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CITYof BRISBANE
Thursday, September 15, 2022 at 7:30 PM ● Virtual Meeting This meeting is compliant with the Ralph M. Brown act as amended by California Assembly Bill No. 361 effective September 16, 2021 providing for a public health emergency exception to the standard teleconference rules required by the Brown Act. The purpose of this is to provide a safe environment for the public, staff and Councilmembers, while allowing for public participation. The public may address the Council using exclusively remote public comment options. The Council may take action on any item listed in the agenda.
PUBLIC MEETING VIDEOS
Members of the public may view the City Council Meeting by logging into the Zoom Webinar listed below.
City Council Meetings can also be viewed live and/or on-demand via the City’s YouTube Channel, www.youtube.com/brisbaneca, or on Comcast Channel 27. Archived videos can be replayed on the City’s website, http://brisbaneca.org/meetings .
TO ADDRESS THE COUNCIL
The City Council Meeting will be an exclusively virtual meeting. The agenda materials may be viewed online at www.brisbaneca.org at least 24 hours prior to a Special Meeting, and at least 72 hours prior to a Regular Meeting.
Remote Public Comments:
Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Aside from commenting while in the Zoom webinar the following email and text line will be also monitored during the meeting and public comments received will be noted for the record during Oral Communications 1 and 2 or during an Item.
Email: [email protected]
Text: 628-219-2922
Join Zoom Webinar: zoom.us (please use the latest version: zoom.us/download) brisbaneca.org/cc-zoom
Webinar ID: 991 9362 8666
Passcode: 123456
Call In Number: 1 (669) 900 9128
SPECIAL ASSISTANCE
If you need special assistance to participate in this meeting, please contact the City Clerk at (415) 508-2113.
Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
WRITINGS THAT ARE RECEIVED AFTER THE AGENDA HAS BEEN POSTED Any writings that are received after the agenda has been posted but before 2 p.m. of the day of the meeting will be available for public inspection at the front lobby in City Hall and on the internet (www.brisbaneca.org/meetings). Any writings that are received after the agenda has been posted but after 2 p.m. of the day of the meeting will be available on the internet at the start of the meeting (www.brisbaneca.org/meetings), at which time the materials will be distributed to the Council.
City Council Meeting Agenda
1 September 15, 2022 - 2 - 7:30 PM
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
ROLL CALL
ADOPTION OF AGENDA
AWARDS AND PRESENTATIONS
A. Present Commendations to the members of the Brisbane Pirates for winning the 2022 South San Francisco Pony Baseball Championships
B. National Preparedness Month
ORAL COMMUNICATIONS NO. 1
CONSENT CALENDAR
C. Approve Minutes of City Council Meeting of July 7, 2022 D. Approve Minutes of City Council Closed Session Meeting of July 7, 2022 E. Accept Investment Report as of June 2022
F. Accept Investment Report as of July 2022
G. Adopt a Resolution Establishing the Business License Tax on Recycling Establishments for Fiscal Year 2022/23
H. Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely Due to Health and Safety Concerns for the Public
CONTINUED PUBLIC HEARING
I. 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
(This item was continued from the July 7, 2022 and May 19, 2022 City Council Meetings. 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-UP2 September 15, 2022 - 3 - 7:30 PM
3-R); Eric Aronsohn, applicant; Oyster Point Properties Inc, applicant/owner.)
STAFF REPORTS
J. City Manager’s Report on upcoming activities
MAYOR/COUNCIL MATTERS
K. Creation of the Ordinance No. 528 Review Ad Hoc Subcommittee and Selection of Members
(Ordinance No. 528 allowed for research and development (R&D) uses at Sierra Point) L. Countywide Assignments and Subcommittee Reports
M. Written Communications
ORAL COMMUNICATIONS NO. 2
ADJOURNMENT
3 File Attachments for Item:
C. Approve Minutes of City Council Meeting of July 7, 2022 4 C.
BRISBANE CITY COUNCIL
ACTION MINUTES
CITY COUNCIL MEETING
THURSDAY, JULY 7, 2022
VIRTUAL MEETING
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Mackin called the meeting to order at 7:39 P.M. and led the Pledge of Allegiance.
ROLL CALL
Councilmembers present: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Councilmembers absent: None
Staff Present: City Manager Holstine, City Clerk Padilla, City Attorney McMorrow, Assistant City Manager Schillinger, Finance Director Yuen, City Engineer Breault, Deputy Public Works Director Kinser, Sustainability Manager Etherton, Maintenance Manager Black, Community Development Director Swiecki, Senior Planner Johnson, Parks and Recreation Director Leek, Communications Manager Cheung, Police Chief Macias, , Police Commander Garcia and Legal Counsel Roush
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that updates were provided to Council, direction was given to staff and no action was taken at Closed Session regarding Closed Session Items D and E.
ADOPTION OF AGENDA
Councilmember Davis made a motion, seconded by Councilmember O’Connell to adopt the agenda as it stands. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
5 C.
City Council Minutes
July 7, 2022
ORAL COMMUNICATIONS NO. 1
No members of the public wished to speak.
AWARDS AND PRESENTATIONS
A. Proclamation Recognizing July as Parks and Recreation Month Mayor Mackin read a proclamation recognizing July as Park and Recreation month.
Director of Parks and Recreation Leek thanked the City Council for their continued support.
CONSENT CALENDAR
B. Accept Investment Report as of April 2022
C. Adopt Resolutions to Appoint Committee Members of the Inclusion, Diversity, Equity, and Accountability Committee, and the Complete Streets Safety Committee D. Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely Due to Health and Safety Concerns for the Public E. Adopt Resolution Establishing the Business License Tax for Liquid Storage Facilities for 2022 as to Kinder Morgan/SFPP
F. Adoption of a Revised Conflict of Interest Code to Include the Assistant City Manager, the Communications Manager, and the Assistant Fire Marshal and Deleting Park and Recreation Commission
Councilmember O’Connell made a motion, seconded by Councilmember Davis to adopt the Consent Calendar Items B-F. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
G. Adoption of Ordinance to Impose a Business License Tax on Hotels and Resolution Amending the Ballot Question for the Measure/Ordinance to be Submitted to the Voters Imposing a Business License Tax on Hotels
H. Adopt an Ordinance Adding a New Chapter 3.22 to the Brisbane Municipal Code Imposing a Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration and Resolution Amending the Ballot Question for the Ordinance to be Submitted to the Voters levying a half cent Transaction and Use Tax
6 C.
City Council Minutes
July 7, 2022
Mayor Mackin requested to have the definitions and text of the accompanying Resolution and Ordinance match the ballot measure question. After no public comment, Councilmember O’Connell made a motion, seconded by Councilmember Davis to adopt the Consent Calendar Items G and H as amended. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
AWARDS AND PRESENTATIONS CONTINUED
I. Administer Oath of Office to Newly Appointed Committee Members
1. Gregory J. Strecker, Complete Streets Safety Committee for a term through January 2026
2. Christian Allan Bustos, Inclusion, Diversity, Equity and Accountability Committee for an initial term through January 2023
3. Miyoko Nida, Inclusion, Diversity, Equity and Accountability Committee for an initial term through January 2023
City Clerk Padilla administered the Oath of Office to newly appointed Committee Members Strecker, Bustos, and Nida.
PUBLIC HEARING
J. Consideration of Entering into Energy Service Contract Pursuant to the Provisions of the California Government Code Section 4217.10, Et Seq. for the City of Brisbane Community Pool Electrification Project
City Engineer Breault reported that the purpose of this item is to complete the process necessary for entering into a sole source energy service contract with Willdan Energy Solutions. It is being recommended to adopt a Resolution “Approving an Energy Service Contract with Willdan Energy Solutions.” and transfer $183,394 from the General Fund to pay the city’s share of project funds.
After Council questions and statements from the Mayor and the Clerk to open the public hearing, Michele Salmon commented that she strongly supports this item.
Councilmember O’Connell made a motion, seconded by Councilmember Davis to close the public hearing. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
7 C.
City Council Minutes
July 7, 2022
Councilmember Lentz made a motion, seconded by Councilmember Davis to adopt a Resolution “Approving an Energy Service Contract with Willdan Energy Solutions.” and transfer $183,394 from the General Fund to pay the city’s share of project funds. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
K. Sierra Point Landscaping and Lighting District
1. Hear Statement of Engineer of Record, Read Mayor’s Statement, Hear City Clerk Statement, Open Public Hearing to hear any testimony, Close Public Hearing
2. Consider adoption of Resolution overruling protests and ordering the improvements and confirming the diagram and assessments for Fiscal Year 22/23 After hearing the statements from Deputy Public Works Director Kinser, Mayor Mackin and Clerk Padilla, and some council questions, Mayor Mackin opened the public hearing.
No members of the public wished to make public comment.
Councilmember Cunningham made a motion, seconded by Councilmember O’Connell to close the public hearing. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
Councilmember Cunningham made a motion, seconded by Councilmember O’Connell to adopt a Resolution overruling protests and ordering the improvements and confirming the diagram and assessments for Fiscal Year 22/23. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
L. City of Brisbane Local Stormwater Program Fees
8 C.
City Council Minutes
July 7, 2022
1. Open the Public Hearing and take public comment. Close the Public Hearing, and if appropriate, overrule any objections to the imposition of fees related to the National Pollutant Discharge Elimination System (NPDES)
2. Consider adoption Resolution, “A Resolution of the City Council of the City of Brisbane Imposing Charges for Funding the Local Brisbane Stormwater Program, Authorizing Placement of Said Charges on the 2022-2023 County Tax Roll, and Authorizing the County Tax Collector to Collect Such Charges.” City Engineer Breault introduced Maintenance Manager Black who reported on the City of Brisbane’s Local Storm Water Program Fees. After no Council questions, Mayor Mackin opened the public hearing.
Michele Salmon- asked what were the indirect cost noted in the staff report? After clarifying questions, Michele Salmon stated that mega mansions should be responsible for higher share.
Councilmember Davis made a motion, seconded by Councilmember O’Connell to close the public hearing. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to adopt a Resolution imposing charges for funding the Local Brisbane Stormwater Program, authorizing placement of said charges on the 2022-2023 County Tax Roll, and authorizing the County Tax Collector to collect such charges. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
CONTINUED PUBLIC HEARING
M. 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
(This public hearing item was continued from the City Council Meeting of May 19, 2022. 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.) 9 C.
City Council Minutes
July 7, 2022
Councilmember Cunningham recused herself from the item and left the room.
Senior Planner Ken Johnson, reported that in response to the concerns raised at the previous City Council meeting, BDI has proposed the following measures and Tunnel Ave improvements (see further detail in Attachment 1):
1. Removal or relocation of the concrete barricades that are currently located along Tunnel Ave.
2. Improvement of the existing roadway shoulder on the east side of Tunnel Ave to include an 8 ft wide approximately 4,500 ft long compacted, decomposed granite (“DG”) path, to improve the existing bicycle/pedestrian access.
3. Provide crossings at the Tunnel Ave and Lagoon Way intersection.
4. Installation of plastic delineators along the east side of Tunnel Avenue. These would provide separation between the roadway and the new DG bike path.
5. Add 4 new “no dumping” signs along Tunnel Ave.
6. BDI will routinely patrol the area and commit to removing any trash dumped within 24- hours when identified by BDI, City or members of the public.
7. For dust mitigation, the yard surface would be treated with a calcium-based binder, which would binder the surface gravel while allowing the surface to remain pervious to rainwater.
8. BDI has proposed to implement fines on Google for drivers violating the prohibition on using Tunnel Ave south of the site.
After Council questions, Mayor Mackin opened the public hearing and heard from the Applicant Aronsohn. After more Council questions, Michele Salmon commented that she would be concerned about plastic bollards and about the Golden State Lumber’s permit use expiring.
Councilmember O’Connell made a motion, seconded by Councilmember 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
Recusal: Councilmember Cunningham
After more Council discussion, Councilmember O’Connell made a motion, seconded by Councilmember Lentz to approve an interim use permit extension until the continued public hearing on September 15th. Council directed applicant to provide a formalized permit process, e.g., operational hours, route deviation and consequences, fines (should fines received go to the City or to BDI), timeline of road maintenance, reporting mechanisms and permit revocation and grounds.
The motion was carried unanimously by all present.
Ayes: Councilmembers Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
Recusal: Councilmember Cunningham
10 C.
City Council Minutes
July 7, 2022
NEW BUSINESS
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.) Police Chief Macias reported that they are recommending to 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. 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
Police Commander Garcia shared a presentation on how the ALPR program will be coordinated. After some Council questions, Councilmember O’Connell made a motion, seconded by Councilmember Lentz to extend the meeting till 11:00 P.M. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
After some council questions of staff and Hector Soliman Valdez from Flock Safety Group, Clerk Padilla noted for the record that public comment was received by the council prior to the meeting from Luke Kowalski (7/5/22) License Plate Reader In support and Carol Zoltowski (7/7/22) license plate reader (ALP):
Brisbane.
After some Council discussion, Councilmember Cunningham made a motion, seconded by Councilmember Lentz to 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. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
11 C.
City Council Minutes
July 7, 2022
Abstain: None
STAFF REPORTS
O. City Manager’s Report on Upcoming Activities
Due to the late hour no report was given.
MAYOR/COUNCIL MATTERS
P. Countywide Assignments and Subcommittee Reports
Due to the late hour, no report was given.
Q. Written Communications
The Council received the following written communication from June 17-July 7, 2022:
• David Schooley (6/27/22)--Quarry
• San Mateo County Child Care Partnership Council and Build Up San Mateo County (7/5/22): Policy recommendations for Housing Element Updates
• Luke Kowalski (7/5/22) License Plate Reader In support • Carol Zoltowski (7/7/22) license plate reader (ALP): Brisbane ORAL COMMUNICATIONS NO. 2
No member of the public wished to speak.
ADJOURNMENT
Mayor Mackin adjourned the meeting at 10:57 P.M.
______________________
Ingrid Padilla, City Clerk
12 C.
File Attachments for Item:
D. Approve Minutes of City Council Closed Session Meeting of July 7, 2022 13 D.
BRISBANE CITY COUNCIL
ACTION MINUTES
BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, JULY 7, 2022
VIRTUAL MEETING
1. 6:30 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
Government Code, Section 54956.9 (d) (1).
Number of Cases: One
BRE SH Brisbane Owner, LLC v. City of Brisbane, San Mateo County Superior Court, Case No. 22-CIV01112 E. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Designated representative: Clay Holstine, City Manager
Employee organization: All Bargaining Units
Mayor Mackin called the meeting to order at 6:32 P.M.
No members of the public wished to make public comment.
Mayor Mackin adjourned the meeting into closed session.
REPORT OUT CLOSED SESSION
City Attorney McMorrow reported that updates were provided to Council, direction was given to staff and no action was taken at Closed Session regarding Closed Session Items D and E.
ADJOURNMENT
The meeting was adjourned at 7:25 P.M.
__________________________
Ingrid Padilla, City Clerk 14
D.
File Attachments for Item:
E. Accept Investment Report as of June 2022
15 E.
FACE CARRY MARKET COUPON
INVESTMENT DATE OF VALUE OF VALUE OF VALUE OF INTEREST MATURITY RATING/ NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT RATE % DATE COLLATERAL WELLS FARGO Checking A/C $ 5,906,411 $ 5,906,411 $ 5,906,411 0.000 STATE FUND (LAIF) Deposit on call continuous $ 18,895,436 $ 18,895,436 $ 18,895,436 0.690 on call no rating Other Investments
Comenity Capital Bank 4/28/2019 $ 248,000 $ 248,000 $ 246,688 2.650 04/28/2023 Morgan Stanley 5/2/2019 $ 245,000 $ 245,000 $ 243,459 2.650 05/02/2023 FFCB 3/8/2022 $ 1,000,000 $ 1,000,000 $ 979,360 1.670 03/08/2024 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 990,350 2.400 04/22/2024 Goldman Sachs 5/1/2019 $ 246,000 $ 246,000 $ 243,538 2.750 05/01/2024 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 961,130 1.000 09/30/2024 FHLB 3/24/2022 $ 1,000,000 $ 1,000,000 $ 977,000 2.000 03/24/2025 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 989,070 2.750 04/22/2025 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 950,010 1.300 09/30/2025 FHLB 3/25/2022 $ 1,000,000 $ 1,000,000 $ 967,000 2.600 03/25/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 996,710 3.150 05/26/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 994,330 3.750 05/26/2027 BNY Mellon Treasury Obligations continuous $ 261,359 $ 261,359 $ 261,359 1.360 on call 110% collateral Sub-total $ 10,000,359 $ 10,000,359 $ 9,800,004
U.S. Bank 2014 BGPGA Bond (330) Improvements Fed Treas Obl $ - 10031 Reserve Fund Fed Treas Obl $ 1 10032
Revenue Fund Fed Treas Obl $ - 10034
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ 1 10036
Interest Fund Fed Treas Obl $ 0 10037
U.S. Bank 2015 Utility Capital (545) Improvements Fed Treas Obl $ 0 10031 Reserve Fed Treas Obl $ 1 10032
Expense Fund Fed Treas Obl $ 0 10035
PARS OPEB Trust Trust Cash Investments $ 3,498,278 13050 PARS Retirement Trust Trust Cash Investments $ 1,224,830 13050 Sub-total Cash with Fiscal Agents $ 4,723,111
Total other investments $ 10,000,359 $ 14,723,470 $ 9,800,004 TOTAL INVESTMENTS & CASH BALANCES $ 34,802,205 $ 39,525,316 $ 34,601,851 Outstanding Loans to Department Heads
Date of loan Amount Amount Remaining Interest Rate
Stuart Schillinger 4/1/2002 318,750 $ 318,750 Based on Sales Price Clay Holstine (1) 7/8/2008 300,000 $ - Paid off 12/28/2016 Clay Holstine (2) 9/10/2008 200,000 $ 200,000 Secured by other funds Randy Breault 10/22/2001 320,000 $ 1,076 1.20%
FFCB - Federal Farm Credit Bank
FHLB - Federal Home Loan Bank
FHLM - Federal Home Loan Mortage Corporation
FNMA -Federal National Mortgage Association
Two year Treasury 2.92%
Weighted Interest 1.03%
Weighted maturity 0.95 Years
TREASURER'S CERTIFICATE
These are all the securities in which the city funds, including all trust funds and oversight agencies funds, are invested and that (excluding approved deferred compensation plans) all these investments are in securities as permitted by adopted city policy.
It is also certified that enough liquid resources (including maturities and anticipated revenues) are available to meet the next six months' cash flow.
Carolina Yuen
CITY TREASURER
CITY OF BRISBANE
CASH BALANCES & INVESTMENTS
SOURCE OF FUNDING
June 30, 2022
16 E.
File Attachments for Item:
F. Accept Investment Report as of July 2022
17 F.
FACE CARRY MARKET COUPON
INVESTMENT DATE OF VALUE OF VALUE OF VALUE OF INTEREST MATURITY RATING/ NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT RATE % DATE COLLATERAL WELLS FARGO Checking A/C $ 5,536,969 $ 5,536,969 $ 5,536,969 0.000 STATE FUND (LAIF) Deposit on call continuous $ 16,930,813 $ 16,930,813 $ 16,930,813 1.090 on call no rating Other Investments
Comenity Capital Bank 4/28/2019 $ 248,000 $ 248,000 $ 246,499 2.650 04/28/2023 Morgan Stanley 5/2/2019 $ 245,000 $ 245,000 $ 243,360 2.650 05/02/2023 FFCB 3/8/2022 $ 1,000,000 $ 1,000,000 $ 979,980 1.670 03/08/2024 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 990,300 2.400 04/22/2024 Goldman Sachs 5/1/2019 $ 246,000 $ 246,000 $ 243,706 2.750 05/01/2024 FHLB 7/26/2022 $ 1,000,000 $ 1,000,000 $ 1,003,210 3.350 07/26/2024 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 963,640 1.000 09/30/2024 FHLB 3/24/2022 $ 1,000,000 $ 1,000,000 $ 968,840 2.000 03/24/2025 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 990,390 2.750 04/22/2025 FHLB 7/28/2022 $ 1,000,000 $ 1,000,000 $ 1,002,430 4.050 07/28/2025 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 955,700 1.300 09/30/2025 FHLB 3/25/2022 $ 1,000,000 $ 1,000,000 $ 976,540 2.600 03/25/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 998,210 3.150 05/26/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 997,340 3.750 05/26/2027 BNY Mellon Treasury Obligations continuous $ 261,547 $ 261,547 $ 261,547 2.160 on call 110% collateral Sub-total $ 12,000,547 $ 12,000,547 $ 11,821,692
U.S. Bank 2014 BGPGA Bond (330) Improvements Fed Treas Obl $ - 10031 Reserve Fund Fed Treas Obl $ 1 10032
Revenue Fund Fed Treas Obl $ - 10034
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ 1 10036
Interest Fund Fed Treas Obl $ 0 10037
U.S. Bank 2015 Utility Capital (545) Improvements Fed Treas Obl $ 0 10031 Reserve Fed Treas Obl $ 1 10032
Expense Fund Fed Treas Obl $ 0 10035
PARS OPEB Trust Trust Cash Investments $ 3,661,289 13050 PARS Retirement Trust Trust Cash Investments $ 1,281,904 13050 Sub-total Cash with Fiscal Agents $ 4,943,195
Total other investments $ 12,000,547 $ 16,943,743 $ 11,821,692 TOTAL INVESTMENTS & CASH BALANCES $ 34,468,329 $ 39,411,524 $ 34,289,474 Outstanding Loans to Department Heads
Date of loan Amount Amount Remaining Interest Rate
Stuart Schillinger 4/1/2002 318,750 $ 318,750 Based on Sales Price Clay Holstine (1) 7/8/2008 300,000 $ - Paid off Dec 2016 Clay Holstine (2) 9/10/2008 200,000 $ 200,000 Secured by other funds Randy Breault 10/22/2001 320,000 $ - Paid off July 2022 FFCB - Federal Farm Credit Bank
FHLB - Federal Home Loan Bank
FHLM - Federal Home Loan Mortage Corporation
FNMA -Federal National Mortgage Association
Two year Treasury 2.89%
Weighted Interest 1.42%
Weighted maturity 1.10 Years
TREASURER'S CERTIFICATE
These are all the securities in which the city funds, including all trust funds and oversight agencies funds, are invested and that (excluding approved deferred compensation plans) all these investments are in securities as permitted by adopted city policy.
It is also certified that enough liquid resources (including maturities and anticipated revenues) are available to meet the next six months' cash flow.
Carolina Yuen
CITY TREASURER
CITY OF BRISBANE
CASH BALANCES & INVESTMENTS
SOURCE OF FUNDING
July 31, 2022
18 F.
File Attachments for Item:
G. Adopt a Resolution Establishing the Business License Tax on Recycling Establishments for Fiscal Year 2022/23
19 G.
Resolution Establishing the Business License Tax on Recycling Establishments for Fiscal Year 2022/23 Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: September 15, 2022
From: Carolina Yuen
Subject: Resolution Establishing the Business License Tax on Recycling Establishments for Fiscal Year 2022/23
Community Goal/Result
Fiscally Prudent – Brisbane’s fiscal vitality will reflect sound decisions which also speak to the values of the community
Purpose
To provide for the long-term fiscal stability of the City of Brisbane Recommendation
Adopt Resolution to establish the Business License Tax on Recycling Establishments for Fiscal Year 2022/23.
Background
In 2011, the voters of the City passed an ordinance which imposed a business license tax on companies which carry out recycling operations with the City limits. For recycling establishments that recycled 100,000 tons or more, a tax was allowed by that ordinance with a maximum amount set at $3,000,000 per year. In 2017, voters increased the maximum amount of the tax allowed by the ordinance to $4,000,000, phased in over a period of time, with inflationary increases after the business license tax reached $4,000,000. The amounts of tax were as follows:
Fiscal Year Amount of Tax
2016/17 $2,100,000
2017/18 $2,778,000
2018/19 $2,979,000
2019/20 $3,206,000
2020/21 $3,700,000
2021/22 $4,000,000
This phased in approach was discussed with San Francisco Recology and agreed to in principle.
Discussion
The City Council is to set the rate by resolution each year. Since the rate for FY2021/22 was $4 million, starting in FY2022/23 and thereafter, the City Council will need to set the rate annually 20 G.
Resolution Establishing the Business License Tax on Recycling Establishments for Fiscal Year 2022/23 Page 2 of 2
as directed by the voter-approved ordinance to increase the $4 million dollar rate by an inflation factor each year.
Per the ordinance, the business license tax payable shall be the greater of (1) the tax charged the previous year plus three percent (3%) of such tax , or (2) four million dollars plus an amount determined by a fraction, represented by the numerator of which shall be the Consumer Price Index published by the US Department of Labor Statistics, for Urban Wage Earners and Clerical Workers, All Items, for the San Francisco-Oakland-Hayward Statistical Area (CPI) published nearest to the adjustment date, and the denominator of which shall be the CPI published nearest to the date the business license tax was set at four million dollars per year.
Option 1 would be $4,120,000.
Option 2 would be:
numerator = CPI from 6/22 (nearest to adj date of 7/1/22) =
330.539
=
denominator = CPI from 6/21 (nearest to adj date when set at $4M) 309.497 1.068 $4,000,000 + ($4,000,000 x .068) = $4,272,000
The greater is $4,272,000.
Fiscal Impact
The City would collect the amount of $4,272,000 as allowed per the ordinance and set by resolution for FY2022/23.
Measure of Success
The City is able to continue to provide all of the services, which the City has budgeted for.
Attachments
1. Resolution No. 2022-___
___________________________________ ___________________________________ Carolina Yuen, Finance Director Clay Holstine, City Manager 21 G.
-1-
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRISBANE ESTABLISHING THE BUSINESS LICENSE TAX
FOR RECYCLING ESTABLISHMENTS FOR FISCAL YEAR
2022/23
WHEREAS, Section 5.20.100 of the Brisbane Municipal Code imposes a business license fee on “recycling establishments,” which are defined as establishments engaged in the business of collecting, sorting, cleansing, treating, processing, or reconstituting waste or other discarded materials for the purpose of reuse in altered form; and WHEREAS, the business license tax for recycling establishments in the City that recycle 100,000 tons or more of material during any single calendar year, as set forth in Section 5.20.100, beginning January 1, 2018 and each subsequent year may be increased to any amount within the authorized ceiling of four million dollars per year plus an inflation factor, in such a manner as established by resolution of the City Council; and WHEREAS, the City Council has been presented with the calculation of the inflation factor, and has examined and approved same to be set as the business license tax for recycling establishments;
NOW, THEREFORE, BE IT RESOLOVED, by the City Council of the City of Brisbane as follows:
1. The annual business tax for recycling establishments recycling more than 100,000 tons of material in the City during any single calendar year is established at Four Million Two Hundred Seventy-Two Thousand Dollars ($4,272,000) for fiscal year 2022/23.
Such amount shall be payable as follows:
(a) A payment of $2,136,000 shall be made on or by December 31, 2022. (b) A payment of $2,136,000 shall be made on or by June 30, 2023.
2. This Resolution shall become effective immediately upon its adoption. ________________________________
COLEEN MACKIN,
Mayor
22 G.
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I hereby certify that the foregoing Resolution No. 2022-___ was duly and regularly adopted at a regular meeting of the Brisbane City Council on September 15, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
INGRID PADILLA,
City Clerk
23 G.
File Attachments for Item:
H. Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely Due to Health and Safety Concerns for the Public 24 H.
Remote Public Meetings Page 1 of 3
CITY COUNCIL AGENDA REPORT
Meeting Date: September 15, 2022
From: Clay Holstine, City Manager
Subject: Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely Due to Health and Safety Concerns for the Public
COMMUNITY GOAL RESULTS
Safe Community
Ensuring Public Meetings Remain Open to the Public
RECOMMENDATION
Staff recommends that the City Council adopt a resolution declaring the need to continue conducting the meetings of the City Council, Commissions, and Committees remotely due to health and safety concerns.
BACKGROUND
In 2020 and 2021, the Governor signed various Executive Orders that allowed meetings of public agencies to be conducted remotely due to the COVID-19 pandemic and the need to protect the public and governmental officials. In additional, County Health Officers issued Health Orders requiring masks indoors in public places, regardless of vaccination status and that social distancing be observed. As a result, the City has been conducting its public meetings via zoom, thereby ensuring the right of the public to participate in public meetings but keeping the public, City Council, Committees, and Commissions, and City staff safe. There have been no cancelled meetings due to technical or related difficulties arising out of conducting meetings remotely. 25 H.
Remote Public Meetings Page 2 of 3
Notwithstanding the availability of a vaccine and boosters, and the reduction of COVID related cases in the Bay Area and the State, COVID-19 variants (Delta and Omicron) have continued to spread and infect individuals. To address the need to continue to allow public agencies to conduct meetings remotely, in September 2021, AB 361 was enacted. AB 361 amends the Brown Act to permit local legislative bodies to continue to meet remotely until January 1, 2024 provided:
• The local legislative body is meeting during a declared state of emergency • State or local health officials have imposed or recommended measures to promote social distancing
• The local legislative body has determined that there is a need to hold public meetings remotely due to imminent risks to the health or safety of attendees
Monthly since September 2021, the City Council has determined that the requirements of AB 361 have been met, namely, the declared state of emergency proclaimed by the state (as well as one by the City) remains in place; state and local health officials continue to recommend that residents observe social distancing and take other protective measures, including that masks to be worn on public transportation and in certain government buildings, and recommending masks be work in confined spaces open to the public; and that there is a need to hold public meetings remotely due to imminent risks to the health and safety of attendees. The Council therefore has adopted Resolutions directing that the City continue to conduct public meetings normally scheduled for City Hall via Zoom to protect the health and safety of the public.
The Brown Act as amended by AB 361 requires that every 30 days the City Council review its decision not to hold in-person public meetings at City Hall and to specifically determine whether holding remote and/or hybrid public meetings continues to meet the requirements of the Brown Act as amended.
City Council last made the necessary findings on September 1, 2022 to extend meeting remotely through September, but after its regular meeting on September 15, it will not have a regularly scheduled meeting again until October 6. Hence, there is a need to place this item on the Council’s September 15 meeting agenda so that Council may consider whether to have it and the Commissions and Committees continue to meet remotely past the end of September.
26 H.
Remote Public Meetings Page 3 of 3
DISCUSSION
The state of emergency issued by the Governor remains in place. San Mateo County’s Health Officials have provided guidance to prevent the spread of COVID and keep people safe and have incorporated the Center for Disease Control’s recommendations in that regard, e.g., social distancing is recommended for indoor public meetings where unvaccinated individuals may be present, especially for those who are at a higher risk of getting very sick from COVID. In addition, persons with health conditions may want to attend City Council meetings but would put themselves at risk of becoming ill if they had to attend in person. Therefore, the requirements to allow public meetings to be conducted remotely continue: there is a declared state of emergency; health officials have imposed measures to prevent the spread of the virus and to promote social distancing; and there continues to be a need to hold public meetings remotely due to imminent risks to the health and safety if Council meetings were not conducted remotely.
ACTION
Staff recommends that the City Council adopt the attached Resolution making the findings required under AB 361, to require the public meetings of the City Council, Commissions and Committees normally scheduled for City Hall through October 14, 2022 be held remotely or in a hybrid fashion to protect the health and safety of the public.
FISCAL IMPACT
There is no fiscal impact.
Attachment: 1. Resolution 2022-XX
Clay Holstine, City Manager
27 H.
RESOLUTION NO. 2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
DECLARING THE NEED FOR THE CITY COUNCIL, COMMISSIONS
AND COMMITTEES TO CONTINUE TO MEET REMOTELY IN ORDER
TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and
WHEREAS, on March 19, 2020, the City Council ratified and confirmed the Director of Emergency Service’s proclamation of a local emergency which allowed staff to expeditiously respond to the emergency circumstances caused by the pandemic; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.
Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up Zoom meetings for all City Council, Committee and Commission meetings; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS, since issuing Executive Order N-08-21, the Delta and Omicron variant has emerged,causing a spike in COVID-19 cases throughout the state; and WHEREAS, in 2021, in response to the Delta and Omicron variant, the San Mateo County Health Department ordered all individuals to wear masks when inside public spaces and maintain social distancing; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 into law, amending the Brown Act to permit local legislative bodies, including the City Council, to meet remotely provided it is meeting during a declared state of emergency, state or local officials have imposed or recommended measures to promote social distancing, and the Council believes there is a need to meet remotely to protect against imminent risks to the health and safety of potential public attendees; and WHEREAS, cases involving COVID 19, including the Delta and Omicron variant continue to exist, the City Council is concerned about and desire to protect the health and safety of individuals who might otherwise attend Council, Committee and Commission meetings;
WHEREAS, the City Council of the City of Brisbane has adopted Resolutions in 2021 28 H.
and 2022 declaring the need for the City Council, Committees, and Commissions to continue to meet remotely in order to ensure the health and safety of the public; and WHEREAS, the City Council does hereby find that the above described conditions of serious threat to the public health, safety, and welfare continue at this time; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRISBANE RESOLVES AS FOLLOWS:
1. In compliance with AB 361, the City Council has reviewed and makes the followingfindings:
a. The State, San Mateo County and the City have each proclaimed a state of emergency due to the Coronavirus pandemic;
b. San Mateo County has issued a public health order requiring that individuals in many public spaces wear masks and socially distance and recommending that individuals in enclosed public spaces wear masks, but the City cannot maintain social distancing for the public, staff, councilmembers, commissioners, and committee members in its meeting spaces; and c. The City Council has considered these circumstances and concludes that the City Council, City Commissions and City Committees must meet remotely due to imminent risks to the health and safety of attendees if the Council, Commissions or Committees were to meet in City facilities.
2. Based on the foregoing, the City Council declares that to protect the safety and health of the public, City Council, Commissions and Committees, meetings will continue to be conducted remotely for the next 30 days in compliance with AB 361.
3. The City Council will revisit the need to conduct public meetings remotely within 30 days after September 15, 2022.
Coleen Mackin, Mayor
29 H.
PASSED, APPROVED AND ADOPTED by the Brisbane City Council at a regular meeting on September 15, 2022.
I hereby certify that the foregoing resolution was adopted by the City Council at a special meeting held on September 15, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ingrid Padilla, City Clerk
Approved as to form:
Thomas McMorrow, City Attorney
30 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 3
1 ENROLLED SEPTEMBER 15, 2021
PASSED IN SENATE SEPTEMBER 10, 2021
PASSED IN ASSEMBLY SEPTEMBER 10, 2021
AMENDED IN SENATE SEPTEMBER 03, 2021
AMENDED IN SENATE AUGUST 30, 2021
AMENDED IN SENATE JULY 06, 2021
AMENDED IN ASSEMBLY MAY 10, 2021
AMENDED IN ASSEMBLY APRIL 06, 2021
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
ASSEMBLY BILL
NO. 361
Introduced by Assembly Member Robert Rivas
February 01, 2021
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. 31 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 3
2 LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.
Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risksto the health orsafety of attendees, as provided.
32 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 3
3 This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to accessthe meeting and addressthe legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.
This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measuresto promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.
The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public 33 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 3
4 seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location.
Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and addressthe meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizationsin connection with the operations of California State University campuses.
The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to addressthe legislative body.
With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature’sintent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public accessto state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
34 H.
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5 (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.
DIGEST KEY
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Section 89305.6 is added to the Education Code, to read:
89305.6.
(a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. 35 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 3
6 (C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time.
Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
36 H.
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7 (f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 2.
Section 11133 is added to the Government Code, to read:
11133.
(a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. (b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal 37 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 3
8 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time.
Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f) Allstate bodies utilizing the teleconferencing proceduresin thissection are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 3.
Section 54953 of the Government Code is amended to read:
54953.
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. 38 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 3
9 (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public.
During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to addressthe legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority membersfrom regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
39 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 1
10 (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency.
(D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the 40 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 1
11 meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to addressthe legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period forthe agenda item, orthe opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). 41 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 1
12 (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.1.
Section 54953 of the Government Code is amended to read:
54953.
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public.
During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to addressthe legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 42 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 1
13 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority membersfrom regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
43 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 1
14 (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency.
(D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to addressthe legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period forthe agenda item, orthe opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the 44 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 1
15 opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4.
Section 54953 is added to the Government Code, to read:
54953.
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public.
During the teleconference, at least a quorum of the members of the legislative body shall 45 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 1
16 participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to addressthe legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority membersfrom regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. 46 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 1
17 SEC. 4.1.
Section 54953 is added to the Government Code, to read:
54953.
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public.
During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to addressthe legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 47 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 1
18 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority membersfrom regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.
SEC. 5.
Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this billshall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.
SEC. 6.
It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.
SEC. 7.
The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of 48 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 1
19 subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.
SEC. 8.
(a) The Legislature finds and declaresthat during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members ofstate bodies and reduced work hours spent traveling to and from meetings.
(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location.
(2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protectsthe personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.
49 H.
REMOTE PUBLIC MEETINGS_ATTACHMENT 1
20 SEC. 9.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.
50 H.
File Attachments for Item:
I. 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
(This item was continued from the July 7, 2022 and May 19, 2022 City Council Meetings.
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.) 51 I.
600 Tunnel Avenue; Google Bus Appeals
CITY COUNCIL AGENDA REPORT
Meeting Date: September 15, 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.
SUPPLEMENTAL REPORT
Community Goal/Result
Safe Community - Residents and visitors will experience a sense of safety.
Purpose
To consider an appeal by BDI, on behalf of 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. This matter has been continued from City Council meetings of May 19 and July 7, 2022.
Recommendation
That the City Council make a decision on the appeal. A revised draft resolution is provided for Council’s consideration to grant the applicant’s appeal with modified conditions of approval (Attachment 2). If Council chooses to deny the applicant’s appeal, a separate resolution supporting that action is included with the July 7th agenda report (Attachment 4).
Background
On May 19 and July 7, 2022, City Council held public hearings on the appeal of the Planning Commission’s decision to revoke the above referenced permit and deny the applicant’s requested modification.
At the July 7th meeting, BDI offered to incorporate several measures into the project. These include removal of the concrete barricades that are located along the east side of Tunnel Ave and installation of an approximately 4,500 ft long decomposed granite (“DG”) path to improve the existing bicycle/pedestrian access, with crossings at the Tunnel Ave and Lagoon Way intersection and at the north end near the bus yard. Plastic delineators were proposed to be installed along the east side of Tunnel Avenue to provide separation between the roadway and 1 52
I.
600 Tunnel Avenue; Google Bus Appeals
the new DG bike path. “No Dumping” signs would be added along Tunnel Ave and BDI would remove any trash dumped from along the roadside within a defined time period. They further proposed to treat the bus yard surface with a permeable binder to prevent dust. BDI also indicated that they would fine Google for bus routing violations and offered that the fines could be provided to the City.
After discussion, Council continued the matter to September 15th for staff to work with BDI and Google to finalize recommended conditions of approval to address concerns raised at the Planning Commission and City Council hearings. Key items include a limitation on the number of buses, tracking and reporting of bus directional and time of day movements, mechanisms for tracking and monitoring bus movements, fines, permit revocation thresholds for bus movements, and site and cycle track (bike path) maintenance clarifications. Further background details may be referenced from the May 19th and July 7th minutes and agenda reports (Attachments 4, 5, 6 and 7).
Since the July 7th Council hearing, staff has met with the BDI and Google regarding the proposed conditions of approval and Google has provided monthly reports on bus movements through August (see Attachment 1). Aside from additional monthly reports, no other written correspondence has been received from BDI for Council. Conclusions from staff’s meetings with BDI and Google are reflected in the discussion provided below.
Discussion
Limitations on Use
Based on Council’s discussion, staff has added a new Condition of Approval No. 1, which limits the bus yard parking to no more than 90 Google buses and 270 bus trips per day. Although in the original project approval, there was not a specific condition of approval setting enforceable limits, it characterized the proposed use as 90 buses with 180 bus trips per day (or 1 round trip per bus each day). In recent hearings, Google has indicated that some buses are making 2 trips per day, while the majority of buses stay at Google’s offices during the day. The monthly trip reports bear this out. The most recent monthly average, for August 2022, was 204 trips per day for the 23 weekdays in that month. The highest reported trip count to-date was 238 trips on April 29th, 2022.
Establishing a limit within the conditions of approval at 270 would allow their current operations to continue, but would place a cap on the total trips. That cap would allow for no more than an average 3 bus trips per day for the 90 buses; that is, 1 round trip for half of the fleet and 2 round trips for the other half in a given day.
Tracking & Reporting
A primary focus of Council’s discussion during the July 7th meeting was on the tracking and reporting of bus movements and transparency thereof. It was suggested that a transponder be installed to electronically track and automatically upload bus movement data to a website, so anyone could observe the data in real-time. While during the meeting, Google’s representative 2 53
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600 Tunnel Avenue; Google Bus Appeals
affirmed that could be done, Google has subsequently expressed concerns over the security risks that may be posed by having real-time data available to the public on specific bus movements and locations.
In light of Google’s concerns about security, instead of a transponder, Google has indicated that they would establish a website to provide bus movement data available to the public updated on a weekly basis. It has been suggested that the data would be in a similar format to the monthly reports that are now being provided. As envisioned, a hyperlink on the City’s website would be provided which would take the viewer to a website hosted by Google including the bus movement data (See Condition No. 6).
Since November 2021, Google has been geo-tracking the individual bus movements and, as noted above, self-reporting the data to the City. Summary reports are now available for the ten month period from November 2021 through August 2022, along with a summary table prepared by staff (Attachment 1). In summary, for the last five months, the bus trips to and from the site totaled an average of 4,233 trips per month, with an average of 2.6 trips per month on the southern portion of Tunnel Ave and a monthly average of another 58.4 trips occurring outside the operational hours of 4 am to 10 pm. Approximately 50 of those 58 trips were weekday between 10 pm and midnight, with an average of 8.6 trips occurring on weekends. An average of an additional 160 trips per month occurred between 9 and 10 pm. Note that while 10 pm requested by Google in the interim use permit modification application last Spring, 9 pm was the ending time characterized in the original project description from November 2021, which was the basis of the original the Planning Commission approval. See further discussion on time-of-day operations below.
Violations for Use of Southern Portion of Tunnel Ave
During the July meeting, BDI indicated that it was planning to fine Google for violations to the prescribed bus routing, for using the portion of Tunnel Ave south of the site. The amount being contemplated by BDI was $1,000 per occurrence and BDI indicated that the fines could be provided to the City.
Accordingly, Staff drafted Condition No. 7 which provides that fines would be paid to the City along with the bus movement reports on a monthly basis. This would be a compilation of the weekly reports, to be provided in the month immediately following the reporting month. A sliding scale of fines is suggested, starting at $500 and escalating to $1,000, then $2,000 and ultimately $5,000 for more than 20 violations within each reporting month.
Also, if the threshold of more than 20 violations occurred in a given calendar month, staff would provide a report to City Council. Council may then decide to bring the matter forward for revocation hearing and decision.
Exceptions are provided for weather or environmental events or factors such accidents or road closures which can be demonstrated to be outside the driver’s control.
Time-of-Day Operations
3 54
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600 Tunnel Avenue; Google Bus Appeals
The City Council’s stated direction to have clear and enforceable conditions also has implications on hours of operation. To date, hours of operation were not specified in the conditions of approval, but were provided as part of the project description. These were intended as “typical” operations and, due to operational changes, trip delays and bus maintenance, some trips have been occurring outside these times. Google’s project description provided with the initial approval in 2019 stated that the hours of operation would be from 3 am to 7 am and 3 pm to 9 pm on weekdays. In the permit renewal in November 2021, they reduced the hours slightly to be 4 am to 7 am and 5 pm to 9 pm on weekdays. They also began to track bus movements following the November 2021 approval and tracking reports were provided to the City and reported to the Planning Commission in early 2022. These reports indicated that trips were occurring throughout the day, not limited to the time windows as previously indicated.
In the request for permit modification to the Planning Commission in May 2022, Google requested the hours of operation be changed to 4am to 10 pm, reflecting that their needs changed following the Covid-19 pandemic, due to staggered employee schedules. Since the City Council’s first hearings on the appeal, Google has requested that the hours be extended to midnight on weekdays, and to extend the hours to weekends to allow for daytime Saturday and Sunday trips for maintenance of the buses off-site. Google has indicated that the late-night trips have been occurring due to delays along the bus routes over the course of the day.
As indicated above, over the past five months, starting in April, there was a monthly average of
58.4 vehicle trips outside the most recently stated typical hours of operation of 4 am to 10 pm on weekdays. No trips were reported between the hours of midnight and 4 am. These extended hours, included as a condition of approval, would reflect actual operations and create a clear, definitive and enforceable standard.
Alternatives to address time of day and weekend trips include:
1. Specify the hours of operation as previously proposed from 4 am to 10 pm, with some flexibility, similar to that previously proposed on July 7th.
2. Per Google’s latest request, establish the hours operation as 4 am to midnight and include weekend hours. Fines could be established for trips that occur outside those prescribed times.
3. Establish the weekday 4 am to 10 pm hours as a hard limit and include fines for trips that occur outside those hours. The City Council could further determine if it wishes to allow or prohibit weekend use.
4 55
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600 Tunnel Avenue; Google Bus Appeals
Operational hours as determined by the City Council would be incorporated into the project conditions of approval so they are fully enforceable.
Note that for the purposes of the draft resolution, alternative 3 (without weekend hours) has been incorporated into the draft conditions of approval, but there is a process to notify the Planning Director in advance for weekend maintenance trips (see Condition No. 3 and 7). In this case a $50 fine would be imposed per occurrence, for unauthorized trips, and up to 200 trips outside the 4 am to 10 pm operational window may occur in a calendar month before a report is sent to City Council. This is a more moderate deterrent than the limitation on southern trips, in that trips outside the prescribed hours to do note pose the same safety and hazard risks as southern trips.
Lighting hours and controls over lighting impacts
The draft condition regarding hours for site lighting has been modified from 4 am - 9 pm to 4 am - 10 pm, to match the proposed bus movement hours of operation. The condition has also been modified to maintain the lights at or below their current heights of 15 feet, shielded and at a lumens level to prevent offsite glare.
Site Treatment and Roadway Edge Improvements
The draft conditions regarding site treatment and maintenance for dust control and for the bike path/roadway edge improvements have been edited for clarity. The bike path and roadway edge improvements will be required to be designed and maintained by BDI, subject to the City Engineer’s approval. The suggested condition regarding the plastic delineators along Tunnel, has been modified to include only the east side. Delineators would only be required on the west side in the event that it is required by the City Engineer in the future, due to her/his determination that trash/debris dumping requires such barriers.
Permit Term
BDI has requested that the interim use permit term be 5 years. This would provide for operational certainty and a period of cost recovery for the proposed roadway infrastructure improvements.
Fiscal Impact
None.
Measure of Success
Processing of an appeal application consistent with Brisbane’s Municipal Code. 5 56
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600 Tunnel Avenue; Google Bus Appeals
Attachments
1. Summary Table of Bus Movements & Google’s Monthly Reports, Nov 2021 – Aug 2022
2. Draft City Council Resolution Granting the Appeals and Conditionally Approving 2021- UP-3-M (Modified)
3. City Council Draft Minutes, July 7, 2022
4. City Council Agenda Report, July 7, 2022
5. City Council Minutes, May 19, 2022
6. City Council Agenda Report, May 19, 2022
___________________________________ _____________________________ John Swiecki, Community Development Director Clay Holstine, City Manager 6 57
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600 Tunnel Avenue; Google Bus Appeals
ATTACHMENT 1
Bus Trip Count Summary
November 2021 – August 2022
Period Total
Bus
Trips
Noncompliant Trips*
Trips
South
of Yard
9-10 pm
Trips
10 –11 pm
Trips
11 pm to
Midnight
Trips
Weekend
Trips
Totals
August 2022 4712 2 172 51 22 8 255
July 2022 3791 0 173 26 20 13 232
June 2022 4109 4 163 19 15 3 204
May 2022 4171 2 149 33 17 7 208
April 2022 4381 5 143 32 14 12 206
March 2022 3130 7 17 5 1 12 25
February
2022
2066 2 0 0 0 0 2
January 2022 2055 1 0 0 0 0 1
December
2021
1970 5 0 0 0 0 5
November
2021
2181 6 2 0 0 0 8
5 Month
Average
April-August
21,164/
5 =
4,233
13/5=
2.6 800/5=
160
161/5=
32.2 88/5=
17.6 43/5=
8.6 1,105/
5=
221
Notes: Data provided herein is based on Google’s self-reporting tables, which follow in this attachment.
Weekday daytime noncompliant trips are not shown. See the individual monthly reports in this Attachment 1 for those trips.
7 58
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August 2022
Trip Data 8/1/22 8/2/22 8/3/22 8/4/22 8/5/22 8/8/22 8/9/22 8/10/22 8/11/22 8/12/22 8/13/22 8/15/22 8/16/22 8/17/22 8/18/22 8/19/22 8/20/22 8/22/22 8/23/22 8/24/22 8/25/22 8/26/22 8/27/22 8/29/22 8/30/22 8/31/22 4:00 - 4:59 1 1 1 1 1 1 1 2 2 1 1 13
5:00 - 5:59 18 18 17 17 18 19 16 18 19 18 16 23 20 21 23 23 21 19 18 15 16 15 17 425 6:00 - 6:59 36 36 31 32 38 36 34 35 34 38 37 32 32 32 34 3 34 35 36 35 39 34 32 37 802 7:00 - 7:59 21 21 21 23 26 20 22 24 24 27 21 18 18 21 25 26 19 17 19 24 21 21 20 499 8:00 - 8:59 12 9 8 9 15 11 8 11 7 12 11 7 9 8 14 11 5 7 7 8 9 8 9 215 9:00 - 9:59 15 15 16 14 13 17 15 15 12 14 15 12 10 14 16 1 11 8 9 10 16 13 10 11 302 10:00 - 10:59 6 7 7 6 13 8 7 7 5 7 9 10 8 10 8 7 12 10 9 11 8 7 9 191 11:00 - 11:59 1 4 1 2 3 3 6 2 2 2 1 1 4 6 3 3 1 2 3 50
12:00 - 12:59 2 2 3 1 1 1 1 5 4 4 1 4 2 3 3 3 3 2 2 2 1 1 3 3 57 13:00 - 13:59 3 1 3 1 3 1 2 1 1 1 2 1 3 1 2 26
14:00 - 14:59 2 2 3 3 2 4 1 1 2 3 2 4 4 5 3 4 4 4 4 1 6 5 3 72 15:00 - 15:59 8 8 9 8 9 10 9 9 8 6 7 7 5 6 6 9 7 6 7 8 9 10 11 182 16:00 - 16:59 10 7 6 8 13 10 9 6 8 11 9 7 6 7 13 10 8 9 6 11 8 5 6 193 17:00 - 17:59 23 8 8 10 10 18 9 6 9 18 16 9 7 9 17 13 5 4 7 15 16 7 9 253 18:00 - 18:59 18 22 24 20 16 15 18 24 22 20 19 26 22 23 14 22 25 24 19 19 14 13 24 463 19:00 - 19:59 14 21 17 16 18 16 21 20 19 14 15 16 20 18 19 14 16 18 23 15 18 27 19 414 20:00 - 20:59 12 14 14 15 14 12 13 16 12 13 13 16 16 14 10 1 14 15 13 12 15 10 16 10 310 21:00 - 21:59 6 8 6 6 5 7 8 7 9 6 7 5 8 8 6 8 9 9 11 7 9 9 8 172 22:00 - 22:59 2 2 3 4 2 4 3 2 2 2 1 2 1 1 1 6 3 3 2 5 51 23:00 - 23:59 1 1 1 1 1 2 1 1 1 1 1 2 1 1 2 1 1 1 1 22
Total 210 206 195 196 219 212 201 215 200 214 1 206 195 192 203 220 5 211 200 196 195 215 2 201 194 208 4712 Routing Violations
Date/Time Bus ID Location Description
2022-08-12 18:06:11 331 Tunnel Ave and Lagoon Rd - South Non Brisbane based driver covering route 2022-08-31 20:37:13 392 Tunnel Ave and Lagoon Rd - South Non Brisbane based driver covering route 8 59
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July 2022
Trip Data
7/1/22 7/5/22 7/6/22 7/7/22 7/8/22 7/9/22 7/10/22 7/11/22 7/12/22 7/13/22 7/14/22 7/15/22 7/18/22 7/19/22 7/20/22 7/21/22 7/22/22 7/23/22 7/24/22 7/25/22 7/26/22 7/27/22 7/28/22 7/29/22 7/30/22 Total 4:00 1 1 1 1 1 1 1 1 1 1 10
5:00 20 15 20 20 19 19 18 17 17 19 20 21 21 19 18 17 20 17 17 354 6:00 36 36 28 37 0 32 32 33 32 33 35 33 37 31 37 1 37 36 33 35 34 648 7:00 28 25 19 25 26 19 16 22 21 22 21 22 24 27 23 20 22 21 29 432 8:00 14 2 7 9 13 1 9 8 9 9 14 8 12 9 9 18 11 10 10 9 11 202 9:00 19 6 9 11 16 11 13 13 14 15 13 13 14 13 1 17 12 12 11 11 244 10:00 6 3 8 3 4 1 9 4 4 2 8 4 5 5 7 8 6 4 7 7 5 1 111
11:00 1 3 4 2 1 1 2 1 1 1 3 5 1 3 5 2 36
12:00 1 1 3 4 1 3 1 7 1 2 5 1 2 2 2 2 2 3 1 44
13:00 1 1 2 1 1 2 1 2 1 1 1 14
14:00 4 1 5 4 2 6 4 2 2 3 4 3 1 3 2 4 2 2 7 5 66
15:00 7 7 5 5 8 4 4 6 2 7 10 6 7 8 7 8 9 8 9 127
16:00 9 6 5 12 8 4 7 6 7 8 6 6 8 12 8 6 4 4 7 1 134
17:00 17 2 12 12 16 14 6 7 9 15 13 8 6 8 11 14 11 8 5 12 206 18:00 17 24 22 22 0 20 22 22 21 15 15 22 18 22 20 20 18 23 19 19 381 19:00 15 1 13 17 14 1 14 21 22 20 16 20 22 24 19 15 1 15 16 19 20 19 1 345 20:00 11 12 12 10 10 10 11 12 12 13 12 16 14 12 1 10 11 12 10 7 218 21:00 8 11 10 7 9 11 10 10 6 7 11 10 10 6 8 10 11 7 10 1 173 22:00 1 1 2 2 2 3 2 2 1 1 2 2 5 26
23:00 1 1 1 1 1 1 1 1 0 1 1 1 1 1 2 1 2 1 1 20
Total 214 14 197 185 200 2 1 203 183 184 193 188 198 208 199 208 214 4 0 205 195 199 193 198 6 Routing Violations
Date/Time Bus ID Location Description
9 60
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June 2022
Trip Data
6/1/22 6/2/22 6/3/22 6/6/22 6/7/22 6/8/22 6/9/22 6/10/22 6/13/22 6/14/22 6/15/22 6/16/22 6/17/22 6/18/22 6/20/22 6/21/22 6/22/22 6/23/22 6/24/22 6/25/22 6/27/22 6/28/22 6/29/22 6/30/22 Total 4:00 1 1 1 1 1 5
5:00 17 17 17 18 19 19 20 18 19 19 18 20 17 18 18 19 19 20 19 15 17 383 6:00 34 34 35 36 35 35 32 39 35 35 34 31 42 1 32 33 34 37 33 36 35 31 729 7:00 23 20 29 24 16 24 23 28 25 21 21 20 26 25 19 15 21 21 18 18 19 456 8:00 7 9 10 12 7 11 7 14 10 8 8 7 14 9 8 11 13 7 9 10 8 199 9:00 9 13 15 12 12 10 8 12 15 10 13 14 13 1 13 10 11 16 17 10 8 12 254 10:00 3 7 9 6 5 4 5 11 6 7 4 3 7 4 6 6 5 2 6 8 6 120
11:00 2 1 4 1 1 2 1 3 2 3 6 1 2 2 3 2 1 37
12:00 5 1 2 3 1 2 2 2 2 3 2 2 4 1 2 3 2 3 3 1 46
13:00 4 1 2 1 3 1 1 1 1 1 1 17
14:00 3 2 2 2 2 2 6 3 4 3 6 5 1 2 1 2 1 5 5 3 2 62
15:00 4 6 6 11 6 10 7 8 12 5 5 4 9 7 9 9 6 9 7 6 8 154
16:00 7 6 7 7 3 9 10 8 8 6 7 6 9 7 4 7 5 0 6 6 7 8 143
17:00 6 7 16 19 6 2 5 17 6 8 8 7 15 1 8 7 9 18 14 10 10 10 209 18:00 19 23 14 15 20 22 23 16 26 22 19 22 18 22 22 22 15 19 21 22 23 425 19:00 22 21 22 21 24 23 20 22 18 21 21 20 17 15 16 18 16 16 19 19 17 408 20:00 11 12 11 10 13 12 14 13 13 12 16 13 11 12 16 12 16 13 13 11 11 265 21:00 10 9 6 10 9 10 9 5 5 8 7 5 6 10 9 7 6 7 10 6 9 163 22:00 1 1 0 1 1 2 1 2 2 1 2 1 2 1 1 19
23:00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15
Total 185 190 206 211 181 198 192 221 205 193 191 188 220 3 2 193 183 189 198 0 192 197 186 185 0 Routing Violations
(non-compliant trips: 4 out of 4,109 or .1%)
Date/Time Bus ID Location Description
2022-06-07 16:23:36 313 Tunnel Ave and Lagoon Rd - South Bus movement due to maintenance 2022-06-07 16:13:24 382 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2022-06-13 18:09:14 384 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2022-06-07 16:13:48 389 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 10 61
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May 2022
Trip Data
5/1/22 5/2/22 5/3/22 5/4/22 5/5/22 5/6/22 5/9/22 5/10/22 5/11/22 5/12/22 5/13/22 5/14/22 5/16/22 5/17/22 5/18/22 5/19/22 5/20/22 5/23/22 5/24/22 5/25/22 5/26/22 5/27/22 5/28/22 5/29/22 5/31/22 4:00
5:00
6:00
7:00
8:00
9:00
10:00
11:00
12:00
13:00
14:00
15:00
16:00
17:00
18:00
19:00
20:00
21:00
22:00
23:00
Routing Violations
Date/Time Bus ID Location Description
Total
0 22 22 20 19 20 19 19 19 21 19 19 20 22 17 19 21 23 20 20 23 17 421 37 33 33 34 39 37 36 36 35 34 37 33 31 33 36 32 29 31 30 36 34 716 27 25 25 21 21 22 21 22 20 32 29 21 21 24 30 29 22 21 24 27 22 506 12 8 7 9 13 12 9 8 10 9 11 6 7 10 10 12 6 8 8 10 10 195 22 6 6 8 10 13 8 8 13 16 1 15 7 9 9 14 9 8 10 8 18 13 231 9 10 7 8 8 5 5 4 6 10 5 5 2 6 8 6 4 4 8 7 1 4 132
2 8 1 5 2 2 3 2 4 3 2 2 3 2 2 2 2 2 49
3 3 2 4 1 1 4 2 1 2 1 1 4 4 3 5 2 2 2 3 2 4 56
1 1 3 1 4 2 1 0 1 0 1 1 0 16
5 6 3 2 5 2 2 4 4 3 4 4 5 2 3 3 4 2 2 5 3 73
8 7 7 7 5 7 5 7 2 6 6 6 3 6 8 6 4 3 7 5 7 122
9 3 5 4 5 7 5 7 7 11 11 2 4 5 7 10 4 6 5 8 7 132
13 5 6 5 15 10 7 6 6 13 8 7 5 7 12 12 6 7 5 18 1 7 181
21 26 27 22 28 24 20 23 22 18 1 19 18 21 23 22 17 24 24 18 16 20 454 16 24 22 24 13 15 22 21 25 20 17 24 23 20 18 20 20 21 24 16 19 424 1 14 13 15 14 15 11 12 15 9 14 14 12 10 10 10 13 11 12 12 14 13 264 8 10 7 6 4 8 8 8 9 6 4 7 8 7 5 6 10 6 9 4 9 149
1 1 1 2 4 2 2 1 1 1 1 2 2 1 3 1 1 1 4 1 33
0 1 1 1 1 1 1 0 1 2 1 1 1 0 1 1 1 1 1 17
Total 2 230 211 197 197 205 200 187 199 193 218 4 208 180 180 188 212 199 181 185 187 213 3 0 192 392 Tunnel Ave and Lagoon Rd - South Bus movement due to maintenance 98 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run (non-compliant trips: 2 out of 4,171 or .05%)
2022-05-04 10:28:15
2022-05-18 11:04:27
11 62
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April 2022
Trip Data
4/1/22 4/2/22 4/4/22 4/5/22 4/6/22 4/7/22 4/8/22 4/9/22 4/11/22 4/12/22 4/13/22 4/14/22 4/15/22 4/16/22 4/18/22 4/19/22 4/20/22 4/21/22 4/22/22 4/23/22 4/25/22 4/26/22 4/27/22 4/28/22 4/29/22 4:00\
5:00
6:00
7:00
8:00
9:00
10:00
11:00
12:00
13:00
14:00
15:00
16:00
17:00
18:00
19:00
20:00
21:00
22:00
23:00
Routing Violations
Date/Time Bus ID Location Description
Total
1 1 1 3
19 21 22 19 21 18 19 20 19 19 18 19 20 21 20 20 18 21 19 23 21 417 44 42 34 37 35 43 17 38 33 37 43 44 35 35 34 38 41 32 31 34 37 764 26 24 23 26 23 27 20 23 25 22 26 23 21 24 22 28 26 23 24 22 30 508 12 11 10 9 10 13 13 11 7 9 13 1 12 10 8 9 15 14 7 8 9 13 224 15 12 5 6 8 15 1 14 6 8 7 12 15 9 8 6 15 14 10 6 4 16 212 10 3 11 4 6 3 9 0 7 7 8 3 7 7 4 6 5 9 9 8 8 8 12 154
2 2 2 1 6 5 5 5 5 2 4 3 2 3 6 3 2 4 2 9 5 78
2 1 1 2 2 2 2 2 3 1 5 6 3 4 1 2 1 2 3 2 1 2 50
2 3 1 1 2 2 1 2 1 0 1 1 1 1 2 1 22
3 3 4 3 4 2 2 2 2 5 4 1 3 1 2 7 2 3 2 4 5 64
8 6 8 9 6 9 8 8 7 5 5 7 6 8 9 6 9 8 6 7 9 154
9 10 5 5 6 7 10 4 6 4 9 1 10 6 5 3 11 8 4 5 6 9 143
10 16 5 6 5 16 16 8 5 5 10 13 11 3 11 14 1 17 5 4 6 17 204 25 20 24 28 27 24 1 22 26 25 25 24 25 19 21 25 23 23 20 20 27 27 501 17 16 18 23 21 17 16 22 25 24 16 15 23 30 19 14 15 25 29 22 13 420 10 12 20 16 15 8 11 14 12 13 12 10 14 13 11 12 1 14 13 13 15 15 274 5 5 8 6 8 7 6 7 7 7 6 7 6 10 9 6 5 8 9 6 5 143
0 1 1 1 2 2 3 3 2 4 1 1 3 2 1 5 32
1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 14
Total 220 6 213 197 204 203 226 2 193 207 201 197 216 2 217 198 199 195 224 2 223 197 191 210 238 77 80 81 86 84 80 83 83 84 82 78 82 84 83 80 81 85 78 82 87 87 2022-04-01 20:55:14 317 Tunnel Ave and Lagoon Rd - South New driver training 2022-04-05 9:57:52 316 Tunnel Ave and Lagoon Rd - South New driver training 2022-04-08 18:11:39 331 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2022-04-15 18:04:39 331 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2022-04-18 5:59:27 330 Tunnel Ave and Lagoon Rd - South Bus movement due to maintenance (non-compliant trips: 5 out of 4,381 or .11%)
12 63
I.
March 2022
Trip Data
3/1/22 3/2/22 3/3/22 3/4/22 3/7/22 3/8/22 3/9/22 3/10/22 3/11/22 3/13/22 3/14/22 3/15/22 3/16/22 3/17/22 3/18/22 3/21/22 3/22/22 3/23/22 3/24/22 3/25/22 3/26/22 3/28/22 3/29/22 3/30/22 3/31/22 Total 5:00 1 2 2 2 2 5 4 5 4 5 5 3 4 5 5 3 4 5 6 17 21 20 130 6:00 10 8 11 10 14 22 22 25 22 24 26 27 25 26 22 23 25 25 24 35 37 42 505 7:00 20 20 17 18 13 19 22 18 21 16 15 16 20 18 20 23 20 19 5 22 26 23 23 434 8:00 5 5 5 5 9 9 7 6 0 8 6 9 8 7 9 8 7 11 8 9 8 8 9 166 9:00 9 12 13 10 12 7 12 9 2 8 10 12 7 8 12 8 11 8 10 8 11 14 12 225 10:00 7 6 8 8 8 5 3 5 2 4 5 7 4 8 2 7 11 2 5 9 2 4 7 129 11:00 4 7 2 5 4 2 5 2 3 3 1 3 4 4 3 6 7 3 3 2 4 3 80
12:00 1 1 1 1 4 2 1 1 2 1 2 1 1 4 2 2 27
13:00 5 8 5 1 7 2 5 2 1 3 3 2 3 3 2 1 53
14:00 9 7 11 8 9 4 4 3 1 2 3 4 2 4 4 6 2 2 3 4 3 2 6 103 15:00 6 6 8 7 14 9 10 7 8 7 6 7 8 5 7 5 7 5 8 5 6 5 156 16:00 6 6 5 5 6 9 7 8 1 12 9 8 4 8 9 8 9 9 14 11 7 5 4 170 17:00 13 12 10 8 12 14 16 15 12 13 14 13 14 19 16 15 11 10 19 10 12 13 291 18:00 8 10 9 14 9 20 17 18 19 18 17 17 15 16 16 16 20 18 16 22 23 25 363 19:00 5 4 6 1 4 9 13 10 9 7 10 10 8 7 14 13 12 8 7 19 21 20 217 20:00 1 1 1 1 1 2 2 3 1 2 2 2 1 2 1 2 2 1 1 10 10 9 58
21:00 4 4 9 17
22:00 3 1 1 5
23:00 0 1 0 1
Total 110 115 114 104 128 136 146 135 9 0 135 132 142 126 137 140 140 151 140 135 5 151 188 200 211 Routing Violations
(non-compliant trips: 7 out of 3,130 or .22%)
Date/Time Bus ID Location Description
2022-03-07 12:10:12 ST77354 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2022-03-07 17:20:51 360 Tunnel Ave and Lagoon Rd - South New driver training 2022-03-11 8:59:30 222 Tunnel Ave and Lagoon Rd - South New driver training 2022-03-11 9:35:10 247 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2022-03-25 10:12:56 LUX401 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 2022-03-29 18:30:35 298 Tunnel Ave and Lagoon Rd - South New driver training 2022-03-29 18:37:55 419 Tunnel Ave and Lagoon Rd - South Non-Brisbane based driver covering run 13 64
I.
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 14 65
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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 15 66
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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 16 67
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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 17 68
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600 Tunnel Avenue; Google Bus Appeals
ATTACHMENT 2
Draft - RESOLUTION 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF BRISBANE
GRANTING THE APPEALS AND
CONDITIONALLY APPROVING INTERIM USE PERMIT 2021-UP-3-M (MODIFIED)
TO ALLOW FOR THE CONTINUATION OF THE
GOOGLE BUS STAGING YARD AT 600 TUNNEL AVE
WHEREAS, on November 16, 2021, following a duly noticed public hearing, the Planning Commission conditionally approved Interim Use Permit 2021-UP-3, which allowed for continuation of Google’s staging of commuter buses at 600 Tunnel Ave for a period of one year; and
WHEREAS, following a report to the Commission on March 10, 2022 detailing Google’s bus movements, the Commission requested that the application be placed on an agenda for a public hearing for potential revocation; and
WHEREAS, Eric Aronsohn of BDI, on behalf of Google, applied to the City of Brisbane for Modification to Interim Use Permit 2021-UP-3 to allow continued outdoor staging of Google buses with a revised schedule for bus trips, with operations generally 4 am to 10 pm, versus the previous schedule of 3 to 7 am and 3 to 9 pm; and
WHEREAS, on April 14th, 2022, the Planning Commission conducted a hearing to consider both revocation and the applicant’s requested modification of Interim Use Permit 2021- UP-3, at which time any person interested in the matter was given an opportunity to be heard; and WHEREAS, following the public hearing, the Planning Commission denied the requested modification and revoked the interim use permit 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”; and
WHEREAS, Eric Aronsohn appealed the Planning Commission’s decisions to deny the requested modification and to revoke the permit to the City Council; and WHEREAS, City Council held duly noticed public hearings on May 19th, 2022 and July 7 th, 2022 on the appeals, at which time any person interested in the matter was given an opportunity to be heard; and
WHEREAS, the City Council of the City of Brisbane hereby makes the findings attached herein as Exhibit A in connection with the Interim Use Permit.
NOW THEREFORE, BE IT RESOLVED by the City Council that:
Section 1.
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A. The above recitals are true and correct and incorporated herein by reference as if set forth in full.
B. The City Council hereby overturns the Planning Commission’s decision to revoke the permit and approves Use Permit 2021-UP-2-M based on the findings and with the conditions of approval attached herein as Exhibit A.
Section 2.
This Resolution shall take effect immediately upon its adoption. _______________
COLEEN MACKIN, Mayor
I hereby certify that the foregoing Resolution No. 2022-XX was duly and regularly adopted at the regular meeting of the Brisbane City Council on July 7th, 2022 by the following vote:
AYES:
NOES:
ABSENT:
_______________
INGRID PADILLA, City Clerk
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600 Tunnel Avenue; Google Bus Appeals
Draft - EXHIBIT A
Action Taken: Conditionally approve Use Permit 2021-UP-3-M per the staff memorandum with attachments, via adoption of Resolution 2022-XX.
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.
2. The proposed interim use and conditions related to roadway improvements are categorically exempt from environmental review pursuant to Section 15301 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 structures proposed.
4. There are no required public utilities since the use is for bus staging only. The infrastructure of Tunnel Avenue provide for roadway access and lavatories and recycling are 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, inasmuch as 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. 20 71
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600 Tunnel Avenue; Google Bus Appeals
Conditions of Approval:
Operational Character
1. Bus Limit: Google buses are limited to a total of 90 to be parked on the site at any time.
Total bus trips shall not exceed 270 per day. A bus trip is either in or out of the site.
2. Dust Control: Within 30 days of this permit being granted (by October 15, 2022), a calcium chloride binder (or other chemical soil stabilization agent approved by the City Engineer) shall be applied to treat the yard surface to the satisfaction of the City Engineer to prevent airborne dust. Thereafter the yard surface shall be maintained to the satisfaction of the City Engineer to prevent airborne dust, including reapplication of the soil stabilization agent as needed.
3. Hours and Days of Operation: Hours of bus arrivals and departures to and from the site shall be between 4 am and 10 pm, Monday through Friday. Bus trips outside these hours for maintenance or repair purposes must be requested in writing to the Planning Director and subject to approval in advance. The Director may approve the request as a minor modification or refer the matter for public hearing per BMC 17.41.090.
4. Lighting: Lighting shall be programmed to turn on no earlier than 4 am and to turn off no later than 10 pm, Monday through Friday. Lighting shall be maintained at existing heights, at or below 15 feet above grade. shielded and directed downward so the light sources are not directly visible from Brisbane’s residential neighborhoods and/or from nearby street views. They shall be maintained at illumination levels that do not pose a nuisance to the Brisbane’s residential neighborhoods.
5. Bus Routing: Google shall route their buses to and from the site north of the site along Tunnel Ave and Beatty Ave to connect to U.S. 101. Drivers of the buses shall not use Tunnel Avenue south of the site.
6. Tracking and Reporting: Google shall electronically track bus movements and provide the following, to demonstrate compliance with and report violations of hours of operation and routing (Conditions 3 and 5):
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a. By October 1st, 2022, Google shall create and thereafter maintain a website that provides bus movement data to and from the site, to demonstrate compliance with the referenced conditions.
b. The website shall be updated by Google on at least a weekly basis. c. The website shall be available to the City and the public. d. Additionally, Google shall provide a monthly report (“the reporting period”) to the Planning Director summarizing bus movements to and from the site and identifying any violations of this Condition in the reporting period, with details as to the reason for each violation and action taken to avoid repeat or further violations. e. Google shall provide to the Planning Director the report by the last day of the month following the reporting period along with the payment of penalties, if any, for violations of this Condition (see Condition 7, below). For example, the monthly report for October is due by November 30th.
f. Google shall prepare all reports in a readable form.
7. Penalties for violations:
a. Penalties for arrivals and departures outside the approved hours of operation (Condition 3) shall be as follows:
i. A penalty of $50 for each violation, payable to the City of Brisbane. ii. In addition, the City may document any violation of this Condition and if such violation is not reflected in the monthly report, the violation shall incur a penalty of $100 per unreported violation, to be paid with the next monthly report. iii. If more than two hundred (200) violations occur within a calendar month, or if Google fails to pay timely, or consistently is late in paying the penalties, staff shall provide an informational report to City Council.
b. Penalties for buses using Tunnel Avenue south of the site (Condition 5)shall be payable to the City of Brisbane as follows:
i. One (1) to five (5) violations within a calendar month shall incur a penalty of $500 for each violation.
ii. Six (6) to ten (10) violations within a calendar month shall incur a penalty of $1000 for each violation.
iii. Eleven (11) to twenty (20) violations within a calendar month shall incur a penalty of $2000 for each violation.
iv. More than twenty (20) violations within a calendar month shall incur a penalty of $5000 for each violation.
v. In addition, the City may document any violation of this Condition and if such violation is not reflected in the monthly report, the violation shall incur a penalty of $5000 per unreported violation, to be paid with the next monthly report. vi. If more than twenty (20) violations of routing occur within a calendar month, or if Google fails to pay timely, or consistently is late in paying the penalties, staff shall provide an informational report to City Council.
c. Exceptions to violations: Bus trips outside the regular hours of operation or using the roadways south of the site that occur as a result of an Act-of-God or due to circumstances beyond Google’s or the bus operator’s control, such as road closures or detours, will not be considered a violation, if the following additional conditions are 22 73
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600 Tunnel Avenue; Google Bus Appeals
met. The event(s) must be included in the monthly report along with documentation detailing and verifying the event as outside Google’s or the bus operator’s control. Such events are subject to the Planning Director’s concurrence. If the Planning Director does not concur, the Planning Director or his/her designee will provide notice to the owner and the fee for such violation(s) shall be included along with the next monthly report. d. Revocation or Modification. Following receipt of an information report referenced above, City Council may schedule a public hearing to consider modification or revocation of the interim use permit.
Tunnel Ave Safety Improvements and Maintenance
8. Tunnel Ave Safety Improvements: Within 180 days of the date of this approval (by March 14th, 2023) the following improvements shall be made along Tunnel Ave, with the design and installation subject to approval of the City Engineer, and subject to Department of Public Works Issued Encroachment and Grading permits:
a. Removal or relocation of the concrete barricades that, at the time of this writing, are located along the east shoulder of Tunnel Ave.
b. Improvement of the existing roadway shoulder on the east side of Tunnel Ave to include an 8 ft wide approximately 4,500 ft long compacted, decomposed granite (“DG”) cycle track, to improve the existing bicycle access, consistent with the exhibits provided in the July 7th, 2022 City Council report and included in this condition by reference. c. Provide crossings at the Tunnel Ave and Lagoon Way intersection. d. Installation of plastic delineators along the east side of Tunnel Avenue, to provide separation between the roadway and the new DG cycle track and to help to deter vehicles from pulling off the roadway to dump trash.
e. Installation of plastic delineators may also be required by the City Engineer along the west side of Tunnel Ave, south of the site, at a future date if she/he determines trash dumpingrequires the placement of barriers to mitigate this activity. f. Add 4 new “no dumping” signs along Tunnel Ave.
9. Tunnel Ave Trash Removal: BDI will routinely patrol the above referenced section of Tunnel Ave and remove any trash dumped within 24-hours when identified by BDI, City or members of the public.
10. Delineator Maintenance: Damaged or missing delineators shall be replaced by BDI within 2 weeks of damage.
11. Cycle Track Maintenance: The cycle track (bike path) shall be maintained in a state of good and functional repair.
Site Use Limitations and Maintenance
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600 Tunnel Avenue; Google Bus Appeals
12. No storage is permitted on site other than the Google bus parking and parking of the drivers’ vehicles used to retrieve buses.
13. 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.
14. 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.
15. The site and surrounding area shall be maintained for the duration of the use in compliance with North County Fire Authority requirements. This includes, flammable vegetation must be kept 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 nearby wetlands areas shall not be removed without approval by the project biologist.
16. Maintenance of vehicles is not permitted on the site.
17. 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 prior approval. • No wastes from the buses into the District’s wastewater collection system shall be permitted.
18. 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.
19. The operator shall maintain a business license through the City’s Finance Dept.
Mandatory Conditions, per BMC Section 17.41.070:
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20. 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.
21. 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.
Other Conditions and Project Close Out:
22. 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.
23. Minor modifications to this use permit may be approved by the Planning Director upon written request.
24. This Use Permit is subject to the revocation procedures established in Brisbane Municipal Code Chapter 17.41.100. As the granting authority of this modified interim use permit, City Council shall be the authority to make a determination regarding revocation.
25. This Interim Use Permit shall expire five years from the date of City Council’s approval:
September 15th, 2027.
.
******
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BRISBANE CITY COUNCIL
ACTION MINUTES
CITY COUNCIL MEETING
THURSDAY, JULY 7, 2022
VIRTUAL MEETING
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Mackin called the meeting to order at 7:39 P.M. and led the Pledge of Allegiance.
ROLL CALL
Councilmembers present: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Councilmembers absent: None
Staff Present: City Manager Holstine, City Clerk Padilla, City Attorney McMorrow, Assistant City Manager Schillinger, Finance Director Yuen, City Engineer Breault, Deputy Public Works Director Kinser, Sustainability Manager Etherton, Maintenance Manager Black, Community Development Director Swiecki, Senior Planner Johnson, Parks and Recreation Director Leek, Communications Manager Cheung, Police Chief Macias, , Police Commander Garcia and Legal Counsel Roush
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that updates were provided to Council, direction was given to staff and no action was taken at Closed Session regarding Closed Session Items D and E.
ADOPTION OF AGENDA
Councilmember Davis made a motion, seconded by Councilmember O’Connell to adopt the agenda as it stands. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
ATTACHMENT 3
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City Council Minutes
July 7, 2022
ORAL COMMUNICATIONS NO. 1
No members of the public wished to speak.
AWARDS AND PRESENTATIONS
A. Proclamation Recognizing July as Parks and Recreation Month Mayor Mackin read a proclamation recognizing July as Park and Recreation month.
Director of Parks and Recreation Leek thanked the City Council for their continued support.
CONSENT CALENDAR
B. Accept Investment Report as of April 2022
C. Adopt Resolutions to Appoint Committee Members of the Inclusion, Diversity, Equity, and Accountability Committee, and the Complete Streets Safety Committee D. Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely Due to Health and Safety Concerns for the Public E. Adopt Resolution Establishing the Business License Tax for Liquid Storage Facilities for 2022 as to Kinder Morgan/SFPP
F. Adoption of a Revised Conflict of Interest Code to Include the Assistant City Manager, the Communications Manager, and the Assistant Fire Marshal and Deleting Park and Recreation Commission
Councilmember O’Connell made a motion, seconded by Councilmember Davis to adopt the Consent Calendar Items B-F. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
G. Adoption of Ordinance to Impose a Business License Tax on Hotels and Resolution Amending the Ballot Question for the Measure/Ordinance to be Submitted to the Voters Imposing a Business License Tax on Hotels
H. Adopt an Ordinance Adding a New Chapter 3.22 to the Brisbane Municipal Code Imposing a Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration and Resolution Amending the Ballot Question for the Ordinance to be Submitted to the Voters levying a half cent Transaction and Use Tax
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July 7, 2022
Mayor Mackin requested to have the definitions and text of the accompanying Resolution and Ordinance match the ballot measure question. After no public comment, Councilmember O’Connell made a motion, seconded by Councilmember Davis to adopt the Consent Calendar Items G and H as amended. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
AWARDS AND PRESENTATIONS CONTINUED
I. Administer Oath of Office to Newly Appointed Committee Members
1. Gregory J. Strecker, Complete Streets Safety Committee for a term through January 2026
2. Christian Allan Bustos, Inclusion, Diversity, Equity and Accountability Committee for an initial term through January 2023
3. Miyoko Nida, Inclusion, Diversity, Equity and Accountability Committee for an initial term through January 2023
City Clerk Padilla administered the Oath of Office to newly appointed Committee Members Strecker, Bustos, and Nida.
PUBLIC HEARING
J. Consideration of Entering into Energy Service Contract Pursuant to the Provisions of the California Government Code Section 4217.10, Et Seq. for the City of Brisbane Community Pool Electrification Project
City Engineer Breault reported that the purpose of this item is to complete the process necessary for entering into a sole source energy service contract with Willdan Energy Solutions. It is being recommended to adopt a Resolution “Approving an Energy Service Contract with Willdan Energy Solutions.” and transfer $183,394 from the General Fund to pay the city’s share of project funds.
After Council questions and statements from the Mayor and the Clerk to open the public hearing, Michele Salmon commented that she strongly supports this item.
Councilmember O’Connell made a motion, seconded by Councilmember Davis to close the public hearing. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
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July 7, 2022
Councilmember Lentz made a motion, seconded by Councilmember Davis to adopt a Resolution “Approving an Energy Service Contract with Willdan Energy Solutions.” and transfer $183,394 from the General Fund to pay the city’s share of project funds. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
K. Sierra Point Landscaping and Lighting District
1. Hear Statement of Engineer of Record, Read Mayor’s Statement, Hear City Clerk Statement, Open Public Hearing to hear any testimony, Close Public Hearing
2. Consider adoption of Resolution overruling protests and ordering the improvements and confirming the diagram and assessments for Fiscal Year 22/23 After hearing the statements from Deputy Public Works Director Kinser, Mayor Mackin and Clerk Padilla, and some council questions, Mayor Mackin opened the public hearing.
No members of the public wished to make public comment.
Councilmember Cunningham made a motion, seconded by Councilmember O’Connell to close the public hearing. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
Councilmember Cunningham made a motion, seconded by Councilmember O’Connell to adopt a Resolution overruling protests and ordering the improvements and confirming the diagram and assessments for Fiscal Year 22/23. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
L. City of Brisbane Local Stormwater Program Fees
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July 7, 2022
1. Open the Public Hearing and take public comment. Close the Public Hearing, and if appropriate, overrule any objections to the imposition of fees related to the National Pollutant Discharge Elimination System (NPDES)
2. Consider adoption Resolution, “A Resolution of the City Council of the City of Brisbane Imposing Charges for Funding the Local Brisbane Stormwater Program, Authorizing Placement of Said Charges on the 2022-2023 County Tax Roll, and Authorizing the County Tax Collector to Collect Such Charges.” City Engineer Breault introduced Maintenance Manager Black who reported on the City of Brisbane’s Local Storm Water Program Fees. After no Council questions, Mayor Mackin opened the public hearing.
Michele Salmon- asked what were the indirect cost noted in the staff report? After clarifying questions, Michele Salmon stated that mega mansions should be responsible for higher share.
Councilmember Davis made a motion, seconded by Councilmember O’Connell to close the public hearing. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to adopt a Resolution imposing charges for funding the Local Brisbane Stormwater Program, authorizing placement of said charges on the 2022-2023 County Tax Roll, and authorizing the County Tax Collector to collect such charges. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
CONTINUED PUBLIC HEARING
M. 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
(This public hearing item was continued from the City Council Meeting of May 19, 2022. 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.) 30 81
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Councilmember Cunningham recused herself from the item and left the room.
Senior Planner Ken Johnson, reported that in response to the concerns raised at the previous City Council meeting, BDI has proposed the following measures and Tunnel Ave improvements (see further detail in Attachment 1):
1. Removal or relocation of the concrete barricades that are currently located along Tunnel Ave.
2. Improvement of the existing roadway shoulder on the east side of Tunnel Ave to include an 8 ft wide approximately 4,500 ft long compacted, decomposed granite (“DG”) path, to improve the existing bicycle/pedestrian access.
3. Provide crossings at the Tunnel Ave and Lagoon Way intersection.
4. Installation of plastic delineators along the east side of Tunnel Avenue. These would provide separation between the roadway and the new DG bike path.
5. Add 4 new “no dumping” signs along Tunnel Ave.
6. BDI will routinely patrol the area and commit to removing any trash dumped within 24- hours when identified by BDI, City or members of the public.
7. For dust mitigation, the yard surface would be treated with a calcium-based binder, which would binder the surface gravel while allowing the surface to remain pervious to rainwater.
8. BDI has proposed to implement fines on Google for drivers violating the prohibition on using Tunnel Ave south of the site.
After Council questions, Mayor Mackin opened the public hearing and heard from the Applicant Aronsohn. After more Council questions, Michele Salmon commented that she would be concerned about plastic bollards and about the Golden State Lumber’s permit use expiring.
Councilmember O’Connell made a motion, seconded by Councilmember 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
Recusal: Councilmember Cunningham
After more Council discussion, Councilmember O’Connell made a motion, seconded by Councilmember Lentz to approve an interim use permit extension until the continued public hearing on September 15th. Council directed applicant to provide a formalized permit process, e.g., operational hours, route deviation and consequences, fines (should fines received go to the City or to BDI), timeline of road maintenance, reporting mechanisms and permit revocation and grounds.
The motion was carried unanimously by all present.
Ayes: Councilmembers Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
Recusal: Councilmember Cunningham
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July 7, 2022
NEW BUSINESS
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.)
Police Chief Macias reported that they are recommending to 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. 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
Police Commander Garcia shared a presentation on how the ALPR program will be coordinated. After some Council questions, Councilmember O’Connell made a motion, seconded by Councilmember Lentz to extend the meeting till 11:00 P.M. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
Abstain: None
After some council questions of staff and Hector Soliman Valdez from Flock Safety Group, Clerk Padilla noted for the record that public comment was received by the council prior to the meeting from Luke Kowalski (7/5/22) License Plate Reader In support and Carol Zoltowski (7/7/22) license plate reader (ALP):
Brisbane.
After some Council discussion, Councilmember Cunningham made a motion, seconded by Councilmember Lentz to 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. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Absent: None
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Abstain: None
STAFF REPORTS
O. City Manager’s Report on Upcoming Activities
Due to the late hour no report was given.
MAYOR/COUNCIL MATTERS
P. Countywide Assignments and Subcommittee Reports
Due to the late hour, no report was given.
Q. Written Communications
The Council received the following written communication from June 17-July 7, 2022:
• David Schooley (6/27/22)--Quarry
• San Mateo County Child Care Partnership Council and Build Up San Mateo County (7/5/22): Policy recommendations for Housing Element Updates
• Luke Kowalski (7/5/22) License Plate Reader In support • Carol Zoltowski (7/7/22) license plate reader (ALP): Brisbane ORAL COMMUNICATIONS NO. 2
No member of the public wished to speak.
ADJOURNMENT
Mayor Mackin adjourned the meeting at 10:57 P.M.
______________________
Ingrid Padilla, City Clerk
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CITY COUNCIL AGENDA REPORT
Meeting Date: July 7, 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.
SUPPLEMENTAL REPORT
Community Goal/Result
Safe Community - Residents and visitors will experience a sense of safety.
Purpose
Continued public hearing on the appeal by BDI, on behalf of 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 appeal. Two draft resolutions are provided for Council’s reference, one granting the applicant’s appeal and modifying the permit conditions of approval (Attachment 2), or alternatively affirming the Planning Commission’s decision to revoke the interim use permit (Attachment 3).
Background
On May 19, 2022, City Council held a public hearing on the appeal of the Planning Commission’s decision to revoke the above referenced permit and deny the applicant’s requested modification. Following the public hearing, Council continued the matter to allow BDI time to address safety concerns that were raised regarding Tunnel Ave’s narrow roadway conditions and the risks that errant buses travelling south of the site may pose, especially to bicyclists.
Further background details may be referenced from the May 19th minutes and agenda report (Attachments 4 and 5).
On June 28th, BDI provided a proposal set forth in Attachment 1 in an effort to address Council’s concerns.
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Discussion
In response to the concerns raised at the previous City Council meeting, BDI has proposed the following measures and Tunnel Ave improvements (see further detail in Attachment 1):
1. Removal or relocation of the concrete barricades that are currently located along Tunnel Ave.
2. Improvement of the existing roadway shoulder on the east side of Tunnel Ave to include an 8 ft wide approximately 4,500 ft long compacted, decomposed granite (“DG”) path, to improve the existing bicycle/pedestrian access.
3. Provide crossings at the Tunnel Ave and Lagoon Way intersection.
4. Installation of plastic delineators along the east side of Tunnel Avenue. These would provide separation between the roadway and the new DG bike path.
5. Add 4 new “no dumping” signs along Tunnel Ave.
6. BDI will routinely patrol the area and commit to removing any trash dumped within 24- hours when identified by BDI, City or members of the public.
7. For dust mitigation, the yard surface would be treated with a calcium-based binder, which would binder the surface gravel while allowing the surface to remain pervious to rainwater.
8. BDI has proposed to implement fines on Google for drivers violating the prohibition on using Tunnel Ave south of the site.
The applicant has provided a map and cross section depicting the proposed DG path and plastic delineators relative to the existing roadway. Given the capital investment to complete the proposed improvements, BDI is also requesting a 5-year term be granted from the date of City Council approval. This would be consistent with the maximum term allowed for interim use permits on the Baylands, per BMC Section 17.41.080.A. Otherwise, if the appeal were granted without an extension of the date, it would be set to expire in November of this year. Note that BDI has committed to completing the improvements within 180 days.
The City Engineer and Planning staff have reviewed the proposed measures and believe they would improve vehicular and bicycle safety along Tunnel Ave. They have been included as draft conditions of approval in the event the City Council chooses to grant the appeal. Staff further recommends an additional condition of approval requiring plastic bollards on the west side of Tunnel Ave, to discourage dumping Staff further recommends a condition of approval requiring that the on-site dust mitigation binder to be applied to the site within 30 days of City Council approval.
As noted previously staff has prepared alternate draft resolutions for the City Council’s consideration to either approve the interim use permit revision (including extended term) with 35 86
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revised conditions of approval (Attachment 2), or to uphold the Planning Commission’s decision for permit revocation (Attachment 3).
Fiscal Impact
None.
Measure of Success
Processing of an appeal application consistent with Brisbane’s Municipal Code.
Attachments
1. Applicant’s Proposal, dated June 28, 2022
2. Draft City Council Resolution Granting the Appeals and Conditionally Approving 2021- UP-3-M (Modified)
3. Draft City Council Resolution Affirming the Planning Commission Revocation of Interim Use Permit 2021-UP-3 and Denying the Applicant’s Requested Modification
4. City Council Minutes, May 19, 2022
5. City Council Agenda Report, May 19, 2022
___________________________________ _____________________________ John Swiecki, Community Development Director Clay Holstine, City Manager 36 87
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ATTACHMENT 1
BDI PROPOSAL
For Google Bus Yard
Interim Use Permit 2021-UP-3: Appeal and Request for Extension Date: 6/28/22
Attn: Ken Johnson – Senior Planner, City of Brisbane
Summary
Baylands Development Inc (“BDI”) and its tenant Google are requesting a 5-year extension to the current use permit currently under appeal and otherwise set to expire in November, 2022. In response to City Council’s and Brisbane community members, we are proposing enhancements to Tunnel Avenue intended to improve safety for both cyclists and drivers, and enhance the area as a means of reducing illegal dumping. Along with these efforts, BDI and Google commit to complying with the conditions of the current use permit including but not limited to hours of operation, bus routing, and dust mitigation.
In consultation with traffic consultant Fehr & Peers and City staff, a list of improvements for implementation are described below. While we think these measures are appropriate and can be implemented in a short period of time, we remain open to further comments and suggestions from Council.
Tunnel Ave
1. Concrete barricades will be removed or reconfigured
2. Construct an 8’ wide and approximately 4,500’ long decomposed granite (“DG”) path on east side of Tunnel Ave (from Lagoon to Beatty)
3. Add crosswalks at north end of the path and also crossing Tunnel Ave and crossing Lagoon Rd at the intersection of those two roads (see Exhibit A. Exhibit 1, Plan view of crosswalks and path length)
4. Add 4 new “no dumping” signs along Tunnel Ave
5. Install vertical delineators along the east side of Tunnel, protecting the DG path from vehicles and illegal dumping (See Exhibit A. Figure 1, Cross sections of Tunnel Road with path) Parking Surface
For dust mitigation purposes, a calcium-based additive can be applied via water truck. The additive is designed to bind the fine materials while drawing in moisture from the surrounding air to the existing surface cover thereby reducing or eliminating dust.
Route Violation Fine Program
While our goal remains to eliminate the violations all together, we recognize the mitigating incentive a fine provides. BDI is proposing a sizable fine per violation to the tenant based on the monthly, self-reporting routing data from Google. All fines will go towards maintaining and enhancing the traffic safety improvements proposed for Tunnel Ave.
Additional Measures to Prevent Dumping
Moving the concrete barricades from the road may lead to illegal dumping issues. By all accounts, the barricades were effective in mitigating this issue. In order to keep this issue at bay, BDI will routinely patrol the area and commit to removing any trash dumped in the area within 24-hours when identified by BDI, City, or members of the public.
Implementation
BDI is working expeditiously to find a set of solution that are sufficient, economically viable, and environmentally responsible. We believe within 90-180 days of approval the above recommended measures can be completed 37 88
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pending grading permit and other steps deemed necessary by stakeholders including the City of Brisbane, the DTSC, and the Water Board.
Conclusion
BDI and Google have spent significant time evaluating the conditions at the site and addressing the concerns of the community. Providing a 5-year use permit allows BDI and Google to make enhancements to the operation and improvements to Tunnel Ave and demonstrate our commitment to the Brisbane community. 38 89
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EXHIBIT A
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ATTACHMENT 3
Draft - RESOLUTION 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF BRISBANE
UPHOLDING THE PLANNING COMMISSION’S DECISIONS TO
DENY THE REQUESTED MODIFICATION AND TO REVOKE
INTERIM USE PERMIT 2021-UP-3-M
FOR GOOGLE BUS STAGING YARD AT 600 TUNNEL AVE
WHEREAS, on November 16, 2021, following a duly noticed public hearing, the Planning Commission conditionally approved Interim Use Permit 2021-UP-3, which allowed for continuation of Google’s staging of commuter buses at 600 Tunnel Ave for a period of one year; and
WHEREAS, following a report to the Commission on March 10, 2022 detailing Google’s bus movements, the Commission requested that the application be placed on an agenda for a public hearing for potential revocation; and
WHEREAS, Eric Aronsohn of BDI, on behalf of Google, applied to the City of Brisbane for Modification to Interim Use Permit 2021-UP-3 to allow continued outdoor staging of Google buses with a revised schedule for bus trips, with operations generally 4 am to 10 pm, versus the previous schedule of 3 to 7 am and 3 to 9 pm; and
WHEREAS, on April 14th, 2022, the Planning Commission conducted a hearing to consider both revocation and the applicant’s requested modification of Interim Use Permit 2021- UP-3, at which time any person interested in the matter was given an opportunity to be heard; and WHEREAS, following the public hearing, the Planning Commission denied the requested modification and revoked the interim use permit 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”; and
WHEREAS, Eric Aronsohn appealed the Planning Commission’s decisions to deny the requested modification and to revoke the permit to the City Council; and WHEREAS, City Council held duly noticed public hearings on May 19th, 2022 and July 7 th, 2022 on the appeals, at which time any person interested in the matter was given an opportunity to be heard; and
WHEREAS, the City Council of the City of Brisbane hereby makes the findings attached herein as Exhibit A in connection with the Interim Use Permit.
NOW THEREFORE, BE IT RESOLVED by the City Council that:
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Section 1.
C. The above recitals are true and correct and incorporated herein by reference as if set forth in full.
D. The City Council hereby affirms the Planning Commission’s decisions to revoke Interim Use Permit 2021-UP-2 and deny the requested modification, given violation of Condition #4, as indicated by the Planning Commission and traffic safety concerns that this raises.
Section 2.
This Resolution shall take effect within 30 days of its adoption. That effective date being August 6 th, 2022.
_______________
COLEEN MACKIN, Mayor
I hereby certify that the foregoing Resolution No. 2022-XX was duly and regularly adopted at the regular meeting of the Brisbane City Council on July 7th, 2022 by the following vote:
AYES:
NOES:
ABSENT:
_______________
INGRID PADILLA, City Clerk
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May 19, 2022
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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May 19, 2022
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 44 95
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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 484
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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
495
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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
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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Randy Breault, City of Brisbane
May 9, 2022
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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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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Randy Breault, City of Brisbane
May 9, 2022
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 1458
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Randy Breault, City of Brisbane
May 9, 2022
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. 1559
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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
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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
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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
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Attachment D: Tunnel Avenue
Hourly Speed Data
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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
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120
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Attachment E: Federal Highway
Administration Vehicle
Classification Descriptions
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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
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* 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
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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
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* 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. 3377
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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
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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, 3579
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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. 3680
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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 3781
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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 3882
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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. 3983
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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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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.
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For the Meeting of 10/28/2021
ATTACHMENT 8.A
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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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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 C.3
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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. 5797
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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 5898
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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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ATTACHMENT A.5
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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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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
10/10/19 Meeting