Agenda packet — Brisbane City Council, July 7, 2022 (part 2 of 2)

PUBLIC HEARING
L. Applicant Appeal of the Planning Commission’s April 4, 2022 Decision Denying the Modification of Interim Use Permit 2021-UP-3 to Allow the Use of a Vacant Site On the Baylands To Be Used For a Google Bus Staging Yard
(City Council will consider applicant appeal of the Planning Commission’s April 4, 2022 decision denying the modification of Interim Use Permit 2021-Up-3 to allow the use of a vacant site on the Baylands to be used for a Google Bus staging yard (Planning Commission Resolution 2021-UP-3-M) and revoking Interim Use Permit 2021-UP-3 (Planning Commission Resolution 2021-UP-3-R); Eric Aronsohn, applicant; Oyster Point Properties Inc, applicant/owner.) Councilmember Cunningham recused herself due to a conflict of interest and left the Zoom Webinar.

Senior Planner Johnson recapped the Planning Commission on April 4, 202 denying the modification of Interim Use Permit 2021-Up-3 to allow the use of a vacant site on the Baylands to be used for a Google Bus staging yard (Planning Commission Resolution 2021-UP-3-M) and revoking Interim Use Permit 2021-UP-3 (Planning Commission Resolution 2021-UP-3-R).

After council questions, Mayor Mackin opened the public hearing.

Eric Aronsohn, Director - Strategic Finance, Sustainability, Asset Management of Baylands Development Inc. and Ross Benson, Transportation Manager from Google appealed to the Council to reverse the Planning Commission’s decision.

City Clerk Padilla noted for the record that correspondence regarding this item was received from Dana Dillworth and a recent email was sent by Transdev Bus Operation.

Kim Follien was in support of the use permit asking the Council to decide based on facts.

Michele Salmon spoke in favor of the Planning Commission’s decision to revoke the Interim Use Permit and showed video clips.

Prem Lall was concerned about light pollution and asked that the lights in the bus yard be pointed down to the concrete.

Mary Rogers stated that Google was given many chances to fix the issues and they have not fixed them.

Barbara Ebel supported the Commissions decision because the appellant was not good at keeping promises and proposed a bond program for fines.
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City Council Minutes
May 19, 2022

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CM Lentz made a motion, seconded by CM Davis, to close the public hearing. The motion was carried unanimously by all present.

Ayes: Councilmembers Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
Recused: Councilmember Cunningham
After more clarifying questions directed to staff, Fehr and Peers the appellant’s traffic consultants, and Mr.

Aronsohn and Mr. Benson, Councilmember Lentz asked to continue the public hearing until Mr. Aronsohn can discuss with BDI about Tunnel Road safety and upgrades.

Councilmembers agreed with Councilmember Lentz. CM O’Connell made a motion, seconded by CM Davis, to continue the public hearing until the July 14 and provide more information on implementing roadway improvements on Tunnel Avenue (including northern and southern routes as well as the possibility of incorporating a bicycle lane). The motion was carried unanimously by all present.

Ayes: Councilmembers Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
Recused: Councilmember Cunningham
CM O’Connell made a motion, seconded by CM Lentz to continue the Interim Use Permit for another 60 days. The motion was carried unanimously by all present. CM Davis also requested for the appellant to provide more current bus yard usage data during those 60 days.

Ayes: Councilmembers Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
Recused: Councilmember Cunningham
M. Consider Approval of Use Permit 2022-UP-2; 1000 Sierra Point Parkway; SP-CRO Sierra Point Commercial District; Use Permit application to allow the use of minipigs in medical research and development (R&D) by Bristol-Myers Squibb in the existing, approximately 9,000 square foot vivarium; Ricardo Garcia, applicant; HCP LS Brisbane LLC, owner Senior Planner Johnson reported that the purpose of this public hearing item is for the Council to consider the proposed use permit application for Bristol-Myers Squibb (BMS) to conduct research on minipigs for cardiovascular research. It is being recommended that the City Council approve the requested use permit application 2022-UP-2.

After council questions, Mayor Mackin opened the public hearing. Dr. Ricardo Garcia Senior Director, Cardiovascular Drug Discovery from Bristol Myers Squibb and Dr. Beth Geist, Senior Staff Veterinarian from Bristol Myers Squibb asked for Council to approve the Use Permit Application as they will conduct research 157 M.

CITY COUNCIL AGENDA REPORT
Meeting Date: May 19, 2022
From: John Swiecki, Community Development Director
Subject: 600 Tunnel Avenue; Appeal of the Planning Commission’s Decision to revoke Interim Use Permit 2021-UP-3 and to deny the requested modification for continued staging of up to 90 Google Commuter buses on an approximately 3-acre vacant site on the Baylands.

Community Goal/Result
Safe Community - Residents and visitors will experience a sense of safety.

Purpose
To hear the appeal by Google Inc. of the Planning Commission’s decision to revoke Interim Use Permit 2021-UP-3 and to deny the requested modification for continued staging of up to 90 Google Commuter buses on an approximately 3-acre vacant site on the Baylands.

Recommendation
That the City Council make a decision on the appeals and provide direction to staff regarding the preparation of final resolutions.

Background
In 2019, the Planning Commission approved Interim Use Permit UP-4-19, which allowed for the establishment of a parking/staging yard for up to 90 Google commuter buses on the subject site, an approximately 3-acre vacant site on the Baylands, between Tunnel Avenue and the CalTrain rail lines. While the request was for 5 years, the Planning Commission approved a term of 2 years. In their project description, Google had characterized the use as routing trips to the north to access the U.S. 101 freeway via Beatty Avenue with hours of operation generally between 3 am and 7 am and 3 pm and 9 pm, Monday through Friday. At the time of approval, the Commision added a condition of approval prohibiting bus routing to or from the south of the yard, but the conditions did not address hours of operation. The Commission also advised that a future application should include actual traffic routing and trip count data. The approved bus routing map is provided as Attachment 5.

The yard was established and began operations in late 2019. Operations were then ceased from March 2020 to the Summer of 2021 due to the Covid-19 pandemic. During its operational period in early 2020, complaints were raised regarding lighting, dust and buses being seen south of the yard.
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In late 2021, the property owner applied, on behalf of Google, to extend the use via Interim Use Permit 2021-UP-3, which the Planning Commission approved on November 16th, 2021, for a one-year term. By the time of approval of the continuation of the use Google and BDI had demonstrated to the satisfaction of the Commission that the lighting and dust issues had been resolved. However, the Commission expressed concern about whether bus routing was complying with the permit and added a condition requiring Google to track the bus movements and these results be reported back to the Commission after 90 days. That report was provided to the Commission on February 24, 2022 and Google reported that the time-of-day trips did not match their previously provided schedule and some southern trips had occurred. Google reported that less than one-tenth of one percent (less than 1 per 1,000) of the trips had been in violation of the condition prohibiting southern trips.

At the February 24th meeting, the Commission directed that the permit should be scheduled for a revocation hearing, but the Commission also indicated that it would consider a modification to the permit, if requested by the applicant. The applicant subsequently filed for a modification to the interim use permit to reflect actual and anticipated time-of-day vehicle trips, which spread the trips out through the day, but did not change the total number of trips. Google also noted that they had been working on their communications, especially with new or substitute drivers, to prevent southbound trips, but acknowledged that their success rate had not been 100 percent. They did not request a modification to the northern routing, but requested allowance of a small margin of noncompliance to account for human error and unforeseen traffic situations which might preclude use of the northerly route for a limited time.

The Planning Commission held a public hearing on April 14th 2022, to consider the requested modification or revocation of the interim use permit. The Commission voted 3 to 1 to deny the requested modification and to revoke the permit.

An appeal of the Planning Commission’s decision, on April 14th, 2022, to revoke the interim use permit and deny the requested modification was filed by the property owner/applicant Oyster Point Properties Inc. (aka: BDI), on behalf of its tenant Google. The appeals are provided in Attachments 1 and 2.

Agenda reports and minutes from all Planning Commission hearings referenced above are provided in the attachments to this report.

Following the appeal of the Planning Commission’s decision, the applicant retained Fehr & Peers, a transportation planning and engineering consultant, to assess the traffic on Tunnel Ave. That work was done between May 3rd and May 5th. Fehr & Peers provided a description and analysis of road and traffic conditions along Tunnel Ave, with conclusions provided on page 6 of their report (see Attachment 6).

Discussion
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The Commission denied the applicant’s permit modification request based on the finding that the bus movements along Tunnel Avenue pose a safety risk to the public and revoked Interim Use Permit 2022-UP-3 based on the finding that Google had violated condition of approval #4 which states, “Routing of Google buses shall be to and from the north along Tunnel Ave and Beatty Ave to connect to U.S. 101. Buses shall not use Tunnel Avenue south of the site.” These are reflected in Planning Commission Resolution 2021-UP-3-M and Resolution 2021-UP-3-R.

Referring to the southern trips, the applicant stated that the appeals were based on the Planning Commission’s “unreasonable expectations that human error can be 100% avoided” and that it was “not willful violation”. They also requested more flexibility on the bus schedule to match the needs of Google employees, post Covid-19.

The Brisbane Municipal Code (BMC) Section 17.52.040 regarding Council action on appeals states that, “The city council shall conduct a de novo hearing on the appeal. At the close of the public hearing, the city council may affirm, reverse or modify the decision of the planning commission, either at the same meeting or at such later meeting as the council may determine, for any basis permitted by law.....” While the public record from the Planning Commission hearings is provided for reference, as a de novo hearing, Council may consider new information in its deliberations.

This includes the attached traffic assessment by Fehr and Peers as well as additional information that may be entered into the record through correspondence to the Council or during the public hearing.

The options before the City Council are, per BMC Section 17.52.040:
1) Affirm the Planning Commission’s decisions to revoke Interim Use Permit 2021-UP-3 and to deny the application to modify that permit. If this is the chosen option, Council should also specify the length of time that will be allowed before Google’s cessation of operations. 2) Grant the applicant’s appeal, reversing the decision of the Planning Commission to revoke the permit and approving the applicant’s request to modify Interim Use Permit 2021-UP-3. 3) Modify the decision of the Planning Commission. (i.e. conditions of approval may be modified.)
4) Continue this matter to a future date if the City Council requires additional time and/or information in order to make a decision on this matter.

Once the City Council provides direction as outlined in Options 1-3 above, staff will prepare the appropriate resolution(s) which will be scheduled for City Council adoption on the consent calendar at the next available meeting.

Fiscal Impact
None.
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Measure of Success
Processing of an appeal application consistent with Brisbane’s Municipal Code.

Attachments

1. Appeal of the Planning Commission’s Decision on Resolution 2021-UP-3-M

2. Appeal of the Planning Commission’s Decision on Resolution 2021-UP-3-R

3. Planning Commission Resolution 2021-UP-3-M – denial of modification

4. Planning Commission Resolution 2021-UP-3-R – revocation of 2021-UP-3

5. Bus Routing Aerial

6. Fehr & Peers Traffic Assessment Report, dated May 9, 2022

7. Modification Denial/Revocation
a) 4/14/2022 Agenda Report
b) 4/14/2022 Minutes (Draft)

8. Interim Use Permit 2021-UP-3 (1-year extension of UP-4-19) a) 10/28/2021 Agenda Report
b) 10/28/2021 Minutes
c) 11/16/2021 Agenda Report
d) 11/16/2021 Minutes
e) Resolution 2021-UP-3

9. Interim Use Permit UP-4-19 Documentation:
a) 10/24/2019 Agenda Report
b) 10/24/2019 Minutes
c) Resolution UP-4-19/EX-3-19
___________________________________ _____________________________ John Swiecki, Community Development Director Clay Holstine, City Manager 4 161
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For office use only
Date Submitted: _________
Fee:___________________
Receipt No.:_____________

A P P E A L
I/We hereby appeal the action by the
[X] Planning Commission
[ ] Zoning Administrator
[ ] Planning Director
on April 14, 2022 regarding Application No. Resolution 2021-UP-3-M [Action or Meeting Date]
for Modification of Interim Use Permit 2021 UP-3
[Project Description]
at 600 Tunnel Avenue
[Property Address]
The reasons for the appeal are:

Modification request met the requests of the Commission at previous meetings while complying with the Conditions of Approval. Modifications included more flexible bus schedule and more flexibility in the zero-tolerance policy for southbound buses which the Planning Staff recommended supporting for modification. An appeal to City Council is requested on the grounds that the modification was denied based on an unreasonable expectations that human error can be 100% avoided.
[Attach additional pages if necessary]
Name(s): Eric Aronsohn
Phone Number: 954-612-0307
Email Address: [email protected]
Mailing Address: 2201 Bayshore Blvd. San Francisco, CA 94134 Signature(s): __________________________________________________________________ Date: 4/21/22
ATTACHMENT 1
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For office use only
Date Submitted: _________
Fee:___________________
Receipt No.:_____________

A P P E A L
I/We hereby appeal the action by the
[X] Planning Commission
[ ] Zoning Administrator
[ ] Planning Director
on April 14, 2022 regarding Application No. RESOLUTION 2021-UP-3-R [Action or Meeting Date]
for REVOKING INTERIM USE PERMIT 2021-UP-3
[Project Description]
at 600 Tunnel Avenue
[Property Address]
The reasons for the appeal are:

Applicant does not believe that a small number of buses out thousands of trips (< 1%) traveling south on Tunnel is a reasonable reason for revocation. It was explained to the Commissioners that the handful of buses that traveled south were attributable to new drivers and substitute drivers not willful violation. An appeal to City Council is requested on the grounds that the revocation is unreasonable given the circumstances and extent of the routing issue [Attach additional pages if necessary]
Name(s): Eric Aronsohn
Phone Number: 954-612-0307
Email Address: [email protected]
Mailing Address: 2201 Bayshore Blvd. San Francisco, CA 94134 Signature(s): __________________________________________________________________ Date: 4/21/22
ATTACHMENT 2
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ATTACHMENT 3
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ATTACHMENT 4
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Google Bus Parking: Proposed Route Mapping
Red represents inbound buses
Blue represents outbound buses
*Cars belonging to drivers will be instructed to use this routing as well ATTACHMENT 5
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160 W. Santa Clara Street | Suite 675 | San José, CA 95113 | (408) 278-1700 | Fax (408) 278-1717 www.fehrandpeers.com
Memorandum
Date: May 9, 2022
To: Randy Breault, City of Brisbane
From: Ryan Caldera, PE and Robert Eckols, PE
Subject: Traffic Assessment of Tunnel Avenue in Brisbane, California SJ21-2062.02
This memorandum summarizes the traffic volumes, speeds, and vehicle classifications on Tunnel Avenue south of Beatty Avenue in Brisbane, California. This memorandum also describes the existing geometric conditions on Tunnel Avenue and the typical operations of the temporary corporate bus yard located at 600 Tunnel Avenue.

Existing Conditions
Tunnel Avenue
Tunnel Avenue is a north-south, two-lane minor arterial in northern Brisbane. The Circulation Element of the City of Brisbane’s General Plan, amended in 2020, defines minor arterials as major streets that primarily serve through traffic and, on a limited basis, access to abutting properties.

Specifically, the Circulation Element identifies Tunnel Avenue as an alternative to Bayshore Boulevard that will be improved upon development of the Baylands.

On the approximately 1,700-foot portion of Tunnel Avenue south of Beatty Avenue, the curb-tocurb width is approximately 42 feet. Along this portion, Tunnel Avenue is a Class III bicycle route with painted sharrows and has both formal and informal off-street parking areas on both sides of the roadway. There are some time-restricted parking signs (tow-away between 2:00 AM and 4:00 AM) on the east side of this section of Tunnel Avenue.

Further south extending to the intersection at Lagoon Road, Tunnel Avenue is approximately 26 feet wide with unpaved shoulders on both sides. On the east side of Tunnel Road, concrete blocks are regularly spaced in the unpaved shoulder approximately four feet off the paved roadway.

These concrete blocks reduce the shoulder to approximately four feet wide, and signs prohibiting ATTACHMENT 6
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Randy Breault, City of Brisbane
May 9, 2022

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stopping on this portion of Tunnel Avenue are places at regular intervals. Tunnel Avenue has no bicycle facilities or on street parking on this portion.

No pedestrian facilities are provided on Tunnel Avenue between Beatty Avenue and Lagoon Road.

Temporary Corporate Bus Yard
The undeveloped site at 600 Tunnel Avenue on the west side of the street is currently leased to corporate shuttle operators to store commuter shuttles when not in use. Corporate shuttles stored at the yard travel to/from US Highway 101 via the Harney Way-Beatty Avenue interchange.

Shuttle drivers are instructed to not use any other interchanges to access US Highway 101.

The corporate shuttle operator provided shuttle data for the period between Tuesday, May 3 and Thursday, May 5, 2022. For the dates observed, between 197 and 211 daily shuttle trips (inbound and outbound) occurred at the temporary corporate bus yard.

Data Collection and Summary
Traffic Volumes
Roadway segment counts were collected on Tunnel Avenue north of the temporary corporate bus yard between Wednesday, May 4 and Friday, May 6, 2022. Attachment A includes charts documenting the northbound, southbound, and total volumes each day of data collection, and Attachment B includes the raw count data.

Table 1 below presents the peak northbound, southbound, and total hourly volumes for each count day.

Table 1: Peak Hourly Traffic on Tunnel Avenue
Date
Northbound
(Time)
Southbound
(Time)
Total 2-way
(Time)
Wednesday, May 4 193
(8:00-9:00A)
107
(8:00-9:00A)
300
(8:00-9:00A)
Thursday, May 5 191
(7:00-8:00A)
102
(9:00-10:00A)
284
(7:00-8:00A)
Friday, May 6 192
(7:00-8:00A)
100
(7:00-9:00A)
292
(7:00-8:00A)
Highest Peak Hour
193
(8:00-9:00A,
Wednesday)
107
(8:00-9:00A,
Wednesday)
300
(8:00-9:00A,
Wednesday)
Source: Fehr & Peers, 2022.
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May 9, 2022

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The highest hourly two-way volume on Tunnel Avenue (300 vehicles) occurred on Wednesday, May 4 between 8:00 AM and 9:00 AM. Based on estimates from the Transportation Research Board’s (TRB) Highway Capacity Manual (HCM), two-lane minor arterials, like Tunnel Avenue, have an hourly capacity of approximately 1,760 vehicles before traffic operations degrade from Level of Service (LOS) D to LOS E, which is the City’s adopted standard. Based on the traffic volume counts, the vehicle demand on Tunnel Avenue is well below its hourly vehicle capacity at all times of the day.

Corporate Shuttle Volumes
Shuttle buses have a greater effect on roadway operations and asphalt maintenance than personal automobiles. The corporate shuttle operator provided shuttle data for the period between Tuesday, May 3 and Thursday, May 5, 2022. Attachment C includes line charts documenting the hourly shuttle volumes for each day.

Table 2 below presents the percent of corporate shuttles for the peak hours of Tunnel Avenue on Wednesday, May 4 and Thursday, May 5. (Corporate shuttle data for Friday, May 6 was unavailable for analysis at the time this memorandum was prepared.) Table 2: Corporate Shuttle Percent Share of Traffic – Peak Hour Date
(Time) Total Traffic Corporate Shuttles % Share of Corporate Shuttles
Wednesday, May 4
(8:00-9:00A) 300 7 2%
Thursday, May 5
(7:00-8:00A) 284 21 7%
Source: Fehr & Peers, 2022.

During both days where concurrent data was available, corporate shuttle traffic composed up to seven percent of total traffic on Tunnel Avenue during the peak hour. As stated above, the vehicle demand on Tunnel Avenue is well below its hourly vehicle capacity (1,760 vehicles) at all times including during the peak hour. Corporate shuttle traffic comprised up to two percent of total roadway capacity during the peak hour and did not have a significant effect on documented roadway operations.

Table 3 below presents the percent of corporate shuttle trips of the total daily trips on Tunnel Avenue for Wednesday, May 4 and Thursday, May 5.
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May 9, 2022

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Table 3: Corporate Shuttle Percent Share of Traffic - Daily Date Total Traffic Corporate Shuttles % Share of Corporate Shuttles
Wednesday, May 4 2,091 211 10%
Thursday, May 5 2,100 197 9%
Source: Fehr & Peers, 2022.

During both days where concurrent data was available, corporate shuttle traffic comprised up to ten percent of total daily traffic on Tunnel Avenue. Based on estimates from the HCM, two-lane arterials, like Tunnel Avenue, have a daily capacity of approximately 17,600 vehicles before traffic operations degrade from LOS D to LOS E. As a percentage of daily vehicle capacity, corporate shuttle traffic comprised up to two percent of total daily roadway capacity.

Speed Surveys
Speed survey data was collected at the same time as the roadway segment counts. Attachment D includes the raw speed survey data.

Table 4 below presents the average speed and 85th-percentile speed for each day of observation.

Data is presented for northbound vehicles, southbound vehicles, and total two-way vehicles on Tunnel Avenue.

Table 4: Summary of Speed Survey Data on Tunnel Avenue
Date
Average Speed (mph) 85th-Percentile Speed (mph)
Northbound Southbound Total 2-way Northbound Southbound Total 2-way Wednesday, May 4 30.2 29.7 30.0 38.5 37.1 38.0
Thursday, May 5 29.9 28.7 29.5 37.7 35.8 37.1
Friday, May 6 30.6 29.0 30.1 38.2 36.1 37.5
Overall 30.2 29.1 29.8 38.1 36.2 37.5
Source: Fehr & Peers, 2022.

During the three days of speed surveys, vehicles on Tunnel Avenue traveled 29.8 miles per hour on average. Additionally, the 85th-percentile speed is 37.5 miles per hour, meaning 85% of vehicles travel at 37.5 miles per hour or slower. This statistical value is typically used when setting posted speed limits. Where the 85th-percentile speed is higher than the posted speed limit, either traffic calming measures are considered to reduce vehicle speeds, or the posted speed limit is increased.
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May 9, 2022

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Tunnel Avenue does not have a posted speed limit between Beatty Avenue and Lagoon Road. The posted speed limit on Tunnel Avenue south of Lagoon Road is 35 miles per hour, although that section does not have any painted sharrows for mixed traffic with bicyclists.

Vehicle Classification
Vehicle classification data was collected at the same time as the roadway segment counts. The vehicle classification data is presented with the raw vehicle count data in Attachment B.

The Federal Highway Administration (FHWA) identifies thirteen vehicle classifications, ranging from motorcycles (Class 1) to seven-plus axle multi-trailer trucks (Class 13). Attachment E describes the thirteen vehicle classifications in detail. For this memorandum, Classes 1, 2, and 3 are considered “light vehicles/automobiles,” Class 4 is considered “commuter shuttles/buses,” and the remaining eight classes are considered “heavy vehicles/trucks.” Figure 1 below presents the percentages of each vehicle type during the three days of data collection.

As shown in the figure above, approximately 88.3% of vehicles observed on Tunnel Avenue were classified as light vehicles and automobiles, 6.9% were classified as commuter shuttles and buses, and 4.8% were classified as heavy vehicles and trucks.

It is noted that the vehicle classifications observed through roadway counts are slightly different from the data provided by the commuter shuttle operators summarized in Table 2 and

88.3%

6.9%

4.8%
Figure 1: Vehicle Classifications on Tunnel Avenue
Light Vehicles/Automobiles Commuter Shuttles/Buses Heavy Vehicles/Trucks 14 171
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May 9, 2022

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Attachment C. The data provided by the commuter shuttle operators shows a higher proportion of commuter shuttles and buses than the roadway segment counts. This discrepancy typically occurs when vehicles cross the data collection tubes at angles which affects the recorded distance between vehicle axles. As a whole, the total share of non-light vehicles/automobiles is consistent with the data provided by the commuter shuttle operator.

The observed vehicle classification profile is consistent with Tunnel Avenue’s proximity to lightindustrial and industrial uses and its utility as an alternative to Bayshore Boulevard and US Highway 101.

Conclusions
The following conclusions are made based on the data collected:
• The hourly volume on Tunnel Avenue is well below its hourly vehicle capacity throughout the day.
• During both days with traffic count and shuttle data are available, corporate shuttle daily trips comprise ten percent or less of the total daily trips on Tunnel Avenue. • The 85th-percentile speed on Tunnel Avenue was observed to be 37.5 miles per hour.

There is no posted speed limit on the observed section of Tunnel Avenue. • Approximately 11% of vehicles on Tunnel Road are commuter shuttles/buses or heavy vehicles/trucks. The remaining 89% of vehicles are light vehicles/automobiles. 15 172
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Attachment A: Tunnel Avenue
Hourly Volume Figures
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0 20
40 60
80 100
120
140
160
180
200
Vehicles
Figure A-1: Tunnel Avenue Northbound Hourly Volumes
4-May-22 5-May-22 6-May-22
0 20
40 60
80 100
120
140
160
180
200
Vehicles
Figure A-2: Tunnel Avenue Southbound Hourly Volumes
4-May-22 5-May-22 6-May-22
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0 50
100
150
200
250
300
350
Vehicles
Figure A-3: Tunnel Avenue Total Hourly Volumes
4-May-22 5-May-22 6-May-22
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Attachment C: Corporate Shuttle
Hourly Volume Figure
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CustomList-122 Page 1
Traffic Data Service
Class Report
Datasets:

Site: [1] 600 TUNNEL AVE
Algorithm: Factory default axle (v5.02)
Data type: Axle sensors - Paired (Class/Speed/Count)
Profile:

Included classes: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 Speed range: 0 - 100 mph.

Direction: North (bound), P = North, Lane = 0-16
Scheme: Vehicle classification (Scheme F)
Units: Non metric (ft, mi, ft/s, mph, lb, ton)
Column Legend:
0 [Time] 24-hour time (0000 - 2359)
1 [Total] Number in time step
2 [Cls] Class totals
* Wednesday, May 4, 2022
Time Total Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls 1 2 3 4 5 6 7 8 9 10 11 12 13
0000 14 0 12 2 0 0 0 0 0 0 0 0 0 0
0100 9 1 7 1 0 0 0 0 0 0 0 0 0 0
0200 12 1 9 2 0 0 0 0 0 0 0 0 0 0
0300 9 0 6 2 0 0 1 0 0 0 0 0 0 0
0400 17 2 9 6 0 0 0 0 0 0 0 0 0 0
0500 51 2 21 7 20 0 0 0 1 0 0 0 0 0
0600 134 5 55 32 31 2 6 0 0 3 0 0 0 0
0700 186 4 79 71 23 2 5 0 1 1 0 0 0 0
0800 193 5 100 73 7 1 3 0 0 4 0 0 0 0
0900 138 2 64 55 4 2 6 0 2 1 0 2 0 0
1000 147 7 66 63 1 4 5 0 0 1 0 0 0 0
1100 146 6 72 59 0 3 4 0 0 1 1 0 0 0
1200 130 2 57 61 2 1 6 0 0 1 0 0 0 0
1300 96 2 53 32 1 3 2 1 1 1 0 0 0 0
1400 135 2 71 52 5 4 1 0 0 0 0 0 0 0
1500 107 2 69 29 5 0 2 0 0 0 0 0 0 0
1600 123 7 76 27 8 3 2 0 0 0 0 0 0 0
1700 133 9 106 13 2 2 0 0 1 0 0 0 0 0
1800 98 11 77 8 2 0 0 0 0 0 0 0 0 0
1900 88 1 80 5 0 0 0 0 1 1 0 0 0 0
2000 45 1 41 2 0 0 0 0 0 1 0 0 0 0
2100 40 1 36 3 0 0 0 0 0 0 0 0 0 0
2200 23 0 19 1 1 0 1 0 0 1 0 0 0 0
2300 17 0 15 0 0 1 1 0 0 0 0 0 0 0
07-19 1632 59 890 543 60 25 36 1 5 10 1 2 0 0
06-22 1939 67 1102 585 91 27 42 1 6 15 1 2 0 0
06-00 1979 67 1136 586 92 28 44 1 6 16 1 2 0 0
00-00 2091 73 1200 606 112 28 45 1 7 16 1 2 0 0
Peak step 8:00 (193) AM Peak step 8:00 (193) PM Peak step 14:00 (135) CustomList-122 Page 1
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CustomList-122 Page 2
* Thursday, May 5, 2022
Time Total Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls 1 2 3 4 5 6 7 8 9 10 11 12 13
0000 9 0 7 1 0 0 1 0 0 0 0 0 0 0
0100 11 0 8 1 0 0 1 0 0 1 0 0 0 0
0200 8 1 3 3 0 0 0 0 0 1 0 0 0 0
0300 8 0 7 1 0 0 0 0 0 0 0 0 0 0
0400 13 2 8 3 0 0 0 0 0 0 0 0 0 0
0500 44 2 16 7 19 0 0 0 0 0 0 0 0 0
0600 130 4 51 34 34 0 5 0 0 2 0 0 0 0
0700 191 8 84 68 20 4 7 0 0 0 0 0 0 0
0800 187 5 100 69 5 4 3 0 0 1 0 0 0 0
0900 144 0 71 62 7 0 3 0 0 0 1 0 0 0
1000 145 2 73 60 1 4 2 0 1 2 0 0 0 0
1100 153 6 75 57 2 1 9 0 0 1 0 2 0 0
1200 128 6 69 45 5 2 1 0 0 0 0 0 0 0
1300 134 4 71 48 1 5 4 0 0 1 0 0 0 0
1400 135 2 77 49 4 0 3 0 0 0 0 0 0 0
1500 117 4 74 30 9 0 0 0 0 0 0 0 0 0
1600 115 3 75 29 4 2 0 0 1 1 0 0 0 0
1700 123 8 93 17 2 1 1 0 1 0 0 0 0 0
1800 106 3 86 14 0 1 0 0 1 1 0 0 0 0
1900 65 2 59 4 0 0 0 0 0 0 0 0 0 0
2000 57 4 47 4 0 0 0 0 1 1 0 0 0 0
2100 35 1 28 4 0 1 1 0 0 0 0 0 0 0
2200 27 0 21 1 1 2 2 0 0 0 0 0 0 0
2300 15 0 11 2 0 0 1 0 1 0 0 0 0 0
07-19 1678 51 948 548 60 24 33 0 4 7 1 2 0 0
06-22 1965 62 1133 594 94 25 39 0 5 10 1 2 0 0
06-00 2007 62 1165 597 95 27 42 0 6 10 1 2 0 0
00-00 2100 67 1214 613 114 27 44 0 6 12 1 2 0 0
Peak step 7:00 (191) AM Peak step 7:00 (191) PM Peak step 14:00 (135) * Friday, May 6, 2022
Time Total Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls 1 2 3 4 5 6 7 8 9 10 11 12 13
0000 9 0 8 1 0 0 0 0 0 0 0 0 0 0
0100 8 0 5 1 0 1 1 0 0 0 0 0 0 0
0200 9 0 6 3 0 0 0 0 0 0 0 0 0 0
0300 9 0 7 1 0 0 1 0 0 0 0 0 0 0
0400 14 2 8 4 0 0 0 0 0 0 0 0 0 0
0500 48 1 24 1 19 0 1 0 0 2 0 0 0 0
0600 122 4 42 35 34 1 3 0 2 1 0 0 0 0
0700 192 5 86 70 19 2 7 0 1 2 0 0 0 0
0800 148 4 71 53 10 3 5 0 0 1 0 1 0 0
0900 176 2 83 77 9 2 0 1 1 1 0 0 0 0
1000 151 3 86 52 3 2 3 0 1 1 0 0 0 0
1100 117 7 54 45 3 0 7 0 0 0 0 1 0 0
1200 113 0 55 50 1 4 3 0 0 0 0 0 0 0
1300 126 2 74 40 2 3 5 0 0 0 0 0 0 0
1400 112 1 71 32 5 0 1 0 2 0 0 0 0 0
1500 110 2 78 25 4 1 0 0 0 0 0 0 0 0
1600 119 4 86 23 5 1 0 0 0 0 0 0 0 0
1700 112 5 97 6 3 1 0 0 0 0 0 0 0 0
1800 96 6 83 4 1 1 1 0 0 0 0 0 0 0
1900 78 3 67 7 0 0 0 0 0 1 0 0 0 0
2000 57 1 47 7 0 1 1 0 0 0 0 0 0 0
2100 40 0 35 2 0 1 2 0 0 0 0 0 0 0
2200 26 2 21 2 0 0 1 0 0 0 0 0 0 0
2300 21 0 20 1 0 0 0 0 0 0 0 0 0 0
07-19 1572 41 924 477 65 20 32 1 5 5 0 2 0 0
06-22 1869 49 1115 528 99 23 38 1 7 7 0 2 0 0
06-00 1916 51 1156 531 99 23 39 1 7 7 0 2 0 0
00-00 2013 54 1214 542 118 24 42 1 7 9 0 2 0 0
Peak step 7:00 (192) AM Peak step 7:00 (192) PM Peak step 13:00 (126) CustomList-122 Page 2
21 178
M.

CustomList-123 Page 1
Traffic Data Service
Class Report
Datasets:

Site: [1] 600 TUNNEL AVE
Algorithm: Factory default axle (v5.02)
Data type: Axle sensors - Paired (Class/Speed/Count)
Profile:

Included classes: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 Speed range: 0 - 100 mph.

Direction: South (bound), P = North, Lane = 0-16
Scheme: Vehicle classification (Scheme F)
Units: Non metric (ft, mi, ft/s, mph, lb, ton)
Column Legend:
0 [Time] 24-hour time (0000 - 2359)
1 [Total] Number in time step
2 [Cls] Class totals
* Wednesday, May 4, 2022
Time Total Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls 1 2 3 4 5 6 7 8 9 10 11 12 13
0000 5 0 4 1 0 0 0 0 0 0 0 0 0 0
0100 2 0 1 0 0 0 0 1 0 0 0 0 0 0
0200 2 1 1 0 0 0 0 0 0 0 0 0 0 0
0300 5 0 4 0 0 0 0 0 0 1 0 0 0 0
0400 14 0 11 3 0 0 0 0 0 0 0 0 0 0
0500 66 2 43 15 0 0 0 1 1 4 0 0 0 0
0600 73 2 31 38 0 0 1 0 0 1 0 0 0 0
0700 94 4 35 48 4 0 1 0 0 2 0 0 0 0
0800 107 10 39 51 3 0 0 1 0 3 0 0 0 0
0900 96 3 36 46 2 4 2 0 0 2 1 0 0 0
1000 106 3 37 52 6 4 1 0 1 2 0 0 0 0
1100 73 3 27 34 2 1 3 0 0 3 0 0 0 0
1200 50 2 18 23 1 3 1 0 1 1 0 0 0 0
1300 70 0 36 30 2 1 1 0 0 0 0 0 0 0
1400 47 2 18 22 1 2 1 0 0 1 0 0 0 0
1500 62 3 31 22 2 1 3 0 0 0 0 0 0 0
1600 43 1 27 13 0 1 0 0 0 1 0 0 0 0
1700 32 0 21 5 5 1 0 0 0 0 0 0 0 0
1800 52 4 19 3 24 0 1 0 1 0 0 0 0 0
1900 36 2 12 1 21 0 0 0 0 0 0 0 0 0
2000 25 0 9 0 14 0 0 0 1 1 0 0 0 0
2100 12 0 4 1 7 0 0 0 0 0 0 0 0 0
2200 6 0 4 0 2 0 0 0 0 0 0 0 0 0
2300 3 0 2 0 1 0 0 0 0 0 0 0 0 0
07-19 832 35 344 349 52 18 14 1 3 15 1 0 0 0
06-22 978 39 400 389 94 18 15 1 4 17 1 0 0 0
06-00 987 39 406 389 97 18 15 1 4 17 1 0 0 0
00-00 1081 42 470 408 97 18 15 3 5 22 1 0 0 0
Peak step 8:00 (107) AM Peak step 8:00 (107) PM Peak step 13:00 (70) CustomList-123 Page 1
22 179
M.

CustomList-123 Page 2
* Thursday, May 5, 2022
Time Total Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls 1 2 3 4 5 6 7 8 9 10 11 12 13
0000 4 0 3 0 0 0 1 0 0 0 0 0 0 0
0100 7 0 4 2 0 0 1 0 0 0 0 0 0 0
0200 2 1 1 0 0 0 0 0 0 0 0 0 0 0
0300 5 1 3 0 0 0 1 0 0 0 0 0 0 0
0400 17 1 9 5 0 1 0 1 0 0 0 0 0 0
0500 58 3 38 13 0 0 2 0 0 2 0 0 0 0
0600 79 4 38 32 1 0 0 1 0 3 0 0 0 0
0700 93 5 32 52 2 2 0 0 0 0 0 0 0 0
0800 97 4 35 52 4 0 0 1 0 1 0 0 0 0
0900 102 4 39 45 4 6 4 0 0 0 0 0 0 0
1000 94 4 32 47 6 1 3 1 0 0 0 0 0 0
1100 89 4 30 47 3 2 0 1 0 1 1 0 0 0
1200 63 1 20 33 4 2 1 0 0 2 0 0 0 0
1300 54 1 24 26 1 2 0 0 0 0 0 0 0 0
1400 55 1 26 24 0 2 1 0 0 1 0 0 0 0
1500 52 1 24 23 1 1 2 0 0 0 0 0 0 0
1600 50 2 31 14 2 0 1 0 0 0 0 0 0 0
1700 42 2 26 10 4 0 0 0 0 0 0 0 0 0
1800 46 2 17 3 22 0 0 1 1 0 0 0 0 0
1900 35 0 9 0 25 0 0 0 0 1 0 0 0 0
2000 21 1 7 1 12 0 0 0 0 0 0 0 0 0
2100 13 0 4 2 7 0 0 0 0 0 0 0 0 0
2200 5 0 1 1 3 0 0 0 0 0 0 0 0 0
2300 2 0 0 1 1 0 0 0 0 0 0 0 0 0
07-19 837 31 336 376 53 18 12 4 1 5 1 0 0 0
06-22 985 36 394 411 98 18 12 5 1 9 1 0 0 0
06-00 992 36 395 413 102 18 12 5 1 9 1 0 0 0
00-00 1085 42 453 433 102 19 17 6 1 11 1 0 0 0
Peak step 9:00 (102) AM Peak step 9:00 (102) PM Peak step 12:00 (63) * Friday, May 6, 2022
Time Total Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls Cls 1 2 3 4 5 6 7 8 9 10 11 12 13
0000 4 2 2 0 0 0 0 0 0 0 0 0 0 0
0100 2 0 2 0 0 0 0 0 0 0 0 0 0 0
0200 1 0 1 0 0 0 0 0 0 0 0 0 0 0
0300 6 1 3 1 0 0 1 0 0 0 0 0 0 0
0400 18 0 13 2 0 0 1 0 0 2 0 0 0 0
0500 48 1 38 8 0 0 0 0 0 1 0 0 0 0
0600 84 6 38 30 5 0 2 1 0 1 0 0 0 1
0700 100 4 36 48 3 0 3 0 1 5 0 0 0 0
0800 99 2 36 51 6 2 1 0 0 1 0 0 0 0
0900 88 4 24 49 8 1 0 0 1 1 0 0 0 0
1000 72 2 23 35 5 4 0 0 0 3 0 0 0 0
1100 77 4 32 32 3 3 1 1 0 1 0 0 0 0
1200 58 3 19 30 1 3 2 0 0 0 0 0 0 0
1300 59 0 28 28 1 0 1 0 1 0 0 0 0 0
1400 68 1 37 26 1 1 1 0 0 1 0 0 0 0
1500 51 0 28 17 2 2 2 0 0 0 0 0 0 0
1600 46 3 27 14 2 0 0 0 0 0 0 0 0 0
1700 43 2 29 2 10 0 0 0 0 0 0 0 0 0
1800 46 1 14 5 26 0 0 0 0 0 0 0 0 0
1900 29 0 13 2 14 0 0 0 0 0 0 0 0 0
2000 21 1 5 1 14 0 0 0 0 0 0 0 0 0
2100 14 0 7 2 5 0 0 0 0 0 0 0 0 0
2200 6 0 3 1 0 0 0 0 0 2 0 0 0 0
2300 11 0 9 1 1 0 0 0 0 0 0 0 0 0
07-19 807 26 333 337 68 16 11 1 3 12 0 0 0 0
06-22 955 33 396 372 106 16 13 2 3 13 0 0 0 1
06-00 972 33 408 374 107 16 13 2 3 15 0 0 0 1
00-00 1051 37 467 385 107 16 15 2 3 18 0 0 0 1
Peak step 7:00 (100) AM Peak step 7:00 (100) PM Peak step 14:00 (68) CustomList-123 Page 2
23 180
M.

Attachment D: Tunnel Avenue
Hourly Speed Data
24 181
M.
0 5
10 15
20 25
30 35
40 5:00
AM
6:00
AM
7:00
AM
8:00
AM
9:00
AM
10:00
AM
11:00
AM
12:00
PM
1:00
PM
2:00
PM
3:00
PM
4:00
PM
5:00
PM
6:00
PM
7:00
PM
8:00
PM
9:00
PM
10:00
PM
11:00
PM
Corporate Shuttles
Figure C-1: Corporate Shuttle Hourly Volumes
3-May-22 4-May-22 5-May-22
25 182
M.

Attachment E: Federal Highway
Administration Vehicle
Classification Descriptions
26 183
M.

CustomList-124 Page 1
Traffic Data Service
Speed Report
Datasets:

Site: [1] 600 TUNNEL AVE
Algorithm: Factory default axle (v5.02)
Data type: Axle sensors - Paired (Class/Speed/Count)
Profile:

Included classes: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 Speed range: 0 - 100 mph.

Direction: North (bound), P = North, Lane = 0-16
Scheme: Vehicle classification (Scheme F)
Units: Non metric (ft, mi, ft/s, mph, lb, ton)
Column Legend:
0 [Time] 24-hour time (0000 - 2359)
1 [Total] Number in time step
2 [Vbin] Speed bin totals
3 [vPace] Speed at start of pace
4 [Pace%] Percent in pace
5 [Mean] Average speed
6 [Vpp] Percentile speed
* Wednesday, May 4, 2022
Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin vPace Pace% Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 10 10 85
5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 100
0000 14 0 1 0 1 0 2 4 4 1 0 1 0 0 0 0 0 28.5 64.29 32.4 42.6 0100 9 0 0 0 0 1 2 3 3 0 0 0 0 0 0 0 0 24.6 66.67 32.3 - 0200 12 0 0 0 0 0 1 2 3 1 4 1 0 0 0 0 0 39.6 50.00 41.0 49.6 0300 9 0 0 0 0 1 2 3 2 1 0 0 0 0 0 0 0 32.3 66.67 33.4 - 0400 17 0 2 0 0 1 2 4 1 5 2 0 0 0 0 0 0 31.7 52.94 33.5 42.6 0500 51 0 2 0 5 8 11 7 8 7 3 0 0 0 0 0 0 20.1 41.18 30.3 42.1 0600 134 0 1 8 8 19 43 24 23 5 1 2 0 0 0 0 0 25.7 53.73 28.8 36.4 0700 186 0 2 8 10 32 49 46 31 6 1 0 1 0 0 0 0 24.0 52.69 28.8 36.1 0800 193 0 4 5 14 45 35 39 41 10 0 0 0 0 0 0 0 29.2 45.08 28.8 37.6 0900 138 0 5 6 12 38 22 28 20 5 2 0 0 0 0 0 0 20.1 44.20 27.2 35.6 1000 147 1 1 10 8 30 36 41 13 7 0 0 0 0 0 0 0 22.0 55.10 27.7 34.8 1100 146 0 1 6 11 38 35 35 10 9 1 0 0 0 0 0 0 19.6 52.05 27.7 34.7 1200 130 0 1 8 10 17 38 26 20 9 1 0 0 0 0 0 0 25.1 50.00 28.8 37.6 1300 96 0 3 3 9 13 26 28 11 2 1 0 0 0 0 0 0 23.8 58.33 27.9 35.0 1400 135 0 2 4 18 18 24 41 20 6 2 0 0 0 0 0 0 25.8 52.59 28.9 36.2 1500 107 0 1 1 5 14 19 25 33 8 0 1 0 0 0 0 0 28.4 57.01 31.6 38.5 1600 123 0 4 3 2 9 31 37 30 7 0 0 0 0 0 0 0 27.9 62.60 31.0 37.8 1700 133 0 0 6 1 7 22 26 39 31 1 0 0 0 0 0 0 32.1 60.15 34.0 41.0 1800 98 0 1 3 4 4 12 15 35 18 6 0 0 0 0 0 0 32.0 58.16 34.8 41.8 1900 88 0 0 0 1 1 12 28 22 19 4 1 0 0 0 0 0 28.5 56.82 35.9 42.9 2000 45 0 0 0 2 0 10 17 12 2 2 0 0 0 0 0 0 27.5 68.89 33.2 38.5 2100 40 0 0 2 1 3 3 10 13 5 2 0 1 0 0 0 0 28.1 60.00 34.0 41.1 2200 23 0 0 0 0 3 1 6 8 3 2 0 0 0 0 0 0 32.7 69.57 35.2 42.1 2300 17 0 0 0 0 3 2 7 3 1 1 0 0 0 0 0 0 29.9 58.82 32.5 40.7 07-19 1632 1 25 63 104 265 349 387 303 118 15 1 1 0 0 0 0 25.7 46.94 29.6 37.9 06-22 1939 1 26 73 116 288 417 466 373 149 24 4 2 0 0 0 0 25.7 47.55 30.0 38.1 06-00 1979 1 26 73 116 294 420 479 384 153 27 4 2 0 0 0 0 25.7 47.45 30.0 38.3 00-00 2091 1 31 73 122 305 440 502 405 168 36 6 2 0 0 0 0 25.7 46.96 30.2 38.5 Peak step 8:00 (193) AM Peak step 8:00 (193) PM Peak step 14:00 (135) CustomList-124 Page 1
27 184
M.

CustomList-124 Page 2
* Thursday, May 5, 2022
Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin vPace Pace% Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 10 10 85
5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 100
0000 9 0 0 0 0 1 2 1 3 2 0 0 0 0 0 0 0 31.8 66.67 34.0 - 0100 11 0 0 0 0 2 1 5 1 2 0 0 0 0 0 0 0 31.4 72.73 32.9 41.0 0200 8 0 0 0 0 1 1 2 1 0 2 0 1 0 0 0 0 28.1 50.00 38.7 - 0300 8 0 0 0 0 0 1 3 2 2 0 0 0 0 0 0 0 30.8 75.00 36.1 - 0400 13 0 3 0 0 0 2 1 3 2 2 0 0 0 0 0 0 31.1 46.15 30.7 44.8 0500 44 0 1 1 3 7 10 6 3 9 2 1 1 0 0 0 0 22.1 45.45 32.0 44.4 0600 130 0 4 5 12 18 43 24 13 10 1 0 0 0 0 0 0 25.1 53.08 27.8 35.8 0700 191 0 6 11 17 36 49 36 25 7 4 0 0 0 0 0 0 21.9 51.31 27.4 36.2 0800 187 0 4 9 19 37 33 49 29 6 1 0 0 0 0 0 0 27.5 49.20 27.9 36.1 0900 144 0 4 4 4 34 37 31 26 3 1 0 0 0 0 0 0 24.4 51.39 28.4 36.4 1000 145 0 0 1 14 30 41 41 14 1 2 0 1 0 0 0 0 25.4 59.31 28.3 34.7 1100 153 0 4 5 8 26 32 55 14 9 0 0 0 0 0 0 0 23.4 57.52 28.8 35.3 1200 128 0 0 10 11 21 26 40 17 2 1 0 0 0 0 0 0 26.3 56.25 27.8 35.1 1300 134 0 1 2 17 25 35 34 13 4 2 1 0 0 0 0 0 21.2 55.97 28.1 35.0 1400 135 0 0 3 6 24 37 31 24 6 3 1 0 0 0 0 0 22.0 52.59 30.3 37.7 1500 117 0 1 2 9 11 32 29 28 3 2 0 0 0 0 0 0 29.2 57.26 30.2 38.0 1600 115 0 1 2 6 11 26 26 30 9 4 0 0 0 0 0 0 28.1 56.52 31.7 38.5 1700 123 0 0 3 9 5 21 28 38 17 1 1 0 0 0 0 0 29.9 55.28 32.8 40.2 1800 106 0 0 1 1 2 10 30 39 17 6 0 0 0 0 0 0 32.5 69.81 35.7 41.6 1900 65 0 0 0 4 2 6 21 21 7 4 0 0 0 0 0 0 28.5 66.15 34.0 41.0 2000 57 0 0 2 1 3 14 14 18 5 0 0 0 0 0 0 0 26.8 59.65 32.1 38.6 2100 35 0 0 1 1 4 3 8 12 4 1 0 1 0 0 0 0 32.7 62.86 33.7 40.9 2200 27 0 0 0 2 5 3 4 10 1 2 0 0 0 0 0 0 30.5 55.56 32.3 38.5 2300 15 0 0 1 0 0 4 6 2 1 0 1 0 0 0 0 0 25.1 66.67 32.8 39.4 07-19 1678 0 21 53 121 262 379 430 297 84 27 3 1 0 0 0 0 25.8 48.99 29.5 37.1 06-22 1965 0 25 61 139 289 445 497 361 110 33 3 2 0 0 0 0 26.6 49.16 29.7 37.3 06-00 2007 0 25 62 141 294 452 507 373 112 35 4 2 0 0 0 0 26.8 49.28 29.7 37.4 00-00 2100 0 29 63 144 305 469 525 386 129 41 5 4 0 0 0 0 26.8 48.62 29.9 37.7 Peak step 7:00 (191) AM Peak step 7:00 (191) PM Peak step 14:00 (135) * Friday, May 6, 2022
Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin vPace Pace% Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 10 10 85
5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 100
0000 9 0 0 0 0 0 0 7 0 2 0 0 0 0 0 0 0 24.9 77.78 35.1 - 0100 8 0 0 1 0 3 1 1 0 2 0 0 0 0 0 0 0 21.5 62.50 28.7 - 0200 9 0 0 0 0 0 2 0 4 0 2 1 0 0 0 0 0 28.8 66.67 39.3 - 0300 9 0 0 0 0 1 1 3 4 0 0 0 0 0 0 0 0 29.8 77.78 33.2 - 0400 14 0 2 0 0 1 2 2 3 2 1 0 1 0 0 0 0 26.1 42.86 33.2 46.6 0500 48 0 1 1 2 11 12 8 5 5 2 1 0 0 0 0 0 20.7 52.08 29.9 40.8 0600 122 0 1 5 7 18 41 28 15 6 1 0 0 0 0 0 0 23.8 60.66 28.8 36.9 0700 192 0 3 3 15 40 49 46 31 3 2 0 0 0 0 0 0 24.0 53.13 28.4 35.6 0800 148 0 1 8 5 18 41 42 28 1 4 0 0 0 0 0 0 26.7 59.46 29.7 36.6 0900 176 0 0 0 11 41 50 46 21 5 1 1 0 0 0 0 0 23.9 56.82 29.0 35.1 1000 151 0 1 8 11 30 35 37 22 7 0 0 0 0 0 0 0 24.6 50.99 28.3 36.4 1100 117 0 4 2 8 18 25 37 16 6 0 1 0 0 0 0 0 24.8 52.99 29.1 36.9 1200 113 0 1 2 12 16 32 25 18 5 2 0 0 0 0 0 0 23.2 53.98 29.1 36.6 1300 126 0 0 4 11 21 29 37 18 5 0 1 0 0 0 0 0 27.4 53.97 29.1 36.6 1400 112 0 2 2 9 12 33 30 19 5 0 0 0 0 0 0 0 26.1 58.93 29.3 36.1 1500 110 0 0 0 6 8 28 32 31 3 1 1 0 0 0 0 0 28.3 60.91 31.9 38.4 1600 119 0 0 1 2 13 26 32 30 10 5 0 0 0 0 0 0 25.8 54.62 32.5 39.3 1700 112 0 0 0 3 6 21 28 34 17 2 1 0 0 0 0 0 29.5 58.93 34.1 41.2 1800 96 0 0 2 4 3 8 18 31 25 5 0 0 0 0 0 0 33.8 67.71 35.7 42.4 1900 78 0 0 1 1 2 8 29 21 13 3 0 0 0 0 0 0 31.3 66.67 34.9 41.2 2000 57 0 0 0 2 4 10 15 20 4 1 1 0 0 0 0 0 27.8 63.16 33.3 39.4 2100 40 0 0 0 0 4 5 4 19 6 2 0 0 0 0 0 0 32.4 65.00 35.3 40.9 2200 26 0 2 2 0 1 6 3 9 2 1 0 0 0 0 0 0 27.8 57.69 30.7 39.6 2300 21 0 0 0 0 0 1 7 10 2 1 0 0 0 0 0 0 29.9 80.95 36.2 40.3 07-19 1572 0 12 32 97 226 377 410 299 92 22 5 0 0 0 0 0 27.2 51.34 30.2 37.7 06-22 1869 0 13 38 107 254 441 486 374 121 29 6 0 0 0 0 0 27.2 51.15 30.5 38.1 06-00 1916 0 15 40 107 255 448 496 393 125 31 6 0 0 0 0 0 27.2 51.30 30.6 38.1 00-00 2013 0 18 42 109 271 466 517 409 136 36 8 1 0 0 0 0 27.2 50.92 30.6 38.2 Peak step 7:00 (192) AM Peak step 7:00 (192) PM Peak step 13:00 (126) * Grand Total
Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin vPace Pace% Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 10 10 85
5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 100
-- 6204 1 78 178 375 881 1375 1544 1200 433 113 19 7 0 0 0 0 26.8 48.48 30.2 38.1 CustomList-124 Page 2
28 185
M.

CustomList-125 Page 1
Traffic Data Service
Speed Report
Datasets:

Site: [1] 600 TUNNEL AVE
Algorithm: Factory default axle (v5.02)
Data type: Axle sensors - Paired (Class/Speed/Count)
Profile:

Included classes: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 Speed range: 0 - 100 mph.

Direction: South (bound), P = North, Lane = 0-16
Scheme: Vehicle classification (Scheme F)
Units: Non metric (ft, mi, ft/s, mph, lb, ton)
Column Legend:
0 [Time] 24-hour time (0000 - 2359)
1 [Total] Number in time step
2 [Vbin] Speed bin totals
3 [vPace] Speed at start of pace
4 [Pace%] Percent in pace
5 [Mean] Average speed
6 [Vpp] Percentile speed
* Wednesday, May 4, 2022
Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin vPace Pace% Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 10 10 85
5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 100
0000 5 0 0 0 0 0 0 1 1 3 0 0 0 0 0 0 0 34.8 80.00 39.9 - 0100 2 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 26.6 100.0 32.4 - 0200 2 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 5.2 50.00 23.1 - 0300 5 0 0 0 1 3 0 1 0 0 0 0 0 0 0 0 0 14.0 80.00 23.1 - 0400 14 0 0 0 0 0 2 6 2 3 1 0 0 0 0 0 0 30.4 64.29 36.6 44.3 0500 66 0 1 2 1 10 15 15 17 5 0 0 0 0 0 0 0 26.2 50.00 31.1 39.1 0600 73 0 0 1 3 8 25 14 13 4 4 0 1 0 0 0 0 26.3 63.01 31.4 37.1 0700 94 0 0 0 7 14 28 25 16 4 0 0 0 0 0 0 0 25.3 58.51 29.5 37.7 0800 107 0 0 4 11 18 28 28 12 4 2 0 0 0 0 0 0 25.2 55.14 28.5 35.2 0900 96 0 2 4 7 13 26 28 13 3 0 0 0 0 0 0 0 26.2 58.33 28.3 35.7 1000 106 0 1 6 4 17 36 33 7 2 0 0 0 0 0 0 0 24.3 67.92 27.9 33.4 1100 73 0 0 4 5 12 30 15 5 2 0 0 0 0 0 0 0 23.5 67.12 27.5 33.4 1200 50 0 0 2 4 10 11 12 9 2 0 0 0 0 0 0 0 22.3 50.00 28.8 36.0 1300 70 0 0 2 2 9 26 16 9 4 2 0 0 0 0 0 0 24.1 62.86 30.0 37.1 1400 47 0 0 2 3 8 19 9 6 0 0 0 0 0 0 0 0 23.1 61.70 27.6 34.4 1500 62 0 2 0 7 3 16 14 9 11 0 0 0 0 0 0 0 25.3 50.00 30.9 41.2 1600 43 0 0 1 1 3 8 9 18 2 1 0 0 0 0 0 0 29.4 67.44 32.8 38.1 1700 32 0 0 0 1 1 6 7 7 6 3 1 0 0 0 0 0 29.2 50.00 35.7 43.4 1800 52 0 0 1 2 3 12 12 11 10 1 0 0 0 0 0 0 27.0 59.62 32.7 40.9 1900 36 0 0 1 2 7 13 9 3 1 0 0 0 0 0 0 0 23.9 69.44 28.2 34.1 2000 25 0 0 1 0 5 8 7 2 2 0 0 0 0 0 0 0 21.3 64.00 29.4 37.5 2100 12 0 0 0 2 2 4 4 0 0 0 0 0 0 0 0 0 23.4 66.67 26.8 33.3 2200 6 0 0 0 1 2 1 1 0 0 1 0 0 0 0 0 0 21.9 66.67 28.1 - 2300 3 0 0 0 0 1 1 0 0 1 0 0 0 0 0 0 0 19.3 66.67 31.4 - 07-19 832 0 5 26 54 111 246 208 122 50 9 1 0 0 0 0 0 25.3 55.17 29.5 36.9 06-22 978 0 5 29 61 133 296 242 140 57 13 1 1 0 0 0 0 25.4 55.52 29.5 36.9 06-00 987 0 5 29 62 136 298 243 140 58 14 1 1 0 0 0 0 25.4 55.32 29.5 36.9 00-00 1081 0 6 31 65 149 316 267 161 69 15 1 1 0 0 0 0 26.3 54.39 29.7 37.1 Peak step 8:00 (107) AM Peak step 8:00 (107) PM Peak step 13:00 (70) CustomList-125 Page 1
29 186
M.

CustomList-125 Page 2
* Thursday, May 5, 2022
Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin vPace Pace% Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 10 10 85
5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 100
0000 4 0 0 0 0 0 1 2 0 1 0 0 0 0 0 0 0 23.4 75.00 33.6 - 0100 7 0 0 0 0 1 0 4 2 0 0 0 0 0 0 0 0 27.2 85.71 32.1 - 0200 2 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 18.9 100.0 26.6 - 0300 5 0 0 0 1 3 1 0 0 0 0 0 0 0 0 0 0 14.4 80.00 22.2 - 0400 17 0 3 0 1 0 1 3 6 3 0 0 0 0 0 0 0 33.9 64.71 31.2 41.3 0500 58 0 0 1 4 10 18 9 11 3 1 1 0 0 0 0 0 25.8 51.72 29.6 36.7 0600 79 0 1 7 4 13 17 21 8 6 2 0 0 0 0 0 0 25.1 50.63 28.5 37.0 0700 93 0 0 1 8 19 28 22 12 2 0 1 0 0 0 0 0 22.6 61.29 28.8 35.8 0800 97 0 0 4 8 20 27 25 10 3 0 0 0 0 0 0 0 22.8 60.82 27.9 34.5 0900 102 0 4 4 4 20 31 27 10 2 0 0 0 0 0 0 0 22.1 64.71 27.4 34.0 1000 94 0 0 3 8 17 31 25 9 1 0 0 0 0 0 0 0 24.2 62.77 27.8 33.9 1100 89 0 1 5 8 12 26 28 9 0 0 0 0 0 0 0 0 24.6 64.04 27.6 34.3 1200 63 0 0 0 6 18 22 7 8 1 0 1 0 0 0 0 0 19.8 65.08 27.4 37.0 1300 54 0 0 1 1 6 19 18 7 2 0 0 0 0 0 0 0 23.3 68.52 29.7 35.6 1400 55 0 0 0 3 7 19 17 9 0 0 0 0 0 0 0 0 22.4 67.27 29.4 35.5 1500 52 0 1 1 1 7 15 15 8 3 1 0 0 0 0 0 0 25.3 59.62 30.1 36.8 1600 50 0 1 4 2 5 16 10 11 1 0 0 0 0 0 0 0 24.6 52.00 28.7 36.7 1700 42 0 0 0 2 5 7 13 12 3 0 0 0 0 0 0 0 27.2 66.67 31.7 37.1 1800 46 0 0 0 1 3 15 13 13 1 0 0 0 0 0 0 0 26.9 71.74 31.2 36.7 1900 35 0 0 0 2 2 11 13 6 1 0 0 0 0 0 0 0 25.5 71.43 31.1 38.0 2000 21 0 0 1 1 4 8 4 2 1 0 0 0 0 0 0 0 21.4 76.19 27.7 35.1 2100 13 0 0 0 2 2 5 4 0 0 0 0 0 0 0 0 0 21.9 76.92 26.5 31.8 2200 5 0 0 0 1 2 0 2 0 0 0 0 0 0 0 0 0 13.4 60.00 26.1 - 2300 2 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 6.3 50.00 25.0 - 07-19 837 0 7 23 52 139 256 220 118 19 1 2 0 0 0 0 0 22.9 58.90 28.6 35.5 06-22 985 0 8 31 61 160 297 262 134 27 3 2 0 0 0 0 0 22.9 57.97 28.7 35.5 06-00 992 0 8 31 63 162 297 265 134 27 3 2 0 0 0 0 0 22.9 57.66 28.6 35.5 00-00 1085 0 11 32 69 177 319 283 153 34 4 3 0 0 0 0 0 22.9 56.22 28.7 35.8 Peak step 9:00 (102) AM Peak step 9:00 (102) PM Peak step 12:00 (63) * Friday, May 6, 2022
Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin vPace Pace% Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 10 10 85
5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 100
0000 4 0 1 0 1 0 0 0 1 1 0 0 0 0 0 0 0 8.1 50.00 27.1 - 0100 2 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 31.1 100.0 37.5 - 0200 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 31.6 100.0 41.6 - 0300 6 0 0 0 1 4 1 0 0 0 0 0 0 0 0 0 0 18.5 100.0 22.6 - 0400 18 0 1 0 0 3 1 4 3 4 2 0 0 0 0 0 0 32.4 50.00 33.4 42.9 0500 48 0 0 0 0 4 11 14 13 3 1 2 0 0 0 0 0 28.2 60.42 33.4 38.9 0600 84 0 0 5 9 18 22 20 7 1 1 0 1 0 0 0 0 23.5 58.33 27.2 33.6 0700 100 0 0 4 16 23 28 16 8 4 1 0 0 0 0 0 0 20.7 53.00 26.7 34.3 0800 99 1 0 2 8 19 38 20 9 2 0 0 0 0 0 0 0 21.8 64.65 27.3 33.3 0900 88 0 0 1 4 24 31 21 7 0 0 0 0 0 0 0 0 22.8 70.45 27.4 32.8 1000 72 0 0 8 4 12 22 15 10 1 0 0 0 0 0 0 0 24.4 59.72 27.3 35.0 1100 77 1 1 6 3 10 28 18 9 0 0 0 1 0 0 0 0 24.4 62.34 27.5 34.4 1200 58 0 0 1 6 5 25 12 5 2 1 1 0 0 0 0 0 23.5 67.24 28.9 35.6 1300 59 0 1 0 0 9 20 20 8 1 0 0 0 0 0 0 0 24.1 67.80 29.6 35.5 1400 68 0 0 0 2 12 22 22 4 4 0 2 0 0 0 0 0 23.3 75.00 30.1 35.0 1500 51 0 0 0 4 8 12 12 13 2 0 0 0 0 0 0 0 22.9 54.90 30.2 37.3 1600 46 0 1 2 1 5 6 10 16 4 1 0 0 0 0 0 0 30.8 58.70 31.9 39.1 1700 43 0 0 1 2 4 8 17 5 3 3 0 0 0 0 0 0 24.8 60.47 32.0 40.1 1800 46 0 0 0 0 4 15 20 5 1 1 0 0 0 0 0 0 25.4 80.43 31.0 35.0 1900 29 0 0 0 1 6 9 6 5 1 1 0 0 0 0 0 0 22.3 62.07 30.0 38.0 2000 21 0 0 0 1 6 3 7 4 0 0 0 0 0 0 0 0 24.4 66.67 29.4 35.7 2100 14 0 0 1 0 3 3 5 2 0 0 0 0 0 0 0 0 22.5 78.57 28.0 34.7 2200 6 0 1 0 0 0 0 0 5 0 0 0 0 0 0 0 0 29.5 83.33 32.6 - 2300 11 0 0 0 0 0 2 4 2 2 1 0 0 0 0 0 0 30.8 72.73 34.8 41.9 07-19 807 2 3 25 50 135 255 203 99 24 7 3 1 0 0 0 0 23.3 59.48 28.7 35.5 06-22 955 2 3 31 61 168 292 241 117 26 9 3 2 0 0 0 0 23.3 59.48 28.6 35.4 06-00 972 2 4 31 61 168 294 245 124 28 10 3 2 0 0 0 0 23.3 59.05 28.7 35.6 00-00 1051 2 6 31 63 179 307 264 141 38 13 5 2 0 0 0 0 23.3 57.66 29.0 36.1 Peak step 7:00 (100) AM Peak step 7:00 (100) PM Peak step 14:00 (68) * Grand Total
Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin vPace Pace% Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 10 10 85
5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 100
-- 3217 2 23 94 197 505 942 814 455 141 32 9 3 0 0 0 0 24.5 55.27 29.1 36.2 CustomList-125 Page 2
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Attachment C: Tunnel Avenue
Hourly Volume Data
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Attachment E - FHWA Vehicle Classification Scheme
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Class 1- Motorcycles: All two- or three-wheeled motorized vehicles. Typical vehicles in this category have saddle type seats and are steered by handle bars rather than wheels. This category includes motorcycles, motor scooters, mopeds, motor-powered bicycles, and three-wheeled motorcycles.

Class 2- Passenger Cars: All sedans, coupes, and station wagons manufactured primarily for the purpose of carrying passengers and including those passenger cars pulling recreational or other light trailers.

Class 3- Other Two-Axle, Four-Tire, Single Unit Vehicles: All two-axle, four-tire, vehicles other than passenger cars. Included in this classification are pickups, panels, vans, and other vehicles such as campers, motor homes, ambulances, hearses, carryalls, and minibuses. Other two-axle, four-tire single unit vehicles pulling recreational or other light trailers are included in this classification.

Class 4- Buses: All vehicles manufactured as traditional passenger-carrying buses with two axles and six tires or three or more axles. This category includes only traditional buses (including school buses) functioning as passenger-carrying vehicles. Modified buses should be considered to be trucks and be appropriately classified.

Note: In reporting information on trucks the following criteria should be used:
a. Truck tractor units traveling without a trailer will be considered single unit trucks. b.A truck tractor unit pulling other such units in a “saddle mount” configuration will be considered as one single unit truck and will be defined only by axles on the pulling unit.
c. Vehicles shall be defined by the number of axles in contact with the roadway.

Therefore, “floating” axles are counted only when in the down position. d. The term “trailer” includes both semi- and full trailers.

Class 5-
Class 6-
Class 7-
Class 8-
Class 9-
Class 10-
.

Class 11-
.

Class 12-
Class 13-
Two-Axle, Six-Tire, Single Unit Trucks: All vehicles on a single frame including trucks, camping and recreational vehicles, motor homes, etc., having two axles and dual rear wheels.

Three-axle Single unit Trucks: All vehicles on a single frame including trucks, camping and recreational vehicles, motor homes, etc., having three axles.

Four or More Axle Single Unit Trucks: All trucks on a single frame with four or more axles.

Four or Less Axle Single Trailer Trucks: All vehicles with four or less axles consisting of two units, one of which is a tractor or straight truck power unit.

Five-Axle Single Trailer Trucks: All five-axle vehicles consisting of two units, one of which is a tractor or straight truck power unit.

Six or More Axle Single Trailer Trucks: All vehicles with six or more axles consisting of two units, one of which is a tractor or straight truck power unit.

Five or Less Axle Multi-Trailer Trucks: All vehicles with five or less axles consisting of three or more units, one of which is a tractor or straight truck power unit Six-Axle Multi-Trailer Trucks: All six-axle vehicles consisting of three or more units, one of which is a tractor or straight truck power unit.

Seven or More Axle Multi-Trailer Trucks: All vehicles with seven or more axles consisting of three or more units, one of which is a tractor or straight truck power unit. 33 190
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City of Brisbane
Planning Commission Agenda Report
TO: Planning Commission For the Meeting of 04/14/2022
SUBJECT: Modification of Interim Use Permit 2021-UP-3; 600 Tunnel Avenue; C-1 Commercial District (Baylands); allowing for continued staging of up to 90 Google Commuter buses on an approximately 3-acre vacant site on the Baylands; Eric Aronsohn, applicant; Oyster Point Properties Inc, applicant/owner. Alternatively, consider revocation of Interim Use.

REQUEST: Modification of Interim Use Permit 2021-UP-3 is requested by the property owner Oyster Point Properties, Inc. on behalf of Google to allow for the continued utilization of the subject site as a staging site for up to 90 Google buses for transporting Google employee commuters. The requested modification is to the scheduling of bus trips.

During its March 10, 2022 meeting, the Planning Commission indicated that it would consider modifying the interim use permit, if the applicant submitted an application for modification.

Alternatively, the Commission would consider revoking the interim use permit. Both options are before the Planning Commission at tonight’s hearing.

RECOMMENDATION: Conditionally approve modification of Interim Use Permit 2021-UP3, via adoption of Resolution 2021-UP-3-M with Exhibit A containing the findings and conditions of approval.

ENVIRONMENTAL DETERMINATION: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 of the CEQA Guidelines. The exceptions to this categorical exemption, referenced in Section 15300.2, do not apply.

APPLICABLE CODE SECTIONS: Brisbane Municipal Code Chapter 17.41 establishes procedures and required findings for the approval of interim uses in the Baylands subarea.

Required findings are set forth in BMC Section 17.41.060. Interim use permit revocation procedures are provided in BMC Section 17.41.100.

BACKGROUND:

Interim Use Permit 2021-UP-3 was approved on November 16th, 2021 and was a renewal of Interim Use Permit UP-4-19, at the end of its 2-year term. The approved interim use permit allows for parking of 90 Google commuter buses, to serve Google employees. During the public hearing in November 2021, concerns were raised about certain of Google’s operations and whether those operations complied with the permit. Two operational concerns were raised. One was whether bus movements were in compliance with the schedule provided by Google and the second was whether some of the buses were using the roadway south of the site, instead of all ATTACHMENT 7A
34 191
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buses coming and going along the northbound route. A condition of approval was included, both in the original approval in 2019 and in the 2021 renewal, which prohibits bus trips south of the site and so all trips are required to be to and from the north.

At the time of approval of the renewal on November 16, 2021, the Commission added a condition of approval that Google was to monitor bus movements and provide a report to staff, for presentation to the Commission after another 90-days of operation. The report was presented to the Planning Commission on March 10, 2022. An additional report of bus movements has since been provided by Google for the month of February. These four months of reports, from November 2021 through February 2022, are provided in Attachment D.

The reporting for the four months showed that out of a total of 8,270 trips, 14 of them were on the southern route. The most recent, February 2022 report showed that out of a total of 2,066 trips, only two trips were on the southern route. These were attributed to training issues with new bus drivers.

Additionally, the original use permit application included information outlining the expected hours of operation. However, operational hour limitations were not established as project conditions of approval. Nevertheless, the bus trip data provided by the applicant showed that a number of buses were running during midday hours, outside the operational hours stated in the application materials. Google attributed this to changes in its employees’ needs following the onset of the COVID-19 pandemic in early 2020 and that its requested schedule to include midday hours was not accurately updated for the 2021 renewal application to capture those actual needs. During the March 10th meeting, in response to the Commission’s questions, Google’s representative indicated that practically it would not be able to comply with the schedule provided at the time of the original application but requested flexibility in the operational times.

During the meeting of March 10th, the Planning Commission directed staff to schedule a hearing on revocation of the permit. At the same time, the Commission indicated that it would consider a request by the applicant to modify the permit, to fit its actual operations.

On March 25th, the applicant submitted an application for modification of the Interim Use Permit.

REQUESTED MODIFICATION
Time of Day for Scheduling Bus Trips
The applicant has provided an updated project description, including a revised estimated schedule of bus trips, which is included as Attachment B. The revised schedule does not increase the number of vehicle trips per day, but it spreads the trips over a longer period by utilizing mid-day hours. In essence, the concentration of trips to the early morning and evening hours would be reduced. Also, the bus count is noted as currently being 58, for approximately 116 trips (one out and one in each day). That is projected to eventually increase to the previously approved maximum count of 90 buses, for a total of 180 bus trips per day, as in-office usage by Google employees increases over time. The applicant has noted that these trip numbers, by time of day, are intended as average estimates and requests flexibility as Google’s needs may vary somewhat over time, 35 192
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within the general operational parameters being between 4 am to 10 pm, with most trips occurring after 5 am and before 9 pm.

Directional Routing
The applicant has not requested a change in the standard of routing buses to and from the north.

They noted in the attached project description, “Travel south on Tunnel Ave is prohibited. Signage is posted to this effect, however, as travel data shows there are rare instances of buses traveling south which is attributed to inadvertent and unintended human error, primarily due to new or substitute driver activity. We are requesting a small degree of flexibility to account for these errors which will be reported out as part of our regular data submissions to the City.” ANALYSIS AND FINDINGS: There are two sets of findings for the Commission to consider.

The first set is the standard interim use permit findings under BMC Sections 17.41.060.A-F, as were made on November 16, 2021; these findings would support the modification requested.

Alternatively, the Commission may deny the modified application and instead make the required finding to revoke Interim Use Permit 2021-UP-3. Staff is recommending the Commission approve the requested modification and adopt Resolution 2021-UP-3-M that reflects staff’s recommendation (Attachment A)
Staff consulted with the City Engineer and the Police Department to determine whether either had concerns with continuation of the use with the proposed modification to the schedule and both responded that they did not. The City Engineer noted that the use of buses is needed to keep single occupant vehicles off the roads. He also indicated that the occasional errant buses traveling south of the site are not concerning. However, he indicated that knowing how to distinguish between these occasional trips and problematic use of the southern portion of Tunnel Ave may be difficult.

Based on anecdotal accounts during the Planning Commission’s previous meetings and Google’s own accounts, it appears that the events have been the rare exception, at less than one-tenth of one percent for the four-month period and even less for the last two months. This appears to reflect Google’s commitment to better communicate with new drivers to prevent the southern trips.

Although not recommended by staff, should the Planning Commission choose to adopt a zerotolerance position on southern bus trips, that would be the basis for revocation, versus time-of-day trips, since prohibiting trips south was a condition of approval. This is reflected in the alternative draft Resolution 2021-UP-3-R (Attachment B).

Regarding time-of-day operations, with the original application, staff had requested the time-ofday scheduling/trip counts to characterize the use and that was provided by Google for presentation to the Commission with both the 2019 and 2021 applications. However, the time of day for bus trips was not intended to reflect an outright prohibition on any trips outside Google’s submitted schedule, but rather to characterize typical operations. Google’s requested changes in operations aside for a moment, it would be difficult if not impossible for Google to comply with a fixed schedule of when buses would be operating, given the uncertainty of traffic conditions on the roads. Thus, there was not a condition of approval outright prohibiting certain time-of-day operations. Conversely, one would expect an applicant to generally comply with its provided schedule, or request modifications in advance. In essence, operations that are significantly outside the proposed schedule should be the exception and not the norm. 36 193
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Google, during the March 10th meeting, indicated that it was unable to comply with the schedule that it provided last Fall and has now provided a revised schedule for the Commission’s consideration. As they noted, in the description, Google intends that the trips be considered an average and have requested some flexibility there as well. It should be noted that the proposed revised schedule allows for the vehicle trips to be spread through the daytime hours. This should be less impactful on local traffic by spreading the bus trips over a longer period each day.

Adding to the City Engineer’s comment about keeping single occupant vehicles off the road, Google has indicated that each bus has a rider capacity of 68 people. Assuming these riders would otherwise be in single occupant vehicles, at the maximum capacity of 90 buses, this could theoretically remove over 6,000 single occupant vehicles from the roadways on a given day. While one would not anticipate this maximum capacity on a daily basis, the public benefits for this use are substantial.

The project, including the conditions of approval, would meet the findings required to grant the requested modification.

Interim Use Permit Findings
a) The interim use will not be detrimental to the public health, safety or welfare, or injurious to nearby properties or improvements;
b) the interim use will not create any significant environmental impacts; c) the interim use will not obstruct redevelopment;
d) all required public utilities and other infrastructure are or will be available; e) the use will benefit the property and/or the public; f) encourage the employment of Brisbane residents to the extent it is reasonably possible to do so.

The revocation provisions for interim use permits are established in BMC Section 17.41.100, which states that, “An interim use permit may be revoked upon a determination by the authority granting the original permit (either the planning commission or the city council) that the holder of such permit has failed to comply with any of the conditions thereof or has violated any applicable provision of this title. " In this case, that authority is the Planning Commission.

If the Commission decides that the findings for a modified Interim Use Permit that are outlined above cannot be made, the Commission may instead choose to revoke Interim Use Permit 2021- UP-3. This would be based on the determination (or finding) that Google failed to comply with Condition 4, which states, “Routing of Google buses shall be to and from the north along Tunnel Ave and Beatty Ave to connect to U.S. 101. Buses shall not use Tunnel Avenue south of the site.” While the Planning Commission has previously indicated concerns over non-compliance with the time-of-day routing, given that this was not a stated condition of approval, a finding for revocation 37 194
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should be focused specifically on the prohibition on using Tunnel Ave south of the site, should the requested modification be denied.

If the Commission approves the proposed modification, the findings and conditions of approval are provided with the attached resolution and remain largely unchanged from the previous approval. Note that the condition regarding reporting bus movements to the Commission after the first 90 days has been removed. Google will still be required to provide monthly reports on bus movements to staff.

Finally, per the conditions of approval, as carried forward from interim use permit 2021-UP-3 in 2021, the permit is set to expire in 8 months, on November 23rd, 2022, unless that expiration date is also modified by the Commission. A decision of the Planning Commission to either approve the requested modification to the Interim Use Permit or deny the modification and revoke the permit may be appealed to City Council.

ATTACHMENTS:

A. Draft Resolution 2021-UP-3-M
B. Draft Resolution 2021-UP-3-R
C. Google’s revised project description
D. Route Map
E. Googles bus routing reports (November 2021 – February 2022) F. November 16, 2021 Agenda Report
G. Adopted Resolution 2021-UP-3
______________________________ _______________________________________ Ken Johnson, Senior Planner John Swiecki, Community Development Director 38 195
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Project Description - Google Shuttle Bus Parking
March 25, 2022
Sunquest Properties in partnership with Google is requesting a modification to its Interim Use for 3-acres (130,680 sf of land) (“Site”) currently operating as a bus parking location for Google.

The tenant, Google, is a leading global technology company with tens of thousands of employees based locally.

Google is headquartered in Mountain View, CA with offices in San Francisco, San Bruno, and Sunnyvale. With employees and offices spread across the region, the Google Bus operation has become a major component of the company’s strategy for managing their workforce’s transportation needs. The Google Bus operation also supports the Companies efforts to reduce congestion and emissions caused by single-occupant cars, especially during peak commuting times.

The Google Bus, also known as “GBus”, program has expanded its operation and in 2018, provided more than 4 million rides – picking up at 262 shuttle stops across nine Bay Area Counties. In aggregate, the shuttle program has helped Google employees avoid over 100 million vehicle miles per year.

The Brisbane location is ideal for the use given its central location and convenient and direct access to 101 and other regional highways. GBuses will be able to come and go with the least amount of impact on local commuters due to the near-by on and off ramps which puts buses on the highway, in route to their shuttle stops in 2-5 minutes.

FACILITY OPERATION AND VEHICLE ROUTING
Since initial approval of the use permit in 2019, the Covid-19 Pandemic has dramatically changed the office work day. As the entire business community adjusts to the “hybrid” work environment, we also require flexibility in the use of the lot to accommodate this new and evolving environment.

Monday-Friday
• Up to 90 buses may be parked at any given time. The peak parking demand time is overnight from 10:00pm to 5:00am.
• Normal Operations:
o On average, buses leave the site starting at 5:00am and return before 10:00pm o On average buses are parked from around 10:00 pm to 5:00am. o Up to 90 buses will be parked overnight until the shift begins at 5am the following day. o In rare instances, light maintenance may need to occur and this would include battery jump starts, emergency tire repair, etc.
o Up to 90 personal vehicles to be parked when buses are in service. Personal vehicles would belong to bus drivers and other support staff
Saturday-Sunday and holidays:
• Up to 90 buses may be parked at any given time
• A minimal number of trips may happen on weekends, holidays, and overnight for unanticipated maintenance and operational needs.

Routing:
• Routing to/from the lot will continue to be via north on Tunnel Ave and Beatty Ave. • Travel south on Tunnel Ave is prohibited. Signage is posted to this effect, however, as travel data shows there are rare instances of busses travelling south which is attributed to inadvertent and unintended human error, primarily due to new or substitute driver activity. We are requesting a small degree of flexibility to account for these errors which will be reported out as part of our regular data submissions to the City. 39 196
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For additional clarity, below illustrates current activity and a projection for future activity starting from when Google has announced their return to office starting in early April with a notable decline in midday trips. As noted earlier, flexibility of the distribution of trips is subject to change based on hybrid and evolving work schedules. Changes will be communicated through required monthly trip data reporting.

Current (~58 buses) Max Capacity (90 buses)
Time Periods Percent of Trips Avg Trips Per Day Percent of Trips Avg Trips Per Day 12:00am - 03:59am 0% 0 0% 0
04:00am - 05:59am 2% 2 10% 18
06:00am - 08:59am 28% 33 35% 63
09:00am - 11:59am 21% 24 5% 9
12:00pm - 02:59pm 12% 14 5% 9
03:00pm - 05:59pm 22% 25 10% 18
06:00pm - 08:59pm 14% 16 32% 58
09:00pm - 09:59pm 2% 2 3% 5
10:00pm - 11:59pm 0% 0 0% 0
116 180

ON-SITE PERSONNEL
There shall be no permanent on-site personnel. Google will utilize a contracted security officer, who monitors and patrols the Companies assets in South San Francisco and San Bruno.

VEHICLE MAINTENANCE
There will be absolutely no vehicle maintenance, other than emergency needs, performed on this site. Bathrooms will be pumped out at an offsite facility.

FENCING, SECURITY, AND SITE LAYOUT
Perimeter fencing as shown in the site plan has been installed and requires little maintenance. A manually operated security gate is located at both the entrance and the exit which is locked by the last driver nightly. Lighting and security cameras are located on the site for additional security. Lighting is on timers which are adjusted regularly to limit their light pollution impacts, only being in use when drivers are on site. Gates servicing the site from Tunnel Avenue are setback to allow busses to fully pull off the road without causing traffic.

GRADING
Grading work is complete and is being maintained on a regular basis to ensure safe and minimally impactful operations.
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February 2022
Trip Data
2/1/22 2/2/22 2/3/22 2/4/22 2/7/22 2/8/22 2/9/22 2/10/22 2/11/22 2/14/22 2/15/22 2/16/22 2/17/22 2/18/22 2/21/22 2/22/22 2/23/22 2/24/22 2/25/22 2/28/22 Total 5:00 1 1 1 1 2 2 2 2 2 2 2 1 2 2 2 1 1 2 1 30
6:00 13 9 10 11 10 11 11 9 10 13 11 12 10 9 9 12 11 10 11 202 7:00 13 15 18 20 17 16 19 20 16 16 16 16 18 19 16 16 19 16 16 322 8:00 6 6 3 4 4 3 3 4 4 4 5 6 3 6 7 4 4 4 4 84
9:00 11 15 13 12 12 10 13 8 12 17 9 7 12 12 8 11 9 12 13 216 10:00 3 7 6 4 4 5 6 9 8 3 7 9 6 5 8 6 12 7 5 120
11:00 3 4 3 4 1 2 4 3 2 4 5 4 3 3 5 2 6 1 5 64
12:00 1 1 4 2 3 3 2 1 1 2 1 1 1 3 1 27
13:00 3 3 3 1 2 4 3 3 1 2 5 4 4 5 1 6 4 5 1 4 64
14:00 12 12 12 10 9 9 11 10 13 10 10 9 10 11 1 14 11 9 10 7 200 15:00 6 7 7 6 10 7 8 7 6 8 5 5 6 5 5 7 5 6 6 122
16:00 3 8 3 6 6 6 6 7 7 6 8 5 4 5 1 5 4 5 5 6 106
17:00 13 10 13 15 15 13 11 13 16 11 10 15 9 16 14 15 13 11 15 248 18:00 11 10 11 8 10 11 12 10 8 14 11 9 15 5 10 10 8 11 9 193 19:00 3 3 3 1 1 2 3 3 2 1 2 4 3 3 1 2 2 4 3 2 48
20:00 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 20
Total 103 111 107 105 104 106 115 112 111 114 109 108 108 108 5 112 107 112 103 106 Routing Violations
Date/Time Bus ID Location Description
2022-02-21 17:39:04 397 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2022-02-28 11:33:18 217 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 41 198
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January 2022
Trip Data
1/3/22 1/4/22 1/5/22 1/6/22 1/7/22 1/10/22 1/11/22 1/12/22 1/13/22 1/14/22 1/18/22 1/19/22 1/20/22 1/21/22 1/24/22 1/25/22 1/26/22 1/27/22 1/28/22 1/31/22 Total 5:00 1 1 2 3 3 1 4 2 3 3 4 4 1 3 4 4 4 2 49
6:00 21 21 19 17 16 9 8 14 20 21 21 21 18 19 19 17 18 19 16 334 7:00 18 15 18 17 19 21 23 16 17 11 13 15 13 13 14 16 16 19 13 307 8:00 7 8 8 5 6 4 5 7 7 7 6 6 9 8 6 6 4 4 11 124
9:00 9 9 6 6 9 8 9 7 8 6 7 3 4 7 8 9 6 8 3 132
10:00 3 1 3 1 3 4 4 1 3 2 6 9 7 3 5 2 5 8 7 77
11:00 1 1 2 1 1 1 3 1 5 1 3 1 1 2 2 1 1 28
12:00 1 1 2 1 2 1 8
13:00 1 1 2 2 1 1 1 1 1 2 1 3 17
14:00 3 2 3 2 2 14 13 3 2 3 5 2 4 2 4 2 1 4 5 76
15:00 5 8 6 6 6 5 8 6 8 7 7 8 8 8 9 8 7 6 8 134
16:00 12 11 11 13 8 9 6 6 6 6 6 4 6 8 6 5 5 7 7 142
17:00 14 14 10 12 15 13 15 9 12 14 8 13 11 15 12 9 10 10 12 228 18:00 11 9 14 12 13 8 6 18 16 10 14 10 15 9 16 18 19 13 12 243 19:00 3 7 6 3 6 2 4 8 6 9 8 12 9 6 9 8 10 8 9 133
20:00 1 1 1 1 1 1 1 1 2 1 2 1 2 1 1 1 2 1 1 23 2055
Total 4 107 112 107 103 107 103 107 106 111 103 107 111 113 103 114 108 108 114 107 1970 2181 0.19%
Routing Violations
Date/Time Bus ID Location Description
2022-01-03 9:48:05 458 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 42 199
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December 2021
Trip Data
12/1/2021 12/2/2021 12/3/2021 12/6/22 12/7/22 12/8/22 12/9/22 12/10/22 12/13/22 12/14/22 12/15/22 12/16/22 12/17/22 12/20/22 12/21/22 12/22/22 12/23/22 12/28/22 12/29/22 12/30/22 Total 5:00 4 2 2 3 3 4 4 3 4 2 4 2 1 38
6:00 21 20 20 17 21 18 17 14 14 21 17 20 8 10 8 9 9 7 10 281 7:00 13 17 17 17 16 15 17 19 16 18 17 18 14 13 16 16 17 17 16 309 8:00 7 7 7 5 6 7 4 3 7 7 9 9 3 6 4 5 8 4 8 6 122
9:00 11 9 8 6 7 7 6 8 7 8 5 6 10 12 8 8 7 9 6 148
10:00 4 5 3 6 6 4 5 2 1 4 9 4 1 3 8 7 5 2 3 5 87
11:00 2 1 0 1 1 5 4 1 1 2 3 1 7 29
12:00 1 1 2 0 1 2 1 2 2 1 1 14
13:00 1 1 1 2 1 1 2 1 1 2 3 3 5 2 26
14:00 3 4 2 3 5 2 1 2 3 3 5 2 1 13 9 9 9 8 6 7 97
15:00 7 6 8 6 7 9 7 5 6 7 5 3 3 4 6 5 4 5 5 108
16:00 8 5 6 8 6 5 5 7 6 8 5 10 7 7 11 12 9 9 9 143
17:00 15 8 12 12 8 9 10 10 9 11 11 6 1 12 11 10 13 12 11 10 201 18:00 10 15 16 16 16 19 19 15 18 18 16 19 9 7 5 5 5 4 5 237 19:00 12 11 6 7 8 8 10 6 8 5 10 7 2 1 1 2 1 105
20:00 1 2 2 0 2 1 2 2 1 1 2 2 1 1 1 1 1 1 1 25
Total 120 112 111 108 112 111 108 97 106 116 117 114 7 87 93 92 96 83 89 91 Routing Violations
Date/Time Bus ID Location Description
2021-12-06 10:31:25 268 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2021-12-10 20:11:00 322 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2021-12-13 10:56:08 309 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2021-12-15 9:58:43 367 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2021-12-28 14:42:40 319 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 43 200
M.

November 2021
Trip Data
11/1/21 11/2/21 11/3/21 11/4/21 11/5/21 11/8/21 11/9/21 11/10/21 11/11/21 11/12/21 11/15/21 11/16/21 11/17/21 11/18/21 11/19/21 11/22/21 11/23/21 11/24/21 11/29/21 11/30/21 Total 4:00 1 1
5:00 3 3 4 4 4 3 4 4 4 4 3 5 3 4 4 1 1 2 1 2 63
6:00 21 19 21 18 19 21 19 19 20 21 18 21 19 20 21 8 10 10 17 20 362 7:00 11 14 15 13 19 11 13 13 15 16 13 14 14 16 13 19 15 17 19 15 295 8:00 7 6 6 9 4 6 6 7 7 8 9 10 6 5 4 4 1 5 5 8 123
9:00 6 8 3 4 8 11 8 6 8 6 9 7 6 8 11 8 4 5 11 11 148
10:00 2 5 9 7 8 3 6 5 6 8 4 6 4 8 9 5 4 4 4 2 109
11:00 3 2 1 1 1 2 1 2 2 2 2 1 2 2 1 1 26
12:00 2 1 1 1 1 1 1 1 1 3 13
13:00 1 3 1 1 2 3 1 2 2 16
14:00 3 4 2 4 4 2 3 4 4 5 2 4 3 3 3 4 5 4 4 3 70
15:00 7 9 8 8 6 7 12 8 9 8 8 10 9 8 8 6 7 7 7 5 157
16:00 6 6 4 6 7 7 5 4 6 5 14 5 4 9 10 6 3 5 8 7 127
17:00 14 12 13 11 10 11 11 11 11 13 9 13 13 8 9 8 9 11 10 12 219 18:00 10 16 10 15 13 10 14 14 11 15 11 14 9 13 13 12 11 11 18 11 251 19:00 9 9 12 9 8 11 11 10 10 8 9 13 14 13 9 2 1 6 12 176 20:00 1 1 1 2 1 1 1 1 3 2 1 1 2 1 1 1 1 22
21:00 1 1 1 3
22:00 0
Total 103 114 111 113 115 106 115 107 116 121 112 126 109 118 118 87 76 88 114 112 Routing Violations
Date/Time Bus ID Location Description
2021-11-01 16:41:24 391 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2021-11-01 18:26:59 397 Tunnel Ave and Lagoon Rd - South New driver training 2021-11-02 16:51:50 390 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2021-11-03 16:36:56 330 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2021-11-15 11:54:24 LUX651 Tunnel Ave and Lagoon Rd - South New driver training 2021-11-24 10:28:04 393 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 44 201
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Staff noted the City Engineer reviewed the sign program for sight distance and language within the program stipulates final approval of the location of the entry monument sign lies with the City Engineer. Staff also noted the Commission has discretion to limit the color palette of signage but indicated the City cannot prohibit signage that utilizes trademarked logos, even if the color was precluded under a sign program.

Barbara Ebel, Brisbane resident, spoke about a future dark skies ordinance in progress by the Open Space and Ecology Committee.

With no one else wishing to address the Commission, a motion by Commissioner Lau, seconded by Commissioner Sayasane to close the public hearing was approved 4-0.

After deliberation, a motion by Chairperson Gooding, seconded by Commissioner Sayasane to approve the application via adoption of Resolution 2021-SR-9, amended to require programmable, automated dimmers on all illuminated signs, was approved 4-0. Chairperson Gooding read the appeals procedure.

G. 1000 Sierra Point Parkway; Use Permit 2022-UP-2; SP-CRO Sierra Point Commercial District; Use Permit application to allow the use of minipigs in medical research and development (R&D) by Bristol-Myers Squibb in the existing, approximately 9,000 square foot vivarium; Ricardo Garcia, applicant; HCP LS Brisbane LLC, owner.

Note, item removed from the agenda; see the memorandum to the Planning Commission regarding this removal.

H. PUBLIC HEARING: 600 Tunnel Avenue; Modification of Interim Use Permit 2021- UP-3; C-1 Commercial District (Baylands); allowing for continued staging of up to 90 Google Commuter buses on an approximately 3-acre vacant site on the Baylands, with a modified schedule; Eric Aronsohn, applicant; Oyster Point Properties Inc, applicant/owner.

Alternatively, consider revocation of Interim Use Permit 2021-UP-3.

Senior Planner Johnson gave the staff presentation and answered questions about applying conditions of approvals and the Commission’s past request to issue citations for violations of the interim use permit.

Chairperson Gooding opened the public hearing.

Eric Aronsohn, applicant, and Ross Benson, Google’s representative, addressed the Commission and answered questions about the volume and timing of bus trips from the site.

Michelle Salmon, Brisbane resident, spoke about traffic safety on Tunnel Ave.

Mary Rogers, Brisbane resident, expressed her opposition to allowing the use to continue and spoke about Google’s history at the site.
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Randall Venerable, Brisbane resident, spoke in favor of the benefits that buses provide and hoped the Commission will find a solution that would allow the use to remain and operate safely.

With no one else wishing to address the Commission, a motion by Commissioner Lau, seconded by Commissioner Patel to close the public hearing was approved 4-0.

After deliberation, a motion by Commissioner Patel, seconded by Commissioner Sayasane, to deny the modification of Interim Use Permit 2021-UP-3 and revoke the permit via adoption of Resolution 2021-UP-3-R was approved 3-1 (Gooding). Senior Planner Johnson read the appeals procedure.

ITEMS INITIATED BY STAFF
Director Swiecki and Senior Planner Johnson noted progress on the Housing Element update continues and a public hearing on it is expected at the end of May.

ITEMS INITIATED BY THE COMMISSION
Commissioner Patel asked staff to agendize a Commission training session on code enforcement authority and the drafting of resolutions at a future meeting date.

ADJOURNMENT
Chairperson Gooding declared the meeting adjourned to the next regular meeting of April 28, 2022 at approximately 10:15 p.m.

Attest:
___________________________________
John A. Swiecki, Community Development Director
NOTE: A full video record of this meeting can be found on the City’s YouTube channel at www.youtube.com/BrisbaneCA, on the City’s website at http://www.brisbaneca.org/meetings, or on DVD (by request only) at City Hall.
46 203
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For the Meeting of 10/28/2021
ATTACHMENT 8.A
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C).
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Ken Johnson
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9/15/21, 4:47 PM Submission #52
https://www.brisbaneca.org/print/16601/submission/9642 1/3 Published on City of Brisbane (https://www.brisbaneca.org) Home > Electronic Planning Application > Webform results > Submission #52 Submission information
Form: Electronic Planning Application [1]
Submitted by Visitor (not verified)
Wed, 09/08/2021 - 5:30pm

69.181.231.35
Application Type:

Use Permit
Use Permit Type:

Interim Uses on the Baylands
Does the project location have a street address? Yes
Project Address: 600 Tunnel Ave. Brisbane
Assessor's Parcel Number (APN): 005340040
Do you have another APN? Yes
Assessor's Parcel Number (APN): 005350080
Assessor's Parcel Number (APN):

Assessor's Parcel Number (APN):

Zoning District: C-1
Habitat Conservation Plan: No
Flood Zone: No
Slope: Under 20%
Project Description: Applying for a 5-years interim use permit renewal UP-4-19 for google bus operation at 600 Tunnel Ave. On March 12, 2020 we had a plan to add more improvement to the site by installing a virgin base rock or asphalt grinding to control the dust issue as a long term solution, however, once the pandemic hit, google bus operation was shut down and buses moved out of the site , until last July, 01, 2021 when google decided to resume their operation, we had a water truck in there 3 days per week to dampen down the base and dirt materials, this could be a potential longer-term solution since we noticed a huge difference. Over time it will compact the surface. Finally, on September 2, 2021 we decided to install an asphalt grinding material over the entire site as a permanent and a long term solution to the dust issue. See Pictures attached showing the current site conditions on September 07, 2021.

Additionally, "KingSolarman", the contractor for the "Solar Lighting Towers" did make an adjustment to the lighting per the city of Brisbane request by placing them downwards onto the site, this can mitigate the light pollution, furthermore they have programmed all the lighting towers on a timer so it will turn-on only Monday through Friday between the hours of: (8:00pm-11:00pm & 4:00am-6:00am) and turn-off on Saturday & Sunday. This hours can be adjusted any time upon request. See attached a letter From KingSolarman dated September 07, 2021.
*We also regularly sweeping Tunnel Ave at least once a week.

ATTACHMENT C.2
Applicant's Project
Description 2021
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ATTACHMENT C.4
Vehicle Trip Schedule
Private Vehicles and Buses
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Chairperson Gooding opened the public hearing.

Eric Aronsohn, applicant, addresses the Commission and answered question about leveraging resources from Mission Blue Nursery, the types of trees expected to be grown at the nursery, and the timing of growing trees for the Baylands at the proposed location.

Barbara Ebel, Brisbane resident, spoke in favor of the project but raised concerns about the project’s water usage.

Michele Salmon, Brisbane resident, spoke in favor of the project but raised concerns about nearby seasonal wetlands and invasive flora onsite.

Mary Rogers, Brisbane resident, raised concerns about lighting and potential benefits to Brisbane residents, if any.

Jason Nunan, spoke in favor or the project but raised concerns about non-native tree species being grown at the nursery.

With no others wishing to address the Commission, Commissioner Patel moved to close the public hearing. Commissioner Funke seconded the motion and it was approved 5-0.

After deliberation, Commissioner Funke moved to approve the application via adoption of 2021- UP-5 with an additional condition that prior to the applicant commencing operations, the limits of the seasonal wetlands shall be verified by a qualified biologist to ensure the interim use does not encroach upon the wetlands. Commissioner Gomez seconded the motion and it was approved 5-0.

C. PUBLIC HEARING: 600 Tunnel Avenue; Interim Use Permit 2021-UP-3; C-1 Commercial Mixed Use (Baylands); Proposed Interim Use Permit for the continued staging of up to 90 Google commuter buses on an approximately 3-acre site between Tunnel Avenue and the Caltrain rail line to serve Google employees on the peninsula for up to a 5-year term. Sam Khodja, applicant; Oyster Point Properties, Inc. (Baylands Development Inc.), owner.

Senior Planner Johnson informed the Commission that the applicant has requested to continue this item to the next scheduled meeting to discuss proposed conditions of approvals with staff.

Director Swiecki added that while the applicant’s current interim use permit will expire before the next meeting, the use may continue until the Planning Commission acts on this item and they will be subject to the boundaries and conditions under the existing interim use permit.

Chairperson Gooding opened the public hearing.

Mary Rogers, Brisbane resident, spoke against the project. 57 214
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Michele Salmon, Brisbane resident, spoke against the project.

Kim Follien, Brisbane resident, spoke in favor of the project provided the lot is paved and lighting is properly shielded.

Barbara Ebel, Brisbane resident, spoke in favor of the project provided the applicant follow through on mitigating dust and glare and provide the route and trip data per the new recommended conditions of approval.

Chairperson Gooding closed the public hearing and Commissioner Funke moved to continue the application to the next Planning Commission meeting of November 16, 2021. Commissioner Gomez seconded the motion and it was approved 5-0.

D. PUBLIC HEARING: Zoning Text Amendment 2021-RZ-2; Various zoning districts; Zoning text amendments to Title 17 of the Brisbane Municipal Code to City of Brisbane to establish objective design and development standards for housing development projects; establish residential density requirements for the NCRO-2 Zoning District; allow multiple family dwellings in the SCRO-1 District by right and multiple family dwellings as part of a mixed use in the NCRO-2 Zoning District by right; reduce guest parking requirements; and establish procedures and requirements for an administrative Housing Development Permit for qualifying housing development projects. City of Brisbane, applicant; Citywide.

Director Swiecki introduced Contract Senior Planner Beggs.

Contract Senior Planner Beggs and project consultants Aaron Aknin and Nicholas Hamilton of Good City gave the staff presentation and answered questions about the criteria for certain development regulations, including step-backs, which zoning districts are impacted by the proposed amendments, the timing of approval required by the State, and if additional visualization and/or simulation materials of the proposed amendments could be provided.

The Commission asked staff and the consultants to further explain the proposed reduction in guest parking, including how the proposed standard was determined and whether the Housing and Community Development (HCD) would permit Brisbane to retain its current and more stringent standard.

Director Swiecki explained the State views parking as a constraint on housing availability and is regulating municipalities to reduce governmental constraints. Mr. Akin further indicated that HCD’s review will include ensuring the feasibility of the proposed amendments are not financially burdensome, i.e., a limiting factor to the construction of housing, and leaving the guest parking standard unchanged may necessitate a subsequent change in the future.

Commissioners Funke and Gooding requested clarification on the approval process for new mixeduse and multifamily projects and the role of the Zoning Administrator. Director Swiecki informed the Commission that without any discretionary standards, the Zoning Administrator’s role is to 58 215
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A. Applicant's letter, dated Nov. 9, 2021
B. Planning Commission Agenda Report of October. 28, 2021 C. Correspondence from Mary Rogers, dated Aug. 26, 2021 D. Draft Resolution 2021-UP-3
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BRISBANE PLANNING COMMISSION
Action Minutes of November 16, 2021
Virtual Special Meeting

CALL TO ORDER
Chairperson Gooding called the meeting to order at approximately 7:30 p.m.

ROLL CALL

Present: Commissioners Funke, Gooding, Gomez, Patel, and Sayasane

Absent: None
Staff Present: Director Swiecki, Senior Planner Johnson, Contract Senior Planner Kelly Beggs, and Associate Planner Robbins

ADOPTION OF AGENDA
Commissioner Funke moved to adopt the agenda. Commissioner Gomez seconded the motion and it was approved 5-0.

CONSENT CALENDAR
Commissioner Patel moved to adopt the consent calendar (agenda item A). Commissioner Gomez seconded the motion and it was approved 5-0.

ORAL COMMUNICATIONS
There were no oral communications.

WRITTEN COMMUNICATIONS
Chairperson Gooding acknowledge three letters were received pertaining to agenda item C.

OLD BUSINESS
B. PUBLIC HEARING: 600 Tunnel Avenue; Interim Use Permit 2021-UP-3; C-1 Commercial Mixed Use (Baylands); Proposed Interim Use Permit for the continued staging of up to 90 Google commuter buses on an approximately 3-acre site between Tunnel Avenue and the Caltrain rail line to serve Google employees on the peninsula for up to a 5-year term. Sam Khodja, applicant; Oyster Point Properties, Inc. (Baylands Development Inc.), owner.

Note: This item was continued from the October 28,2021 Planning Commission meeting.

Senior Planner Johnson gave the presentation and answered questions from the Commission about the original complaints pertaining to fugitive dust and light glare, the timing of modifications made ATTACHMENT 8.D
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by the applicants to the onsite lighting, and the scheduling and movements of the buses, including what the GPS data related to bus movements would indicate.

Chairperson Gooding opened the public hearing.

Eric Aronsohn, applicant, addresses the Commission and spoke about how bus routing and scheduling has changed post Covid-19, a geofence was set up to monitor bus movements and notify the City of violations, and dust control mitigation and lighting adjustments have been made recently, including diming the lights and adding a layer of asphalt grindings. He also clarified both the subject matter and source of the attachments and photos included with the staff report.

Michele Salmon, Brisbane resident, spoke against the project. Staff played two videos at this time, recorded early 2020 by Ms. Salmon and submitted at the beginning of the meeting, showing fugitive dust coming from the project site and two buses entering the lot from the south, in violation of the conditions of approval from the original interim use permit.

Edward Mason, San Francisco resident, spoke about San Francisco’s burden from Google buses and suggested the Commission and City of Brisbane consider electrical charging infrastructure for medium and long-term planning solutions.

Ross Dykes, Brisbane resident, spoke in favor of the benefits of the project.

Mary Rogers, Brisbane resident, spoke against the project, indicating the project sponsor is untrustworthy.

Randell Veribell, Brisbane resident, spoke in favor of the benefits of the project.

Roland Lebrum, South San Jose resident, echoed Mr. Mason’s comment about planning and providing for electrical charging infrastructure.

With no others wishing to address the Commission, Commissioner Patel moved to close the public hearing. Commissioner Sayasane seconded the motion and it was approved 5-0.

After deliberation, Commissioner Funke moved to approve the application via adoption of 2021- UP-3, with the following modifications:
• The Interim Use Permit shall be for a term of one year; • The applicant shall provide reliable bus movement data to the satisfaction of the Community Development Director within 30 days of the effective date of the permit; • The bus yard will not have to be paved, but the yard’s ground surface shall be maintained to prevent airborne dust generation; and
• The Planning Commission will review applicant’s compliance with the new terms and conditions of approval within 90 days of the effective date of the permit.

Commissioner Patel seconded the motion and it was approved 5-0. Chairperson Gooding read the appeals procedure.
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ATTACHMENT 8.E
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City of Brisbane
Planning Commission Agenda Report
TO: Planning Commission For the Meeting of 10/10/2019
SUBJECT: Interim Use Permit UP-4-19 & Grading Review EX-3-19; 600 Tunnel Avenue; C-1 Commercial District (Baylands); Interim Use Permit to allow staging of up to 90 Google Commuter buses on an approximately 3 acre vacant site on the Baylands. The proposal further involves approximately 4,075 cubic yards of site preparation grading. Eric Aronsohn of Universal Paragon Corporation (Oyster Point Properties Inc.), applicant/owner; Assessor’s Parcel Numbers 005-340-040 & 005-350-080.

REQUEST: An Interim Use Permit and Grading Review is requested by Universal Paragon Corp. on behalf of Google to allow for utilization of the subject vacant site as a staging yard for up to 90 Google commuter buses. Prior to parking buses on the site it would be prepared by grading of approximately 4,075 cubic yards with placement of base rock.

The requested term of the Interim Use Permit would be for 5 years. Parking, or staging, of the buses would be allowed 24 hours a day, seven days a week. A schedule of projected trips in and out of the yard is provided in the project description section below and in the applicant’s project description.

No utilities or office facilities are proposed with this use.

RECOMMENDATION: Conditionally approve Interim Use Permit UP-4-19 and Grading Review EX-3-19, recommending City Engineer approval of the proposed grading, via adoption of Resolution UP-4-19/EX-3-19 with Exhibit A containing the findings and conditions of approval.

ENVIRONMENTAL DETERMINATION: This project, a minor temporary use of land having negligible or no permanent effects on the environment, is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Sections 15304 of the CEQA Guidelines. The exceptions to this categorical exemption, referenced in Section 15300.2, do not apply.

APPLICABLE CODE SECTIONS: Brisbane Municipal Code Chapter 17.41, adopted June 10, 1996, establishes procedures and required findings for the approval of interim uses in the Baylands subarea. Required findings are set forth in BMC Section 17.41.060, and mandatory conditions of approval are listed in BMC Sections 17.41.060.F and 17.41.070.

For the meeting of 10/24/19
ATTACHMENT 9.A
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UP-4-19/EX-3-19
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BMC Section 17.32.220 requires Planning Commission review of a grading permit when more than 50 cubic yards of material is to be removed from the site and/or when more than 250 of material are involved.

SITE DESCRIPTION: The site is approximately 3 acres in size and is located south of the Golden State Lumber storage yard, between the CalTrain rail lines and Tunnel Avenue, on the westernmost edge of the former municipal landfill. Most of the parking area will be set back from Tunnel Avenue by approximately 78 to 100 feet and set back from CalTrain by approximately 40 to 115 feet.

The subject area is vegetated with Coyote brush scrub and grasses that have grown on the soil cap over the landfill following cessation of the landfilling in this area in the mid-1900’s. The City’s biological consultant for the Baylands has previously identified seasonal wetlands in the areas east and west of this site, but the proposal site would not encroach into those areas.

The attached photo by staff taken in September 2019 shows the general state of the site.

PROJECT DESCRIPTION: The proposed operations as described by the applicant are summarized as follows:

Site Preparation The site would run parallel to Tunnel Avenue with a one-way entrance from Tunnel Avenue at the north end and a one-way exit at the south end of the site.

Prior to occupying the site with the buses, the site would be prepared by grubbing the vegetation and laying base rock across the site. The total grading volume would be approximately 4,075 cubic yards. Approximately 400 cubic yards of the grubbed material would be exported from the site and approximately 3,675 cubic yards would be imported base rock to provide a parking surface.

A six foot high chain link fence would be placed around the perimeter of the site, with a manually operated, lockable gate at the driveway entrance and exit. Solar powered temporary light standards would be placed at eleven locations across the site for safety and security, as shown on the applicant’s site plan.

Per a draft condition of approval, prior to preparing the site for the proposed use, the nearby wetlands would be marked by the project biologist, to the satisfaction of the Community Development Director, to prevent inadvertent disruption of those areas during the site preparation work.

Proposed Use As indicated above, the site would be used for staging up to 90 Google buses for transporting Google employee commuters. The buses would be picked up and dropped off by contracted Google bus drivers Monday through Friday, between 3 and 7 am and 3 and 9 pm.

Drivers arriving by personal vehicle would park those vehicles on the site, in place of the Google buses. The total vehicle trips per day is estimated at 360, with the peak hours being between 4 and 6 am at a rate of 60 trips per hour and between 7 and 8 pm at a rate of 50 trips in that hour.

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Note that a trip is counted for each time either a personal vehicle or bus would enter or exit the yard.

Vehicle maintenance would not be conducted on the site.

No permanent employees would be located on the site, since the site would only serve as a staging location to store, pick up and drop off buses. The buses are equipped with lavatories and trash receptacles and so no restroom or trash collection facilities are planned for the site. All waste products would be handled off-site, outside of Brisbane.

As indicated above the yard would be fenced and gated for security. Additionally, security personnel would periodically patrol this site along with two other nearby Google sites 7 days a week. Portable solar-powered lighting standards with security cameras would be located on the site for security and safety during early morning and evening vehicle transfers. Lighting would be on in the mornings at 4:30 am and in the evenings to 11 pm. The Police Department reviewed the applicant’s proposal and had no objections.

ANALYSIS AND FINDINGS: The required findings under BMC Sections 17.41.060.A-F and project analysis are as follows:

Interim Use Permit
a) The interim use will not be detrimental to the public health, safety or welfare, or injurious to nearby properties or improvements;
The proposal complies with this finding.

The site is within an industrial area of Brisbane and the proposal is not anticipated to have any detrimental or injurious effects. The area is largely surrounded by vacant lands, and the CalTrain rail line. CalTrain’s north-south rail lines run adjacent to the site immediately to the west. The Golden State Lumber storage yard is located approximately 200 feet to the north. To the east, across Tunnel Avenue, are the Brisbane Recycling Company and Brisbane Soil Processing operations. To the south are vacant lands of the Baylands. Note that CalTrain has indicated that their fiber line runs on the property and appears to be immediately to the west of the proposed yard. To ensure that there is no damage to the nearby fiber line, a condition of approval is included to coordinate locating it in the field prior to grading.

Given the site’s location, the closest residential uses are approximately 1/3 mile away, to the southwest, at the Northeast Ridge, and slightly more distant to the west and north in Daly City and San Francisco, at approximately ½ mile. Given those distances, and the operational conditions of approval, including the number of vehicle trips per hour, the use is not anticipated to have any detrimental effects on the residential areas. Despite that, since the CalTrain Bayshore station is located approximately ¼ mile to the north on Tunnel Avenue, due to the anticipated increase in bus traffic, CalTrain has requested that UP-4-19/EX-3-19
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prior to the start of operations, outreach be made by Google to the nearby residential neighborhood. This would be to inform the nearby residents that the Google buses, to be housed on the subject site, will be operating near that station. b) the interim use will not create any significant environmental impacts; The proposal complies with this finding.

The use is temporary in nature with no permanent structures or utilities and the use would have negligible or no permanent effects on the environment. As such it is categorically exempt from the provisions of CEQA. As indicated above, there are wetlands in the vicinity of the site, but these are outside the area of proposed use. A condition of approval is included for a qualified project biologist to delineate the wetlands in the field and that they be marked with temporary orange fencing to prevent inadvertent damage during grading.

The use of buses for Googles employees will serve to remove single occupancy vehicles from the roadways and thereby reduce greenhouse gas emissions for the region, reducing environmental impacts that would otherwise result from single occupant vehicles. c) the interim use will not obstruct redevelopment;
The proposal complies with this finding.

In considering approval of the Interim Use Permit, the Planning Commission must find that the use “…will not obstruct, interfere with, or delay the intended redevelopment of the property…” (BMC Section 17.41.060.C). Given the short duration of the proposed use and that fact that it will not include any permanent structures, there would be no obstruction to redevelopment plans. A condition of approval is included to address vacation of the site should redevelopment be advanced during the permit period. d) all required public utilities and other infrastructure are or will be available; This proposal complies with this finding.

The infrastructure of the roadway is provided via Tunnel Avenue with nearby U.S. 101 freeway access via Beatty Avenue. No utilities are required for this use. e) the use will benefit the property and/or the public; The proposal complies with this finding.

The use would benefit the public in that the bus yard would support the use of commuter buses and thereby reduce greenhouse gas emissions for the region.

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f) encourage the employment of Brisbane residents to the extent it is reasonably possible to do so.

The proposal complies with this finding.

The applicant indicates that their employment recruitment program will include directed outreach to Brisbane residents, to the extent possible. Google utilizes vendor partners for bus driver services and has indicated that they will encourage those vendors to post job openings in the City’s Chamber of Commerce publication, the Luminary.

Grading
In 2003, the Planning Commission adopted guidelines and findings for reviewing grading applications based on General Plan policies.
a. The proposed grading is minimized and designed to reflect or fit comfortably with the natural topography.
b. The proposed grading is designed to avoid large exposed retaining walls. c. The proposed grading is designed to conserve existing street trees. d. The proposed grading complies with the terms of the San Bruno Mountain Area Habitat Conservation Plan Agreement and Section 10(a) Permit, if and as applicable.

The proposal either complies or is not applicable to these findings. The only applicable finding is the first and the grading will not appreciably change the relatively flat topography of the site, except to even out the surface of this relatively flat site and provide a layer of base rock. There would be no retaining walls, no effected trees and the site is not within the HCP. It should be noted that technical issues such as soil stability, erosion control and site drainage are under the purview of the City Engineer, as a separate grading permit.

Finally, note that this application was routed to the City Engineer/Public Works Director, Fire Dept., Police Dept., San Mateo County Environmental Health, Regional Water Quality Control Board, Bayshore Sanitary District, San Francisco Water and CalTrain JPB for review and comment. There were no objections to the proposed use. Proposed conditions of approval are provided with the attached resolution.

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ATTACHMENTS:

A. Vicinity Map
B. Site Photograph
C. Applicant’s Project Description
D. Applicant’s Vehicle Trip Estimates
E. Applicant’s Proposed Plans
F. Draft Resolution UP-4-19/EX-3-19
______________________________ _______________________________________ Ken Johnson, Senior Planner John Swiecki, Community Development Director UP-4-19/EX-3-19
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Brisbane Planning Commission Minutes
October 24, 2019

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1. PUBLIC HEARING: Interim Use Permit UP-7-19 (Continuation of UP-4-18); Baylands, East of Bayshore Boulevard, between Icehouse Hill and the Caltrain rail lines; C-1 Commercial Mixed Use District; Interim Use Permit to allow the previously approved interim use to continue through December 2020, to allow outdoor staging of construction materials and equipment and assembly of work trains and rail track segments on an approximately 3.5-acre vacant site with an existing rail spur, to support improvements along the Caltrain rail-line corridor; Zach Mayes, applicant; Universal Paragon Corp., owner.

Senior Planner Johnson gave the staff presentation and answered Commissioner questions regarding metering of the temporary water connection and the lack of noise complaints.

Chairperson Sayasane opened the public hearing.

Zach Mayes, applicant, addressed the Commission in support of the application.

Seeing no others wishing to speak, Commissioner Mackin moved and Commissioner Gomez seconded to close the public hearing. The motion was approved 5-0.

Commissioner Mackin moved to adopt resolution UP-7-19. The motion was seconded by Commissioner Patel and approved 5-0.

2. PUBLIC HEARING: Interim Use Permit UP-4-19/Grading Review EX-3-19; 600 Tunnel Avenue, in the Baylands subarea, a vacant site south of the Golden State Lumber storage yard, between Tunnel Avenue and the Caltrain rail lines; C-1 Commercial Mixed Use District; Interim Use Permit to allow staging of up to 90 Google commuter buses to serve Peninsula Google employees on an approximately 3-acre vacant site for up to 5 years, including preparatory site grubbing and approximately 4,500 cubic yards of grading with base rock; Eric Aronsohn, applicant; Oyster Point Properties Inc. (Universal Paragon Corp.), owner.

Senior Planner Johnson gave the staff presentation and answered Commissioner questions regarding proposed on and off-site circulation, potential impacts to the capped landfill and adjacent wetland habitat, truck travel patterns of other businesses in the area, lighting, dust control, and stormwater management.

Chairperson Sayasane opened the public hearing.

Eric Aronsohn, representing owner Universal Paragon Corp, and Ross Benson, representing proposed tenant Google, addressed the Commission in support of the application.

Mary Rogers, Brisbane resident, addressed the Commission in opposition to the application.

Tamara, employee of Golden Gate Lumber, addressed the Commission regarding the timing of lumber yard operations within the vicinity of the proposed parking lot.

Seeing no others wishing to speak, Commissioner Patel moved and Commissioner Gooding seconded to close the public hearing. The motion was approved 5-0.

After deliberation, Commissioner Gooding moved to adopt resolution UP-4-19/EX-3-19, modified to reduce the term of the interim use permit to two years and to require that routing of vehicles be to the north to connect to U.S. 101. It was also advised that any application to extend the use permit beyond 2 years should include traffic circulation and trip count data. The motion was seconded by Commissioner Gomez and approved 4-1 (Mackin).

I. STUDY SESSION
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ATTACHMENT 9.C
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EXHIBIT A
ACTION TAKEN: Conditionally approved Interim Use Permit UP-4-19 and Grading Review EX-3-19 per the staff memorandum with attachments, via adoption of Resolution UP-4-19/EX-3-

19. (Note: Modifications imposed by the Planning Commission on October 24, 2019 are shown in redline/strikeout.)
FINDINGS:

1. The proposed interim use and the conditions under which it would be operated will not be detrimental to the public health, safety or welfare, or injurious to properties or improvements in the vicinity, as described in the staff memorandum;

2. The proposed interim use is categorically exempt from environmental review pursuant to Section 15304(e) of the California Environmental Quality Act (CEQA) Guidelines and will not result in any significant adverse environmental impacts;

3. The proposed interim use will not obstruct, interfere with, or delay the intended redevelopment of the property in accordance with the uses anticipated in the General Plan or any adopted specific plan applicable to the site, inasmuch as there are no permanent site improvements proposed.

4. There are no required public utilities since the use is for bus staging only. The infrastructure of Tunnel Avenue will provide for roadway access and lavatories and recycling is contained on the buses, so that the interim use will operate in a safe, sanitary, and lawful manner.

5. The use will benefit the property and/or the public in that it would be used to facilitate bus ridership for Google employees thereby reducing greenhouse gas emissions that will benefit the public throughout the region.

6. The use would encourage the employment of Brisbane residents to the extent it is reasonably possible to do so.

7. The proposed grading is minimized and designed to reflect or fit comfortably with the natural topography.

8. The proposed grading would not include retaining walls.

9. The proposed grading would not impact trees.

10. The proposed grading is not within the San Bruno Mountain Area Habitat Conservation Plan area.
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CONDITIONS OF APPROVAL:

Site Preparation
A. The applicant shall obtain a grading permit from the City Engineer prior to start of grading and shall complete grading to the satisfaction of the City Engineer.

B. Grading shall comply with stormwater NPDES requirements, including Best Management Practices, to the satisfaction of the City Engineer.

C. Prior to grading, the applicant shall coordinate with CalTrain to locate and mark the location of the CalTrain fiber line that runs near the proposed site.

D. Prior to grading, the project biologist shall clearly mark out the extents of the wetlands area in the field and temporary orange safety fencing shall be placed at least 20 feet from the wetlands perimeter, to prevent damage to these areas during grading.

E. Applicant shall notify the County and Water Board at least 72 hours prior to grading operations and shall comply with any conditions imposed by these agencies.

F. Portable security lighting shall be placed and maintained downwards onto the site and not up or outwards, such that it would present a hazard or significant glare to off-site properties.

Any modification to the lighting plan shall be subject to Planning Director approval.

G. Security fencing shall be placed to the satisfaction of the Planning Director. Entry gates shall be set back from Tunnel Avenue, such that buses will not back up onto Tunnel Avenue while gates are being opened or closed.

H. Per the Fire Department:
a. Minimum 4 inch tall address numbers shall be posted at each entrance gate. b. All flammable vegetation must be cut and removed from the interior of the lot. c. Flammable vegetation must be cut and removed a minimum of 30 feet away from the property line, around the exterior of the lot being used, to provide a fuel break from the Baylands vegetation, except that vegetation within the wetlands areas shall not be removed without approval by the project biologist.

Prior to Bus Yard Operation
I. The prospective operator shall maintain a business license through the City’s Finance Dept.

J. Prior to start of operations, Google shall coordinate with CalTrain to provide residential outreach to inform them of the Google buses to be operating in the area.

K. Per the County Environmental Health Services, the operator shall provide to the County a maintenance and monitoring program to maintain the base rock surface and to minimize surface ponding of the storm water. A copy shall also be provided to the City Planning Director.
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Operational Conditions
L. No storage is permitted, other than the Google bus parking and parking of the drivers’ vehicles used to retrieve buses.

M. The site shall be maintained free of trash and debris. Trash and recycling shall be contained on the buses for disposal at an authorized off site location.

N. The project shall comply with stormwater NPDES requirements on an ongoing basis to the satisfaction of the City Engineer.

O. Per the City Engineer, all vehicles utilizing the yard shall be in compliance with vehicle weight requirements specified in California Vehicle Code Sections 35550-35558. Storage of any vehicles over these weight requirements shall be subject to approval by the City Engineer, who may impose additional conditions.

P. Routing of vehicles shall be to the north along Beatty Avenue to connect to U.S. 101 to and from the site.

Q. The site and surrounding area shall be maintained for the duration of the use in compliance with North County Fire Authority requirements, per condition H.

R. Maintenance of vehicles is not permitted on the site.

S. The gravel site surface shall be maintained to prevent water from ponding on the site and to provide for dust control to the satisfaction of the City Engineer.

T. This site shall not be paved with an impervious surface. Any such proposal would be subject to further review and approval by the Planning Director and City Engineer and review under the Water Board C.3 provisions.

U. Per the Bayshore Sanitary District requirements:
 No onsite wastewater facilities, other than those on the buses are permitted.  No SFPUC water connection is permitted without a permit amendment.  No wastes from the buses into the District’s wastewater collection system shall be permitted.

V. Minor modifications to this use permit may be approved by the Planning Director upon written request.

W. If the City determines that the interim use would interfere or obstruct planned public improvements, within a 90-day written notice by the City the permittee shall abandon the interim use and remove improvements at its own expense.

X. This Use Permit is subject to the revocation procedures established in Brisbane Municipal Code Chapter 17.48.
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Mandatory Conditions, per BMC Section 17.41.070:

Y. Since the use is being operated by a person other than the owner of the property, the owner and the operator are furnish the city with an agreement (or a copy of a lease containing such agreement) that: (i) the operator's right to possession of the premises for the purpose of conducting the interim use is dependent upon the interim use permit having been granted and maintained in full force and effect; and (ii) the operator's right to possession of the premises for the purpose of conducting the interim use will terminate upon any expiration or revocation of the interim use permit; and (iii) it shall be the responsibility of the owner to terminate the operator's possession of the premises upon any expiration or revocation of the interim use permit if the operator continues to utilize the premises for the conduct of such interim use.

Z. The permittee shall be jointly and severally liable for all costs and expenses, including attorneys' fees, the city may incur to enforce the conditions of the interim use permit upon any breach thereof by the permittee, or to abate and remove the interim use upon any failure by the permittee to discontinue such use, or to evict the operator of such use, upon the expiration or revocation of the interim use permit.

Project Close Out:

AA. Vehicles, fencing and lighting shall be removed from the site by the close of the interim use permit period or upon other vacation of the use.

BB. This Interim Use Permit shall expire five years two years from the effective date of the interim use permit.

CC. Reapplication for use permit renewal should include actual traffic routing and trip count data.
*****
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File Attachments for Item:

N. Authorize the City Manager to Enter into an Agreement with Flock Safety Group for the installation of Automated License Plate Readers within the City of Brisbane (If approved, the agreement with Flock Safety Group will be in the amount of $39,700 for FY 2022-2023. The funding this year and moving forward will be funded from the Police Department’s budget.)
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Automated License Plate Readers Page 1 of 4

CITY COUNCIL AGENDA REPORT
Meeting Date: July 7, 2022
From: Lisa Macias, Chief of Police
Subject: Agreement with Flock Safety Group for the installation and maintenance of Automated License Plate Readers as additional investigative tools to assist the Police Department in their investigations.

Community Goal
Safe Community - Residents and visitors will experience a sense of safety Purpose
To assist the Police Department in their investigations and ensure personal safety, protection of property and continued enhancement of the quality of life for those who live, work and visit our community.

Recommendation
Authorize the City Manager to enter into agreement with Flock Safety Group for the installation and maintenance of twelve Stationary Automated License Plate Reader units (ALPR) and one mobile mountable ALPR, as additional investigative tools to assist the Police in investigations.

Background
With the advent and advancement in technology, ALPR’s are becoming common tools for numerous law enforcement agencies throughout San Mateo County. This advanced and everevolving technology can assist the Brisbane Police Department in providing a professional level of public service, ensuring personal safety, protection of property, and continued enhancement of the quality of life for those who live, work, and visit in the community. Due to the limited routes of ingress and egress within Brisbane, ALPR cameras can be effectively placed in strategic locations to monitor all vehicles entering and leaving Brisbane. It is also easy to integrate a mobile mounted portable ALPR in areas where crime trends have been identified such as the Crocker/Industrial Business Park areas as these areas are isolated and quite often targeted.

The City continues to experience an increase in property crimes along with the entire county.

This increase in criminal activity has led to community inquiries about the Police Department’s efforts to deter crime within the city. The increase in crime, coupled with the limited personnel and the Brisbane Police Department’s commitment to providing an excellent level of service to the community necessitates the use of additional technological options to detect, solve, 245
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prevent, and deter crime. The implementation of an ALPR program will aid the Brisbane Police Department in its investigative efforts in the following ways:
• Locate stolen, wanted and subject of investigation vehicles • Provide leads to assist with investigation into crimes committed within the city • Detect vehicles associated with missing persons and at-risk persons, including those on active Amber Alerts
• Detect vehicles associated with subjects with outstanding arrest warrants or otherwise lawfully sought by law enforcement
Brisbane is particularly vulnerable to crime as is its neighboring big City’s where violent crime has increased tremendously. The City also has a major thorough fare, Bayshore Blvd., where criminals may traverse, making Brisbane an opportune target. The Police Department has identified a significant pattern associated with the rise in property crimes which indicates Brisbane is being targeted by out of town criminals. Most of these criminals use vehicles to enter and exit Brisbane. These cases can often be solved using ALPR’s because they capture suspect vehicle information which often provides critical information to further investigations.

Discussion:

The proposed ALPR program consists of the deployment of 12 stationary ALPR’s throughout the City of Brisbane at key ingress and egress locations. These locations will be strategically identified with the assistance of the Flock Safety Team as to the best suited locations which provide the optimum effectiveness in capturing ALPR data from public right of ways. An ALPR is a computer-based high speed camera systems designed to capture images of vehicle license plates using optical character recognition (OCR) technology. The license plate images are compared against local, state and federal law enforcement data bases containing vehicles of interest, stolen vehicles, amber alerts, missing persons, felon vehicles, etc. Any matches against the vehicle of interest generates an alert to notify police officers. Under strict regulations and audit procedure, the data may only be accessed for lawful law enforcement investigative purposes and can provide critical evidence in the identification and location of suspects. ALPRs provide police with the data needed to assist in the identification and capture of criminals.

The Flock Safety ALPR system is being utilized by more than 1200 Police Departments in the United States. Within San Mateo County alone, Atherton, Belmont, Burlingame, Colma, Daly City, Foster City, Hillsborough, Menlo Park, Millbrae, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco are all utilizing ALPR’s in their cities. A list of those jurisdictions within San Mateo County utilizing ALPR equipment is included in this staff report as Attachment

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Flock Safety Group provides customizable ALPR systems that are designed to meet the needs of budgets of agencies of all sizes. An added benefit is that Flock cameras are solar powered, which negates the need for a close proximity power source. Flock cameras will integrate with a police department’s local list of stolen vehicle license plates, and license plates associated with ongoing investigations. One significant benefit is that City staff would not be burdened with the installation or maintenance of the Flock cameras. Flock cameras are replaced every 3 years, thereby ensuring that the cameras would stay current with this rapid changing and evolving technology. Flock builds its own hardware, writes its own software, and provides full service for the life of the contract, with everything included in the price. In addition, Flock cameras are the only wireless, infrastructure-free, license plate reading cameras on the market. Flock Safety’s required data retention period is 30 days. There is a hard deletion of the data at 30 days unless a plate is flagged for criminal prosecution; then it will be held as long as needed as evidence for prosecution of the case. Once the data is purged, it cannot be retrieved. The Flock Safety Group Quote and Terms of Conditions has been reviewed by our city attorney and is attached to this staff report as Attachment 2.

The ALPR data will not be stored or retained by the Brisbane Police Department or Flock Safety Group, beyond 30 days. The Brisbane Police Department will utilize the strictest industry standards and maintain compliance with California law with respect to how the data is accessed and stored. Access to the data will be strictly regulated and is for law enforcement personnel only. The system will only be accessed under the following guidelines:
• Persons gaining access must have completed training on the system use, system security and issues surrounding the need to know and right to know. • Upon completion of the training, personnel will be issued individual access codes so all of their uses of the system are tracked.
• There must be legitimate law enforcement purposes which must be documented in the system before accessing the system.
• Access is allowed only when there is an active investigation or criminal case number from a law enforcement agency as a way to further verify and track its use.

The ALPR system does not identify any individual or access anyone’s personal information through its analysis of license plate characters. The data captured by the ALPR unit itself is entirely anonymous. Officers can only identify the registered owner of a vehicle by querying a separate secure state government data base of vehicle license plate records, such as DMV, to obtain the owner information. The government data base is restricted, controlled and audited for its inquiry. Information obtained by ALPR cameras will be closely safeguarded and protected by both procedural and technological means. The information will be stored in a private data base which is only accessible to authorized Brisbane Police Department personnel 247
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for the reasons mentioned above. The information will only be shared with other law enforcement agencies if there is an active criminal investigation or other law enforcement need. Senate Bill 34, codified at California Civil Code sections 1798.90.51-1798.90.55, requires that all law enforcement agencies utilizing ALPRs, implement and maintain security procedures as well as usage and privacy policies to protect the data collected. The Brisbane Police Department has created a webpage explaining its commitment to privacy and strict procedures in the use of ALPRs and the Department has already drafted the required policy to be in compliance with the law. The Department’s Policy is attached to this staff report as Attachment 3.

Additionally, Senate Bill 34 requires that public agencies intending to operate an ALPR system, must allow an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency which we have complied with by presenting at tonight’s meeting. On June 29, 2022, we held a virtual community engagement meeting to allow for public comment and address any community concerns. The Department posted the video from the virtual meeting on the City’s website for public viewing. The Department also posted a notice of the intent to acquire ALPR’s in the City Manager’s Blast, monthly STAR, and on the City’s and Police Department’s Social Media websites. The Department received from residents one phone call and two emails in support of the Police Department acquiring ALPR’s; and one phone call in opposition to the Department’s acquiring ALPR’s.

Fiscal Impact
By approving the Automated License Plate Reader Program, the City Council will approve the agreement with Flock Safety Group in the amount of $39,700 for FY 2022-2023 which includes a one-time installation fee per fixed ALPR, and $35,500 annually. The funding this year and moving forward will be funded from the Police Department’s budget.

Attachments:
• Attachment 1 – Jurisdictions within San Mateo County utilizing ALPR equipment • Attachment 2 – Flock Quote and Terms of Conditions
• Attachment 3 – Brisbane Police Departments’ ALPR Policy 470 Lisa Macias
___________________________ ______________________________ Lisa Macias, Police Chief Clay Holstine, City Manager
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ALPR Staff Report
Attachment 1
San Mateo County Agencies utilizing
Automated License Plate Readers
• Atherton
• Belmont
• Burlingame
• Colma
• Daly City
• East Palo Alto
• Foster City
• Hillsborough
• Menlo Park
• Millbrae
• Redwood City
• San Bruno
• San Carlos
• San Mateo
• South San Francisco
• Woodside
Attachment 1
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Attachment 2
FLOCK GROUP INC.

SERVICES AGREEMENT

ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Agency”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the “GOVERNMENT AGENCY AGREEMENT” attached (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”).

Agency: CA - Brisbane PD
Legal Entity Name: \FCityCity of
BrisbaneSLegalEntityName{r}\
Contact Name: Mario Garcia
Address:
50 Park Place, Brisbane, CA 94005
Phone: (415) 508-2178
E-Mail: [email protected]
Expected Payment Method:
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
(if different than above)
Initial Term: 24 months
Renewal Term: 24 months
Billing Term: Annual payment due Net 30 per terms
and conditions
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Name Price QTY Subtotal
Professional Services - Falcon, Standard
Implementation
$350.00 12.00 $4,200.00
Falcon Camera $2,500.00 12.00 $30,000.00
Flock Safety Advanced Search <25 Falcons $2,500.00 1.00 $2,500.00 Falcon Flex $3,000.00 1.00 $3,000.00
(Includes one-time fees)
Year 1 Total $39,700.00
Recurring Total: $35,500.00
Special terms:
• N/A
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I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement.
\FSInitials1\
By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Agency: City of Brisbane
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
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GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the City of Brisbane (“Agency”) (each a “Party,” and together, the “Parties”).

RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, image, and recordings data of suspected vehicles (“Footage”) and can provide notifications to Agency upon the instructions of Non-Agency End User (“Notifications”);
WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.
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1.1 "Agency Data” will mean the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage.

1.2. “Agency Hardware ” shall mean the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term “Agency Hardware ” excludes the Embedded Software

1.3 “Authorized End User(s)” shall mean any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1.4 “Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.5 “Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Agency Hardware.

1.6 “Flock IP” will mean the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.

1.7 “Footage” means still images captured by the Agency Hardware in the course of and provided via the Services.

1.8 “Hardware” or “Flock Hardware” shall mean the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term “Hardware” excludes the Embedded Software.

1.9 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in Section 1.10 below.

1.10 “Installation Services” means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware.

1.11 “Non-Agency End User(s)” shall mean any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.

1.12 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software application for automatic license plate detection, searching image records, and sharing Footage. 254
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1.13 “Support Services” shall mean Monitoring Services, as defined in Section 2.9 below.

1.14 “Unit(s)” shall mean the Agency Hardware together with the Embedded Software.

1.15 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.

1.16 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Service Term (as defined in Section 6.1 below), solely for the Authorized End Users. The Footage will be available for Agency ’s designated administrator, listed on the order form, and any Authorized End Users to access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services, and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, including without limitation using a third party to host the Web Interface which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency’s sole and exclusive remedy and flock’s sole and exclusive liability with regard to such third-party services, including without limitation hosting the web interface. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.

2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right and license to use the Documentation during the Service Term to Agency ’s in connection with its use of the Services as contemplated herein, and under Section 2.4 below.

2.4 Usage Restrictions.
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a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture (“Permitted Purpose”). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, or 2.3. b. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.

Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.4(b), all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.

2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights.

2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Hardware if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency ’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other Agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock’s provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of Flock has suspended or terminated Flock’s access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to, 256
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utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section 2.6, a “Service Suspension”). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock’s registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension.

Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency ’s account that have been impacted.

2.7 Installation Services.

2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Units (each Unit location so designated by Agency, a “Designated Location”). Flock shall have final discretion on location of Units. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. The deployment plan will confirm the Designated Location. After installation, any subsequent changes to the deployment plan (“Reinstalls”) will incur a charge for Flock’s then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock Safety shall have full discretion on decision to reinstall Flock Hardware.

2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although the Units are designed to utilize solar power, certain Designated Locations may require a reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the 257
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permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. Flock is not responsible for installation of Agency Hardware.

2.7.3 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency understands and agrees that the Flock Services will not function without the Hardware.

Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware.

2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right. 258
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2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.

2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”).

Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected]. Flock will use commercially reasonable efforts to respond to requests for support.

2.10 Special Terms. From time to time, Flock may offer certain “Special Terms” related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement, upon Agency’s consent. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

2.10 Changes to Platform. Flock may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its Agency s, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Agency Obligations. Flock will assist Agency end-users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person.

Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining 259
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any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency ’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

4. CONFIDENTIALITY; AGENCY DATA

4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units (“Agency Data”). The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits Agency ’s neighborhood, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or 260
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otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order.

4.2 Agency Data.. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Agency Data as a part of the Aggregated Data (as defined in Section 4.4 below).As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency.

Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion.

4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de-identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data input into the Services (the “Aggregated Data”). Agency hereby grants Flock a nonexclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein. Flock shall not sell Agency Data or Aggregated Data. 261
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5. PAYMENT OF FEES

5.1a Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form attached hereto, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card.

5.1b Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form attached hereto, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of the Initial Fees, and Agency shall pay on or before 30th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice.

5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.

Inquiries should be directed to Flock’s Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.

5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice.

If Agency is a non-tax exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income.

6. TERM AND TERMINATION
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6.1a Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). The Term shall commence upon execution of this Agreement. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). The Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the service may self-elect to terminate this Agreement for convenience. Termination for convenience will result in a one-time fee of $500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth previously. Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock’s own convenience, within a commercially reasonable period of time upon termination.

6.3 Termination. Notwithstanding the termination provisions in Section 2.4(b), in the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.

6.5 No-Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to ‘hotlist’ alerts, which may include ‘hot tags’, stolen vehicles, Amber Alerts, etc. (“No-Fee Term”). In the event a NonAgency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User Unit, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day 263
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retention policy. Non-Agency End Users and Flock may, in their sole discretion, leave access open. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days’ notice. Agency may terminate any NoFee Term or access to future No-Fee Terms upon thirty (30) days’ notice.

6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support as described in Section 2.9 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Agency may request that Flock replace the Unit at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.

Flock is under no obligation to replace or repair Hardware.

7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the Flock Hardware, Agency Hardware or Embedded Software in any manner.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY ’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES

IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE 264
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SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA.

7.5 Insurance. During the term of this Agreement, Flock shall maintain at all times insurance coverage as set forth below. Flock shall provide to Agency certificates of insurance with endorsements as provided herein. (1) Workers' Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
(3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
(4) ADDITIONAL INSURED:

The City of Brisbane, its City Council, boards, commissions, officials, employees, and volunteers shall be included as an additional insured under all insurance coverages, except worker's compensation.

7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User. 265
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8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY

8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS

SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),

OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE

RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR

TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE

OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR

COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE

CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH

ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR

OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE OF CALIFORNIA.

8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF

ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.5 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complimentary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement.

8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own 266
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officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock’s suppliers.

8.4 Indemnity. Agency shall indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency’s use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement. Flock shall indemnify and hold harmless Agency against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from any of Flock’s alleged negligence or willful misconduct arising out of this Agreement.

9. RECORD RETENTION

9.1 Data Preservation. The Agency agrees to store Agency Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency’s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to preserve the Agency Data, Flock will notify Agency of the requirement and applicable retention period, and Agency agrees to preserve and securely store this data on Flock’s behalf so that should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand.

10. MISCELLANEOUS

10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock’s prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent.
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10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected.

10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.

10.5 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

10.6 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website.

10.7 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software 268 N.
documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

10.8 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections.

10.09 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing.

10.10 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. 269
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CUSTOMER IMPLEMENTATION GUIDE 21
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Published with permission by Brisbane Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 1 Automated License Plate Readers (ALPRs)
470.1 POLICY
The Policy of the Brisbane Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are the official use of this department. Because such data may contain confidential information, it is not open to public view. 470.2 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 470.3 DEFINITIONS
(a) Automated License Plate Reader (ALPR): A device that uses cameras and computer technology to compare digital images to lists of known information of interest.
(b) ALPR Operator: Trained Department members who may utilize ALPR system/ equipment. ALPR operators may be assigned to any position within the Department, and the ALPR Administrator may order the deployment of the ALPR systems for use in various efforts.
(c) ALPR Administrator: The Commander or the Chief's designee, serves as the ALPR Administrator for the Department.
(d) Hot List: A list of license plates associated with vehicles of interest compiled from one or more databases including, but not limited to, NCIC, CA DMV, Local BOLO's, etc. (e) Vehicles of Interest: Including, but not limited to vehicles which are reported as stolen; display stolen license plates or tags; vehicles linked to missing and/ or wanted persons and vehicles flagged by the Department of Motor Vehicle Administration or law enforcement agencies.
(f) Detection: Data obtained by an ALPR of an image (such as a license plate) within public view that was read by the device, including potential images (such as the plate and description of vehicle on which it was displayed), and information regarding the location of the ALPR system at the time of the ALPR's read. (g) Hit: Alert from the ALPR system that a scanned license plate number may be in the National Crime Information Center (NCIC) or other law enforcement database for a specific reason including, but not limited to, being related to a stolen car, wanted person, missing person, domestic violation protective order or terrorist-related activity Attachment 3
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Published with permission by Brisbane Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 2 470.4 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates along with the vehicle make, model, color and unique identifiers through the Brisbane Police Department's ALPR's system and the vendor's vehicle identification technology. The technology is used by the Brisbane Police Department to convert data associated with vehicle license plates and vehicle descriptions for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction, and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the ALPR Administrator. The ALPR Administrator will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data. 470.4.1 ALPR ADMINISTRATOR
The Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department's website.
470.5 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation; reasonable suspicion or probable cause is not required before using an ALPR.
(c) Partial license plates and unique vehicle descriptions reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. 272
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Published with permission by Brisbane Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 3 (d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. Once an alert is received, the operator should confirm that the observed license plate from the system matches the license plate of the observed vehicle. Before any law enforcement action is taken because of an ALPR alert, the alert will be verified through a CLETS inquiry via MDC or through Dispatch.

Members will not take any police action that restricts the freedom of any individual based solely on an ALPR alert unless it has been validated. Because the ALPR alert may relate to a vehicle and may not relate to the person operating the vehicle, officers are reminded that they need to have reasonable suspicion and/or probable cause to make an enforcement stop of any vehicle. (For example, if a vehicle is entered into the system because of its association with a wanted individual, Officers should attempt to visually match the driver to the description of the wanted subject prior to making the stop or should have another legal basis for making the stop.) (f) Hot Lists. Designation of hot lists to be utilized by the ALPR system shall be made by the ALPR Administrator or his/her designee. Hot lists shall be obtained or compiled from sources as may be consistent with the purposes of the ALPR system set forth in this Policy. Hot lists utilized by the Department's LPR system may be updated by agency sources more frequently than the Department may be uploading them and thus the Department's LPR system will not have access to real time data. Occasionally, there may be errors in the LPR system's read of a license plate. Therefore, an alert alone shall not be a basis for police action (other than following the vehicle of interest). Prior to initiation of a stop of a vehicle or other intervention based on an alert, Department members shall undertake the following:

1. Verification of status on a Hot List. An officer must receive confirmation, from a Brisbane Police Department Communications Dispatcher or other department computer device, that the license plate is still stolen, wanted, or otherwise of interest before proceeding (absent exigent circumstances).

2. Visual verification of license plate number. Officers shall visually verify that the license plate of interest matches identically with the image of the license plate number captured (read) by the LPR, including both the alphanumeric characters of the license plate, state of issue, and vehicle descriptors before proceeding.

Department members alerted to the fact that an observed motor vehicle's license plate is entered as a Hot Plate (hit) in a specific BOLO (be on the lookout) list are required to make a reasonable effort to confirm that a wanted person is actually in the vehicle and/or that a reasonable basis exists before a Department member would have a lawful basis to stop the vehicle.

3. Department members will clear all stops from hot list alerts by indicating the positive ALPR Hit, i.e., with an arrest or other enforcement action. If it is not obvious in the text of the call as to the correlation of the ALPR Hit and the arrest, then the Department member shall update with the Communications Dispatcher and original person and/or a crime analyst inputting the vehicle in the hot list (hit). 273
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Published with permission by Brisbane Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 4

4. Hot List from teh Stolen Vehicle System will be automatically downloaded into the ALPR system a minimum of once a day with the most current data overwriting the old data.

5. All entries and updates of specific Hot Lists within the ALPR system will be documented by the requesting Department member within the appropriate general offense report. As such, specific Hot Lists shall be approved by the ALPR Administrator (or his/her designee) before initial entry within the ALPR system. The updating of such a list within the ALPR system shall thereafter be accomplished pursuant to the approval of the Department member's immediate supervisor. The hits from these data sources should be viewed as informational; created solely to bring the officers attention to specific vehicles that have been associated with criminal activit
All Hot Plates and suspect information entered into the ALPR system will contain the following information as a minimum:
• Entering Department member's name
• Related case number
• Short synopsis describing the nature of the originating call (a) Training. No member of this Department shall operate ALPR equipment or access ALPR data without first completing Department-approved training. (b) Login/Log-Out Procedure. To ensure proper operation and facilitate oversight of the ALPR system, all users will be required to have individual credentials for access and use of the systems and/or data, which has the ability to be fully audited.

Permitted/Impermissible Uses. The ALPR system, and all data collected, is the property of the Brisbane Police Department. Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this Policy. The following uses of the ALPR system are specifically prohibited:
(a) Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s )are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment). (b) Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass and/or intimidate any individual or group.
(c) Use Based on a Protected Characteristic. It is a violation of this policy to use the ALPR system or associated scan files or hot lists solely because of a person's, or group's race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by law.
(d) Personal Use: It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for any personal purpose.
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Published with permission by Brisbane Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 5 (e) First Amendment Rights. It is a violation of this policy to use the ALPR system or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights.

Anyone who engages in an impermissible use of the ALPR system or associated scan files or hot lists may be subject to:
• Criminal prosecution,
• Civil liability, and/or
• Administrative sanctions, up to and including termination, pursuant to and consistent with the relevant collective bargaining agreements and Department policies. 470.6 DATA COLLECTION AND RETENTION
The Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data.

All ALPR data downloaded will not be stored or retained by the Brisbane Police Department or any vendor beyond 30 days, nor will it be warehoused or co-mingled with any private company data.

Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence.

ALPR vendor, (Flock Safety) will store the data (data hosting) and ensure proper maintenance and security of data stored in their data towers. (Flock Safety) will purge their data at the end of the 30 days of storage.

Restrictions on use of ALPR Data: Information gathered or collected, and records retained by (Flock Safety) License Plate Readers will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes. 470.7 ACCOUNTABILITY AND SAFEGUARDS
All data will be closely safeguarded and protected by both procedural and technological means.

The Brisbane Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). Passwords are required to be changed periodically. Employees that leave the City will have all access immediately revoked.
(b) All non-law enforcement requests for access to stored ALPR data shall be processed in accordance with applicable law.
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Published with permission by Brisbane Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 6 (c) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(d) Such ALPR data may be released to other authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes. (e) ALPR system audits should be conducted on a monthly basis. (f) Every ALPR Detection Browsing Inquiry must be documented by either the associated Brisbane Police case number or incident number, and/or a reason for the inquiry.

For security or data breaches, see the Records Release and Maintenance Policy. 470.8 ALPR DATA DETECTION BROWSING AUDIT
It is the responsibility of the Commander or the Chief's designee to ensure that an audit is conducted of ALPR detection browsing inquiries at least monthly during each calendar year. The audit shall randomly select at least 10 detection browsing inquiries conducted by department employees during each month..

The audit shall be documented in the form of an internal department audit form. The audit form shall include any data errors found so that such errors can be corrected. After review by the Chief of Police or designee, the audit and any associated documentation shall be filed and retained in a secured location.
470.9 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:

1. The name of the agency.

2. The name of the person requesting.

3. The intended purpose of obtaining the information.
(b) The request is reviewed by the Commander/Chief or the authorized designee and approved before the request is fulfilled.
(c) The approved request is retained on file.
(d) The Chief of Police or the authorized designee will consider the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq), before approving the release of ALPR data. The Brisbane Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement, these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CBP).
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Published with permission by Brisbane Police Department ***DRAFT*** Automated License Plate Readers (ALPRs) - 7 (e) The approved request is retained on file.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 470.10 TRAINING
The Training Sergeant should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
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Brisbane City CouncilJuly 7, 2022

Brisbane City Council
July 7, 2022