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Agenda Packet - CC - 2025.11.03 Regular Meeting
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" "# 0 + @ 0 ./ )$ " "# > ,3-%44AAA1/ 1 4)9842 0 222 +-2 +2 - % % + + 3 K 2 6 + + /% % ; 3 K 2 =1!"> !!02E:")+ 6 EL CAMINO REAL ROADWAY RENEWAL Project Construction UpdateNovember 3, 20257 2Your PresentersRommel PardoRegional Project Manager Gary LaiConstruction Manager8 Agenda:•Project Introduction & Overview•Construction Staging•Traffic Handling•Public Outreach & Coordination9 Purpose of this project is to improve:•Poor pavement condition•Sidewalks that do not meet ADA standards•Local drainage/flooding issues•Crosswalks that need upgrades•Visibility (sight distance)•Hazardous eucalyptus trees410 Overarching Goals•Retain the character and health of the Grove.•Improve the safety of the roadway and sidewalks. 511 •100% Design: August 2025 - Complete•Ready to List (RTL)/Agreed to Price: Sept 2025 -Complete•Approval of Funding/Contract Award: October 2025 - Complete•Start of Construction: Late Dec 2025 / Jan 2026•Estimated End of Construction: Fall 2029*6OverallProject Status Update*Contingent on PG&E undergrounding coordination and other key challenges12 Construction Timeline & StagingRehabilitation of the Roadway13 Construction StagingConstruction staging was created based on:•Setting of the project in an urban setting (proximity to residences and businesses)•Accommodating utility undergrounding by PG&E•Input from Burlingame and the project team814 Staging Plan915 Construction Timeline10•Stage 1 – Project Start:Dec 2025/Jan 2026 – May 2026•Tree removal and road closures (northbound)•Drainage work (southbound)•Potholing (various locations)•Stage 2 – Northbound Lanes: May 2026 – Summer 2027•Pavement, sidewalks, tree replanting•Stage 3 – Southbound Lanes: Summer 2027 – Winter 2028•Pavement, sidewalks, tree removals (southbound), tree replanting •Stage 4 – Middle Lanes: Winter 2028 – Spring 2029•Roadway/pavement•Stage 5 – Intersections: Winter 2028 – Spring 2029•Signals, intersection paving•Stage 6 – Final Overlay and Striping: Spring 2029 – Fall 2029Timeline subject to change, contingent on PG&E undergrounding coordination and other key challenges. 16 Stage 1: Dec 2025/Jan 2026-April 20261117 Traffic Handling During Construction Stages 2, 3, and 412Stage 2: Northbound LaneConstruction(May 2026 – Summer 2027)Stage 3: Southbound LaneConstruction(Summer 2027-Winter 2028)Stage 4: Middle LaneConstruction(Winter 2028 – Spring 2029)18 13Traffic & Detours19 Outreach & CoordinationCommunication with Residents & the Team20 How Will Residents Be Updated? 15•Mailer to corridor residences•Caltrans social media (Facebook, X, Instagram)•Updated website information (elcaminorealproject.com)•Traffic advisory email list•Burlingame newsletter21 Where Will Information Be Available? 16ECR Project Website Caltrans Social Media Email Traffic Advisories Subscribe here.facebook.com/CaltransBayAreaD4@CaltransDistrict4@CaltransD4elcaminorealproject.com22 Coordination & CommunicationDuring Construction17•Weekly meeting with Caltrans and contractor •City in contact with Caltrans Resident Engineer and contractor•Caltrans communication center (radio room)23 What will the new El Camino Real look like? Interactive VisualizationsVideo Simulation18View the visuals at ecralternatives.com/design.24 Questions?1925 Agenda Item: 9a Meeting Date: November 3, 2025 1 BURLINGAME CITY COUNCIL Unapproved Minutes Closed Session on October 20, 2025 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date in person at 6:31 p.m. 2. ROLL CALL MEMBERS PRESENT: Brownrigg, Colson, Pappajohn, Stevenson, Thayer MEMBERS ABSENT: None 3. REQUEST FOR AB 2249 REMOTE PARTICIPATION There was no request. 4. PUBLIC COMMENTS There were none. 5. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4): ONE POTENTIAL CASE City Attorney Guina reported that direction was given, but no reportable action was taken. 6. ADJOURNMENT Mayor Stevenson adjourned the meeting at 6:49 p.m. Respectfully submitted, Meaghan Hassel-Shearer City Clerk 26 Agenda Item: 9b Meeting Date: November 3, 2025 1 BURLINGAME CITY COUNCIL Unapproved Meeting Minutes Regular City Council Meeting on October 20, 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 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The Pledge of Allegiance was led by former Mayor Ann Keighran. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Colson, Pappajohn, Stevenson, Thayer MEMBERS ABSENT: None 4. REQUEST FOR AB 2249 REMOTE PARTICIPATION There were no requests. 5. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4): ONE POTENTIAL CASE City Attorney Guina reported that direction was given, but no action was taken. 6. UPCOMING EVENTS Mayor Stevenson reviewed upcoming events in the city. 7. PRESENTATIONS 27 Agenda Item: 9b Meeting Date: November 3, 2025 2 a. PROCLAMATION RECOGNIZING UNITED AGAINST HATE WEEK OCTOBER 19, 2025 THROUGH OCTOBER 25, 2025 Mayor Stevenson read the proclamation recognizing the week of October 19 through October 25, 2025, as United Against Hate Week. He emphasized the City’s commitment to inclusivity, tolerance, and diversity. b. UPDATE FROM THE YOUTH ADVISORY COMMITTEE (“YAC”) Recreation Coordinator Sheldon introduced the Youth Advisory Committee (“YAC”) for the 2025-26 school year: Hope DiLaura, Charlotte Guglielmi, Dylan Lachance, Owen Larkin, Kristyn Lee, Kylie Min, Hannah Osinski, Ethan Philip, Caroline Readey, Luciano Vitale, Audrey Wei, Tate Willis, and Adrian Yiensu. YAC discussed their initiative for the year: Mental Health and Wellness. Within this initiative they will focus on: x Self – through data collection on students’ stress, sleep, anxiety, etc. to create a Burlingame Mental Health Report Card and a Wellness Fair x Others – through a series of videos educating teens about topics including mental health resources, social media usage, and how to support those who are struggling, and with a Gratitude Project that envisions writing gratitude notes for public servants YAC discussed events that they participated in since their last update to Council including: x Family Campout x NAMI Mental Health Walk x Kids’ Night Out YAC discussed future events that they would be participating in including: x Fall Fest x Holiday Events x Royal Ball x Bayside Cleanup x Parks Foundation Ride Councilmember Colson thanked YAC for focusing on the importance of mental health and stated that she would introduce YAC to a new organization in the City called Edgewood. Councilmember Pappajohn thanked YAC for all their work especially their focus on mental health. Councilmember Thayer discussed the severity of youth mental health challenges, citing a statistic that a third of high school students experience anxiety or loneliness. She commended YAC for their proactive approach. 28 Agenda Item: 9b Meeting Date: November 3, 2025 3 Vice Mayor Brownrigg thanked YAC for their work and stated that he would like to organize policy conversations with YAC. Mayor Stevenson commended YAC’s focus and suggested Councilmembers attend YAC’s annual planning meeting. Mayor Stevenson opened the item up for public comment. No one spoke. c. PRESENTATION FROM THE SAN FRANCISCO PENINSULA (“SFP”) ON ITS STRATEGIC PLAN The San Francisco Peninsula (“SFP”) CEO/Executive Director John Hutar presented on SFP’s new official visitor’s guide and the organization’s transition from “one-off” advocacy to a coordinated strategic plan. He explained that SFP created an advisory council with County leaders in education, business, government, hospitality, and non-profits. He stated that SFP’s vision is to brand the Peninsula as a “premier gateway for a California escapade” and to attract meetings, conventions, events, and visitors. Mr. Hutar reviewed SFP’s three strategic pillars: x Organizational excellence and increased awareness/appreciation for the Peninsula as a visitor destination. x Destination development – advocating for upgrades at the San Mateo County Event Center and additional sport facilities. x Maximizing the Peninsula’s destination experience, including pursuit of a signature annual event spotlighting food, beverage, and music. Mr. Hutar thanked the Council for their continued support of SFP. Lisa Kirchner and Bob Trahan discussed the importance of SFP and endorsed city/corporate partnerships. Vice Mayor Brownrigg and Councilmember Colson praised the collaborative vision. Mayor Stevenson emphasized the power of collective identity among the Peninsula’s cities, moving beyond being “on the way to San Francisco” toward being a true destination. Mayor Stevenson opened the item up for public comment. No one spoke. 8. PUBLIC COMMENTS Liam Hroziencik asked the Council to sign a resolution in support of the Polluters’ Pay Climate Superfund Act. Sarah Tung asked for an update on the El Camino Real project. 29 Agenda Item: 9b Meeting Date: November 3, 2025 4 Mark Yellen asked the Council to sign a resolution in support of the Polluters’ Pay Climate Superfund Act. 9. APPROVAL OF CONSENT CALENDAR Mayor Stevenson asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No items were pulled. Councilmember Pappajohn made a motion to adopt the Consent Calendar; seconded by Councilmember Thayer. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE OCTOBER 6, 2025 CLOSED SESSION City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the October 6, 2025 Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE OCTOBER 6, 2025 REGULAR CITY COUNCIL MEETING City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the October 6, 2025 Regular City Council Meeting. c. ADOPTION OF A RESOLUTION APPROVING THE PROCUREMENT OF ONE 2-YARD CAPACITY 4-IN-1 COMBINATION LOADER BUCKET ATTACHMENT IN THE AMOUNT OF $21,077.38. DPW Murtuza requested Council adopt Resolution Number 118-2025. d. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WQITH MOTT MACDONALD GROUP, INC. IN THE AMOUNT OF $443,386 FOR THE GILBRETH ROAD LIFT STATION UPGRADE, CITY PROJECT NO. 87220, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 119-2025. e. ADOPTION OF A RESOLUTION ACCEPTING THE ROLLINS ROAD FORCE MAIN IMPROVEMENTS, CITY PROJECT NO. 85870, BY CRATUS INC. IN THE AMOUNT OF $2,829,456 DPW Murtuza requested Council adopt Resolution Number 120-2025. f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PURCHASE AND INSTALLATION OF FIELD LIGHTING FROM MUSCO SPORTS LIGHTING, LLC, FOR THE LIGHTING RETROFIT AT WASHINGTON PARK TENNIS/PICKLEBALL COURTS IN THE AMOUNT OF $241,328.33, CITY PROJECT NO. 84050 30 Agenda Item: 9b Meeting Date: November 3, 2025 5 Parks and Recreation Director Glomstad requested Council adopt Resolution Number 121-2025. g. OPEN NOMINATION PERIOD TO FILL TWO VACANCIES ON THE STORM DRAIN CITIZENS’ OVERSIGHT COMMITTEE City Manager Goldman requested Council open the nomination period to fill two vacancies on the Storm Drain Citizens’ Oversight Committee. 10. PUBLIC HEARINGS a. INTRODUCTION AND FIRST READING OF ORDINANCES AMENDING BURLINGAME MUNICIPAL CODE TITLES 17, 18, AND 19 TO ADOPT THE 2025 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES 15378, 15061(b)(3) Chief Building Official (“CBO”) Jonah Glenn stated that every three years, local jurisdictions must adopt the following three ordinances in order to retain local amendments and standards: x Ordinance amending Chapter 17.04 of Title 17, “Fire,” of the Burlingame Municipal Code, by adopting by reference the 2025 Edition of the California Fire Code and Amendments and Modifications x Ordinance amending Chapters 18.05, 18.06, 18.07, 18.08, 18.09, 18.10, 18.11, 18.12, 18.13, 18.16, 18.22, 18.30, and 18.31 of Title 18 of the Burlingame Municipal Code, “Building Construction”: by adopting by reference the 2025 Editions of the California Building Standards Code, California Code of Regulations, Title 24 (CCR-T24), State Housing Law, California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Section 32 (CCR T-25), 2024 International Swimming Pool and Spa Code, 2024 International Property Maintenance Code, 1997 Uniform Code for the Abatement of Dangerous Buildings, and Amendments and Modifications x Ordinance adopting a new Title 19 of the Burlingame Municipal Code by adopting by reference the 2025 Edition of the Wildland Urban Interface Code and Amendments and Modifications CBO Glenn stated that Assembly Bill 130, which passed this year, limits local jurisdiction authority to modify residential code requirements until 2031. CBO Glenn reviewed the significant changes to the California Building Code: x New more strict requirements will classify facilities storing or manufacturing lithium-ion batteries as moderate or high-hazard, potentially mandating sprinkler systems x More robust requirements for smokeproof enclosures x New rules for delayed and controlled egress doors x New provisions for fire-resistance rated exterior walls CBO Glenn reviewed the significant changes to the California Energy Code: 31 Agenda Item: 9b Meeting Date: November 3, 2025 6 x Heat pumps required in new residential and some non-residential buildings for space and water heating x Electric-ready requirements are strengthened for commercial kitchens and some multi-family buildings x Installation of actual Level 2 EV chargers and receptacles is mandated for new construction, replacing the previous “EV Capable” focus x Updated standards for solar and storage are in place for assembly buildings to improve onsite clean energy use CBO Glenn reviewed the significant changes in the California Fire Code: x Clarification of fire alarm requirements for smaller buildings x Minor administrative updates for clarity and consistency x Removed passive purge requirements for residential sprinkler systems x Increase fire lane width for aerial access from 26 feet to 28 feet CBO Glenn discussed the California Wildland-Urban Interface Code updates: x The 2025 State Codes extracted the Wildland-Urban Interface (“WUI”) Code requirements from the California Building and Residential Codes x The WUI requirements are now combined into a standalone code book x Due to new CAL Fire maps published and adopted this year, Burlingame now has properties within “Moderate,” “High,” and “Very High” fire hazard severity zones x CAL Fire maps are published on the City’s website, and properties are marked in the City’s ComDev system Mayor Stevenson opened the public hearing. No one spoke. Councilmember Pappajohn and Vice Mayor Brownrigg asked about reach codes and if AB 130 prevents the Council from adopting new versions. CBO Glenn replied that Sustainability Program Manager Michael would be able to provide Council with more information on that. Councilmember Colson made a motion to accept the first reading and bring the ordinances back for a second reading: seconded by Vice Mayor Brownrigg. 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 Councilmembers reported on their various committees and activities. 13. FUTURE AGENDA ITEMS 32 Agenda Item: 9b Meeting Date: November 3, 2025 7 Councilmember Pappajohn asked for a discussion on the Polluters’ Pay Climate Superfund Act and whether the Council should sign a resolution in support of its passage. Council agreed to agendize the conversation. 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 8:16 p.m. in memory of local youth who died as a result of mental health struggles. Respectfully submitted, Meaghan Hassel-Shearer City Clerk 33 Agenda Item: 9c Meeting Date: November 3, 2025 1 BURLINGAME CITY COUNCIL Unapproved Minutes Special Meeting – Community Workshop on October 22, 2025 1. CALL TO ORDER A duly noticed special meeting was held in person in the Sequoia Room at the Burlingame Community Center at 6:15 p.m. 2. ROLL CALL MEMBERS PRESENT: Brownrigg, Colson, Pappajohn, Stevenson, Thayer MEMBERS ABSENT: None 3. COMMUNITY WORKSHOP The Council, staff, and community discussed the results of the recent community survey and reviewed potential future uses of the current City Hall site. Additionally, the community was presented with vision boards and informative exhibits. 6. ADJOURNMENT Mayor Stevenson adjourned the meeting at 7:15 p.m. Respectfully submitted, Meaghan Hassel-Shearer City Clerk 34 STAFF REPORT AGENDA NO: 9d MEETING DATE: November 3, 2025 To: Honorable Mayor and City Council Date: November 3, 2025 From: Neda Zayer, Community Development Director – (650) 558-7253 Jonah Glen, Chief Building Official – (650) 558-7270 Patricia Koch, Fire Marshal CCFD (650) 558-7618 Subject: Second Reading and Adoption of Ordinances: Amending Chapter 17.04 of Chapter 17, “Fire,” of the Burlingame Municipal Code with Local Amendments; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3) Amending Chapters 18.05, 18.06, 18.07, 18.08, 18.09, 18.10, 18.11, 18.12, 18.13, 18.16, 18.22, 18.30, and 18.31 of Title 18, “Building Construction,” of the Burlingame Municipal Code with Local Amendments; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3); Adopting a New Title 19 to Adopt the 2025 California Building Standards Code with Local Amendments; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3) RECOMMENDATION Staff recommends that the City Council adopt: 1. An Ordinance of the City of Burlingame amending Chapter 17.04 of Title 17, “Fire,” of the Burlingame Municipal Code, by Adopting by Reference the 2025 Edition of the California Fire Code and Amendments and Modifications thereto; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3) 2. An Ordinance of the City of Burlingame, amending Chapters 18.05, 18.06, 18.07, 18.08, 18.09, 18.10, 18.11, 18.12, 18.13, 18.16, 18.22, 18.30, and 18.31 of Title 18 of the Burlingame Municipal Code, “Building Construction”, by Adopting by Reference the 2025 Editions of the California Building Standards Code, California Code of Regulations, Title 24 (CCR-T24), California Code of regulations(CCR-T24), California Code Of Regulations (CCR- T24), State Housing Law, the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Section 32 (CCR, T-25), 2024 International Swimming Pool and Spa Code, 2024 International Property Maintenance Code, 1997 Uniform Code for the Abatement of Dangerous Buildings, and Amendments and Modifications thereto; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3) 35 Second Reading and Adoption of 2025 California Building Standards November 3, 2025 2 3. An Ordinance of the City of Burlingame, adopting a new Title 19 of the Burlingame Municipal Code by Adopting by Reference the 2025 Edition of the Wildland Urban Interface Code, and Amendments and Modifications thereto; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3). Recommended Procedure and Order of Operations Staff recommends the following procedure: 1. Adopt the proposed ordinances. 2. Direct the City Clerk to publish a summary of the ordinances within 15 days of adoption. 3. Direct the City Clerk to file the findings and amendments with the California Building Standards Commission. BACKGROUND AND DISCUSSION On December 17, 2024, the Building Standards Commission voted to adopt the most up-to-date edition of the model codes as amended by those various state agencies. On July 1, 2025, the 2025 California Building Codes were published. All local jurisdictions are required by State law to adopt and enforce the most recent codes reviewed and approved by the California Building Standards Commission. The Building Division and the Central County Fire Department coordinated to ensure such adoption is completed to match the effective date of enforcement with that of the State of California for January 1, 2026. On October 20, 2025, the City Council introduced and held public hearings for the proposed ordinances to amend Title 17, amend Title 18, and adopt Title 19 related to the adoption of the 2025 California Building Standards Code. Following the public hearing and discussion of the ordinances, the City Council unanimously voted to adopt the first reading of each ordinance and bring the ordinances back for second reading without any changes. FISCAL IMPACT There are no fiscal impacts associated with the adoption of the 2025 California Building Standards Code. Exhibits: x Staff Report from First Reading (October 20, 2025) x Ordinance for Title 17 x Ordinance for Title 18 x Ordinance for Title 19 36 STAFF REPORT AGENDA NO: 10a MEETING DATE: October 20, 2025 To: Honorable Mayor and City Council Date: October 20, 2025 From: Neda Zayer, Community Development Director – (650) 558-7253 Jonah Glen, Chief Building Official – (650) 558-7270 Patricia Koch, Fire Marshal CCFD (650) 558-7618 Subject: Introduction and First Reading of Ordinances Amending Chapter 17.04 of Chapter 17, “Fire,” of the Burlingame Municipal Code with Local Amendments; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3) Amending Chapters 18.05, 18.06, 18.07, 18.08, 18.09, 18.10, 18.11, 18.12, 18.13, 18.16, 18.22, 18.30, and 18.31 of Title 18, “Building Construction,” of the Burlingame Municipal Code with Local Amendments; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3); Adopting a New Title 19 to Adopt the 2025 California Building Standards Code with Local Amendments; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3) RECOMMENDATION Staff recommends that the City Council conduct a public hearing to: 1. Introduce an Ordinance of the City of Burlingame amending Chapter 17.04 of Title 17, “Fire,” of the Burlingame Municipal Code, by Adopting by Reference the 2025 Edition of the California Fire Code and Amendments and Modifications thereto; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3) 2. Introduce an Ordinance of the City of Burlingame, amending Chapters 18.05, 18.06, 18.07, 18.08, 18.09, 18.10, 18.11, 18.12, 18.13, 18.16, 18.22, 18.30, and 18.31 of Title 18 of the Burlingame Municipal Code, “Building Construction”, by Adopting by Reference the 2025 Editions of the California Building Standards Code, California Code of Regulations, Title 24 (CCR-T24), California Code of regulations(CCR-T24), California Code Of Regulations (CCR- T24), State Housing Law, the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Section 32 (CCR, T-25), 2024 International Swimming Pool and Spa Code, 2024 International Property Maintenance Code, 1997 Uniform Code for the Abatement of Dangerous Buildings, and Amendments and Modifications thereto; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3) 37 October 20, 2025 2 3. Introduce an Ordinance of the City of Burlingame, adopting a new Title 19 of the Burlingame Municipal Code by Adopting by Reference the 2025 Edition of the Wildland Urban Interface Code, and Amendments and Modifications thereto; CEQA Determination: Exempt Pursuant to State CEQA Guidelines 15378, 15061(b)(3). Recommended Procedure and Order of Operations: A. Receive the staff report and ask any questions of staff. B. Conduct a Public Hearing. C. Discuss the Ordinances and, by motion, determine whether to bring them back for second reading and adoption. If the Council is in favor of the Ordinances, direct the City Clerk to publish a summary of the Ordinances at least five days before its proposed adoption. BACKGROUND The California Building Standards Commission (CBSC) was established in 1953 and is appointed by the Governor. Since 1978, all proposed regulations promulgated by the various state agencies must be reviewed and approved by the Building Standards Commission. The CBSC adopts a new California Building Standards Code (Title 24 of the California Code of Regulations, “State Code” or “Title 24”) every three years, which all cities in California are required to enforce. On December 17, 2024, the Building Standards Commission voted to adopt the most up-to-date edition of the model codes as amended by those various state agencies. The 2025 California Building Standards Code was published on July 1, 2025, and will become effective on January 1, 2026. Although there are no significant changes proposed to the State Code, it is worth noting that these updates will supersede the City’s previous Reach Codes. The 2025 California Energy and Green Building Standards Codes provide more strict energy efficiency requirements than previous editions, and staff recommends adoption of these codes without further amendment. In addition, AB 306 limits local amendments to residential building standards from October 1, 2025, to June 1, 2027, except in specific circumstances, such as local residential standards filed and effective by September 30, 2025, standards related to home hardening (wildfire mitigation), or during times of declared emergency Also, the City of Burlingame is proposing the adoption of the California Wildland Urban Interface Code (CWUI). The City of Burlingame-designated Fire Hazard Severity Zones have requirements for fire resistant construction and vegetation management that until now have been part of the California Fire and Building codes. During the State Code adoption cycle, the requirements for fire hazard zones have been removed from building and fire codes and relocated to a new code, the 2025 California Wildland Urban Interface Code, California Code of Regulations Title 24 part 7. Staff recommends adopting this new code with amendments to include local administrative requirements. DISCUSSION The City Council should review the proposal to amend the building regulations by adopting the most recent edition of the California Building Codes. Staff also recommends the City Council adopt local 38 October 20, 2025 3 modifications as authorized by state law. California Health and Safety Codes Sections 13143.5, 17958.5, 17958.7, and 18941.5 allow the City, by ordinance, to make local amendments to the State Codes when such amendments are reasonably necessary because of local climatic, geological, or topographical conditions. The City Council must make findings to support the local amendments. Evidence to support the findings necessary for these amendments includes the following: 1. Burlingame is located between the Santa Cruz Mountains foothills and San Francisco Bay, with seven major creeks flowing through highly developed residential and industrial areas. The City is surrounded by large areas of open space maintained in natural conditions, as well as having a significant natural canyon in the center of the residential area. Strong winds come down the foothills during both the driest and the wettest parts of the year. The city is directly east of the San Andreas Fault, while the majority of the developed part of the city is located along the front of the Bay, much of it on fill. The United States Geologic Survey, the California Division of Mines and Geology, and the Association of Bay Area Governments have extensively mapped the area for such earthquake probabilities. The foothill areas have a variety of soil formations with steep canyons and heavy precipitation. Much of the city has a high water table. The proposed amendments to the Building Codes address the local geological conditions in Burlingame. 2. Fires in the community could quickly spread because of the extensive, natural vegetation throughout the city. In February of 2025, the Office of the State Fire Marshal identified new Fire Hazard Severity Zones for the City of Burlingame, including “Very High”, “High”, and “Moderate” zones, which affect minimum standards for construction within these zones. The city has several highly developed commercial areas with older buildings, and an industrial area that is filled with mixed uses utilizing various materials that could be highly hazardous. Heavily traveled approach and departure routes for San Francisco International Airport are immediately adjacent to or over the city. The city is also located in a national climate zone that is designated “Very High” on the Termite Infestation Probability Map. The proposed amendments to the Building, Fire, and Wildland-Urban Interface Codes address the local topographical conditions in Burlingame. 3. The City has worked with other jurisdictions on the San Francisco Peninsula to establish consistent standards to minimize the impact that varying standards might have on development and redevelopment of both residential and commercial buildings. It is only through strong building standards and effective fire prevention and containment programs that citizens will receive the protection they deserve and that citizens will be able to obtain reasonably priced insurance for their homes and businesses. 4. The City operates its own sanitary sewer system and water quality control plant and is subject to State and Federal laws regarding both point and non-point discharges. The proposed amendments to the Building Code are intended to assist the City in meeting its responsibilities regarding those laws as well as protecting the public safety and welfare. 5. The City also operates its own water supply system for its citizens. The proposed amendments to the Building Code are intended to provide consistent policy regarding water service installations and to protect the public’s water supply. 39 October 20, 2025 4 Given these conditions specific to Burlingame, staff recommends amendments to the State Code as described above that address these local geological and topographic conditions. If the City Council chooses not to adopt the State Code with the proposed local amendments, the Burlingame Municipal Code would default to the new State Code as prescribed by State law. However local geographic, topographic, and climatic conditions unique to Burlingame would not be addressed. The Effective Date of all three Ordinances is January 1, 2026. Environmental Adoption of local amendments to the California Building Standards Code and amendments to the City of Burlingame Municipal Code are not a project under the California Environmental Quality Act (CEQA) and the CEQA Guidelines. Pursuant to Title 14 of the California Administrative Code, Section 15061(b)(3) these Ordinances are exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. This action is further exempt from the definition of Project in Section 15378(b)(2) in that it concerns general policy and procedure making. FISCAL IMPACT There are no fiscal impacts associated with the adoption of the 2025 California Building Standards Code. Exhibits: x Proposed Ordinance for Title 17 x Proposed Ordinance for Title 18 x Proposed Ordinance for Title 19 40 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 18 OF THE BURLINGAME MUNICIPAL CODE; ADOPTING BY REFERENCE THE 2025 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR-T24), STATE HOUSING LAW, THE CALIFORNIA CODE OF REGULATIONS, TITLE 25, DIVISION 1, CHAPTER 1, SUBCHAPTER 1, SECTION 32 (CCR, T-25), 2024 INTERNATIONAL SWIMMING POOL AND SPA CODE, 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE, 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND AMENDMENTS AND MODIFICATIONS THERETO; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES 15378, 15061(b)(3) WHEREAS, the City of Burlingame’s Building Regulations are codified in Title 18 of the Burlingame Municipal Code and were last updated in 2022; and WHEREAS, it is the desire and intent of the City Council of the City of Burlingame to provide the public with the greatest degree of fire, life, health, and structural safety in buildings in the most effective manner by adopting the most current body of regulations; and WHEREAS, On December 17, 2024 the Building Standards Commission voted to adopt the most up-to-date edition of the 2025 California Building Standards Code as amended by those various state agencies; and WHEREAS, on July 1, 2025 the California Building Standards Code was published; and WHEREAS, all local jurisdictions are required by State law to adopt and to enforce the most recent codes reviewed and approved by the California Building Standards Commission; and WHEREAS, the 2025 California Building Standards Code will become effective on January 1, 2026; and WHEREAS, on October 20, 2025, the City Council of the City of Burlingame held a duly noticed public hearing to consider the 2025 California Building Standards Code and local amendments at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; and WHEREAS, on November 3, 2025, the City Council of the City of Burlingame conducted the second reading and adopted the 2025 California Building Standards Code and local amendments; and WHEREAS, California Health and Safety Codes Sections 13143.5, 17958.5, 17958.7, and 18941.5 allow the City, by ordinance, to make modifications or changes to the California Building Standards Code and other regulations adopted pursuant to Health and Safety Code Section 17922 when such amendments are reasonably necessary because of local climatic, geological, or topographical conditions, and where such amendments establish requirements more stringent than those provided in the state code; and 41 2 WHEREAS, amendments are necessary because of the climatic, geographical or topographical conditions unique to the City of Burlingame; and WHEREAS, the Health and Safety Code requires that the City Council, before making any modifications and changes, makes an express finding that each modification or change is needed; and WHEREAS, the City Council determines that the proposed ordinance establishes requirements equal to or greater than those set forth in 2025 editions of the California Building Standards Code, California Code of Regulations, Title 24 (CCR-T24), State Housing Law, the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Section 32 (CCR, T-25), 2024 International Swimming Pool and Spa Code, 2024 International Property Maintenance Code, and 1997 Uniform Code for the Abatement of Dangerous Buildings; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY ORDAIN AS FOLLOWS: SECTION ONE. PURPOSE AND INTENT The purpose and intent of this Ordinance is to adopt the 2025 California Building Standards Code by repealing and replacing Chapters 18.05, 18.06, 18.07, 18.08, 18.09,18.10, 18.11, 18.12, 18.13, 18.16, 18.22, 18.30, and 18.31 of Title 18 of the Burlingame Municipal Code. SECTION TWO. REQUIRED FINDINGS Pursuant to Sections 13143.5, 17958.5, 17958.7, and 18941.5 of the California Health and Safety Code, a local jurisdiction may adopt amendments to the State Building Code when such amendments are reasonably necessary because of local climatic, geological, or topographical conditions. In adopting amendments to the State Building Code, the City Council finds that such local conditions exist in the City of Burlingame as follows: 1. The City of Burlingame is located between the Santa Cruz Mountains foothills and San Francisco Bay, with seven major creeks flowing through highly developed residential and industrial areas. The City is surrounded by large areas of open space maintained in natural conditions, as well as having a significant natural canyon in the center of the residential area. Strong winds come down the foothills during both the driest and the wettest parts of the year. The city is directly east of the San Andreas Fault, with the majority the developed part of the city is located along the front of the Bay, much of it on fill. The United States Geologic Survey, the California Division of Mines and Geology, and the Association of Bay Area Governments have extensively mapped the area for such earthquake probabilities. The foothill areas have a variety of soil formations with steep canyons and heavy precipitation. Much of the city has a high water table. The proposed amendments to the Building Codes address the local geological conditions in Burlingame. Fires in the community could quickly spread because of the extensive, natural vegetation throughout the city. In February of 2025, the Office of the State Fire Marshal identified new Fire Hazard Severity Zones for the City of Burlingame, including “Very High”, “High”, and “Moderate” zones, which affects minimum standards for construction within these zones. The city has several highly developed commercial areas with older buildings, and an industrial area that is filled with mixed uses utilizing various materials that 42 3 could be highly hazardous. Heavily traveled approach and departure routes for San Francisco International Airport are immediately adjacent to or over the city. The city is also located in a national climate zone that is designated “Very High” on the Termite Infestation Probability Map. The proposed amendments to the Building Code address the local topographical conditions in Burlingame. The City has worked with other jurisdictions on the San Francisco Peninsula to establish consistent standards to minimize the impact that varying standards might have on development and redevelopment of both residential and commercial buildings. It is only through strong building standards and effective fire prevention and containment programs that citizens will receive the protection they deserve, and that citizens will be able to obtain reasonably priced insurance for their homes and businesses. In seeking to attain these goals, the building standards in Title 18 have been and are adopted. To provide appropriate, clear information to applicants for construction approvals, Section 18.07.050 is adopted to conform Title 18 to Zoning Code requirements established in the Municipal Code. It is the intent of the City Council to adopt by reference the 2025 editions of the California Building Standards Codes in its entirety except as specifically amended by this ordinance. 2. The City operates its own sanitary sewer system and water quality control plant and is subject to State and Federal laws regarding both point and non-point discharges. Sections 18.07.060, 18.08.010, 18.12.080, 18.12.090, 18.12.100, 18.12.110, 18.12.115, 18.12.120, and 18.12.125 are intended to assist the City in meeting its responsibilities regarding those laws as well as protecting the public safety and welfare. 3. The City also operates its own water supply system for its citizens. Sections 18.07.060, 18.12.050, 18.12.060, 18.12.070, and 18.12.100 are intended to provide consistent policy regarding water service installations and to protect the public’s water supply. 43 4 SECTION THREE. REPEALING AND REPLACING CHAPTER 18.05 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.05 is added and amended to read as follows: Chapter 18.05 INTERNATIONAL SWIMMING POOL AND SPA CODE Sections: 18.05.010 Adoption of the 2024 International Swimming Pool and Spa Code 18.05.020 Section 302.1 amended – Electrical 18.05.030 Section 302.2 amended – Water service and drainage 18.05.040 Section 303 amended – Energy 18.05.010 Adoption of the 2024 International Swimming Pool and Spa Code The rules, regulations and requirements published by the International Code Council (ICC) under the title “2024 “International Swimming Pool and Spa Code, are adopted as and for the rules, regulations and standards for swimming pools and spas within this city as to all matters therein contained with the following amendments: 18.05.020 Section 302.1 amended – Electrical Section 302.1 of the International Swimming Pool and Spa Code is amended to read as follows: 302.1 Electrical. Electrical requirements for aquatic facilities, pools, and spas shall be in accordance with the 2025 California Electrical Code. Exception: Internal wiring for portable residential spas and portable residential exercise spas. 18.05.030 Section 302.2 amended – Water service and drainage. Section 302.2 of the International Swimming Pool and Spa Code is amended to read as follows: 302.2 Water service and drainage. Piping and fittings used for water service, makeup and drainage piping for pools and spas shall comply with the 2025 California Plumbing Code. Fittings shall be listed and approved by the International Association of Plumbing and Mechanical Official 44 5 (IAPMO) or an equivalent recognized agency and be approved for installation with the piping installed. Section 302.5 of the International Swimming Pool and Spa Code is amended to read as follows: 18.05.040 Section 302.5 amended – Backflow protection. 302.5 Backflow protection. Water supplies for pools and spas shall be protected against backflow in accordance with the 2025 California Plumbing Code. Section 303 of the International Swimming Pool and Spa Code is amended to read as follows: 18.05.050 Section 303 amended – Energy. 303 Energy. The energy consumption of pools and permanent spas shall be controlled by the requirements in sections 303.1.1 through 303.1.3 and comply with the 2025 California Energy Code. 45 6 SECTION FOUR. REPEALING AND REPLACING CHAPTER 18.06 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.06 is amended incorporating the 2024 International Property Maintenance Code. Chapter 18.06 INTERNATIONAL PROPERTY MAINTENANCE CODE. 18.06.010 Adoption of 2024 International Property Maintenance Code. 18.06.010 The 2024 International Property Maintenance Code is hereby incorporated as part of the Burlingame Municipal Code. 46 7 SECTION FIVE. REPEALING AND REPLACING CHAPTER 18.07 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.07 is amended in its entirety to read as follows: Chapter 18.07 ADMINISTRATIVE CODE Sections: 18.07.005 Adoption of 2025 California Administrative Code 18.07.010 Article 6 added – Construction Hours 18.07.015 Article 7 added – Streamlined permitting process for small residential rooftop solar systems 18.07.020 Article 8 added – Permit process for electric vehicle charging stations 18.07.005 Adoption of 2025 California Administrative Code. The rules, regulations and requirements published by the State of California under the title “2025 California Administrative Code”, are adopted as and for the rules, regulations and standards within this city as to all matters therein contained with the following amendments: 18.07.010 Article 6 added—Construction Hours. Article 6 of the California Administrative Code is added to read as follows: 1-601. Construction Hours. No person shall erect (including excavation and grading), demolish, alter or repair any building or structure other than between the hours of eight a.m. and seven p.m. on weekdays, and nine a.m. and six p.m. on Saturdays, except in circumstances where continuing work beyond legal hours is necessary to building or site integrity, including (but not limited to) large concrete pours, environmental considerations, state or federal requirements, or in cases where it is in the interest of public health and safety, and then only with written approval from the building official, which shall be granted for no longer than necessary to complete the portion of the project for which the exception was granted. No person shall erect (including excavation and grading), demolish, alter or repair any building or structure on Sundays or on holidays, except in the circumstances described earlier in this paragraph, and then only with written approval from the building official, which shall be granted for no longer than necessary to complete the portion of the project for which the exception was granted. For the purpose of this section, holidays are the days set forth in Section 13.04.100 of this code. The restrictions stated in this section shall not apply to work that does not require a permit under any applicable law or regulation, or to work that takes place inside a completely enclosed 47 8 building and does not exceed the exterior ambient noise level per the BMC 25.58.050. In the Bayfront Commercial (BFC), Innovative Industrial (I/I) and Rollins Road Mixed Use (RRMU) zones only, construction work may begin at seven a.m. instead of eight a.m. on weekdays. However, the use of chainsaws, jackhammers, pile-drivers or pneumatic impact wrenches shall be prohibited from seven a.m. to eight a.m., unless written approval is granted by the building official pursuant to an exception listed in the above paragraph. 18.07.015 Article 7 added - Streamlined permitting process for small residential rooftop solar systems. Article 7 of the California Administrative Code is added to read as follows: Article 7 - Streamlined permitting process for small rooftop solar system installations. 1-701. Purpose. The purpose of the section is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Burlingame, and expanding the ability of property owners to install solar energy systems. The section allows the City of Burlingame to achieve these goals while protecting the public health and safety. 1-702. Definitions. Solar energy system means either of the following: 1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. 2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. Small residential rooftop solar energy system means all of the following: 1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. 2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of Burlingame, and all state and City of Burlingame health and safety standards including paragraph (3) of subdivision (c) of Section 714 of the Civil Code. 3. A solar energy system that is installed on a single-family or duplex-family dwelling. 4. A solar panel or module array that does not exceed the maximum legal building height as 48 9 defined by the City of Burlingame Electronic submittal means the utilization of one or more of the following: 1. Email; or 2. The Internet. Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. Common interest development means any of the following: 1. A community apartment project; or 2. A condominium project; or 3. A planned development; or 4. A stock cooperative. Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance means: 1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed. 2. For Photovoltaic Systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed. 1-703. Applicability. This section applies to the permitting of all small residential rooftop solar energy systems in the City of Burlingame. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit. 1-704. Solar energy system requirements. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City of Burlingame and the Central County Fire Department. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing Code and California Mechanical Code. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics 49 10 Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. 1-705. Submittal requirements. All documents required for the submission of an expedited solar energy system application shall be made available on the City of Burlingame website. Electronic submittal of the required permit application and associated documents for small, residential rooftop solar energy system permits shall be by email, or the Internet. As an alternative an applicant may submit a permit application and associated documents at the Building Division front counter during regular business hours. An applicant's electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature. The City of Burlingame shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review. The small residential rooftop solar system permit process, standard plans, and the checklist shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951. 1-706. Plan review, permit, and inspection requirements. The Building Division shall provide an administrative, nondiscretionary plan check review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption of the ordinance codified in this section. The Building Division shall process, review, and approve the application for the installation or use of a solar system in the same manner as an application for review of an architectural modification to the property, and shall not be willfully avoided or delayed. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. If an application for the installation of a solar system is not denied in writing within 45 days of receipt of a complete application the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information. The City of Burlingame Planning Division may require an applicant to apply for a use permit if the Planning Division finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to City of Burlingame Planning Commission. Review of the permit application shall be limited to the Building Division's review of whether the 50 11 application meets local, state, and federal health and safety requirements. If a use permit is required, the building official may deny an application for the use permit if the building official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the City of Burlingame Planning Commission. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City of Burlingame on another similarly situated application in a prior successful application for a permit. The City of Burlingame shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. The City of Burlingame shall not condition approval of an application for a small residential rooftop solar energy system on the approval of an association, as defined in Section 4080 of the Civil Code. Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review. During the required inspection, if it is found that the installation does not conform to the approved plans and/or comply with the current California Building Code requirements then an additional, follow-up inspection shall be required. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized and required but need not conform to the requirements of this section. A separate fire inspection may be performed by the Central County Fire Department, if required. The inspection shall be done within three business days and may include consolidated inspections. 18.07.020 Article 8 added - Permit process for electric vehicle charging stations. 1-801. Purpose. The purpose of this section is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with California Government Code Section 65850.7 to achieve timely and cost effective processing of applications for the installation of electric vehicle charging stations. The provisions encourage the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install electric vehicle charging stations. The provisions allow the city to achieve these goals while protecting the public health and safety. 1-802. Definitions. "Electric vehicle charging station(s)" or "charging station(s)" means any level of electric vehicle supply equipment station that is designed and built in compliance with California Code of Regulations, Title 24 Part 3 California Electrical Code Article 625, as it reads on the effective date of the ordinance codified in this section or as it may be amended, and delivers electricity from a source 51 12 outside an electric vehicle into a plug-in electric vehicle. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 1-803. Applicability. This section applies to the permitting of all electric vehicle charging stations in the city. Electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a pre-existing charging station in such a way as to require new permitting. Routine operation and maintenance shall not require a permit. 1-804. Electric Vehicle Charging Station Requirements. All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city. Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission and other applicable laws and regulations regarding safety and reliability. 1-805. Submittal Requirements. All documents required for the submission of an electric vehicle charging station application shall be made available on the city's website. Electronic submittal of the required permit application and documents by facsimile shall be made available to all electric vehicle charging station permit applicants. Because the city does not have an adopted electronic signature protocol as of the time of the adoption of the ordinance codified in this section, an electronic signature cannot be accepted in lieu of a wet signature on the application. However, as soon as the city adopts such a protocol, electronic signatures will be accepted on charging station applications, and the city's website and application materials will be updated accordingly. The city's building division shall adopt a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review. The electric vehicle permit process, standard(s), and checklist(s) may substantially conform to recommendations for permitting, including the checklist and standards contained in the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the California State Office of Planning and Research. For purposes of calculating permit fees under the city's adopted master fee schedule, the value to be used in computing the electric vehicle charging station permit and plan review shall be the total value of all construction work for which the permit is issued as well as any other equipment. The determination of value or valuation under any of the provisions of this section shall be made by the building official. 1-806. Plan Review, Permit, and Inspection Requirements. The building official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Only permits or approvals that conform to all applicable provisions of this chapter and Title 18, including 52 13 design review, shall be issued. The building official or designated staff members shall make determinations of conformance. Where the application meets the requirements of the approved checklist and standards and there are no specific, adverse impacts upon public health or safety, the building division shall complete the building permit approval process, which is nondiscretionary. Review of the application for electric vehicle charging stations shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements. The building official may require an applicant to apply for an "electric vehicle charging station use permit" if the building official makes written findings that the proposed electric vehicle charging stations could have a specific, adverse impact upon public health and safety. The building official's decision may be appealed to the city planning commission. If an electric vehicle charging station use permit is required, the building official may only deny an application for the electric vehicle charging station use permit if the official makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. The building official's decision may be appealed to the city planning commission. If the building official issues an electric vehicle charging station use permit, the permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. A separate fire inspection may be performed by the Central County Fire Department, if required. 53 14 SECTION SIX. REPEALING AND REPLACING CHAPTER 18.08 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.08 is amended in its entirety to read as follows: Chapter 18.08 BUILDINGCODE Sections: 18.08.005 Adoption of 2025 California Building Code, Part 2, Volume 1 18.08.010 Section 117 added – Safety assessment placards 18.08.015 Section 406.1.1 added – Car stacking system backup power 18.08.020 Section 406.6.2.1 added – Manual control 18.08.025 Section 502.1 amended – Address identification 18.08.030 Section 502.2 added – Utility identification 18.08.035 Section 903.1.2 added – Additions and alterations 18.08.040 Section 903.1.3 added – Applicable to all sprinklered buildings 18.08.045 Section 903.2 amended – Where required 18.08.050 Section 903.2.10.3 added – Lithium-ion batteries in vehicles 18.08.055 Section 903.2.10.4 added – Additional commercial and multi-family dwelling sprinkler locations 18.08.060 Section 903.2.22 added – Existing buildings and structures 18.08.065 Section 903.2.23 added – Aggregate 18.08.070 Section 903.3.1.4 added – Inspector’s test valves 18.08.075 Section 903.3.1.5 added – Additional residential sprinkler locations 18.08.080 Section 903.4.1 amended – Fire sprinkler monitoring systems 18.08.085 Section 905.4 amended – Location of Class I standpipe hose connections 18.08.090 Section 907.7 added – Acceptance tests and certification 18.08.095 Section 1502.4.1 added – Roof drainage requirements 18.08.100 Section 1502.4.2 added – Surface drainage requirements 18.08.105 Section 1505.1 amended – Fire classification 18.08.110 Table 1505.1 amended – Roof minimum fire retardant classes 18.08.115 Section 1505.1.2 amended – Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI) 18.08.120 Adoption of 2025 California Building Code, Part 2, Volume 2 18.08.125 Section 1807.2.1 amended – General 18.08.130 Section 3005.5 amended – Shunt Trip 18.08.135 Section 3202 amended – Encroachments 18.08.140 Section 3202.1 amended – Encroachments below grade 18.08.145 Section 3202.2 amended – Encroachments above grade and below 8 feet in height 18.08.150 Section 3202.3 amended – Encroachments 8 feet or more above grade 54 15 18.08.005 Adoption of 2025 California Building Code, Part 2. Volume 1 The rules, regulations and requirements published by the International Code Council (ICC) under the title “2024 International Building Code Volume 1" and adopted as the “2025 California Building Code Volume 1" including the State of California amendments thereto, are adopted as and for the rules, regulations and standards within this city as to all matters therein contained with the following amendments: 18.08.010 Section 117 added – Safety assessment placards Section 117 of the 2025 California Building Code is added to read as follows: Section 117 Safety assessment placards. 117.1 Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The Section further authorizes the Chief Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. 117.2 Application of Provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Burlingame. The City Council may extend the provisions as necessary. 117.3 Definition. Safety assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy. 117.4 Placards. The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached. INSPECTED - Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (Green) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. (Yellow) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Chief Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. (Red or Orange) (a) The name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard. (b) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Chief Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover, or deface a placard unless authorized pursuant to this section. 55 16INSPECTEDLAWFUL OCCUPANCY PERMITTEDThis structure has been inspected, as indicated below, and no apparent structural hazard has been found.Inspected Exterior OnlyInspected Exterior and InteriorReport any unsafe condition to the City of Burlingame Building Division at650-558-7260.Re-inspection may be required.Inspector comments:Site/Building Address:Date:Time: a.m./p.m.Caution:Post inspection conditions may increase damage and risk.This facility was inspected under emergency conditions for the City of Burlingame on the date and time noted.Inspected by: Identification #: Agency: DO NOT REMOVE, ALTER, OR COVER THIS PLACARD UNTIL AUTHORIZED BY THE CITY OF BURLINGAME.(Burlingame Municipal Code, Section 18.07.120)56 17 This page blank 57 18 RESTRICTED USE WARNING: This structure has been inspected and found to be damaged as described below. Damage Comments: Report any unsafe condition to the City of Burlingame Building Division at 650-558-7260. Re-inspection may be required. Entry, occupancy, and lawful use are restricted as follows: Site/Building Address: Date: Time: a.m./p.m. Caution: Post inspection conditions may increase damage and risk. This facility was inspected under emergency conditions for the City of Burlingame on the date and time noted. Inspected by: Identification #: Agency: DO NOT REMOVE, ALTER, OR COVER THIS PLACARD UNTIL AUTHORIZED BY THE CITY OF BURLINGAME. (Burlingame Municipal Code, Section 18.07.120) 58 19 This page blank 59 UNSAFE DANGER – DO NOT ENTER OR OCCUPY! WARNING: This structure has been inspected, found to be seriously damaged, and is UNSAFE to enter or occupy as described below. Damage Comments: Report any unsafe condition to the City of Burlingame Building Division at 650-558-7260. Re-inspection may be required. Do not enter or remain in close proximity unless specifically authorized by the City of Burlingame. Entry may result in injury or death. Site/Building Address: Date: Time: a.m./p.m. Caution: Post inspection conditions may increase damage and risk. This facility was inspected under emergency conditions for the City of Burlingame on the date and time noted. Inspected by: Identification #: Agency: DO NOT REMOVE, ALTER, OR COVER THIS PLACARD UNTIL AUTHORIZED BY THE CITY OF BURLINGAME. (Burlingame Municipal Code, Section 18.07.120) 60 21 This page blank 61 22 18.08.015 Section 406.1.1 added – Car stacking system back up power Section 406.1.1 of the 2025 California Building Code is added to read as follows: 406.1.1 Commercial and Multi-Family Dwelling car stacking systems shall be provided with back- up power to allow access to and egress from such systems during a power outage. The back-up power shall comply with the manufacturer’s specifications and the 2025 California Electrical Code. 18.08.020 Section 406.6.2.1 added – Manual control Section 406.6.2.1 of the 2025 California Building Code is added to read as follows: 406.6.2.1 Manual Control. A garage containing electrical charging stations shall provide a manually operated control switch that controls ventilation operations located in the command/control room for emergency operations. 18.08.025 Section 502.1 amended – Address identification Section 502.1 of the 2025 California Building Code is amended to read as follows: 502.1. Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. Address identification shall be maintained. Address sizing. Size of address numbers shall be as follows: 1. Each character shall be a minimum of four inches (4”) high with a minimum stroke width of one-half inch (1/2”). 2. When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a minimum character size of one-half inch (1/2”) stroke by six inches (6”) high is required. 3. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one inch (1") stroke by nine inches (9”) high is required. Multi-Tenant Buildings. Numbers or letters shall be designated on all occupancies within a building. Size shall be a minimum of one-half inch (1/2”) stroke by four inches (4”) high and on a contrasting background. Directional address numbers or letters shall be provided. Said addresses or numbers shall be posted at a height no greater than 5 feet, 6 inches (5' 6") above the finished floor and shall be either internally or externally illuminated in all new construction. Rear addressing. When required by the fire code official, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from 62 23 the fire apparatus road at the back of a property or where rear parking lots or alleys provide and acceptable vehicular access. Number stroke and size shall comply with this section. ADU Addressing. Address for Residential Accessory Dwelling Units shall meet the City of Burlingame specifications. 18.08.030 Section 502.2 added – Utility identification. Section 502.2 of the 2025 California Building Code is added to read as follows: 502.2 Utility identification. In multi-unit commercial and residential buildings, gas and electric meters, service switches and shut off valves shall be clearly and legibly marked to identify the unitor space that they serve. 18.08.035 Section 903.1.2 added – Additions and alterations Section 903.1.2 of the 2025 California Building Code is added to read as follows: 903.1.2. Additions and alterations. The standard for calculating the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be: 1. The square footage of every room being added and/or altered shall be included in the calculation of total square footage of addition and/or alteration. 2. The entire square footage shall be considered added or altered when at least fifty percent (50%) or greater of interior wall sheeting or ceiling of any one wall within a room or area is new, removed, or replaced. 18.08.040 Section 903.1.3 added – Applicable to all sprinklered buildings Section 903.1.3 of the 2025 California Building Code is added to read as follows: 903.1.3. Applicable to all sprinklered buildings. 1. When a commercial or multi-family building is partially retrofitted with an approved automatic sprinkler fire extinguishing system pursuant to this section, the building owner shall complete the fire extinguishing system retrofit throughout the unprotected building interior areas within six (6) years of completing the initial partial retrofit or within every tenant space where a building permit is obtained, whichever is less. 2. When a residential building is partially retrofitted with an approved automatic sprinkler fire extinguishing system pursuant to this section, the building fire extinguishing system retrofit shall be completed throughout the unprotected building interior areas within two (2) years from completing the initial partial retrofit. 3. When a property owner or responsible party of a commercial or residential building chooses option 1 or 2 from above, the property owner shall file a deed restriction with San Mateo County Assessor’s Office and obtain a performance bond to ensure compliance with Section 17.04.091. The bond shall be in an amount equal to or greater than the estimated cost of completion, as determined by Central County Fire Department. 63 24 18.08.045 Section 903.2 amended –Where required. Section 903.2 of the 2025 California Building Code is deleted and replaced with the following: Section 903.2 Where required. Approved automatic fire sprinkler systems shall be installed in all new occupiable and/or habitable buildings and structures. In addition, approved automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1 through 903.2.23. Exceptions: 1. When approved by the fire chief, canopy structures used solely for vehicular parking which have a photovoltaic system attached are not required to be equipped with a fire sprinkler system as long as the structure meets distance requirements to other structures and property lines. 2. Group U occupancies less than 1,200 square feet. 18.08. 050 Section 903.2.10.3 added Lithium-ion batteries in vehicles. Section 903.2.10.3 of the 2025 California Building Code is added to read as follows: 903.2.10.3 Lithium-ion batteries in vehicles. Areas which contain electric vehicle charging stations shall have a fire sprinkler density design of a minimum Extra Hazard, Group 2 for the coverage of charging stations and for 15’ in any direction of charging stations. 18.08.055 Section 903.2.10.4 added – Additional commercial and multi-family dwelling sprinkler locations. Section 903.2.10.4 of the 2025 California Building Code is added to read as follows: Section 903.2.10.4 Additional commercial and multi-family dwelling sprinkler locations. Rooms or spaces which contain vehicle parking lifts or vehicle stacking systems shall be designed as an Extra-High Hazard Classification. Sprinkler design to include sidewall sprinkler heads designed at minimum Ordinary Group 2 in between each level. Exception: Buildings classified as single-family dwellings. 18.08.060 Section 903.2.22 added – Existing buildings and structures. Section 903.2.22 of the 2025 California Building Code is added to read as follows: 903.2.22 Existing buildings and structures. All existing buildings and structures shall be retroactively protected by an approved automatic extinguishing system when the following conditions exist: 1. Commercial and multi-family residential buildings with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will exceed 1,200 square feet in area. Exception: Group U occupancies less than 1,200 square feet. 2. Residential one- and two-family dwellings and structures with a total building floor area in 64 25 excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will exceed 750 square feet in area. Exceptions: a. Additions or alterations of commercial, multi-family residential, and one and two- family residential buildings that do not exceed 20% of the total square footage of the entire completed building. b. The following scopes of work are excluded from calculations to determine area of alteration: building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement. 18.08.065 Section 903.3.23 added – Aggregate Section 903.3.23 of the 2025 California Building Code is added to read as follows: 903.3.23. Aggregate. When more than one (1) addition and/or alteration for which building permits are required are submitted within a two (2) year period from the closure date of the initial permit, the sum of the square footage of these additions and/or alterations shall be aggregated for the purpose of determining calculations in Section 18.08.035. 18.08.070 Section 903.3.1.4 added – Inspector's test valves Section 903.3.1.4 of the 2025 California Building Code is added to read as follows: 903.3.1.4 Inspector’s test valves. Single-family residential fire sprinkler systems within buildings greater than 3,600 square feet shall be equipped with an inspector’s test valve for each system and located the furthest point away from the sprinkler riser. 18.08.075 Section 903.3.1.5 added – Additional residential sprinkler locations Section 903.3.1.5 of the 2025 California Building Code is added to read as follows: 903.3.1.5 Additional residential sprinkler locations. The installation of a residential fire sprinkler system shall conform to the following: 1. Sprinklers shall be required throughout carports and garages. Exception: Detached carports and garages less than 2,000 square feet in area and separated from residential buildings by a minimum of 10 feet. 2. Sprinkler coverage shall be provided in the following locations: a. Attic access openings b. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment. 65 26 18.08.080 Section 903.4.4 added – Fire sprinkler monitoring systems Section 903.4.4 of the California Building Code is added to read as follows: Section 903.4.4 Fire sprinkler monitoring systems. For new fire sprinkler monitoring systems, the approved supervisory station shall be defined as a UL approved central receiving station. 18.08.085 Section 905.4 amended – Location of Class I standpipe hose connections Section 905.4 Subsection 1 of the California Building Code is deleted and replaced with the following: 905.4 Location of Class I standpipe hose connections. 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at an intermediate floor level landing between floors, when such a landing exists. See section 909.20.2.3 of the California Building Code for additional provisions in smoke-proof enclosures. 18.08.090 Section 907.7 amended – Acceptance tests and certification Section 907.7 of the California Building Code is amended to read as follows: 907.7 Acceptance tests and certification. Upon completion of the installation, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72. New fire alarm systems installed in commercial and multi-family buildings shall be UL-Certified. Certificate shall be posted next to fire alarm control panel at time of final inspection. 18.08.095 Section 1502.3.1 added – Roof drainage requirements Section 1503.3.1 of the 2025 California Building Code is added to read as follows: 1502.4.1 Roof drainage requirements. In all zones other than R-1, the water from the roof of any building and from any paved area which would flow by gravity over public sidewalk shall be carried by means of conductors under the sidewalk and through the curb to the gutter, or other approved location. 18.08.100 Section 1502.3.2 added – Surface drainage requirements. Section 1502.3.2 of the 2025 California Building Code is added to read as follows: 1502.4.2 Surface drainage requirements. No storm water or underground water draining from any lot, building, or paved area shall be allowed to drain to adjacent properties nor shall this water be connected to the city's sanitary sewer system. Regardless of the slope of the source property, such water shall drain to either artificial or natural storm drainage facilities by gravity or pumping. 18.08.105 Section 1505.1 amended – General. Section 1505.1 of the 2025 California Building Code is amended to read as follows: 66 27 1505.1 General. Fire classification of roof assemblies shall be in accordance with Section 1505. The minimum fire classification of roof assemblies installed on buildings shall comply with Table 1505.1, as amended, based on type of construction of the building. Class A or B roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790. In addition, fire-retardant-treated woodroof coverings shall be tested in accordance with ASTM D2898; fire-retardant-treated shingles and shakes shall comply with section 1505.6. Roof assemblies shall be divided into the classes defined below. Class A or Class B roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with the Table 1505.1 as amended. 18.08.110 Table 1505.1 amended – Roof minimum fire retardant classes. Table No. 1505.1 of the 2025 California Building Code is amended to read as follows: Table 1505.1 MINIMUM ROOF ASSEMBLY CLASSIFICATION FOR TYPES OF CONSTRUCTION. TABLE NO. 1505.1a MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION Type IA IB IIA IIB IIIA IIIB IV VA VB Roof Covering B B B B B B B B B c. Unless otherwise required in accordance with the California Wildland-Urban Interface Code or due to the location of the building within a fire district in accordance with Appendix D. d. Nonclassified roof coverings shall be permitted on buildings of Group U occupancies, where there is a minimum fire-separation distance of 6 feet measured from the leading edge of the roof. e. Buildings that are not more than two stories above grade plane and having not more than 6,000 square feet of projected roof area and where there is a minimum 10-foot fire separation distance from the leading edge of the roof to a lot line on all sides of the building, except for street fronts or public ways, shall be permitted to have roofs of No. 1 cedar or redwood shakes and No. 1 shingles constructed in accordance with Section 1505.7. 18.08.115 Section 1505.1.2 amended – Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI). Section 1505.1.2 of the 2025 California Building Code is amended to read as follows: 1505.1.2 Roof coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI) The entire roof covering of every existing structure where more than 67 28 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B fire classification. 18.08.120 Adoption of 2025 California Building Code, Part 2, Volume 2. The rules, regulations and requirements published by the International Code Council under the title “2024 International Building Code Volume 2” and adopted as the “2025 California Building Code Volume 2", including appendices A, F, I, J, O, and Q are adopted as and for the rules, regulations and standards within this city and as to all matters therein contained except as provided in this chapter. The mandatory requirements of any adopted appendices to the code shall be enforceable to the same extent as if contained in the body of the code. 18.08.125 Section 1807.2.1 amended – General. Section 1807.2.1 of the 2025 California Building Code is amended to read as follows: 1807.2.1 General. Retaining walls shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. When a structure supports a lateral load which retains fill which supports another structure, supports the toe of a slope which is over four feet in height measured from the bottom of the footing, or is required by the city engineer, it shall be designed by a licensed architect or engineer and approved by the city engineer. The following types of retaining walls shall be of concrete or other material which shall have a minimum service life of 75 years for all major support systems and 50 years for all replaceable support systems: Walls that are engineered, support a lateral load over 18" at property line, support an engineered surcharge, support a structure, or support a toe of a slope. A fence structure may not be substituted for a retaining wall. 18.08.130 Section 3005.5 amended – Shunt Trip Section 3005.5 of the 2025 California Building Code is amended to read as follows: 3005.5 Shunt Trip Prohibited. Where elevator hoist ways and/or elevator machine rooms containing elevator control equipment are located within buildings equipped with automatic fire sprinklers, the following is required in lieu of a shunt trip: 1. The elevator machine room shall be constructed with the minimum fire rating as the hoist way. For non-rated hoistways, the minimum rating shall be one hour throughout in accordance with Section 707 of the California Building Code for fire barriers. 2. Fire sprinklers at the top of the hoist way and inside the elevator machine room shall not be installed. 3. Means for elevator shutdown shall not be installed. 18.08.135 Section 3202 amended – Encroachments Section 3202 of the 2025 California Building Code is deleted and replaced with the 68 29 following: 18.08.140 3202.1 amended – Encroachments below grade 3201.1 Encroachments below grade. Encroachments below grade that act as temporary support to build the structure shall be allowed per the City Fee Schedule under “Special Encroachment Permits” at the time of the building permit issuance. An agreement for the encroachments shall be in place prior to the commencement of the construction work. 18.08.145 Section 3202 amended – Encroachments above grade and below 8 feet in height. 3202.2 Encroachments above grade and below 8 feet in height. Encroachments into the public right-of-way above grade and below 8 feet in height shall comply with the City Municipal Code Chapter 22.26 Awning, Canopy and Marquee signs. Doors and windows shall not open or project into the public right-of-way. 18.08.150 Section 3202.3 amended - Encroachments 8 feet or more above grade. 3202.3 Encroachments 8 feet or more above grade. Encroachments into the public right-of-way 8 feet or more above grade shall comply with the City Municipal Code Chapter 22.26 Awning, Canopy and Marquee signs. All other encroachments such as, but not limited to, windows, balconies, architectural features and mechanical equipment shall not project into the public right-of- way. 69 30 SECTION SEVEN. REPEALING AND REPLACING CHAPTER 18.09 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Section 18.09.010 is amended to read as follows: Chapter 18.09 MECHANICAL CODE Section: 18.09.010 Adoption of 2025 California Mechanical Code. The rules, regulations and standards printed in one volume and published by the International Association of Plumbing and Mechanical Officials (IAPMO), under the title “2024 Uniform Mechanical Code" and adopted as the “2025 California Mechanical Code," including the appendices and State of California amendments thereto, hereinafter called "mechanical code," is adopted as and for the rules, regulations and standards within this city as to all matters therein contained, except as otherwise provided in this chapter. The appendices to the mechanical code shall be enforceable to the same extent as if contained in the body of the code. 70 31 SECTION EIGHT. REPEALING AND REPLACING CHAPTER 18.10 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.10 is added to read as follows: Chapter 18.10 RESIDENTIAL CODE Sections: 18.10.010 Adoption of 2025 California Residential Code. 18.10.015 Section R111.4 added – Utility identification. 18.10.020 Section R309.5 deleted – Fire sprinklers. 18.10.025 Section R313.1 amended – Townhouse automatic fire sprinkler systems. 18.10.030 Section R313.2 amended – One- and two-family dwellings automatic fire systems. 18.10.035 Section R313.3.1.1 amended – Required sprinkler locations. 18.10.040 Section R313.3.2.7 added – Additions and alterations. 18.10.045 Section R313.3.2.8 added – All sprinklered buildings. 18.10.050 Section R313.3.3.1 amended – Nonmetallic pipe and tubing. 18.10.055 Table R313.3.6.2 (9) deleted – Table R313.3.6.2 (9) Allowable Pipe Length for 1-inch PEX tubing 18.10.060 Section R313.3.6.2.2 amended – Calculation procedure. Step 8 – Determine the maximum allowable pipe length 18.10.065 Section R313.3.8.1 amended – Pre-concealment inspection. #4 18.10.070 Section R313.3.8.1 amended – Pre-concealment inspection. #5 18.10.075 Section R319.1 amended – Address numbers. 18.10.080 Section R902.1 amended – Roof covering materials. 18.10.085 Section R902.1.3 amended – Roof covering in all other areas. 18.10.090 Section R903.4.2 added – Roof and surface drainage. 18.10.095 Section R1003.9.2.1 added – Spark arrestors. 18.10.010 Adoption of 2025 California Residential Code. The rules, regulations and standards printed in one volume and published by the International Code Council under the title “2024 International Residential Code" and the “2025 California Residential Code", including appendices BB, BF, BG, BH, BJ, BO, CI, and CJ are adopted as and for the rules, regulations and standards within this city as to matters therein contained except as provided in this chapter. The mandatory requirements of any adopted appendices to the code shall be enforceable to the same extent as if contained in the body of the code. 18.10.015 Section R111.4 added – Utility identification. Section R111.4 of the 2025 California Residential Code is added to read as follows: 71 32 R111.4 Utility identification. In all residential buildings, gas and electric meters, service switches and shut off valves shall be clearly and legibly marked to identify the unit or space that they serve. 18.10.020 Section R317.5 Exception deleted – Fire sprinklers Exception. Section R317.5 Exception of the 2025 California Residential Code is deleted in its entirety. R317.5 Fire sprinklers. The exception for fire sprinklers in garages and carports is deleted in its entirety. 18.10.025 Section R309.1 amended – Townhouse automatic sprinkler systems. Section R309.1 of the 2025 California Residential Code is amended by replacing with the following: R309.1. Townhouse automatic sprinkler systems. An automatic sprinkler system shall be installed in townhouses. R309.1.1 Existing Townhouse automatic sprinkler systems. An automatic sprinkler system is required when additions and/or alterations to existing townhouse buildings with a total building floor area more than 2,000 square feet or more than two stories in height, and when additions and/or alterations for which a building permit is required exceeds 750 square feet in area or 20% of the total square footage of the entire completed building. Exception: Detached structures classified as an Accessory Dwelling Unit in accordance with Burlingame Municipal Code Chapter 25.59 when no work has occurred in the main house in a two-year period in excess of 750 square feet in area or 20% of the total square footage of the entire completed building as determined by Section R313.3.2.7. R309.1.2 Design and installation. Automatic sprinkler systems for townhouses shall be designed and installed in accordance with section R309 or NFPA 13D. 18.10.030 Section R309.2 amended – One- and two-family dwellings automatic fire systems. Section R309.2 Exception of the 2025 California Residential Code is amended by replacing with the following: R309.2. One- and two-family dwellings automatic s systems. An automatic residential fire sprinkler system shall be installed in one- and two- family dwellings. Exception: Detached structures located a minimum of 10 feet from the main house. R309.2.1 Existing One- and two-family dwellings automatic fire systems. 1. An automatic residential fire sprinkler system is required when additions and/or 72 33 alterations to existing one- and two-family dwellings with a total building floor area more than 2,000 square feet or more than two stories in height, and when additions and/or alterations for which a building permit is required exceeds 750 square feet in area or 20% of the total square footage of the entire completed building, whichever is greater. 2. Detached structures classified as an Accessory Dwelling Unit (ADU), shall be protected with an automatic fire sprinkler system throughout where the primary dwelling is provided with an automatic fire sprinkler system. If work occurs within either building within a two-year period, of completion of the ADU, and in excess of 750 square feet in area or 20% of the total square footage of the entire completed building, fire sprinklers shall be provided throughout both buildings. Exception: 1. Detached structures located a minimum of 10 feet from the main house. 2. Additions or alterations of one- or two- family residential building that do not exceed 20 % of the total square footage of the entire completed building. R309.2.2 Design and installation. Automatic sprinkler systems for townhouses shall be designed and installed in accordance with section R309 or NFPA 13D. 18.10.035 Section R313.3.1.2 amended – Required sprinkler locations. Section R313.3.1.2 of the 2025 California Residential Code is amended by replacing with the following: R309.3.1.2 Required sprinkler locations. 1. Sprinklers shall be installed to protect all areas of a dwelling unit. Exception: a. Detached carports and garages less than 2,000 square feet in area and separated from residential buildings complying with Section R302.1. 2. Sprinkler coverage shall be provided in the following locations: a. Attic access openings b. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment. 3. Inspector Test Valves shall be provided for each system and located the furthest point away from the sprinkler riser for buildings greater than 3,600 square feet. 18.10.040 Section R309.3.2.7 added – Additions and alterations. Section R313.3.2.7 of the 2025 California Residential Code is added to read as follows: R313.3.2.7 Additions and Alterations. 73 34 1. The standard for determining the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be determined by the following: a. The square footage of every room being added and/or altered shall be included in the calculation of total square footage of addition and/or alteration. b. The entire square footage shall be considered added or altered when at least fifty percent (50%) or greater of interior wall sheeting or ceiling of any one wall within a room or area is new, removed, or replaced. 2. The size of additions and alterations used in calculating shall not be cumulative with regard to individual additions or alterations in a building unless the following circumstance applies: Where more than one (1) addition or alteration for which building permits are required are made within a two (2) year period from the final date of the initial permit, the sum of the size of these additions or alterations during this two (2) year period shall be aggregated for the purpose of determining calculations in Section 18.10.025 or Section 18.10.030. 3. The following scopes of work are excluded from calculations to determine the area of alteration: building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement. 18.10.045 Section R309.3.2.8 added – All sprinklered buildings. Section R309.3.2.8 of the 2025 California Residential Code is added to read as follows: R309.3.2.8 All sprinklered buildings. 1. When a building is partially retrofitted with an approved automatic sprinkler fire extinguishing system pursuant to this section, the building fire extinguishing system retrofit shall be completed throughout the unprotected building interior areas within two (2) years from completing the initial partial retrofit. 2. When a property owner or responsible party of a residential building chooses option 1 above, the property owner shall file a deed restriction with San Mateo County Assessor’s Office and obtain a performance bond with Central County Fire Department to ensure completion of the fire sprinkler installation. The bond shall be equal to or greater than the estimated cost of completion, as determined by Central County Fire Department. 18.10.050 Section R313.3.3.1 amended – Nonmetallic pipe and tubing. Section R313.3.3.1 of the 2025 California Residential Code is amended to read as follows: R309.3.3.1 Nonmetallic pipe and tubing. Nonmetallic piping and tubing, such as CPVC, shall be listed for use in residential fire 74 35 sprinkler systems. 18.10.055 Table R309.3.6.2 (9) deleted – Table R309.3.6.2 (9) Allowable Pipe Length for 1- inch PEX tubing Table R309.3.6.2 (9) of the 2025 California Residential Code is deleted in its entirety. Table R309.3.6.2 (9) Allowable Pipe Length for 1-inch PEX tubing is deleted. 18.10.060 Section R309.3.6.2.2 amended – Calculation procedure. Step 8 – Determine the maximum allowable pipe length Section R309.3.6.2.2 – Calculation procedure. Step 8 of the 2025 California Residential Code is amended to read as follows: R309.3.6.2.2 – Calculation procedure. Step 8 – Determine the maximum allowable pipe length Use Tables R309.3.6.2 (4) through R309.3.6.2 (8) to select a material and size for water distribution piping. The piping material and size shall be acceptable if the developed length of pipe between the service valve and the most remote sprinkler does not exceed the maximum allowable length specified by the applicable table. Interpolation of Pt between the tabular values shall be permitted. The maximum allowable length of piping in Tables R313.3.6.2(4) through R313.3.6.2(8) incorporates an adjustment for pipe fittings, and no additional consideration of friction losses associated with pipe fittings shall be required. 18.10.065 Section R309.3.8.1 amended – Pre-concealment inspection. #4 Section R309.3.8.1 – Pre-concealment inspection. #4 of the 2025 California Residential Code is amended to read as follows: R309.3.8.1 #4. The pipe size equals or exceeds the size used in applying Tables R309.3.6.2(4) through R309.3.6.2(8) or, if the piping system was hydraulically calculated in accordance with Section R309.3.6.1, the size used in the hydraulic calculation. 18.10.070 Section R309.3.8.1 amended – Pre-concealment inspection. #5 Section R309.3.8.1 – Pre-concealment inspection. #5 of the 2025 California Residential Code is amended by replacing with the following: R309.3.8.1 #5 The pipe length does not exceed the length permitted by Tables R313.3.6.2 (4) through R313.3.6.2 (8) or, if the piping system was hydraulically calculated in accordance with Section R313.3.6.1, pipe lengths and fittings do not exceed those used in the hydraulic calculation 18.10.075 Section R308.1 amended – Address identification. Section R319.1 of the 2025 California Residential Code is amended to read as follows: 75 36 R308.1 Address identification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the str4eet or road fronting the property. Address identification characters shall be illuminated and shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. Size of numbers shall be as follows: 1. Each character shall be not less than four inches (4”) in height with a stroke width of not less than one-half inch (1/2”). 2. When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a minimum of one-half inch (½") stroke by six inches (6”) high is required. 3. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one inch (1") strike by nine inches (9”) high is required. Rear addressing. When required by the chief, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number stroke and size shall comply with R308.1. ADU Addressing. Address for Residential Accessory Dwelling Units shall meet City of Burlingame specifications. 18.10.080 Section R902.1 amended – Roof covering materials. Section R902.1 of the 2025 California Residential Code is amended to read as follows: R902.1 Roof covering materials. Roof decks shall be covered with materials as set forth in Section R904 or with roof coverings as set forth in Section R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Class C roofs shall not be allowed in the City of Burlingame. Classes A and B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E108. 18.10.085 Section R902.1.2 amended – Roof covering in all other areas. Section R902.1.2 of the 2025 California Residential Code is amended to read as follows: R902.1.2 Roof covering in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire- retardant roof covering that is at least Class B fire classification. 18.10.090 Section R903.4.2 added – Roof and surface drainage. 76 37 Section R903.4.2 of the 2025 California Residential Code is added to read as follows: R903.4.2 Roof and surface drainage. 1. In all zones other than R-1, the water from the roof of any building and from any paved area which would flow by gravity over public sidewalk shall be carried by means of conductors under the sidewalk and through the curb to the gutter, or other approved location. 2. No storm water or underground water draining from any lot, building, or paved area shall be allowed to drain to adjacent properties nor shall this water be connected to the city's sanitary sewer system. Regardless of the slope of the source property, such water shall drain to either artificial or natural storm drainage facilities by gravity or pumping. 18.10.095 Section R1003.9.2.1 added – Spark arrestors. Section R1003.9.2.1 of the 2025 California Residential Code is added to read as follows: R1003.9.2.1 Spark arrestors. Every chimney shall have a spark arrestor, either internally or externally mounted. Any spark arrestor to be mounted internally shall not be installed until installation plans for such arrestor have been submitted to and approved by the building division. All chimneys as described in section 605.2.1 of the 2025 California Fire Code shall be retroactively protected when one or more of the following conditions exist: 1. Upon the sale or transfer of the real property on which any chimney is located the transfer of title shall not be made until each such chimney contains the required spark arrestor, properly installed and in proper working order. 2. In the event of any construction on such property for which a building permit is required the final building permit signoff shall not be made until each such chimney a spark arrestor has been installed and is in proper working order. 77 38 SECTION NINE. REPEALING AND REPLACING CHAPTER 18.11 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.11 is amended to read as follows: Chapter 18.11 DANGEROUS BUILDINGS CODE 18.11.010 Adoption of Uniform Code for the Abatement of Dangerous Buildings. The rules, regulations and standards printed in one volume and published by the International Conference of Building Officials under the title "1997 Uniform Code for the Abatement of Dangerous Buildings," hereinafter called "dangerous buildings code," is adopted as and for the rules, regulations and standards within this city as to all matters therein contained, except as otherwise provided in this chapter. 78 39 SECTION TEN. REPEALING AND REPLACING CHAPTER 18.12 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.12 is amended to read as follows: Chapter 18.12 PLUMBING CODE Sections: 18.12.010 Adoption of 2025 California Plumbing Code. 18.12.020 Section 310.13 added – Exterior pipes. 18.12.030 Section 507.5 amended – Water heater safety pans. 18.12.040 Section 606.3.1 added – Water supply shutoff valves. 18.12.050 Section 610.8.1 added – Water service over two inches. 18.12.060 Section 710.1 amended – Drainage of fixtures below the next upstream manhole or below the main sewer level. 18.12.070 Section 719.7 added – Building sewer cleanout. 18.12.080 Section 807.2 amended – Condensate waste water disposal. 18.12.090 Section 812.2 added – Disposal of rainwater drainage. 18.12.100 Section 812.3 added – Rainwater drainage to paved gutter. 18.12.110 Section 812.4 added – Rainwater drainage across public sidewalk prohibited. 18.12.120 Section 812.5 added – Elimination of nonconforming rainwater drainage required. 18.12.010 Adoption of 2025 California Plumbing Code. The rules, regulations and standards printed in one volume and published by the International Association of Plumbing and Mechanical Officials (IAPMO), under the title ‘2024 Uniform Plumbing Code" and adopted as the “2025 California Plumbing Code" including the appendices A, D, H, I and State of California amendments thereto, hereinafter called "plumbing code," is adopted as and for the rules, regulations and standards within this city as to all matters therein contained, except as otherwise provided in this chapter. The appendices specified herein shall be enforceable to the same extent as if contained in the body of the plumbing code. 18.12.020 Section 310.13 added – Exterior pipes. Section 310.16 of the 2025 California Plumbing Code is added to read as follows: 310.16 Exterior pipes. No plumbing drain vent pipe nor water, soil, waste, or gas pipe shall be installed on, or attached to, the outside face of an exterior wall of a residential building without the prior written permission of the building official. Such installation shall be enclosed in such a way as to be obscured from view. 79 40 18.12.030 Section 507.5 amended – Water heater safety pans. Section 507.5 of the 2025 California Plumbing Code is amended to read as follows: 507.5 Water heater safety pans. Each water heater located in an attic, furred space, living area or other location where leakage would result in damage to the building or its contents shall have a safety pan with drain. Safety pans shall be metal and be nominal two inches in diameter larger than the water heater, with a minimum depth of two inches. The drain pipe shall be three-quarter inch trade size minimum; shall terminate outside the building foundation or, where this is not practical or possible, at another location approved by the building inspector; and shall have a continuous minimum slope throughout its length of one-quarter inch, per foot away from the water heater. 18.12.040 Section 606.3.1 added – Water supply shutoff valves. Section 606.3.1 of the 2025 California Plumbing Code is added to read as follows: 606.3.1 Water supply shutoff valves. A gate shutoff valve shall be installed on each water supply pipe at an accessible point where such supply enters a building. In multi-unit residential buildings, a gate shutoff valve shall be installed on each water supply pipe at an accessible point where such supply enters each apartment or dwelling unit; or, where an apartment or dwelling unit is supplied by a vertical riser, a separate accessible shutoff valve may be provided at each plumbing fixture in the unit in lieu of the shutoff valve on the main supply to the unit. 18.12.050 Section 610.8.1 added – Water service over two inches. Section 610.8.1 of the 2025 California Plumbing Code is added to read as follows: 610.8.1 Water services over two inches. Design details, methods and materials for construction of water services over 2 inches in diameter shall conform with the specifications for the construction of such work as compiled by the city engineer. These specifications may be changed from time to time at the option of the city engineer, but such changes shall in no way affect the validity of the regulations or requirements contained therein or the regulations and requirements of this code. 18.12.060 Section 710.1 amended – Backflow Protection Section 710.1 of the 2025 California Plumbing Code is amended to read as follows: 710.1 Backflow Protection 1. Drainage piping serving fixture(s) which have flood level rim(s) less than twelve inches (12″) above the elevation of the next upstream manhole and/or flushing inlet cover at the public sewer system serving such drainage piping shall be protected from backflow of sewage as follows: a. In new buildings and in buildings modified to the extent described in Burlingame Municipal Code section 18.07.020, these fixtures shall discharge by means of a sewage ejector or pump in accordance with Section 710.3. 80 41 b. In existing buildings, protection from backflow shall be by means of a backwater valve approved by the building official supplemented by an approved sewer relief valve installed with its outlet at least six inches (6″) below the flood level rim of the lowest installed drainage unit fixture. Fixtures above that elevation shall not discharge through the backwater valve without prior written approval of the building official. As an alternative, the system may be protected by installation of an approved sewage ejector or pump. c. Cleanouts for drains that pass through a backwater valve shall be clearly identified with a permanent label stating “Backwater Valve Downstream”. 18.12.070 Section 719.7 added – Building sewer cleanout. Section 719.7 of the 2025 California Plumbing Code is amended by adding a second paragraph to read as follows: 719.7 Building sewer cleanout. When a building sewer is located under a street, alley or easement, there shall be provided a cleanout, installed flush with the sidewalk level next to curb; or, if no curb or sidewalk exist, then the cleanout must be located outside of the lot line. The cleanout riser shall be of materials specified by the city engineer, shall be the same size as the drain it serves, shall be connected to the building drain by a wye, shall be brought up to the level of the ground, and shall be terminated at the top with a cleanout fitting as specified by the city engineer. If the riser terminates at concrete sidewalk a cast iron sidewalk box with loose cover fitting with brass screws shall be installed. The minimum size for a cleanout riser shall be four inch trade size pipe. 18.12.080 Section 807.4 Added – Condensate waste water disposal. Section 807.4 of the 2025 California Plumbing Code is added to read as follows: 807.4 Condensate wastewater disposal. Condensate from air cooling coils and comfort cooling equipment not intended to be used for the storage or handling of food or drink shall be collected and discharged to a storm sewer or other point of disposal approved by the building official. Termination of such drains shall be made by an air break. Condensate drain lines in sizes of one and one-quarter inch and larger shall be assembled using approved drainage pipe and fittings. Condensate waste water shall not drain over or upon a sidewalk, pedestrian ramp or the like, or a public way. 18.12.090 Section 812.2 added – Disposal of rainwater drainage. Section 812.2 of the 2025 California Plumbing Code is added to read as follows: 812.2 Disposal of rainwater drainage. Rainwater from roof or other approved areas exposed to rainwater may be drained into the storm drainage system, but shall not drain into any sewer intended for sanitary sewage. 18.12.100 Section 812.3 added – Rainwater drainage to paved gutter. Section 812.3 of the 2025 California Plumbing Code is added to read as follows: 81 42 812.3 Rainwater drainage to paved gutter. Rainwater from roofs and other approved areas exposed to rainwater may drain into a public street gutter, provided that such gutter is paved and runs to a catch basin connected to a public storm drain, and provided further that such drainage has the approval of the city engineer or other public authority having jurisdiction over public streets or public storm drains. 18.12.110 Section 812.4 added – Rainwater drainage across public sidewalk prohibited. Section 812.4 of the 2025 California Plumbing Code is added to read as follows: 812.4 Rainwater drainage across public sidewalk prohibited. No rainwater from roofs, or other rainwater drainage of premises, shall discharge upon a public sidewalk. When it is desired to conduct rainwater from a building or premises to a public street gutter, the outside underground drainage piping shall be vitrified clay pipe, ABS, PVC, galvanized wrought iron pipe, galvanized steel pipe, approved concrete pipe, asbestos cement sewer pipe, cast iron pipe or other materials approved by the building official. When clay pipe, ABS, PVC, asbestos cement sewer pipe or approved concrete pipe is used, such pipe shall be a minimum of two feet horizontally from the building and one foot below the official grade. Water leaders connected to such background drainage pipe which are on the outside of the building wall that abuts on a public thoroughfare, shall be constructed of galvanized wrought iron pipe, galvanized steel pipe, or cast iron pipe for a distance of not less than five feet vertically above the Official grade. See Section 18.08.090 for exception for such drainage in R-1 districts. 18.12.120 Section 812.5 added – Elimination of nonconforming rainwater drainage required. Section 812.5 of the 2025 California Plumbing Code is added to read as follows: 812.5 Elimination of nonconforming rainwater drainage required. Every existing system that allows the drainage of rainwater into a sanitary sewer in violation of the provisions of this chapter shall be altered or terminated or replaced so as to conform to the provisions of this chapter. 82 43 SECTION ELEVEN. REPEALING AND REPLACING CHAPTER 18.13 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.13 is amended to read as follows: Chapter 18.13 Existing Building Code Sections: 18.13.010 Adoption of 2025 California Existing Building Code. 18.13.020 501.6 added – Suspended ceiling upgrade required. Section 18.13.010 is added to read as follows: 18.13.010 Adoption of 2025 California Existing Building Code. The rules, regulations and requirements published by the International Code Council (ICC) under the title “2024 International Existing Building Code” and adopted as the “2025 California Existing Building Code” including Appendix Chapter A and State of California amendments thereto, are adopted as and for the rules, regulations and standards within this city as to all matters therein contained. 18.13.020 Section 501.6 added – Suspended ceiling upgrade required. Section 501.6 of the 2025 California Existing Building Code is added to read as follows: 501.6 Suspended ceiling upgrade required. When an addition, alteration or repair is performed on an occupancy in which there is an existing suspended ceiling, such suspended ceilings shall be modified throughout to comply with the provisions of ASTM C 635 and ASTM C 636. 83 44 SECTION TWELVE. REPEALING AND REPLACING CHAPTER 18.16 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.16 is amended to read as follows: Chapter 18.16 ELECTRICAL CODE Sections: 18.16.010 Adoption of 2025 California Electrical Code. 18.16.020 Section 230.70 (A) (1) amended – Main switch accessible from exterior. 18.16.030 Section 410.10(G) added – Exterior lighting restricted. Section 18.16.010 is added to read as follows: 18.16.010 Adoption of 2025 California Electrical Code. The rules, regulations and standards printed in one volume and published by the National Fire Protection Association (NFPA), under the title 2023 National Electrical Code" with amendments as contained in the “2025 California Electrical Code”, including the appendices, are adopted as and for the rules, regulations and standards within this city as to matters therein contained except as provided in this chapter. The mandatory requirements of the appendices to the code shall be enforceable to the same extent as if contained in the body of the code. 18.16.020 Section 230.70 (A) (1) amended – Main switch accessible from exterior. Section 230.70 (A) (1) of the 2025 California Electrical Code is amended to read as follows: 230.70 (A) (1) Main switch accessible from exterior. The service disconnecting means location shall be accessible from the exterior of a building. If, due to structural or architectural conditions, it is not possible to make the service disconnecting means accessible from the building exterior a shunt trip disconnecting all active electrical conductors shall be installed at an accessible exterior location. 18.16.030 Section 410.10(G) added – Exterior lighting restricted. Section 410.10(G) of the 2025 California Electrical Code is added to read as follows: 410.10(G) Exterior lighting restricted. 1. Exterior lighting on all residential and commercial properties shall be designed and located so that the cone of light and/or glare from the lighting element is kept entirely on the property or below the top of any fence, edge or wall. 2. On all residential properties exterior lighting outlets and fixtures shall not be located more than nine (9) feet above adjacent grade or required landing; walls or portions of walls shall not be floodlit; only shielded light fixtures which focus light 3. downward shall be allowed, except for illuminated street numbers required by the fire 84 45 department. 4. Variances to the provisions of this section may be approved by the planning commission, pursuant to the provisions of Chapter 25.16 of this code, except that notice of the application for the variance shall only be given to property owners within fifty feet. 5. This section shall not apply to signs having an approved permit for an illuminated sign pursuant to Title 22 of this code. 85 46 SECTION THIRTEEN. REPEALING AND REPLACING CHAPTER 18.22 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.22 is amended to read as follows: 18.22.010 Findings of fact. (a) The flood hazard areas of the city of Burlingame are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.020 Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (a) Protect human life and health; (b) Minimize expenditure of public money for costly flood control projects; (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) Minimize prolonged business interruptions; (e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (f) Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (g) Ensure that potential buyers are notified that property is in an area of special flood hazard; and (h) Ensure that those who occupy the area of special flood hazard assume responsibility for their actions. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.030 Methods of reducing flood losses. In order to accomplish its purpose, this chapter includes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be 86 47 protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; (d) Controlling filling, grading, dredging and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.100 Definitions. The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Where terms are not defined in these regulations and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in these regulations or the building code, such terms shall have ordinarily accepted meanings such as the context implies. “A zone.” See “Special flood hazard area.” “Appeal” means a request for a review of the floodplain administrator’s interpretation of any provision of this chapter or a request for a variance. “Area of shallow flooding” means a designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. “Area of special flood hazard.” See “Special flood hazard area.” “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also called the “one-hundred-year flood”). “Base flood elevation (BFE)” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) on the Flood Insurance Rate Map (FIRM) for zones AE, AH, and VE that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides. “Breakaway walls” are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any building to which they might be carried by floodwaters. A breakaway wall shall have a 87 48 safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. “Coastal high hazard area” is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zones V1 through V30. “Conditional letter of map revision (CLOMR)” means a formal review and comment as to whether a proposed flood project or other project complies with the minimum NFIP Requirements for such projects with respect to delineation of or special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. “Development” means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. “Design Flood” means the flood associated with the greater of the following two areas: (1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year. (2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated. “Design Flood Elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. Also referred to as Flood Protection Elevation. “Dry Flood Proofing” means the protection of non-residential structures, water supplies, and sewage systems. Dry flood proofing includes measures that make a structure watertight below the level that needs flood protection to prevent floodwaters from entering. “Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of floodwaters; (2) The unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this 88 49 definition. “Flood boundary and floodway map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. “Flood insurance rate map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city. “Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood. “Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source (see “flood”). “Floodplain administrator” is the community official designated by title to administer and enforce the floodplain management regulations. “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. “Floodproofing” means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as “regulatory floodway.” “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. “Freeboard” means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. 89 50 “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. “Letter of Map Amendment” (LOMA) means an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. “Letter of Map Change” (LOMC) means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: (1) Letter of Map Amendment (LOMA), (2) Letter of Map Revision (LOMR), (3) Letter of Map Revision Based on Fill (LOMR-F), (4) Conditional Letter of Map Revision (CLOMR). “Letter of Map Revision” (LOMR) means a revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. “Let of Map Revision Based on Fill” (LOMR-F) means a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations. “Light-duty truck” as it pertains in this chapter only, and as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Ratings or less which has a vehicular curb weight of 6,000 pounds or less which has a basic vehicle frontal area of forty-five (45) square feet or less, which is: (1) Designed primary for purposes of transportation of property or is a derivation of such a vehicle, or (2) Designed primary for transportation of persons and has a capacity of more than twelve (12) persons; or (3) Available with special features enabling off-street or off-highway operation and use. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent. “Market Value” means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may 90 51 be established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) a qualified independent appraiser. “Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on flood insurance rate map are referenced. “New construction” means, for floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by the city. “One-hundred-year flood” means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the “base flood,” which will be the term used throughout this chapter. “Person” means an individual or his or her agent, firm, partnership, association or corporation or agent of the aforementioned groups, or this state or its agencies or political subdivisions. “Recreational Vehicle” means a motor vehicle or trailer for recreational dwelling purposes; a motor home or other vehicle with a motor home body style which has its own motor power or is towed by another vehicle. “Remedy a violation” means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impact may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. “Riverine” means relating to, performed by or resembling a river (including tributaries), stream, brook, etc. “Sand dunes” means naturally occurring accumulations of sand in ridges or mounds landward of the beach. “Sea level rise” means an increase in the level of the world’s oceans due to the effects of global warming. “Sheet flow area.” See “Area of shallow flooding.” “Special flood hazard area (SFHA)” means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as zones A, AH, A1 through A30 and V1 through V30. “Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within twelve (12) months of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land 91 52 preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. “Structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. “Substantial Damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to it’s before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. “Substantial improvement” means any repair, reconstruction or improvement of a structure the cost of which equals or exceeds fifty percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (3) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (4) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. “Violation” means the failure of structure or other development to be fully compliant with the city’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. “Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 1211 § 1, (1981); Ord. 1326 § 1, (1986); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.310 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Burlingame. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 92 53 18.22.320 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in “The Flood Insurance Study for the City of Burlingame,” dated March 16, 1981 and April 5, 2019, with an accompanying flood insurance rate maps (FIRMs), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The Flood Insurance Study is on file at the Public Works Engineering Department, City Hall, 501 Primrose Road, Burlingame, California. (Ord. 1211 § 1, (1981); Ord. 1326 § 2, (1986); Ord. 1916 § 2, (2015)) 18.22.330 Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015); Ord 2000 (2021)) 18.22.340 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinance, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.350 Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.360 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Burlingame, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.410 Establishment of development permit. For the purposes of this chapter, “development permit” shall mean a development permit shall be 93 54 obtained before construction or development begins within any area of special flood hazard established in Section 18.22.320. Application for a development permit shall be made on forms furnished by the building official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required. (a) Proposed elevation in relation to mean sea level of the lowest habitable floor (including basement) of all structures; (b) Proposed elevation in relation to mean sea level to which any structure will be flood proofed; (c) All appropriate certifications listed in Section 18.22.433; and (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.420 Designation of the floodplain administrator. The city engineer is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1211 § 1, (1981); Ord.1916 § 2, (2015)) 18.22.430 Duties and responsibilities of floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to, those set forth in Sections 18.22.431 through 18.22.435. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.431 Permit review. The floodplain administrator shall review all development permits to determine that: (a) The permit requirements of this chapter have been satisfied; (b) All other required state and federal permits have been obtained; (c) The site is reasonably safe from flooding; (d) The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this chapter, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. (e) All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) (f) Require applicant to submit hydrologic and hydraulic engineering analyses to support permit 94 55 applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevation, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available. 18.22.432 Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 18.22.320, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer this chapter. Note: A base flood elevation may be obtained using one of two (2) methods from the FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.433 Information to be obtained and maintained The floodplain administrator shall obtain and maintain for public inspection and make available as needed for flood insurance policies: (a) The certification required in Section 18.22.513(a) (floor elevations); (b) The certification required in Section 18.22.513(b) (elevations in areas of shallow flooding); (c) The certification required in Section 18.22.513(c) (elevation or floodproofing of nonresidential structures); (d) The certification required in Section 18.22.513(d)(1) or (2) (wet floodproofing standard); (e) The certified elevation required in Section 18.22.540(b) (subdivision standards); (f) The certification required in Section 18.22.560(1) (floodway encroachments); (g) The information required in Section 18.22.570 (coastal construction standards). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.434 Alteration of watercourses. The floodplain administrator shall: (a) Notify adjacent communities and the department of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; (b) Require that the flood-carrying capacity of the altered or relocated portion of the watercourse is maintained. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.435 Interpretation of FIRM boundaries. The floodplain administrator shall make interpretations where needed, as to the exact location of 95 56 the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 18.22.610 et seq. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.510 Standards. The following standards are required in all areas of special flood hazards. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) and public access, flood and sea level rise performance guidelines under Ord. 2000 (2021) 18.22.511 Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads, including the effect of buoyancy. (b) All manufactured homes shall meet the anchoring standards of Section 18.22.550(a). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.512 Construction materials and methods. (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize damage. (c) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding under the current California building codes and FEMA requirements. (d) Require within zone AH adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 1211 § 1, (1981); Ord. 1351 § 1,(1987); Ord. 1916 § 2, (2015)) 18.22.513 Elevation and floodproofing. (a) New construction and substantial improvement of any residential structure in zone A, AE, AH shall have the lowest habitable floor, including basement, elevated above the based flood elevation plus 1 foot Nonresidential structures may meet the standards in subsection (c) of this section. Upon completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator prior to building permit final and be dated within 180 days of submittal. (c) Nonresidential construction shall provide a freeboard of 1 foot above the base flood elevation within the structure footprint of the first floor and/or comply with the standards adopted in Section 25.12.050 for properties in the commercial and industrial zoning districts related to sea level 96 57 rise (SLR), whichever is stricter in conformance with subsection (b) of this section, or together with attendant utility and sanitary facilities: (1) Be flood proofed so that below the base flood level, no greater than 3 feet, is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such floodproofing certifications shall be provided to the floodplain administrator prior to building permit final and be dated within 180 days of submittal. (d) In all new construction and substantial improvements fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) Either a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. (e) Manufactured homes shall also meet the standards in Section 18.22.550. (Ord. 1211 § 1, (1981); Ord. 1326 § 3, (1986); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.520 Standards for storage of materials and equipment. (a) The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited. (b) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) (c) Trash and refuse storage areas must comply with section 18.22.513b. 18.22.530 Standards for utilities. (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters; (b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 97 58 18.22.540 Standards for subdivisions. (a) All preliminary subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals shall identify the flood hazard area and the base flood elevation data. (b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator. (c) All subdivision proposals shall be consistent with the need to minimize flood damage. (d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.550 Standards for manufactured homes. All new and replacement manufactured homes and additions to manufactured homes shall: (a) Be elevated so that the lowest floor is at or above the base flood elevation; and (b) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.555 Standards for recreational vehicles. Recreational vehicles on private property that are located in flood hazard areas, shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use. Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches. 18.22.560 Floodways. Located within areas of special flood hazard established in Section 18.22.320 are areas designed as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: (a) Require until a regulatory floodway is designated, that no new construction, substantial improvements, encroachments or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; (b) If subsection (a) of this section is satisfied, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction provisions of Sections 98 59 18.22.510 through 18.22.570. (Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.570 Coastal high hazard area. Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established in Section 18.22.320. These areas have special flood hazards associated with high velocity waters from coastal and tidal inundation or tsunamis; therefore the following provisions shall apply. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)); Ord. 2000 (2021) 18.22.571 Location of structures. (a) All buildings or structures shall be located landward of reach of the mean high tide. (b) The placement of manufactured homes shall be prohibited. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.572 Construction methods. (a) Elevation. All buildings or structures shall be elevated so that the lowest supporting member (excluding piles and columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in subsection (c) of this section. (b) Structural Support. (1) All buildings or structures shall be securely anchored on pilings or columns. (2) Pilings or columns used as structural support shall be designed and anchored so as to withstand all impact forces and buoyancy factors of the base flood. (3) Fill used for structural support will be allowed only with permit from the floodplain administrator. Note: The use of fill for structural support of buildings within Zones V1-30, VE, and V on the community’s FIRM is prohibited. (4) Prohibit man-made alternation of sand dunes and mangrove stands within Zone V1-30, VE, and V on the community’s FIRM which would increase potential flood damage. (c) Space Below the Lowest Floor. (1) Any alteration, repair, reconstruction or improvement to a structure started after the enactment of the ordinance codified in this chapter shall not enclose the space below the lowest floor unless breakaway walls are used as provided in this section. (2) Breakaway walls may be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed so as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are to be used. (3) If breakaway walls are utilized, such enclosed space shall not be used for human habitation. (4) Prior to construction, plans for any structure that will have breakaway walls must be 99 60 submitted to the floodplain administrator for approval. (d) The floodplain administrator shall obtain and maintain the following records: (1) Certification by a registered engineer or architect that a proposed structure complies with subsections (a) and (b) of this section; (2) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (Ord. 1211 § 1, (1981); Ord. 1326 § 4, (1986); Ord. 1351 § 1, (1987); Ord. 1916 § 2, (2015)) 18.22.610 Appeals board. The planning commission shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.611 Appeal procedure. (a) The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter. Any person may appeal such decision to the city council as provided in Sections 25.16.070 and 25.16.080. (b) In passing upon such appeals, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and 100 61 (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.612 Variances. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided subdivisions (1) through (11) in Section 18.22.611(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.613 Variance conditions. Upon consideration of the factors of Section 18.22.611 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.614 Variance records. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.620 Conditions for variances. (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structure listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances shall be issued only upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance shall not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or notices. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 18.22.621 Notice. 101 62 Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 1211 § 1, (1981); Ord. 1916 § 2, (2015)) 102 63 SECTION FOURTEEN. REPEALING AND REPLACING CHAPTER 18.30 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.30 is amended to read as follows: Chapter 18.30 GREEN BUILDING STANDARDS CODE 18.30.010 Adoption of 2025 California Green Building Standards Code. The rules, regulations and standards printed in one volume and published by the State of California, under the title “2025 California Green Building Standards Code" are adopted as and for the rules, regulations and standards within this city as to all matters therein contained. 103 64 SECTION FIFTEEN. REPEALING AND REPLACING CHAPTER 18.31 OF TITLE 18 OF THE BURLINGAME MUNICIPAL CODE Chapter 18.31 is amended to read as follows: Chapter 18.31 ENERGY CODE 18.31.010 Adoption of 2025 California Energy Code. The rules, regulations and standards printed in one volume and published by the State of California, under the title “2025 California Energy Code" are adopted as and for the rules, regulations and standards within this city as to all matters therein contained. 104 65 SECTION SIXTEEN. CEQA DETERMINATION The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15061(b)(3) that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. This action is further exempt from the definition of Project in Section 15378(b)(2) in that it concerns general policy and procedure making. SECTION SEVENTEEN. EFFECTIVE DATE This Ordinance shall go into effect January 1, 2026. An application for a building permit received after December 31, 2025 must comply with this Ordinance unless specific land use provisions for the project were approved by the City of Burlingame prior to 5:00 p.m. on December 31, 2025. If the Planning Commission approves the project prior to the effective date of this ordinance, then the building permit application for that project may use the provisions found in the 2022 California Building Codes including all amendments as adopted in Ordinance 1856-2010, 1889-2013, 1933- 2016, 1969-2019, and 2010-2022 as applicable. SECTION EIGHTEEN. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION NINETEEN. PUBLIC NOTICE This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect on January 1, 2026, or when the ordinance is filed with the Building Standards Commission, whichever occurs later. SECTION TWENTY. CODIFICATION Sections Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, Thirteen, Fourteen, and Fifteen of this Ordinance shall be codified in the Burlingame Municipal Code. Sections One, Two, Sixteen, Seventeen, Eighteen, Nineteen, and Twenty shall not be so codified. I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 20th of October, 2025, and adopted thereafter at a regular meeting of the City Council held on the 3rd day of November 2025, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: 105 66 Meaghan Hassel-Shearer, City Clerk 106 -1- ORDINANCE NO.________ AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 17 OF THE BURLINGAME MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2025 CALIFORNIA FIRE CODE (TITLE 24, PART 9, CFC) AND THE 2024 EDITION OF THE INTERNATIONAL FIRE CODE, AND AMENDMENTS AND MODIFICATIONS THERETO; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES 15378, 15061(b)(3) WHEREAS, the City of Burlingame’s Fire Regulations are codified in Title 17 of the Burlingame Municipal Code and were last updated in 2022; and WHEREAS, it is the desire and intent of the City Council of the City of Burlingame to provide the public with the greatest degree of fire, life, health, and structural safety in buildings in the most effective manner by adopting the most current body of regulations; and WHEREAS, On December 17, 2024 the Building Standards Commission voted to adopt the most up-to-date edition of the 2025 California Building Standards Code as amended by those various state agencies; and WHEREAS, on July 1, 2025 the California Building Standards Code was published; and WHEREAS, all local jurisdictions are required by State law to adopt and to enforce the most recent codes reviewed and approved by the California Building Standards Commission; and WHEREAS, the 2025 California Building Standards Code will become effective on January 1, 2026; and WHEREAS, on October 20, 2025, the City Council of the City of Burlingame held duly noticed public meetings to consider the 2025 California Building Standards Code and local amendments at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; and WHEREAS, on November 3, 2025, the City Council of the City of Burlingame conducted the second reading and adopted the 2025 California Building Standards Code and local amendments; and WHEREAS, California Health and Safety Codes Sections 13143.5, 17958.5, 17958.7, and 18941.5 allow the City, by ordinance, to make modifications or changes to the California Building Standards Code and other regulations when such amendments are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, amendments are necessary because of the climatic, geographical or topographical conditions unique to the City of Burlingame; and WHEREAS, the Health and Safety Code requires that the City Council, before making any modifications and changes, makes an express finding that each modification or change is needed; 107 -2- and WHEREAS, the City Council determines that the proposed ordinance establishes requirements equal to or greater than those set forth in 2025 editions of the California Building Standards Code; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY ORDAIN AS FOLLOWS: SECTION ONE. REQUIRED FINDINGS The City Council of the City of Burlingame finds as follows: 1. The City of Burlingame is located between the Santa Cruz Mountains foothills and San Francisco Bay, with a number of substantial creeks flowing through highly developed residential and industrial areas. It is surrounded by large areas of open space maintained in natural condition, as well as having a significant natural canyon in the center of the residential area. The City normally receives no measurable precipitation between May and October , and this dry period can often extend into late October or early November. During this period, average temperatures range between 70º F and 90º F, and strong winds come down the foothills. These conditions eliminate most of the moisture in the natural vegetation and heavily wooded hillsides. Recent experience with statewide incidents proves that hazardous conditions exist year-round. In addition, many wood roofs over wood construction predominate the residential areas. The City is directly east of the San Andreas Fault, and much of the highly developed part of the City is located along the front of the Bay, some on fill. The foothill areas have a variety of soil formations with steep canyons and heavy precipitation. Fires in the community could quickly spread because of the extensive, natural vegetation throughout the City. The City has a number of highly developed commercial areas with older buildings, and an industrial area that is filled with mixed uses utilizing various materials that could be highly hazardous. In addition, heavily traveled approach and departure routes for San Francisco International Airport are immediately adjacent to or over the City. Much of the residential areas that are immediately adjacent to woodland and canyon are served by narrow one- or two-lane roads with challenging access caused by the steepness of the terrain. Access by fire suppression equipment is extremely limited by both topography and access. It is only through strong building standards and effective fire prevention and containment programs that citizens will receive the protection they deserve, and that citizens will be able to obtain reasonably priced insurance for their homes and businesses. In seeking to attain these goals, the fire prevention standards in Title 17 are adopted. 2. In addition, in order to provide appropriate, clear information to applicants for construction approvals, Section 17.04.020 is adopted to conform Title 17 to Title 18 and the Zoning Code requirements established in the Municipal Code. 3. The City operates its own sanitary sewer system and water quality control plant and is 108 -3- subject to State and Federal laws regarding both point and non-point discharges. Section 17.04.105 is adopted to ensure responsibility for hazardous materials and to clarify liability to assist the City in meeting its responsibilities regarding those laws as well as protecting the public safety and welfare. SECTION TWO. REPEALING AND REPLACING CHAPTER 17.04 OF TITLE 17 OF THE BURLINGAME MUNICIPAL CODE Chapter 17.04 of Title 17 of the Burlingame Municipal Code is repealed in its entirety and replaced to read as follows: Chapter 17.04 INTERNATIONAL FIRE CODE 17.04.010 Adoption of the California Fire Code and International Fire Code. 17.04.020 Amendments to the California Fire Code and International Fire Code. 17.04.025 Administrative, Operational and Maintenance Provisions 17.04.030 Occupancy Prohibited Before Approval & Examination of Documents 17.04.031 Examination of Documents 17.04.035 Permits and Fees 17.04.036 Investigation and Fees 17.04.040 Board of Appeals 17.04.045 RESERVED 17.04.050 General Storage 17.04.055 Marking – Fire Lanes 17.04.060 Premises Identification 17.04.065 Key Boxes 17.04.070 Fire Protection Water Supplies 17.04.075 Fire Command Center 17.04.080 RESERVED 17.04.085 RESERVED 17.04.090 Additions and Alterations – Fire Sprinkler Systems 17.04.091 Provisions for all Sprinklered Buildings 17.04.092 Where Required 17.04.093 Existing Buildings and Structures 17.04.094 Inspectors Test 109 -4- 17.04.095 Additional Residential Sprinkler Locations 17.04.096 Monitoring 17.04.097 Location of Class I Standpipe Hose Connections 17.04.098 Acceptance Test and Certification 17.04.099 Standpipe Supply 17.04.100 Hazard Identification Signs 17.04.101 On-Demand Mobile Fueling Operations 17.04.105 Deposits of hazardous materials and unlawful burning – Cleanup or abatement – Liability for costs 17.04.010 Adoption of text of the California Fire Code, International Fire Code, and Public Resources Code, Division 4, Section 4291. There is adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion, or wildfire that certain codes which contains building standards known as the 2025 California Fire Code (International Fire Code, 2024 Edition as amended by the State of California), and the non-building standards known as the International Fire Code, 2024 Edition, together with all appendices, except Appendices A, D, and J, P, and the State of California amendments thereto, and the Public Resources Code, Division 4, Section 4291. 17.04.020 Amendments to the California Fire Code and International Fire Code The California Fire Code and the International Fire Code are amended or modified as follows: 17.04.025 Chapter 1, Division II, Section 102.2, IFC is amended – Administrative, operational and maintenance provisions Section 102.2 is amended to delete item #2 of this section. 17.04.030 Chapter 1, Division II, Section 105.3.3, IFC is amended – Occupancy prohibited before approval and Examination of Documents Section 105.3.3 is deleted in its entirety and replaced with the following: Section 105.3.3. No final inspection by the Building Official as to all or any portion of a development shall be deemed complete, and no certificate of occupancy or temporary certificate of occupancy shall be issued unless and until the installation of the prescribed fire protection facilities and access ways have been completed and approved by the Fire Chief. 17.04.031 Chapter 1, Section 106.2, CFC is amended as follows: 110 -5- Section 106.2, CFC is deleted in its entirety and replaced with the following: Section 106.2. Examination of documents. When required by the fire code official, plans submitted to the Building Official for a permit shall be reviewed by the Fire Chief to determine compliance with the California Fire Code and the International Fire Code. Upon review a written report shall be returned to the Building Official listing deficiencies or compliance with the Code. 17.04.035 Chapter 1, Sections 108.1 and 108.2, CFC are amended as follows: Section 108.1.2, CFC is added to this code and shall read as follows: Section 108.1.2. Permits and Fees a. The fees for the permits and other services shall be as established by resolution of the Central County Fire Department Fire Board as amended from time to time. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be applied to the appropriate agency, City of Burlingame or Central County Fire Department, depending on the type of service. EXCEPTION: (1) The applicant for a given permit shall be exempt from the payment when the work to be conducted is for the City of Burlingame under written contract to the City or for events sponsored or co-sponsored by the City. b. In the case of multiple permits for an applicant, the permit applicant will be charged the single highest listed rate of all the permits required. The other permittable items will be charged at a rate of 50% of the listed fee as long as the permits are for the same address. c. Where processes or materials are inherent with a permittable item, subsequent fees may be waived at the discretion of fire chief. d. All fire permits and fire construction permits shall have a set number of inspections per permit as set forth by the Central County Fire Department Fee Schedule. Additional inspections and additional re-inspections will be billed at an hourly rate consistent with the Central County Fire Department Fee Schedule. e. Application for "event" type fire code permits shall be submitted 14 days prior to the event date. Applications submitted within 13 days prior to the event date shall be charged double the regular permit rate as established by the Central County Fire Department Fee Schedule. f. "After Hours" inspections shall be invoiced at a rate of one and one-half time the normal hourly rate of the inspecting fire personnel. "After Hours" inspections 111 -6- will be billed at a rate of three hours minimum. "After Hours" inspections are defined as follows: Inspections conducted outside of normal business hours, as defined on the Central County Fire Department website and based upon personnel availability. g. Any person, group, organization, institution or business failing to pay the applicable fees under this Article shall after 30 days of the due date, for either existing or new permit applicants, shall be issued a citation for non-payment of the required permit fee. The penalty for all permit payments delinquent after 30 days shall be a doubling of the original fee. 17.04.036 Section 108.4 CFC is deleted in its entirety and replaced with the following: Section 108.4. Investigation and Fees. Section 108.4. Investigation – Work without a permit Investigation. Whenever construction or work for which a permit is required by this code and has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. All work done without a required permit, including demolition of all or part of a structure or system shall be subject to the investigation and fees imposed by this section. Section 108.4.1. is added to this code and shall read as follows: Section 108.4.1. Fee – Work without a permit In the event work is done without an issued permit, an investigation fee, in addition to the permit fee, shall be collected as a civil penalty, whether or not a permit is then or subsequently issued. The investigation fee shall be up to 10 times the fire permit fee. The investigation fee shall be determined by the Fire Chief and shall be based on the staff time reasonably required to resolve all of the issues related to the work that has been performed without a permit. No construction work permit shall be issued until the investigation fee has been paid in full. Nothing in this section shall relieve any persons from fully complying with the requirements of this code, in the execution of the work, or from any other fees or penalties prescribed by law. 17.04.040 Chapter 1, Section 112, CFC is amended Board of Appeals. 112 -7- Section 112, CFC is deleted in its entirety and replaced with the following: Section 112. Appeal and review. (a) The chief of the fire department shall be charged with the duty and responsibility of administering the provisions of this chapter. (b) Whenever it is provided herein that certain actions shall be done in accordance with an order of the fire department, such order shall be complied with. Any person aggrieved thereby, may appeal to the fire chief in writing within ten (10) days after the date of such order, except as otherwise provided in this chapter. The fire chief shall issue a written decision to affirm, modify or reverse the order within two (2) business days of the receipt of the appeal. The fire chief’s written decision may be appealed to the City Council no later than ten (10) days from the date of the fire chief’s written decision. The City Council’s decision shall be final and conclusive. Except in the cases of immediate hazard, the enforcement of the order shall be suspended until such person has exhausted the appeal process as described above. 17.04.045 RESERVED 17.04.050 Sections 315, CFC- General Storage. Section 315.2, CFC is amended and Section 315.3.5 is added to read as follows: Section 315.2 Permit required. A permit for miscellaneous combustible materials shall be required as set forth in Section 105.5. Exception: Storage of combustible materials other than motorized vehicles or vessels shall not be permitted in a public parking garage or in a garage or carport serving a Group R, Division 1 or Group R, Division 2 Occupancy, unless the method of storage is approved by the Fire Code Official. Section 315.3.5, CFC is added to read as follows: Section 315.3.5. Designation of storage heights. Where required by the fire code official, a visual method of indicating the maximum allowable storage height shall be provided in accordance with Section 315.3.5.1, CFC. Section 315.3.5.1, CFC added to read as follows: Section 315.3.5.1. The approved visual method of indicating maximum allowable 113 -8- storage shall be a four (4”) inch wide line in contrasting color along a wall or storage rack. 17.04.055 Section 503.3, IFC - Marking. Section 503.3, IFC is amended by adding section 503.3.1 to read as follows: Section 503.3.1 Fire Lane Designation. Designation of fire lanes shall be by one of the following means: 1. By outlining and hash marking the area in contrasting colors clearly marking it with the words "Fire Lane - No Parking." 2. By identifying the space with a red curb upon which the words "Fire Lane - No Parking" are stenciled every 15 feet. a. Both sides of fire lanes shall be red curbed when the fire lane is twenty (20) to twenty-eight (28) feet in width. b. At least one side of a fire lane shall be red curbed and stenciled when the fire lane is over twenty-eight (28) and up to thirty-six (36) feet in width. c. Curbs need not be painted red nor stenciled when the fire lane is more than thirty-six (36) feet in width. 3. In areas where a red curb is not practical, and when approved by the fire official, white signs measuring 12 inches by 18 inches with red lettering not less than 1” in height stating the area is a fire lane and parking is prohibited, may be posted adjacent to the fire lanes. 17.04.060 Sections 505.1 through 505.1.3, CFC - Premises identification. Section 505.1.1 is added to read as follows: Section 505.1.1 Size of numbers shall be as follows: 1. When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a minimum of one-half-inch (½") stroke by six inches (6”) high is required. 2. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one-inch (1”) stroke by nine inches (9”) high is required. Sections 505.1.2, 505.1.3, and 505.1.4 CFC are added to read as follows: Section 505.1.2 Multi-Tenant Buildings. Numbers or letters shall be designated on 114 -9- all occupancies within a building. Size shall be a minimum of one-half inch (1/2”) stroke by four inches (4”) high and on a contrasting background. Directional address numbers or letters shall be provided. Said addresses or numbers shall be posted at a height no greater than 5 feet, 6 inches (5' 6") above the finished floor and shall be either internally or externally illuminated in all new construction. Section 505.1.3 Rear Addressing. When required by the chief, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide and acceptable vehicular access. Number stroke and size shall comply with 505.1.1. Section 505.1.4 ADU Addressing. Address for Residential Accessory Dwelling Units shall meet City of Burlingame specifications. 17.04.065 Sections 506.1, CFC - Key Boxes. Section 506.1, CFC is amended and 506.1.1.1, CFC is added to read as follows: Section 506.1 is modified to include: Section 506.1 Where Required. The key box shall be of an approved type and shall contain contents as established in Section 506.1.1.1. A key box shall be installed in accordance with Fire Department standards for all new buildings. For existing buildings equipped with key box, it shall be upgraded to current Fire Department standards at time of Building permit issuance including modifications or alterations to front entrance of building. An emergency gate key switch shall be installed on all new electronic driveway or entryway gates. The key switch shall conform to current Fire Department standards. Section 506.1.1.1, CFC is added to read as follows: Section 506.1.1.1 Key box contents requirements. Required keys include but are not limited to: a master entry key, elevator control, fire alarm control panels, fire sprinkler control valve access, and building utilities. Based on specific site conditions, the fire department may notify the property owner of additional required keys. Contents inside key box shall follow approved fire department standards. If the business/operation is required to have a Hazardous Material Inventory Statement (HMIS), the HMIS shall be included in the key box. Electronic key cards or keyless remotes may be provided as long as the locking system has a failsafe feature at loss of building power and doors are operational without a key or special knowledge. 17.04.070 Section 507 – Fire Protection Water Supplies 115 -10- Section 507.5.4.1 CFC is added to read as follows: Section 507.5.4.1. Private Hydrants. Whenever any on-site fire protection equipment or access ways have been installed as provided in this section, the following provision shall apply: With respect to hydrants located along private access ways where curbs exist, said curbs shall be painted red or otherwise appropriately marked by the owner, lessee or other person in charge of the premises, to prohibit parking for a distance of 10 feet in either direction from such hydrant. In such cases where curbs do not exist, there shall be appropriate markings painted on the pavement, or signs erected, or both giving notice that parking is prohibited for a distance of 10 feet from any such hydrant. Hydrant caps shall be color-coded in accordance with NFPA 291 (National Fire Protection Association). The base of the hydrant shall be painted either reflective red or yellow. 17.04.075 Section 508 – Fire Command Center Section 508.1.1.1 CFC is added to read as follows: Section 508.1.1.1. Requirements. Fire command center shall be equipped with an exterior door and be located at the exterior of the building at a location approved by the Fire Chief. Section 508.2 CFC is added to read as follows: Section 508.2 Fire control room. An approved fire control room shall be provided for all new buildings or buildings undergoing substantial improvement and requiring protection by an automatic fire sprinkler system. The room shall only contain all main system control valves, fire alarm control panels ERRCS equipment, and other fire equipment required by the Fire Chief. Fire control rooms shall be located within the building at a location approved by the Fire Chief and shall be provided at grade with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room. Fire Control Rooms shall not be less than 35 square feet. Exceptions: 1. Group R, Division 3 Occupancies. 2. Occupancies with a fire pump shall have a fire control room that is a minimum of 200 square feet. 3. In high-rise buildings, the fire control room shall not be less than 200 square feet. 17.04.080 RESERVED 116 -11- 17.04.085 RESERVED 17.04.090 Section 903.1.2, CFC - Additions and Alterations Section 903.1.2, CFC is added to read as follows: Section 903.1.2 Additions and Alterations. The standard for calculating the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be: 1. The square footage of every room being added and/or altered shall be included in the calculation of total square footage of addition and/or alteration. 2. The entire square footage shall be considered added or altered when at least fifty percent (50%) or greater of interior wall sheeting or ceiling of any one wall within a room or area is new, removed, or replaced. 17.04.091 Section 903.1.3, CFC - Provisions for all sprinklered buildings Section 903.1.3, CFC is added to read as follows: Section 903.1.3, Provisions for all sprinklered buildings: 1. When a commercial or multi-family building is partially retrofitted with an approved automatic sprinkler fire extinguishing system pursuant to this section, the building owner shall complete the fire extinguishing system retrofit throughout the unprotected building interior areas within six (6) years of completing the initial partial retrofit or within every tenant space where a building permit is obtained, whichever is less. 2. When a residential building is partially retrofitted with an approved automatic sprinkler fire extinguishing system pursuant to this section, the building fire extinguishing system retrofit shall be completed throughout the unprotected building interior areas within two (2) years from completing the initial partial retrofit. 3. When a property owner or responsible party of a commercial or residential building chooses option 1 or 2 from above, the property owner shall file a deed restriction with San Mateo County Assessor’s Office and obtain a performance bond to ensure compliance with Section 17.04.091. The bond shall be in an amount equal to or greater than the estimated cost of completion, as determined by Central County Fire Department. 17.04.092 Section 903.2, CFC is amended – Where required Section 903.2, CFC shall be deleted and replaced as follows: 117 -12- Section 903.2 Where required. Approved automatic fire sprinkler systems shall be installed in all new occupiable and/or habitable buildings and structures. In addition, approved automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1 through 903.2.23. Exceptions: 1. When approved by the fire chief, canopy structures used solely for vehicular parking which have a photovoltaic system attached are not required to be equipped with a fire sprinkler system as long as the structure meets distance requirements to other structures and property lines. 2. Group U occupancies less than 1,200 square feet. Section 903.2.10.3, CFC is added to read as follows: Section 903.2.10.3 Lithium-ion batteries in vehicles. Areas which contain electric vehicle charging stations shall have a fire sprinkler density design of a minimum Extra Hazard, Group 2 for the coverage of charging stations and for 15’ in any direction of charging stations. Section 903.2.10.4, CFC is added to read as follows: Section 903.2.10.4 Additional Commercial and Multi-family Dwelling Sprinkler Locations. Rooms or spaces which contain vehicle parking lifts or vehicle stacking systems shall be designed as an Extra-High Hazard Classification. Sprinkler design to include sidewall sprinkler heads designed at minimum Ordinary Group 2 in between each level. Exception: Buildings classified as single-family dwellings. 17.04.093 Sections 903.2.22 and 903.2.23 CFC are added - Existing Buildings and Structures Section 903.2.22 is added to read as follows: Section 903.2.22, CFC Existing Buildings and Structures. All existing buildings and structures shall be retroactively protected by an approved automatic extinguishing system when the following conditions exist: a. Commercial and multi-family residential buildings with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will exceed 1,200 square feet in area. 118 -13- Exception: Group U occupancies less than 1,200 square feet and separated from primary structure by a minimum of ten (10) feet. b. Residential one- and two-family dwellings and structures with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will exceed 750 square feet in area. Exceptions: 1. Additions or alterations of commercial, multi-family residential, and one and two-family residential buildings that do not exceed 20% of the total square footage of the entire completed building. 2. The following scopes of work are excluded from calculations to determine area of alteration: building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement. Section 903.2.23, CFC is added with the following: Section 903.2.23 Aggregate. When more than one (1) addition and/or alteration for which building permits are required are submitted within a two (2) year period from the closure date of the initial permit, the sum of the square footage of these additions and/or alterations shall be aggregated for the purpose of determining calculations in Section 17.04. 090. 17.04.094 Section 903.3.1.4, CFC amended - Inspector's Test. Section 903.3.1.4, CFC is added to read as follows: Section 903.3.1.4 Inspectors Test Valves. Single-family residential fire sprinkler systems within buildings greater than 3,600 square feet shall be equipped with an inspector’s test valve for each system and located the furthest point away from the sprinkler riser. 17.04.095 Section 903.3.1.5, CFC is added - Additional Sprinkler Locations. Section 903.3.1.5, CFC is added to read as follows: Section 903.3.1.5 Additional Residential Sprinkler Locations. The installation of a residential fire sprinkler system shall conform to the following: 119 -14- 1. Sprinklers shall be required throughout carports and garages. Exception: Detached carports and garages less than 2,000 square feet in area and separated from residential buildings by a minimum of 10 feet. 2. Sprinkler coverage shall be provided in the following locations: a. Attic access openings b. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment. 17.04.096 Section 903.4.4 CFC is added – Fire Sprinkler Monitoring Systems Section 904.4.4 CFC is amended by adding the following: 904.4.4 Monitoring. For new fire sprinkler monitoring systems, the approved supervisory station shall be defined as a UL approved central receiving station. 17.04.097 Section 905.4 CFC is amended – Location of Class I standpipe hose connections. Section 905.4 CFC, subsection 1 is deleted and replaced with the following: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at an intermediate floor level landing between floors, when such a landing exists. See section 909.20.2.3 of the California Building Code for additional provisions in smoke-proof enclosures. 17.04.098 Section 907.7 CFC is amended – Acceptance Tests and Certification Section 907.7 CFC is amended to add the following: 907.7 Acceptance Test and Certification. Upon completion of the installation, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72. New fire alarm systems installed in commercial and multi-family buildings shall be UL-Certified. Certificate shall be posted next to fire alarm control panel at time of final inspection. 17.04.099 Section 3307.5.3 CFC is amended – Standpipe Supply Section 3307.5.3, CFC is added to read as follows: Section 3307.5.3 Operational Standpipes. Where a standpipe is required in 120 -15- accordance with Section 3307.5, that standpipe is required to remain wet and operational. 17.04.100 Section 5003.5, CFC is amended – Hazard Identification Signs Section 5003.5.2, CFC is added to read as follows: 5003.5.2 Sign size and locations. Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel. 1. The signs shall be at least fifteen inches by fifteen inches (15" x 15"). The signs shall not be placed on windows. 2. When NFPA 704 diamonds are required for the interior doors, the signs shall be applied to the doors at a level no higher than the doorknob. The signs for the interior doors shall be at least six inches by six inches (6"x 6"). 3. The Fire Code Official may require fewer or more NFPA diamonds if the building configuration or size makes it reasonably necessary. 17.04.101 Section 5707, CFC, On-Demand Mobile Fueling Operations Section 5707.6.5 is deleted in its entirety and replaced with the following: Section 5707.6.5 Adequate lighting. Adequate site lighting shall be provided for all mobile fueling operations which are performed in dim or dark outdoor conditions. Acceptable means of lighting are flood or box lights which are self-standing or mountable. 17.04.105 Deposits of hazardous materials and unlawful burning- --Liability for costs. (a) The fire department is authorized to clean up or abate the effects of any hazardous material deposited upon or into property or facilities of the City. Any person who intentionally or negligently caused such deposit shall be liable for the payment of all cleanup or abatement costs incurred by the fire department. The remedy provided by this section shall be in addition to any other remedies provided by law. (b) For the purposes of this section, "hazardous materials" shall be defined as any substances or materials, in a quantity or form which, in the determination of the fire chief or his authorized representative, poses an imminent risk to life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum or petroleum products or gases; poisons, etiologic (biologic) 121 -16- agents, flammables and corrosives. (c) Any person in violation of Section 17.04.010 and 17.04.020 which results in fire damage to persons or property shall be charged as unlawfully burning and is liable for costs incurred by the fire department and other responding county or state fire agencies for suppression activities. (d) For purposes of this section, costs incurred by the fire department shall include, but shall not necessarily be limited to, the following: actual labor costs of city personnel, including workers' compensation benefits, fringe benefits, administrative overhead; cost of equipment operation, cost of materials obtained directly by the city; and cost of any contract labor and materials. 122 -17- SECTION THREE. CEQA DETERMINATION The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15061(b)(3) that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. This action is further exempt from the definition of Project in Section 15378(b)(2) in that it concerns general policy and procedure making. SECTION FOUR. EFFECTIVE DATE This Ordinance shall go into effect January 1, 2026. An application for a building permit received after December 31, 2025 must comply with this Ordinance unless specific land use provisions for the project were approved by the City of Burlingame prior to 5:00 p.m. on December 31, 2025. If the Planning Commission approves the project prior to the effective date of this ordinance, then the building permit application for that project may use the provisions found in the 2022 California Building Codes including all amendments as adopted in Ordinance 1856-2010, 1889-2013, 1933- 2016, 1969-2019, and 2010-2022 as applicable. SECTION FIVE. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION SIX. PUBLIC NOTICE This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect on January 1, 2026, or when the ordinance is filed with the Building Standards Commission, whichever occurs later. SECTION SEVEN. CODIFICATION Section Two of this Ordinance shall be codified in the Burlingame Municipal Code. Sections One, Three, Four, Five, Six and Seven shall not be so codified. 123 -18- I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 20th of October, 2025, and adopted thereafter at a regular meeting of the City Council held on the 3rd day of November 2025, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel-Shearer, City Clerk 124 -1- ORDINANCE NO.________ AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 19 OF THE BURLINGAME MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE (TITLE 24, PART 7, CWUIC), AND AMENDMENTS AND MODIFICATIONS THERETO; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES 15378, 15061(b)(3) WHEREAS, the International Code Council modified the wildland-urban interface code requirements and separated them from the California Building and Fire Codes into its own volume; and WHEREAS, it is the desire and intent of the City Council of the City of Burlingame to provide the public with the greatest degree of fire, life, health, and structural safety in buildings in the most effective manner by adopting the most current body of regulations; and WHEREAS, On December 17, 2024, the Building Standards Commission voted to adopt the most up-to-date edition of the 2025 California Building Standards Code as amended by those various state agencies; and WHEREAS, on July 1, 2025, the California Building Standards Code was published; and WHEREAS, all local jurisdictions are required by State law to adopt and to enforce the most recent codes reviewed and approved by the California Building Standards Commission; and WHEREAS, the 2025 California Building Standards Code will become effective on January 1, 2026; and WHEREAS, on October 20, 2025, the City Council of the City of Burlingame held a duly noticed public hearing to consider the 2025 California Building Standards Code and local amendments at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; and WHEREAS, on November 3, 2025, the City Council of the City of Burlingame conducted the second reading and adopted the 2025 California Building Standards Code and local amendments; and WHEREAS, California Health and Safety Codes Sections 13143.5, 17958.5, 17958.7, and 18941.5 allow the City, by ordinance, to make modifications or changes to the California Building Standards Code and other regulations adopted pursuant to Health and Safety Code Section 17922 when such amendments are reasonably necessary because of local climatic, geological, or topographical conditions, and where such amendments establish requirements more stringent than those provided in the state code; and WHEREAS, amendments are necessary because of the climatic, geographical or topographical conditions unique to the City of Burlingame; and 125 -2- WHEREAS, the Health and Safety Code requires that the City Council, before making any modifications and changes, makes an express finding that each modification or change is needed; and WHEREAS, the City Council determines that the proposed ordinance establishes requirements equal to or greater than those set forth in 2025 edition of the Wildland-Urban Interface Code. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY ORDAIN AS FOLLOWS: SECTION ONE. PURPOSE AND INTENT The purpose and intent of this Ordinance is to adopt the 2025 California Wildland Urban Interface Code by repealing and replacing Title 19 of the Burlingame Municipal Code. SECTION TWO. REQUIRED FINDINGS The City of Burlingame is located between the Santa Cruz Mountains foothills and San Francisco Bay, with a number of substantial creeks flowing through highly developed residential and industrial areas. It is surrounded by large areas of open space maintained in natural condition, as well as having a significant natural canyon in the center of the residential area. The City normally receives no measurable precipitation between May and October, and this dry period can often extend into late October or early November. During this period, average temperatures range between 70º F and 90º F, and strong winds come down the foothills. These conditions eliminate most of the moisture in the natural vegetation and heavily wooded hillsides. Recent experience with statewide incidents proves that hazardous conditions exist year-round. In addition, many wood roofs over wood construction predominate the residential areas. The City is directly east of the San Andreas Fault, and much of the highly developed part of the City is located along the front of the Bay, some on fill. The foothill areas have a variety of soil formations with steep canyons and heavy precipitation. Fires in the community could quickly spread because of the extensive, natural vegetation throughout the City. The City has a number of highly developed commercial areas with older buildings, and an industrial area that is filled with mixed uses utilizing various materials that could be highly hazardous. In addition, heavily traveled approach and departure routes for San Francisco International Airport are immediately adjacent to or over the City. Much of the residential areas that are immediately adjacent to woodland and canyon are served by narrow one- or two-lane roads with challenging access caused by the steepness of the terrain. Access by fire suppression equipment is extremely limited by both topography and access. The City now also contains High and Very High Fire Hazard Severity Zones, as designated by the Office of the State Fire Marshal in February of 2025 and adopted locally as of May, 2025 It is only through strong building standards and effective fire prevention and containment programs that citizens will receive the protection they deserve, and that citizens will be able to obtain reasonably priced insurance for their homes and businesses. In seeking to attain these goals and provide clarity for residents, the wildland-urban interface construction standards in Title 19 are adopted. 126 -3- 127 -4- SECTION THREE. REPEALING AND REPLACING TITLE 19 OF THE BURLINGAME MUNICIPAL CODE Chapter 19.04 is amended to read as follows: Chapter 19.04 CALIFORNIA WILDLAND-URBAN INTERFACE CODE 19.04.010 Adoption of the California Wildland-Urban Interface Code and International Wildland-Urban Interface Code. 19.04.020 Amendments to the California Wildland-Urban Interface Code and International Wildland-Urban Interface Code 19.04.025 Scope and General Requirements 19.04.030 Code Compliance Agency 19.04.031 Examination of Documents 19.04.035 Permits and Fees 19.04.036 Investigation and Fees 19.04.040 Board of Appeals 19.04.045 RESERVED 19.04.010 Adoption of text of the California Wildland-Urban Interface Code, International Wildland Urban Interface Code There is adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion, or wildfire that certain codes which contains building standards known as the 2025 California Wildland-Urban Interface Code (International Wildland-Urban Interface Code, 2024 Edition as amended by the State of California), and the non-building standards known as the International Wildland-Urban Interface Code, 2024 Edition, together with appendix B, and the State of California amendments thereto, and the Public Resources Code, Division 4, Section 4291. 19.04.020 Amendments to the California Wildland-Urban Interface Code and International Wildland-Urban Interface Code The California Wildland-Urban Interface Code and the International Wildland- Urban Interface Code are amended or modified as follows: 19.04.025 Chapter 1, Division II, Section 101.1, CWUIC is amended – Scope and General Requirements Section 101.1 is amended to insert “City of Burlingame”. 128 -5- 19.04.030 Chapter 1, Division II, Section 103.1, CWUIC is amended – Code Compliance Agency Section 103.1 is amended to insert “Central County Fire Department” 19.04.031 Chapter 1, Division II, Section 106.9, CWUIC is amended as follows: Section 106.9, CWUIC is deleted in its entirety and replaced with the following: Section 106.9. Examination of documents. When required by the fire code official, plans submitted to the Building Official for a permit shall be reviewed by the Fire Chief to determine compliance with the California Wildland-Urban Interface Code and the International Wildland-Urban Interface Code. Upon review a written report shall be returned to the Building Official listing deficiencies or compliance with the Code. 19.04.035 Chapter 1, Section 108.2, CWUIC are amended as follows: Section 108.2, CWUIC is deleted and replaced with as follows: Section 108.2. Permits and Fees a. The fees for the permits and other services shall be as established by resolution of the Central County Fire Department Fire Board as amended from time to time. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be applied to the appropriate agency, City of Burlingame or Central County Fire Department, depending on the type of service. EXCEPTION: (1) The applicant for a given permit shall be exempt from the payment when the work to be conducted is for the City of Burlingame under written contract to the City or for events sponsored or co-sponsored by the City. b. In the case of multiple permits for an applicant, the permit applicant will be charged the single highest listed rate of all the permits required. The other permittable items will be charged at a rate of 50% of the listed fee as long as the permits are for the same address. c. Where processes or materials are inherent with a permittable item, subsequent fees may be waived at the discretion of fire chief. d. All permits shall have a set number of inspections per permit as set forth by the Central County Fire Department Fee Schedule. Additional inspections and additional re-inspections will be billed at an hourly rate consistent with the Central County Fire Department Fee Schedule. 129 -6- e. Application for "event" type permits shall be submitted 14 days prior to the event date. Applications submitted within 13 days prior to the event date shall be charged double the regular permit rate as established by the Central County Fire Department Fee Schedule. f. "After Hours" inspections shall be invoiced at a rate of one and one-half time the normal hourly rate of the inspecting fire personnel. "After Hours" inspections will be billed at a rate of three hours minimum. "After Hours" inspections are defined as follows: Inspections conducted outside of normal business hours, as defined on the Central County Fire Department website and based upon personnel availability. g. Any person, group, organization, institution or business failing to pay the applicable fees under this Article shall after 30 days of the due date, for either existing or new permit applicants, shall be issued a citation for non-payment of the required permit fee. The penalty for all permit payments delinquent after 30 days shall be a doubling of the original fee. 19.04.036 Chapter 1, Section 108.4, CWUIC is amended as follows: Section 108.4 CWUIC is deleted in its entirety and replaced with the following: Section 108.4. Investigation. Whenever construction or work for which a permit is required by this code and has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. All work done without a required permit, including demolition of all or part of a structure or system shall be subject to the investigation and fees imposed by this section. Section 108.4.1. is added to this code and shall read as follows: Section 108.4.1. Fee – Work without a permit. In the event work is done without an issued permit, an investigation fee, in addition to the permit fee, shall be collected as a civil penalty, whether or not a permit is then or subsequently issued. The investigation fee shall be up to 10 times the permit fee. The investigation fee shall be determined by the Fire Chief and shall be based on the staff time reasonably required to resolve all of the issues related to the work that has been performed without a permit. No construction work permit shall be issued until the investigation fee has been paid in full. Nothing in this section shall relieve any persons from fully complying with the requirements of this code, in the execution of the work, or from any other fees or penalties prescribed by law. 19.04.040 Chapter 1, Section 112, CWUIC is amended 130 -7- Section 112, CWUIC is deleted in its entirety and replaced with the following: Section 112. Appeal and review. (a) The chief of the fire department shall be charged with the duty and responsibility of administering the provisions of this chapter. (b) Whenever it is provided herein that certain actions shall be done in accordance with an order of the fire department, such order shall be complied with. Any person aggrieved thereby, may appeal to the fire chief in writing within ten (10) days after the date of such order, except as otherwise provided in this chapter. The fire chief shall issue a written decision to affirm, modify or reverse the order within two (2) business days of the receipt of the appeal. The fire chief’s written decision may be appealed to the City Council no later than ten (10) days from the date of the fire chief’s written decision. The City Council’s decision shall be final and conclusive. Except in the cases of immediate hazard, the enforcement of the order shall be suspended until such person has exhausted the appeal process as described above. 131 -8- SECTION FOUR. CEQA DETERMINATION The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15061(b)(3) that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. This action is further exempt from the definition of Project in Section 15378(b)(2) in that it concerns general policy and procedure making. SECTION FIVE. EFFECTIVE DATE This Ordinance shall be effective January 1, 2026. An application for a building permit received after December 31, 2025 must comply with this Ordinance unless specific land use provisions for the project were approved by the City of Burlingame prior to 5:00 p.m. on December 31, 2025. If the Planning Commission approves the project prior to the effective date of this ordinance, then the building permit application for that project may use the provisions found in the 2022 California Building Codes including all amendments as adopted in Ordinance 1856-2010, 1889-2013, 1933- 2016, 1969-2019, and 2010-2022 as applicable. SECTION SIX. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION SEVEN. PUBLIC NOTICE This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Burlingame, and shall be in full force and effect on January 1, 2026, or when the ordinance is filed with the Building Standards Commission, whichever occurs later. SECTION EIGHT. CODIFICATION Section Three of this Ordinance shall be codified in the Burlingame Municipal Code. Sections One, Two, Four, Five, Six, Seven, and Eight shall not be so codified. I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 20th of October, 2025, and adopted thereafter at a regular meeting of the City Council held on the 3rd day of November 2025, by the following vote: 132 -9- AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel-Shearer, City Clerk 133 1 STAFF REPORT AGENDA NO: 9e MEETING DATE: November 3, 2025 To: Honorable Mayor and City Council Date: November 3, 2025 From: Raj Vaswani, Chief of Police – (650) 777-41000 Helen Yu-Scott, Finance Director – (650) 558-7222 Subject: Adoption of a Resolution Authorizing the City Manager to Execute a Three- Year Agreement with Alarm Program System, LLC for Alarm Program Administration Services with the Option to Renew Services Annually Thereafter; and Increasing the General Fund Budget Appropriation for the Police Department by $16,000 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute a three-year agreement with Alarm Program System, LLC (APS) for alarm program administration services with the option to renew services annually thereafter. The agreement includes a revenue-sharing fee structure from permit and permit renewal fees, as well as false alarm fees, with 18% of the revenue to APS, and 82% to the City. The term of the agreement is proposed from November 4, 2025, to November 3, 2028. Staff also recommends that the City Council increase the General Fund appropriation for the Police Department by $16,000 to cover the cost of the services. BACKGROUND The City of Burlingame’s alarm program, governed by Chapter 10.10, “Alarm Systems,” of Title 10 of the Burlingame Municipal Code, requires residents and businesses to obtain permits for alarm systems and imposes penalties for false alarms, defined as alarm signals activated due to negligence, non-emergency reasons, or system malfunctions requiring police or fire response where no emergency exists. Currently, the program is managed internally by the Police Department with support from the Finance Department, which tracks alarm activations and compliance. This manual process is labor-intensive, relying on outdated systems and limited to identifying alarm users through permit applications or police responses, often missing unregistered accounts. To address these inefficiencies, the City has decided to partner with a third-party contractor to streamline operations, enhance compliance, and improve service delivery. DISCUSSION To select a qualified vendor, City staff researched vendors and contacted other agencies to determine possible solutions. Staff evaluated and interviewed the three top firms. The evaluation criteria included vendors’ experience, technological capabilities, customer service, and ability to 134 Resolution to Approve an Agreement with Alarm Program System November 3, 2025 2 meet Burlingame’s needs for efficient alarm program management. Alarm Program Systems (APS) emerged as the preferred vendor due to its extensive experience and proven success in managing municipal alarm programs. APS has worked with other cities, demonstrating expertise in streamlining processes and improving compliance. Their services include: x Alarm Registration and Management: A user-friendly, web-based platform for residents and businesses to register and manage alarm permits. x False Alarm Reduction: Proactive education and enforcement strategies to minimize false alarms and reduce unnecessary emergency responses. x Compliance Monitoring: Automated tracking and reporting to ensure adherence to the City’s Ordinances, with regular performance updates provided to City staff. x Customer Support: Dedicated support teams to assist users and resolve inquiries promptly. x Integration with Alarm Companies: Collaboration with alarm providers to ensure accurate permit tracking and compliance. Additionally, APS has agreed to share costs with the City’s computer-aided dispatch vendor, Sun Ridge, to provision and maintain a direct interface that sends false alarm events directly to APS’s platform. This integration significantly reduces administrative burden and improves efficiency. APS’s proactive approach addresses gaps in the current system, such as unregistered alarms, by working directly with alarm companies. Their familiarity with municipal alarm ordinances and collaborative approach ensures a tailored solution for Burlingame. Staff’s evaluation confirmed that APS offers a reliable and efficient solution for the City’s alarm program. This partnersh ip will modernize operations, reduce false alarms, and free up staff resources for other critical tasks. FISCAL IMPACT The estimated cost for the one-year agreement is about $16,000. Staff is also proposing to increase the General Fund budget appropriation for the Police Department by $16,000 to cover the cost. The future cost of the service agreement will be included in the budget development process. Exhibits: x Resolution x Agreement o Exhibit A – Proposal dated October 14, 2025 135 RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR AGREEMENT WITH ALARM PROGRAM SYSTEMS, LLC FOR ALARM PROGRAM ADMINISTRATION SERVICES WITH THE OPTION TO RENEW SERVICES ANNUALLY THEREAFTER; AND INCREASING THE GENERAL FUND BUDGET APPROPRIATION FOR THE POLICE DEPARTMENT BY $16,000 WHEREAS, the City of Burlingame’s alarm program is managed internally by the Police Department with support from the Finance Department; and WHEREAS, the City of Burlingame desires to partner with a third-party contractor to streamline operations, enhance compliance, and improve service delivery; and WHEREAS, the City of Burlingame has identified Alarm Program Systems (APS) as the preferred vendor due to its extensive experience and success in managing municipal alarm programs; and WHEREAS, the Parties have negotiated a service agreement; and WHEREAS, an increase to the General Fund appropriation for the Police Department in the amount of $16,000 is necessary to cover the cost of the service. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame hereby approves and authorizes the City Manager to execute a three-year agreement, in the form attached hereto, with Alarm Program Systems, LLC for alarm program administration services for the term of November 4, 2025, to November 3, 2028, with the option to renew services annually thereafter; the agreement includes an 18% revenue-sharing fee structure from permit and permit renewal fees, as well as false alarm fees, bound by the general terms and conditions as attached hereto and incorporated herein; and BE IT FURTHER RESOLVED that an increase of General Fund budget appropriation for the police department by $16,000. ______________________________ Peter Stevenson Mayor I, Meaghan Hassel-Shearer, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 3rd day of November 2025, by the following vote to wit: 136 AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ______________________________ Meaghan Hassel-Shearer, City Clerk 137 83717.00002\34021673.1 1 CITY OF BURLINGAME PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of November 4, 2025 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 Alarm Program Systems, LLC, a Partnership with its principal place of business at 367 Civic Drive Suite 10, Pleasant Hill, CA 94523 (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: Alarm Program Administration Services ____________________________________________________________________________ (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the “Scope of Service” as more fully described in the “Alarm Program System & Service Proposal” dated 10/14/25, attached hereto and incorporated herein as Exhibit “A.” 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the formula of 82% (Burlingame) / 18% (APS) “Cost Proposal - Revenue Share” on page 41 of the “Alarm Program System & Service Proposal” of Exhibit A. 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 138 83717.00002\34021673.1 2 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. a. 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. Upon request by City during the term of this Agreement, Consultant shall provide to City such documentation and other information regarding the performance of the required services, or the use, operation, support and maintenance of the systems and all associated software (including any applications developed as part of the required services), hardware, networks and equipment, as is collectively sufficient to enable reasonably skilled personnel of City or a third party service-provider to understand the provision of any services provided under this Agreement and the use, operation, support, and maintenance use of the IT systems. b. Consultant shall also provide sufficient documentation for all upgraded or replacement software, hardware, and network components within a reasonable time following installation. To the extent that any documentation relates to third party works, Consultant shall provide documentation that is generally created and accepted in the applicable industry. c. In addition to Consultant's obligations with regard to documentation set forth herein, Consultant shall promptly deliver upon request all documentation and data related to City or performance of the required services then held by Consultant, except for documents and data that are legally privileged in the hands of Consultant. d. Except as otherwise provided in “Termination or Abandonment,” below, all original field notes, written reports, drawings, programs, files, data, 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. 5. Term The term of this Agreement shall be from November 4, 2025, to November 3, 2028, with the option to renew services annually thereafter unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon agreement execution. 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. 139 83717.00002\34021673.1 3 b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements, applicable data protection, nondisclosure and privacy laws, and conflict of interest laws. Without limiting the generality of the foregoing, Consultant represents and warrants that all services shall comply with applicable local, state and federal or other laws and regulations related to data protection, data privacy and the transmission of technical or personal data, including but not limited to California Information Practices Act of 1977 (Cal. Civ. Code §1798 et seq.), the Health Information Portability and Accountability Act (29 U.S.C. §1181 et seq.), and applicable CJIS Security Policy promulgated by the FBI, as each may be amended from time to time. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 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. Consultant shall comply with all policies and procedures of City that pertain to Consultant in connection with performance of the required services, including but not limited to maintaining secure systems and networks, managing data/information/software access and security, and limiting data/security breaches and disclosures of confidential information as defined by City or applicable law. Material violations or disregard of such industry best practices or federal, state or local laws, regulations, or City policies and procedures shall, in addition to all other available rights and remedies of City, be cause for denial of access or use by Consultant personnel to City’s information systems, networks, equipment, property, and facilities and termination of this agreement without penalty. In order to verify compliance with the standards and requirements of this Agreement, City shall have the right to conduct annual security or other audits as prescribed by law. 140 83717.00002\34021673.1 4 b. Consultant represents and shall ensure that key personnel initially or subsequently assigned to perform the services required by City shall be experienced professionals, possessing the appropriate knowledge, skills and expertise to perform their designated duties. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement 141 83717.00002\34021673.1 5 (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. (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. 142 83717.00002\34021673.1 6 d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Limits Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. 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 143 83717.00002\34021673.1 7 (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. 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 144 83717.00002\34021673.1 8 intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims 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. 13. California Labor Code Requirements. 145 83717.00002\34021673.1 9 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. a. 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. b. Subject to and in accordance with applicable law, Consultant at its sole expense shall have appropriately verified the qualifications of its personnel prior to assignment to this Agreement or the Project, including verification of employment history and qualifications; conducting reference checks; verifying technical certifications, education completed or degrees awarded; performing drug testing; 146 83717.00002\34021673.1 10 conducting fingerprinting and a security background check that includes investigation and identification of all state or federal misdemeanor or felony convictions of such individual, and criminal charges pending against such individual, during the immediately preceding seven (7) years, and performing such other types of verification as reasonably requested by City. Prior to commencing services, Consultant personnel (including any subconsultants or sub- subconsultants) must successfully pass a California Department of Justice Live Scan Fingerprinting background check (“Live Scan”). Consultant shall be responsible for obtaining the Live Scan and shall bear the cost thereof. c. Consultant agrees that it shall not delegate performance of services under this Agreement to any owner, employee, agent or representative of Consultant that is a retiree of the California Public Employees’ Retirement System (“CalPERS”) or that remains an inactive or active member of CalPERS. City and Consultant agree that any owner, employee, agent or representative of Consultant assigned to perform any of the Services under this Agreement shall be the exclusive employee of Consultant and shall not establish a common law employment relationship with the City. City and Consultant further agree that any single owner, employee, agent or representative of City and Consultant assigned to perform any of the services under this Agreement shall not perform services under this Agreement in excess of 960 hours in any fiscal year. In the event that the City incurs any CalPERS pension liability as a result of Consultant’s assignment of any of Consultant’s owner, employee, agent or representative to perform any of the services under this Agreement, Consultant agrees that it shall bear the full responsibility for such pension liabilities, including the payment of normal costs and unfunded liabilities associated with services performed by Consultant’s owner, employee, agent or representative under this Agreement. 15. Confidentiality a. Definition of Confidential Information. For the purposes of this Agreement, “Confidential Information” means: non-public information, data, or material regarding the City’s legal or business affairs, computer data, software, internet technology security environment, or other information reasonably understood to be confidential. Notwithstanding any of the foregoing, Confidential Information does not include information which: (i) is or becomes public knowledge without any action by, or involvement of, the party to which the Confidential Information is disclosed (the “Receiving Party”); (ii) is documented as being known to the Receiving Party prior to its disclosure by the other party (the “Disclosing Party”); (iii) is independently developed by the Receiving Party without reference or access to the Confidential Information of the Disclosing Party and is so documented; or (iv) is obtained by the Receiving Party without restrictions on use or disclosure from a third person who did not receive it, directly or indirectly, from the disclosing party. b. Use and Disclosure of Confidential Information. The Receiving Party will, with respect to any Confidential Information disclosed by the Disclosing Party before or after the Effective Date: (i) use such Confidential Information only in connection with the Receiving Party’s performance of this Agreement; (ii) restrict disclosure of such Confidential Information within the Receiving Party’s organization to only those of the Receiving Party’s employees and independent contractors who have a need to know such Confidential Information in connection with the Receiving Party’s performance of 147 83717.00002\34021673.1 11 this Agreement and (iii) except as provided herein, not disclose such Confidential Information to any third party unless authorized in writing by the Disclosing Party to do so. c. Protection of Confidential Information. The Receiving Party will protect the confidentiality of any Confidential Information disclosed by the Disclosing Party using at least the degree of care that it uses to protect its own confidential information (but no less than a reasonable degree of care). d. Employee and Independent Contractor Compliance. The Receiving Party will, prior to providing any employee or independent contractor access to any Confidential Information of the Disclosing Party, inform such employee or independent contractor of the confidential nature of such Confidential Information and require such employee or independent contractor to comply with the Receiving Party’s obligations hereunder with respect to such Confidential Information. Prior to performing any Services, Consultant employees or independent contractors who will access the CityCity’s Confidential Information, shall sign a confidentiality and non-disclosure agreement concerning access protection and data security. Consultant shall provide its employees and independent contractors only with the level of access as is required for such individual to perform his/her/their assigned tasks and functions. e. Compelled Disclosure. A disclosure by one party of Confidential Information of the other party to the extent required by applicable law will not be considered a breach of this Agreement, provided the party so compelled promptly provides the other party with prior notice of such compelled disclosure (to the extent legally permitted) and provides reasonable assistance, at the other party’s cost, if the other party wishes to contest the disclosure. 16. 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. 17 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. 148 83717.00002\34021673.1 12 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. c. In connection with any expiration or termination of the Agreement or cessation for whatever reason of Consultant’s performance of the required services or any portion thereof then being provided (together, “terminated service(s)”), Consultant shall take all necessary and appropriate actions to accomplish a complete, timely, and seamless transition from Consultant to City, or to any third party service providers designated by City, without material interruption or material adverse impact to the required services, service levels, and any other services provided to City by third parties. At City’s option, Consultant shall immediately give title and possession to all original field notes, drawings and specifications, written reports, computer files and other documents, files or data produced or developed for that portion of the work completed and/or being abandoned, and/or Consultant shall provide City with written certification of the destruction of, all such documents, computer files, data and other materials containing any Confidential Information of City that are in Consultant’s possession or control. Consultant shall promptly cooperate with City and any designated service providers, and take all necessary steps to assist City in effecting a complete and timely disentanglement, including the provision of all information necessary to effect the transition, and continue the provision, of any terminated service. Consultant shall also provide for the prompt and orderly conclusion of all work related to the services being terminated, as City Client may require, including completion or partial completion and documentation of all work in progress, and other appropriate measures to effect an orderly transition to City or designees. Consultant’s obligation to provide the required services shall not cease until the earlier of the following: i) the disentanglement is completed to the City’s reasonable satisfaction, or ii) twelve (12) months after the date of termination or expiration, as the case may be 18 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. 19. Organization Consultant shall assign Jim Huchingson 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: 149 83717.00002\34021673.1 13 CITY: City of Burlingame 501 Primrose Road Burlingame, CA 94010 Attn: Helen Yu-Scott Dept: Finance Department CONSULTANT: Alarm Program System, LLC 367 Civic Drive, Suite 10 Pleasant Hill, CA 94523 Attn: Jim Huchingson 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 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 150 83717.00002\34021673.1 14 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. Nothing herein shall prevent City from providing for itself or obtaining from any third party, any products or services in any way similar or comparable to the services. Consultant shall provide to City, or City’s chosen service-provider, reasonable cooperation, assistance, and access as necessary to facilitate the integration and interfacing of the services or products of such other consultants. 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 arising therefrom. 31. [Reserved] [SIGNATURES ON FOLLOWING PAGE] 151 83717.00002\34021673.1 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BURLINGAME AND ALARM PROGRAM SYSTEM, 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: City Clerk Approved As To Form: City Attorney ALARM PROGRAM SYSTEM, LLC Signature Jim Huchingson Name President Title Date 152 83717.00002\34021673.1 16 EXHIBIT A Scope of Services 153 CITY OF BURLINGAME, CA ALARM PROGRAM SYSTEM & SERVICE PROPOSAL SUBMITTAL DATE: 10/14/2025 Alarm Program Systems LLC 367 Civic Drive - Suite 10 Pleasant Hill, CA 94523 Phone: 510-267-0414 www.alarmprogramsystems.com 154 Copyright © 2025 Alarm Program Systems, LLC 2 Executive Summary Ms. Yu-Scott Alarm Program Systems LLC. [APS] is pleased to present the City of Burlingame with a proposal to manage its alarm program. We are confident that our company can be a thoughtful and effective partner in your city’s goal to efficiently manage its Alarm Ordinance. The APS value proposition is simple: •We are the only nationwide solutions provider currently primarily focused on alarm ordinance management. •We offer a 100% web-based CRM platform built on Salesforce.com that provides flexible industry-leading capability. •We have the size, focus and processes to provide clearly superior service to any alternative in the marketplace. APS is headquartered in the San Francisco Bay Area and currently administers programs for 65 agencies. Our company handles 305,000+ alarm permits and processes 5,000+ false alarms monthly across its partner base. Over the course of our 10-year history, we’ve managed growth with a close attention to our core mission to provide the best service in this market segment. We’ve established by reputation a platform robust enough to maintain this standard from agencies servicing upwards of 800,000 citizens down to those servicing under 20,000. The APS application is a 100% cloud-based solution that enables collaboration, integration and automation between business units across multiple departments - creating a true municipal agency and citizen engagement solution. All program information is highly secure, stable, and accessible in real time from any device. APS is committed to meeting evolving industry data & payment processing requirements and standards. From the front-end citizen portal to the back end administrative interface, APS can leverage an industry leading technology stack to ensure that our product offering is constantly improving at the pace of current technology. On the service side, APS features an experienced customer support team that is well versed in all aspects in the management of an alarm program. Our staff will be trained on both Burlingame's Alarm Ordinance and the manor in which the city want’s it administered. To ensure that we operate as an effective face forward for our partner agencies, APS places a strong priority on responsive support via phone and email during all business hours. Additionally, our focused in person outreach to problem alarm sites has demonstrated effectiveness in both reducing aggregate false alarms while improving collection metrics. Helen Yu-Scott Finance Director City of Burlingame 501 Primrose Road Burlingame, CA 94010 155 Copyright © 2025 Alarm Program Systems, LLC 3 APS has taken the liberty of including an abridged Partner List (p. 42). By briefly reviewing, the evaluation team will see that just about one third of our current partners have worked with either CentralSquare/CryWolf or PM AM before migrating onto our platform. APS believes that it has firmly differentiated itself by the consistent level of service and responsiveness we provide to both our agency partners and the individual community members they serve. We believe the APS solution can help Burlingame significantly lower embedded agency costs, heighten public awareness, increase program revenues, meaningfully reduce false alarms, and free up valuable resources for public safety – all while maintaining a professional and responsive level of civic engagement. Included in this proposal document is the following: o Solution Overview o Implementation Schedule o Project Team o Scope of Service o Case Studies o References o Cost Proposal o Partner List Please do not hesitate to contact us if you have any questions. Sincerely, Jim Huchingson President Alarm Program Systems LLC. 367 Civic Drive, Suite 10 Pleasant Hill, CA 94523 Executive Summary 156 SOLUTION OVERVIEW 157 Copyright © 2025 Alarm Program Systems, LLC 5 APS shall, consistent with Burlingame’s current alarm ordinance and any future amendments, provide, operate, and maintain Burlingame’s Alarm Management Program. More specifically, we shall develop, provide, operate, and maintain the systems necessary to communicate with Burlingame’s designated officials, Alarm Companies, Police Department, and those members of its citizenry affected by the alarm ordinance. The APS platform will be tailored to fit Burlingame’s particular needs and objectives, and it will perform all functions necessary to satisfy same. It will acquire, access, assimilate, produce, record and store data relevant to the operation of Burlingame’s Alarm Management Program. It will generate and issue notices, permits and billing statements; track accounts receivables, account histories (including hearings and appeals); and generate reports. APS will provide accounting reconciliation services and accounting reports for all billing pursuant to Generally Accepted Accounting Principals monthly. This shall include monthly auditing to ensure accuracy. Said reports and all supporting documents will be submitted to the city within ten business days of month’s end with the fee share totals for approval. APS will securely import all existing alarm program records (permits, billings, payments/history, fees outstanding, etc.) from Burlingame’s current in house system and use it to populate live permit accounts with corresponding historical record of billings, payments, & false alarms. APS will notify households, businesses, and alarm service providers of alarm ordinance existence and requirements, using city-generated templates and language as required. APS will generate and issue notices, permits and billing statements; track accounts receivables; and generate reports. APS will provide Burlingame consultation on Ordinance updating, revisions, and design for no additional fees upon the city’s request. Solution Overview Solution Overview Based on the sizing of Burlingame’s false alarm program, APS is confident that we can deliver a successful transition of program administration within four [4] weeks. The APS implementation will have very little impact on Burlingame resources. APS will assign a project team rich in experience. Additionally, each of the members—from Project Manager, Technical Manager and Customer Support —are all principals who will be giving their full attention to a mutually successful deployment. Burlingame will have our undivided attention. Jim Huchingson, President, will serve as the dedicated Project Manager. Alarm Program Systems will provide Burlingame with a 100% web-based application that requires no hardware or software to be purchased. APS is prepared to work with all defined city personnel to ensure a to approach and successful implementation. 158 Copyright © 2025 Alarm Program Systems, LLC 6 APS will establish an interface protocol with Burlingame’s current CAD vendor (Sun Ridge) and collect alarm call data weekly, or as otherwise required by Burlingame. We will provide for a secure, encrypted transmission of this data. APS will perform billing and payment collection functions consistent with the terms of Burlingame’s alarm ordinance. We will send written notice to alarm users who generate false alarms and actively pursue those who are delinquent in making their required payments. APS will provide an online alarm user portal where households and businesses can obtain and renew alarm permits, pay billings, view their alarm activity, view Burlingame’s alarm ordinance, update account information, and review FAQ's and responses thereto. APS will maintain a Toll-Free telephone number (M-F, 8am-5pm PST) that individuals may call to speak with someone about the specific details of their bills or to ask about the alarm permit program in general. Additionally, inquiries may be submitted via email and a timely response will be delivered to each inquiry received. APS will provide Burlingame with 24-hour emergency telephone number where an APS associate can be order,. APS will provide systems training to Burlingame employees engaged in the operation and/or oversight of Burlingame’s Alarm Management Program (in person if requested). APS will provide Burlingame with secure, online access to alarm management information, including, but not limited to, reports produced by Burlingame-defined search criteria. APS will produce and deliver reports to Burlingame in a timely manner as required or requested by the city, including, but not limited to, auto-notifications. APS will maintain evolving security standards for its systems and processes and provide Burlingame with documentation as appropriate or required. Alarm Program Systems is providing Burlingame with a detailed rollout schedule detailing the program migration from contract date to go live date. Solution Overview 159 Copyright © 2025 Alarm Program Systems, LLC 7 Implementation Schedule Contract Date Notice to Proceed Date Proposed Roll-Out Meeting: Day 1 •Conduct implementation status meeting between APS and city staff •Review and approve implementation plan Weeks 1-2 of Rollout Interface, Correspondence and Process Specifications •Establish a toll-free number and alarm program mailing address •Build Alarm Program website with ordinance and fee information data connections for online support and payment •Review CAD, financial (bank account, bank lockbox and/or city financial system) and online access specifications for city agents. •Draft and format for approval all correspondence templates o Existing Alarm User Notification o Alarm Company Letter o False Alarm Incident Notification o Burlingame Web Site Content •Establish hearing and appeal process steps •Work with city staff to build comprehensive roster of all jurisdictional alarm providers •Import all existing permit and false alarm data/history from current administrator •Import Alarm Company rosters electronically and manually as needed •Establish secure web-based interface with alarm Companies for ongoing roster management, licensing, outstanding invoices and current balance Implement and test business, alarm company, and citizen web functions •Alarm company self-service portal •Alarm user portal/alarm program website (online alarm class available) •Establish city administrative access to application •Embed links from Burlingame PD website(s) to alarm program website Midpoint Meeting: Day 14 •Appraise city staff of implementation progress; discuss remaining steps to ‘go live’ date Weeks 3-4 of Rollout Registration Implementation •Complete the import of all relevant data onto the APS platform – CryWolf Dataset/Format Import •Configure system logic for alarm ordinance workflow rules System Infrastructure and Interface Implementation •Establish, configure and test CAD alarm event and interface; establish FTP endpoint for reports •Establish a secure, electronic payment gateway (Stripe) Program Training •Train APS staff on the Burlingame’s alarm ordinance, objectives and execution plan •Train Burlingame program administrator(s) on APS application, optimize layout and click- through reporting features. Solution Overview 160 Copyright © 2025 Alarm Program Systems, LLC 8 Implementation Schedule Program Testing •Test all major system components, including interfaces, generation of communication templates, collection and customer service systems. Final Rollout Meeting: Day 28 •Address any remaining details GO LIVE •Begin the full-time management of the Burlingame Alarm Program Typical tasks and input from Burlingame staff may include: Collaborative design of all program documentation and communication strategies to Burlingame residents. Approval of all published content in support of the program—print and online versions. Monitoring of implementation performance on ongoing program performance. Provision of existing alarm program information in accessible file format. Collaboration on false alarm appeals and processes. Provide limited view of CAD database to set up false alarm report function and scheduled transmission Solution Overview 161 PROJECT TEAM 162 Copyright © 2025 Alarm Program Systems, LLC 10 Project Management Organization Jim Huchingson will serve as Project Manager and oversee all phases of the Burlingame partnership. His efforts will be concentrated on the development of a rollout plan and overseeing all phases of the migration project - including status meetings, data import, website development, and managing CAD and financial interfaces. Lisa Baxter will conduct Customer support training. She will train the train customer support staff on Burlingame’s ordinance, establish a protocol for appeals with the city, act as the ongoing manager of all alarm program appeals, and implement workflow rules for collection and billing. Tamara Hartsgrove will serve as the point person for data conversion and integration. She will take alarm program data in whatever form it currently exists and import it onto the APS platform. She will also assist in designing of any necessary CAD/RMS interface. After migration, continue to oversee false alarm data import on a regular weekly basis. Brett Glass will serve as Co-Manager on the project and coordinate regular progress meetings with Burlingame to ensure clear communication throughout the onboarding process. He’ll handle all communication materials for alarm company and citizen outreach. Brett will continue as Burlingame’s primary partnership contact after the program has been rolled out on the APS platform. These four key members of the team will serve as contact points for respective staff members in Burlingame focused on the False Alarm Management Program. Each has been with APS for between 6-12 years and have been integral in building what we believe is the best service/technology offering in alarm program management. •Brett Glass•Tamara Hartsgrove •Lisa Baxter•Jim Huchingsonngson President •Lisa Customer Support •Bret Partnership a rove Data Integration Staffing Resources 163 Copyright © 2025 Alarm Program Systems, LLC 11 Key Project Personnel Jim Huchingson Project Manager/President (12 years) Jim Huchingson is the President and founder (2012) of Alarm Program Systems, LLC. . Jim has over seventeen years of experience in designing, implementing, supporting and managing recurring revenue streams for many of the largest organizations in the world, including providing services to run the False Alarm Program for the City of San Francisco. He plays an integral part of the day-to-day operations including Customer Support, Finance and Product Development. Additionally, Jim is in charge of each implementation and the customer on- boarding process. Jim graduated with a Bachelor’s degree in Legal Studies from the University of California at Berkeley. Technology Background: •Salesforce.com •Force.com •Zendesk [Customer Support} •Permit and Licensing Process Development and Optimization •Product Development [Jim is the architect of the Alarm Program Systems application] •Customer Support Process Development •Heroku Web Development and E-Commerce Applications Lisa Baxter Training Manager/Customer Support (8 Years) Dedicated Customer Service Manager with 15 years of experience building, staffing, and overseeing high-functioning operations and service teams in both health care and technology verticals. Prior to APS, Lisa worked at Halt Medical (acquired by Acessa Health) and AcroMetrix. Lisa is responsible for service agent training as well as testing, modifying and implementing all customer support workflows. She heads the hearing and appeals process and has extensive experience in collections and billing. Brett Glass Vice President of Operations (6 Years) Customer outreach, product development, and compliance processes. Prior to joining APS, Brett had twenty years of experience in financial services & corporate management, including Hambrecht & Quist, Lake Union Capital (Managing Partner), First Albany (Managing Director), and JP Morgan. Bachelor of Arts, UCLA. Staffing Resources 164 Copyright © 2025 Alarm Program Systems, LLC 12 Tamara Hartsgrove Implementation Manager (11 Years) Tamara is responsible for all new and running projects; working with developers and managers; creating testing plans, outlines and the implementation of CAD and software interfaces. She oversees quality assurance and data migration. She is proficient with systems such as Task, Microsoft Expression, Excel, SQL, Word, Access, OnTime, Microsoft Project, and Salesforce. Dave Krupinski Developer (11 Years) Full-Stack Engineer with a focus on Content Systems Architecture. Custom tools to generate, maintain, and distribute content across the web and mobile devices. Tasks include modifying, upgrading and optimizing the APS platform. Technology Background: •Ruby on Rails •NodeJS •HTML5 •MongoDB •Redis •MySQL •Haml •SQL Server •Slim •Javascript •JQuery •CoffeeScript •SpineJS •Prototype •Cold Fusion Darlene White Program Support Manager, (6 Yrs) Alarm company coordinator and customer service representative. Darlene leads on communication with over 140 alarm/monitoring companies servicing the US. She has been integral in building the APS alarm company portal network - enabling larger national alarm providers and their contracted monitoring companies to use APS proprietary technology to optimize permitting across our entire partner base. Ten years experience in investment banking, with roles as national and regional account executive (Integrity First Financial Group & Freedman, Billings & Ramsey). Staffing Resources 165 SCOPE OF SERVICE 166 Copyright © 2025 Alarm Program Systems, LLC 14 Our firm has become a popular solution for law enforcement agencies who have chosen to implement a true CRM solution beyond simply invoicing and billing. The APS application is built on the Salesforce.com platform, which enables collaboration, integration and automation between business units, applications across multiple departments - creating a true municipal agency-citizen engagement solution. Utilizing the APS platform, Burlingame staff will have unlimited real-time access to all relevant data related to the alarm program’s operation. Though a simple, point and click interface, city administrators will have the ability to call data metrics (on any time frame) such as program revenues, current permits, refused permits, false alarm billings, outstanding receivables, past due balances, collection rates, upcoming renewals, etc. Custom reports can be designed for each user’s individual preferences. All reporting is easily exported to Excel, PDF, or other file formats. The APS CRM-rich feature set allows users (both city and administrator) to record an up-to-the-minute history of all customer service interaction related to each unique permit/account. Phone inquiries, emails, appeals, and agency notes can all be logged and shared by users to maximize collaborative efficiency. The APS application is a 100% web-based, secure platform built from the ground up on a technology stack unparalleled in the industry today leveraging the ongoing evolution of leading-edge applications such as: Building on Salesforce cloud-based architecture helps ensure that your alarm program’s functionality is able to upgrade in parallel with the rapid evolution of technology. Our commitment to constantly investing to provide the leading standard in both personal client service and technology translates to alarm management programs that experience both the lowest error rate and highest collection rate in the industry. Technology The APS application is a 100% web-based, secure platform built from the ground up on a technology stack unparalleled in the industry today leveraging the ongoing evolution of leading-edge applications such as: Technical Approach 167 Copyright © 2025 Alarm Program Systems, LLC 15 APS has a diverse collection of expert customer support professionals with a proven capacity to drive program revenue and false alarm reduction. From our project managers to our customer support staff, we employ only the most qualified individuals in the industry. We invest heavily in initial and ongoing training to maintain competency in support strategies, industry issues, client products and services, and general communication skills. Customer Service The APS staff will be available to assist citizens and business owners and to answer program and billing questions via access to a Toll-Free telephone number, chat and email. The APS customer service team will be available from 8am – 5pm PST, Monday through Friday, excluding major national holidays. An integrated voice response [IVR] and voice mail system will be enabled and customized for the use of Burlingame’s false alarm management program, including customer greetings and call routing. All calls not handled in real time will be returned within 24 hours from receipt. We can fully support an integrated customer support model whereby APS and Burlingame personnel collaborate and contribute together, not just in answering calls but for all program functions. The majority of requests are handled within 60 minutes or less. Additionally, our application infrastructure is based on the core customer relationship management principles. Accurate record keeping, familiarity with local issues and multiple communication channels (phone, email and chat) are key components to resolving customer inquiries. The APS Customer Service Team is kept up-to-date with security industry and agency relevant news through a dynamic feed straight into the APS application. APS uses Zendesk to track and manage all customer support interactions. All requests are logged and closed through Zendesk. Zendesk is a San Francisco based company and is regarded as the premiere customer support application worldwide. The training is comprised of four components: •Ordinance-Specific Training: Revenue events and triggers, policy guidelines and fee schedules. •Customer Support Training: Common objection handling review, FAQs and Burlingame program review will enhance team communication and collection skills. •Community Awareness Training: Our customer support team will review and disseminate all current community affairs and Law Enforcement news in Burlingame on a daily basis to ensure our staff can understand and communicate effectively with the residents of Burlingame. •Continued and Ongoing Training: Our team’s practical hands-on support experience is a great resource for improving the process and identifying ways to maximize false alarm reduction for our clients. We provide monthly “Leadership Lunches” with industry experts and support trainers from around the country. Scope of Service 168 Copyright © 2025 Alarm Program Systems, LLC 16 All customer service interactions are tracked, measured and Zendesk provides us the capability for APS to measure response time and customer satisfaction. APS automates the entire process for generating permits, renewal notices, false alarm notices and permit suspensions. Permits/Address records are generated through electronic registration on the alarm user website: https://burlingameca.citysupport.org. Alarm company roster and CAD false alarm data is imported at a measured interval. When a permit/address record is established, APS time stamps and tracks every interaction with the record, including items such as status, status change date, total number of false alarms, outstanding balances, all fee notification history, permit renewal and expiration dates. Workflow rules are set with each field to create any number of automated actions based on the time stamp or value change. For example, 45 days from expiration date, renewal notice invoices are automatically generated. All invoices are attached as links to the permit record and can be viewed at any time. Alarm Permitting, Renewal & Suspension Customer Satisfaction and Measurement Scope of Service 169 Copyright © 2025 Alarm Program Systems, LLC 17 Sample Permit Record in APS Scope of Service 170 Copyright © 2025 Alarm Program Systems, LLC 18 Alarm User Web Portal In addition to submitting payments by mail, customers will have the ability to pay on- line. APS has a Web builder portal admin application to make any and all content changes quickly. Our secure website portal is built with the latest technology stack and is mobile-friendly for alarm users to interact with on any device or desktop. Alarm users can manage all of their permit and false alarm history in addition to paying fees online. Alarm users can also print a copy of their alarm permit from the web portal. Scope of Service 171 Copyright © 2025 Alarm Program Systems, LLC 19 The APS application can track alarm user notification preferences such as mail, email or both mail and email correspondence. All email communication templates are stored and managed within the APS application. Electronic Billing Scope of Service 172 Copyright © 2025 Alarm Program Systems, LLC 20 Sample False Alarm Billing Scope of Service 173 Copyright © 2025 Alarm Program Systems, LLC 21 APS creates a list of related false alarms to each permit. APS captures all relevant fields and data from the original CAD record supplied by the Police Department. The false alarm count automatically adjusts every time a new false alarm record is added and triggers billing automatically at program-specific thresholds. False Alarm Tracking and Billing APS runs the false alarm invoicing job once per week, which looks for false alarm records on all permits that do not have an associated invoice. If there is no invoice, APS automatically creates a new invoice associated with the false alarm and with the corresponding amount based on the assigned false alarm count and the relevant fee table for the agency. Scope of Service 174 Copyright © 2025 Alarm Program Systems, LLC 22 The APS application manages the entire appeals process online; no more sending cumbersome MS Excel files back and forth. We enable a list view that can be accessed by defined users and collaborated on in real time. All relevant details are extracted, hosted and can be accessed by any mobile device: alarm activation information, license account information and payment history. Burlingame can check the APS application on any interval to see the latest resident appeals and collaborate or participate in any decisions. Appeals Support The primary focus of any false alarm program is to reduce false alarms and create awareness in the community of the ordinance and its goals. APS publishes a weekly top offenders list, so our customer support staff and city is made aware of all problem alarm locations. The APS customer support team conducts outreach campaigns via email and phone to contact the highest false alarm count locations to help educate alarm users on how to avoid future false alarms and financial liabilities. False Alarm Reduction Scope of Service 175 Copyright © 2025 Alarm Program Systems, LLC 23 Alarm School Online Education APS is proud to offer the premiere Online Alarm School in the industry. Alarm School Online is committed to reducing the number of false alarms by working with local law enforcement, municipalities and alarm monitoring companies to educate alarm users. Interactive, educational, and user-friendly, Alarm School Online empowers alarm users so they are never the cause of a false alarm dispatch. By completing the course, the alarm users can be proud of doing their part to reduce false alarm calls in their area. www.alarmschoolonline.com. There are a number of reports and dashboards pre-configured that can be accessed through the portal logins. Underlying each dashboard component is a report which can be manipulated to change the filter criteria if needed and downloaded to .XLS or .CSV file formats, if required. There are no charges for incremental report building and/or modifications. APS can configure an unlimited number of false alarm reports based on all available CAD fields for analysis, and all can be accessed in real time from any device. Dashboards and Reporting Scope of Service 176 Reports – Customized Interactive Dashboard - Sample Scope of Service 177 Copyright © 2025 Alarm Program Systems, LLC 25 Each day’s transactions are logged and audited, and the APS application can produce a variety of reports across any time frame needed. Each line item transaction has an associated payment batch audit record for reconciliation. False Alarm Financial Reports All reports can be easily exported to MS Excel: Scope of Service 178 Copyright © 2025 Alarm Program Systems, LLC 26 Another frequently viewed dashboard report that is exported by our partner agencies is the “Top Offenders” list. Top Offenders List APS and Burlingame will reconcile the previous month’s deposits and online transactions on the first of each month. Based on these monthly reports, APS will invoice showing our fee calculation against all revenues collected. Once the invoice is approved, an ACH request would be made and funds deposited to the Burlingame designated bank via Bill.com. The monthly reconciliation report can be tracked in real time from the Burlingame dashboard page in the APS application and exported to Excel at any time. Month-End Remittance Process Scope of Service 179 Copyright © 2025 Alarm Program Systems, LLC 27 Connect all program stakeholders with files, data, and read/write access to all Burlingame records — anywhere, anytime and from any device. Follow specific posts and actions of program staff internal to APS and externally from Burlingame. Connect, engage, and motivate staff with a Facebook-like timeline and history to work efficiently, regardless of their roles or locations. Collaborate on false alarm appeals, service cases, campaigns, and collections. Users of APS can subscribe to certain topics, groups or posts by users to stay up-to-date on all citizen interactions. Agency Collaboration – Read/Write Access & Chatter Scope of Service 180 Copyright © 2025 Alarm Program Systems, LLC 28 One of the critical components of a successful alarm program is an efficient interface with growing multitude of service providers in the market. We have built strong relationships with the major regional and local alarm companies in addition to the larger national alarm companies. APS works closely with all alarm companies, outsourced monitoring platforms, and the emerging DIY offerings to maintain timely and accurate customer rosters. All alarm company roster files are imported and an Alarm Company Roster Batch record is created with the date of import and all of the relevant details that were updated with each matched record. All non-matched addresses get permits and invoices created on import for outreach via email or mail. Alarm Company Management In addition to proactively maintaining alarm user lists, APS offers an Alarm Company Self-Service Portal. Using a simple interface, alarm providers can access, view and manage their customer rosters online. Scope of Service 181 Copyright © 2025 Alarm Program Systems, LLC 29 Security Procedures APS has implemented a firm-wide protocol to meet the guidelines of CJIS security standards. Though an alarm program administrator cannot achieve an official CJIS Certification, given its mandate it can through its internal processes ensure that is “CJIS Ready”. This establishes rigid administrative and technical safeguards used to access, collect, distribute, process, protect, store, use, send, dispose of, or otherwise handle all operational data. Personnel Security. Staff background screening. Security Awareness Training. All employees receive training in CJIS compliance standards. Data Encryption. The APS platform is built on Salesforce. Rigid encryption standards extend throughout the platform to the process of data transmission. System Login Procedure. •Two factor login identification. •Automatic lockout after 3 unsuccessful login attempts. •Event logging and auditing of all activities, including password changes. •Access restriction based on user profiles such as IP address, network, time of day, etc. Configuration Management. Changes and updates to the information system platform, architecture, hardware, software, and procedures are documented and securely stored. Physical Media Protection. All printed materials related to operations are securely stored or destroyed. Consultation. APS has committed to be scoped/audited by a qualified third party consulting firm on a regularly scheduled basis to ensure it maintains standards on an ongoing basis. Collection Procedures APS partner agencies realize some of the strongest accounts receivable metrics in the industry today. Agencies typically see collections rates of 85-95%. We adhere to the best collection processes in the industry, based on the following core principles: •Have a Defined Credit Collection Policy •Invoice Promptly and Send Statements Regularly •Use "Address Service Requested" •Aging Sheet and Balance Dictate Process •Well-Trained Staff •Accurate Record Keeping Scope of Service 182 Copyright © 2025 Alarm Program Systems, LLC 30 1. Invoice – Accurate and Timely 2. Call Confirm receipt of invoice Confirm payment time frame Confirm point of contact 3. Voice Mail / Email Follow-Up 4. Collection Letter – Once accounts move 30 days past due, they appear on the collections report in “open status” and a letter is generated 5. Demand Call Payment plan option 6. Voice Mail / Email Follow-Up Collection Process Steps: All Past Due Accounts Flow Through the Following Stages: Past Due – Open Collection Letter Sent Promise To Pay Payment Plan Debt Dispute Skip Tracing If needed, APS can work with 3rd party collection agencies and provide such an agency with a login to the Burlingame collections report. Return Mail Handling The APS application integrates with Google Maps and provides an address verification component. We have some of the lowest return mail averages in the industry. All returned mail is handled by APS and all alarm location or billing location addresses are verified and/or updated dynamically via Google Maps or an agency supplied street table of valid addresses. Scope of Service 183 Copyright © 2025 Alarm Program Systems, LLC 31 System Requirements Technology Infrastructure There are no system or network requirements for the APS solution. An internet connection from any device running a web browser is sufficient. Interface & Data Integration APS is built on the Salesforce.com platform which is the most robust, flexible and open cloud platform in the market today. There are hundreds of 3rd party integration tools and components to leverage; APS can support native level API integrations with all of the major software platforms and applications in the market today. Additionally, APS can support a variety of file level and SQL based integrations with drag and drop field mapping capabilities. We have seamlessly integrated with a variety of CAD and financial applications with our current customer set. CAD integration has been supported with a bi-directional interface, such that data elements like permit status and permit number can be placed back into the CAD system for dispatch. Access Security Salesforce.com provides an extremely powerful and flexible security architecture. This architecture lets users define how users log in, determining (for example) which IP ranges are acceptable, what hours of the day are allowed, how long sessions stay active for and so on. It also enables programmatic control, for example, which users may log in through a Web services API, and which endpoints a running application can connect to from the Force.com platform. The platform security architecture also lets users define administrative security permissions, and the security profiles let you determine who has access to which features and components - ranging from the set-up menu all the way through to read/write settings on an object or field. User logins are protected as follows: •Limit to the number of unsuccessful login attempts •Event logging of all activities, including login activities and password changes •Automatic session locks after 30 minutes of inactivity The record-sharing model enables an even finer level of security of Burlingame’s data, not only determining who has access to which records based on a user, role or group model, but also how these data records are shared among various users. o Salesforce performs real-time replication to disk at each data center, and near real-time data replication between the production data center and the disaster recovery center. o All networking components, SSL accelerators, load balancers, web servers, and application servers are configured redundantly. o All customer data is stored on a primary database server that is clustered with back-up database server for uninterrupted access. Superior System Integrity and Security on the Salesforce Cloud Scope of Service 184 Copyright © 2025 Alarm Program Systems, LLC 32 Access control and physical security •24-hour manned security, including foot patrols and perimeter inspections •Biometric scanning for access •Dedicated concrete-walled Data Center rooms •Computing equipment in access-controlled steel cages •Video surveillance throughout facility and perimeter •Building engineered for local seismic, storm, and flood risks •Tracking of asset removal Environmental controls •Humidity and temperature control •Redundant (N+1) cooling system Power •Underground utility power feed •Redundant (N+1) CPS/UPS systems •Redundant power distribution units (PDUs) •Redundant (N+1) diesel generators with on-site diesel fuel storage Network •Concrete vaults for fiber entry •Redundant internal networks •Network neutral; connects to all major carriers and located near major •Internet hubs •High bandwidth capacity fire detection and suppression •VESDA (very early smoke detection apparatus) Dual-alarmed, dual-interlock, multi-zone, pre- action dry pipe water-based fire suppression o All customer data is stored on disk that is mirrored across multiple storage cabinets and controllers. o All Customer data, up to the last committed transaction, is automatically backed up to a primary tape library on a nightly basis. o Back-up tapes are immediately cloned on a second library to verify their integrity; and the clones are moved to secure, fire resistant off-site storage on a regular basis. These APS collocated facilities provide carrier-level support, including: Scope of Service 185 CASE STUDIES 186 Copyright © 2025 Alarm Program Systems, LLC 34 Case Study 3 – Escondido, CA APS successfully completed a migration of Escondido, CA from their home-grown platform at the end of 2016. Working in collaboration with the Police and Information Technology Departments, APS successful helped Escondido implement a revised ordinance to meaningfully increase registered alarm owners and educate them on program objectives - translating to a reduction in false alarms by 20%. Imported and cleaned 100+ alarm company records Reassigned existing $40,000.00 PD resource to more productive assignments. Sent out intro notification letters to 5,700 alarm users False alarm counts holding steady during annual alarm ownership increases of 10% Provided a collaboration platform to work in concert with Escondido Alarm Administration Staff Cleaned database of non-valid addresses Imported and managed 2,200 permits, invoices, payments and account history Went live with existing CAD export file Provided dynamic, real-time reports for review 87% collection rate. Contacted and worked with Alarm Companies to receive customer rosters Increased revenue from $19,000.00 to $275,000.00 in the first 12 months of operation Increased revenue from $19,000.00 to $275,000.00 in the first 12 months of operation Implementation time in 4 weeks Migration from home-grown database Roberta Akans Community Service Officer Escondido Police Department rakans@escondido.org Case Studies 187 Copyright © 2025 Alarm Program Systems, LLC 35 Case Study – Pierce County, WA APS successfully completed a migration of Pierce County, WA from the PM AM platform at the end of 2018. Working in collaboration with Program Coordinator, Dianna Mcinnely, APS was able to transition the alarm program in a one month window. Through its differentiated effort, APS meaningfully increased all relevant program metrics within its first year of partnership. Migration from PM AM database Implementation time in 4 weeks during the Christmas Holiday season Imported and managed 15,000 permits, invoices, payments and account history Imported and cleaned 100+ alarm company records Increased permit count by 5,000 in the first 8 weeks of operation Sent out intro notification letters to 15,000 alarm users Cleaned database of non-valid addresses Refunded alarm users not covered by County Provided dynamic, real-time reports for review Provided a collaboration platform to work in concert with Pierce County Alarm Administrator Went live with existing CAD export file Processed payments for $378,923.00 in the first six months of operation Program revenues tracking +36% y/o/y. Sue Stewart Alarm program Coordinator Pierce County Sherriff's Department sue.stewart@piercecountywa.gov Case Studies 188 Case Study – Colorado Springs, CO CSPD alarm program went live with the APS applicationin November of 2019. Working in collaborationwith thePoliceandInformationTechnology Departments, APS successful migrated the ColoradoSprings PD from a home-grown applicationto the APS platform. Imported and cleaned 265+ alarmcompany records CSPD & APS provide Ahybridcustomer service team, Tier I, Tier II support with live phonetransfers Alarmordinancemodificationbroadcaststo 34,000 alarm users & 265 Alarm Companies Automated Bi-monthly Alarm Company invoicing, emailed statements for alloutstandingalarm user fees Provideda collaborationplatform APS staff works in concert with CSPD Alarm Administration Staff asback-office support team Cleaned database of non-valid addresses CSPD manages the entire program $937,106.00 with 1 FTE Went live with existing CAD export file Provided dynamic, real-time reports for review Improved collectionrates APS Contacted and worked with CSPD on Alarm Company Management toreceive/manage customer rosters via the APS alarmcompanyportal Implementation time in 8 weeks Migrationfrom home-growndatabase APS providesa software solutionand complete100%back- office program supportto CSPD APS back-officetasks and support includes: 9 Alarm Company Management 9 Alarm Company email broadcasts 9 Alarm User email broadcasts 9 PDF creation andemailing of allinvoices and statements to Alarm Users & Alarm Companies 9 Importing andmatching falsealarms 9 Monthend financialreconciliation support 9 Tier II customer support – email, chat,live phonetransfer, phone payments, ACH payments, CC payments, appeals 9 Alarmordinance consulting,recommendations andeducation 9 Online Alarm School 9 UpdatingAPSapplicationwith anyfee updatesor ordinancemodifications 9 Shared access and visibilityintoLockbox & Credit card processing accounts 36Copyright © 2022 Alarm Program Systems, LLC Experience & Technical Competence 189 REFERENCES 190 Copyright © 2025 Alarm Program Systems, LLC 38 Palo Alto Police Department, CA 7/24-Present Heather Johnson, Code Enforcement (650) 329-2130 / heatherjohnson@cityofpaloalto.org Population: 65,000 Migrated from CryWolf Projected Collected Billings 2025: $300k Fee: Fixed Percentage of Revenues Current Outsourced Administrator Belmont Police Department, CA 10/21-Present Hanh Tran, Management Analyst (650) 595-7404 /htran@belmont.gov Population: 27,000 Migrated alarm program from in house solution Current Outsourced Administrator City of West Linn, OR 6/22-Present Joella Sorensen, Police Records Specialist (503) 742-6103 / jsorensen@westlinnoregon.gov Population: 27,000 Migrated from PM AM Current Outsourced Administrator Los Altos Police Department, CA 4/24-Present Sergeant Brian Jeffrey (650) 947-2770 / bjeffrey@losaltosca.gov Population: 30,000 Migrated from CryWolf Current Outsourced Administrator City & County of San Francisco, CA 3/14-Present Loretta Meng, Manager Cashiering-Remittance (628) 652-6586 Population: 850,000 Migrated from in house solution Current Licensed Partner References References 191 Copyright © 2025 Alarm Program Systems, LLC 39 Queen Creek, AZ 9/23-Present Luz Fierro, Police Support Specialist Supervisor (580) 358-3535 /luz.fierro@queencreekaz.gov Population: 72,000 Migrated from in house solution Current Outsourced Administrator City of Vista, CA 2/23-Present Estella Muro, Code Enforcement (760) 639-6141 /emuro@vista.gov Population: 98,000 Migrated alarm program from Municipal.io *Program includes both intrusion and fire alarms Current Outsourced Administrator City of Corona, CA 7/23-Present Julie Kennicutt, Budget Manager (951) 739-4968 / Julie.Kennicutt@coronaca.gov Population: 160,000 Migrated from In House Solution Fee: Fixed Percentage of Revenues Current Outsourced Administrator References References 192 COST PROPOSAL 193 Copyright © 2025 Alarm Program Systems, LLC 41 The proposed Revenue Split will be based on total permit fees, renewal fees, false alarm fees, and any late or reinstatement fees billed & collected by APS from alarm users or alarm companies. All postage expense (first class postage and materials), banking fees, and credit card processing fees incurred in administering the program will be paid by the gross revenues of the program prior to the revenue share being calculated. These cost items will be itemized on each monthly reconciliation statement. **Burlingame can elect to pass credit card transactions fee to alarm owners at the point of purchase for online payments. The ‘Convenience Fee’ can be automatically calculated and displayed at our vendor’s cost (Stripe – 2.9% + $.30 per transaction). *APS will share the cost (50%) for an automated false alarm report configuration directly from Sun Ridge and the annual maintenance fee thereafter (Per Sunridge Quote - Initial Y1 Cost: $6,075; Annual Support & Updates: $675). There are no additional fees - including start up, implementation, data conversion, administration, technical support, and training. The APS platform is 100% cloud-based and will enable city administrators to log in and view all relevant program data in real time. It requires no introduction of software to the city’s technology infrastructure. Payment System APS will reconcile, on the first day of each month, the previous month’s deposits. Based on each monthly reconciliation, APS will invoice Burlingame showing all revenues collected and invoices paid. Once the invoice is approved, an ACH request will be made, and the City’s portion of the revenue shall be deposited to the City’s designated bank within 7 days of city’s approval of the invoice. Burlingame APS Notes 82% 18% Revenue Share Cost Proposal – Revenue Share Cost Proposal 194 APS Partners Agency Department Type Description Population San Francisco, CA Finance Software License 850,000 Pierce County, WA Sheriff Outsourced PM AM Replacement 605,000 Albuquerque, NM Finance Software License CryWolf Replacement 560,000 Colorado Springs, CO PD Hybrid 491,000 Clackamas County, OR Sheriff Outsourced CryWolf Replacement 205,000 Glendale, CA PD Outsourced PM AM Replacement 200,000 Corona, CA PD Outsourced 160,000 Escondido, CA PD/Fire Outsourced 151,613 Rockford, IL PD/Fire Outsourced PM AM Replacement 147,000 Torrance, CA PD Outsourced 144,500 Fullerton, CA PD Outsourced 140,000 Concord, CA PD Outsourced 129,000 Carlsbad, CA Finance Outsourced 114,411 Boulder, CO PD Outsourced CryWolf Replacement 107,125 Fort Myers, FL PD Outsourced PM AM Replacement 97,000 Hawthorne, CA PD Outsourced AlarmTrak Replacement 87,495 San Ramon, CA PD Outsourced 75,500 Walnut Creek, CA PD Outsourced 69,200 Greenville, SC PD/Fire Outsourced CryWolf Replacement 67,737 Montebello, CA PD Outsourced 63,192 National City, CA PD Outsourced 61,121 Gardena, CA PD Outsourced AlarmTrak Replacement 60,048 San Rafael, CA PD Outsourced 59,070 Sarasota, FL PD Outsourced CryWolf Replacement 57,021 Novato, CA PD Outsourced 55,642 Cathedral City, CA PD Outsourced 54,056 Placentia, CA PD Outsourced PM AM Replacement 52,157 Cypress, CA PD Outsourced 49,000 Covina, CA PD Outsourced PM AM Replacement 48,000 Palm Springs, CA PD Outsourced 47,689 San Luis Obispo, CA PD Outsourced PM AM Replacement 47,402 Morgan Hill, CA PD/Fire Outsourced Phoenix Group Replacement 45,037 Danville, CA PD Outsourced 44,631 Culver City, CA PD Outsourced 39,364 Oregon City, OR PD Outsourced PMAM Replacement 37,500 Manhattan Beach, CA PD Outsourced 35,500 Pleasant Hill, CA PD Outsourced CryWolf Replacement 34,987 Summit County, CO Sheriff/911 Outsourced CryWolf Replacement 31,000 West Linn, OR PD Outsourced PM AM Replacement 27,600 195 1 STAFF REPORT AGENDA NO: 9f MEETING DATE: November 3, 2025 To: Honorable Mayor and City Council Date: November 3, 2025 From: Maria Saguisag-Sid, Human Resources Director – (650) 558-7209 Subject: Adoption of a Resolution Authorizing the City Manager to Execute a First Amendment to the Professional Services Agreement with LWP Claims Solutions for a Five-Year Period for Third-Party Administration of the City’s Self-Insured Workers’ Compensation Program RECOMMENDATION Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute a First Amendment extending the existing Professional Services Agreement with LWP Claims Solutions for third-party administration of the City’s self-insured workers’ compensation program to December 31, 2030. BACKGROUND The City is self-insured for workers’ compensation, and LWP Claims Solutions has been the City’s third-party administrator since they were first awarded the contract in 2014. In 2018, the City approved a new agreement with a five-year term and an optional three-year extension. The City is currently in the final year of the extension, which is scheduled to expire on December 31, 2025. Currently, the City pays a flat fee of $8,501 a month0( $102,016 annually). DISCUSSION LWP Claims Solutions continues to meet the expectations for claims management and outcomes, and customer service outlined in the professional services agreement. Staff is satisfied with their services as the third-party administrator of the City’s self-insured workers’ compensation program. LWP has been able to reduce the City’s claims liability significantly since the start of the relationship and has proposed a reduced fee in recognition of this. The proposed amendment is for an extension to December 31, 2030, and will initiate the cost savings as early as November 2025, with a new monthly fee of $4,000. Effective January 1, 2026, the fee will be $48,000 for the year and will increase annually as noted in the amendment. The scope of services required to provide third-party administrative services includes, but is not limited to: x Claims administration x Litigation management x Nurse case management 196 Amendment to Professional Services Agreement with LWP Claims Solutions November 3, 2025 2 x Administration of the risk management information system FISCAL IMPACT The cost for the remainder of this fiscal year will $32,000. The price will increase by a reasonable amount in the remaining years, as outlined in the amendment. Sufficient funds are available within each year’s budget of the City’s Workers’ Compensation Fund. Exhibits: x Resolution x First Amendment to Professional Services Agreement x 2018 Agreement 197 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LWP CLAIMS SOLUTIONS FOR A FIVE-YEAR PERIOD FOR THIRD-PARTY ADMINISTRATION OF THE CITY’S SELF-INSURED WORKERS’ COMPENSATION PROGRAM WHEREAS, the City is self-insured for workers’ compensation, and LWP Claims Solutions has been the City’s third-party administrator since 2014; and WHEREAS, the City Council approved the current professional services agreement with LWP Claims Solutions on February 5, 2018, and the agreement is scheduled to expire on December 31, 2025; and WHEREAS, LWP Claims Solutions has met the expectations for claims management and outcomes and customer service outlined in the professional services agreement; and WHEREAS, LWP Claims Solutions has proposed a First Amendment to the agreement to extend the term for five years with a reduced fee based on the City’s improved claims history; and WHEREAS, in consideration of the City’s improved claims experience, LWP Claims Solutions has proposed initiating the reduced fee effective November 1, 2025; and WHEREAS, the cost for the first full year of the extension will be $48,000, increasing in the remaining years of the five-year extension. NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to execute a First Amendment with LWP Claims Solutions, in the form attached hereto as Exhibit A. ____________________________ 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 3rd day of November, 2025, and was adopted thereafter by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ____________________________ Meaghan Hassel-Shearer, City Clerk 198 83717.00002\34021673.2 1 CITY OF BURLINGAME FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BURLINGAME AND LWP CLAIMS SOLUTIONS, INC. This First Amendment to Agreement for Professional Services (“First Amendment”) entered into and effective on November 1, 2025, amends the Agreement for Professional Services (“Agreement”) dated February 28, 2018, between the City of Burlingame (“City”) and LWP Claims Solutions, Inc. (“Consultant”) (collectively, the ”Parties”) for third-party administrative services for the City’s self-insured workers’ compensation program. RECITALS WHEREAS, on February 28, 2018, the City and Consultant entered into an Agreement, attached hereto as Exhibit A, for third-party administrative services for the City’s self -insured workers’ compensation program (hereinafter referred to as “the Project”). WHEREAS, LWP Claims Solutions has met the expectations for claims management and outcomes, and customer service outlined in the professional services agreement WHEREAS, the Parties desire to amend the Agreement to further the Parties’ interests. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Section 3 of the Agreement is hereby replaced to read as follows: This Agreement commences on November 1, 2025, and terminates on December 31, 2030. 2. The portion of rates for Claims Administration – life of Contract – flat fee located in Exhibit C are hereby replaced as follows: Claims Administration Rates Life of Contract – flat fee. November 2025 $4000 December 2025 $4000 Fiscal Year: 1/1/2026 – 12/31/2026 $48,000 1/1/2027 - 12/31/2027 $49,920 1/1/2028 – 12/31/2028 $51,917 1/1/2029 – 12/31/2029 $53,993 1/1/2030 – 12/31/2030 $53,993 3. Except as expressly amended in this First Amendment, all other terms and conditions contained in the Agreement shall remain in full force and effect. 199 83717.00002\34021673.2 2 IN WITNESS WHEREOF, the Parties have executed this First Amendment to the Agreement as of the date first written above. CITY OF BURLINGAME Approved By: Lisa K. Goldman City Manager Date Attested By: City Clerk Approved As To Form: City Attorney LWP CLAIMS SOLUTIONS, INC. Signature Judy Adlam Name President & CEO Title Date 200 201 202 203 204 205 206 207 208 209 210 211 212 1 STAFF REPORT AGENDA NO: 9g MEETING DATE: November 3, 2025 To: Honorable Mayor and City Council Date: November 3, 2025 From: Margaret Glomstad, Parks and Recreation Director – (650) 558-7307 Richard Holtz, Parks Superintendent/City Arborist – (650) 558-7333 Subject: Adoption of a Resolution Rejecting All Bids Received for the Burlingame City Parks 2025 Asphalt Path Repair Project, and Authorizing Staff to Revise the Bid Documents and Re-advertise the Project RECOMMENDATION Staff recommends that the City Council adopt a resolution rejecting all bids received for the Burlingame City Parks 2025 Asphalt Path Repair Project and authorizing staff to revise the bid documents and re-advertise the project. BACKGROUND This project involves repairs to various park pathways throughout the parks system to address safety and Americans with Disabilities Act concerns. The project was advertised for bids on August 4, 2025. Unfortunately, the City received only one bid, in the amount $168,000, on the bid closing date of August 18, 2025. DISCUSSION Upon reviewing the bid package and specification documents, staff determined that revising the project plans and specifications to clarify the requirements could lead to more bids and lower bid prices. Staff will revise the bid documents prior to re-advertising the project. Therefore, staff recommends that the City Council reject all bids and authorize staff to re-advertise the project following these modifications. FISCAL IMPACT There is no fiscal impact associated with rejecting all bids. Exhibits: x Resolution x Bid Summary 213 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME REJECTING ALL BIDS RECEIVED FOR THE BURLINGAME CITY PARKS 2025 ASPHALT PATH REPAIR PROJECT WHEREAS, on August 4, 2025, the City issued a notice inviting sealed bids for the Burlingame City Parks 2025 Asphalt Path Repair Project; and WHEREAS, the City received only one bid proposal by the closing date of August 18, 2025; and WHEREAS, the bid proposal was $168,000; and WHEREAS, upon reviewing the bid package and specification documents, staff determined that revising the project plans and specifications to clarify the requirements could lead to more bids and lower bid prices; and WHEREAS, staff recommends that the City Council reject the bid received for the project and authorize staff to update the project specifications and re-advertise the project for bids. NOW, THEREFORE, BE IT RESOLVED, and ORDERED, that all bids for the above- named project are hereby rejected, and City staff is authorized to update the project specifications and re-advertise the project in accordance therewith. ______________________ Peter Stevenson, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 3rd day of November, 2025, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _____________________________ Meaghan Hassel-Shearer, City Clerk 214 CITY OF BURLINGAME PARKS AND RECREATION DEPARTMENT BURLINGAME CITY PARKS 2025 ASPHALT PATH REPAIR PROJECT CONTRACTOR’S BIDDING FORM Bayside Park Section A………………………………………..$__________________ Section B………………………………………..$__________________ Section C………………………………………...$__________________ Section D………………………………………..$__________________ Washington Park Section E………………………………………..$__________________ Section F………………………………………..$__________________ Section G………………………………………...$__________________ Section H………………………………………..$__________________ Section I………………………………………..$__________________ Section J………………………………………..$__________________ Total Base Bid (Items A-J): $ ________________ The successful lowest responsible bidder will be determined on the basis of the lowest Total Base Bid amount (Items A-J). Contractor: ______________________________________________________________ Contractor Representative: __________________________________ _____________________ Signature Date CITY OF BURLINGAME PARKS AND RECREATION DEPARTMENT BNO Builders INC Ben Giat, CEO/President 8/18/2025 68,000.00 12,000.00 7,000.00 15,000.00 7,000.00 5,000.00 10,000.00 7,000.00 17,000.00 20,000.00 168,000.00 Contractor Representative 215462 BURLINGAME CITY PARKS 2025 ASPHALT PATH REPAIR PROJECT CONTRACTOR’S BIDDING SHEET (Submit with Bid) (Total Price in Numbers): ____________________________________________ (Total Price in Words): ______________________________________________ The City of Burlingame reserves the right to reject any or all bids. Bidders are cautioned not to attach any conditions, limitations, or provisions to the proposal as such conditions, limitations, or provisions may render their bid non-responsive and cause its rejection. Award or Rejection of Bids The Contract, if awarded, will be awarded to the lowest responsible bidder subject to the City's right to reject any or all bids and to waive any informality in the bids or the bidding. Contractor Company: ______________________________________________________ Contractor Representative: _____________________________ __________________ Signature Date Contractor Phone: _____________________ Contractor Fax: ____________________ Contractor Email_______________________________________________ Contractor License Number: ________________________________________________ Complete and return a signed copy of Attachments 1-7. Failure to submit all of the Attachments may render the bid nonresponsive and may result in its rejection. BNO Builders INC Ben Giat, CEO/President 8/18/2025 None bids@bnobuilders.com 1107971 800-644-1872 One hundred seventy eight dollars and no cents. $168,000.00 Contractor Representative: 216463 CITY OF BURLINGAME PARKS AND RECREATION DEPARTMENT BURLINGAME CITY PARKS 2025 ASPHALT PATH REPAIR PROJECT DESIGNATION OF SUBCONTRACTORS (Public Contract Code Sections 4100 and following) As a bidder on the above-entitled project, the undersigned hereby designates the subcontractors that will perform work or labor or render services to the Contractor. The undersigned understands and agrees that should it fail to specify a subcontractor for any portion of the work, it agrees that the undersigned is fully qualified to perform that portion of the work itself, and that it shall perform that portion itself. Penalties for failure to comply with this provision are provided in the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The undersigned agrees that it shall not, without the written consent of the City, make any substitution, assignment, or sublet to or of the following list of subcontractors, which is made a part of this bid, and then only after compliance with the provisions of the Subletting and Subcontracting Fair Practices Act. [ATTACH ADDITIONAL PAGES IF NECESSARY] Name of Subcontractor Address of Subcontractor Work to be done by Subcontractor NAME OF BIDDER: _______________________________ Signature: _______________________________ Attachment 4 Complete and return a signed copy of Attachments 1-7. Failure to submit all of the Attachments may render the bid nonresponsive and may result in its rejection. BNO Builders INC Cato's General Engineering DBA Cato's Paving 22302 Hathaway Ave, Hayward, CA 94541 Repair Asphal Signature:_ 217464 CITY OF BURLINGAME PARKS AND RECREATION DEPARTMENT BURLINGAME CITY PARKS 2025 ASPHALT PATH REPAIR PROJECT NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I, ___________________________________ , declare under penalty of perjury that I am ____________________________________________________________________________ (sole owner, partner, president, etc.) of, _________________________________________________________________________ the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. _________ ________________________________ Date Signature of Representative of Bidder Attachment 5 CEO/President Ben Giat BNO Builders INC 8/18/2025 _________ Signature 218465 219466 220467 221468 222469 1 STAFF REPORT AGENDA NO: 9h MEETING DATE: November 3, 2025 To: Honorable Mayor and City Council Date: November 3, 2025 From: Margaret Glomstad, Parks and Recreation Director – (650) 558-7307 Nicole Acquisti, Recreation Manager – (650) 558-7337 Subject: Adoption of a Resolution Authorizing the City Manager to Execute an Agreement for the Purchase and Installation of Field Lighting from Musco Sports Lighting, LLC, for the Lighting Retrofit at Bayside Fields in the Amount of $491,298.06, City Project No. 87270 RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement for the purchase and installation of field lighting from Musco Sports Lighting, LLC, for the LED retrofit of the Bayside Fields in the amount of $491,298.06, pursuant to City Project No. 87270. BACKGROUND The existing Musco light fixture system for Bayside Fields is outdated and requires retrofitting to LED technology. Beginning in 2026, replacement parts for the fixtures will no longer be available. DISCUSSION Because the poles and related infrastructure for the Bayside Fields are Musco products, and because the City uses Musco lighting for its other field lighting systems in City parks, the most cost- effective and technically compatible solution is to purchase Musco products through Sourcewell, a cooperative purchasing group. In preparation for the project, staff had the non-Musco poles at Bayside Fields tested for structural soundness. Of the eight poles tested, two failed. Two poles will be replaced as part of this project. Musco determined that the remaining 113 Musco poles are structurally sound. Purchasing through Sourcewell is consistent with the City’s Purchasing Policy. Additionally, the newly installed LED fixtures are covered by Musco Sports Lighting, LLC, with a 25-year product assurance and warranty program that guarantees light levels, parts, and labor. This project includes the following: x Installation of 121 new fixtures, replacing the old fixtures x Installation of Ball Trackers for Arial Sports (Softball and Baseball) 223 LED Lighting Retrofit at Bayside Fields November 3, 2025 2 x Installation of 2 non-Musco poles Sourcewell is a purchasing cooperative authorized under the California Department of General Services Procurement Division for local government agencies. It serves as a conduit for leveraging competitively bid and previously awarded federal General Services Administration contracts. Sourcewell then establishes independent California contracts for the same products and services, ensuring that member agencies receive equal or lower pricing. The upgrade to LED lights will provide many benefits, including, but not limited to: x Better field lighting for improved playability x Reduced energy consumption for cost savings x Minimized glare and spill from the field lighting x Completed system design for better reliability FISCAL IMPACT The cost for the equipment and installation is $491,298.06, including contingencies. The City Council previously approved this project as part of the City’s Capital Improvement Program (CIP) in the FY 2025-26 budget and has adequate funds to complete the project. Exhibits: x Resolution x Agreement with Musco for the Bayside Fields LED Retrofit x Quote for the Bayside Fields LED Retrofit 224 RESOLUTION NO.________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MUSCO SPORTS LIGHTING, LLC, IN THE AMOUNT OF $491,298.06, FOR THE PURCHASE AND INSTALLATION OF FIELD LIGHTING FOR THE BAYSIDE FIELDS, CITY PROJECT NO. 87270 WHEREAS, the City of Burlingame has identified the need to retrofit the light fixtures at Bayside Fields; and WHEREAS, the Musco Sports Lighting, LLC, equipment and installations for this project can be purchased through Sourcewell, a government purchasing contract, for $491,298.06, consistent with the City’s Purchasing Policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The City Manager is authorized on behalf of the City of Burlingame to execute an agreement with Musco Sports Lighting, LLC, in the form attached hereto, for $491,298.06 for the purchase and installation of field lighting for the Bayside Fields. __________________________ 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 3rd day of November 2025, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: __________________________ Meaghan Hassel-Shearer, City Clerk 225 AGREEMENT TO PROVIDE CONTRACTUAL SERVICES BY MUSCO SPORTS LIGHTING, LLC TO THE CITY OF BURLINGAME THIS AGREEMENT TO PROVIDE CONTRACTUAL SERVICES [“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 Musco Sports Lighting, LLC [hereinafter “Contractor”], as of the 3rd day of November, 2025. RECITALS (A) City wishes to establish a contractual relationship with Contractor to provide services and materials; and (B) City has determined the exact nature, scope, or budget for these services and materials at this time; 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 installation of LED Field Lights and two new poles at Bayside Fields as outlined in Exhibit A. 2. Time of Performance. The services of the Contractor are to be available upon the execution of this Agreement until December 31, 2026. 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 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 226 Page 2 of 8 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; including base work up to Four Hundred Forty Six Thousand Six Hundred Thirty Four Dollars and Sixty cents ($446,634.60) and approved additional 10% contingencies as needed, not to exceed Four Hundred Ninety One Thousand Two Hundred Ninety Eight Dollars and Six cents ($491,298.06).Billing shall include current period and cumulative expenditures to date and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. 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 services 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. 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 Manager. The designated Project Manager for the City is Richard Holtz 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: Attn: Nicole Acquisti City of Burlingame Recreation Division 850 Burlingame Avenue Burlingame, CA 94010 (650) 558-7337 | nacquisti@burlingame.org To Contractor: Attn: Jasen Deniz Musco Sports Lighting, LLC 100 1st Avenue West-PO Box 808 227 Page 3 of 8 Oskaloosa, IA 52577 530-812-7022 | Jasen.Deniz@musco.com 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 this 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. 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. A. Minimum Scope of Insurance Coverage shall be at least as broad as: i. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form GC 0001). ii. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. iii. Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 228 Page 4 of 8 B. Minimum Limits of Insurance Contractor shall maintain limits no less than: i. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit ($2,000,000). ii. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. iii. Workers' Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. 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. D. Other Insurance Provision The policies are to contain, or be endorsed to contain the following provisions: 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. 229 Page 5 of 8 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 either 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. E. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. F. Verification of Coverage Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All 230 Page 6 of 8 coverages for subcontractors shall be subject to all of the requirements stated herein. 15. Indemnification. To the fullest extent permitted by law, 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, including but not limited to attorneys’ fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by the work performed by the Contractor, or by any of the Contractor's officers, employees, or agents or any subcontractor, under this Agreement, or by the presence or activities conducted at the site of the work to be performed under this Agreement of the Contractor or any of Contractor’s officers, employees, or agents or any subcontractor. The duty to defend under this paragraph is wholly independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor. The duty to defend arises immediately upon presentation of a claim by any party and written notice of the claim being provided to the Contractor. This paragraph shall not apply if the damage or injury is proximately caused by the sole 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. 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. 17. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement. 18. Termination. This Agreement may be terminated at any time by giving sixty (60) days written notice to the other party. Any work, services, or materials being performed or delivered at the time notice of termination of this Agreement is given shall be completed and paid for pursuant to this Agreement and California law. 231 Page 7 of 8 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. License. The undersigned is licensed in accordance with State Law providing for the registration of Contractors. No payment for work or material under this Contract will be made by City unless and until the City receives verification from the State Registrar of Contractors that the records of the Contractor’s State License Board indicate the Contractor was properly licensed at the time the Contract was awarded. Any Contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, an appropriate disciplinary action by the Contractor’s State License Board. In addition, failure of the Contractor to obtain and maintain proper and adequate licensing for the term of the Contract shall constitute a failure to execute or perform this Contract and shall result in the forfeiture of the security of the bidder. The representations made by Contractor regarding the license are under penalty of perjury. 24. Entire Agreement. This Agreement sets forth the entire understanding between the parties. 232 Page 8 of 8 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement on the date of_______________________. City of Burlingame Musco Sports Lighting, LLC 501 Primrose Road 100 1 st Avenue West –PO Box 808 Burlingame, CA 94010 Oskaloosa, IA 52577 _______________________________ ____________________________________ Lisa K. Goldman Print Name City Manager ____________________________________ Signature Approved as to form: __________________________________ Michael Guina, City Attorney ATTEST: _______ Meaghan Hassel-Shearer, City Clerk 233 Quote Quote 2016, 2025 Musco Sports Lighting, LLC • M-2168-enUS-17 1of 2 ĂƚĞ͗ϭϬͬϬϳͬϮϬϮϱ ĂLJƐŝĚĞWĂƌŬ^ŽĨƚďĂůů^ŽĐĐĞƌ YƵŝĐŬĨŝƚ džƉŝƌĂƚŝŽŶĚĂƚĞ͗ϭϮͬϬϳͬϮϬϮϱ WƌŽũĞĐƚηϮϬϬϭϱϵ ^ŽƵƌĐĞǁĞůů DĂƐƚĞƌWƌŽũĞĐƚ͗ϭϵϵϬϯϬ͕ŽŶƚƌĂĐƚEƵŵďĞƌ͗ϬϰϭϭϮϯͲD^>͕ džƉŝƌĂƚŝŽŶ͗ϬϲͬϭϲͬϮϬϮϳ ĂƚĞŐŽƌLJ͗^ƉŽƌƚƐůŝŐŚƚŝŶŐǁŝƚŚƌĞůĂƚĞĚƐƵƉƉůŝĞƐĂŶĚƐĞƌǀŝĐĞƐ ůůƉƵƌĐŚĂƐĞŽƌĚĞƌƐƐŚŽƵůĚŶŽƚĞƚŚĞĨŽůůŽǁŝŶŐ͗ ^ŽƵƌĐĞǁĞůůWƵƌĐŚĂƐĞʹ ŽŶƚƌĂĐƚEƵŵďĞƌ͗ϬϰϭϭϮϯͲD^> YƵŽƚĂƚŝŽŶWƌŝĐĞ ʹ DĂƚĞƌŝĂůƐĞůŝǀĞƌĞĚƚŽ:Žď^ŝƚĞĂŶĚ/ŶƐƚĂůůĂƚŝŽŶ ^ŽĨƚďĂůů &ŝĞůĚƐ ͬ^ŽĐĐĞƌYƵŝĐŬĨŝƚ ʹ ϭϮϭ ĨŝdžƚƵƌĞƐ ͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘Ψ ϰϭϱ͕ϲϭϳ͘ϬϬ ƐƚŝŵĂƚĞĚ^ĂůĞƐdĂdž;ϵ͘ϲϯйͿ ͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ ΨϯϬ͕ϳϯϮ͘ϲϬ dKd>͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘͘ Ψϰϰϲ͕ϲϯϰ͘ϲϬ ŽŶĚŝŶŐ ŝƐ ŶŽƚŝŶĐůƵĚĞĚ͘ YƵŽƚĞŝƐĐŽŶĨŝĚĞŶƚŝĂů͘WƌŝĐŝŶŐĂŶĚůĞĂĚƚŝŵĞƐĂƌĞĞĨĨĞĐƚŝǀĞĨŽƌϯϬĚĂLJƐ ŽŶůLJ͘WƌŝĐĞƐĂƌĞƐƵďũĞĐƚƚŽ ĐŚĂŶŐĞŝĨƚŚĞŽƌĚĞƌŝƐŶŽƚƌĞůĞĂƐĞĚǁŝƚŚŝŶϲϬĚĂLJƐĨƌŽŵƚŚĞƉƵƌĐŚĂƐĞĚĂƚĞ͘ YƵŝĐŬ&ŝƚΡ ^LJƐƚĞŵhƉŐƌĂĚĞŝŶĐůƵĚŝŶŐ/ŶƐƚĂůůĂƚŝŽŶ 'ƵĂƌĂŶƚĞĞĚ>ŝŐŚƚŝŶŐWĞƌĨŽƌŵĂŶĐĞ x ƋƵĂůƚŽŽƌŝŐŝŶĂůĚĞƐŝŐŶǀĂůƵĞƐ x /ŵƉƌŽǀĞĚŐůĂƌĞĐŽŶƚƌŽůŽǀĞƌĞdžŝƐƚŝŶŐƐLJƐƚĞŵ x ƵƚƐĞŶĞƌŐLJďLJĂƉƉƌŽdžŝŵĂƚĞůLJϱϬйYƵĂůŝĨŝĞƐĨŽƌ>ĨŽƌƵƚŝůŝƚLJƌĞďĂƚĞƉƌŽŐƌĂŵƐ x ĂůůdƌĂĐŬĞƌΠ ƚĞĐŚŶŽůŽŐLJʹ ƚĂƌŐĞƚĞĚůŝŐŚƚ͕ŽƉƚŝŵŝnjŝŶŐǀŝƐŝďŝůŝƚLJŽĨƚŚĞďĂůůŝŶƉůĂLJǁŝƚŚŶŽŐůĂƌĞŝŶƚŚĞƉůĂLJĞƌƐƚLJƉŝĐĂů ůŝŶĞͲŽĨͲƐŝŐŚƚ ^LJƐƚĞŵĞƐĐƌŝƉƚŝŽŶ x &ŝdžƚƵƌĞĨŽƌ&ŝdžƚƵƌĞƐǁĂƉ x ŽƌƌŽƐŝŽŶƉƌŽƚĞĐƚŝŽŶ ŽŶƚƌŽů^LJƐƚĞŵƐ ĂŶĚ^ĞƌǀŝĐĞƐ x ŽŶƚƌŽůƐĂǀĂŝůĂďůĞĂƐĂŶĂĚĚĞƌŽƉƚŝŽŶ ^ŚŽǁͲ>ŝŐŚƚ® ŶƚĞƌƚĂŝŶŵĞŶƚ^LJƐƚĞŵ ǁŝƚŚ ŽŶƚƌŽůͲ>ŝŶŬ®ŽŶƚƌŽůĂŶĚDŽŶŝƚŽƌŝŶŐ x EŽƚĂǀĂŝůĂďůĞĂƐĂŶĂĚĚĞƌ KƉĞƌĂƚŝŽŶĂŶĚtĂƌƌĂŶƚLJ^ĞƌǀŝĐĞƐ x ŽŵƉƌĞŚĞŶƐŝǀĞϭϬͲLJĞĂƌǁĂƌƌĂŶƚLJĐŽǀĞƌŝŶŐĂůůŵĂƚĞƌŝĂůƐ ĂŶĚŽŶƐŝƚĞůĂďŽƌʹ ĞůŝŵŝŶĂƚĞƐϭϬϬйŽĨŵĂŝŶƚĞŶĂŶĐĞĐŽƐƚƐ x tĂƌƌĂŶƚLJƐƚĂƌƚƐƚŚĞĚĂƚĞŽĨƐŚŝƉŵĞŶƚ ZĞƐƉŽŶƐŝďŝůŝƚŝĞƐŽĨƵLJĞƌ x ŽŶĨŝƌŵƉŽůĞ ŽƌůƵŵŝŶĂŝƌĞ ůŽĐĂƚŝŽŶƐ͕ƐƵƉƉůLJǀŽůƚĂŐĞĂŶĚƉŚĂƐĞƌĞƋƵŝƌĞĚĨŽƌůŝŐŚƚŝŶŐƐLJƐƚĞŵƉƌŝŽƌƚŽƉƌŽĚƵĐƚŝŽŶ x WƌŽǀŝĚĞĞůĞĐƚƌŝĐĂůĚĞƐŝŐŶĂŶĚŵĂƚĞƌŝĂůƐĨŽƌĞůĞĐƚƌŝĐĂůĚŝƐƚƌŝďƵƚŝŽŶƐLJƐƚĞŵ x ƵLJĞƌŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌŐĞƚƚŝŶŐĞůĞĐƚƌŝĐĂůƉŽǁĞƌƚŽƚŚĞƐŝƚĞ͕ĐŽŽƌĚŝŶĂƚŝŽŶǁŝƚŚƚŚĞƵƚŝůŝƚLJ͕ĂŶĚƉŽǁĞƌĐŽŵƉĂŶLJĨĞĞƐ WĂLJŵĞŶƚdĞƌŵƐ &ŝŶĂůƉĂLJŵĞŶƚƚĞƌŵƐĂƌĞƐƵďũĞĐƚƚŽĂƉƉƌŽǀĂůďLJDƵƐĐŽĐƌĞĚŝƚĚĞƉĂƌƚŵĞŶƚ͘ &ŝŶĂůƉĂLJŵĞŶƚƐŚĂůůŶŽƚďĞǁŝƚŚŚĞůĚďLJƵLJĞƌŽŶ ĂĐĐŽƵŶƚŽĨĚĞůĂLJƐďĞLJŽŶĚƚŚĞĐŽŶƚƌŽůŽĨDƵƐĐŽ͘ ŵĂŝůŽƌĨĂdžĂĐŽƉLJŽĨƚŚĞWƵƌĐŚĂƐĞKƌĚĞƌƚŽDƵƐĐŽ^ƉŽƌƚƐ>ŝŐŚƚŝŶŐ͕>>͗ DƵƐĐŽ^ƉŽƌƚƐ>ŝŐŚƚŝŶŐ͕>> ƚƚŶ͗DƵƐĐŽŽŶƚƌĂĐƚƐ &Ădž͗ϴϬϬͲϳϯϰͲϲϰϬϮ ŵĂŝů͗ŵƵƐĐŽ͘ĐŽŶƚƌĂĐƚƐΛŵƵƐĐŽ͘ĐŽŵ 234 Quote Quote 2016, 2025 Musco Sports Lighting, LLC • M-2168-enUS-17 2of 2 ůůWƵƌĐŚĂƐĞŽƌĚĞƌƐƐŚŽƵůĚŶŽƚĞƚŚĞĨŽůůŽǁŝŶŐ͗ ^ŽƵƌĐĞǁĞůůWƵƌĐŚĂƐĞʹ ŽŶƚƌĂĐƚEƵŵďĞƌ͗ϬϰϭϭϮϯͲD^> ĞůŝǀĞƌLJdŝŵŝŶŐ ϴͲ ϭϬǁĞĞŬƐ ĨŽƌĚĞůŝǀĞƌLJŽĨŵĂƚĞƌŝĂůƐƚŽƚŚĞũŽďƐŝƚĞĨƌŽŵƚŚĞƚŝŵĞŽĨŽƌĚĞƌ͕ƐƵďŵŝƚƚĂůĂƉƉƌŽǀĂů͕ĂŶĚĐŽŶĨŝƌŵĂƚŝŽŶŽĨŽƌĚĞƌ ĚĞƚĂŝůƐŝŶĐůƵĚŝŶŐǀŽůƚĂŐĞ͕ƉŚĂƐĞ͕ĂŶĚƉŽůĞͬůƵŵŝŶĂŝƌĞ ůŽĐĂƚŝŽŶƐ͘ ^ĐŽƉĞŽĨtŽƌŬ x /ŶƐƚĂůůĂƚŝŽŶŽĨ&ŝdžƚƵƌĞĨŽƌ&ŝdžƚƵƌĞƌĞƉůĂĐĞŵĞŶƚ x /ŶƐƚĂůůĂƚŝŽŶŽĨĂůůdƌĂĐŬĞƌƐĨŽƌƌŝĂů^ƉŽƌƚƐ;^ŽĨƚďĂůůͿ x /ŶƐƚĂůůĂƚŝŽŶŽĨϮŶŽŶͲDƵƐĐŽƉŽůĞƐ EŽƚĞƐ YƵŽƚĞŝƐďĂƐĞĚŽŶ ĨŽůůŽǁŝŶŐĐŽŶĚŝƚŝŽŶƐ͗ x ^ŚŝƉŵĞŶƚŽĨĞŶƚŝƌĞƉƌŽũĞĐƚƚŽŐĞƚŚĞƌƚŽŽŶĞůŽĐĂƚŝŽŶ͘ x sŽůƚĂŐĞĂŶĚƉŚĂƐĞƐLJƐƚĞŵƌĞƋƵŝƌĞŵĞŶƚƐƚŽďĞĐŽŶĨŝƌŵĞĚ͘ x ^ƚƌƵĐƚƵƌĂůĐŽĚĞĂŶĚǁŝŶĚƐƉĞĞĚсϮϬϮϮ ͕ϵϱ ŵŝͬŚ͕ džƉŽƐƵƌĞ͕/ŵƉŽƌƚĂŶĐĞ&ĂĐƚŽƌ ϭ͘Ϭ͘ x ƵĞƚŽƚŚĞďƵŝůƚͲŝŶĐƵƐƚŽŵůŝŐŚƚĐŽŶƚƌŽůƉĞƌůƵŵŝŶĂŝƌĞ͕ ƉŽůĞ ŽƌůƵŵŝŶĂŝƌĞ ůŽĐĂƚŝŽŶƐŶĞĞĚƚŽďĞĐŽŶĨŝƌŵĞĚƉƌŝŽƌƚŽ ƉƌŽĚƵĐƚŝŽŶ͘ŚĂŶŐĞƐƚŽƉŽůĞ ŽƌůƵŵŝŶĂŝƌĞ ůŽĐĂƚŝŽŶƐĂĨƚĞƌƚŚĞƉƌŽĚƵĐƚŝƐƐĞŶƚƚŽƉƌŽĚƵĐƚŝŽŶĐŽƵůĚƌĞƐƵůƚŝŶĂĚĚŝƚŝŽŶĂů ĐŚĂƌŐĞƐ͘ x ^ƚĂŶĚĂƌĚƐŽŝůĐŽŶĚŝƚŝŽŶƐʹ ƌŽĐŬ͕ďŽƚƚŽŵůĞƐƐ͕ǁĞƚ͕ ŽƌƵŶƐƵŝƚĂďůĞƐŽŝůŵĂLJƌĞƋƵŝƌĞĂĚĚŝƚŝŽŶĂůĞŶŐŝŶĞĞƌŝŶŐ͕ƐƉĞĐŝĂů ŝŶƐƚĂůůĂƚŝŽŶŵĞƚŚŽĚƐĂŶĚĂĚĚŝƚŝŽŶĂůĐŽƐƚ͘ dŚĂŶŬLJŽƵĨŽƌĐŽŶƐŝĚĞƌŝŶŐDƵƐĐŽĨŽƌLJŽƵƌůŝŐŚƚŝŶŐŶĞĞĚƐ͘WůĞĂƐĞĐŽŶƚĂĐƚŵĞǁŝƚŚĂŶLJƋƵĞƐƚŝŽŶƐ ŽƌŝĨLJŽƵŶĞĞĚĂĚĚŝƚŝŽŶĂů ĚĞƚĂŝůƐ͘ :ĂƐĞŶĞŶŝnj ^ĂůĞƐZĞƉƌĞƐĞŶƚĂƚŝǀĞ DƵƐĐŽ^ƉŽƌƚƐ>ŝŐŚƚŝŶŐ͕>> WŚŽŶĞ͗ϱϯϬͲϴϭϮͲϬͲϳϬϮϮ ͲŵĂŝů͗:ĂƐĞŶ͘ĞŶŝnjΛŵƵƐĐŽ͘ĐŽŵ 235 1 STAFF REPORT AGENDA NO: 9i MEETING DATE: November 3, 2025 To: Honorable Mayor and City Council Date: November 03, 2025 From: Alyssa Diaz, Executive Assistant – (650) 558-7204 Subject: Open Nomination Period to Fill a Vacancy (Burlingame Representative) on the San Mateo County Mosquito and Vector Control District Board of Trustees RECOMMENDATION Staff recommends that the City Council call for applications to fill one vacancy on the San Mateo County Mosquito and Vector Control District Board. The vacancy is due to the expiring term of Board Member Rena Gilligan. The recommended due date is December 05, 2025. This will allow applicants to attend the November 12, 2025, Mosquito and Vector Control District Board meeting. BACKGROUND All past applicants on the two-year waitlist will be informed of the vacancy. 236 1 STAFF REPORT AGENDA NO: 10a MEETING DATE: November 3, 2025 To: Honorable Mayor and City Council Date: November 3, 2025 From: Tamar Burke, Assistant City Attorney – (650) 558-7275 Subject: Call for Review of Public Works Director’s Decision Concerning Encroachment Permit at 1151 Rosedale Avenue Pursuant to Burlingame Municipal Code Section 12.10.060 RECOMMENDATION Staff recommends that the City Council conduct a public hearing, consider all oral and written testimony received during the hearing, and following closure of the hearing and deliberations, determine whether to uphold or overturn the Public Works Director’s denial of the Encroachment Permit application at 1151 Rosedale Avenue. BACKGROUND In December 2023, the property owners at 1151 Rosedale Avenue, Dhruv Batura and Priya Takiar (“Owners”), applied for a building permit to construct certain landscaping and fence improvements on their property (“Building Permit”.) The application showed the proposed improvements as being on or within the Owners’ property lines. The City issued the Building Permit in January 2024. The improvements – (1) a fence along the Rosedale frontage connected by two stone fence pillars, and (2) a solid wooden fence, landscaping, and pavers along the Westmore frontage – were completed shortly thereafter. In April 2024, City staff inspected the site and determined that the improvements on both the Rosedale and Westmore frontages were erected within the City’s right of way, outside of the Owners’ property lines. Moreover, City staff identified a City sanitary sewer cleanout on City property, located within the Owners’ newly erected fence along the Westmore frontage. Beginning in April 2024 and through 2025, City staff met with the Owners and their agents to discuss the encroachments. On February 27, 2025, the City issued a Notice of Violation, alleging noncompliance with the City’s encroachment permit requirements. Subsequently, the Owners moved the fence along the Rosedale frontage to their property line; however, the two stone fence pillars remain on the City’s right of way on Rosedale Avenue. Thus, the remaining encroachments within the City’s right of way include: (1) two stone fence pillars along the Rosedale frontage; and (2) a solid wooden fence, landscaping, and pavers along the Westmore frontage. In July 2025, the Owners submitted a complete application for an encroachment permit authorizing the stone pillars on the Rosedale frontage as well as the structures on the Westmore frontage 237 1151 Rosedale Encroachment Permit Appeal November 3, 2025 2 (fence, landscaping, and pavers). On July 29, 2025, the Director of Public Works made the following decisions: 1. The Public Works Director granted the application as to the two stone fence pillars on the Rosedale frontage for a period of five years. 2. The Director denied the application as to the improvements along Westmore – a wooden fence, landscaping, and pavers. The Owners’ encroachment permit application and the Public Works Director’s determination are both discussed in detail and included as exhibits to the Parties’ briefs, included with this staff report. The Owners timely appealed the Public Works Director’s “denial of [their] request for both the Rosedale and Westmore sides.” The Owners’ notice of appeal is included with City staff’s brief as Exhibit Y. DISCUSSION The Burlingame Municipal Code (“BMC”) states that “[n]o person without first obtaining a permit shall construct or place an encroachment within, on, over, or under a right of way of the City.” (BMC § 12.10.020.) An encroachment includes “any paving, tower, pole, . . . fence. . . or any other structure of object of any kind.” (Id.) The BMC vests the Public Works Director (“Director”) with authority to “grant the request for an encroachment permit in whole or in part, subject to such conditions as the [Director] may determine are necessary for the health, safety, and general welfare of the public.” (BMC § 12.10.040(a).) An applicant may appeal any decision of the Director to the City Council by submitting notice of the appeal within five days of the Director’s decision. (BMC § 12.10.050.) At the hearing, the City Council “shall make its order approving, modifying, or reversing the action” of the Director. (BMC § 12.10.060.) The decision of the City Council is final and conclusive. (Id.) The Owners and City staff have each submitted detailed briefs and exhibits detailing their arguments and positions for the City Council’s consideration. Because the Municipal Code grants the Council the authority to “make any order approving, modifying, or reversing” the Director’s action, the City Council has broad discretion to craft a resolution of this appeal. Staff has drafted several potential Resolutions for Council adoption or for direction regarding modification, described below: 1. The Council may deny the appeal, approving the Director’s decision, as illustrated in Alternate Resolution No. 1. a. With this decision, the Director’s decision stands. The Owners would be permitted to maintain the two stone fence pillars on the Rosedale frontage for five years but would be required to remove all encroachments along the Westmore frontage. 2. The Council may modify the Director’s decision, as illustrated in Alternate Resolution No. 2. a. The Council has discretion to modify any or all of the Director’s decisions in the denial of Owners’ encroachment permit application. 238 1151 Rosedale Encroachment Permit Appeal November 3, 2025 3 3. The Council may grant the appeal, reversing the Director’s determination, as illustrated in Alternate Resolution No. 3. a. The Council may grant the Owners’ appeal. FISCAL IMPACT There is no expected fiscal impact associated with this item. Exhibits: x Exhibit 1: Appellant, Owners’, brief and exhibits x Exhibit 2: Respondent, City Staffs’, brief and exhibits x Alternative Resolution No. 1 – Denying Appeal and Approving Public Works Director’s Decision x Alternative Resolution No. 2 – Modifying Public Works Director’s Decision x Alternative Resolution No. 3 – Granting Appeal and Reversing Public Works Director’s Decision 239 [ALTERNATE RESOLUTION No.1] 1 RESOLUTION OF THE CITY COUNCIL OF CITY OF BURLINGAME DENYING THE APPEAL OF THE PUBLIC WORKS DIRECTOR’S DECISION ON AN ENCROACHMENT PERMIT APPLICATION AT 1151 ROSEDALE AVENUE AND APPROVING THE PUBLIC WORKS DIRECTOR’S DECISION THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows: WHEREAS,on July 11, 2025, the property owners (“Owners”) at 1151 Rosedale Avenue (“Property) submitted a complete application for the following encroachments erected in the public right of way: 1. Two stone fence pillars on the Rosedale Avenue frontage of the Property; and 2. A solid wooden fence, landscaping, and pavers along the Westmore Road frontage of the Property. WHEREAS,on July 29, 2025, pursuant to the authority granted to him by Burlingame Municipal Code section 12.10.040, the Public Works Director granted in part and denied in part the Owners’encroachment permit application; and WHEREAS,the Public Works Director granted, in part, the request for encroachments along the Rosedale Avenue frontage, permitting the Owners to retain the encroachments thereon for a period of five years; and WHEREAS,the Public Works Director denied the encroachment permit application as to all encroachments along the Westmore Road frontage of the Property; and WHEREAS,on August 4, 2025, pursuant to Burlingame Municipal Code section 12.10.050, the Owners filed a timely appeal as to both aspects of the Public Works Director’s determinations; and WHEREAS,on November 3, 2025, the City Council conducted a duly noticed public hearing to consider the Owners’ appeal of the Public Works Director’s decision; and WHEREAS,as a result of the oral and written testimony presented at the November 3, 2025, public hearing, as well as the analysis in the staff report, Owners’brief and exhibits, and Respondent’s brief and exhibits, the City Council hereby denies the Owners’ appeal and approves the Public Works Director’s decision, finding the following: Encroachments on Rosedale Frontage Findings to be determined following public hearing and examination of all evidence Encroachments on Westmore Frontage Findings to be determined following public hearing and examination of all evidence 240 [ALTERNATE RESOLUTION No.1] 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame that the Owners’ appeal of the Public Works Director’s decision regarding the encroachment permit application at 1151 Rosedale Avenue is denied,and the Public Works Director’s decision is approved and shall be enforced in accordance with the findings set forth above. NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. Peter Stevenson, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 3rd day of November, 2025 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel-Shearer, City Clerk 241 [ALTERNATE RESOLUTION NO. 2] 1 RESOLUTION OF THE CITY COUNCIL OF CITY OF BURLINGAME MODIFYING THE PUBLIC WORKS DIRECTOR’S DECISION ON THE ENCORACHMENT PERMIT APPLICATION AT 1151 ROSEDALE AVENUE THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows: WHEREAS,on July 11, 2025, the property owners (“Owners”) at 1151 Rosedale Avenue (“Property) submitted a complete application for the following encroachments erected in the public right of way: 1. Two stone fence pillars on the Rosedale Avenue frontage of the Property; and 2. A solid wooden fence, landscaping, and pavers along the Westmore Road frontage of the Property. WHEREAS,on July 29, 2025, pursuant to the authority granted to him by Burlingame Municipal Code section 12.10.040, the Public Works Director granted in part and denied in part the Owners’encroachment permit application; and WHEREAS,the Public Works Director granted, in part, the request for encroachments along the Rosedale Avenue frontage, permitting the Owners to retain the encroachments thereon for a period of five years; and WHEREAS,the Public Works Director denied the encroachment permit application as to all encroachments along the Westmore Road frontage of the property; and WHEREAS,on August 4, 2025, pursuant to Burlingame Municipal Code section 12.10.050, the Owners filed a timely appeal as to both aspects of the Public Works Director’s decision; and WHEREAS,on November 3, 2025, the City Council conducted a duly noticed public hearing to consider the Owners’ appeal of the Public Works Director’s decision; and WHEREAS,as a result of the oral and written testimony presented at the November 3, 2025, public hearing, as well as the analysis in the staff report, Owners’brief and exhibits, and Respondent’s brief and exhibits,the City Council hereby modifies the Public Works Director’s decision, as follows: Encroachments on Rosedale Avenue Frontage Findings and modifications to be determined following public hearing and examination of all evidence Encroachments on Westmore Road Frontage Findings and modifications to be determined following public hearing and examination of all evidence 242 [ALTERNATE RESOLUTION NO. 2] 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame that following the Owners’ appeal of the Public Works Director’s decision regarding the encroachment permit application at 1151 Rosedale Avenue, the Public Works Director’s decision is modified as set forth herein. NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. Peter Stevenson, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 3rd day of November, 2025, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel-Shearer, City Clerk 243 [ALTERNATE RESOLUTION NO. 3] 1 RESOLUTION OF THE CITY COUNCIL OF CITY OF BURLINGAME GRANTING THE APPEAL OF THE PUBLIC WORKS DIRECTOR’S DENIAL OF AN ENCROACHMENT PERMIT APPLICATION AT 1151 ROSEDALE AVENUE AND REVERSING THE PUBLIC WORKS DIRECTOR’S DECISION THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows: WHEREAS,on July 11, 2025, the property owners (“Owners”) at 1151 Rosedale Avenue (“Property) submitted a complete application for the following encroachments erected in the public right of way: 1. Two stone fence pillars on the Rosedale Avenue frontage of the Property; and 2. A solid wooden fence, landscaping, and pavers along the Westmore Road frontage of the Property. WHEREAS,on July 29, 2025, pursuant to the authority granted to him by Burlingame Municipal Code section 12.10.040, the Public Works Director granted in part and denied in part the Owners’encroachment permit application; and WHEREAS,the Public Works Director granted, in part, the request for encroachments along the Rosedale Avenue frontage of the Property, permitting the Owners to retain the encroachments thereon for a period of five years; and WHEREAS,the Public Works Director denied the encroachment permit application as to all encroachments along the Westmore Road frontage of the Property; and WHEREAS,on August 4, 2025, pursuant to Burlingame Municipal Code section 12.10.050, the Owners filed a timely appeal as to both aspects of the Public Works Director’s decision; and WHEREAS,on November 3, 2025, the City Council conducted a duly noticed public hearing to consider the Owners’ appeal of the Public Works Director’s decision; and WHEREAS,as a result of the oral and written testimony presented at the November 3, 2025, public hearing, as well as the analysis in the staff report, Owners’brief and exhibits, and Respondent’s brief and exhibits, the City Council hereby grants the Owners’appeal and reverses the Public Works Director’s decision, finding the following: Encroachments on Rosedale Frontage Findings to be determined following public hearing and examination of all evidence Encroachments on Westmore Frontage Findings to be determined following public hearing and examination of all evidence 244 [ALTERNATE RESOLUTION NO. 3] 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame that the Owners’ appeal of the Public Works Director’s decision regarding the encroachment permit application at 1151 Rosedale Avenue is granted, as indicated in the findings above, and the Public Works Director’s decision is reversed. NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. Peter Stevenson, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 3rd day of November, 2025, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel-Shearer, City Clerk 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 October 28, 2025 Mayor Stevenson, Vice Mayor Brownrigg, & Burlingame City Councilmembers Burlingame City Hall 501 Primrose Road Burlingame, CA 94010 Re: November 3, 2025 Hearing re: Appeal of Denial of Special Encroachment Permit at 1151 Rosedale Avenue, Burlingame, CA Dear Mayor Stevenson, Vice Mayor Brownrigg, and Burlingame City Councilmembers: Please accept this letter brief on behalf of the Public Works Director (the “Director”) and City Staff (“Staff”) regarding the appeal of the Director’s decision on an application for a Special Encroachment Permit at 1151 Rosedale Avenue, Burlingame, CA (the “Property”). Based on the following, the Council should deny this appeal and deny any and all encroachments into the City's right-of- way. In the alternative, the Council should deny the appeal and uphold the Director’s decision on the Application. INTRODUCTION This appeal arises from a Special Encroachment Permit application (“Application”) at the Property, located at the corner of Rosedale Avenue and Westmoor Road. On July 29, 2025, the Director granted the portion of the Application pertaining to the Rosedale Avenue frontage and allowed for placement of two stone pillars in the City’sright-of-way; and the Director also denied the Application with respect to the Westmoor Road frontage regarding placement of a solid wooden fence, concrete patio, and other landscaping elements within the City’s right-of-way. The Property is owned by Ms. Priya Takiar and Mr. Dhruv Batura (together, the “Applicants”), who now appeal the Director’s entire decision under Burlingame Municipal Code § 12.10.050. In 2023, the Applicants obtained an over-the-counter building permit from the City’s Building Division to construct a fence and other landscaping improvements at the Property. The Applicants’ submitted plans that showed the fence and landscaping improvements within the property line. Based on the Applicants’ plans and representations showing their improvements on their Property, Staff issued the permit. However, once construction began, the Applicants’ fence and improvements were built beyond the property line and into the City’s right-of-way (“ROW”) on both the Rosedale Avenue and Westmoor Road frontages —effectively enlarging the Applicants’ corner lot by taking City property on both streets. Specifically, the Applicants built a fence and two stone columns in the ROW on the Rosedale side. In the ROW on the Westmoor side, the Applicants built a fence and a concrete patio with adjacent lawn and other greenery. In 2024, Staff met and exchanged a series of emails with the Applicants to discuss moving the improvements out of the City’s ROW and back onto the Property. Staff maintained the utmost professionalism and courtesy during this process but the Applicants refused to comply and expected Staff to turn a blind eye. The City issued a Notice of Violation on February 27, 2025 but instead of pursuing administrative citations and fines, Staff again met with the Applicants to discuss a Special Encroachment Permit application. The Applicants submitted a completed Application in July 2025. Regarding the Westmoor side of the Property, their Application failed to address the public nuisance and sidewalk access and obstruction issues, and the Applicants’ proposal still resulted in a loss of publicly owned property enclosed behind their fence. On the Rosedale side, the Applicants had already 294 Letter Brief of City Staff Administrative Appeal - 1151 Rosedale Avenue Page 2 removed the fence out of the City ROW by the time of their Application. Thus, the Applicants submitted their Application for the two stone columns on the Rosedale side. On July 29, 2025, after a comprehensive evaluation of the Application and other documents, and considering the potential hardship to the Applicants arising from immediately removing the two stone columns, the Director granted the Application for the two stone columns on the Rosedale side for a period of five (5) years and subject to other conditions. The Director also denied the Application pertaining to the landscaping, fencing, concrete patio, and other improvements on the Westmoor side. The Applicants then filed this administrative appeal challenging all aspects of the Director’s decision, including the granting of the Application for the two stone columns. For the reasons set forth below, Staff recommends that the Council deny this Appeal and deny the Application in its entirety, thus prohibiting any encroachment on Rosedale Avenue and Westmoor Road. The facts, including but not limited to the physical characteristics and features of the improvements contemplated in the Application, the applicable law under the state Constitution, California Civil Code, and City’s municipal code, and the risks of liability and to public safety support the denial of this Appeal and denial of the Application in its entirely. Alternatively, the Council may decide to deny this Appeal and uphold the Director’s decision to deny the Application as to the Westmoor encroachments and grant the Application as to the two stone columns within the Rosedale ROW. STATEMENT OF FACTS The Property & the City’s ROW The Property is a corner lot located at 1151 Rosedale Avenue, at Westmoor Road, in Burlingame, CA. The City owns Rosedale Avenue and Westmoor Road in fee by virtue of dedication from the original subdivider (developer). (See Exhibit A, p. 1). The width of the City’s ROW over Rosedale Avenue and Westmoor Road are the same: both are 50 feet wide in total, comprised of 11.5 feet on both sides for sidewalk and curb purposes plus 27 feet in between for street pavement/vehicular traffic. (See Exhibits B & C.) Renovations, Additions, and Fence and Landscape Improvements at the Property In 2021, the previous owner obtained a building permit for renovation and addition to the structure at the Property. (See Exhibits D and E, Permit No. B21-0237 and Site Plan.) Then in December 2023, the Applicants purchased and moved to the Property. Shortly thereafter, the Applicants submitted a building permit application for fence and landscaping improvements in their front yard (facing Rosedale Avenue) and their side yard (facing Westmoor Road). The Applicants’ landscape plan submitted with their application showed the fence, patio, and landscaping improvements within the property line and not on the City’s ROW. (See Exhibit F.) The landscape plan was prepared by and bore the stamp of the Applicants’ civil engineer, Toaw C. Phan, License No. 92691. (Id.) On January 23, 2024, the City issued Permit No. B23-0785 based on the representations in the Applicants’ submissions, including the landscape plan showing the improvements entirely within the property line. (See Exhibit G – Building Permit No. B23-0785.) Inspections and Code Enforcement In April 2024, Staff visited the Property for an inspection and determined that the improvements were constructed over the property line and into the City’s ROW. (See Exhibits H-N – Photos taken by Public Works Inspector F. Dollard.) Specifically, two stone columns and a fence encroach by 2 feet, 11 inches into the ROW on the Rosedale side. On the Westmoor side, the fence, concrete patio, and landscaping improvements encroach by 5 feet, 7 inches into the ROW. (See Exhibit O – aerial photo.) 295 Letter Brief of City Staff Administrative Appeal - 1151 Rosedale Avenue Page 3 In addition, the fence includes a hinged door that opens toward the sidewalk, which impedes foot traffic, forces wheelchair users and strollers into the street, and presents the risk of bodily injury and property damage. (See Exhibit N.) Also, the fence on the Westmoor side had been built so far into the City’s ROW that a City-owned sewer cleanout facility is now inaccessible because it is behind the fence. (Exhibits H and O.)1 Various meetings and emails followed in 2024 and 2025 in which Staff kindly requested the Applicants to realign the fence and relocate the other improvements back within the property line. Throughout this process, Staff maintained professionalism and respect. (See Exhibits P-T.) The Applicants, nevertheless, disputed the City’s position, blamed Staff for the mistakes in the landscaping plan, and then asked for an exception or deviation from the approved landscape plan. (See Exhibits P and Q – Email chain between Applicants and Director S. Murtuza.) The Director explained that the City could not grant a deviation because the improvements were now constructed on public property and prevented access to City-owned facilities and presented a risk of liability to the City. (See Exhibits R & S – May 8 and 24, 2024 letters, respectively.) The Director also noted that the City originally approved the Applicants’ building permit because their plans showed the landscaping improvements within the property line and the City reasonably relied on the Applicants’ plan stamped by the Applicants’ licensed civil engineer. (Id.) It was the Applicants’ landscape plan and measurements therein that were inaccurate and the fault was with their civil engineer, not Staff. The Director further noted that proceeding with completion of the fence and other improvements would result in a code violation and enforcement. Staff attempted to bring the Applicants into compliance as to the illegally encroaching fence, columns, concrete patio, and other elements. However, the Applicants remained intransigent and on February 27, 2025, the Director sent to the Applicants a Notice of Violation and Order to Abate, citing violations of Burlingame Municipal Code (“BMC”) §12.10.020 (See Exhibit T.) Application for Special Encroachment Permit Further meetings between Staff and the Applicants followed and the Applicants stated their intention to apply for a Special Encroachment Permit under BMC Chapter 12.10. On May 16, 2025, Public Works Inspector Francis Dollard met with the Applicants at the Property to discuss, inter alia, the encroaching improvements and the sewer cleanout still located behind the Westmoor fence. By this time, the Applicants had removed the fence on the Rosedale side and thus the only encroaching elements on that side were the two stone columns. Mr. Dollard provided guidance on how to apply for a Special Encroachment Permit. The Applicants also asked how much clearance (i.e., setback) around the sewer cleanout the City needed to access that facility. Because sewer cleanouts are always located within the public ROW and thus are typically unobstructed, Staff could not provide a good faith estimate on a minimum setback. That is because Staff has no prior frame of reference. Aside from that question, the Applicants had no other inquiries. Staff offered no suggestions on any fence realignment or re-location of any landscaping or patio elements, as it was incumbent on the Applicants to propose a solution to their encroachments. On June 5, 2025, the Applicants submitted their Application, which attached rudimentary drawings that did not identify the location of the house, fence, concrete patio, sewer cleanout, and other landscaping elements vis-à-vis the property line and the City’s ROW. (See Exhibit U.) Thus, Staff 1 A sewer cleanout consists of a pipe and other fixtures in a box recessed into the ground. Sewer cleanouts in the City of Burlingame are owned and maintained by the City. The sewer cleanout acts as an access and connection point between home plumbing and the City’s sewer main. Unobstructed and clear access to the sewer cleanout is essential for both routine maintenance and for emergency response by Staff to address potential sewage blockages in the pipeline and to prevent sewage overflow and contamination in both public and private properties, and to prevent potential violations of the California Regional Water Quality Control Board regulations. 296 Letter Brief of City Staff Administrative Appeal - 1151 Rosedale Avenue Page 4 deemed the Application incomplete and sent the Applicants a Notice of Incomplete Application on June 20, 2025. (See Exhibit V.) On July 11, 2025, the Applicants resubmitted their Application with the required information and an aerial depiction of the Property that showed the house, fence, concrete patio, sewer cleanout, and elements in relation to the property line and the ROW. (See Exhibit W.) The Applicants offered two fence realignments for the Westmoor side of the Property: one with a 1- foot setback around the sewer cleanout and another with a 4-foot setback. (Id.) In both options, the concrete patio and most of the fence remained unchanged (including the door that opens onto the sidewalk). (Id.; Exhibit N.) After careful and diligent review of the resubmitted Application, as well as the active building permit (no. B23-0785) for the landscaping and fence, the Director made the following determinations: On the Rosedale side of the Property, the Director GRANTED the Application with respect to the two stone columns located within the City’s ROW for five (5) years and subject to other conditions. On the Westmoor side, the Director DENIED the Application for the following reasons: 1. The fence presents a public nuisance because it prevents public access and usage of the portion of City’s ROW located and enclosed behind the fence. Also, the fence included a door that opens outwards toward the sidewalk. When opened, the door obstructs free and clear public passage on the sidewalk and presents the risk of harm to persons and property. Also, the door, when opened, creates a barrier to accessibility to disabled persons traveling on the sidewalk. (See Exhibit N.) 2. The fence continued to enclose significant portions of the City’s ROW for the Applicants’ exclusive, private use and enjoyment to the exclusion of the City and public. If the City were to permit this encroachment, the City would be enlarging the Applicants’ lot by making an unlawful gift of public property. 3. The proposed setbacks around the sewer cleanout do not provide the City with sufficient clearance. As such, the City’s ability to use, access, and repair the sewer cleanout, as well as use the ROW for equipment staging, are impaired. There also is a risk of damage to the Applicants’ fence improvements, patio, and other landscaping elements when the City uses and accesses the sewer cleanout. (See Exhibit X.) The Applicants appealed the Director’s entire decision under BMC § 12.10.050. (See Exhibit Y.) Pursuant to BMC § 12.10.060, the Council hears the appeal and its decision is final and conclusive. Deliberate Additional Encroachments within the City’s ROW after the Director’s Decision On October 17, 2025, Public Works Inspector Dollard conducted a visual inspection of the Property and observed newly added landscaping elements within the City’s ROW on the Rosedale and Westmoor sides. (See Exhibits Z-1 to Z-8.)2 These new plants, shrubs, and other greenery were not part of the Application, were not in place when Mr. Dollard met with the Applicants on May 16, 2025, 2 Notably, Exhibit Z-6 shows that the Westmoor fence encroaches so far into the City’s ROW that the fence abuts the water meter and obstructs Staff’s free and clear access to the meter. And once the shrubs around water meter grow and mature, they will also cover and obstruct access to the meter. 297 Letter Brief of City Staff Administrative Appeal - 1151 Rosedale Avenue Page 5 and are additional unpermitted encroachments. The placement of these new landscaping elements is a deliberate act to flout the City’s municipal code and the permit application process, as well as a defiant act in response and contrast to Staff’s professionalism. ANALYSIS IN SUPPORT OF DENYING THIS APPEAL AND THE APPLICATION This Appeal Should Be Denied Because the Improvements on the Westmoor Side Present a Public Nuisance and Safety Hazard. The Council should deny this appeal because the fence on the Westmoor side presents a public nuisance and safety hazard. California Civil Code section 3479 and the Burlingame Municipal Code both define a nuisance as anything which is dangerous or injurious to health or safety, or an obstruction to the free use of property, or unlawfully obstructs the free passage of use of any street. (Civ. Code § 3479; BMC § 1.16.010.) The Applicants’ fence on the Westmoor side is a public nuisance because it obstructs the City’s use of and access to the City-owned ROW. A significant portion of the ROW on the Westmoor side is now enclosed behind the fence so that the City cannot use or access that area, or make any public improvements therein. Moreover, the door built into the fence obstructs free passage and use of the sidewalk for pedestrians and presents the danger of injury to persons and property. The door also obstructs and prevents safe passage on the sidewalk for people with disabilities, persons with strollers or carts, and anyone carrying large items. For example, a wheelchair or stroller would have to go into the road in order to get around the door. (See Exhibit N.) Further, the fence is built above and abuts the water meter and obstructs access to the meter. (See Exhibit Z-6.) The fence and door on the Westmoor side are an unlawful and impermissible public nuisance and the Director was correct to deny the Application with regard to those improvements. This Appeal Should Be Denied; Otherwise, the City Would Be Making an Unlawful Gift of Public Property for the Applicants’ Exclusive Use and Enjoyment with No Legitimate Public Purpose. To allow the fence on the Westmoor side to enclose portions of the City-owned ROW would result in an unlawful and unconstitutional gift of public property. Article XVI, section 6 of the state constitution prohibits public agencies (like the City) from making any gift of public money or thing of value, unless given for a public purpose. (Cal. Const., art. XVI, § 6; see County of Alameda v. Janssen (1940) 16 Cal.2d 276, 281; West Contra Costa Unified Sch. Dist. v. Superior Court (2024) 103 Cal.App.5th 1243, 1255-56.) Here, a significant portion of the City’s ROW on the Westmoor side is enclosed behind the fence for the private use and enjoyment of the Applicants. Also, a significant portion of the ROW is paved over for the Applicants’ use as their private patio. That portion of the ROW is valuable public property. If the fence and concrete patio are allowed to encroach onto the ROW, the Applicants’ lot would be enlarged and made more valuable to the detriment of the public. There is no legitimate public purpose in gifting that asset and enriching private owners, especially where the Applicants’ motivation is to create more usable space in their yard for their own personal benefit. The Applicants’ Proposed Clearance for the Sewer Cleanout Would Expose the City to an Unacceptable Risk of Property Damage and Liability. The Applicants’ alternative setbacks of 1-foot and 4-feet around the sewer cleanout present an unacceptable liability exposure to the City. Sewer cleanouts throughout the City are placed within the City’s ROW, which allows for free use and access for maintenance and repair activities without risk of damage to private property. Here, the Applicants propose de minimis setbacks that would not allow Staff open and free access to the City-owned sewer cleanout on Westmoor Road, nor sufficient room for equipment staging. Moreover, the sewer cleanout’s proximity to already encroaching landscaping 298 Letter Brief of City Staff Administrative Appeal - 1151 Rosedale Avenue Page 6 elements—including but not limited to the fence, patio, underground drip irrigation lines, and newly planted shrubs and greenery—create a risk of damage to those elements when the City performs any work in and around its sewer cleanout. If Staff damages those elements while accessing, performing work on, and/or maintaining the City’s sewer cleanout, the Applicants may then file a claim for money and damages against the City. The Director rightly identified these risks as unacceptable exposures to liability for property damage. Additionally, any obstruction and/or delay in access to the sewer cleanout could result in catastrophic property damage for which the City could be liable. In the event of a backup, Staff must quickly access the sewer cleanout to stop potential or ongoing overflow. If not acted upon immediately—because of an obstruction or inaccessibility due to the encroachments—sewer overflow would cause contamination and damage to the home and adjacent properties. This scenario exposes the City to substantial liability, which can be avoided by ensuring that the City’s sewer cleanout is readily accessible from Westmoor Road, without any obstruction, impediments, or encroachments. In view of these unacceptable exposures to liability, the Council should deny any encroachments into the City’s ROW on Westmoor Road. The Council Should Deny the Application for the Two Stone Columns on the Rosedale Side. Although the Director granted the Application with respect to the two stone columns on the Rosedale Side for a period of five years, the Applicants have appealed that decision. As such, Staff requests that the Council deny the encroachment for the two stone columns. Doing so is within the Council’s prerogative in this appeal and warranted in view of the Applicants’ misrepresentations in their landscaping plans, persistent refusal to accept the City’s authority over public property, and treatment of Staff despite the City’s consistent professionalism and courtesy. REBUTTAL OF ANTICIPATED ARGUMENTS FROM THE APPLICANTS Staff anticipates the following arguments from the Applicants; however, these arguments do not rebut the legal and factual grounds for denial nor offer any reasonable basis for a Special Encroachment Permit. The Applicants Require the Current Fence Alignment and Patio to Create a Safe Play Area for Their Child(ren): Staff is sympathetic to every family’s desire to create a safe play area for their children in and around their home. Nevertheless, realigning the fence and relocating the patio and other landscaping elements within the property line and creating a safe play area for the Applicants’ child(ren) are not mutually exclusive. The City is not demanding that there be no fence or patio at all. It is entirely possible, reasonable, and feasible for the fence, patio, and plants to be moved back onto the Property and out of the City’s ROW without reducing safety and security. The net result is simply a smaller but enclosed yard that is on the Applicants’ Property, while also providing Staff with the necessary clearance and access to the City’s sewer cleanout. In fact, Staff initially approved a building permit for a fence on the Westmoor side based on the representation that the fence was located on the Property and not in the City’s ROW. The Applicants Believe They Are Being Unfairly Targeted: The Applicants might complain that they are being singled out and unfairly treated. Not so. The Applicants’ landscaping plans stamped by their own civil engineer clearly showed the fence, patio, and landscaping elements within the property line. The City subsequently discovered the encroachments based on an inspection pursuant to an open permit. And once Staff discovered that the improvements were built on the public ROW and not in accordance with the submitted plans, Staff provided the Applicants with multiple opportunities to realign the fence and relocate the patio and landscaping elements before engaging in any Code Enforcement activities. Staff also had multiple meetings with the Applicants and provided guidance on the process to apply for a Special Encroachment Permit. Clearly, Staff was even-handed and patient 299 Letter Brief of City Staff Administrative Appeal - 1151 Rosedale Avenue Page 7 with the Applicants. The fact that the Application was denied as to the Westmoor side after a good faith and thorough review is no indicia of bad faith or unequal treatment by the City. The Applicants might also argue that other neighbors maintain encroachments onto City-owned property. Even if true, the validity of any encroachments by other residents is not part of this appeal. Staff may, in its discretion, conduct Code Enforcement activities with respect to other encroachments in due course. Relocating the Fence, Patio, and Landscaping Would Come at Great Cost: The Applicants might argue that taking the fence down and rebuilding it, as well as reducing the size of the concrete patio and relocating the landscaping elements, would cause significant and undue expense. This is a dubious argument, especially since Staff informed the Applicants of the encroaching improvements before all of the construction was completed; yet, the Applicants proceeded with completing the fence, patio and other improvements anyway. In fact, the Applicants have recently added new shrubs and greenery within the City’s ROW after their Application was denied. If anything, this bold act shows that the Applicants are less concerned about costs than making a defiant statement. CONCLUSION Based on the foregoing facts, discussion, and analysis, the Council should deny this appeal and deny the Application in its entirety. In the plans and specifications submitted with the building permit application, the fence, patio, stone columns, and other landscaping improvements appeared within the Property, yet the Applicants later constructed those elements in City’s ROW. The Westmoor side fence presents a public nuisance because it prevents use and access of public property and the fence’s door impedes safe passage along the sidewalk. Furthermore, allowing the fence, patio, and other landscaping elements to remain in place would require the City to make an unlawful gift of public property for the private use, enjoyment, and enrichment of the Applicants. And under the 1-foot and 4-foot setback alternatives, the City would still bear an unreasonable and unacceptable risk of damage to the Applicants’ private property. Moreover, the Council can and should deny any encroachment on the Rosedale side in view of the Applicants’ bad faith and defiance against Staff. Alternatively, the Council may deny this appeal by upholding the Director’s decision to deny the Application with respect to the improvements on the Westmoor side and to grant with respect to the two stone columns on the Rosedale side. Respectfully submitted, JARVIS FAY LLP Edward K. Low Special Counsel 300 EXHIBIT A 301 302 303 EXHIBIT % 304 305 EXHIBIT & 306 307 EXHIBIT ' 308 PERMIT NO. B21-0237 DATE 08/11/2025 NUMBER 1151 STREET ROSEDALE AVE APN 025243010 APPLICANT SAPPHIRE HUEY PHONE (415)971-8684 STREET ADDRESS 1151 ROSEDALE AVE CITY BURLINGAME STATE CA ZIP 94010 NAME OF OWNER Huey Sapphire J PHONE (415)971-8684 CONTRACTOR HONG'S GENERAL CONSTRUCTION IN PHONE (415)308-6373 ADDRESS 2463 17TH AVE CITY SAN FRANCISCO STATE CA ZIP 94116 ARCHITECT LICENSE ADDRESS CITY STATE ZIP ENGINEER SUNG ENGINEERING INC LICENSE ADDRESS 29300 KAHOUTEK WAY SUITE 190 CITY UNION CITY STATE CA ZIP 94587 WORK DESCRIPTION:ADD AND REMODEL, NEW HOUSE 501 PRIMROSE ROAD, BURLINGAME, CA 94010 CITY OF BURLINGAME BUILDING PERMIT PERMIT VALUATION $860,000.00 PERMIT FEES BUILDING $26,698.16 ELECTRICAL $161.81 PLUMBING $191.23 MECHANICAL $161.81 MICROFILM $421.51 SEISMIC $111.80 OTHER $235.50 TOTAL $27,981.82 PLEASE BE ADVISED THAT YOU ARE RESPONSIBLE FOR THE FOLLOWING: Schedule inspections: A minimum 24 hours advance notice is required. Inspections are done Monday thru Friday 9 a.m. to noon and 1 p.m. to 4 p.m. please remember this may not guarantee you next day inspection. Inspections are on a first call basis and there are a given number of inspections allocated for each day. Work not completed at the time of inspection will be assessed a reinspection fee. Ensure that the job site is maintained in a safe condition and that all OSHA regulations are adhered to. Maintain all erosion control methods as required by Public Works City Code Chapter 15.14 (Grading). Requires Stormwater Pollution Prevention Program (Control methods). Ensure that your adult representative is at the job site to provide assistance and answer any questions regarding the project for all inspections. Maintain all construction documents (approved plans, permit card) in a legible condition and ensure that they are at the job site for inspection. Provide any and all equipment (ladders, lights, etc.) necessary to complete the inspection. Installation instructions must be on site for rough mechanical and final inspections. PRIOR TO FINAL INSPECTION □ Illuminated street address at front of building" visibility and legibility per BMC 18.08.015 □ When the permit valuation of a Group R Occupancy exceeds $1,000, smoke detectors and carbon monoxide detectors shall be installed. NOTE: THIS PERMIT DOES NOT INCLUDE ANY CONSTRUCTION WITHIN THE PUBLIC RIGHT OF WAY. ANY CONSTRUCTION IN THIS AREA REQUIRES A SEPARATE PUBLIC WORKS PERMIT. EXPIRATION DATE ISSUED DATE 09/20/2021 PERMIT NUMBER B21-0237 INSPECTION REQUEST buildinginspections@burlingame.org or (650) 558-7260 309 INSPECTION RECORD 1151 ROSEDALE AVE B21-0237 FOUNDATIONS DATE INSPECTOR ROUGHS DATE INSPECTOR WALL APPLICATIONS DATE INSPECTOR Steel & Forms Wood Framing Fire-Rated Drywall Slab Light GA Steel Framing Flashing / Siding Anchor Bolts Structural Steel Exterior Lath Piers Rough Electrical Insulation Electrical Ground Rough Plumbing Water Proofing Foundation Survey Rough Mechanical Above T-Bar Grid POUR NO CONCRETE UNTIL ABOVE HAS Green Building BEEN SIGNED COVER NO WORK UNTIL ABOVE HAS ROOFING UNDERGROUND BEEN SIGNED Roof Sheathing / Deck Electrical Conduit ELECTRICAL In-Progress Final Water Piping Main Service Gas Piping Sub-Panel POOL / SPA Sewer Lateral Temp Power Pole Pre-Gunite Backwater Valve Wiring / Conduit Barrier Requirements Site Drainage Photvoltaic Pre-Deck EV Charger FOUNDATION SURVEY MUST BE RECEIVED PLUMBING FIRE DEPARTMENT PRIOR TO UNDERFLOOR INSPECTION Water Piping Fire Sprinkler - Rough UNDERFLOOR Drain, Waste, and Vent Fire Sprinkler - Final Framing Gas Piping Electrical Gas Test Plumbing Shower Pan METER RELEASE Mechanical Ducts Electrical Tag # Ventilation MECHANICAL Gas Tag # Insulation Furnace COVER NO WORK UNTIL ABOVE HAS BEEN Air Conditioning SIGNED Ducts FINALS RIDGE HEIGHT SURVEY MUST BE RECEIVED Hood / Fan ENG Dept □ BEFORE ROOF PLY INSP.Fire Damper Framing Water Dept □ SHEAR WALLS County Health □ Roof Ply / Diaphragm Water Heater Parks Dept □ Exterior Shear MISCELLANEOUS PLNG Dept □ Hold Downs Window Egress Fire Dept □ Interior Shear Smoke Detectors/CO Green BLDG □ Architect Letter Illuminated Street Address Reach Code □ CERTIFICATE OF OCCUPANCY when signed off for "BUILDING FINAL" by an authorized City Building Inspector this form becomes the Certificate of Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy of a building or structure or portion thereof shall be made. until the Building official has issued a Certificate of Occupancy. Issuance shall not be construed as approval of violation of the provisions of the building code or of other ordinances of the City of Burlingame or laws of the State of California. BUILDING FINAL DATE 310 EXHIBIT ( 311 MARKDATEDESCRIPTION12SHEET TITLEOWNER:PROJECT NO: TRANS BURLINGAMEMODEL FILE:revised for design review 5A.plnCOPYRIGHT:AC:\Users\tk\Desktop\herny III burlingame\comments from planning commision\APPRVD DESIGN\revised for design review 5A.plnSITE PLANTRANS RESIDENCEADDITION/ALTERATIONFOR:1151 ROSEDALE AVE.BURLINGAME, CA.924 JUDAH STREETSAN RANCISCO, CA.warren9250@yahoo.com(415) 531-1878WH DRAFTINGAND DESIGN2-2-2020PLANNING SUBMITTALSAPPHIRE HUEY1151 ROSEDALE AVENUEBURLINGAME, CA.6-29-2020 PLANNING RESPONSE8-20-2020PLANNING RESPONSE2-9-2021CITY DESIGN CONSULTANTAPPROVED SETN1111121111111222222223442NEW CONC. WALK(R) CONC.DRIVEWAY7'-6"10'20'4' 10'-9"(N) 6'-0" HIGH WOOD FENCEw/ 1'-0" TRELLIS ABOVE(E) CURB(E) CURB(E) 6' HIGHWOODFENCE TO BEREMOVEDEL. 19.58EL 19.33EL 23.61EL 21.16EL. 24.16(E) FIRE HYRANT(E) FIRE HYRANT(E) STORAGE SHEDTO BE REMOVED(E) CONC. WALKEL 22.41EL 21.83EL 24.15(N) 6' HIGHWOODFENCEAND GATE(E) 42" HIGHCHAIN LINKFENCEAVERAGET.O.C.EL. 19.46'EL 21.41EL 24.37EL 24.95(E) FRUIT TREETO BE REMOVED(E) FRUIT TREETO BE REMOVED(E) WATER METERREMOVE (E) 42" HIGHWOOD FENCE(E) 42" HIGHCHAIN LINKFENCE(E) WOOD PROPERTY LINEFENCE TO REMAIN(N) 6'-0" HIGHw/ 1'-0" TRELLISABOVE WOOD FENCETOTAL 7'-0" HIGH MAX.SHADED AREAINDICATES(E) STRUCTURE(E) NON-FRUITNON-NUT TREE(E) HEDGESTO REMAIN(E) WOOD CHIPMULCH LANDSCAPINGTO REMAIN(N) LIQUID AMBER15 GAL.(N) 6'-0" HIGHWOOD FENCE(E) LAWNF.F. EL. 23.57F.F. EL. 22.97(E) NON-FRUITNON-NUT TREEEL. 20.68(E) SHURBS105'65'35'35'31.42'31.42'25'25'(E) 40'-3" +/-(E) 32'-2" +/-(E) 16'-1" +/-(E) 20'-6" +/-(E) CONC.SIDEWALK(E) CONC.SIDEWALK(E) DRIVEWAYROSEDALE AVENUEWESTMOOR ROADEL CAMINO REAL6'-0"SETBACK15'-0" SETBACK15'-0" SETBACK11'-3"10'-2"2nd FLSETBACK2nd FLSETBACK21'-3"35'-3"(E) 37'-6"DSDSDSDSDSDSRELOCATE GASMETER(E) SEWERCLEANOUT(E) 'DRIP' IRRIGATIONTHIS AREA(E) TIME SPRINKLERSYSTEM AT (E) LAWN(E) CALIFORNIANATIVE PLANTSNOTE:EXISTING LANDSCAPE TOREMAINREMOVE PORTIONOF (E) 6' HIGHWOOD FENCE(N) 8'-0" HIGH WOOD FENCE)DSDSDS(E) CONC. WALKTO BE REMOVEDADD (N) GROUND COVERTO MATCH (E)DSDS(N) 3/0GATE20'“Construction Hours”Weekdays: 8:00 a.m. –7:00 p.m.Saturdays: 9:00 a.m. –6:00 p.m.Sundays and Holidays: No Work Allowed(See City of Burlingame Municipal Code, Section 18.07.110 for details.)Construction hours in the City Public right-of-way are limited to weekdays and non-City Holidays between 8:00 a.m. and 5:00 p.m.Acknowledge that this project will be considered a New Building because, according to the City of Burlingame Municipal code, “when additions, alterations or repairs within any twelve-month period exceed fifty percent of the current replacement value of an existing building or structure, as determined by the building official, such building or structure shall be made in its entirety to conform with the requirements for new buildings or structures.” This building must comply with the 2019 California Building Code for new structures. BMC 18.07.020. Note: that at the time of the building permit submittal, you will need to submit an erosion control plan and stipulate on the drawing the removal and replacement of sidewalk, curb, gutter, sewer lateral, and water line to the Public Works Department.Acknowledge that due to the extensive nature of this construction project the Certificate of Occupancy will be rescinded once construction begins. A new Certificate of Occupancy will be issued after the project has been final. No occupancy of the building is to occur until a new Certificate of Occupancy has been issued.Acknowledge that when you submit your plans to the Building Division for plan review, that a completed Supplemental Demolition Permit Application will be provided. NOTE: The Demolition Permit will not be issued until a Building Permit is issued for the project.GENERAL NOTESPROJECT DATASHEET INDEXSCOPE OF WORK1111222SCALE: 1/8" = 1'-0"1SITE PLANSCALE: 1' = 1'-0"2CONSTRUCTION HOURS3AVERAGE FRONT SETBACK· No guarantee for quality of construction is implied or intended bythe architectural documents and the contractor shall assume fullresponsibility for any or all construction deficiencies.· The developer and/or general contractor shall hold harmless,indemnify and defend the Architect from any action initiated by theinitial owner or any subsequent owners for constructiondeficiencies, modifications or such conditions which may bebeyond the control of the Architect.· All dimensions shown take precedence over scaled dimensions.· Contractor shall coordinate with owner prior to ordering anyfixtures, equipment, cabinetry, etc. for owner's approval.· Sheet metal contractor shall provide owner with heating duct ®ister location prior to installation for owner's approval.· All dimensions to face of stud unless otherwise noted.· Electrical contractor to verify with owner type and locations of allelectrical fixtures, outlets, switches and subpanels prior toinstallation.· Plumbing contractor to verify with owner type and locations of allplumbing fixtures, faucets, etc. prior to installation.- General contractor shall contact the City of Los Altos regardingthe requirements for the construction waste management plan.· All work shall comply with applicable codes and tradestandards which govern each phase of work, including, but notlimited to:2019 California Residential Code (CRC),2019 California Building Code2019 California Plumbing Code (CPC),2019 California Mechanical Code (CMC),2019 California Electrical Code (CEC),2019 California Energy Code,2019 California Green Building Standards2019 California Fire Code (CFC) and all other applicableMuniciple and Town ordinances and regulations.· The contractor shall carefully inspect all excavation work forcompliance to requirements of the prevailing building code.Should any conditions appear questionable due to excessivedampness, granular composition, sluffing, softness or otherdefect, the contractor shall contact the engineer or designer.· All information pertaining to the site shall be, and shallremain, the owner's responsibility. This information shallinclude legal description, deed restrictions, easements, sitesurvey, topographic survey, position of existing improvements,soils report and all related data. Theses documents have beenprepared on the information available to the designer.· It is the responsibility of the contractor and all subcontractorsto check and verify all dimensions and conditions indicated onthese drawings and make known any discrepancies prior tocommencing their work.· These drawings are intended for use in a negotiatedconstruction contract and, therefore, may not specifically detailor specify materials and/or manufacturers. The contractor shallprovide all samples and/or cuts as required to assist owner orhis agent in making material selections.APN: 025243010ZONING: R1TYPE OF CONSTRUCTION: VBOCCUPANCIY: R3/ULOT SIZE: 5,594 SQ. FT.SQUARE FOOTAGE:EXISTING SQ. FT. = 1,242.75 SQ. FT.PROPOSED:EXISTING PROPOSEDTOTALFIRST FLOOR 987.0 491.3 1,478.3SECOND FLOOR 0 980.17 980.17TOTAL2458.47 S.F.GARAGE (DETACHED) 223 S.F.TOTAL2681.47 S.F.F.A.R.: 32% + 900 SQ. FT. 5,594 X .32 = 1,790.08 900 400 (for detached garage) 3,098.08 MAX. ALLOWEDCOVERAGE: 40% 5,594 x .40 = 2,2376 S.F.EXISTING COVERAGE =EXISTING PROPOSEDTOTALRESIDENCE = 987 S.F. 491.3 1,478.3 S.F.(E) GARAGE= -255.57(N) ONE CAR GARAGE 223 223 S.F.COVERED PORCH = 150 S.F. 44.33 194.33(N) BACK PORCH 21STORAGE = -100 S.F.TOTAL 1,493 S.F. 1,916.63 S.F.MAX. HEIGHT = 30' OR 2 1/2 STORIESA COVER SHEETA.1 EXISTING SITE PLANB PROPOSED FIRST FLOOR PLANC PROPOSED SECOND FLOOR PLAND EXISTING FLOOR PLANE EXTERIOR ELEVATIONSF EXTERIOR ELEVATIONSG EXITERIOR ELEVATIONSH ROOF PLANI BUILDING SECTIONSCG-1 CAL GREEN-ADDITION TO FIRST FLOOR-NEW DRIVEWAY AND CONC. WALKWAY AT NEW DETACHED GARAGE-REMOVE EXISTING DRIVEWAY. PROVIDE NEW LANDSCAPING MATCH EXISTING-NEW EXTERIOR STEPS TO EXISTING FRONT PORCH-NEW ROOF OVER EXISTING FRONT PORCH-REMOVE EXISTING FIREPLACE PROVIDE NEW GAS FIREPLACE-NEW ONE CAR GARAGE AND ONE OPEN PARKING-NEW KITCHEN-NEW BATH AND POWDER ROOM AT FIRST FLOOR-NEW SECOND FLOOR-NEW INTERIOR STAIRS-REPLACEMENT OF ALL CURB. GUTTER, DRIVEWAY AND SIDEWALKFRONTING SITE, PLUG ALL EXISTING SANITARY SEWER LATERALCONNECTIONS AND INSTALL NEW 4" LATERAL, ALL WATER LINECONNECTIONS TO CITY WATER MAINS FOR SERVICES OR FIRE LINEARE TO BE INSTALLED PER CITY STANDARD PROCEDURES ANDSPECIFICATIONS, ANY OTHER INDERGROUND UTILITY WORK WITHINCITY RIGHT-OF-WAY-GRADING PERMIT, IF REQUIRED,WILL BE OBTAINED FROMDEPARTMENT OF PUBLIC WORKS---20'-6"20'-0"20'-6"21'-2"20'-6"21'-0"20'-6"20'-0"20'-0"20'-0"20'-6"20'-6"20'-6"21'-10"20'-6"20'-6"20'-6"225'-4" divided by 11 equal 20'-5" average front setabck20'-0"20'-6"20'-0"20'-6"20'-6"RECEIVEDCITY OF BURLINGAMECDD-PLANNING DIVISIONMAR 01 2021REVISED312 EXHIBIT ) 313 314Property Line EXHIBIT * 315 PERMIT NO. B23-0785 DATE 01/23/2024 NUMBER 1151 STREET ROSEDALE AVE APN 025243010 APPLICANT HONG'S GENERAL CONSTRUCTION IN PHONE (415)308-6373 STREET ADDRESS 2463 17TH AVE CITY SAN FRANCISCO STATE CA ZIP 94116 NAME OF OWNER HUEY SAPPHIRE J TRAN NIEM CAM PHONE (510)677-7462 CONTRACTOR HONG'S GENERAL CONSTRUCTION IN PHONE (415)308-6373 ADDRESS 2463 17TH AVE CITY SAN FRANCISCO STATE CA ZIP 94116 ARCHITECT TOAW C PHAN LICENSE ADDRESS PO BOX 896 CITY BRENTWOOD STATE CA ZIP 94513 ENGINEER LICENSE ADDRESS CITY STATE ZIP WORK DESCRIPTION: NEW LANDING, STAIR AND SLIDING DOOR @ SIDE YARD 501 PRIMROSE ROAD, BURLINGAME, CA 94010 CITY OF BURLINGAME BUILDING PERMIT PERMIT VALUATION $45,000.00 PERMIT FEES BUILDING $1,857.90 ELECTRICAL $63.00 PLUMBING $0.00 MECHANICAL $0.00 MICROFILM $47.55 SEISMIC $5.85 OTHER $0.00 TOTAL $1,974.30 PLEASE BE ADVISED THAT YOU ARE RESPONSIBLE FOR THE FOLLOWING: Schedule inspections: A minimum 24 hours advance notice is required. Inspections are done Monday thru Friday 9 a.m. to noon and 1 p.m. to 4 p.m. please remember this may not guarantee you next day inspection. Inspections are on a first call basis and there are a given number of inspections allocated for each day. Work not completed at the time of inspection will be assessed a reinspection fee. Ensure that the job site is maintained in a safe condition and that all OSHA regulations are adhered to. Maintain all erosion control methods as required by Public Works City Code Chapter 15.14 (Grading). Requires Stormwater Pollution Prevention Program (Control methods). Ensure that your adult representative is at the job site to provide assistance and answer any questions regarding the project for all inspections. Maintain all construction documents (approved plans, permit card) in a legible condition and ensure that they are at the job site for inspection. Provide any and all equipment (ladders, lights, etc.) necessary to complete the inspection. Installation instructions must be on site for rough mechanical and final inspections. PRIOR TO FINAL INSPECTION □ Illuminated street address at front of building" visibility and legibility per BMC 18.08.015 □ When the permit valuation of a Group R Occupancy exceeds $1,000, smoke detectors and carbon monoxide detectors shall be installed. NOTE: THIS PERMIT DOES NOT INCLUDE ANY CONSTRUCTION WITHIN THE PUBLIC RIGHT OF WAY. ANY CONSTRUCTION IN THIS AREA REQUIRES A SEPARATE PUBLIC WORKS PERMIT. EXPIRATION DATE 01/09/2025 ISSUED DATE 01/10/2024 PERMIT NUMBER B23-0785 ! '&$ &&) (%'$ 316 INSPECTION RECORD 1151 ROSEDALE AVE B23-0785 FOUNDATIONS DATE INSPECTOR ROUGHS DATE INSPECTOR WALL APPLICATIONS DATE INSPECTOR Steel & Forms Wood Framing Fire-Rated Drywall Slab Light GA Steel Framing Flashing / Siding Anchor Bolts Structural Steel Exterior Lath Piers Rough Electrical Insulation Electrical Ground Rough Plumbing Water Proofing Foundation Survey Rough Mechanical Above T-Bar Grid POUR NO CONCRETE UNTIL ABOVE HAS Green Building BEEN SIGNED COVER NO WORK UNTIL ABOVE HAS ROOFING UNDERGROUND BEEN SIGNED Roof Sheathing / Deck Electrical Conduit ELECTRICAL In-Progress Final Water Piping Main Service Gas Piping Sub-Panel POOL / SPA Sewer Lateral Temp Power Pole Pre-Gunite Backwater Valve Wiring / Conduit Barrier Requirements Site Drainage Photvoltaic Pre-Deck EV Charger FOUNDATION SURVEY MUST BE RECEIVED PLUMBING FIRE DEPARTMENT PRIOR TO UNDERFLOOR INSPECTION Water Piping Fire Sprinkler - Rough UNDERFLOOR Drain, Waste, and Vent Fire Sprinkler - Final Framing Gas Piping Electrical Gas Test Plumbing Shower Pan METER RELEASE Mechanical Ducts Electrical Tag # Ventilation MECHANICAL Gas Tag # Insulation Furnace COVER NO WORK UNTIL ABOVE HAS BEEN Air Conditioning SIGNED Ducts FINALS RIDGE HEIGHT SURVEY MUST BE RECEIVED Hood / Fan ENG Dept □ BEFORE ROOF PLY INSP.Fire Damper Framing Water Dept □ SHEAR WALLS County Health □ Roof Ply / Diaphragm Water Heater Parks Dept □ Exterior Shear MISCELLANEOUS PLNG Dept □ Hold Downs Window Egress Fire Dept □ Interior Shear Smoke Detectors/CO Green BLDG □ Architect Letter Illuminated Street Address Reach Code □ CERTIFICATE OF OCCUPANCY when signed off for "BUILDING FINAL" by an authorized City Building Inspector this form becomes the Certificate of Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy of a building or structure or portion thereof shall be made. until the Building official has issued a Certificate of Occupancy. Issuance shall not be construed as approval of violation of the provisions of the building code or of other ordinances of the City of Burlingame or laws of the State of California. BUILDING FINAL DATE 317 EXHIBIT + 318 319 EXHIBIT , 320 321 EXHIBIT - 322 323 EXHIBIT . 324 325 EXHIBIT / 326 327 EXHIBIT 0 328 329 EXHIBIT 1 330 331 EXHIBIT 2 332 333 EXHIBIT 3 334 335 336 337 338 339 EXHIBIT 4 340 341 342 343 344 345 346 EXHIBIT 5 347 The City of Burlingame PUBLIC WORKS ENGINEERING DIVISION 501 PRIMROSE ROAD, 2ND FLOOR BURLINGAME, CA 94010 TEL: (650) 558-7230 FAX: (650) 685-9310 www.burlingame.org PUBLIC WORKS CORPORATION YARD 1361 N. CAROLAN AVENUE BURLINGAME, CA 94010 Tel: (650) 558-7670 FAX: (650) 696-1598 May 8, 2024 Dhruv Batura and Priya Takiar 1151 Rosedale Avenue Burlingame, CA 94010 Re: Fence Constructed in the Public Right-of-Way Dear Mr. Batura and Ms. Takiar, Thank you for taking the time to meet with City staff on May 2, 2024, to discuss the private fence encroachment in the City right-of-way. We understand the urgency of obtaining a resolution on this matter and appreciate your cooperation. Building Permit Compliance After consulting with the City Attorney's office, we would like to inform you that the City can only approve what is shown on the approved building permit, B23-0785. This permit indicates that the construction of the fence should be on the property line within the private property. Any deviation from the approved building permit would constitute a violation and prevent the permit from being finalized. Access and Liability Concerns Additionally, the newly constructed fence prevents the City from accessing the area for maintenance purposes and presents a liability concern. To address these issues, we kindly request that you remove or relocate the fence and columns that are encroaching beyond the property line. This action will allow the City to conduct a final inspection and ensure compliance with the approved building permit. Neighboring Fences Regarding the existing neighboring fences you referenced, City staff will confirm their locations and reach out to the respective property owner(s) accordingly. 348 We appreciate your understanding and cooperation in resolving this matter promptly. Please do not hesitate to contact us if you have any further questions or concerns. Sincerely, Syed Murtuza Public Works Director c: Scott Spansail, Assistant City Attorney Art Morimoto, Assistant Public Works Director Francis Dollard, Public Works Inspector Martin Quan, Senior Civil Engineer 349 EXHIBIT 6 350 The City of Burlingame PUBLIC WORKS ENGINEERING DIVISION 501 PRIMROSE ROAD, 2ND FLOOR BURLINGAME, CA 94010 TEL: (650) 558-7230 FAX: (650) 685-9310 www.burlingame.org PUBLIC WORKS CORPORATION YARD 1361 N. CAROLAN AVENUE BURLINGAME, CA 94010 Tel: (650) 558-7670 FAX: (650) 696-1598 May 24, 2024 Dhruv Batura and Priya Takiar 1151 Rosedale Avenue Burlingame, CA 94010 Re: Fence Constructed in the Public Right-of-Way Dear Mr. Batura and Ms. Takiar, We appreciate your email response on May 22, but disagree with your position. The approved building permit (B23-0785) shows no work to be performed in the public right-of-way. The Public Works Department became involved afterthe fact, and because the private fence was built beyond the property line and encroached upon the public right-of-way. The City is unable to verify all aspects of a construction project in real-time, and therefore relies heavily on the information provided by the licensed professional stamp drawings. Confirmation of this information is conducted during field inspections to confirm what was constructed is accurate. When a City inspector identifies construction that is not per plan or there is inaccurate information provided on the approved plans,as is the case here, the City will ask the applicant to correct the issue or submit a revision to the plans to the Building Department for review. For these reasons, the City cannot approve your building permit until the fence/columns are removed or relocated as it encroaches 2’-11” into the public right-of-way on Rosedale and 5’-7” on Westmore. Proceeding with the construction of the fence/columns would be a code violation and may result in additional enforcement, including (but not limited to) code enforcement action or removal of the encroaching structure(s) at the owner’s cost. Sincerely, Syed Murtuza Public Works Director c: Scott Spansail, Assistant City Attorney Francis Dollard, Public Works Inspector Martin Quan, Senior Civil Engineer 351 EXHIBIT 7 352 The City of Burlingame PUBLIC WORKS ENGINEERING DIVISION 501 PRIMROSE ROAD, 2ND FLOOR BURLINGAME, CA 94010 TEL: (650) 558-7230 FAX: (650) 685-9310 www.burlingame.org PUBLIC WORKS CORPORATION YARD 1361 N. CAROLAN AVENUE BURLINGAME, CA 94010 Tel: (650) 558-7670 FAX: (650) 696-1598 NOTICE OF VIOLATION AND ORDER TO ABATE VIA REGULAR AND CERTIFIED MAIL, PROPERTY POSTED February 27, 2025 Dhruv Batura and Priya Takair 1151 Rosedale Avenue Burlingame, CA 94010 SUBJECT: Notice of Violation of Burlingame Municipal Code and Order to Abate: 1151 Rosedale Avenue, Burlingame CA (“Property”) Dear Property Owner: The Property has been identified by the City of Burlingame to be in violation of Burlingame Municipal Code (“BMC”) Section 12.10.020 because the unpermitted fences (including posts and/or columns) on the Property are located within the public right-of-way which runs from the existing curb to the property line. The fences and columns encroach the public right-of-way on both Rosedale Avenue and Westmore Road. NOTICE IS HEREBY GIVEN that the Property is in violation of BMC Section 12.10.020 prohibiting fences in the public right-of-way without an encroachment permit. On Thursday April 25, 2024, City staff met with you and your contractors/designers. At that meeting, staff explained that the front and side fences and the front columns had been constructed within the City’s public right-of-way in violation of both BMC Section 12.10.020 and the approved building permit B23-0785, and that such columns and fencing must be moved. Staff had a second meeting with you on May 2, 2024 where City staff provided the same advice. 353 NOV/Order to Abate – 1151 Rosedale Page 2 City staff further sent two letters (dated May 8, 2024, and May 24, 2024) requesting removal or relocation of the fences and columns. The May 24, 2024 letter specifically stated that the City may initiate a code enforcement action and/or ultimately remove the fences and columns at your cost. City staff further met with your landscape contractor on January 9, 2025, and provided him with the right-of-way locations, as well as spoke with you on the phone that same day to reiterate the request to remove or relocate the fences and columns. To date, neither fence nor the columns have been removed or relocated. This Notice of Violation and Order to Abate hereby initiates the City’s code enforcement action. YOU ARE HEREBY ORDERED to correct the violation by taking the following actions within 7 days of the date of this Notice: Immediately remove or relocate the fences (including posts, columns, and all structures) such that they are outside of the public right-of-way in accordance with the approved building permit B23-0785. IMPORTANT: Failure to comply or inaction may result in the City of Burlingame taking further and immediate enforcement actions to secure compliance which may include fines (pursuant to BMC Chapter 1.12), and/or nuisance and abatement proceedings pursuant to BMC Section 1.12.040, and/or any other legal rights and remedies afforded to the City. Please be advised that violation of BMC Section 12.10.020 is punishable by a fine of $100 for the first violation, $200 for the second violation within a 12-month period, and a fine of $500 for any additional violations within a 12-month period. (BMC Section 1.12.010.) And each day the fences are in their current location is a separate violation. (BMC Section 1.12.020.) Thank you for seriously considering this matter. If you have any questions regarding this letter, please do not hesitate to contact the Public Works Department at 650-558-7230. Please refer to this letter when calling. Sincerely, Syed Murtuza Public Works Director c: Michael Guina, City Attorney Rachel Norwitt, Code Enforcement Officer 354 EXHIBIT 8 355 356 357 358 359 EXHIBIT 9 360 The City of Burlingame PUBLIC WORKS ENGINEERING DIVISION 501 PRIMROSE ROAD, 2ND FLOOR BURLINGAME, CA 94010 TEL: (650) 558-7230 FAX: (650) 685-9310 www.burlingame.org PUBLIC WORKS CORPORATION YARD 1361 N. CAROLAN AVENUE BURLINGAME, CA 94010 Tel: (650) 558-7670 FAX: (650) 696-1598 VIA REGULAR AND CERTIFIED MAIL, RECEIPT REQUESTED June 20, 2025 Dhruv Batura and Priya Takiar 1151 Rosedale Avenue Burlingame, CA 94010 Re:INCOMPLETE Application for Special Encroachment Permit 1151 Rosedale Avenue, Burlingame, California Dear Property Owners: The City is in receipt of your Special Encroachment Permit Application (“Application”) for your property located at 1151 Rosedale Avenue, Burlingame, California (“Property”). City staƯ has reviewed your Application and determined it to be incomplete because the two options presented for the fence realignment on the Westmoor Avenue side of the Property do not depict the proposed realignments in relation to the property line. The drawing of the two concrete columns on the Rosedale Avenue side of the Property also does not show the property line. In order for City staƯ to evaluate and make a determination on your Application, please resubmit your Application with drawings that show your proposed fence realignment and the property line on the Westmore Avenue side, and a drawing that shows the two columns in relation to the property line on the Rosedale Avenue side. You may use the information in the City’s street cards previously provided to you to ascertain the locations of the property 361 line and the City’s right-of-way, or alternatively, you may obtain a survey of your property vis- à-vis the City’s right-of-way. If you elect to use the information from the City’s street cards, your resubmission is due within fourteen (14) calendar days of this letter. If you elect to obtain a survey, please contact Francis Dollard in the Public Works Department at (650) 558-7288 or fdollard@burlingame.org within the next fourteen (14) calendar days to conƱrm (i) that you have retained a surveyor and (ii) the name of the surveyor. Your resubmission will then be due thirty (30) calendar days after the date you contact Mr. Dollard. PLEASE BE ADVISED THAT ANY SURVEY WILL BE YOUR OWN COST AND EXPENSE. Failure to timely resubmit a complete Application will result in a denial. The City reserves its right to seek its legal remedies to abate any unpermitted encroachment. Thank you for your attention to this matter. Sincerely, Martin Quan City of Burlingame, Senior Civil Engineer cc: Dan Siegel (via email – dks@jsmf.com) 362 EXHIBIT : 363 364 365 366 367 368 369 EXHIBIT ; 370 371 372 373 374 375 376 377 378 379 380 381 EXHIBIT < 382 1 Ed Low From:Priya Takiar <priyatakiar@gmail.com> Sent:Monday, August 4, 2025 9:42 AM To:Ed Low; PW/ENG-Syed Murtuza; Francis Dollard Cc:Dan K. Siegel; Dhruv Batura Subject:1151 Rosedale - Notice of Appeal Hello All, We have received your letter on July 29th, 2025, denying our application for a special encroachment permit for 1151 Rosedale, Burlingame. This is our written notice that we are appealing the denial of our request for both the Rosedale and Westmore sides and reserve all of our rights. We were not provided with any information regarding requirements of the appeal not did we locate it in the Burlingame Municipal Code. If there are specific requirements, please let us know and where they are located in the City Code. Please confirm receipt and contact us to discuss the setting of a hearing at City Council and to tell us where we can find the information on the rules and procedures for that hearing. Thank you very much, Priya -- Priya Takiar priyatakiar@gmail.com (510) 677-7462 You don't often get email from priyatakiar@gmail.com.Learn why this is important 383 EXHIBIT = 384 385 EXHIBIT = 386 387 EXHIBIT = 388 389 EXHIBIT = 390 391 EXHIBIT = 392 393 EXHIBIT = 394 395 EXHIBIT = 396 397 EXHIBIT = 398 399 1 STAFF REPORT AGENDA NO: 11a MEETING DATE: November 3, 2025 To: Honorable Mayor and City Council Date: November 3, 2025 From: Syed Murtuza, Director of Public Works – (650) 558-7230 Kevin Okada, Assistant Director of Public Works – (650) 558-7230 Subject: Update on City Thread’s Accelerated Mobility Playbook Technical Assistance Program (AMP) RECOMMENDATION Staff recommends that the City Council receive an update and presentation from City Thread regarding their assessment and recommendations pertaining to the Accelerated Mobility Playbook (AMP) Technical Assistance Program for Burlingame. BACKGROUND City Thread is a national nonprofit technical consulting organization led by Kyle Wagenschutz, Sara Studdard, and Zoe Kircos. The organization is dedicated to accelerating projects that enable people to move safely, efficiently, and equitably within their communities. The City Thread AMP Technical Assistance Grant Program helps U.S. cities expedite the implementation of mobility networks. Through a competitive grant application process, City Thread selects participating cities and provides an assessment of each city’s current practices, along with an action plan to strengthen partnerships, improve project delivery, and advance mobility initiatives. In August 2024, former Traffic, Safety and Parking Commissioner (TSPC) Arleen Cauchi approached Mayor Stevenson and City Manager Goldman regarding her research into City Thread and its potential to help communities implement mobility network plans. Mayor Stevenson, City Manager Goldman, and Public Works Director Murtuza subsequently met with City Thread Partner Sara Studdard to learn more about the AMP program. According to City Thread, participation in the AMP program involves forming a dedicated collaborative community coalition group that operates independently and is not associated with the City in any capacity. This group differs from a Bicycle and Pedestrian Advisory Committee (BPAC), or a City-appointed commission such as the TSPC. On November 4, 2024, the City Council authorized staff to apply for the AMP grant with a local City funding match of $15,000. Staff subsequently applied for and was awarded a grant to participate in the AMP Technical Assistance Program and attend the AMP Leadership Conference held in Salt Late City, Utah, June 9 – 11, 2025. In March 2025, City Thread began assessing Burlingame’s mobility infrastructure, including recently completed bicycle and pedestrian projects, as well as existing City programs such as the 400 City Thread AMP Technical Assistance Program Update November 3, 2025 2 Bicycle and Pedestrian Master Plan. In April 2025, the City Thread team conducted a site visit to Burlingame, meeting with City staff and community members to gather feedback on ongoing and complete mobility initiatives. In June 2025, City staff member Andrew Wong and Traffic Safety Commissioner Jennifer Johnson attended the Leadership Conference in Salt Lake City. During the event, they learned about the Salt Lake City Active Mobility Plan (AMP) and similar initiatives from other jurisdictions. The conference highlighted how collaborative partnerships are structured and how these models have successfully advanced mobility initiatives in cities such as Austin, Texas, and Denver, Colorado, among others. DISCUSSION After gathering data and input from City staff and community members, the City Thread team provided recommendations to address key challenges in implementing mobility infrastructure projects in Burlingame. These challenges include lengthy implementation timelines and perceived disconnected project scopes, especially for phased projects; concerns regarding inconsistent messaging that can lead to confusion and strengthen opposition; and communication to sustain long-term momentum. Burlingame’s current process for implementing mobility projects will be further analyzed to identify opportunities for improvement, with the goal of streamlining procedures and accelerating project delivery in the future. The biggest opportunity identified was to build a dedicated and sustained community partnership and coalition through a non-profit approach. The Action Plan Recommendations include: x Establish a Shared Goal: Accelerate the planning, design, and construction of up to 10 miles of projects from the Bicycle and Pedestrian Master Plan by 2028. x Align Partnerships: Launch a broad, nonpartisan community coalition that extends beyond the bicycle community to build sustained and organized support for mobility improvements. A robust community engagement strategy will collaborate with underrepresented constituencies to more fully reflect community needs in the planning and implementation of each new mobility project. x Resource Partners: Hire a coalition manager dedicated full-time to leading this work. x Funding Strategy: Implement a funding strategy to support the coalition manager and related efforts. This can be done with two approaches. o Strategy A: Utilize City funds and budgets. o Strategy B: Leverage philanthropic and business contributions. Under this approach, City Thread will, through the coalition manager, secure local philanthropic and business support rather than relying on municipal funds. City Thread estimates that up to $2.5 million could be raised over a three-year period to support community-based activities. Staff time would still be required for coordination with 401 City Thread AMP Technical Assistance Program Update November 3, 2025 3 City Thread; the extent of this is unknown at this time. x Build the Network, Fast: Pilot and refine project delivery methods that prioritize urgent safety improvements and redefine how the City approaches public engagement, interdepartmental collaboration, and partnerships to streamline the project delivery process. FISCAL IMPACT Although City Thread has provided an initial estimate of $2.5 million for the proposed next phase of work to build a dedicated community coalition, the actual fiscal impact to the City remains undetermined at this time. The actual cost will depend on the funding approach selected for the project. Exhibits: x AMP Technical Assistance Program Presentation x City Thread Assessment Report 402 ĺƠdžȥ ŦƨŜćĺőȥȥɪȥȥrŦƿĕŚĆĕƌȥǢȰȥǡǟǡǤććĕőĕƌëƠĕĎȥpŦĆĺőĺƠdžȥ őëdžĆŦŦŎ·ĕćĵŜĺćëőȥƔƔĺƔƠëŜćĕȥ ƌŦĮƌëŚ403 ĺƠdžȥ·ĵƌĕëĎƔrëƠĺŦŜëőȰȥŜŦŜȿƉƌŦǘƠȥǤǟǠɈćɉɈǢɉȥćŦŜƔƨőƠĺŜĮȥƠĕëŚƔ$ĕƿĕőŦƉĕĎȥƠĵĕȥććĕőĕƌëƠĕĎȥpŦĆĺőĺƠdžȥ őëdžĆŦŦŎȥɈp ɉȥƠŦȥĵĕőƉȥćĺƠĺĕƔȥëĎƿëŜćĕȥŚŦĆĺőĺƠdžȥƉƌŦŋĕćƠƔƔfëƨŜćĵĕĎȥƠĵĕȥĮƌëŜƠȿĭƨŜĎĕĎȥp ȥ·ĕćĵŜĺćëőȥƔƔĺƔƠëŜćĕȥƉƌŦĮƌëŚȥȥĺŜȥǡǟǡǢddžőĕȥÖëĮĕŜƔćĵƨƠǐȥȥȥȥȥȥȥȥȥȥȥȥȥȥȥȥȥȥȥ«ëƌëȥ«ƠƨĎĎëƌĎæŦĕȥdĺƌćŦƔ404 䚉 ŦƉƨőëƠĺŦŜȥĮƌŦǀƠĵ䚉·ƌëǖćȥćŦŜĮĕƔƠĺŦŜȥ䚉LŦƨƔĺŜĮȥëǕŦƌĎëĆĺőĺƠdž䚉 őĺŚëƠĕȥćĵëŜĮĕ䚉aŦĆȥëććĕƔƔ䚉«ƠƌĕĕƠȥƔëĭĕƠdž䚉ĺƌȥƋƨëőĺƠdž䚉 ƨĆőĺćȥĵĕëőƠĵ·ĵĕȥ}ƉƉŦƌƠƨŜĺƠdžȱpŦĆĺőĺƠdžȥĺŜĭƌëƔƠƌƨćƠƨƌĕȥĵĕőƉƔȥƔŦőƿĕȥƠĵĕȥƉƌŦĆőĕŚƔȥǀĕȥëőőȥƔĵëƌĕȯ405 ·ĵĕȥ ĵëőőĕŜĮĕȱǠȯ ƌŦŋĕćƠƔȥƠëŎĕȥƠŦŦȥőŦŜĮȥƠŦȥĺŚƉőĕŚĕŜƠȯǡȯ ŦŚƉőĕƠĕĎȥƉƌŦŋĕćƠƔȥëƌĕȥƔŚëőőȥĺŜȥƔćëőĕȰȥĎĺƔćŦŜŜĕćƠĕĎȰȥëŜĎȥĺŜćŦŚƉőĕƠĕȯǢȯ ŦŦƌȥŚĕƔƔëĮĺŜĮȥćƌĕëƠĕƔȥĭĕëƌȥëŜĎȥĎĺƔƠƌƨƔƠȰȥĕŚƉŦǀĕƌĺŜĮȥëȥƿŦćëőȥŚĺŜŦƌĺƠdžȥŦĭȥŦƉƉŦƔĺƠĺŦŜȯǣȯ fĕëĎĕƌƔȥőëćŎȥƠĵĕȥƉĕƌƔƨëƔĺƿĕȥćŦŚŚƨŜĺćëƠĺŦŜȥƠŦŦőƔȥŜĕĕĎĕĎȥƠŦȥƔƨƔƠëĺŜȥŚŦŚĕŜƠƨŚȯ406 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ƌŦĭĕƔƔĺŦŜëőȥ$ĕƿĕőŦƉŚĕŜƠpĕëƔƨƌĕŚĕŜƠȥ·ŦŦőƔ«ƠëǖŜĮȥɡȥ}ƉĕƌëƠĺŦŜƔ}ƨƠƌĕëćĵȥɡȥ,ŜĮëĮĕŚĕŜƠȥ«ƨƉƉŦƌƠ ƌŦĭĕƔƔĺŦŜëőȥ$ĕƿĕőŦƉŚĕŜƠ,ëƌŜĕĎȥpĕĎĺëȥ«ƨƉƉŦƌƠ ëĺĎȥpĕĎĺëȥ ëŚƉëĺĮŜ ƨĆőĺćȥ}ƉĺŜĺŦŜȥ«ƨƌƿĕdžƔ,ëƌŜĕĎȥpĕĎĺëȥ«ƨƉƉŦƌƠ ƌŦĭĕƔƔĺŦŜëőȥ$ĕƿĕőŦƉŚĕŜƠ ƨĺőĎĺŜĮȥƠƌƨƔƠȥëŜĎȥćŦŦƉĕƌëƠĺŦŜȥĺŜȥƉëƌƠŜĕƌƔĵĺƉƔȥĺƔȥĕëƔĺĕƌȥǀĵĕŜȥĕƿĕƌdžŦŜĕȥĵëƔȥëććĕƔƔȥƠŦȥƌĕƔŦƨƌćĕƔȥŜĕĕĎĕĎȥƠŦȥëććŦŚƉőĺƔĵȥƠĵĕĺƌȥƌŦőĕƔȯ411 ǣȯȥ ƨĺőĎȥƠĵĕȥrĕƠǀŦƌŎȰȥDëƔƠ$,«QEr ¾Qf$ fr ¾ fQ ȥ,rEE,p,r· ŦŚŚƨŜĺƠdžȥ«ƨƉƉŦƌƠĕƌƔ ,őĕćƠĕĎȥőĕëĎĕƌƔëŜĎȥćĺƠdžȥƔƠëǕȥőĕëĎȥƉƨĆőĺćȥĕŜĮëĮĕŚĕŜƠȰȥƉőëŜŜĺŜĮȰȥĎĕƔĺĮŜȰȥëŜĎȥćŦŜƔƠƌƨćƠĺŦŜȥëćƠĺƿĺƠĺĕƔȥĺĎĕŜƠĺǘĕĎȥĺŜȥƠĵĕĺƌȥƔĵŦƌƠȿƠĕƌŚȥp ȥĺŚƉőĕŚĕŜƠëƠĺŦŜȥƉőëŜȯfŦćëőȥćŦŚŚƨŜĺƠdžȥƉëƌƠŜĕƌƔȥƠëƉȥĺŜƠŦȥƌĕƔĺĎĕŜƠȥƔƨƉƉŦƌƠȰȥŜĕĺĮĵĆŦƌĵŦŦĎȥĕƿĕŜƠƔȰȥëŜĎȥőŦćëőȥĮƌëŜƠȿŚëŎĺŜĮȥƠŦȥƉƌŦŚŦƠĕȥȥƉƌŦŋĕćƠȥĎĕőĺƿĕƌdžȥƠĺŚĕőĺŜĕƔȥëŜĎȥƉƌŦćĕƔƔĕƔȯȥŚĕĎĺëȥëŜĎȥćŦŚŚƨŜĺćëƠĺŦŜƔȥćëŚƉëĺĮŜȥĆƨĺőĎƔȥĆƌŦëĎȥƔƨƉƉŦƌƠȥĭŦƌȥĺŜĭƌëƔƠƌƨćƠƨƌĕȥćĵëŜĮĕƔȰȥĵĺĮĵőĺĮĵƠĺŜĮȥƠĵĕȥĆĕŜĕǘƠƔȥŦĭȥŚŦĆĺőĺƠdžȥŜĕƠǀŦƌŎƔȥĭŦƌȥĕƿĕƌdžŦŜĕȯ412 ǣȯȥ ƨĺőĎȥƠĵĕȥrĕƠǀŦƌŎȰȥDëƔƠ«ƨććĕƔƔĭƨőȥĺŚƉőĕŚĕŜƠëƠĺŦŜȥƌĕƋƨĺƌĕƔȥćëƌĕĭƨőȥćŦŦƌĎĺŜëƠĺŦŜȥëŚŦŜĮȥƉëƌƠŜĕƌƔȰȥćŦŜƔĺƔƠĕŜƠĕŜĮëĮĕŚĕŜƠȥƉƌëćƠĺćĕƔȰȥëŜĎȥƉƌĕĎĺćƠëĆőĕȥƉƌŦŋĕćƠȥĎĕőĺƿĕƌdžȥŚĕƠĵŦĎƔȯ413 ćƠĺŦŜȥ őëŜȥ£ĕćŦŚŚĕŜĎëƠĺŦŜƔǠȯȥ,ƔƠëĆőĺƔĵȥëȥ«ĵëƌĕĎȥEŦëő ĺƠdžȥ·ĵƌĕëĎȥƌĕćŦŚŚĕŜĎƔȥ ƨƌőĺŜĮëŚĕȥćëŜȥëććĕőĕƌëƠĕȥƠĵĕȥƉőëŜŜĺŜĮȰȥĎĕƔĺĮŜȰȥëŜĎȥćŦŜƔƠƌƨćƠĺŦŜȥŦĭȥǠǟȥŚĺőĕƔȥŦĭȥƉƌŦŋĕćƠƔȥĭƌŦŚȥĺƠƔȥ ĺćdžćőĕȥëŜĎȥ ĕĎĕƔƠƌĺëŜȥpëƔƠĕƌȥ őëŜȥĆdžȥǡǟǡǧȯǡȯȥőĺĮŜȥ ëƌƠŜĕƌƔĵĺƉƔfëƨŜćĵȥëŜȥĕDžƉëŜƔĺƿĕȰȥŜŦŜȿƉëƌƠĺƔëŜȥćŦëőĺƠĺŦŜȥǀĺƠĵȥƠĵŦƨĮĵƠĭƨőȥƌĕćƌƨĺƠŚĕŜƠȥĭƌŦŚȥŦƨƠƔĺĎĕȥƠĵĕȥĆĺćdžćőĕȥćŦŚŚƨŜĺƠdžȯȥŜȥŦƌĮëŜĺǐĕĎȥćŦëőĺƠĺŦŜȥĺƔȥŎĕdžȥƠŦȥƠƨƌŜĺŜĮȥŦƨƠȥƔƨƉƉŦƌƠȥëƠȥƠĵĕȥƠĺŚĕȥëŜĎȥĺŜȥƠĵĕȥǀëdžȥƠĵëƠȥĺƔȥŚŦƔƠȥĵĕőƉĭƨőȥƠŦȥćĺƠdžȥƔƠëǕȥëŜĎȥĕőĕćƠĕĎȥőĕëĎĕƌƔȯǢȯȥ£ĕƔŦƨƌćĕȥ ëƌƠŜĕƌƔȱ,DžĕćƨƠĺŜĮȥƠĵĕȥp ȥƌĕƋƨĺƌĕƔȥĭƨŜĎĺŜĮȰȥëŜĎȥŚƨćĵȥŦĭȥĺƠȥćëŜɕƠȥɀȥëŜĎȥƔĵŦƨőĎŜɕƠȥɀȥćŦŚĕȥĭƌŦŚȥƠĵĕȥŚƨŜĺćĺƉëőȥćŦǕĕƌƔȯȥ ĺƠdžȥ·ĵƌĕëĎȥĕƔƠĺŚëƠĕƔȥƠĵëƠȥőŦćëőȥƉĵĺőëŜƠĵƌŦƉĺćȥëŜĎȥĆƨƔĺŜĕƔƔȥĺŜƠĕƌĕƔƠƔȥĵëƿĕȥƠĵĕȥćëƉëćĺƠdžȥƠŦȥƉƌŦƿĺĎĕȥƨƉȥƠŦȥɷǡȯǤȥŚĺőőĺŦŜȥŦƿĕƌȥƠĵƌĕĕȥdžĕëƌƔȥƠŦȥƔƨƉƉŦƌƠȥćŦŚŚƨŜĺƠdžȿĆëƔĕĎȥëćƠĺƿĺƠĺĕƔȯǣȯȥ ƨĺőĎȥƠĵĕȥrĕƠǀŦƌŎȰȥDëƔƠȱȥ 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ĵëƔĕȥǡȥëćƠĺƿĺƠĺĕƔȥëŜĎȥŦƨƠćŦŚĕƔȯȥDĺƌƔƠȥDŦƨƌȥćƠĺƿĺƠĺĕƔȥʔȥ$ĕőĺƿĕƌëĆőĕƔȱȥɷDĺƌƔƠȥDŦƨƌȥćƠĺƿĺƠĺĕƔȥʔȥ$ĕőĺƿĕƌëĆőĕƔȱȥɷDĺƌƔƠȥDŦƨƌȥćƠĺƿĺƠĺĕƔȥʔȥ$ĕőĺƿĕƌëĆőĕƔȱȥɷ418 ććĕőĕƌëƠĕĎȥpŦĆĺőĺƠdžȥ őëdžĆŦŦŎ419 Accelerated Mobility Playbook (AMP) Burlingame, CA Phase 1: Readiness Assessment May 30, 2025 420 421 Executive Summary 4 AMP Overview 7 Urgency for Change 8 A Vision for Mobility 10 Phase 1: Readiness Assessment 12 Establish a Shared Goal 15 Align Partnerships 19 Resource Partners 23 Build the Network, Quickly 27 Action Plan 32 Phase 2: Initiation 34 Phase 2: Activities 35 Phase 3: Activation 37 Phase 3: Activities 38 Detailed Budget 40 Interview List 41 About City Thread 42 For the purposes of this report, we may use “bicycle network,” “bike network,” and ”mobility network” interchangeably. While some cities and experts may differ in opinion, when we use any of the above phrases, we are referring to on-street infrastructure that is built to specifically accommodate bicycles, scooters, and other individual mobility devices. TABLE OF Contents 422 4Burlingame AMP Today, leaders in cities big and small face a daunting mix of challenges. In addition to responsibilities to keep a city running, public officials are tasked with pressing issues of population growth and decline, climate change, income inequality, economic vitality, and public safety. Burlingame leaders are proactively looking for ways to address these challenges. The future of Burlingame and mobility are inextricably linked. The city’s relatively small size and dense, mixed- use neighborhoods, strategic access to regional transit systems, and moderate climate provide an ideal environment where bicycling, walking, and public transit can help Burlingame residents thrive. Elected leaders have a track record demonstrating support for safer streets and transportation choices. Building on its commitment to sustainable, people-centered mobility, the City adopted the 2020 Bicycle and Pedestrian Master Plan, which lays out a comprehensive vision for a low-stress network of bike routes and pedestrian- friendly corridors that connect neighborhoods, schools, parks, and transit hubs. This Accelerated Mobility Playbook (AMP) outlines an accelerated approach to help Burlingame achieve a new goal, centered around filling the gaps in its existing bikeway network and enhancing pedestrian infrastructure. To prepare this report, City Thread interviewed 21 stakeholders, examined planning documents, reviewed public meeting minutes, and surveyed public messaging strategies used in the Burlingame area. The pages following this Summary provide more detailed findings and themes. This plan concludes with a set of customized recommendations that Burlingame can use to improve implementation methods, build effective partnerships with community stakeholders, and amplify support for changes to the city’s streets. Accelerate the plannnning, design, and construction of 1110 miles of the planned bicycle netwwwork by 2028. Executive Summary 423 5Burlingame AMP Burlingame’s playbook is distilled into the following four strategies: Establish a Shared Goal Burlingame can capitalize on growing popular support for infrastructure improvements that make it safer and easier for residents to use bikes, low-speed mobility devices, or walking in the city’s neighborhoods. By aligning with the Master Plan’s call for both near-term upgrades and long-range network development, momentum can be focused on a City-led campaign for connecting its on- street network to deliver safe and complete routes for people walking and riding. Effective partnership relies upon a shared vision among a diverse group of community stakeholders, including residents, businesses, community based organizations, anchor institutions, and others. Setting a network implementation goal helps clarify what each partner is working to accomplish and aligns the diverse work of individuals and organizations into a single focus. To be effective, this vision must be bold yet achievable. It should inspire partners to action and, when accomplished, build momentum toward future success. Align Partners A coalition model of organizing has been tested and used effectively in other cities to improve outcomes and sustain momentum for changes to city streets. The most effective coalitions engage with residents with diverse viewpoints, representing interests outside of mobility infrastructure. Effective messaging is only as effective as the messenger. A diverse coalition that represents Burlingame residents is needed to authentically communicate the vision for active transportation and the associated benefits and tradeoffs. A community-based coalition – aligned with but operating independently of the city – and its municipal partners need only to identify those spokespeople and amplify their voices to move forward, quickly. Acceleration: Burlingame will accelerate the planning, design, and construction of 10 miles of projects from its Bicycle and Pedestrian Master Plan by 2028. Collaboration: No single department or team within the Department of Public Works can achieve this goal on their own. Success will require focus and alignment among different divisions responsible for existing transportation duties and responsibilities, including community engagement and connections to development and housing projects. Community-Based Coalition: Create an expansive, non-partisan coalition with thoughtful recruitment from outside the bicycle community. An organized coalition is key to turning out support at the time and in the way that is most helpful to city staff and elected leaders. Partnerships: City and philanthropic investment should be dedicated to implementing the short- term recommendations of the Bike and Pedestrian Master Plan. A people-centered approach to transportation planning moves residents from automobile-dependency to a community connected by pedestrian, bicycle, and transit networks, and is particularly important in low-to-moderate-income residents and commuters. 424 6Burlingame AMP Build a Network, Quickly Once existing community support and demonstrated political will is aligned, cities can rapidly accelerate the pace of network implementation. The resulting projects are transformative, connected, and complete, meeting the community’s desire for transportation choices and improved safety. Successful implementation requires consistent engagement practices and predictable project delivery methods. While the process of building infrastructure contains multiple layers of simultaneous activities, cities can streamline and refine their efforts to make implementation easier, more efficient, and less expensive. Resource Partners Achieving the City’s bold and ambitious goal requires new resources so that each stakeholder group – city staff, elected leaders, and community partners – can effectively work towards it. Building trust and cooperation in partnerships is easier when everyone has access to the resources needed to accomplish their roles. The AMP acknowledges that each of the groups represented in this partnership is critical and that they require different forms of support. To provide these resources, the AMP highlights the role of philanthropy, corporate sponsors, and anchor institutions - not just as funders, but also as conveners, spokespeople, and invested representatives of the city’s future. Fund Development: Executing the AMP requires funding, and much of it can’t – and shouldn’t – come from the municipal coffers. Resourcing the coalition starts with hiring a coalition manager to devote full time energy to this work, but does not end there. City Thread estimates that local philanthropic and business interests have the capacity to provide up to $2.5 million over three years to support community-based activities. Project Delivery: Burlingame will create and test new methods of holistic project delivery where urgent safety improvements are most needed. These methods will seek to redefine public engagement, interdepartmental collaboration, and partnerships with community supporters. Community Engagement: A robust community engagement strategy will work with underrepresented constituencies to more fully reflect community needs in the planning and implementation of each new bikeway network project. Community partners will connect resident and neighborhood concerns to the City’s work. 425 7Burlingame AMP AMP Overview 7Burlingame AMP Transportation, mobility, and access improvements offer cost-effective solutions to the challenges cities face, but traditional methods of planning, project development, community engagement, and messaging often leave residents searching for better answers, and the resulting projects rarely achieve their desired intent. Improvements to the built environment take too long to implement, infrastructure is disconnected and incomplete, and poor messaging around projects creates fear and distrust, empowering a vocal minority of opposition. The Accelerated Mobility Playbook (AMP) provides a roadmap for accelerating project delivery, completing network-focused implementation plans, and conducting authentic community engagement. It showcases existing popular support and enables leaders to get ahead of opposition and neutralize misinformation. The AMP is divided into three distinct phases. The phases build on each other — rooted in the trust, collaboration, and mutual support among key stakeholders needed to accelerate project delivery. Phase 1 of the AMP is both an audit of a city’s current state of practice and an action plan for improved implementation and partnership. This phase is presented in two parts: •A Readiness Assessment details the results of an audit conducted by City Thread to benchmark the current mobility environment. Understanding the current practice of project delivery, capacity of city staff and local partners, backing from elected leadership, intensity of community support, and philanthropic engagement allows City Thread to identify challenges that will affect accelerated implementation and the creation of effective partnerships. • An Action Plan outlines opportunities to improve mobility network implementation methods, build lasting and effective partnerships with community stakeholders, and amplify existing public support for changes to the city’s streets. The recommendations include suggested campaign objectives, budget guidance, and next steps for community action. With the AMP action plan in hand, Phases 2 and 3 follow. It is in these phases that work begins to build a diverse coalition of community supporters, launch a supportive media campaign, develop a process for rapid project delivery, and accelerate the construction of complete mobility networks. 426 8Burlingame AMP Urgency for Change 8Burlingame AMP Cities today must address an intimidating list of challenges. Responsibility for the critical issues of affordable housing, gentrification and displacement, climate change, income inequality, economic vitality, and public safety fall to our public officials – all in addition to day- to-day operations of a city. Most communities lack the resources and strategies needed to adequately tackle these problems, threatening the quality of life for residents and preventing cities from realizing their full potential. Solutions to these challenges require careful planning and sustained leadership. Resources are limited, spread across large geographies and multiple issue areas, and the support that is available may not allow cities the flexibility to adapt solutions to their unique context and place. Local leaders, attentive to a range of constituent needs and interests, are not always aligned around a single strategy. As a result, public agencies are overwhelmed by the scale of problems, and must direct their limited capacity to small improvements or short-term solutions. Our challenges are connected. A history of segregation and disinvestment in many cities has consequences that they continue to reap today. Highways divided thriving communities, separating them from amenities and essential services and stunting their capacity for economic and social growth. Redlining and discriminatory housing practices, community investments, business development, and access to recreation and education have resulted in distinct geographic disparities within any municipality – a result that furthers the experience of disconnection and distrust among residents. Limited availability of low-and middle-income housing options, and a historical preference Burlingame faces a mix of challenges. Solutions to these challenges require careful planning and sustained management. • Like many cities, traffic and pedestrian safety has become a bigger concern as Burlingame densifies, particularly near downtown, schools, and transit corridors. Residents are increasingly vocal about safer streets for all users. • The city has a history of taking “big shots” at major redevelopment projects that, while transformative, leave little room for smaller scale improvements that could be accomplished as part of routine maintenance of the city’s infrastructure. • The city's roads, bridges, and water and sewer systems are in urgent need of repair and modernization. Deferred maintenance due to budget constraints is a real issue, particularly when weighed against ambitious development projects. • Increases in housing costs make it difficult for low-income residents to find affordable and stable housing. The city remains one of the most expensive residential markets in the Bay Area, with median home values exceeding $2 million and median monthly rents around $2,643. • Trust between city staff, elected leaders, and community members has eroded where the public engagement process lacks clarity and projects don't meet the expectations of those providing input. 427 9Burlingame AMP 9Burlingame AMP for low-density, single family residential homes places upward pressure on property values. Finding affordable housing forces many residents to live further away from centralized employment and cultural districts. Long term residents find it increasingly difficult to remain in their neighborhoods, while young professionals and seniors are being priced out of cities. Those that stay find the shifts in the culture and experience of their neighborhoods disorienting and dispiriting. Transportation networks become increasingly congested, leading to longer commute times, increased air pollution, and decreased safety. For municipal leaders, aging infrastructure, increasing project costs, and limited staff capacity make it difficult to keep pace with the growing demands placed on public infrastructure. Meanwhile, residents and business leaders face the reality of declining traffic safety, limited parking options, crowding and overuse of recreational areas, and insufficient connectivity to the places they frequent on a daily basis. Cities must also grapple with the challenge of maintaining their cultural identity and uniqueness. Cookie-cutter solutions threaten traditional cultural practices, and can lead to the homogenization of a community’s identity or the displacement of people, neighborhoods, and civic pride. Looming above it all, climate change poses a significant threat to urban areas due to the concentration of people, infrastructure, and resources. Forest fires, extreme weather events, and heat waves are some of the climate change impacts that cities must address to maintain their viability. Mobility options can help. Cities that have developed and promoted complete, safe networks for biking, walking, and accessing public transit have made measurable progress in addressing the other challenges they face. While increases in biking and walking are far from the only solution, they are a cost-effective, time-tested, quickly implemented remedy that can be applied just about anywhere in the world. A connected network of mobility infrastructure allows people to get where they need and want to go without adding more cars to the road. Moreover, the city’s capacity to deliver high quality projects that meet the needs of its constituents demonstrates the effectiveness of local government and rebuilds trust between residents and the leaders they elect. The development of a complete, connected network does much more than improve mobility; it helps cities sustainably build on their success and ease the challenges they face. 428 10Burlingame AMP A Vision for Mobility 10Burlingame AMP To overcome the range of challenges cities face, leaders must provide more options that give people a choice for how they get from one place to another. To do this, cities must invest in infrastructure that is connected, comfortable, and easy to use. Cities with safe mobility networks have made measurable progress at increasing the popularity of biking, walking, and rolling for daily transportation. The development of complete mobility networks does much more than improve transportation. Cities that provide mobility options are widely recognized as great places to live and work, balancing the economic and tourism potential of the city with the needs and desires of local residents just trying to get to school, the park, or the grocery store safely. Good infrastructure doesn’t require bike riders, drivers, or pedestrians to navigate incomplete connections that force everyone into unsafe and confusing situations. Instead, improved infrastructure helps us move forward together by relieving traffic congestion, increasing mobility and opportunity for residents, and making our city feel more alive and livable. Our transportation problems are too big to be solved by any one solution. We know that thinking about transportation needs as a whole will make cities more livable—no matter how people choose to get around. When carefully planned and constructed, mobility projects can help everyone get where they need to go with the greatest safety, reliability, and the least amount of hassle. In cities with many transportation options, people make choices that give them the most control over their schedule. Having these options opens up opportunities for everyone – for job opportunities, commuting, recreation, and health. Build a Network A mobility network is a completely connected, By increasing the popularity of biking, walking, and rolling for daily transportation, Burlingame can increase opportunity for everyone. • City Council members, residents, and local leaders share concerns about speeding and reckless driving. This provides an opportunity to connect issues of traffic safety to tangible mobility network improvements. • The city has a robust network of neighborhood groups, BIDs, community- based organizations, and anchor institutions – a prime audience for new ideas, aspirational messaging and positive reinforcement in support of safer mobility options and complete streets projects. • The business community is eager to buy into and support a vision for streets and public spaces that will lead to mobility options, traffic safety, and economic vitality across the city. • The City has the policy and planning framework needed to create and test a new model of project delivery that includes effective messaging and community engagement, cross-departmental collaboration, and meaningful partnerships with local businesses, community-based organizations, and anchor institutions. 429 11Burlingame AMP 11Burlingame AMP comfortable system of sidewalks, trails, bike lanes, transit stops, and accessible public spaces that allow people to travel safely, comfortably, and reliably without using a car. Everyone, no matter if they bike, walk, scoot, drive, or use an assisted mobility device, can get where they are going with the greatest safety and the least difficulty because everyone’s traffic flow needs are met through careful planning and smart construction. The community-focused framework established in the 2019 Envision Burlingame comprehensive plan and the subsequent adoption of a new Bicycle and Pedestrian Master Plan in 2020 provide an opportunity to create and test a new model of project delivery built on cross-departmental collaboration and meaningful partnerships with local businesses, community-based organizations, and anchor institutions. The street network allows drivers to travel anywhere in their community without needing to think much about where they are going or how they will get there. Complete mobility networks offer the same flexibility to people who don’t drive. Connect People and Places A mobility network can only be successful if it connects residents to popular destinations like schools, parks, trails, employment centers, libraries, grocery stores, community centers, and clinics. In most cities, there are good pieces of a network: a shared use path or two, some appealing neighborhood streets, and maybe a protected bike lane on a major corridor. Too often, though, these projects stand alone and fail to help users fully reach their desired destinations. Community organizations, businesses, and neighborhood leaders are willing to support a vision for streets and public spaces that will lead to more mobility options, traffic safety, and economic vitality across Burlingame, but they need to be engaged in a movement that supports this larger vision rather than reactive campaigns to preserve on-street parking or keep unhoused people away from their businesses. By increasing the connectivity of the network, cities create more equitable access for increasingly diverse populations and offer more choices on how residents move through their community. Improve Comfort and Safety The design quality of the network matters. For decades, traffic engineers assumed that people on bikes could almost always share the road with cars or that intersections are best left without marked crosswalks. However, a striped bike lane on a street with fast traffic isn’t an appealing place to ride for most people, and putting a pedestrian crossing sign along a busy thoroughfare doesn’t make it a place where parents want to cross with their children. For a mobility network to attract the widest audience of users, its most fundamental attributes should be comfort, safety, and convenience. Thoughtful design and route selection give people of all ages and abilities the real option to leave their cars at home. Attractive street improvements send the message that streets are for everyone, and that the city can build public spaces that value and prioritize everyone that lives there. 430 Phase 1: Readiness Assessment The Accelerated Mobility Playbook (AMP) begins with an audit of the existing mobility landscape in Burlingame. This audit includes an evaluation of ongoing mobility projects, existing partnerships, examples of community-based support, and the City’s ability to deliver transformational projects. City Thread relies on insight from people involved in the process, current plans, public records, and case studies of past projects to get a deep, personal sense of where mobility-based projects are succeeding and where improvements could be made. The assessment seeks to understand project delivery using four strategic areas: 431 13Burlingame AMP 13Burlingame AMP The playbook is designed to overcome typical challenges that prevent cities from developing complete, safe mobility networks: • Resistance, internally and externally, to changing the design and function of public roads, particularly changes that are perceived as a threat to car use; • Limited funding options for transportation infrastructure, especially in the context of all other infrastructure needs within a community, including storm water drainage, parks, bridges, municipal buildings, schools, and roadway maintenance; • Newspaper and social media comments that misrepresent public opinion by giving a small minority of citizens a prominent platform to express their personal opposition to complete streets infrastructure; • Concern that creating safer spaces for people walking or biking will reduce convenient parking options and hurt businesses that depend on easy access; • Perceptions that bicycling is a niche activity with minimal potential to improve mobility and reduce traffic congestion; and • A negative image of people who bike as quirky, condescending elitists and not mainstream. Partnership Development To manage this multi-year action plan and build robust systems that enable sustained momentum, the AMP recommends opportunities to increase staffing capacity and support across all levels of local leadership. Participation in study tours and technical workshops provides an opportunity to align partners on program goals, learn from peers, and build relationships with other practitioners from around the world. Public Communications Audience research, public opinion surveys, content branding, paid marketing strategies, and earned media help pinpoint public perceptions of mobility solutions, present those results to decision makers, and share findings through local media outlets. Public opinion research guides a messaging strategy that presents the benefits of multimodal choices for local residents and bolsters support for the acceleration of mobility projects. Community Outreach Thoughtful engagement of residents, non- profits, businesses, and other leaders in the community builds support for mobility projects. Through close collaboration and cooperation with municipal leaders and transportation departments, local outreach activities diversify the base of support in neighborhoods where projects are being planned and increase the visibility of non-bicycle advocates and supporters. Implementation Support While the AMP recommends municipal partners be responsible for funding capital expenses associated with network implementation, it also recognizes the need for technical expertise to provide crucial design, project management, communications, organizational, and strategy assistance for all coalition partners. Understanding the limitations of staffing capacity helps inform these recommendations. 432 14Burlingame AMP 14Burlingame AMP Concerns about speeding, reckless driving, and housing affordability create urgency for City Council and civic leaders to expand transportation choices and create safe streets for everyone. By increasing the city’s mobility options, Burlingame can compete with its peer cities while also achieving intersecting goals around equity, health, safety, and economic growth. The AMP provides a dynamic, accelerated approach to overcoming these challenges. It works first to establish a short-term implementation goal for placed-based projects, align the interests of community groups with municipal departments, resource all those parties to maximize the potential of the private/public partnership, and move collectively towards rapid completion of the mobility network. Distilled into four distinct steps, the AMP strategy first establishes a vision for what can be achieved once partnership among like- minded stakeholders is created. From there, it develops working relationships built on trust and accountability, and promotes the systems needed to facilitate communication, information sharing, and benchmarking. Support from philanthropy and other sources allows the partners to work toward their bold, ambitious goal. Project delivery follows, accompanied by a city-wide messaging campaign and a diverse coalition in support of the city’s selected projects. Organized into four steps, the AMP outlines opportunities to define a short-term implementation goal, build lasting and effective partnerships with community stakeholders, amplify existing public support for changes to a city’s streets, and improve methods of project delivery . 433 15Burlingame AMP 15Burlingame AMP The availability of capital funding, a healthy mix of forward-looking policies, or the presence of charismatic leadership are not sufficient on their own to guarantee a city will work quickly and effectively to improve mobility. The success of any city-wide initiative depends upon partnership and coordination among various community stakeholders. Elected officials announce and drive initiatives based on their public commitments. City staff use their technical expertise, public engagement activities, and capital funding to carry out these initiatives. Community groups educate residents and support city staff and elected officials on behalf of constituent needs. Where We Started The future of Burlingame and mobility are inextricably linked. The city’s relatively small size and dense, mixed-use neighborhoods, strategic access to regional transit systems, and moderate climate provide an ideal environment where bicycling, walking, and public transit can help Burlingame residents thrive. There is no shortage of plans or policy priorities to address the city’s transportation needs. For more than a decade, City officials have advanced and championed road diets, protected bicycle lanes, and traffic calming measures throughout the city. Network plans, design guides, and implementation manuals have been developed, publicly vetted, and funded for almost all modes of transportation throughout the city. 1. Establish A Shared Goal Burlingame has the policy foundation in place to advance its mobility goals, but project managers lack a comprehensive approach that binds the numerous plans and programs into a cohesive implementation strategy. In spite of this preparation, large gaps in the network remain and many existing routes do not meet modern design standards for a low stress, all ages and abilities experience. Individual plans are not necessarily informed by 434 16Burlingame AMP 16Burlingame AMP other planning documents and remain focused on single-modes of travel. Implementation is expensive and time-consuming. City-wide, project managers lack a comprehensive strategy that binds the many plans and programs being advanced on an annual basis. In Burlingame, efforts to create safer, more inclusive streets have steadily advanced through a combination of policy, planning, and community investment. The city has embraced complete streets principles in recent years by integrating multimodal improvements into routine street upgrades, such as the addition of high-visibility crosswalks and curb extensions along California Drive and other streets. Projects like the Broadway Grade Separation and the California Drive roundabout showcase how major infrastructure can prioritize safety for people walking and biking, while also improving traffic flow and access to Caltrain. These efforts are guided by a long-term vision outlined in Burlingame’s 2020 Bicycle and Pedestrian Master Plan, which charts a path toward a citywide network of low-stress bikeways and walkable streets designed to serve people of all ages and abilities. Past projects demonstrate important progress, but the network still remains sparse and disconnected. Despite best efforts in recent years, planning and design efforts for major corridor projects have been piecemeal, leading to a patchwork of suggested bicycle and pedestrian enhancements that do not link up in a connected, citywide vision for active transportation. Where We Can Go Recently, elected leadership in Burlingame has been more aligned on how to deliver safer streets and transportation choices. Building on its commitment to sustainable, people-centered mobility, the City adopted the 2020 Bicycle and Pedestrian Master Plan, which lays out a comprehensive vision The following challenges affect the pace and acceptance of efforts to reconfigure Burlingame’s roadways: • Despite having a detailed project list contained within the Bicycle and Pedestrian Master Plan, there are no commonly understood goals for implementation. Municipal leaders and community partners have different expectations and no established strategy to guide implementation or direct resources. • Community engagement is often managed by external consulting partners, sometimes resulting in inconsistent messaging and effectiveness of outreach efforts. Limited capacity and resources prevent city staff from taking a more prominent role in project meetings. • Some stakeholders, including business and property owners, claim that the outcomes of past projects differ in design from the original scope, and there is no explanation for why changes were made. These influential stakeholders have limited trust in Burlingame's ability to effectively plan and deliver projects that meet their needs. • Supportive advocates for active transportation feel that the city’s implemented designs fail to meet community expectations, ignore modern best practices for safety and access, and present obstacles to seamless connectivity and comfort for users. These stakeholders should be supportive of the city's efforts, but are wary to engage more robustly. • Staff are tasked with multiple job duties and priorities, some of which are urgent public safety issues, leaving little time to establish a strategy that will guide implementation or allocate resources. 435 17Burlingame AMP 17Burlingame AMP for a low-stress network of bike routes and pedestrian-friendly corridors that connect neighborhoods, schools, parks, and transit hubs. This plan identifies priority improvements and concept designs for key locations such as California Drive, Broadway, and the El Camino Real corridor, where safety and access are most critical. In addition to planning for long-term transformation, Burlingame has pursued bold opportunities to redesign public space with multimodal users in mind. The California Drive roundabout project, for example, reimagines a high-traffic intersection to better serve bicyclists and pedestrians while improving vehicle circulation. The project also integrates green infrastructure and stormwater management features, demonstrating how mobility investments can support environmental goals and urban resilience. Burlingame’s City Council has increasingly emphasized the need for faster, more predictable delivery of mobility improvements, aligning with the Master Plan’s call for both near-term upgrades and long-range network development. Unlike cities with major transportation bonds, Burlingame must look to low-cost, rapid implementation strategies—such as quick- build bike lanes, high-visibility crossings, and traffic calming pilot projects—to respond to urgent safety concerns and community demand for walkable, bikeable neighborhoods. While recent accomplishments have signaled meaningful progress, ongoing collaboration with residents, schools, local businesses, and regional partners remains essential. A shared, clearly communicated vision—grounded in the values of safety, equity, and connectivity—will help unify community efforts and ensure that Burlingame’s streets continue to evolve to meet the needs of all who use them. Effective partnership relies upon a shared vision among community stakeholders. Setting a network implementation goal helps clarify what each partner is working to accomplish and aligns the diverse work of individuals and organizations into a singular focus. To be effective, this vision must be bold yet achievable. It should inspire partners to action and, when accomplished, build momentum toward future success. One of the reasons cities often fail to accomplish their transportation goals is that their objective is too big in size or scale. They try to run before they can walk. For Burlingame, establishing large-scale implementation goals before defining the engagement processes needed to manage community expectations has left city staff exposed to opposition and backlash, internally and externally. Rather than using the AMP to change the entirety of Burlingame’s transportation effort, City Thread recommends building on the momentum already in place to accelerate projects identified in its Bicycle and Pedestrian Master Plan. This slightly narrower focus will help to build the partnerships, trust, and track record of accomplishment needed to sustain a system-wide shift in planning and development practices for other modes. A focus on coalition building, authentic community engagement, and high-quality projects can serve as a model for broader mobility programs in the future. 436 18Burlingame AMP City Thread recommends Burlingame take the following action steps: • Acceleration: Burlingame will accelerate the planning, design, and construction of 10 miles of projects from its Bicycle and Pedestrian Master Plan by 2028. • Collaboration: No single department or team within the Department of Public Works can achieve this goal on their own. Success will require focus and alignment among different divisions responsible for existing transportation duties and responsibilities, including community engagement and connections to development and housing projects. • Community-Based Coalition: Create an expansive, non-partisan coalition with thoughtful recruitment from outside the bicycle community. An organized coalition is key to turning out support at the time and in the way that is most helpful to city staff and elected leaders. • Partnerships: City and philanthropic investment should be dedicated to implementing the short-term recommendations of the Bike and Pedestrian Master Plan. A people- centered approach to transportation planning moves residents from automobile- dependency to a community connected by pedestrian, bicycle, and transit networks, and is particularly important in low-to-moderate-income residents and commuters. • Fund Development: Executing the AMP requires funding, and much of it can’t – and shouldn’t – come from the municipal coffers. Resourcing the coalition starts with hiring a coalition manager to devote full time energy to this work, but does not end there. City Thread estimates that local philanthropic and business interests have the capacity to provide up to $2.5 million over three years to support community-based activities. • Project Delivery: Burlingame will create and test new methods of holistic project delivery where urgent safety improvements are most needed. These methods will seek to redefine public engagement, interdepartmental collaboration, and partnerships with community supporters. • Community Engagement: A robust community engagement strategy will work with underrepresented constituencies to more fully reflect community needs in the planning and implementation of each new bikeway network project. Community partners will connect resident and neighborhood concerns to the City’s work. 437 19Burlingame AMP 19Burlingame AMP Achieving network implementation goals are most effective when project delivery is supported by community-based organizations and leaders that are trusted by local residents. Long before a project is proposed to a community, city staff, and advocacy partners should be working to build long-term relationships with neighborhood leaders. Looking For Direction City leaders struggle to define a common value proposition that could be used to build support for street changes. As a result, completed projects often take a long time and fail to meet the needs and expectations of residents, businesses, or elected officials. Internally, the project delivery process puts staff in the position of defending their recommendations three times, first to the general public, second to the TSP Commission, and finally to City Council itself. Each level of engagement invites residents to offer opposing viewpoints and fails to build on previous outreach efforts. This creates a bottleneck that not only slows project delivery but also requires staff to constantly respond to feedback, often from the same people asking the same questions that have already been addressed. Business leaders and residents lack understanding of how planned changes to city streets can benefit all road users, regardless of how they choose to get around. Mobility advocacy is small and under-resourced. City-wide communications about transportation projects fail to build consensus 2. Align Partnerships What Works Well… • City staff, in multiple departments, have the experience needed to deliver projects at an accelerated pace. The City’s prepared plans, policy guidance, and internal expertise are not a limitation to achieving a bold, ambitious implementation goal. • Residents, business leaders, and community champions understand the city’s most pressing challenges. They are ready to support city-led efforts if they have a meaningful pathway to engage in opportunities for change. • Burlingame has a high quality of life, with residents and business owners that are deeply invested in seeing their community thrive. What Doesn’t Work Well… • No single organization, entity, or leader holds a vision that is shared universally by other supporters. Without a prescribed implementation program, progress is limited to piecemeal projects that don't offer the outcomes community members seek. • City staff has never before attempted to deliver projects at this scale. Internal processes and communications among departments will need to be rethought without sacrificing project quality or authentic public engagement. • Community partners lack the resources or organizing structure needed to effectively participate in public processes or develop meaningful relationships with each other. A commitment to the city’s future is shared by most, but a lack of funding and staffing prevent them from engaging productively. 438 20Burlingame AMP 20Burlingame AMP with external partners and don’t present a clear message on the benefits of mobility projects. Elected leaders and community members are not united on mobility infrastructure goals, making coordination and communication difficult. Additionally, project delivery teams are working beyond their capacity to manage a growing portfolio of projects. Mobility projects that develop in isolation are largely misunderstood by the public and difficult for even supportive elected officials to explain. Residents, businesses, and other community stakeholders that could be activated in support of city-led projects are not equipped with the information, messaging, and organizing strategy needed to participate meaningfully. Levers for affecting project outcomes or communicating with decision-makers are opaque, so residents and community groups turn to social media, Next Door, and direct communication with staff, TSP Commissioners, or City Council members. Models of Collaboration Despite its challenges in implementing a clear and transparent project process, Burlingame has effectively collaborated with trusted community partners on other projects. The new Community Center is an example of a successful project that used thoughtful and extensive community engagement to reach residents in profoundly different ways than more routine projects led by the city. Burlingame has a solid network of residents, businesses, and organizations that understand the benefits of mobility and placemaking. A shared vision that will unite and focus these stakeholders is critical. Polling, messaging, and coalition building in support of a clear and compelling vision will provide the City Council with the affirmation needed to follow through on community commitments. Support from a broad and diverse coalition of partners will increase the city’s capacity to deliver transformative • Without leadership from elected officials, city staff and community partners don’t have a message around which to build broad support. • Extended project timelines for planning, design, and implementation fail to establish realistic expectations, and are often viewed as a mismanagement of government resources. • City staff undermine community engagement processes and effective messaging when they don’t deliver on the promise of safe mobility. • Communications from projects fail to engage a broader audience — primarily people that drive — or demonstrate the benefits of proposed roadway changes to residents that may never get on a bike. 439 21Burlingame AMP 21Burlingame AMP projects. The most effective coalitions engage with residents from a variety of distinct but related viewpoints, representing not only mobility infrastructure, but also youth engagement, safety, disability access, public health, affordable housing, social and racial justice, economic development, environmental sustainability, and other community concerns. Mode-specific organizations like Walk Bike Burlingame play an important role in representing member interests and advocating for bicycle safety and access improvements, but struggle to engage effectively with city partners or talk about projects in a way that engages a wider audience, particularly those that do not bike. These groups should be part of a coalition, but cannot become its visible leaders and serve its goals successfully. Limited staffing capacity and a lack of financial resources prevent the city’s Planning, Public Works, and Community Development teams from participating effectively in every project. This results in tension between resident expectations and what is possible with the current public processes. Honoring people’s deep connections to their communities and providing clarity on where and how their feedback fits in would create more ways for broad support to find its way to leadership. Although the city employs communications experts adept in the modern forms of communications, online algorithms, and social media platforms, responsibility for communication about projects lacks a framework for consistent and predictable messaging. Communications would be bolstered by preparing talking points that connect the city’s mobility goals with pressing matters of sustainability, affordability, and public safety. There is an opportunity to pivot the existing “us vs. them” narratives to be more comprehensive, informative, and mode-agnostic, and to maintain engagement after projects are complete to share their outcomes and benefits accurately. Shift the Conversation Selecting the right messengers - and the right messengers for different audiences - will be key to any accelerated implementation program. Reaching broad, diverse audiences is most successful when the messenger represents community-wide interests and is respected by neighborhood leaders. Important target audiences include people who drive and those who don’t identify as bicycle riders. Collaboration, accountability, and a consistent process for communication would go a long way to increase resident satisfaction and trust in project planning and delivery. In 2018, social marketing firm Neimand Collaborative, and their data analytics partner, Artemis Strategy Group, commissioned research across eight U.S. metropolitan areas to better understand mobility and the ways in which bike infrastructure can help people achieve their transportation goals. Although different in size, demographics, geography, and transportation resources, people agree that most cities are not easy to get around and desire better transportation options. The research found that a 69% majority of voters support investments in active transportation infrastructure. Even more impressive, this support increases to 81% 440 22Burlingame AMP when sidewalks, traffic calming, and bike lanes are combined with other transportation improvements such as road maintenance, additional on-street parking, or integration with public transportation. Three-quarters of respondents believe that this comprehensive approach to transportation infrastructure would make their communities more livable. Audience research is important to ensure communications are not just talking to community members, but connecting with them emotionally–and inviting them to participate through a call to action. After defining the audience and their top areas of concern, a broad and diverse coalition will be able to customize messaging to suit those objectives. In some markets, digital ads make more sense than others, as does specific messaging about safer streets for kids or less congested roads for drivers. With a diverse coalition in place, and messaging that resonates with residents, a marketing campaign can successfully activate residents to support reorganized streets. The campaign's call to action engages traditionally apathetic or less engaged residents, directing their support to local leaders and decision-makers. This campaign will be deployed across a dynamic and diverse media roadmap that aligns with the city and coalition’s activity. To accomplish this broad-based support, the AMP recommends creating an expansive, non-partisan coalition formed with thoughtful recruitment from outside the bicycle community. Potential members include philanthropy, business leaders, parents, long-term residents, and anchor institutions. Strategic decisions around who leads the coalition can play a meaningful role in advancing the city’s mobility goals. This coalition will work hand-in-hand with city staff to accelerate the implementation pace of the planned mobility network. A new partnership between city staff and this community-based coalition has an opportunity for testing, learning, and iterating on a small scale for all mobility projects in the future. 22Burlingame AMP Strategies for communicating the promise of a safe, connected, and convenient mobility network: • Don’t oppose cars; you need drivers to support mobility infrastructure. • Transition the use of “active transportation” and “complete streets” to “mobility networks” in order to frame infrastructure as a solution for all modes of transportation. • Don’t be a "special interest" for bike lanes and biking; show your interest in mobility solutions for everyone without judgment. Instead, talk about how mobility infrastructure improves the lives of all — whether they bike or not. • Remember how few people use bikes as their primary mode of transportation and respect their choices. • Acknowledge that stress, fear, confusion, and inconvenience people feel is common in Burlingame. Suggest traffic calming, protected bike lanes, and accessible sidewalks are part of the solution. 441 23Burlingame AMP 23Burlingame AMP Success will require securing new resources to implement the strategies described in this playbook. Building trust and cooperation in partnerships is easier when everyone has access to the resources needed to accomplish their roles. The AMP recognizes that each of the constituent groups represented in this partnership requires a different set of resources in order to maintain productive partnerships. Partner Needs Building trust in partnerships is essential for fostering a collaborative and cooperative environment. This is accomplished by aligning on a shared goal, acknowledging past shortcomings, filling the gaps that contributed to them, and replicating successful strategies. The previous section of this report spoke to the importance of ensuring that city staff, relevant departments, and elected leaders are focused on a clear and measurable goal, while bringing community organizations, businesses, faith-based groups, anchor institutions, and others to the table. Each of these stakeholder groups need resources to ensure they can meaningfully contribute to reaching that goal. Aligning and resourcing partners are not two linear steps that happen independently. They are linked and iterative: successful partnerships are constantly and consistently reinforcing the focus on the shared goal while providing the information, support, funding, training, and guidance that allows each member of the team to help reach that goal. Elected Leaders The mayor and city council need to know that they are responding to community priorities, and must be prepared to connect municipal initiatives to those interests. Audience 3. Resource Partners 442 24Burlingame AMP 24Burlingame AMP research, including polling, resident surveys, and focus groups, pinpoints the issues that residents care most about and provides insight into how to message them effectively. Paid media campaigns bolster the connection between what people want (safe streets) and what the city is doing about it (installing speed humps). These campaigns simultaneously let people know that elected officials are actively working to improve their lives and that these projects are effective at bettering neighborhoods. Among the Council’s focus areas, members have included street safety improvements that will increase access for people walking, biking, and using transit. These improvements are part of a broader focus on accessible housing and economic development, targeted at policy changes and specific neighborhoods. The council trusts the City Manager and staff to prioritize how policy recommendations are operationalized. Elected leaders need to work with city staff to establish a community engagement process that is respectful of staff time and capacity, reduces redundancy, builds trust, and boosts resident confidence in the City’s ability to implement projects successfully. Without effective communication demonstrating the connection between project plans and the concerns that residents have voiced, support is limited to a knowledgeable few and vulnerable to pushback. Resourcing elected leaders means giving them the data that demonstrates support for the initiatives that they are backing, talking points that connect community needs to municipal programs, and paid media efforts that reinforce that connection at a wider scale. City Staff Municipal departments tasked with managing street improvements, and those leading community engagement and communications efforts, need help to stay focused on a bold, ambitious implementation goal. First, they need to know that elected leaders will support meaningful changes, especially if a vocal – and possibly powerful – few start pushing back. Second, city staff need community partners to show up when and how they will be most effective in voicing their support. Local school and business communities joining with residents to attend a neighborhood meeting about a planned street change and speaking in favor of it sends a powerful message. City council members and those in opposition see that a majority of residents want the project. Finally, staff may need professional development or technical assistance to help them deliver more projects at a faster pace. Training, workshops, or participation in national conferences can provide the knowledge and expertise needed for innovative street treatments. Consultant support for design, engineering, or writing applications for state or federal grants can make the difference between two neighborhoods receiving street calming improvements and ten neighborhoods getting them. Community Partners Community partners have an important role to play: maintaining focus on the shared goal, encouraging high quality projects that meet 443 25Burlingame AMP 25Burlingame AMP resident expectations, championing city commitments, and cheerleading the outcomes are critical for moving everyone in the right direction. A coalition composed of diverse partners, representative of resident, neighborhoods, businesses, and anchor institutions, is an extremely effective model. This coalition must be able to unite, direct, activate, and fund its members to ensure their desired outcomes are met. Resourcing the coalition starts with hiring a coalition manager to devote full time energy to this work, but does not end there. Additional funding can provide stipends to key partners to organize and staff activities like weekly Bike Trains to school, disseminating yard signs, or door-to-door canvassing. Mini grants to local non-profits or neighborhood associations can fund mural projects or tabling activities at the farmers market. Ambassadors or street teams can answer questions, create content for social media, or organize neighborhood rides or walks. All of these activities strengthen the coalition and engage its members to meld the work they do best with direct support to municipal projects and programs. An organized coalition is also key to harnessing and focusing community excitement in the way that is most helpful to city staff and elected leaders. Close coordination with these partners means that residents are encouraged to show up for THIS community engagement event but not THAT city council meeting. Emailing the mayor may be less effective than posting support on the city’s Instagram account. Consistency and predictability sustain municipal leadership commitment to the shared implementation goal. Philanthropy The partners described above require funding, and much of it can’t – and shouldn’t – come from the municipal coffers. While some activities might find funding from existing grant programs, the coalition must work with, but not for, the city in order to preserve its independence and maintain trust with community members. Historically, philanthropy has not heavily invested in transportation infrastructure in the U.S. The complex regulatory environment and long timelines associated with infrastructure projects have deterred many foundations, which often prefer more immediate and measurable impacts. This trend has begun to shift in recent years as the critical role of transportation in addressing issues like climate change, economic inequality, and public health has become increasingly apparent, prompting more funders to explore ways to engage with and influence transportation systems. AMP provides philanthropic organizations an entry point for supporting transportation through strategic partnerships and targeted investments. AMP’s strategies align with a variety of place-based priorities and have tangible and replicable results. This approach also focuses funding to activities that support city investment, leveraging capital infrastructure dollars and staff time in order to achieve a shared goal. Most importantly, philanthropic contributions support local organizations and leaders working collaboratively with each other in new ways. While the focus is specific and time-limited, the benefits of building these relationships and strategies can be sustained 444 26Burlingame AMP long afterward. While community, family, and corporate foundations are the primary funders for AMP activities, corporations and individual donors may also have a role to play. Corporate and business interests are often tied to mobility as they consider how to recruit and retain employees and move people from where they live to work centers. In Burlingame, local businesses, the hospitality industry, and corporate campuses are facing transportation challenges, with shared interests around helping people access retail centers and recreational opportunities, as well as helping residents, visitors, and employees get to the places they want to go. AMP Funding Potential Burlingame has an active and robust funding community that prioritizes environment, climate, human services, and accessible housing—consistent with giving trends seen regionally. These priorities can align with efforts to change the way city streets work. Positioning street safety and mobility options as critical to accessing the benefits that philanthropy is supporting in Burlingame is a strong and important message. As the peninsula responds to the continued growth of technology companies in Silicon Valley, Burlingame can make a case for private dollars to support public initiatives connected to shared challenges of housing and transportation. Demonstrated leadership from elected officials and influential staff about the importance of building a complete transportation network would go a long way in strengthening trust with and support from funders. Major donors, Forbes 500 companies, and private developers are untapped funding sources for community development programs. They are primed to see the connection between complete mobility networks, their vision for the area, and the need to build effective partnerships with the City. City Thread estimates that local philanthropic and business interests have the capacity to provide up to $2.5 million needed to support AMP strategies over the next three years. Philanthropic, corporate, and major donors can contribute meaningfully to this fund development work. Strategies for making a compelling pitch to specific funding sources: Foundations & Philanthropy • Demonstrate how the work will advance their strategic goals • Reflect their values and vision in the ask Businesses & Corporations • Calculate measurable return on investment • Align the shared goal with their priorities for growth Major Donors • Leverage or build personal relationships and an emotional connection • Use storytelling to illustrate how the work will affect individuals as well as the community 445 27Burlingame AMP 27Burlingame AMP After the shared goal is set and partnerships are aligned and resourced, the City is ready to move quickly to deliver projects. Successful implementation requires consistent engagement practices and predictable project delivery methods. While the process of building infrastructure contains multiple layers of simultaneous activities, cities can streamline and refine their efforts to make implementation easier, more efficient, and less expensive. Predictable and Consistent Burlingame should set clear expectations for process, timeline and outcomes. Projects often face stringent deadlines, funding constraints, and political obstacles that can clash with the organic, time-consuming process of building community trust. Staff can mitigate the community’s fears by establishing standard written procedures that outline the key decision points, timelines, and decision-makers for each project. Clarity and consistency has been especially relevant in Burlingame’s implementation of the 2020 Bicycle and Pedestrian Master Plan, where having clearly defined goals and prioritization criteria helped city staff communicate why certain corridors—like Carolan Avenue and Broadway—are slated for improvements ahead of others. Presenting projects as a complete network or as mobility improvements can help dissolve intense backlash against specific corridors. Instead of presenting one project at a time, try combining different corridors into one, larger project scope. Spell out the projects that need to be built, prioritize routes that will have the biggest impacts, and establish a transparent process local residents can understand. In Burlingame, this strategy was reflected in the City’s framing of the Broadway and California Drive upgrades as part of a comprehensive effort to create safe, connected routes linking the Bay Trail, transit stations, and schools. This positioning helped build broader community 4. Build The Network, Quickly The following challenges affect the city’s ability to implement much needed roadway projects: • City departments lack consistency in their public engagement strategies, causing confusion among community partners and residents. • Community engagement takes place early in the project delivery process, but concludes before the city’s technical experts and implementation crews are able to change project scopes and designs. This creates a mismatch between the expectations of engaged residents and the final project outcomes they see after construction concludes. • The prioritized outcomes of different mobility plans can create conflict for project prioritization and selection. Pursuing a connected network, addressing dangerous intersections, or traffic calming may be at odds with prioritizing equity in disinvested neighborhoods. • City staff spend an inordinate amount of time responding to misinformation rather than showcasing a vision for the city’s transportation future. 446 28Burlingame AMP 28Burlingame AMP buy-in by showing how each element contributed to a more complete mobility network. The short term nature of this Playbook can be helpful, as a short-term plan is often more relatable for engaged citizens. Drawings or renderings of what the street or neighborhood will look like when the project is complete can generate enthusiasm and commitment. For instance, in public engagement for the California Drive roundabout, the City shared visual simulations and street-level renderings, helping residents visualize improvements for pedestrian crossings and landscaping. This generated strong support and helped ease concerns about the roundabout's unfamiliar design. Transparent Communication The broad and diverse coalition of partners developed and resourced in earlier steps of the AMP play a critical role as the city begins to build. Coalition members help city leaders tap into resident support, neighborhood events, and coalition-led activities to share project Burlingame should prioritize the following to build the network, quickly: • Implement a new cross-department collaboration model and a revised project implementation process that identifies when and how the community engagement, communications, planning, engineering, and construction teams activate. • Utilize a messaging framework, informed by audience research, that speaks to people who drive as well as those who bike, scoot, walk, and take public transportation. • Select and prioritize projects that meet multiple safety metrics and contribute to the City’s planned network approach. Define how equity, displacement, and gentrification considerations will be included in the planned mobility network. • Build trust and community through partnership with a broad and diverse coalition of residents, community-based organizations, businesses, philanthropy, and anchor institutions that represent local needs and interests. 447 29Burlingame AMP 29Burlingame AMP delivery timelines, opportunities to weigh in, and where projects are in the process. In Burlingame, partnerships with groups like Burlingame Safe Routes to School and local PTA organizations have been instrumental in gathering community feedback and educating families on safety improvements near schools, like those along Ray Drive and Oak Grove Avenue. Knowing that effective messaging depends on the right messenger, coalition leadership can offer insight on who and how to update influential local leaders. A diverse coalition representing Burlingame residents, elected leaders, and community partners can authentically communicate the vision for mobility and the associated benefits and tradeoffs to reach a shared goal centered around streets that work for everyone. During public outreach, staff will often hear about other issues that are important to the community. If people express concerns about garbage pickup, crumbling sidewalks, or broken street lights, the City should be ready to address those challenges, too. During community meetings for the Bicycle and Pedestrian Master Plan, residents voiced concerns about poorly maintained sidewalks and lack of ADA-compliant crossings in older neighborhoods. The City responded by prioritizing sidewalk repair and curb ramp upgrades alongside bike improvements, helping to demonstrate that all mobility concerns are taken seriously. Responding promptly to these issues, and treating them as the important contributors to community well-being that they are, builds trust between residents and city staff. Ensuring that the appropriate City Councilmember, or one of their staff, is present to respond to community concerns can also help demonstrate that elected leaders are receptive to and aware of local issues. Councilmember engagement in a project responding to safety concerns raised by downtown merchants on Broadway was key in addressing skepticism. When residents saw their concerns being acknowledged by elected officials in real time, trust in the process increased significantly. Public engagement doesn’t end once design or construction begins. How the City moves to implementation says as much to community members as a public hearing or press conference. Residents may have to endure the temporary inconveniences of construction for weeks or months – timely communication about these impacts helps manage their burdens. In the case of the El Camino Real safety enhancements, ongoing updates via newsletters and on the City website kept the public informed about construction detours and anticipated completion dates—reducing frustration and building goodwill. The project delivery process itself, if done well, can build momentum for projects. When it comes time for building, continue your outreach to keep people engaged and up to date. In the same way that a lack of communication during construction can weaken goodwill, too long a gap between planning and implementation can lead to frustration, annoyance, and even diminished support for the project. Consensus may erode as people forget their earlier enthusiasm, and the uncertainty of project timing and the realization of its benefits can create a backlash. 448 30Burlingame AMP To the extent possible, shrink the time it takes to move from public meetings to construction. For example, when Carolan Avenue bike lane improvements moved forward quickly after initial community feedback, it reinforced the idea that local input could lead to real-world changes. Residents felt heard, and support for future projects grew. People will be amazed that their input had such an immediate effect, and they’ll show up to the next meeting trusting that their participation matters. After the conclusion of each project, take time to meet with all partners to review and refine the process from start to finish. Did community partners come to the table at the right point? Did city staff have the assistance they needed to move from design to engineering to construction? Were local champions resourced to show up when and where it mattered? Did public meetings run as expected? Did the messaging resonate and result in the desired actions? Is the mayor still on board? In Burlingame, these lessons were apparent following implementation of improvements around Washington Park, where local feedback after the fact led to refinements in wayfinding signage and adjustments to curb ramps. Debrief sessions helped city staff improve engagement for future phases and strengthened cross-departmental coordination. No project goes perfectly, and thoughtful debriefs identify what to keep and what to change for the next one. These collaborative reviews offer an opportunity to involve stakeholders who are not involved in the day- to-day activities, such as philanthropy and elected officials. They offer a perspective that can positively influence the next iteration of the project process. 449 31Burlingame AMP 31Burlingame AMP Network Guidance The following principles provide the framework for decision-making and measuring progress of complete mobility networks: Low-Stress Choosing to walk or bike should be a low- stress experience. The built infrastructure is the greatest influence on whether a person considers a route to be low-stress. Low-stress networks take many forms including protected bike lanes, shared use paths, bike boulevards, raised crosswalks, ADA ramps, wide sidewalks, street trees, and more. All low-stress networks are safe and comfortable for any user, of any age or ability. Connected Networks, by definition, must connect to each other, creating a continuous path of low-stress routes. By extending the existing low-stress corridors and then building the network outward, cities can avoid building discontinuous pieces here and there across its geography. Useful Mobility networks should provide people with access to daily destinations including jobs, healthcare, services, shopping, and schools. By providing access to meaningful destinations, bicycling, walking, or taking public transit can become a convenient and attractive option for travel. Equitable Infrastructure investment should be equitable across the city, with an emphasis on using these investments to increase the livability and access to jobs and services for historically underserved neighborhoods. Networks should be designed to be comfortable and appealing to a wide array of people, especially those that fall outside of the traditional bicyclist persona. This involves providing adequate operational space for people that move at slower speeds, users of other personal mobility devices - wheelchairs, scooters, skateboards, and more - and including traffic control elements that increase the safety, security, and usability of the mobility network. Timely Network improvements should be implemented in a timely manner to quickly transform the city’s streets. This will necessitate focusing on cost-effective design treatments and choosing projects along corridors with fewer constraints to advance design and implementation. Central to this principle are an efficient, coordinated City process and partnerships that lead to sustainable methods of project delivery and measurable results. 450 Action Plan This Accelerated Mobility Playbook (AMP) outlines an accelerated approach to help Burlingame achieve a new goal - accelerate the planning, design, and construction of 10 miles by 2028. This plan concludes with a set of customized recommendations that Burlingame can use to improve implementation methods, build effective partnerships with community stakeholders, and amplify support for changes to the city’s streets. This Action Plan includes suggested campaign objectives, budget recommendations, and an 451 33Burlingame AMP 33Burlingame AMP implementation timeline. Strategies for the AMP program are divided into two distinct phases: • Phase 2 activities are designed to establish working relationships between community groups and municipal staff. Resources are secured to maximize the potential of partnerships among various community stakeholders, and move collectively towards implementation. Phase 2 activities typically take 6−12 months to complete. • Phase 3 activities build on the established outcomes of the previous phase - stewarding and strengthening the working relationships between community partners - while including the additional responsibility of mobilizing community supporters in meaningful and effective ways to align with the accelerated project delivery schedule. Phase 3 activities typically take 18−24 months to complete, depending on the scale of projects being supported. Cities that commit to AMP Phase 2 and Phase 3 are undertaking a meaningful investment in time, expertise, political capital, and financial resources to rapidly accelerate the implementation of their mobility plans. To be successful, all stakeholders (city staff, elected officials, community organizations, and philanthropic partners) must work in partnership with each other and with the broader community. Phase 1 of the Accelerated Mobility Playbook concludes with this report. It benchmarks your city’s capacity and partnerships against best practices, and identifies challenges that delay projects and impede progress. Moving forward, Phases 2 and 3 seek to methodically implement solutions to those challenges, and simultaneously promote partnerships that allow mobility projects to be implemented faster. 452 34Burlingame AMP 34Burlingame AMP PHASE 2 Playbook Initiation Activity 1.1 Host focus groups Activity 1.2 Conduct representative surveys Activity 1.3 Develop creative marketing assets Activity 2.1 Hire coalition manager Activity 2.2 Develop infrastructure project list Activity 2.3 Host a coalition membership summit Timeline: 12 months Budget: $660,000 Activity 3.1 Launch community outreach activities Activity 3.2 Host study tour for leadership Activity 3.3 Launch paid media campaign Phase 2 of the Accelerated Mobility Playbook establishes working relationships and systems of communication between municipal staff and their community partners. Burlingame staff finalize a list of prioritized projects that will address urgent roadway safety needs while also creating the backbone of a connected, safe, and convenient active transportation network. Thoughtful engagement of residents, non-profits, businesses, and other leaders in the community will help build support for transportation projects. Through close collaboration and cooperation with municipal leaders and planning and public works departments, local outreach activities diversify the base of support in neighborhoods where projects are being planned and increase the visibility of non-bicycle advocates. Q1: DEVELOP COMMUNICATIONS PLAN Resident focus groups and public opinion surveys inform a marketing and communications campaign that will support the City of Burlingame’s effort once project implementation begins. The strategy for timing, placement, and messaging of this campaign is matched against the implementation schedule developed by the Public Works Department. Q2: BUILD A COALITION An individual or organization should be hired to lead and manage a branded coalition of supporting community organizations that will be the public face of community engagement and communications efforts. City staff and community leaders will create work plans for community outreach, construction management, and communication campaigns. This work plan recommends contracting technical expertise for crucial design, project management, communications, organizational, and strategy assistance. Q3: ALIGN COMMUNITY PARTNERS Coalition members will test methods of outreach intended to support the City’s public engagement efforts. Local non-profit organizations will be resourced to organize and execute some aspects of community engagement. Targeted events and neighborhood ambassadors will be deployed to build awareness of upcoming mobility projects. All partners will share the message that mobility networks make the street safer and more efficient for all users. Q4: ADJUST THE IMPLEMENTATION PLAN Outreach and media intensity is reduced, moving the focus to making adjustments to media placement, developing additional collateral, and increasing the frequency and intensity of the messaging campaign. Coalition activation strategies and outcomes will be reviewed and adjusted for future “activation sprints.” Activity 4.1 Refresh creative marketing assets Activity 4.2 Review project implementation plans Activity 4.3 Identify technical assistance needs The budget ranges presented for this phase include programmatic expenses needed to accomplish the tasks outlined in the above. These budgets do not reflect the municipal capital resources needed to construct infrastructure.453 35Burlingame AMPBuQ1 Q2PHASE 2ACTIVITIESDEVELOP COMMUNICATIONS PLANBUILD A COALITIONActivity 1.1: Focus groups identify the depth of community support for safer mobility options, test the resonance of messaging strategies, inform paid media efforts, and ascertain influence with key audiences. Activity 1.2: Representative surveys evaluate the depth and focus of community support for more and safer mobility options. This research can be used to test message language, inform public information and marketing efforts, and determine effectiveness with key audiences.Activity 1.3: Using the insights developed from audience research, a professional creative or marketing agency will develop a creative brief. This brief will outline a recommended messaging framework, creative concept, and media placement strategy for use locally to build support for accelerated mobility networks.Activity 2.1: An individual or organization will be contracted to lead the development of a diverse community-led coalition. This coalition manager will align local outreach activities and initiatives with the network implementation goals established by Burlingame’s Public Works Department, facilitate communications among local partners, and activate coalition members to support network implementation.Activity 2.2: Coalition leadership will collaborate with City staff and make recommendations about the reorganization of municipal engagement, planning, and implementation processes to accelerate network implementation. This collaboration will produce a project list and outline the timeframe, milestones, and resource needs required to support the accelerated pace of development. Activity 2.3: The coalition manager will organize and host a summit of all coalition members. This event will serve as an annual kick-off for outreach activities, build excitement for upcoming projects led by Burlingame’s Public Works Department, soft-launch the paid media campaign, and provide opportunities for new members to strategically engage with the coalition.454 36Burlingame AMPQ3Q4PHASE 2ACTIVITIESALIGN COMMUNITY PARTNERSADJUST THE IMPLEMENTATION PLANBActivity 3.1: The coalition will support the City’s public engagement efforts by resourcing local non-profit organizations to organize and execute community activations. The effort will include, but is not limited to, outreach to neighborhoods in the project areas, coordinating community meetings, door-to-door canvassing, and digital sharing of project information.Activity 3.2: Study Tours allow a small delegation of key coalition partners and municipal leaders to take part in an immersive learning experience. Set against the backdrop of leading U.S.- based cycling cities, these trips help coalition partners to align on the AMP goal and frame a conversation on the required strategies needed to rapidly transform their community’s streets. Activity 3.3: Launch the paid media and advertising campaign. Placement, frequency, intensity, and calls to action will be coordinated with the implementation timeline established by Burlingame’s Public Works Department.Activity 4.1: Using the insights developed from audience research, campaign performance metrics, and evaluations of coalition activity, the marketing creative brief will be updated. This renewed brief will outline recommended changes to the messaging framework, creative concept, and media placement strategy for use in the following year.Activity 4.2: Coalition leadership will collaborate with City staff and make recommendations about the reorganization of municipal engagement, planning, and implementation processes to accelerate network implementation. Refinements to the project list, timeframe, milestones, and resource needs will be assessed. Activity 4.3: City staff will identify technical assistance needs to improve public engagement, planning, design, and implementation of selected projects in the coming year. 455 37Burlingame AMP 37Burlingame AMP PHASE 3 Playbook Activation Activity 5.1 Contract technical consultants Activity 5.2 Host coalition summit Activity 5.3 Launch paid media campaign Activity 6.1−6.2 Launch coalition engagement programs Activity 6.3−6.4 Monitor campaign efffectiveness Activity 6.5 Renew audience research Timeline: 12 months Budget: $918,000 Activity 7.1−7.2 Continue coalition engagement programs Activity 7.3−7.4 Monitor campaign efffectiveness Activity 7.5 Participate in AMP peer training program Activity 8.1 Host coalition celebration Activity 8.2 Host study tour for leadership Activity 8.3 Develop sustained momentum strategy Phase 3 of the Accelerated Mobility Playbook mobilizes community supporters in meaningful and effective ways to align with the accelerated project delivery schedule led by city staff. City of Burlingame staff begin the systematic implementation of selected projects, utilizing a consistent approach to public engagement, project design, and implementation processes. Community-led activities, demonstrations of support, and celebrations of successful project completion are organized in quarterly “sprints” that run parallel to the City’s construction efforts. Each sprint contains a similar set of activities but are modified based on performance and need. Q5: MOBILIZE THE COALITION Leading up to the start of construction efforts, the coalition will work with its member organizations to finalize community outreach plans, develop and launch paid media campaign materials, and organize neighborhood kick-off events for planned projects. Q6: ACTIVATE COMMUNITY SUPPORT (SPRINT #1) Working alongside City staff, coalition members will strategically align neighborhood activation and outreach activities to coincide with ongoing engagement, planning, and construction activities led by the City of Burlingame. Thoughtful engagement of residents, non-profits, businesses, and other leaders in the community builds support for active infrastructure projects. Q7: ACTIVATE COMMUNITY SUPPORT (SPRINT #2) Working alongside City staff, coalition members will strategically align neighborhood activation and outreach activities to coincide with ongoing engagement, planning, and construction activities led by the City of Burlingame. With accelerated construction of the network underway, city staff may identify technical or community-based problems requiring the assistance of the coalition. Q8: CELEBRATE AND SUSTAIN MOMENTUM As construction efforts near completion, outreach and media intensity is reduced, allowing the coalition, City of Burlingame, and its partners the opportunity to reflect on the end of this multi-year campaign, celebrate the shared success, and build momentum for future collaborative efforts. The budget ranges presented for this phase include programmatic expenses needed to accomplish the tasks outlined in the above. These budgets do not reflect the municipal capital resources needed to construct infrastructure.456 38Burlingame AMPBuPHASE 3ACTIVITIESQ5 Q6MOBILIZE THE COALITIONACTIVATE COMMUNITY SUPPORTActivity 5.1: Experienced consulting firms will be contracted to support municipal processes related to public engagement, planning, design, and implementation. The consultants will provide task order-based services for various planning and design related activities that allow Burlingame to increase the speed of implementation.Activity 5.2: The coalition manager will organize and host a summit of all coalition members. This event will serve as an annual kick-off for outreach activities, build excitement for upcoming projects led by Burlingame’s Public Works Department and provide opportunities for new members to strategically engage with the coalition.Activity 5.3: Launch the paid media and advertising campaign. Placement, frequency, intensity, and calls to action will be coordinated with the implementation timeline established by Burlingame’s Public Works Department. Activity 6.1: The coalition will support the City’s project delivery efforts by resourcing local non-profit organizations to organize and execute some elements of community engagement. The effort will include, but is not limited to, outreach to neighborhoods in the project areas, coordinating community meetings, door-to-door canvassing, and digital sharing of project information.Activity 6.2: Engage a local public relations firm to proactively monitor and pitch stories on the City’s mobility efforts. Key allies and spokespeople will be introduced to media contacts in hopes of broadening the base of support beyond municipal employees and transportation advocates. Activity 6.3: Monitor and evaluate coalition activation strategies and outcomes related to the City’s public engagement process. Adjust in real-time as necessary, and record outcomes for future consideration.Activity 6.4: Collect and monitor campaign performance data to evaluate the reach of the paid media campaign and its effectiveness at securing completed calls-to-action. Adjust frequency, placement, and calls-to-action in real-time as necessary, and record outcomes for future consideration.Activity 6.5: An additional round of audience research will be used to monitor any change in the intensity of community support, messaging effectiveness, and reach with key audiences midway through the paid media program. Representative surveys will be used to guide adjustments to paid media, messaging, and calls-to-action in both real-time and for future consideration.457 39Burlingame AMPBuPHASE 3ACTIVITIESQ7Q8ACTIVATE COMMUNITY SUPPORTADJUST THE IMPLEMENTATION PLANActivity 7.1: The coalition will support the City’s project delivery efforts by resourcing local non-profit organizations to organize and execute some elements of community engagement. The effort will include, but is not limited to, outreach to neighborhoods in the project areas, coordinating community meetings, door-to-door canvassing, and digital sharing of project information.Activity 7.2: Engage a local public relations firm to proactively monitor and pitch stories on the City’s mobility efforts. Key allies and spokespeople will be introduced to media contacts in hopes of broadening the base of support beyond municipal employees and transportation advocates. Activity 7.3: Monitor and evaluate coalition activation strategies and the outcomes related to the City’s public engagement process. Adjust in real-time as necessary, and record outcomes for future consideration.Activity 7.4: Collect and monitor campaign performance data to evaluate the reach of the paid media campaign and its effectiveness at securing completed calls-to-action. Adjust frequency, placement, and calls-to-action in real-time as necessary, and record outcomes for future consideration.Activity 7.5: Leadership from the coalition and Burlingame will participate in a professional development training hosted by City Thread. Working alongside other cities that are implementing their own Accelerated Mobility Playbooks, participants will receive direct training from peer practitioners that have already successfully implemented playbooks in their communities.Activity 8.1: The coalition manager will organize and host a summit of all coalition members. This event will serve as a celebration for reaching the shared goal and recognition of the work and relationships built within the coalition. Activity 8.2: Study Tours allow a small delegation of key coalition partners and municipal leaders to take part in an immersive learning experience. Set against the backdrop of leading cycling cities, both domestically and abroad, these trips help coalition partners to align on the AMP goal and frame a conversation on the required strategies needed to rapidly transform their community’s streets.Activity 8.3: Coalition leadership will collaborate with City of Burlingame staff to debrief the strategies used to achieve the shared goal and develop a plan for sustaining the momentum. This collaboration will outline the timeframe, milestones, and resource needs required to support the City’s accelerated pace of development towards its next goal. 458 40Burlingame AMPPHASE 2-3DETAILED BUDGET ESTIMATESQ1 Partnership DevelopmentPublic CommunicationsCommunity OutreachImplementation Support$115,000$288,000$47,000$210,000$660,000$0$30,000$0$40,000$70,000Q2 $18,00$100,000$0$40,000$158,000Q3 $71,000$103,000$31,000$65,000$270,000Q5 Partnership DevelopmentPublic CommunicationsCommunity OutreachImplementation Support$31,500$25,000$5,000$148,000$209,500Q6 $31,500$85,000$45,000$75,000$236,500Q7 $121,500$40,000$45,000$75,000$281,500Q8 $31,500$55,000$29,000$75,000$190,500$216,000$205,000$124,000$373,000$918,000Q4 $26,000$55,000$16,000$65,000$162,000PHASE 2PHASE 3459 41Burlingame AMP First Last Title Organization John Kevranian CEO Broadway BID Susan Baker CEO Burlingame - SFO Chamber of Commerce Batya Berenfus President Burlingame BID Lisa Goldman City Manager City of Burlingame Ann Kiegrahn Former Mayor City of Burlingame Neda Zayer Director City of Burlingame, Dept of Community Development Margaret Glomstad Director City of Burlingame, Dept of Parks and Recreation Syed Murtuza Director City of Burlingame, Dept of Public Works Kevin Okada Assistant Director City of Burlingame, Dept of Public Works Michael Tsai Transportation Engineer City of Burlingame, Dept of Public Works Andrew Wong Senior Engineer City of Burlingame, Dept of Public Works Andrew Yang Transportation Engineer City of Burlingame, Dept of Public Works Arleen Cauchi Commissioner City of Burlingame, TSP Commission Lynn Israelit Commissioner City of Burlingame, TSP Commission Jennifer Johnson Commissioner City of Burlingame, TSP Commission John Martos Commissioner City of Burlingame, TSP Commission Clarrissa Cabansagan Executive Director Silicon Valley Bike Coalition John Hutar President and CEO The San Francisco Peninsula Lesley Beatty Founder Walk Bike Burlingame Jennifer Limbird Faber Resident Charles Mannina Property Owner Interview List City Thread would like to acknowledge and thank the following indiviudals for their time and expertise that facilitated the development of this report. Their participation in focus groups, meetings, and individual interviews were critical components of the recommendations presented here. 460 ABOUT City Thread ADDRESS 1550 Larimer Street, #863 Denver, CO 80202 PHONE (720) 466−5228 ONLINE info@citythread.org www.citythread.org City Thread is a national, non-profit 501(c)(3) organization working to connect people and communities. The City Thread team combines 50 years of experience in urban planning, marketing, communications, public participation, fundraising, grant making, community engagement, strategic planning, and campaign management. We collaborate with diverse teams of elected offcials, city staff, community leaders, funders, and residents to identify problems, brainstorm solutions, and develop a shared vision to accelerate mobility and place-based projects. Our custom strategies prioritize local coalition-building to develop organizations and launch campaigns that achieve success for everyone. Beginning in 2019, five U.S. cities pioneered use of the Accelerated Mobility Playbook to significantly advance the construction of their bicycle networks. Collectively, Austin, TX; Denver, CO; New Orleans, LA; Pittsburgh, PA; and Providence, RI constructed 335 miles of new, safe, and connected bikeways - moving projects from concept to completion in only 24 months. They are now on pace to fully build their planned networks 25 years earlier than expected. 461 CITY OF BURLINGAME PARKS AND RECREATION DEPARTMENT BURLINGAME CITY PARKS 2025 ASPHALT PATH REPAIR PROJECT CONTRACTOR’S BIDDING FORM Bayside Park Section A………………………………………..$__________________ Section B………………………………………..$__________________ Section C………………………………………...$__________________ Section D………………………………………..$__________________ Washington Park Section E………………………………………..$__________________ Section F………………………………………..$__________________ Section G………………………………………...$__________________ Section H………………………………………..$__________________ Section I………………………………………..$__________________ Section J………………………………………..$__________________ Total Base Bid (Items A-J): $ ________________ The successful lowest responsible bidder will be determined on the basis of the lowest Total Base Bid amount (Items A-J). Contractor: ______________________________________________________________ Contractor Representative: __________________________________ _____________________ Signature Date CITY OF BURLINGAME PARKS AND RECREATION DEPARTMENT BNO Builders INC Ben Giat, CEO/President 8/18/2025 68,000.00 12,000.00 7,000.00 15,000.00 7,000.00 5,000.00 10,000.00 7,000.00 17,000.00 20,000.00 168,000.00 Contractor Representative 215462 BURLINGAME CITY PARKS 2025 ASPHALT PATH REPAIR PROJECT CONTRACTOR’S BIDDING SHEET (Submit with Bid) (Total Price in Numbers): ____________________________________________ (Total Price in Words): ______________________________________________ The City of Burlingame reserves the right to reject any or all bids. Bidders are cautioned not to attach any conditions, limitations, or provisions to the proposal as such conditions, limitations, or provisions may render their bid non-responsive and cause its rejection. Award or Rejection of Bids The Contract, if awarded, will be awarded to the lowest responsible bidder subject to the City's right to reject any or all bids and to waive any informality in the bids or the bidding. Contractor Company: ______________________________________________________ Contractor Representative: _____________________________ __________________ Signature Date Contractor Phone: _____________________ Contractor Fax: ____________________ Contractor Email_______________________________________________ Contractor License Number: ________________________________________________ Complete and return a signed copy of Attachments 1-7. Failure to submit all of the Attachments may render the bid nonresponsive and may result in its rejection. BNO Builders INC Ben Giat, CEO/President 8/18/2025 None bids@bnobuilders.com 1107971 800-644-1872 One hundred seventy eight dollars and no cents. $168,000.00 Contractor Representative: 216463 CITY OF BURLINGAME PARKS AND RECREATION DEPARTMENT BURLINGAME CITY PARKS 2025 ASPHALT PATH REPAIR PROJECT DESIGNATION OF SUBCONTRACTORS (Public Contract Code Sections 4100 and following) As a bidder on the above-entitled project, the undersigned hereby designates the subcontractors that will perform work or labor or render services to the Contractor. The undersigned understands and agrees that should it fail to specify a subcontractor for any portion of the work, it agrees that the undersigned is fully qualified to perform that portion of the work itself, and that it shall perform that portion itself. Penalties for failure to comply with this provision are provided in the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The undersigned agrees that it shall not, without the written consent of the City, make any substitution, assignment, or sublet to or of the following list of subcontractors, which is made a part of this bid, and then only after compliance with the provisions of the Subletting and Subcontracting Fair Practices Act. [ATTACH ADDITIONAL PAGES IF NECESSARY] Name of Subcontractor Address of Subcontractor Work to be done by Subcontractor NAME OF BIDDER: _______________________________ Signature: _______________________________ Attachment 4 Complete and return a signed copy of Attachments 1-7. Failure to submit all of the Attachments may render the bid nonresponsive and may result in its rejection. BNO Builders INC Cato's General Engineering DBA Cato's Paving 22302 Hathaway Ave, Hayward, CA 94541 Repair Asphal Signature:_ 217464 CITY OF BURLINGAME PARKS AND RECREATION DEPARTMENT BURLINGAME CITY PARKS 2025 ASPHALT PATH REPAIR PROJECT NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I, ___________________________________ , declare under penalty of perjury that I am ____________________________________________________________________________ (sole owner, partner, president, etc.) of, _________________________________________________________________________ the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. _________ ________________________________ Date Signature of Representative of Bidder Attachment 5 CEO/President Ben Giat BNO Builders INC 8/18/2025 _________ Signature 218465 219466 220467 221468 222469