Agenda packet — Brisbane City Council, December 8, 2022 (part 2 of 2)

In December 2022, the City completed negotiations and reached an agreement with all of the employee bargaining groups outlining wages, benefits and working conditions for each respective group. Staff will post the approved labor/employment agreements and associated salary information on the City’s website to provide the public with access to this information at https://www.brisbaneca.org/hr/page/labor-agreements and https://www.brisbaneca.org/hr/page/salary-information
Discussion
Staff is presenting for adoption tonight the pay schedule increases for the upcoming FY 2022-23 effective the first full pay period in January 2023. The summary of the updates to the master pay schedule are as follows:
• Confidential Management Employees: The classifications in this group will receive a 3% pay increase and the current filled positions in this classification and their respective top step pay rates include: Assistant City Manager at $127.12 per hour and Finance Director at $105.78 per hour.
• Executive Management: The classifications in this group will receive a 3% pay increase and the current filled positionsin this classification and their respective top step pay rates include:

City Clerk at $68.54 per hour, Community Development Director at $106.91 per hour, Parks and Recreation Director at $101.93 per hour and Public Works Director/City Engineer at $125.15 per hour.
• Police Chief: This classification will receive a 3% pay increase and the new pay rate will be $124.73 per hour at the top step.
• The following bargaining groups will also receive a 3% pay increase: Brisbane Fire Management, Confidential Employees, General Employees Association, International Association of Firefighters, Local 2400, Mid-Management/Professional Employees, Police Commander.

Historically, the City Council has approved pay increases for hourly unrepresented employees that mirror the pay increases of represented bargaining groups. In order to continue this practice, staff is requesting Council to approve for this fiscal year a similar 3% increase to the pay scales for hourly employees, with the exception of the Intern, Habitat Restoration Lead Worker and Special Assistant positions to ensure the hourly employees are compensated appropriately and their compensation kept in line with their fellow employees in the bargaining units. Staff is also recommending that hourly pay step scales that are currently below the scheduled January 2023 minimum wage increase have their starting step (Step A) be set at $15.50 per hour and additional steps (Grades B to E) be adjusted in increments of 5% accordingly, so that minimum wage requirement is met.

Staff recommends City Council approves the attached resolutions, so that the City is in compliance with GC Section 20636 and CCR section 570.5, and able to work towards retaining and attracting the quality and expertise of staff required by Council and the community. 232
B.

Approval of Resolutions Adopting Pay Schedules and Master Pay Schedules for Fiscal Year 2022-23.

Page 3 of 3 ends

Fiscal Impact
These increases are reflected in the FY 2022-23 budget.

Measure of Success
The City is able to recruit and retain a qualified, stable and dedicated workforce.

Attachments

1. CalPERS Circular Letter 200 500 16 Agreement

2. Resolutions 2022-XX through 2022-XX
________________________
Abby Partin, HR Administrator Clay Holstine, City Manager 233
B.

California Public Employees’ Retirement System
P.O. Box 942715
Sacramento, CA 94229-2715
(888) CalPERS (or 888-225-7377)
TTY: (877) 249-7442
www.calpers.ca.gov

Circular Letter: 200-050-16
Distribution: IV, V, VI, X, XII, XVI
Circular Letter November 4, 2016
TO: ALL CALPERS EMPLOYERS
SUBJECT: STATUTORY AND REGULATORY REQUIREMENTS FOR COMPENSATION

EARNABLE AND PUBLICLY AVAILABLE PAY SCHEDULES
Accurate Payroll reporting is crucial for providing accurate member benefits. The purpose of this letter is to remind employers of the requirements for compensation earnable and publicly available pay schedules.

Compensation Earnable
Only those pay amounts that meet the definition of compensation earnable are used when calculating retirement benefits. For more information about compensation earnable, please refer to the Public Employees’ Retirement Law (PERL) Government Code (GC) sections 20636 and 20636.1 which define compensation earnable for State, School, and Public Agency members. Compensation earnable is further clarified by California Code of Regulations (CCR) Section 570.5.

All employers must comply with the compensation earnable provisions and corresponding regulations of the PERL. Where employers fail to comply, pay amounts will be determined to not constitute payrate, and accordingly, CalPERS will be unable to use such pay amounts when calculating members’ retirement benefits.

Requirement for Publicly Available Pay Schedules
To meet the definition of compensation earnable, an amount of pay must either constitute payrate or special compensation as defined in the statutes. GC section 20636(d) further requires that payrate and special compensation schedules, ordinances, or similar documents are public records.

Employers must review their pay schedules to verify that all members’ pay amounts are included within a publicly available pay schedule.
234
B.

Circular Letter: 200-050-16
November 4, 2016

Page 2 ends

Compensation Earnable Government Codes
GC section 20636(b)(1) (applicable to Public Agency members) and 20636.1(b)(1) (applicable to School members) require pay amounts to be paid pursuant to publicly available pay schedules.

For example, GC section 20636 (b)(1) states:
“Payrate means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. “Payrate,” for a member who is not in a group or class, means the monthly rate of pay or base pay of the member, paid in cash and pursuant to publicly available pay schedules, for services rendered on a full-time basis during normal working hours, subject to the limitations of paragraph (2) of subdivision (e).” CCR 570.5 specifies the required elements necessary to meet the definition of a publicly available pay schedule as follows:
(a) For purposes of determining the amount of “compensation earnable” pursuant to GC sections 20630, 20636, and 20636.1, payrate shall be limited to the amount listed on a pay schedule that meets all of the following requirements:
(1) Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws; (2) Identifies the position title for every employee position; (3) Shows the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
(4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; (5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
(6) Indicates an effective date and date of any revisions; (7) Is retained by the employer and available for public inspection for not less than five years; and
(8) Does not reference another document in lieu of disclosing the payrate.

All eight (8) requirements must be met in one salary schedule for each member’s pay, in order for CalPERS to approve the pay amount as payrate and reportable compensation earnable. 235
B.

Circular Letter: 200-050-16
November 4, 2016

Page 3 ends

Publicly Available Pay Schedules Government Code
If an agency cannot provide a document meeting the requirements for a publicly available pay schedule, then CalPERS must determine that the pay amount fails to meet the definition of payrate. CCR 570.5 (b)(1)-(4) outlines the process by which CalPERS may determine a member’s payrate when there is no publicly available pay schedule provided.

CCR 570.5 (b) states:
(b) Whenever an employer fails to meet the requirements of subdivision (a) above, the Board, in its sole discretion, may determine an amount that will be considered to be payrate, taking into consideration all information it deems relevant including, but not limited to, the following:
(1) Documents approved by the employer’s governing body in accordance with requirements of public meetings laws and maintained by the employer; (2) Last payrate listed on a pay schedule that conforms to the requirements of subdivision (a) with the same employer for the position at issue; (3) Last payrate for the member that is listed on a pay schedule that conforms with the requirements of subdivision (a) with the same employer for a different position;
(4) Last payrate for the member in a position that was held by the member and that is listed on a pay schedule that conforms with the requirements of subdivision (a) of a former CalPERS employer.

For assistance or questions, please direct your inquiries to the CalPERS Customer Contact Center at 888 CalPERS (or 888-225-7377).

Renee Ostrander, Chief
Employer Account Management Division
236
B.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING THE PAY SCHEDULE FOR THE

CONFIDENTIAL EMPLOYEES GROUP
WHEREAS, on December 8, 2022, the City Council approved Resolution 2022- XX concerning the Memorandum of Understanding between the City of Brisbane and the Confidential Employees Group ; and
WHEREAS, that Memorandum of Understanding between the City of Brisbane and the Confidential Employees Group provides for wage increases of 3.0% effective the first payroll period in January 2023; and
WHEREAS, a new pay schedule for the Confidential Management Group must be adopted that reflect the increase.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The pay schedule for the Confidential Employees Group is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.

Section 1. Resolution Number 2000-04 is
_________________
Coleen Mackin, Mayor
I hereby certify that the foregoing Resolution No. 2022-XX was duly and regularly adopted at a special meeting of the Brisbane City Council on December 8, 2022, by the following vote:

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
237
B.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase Confidential Employees Group
Job Title Step A Step B Step C Step D Step E
Administrative Monthly 7,807.25 8,195.49 8,607.27 9,035.51 9,489.64 Management Analyst Bi-Weekly 3,603.34 3,782.53 3,972.58 4,170.24 4,379.83 Hourly 45.04 47.28 49.66 52.13 54.75
Deputy City Clerk/ Monthly 7,348.41 7,715.48 8,101.37 8,508.44 8,931.98 Executive Assistant Bi-weekly 3,391.57 3,560.99 3,739.09 3,926.97 4,122.45 Hourly 42.39 44.51 46.74 49.09 51.53
Human Resources Monthly 12,609.46 13,240.23 13,902.54 14,598.35 15,327.68 Administrator Bi-weekly 5,819.75 6,110.88 6,416.56 6,737.70 7,074.31 Hourly 72.75 76.39 80.21 84.22 88.43
Senior Human Monthly 8,722.56 9,157.87 9,616.70 10,096.71 10,600.25 Resources Analyst Bi-weekly 4,025.80 4,226.71 4,438.48 4,660.02 4,892.43 Hourly 50.32 52.83 55.48 58.25 61.16
238
B.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING THE PAY SCHEDULE FOR THE

CONFIDENTIAL MANAGEMENT GROUP
WHEREAS, on December 8, 2022, the City Council approved Resolution 2022- XX concerning the Memorandum of Understanding between the City of Brisbane and the Confidential Management Group ; and
WHEREAS, that Memorandum of Understanding between the City of Brisbane and the Confidential Management Group provides for wage increases of 3.0% effective the first payroll period in January 2023; and
WHEREAS, a new pay schedule for the Confidential Management Group must be adopted that reflect the increase.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The pay schedule for the Confidential Management Group is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
239
B.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase Confidential Management Group
Job Title Step A Step B Step C Step D Step E
Administrative Services Monthly 15,762.84 16,549.42 17,378.57 18,245.82 19,160.12 Director Bi-Weekly 7,275.16 7,638.19 8,020.88 8,421.15 8,843.13 Hourly 90.94 95.48 100.26 105.26 110.54
Assistant City Manager Monthly 18,127.27 19,031.83 19,985.35 20,982.69 22,034.14 Bi-Weekly 8,366.43 8,783.92 9,224.01 9,684.32 10,169.60 Hourly 104.58 109.80 115.30 121.05 127.12
Finance Director Monthly 15,086.08 15,839.04 16,632.33 17,465.97 18,335.45 Bi-Weekly 6,962.80 7,310.32 7,676.46 8,061.21 8,462.52
Hourly 87.04 91.38 95.96 100.77 105.78
Special Council Hourly 175.04
Major Development Projects
240
B.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING THE PAY SCALE FOR THE

EXECUTIVE MANAGEMENT GROUP
WHEREAS, on December 8, 2022, the City Council approved Resolution 2022- XX concerning the Memorandum of Understanding between the City of Brisbane and the Executive Management Group; and
WHEREAS, that Memorandum of Understanding between the City of Brisbane and the Executive Management Group provides for wage increase of 3.0% effective the first payroll period in January 2023; and
WHEREAS, a new pay schedule for the Executive Management Group must be adopted that reflect the increase,
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The pay schedule for the Executive Management Group is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.

Section 1. Resolution Number 2000-04 is
_________________

Coleen Mackin, Mayor
I hereby certify that the foregoing Resolution No. 2022-XX was duly and regularly adopted at a special meeting of the Brisbane City Council on December 8, 2022, by the following vote:

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
241
B.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase Executive Management Group
Job Title Step A Step B Step C Step D Step E
Assistant to the City Manager Monthly 12,078.72 12,681.54 13,317.97 13,981.29 14,682.71 Bi-weekly 5,574.79 5,853.02 6,146.75 6,452.90 6,776.63
Hourly 69.68 73.16 76.83 80.66 84.71
City Clerk Monthly 9,773.88 10,263.27 10,775.86 11,316.27 11,879.88 Bi-weekly 4,511.02 4,736.89 4,973.47 5,222.89 5,483.02
Hourly 56.39 59.21 62.17 65.29 68.54
Community Development Monthly 15,242.94 16,004.87 16,807.13 17,647.48 18,530.42 Director Bi-weekly 7,035.20 7,386.86 7,757.14 8,144.99 8,552.50 Hourly 87.94 92.34 96.96 101.81 106.91
Director of Marina and Monthly 10,117.89 10,624.34 11,155.45 11,713.45 12,298.33 Aquatic Services Bi-weekly 4,669.80 4,903.54 5,148.67 5,406.21 5,676.15 Hourly 58.37 61.29 64.36 67.58 70.95
Marina Services Director Monthly 9,456.81 9,929.65 10,427.14 10,947.04 11,496.07 Bi-weekly 4,364.68 4,582.92 4,812.53 5,052.48 5,305.88
Hourly 54.56 57.29 60.16 63.16 66.32
Parks & Recreation Director Monthly 14,534.80 15,263.11 16,025.03 16,825.05 17,667.65 Bi-weekly 6,708.37 7,044.51 7,396.17 7,765.41 8,154.30
Hourly 83.85 88.06 92.45 97.07 101.93
Public Works Director/ Monthly 17,846.93 18,738.82 19,673.30 20,659.32 21,692.40 City Engineer Bi-weekly 8,237.04 8,648.69 9,079.99 9,535.07 10,011.88 Hourly 102.96 108.11 113.50 119.19 125.15
242
B.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BRISBANE CONCERNING

THE PAY SCALE FOR THE BRISBANE FIRE MANAGEMENT
WHEREAS, on December 8, 2022, the City Council approved Resolution 2020- XX concerning the Memorandum of Understanding between the City of Brisbane and the Brisbane Fire Management; and
WHEREAS, that Memorandum of Understanding between the City of Brisbane and the Brisbane Fire Management provides for wage increases of 3.0% effective the first payroll period in January 2023; and
WHEREAS, a new pay schedule for the Brisbane Fire Management must be adopted that reflect the increase.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The pay schedule for Brisbane Fire Management is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
243
B.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A
3% Increase Brisbane Fire Management
Job Title Step A Step B Step C Step D Step E
Assistant Fire Marshal Monthly 13,558.14 14,236.04 14,947.85 15,695.24 16,480.00 Bi-weekly 6,257.60 6,570.48 6,899.01 7,243.96 7,606.15
Hourly 78.22 82.13 86.24 90.55 95.08
244
B.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING THE PAY SCHEDULE FOR THE

GENERAL EMPLOYEES ASSOCIATION GROUP
WHEREAS, on December 8, 2022, the City Council approved Resolution 2022- XX concerning the Memorandum of Understanding between the City of Brisbane and the General Employees Association; and
WHEREAS, that Memorandum of Understanding between the City of Brisbane and the General Employees Association provides for wage increases of 3.0% effective the first full pay period in January 2023; and
WHEREAS, a new pay schedule for the General Employees Association must be adopted that reflect the increase.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The pay schedule for the General Employees Association is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.

Section 1. Resolution Number 2000-04 is
_________________

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
245
B.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase General Employees Unit
Job Title Step A Step B Step C Step D Step E
Accounting Assistant I Monthly 4,636.53 4,869.58 5,113.85 5,369.32 5,638.23 Bi-weekly 2,139.93 2,247.50 2,360.24 2,478.15 2,602.26
Hourly 26.75 28.09 29.50 30.98 32.53
Accounting Assistant II Monthly 5,104.88 5,360.35 5,629.27 5,909.39 6,205.19 Bi-weekly 2,356.10 2,474.01 2,598.12 2,727.41 2,863.93
Hourly 29.45 30.93 32.48 34.09 35.80
Accounting Systems Analyst Monthly 7,009.82 7,378.76 7,747.70 8,135.09 8,541.84 Bi-weekly 3,235.30 3,405.58 3,575.86 3,754.66 3,942.39
Hourly 40.44 42.57 44.70 46.93 49.28
Administrative Assistant Monthly 6,133.48 6,440.49 6,760.95 7,099.33 7,455.64 Bi-weekly 2,830.84 2,972.53 3,120.44 3,276.61 3,441.07
Hourly 35.39 37.16 39.01 40.96 43.01
Assistant Engineer I Monthly 7,141.91 7,500.46 7,874.70 8,269.11 8,681.44 Bi-weekly 3,296.27 3,461.75 3,634.48 3,816.51 4,006.82
Hourly 41.20 43.27 45.43 47.71 50.09
Assistant Engineer II Monthly 7,856.77 8,246.70 8,661.27 9,093.78 9,548.69 Bi-weekly 3,626.20 3,806.17 3,997.51 4,197.13 4,407.09
Hourly 45.33 47.58 49.97 52.46 55.09
Associate Planner Monthly 8,264.62 8,679.20 9,113.94 9,568.86 10,048.42 Bi-weekly 3,814.44 4,005.78 4,206.44 4,416.40 4,637.73
Hourly 47.68 50.07 52.58 55.20 57.97
Code Enforcement Officer Monthly 6,665.01 6,998.52 7,347.42 7,714.28 8,101.66 Bi-weekly 3,076.16 3,230.09 3,391.12 3,560.44 3,739.23
Hourly 38.45 40.38 42.39 44.51 46.74
Communications and Digital Monthly 6,258.97 6,570.47 6,899.89 7,244.99 7,605.78 Media Coordinator Bi-weekly 2,888.76 3,032.52 3,184.56 3,343.84 3,510.36 Hourly 36.11 37.91 39.81 41.80 43.88
Community Development Monthly 6,258.97 6,570.47 6,899.89 7,244.99 7,605.78 Technician Bi-weekly 2,888.76 3,032.52 3,184.56 3,343.84 3,510.36 Hourly 36.11 37.91 39.81 41.80 43.88
246
B.

Community Service Officer Monthly 5,455.79 5,808.54 6,098.97 6,403.92 6,723.39 Bi-weekly 2,518.06 2,680.87 2,814.91 2,955.65 3,103.10
Hourly 31.48 33.51 35.19 36.95 38.79
Engineering Technician Monthly 6,884.20 7,229.30 7,590.10 7,966.58 8,367.71 Bi-weekly 3,177.32 3,336.60 3,503.12 3,676.88 3,862.02
Hourly 39.72 41.71 43.79 45.96 48.28
Executive Admininistrative Monthly 6,357.58 6,673.55 7,007.45 7,359.28 7,726.80 Assistant Bi-weekly 2,934.27 3,080.10 3,234.21 3,396.59 3,566.21 Hourly 36.68 38.50 40.43 42.46 44.58
Human Resources Technician Monthly 6,258.97 6,570.47 6,899.89 7,244.99 7,605.78 Bi-weekly 2,888.76 3,032.52 3,184.56 3,343.84 3,510.36
Hourly 36.11 37.91 39.81 41.80 43.88
Marina Maintenance Worker I Monthly 5,367.08 5,633.75 5,916.11 6,211.91 6,523.41 Bi-weekly 2,477.11 2,600.19 2,730.51 2,867.04 3,010.80
Hourly 30.96 32.50 34.13 35.84 37.64
Marina Maintenance Worker II Monthly 5,902.66 6,196.23 6,507.72 6,830.42 7,173.28 Bi-weekly 2,724.31 2,859.80 3,003.56 3,152.50 3,310.75
Hourly 34.05 35.75 37.54 39.41 41.38
Office Assistant Monthly 4,918.89 5,156.43 5,414.14 5,685.29 5,972.13 Bi-weekly 2,270.25 2,379.89 2,498.83 2,623.98 2,756.37
Hourly 28.38 29.75 31.24 32.80 34.45
Office Specialist Monthly 5,765.96 6,052.81 6,357.58 6,673.55 7,007.45 Bi-weekly 2,661.21 2,793.60 2,934.27 3,080.10 3,234.21
Hourly 33.27 34.92 36.68 38.50 40.43
Parks/Facilities Maintenance Monthly 5,367.08 5,633.75 5,916.11 6,211.91 6,523.41 Maintenance Worker I Bi-weekly 2,477.11 2,600.19 2,730.51 2,867.04 3,010.80 Hourly 30.96 32.50 34.13 35.84 37.64
Parks/Facilities Maintenance Monthly 5,902.66 6,196.23 6,507.72 6,830.42 7,173.28 Maintenance Worker II Bi-weekly 2,724.31 2,859.80 3,003.56 3,152.50 3,310.75 Hourly 34.05 35.75 37.54 39.41 41.38
Payroll and Utility Billing Monthly 6,258.97 6,570.47 6,899.89 7,244.99 7,605.78 Technician Bi-weekly 2,888.76 3,032.52 3,184.56 3,343.84 3,510.36 Hourly 36.11 37.91 39.81 41.80 43.88
247
B.

Public Works Inspector Monthly 8,806.93 9,248.40 9,710.04 10,194.08 10,705.02 Bi-weekly 4,064.74 4,268.49 4,481.56 4,704.96 4,940.78
Hourly 50.81 53.36 56.02 58.81 61.76
Public Works Lead Maintenance Monthly 7,083.64 7,437.71 7,807.47 8,199.64 8,607.49 Worker Bi-weekly 3,269.37 3,432.79 3,603.45 3,784.45 3,972.69 Hourly 40.87 42.91 45.04 47.31 49.66
Public Works Maintenance Monthly 5,367.08 5,633.75 5,916.11 6,211.91 6,523.41 Worker I Bi-weekly 2,477.11 2,600.19 2,730.51 2,867.04 3,010.80 Hourly 30.96 32.50 34.13 35.84 37.64
Public Works Maintenance Monthly 5,902.66 6,196.23 6,507.72 6,830.42 7,173.28 Worker II Bi-weekly 2,724.31 2,859.80 3,003.56 3,152.50 3,310.75 Hourly 34.05 35.75 37.54 39.41 41.38
Receptionist Monthly 4,912.16 5,156.43 5,414.14 5,685.29 5,972.13 Bi-weekly 2,267.15 2,379.89 2,498.83 2,623.98 2,756.37
Hourly 28.34 29.75 31.24 32.80 34.45
Recreation Program Coordinator Monthly 5,447.93 5,813.38 6,103.81 6,408.76 6,728.23 Bi-weekly 2,514.43 2,683.10 2,817.14 2,957.89 3,105.34
Hourly 31.43 33.54 35.21 36.97 38.82
Senior Accounting Assistant Monthly 5,781.65 6,072.97 6,375.50 6,695.96 7,027.62 Bi-weekly 2,668.45 2,802.91 2,942.54 3,090.44 3,243.52
Hourly 33.36 35.04 36.78 38.63 40.54
Water Quality Technician Monthly 5,902.66 6,196.23 6,507.72 6,830.42 7,173.28 Bi-weekly 2,724.31 2,859.80 3,003.56 3,152.50 3,310.75
Hourly 34.05 35.75 37.54 39.41 41.38
248
B.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING THE PAYSCALE FOR THE

HOURLY EMPLOYEES GROUP
WHEREAS, the City Manager has recommended the following salary adjustments to the pay plan for hourly employees:
1) Effective the first full payroll period in January 2023, all classifications on the Hourly Employees pay scale will be adjusted by 3.0%, with the exception of Habitat Restoration Lead Worker, Intern and Special Assistant, and 2) Effective the first full payroll period in January 2023, the classifications of Cashier, Crossing Guard, Recreation Leader Aide, and Special Assistant will have the following pay scale to meet the January 2023 minimum wage increase:

Job Title Step A Step B Step C Step D Step E
Cashier Hourly $15.50 $16.28 $17.09 $17.94 $18.84
Crossing Guard Hourly $15.50 $16.28 $17.09 $17.94 $18.94 Recreation Leader Aide Hourly $15.50 $16.28 $17.09 $17.94 $18.94 Special Assistant Hourly Minimum $15.50 Maximum $75.00
3) The terms of this Resolution shall be subject to review and modification if the State of California or the Federal government through executive or legislative action substantially affects the ability of the City to provide funding for City Council adopted services. This review and modification may also be exercised in the event there is a recession (as declared by the National Bureau of Economic Research); WHEREAS, a new pay scale for such classifications must be adopted effective the first payroll period in January 2023 to reflect these increases.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The pay schedule for the classifications described in this Resolution is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.

Section 1. Resolution Number 2000-04 is
_________________

Coleen Mackin, Mayor
249
B.

I hereby certify that the foregoing Resolution No. 2022-XX was duly and regularly adopted at a special meeting of the Brisbane City Council on December 8, 2022, by the following vote:

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
250
B.

Effective Date: 01/02/2023 CITY OF BRISBANE EXHIBIT A
3% and Minimum Wage Increase Hourly Employees
Job Title Step A Step B Step C Step D Step E
Cashier Hourly 15.50 16.28 17.09 17.94 18.84
Crossing Guard Hourly 15.50 16.28 17.09 17.94 18.84
Facility Attendant Hourly 18.20 19.11 20.07 21.07 22.12 Habitat Restoration Lead Worker Hourly 15.50
Head Lifeguard Hourly 21.82 22.92 24.06 25.28 26.53
History Project Assistant Hourly 36.94 38.79 40.72 42.75 44.90 Intern Hourly Minimum 15.50 Maximum 20.00
Lifeguard Hourly 16.56 17.39 18.26 19.17 20.12
Management Analyst (PT) Hourly 40.84 42.90 45.03 47.28 49.65 Marina Maintenance Worker I (PT) Hourly 31.57 33.15 34.80 36.56 38.38 Marina Maintenance Worker II (PT) Hourly 34.71 36.48 38.27 40.17 42.21 Office Assistant Hourly 28.90 30.33 31.84 33.46 35.13
Office Specialist Hourly 33.94 35.62 37.40 39.28 41.24
Parks/Facilities Maintenance Worker I (PT) Hourly 31.57 33.15 34.80 36.56 38.38 Pre-School Teacher Hourly 18.31 19.24 20.19 21.22 22.28 Police Trainee Hourly 34.80
Public Service Aide Hourly 16.29 17.12 17.96 18.85 19.81 Public Works Maintenance Worker I (PT) Hourly 31.57 33.15 34.80 36.56 38.38 Receptionist Hourly 28.90 30.33 31.84 33.46 35.13
Recreation Leader Hourly 18.28 19.19 20.16 21.16 22.22
Recreation Leader Aide Hourly 15.50 16.28 17.09 17.94 18.84 Reserve Police Officer Hourly 33.59 35.27 37.03 38.88 40.83 Senior Recreation Leader Hourly 23.46 24.63 25.86 27.15 28.52 Special Assistant Hourly Minimum 15.50 Maximum 75.00
Swim Instructor Hourly 18.06 18.97 19.92 20.92 21.97
Teen Coordinator Hourly 18.69 19.62 20.61 21.64 22.72
Van Driver Hourly 16.99 17.85 18.75 19.69 20.67
251
B.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING THE PAY SCHEDULE FOR THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 2400, AFL-CIO WHEREAS, on December 8, 2022, the City Council approved Resolution 2022- XX concerning the Memorandum of Understanding between the City of Brisbane and the International Association of Firefighters, Local 2400, AFL-CIO; and WHEREAS, that Memorandum of Understanding between the City of Brisbane and the International Association of Firefighters, Local 2400, AFL-CIO provides for wage increase of 3.0% effective the first payroll period in January 2023; and WHEREAS, a new pay schedule for the International Association of Firefighters, Local 2400, AFL-CIO must be adopted that reflect the increase.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The pay schedule for the International Association of Firefighters, Local 2400, AFL-CIO, is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.

Section 1. Resolution Number 2000-04 is
_________________

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
252
B.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase International Assoc. of Firefighters, Local 2400 Job Title Step A Step B Step C Step D Step E
Firefighter Monthly 8732.87567 9,169.03 9,627.49 10,105.05 10,611.25 Bi-weekly 4,030.56 4,231.86 4,443.46 4,663.87 4,897.50
Hourly 35.99 37.78 39.67 41.64 43.73
Firefighter II Monthly 9,606.16 10,085.93 10,590.23 11,115.56 11,672.37 Bi-weekly 4,433.61 4,655.05 4,887.80 5,130.26 5,387.25
Hourly 39.59 41.56 43.64 45.81 48.10
Firefighter/Paramedic Monthly 8,732.88 9,169.03 9,627.49 10,105.05 10,611.25 Bi-weekly 4,030.56 4,231.86 4,443.46 4,663.87 4,897.50
Hourly 35.99 37.78 39.67 41.64 43.73
Firefighter/Paramedic II Monthly 9,606.16 10,085.93 10,590.23 11,115.56 11,672.37 Bi-weekly 4,433.61 4,655.05 4,887.80 5,130.26 5,387.25
Hourly 39.59 41.56 43.64 45.81 48.10
Monthly 10,436.14 10,955.08 11,505.86 12,078.92 12,683.85 Fire Captain Bi-weekly 4,816.68 5,056.19 5,310.40 5,574.89 5,854.09 Hourly 43.01 45.14 47.41 49.78 52.27
Monthly 8,732.88 9,649.76 10,130.97 10,635.81 11,167.94 Fire Prevention Officer Bi-weekly 4,030.56 4,453.73 4,675.83 4,908.83 5,154.43 Hourly 50.38 55.67 58.45 61.36 64.43
Monthly 4343.32
Fire Trainee Bi-weekly 2,004.61
Hourly 25.06
1 - Hourly wage for Firefighter, Firefighter/Paramedic and Fire Captain are calculated on a 56-hour workweek. 2 - Hourly wage for Fire Prevention Officer and Fire Trainee is calculated on a 40-hour workweek. 3 - Base Salary includes holiday compensation at the rate of 6.0% for Firefighter & Firefighter/Paramedic. 253
B.
8478.528 8901.844 9347.073 9810.732 10302.18
8478.528 8901.844 9347.073 9810.732 10302.18
10132.17 10632.66 11170.73 11727.1 12314.42
8919.639 9368.694 9835.894 10326.03 10842.66
4216.672
254
B.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING THE PAY SCHEDULE FOR THE

MID-MANAGEMENT/PROFESSIONAL EMPLOYEES GROUP
WHEREAS, on December 8, 2022, the City Council approved Resolution 2022- XX concerning the Memorandum of Understanding between the City of Brisbane and the Mid-Management/Professional Employees Group; and
WHEREAS, that Memorandum of Understanding between the City of Brisbane and the Mid-Management/Professional Employees Group provides for wage increases of 3.0% effective the first full payroll period in January 2023; and WHEREAS, a new pay schedule for the Mid-Management/Professional Employees Group must be adoptedthat reflect the increase.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The pay schedule for the Mid-Management/Professional Employees Group is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.

Section 1. Resolution Number 2000-04 is
_________________

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
255
B.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase Mid-Management/Professional
Job Title Step A Step B Step C Step D Step E
Associate Civil Engineer Monthly 9,354.78 9,820.67 10,311.93 10,828.57 11,370.57 Bi-weekly 4,317.59 4,532.62 4,759.35 4,997.80 5,247.96
Hourly 53.97 56.66 59.49 62.47 65.60
C/CAG Stormwater Program Director Monthly 12,357.46 12,975.63 13,624.70 14,306.61 15,021.36 Bi-weekly 5,703.44 5,988.75 6,288.32 6,603.05 6,932.94
Hourly 71.29 74.86 78.60 82.54 86.66
Communications Manager Monthly 9,131.05 9,610.79 10,115.89 10,648.67 11,209.12 Bi-weekly 4,214.33 4,435.75 4,668.87 4,914.77 5,173.44
Hourly 52.68 55.45 58.36 61.43 64.67
Deputy Director of Public Works Monthly 13,806.14 14,495.75 15,222.27 15,983.38 16,781.40 Bi-weekly 6,372.06 6,690.35 7,025.66 7,376.94 7,745.26
Hourly 79.65 83.63 87.82 92.21 96.82
Deputy Finance Director Monthly 12,357.46 12,975.63 13,624.70 14,306.61 15,021.36 Bi-weekly 5,703.44 5,988.75 6,288.32 6,603.05 6,932.94
Hourly 71.29 74.86 78.60 82.54 86.66
Financial Services Manager Monthly 10,674.04 11,206.82 11,767.27 12,357.71 12,975.83 Bi-weekly 4,926.48 5,172.38 5,431.05 5,703.56 5,988.84
Hourly 61.58 64.65 67.89 71.29 74.86
Geographic Information Systems Monthly 9,131.05 9,610.79 10,115.89 10,648.67 11,209.12 Manager Bi-weekly 4,214.33 4,435.75 4,668.87 4,914.77 5,173.44 Hourly 52.68 55.45 58.36 61.43 64.67
Harbormaster Monthly 8,607.50 9,036.49 9,488.55 9,963.67 10,461.85 Bi-weekly 3,972.69 4,170.69 4,379.33 4,598.61 4,828.55
Hourly 49.66 52.13 54.74 57.48 60.36
Information Technology & Monthly 9,410.13 9,880.64 10,374.21 10,893.15 11,439.76 Systems Administrator Bi-weekly 4,343.14 4,560.29 4,788.09 5,027.61 5,279.89 Hourly 54.29 57.00 59.85 62.85 66.00
Principal Planner Monthly 11,631.20 12,212.41 12,823.61 13,464.79 14,138.26 Bi-weekly 5,368.24 5,636.50 5,918.59 6,214.52 6,525.35
Hourly 67.10 70.46 73.98 77.68 81.57
Program Manager - San Mateo Monthly 11,504.34 12,080.94 12,685.22 13,319.48 13,986.03 Countywide Water Pollution Bi-weekly 5,309.70 5,575.82 5,854.72 6,147.45 6,455.09 Prevention Program Hourly 66.37 69.70 73.18 76.84 80.69 256
B.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase Mid-Management/Professional
Job Title Step A Step B Step C Step D Step E
Public Works Superintendent Monthly 11,448.99 12,020.98 12,622.95 13,254.90 13,916.84 Bi-Weekly 5,284.15 5,548.14 5,825.98 6,117.65 6,423.16
Hourly 66.05 69.35 72.82 76.47 80.29
Public Works Supervisor Monthly 8,750.50 9,188.71 9,647.69 10,129.73 10,637.14 Bi-Weekly 4,038.69 4,240.94 4,452.78 4,675.26 4,909.45
Hourly 50.48 53.01 55.66 58.44 61.37
Public Works Team Leader Monthly 7,938.64 8,356.10 8,796.63 9,260.21 9,746.86 Bi-Weekly 3,663.99 3,856.66 4,059.98 4,273.94 4,498.55
Hourly 45.80 48.21 50.75 53.42 56.23
Recreation Manager Monthly 10,768.60 11,305.99 11,871.06 12,466.11 13,088.84 Bi-weekly 4,970.12 5,218.15 5,478.95 5,753.59 6,041.00
Hourly 62.13 65.23 68.49 71.92 75.51
Recreation Supervisor Monthly 7,954.79 8,356.10 8,771.25 9,209.47 9,670.75 Bi-weekly 3,671.44 3,856.66 4,048.27 4,250.53 4,463.42
Hourly 45.89 48.21 50.60 53.13 55.79
Regional Compliance Program Manager Monthly 9,131.05 9,610.79 10,115.89 10,648.67 11,209.12 (Maintenance Program Manager) Bi-weekly 4,214.33 4,435.75 4,668.87 4,914.77 5,173.44 Hourly 52.68 55.45 58.36 61.43 64.67
Senior Civil Engineer Monthly 11,504.34 12,080.94 12,685.22 13,319.48 13,986.03 Bi-weekly 5,309.70 5,575.82 5,854.72 6,147.45 6,455.09
Hourly 66.37 69.70 73.18 76.84 80.69
Senior Management Analyst Monthly 8,549.84 8,976.53 9,426.27 9,896.78 10,390.35 Bi-weekly 3,946.08 4,143.01 4,350.59 4,567.74 4,795.55
Hourly 49.33 51.79 54.38 57.10 59.94
Senior Planner Monthly 9,836.81 10,328.08 10,844.71 11,389.02 11,956.40 Bi-weekly 4,540.07 4,766.81 5,005.25 5,256.47 5,518.34
Hourly 56.75 59.59 62.57 65.71 68.98
Sustainability Manager Monthly 9131.054 9610.786 10115.89 10648.67 11209.12 Bi-weekly 4214.333 4435.747 4668.872 4914.77 5173.442
Hourly 52.68 55.45 58.36 61.43 64.67
257
B.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BRISBANE CONCERNING

THE PAY SCHEDULE FOR THE POLICE CHIEF
WHEREAS, on December 8, 2022, the City Council approved Resolution 2022- XX concerning the Memorandum of Understanding between the City of Brisbane and the Police Chief; and
WHEREAS, that Memorandum of Understanding between the City of Brisbane and the Police Chief provides for wage increase of 3.0% effective the first payroll period in January 2023; and
WHEREAS, a new pay schedule for the Police Chief must be adopted that reflect the increase.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The pay schedule for the Police Chief is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
258
B.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase Police Chief
Job Title Step A Step B Step C Step D Step E
Police Chief Monthly 17,789.13 18,677.78 19,610.29 20,593.57 21,620.71 Bi-weekly 8,210.37 8,620.51 9,050.90 9,504.72 9,978.79
Hourly 102.63 107.76 113.14 118.81 124.73
259
B.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BRISBANE CONCERNING

THE PAY SCHEDULE FOR THE POLICE COMMANDER
WHEREAS, on December 8, 2022, the City Council approved Resolution 2022- XX concerning the Memorandum of Understanding between the City of Brisbane and the Police Commander; and
WHEREAS, that Memorandum of Understanding between the City of Brisbane and the Police Commander provides for wage increase of 3.0% effective the first payroll period in January 2023; and
WHEREAS, a new pay schedule for the Police Commander must be adopted that reflect the increase.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The pay schedule for the Police Commander is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.

Section 1. Resolution Number 2000-04 is
_________________
Coleen Mackin Mayor
I hereby certify that the foregoing Resolution No. 2022-XX was duly and regularly adopted at a special meeting of the Brisbane City Council on December 8, 2022, by the following vote:

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
260
B.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase Police Commander
Job Title Step A Step B Step C Step D Step E
Police Commander Monthly 16,036.86 16,839.06 17,682.22 18,566.33 19,493.80 Bi-weekly 7,401.63 7,771.87 8,161.02 8,569.07 8,997.14
Hourly 92.52 97.15 102.01 107.11 112.46
261
B.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

ADOPTING MASTER PAY SCHEDULES

FOR ALL EMPLOYEES
WHEREAS, the City of Brisbane contracts with the California Public Employee’s Retirement System (CalPERS) to provide retirement benefits for its employees; and WHEREAS, pursuant to the California Code of Regulations, Title 2, Section 570.5 CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
WHEREAS, the pay schedule must identify the position title for every employee position, pay rate for each position title, and the applicable time base for the pay rate; and WHEREAS, the City Council of the City of Brisbane desires to approve and adopt a publicly available Master Pay Schedule, showing all established employee positions and pay rates, in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5;

WHEREAS,
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The Master Pay Schedule as set forth in Exhibit A is approved and is incorporated by reference as though fully set forth herein.

Section 1. Resolution Number 2000-
_________________

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
262
B.

Ingrid Padilla, City Clerk
263
B.

Appendix A
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Accounting Assistant I $ 26.75 $ 28.09 $ 29.50 $ 30.98 $ 32.53 1/2/2023 General Employees Non-Exempt Accounting Assistant II $ 29.45 $ 30.93 $ 32.48 $ 34.09 $ 35.80 1/2/2023 General Employees Non-Exempt Accounting Systems Analyst $ 40.44 $ 42.57 $ 44.70 $ 46.93 $ 49.28 1/2/2023 General Employees Non-Exempt Administrative Assistant $ 35.39 $ 37.16 $ 39.01 $ 40.96 $ 43.01 1/2/2023 General Employees Non-Exempt Administrative Management Analyst $ 45.04 $ 47.28 $ 49.66 $ 52.13 $ 54.75 1/2/2023 Confidential Employee Exempt Administrative Services Director $ 90.94 $ 95.48 $ 100.26 $ 105.26 $ 110.54 1/2/2023 Confidential Management Exempt Assistant Engineer I $ 41.20 $ 43.27 $ 45.43 $ 47.71 $ 50.09 1/2/2023 General Employees Non-Exempt Assistant Engineer II $ 45.33 $ 47.58 $ 49.97 $ 52.46 $ 55.09 1/2/2023 General Employees Non-Exempt Assistant City Manager $ 104.58 $ 109.80 $ 115.30 $ 121.05 $ 127.12 1/2/2023 Confidential Management Exempt Assistant to the City Manager $ 69.68 $ 73.16 $ 76.83 $ 80.66 $ 84.71 1/2/2023 Executive Management Exempt Assistant Fire Marshal $ 78.22 $ 82.13 $ 86.24 $ 90.55 $ 95.08 1/2/2023 Brisbane Fire Management Exempt Associate Civil Engineer $ 53.97 $ 56.66 $ 59.49 $ 62.47 $ 65.60 1/2/2023 Mid-Management/Professional Exempt Associate Planner $ 47.68 $ 50.07 $ 52.58 $ 55.20 $ 57.97 1/2/2023 General Employees Non-Exempt Cashier $ 15.50 $ 16.28 $ 17.09 $ 17.94 $ 18.84 1/2/2023 Unrepresented Non-Exempt C/CAG Stormwater Program Director $ 71.29 $ 74.86 $ 78.60 $ 82.54 $ 86.66 1/2/2023 Mid-Management/Professional Exempt City Clerk $ 56.39 $ 59.21 $ 62.17 $ 65.29 $ 68.54 1/2/2023 Executive Management Exempt City Manager $ - $ - $ - $ - $ - $ 138.00 4/11/2022 Unrepresented Exempt Code Enforcement Officer $ 38.45 $ 40.38 $ 42.39 $ 44.51 $ 46.74 1/2/2023 General Employees Non-Exempt Communications Digital and Media Coordinator $ 36.11 $ 37.91 $ 39.81 $ 41.80 $ 43.88 1/2/2023 General Employees Non-Exempt Communications Manager $ 52.68 $ 55.45 $ 58.36 $ 61.43 $ 64.67 1/2/2023 Mid-Management/Professional Exempt Community Development Director $ 87.94 $ 92.34 $ 96.96 $ 101.81 $ 106.91 1/2/2023 Executive Management Exempt Community Development Technician $ 36.11 $ 37.91 $ 39.81 $ 41.80 $ 43.88 1/2/2023 General Employees Non-Exempt Community Services Officer $ 31.48 $ 33.51 $ 35.19 $ 36.95 $ 38.79 1/2/2023 General Employees Non-Exempt Council Member $ - $ - $ - $ - $ - $ 400.00 1/2/2023 Elected Position Crossing Guard $ 15.50 $ 16.28 $ 17.09 $ 17.94 $ 18.84 1/2/2023 Unrepresented Non-Exempt Deputy City Clerk/Executive Assistant $ 42.39 $ 44.51 $ 46.74 $ 49.09 $ 51.53 1/2/2023 Confidential Exempt Deputy Director of Public Works $ 79.65 $ 83.63 $ 87.82 $ 92.21 $ 96.82 1/2/2023 Mid-Management/Professional Exempt Deputy Finance Director $ 71.29 $ 74.86 $ 78.60 $ 82.54 $ 86.66 1/2/2023 Mid-Management/Professional Exempt Director of Marina/Aquatics Services $ 58.37 $ 61.29 $ 64.36 $ 67.58 $ 70.95 1/2/2023 Executive Management Exempt Engineering Technician $ 39.72 $ 41.71 $ 43.79 $ 45.96 $ 48.28 1/2/2023 General Employees Non-Exempt Executive Administrative Assistant $ 36.68 $ 38.50 $ 40.43 $ 42.46 $ 44.58 1/2/2023 General Employees Non-Exempt Facility Attendant $ 18.20 $ 19.11 $ 20.07 $ 21.07 $ 22.12 1/2/2023 Unrepresented Non-Exempt Finance Director $ 87.04 $ 91.38 $ 95.96 $ 100.77 $ 105.78 1/2/2023 Confidential Management Exempt Financial Services Manager $ 61.58 $ 64.65 $ 67.89 $ 71.29 $ 74.86 1/2/2023 Mid-Management/Professional Exempt Fire Captain $ 43.01 $ 45.14 $ 47.41 $ 49.78 $ 52.27 1/2/2023 IAFF Local 2400 Non-Exempt Fire Prevention Officer $ 50.38 $ 55.67 $ 58.45 $ 61.36 $ 64.43 1/2/2023 IAFF Local 2400 Non-Exempt Fire Trainee $ - $ - $ - $ - $ - $ 25.06 1/2/2023 IAFF Local 2400 Non-Exempt Firefighter $ 35.99 $ 37.78 $ 39.67 $ 41.64 $ 43.73 1/2/2023 IAFF Local 2400 Non-Exempt Firefighter II $ 39.59 $ 41.56 $ 43.64 $ 45.81 $ 48.10 1/2/2023 IAFF Local 2400 Non-Exempt Firefighter/Paramedic $ 35.99 $ 37.78 $ 39.67 $ 41.64 $ 43.73 1/2/2023 IAFF Local 2400 Non-Exempt Firefighter/Paramedic II $ 39.59 $ 41.56 $ 43.64 $ 45.81 $ 48.10 1/2/2023 IAFF Local 2400 Non-Exempt Geographic Information System Manager $ 52.68 $ 55.45 $ 58.36 $ 61.43 $ 64.67 1/2/2023 Mid-Management/Professional Exempt Habitat Restoration Lead Worker $ - $ - $ - $ - $ - $ 15.50 1/2/2023 Unrepresented Non-Exempt Harbormaster $ 49.66 $ 52.13 $ 54.74 $ 57.48 $ 60.36 1/2/2023 Mid-Management/Professional Exempt Head Lifeguard $ 21.82 $ 22.92 $ 24.06 $ 25.28 $ 26.53 1/2/2023 Unrepresented Non-Exempt History Project Asst $ 36.94 $ 38.79 $ 40.72 $ 42.75 $ 44.90 1/2/2023 Unrepresented Non-Exempt Human Resources Administrator $ 72.75 $ 76.39 $ 80.21 $ 84.22 $ 88.43 1/2/2023 Confidential Exempt Human Resources Technician $ 36.11 $ 37.91 $ 39.81 $ 41.80 $ 43.88 1/2/2023 General Employees Non-Exempt Information Technology & Systems Administrator $ 54.29 $ 57.00 $ 59.85 $ 62.85 $ 66.00 1/2/2023 Mid-Management/Professional Exempt Intern $ - $ - $ - $ - $ - $15.50 - $20.00 1/2/2023 Unrepresented Non-Exempt Lifeguard $ 16.56 $ 17.39 $ 18.26 $ 19.17 $ 20.12 1/2/2023 Unrepresented Non-Exempt City of Brisbane Master Pay Schedule
Approved per Resolution No. 2022-XX
264
B.

Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Management Analyst (Part-time) $ 40.84 $ 42.90 $ 45.03 $ 47.28 $ 49.65 1/2/2023 Unrepresented Non-Exempt Marina Maintenance Worker I $ 30.96 $ 32.50 $ 34.13 $ 35.84 $ 37.64 1/2/2023 General Employees Non-Exempt Marina Maintenance Worker II $ 34.05 $ 35.75 $ 37.54 $ 39.41 $ 41.38 1/2/2023 General Employees Non-Exempt Marina Maintenance Worker I ( Part-time) $ 31.57 $ 33.15 $ 34.80 $ 36.56 $ 38.38 1/2/2023 Unrepresented Non-Exempt Marina Maintenance Worker II ( Part-time) $ 34.71 $ 36.48 $ 38.27 $ 40.17 $ 42.21 1/2/2023 Unrepresented Non-Exempt Marina Services Director $ 54.56 $ 57.29 $ 60.16 $ 63.16 $ 66.32 1/2/2023 Executive Management Exempt Office Assistant $ 28.38 $ 29.75 $ 31.24 $ 32.80 $ 34.45 1/2/2023 General Employees Non-Exempt Office Assistant (Part-Time) $ 28.90 $ 30.33 $ 31.84 $ 33.46 $ 35.13 1/2/2023 Unrepresented Non-Exempt Office Specialist $ 33.27 $ 34.92 $ 36.68 $ 38.50 $ 40.43 1/2/2023 General Employees Non-Exempt Office Specialist (Part-Time) $ 33.94 $ 35.62 $ 37.40 $ 39.28 $ 41.24 1/2/2023 Unrepresented Non-Exempt Park/Beach/Recreation Commissioner $ - $ - $ - $ - $ - $ 100.00 1/2/2023 Appointed Position Parks & Recreation Director $ 83.85 $ 88.06 $ 92.45 $ 97.07 $ 101.93 1/2/2023 Executive Management Exempt Parks/Facilities Maintenance Worker I $ 30.96 $ 32.50 $ 34.13 $ 35.84 $ 37.64 1/2/2023 General Employees Non-Exempt Parks/Facilities Maintenance Worker I (Part-Time) $ 31.57 $ 33.15 $ 34.80 $ 36.56 $ 38.38 1/2/2023 Unrepresented Non-Exempt Parks/Facilities Maintenance Worker II $ 34.05 $ 35.75 $ 37.54 $ 39.41 $ 41.38 1/2/2023 General Employees Non-Exempt Payroll/Utility Billing Technician $ 36.11 $ 37.91 $ 39.81 $ 41.80 $ 43.88 1/2/2023 General Employees Non-Exempt Planning Commissioner $ - $ - $ - $ - $ - $ 100.00 1/2/2023 Appointed Position Police Chief $ 102.63 $ 107.76 $ 113.14 $ 118.81 $ 124.73 1/2/2023 Police Chief Exempt Police Commander $ 92.52 $ 97.15 $ 102.01 $ 107.11 $ 112.46 1/2/2023 Police Commander Exempt Police Officer $ 45.65 $ 47.93 $ 50.33 $ 52.85 $ 55.49 1/3/2022 Brisbane Police Officers Association* Non-Exempt Police Officer - 40 hour shift (Detective/SRO) $ 47.93 $ 50.33 $ 52.85 $ 55.49 $ 58.26 1/3/2022 Brisbane Police Officers Association* Non-Exempt Police Sergeant $ 55.00 $ 57.75 $ 60.64 $ 63.67 $ 66.85 1/3/2022 Brisbane Police Officers Association* Non-Exempt Police Trainee $ - $ - $ - $ - $ - $ 34.80 1/2/2023 Unrepresented Non-Exempt Pre-School Teacher $ 18.31 $ 19.24 $ 20.19 $ 21.22 $ 22.28 1/2/2023 Unrepresented Non-Exempt Principal Analyst $ 63.00 $ 66.16 $ 69.46 $ 72.92 $ 76.58 1/2/2023 Confidential Exempt Principal Planner $ 67.10 $ 70.46 $ 73.98 $ 77.68 $ 81.57 1/2/2023 Mid-Management/Professional Exempt Program Manager - SMCWPPP $ 66.37 $ 69.70 $ 73.18 $ 76.84 $ 80.69 1/2/2023 Mid-Management/Professional Exempt Public Service Aide $ 16.29 $ 17.12 $ 17.96 $ 18.85 $ 19.81 1/2/2023 Unrepresented Non-Exempt Public Works Director/City Engineer $ 102.96 $ 108.11 $ 113.50 $ 119.19 $ 125.15 1/2/2023 Executive Management Exempt Public Works Inspector $ 50.81 $ 53.36 $ 56.02 $ 58.81 $ 61.76 1/2/2023 General Employees Non-Exempt Public Works Lead Maintenance Worker $ 40.87 $ 42.91 $ 45.04 $ 47.31 $ 49.66 1/2/2023 General Employees Non-Exempt Public Works Maintenance Worker I $ 30.96 $ 32.50 $ 34.13 $ 35.84 $ 37.64 1/2/2023 General Employees Non-Exempt Public Works Maintenance Worker I (Part-time) $ 31.57 $ 33.15 $ 34.80 $ 36.56 $ 38.38 1/2/2023 Unrepresented Non-Exempt Public Works Maintenance Worker II $ 34.05 $ 35.75 $ 37.54 $ 39.41 $ 41.38 1/2/2023 General Employees Non-Exempt Public Works Superintendent $ 66.05 $ 69.35 $ 72.82 $ 76.47 $ 80.29 1/2/2023 Mid-Management/Professional Exempt Public Works Supervisor $ 50.48 $ 53.01 $ 55.66 $ 58.44 $ 61.37 1/2/2023 Mid-Management/Professional Exempt Public Works Team Leader $ 45.80 $ 48.21 $ 50.75 $ 53.42 $ 56.23 1/2/2023 Mid-Management/Professional Exempt Receptionist $ 28.34 $ 29.75 $ 31.24 $ 32.80 $ 34.45 1/2/2023 General Employees Non-Exempt Receptionist (Part-time) $ 28.90 $ 30.33 $ 31.84 $ 33.46 $ 35.13 1/2/2023 Unrepresented Non-Exempt Recreation Leader $ 18.28 $ 19.19 $ 20.16 $ 21.16 $ 22.22 1/2/2023 Unrepresented Non-Exempt Recreation Leader Aide $ 15.50 $ 16.28 $ 17.09 $ 17.94 $ 18.84 1/2/2023 Unrepresented Non-Exempt Recreation Manager $ 62.13 $ 65.23 $ 68.49 $ 71.92 $ 75.51 1/2/2023 Mid-Management/Professional Exempt Recreation Program Coordinator $ 31.43 $ 33.54 $ 35.21 $ 36.97 $ 38.82 1/2/2023 General Employees Non-Exempt Recreation Supervisor $ 45.89 $ 48.21 $ 50.60 $ 53.13 $ 55.79 1/2/2023 Mid-Management/Professional Exempt Regional Compliance Program Manager $ 52.68 $ 55.45 $ 58.36 $ 61.43 $ 64.67 1/2/2023 Mid-Management/Professional Exempt Reserve Police Officer $ 33.59 $ 35.27 $ 37.03 $ 38.88 $ 40.83 1/2/2023 Unrepresented Non-Exempt Senior Accounting Assistant $ 33.36 $ 35.04 $ 36.78 $ 38.63 $ 40.54 1/2/2023 General Employees Non-Exempt Senior Civil Engineer $ 66.37 $ 69.70 $ 73.18 $ 76.84 $ 80.69 1/2/2023 Mid-Management/Professional Exempt Senior Human Resources Analyst $ 50.32 $ 52.83 $ 55.48 $ 58.25 $ 61.16 1/2/2023 Confidential Exempt Senior Management Analyst $ 49.33 $ 51.79 $ 54.38 $ 57.10 $ 59.94 1/2/2023 Mid-Management/Professional Exempt Senior Planner $ 56.75 $ 59.59 $ 62.57 $ 65.71 $ 68.98 1/2/2023 Mid-Management/Professional Exempt Senior Recreation Leader $ 23.46 $ 24.63 $ 25.86 $ 27.15 $ 28.52 1/2/2023 Unrepresented Non-Exempt Sustainability Manager $ 52.68 $ 55.45 $ 58.36 $ 61.43 $ 64.67 1/2/2023 Mid-Management/Professional Exempt Special Assistant $ - $ - $ - $ - $ - $15.50-$75.00 1/2/2023 Unrepresented Non-Exempt 265
B.

Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Spe Coun-Maj Dev Pro $ - $ - $ - $ - $ - $ 175.04 1/2/2023 Confidential Management Exempt Swim Instructor $ 18.06 $ 18.97 $ 19.92 $ 20.92 $ 21.97 1/2/2023 Unrepresented Non-Exempt Van Driver $ 16.99 $ 17.85 $ 18.75 $ 19.69 $ 20.67 1/2/2023 Unrepresented Non-Exempt Water Quality Technician $ 34.05 $ 35.75 $ 37.54 $ 39.41 $ 41.38 1/2/2023 General Employees Non-Exempt 266
B.

File Attachments for Item:

C. Receive Updates on Transportation Grants
267
C.

M E M O R A N D U M
To: City Council and City Manager
From: Randy Breault, Director of Public Works/City Engineer Subject: Update on Transportation Grants
Date: for Council Meeting of 12/8/22
As a result of the continued efforts of Deputy Public Works Director Karen Kinser and Assistant Engineer Tomas Santoyo-Velazquez, the city is the recipient of five transportation grants:

Project Grant Source Grant
Amount
Local Match
1 Sierra Point Parkway Asphalt
Rubber Cape Seal roadway
repair
CalRecycle
Rubberized Pavement
Program
$27,000 $312,000 (all
from Measure
A & Gas Tax)
2 Crocker Trail Resurfacing Federal One Bay Area
Grant 2 Bicycle
Pedestrian
Improvement
Program
$885,000 $115,000
3 Alvarado to San Benito Stairway SMCC/CAG
Transportation
Development Act
Article 3
$240,000 $60,000
4 Crocker Park Shuttle Stop
Improvements
San Mateo County
Transportation
Authority (SMCTA)
Alternative
Congestion
Relief/Transportation
Demand Management
Program
$200,000 $20,000
5 Central Brisbane Stairways (3) SMCTA Pedestrian
and Bicycle Program
Cycle 5
$475,000 $25,000

CITY OF BRISBANE
Department of Public Works - 50 Park Place
Brisbane, California 94005-1310
(415) 508-2130
Fax (415) 467-5547
268
C.
2 Project 1 is an overlay of Sierra Point Parkway from Lagoon Way to the US 101 overpass that was completed this summer. The materials used in the overlay included oils and crumb rubber derived from used tires. In order to qualify for the minimum quantity of recycled material to be placed, Brisbane and South San Francisco partnered to submit a joint application.

Project 2 is a 2.3-mile-long project that will widen existing Crocker Trail to approximately 12’ and will provide a firmer surface than the current condition. Councilmember Lentz’s advocacy at C/CAG was key to obtaining this grant. After a long wait to finally get into the federal fiscal funding year assigned for this grant, the project is scheduled to be released to bidders in Spring 2023.

Project 3 provides for the design and construction of a new stairway from east of 207 San Benito down to east of 401 Alvarado. The existing dirt “path” is rather treacherous; the new condition will fill a significant pedestrian connection in this part of Central Brisbane. This project is also scheduled to be released to bidders in Spring 2023.

Project 4 will upgrade ten (10) of the existing commute.org shuttle stops in Crocker Industrial Park so that they are accessible per ADA standards, and provided with shelters.

Commute.org and participating business in that organization’s employee shuttle program provided advocacy letters that led to award of this grant.

Project 5 will fund completion of design for three stairways: the existing dirt path that starts on San Francisco Avenue and ends on Old County Road, the unimproved city easement that starts on the south side of 78 Tulare and runs to the south side of 190 Santa Clara, and the continuation of the easement that starts on the south side of 190 Santa Clara and ends on the south side of 217 Alvarado. This grant will also fund the construction of the Tulare to Santa Clara portion of the city easement.

Earlier this year, the City engaged Renne Public Policy Group to assist with grant applications.

RPPG’s grant writers were key to our obtaining this last grant for $475,000. Also of interest, RPPG did bring to our attention a grant opportunity of $500,000 for our pending Advanced Metering Infrastructure project. If successful, that grant will obviously be helpful in our efforts to bring real time water consumption metrics to our citizens. 269
C.

File Attachments for Item:

D. Adoption of Resolution adopting the County of San Mateo Certification of Votes and declaring results of Measure O at the Municipal Election held on November 8, 2022 (This item may be continued to December 9, 2022 at 12:00 p.m. so that the County of San Mateo Certification of Votes has been received)
270
D.

Measure O Page 1 of 1

CITY COUNCIL AGENDA REPORT
Meeting Date: December 8, 2022
From: Clay Holstine, City Manager
Subject: Adoption of Resolution adopting the County of San Mateo Certification of Votes and Declaring Results of Measure O at the Municipal Election held on November 8, 2022
Recommendation:

Adopt Resolution No. 2022-____adopting the County of San Mateo’s Certification of Votes and Declaring Results of Measure O, adding SECTION 5.20.035 to the Brisbane Municipal Code to impose a Business License Tax on Hotels and other places designed for occupancy by transients, at the General Municipal Election held on November8, 22.

Background:

On July 7, 2022, the City Council called an election to add SECTION 5.20.035 to the Brisbane Municipal Code to impose a Business License Tax On Hotels and other places designed for occupancy by transients.

Discussion:

The attached resolution declares the results of the election that was held on November 8, 2022 regarding Measure O. At the time of this report, the certification of votes from the County of San Mateo has not been received. The official results will be an exhibit to the attached resolution and the final numbers will be inserted into the resolution when known.

In order to take action, the City Council will need to have the certified results prior to the start of the meeting on December 8, 2022. If not the item will be continued to December 9, 2022 at noon.

Attachments

1.Resolution No. 2022-_____
___________________ ___________________________
Ingrid Padilla, City Clerk Clayton Holstine, City Manager Ingrid Padilla
271
D.

RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANEADOPTING

COUNTY OF SAN MATEO CERTIFICATION OF VOTESAND DECLARING

RESULTS OF MEASURE O, AN ORDINANCE OF THE CITY OF BRISBANE ADDING SECTION 5.20.035 TO THE BRISBANE MUNICIPAL CODETO IMPOSE A BUSINESS

LICENSE TAX ON HOTELS ANDOTHER PLACES DESIGNED FOR OCCUPANCY BYTRANSIENTS, AT THE MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022 WHEREAS, a General Municipal Election was held in and throughout the City of Brisbane on the eight day of November, 2022, for the purpose of submitting Measure O, an ordinance of the City of Brisbane adding SECTION 5.20.035 to the Brisbane Municipal Code to impose a Business License Tax On Hotels and other places designed for occupancy by transients; and WHEREAS, the City Clerk of said City has duly posted and presented to the City Council of the City of Brisbane the County of San Mateo’s certification of the votes cast for this Measure in said General Municipal Election; and
WHEREAS, said City Council has access to and has examined said certification of votes cast in said election.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brisbane finds as follows:

1.The number of votes cast at said election was____; ___ in favor and___ against.

2.That the record of votes cast in said election is shown on Exhibit A of the Certificate of the Chief Elections Official, attached hereto, and by such reference made a part hereof.

3.The Statement of the final results by the County of San Mateo Registrar of Voters as shown in Exhibit A and the results of the votes cast at the special municipal election consolidated with the statewide election are hereby ratified, confirmed and approved.

Measure O

4.That Measure O, an ordinance of the City of Brisbane, passed by the majority needed. ___________________________
Coleen Mackin, Mayor
I hereby certify that the foregoing Resolution No. 2022-____ was duly and regularly adopted by the City Council of the City of Brisbane, at a meeting held thereof on December 8, 2022, by the following vote:

AYES:

NOES:

ABSENT:
_____________________
Ingrid Padilla, City Clerk
ATTACHMENT 1
272
D.

File Attachments for Item:

E. Adoption of Resolution adopting the County of San Mateo Certification of Votes and declaring results of Measure U at the Municipal Election held on November 8, 2022 (This item may be continued to December 9, 2022 at 12:00 p.m. so that the County of San Mateo Certification of Votes has been received)
273
E.

Measure U Page 1 of 1

CITY COUNCIL AGENDA REPORT
Meeting Date: December 8, 2022
From: Clay Holstine, City Manager
Subject: Adoption of Resolution adopting the County of San Mateo Certification of Votes and Declaring Results of Measure U at the Municipal Election held on November 8, 2022
Recommendation:

Adopt Resolution No. 2022-____adopting the County of San Mateo’s Certification of Votes and Declaring Results of Measure U, an ordinance of the City of Brisbane 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, at the General Municipal Election held on November8, 22.

Background:

On July 7, 2022, the City Council called an election to add 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.

Discussion:

The attached resolution declares the results of the election that was held on November 8, 2022 regarding Measure U. At the time of this report, the certification of votes from the County of San Mateo has not been received. The official results will be an exhibit to the attached resolution and the final numbers will be inserted into the resolution when known.

In order to take action, the City Council will need to have the certified results prior to the start of the meeting on December 8, 2022. If not the item will be continued to December 9, 2022 at noon.

Attachments

1.Resolution No. 2022-_____
___________________ ___________________________
Ingrid Padilla, City Clerk Clayton Holstine, City Manager Ingrid Padilla
274
E.

Measure U Page 2 of 3
ATTACHMENT 1
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANEADOPTING COUNTY OF SAN

MATEO CERTIFICATION OF VOTESAND DECLARING RESULTS OF MEASURE U, AN ORDINANCE OF THE CITY OF BRISBANE 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, AT THE MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022
WHEREAS, a General Municipal Election was held in and throughout the City of Brisbane on the eight day of November, 2022, for the purpose of submitting Measure U, an ordinance of the City of Brisbane 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
WHEREAS, the City Clerk of said City has duly posted and presented to the City Council of the City of Brisbane the County of San Mateo’s certification of the votes cast for this Measure in said General Municipal Election; and
WHEREAS, said City Council has access to and has examined said certification of votes cast in said election.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brisbane finds as follows:

1.The number of votes cast at said election was____; ___ in favor and___ against.

2.That the record of votes cast in said election is shown on Exhibit A of the Certificate of the Chief Elections Official, attached hereto, and by such reference made a part hereof.

Measure U

4.That Measure U, an ordinance of the City of Brisbane, passed by the majority needed. ___________________________
Coleen Mackin, Mayor
275
E.

I hereby certify that the foregoing Resolution No. 2022-____ was duly and regularly adopted by the City Council of the City of Brisbane, at a meeting held thereof on December 8, 2022, by the following vote:

AYES:

NOES:

ABSENT:
_____________________
Ingrid Padilla, City Clerk
276
E.

File Attachments for Item:

F. Consider Adoption of Transactions and Use Tax Ordinance Resolution to Implement the Transactions and Use Tax Ordinance Approved by the Voters and a Resolution Authorizing Examination of Sales or Transactions and Use Taxes Records (This item may be continued to December 9, 2022 at 12:00 p.m. so that the County of San Mateo Certification of Votes has been received)
277
F.

Transactions and Use Tax Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: December 8, 2022
From: Clay Holstine, City Manager
Subject: Resolution to Implement the Transactions and Use Tax Ordinance Approved by the Voters and a Resolution Authorizing Examination of Sales or Transactions and Use Taxes Records
COMMUNITY GOAL/RESULT:

Fiscally Prudent
RECOMMENDATION:

Adopt a resolution authorizing the City Manager to execute a Preparatory Agreement, an Administrative Agreement, and any other documents required by the California Department of Tax and Fee Administration in order to implement the voter approved Transaction and Use Tax Ordinance.

Adopt a resolution authorizing certain positions within the City and representatives of MuniServices, LLC to receive/examine records from the California Department of Tax and Fee Administration

BACKGROUND
In July 2022, City Council adopted a Transaction and Use Tax Ordinance to be administered by the California Department of Tax and Fee Administration (CDTFA), subject to approval by Brisbane voters. If approved by the voters, the tax would impose an additional one half of one percent tax (commonly referred to as a sales tax) on the sale of goods in the City. Staff estimated such tax would generate $500,000 for general municipal purposes. The tax would be imposed effective April 1, 2023.

A majority of Brisbane voters who voted on this measure (Measure U) on November 8, 2022 approved the tax.

In order to implement the tax, CDFTA requires certain agreements and forms to be executed by the City. A resolution authorizing the City Manager to sign such agreements and documents is attached. In addition, CDFTA requires a resolution indicating which positions within the City and/or representatives of MuniServices, LLC, to have access to confidential sales or transaction and use tax records.
278
F.

Transactions and Use Tax Page 2 of 2

DISCUSSION
The resolution authorizes the City Manager to sign two agreements: one for the CDFTA’s preparatory work and the other for its ongoing work. The Agreement for Preparation to Administer and Operate the City’s Transaction and Use Tax Ordinance provides that the City will pay CDFTA for the work necessary to prepare to administer and operate the tax. Such costs include the costs for developing procedures, data processing programs, developing instructions to Department’s staff, etc. The amount to be paid shall not exceed $175,000 but according to the CDFTA, “the actual amount charged is typically less than $175,000 particularly in smaller cities and counties where fewer notification mailings are required”. The Agreement for State Administration of the City’s Transaction and Use Tax authorizes CDFTA to perform the ongoing functions necessary to collect the remit to the City the tax it collects. The annual cost for these services is estimated to be $4,250.

Under the law, sales or transactions and use tax records are confidential. CDFTA requires the City to list positions within the City, and well as representatives of MuniServices, LLC, which firm assists the City in its administration of these taxes, that will need access to this confidential information.

FISCAL IMPACT
As indicated above, the City must pay CDFTA for its services in connection with its administration of this tax: an amount not to exceed $175,000 to for its preparatory work and an estimated $4,250 annually for its ongoing work. The City expects to receive an additional $500,000 annually from this tax.

Carolina Yuen _________________ Carolina Yuen, Finance Director Clayton Holstine, City Manager Attachments:

1. Resolution Authorizing the City Manager to Sign

2. Agreements Resolution for Examination of Confidential Records 279
F.

ATTACHMENT 1
RESOLUTION NO. ______________

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BRISBANE

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE

AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE

ADMINISTRATION, AND TO EXECUTE ANY OTHER REQUIRED DOCUMENTS, FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.

WHEREAS, on July 7, 2022, the City Council approved Ordinance No. 674 amending the City Municipal Code and providing for a local transactions and use tax, which tax was then provided to the voters of Brisbane for their consideration; and
WHEREAS, at a general municipal election held on November 8, 2022, the voters of Brisbane approved the local transaction and use tax; and
WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and Whereas, the Department requires that the City Council authorize the agreements; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brisbane that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute each agreement 280
F.
6/7/2018
2 and the City Manager, or designee, is also hereby authorized to execute any other documents required by the Department in order to implement the local transaction and use tax.. * * * * * *
The foregoing resolution was introduced and adopted at a special meeting of the City Council of the City of ________________ held on (Date) , by the following vote, to wit:

AYES:

NOES:

ABSENT:

DATED:

ATTEST: (s) (s)
City Clerk Mayor
281
F.

AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Brisbane has adopted, and the voters of the City of Brisbane (hereafter called “City” or “District”) have approved by the required majority vote, the City of Brisbane Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:

ARTICLE I

DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:

1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No.674, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.

Exhibit A
282
F.
(Rev. 10/17) 2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

C. Transmittal of money.

1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.

D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. 283
F.
(Rev. 10/17) 3
F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears.

The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

ARTICLE III

ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:

1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion 284
F.
(Rev. 10/17) 4
of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.

ARTICLE IV

COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

ARTICLE V

MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate. A notification is complete when deposited in the mail. 285
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(Rev. 10/17) 5
Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:

Carolina Yuen, Finance Director/Treasurer____________________ 50 Park Place___________________________________________ Brisbane, CA 94005______________________________________ Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on April 1, 2023. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. 286
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(Rev. 10/17) 6

ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.

1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.

B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:

1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.

4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing 287
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the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

CITY OF BRISBANE CALIFORNIA STATE DEPARTMENT OF

TAX AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
Clayton Holstine
(Typed Name)
City Manager
(Title)
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1 AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Brisbane, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:

1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.

These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.

3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance.

City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.

6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.) Exhibit B
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2 7. Communications and notices may be sent by first class United States mail.

Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:

Carolina Yuen, Finance Director / Treasurer____________ 50 Park Place ____________________________________
Brisbane, CA 94005_______________________________

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.

CITY OF BRISBANE CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
Clayton Holstine
(Typed Name
City Manager
(Title)
(Rev. 11/17)
290
F.

RESOLUTION NO._______________
A Resolution of the City of Brisbane Authorizing Examination of Sales or Transactions and Use Taxes Records
WHEREAS, pursuant to Ordinance Number 674 of the City of Brisbane (“District”), and Revenue and Taxation Code section 7270, the District entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and
WHEREAS, the Board of the District (Brisbane City Council) deems it desirable and necessary for authorized officers, employees and representatives of the District to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the District pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;

NOW, THEREFORE, THE BOARD OF THE DISTRICT (CITY COUNCILOF THE CITY OF BRISBANE) HEREBY RESOLVES AS FOLLOWS:

Section 1. That the City Manager, Assistant City Manager, Administrative Services Director, Finance Director / Treasurer, Deputy Finance Director, Financial Services Manager, or other officer or employee of the District designated in writing by the City Manager to the California Department of Tax and Fee Administration, is hereby appointed to represent the District with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the Department pursuant to the contract between the District and the Department.

Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the District:
(a) City administration;
(b) Revenue management and budgeting;
(c) Community and economic development; and
(d) Tracking of economic data
The information obtained by examination of Department records shall be used only for those governmental functions of the District listed above.

ATTACHMENT 2
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Section 3. That MuniServices, LLC is also hereby designated to examine the sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the Department. The entity designated by this section meets all of the following conditions, which are also included in the contract between the District and the MuniServices, LLC:
a) has an existing contract with the District to examine those sales or transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to the contract between the District and the Department and for those purposes relating to the governmental functions of the District listed in Section 2 of this resolution. ___________________________

Coleen Mackin, Mayor
PASSED, APPROVED AND ADOPTED by the Brisbane City Council at a special meeting on December , 2022.

I hereby certify that the foregoing resolution was adopted by the City Council at a special meeting held on December , 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ingrid Padilla, City Clerk
292
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File Attachments for Item:

G. Introduction of an Ordinance to Administer and Implement the Business License Tax Imposed on Hotels and Other Places Designed for Occupancy by Transients. (Note: This Ordinance is exempt from review under the California Environmental Quality Act because it is not a “project”. Section 15378 (b)(5) of the CEQA Guidelines. This item may be continued to December 9, 2022 at 12:00 p.m. so that the County of San Mateo Certification of Votes has been received)
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BLT on Hotels Page 1 of 1

CITY COUNCIL AGENDA REPORT
Meeting Date: December 8, 2022
From: Clay Holstine, City Manager & Michael Roush, Legal Counsel
Subject: Introduction of an Ordinance to Administer and Implement the Business License Tax Imposed on Hotels and Other Places Designed for Occupancy by Transients. This Ordinance is exempt from review under the California Environmental Quality Act because it is not a “project”. Section 15378 (b)(5) of the CEQA Guidelines.

Community Goal/Result:

Fiscally Prudent
Recommendation:

Introduce an Ordinance to add numerous sections to the Brisbane Municipal Code (Sections

5.20.036 through 5.20.044) to administer and implement the Business License Tax imposed on hotels and other places designed for occupancy by transients, which tax was approved by Brisbane voters at the November 8, 2022 general municipal election. Because of the numbering system in the Code, the current Section 5.20.040 (concerning the business license tax for street vendors) will need to be deleted and relocated to Section 5.20.235.

Background
In July 2022, City Council adopted Ordinance 674, adding Section 5.20.035 to the Brisbane Municipal Code, to impose a business license tax on hotels and other places designed for occupancy by “transients”—generally guests who pay to rent a room at a hotel or stay at a short term rental. The Ordinance provides that the hotel operator must pay a daily business license tax of $2.50 for every room that is rented. The tax was contingent, however, on Brisbane voters approving it at the November 8, 2022 general municipal election. Voters approved the tax and hotels and similar businesses must begin paying the tax as of January 1, 2023.

That Ordinance, however, did not set forth how the tax would be administered or implemented, to address matters such as reporting and remitting the tax, penalties and interest if the tax is not paid timely, appeals, recording keeping, and similar provisions. Accordingly, staff has drafted the attached Ordinance to provide how the tax will be administered and implemented. These provisions did not need to be approved by the voters; only the tax itself.

Discussion
Separate from this tax, the City also has a Transient Occupancy Tax (TOT) Ordinance that requires hotel operators to collect this tax from paying guests and remit such tax to the City.

Currently, as approved by the voters, this tax is 14% of the rate charged by the hotel for the accommodations.
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BLT on Hotels Page 2 of 2
The City’s TOT Ordinance sets forth numerous provisions concerning the administration and implementation of that Ordinance and these provisions, to the extent applicable, have been incorporated into the attached Ordinance. Among other matters, they track the requirements of hotel operators under the TOT Ordinance to report and remit the tax, penalties and interest if the remittance is not timely, authorizing the tax administrator (Finance Director) to determine the tax if the operator fails or refuses to pay the tax, operator appeals, refunds, and violations of the Ordinance.

Because of the numbering system in the Municipal Code and the addition of these sections, the current section 5.20.040 which concerns the business license tax for “peddlers, hawkers and street vendors” needs to be deleted and relocated, without substantive change, to a new section 5.20.235.

Assuming City Council introduces this Ordinance at its meeting on December 8 or December 9 if the item is carried over to that date, the second reading of the Ordinance may appear on the Council’s consent calendar on December 15, 2022. It will go into effect 30 days later. Since these matters simply implement and administer the Ordinance that imposed the tax, they do not affect the requirement that hotels must begin paying the tax as of January 1, 2023. (The first remittance—covering January 1, 2023 through March 31, 2023—is not due until April 2023.)
CEQA Determination
Recently, a State appellate court has held that in order to comply with the Brown Act, certain agenda item titles must reflect what environmental review is associated with a proposed Council action and if the proposed action is exempt under CEQA, that exemption identified.

The agenda title for this item reflects that this Ordinance is exempt under CEQA because it is an administrative activity of a government that will have no direct or indirect effect on the environment. CEQA Guidelines, Section 15378 (b)(5).

Fiscal Impact
There is no fiscal impact associated with the introduction or adoption of this Ordinance.

Assuming that hotels are at 70% occupancy, staff estimates the City will receive $250,000 annually from this tax.
_____________________________ _________________________________ Clayton Holstine, City Manager Michael Roush, Legal Counsel Attachment:

Ordinance to Administer and Implement the Business License Tax Imposed on Hotels and Other Places Designed for Occupancy by Tenants
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ATTACHMENT 1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF BRISBANE TO DELETE SECTION 5.20.040 AND TO ADD NEW SECTIONS

5.20.036, 5.20.037, 5.20.038, 5.20.039, 5.20.040, 5.20.041, 5.20.042, AND 5.20.043 TO IMPLEMENT

AND ADMINISTER THE BUSINESS LICENSE TAXES FOR HOTELS AND OTHER PLACES DESIGNED FOR OCCUPANCY OF TRANSIENTS AND TO RELOCATE THE CURRENT SECTION 5.20.040 (PEDDLERS, HAWKERS AND STREET VENDORS) TO A NEW SECTION 5.20.235 WITHOUT CHANGE The City Council of the City of Brisbane ordains as follows:

Section 1. Section 5.20.040 (Peddlers, Hawkers, and Street Vendors) is hereby deleted.

Section 2. Sections 5.20.036 through5.20.043, inclusive are hereby added to the Brisbane Municipal Code to read as follows
Section 5.20.036—Definitions
Terms used in Sections 5.20.037 through 5.20.043 shall have the same meanings as the definitions of those terms in Section 3.24.020 of this Code, as said Section may be amended from time to time.

Section 5.20.037 Reporting and Remitting
Each operator shall, on or before the last day of April, July, October and January, make a return to the tax administrator, on forms provided by the tax administrator, of the total rooms rented during the previous three months and the amount of tax calculated for such room rentals. The full amount of the tax calculated shall be remitted to the tax administrator at the time the return is filed. The tax administrator may require additional information in any returned. Such actions may be appealed under Section 5.20.040. Returns and payments are due immediately upon cessation of any business for any reason.

Section 5.20.038 Penalties and Interest
A. Original Delinquency. Any operator who fails to remit any tax imposed by Section 5.20.035 within the time required shall pay a penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax.

B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax and the ten (10%) penalty first imposed.

C. Fraud. If the tax administrator determines that the non-payment of any remittance due under Section 5.20.035 is due to fraud, a penalty of twenty five percent (25%) of the amount of the tax shall be added thereto, in addition to the penalties stated in subsections A and B of this section.

D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by Section 5.20.035 shall pay interest a the rate of one percent (1%) per month or fraction 296
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thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid in full.

E. Penalties and Interest Merged With Tax. Every penalty imposed and such interest as accrues under this Section shall become part of the tax required to be paid by Section 5.20.035.

Section 5.20.039 Failure to collect and report tax—determination of tax by tax administrator.

A. Assessment of Estimated Tax. If any operator shall fail or refuse to pay the tax and to make, within the time provided in Section 5.20.036, the tax administrator shall proceed in such manner as the tax administrator may deem best to obtain facts and information upon which to base the tax administrator’s estimate of the tax due. As soon as the tax administrator shall procure such facts and information as the tax administrator is able to obtain upon which to base the assessment of any tax imposed by Section 5.20.035 and payable by any operator who has failed or refused to pay the same and to make such report and remittance, the tax administrator shall proceed to determine and assess against such operator the tax, penalty and interest provided by Section 5.20.038. The tax administrator may include in the assessment costs of any necessary audits or investigations.

B. Notice of Assessment—Determination of Tax. Where a determination and assessment of the tax is made under subsection A of this Section, the tax administrator shall give notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the operator’s last known place of address.

Such operator may, within ten (10) days after the serving or mailing of such notice, make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, penalties, and interest, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If such application is made, the tax administrator shall give no less than five (5) days’ written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in the notice why the amount specified in the notice should not be fixed for such tax, penalties and interest. At such hearing, the operator may appear and offer evidence why such specified tax, penalties and interest should not be so fixed. After such hearing, the tax administrator shall determine the proper tax, penalties and interest to be remitted and shall thereafter give written notice to the operator in the manner prescribed herein of such determination and the amount of such tax, penalties and interest.

The amount determined to be due shall be paid in full within fifteen (15) days unless an appeal is taken as provided in Section 5.20.040.

Section 5.20.040 Appeal
Any operator aggrieved by any decision of the tax administrator with respect to the amount of such tax, penalties and interest, if any, may appeal to the city manager by filing a notice of appeal with the city clerk within fifteen (15) days of the serving or mailing of the determination of tax due. The city manager shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such operator at the operator’s last known place of address. The city manager may designate a neutral hearing officer to hear the appeal and make a recommendation to the city manager as to the appeal. The findings of the city manager shall be final and conclusive and shall be served on the operator/appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon service of the notice. 297
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Section 5.20.041 Records
It shall be the duty of every operator liable for the payment to the city of any tax imposed by Section 5.20.035 to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as the operator may have been liable for the payment to the city, which records the tax administrator shall have the right to inspect at all reasonable times. Such records shall be maintained at the operator’s premises or shall be available for delivery to the tax administrator within two weeks after request. Such records shall be so maintained for at least six months after a change of operator. The records shall include at least the following: Daily summaries of rooms rented.

Section 5.20.042 Refunds
A. Whenever the amount of any tax, penalty or interest has been overpaid or paid more than once, or has been erroneously or illegally paid or received by the city under Section 5.20.035 or

5.20.036, it may be refunded as provided in subsections B and C of this Section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment or the date the tax was due, whichever was earlier.

B. An operator may claim a refund or take a credit against taxed to be remitted in the amount overpaid, paid more than once, or erroneously or illegally paid or received when it is established to the satisfaction of the tax administrator that the tax paid or received was overpaid, paid more than once, or erroneously or illegally paid or received by the city.

C. No refund shall be paid under the provisions of this Section unless the operator establishes the right thereto by written records showing entitlement to such refund.

Section 5.20.043 Collection of tax
A. Actions to Collect. Any tax required to be paid by any operator under Section 5.20.035 shall be deemed a debt owned by the operator to the city. Any operator owing money to the city under Section 5.20.035 shall be liable to an action brought in the name of the city for recovery of such amount.

B. Notice of Intent to Record a Lien—Hearing. If the amount required to be paid to the city under Section 5.20.035 is not paid when due, the tax administrator may within three years after the amount is due, in addition to any other rights or remedies available for collection of such amount, give written notice to the operator and the owner of the property on which the hotel is located, if different, of the city’s intent to record a lien against the property on which the operator’s hotel is located. The notice shall specify a time and place at which a hearing will be conducted by the tax administrator to consider any objections by the operator or property owner to the recording of such lien, which hearing shall not be less than fifteen days from the date of the notice. The date of the hearing may be continued from time to time by the tax administrator. At the conclusion of the hearing, the tax administrator shall render a decision as to whether a lien should be filed with respect to any amount payable to the city under Section

5.20.035 that the tax administrator finds is then delinquent. The decision of the tax administrator may be appealed to the city manage as provided in Section 5.20.040.

C. Recordation and Enforcement of Tax Lien. Upon a final determination of the amount of the delinquency by the tax administrator of the city manager on appeal, as the case may be, the tax administrator may filed for record in the office of the San Mateo County recorder a tax lien specifying the amount of the tax, penalty and interest due, the name and address as it appears 298
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on the records of the operator liable for same and the name of the property owner, and the legal description of the property on which the hotel is located. From the time of the filing for record, the amount required to be paid together with penalties and interest constitutes a lien upon such real property. Such lien shall be valid for a period of ten years and may be enforced by an action to foreclose the lien in a manner prescribed by law.

D. Successor’s Liability—Withholding by Purchaser. If any operator liable for any amount under Section 5.20.035 sells or transfers the hotel or any ownership interest therein, the successor or transferee shall withhold sufficient funds out of the purchase price to cover such amount until the former operator produces a receipt from the tax administrator showing that it has been paid or a certificate stating that no amount is due.

E. Liability of Purchase. If the purchaser of a hotel fails to withhold funds from the purchase price as required, the purchaser shall become liable for the payment of the amount required to be withheld to the extent of the purchase price.

F. Continued Liability of Operator. The sale or transfer of a hotel, dismissal of the operator, or other termination of the rights of an operator to operate the hotel shall not relieve the operator from liability for taxes due or owing under Section 5.20.035.

Section 5.20.044 Violations
Any violations of Sections 5.20.035 through 5.20.043 shall be punishable by fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16, and 1.18 of this code.

Section 3. Section 5.20.235 is added to the Brisbane Municipal Code as follows:

Section 5.20.235 Peddlers, Hawkers, and Street Vendors
A. Every person carrying on the business of a peddler of any goods, wares or merchandise shall pay a license tax of twenty five dollars ($25.00) per day in advance.

B. For purposes of this Section, a “peddler” is defined to be and includes every person not having a regularly established place of business in the city, who travels from place to place, or has a stand upon any public street, alley, or other public place, doorway of any building, unenclosed or vacant lot, or parcel of land, who sells or offers for sale any goods, wares or merchandise in the person’s possession.

Section 4. CEQA Determination
Introduction and adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act because it is not a project as defined under the CEQA Guidelines, Section 15378 (b) (5) [organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

Section 5. Effective Date.

This Ordinance shall become effective thirty days after its adoption.

Mayor
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Attest:

Ingrid Padilla, City Clerk
Approved as to form:

Thomas R. McMorrow, City Attorney
I certify that the foregoing Ordinance No. ___ was adopted by the Brisbane City Council at a regular meeting on December 15, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ingrid Padilla, City Clerk
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File Attachments for Item:

H. Caltrain Electrification Project Letter of Support
301
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December XX, 2022
Toks Omishakin, Secretary
California State Transportation Agency
400 Capitol Mall, Suite 2340
Sacramento, CA 95814
Re: Support for Caltrain’s application to the Transit and Intercity Rail Capital Program Dear Secretary Omishakin:

As elected officials representing the communities that Caltrain serves, we are writing to express our strong support for Caltrain's application to the Cycle 6 Transit and Intercity Rail Capital Program (TIRCP) Existing Projects Reserve to complete the Caltrain Electrification Project. It is critical that Caltrain receive these resources to ensure this once in a generation project is completed by fall 2024, address the immediate cash flow needs and create a more sustainable future for Caltrain and the communities it serves.

The Caltrain Electrification Project (Project) is at the forefront of commuter rail innovation, transitioning from a legacy diesel rail line to a cutting edge, electrified line that mitigates climate impacts while creating thousands of jobs. The project has been in construction since 2017 and will modernize a nearly 160-year-old diesel commuter rail line by increasing capacity and improving performance and safety while providing cleaner and more sustainable service. Spanning 51 miles between San Francisco and San Jose, this project will replace 75 percent of Caltrain’s 30-year-old diesel fleet with high-performance electric trains. Caltrain will become California’s first electrified commuter rail system and North America’s first commuter rail system in 30 years to transition its trains and infrastructure from diesel to 302
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an electrified system. The local, regional, and state level benefits of this endeavor, some of which we’ve listed below, are significant.
• Construction Nearly Complete: The Caltrain Electrification Project began construction in 2017 and continued throughout the COVID-19 pandemic. Four of the new electric trains have already been delivered to the corridor and started testing. Caltrain is well on the way to providing electrified service in less than two years if additional resources are secured. • Fighting Climate Change: Caltrain Electrification and the future service vision expansion will deliver tremendous environmental benefits to the region by replacing a 30-year-old, polluting diesel fleet and expanding capacity to carry more riders and remove vehicles from the road. Electrification will directly improve air quality along the corridor and significantly reduce greenhouse gas emissions.
• Equity: Caltrain Electrification will enhance access and benefit equity priority communities and as well as help Caltrain serve a more diverse group of riders, including people with lower incomes and members of racial and ethnic minority groups. The new electric train trains will significantly decrease emissions and noise pollution in the equity priority communities along the corridor. The Electrification Program will help Caltrain continue to expand midday and off-peak service levels to better serve essential workers, improve access for equity priority communities, and attract customers whose work schedules do not conform to historic peak commute hours. • Job Creation and Economic Growth: The project has created thousands of jobs in California and contributed to job creation in 36 states across the county. In addition to supporting manufacturing jobs, the Caltrain Electrification Project is a vital contributor to the continued economic growth and quality of life for Silicon Valley and the greater San Francisco Bay Area.

Caltrain service to the communities in which these companies are located will enable them to help drive the economy of our state, not to mention the nation. • Ridership and Community: The new high-performance trains will offer a better experience for riders and the community. They will generate less noise than their diesel equivalent, making the trip more enjoyable both for riders and residents that live near Caltrain tracks. The new vehicles also offer enhanced amenities, including new digital onboard displays, power outlets at each seat, energy-efficient lighting, coat hooks, security cameras, expanded storage and ADA restrooms with baby changing tables.
• Fiscal Benefit: The COVID-19 pandemic’s effect on Caltrain’s overall financial health has been significant. Pre-pandemic, Caltrain counted on ridership to cover approximately ~70 percent of the operating budget, as of October 2022 ridership is at 30%. Additional resources are critical because the Electrification Project will run out of funds in June 2023. Securing additional funding for the Electrification Project will not only keep this important capital project on track, but it will also help with the agency’s overall financial health by making sure Caltrain isn’t overly burdened with debt and that key funding sources such as Measure RR and the Low Carbon Fuel Standard that were intended for operating, safety repairs and expansion support aren’t diverted to the Electrification Project. By securing $410M for the Electrification project, Caltrain estimates the operating fiscal cliff would be move from fiscal year 2024 (July 2023) to fiscal year 2027 (July 2026). With additional resources, the Electrification Project can be completed and Caltrain will 303
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have more financial stability to continue providing quality, reliable service and expansion projects to communities along the corridor.

We are close to the finish line for this transformational project. We urge for your leadership to fully fund this project to ensure Caltrain stays on track to deliver a project that will leave a legacy for the region, state and nation. Thank you in advance for your consideration of our important request.

Most gratefully,
Alison Hicks, Mountain View Vice Mayor
Ann O’Brien Keighran, Burlingame Councilmember
Betsy Nash, Menlo Park Councilmember
Charles Stone, Belmont Councilmember
Cliff Lentz, Brisbane Councilmember
Dave Pine, San Mateo County Supervisor
David Canepa, San Mateo County Supervisor
Davina Hurt, Belmont Councilmember
Dev Davis, San Jose Councilmember
Emily Beach, Burlingame Councilmember
Flor Nicolas, Vice Mayor South San Francisco
Gina Papen, Millbrae Councilmember
Glenn Hendricks, Sunnyvale Councilmember
Gustav Larsson, Sunnyvale Councilmember
Jen Wolosin, Menlo Park Vice Mayor
John Dugan, San Carlos Councilmember
Julia Mates, Belmont Mayor
Kathy Watanabe, Santa Clara Councilmember
Larry Klein, Sunnyvale Mayor
Margaret Abe-Koga, Mountain View Councilmember
Mark Nagales, South San Francisco Mayor
Michale Salazar, San Bruno Councilmember
Pat Showalter, Mountain View Councilmember
Peter Leroe-Munoz, Gilroy Councilmember
Rebeca Armendariz, Gilroy Councilmember
Richard Ortiz, Burlingame Mayor
Rick Bonilla, San Mateo Mayor
Ron Collins, San Carlos Councilmember
Russ Melton, Sunnyvale Councilmember
Sally Lieber, Mountain View Councilmember
Sara McDowell, San Carlos Mayor
Tom Hamilton, San Bruno Councilmember
Town of Atherton
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Brisbane City CouncilDecember 8, 2022

Brisbane City Council
December 8, 2022