Agenda packet — Brisbane City Council, February 16, 2023

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CITYof BRISBANE
Thursday, February 16, 2023 at 7:30 PM ● Hybrid Meeting 50 Park Place, Brisbane, CA This meeting is compliant with the Ralph M. Brown act as amended by California Assembly Bill No. 361 effective September 16, 2021 providing for a public health emergency exception to the standard teleconference rules required by the Brown Act. The purpose of this is to provide a safe environment for the public, staff and Councilmembers, while allowing for public participation.

Accordingly, the public may observe City Council meetings and/or address the Council using remote public comment options or have the option to attend City Council meetings in person.

Please be advised that City Council members may continue to participate in the meeting remotely. The Council may take action on any item listed in the agenda.

TO ADDRESS THE COUNCIL

IN PERSON
Location: 50 Park Place, Brisbane, CA 94005, Community Meeting Room Masks are no longer required but are highly recommended in accordance with California Department of Health Guidelines. To maintain public health and safety, please do not attend in person if you are experiencing symptoms associated with COVID-19 or respiratory illness.

To address the City Council on any item on or not on the posted agenda, fill out a Request to Speak Form located in the Community Meeting Room Lobby and submit it to the City Clerk.

REMOTE PARTICIPATION
Members of the public may observe/participate in the City Council Meeting by logging into the Zoom Webinar listed below. City Council Meetings can also be viewed live and/or on-demand via the City’s YouTube Channel, www.youtube.com/brisbaneca, or on Comcast Channel 27.

Archived videos can be replayed on the City’s website, http://brisbaneca.org/meetings . Please be advised that if there are technological difficulties, the meeting will nevertheless continue.

The agenda materials may be viewed online at www.brisbaneca.org at least 24 hours prior to a Special Meeting, and at least 72 hours prior to a Regular Meeting.

Remote Public Comments:

Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Aside from commenting while in the Zoom webinar the following email and text line will be also monitored during the meeting and public comments received will be noted for the record during Oral Communications 1 and 2 or during an Item.

Email: [email protected] or Text: (628) 219-2922
City Council Meeting Agenda
1 February 16, 2023 - 2 - 7:30 PM
Join Zoom Webinar: zoom.us (please use the latest version: zoom.us/download) brisbaneca.org/cc-zoom
Webinar ID: 991 9362 8666
Call In Number: 1 (669) 900 9128

SPECIAL ASSISTANCE
If you need special assistance to participate in this meeting, please contact the City Clerk at (415) 508-2113. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

WRITINGS THAT ARE RECEIVED AFTER THE AGENDA HAS BEEN POSTED Any writings that are received after the agenda has been posted but before 4 p.m. of the day of the meeting will be available for public inspection at the front lobby in City Hall and on the internet (www.brisbaneca.org/meetings). Any writings that are received after the agenda has been posted but after 4 p.m. of the day of the meeting will be available on the internet at the start of the meeting (www.brisbaneca.org/meetings), at which time the materials will be distributed to the Council.
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE

ROLL CALL

ADOPTION OF AGENDA

AWARDS AND PRESENTATION
ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
A. Approve Minutes of City Council Closed Session Meeting of February 2, 2023 B. Approve Minutes of City Council Meeting of February 2, 2023 C. Approve Resolution Amending the Current Public Works Maintenance Worker I/II and Public Works Maintenance Lead Worker Job Descriptions
D. Request to Seek Donations/Sponsorships for the 2023 Summer Concerts in the Park Series
E. Introduce an Ordinance, waiving first reading, amending Section 13.04.420 of Chapter

13.04 of the Brisbane Municipal Code pertaining to “Sewer System” (Introduction of this Ordinance is not subject to further environmental review because it is not a project under the California Environmental Quality Act (CEQA). CEQA 2 February 16, 2023 - 3 - 7:30 PM
Guidelines, section 15378 (b) (2). The purpose of this ordinance is to update the municipal code chapter relating to joint sewer laterals.)

PUBLIC HEARING
F. SP-CRO Sierra Point Commercial District; Zoning Text Amendment 2022-RZ-4; Zoning text amendment to Title 17, Chapter 17.18of the Brisbane Municipal Code (BMC) to update existing research and development use provisions and performance standards; and finding that this project is exempt from environment review under CEQA Guidelines Section 15183(a)
(It is being recommended for Council to decide on the draft ordinance to amend the SPCRO Sierra Point Commercial District Research & Development provisions)

NEW BUSINESS
G. Consider Approval of First Amendment to Lease for Property at 25 Park Place, Brisbane, CA. Approval of this First Amendment is exempt from further review under the California Environmental Quality Act because it is not a “project”. Section 15378 (b), CEQA Guidelines.

STAFF REPORTS
H. City Manager’s Report on Upcoming Activities

MAYOR/COUNCIL MATTERS
I. Countywide Assignments and Subcommittee Reports
J. Written Communications
ORAL COMMUNICATIONS NO. 2

ADJOURNMENT
3 File Attachments for Item:

A. Approve Minutes of City Council Closed Session Meeting of February 2, 2023 4 A.

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING
THURSDAY, FEBRUARY 2, 2023

VIRTUAL MEETING

CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Davis called the meeting to order at 7:34 P.M. and led the Pledge of Allegiance.

ROLL CALL
Councilmembers present: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Councilmembers absent: None
Staff Present: City Manager Holstine, City Clerk Padilla, City Attorney McMorrow, Community Development Director Swiecki, Senior Planner Ayres, Senior Planner Johnson, Finance Director Yuen, Human Resources Administrator Partin, Parks and Recreation Director Leek, Parks and Recreation Supervisor Houghton, Police Commander Garcia, Inspector Preston, and Administrative Analyst Ibarra

REPORT OUT CLOSED SESSION
City Attorney McMorrow reported that legal counsel was given direction on the pending litigation cases and no action was taken.

ADOPTION OF AGENDA
Mayor Davis requested to move New Business G ahead of the Public Hearing Item F. Councilmember Lentz made a motion, seconded by Councilmember Mackin, to approve the agenda as amended.

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

Absent: None
Abstain: None
5 A.

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February 2, 2023

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AWARDS AND PRESENTATION
A. Proclamation Recognizing Black History Month
Mayor Davis proclaimed February 2023 as Black History Month acknowledging the value African American residents add to the strength, fortitude, and resilience of our City.

ORAL COMMUNICATIONS NO. 1
Jessee Kerekes and Nancy Lacsamana asked the City to support a harm reduction program of distributing Narcan to reverse the effects of an opiate overdose.

Council members took a brief break for technical difficulties.

Michele Salmon spoke on the importance of calling 911 first to respond to opiate overdose.

CONSENT CALENDAR
B. Approve Minutes of City Council Special Meeting of January 12, 2023 C. Approve Minutes of City Council Meeting of January 19, 2023 D. Approve Resolution Amending the Current Firefighter and Firefighter/Paramedic Job Description E. Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely or in a Hybrid Fashion Due to Health and Safety Concerns for the Public Councilmember Lentz made a motion, seconded by Councilmember Cunningham, to approve Consent Calendar Items B-E.

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

Absent: None
Abstain: None

NEW BUSINESS
F. Consider Approval Moving Forward with the Center for Age Friendly Excellence’s assistance to apply for the Age Friendly Communities certification under the AARP/WHO Network of Age Friendly Communities
Parks and Recreation Leek introduced Ann O’Brien from the Center for Age-Friendly Excellence (CAFÉ). Over the next several months, Brisbane’s Parks and Recreation lead staff would work closely with CAFÉ, who will 6 A.

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February 2, 2023

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provide technical assistance, consultation, applied research access, community organizing synergy, coordination of the assessment process, and will also help write the official application to be submitted to WHO for Brisbane to receive the global Age Friendly Cities designation.

After some Council questions, Sophia Brink from San Mateo County Supevisor Canepa’s Office, spoke in support of the partnership with CAFÉ.

Paul Bouscal spoke how the elderly population are lonely and would benefit from transportation support to San Bruno Mountain.

Councilmember spoke about their concern that the scope of the work will be too heavily focused on Parks and Recreation activities. After further council discussion, Councilmember Cunningham made a motion, seconded by Councilmember Lentz, to approve moving forward with the Center for Age Friendly Excellence’s assistance to apply for the Age Friendly Communities certification under the AARP/WHO Network of Age Friendly Communities.

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

Absent: None
Abstain: None

PUBLIC HEARING
F. Self-certification and Adoption the 2023-2031 Housing Element via a Resolution and Finding These Actions Categorically Exempt from Environmental Review Under CEQA under CEQA Guidelines Sections 15061(b)(3) and 15183(d)

(It is being recommended to adopt the 2023-2031 Housing Element of the General Plan, including proposed goals, policies and programs to promote the construction, rehabilitation and conservation of housing throughout the eight-year planning period consistent with the provisions of State law. The Draft Element identifies sites that are currently zoned or planned to be rezoned to meet Statemandated housing projections (Regional Housing Needs Allocation, or RHNA) for Brisbane over the 2023-2031 planning period.)
Senior Planners Johnson and Ayres reported that The draft 2023-2031 Housing Element was published on August 8, 2022. Following a formal 30-day public comment period and the Planning Commission’s public hearing and recommendation on October 6, 2022, City Council held a public hearing and directed staff to submit the draft Housing Element to the Department of Housing and Community Development (HCD) for an initial 90-day review period. HCD received the draft Housing Element on October 7, 2022 and provided written comments on the Element’s compliance with State Housing Element law on January 4, 2023. (See Attachment 1).Per State law, cities in the Bay Area have until January 31, 2023, plus a 120-day grace period (or May 31, 2023) to adopt an Element and for that adopted Element to be “certified” as compliant with State law by HCD. It is being recommended to adopt the 2023-2031 Housing Element of the General Plan.

After council questions, the Council took a brief break due to technical difficulties. 7 A.

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February 2, 2023

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Mayor Davis opened the public hearing.

Paul Bouscal is concerned about the Brisbane Acres and asked the Council to change the Brisbane Acres’ designation as deeded open space.

Dana Dillworth asked Council not to pass this General Plan Amendment and findings under the threat of builder’s remedy.

Tom Heinz said this plan is egregious and it is not right to spend public funds to clean up private property.

Greg Vilkin from Baylands Development said he is proud to play our role in increasing the housing stock.

Keith Diggs commented that the Council should take its time and not rush passing the plan.

Louis Mirante from Bay Area Council spoke on the need for accountable timelines and work plans.

Ali Sapirman asked not to certify the housing element and add a concrete timeline to development.

Jeremy Levine policy manager of the Housing Leadership Counsel commented that the timeline is still long and the incentives are too few.

Michele Salmon thanked the City Council for their wisdom for making cautious decisions for the benefit of everyone.

Clerk Padilla noted for the records that Glenn Fieldman and Danny Ames wrote correspondences to the Council about the item.

Danny Ames commented that his letter wanted the Council to look at the impact of sea level rise.

Paul Bouscal asked why doesn’t the City offer Baylands a density transfer to industrial park.

Councilmember O’Connell made a motion, seconded by Councilmember Cunningham, to close the public hearing.

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

Absent: None
Abstain: None
Dana Dillworth added that there is an active lawsuit by cities against the Department of Housing and Community Development (HCD) and its Regional Housing Needs Assessments (RHNA).

After Councilmember discussion, Councilmember Lentz made a motion, seconded by Councilmember O’Connell, to self-certify and adoption the 2023-2031 Housing Element via a Resolution and Finding These Actions Categorically Exempt from Environmental Review Under CEQA under CEQA Guidelines Sections 15061(b)(3) and 15183(d).
8 A.

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February 2, 2023

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

Absent: None
Abstain: None

NEW BUSINESS
H. Consider Approving a Resolution for the 2023 California Climate Investments (CCI) Fire Prevention Grant funding opportunity through CAL FIRE for vegetation management and wildfire preparedness.

Inspector Preston that this item is a formality to apply for a public education and roadway fuel reduction grant through CAL FIRE for vegetation management and wildfire preparedness.

Paul Bouscal advocated to include inspection of private and industrial properties with large trees.

Michele Salmon commented that it is difficult to know which trees are a danger to the community.

Councilmember Lentz made a motion, seconded by Councilmember Cunningham, to adopt Resolution for the 2023 California Climate Investments (CCI) Fire Prevention Grant funding opportunity through CAL FIRE for vegetation management and wildfire preparedness.

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

Absent: None
Abstain: None

STAFF REPORTS
H. City Manager’s Report on Upcoming Activities
City Manager Holstine reported on upcoming activities in the City.

MAYOR/COUNCIL MATTERS
I. Request from Commercial /Applicant/property owner to meet the Mayor and City Manager Councilmembers were in favor of the Mayor and the City Manager meeting with Healthpeak. The Mayor will report back to the rest of the council after their meeting.

Mayor Davis made the motion, seconded by Councilmember O’Connell to extend the meeting until 10:40 P.M.

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

Absent: None
9 A.

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February 2, 2023

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Abstain: None
J. Countywide Assignments and Subcommittee Reports
Councilmember Mackin will replace Councilmember O’Connell in the Sierra Point Parkway and Open Space Committee during the Master Planning Process.

Councilmembers gave a report on their county activities and subcommittee meetings.

Mayor Davis made a motion, seconded by Councilmember O’Connell to extend the meeting until 10:45 P.M.

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

Absent: None
Abstain: None
K. Written Communications
Written communication was received from the following members of the public :

Dana Dillworth (2/2/23) Thursday 2/2 Council Meeting to Adopt Housing Element 7:30pm Tony Verreos (1/31/23) Cities suing state of CA
ORAL COMMUNICATIONS NO. 2
Paul Bouscal emphasized the importance of the tree danger issue especially Eucalyptus Trees.

Michele Salmon shared her concern about the Notice of Preparation to make comments on the EIR for the Orchard Partners’ application and felt that the RHNA numbers is not equitable to the City.

ADJOURNMENT
Mayor Davis adjourned the meeting at 10:45 P.M.
_________________
Ingrid Padilla, City Clerk
10 A.

File Attachments for Item:

B. Approve Minutes of City Council Meeting of February 2, 2023 11 B.

BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, FEBRUARY 2, 2023

VIRTUAL MEETING
6:30 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION
Government Code, Section 54956.9 (d) (1).

Number of Cases: Two
• BRE SH Brisbane Owner, LLC v. City of Brisbane, San Mateo County Superior Court, Case No. 22-CIV01112 • City of Brisbane v. CA High-Speed Rail Authority (Superior Court of Sacramento County, Case No. 80004010)
Mayor Davis called the meeting to order at 6:36 P.M.

No member of the public wished to make public comment.

Councilmember Cunningham made a motion, seconded by Councilmember Lentz to approve the agenda as it stands. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
Mayor Davis adjourned the meeting into Closed Session.

REPORT OUT CLOSED SESSION
City Attorney McMorrow reported that updates were provided to Council, legal counsel was given direction and no action was taken at Closed Session regarding Item D.

ADJOURNMENT
The meeting was adjourned at 7:19 P.M.
__________________________
12 Ingrid Padilla, City Clerk
B.

File Attachments for Item:

C. Approve Resolution Amending the Current Public Works Maintenance Worker I/II and Public Works Maintenance Lead Worker Job Descriptions
13 C.

Approve Resolution Amending the Current Public Works Maintenance Worker I/II and Public Works Maintenance Lead Worker Job Descriptions

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CITY COUNCIL AGENDA REPORT
Meeting Date: February 16, 2023
From: Abby Partin, Human Resources Administrator
Subject: Approve Resolution Amending the Current Public Works Maintenance Worker I/II and Public Works
Maintenance Lead Worker Job Descriptions
Community Goal/Result
Fiscally Prudent, Safe Community
Purpose
To continue to provide high level of service from the Public Works Department and to ensure the community continues to receive excellent service by retaining and attracting exceptional employees in a financially prudent manner.

Recommendation
Approve Resolution amending the current Public Works Maintenance Worker I/II and Public Works Maintenance Lead Worker job descriptions.

Background
On or around September 2022, the Public Works Team Leaders met with the Public Works Director to discuss and update the Public Works Maintenance Workers I/II and Public Works Maintenance Lead Worker certification requirements to provide clear expectations for each classification and its sub-groups.

Discussion
Historically, the Marina Maintenance Worker, Park Facilities Maintenance Worker, and Public Works Maintenance Worker (Buildings and Grounds, Sewer and Water) I/II job descriptions were separate documents and did not include certification requirements. To better meet the department-wide needs going forward and for clarity purposes, staff is recommending a comprehensive Public Works Maintenance Worker I/II job description that encompasses all five (5) sub-groups- Parks Facilities, Marina, Buildings and Grounds, Sewer and Water, with descriptions of their unique specialties corresponding to their functions and varying certification requirements. The amended Public Works Maintenance Lead Worker job description has the same format and structure as the Maintenance Worker I/II listing the required certifications for each sub-group. The proposed changes for the two job descriptions were discussed with the General Employees Association group for any comments and questions as the incumbents are members of this employee group. The group had no concerns. 14 C.

Approve Resolution Amending the Current Public Works Maintenance Worker I/II and Public Works Maintenance Lead Worker Job Descriptions

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Classification Proposed Change Rationale
Parks Facilities
Maintenance Worker I
add Water Distribution I (D1) within
12 months, Certified Pool Operator
(CPO) within 18 months
D1 allows this position to be
placed into on-call rotations;
Pool Operator certificate is held
by current employee, but not
required in the job description
Parks Facilities
Maintenance Worker II
add Water Distribution II (D2) or
California Water Environment
Association (CWEA) I/II or other as
approved by Public Works Director
(PWD)
Provides clear expectations for
promotion to Maintenance
Worker (MW) II.

Marina Maintenance
Worker I
add D1 within 12 months Allows this position to be placed into on-call rotations. Current
employees hold this
certification
Marina Maintenance
Worker II
add D2 or CWEA I/II or other (e.g.,
CPO) as approved by PWD
Provides clear expectations for
promotion to MWII.

PW Maintenance Worker I
- Water
No changes
PW Maintenance Worker
II - Water
PWD may approve substitution for
Class B California Driver’s License
(CDL) (e.g., CWEA I/II)
Water Team does not have
vehicles requiring a Class B CDL
to operate.

PW Maintenance Worker I
- Sewer
add CWEA I within 18 months This is an appropriate
certification for Sewer Team.

PW Maintenance Worker
II - Sewer
PWD may approve substituting CWEA
II for D2. Clarify this is a "specified
position" requiring Class B CDL
Higher sewer cert is more
appropriate than higher water
cert for this position. Operation
of the Vactor truck requires a
Class B CDL.

PW Maintenance Worker I
- Buildings and Grounds
No changes
PW Maintenance Worker
II - Buildings and Grounds
PWD may approve substitution for
Class B CDL and for D2 (e.g., CPO)
Building and Grounds team
does not have vehicles requiring
a Class B CDL to operate. Other
certificates are more
appropriate than water
certifications for this team.

Lead Maintenance Worker
- Water
PWD may approve substitution for
Class A or B CDL
Water Team does not have
vehicles requiring a Class B CDL
to operate.

Lead Maintenance Worker
- Sewer
Clarify this is a "specified position"
requiring Class B CDL
Operation of the Vactor truck
requires a Class B CDL.
15 C.

Approve Resolution Amending the Current Public Works Maintenance Worker I/II and Public Works Maintenance Lead Worker Job Descriptions

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Lead Maintenance Worker
- Buildings and Grounds
add CPO, PWD may approve
substitute for Certified Landscape
Technician certificate and Qualified
Applicator Certificate
The latter two certs are more
appropriate for the Team
Leader. Pool certificate is
appropriate to supervise the
Parks and Facilities MW.

Fiscal Impact
There is no fiscal impact in adopting a Resolution that reflects updated position certification requirements.

Measure of Success
The City is able to maintain a stable and high quality workforce.

Attachments
Resolution 2023-XX
_________________________ ________________________
Abby Partin, Human Resources Clay Holstine, City Manager Administrator
16 C.

RESOLUTION NO 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE AMENDING RESOLUTION 2001-11 TO INCLUDE THE AMENDMENTS TO THE

CLASSIFICATIONS OF PUBLIC WORKS MAINTENANCE WORKER I/II AND

PUBLIC WORKS MAINTENANCE LEAD WORKER IN THE CLASS SPECIFICATION MANUAL
WHEREAS, on February 13, 2001, the City Council approved Resolution 2001- 11 establishing the Classifications and Pay Plan and approving the class descriptions included in Exhibit “A” of said resolution for development of the Class Specification Manual; and
WHEREAS, the City Manager has established the need for the amendments in the classifications of Public Works Maintenance Worker I/II and Public Works Maintenance Lead Worker; and
WHEREAS, the class description amendments for Public Works Maintenance Worker I/II and Public Works Maintenance Lead Worker were developed in cooperation with and have been approved by the City Manager; and
WHEREAS, this newly developed class descriptions for Public Works Maintenance Worker I/II and Public Works Maintenance Lead Worker meet the requirements established Rule 6.02b of the City of Brisbane Personnel Rules and Regulations for the Class Specification Manual.

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

The class descriptions for the classifications of Public Works Maintenance Worker I/II and Public Works Maintenance Lead Worker in Exhibit “A” are approved for inclusion in the Class Specification Manual.

Section 1. Resolution Number 2000-04 is
_________________
Madison Davis, Mayor
17 C.

I hereby certify that the foregoing Resolution No. 2023-XX was duly and regularly adopted at a regular meeting of the Brisbane City Council on February 16, 2023, by the following vote:

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
18 C.

CITY OF BRISBANE

PUBLIC WORKS LEAD MAINTENANCE WORKER
Definition
Under general supervision of the designated Public Works Supervisor, Team Leader or Harbormaster, leads a crew and personally performs a variety of semiskilled and skilled tasks involved in the construction, modifications, maintenance, repair and operation of City infrastructure, including streets, parks and landscaped areas, trees, storm and sanitary sewers, water and wastewater systems, and marina facilities; participates in the more complex public works construction and repair work; and does other duties and assignments as directed.

Class Characteristics
This experienced-level class has functional and technical responsibilities for a single crew of Maintenance Worker or Marina Maintenance Worker classes; works as a member of the crew and performs the more difficult and complex maintenance and repair tasks that require knowledge and skill in the general trade fields; and assists with supervising, training and directing of less experienced staff. This classification also performs any and all of the duties set forth in the lower-level classifications in the series.

This class is distinguished from the Public Works Team Leader in that the Team Leader has departmental and administrative support responsibilities, in addition to assigning, supervising, reviewing and evaluating the work of the Public Works Lead Maintenance Workers and the Public Works Maintenance Workers and Marina Maintenance Workers. This class is also distinguished from the Public Works Team Leader in that the latter has oversight for multiple crews, oversight of contractors, and administrative and fiscal oversight responsibility for specific programs and/or projects.

Examples of Duties (Illustrative Only)
Sewer Lead
• Excavate and prepare potholes and excavations related to utility line repair for patching on streets and alleys.
• Load cold and hot mix, asphalt and patching oil; apply and finishes as required. • Use an airless paint sprayer, mix, thin and apply paint and stripes streets, crosswalks and stop sign bars; replace reflective pavement markers and street signs.
• Remove concrete, build forms and repair sidewalks and gutters that have been damaged and are trip hazards or need repair after water or wastewater line work; perform other concrete work around City buildings as required.
• Clean storm drains, sidewalks, and other appurtenances using a variety of hand and power tools and equipment.
• Maintain, clean, repair and flush underground storm and sanitary sewer collection systems; and install new service laterals.
• Operate a street sweeper on a regularly assigned schedule. • Determine the location of underground lines and marks them accordingly. • Apply pesticides, as required, if appropriately certified.

Exhibit A
19 C.

Public Works Lead Maintenance Worker

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Building and Grounds Lead
• Plant, water, fertilize and remove annual and perennial plantings and maintain landscaped areas in an attractive condition.
• Mow and rake grass areas; edge grass areas and remove weeds from landscaped and grass areas. • Prune and hedge shrubs and trees in parks and street areas. • Maintain playground equipment in a safe operating condition. • If appropriately certified, apply herbicides and pesticides as required. • Empty trash containers and remove trash from parks, landscaped areas and other City properties. • Plant, trim, water, stake and maintain City trees; removes dead or unwanted trees. • Maintain public facilities, shop areas and other buildings in a clean and orderly condition, performing regularly assigned custodial work.
• Perform basic remodeling to City facilities; paint the inside and outside of all City buildings; removes graffiti and repairs vandalism.
• Repair and replace plumbing fixtures, as required.
• Inspect and perform routine maintenance on HVAC equipment. • Repair, replace and maintain interior and exterior lighting systems.

Water Lead
• Excavate and prepare potholes and excavations related to utility line repair for patching on streets and alleys.
• Load cold and hot mix, asphalt and patching oil; apply and finishes as required. • Operate backhoe in digging trenches for pipe; operate trencher in digging narrow trenches; operate loader in loading truck; operate dump truck; set up tapping machines and tap into main lines. • Set up and operate auger machine to make opening under highway and sidewalks. • Measure and cut pipe.
• Install mains, service laterals, copper tubing, hydrants, valves, meters and meter boxes; read water meters.
• Determine location of underground lines and mark accordingly. • Operate and repair valves as needed.
• Inspect, operate and maintain pump stations and water reservoirs. • Read grade stakes for water service, meter height, and fire hydrants.

Marina Lead
• Repair docks, storage lockers, piers and access ramps; performs maintenance painting on all buildings and facilities and applies wood preservatives; repairs security gates as required. • Rewire docks to meet tenant needs; maintains lighting circuits for boater safety and performs related basic electrical maintenance work.
• Maintain and repair pumps, irrigation and plumbing facilities. • Greet and provides service and assistance to boat owners and visitors; ensures that Marina tenants and visitors have access and use of facilities as required; provides assistance to boaters in docking and maneuvering watercraft; explains rules, regulations and required fees and rental charges. • Perform custodial work in and around Marina facilities; empties trash containers and picks up litter; cleans and stocks restrooms; cleans floors, walls, furniture, windows and other interior and exterior elements of Marina facilities; removes graffiti and repairs vandalism; reports the need for major maintenance or repair.
• Maintain Marina landscaping and parking areas in a clean and orderly condition. • Respond to emergencies and protects boats and personal property from damage, pumps out boats that are taking on water and takes debris and toxic materials to an appropriate waste or recycle site. 20 C.

Public Works Lead Maintenance Worker

Page 3 ends

• Maintain public facilities, shop areas and other buildings in a clean and orderly condition, performing regularly assigned custodial work.
• Contact berth renters to notify them of work to be performed.

All Assignments
• Troubleshoot maintenance and repair problems, determine materials and equipment required for repair; may purchase materials and supplies from established suppliers. • Direct the work of an assigned crew on a project basis; assist with the training and direction of new or temporary staff.
• Contact residents and businesses to inform them of work to be performed. • Operate a variety of vehicles and construction equipment. • Inspect and perform service, minor maintenance and repair on a variety of hand and power tools, vehicles and equipment.
• Maintain logs and records of work performed and materials and equipment used. • Report the need for major contract repair or maintenance of facilities and equipment.

Qualifications
Knowledge of:
• Maintenance principles, practices, tools and materials for maintaining and repairing a variety of facilities, buildings, grounds and equipment such as found in the City and/or Marina. • The operation and minor maintenance of a variety of hand and power tools, vehicles and power equipment.
• Safety equipment and practices related to the work, including the handling of hazardous chemicals. • General principles of supervision
• Applicable codes and regulations.
• Shop arithmetic
• Safe driving rules and practices.
• Basic traffic control procedures.

Skill in:
• Providing instruction and guidance to maintenance workers. • Performing semiskilled construction, modification, maintenance and repair work on a variety of facilities, buildings, grounds and equipment such as found in the City and/or Marina. • Troubleshooting maintenance problems and determining materials and supplies required for repair. • Using and maintaining tools and equipment related to the work skillfully and safely. • Making accurate arithmetic calculations.
• Reading and interpreting construction drawings and specifications. • Maintaining accurate logs, records and basic written records of work performed. • Understanding and following oral and written directions. • Working independently or in a team situation.
• Establishing and maintaining effective working relationships with those contacted in the course of the work.
21 C.

Public Works Lead Maintenance Worker

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Education and Experience:

Any combination of education, experience and training that would provide the required knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be:

Education: Equivalent to graduation from high school.

Experience: Four years of increasingly responsible full-time experience in public works and/or marina related operations and maintenance, including construction, maintenance and repair of street, sewers, storm drains, docks, electrical, systems, plumbing systems, and related public works and/or marina infrastructure.

License:

Must possess a valid California class C driver’s license and have a satisfactory driving record.

Water Team
Water Distribution Operator II issued by the State of California. Class B CDL or substitution (e.g., California Water Environment Association [CWEA] I/II) as approved by Public Works Director.

Sewer Team
CWEA II Collection certification. Class B CDL.

Buildings & Grounds/Streets Team
Certified Landscape Technician (maintenance and irrigation) issued by the California Landscape Contractors Association and a Qualified Applicator Certificate issued by the Department of Pesticide Regulations, or substitution as approved by Public Works Director.

Marina Team
Water Distribution Operator II, CWEA I/II, Certified Pool Operator, or other as approved by the Public Works Director.

Such certifications shall be maintained during employment.

Working Conditions:

Must be available for regular standby assignments and work emergency overtime as required. Must be willing to work out of doors in all weather conditions and with exposure to traffic, boating hazards and other potentially hazardous conditions.

Physical Demands:

Must possess strength, stamina and mobility to perform heavy physical work, use varied hand and power tools, drive a motor vehicle and heavy construction equipment and lift and move materials and equipment weighing to 90 pounds and heavier weights with the use of proper equipment; visions to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio. Marina Lead must be able to operate a small powerboat and swim 25 yards unassisted. 22 C.

Public Works Lead Maintenance Worker

Page 5 ends

Approved Date: January 14, 2002
Resolution: 2002-05
Revised Date: February 16, 2023
Resolution:

Bargaining Unit: General Employees Association
Resolution: 2002-06
Former Titles:

Abolished:
23 C.

CITY OF BRISBANE

PUBLIC WORKS MAINTENANCE WORKER I/II
Definition
Performs a variety of semiskilled work in the construction, modification, maintenance, repair and operation of City infrastructure, including streets, parks and landscaped areas, trees, storm and sanitary sewers, water and wastewater systems.

Class Characteristics
Public Works Maintenance Worker I is the entry-level into this maintenance class series. Initially under close supervision, incumbents with basic maintenance experience learn City facilities, use of tools and equipment and a wide variety of practices and procedures. As experienced is gained, assignments become more varied and are performed with greater independence. This class is alternately-staffed with Public Works Maintenance Worker II and incumbents may advance to the higher level after gaining the knowledge, skill and experience which meet the qualifications for and demonstrating the ability to perform the work of the higher-level class. This class may also be used for temporary or part-time staffing as determined by the needs of the City.

Public Works Maintenance Worker II is the journey-level class, capable of performing a wide variety of work to ensure that the public facilities and infrastructure of the City are maintained in a safe and effective working condition. Responsibilities include performing work in all operational and maintenance areas, depending upon the immediate needs of the City. While incumbents may possess craft-level skills in one or more areas of activity, all are expected to be able to perform basic maintenance and repair in all areas of assignment. This class is distinguished from Public Works Team Leader in that the latter has administrative, budgetary and departmental support responsibilities in addition to assigning, supervising, reviewing and evaluating the work of Public Works Maintenance Workers.

Supervision Received and Exercised
Receives general supervision from a Public Works Team Leader and technical and functional oversight from a Public Works Lead Maintenance Worker.

No supervisory responsibilities required.

Examples of Important and Essential Duties- the duties described below are provided as examples and are not to be considered as exclusive or all inclusive:

All Assignments
• Troubleshoots maintenance and repair problems, determines materials and equipment required for repair; may purchase materials and supplies from established suppliers. • Contacts residents and businesses to inform them of work to be performed. • Operates a variety of vehicles and construction equipment. • Inspects and performs service, minor maintenance and repair on a variety of hand and power tools, vehicles and equipment.
• Maintains logs and records of work performed and materials and equipment used. • Reports the need for major contract repair or maintenance of facilities and equipment.

Street Maintenance
• Excavates and prepares potholes and excavations related to water and wastewater line repair for patching on streets and alleys.
• Loads cold and hot mix, asphalt and patching oil; applies and finishes as required. 24 C.

Public Works Maintenance Worker I/II

Page 2 ends

• Removes concrete, builds forms and repairs sidewalks and gutters that have been damaged and are trip hazards or need repair after water or wastewater line work; performs other concrete work around City buildings, as required.
• Cleans storm drains, sidewalks, and other appurtenances using a variety of hand and power tools and equipment.
• Maintains, repairs and flushes underground water distribution lines and storm and sanitary sewer collection systems.
• Determines the location of underground lines and marks them accordingly.

Parks Maintenance/Landscaping/Trees
• Prunes hedges, shrubs and trees in parks and street areas. • Maintains playground equipment in a safe operating condition. • Empties trash containers and removes trash from parks, landscaped areas and other City properties.
• Plants, trims, waters, stakes and maintains City trees; removes dead or unwanted trees.

Building Maintenance
• Maintains public facilities, shop areas and other buildings in a clean and orderly condition, performing regularly assigned custodial work.
• Performs basic remodeling to City facilities; paints the inside and outside of all City buildings; removes graffiti and repairs vandalism.
• Repairs and replaces plumbing fixtures, as required.
• Repairs, replaces and maintains interior and exterior lighting systems Marina Maintenance
• Greets and provides service and assistance to boat owners and visitors; ensures that Marina tenants and visitors have access and use of facilities; provides assistance to boaters in docking and maneuvering water craft; explains rules, regulations and required fees and rental charges. • Repairs docks, storage lockers, piers and access ramps; performs maintenance painting on all building and facilities and applies wood preservatives; repairs security gates as required. • Rewires docks to meet tenant needs; maintains lighting circuits for boater safety and performs related basic electric maintenance work.
• Maintains and repair pumps, irrigation and plumbing facilities. • Responds to emergency situations; pumps out boats that are taking on water; dismantles derelict vessels and takes debris and toxic materials to an appropriate waste or recycle site. • Performs custodial work in and around Marina facilities; empties trash containers and picks up litter; cleans and stocks restrooms; cleans floors, walls, furniture, windows and other interior and exterior elements of Marina facilities; removes graffiti and repairs vandalism; reports the need for major maintenance or repair.
• Maintains Marina landscaping and parking areas in a clean and orderly condition. • Troubleshoots maintenance and repair problems, determines materials and equipment required for repair; may purchase materials and supplies from established suppliers. • May direct the work of an assigned crew on a project basis; assists with the training and direction of new or temporary staff.
• Responds to emergencies and protects boats and personal property from damage. • Inspects and performs service, minor maintenance and repair on a variety of hand and power tools, vehicles and equipment.
• Maintains logs and records of work performed and materials and equipment used. 25 C.

Public Works Maintenance Worker I/II

Page 3 ends

Qualifications
Knowledge of:
• Maintenance principles, practices, tools and materials for maintaining and repairing a variety of facilities, buildings, grounds and equipment such as found in the City. • The operation and minor maintenance of a variety of hand and power tools, vehicles and power equipment.
• Safety equipment and practices related to the work, including the handling of hazardous chemicals.
• Applicable codes and regulations.
• Shop arithmetic
• Safe driving rules and practices.
• Basic traffic control procedures.

Skill to:
• Perform semiskilled construction, modification, maintenance and repair work on a variety of facilities, buildings, grounds and equipment such as found in the City. • Use and maintain tools and equipment related to the work skillfully and safely.

Ability to:
• Troubleshoot maintenance problems and determine materials and supplies required for repair. • Make accurate arithmetic calculations.
• Read and interpret construction drawings and specifications. • Maintain accurate logs, records and basic written records of work performed. • Understand and follow oral and written directions.
• Work independently or in a team situation.
• Establish and maintain effective working relationships with those contacted in the course of the work.

Education and Experience: Any combination of education, experience and training that would provide the required knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be:

Education: Sufficient education to perform work requirements.

Experience:

Public Works Maintenance Worker I – Six months of construction, maintenance or repair experience in at least one of the areas found in City work.

Public Works Maintenance Worker II – In addition to the above, two years of semi-skilled maintenance experience in a variety of craft areas at a level equivalent to the City’s class of Public Works Maintenance Worker I.

License/Certificates:

Must possess a valid California class C driver’s license and have a satisfactory driving record.

Water Team
Maintenance Worker I: Water Distribution Operator I within 12 months.

Maintenance Worker II: Water Distribution Operator II. Class B CDL or substitution (e.g., California Water Environment Association [CWEA] I/II) as approved by Public Works Director. 26 C.

Public Works Maintenance Worker I/II

Page 4 ends

Sewer Team
Maintenance Worker I: Water Distribution Operator I within 12 months. CWEA I within 18 months
Maintenance Worker II: CWEA II. Class B driver’s license.

Building & Grounds/Streets Team
Maintenance Worker I: Water Distribution Operator I within 12 months.

Maintenance Worker II: Certified Pool Operator certificate. Class B CDL or substitution (e.g., CWEA I or Water Distribution Operator II) as approved by Public Works Director.

Marina Team
Maintenance Worker I: Water Distribution Operator I within 12 months Maintenance Worker II: Water Distribution Operator II, CWEA I/II, Certified Pool Operator, or other as approved by the Public Works Director.

Parks Facilities Team
Maintenance Worker I: Water Distribution Operator I within 12 months, Certified Pool Operator within 18 months.

Maintenance Worker II: Water Distribution Operator II, California Water Environment Association I/II Certificate, or substitution as approved by the Public Works Director.

Such certifications shall be maintained during employment.

Working Conditions: May be available for regular standby assignments and work emergency overtime as required. Must be willing to work out of doors in all weather conditions and with exposure to traffic and potentially hazardous conditions.

Physical Demands: Must possess strength, stamina and mobility to perform heavy physical work, use varied hand and power tools, drive a motor vehicle and heavy construction equipment and move materials and equipment weighing up to 90 pounds and heavier weights with the use of proper equipment; visions to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio.

Approved Date: February 13, 2001
Resolution: 2001-11
Revised Date: February 16, 2023
Resolution:

Bargaining Unit: General Employees Association
Resolution: 2001-20
Former Titles:

Abolished:
27 C.

File Attachments for Item:

D. Request to Seek Donations/Sponsorships for the 2023 Summer Concerts in the Park Series 28 D.

Request to Seek Donations/Sponsorships for the 2023 Summer Concerts in the Park Series Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: February 16, 2023
From:Jeff Franco, Recreation Coordinator
Subject: Request to Seek Donations/Sponsorships for the 2023 Summer Concerts in the Park Series
Community Goal/Result
Community Building, Fiscally Prudent
Purpose
Provide the community an opportunity take ownership and contribute toward the City’s Concerts in the Park series.

Recommendation
Grant permission to City staff to seek donations/sponsorships from Brisbane community members and businesses for the 2023 Summer Concerts in the Park series.

Background
The Concerts in the Park series has existed in Brisbane for more than 15 years. Sponsorships have always provided the community a way, not only to contribute, but to be personally engaged in the process of bestowing entertainment upon their fellow residents. With the assistance from community-based sponsorships, City staff strive to procure the highest quality bands to perform in the concert series.

Every year the goal is to continually raise the bar to be able to deliver community favorite bands or new and polished bands that will entertain Brisbane residents. The average sponsorship totals over the past 5 years have been between $11,000-$14,000, which has helped to achieve that goal.

Discussion
Parks & Recreation department staff seek permission to secure donations/sponsorships from Brisbane community members and businesses for the 2023 Summer Concerts in the Park series.

Fiscal Impact
This community-based fundraising approach diminishes the burden on the City’s general fund.

Consistent with past fundraising efforts, staff aspire to secure $11,000-$14,000 in sponsorships and donations to cover non-personnel expenses associated with facilitating the Summer Concert series.
29 D.

Request to Seek Donations/Sponsorships for the 2023 Summer Concerts in the Park Series Page 2 of 2
Attachments

1. 2023 Fundraising Plan
___________________________________ ___________________________________ Jeff Franco, Recreation Coordinator Clay Holstine, City Manager 30 D.

City of Brisbane Fundraising Plan
Fundraising Plan Title and Purpose: Please provide a title and description for your fundraising project.

Request to Seek Donations/Sponsorships for the 2023 Summer Concerts in the Park Series.

Fundraising Participants: Please list the names for all groups and individuals that will be conducting fundraising.

Nicole Houghton, Recreation Supervisor
Jeff Franco, Recreation Coordinator
Donation Type/Amount: Please describe the types and amount of donations that will be sought.

Monetary Donations.

There are 4 levels of sponsorships:
-Bronze: $100 -Silver: $250 -Gold: $1000 -Platinum: $2500 Anticipated Donors: Please describe who will be approached for donations.

Brisbane community members & Brisbane businesses
Donor Recognition Plan: Please describe how donors will be recognized.

Sponsors will be recognized on the signboards, posters that are hung on the gazebo in the Community Park, in city publications, at the concerts themselves, and also by the City Council.

Fundraising Timeline:

Council Review of Fundraising Plan: City Council Meeting, 2/16/23 Fundraising Start: March 2023
Fundraising Completion: July 2023
Council Review of Donations:

Donor Recognition Complete:

Restrictions/Reporting: Please identify any restrictions or reporting requirements associated with this fundraising plan.
31 D.

File Attachments for Item:

E. Introduce an Ordinance, waiving first reading, amending Section 13.04.420 of Chapter 13.04 of the Brisbane Municipal Code pertaining to “Sewer System” (Introduction of this Ordinance is not subject to further environmental review because it is not a project under the California Environmental Quality Act (CEQA). CEQA Guidelines, section 15378 (b) (2). The purpose of this ordinance is to update the municipal code chapter relating to joint sewer laterals.)
32 E.

Ordinance No. - - - – Sewer System Page 1 of 3

CITY COUNCIL AGENDA REPORT
Meeting Date: February 16, 2023
From: Director of Public Works/City Engineer
Subject: Municipal Code Changes to Sewer System Chapter Community Goal/Result: Ecological Sustainability
Purpose
To introduce an ordinance that will update the municipal code chapter relating to joint sewer laterals; this action is consistent with the community’s goals of making decisions based on stewardship of the environment, and reducing waste streams.

Recommendation
Introduce an Ordinance, waiving first reading, amending Section 13.04.420 of Chapter 13.04 of the Brisbane Municipal Code pertaining to “Sewer System .” Introduction and adoption of this Ordinance is not subject to further environmental review because it is not a project under the California Environmental Quality Act (CEQA). CEQA Guidelines, section 15378 (b) (2).

Background
Paragraph I of BMC §13.04.420 states:

BMC §13.04.430 provides detailed conditions under which the Director of Public Works may approve a joint sewer lateral, including paragraph “G”, which is nearly identical to the language quoted above:
1 of 6
33 E.

Ordinance No. - - - – Sewer System Page 2 of 3
Discussion
In discussion with legal counsel, there seems to be no added value to have the City Council approve by Resolution a private sewer lateral on another’s property, when the exact same requirements (minus the passing of a Resolution) are also found in the conditions imposed on the Public Works Director. An argument might also be made that the requirement to obtain Council’s approval is overly restrictive on the property rights of the landowner who would grant the easement.

In practice over the last 22 years, the Council has not questioned any request to approve a joint sewer lateral. When willing parties do desire to enter into a joint sewer lateral agreement, this action is to the benefit of the city because it provides specificity as to responsibility for repair and maintenance of sewer laterals, which has in past been problematic when a shared lateral overflowed without benefit of assigned responsibility.

The recommended action removes only the requirement for Council to approve joint sewer laterals by Resolution. All other existing requirements remain in effect. This action will expedite the processing of shared sewer lateral agreements. 2 of 6
34 E.

Ordinance No. - - - – Sewer System Page 3 of 3
Environmental Review
Introduction and adoption of this Ordinance is not a project under CEQA because it is a continuing administrative activity, such as general policy and procedure making, and not applied to any specific instance. CEQA Guidelines, Section 15378 (b)(5). Accordingly, no further environmental review is necessary.

Fiscal Impact
None as a direct result of the recommended action.

Measure of Success
An updated sewer system municipal code chapter that expedites the processing of shared sewer lateral approvals.

Attachments

1. Proposed Ordinance

2. Red-line version comparing existing code section to proposed changes ___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 3 of 6
35 E.
~ 1 ~
Ordinance No. - - -
ORDINANCE NO. - - -

AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING SECTION 13.04.420 OF CHAPTER 13.04

OF THE BRISBANE MUNICIPAL CODE CONCERNING SEWER SYSTEM
The City Council of the City of Brisbane hereby ordains as follows:

Section 1: Section 13.04.420 of the Brisbane Municipal Code is amended by deleting subsection I thereof and Section 13.04.420 to read as follows:
“13.04.420 - Sewer installation specifications and requirements.

Sewers to be installed in the city shall satisfy the following requirements:

A. All sewers constructed in the public right-of-way shall be constructed in accordance with plans and specifications approved by the city council upon recommendation of the director. Sewer laterals shall be constructed in accordance with standard plans prepared by the director and approved by the city council.

B. Minimum size of all sewer laterals shall be four (4) inches and shall require a cleanout at the property line.

C. The minimum size of public sewers shall be eight (8) inches and standard manholes shall be placed at frequencies no greater than three hundred (300) feet or in places of change of direction or grade, except sewers twelve (12) inches in diameter or greater, under which circumstances the specific design shall be approved by the director.

D. When sewers cannot be placed in the public right-of-way or in existing rights-of-way of ten (10) feet in width or greater, special easements shall be acquired a minimum of ten (10) feet in width and wherever possible shall straddle existing property lines.

E. Wherever easements ten (10) feet in width or greater can be acquired, public sewers shall be extended in accordance with approved plans and specifications and in accordance with proper master planning for the area being served.

F. Wherever a public sewer can be extended along public rights-of-way or standard easements, each service shall be extended to the public sewer by a sewer lateral serving only one unit of ownership unless the city council, by resolution, approves the service of more than one unit of ownership by a lateral.

G. A cleanout shall be placed on each sewer lateral at the transition between the upper and lower portions of the lateral. The director may additionally require the installation of a backflow 4 of 6
36 E.
~ 2 ~
Ordinance No. - - -
prevention device on the sewer lateral when he or she reasonably believes backflow has or may occur.

H. Wherever a substandard extension of the public sewer exists, i.e., a line smaller than eight (8) inch or across private easements, no further extension of the sewer line can be made until such a time as an agreement for maintenance and rights of easement for all individuals using the line is recorded with the office of the county recorder.”
Section 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Brisbane hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.

Section 3: This Ordinance shall be in full force and effect thirty days after its passage and adoption.
* * * *
The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Brisbane held on the ________ day of ____________________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Madison Davis, Mayor
ATTEST:
_____________________________
Ingrid Padilla, City Clerk
APPROVED AS TO FORM:
_____________________________
Thomas R. McMorrow, City Attorney
5 of 6
37 E.
“Redlined” proposed change to BMC §13.04.420

13.04.420 - Sewer installation specifications and requirements.

Sewers to be installed in the city shall satisfy the following requirements:

B. Minimum size of all sewer laterals shall be four (4) inches and shall require a cleanout at the property line.

G. A cleanout shall be placed on each sewer lateral at the transition between the upper and lower portions of the lateral. The director may additionally require the installation of a backflow prevention device on the sewer lateral when he or she reasonably believes backflow has or may occur.

File Attachments for Item:

F. SP-CRO Sierra Point Commercial District; Zoning Text Amendment 2022-RZ-4; Zoning text amendment to Title 17, Chapter 17.18of the Brisbane Municipal Code (BMC) to update existing research and development use provisions and performance standards; and finding that this project is exempt from environment review under CEQA Guidelines Section 15183(a) (It is being recommended for Council to decide on the draft ordinance to amend the SP-CRO Sierra Point Commercial District Research & Development provisions) 39 F.

CITY COUNCIL AGENDA REPORT
Meeting Date: February 16, 2023
From: John Swiecki, Community Development Director
Subject: SP-CRO Sierra Point Commercial District; Zoning Text Amendment 2022-RZ-4; Zoning text amendment to Title 17, Chapter 17.18 of the Brisbane Municipal Code (BMC) to update existing research and development use provisions and performance standards; and finding that this project is exempt from environment review under CEQA Guidelines Section 15183(a).

COMMUNITY GOAL/RESULT
Safe Community - Residents and visitors will experience a sense of safety.

PURPOSE
To update the research and development (R&D) permitted and conditional use provisions contained in the SP-CRO Sierra Point Commercial District zoning, Brisbane Municipal Code Chapter 17.18.

RECOMMENDATION
Decide on the draft ordinance to amend the SP-CRO Sierra Point Commercial District R&D provisions (see Attachment 1).

BACKGROUND
BMC Section 17.02.675 defines research and development as “a use engaged in studying, testing, designing, analyzing and experimenting with potential or existing products, processes or services, including cannabis and cannabis products.”
On June 16, 2008, City Council adopted zoning provisions, via Ordinance 528, allowing for R&D uses as either permitted by-right or as conditional uses in the Sierra Point Commercial District.

With regards to using live animals, the ordinance provisions permitted by-right, R&D on live insects, rodents, rabbits, fish, and amphibians. R&D involving the use of live dogs, cats or nonhuman primates was prohibited. Use of other live animals that are not named as permitted or prohibited are subject to a conditional use permit. Additionally, a provision was included 40 F.

February 16, 2023 Meeting

Page 2 of 4 ends

that City Council is named as the approving authority instead of the Planning Commission, as is the case with all other use permits.

In 2022, Bristol-Myers Squibb (BMS) applied for a use permit to conduct R&D using minipigs at 1400 Sierra Point Parkway. That has been the only R&D use permit application filed to date pursuant to the regulations described above. That application was heard by City Council on May 19, 2022, continued for further public hearing and then withdrawn by the applicant on August 26th, before a decision was made. Following the withdrawal of that application, the City Council directed staff to initiate a zoning code amendment to consider updates to the live animalstesting provisions. An ad hoc City Council subcommittee (Councilmembers Cunningham and Mackin) met on October 31, 2022 and indicated a desire to consider prohibiting the use of all animals except those expressly permitted under the ordinance, thereby eliminating the category of conditionally permitted animal use. The subcommittee also expressed interest in considering the removal of rabbits from the R&D permitted uses list.

A public hearing was held at the Planning Commission on January 26, 2023 to consider the following draft amendments:
• Elimination of the use permit category of R&D using live animals. Thus, R&D using specifically named live animal groups would be permitted by right, and the use of all other animals would be prohibited.
• Rabbits would be removed from the permitted R&D uses category. • Permitted R&D uses would be expanded beyond insects to the larger category of invertebrates (i.e. animals without a backbone such as insects, spiders, worms, etc.).

Permitted uses would also be expanded from amphibians to also include reptiles. • Aside from animal testing, use permits for R&D utilizing biological agents exceeding National Institute of Health (NIH) Risk Group 3 would still be required, but the approving authority would be the Planning Commission, instead of City Council, with Council still being the authority on appeal of a Planning Commission decision, as is the process for other use permits.
• An organizational cleanup of the performance standard provisions was also included in the draft ordinance.

The January 26, 2023 Planning Commission report and minutes are attached for reference. The Planning Commission, by a vote of 3-1, recommended that City Council deny the proposed ordinance. The Planning Commission resolution, draft minutes and agenda report are provided in Attachments 3, 4 and 5. Public correspondence to the Commission is provided in Attachment

6. 41
F.

February 16, 2023 Meeting

Page 3 of 4 ends

DISCUSSION:

A summary of the Planning Commission’s discussion of the draft ordinance is provided in the draft minutes, Attachment 4. In summary, the Commissioners voting against the amendment expressed their concern over limiting R&D using live animals as proposed and expressed a desire to allow the scientific community to take the lead regarding the need for animal studies, while the dissenting Commissioner spoke in favor of further limiting animal testing as proposed.

There was also some discussion of FDA Modernization Act 2.0, passed by Congress in December 2022, which removed the requirement to use animal testing in drug development. It allows drug companies the option of using "nonclinical test” instead of tests on animals when making new drug submissions to the U.S. Food and Drug Administration (FDA). This allows for a shift away from mandated animal studies for FDA approval, but does not go so far as to prohibit animal studies. Note that animal care at R&D facilities is the purview of the U.S. Dept of Agriculture (USDA).

The City Council has a few options with this application.

1. Vote to deny the zoning text amendment, thereby affirming the Planning Commission’s recommendation. This would keep the existing provisions of BMC Chapter 17.18 unchanged. Note that under the current ordinance, there are no special findings provided for R&D use permits, but rather the standard findings contained in BMC Section 17.40.060 apply. That is, “In considering an application, the planning commission shall consider and give due regard to the nature and condition of all adjacent uses and structures, and to general and specific plans for the area in question. The planning commission shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city. If the planning commission finds that the aforementioned conditions will not result from the particular use applied for, it may grant the use permit.” These findings focus on potential impacts to neighbors, but do not specifically address issues of animal use related to R&D work. It does not appear the current findings are well suited to address concerns regarding animal testing.

2. Council may reject the Commission’s recommendation and adopt the zoning text amendment as proposed. Clean and redlined versions of the draft ordinance are provided in Attachments 1 and 2.
42 F.

February 16, 2023 Meeting

Page 4 of 4 ends

3. Council may adopt an amendment that is different from what has been provided. In this case, depending on Council’s direction, staff may need to bring a revised draft ordinance back to Council for consideration. Council may provide direction and refer this matter back to the Planning Commission for further study.

FISCAL IMPACT
None.

MEASURE OF SUCCESS
To provide clear R&D provisions in the BMC.

ATTACHMENTS

1. Draft Ordinance Amending SP-CRO R&D Provisions

2. Redlined Draft Ordinance

3. Planning Commission Resolution 2022-RZ-4

4. Draft Planning Commission Meeting Minutes, January 26, 2023

5. Planning Commission Agenda Report, January 26, 2023

6. Correspondence
______________________________ ___________________________________ John Swiecki, Community Development Director Clay Holstine, City Manager 43 F.
draft
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING SECTIONS 17.18.020, 17.18.030 AND 17.18.045 AND DELETING SECTION 17.18.035

OF THE BRISBANE MUNICIPAL CODE

CONCERNING RESEARCH AND DEVELOPMENT USES IN THE

SP-CRO SIERRA POINT COMMERCIAL DISTRICT
The City Council of the City of Brisbane hereby ordains as follows:

SECTION 1: Sections 17.18.020 and 17.18.030 are amended to read as follows:

17.18.020 - Permitted Uses
The following uses shall be allowed in the SP-CRO district:

17.18.030.F. Research and development may include the use of live invertebrate animals, such as insects, or any of the following live vertebrate animals: fish, amphibians, reptiles or rodents.

Research and development involving the use of other live animals not listed here is prohibited.

All research and development uses are subject to the performance standards set forth in Section

17.18.045.

17.18.030 – Conditional uses.

The following conditional uses may be allowed in the SP-CRO district, upon the granting of a use permit pursuant to Chapter 17.40 of this title:

A. Child care centers when:
44 F.

1. Located more than five hundred (500) feet from the edge of the eastern-most lane of the Bayshore Freeway (U.S. 101);

2. Located within an area with a community noise equivalent level (CNEL) of not more than sixty (60) dB as determined by a professionally-prepared acoustical analysis report; or located within an area with a community noise equivalent level (CNEL) of sixty to eighty (60— 80) dB and designed with the noise insulation features identified in a professionally-prepared acoustical analysis report so as to comply with Figure 2 in Appendix C of the state of California General Plan Guidelines 2003; and

3. Designed and operated so to comply with the noise levels specified in Brisbane Municipal Code Section 8.28.040, as per the recommendations of a professionally-prepared acoustical analysis report.

B. Medical facilities.

C. Commercial recreation.

D. Transit/transportation facilities.

E. Temporary uses.

F. Research and development utilizing biological agents exceeding Risk Group 3 or Biosafety Level 3 as defined by the National Institute of Health or the Center for Disease Control.

SECTION 3: Section 17.18.035 is deleted in its entirety.

SECTION 4: Sections 17.18.045 is amended to read as follows:

17.18.045 - Performance standards.

A. All research and development uses shall submit to the planning department a risk analysis performed by a qualified hazardous or biologic materials professional specifying all hazardous or biologic materials to be utilized and methods of safe handling and disposal prior to building permit or business license issuance.

B. Research and development involving the use of live animals, specifically permitted in Section 17.18.020.K, shall be conducted in compliance with the Institute of Laboratory Animals Resources' Guide for the Care and Use of Laboratory Animals, and in compliance with all applicable federal, state and local laws and regulations as most recently amended.

C. Research and development uses involving the use of biological agents shall comply with all design standards set forth in the most current Center for Disease Control (CDC) Office of Health and Safety document "Biosafety in Microbiological and Biomedical Laboratories." D. Research and Development involving cannabis is subject to the requirements set forth in Chapter 17.33. 45 F.

E. Lighting shall be designed to avoid excessive glare as viewed from offsite locations, in compliance with the California Green Building Standards Code.

SECTION 11: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Brisbane hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.

SECTION 12: This Ordinance shall be in full force and effect thirty days after its passage and adoption. * * *
The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Brisbane held on the ________ day of ______________ 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: _____________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ City Clerk Legal Counsel
46 F.

ATTACHMENT B

REDLINED DRAFT ORDINANCE
Chapter 17.18 - SP-CRO SIERRA POINT COMMERCIAL DISTRICT Sections:

17.18.010 - Purposes of chapter.

In addition to the objectives set forth in Section 17.01.030, the SP-CRO Sierra Point Commercial District (hereinafter referred to as the "SP-CRO district") is included in the zoning ordinance to achieve the following purposes:

A. To establish a zoning district for the Sierra Point subarea that provides for orderly development consistent with the adopted master use permit UP-11-78, the redevelopment plan for Brisbane Community Redevelopment Project Area Number One, and the combined site and architectural design guidelines for Sierra Point.

B. To encourage a mix of office, commercial and recreational uses to best serve the residents and businesses of Brisbane and the businesses and employees in the Sierra Point subarea.

C. To ensure that development in the Sierra Point subarea occurs in compliance with the highest development and design standards and meets the goals and objectives set forth in the general plan.

17.18.020 - Permitted uses.

The following uses shall be allowed in the SP-CRO district:

A. Offices;
B. Hotels;
C. Retail sales and rental;
D. Restaurants;
E. Bars;
F. Financial institutions;
G. Personal services;
H. Commercial gyms and health facilities;
I. Meeting halls;
J. Marinas;
K. Research and development, including the use of live insects, rodents, rabbits, fish, and amphibians subject to the performance standards set forth in Section 17.18.045. Research and development 47 F.
involving the use of live dogs (Canis genus) cats (Felis genus), or nonhuman primates is prohibited.

Research and development involving the use of other live animals not otherwise permitted or prohibited herein may be permitted upon the granting of a conditional use pursuant to Section

17.18.030 Section 17.18.030. Research and development involving cannabis is additionally subject to the requirements in Chapter 17.33 Chapter 17.33 Research and development, unless the use is classified as a conditional use pursuant to Section 17.18.030.F. Research and development may include the use of live invertebrate animals, such as insects, or any of the following live vertebrate animals: fish, amphibians, reptiles or rodents. Research and development involving the use of other live animals not listed here is prohibited. All research and development uses are subject to the performance standards set forth in Section 17.18.045.

17.18.030 - Conditional uses.

The following conditional uses may be allowed in the SP-CRO district, upon the granting of a use permit pursuant to Chapter 17.40 of this title:

A. Child care centers when:

1. Located more than five hundred (500) feet from the edge of the eastern-most lane of the Bayshore Freeway (U.S. 101);

2. Located within an area with a community noise equivalent level (CNEL) of not more than sixty (60) dB as determined by a professionally-prepared acoustical analysis report; or located within an area with a community noise equivalent level (CNEL) of sixty to eighty (60—80) dB and designed with the noise insulation features identified in a professionally-prepared acoustical analysis report so as to comply with Figure 2 in Appendix C of the state of California General Plan Guidelines 2003; and

3. Designed and operated so to comply with the noise levels specified in Brisbane Municipal Code Section 8.28.040, as per the recommendations of a professionally-prepared acoustical analysis report.

B. Medical facilities.

C. Commercial recreation.

D. Transit/transportation facilities.

E. Temporary uses.

F. Research and development utilizing biological agents exceeding Risk Group 3 or Biosafety Level 3 as defined by the National Institute of Health or the Center for Disease Control.

17.18.035 - Conditional uses—Research and development.

The following research and development-related uses may be allowed in the SP-CRO district, upon the granting of a use permit pursuant to Chapter 17.40 of this title, subject to the provision that the city council (instead of the planning commission) shall act as the reviewing and approving authority for all purposes under Chapter 17.40 for any such research and development-related conditional use permit(s):
48 F.

A. Any such use where the planning director determines, based solely upon the risk analysis required pursuant to Section 17.18.045 of this chapter and an evaluation by the fire marshal and the building official, that certain conditions of approval as recommended in the risk analysis or by the fire marshal or building official, are necessary to protect the public health, safety and welfare, and that such conditions are not otherwise included in any of the codes, standards or regulations applicable to such use. Notwithstanding the foregoing sentence, a use permit pursuant to Chapter 17.40 shall not be required if:

1. The applicant seeking to conduct the research and development signs a written agreement to implement the additional conditions of approval that are recommended in the risk analysis or by the fire marshal or the building official;

2. A copy of such written agreement along with a description of the proposed research and development activity and a copy of the risk analysis and the recommendations of the fire marshal and the building official are delivered to the residence of each council member; and

3. No request has been communicated to the city clerk by any two (2) council members, within fifteen (15) days after delivery of the items described in subsection (A)(2) of this section, for the matter to be heard by the city council (in which event a use permit granted by the city council shall be required).

B. Any use proposing the use of live animals not otherwise approved or prohibited pursuant to Section

17.18.020(K) of this title in the conduct of research.

C. Any use utilizing biological agents exceeding Risk Group 3 or Biosafety Level 3 as defined by the National Institute of Health or the Center for Disease Control.

17.18.040 - Development regulations.

Development regulations for the SP-CRO district are as follows:

A. Lot Area. The minimum area of any lot in the SP-CRO district shall be one acre.

B. Lot Dimensions. The minimum dimensions of any lot in the SP-CRO district shall be as follows:

EXPAND
Width Depth
100 feet No requirement
C. Setbacks. The minimum required setback for any lot in the SP-CRO district shall be as follows, except as otherwise established in the combined site and architectural guidelines for Sierra Point:

1. Front setback: Twenty-five (25) feet;

2. Side setbacks:
a. Interior side yards: Fifteen (15) feet.
b. Exterior side yards: Twenty (20) feet.

3. Rear setbacks:
a. Interior lots: Twenty (20) feet.
49 F.
b. Corner lots: Fifteen (15) feet.

D. Location of Structures. The location of structures relative to the mean high tide line shall comply with the requirements set forth in the combined site and architectural design guidelines for Sierra Point.

E. Coverage. The maximum coverage by all structures on any lot shall be forty percent (40%).

F. Height. The height of structures shall comply with the combined site and architectural design guidelines for Sierra Point.

G. Landscaping Requirements.

1. A minimum of twenty-five percent (25%) of the total lot area shall be landscaped. Additional landscaping requirements are set forth in the combined site and architectural design guidelines for Sierra Point.

2. Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

H. Recycling Area Requirements.

1. Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, windblown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2. This requirement shall apply to all new commercial or institutional buildings, and city facilities (including buildings, structures, marinas, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project. The floor area of a marina shall be defined as the space dedicated to the docking or mooring of marine vessels. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases, and such recycling areas shall be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

17.18.045 - Performance standards.

B. Research and development involving the use of live animals, specifically permitted in Section

17.18.020.K, shall be conducted in compliance with the Institute of Laboratory Animals Resources' Guide 50 F.
for the Care and Use of Laboratory Animals, and in compliance with all applicable federal, state and local laws and regulations as most recently amended and such other conditions as may be imposed by the city.

E. Lighting shall be designed to avoid excessive glare as viewed from offsite locations, in compliance with the California Green Building Standards Code.

17.18.050 - Parking.

All uses in the SP-CRO district shall comply with the parking regulations set forth in Chapter 17.34 of this title.

17.18.060 - Signs.

All advertising signs in the SP-CRO district shall comply with the sign programs referenced in the combined site and architectural design guidelines for Sierra Point. If the proposed advertising sign is not covered by such sign programs, it shall comply with the sign regulations set forth in Chapter 17.36 of this title.

17.18.070 - Design review.

The construction of any principal structure in the SP-CRO district shall be subject to the granting of a design permit in accordance with the provisions of Chapter 17.42 of this title and shall comply with any applicable guidelines as set forth in the combined site and architectural design guidelines for Sierra Point. 51 F.

RESOLUTION 2022-RZ-4

A RESOLUTION OF THE PLANNING COMMISSION OF BRISBANE
RECOMMENDING CITY COUNCIL DENIAL OF ZONING TEXT AMENDMENT 2022-RZ-4 AMENDING REGULATIONS WITHIN TITLE 17 OF THE BRISBANE MUNICIPAL CODE CONCERNING RESEARCH AND

DEVELOPMENT USES IN THE SP-CRO SIERRA POINT COMMERCIAL DISTRICT WHEREAS, the City Council adopted Ordinance 528 on June 16, 2008, which provided for research and development (R&D) uses in the SP-CRO Sierra Point Commercial District; and WHEREAS, City Council directed the Planning Commission to consider updates to the ordinance provisions regarding permitted uses, conditional uses and prohibited uses; and WHEREAS, the draft ordinance attached as Exhibit A to this resolution proposes amendments to Title 17 (Zoning); and
WHEREAS, on January 26, 2023, the Planning Commission conducted a hearing of the application, publicly noticed in compliance with Brisbane Municipal Code Chapters 1.12 and

17.54, at which time any person interested in the matter was given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed and considered the staff memorandum relating to said application, and the written and oral evidence presented to the Planning Commission in support of and in opposition to the application; and
WHEREAS, the draft ordinance is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15183(a) of the CEQA Guidelines; and NOW, THEREFORE, based upon the evidence presented, both written and oral, the Planning Commission of the City of Brisbane hereby RECOMMENDS that the City Council deny the attached draft ordinance.

ADOPTED this twenty-sixth day of January, 2023, by the following vote:

AYES: Funke, Gooding, Lau
NOES: Sayasane
ABSENT: Patel
_______________________

ROEL FUNKE
Acting Chairperson
ATTEST:
________________________________________
JOHN SWIECKI, Community Development Director
1/30/2023
52 F.

DRAFT
Brisbane Planning Commission Minutes
January 26, 2023

Page 3 ends

D. PUBLIC HEARING: SP-CRO Sierra Point Commercial District; Zoning Text Amendment 2022-RZ-4; Zoning text amendment to Title 17, Chapter 17.18 of the Brisbane Municipal Code (BMC) to update existing research and development use provisions and performance standards; and finding that this project is exempt from environment review under CEQA Guidelines Section 15183(a); City of Brisbane, applicant.

Note: This item was continued from the Planning Commission meeting of January 12, 2023.

No hearing was held on January 12th.

Senior Planner Johnson gave the staff presentation and answered question on how the animals were determined to be included or precluded from animal testing under the proposed amendment and clarified the history of the research and development use provisions and performance standards in the SP-CRO district.

Acting Chairperson Funke opened the public hearing.

Senior Planner Johnson read a written comment from Bill Van Raam, Brisbane resident, against the proposed ordinance amendment and in favor of allowing animal testing.

Brisbane residents Kim Follien and Michael Barnes also spoke against the proposed amendment and in favor of allowing animal testing.

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

The Commission deliberated on the proposed amendment. Commissioner’s Gooding, Lau and Funke expressed concerns about limiting animal testing as proposed. The three Commissioners acknowledged recent federal legislation regarding animal testing, FDA Modernization Act 2.0, which removed the requirement to use animal testing in drug development. However, they expressed a desire to allow the scientific community to take the lead regarding the need for future animal studies and indicated that there was insufficient information regarding the viability of alternative models for the various kinds of medical research and that some amount of animal testing is still necessary to advance medicines and medical procedures that are beneficial to humans. Additionally, it was expressed that prohibitions on animal testing would simply push R&D companies to other cities, while Brisbane residents would still benefit from such R&D testing.

Commissioner Sayasane expressed her opinion that the City has the right to reflect its community values in its zoning regulations and supported the further limitation on animal testing in Brisbane.

After deliberation, a motion by Acting Chairperson Funke, seconded by Commissioner Lau, recommending City Council denial of Zoning Text Amendment 2022-RZ-4 via adoption of Resolution 2022-RZ-4 was approved 3-1. Commissioner Sayasane voted against the motion.

Acting Chairperson Funke read the appeals procedure.
53 F.

PLANNING COMMISSION AGENDA REPORT
Meeting Date: 1/26/2023
From: Ken Johnson, Senior Planner
Subject: SP-CRO Sierra Point Commercial District; Zoning Text Amendment 2022-RZ-4; Zoning text amendment to Title 17, Chapter 17.18 of the Brisbane Municipal Code (BMC) to update existing research and development use provisions and performance standards; and finding that this project is exempt from environment review under CEQA Guidelines Section 15183(a); City of Brisbane, applicant.

REQUEST: To update the research and development (R&D) permitted and conditional use provisions in the SP-CRO Sierra Point Commercial District.

RECOMMENDATION: Recommend City Council adoption of Zoning Text Amendment 2022-RZ-4 via adoption of Resolution 2022-RZ-4 (Attachment A).

ENVIRONMENTAL DETERMINATION: The project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15183(a) in that this proposal falls within a class of projects which are consistent with existing zoning or general plan policies for which an EIR was certified and shall therefore not require further review.

APPLICABLE CODE SECTIONS: Procedures for zoning amendments are provided in BMC Chapter

17.50. The proposed updates for this amendment pertain to R&D uses and are contained in BMC Chapter 17.18, Sections 17.18.020, 17.18.030, 17.18.035 and 17.18.045. Additionally, BMC Section 17.02.675 provides the City’s definition of research and development.

BACKGROUND: BMC Section 17.02.675 defines research and development as “a use engaged in studying, testing, designing, analyzing and experimenting with potential or existing products, processes or services, including cannabis and cannabis products.” On June 16, 2008, City Council adopted zoning provisions via Ordinance 528 to allow for R&D uses as either permitted by-right or as conditional uses in the Sierra Point Commercial District.

The provisions of that ordinance, with some exceptions, permitted R&D uses by right in the district. With regards to using live animals, the ordinance provisions permit by-right, R&D on live insects, rodents, rabbits, fish, and amphibians. R&D involving the use of live dogs, cats or nonhuman primates was prohibited. Use of other live animals that are not named as permitted or prohibited are subject to a conditional use permit, with a special provision that City Council is named as the approving authority instead of the Planning Commission. 54 F.
2022-RZ-4
January 26, 2023 Meeting

Page 2 of 4 ends

No special findings were provided for R&D use permits, but the standard findings contained in BMC Section 17.40.060 apply, “In considering an application, the planning commission shall consider and give due regard to the nature and condition of all adjacent uses and structures, and to general and specific plans for the area in question. The planning commission shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city. If the planning commission finds that the aforementioned conditions will not result from the particular use applied for, it may grant the use permit.” These conditions focus on potential impacts to neighbors, but do not specifically address issues of animal care related to R&D work. Animal care at R&D facilities is the purview of the U.S. Dept of Agriculture (USDA).

In 2022, Bristol-Myers Squibb (BMS) applied for a use permit to conduct R&D using minipigs at 1400 Sierra Point Parkway, the only R&D use permit application filed to date pursuant to the regulations described above. That application was heard by City Council on May 19, 2022, continued for further public hearing and ultimately withdrawn by the applicant before a decision was made. Following that application, City Council directed staff to initiate an update to consider updates to the use provisions for live animals. Additionally, a City Council subcommittee met on October 31, 2022 and indicated a desire to consider removal of R&D conditional uses for animals, but also made a recommendation to consider removal of rabbits from the R&D permitted uses list. The subcommittee also requested that an email with linked articles, originally from Councilmember Cunningham to the City Manager and City Council, be provided to the Commission for reference. That is included as Attachment C.

DISCUSSION: The draft ordinance would amend certain provisions contained in BMC Chapter

17.18 - SP-CRO Sierra Point Commercial District, as outlined below. A redlined version of the proposed amendments is provided as Attachment B.

BMC Section 17.18.020 – Permitted Uses: The amendment would retain the provisions allowing for R&D by-right on insects, rodents, fish and amphibians. However, consistent with the Council subcommittee recommendation, use of rabbits would no longer be permitted. R&D on any other animals that are not specifically identified as permitted would now be prohibited, thus eliminating the conditional use category that presently exists. In addition to the change regarding use of rabbits, reptiles have been added as a permitted R&D use and the use of insects has been broadened to invertebrate animals. Invertebrates are those animals without a backbone and includes insects, spiders, worms, etc. The only vertebrate animals, those with a backbone, on the permitted for R&D list would be fish, amphibians, reptiles and rodents. 55 F.
2022-RZ-4
January 26, 2023 Meeting

Page 3 of 4 ends

Additionally, as an administrative clarification item, in reviewing this section staff noted that it also refers to cannabis R&D as permitted but is subject to BMC Chapter 17.33. Since that chapter is specific to cannabis performance standards, the cross reference was moved to BMC Section

17.18.045 – Performance Standards. It does not change the allowance of cannabis R&D as permitted in this district, since it’s already named as an R&D use in the definition, as noted above.

An important distinction should also be noted, that manufacturing of products is not permitted in this district whether related to cannabis or other medical products. That remains unchanged.

BMC Sections 17.18.030 – Conditional Uses and 17.18.035 – Conditional Uses – Research and Development: BMC Section 17.18.035 - Conditional Uses-Research and Development is proposed to be deleted. There are three types of R&D uses identified in that section: 1) Risk analysis-based referral to the City Council by the Planning Director 2) live animals not otherwise named under permitted or prohibited uses and 3) uses exceeding Risk Group 3 or Biosafety level 3 as defined by the National Institute of Health (NIH) or the Center for Disease Control.

As indicated above, with the proposed amendment, R&D using live animals would no longer be permitted by use permit. They would either be permitted by-right or prohibited, depending on the animal species.

The provision pertaining to R&D utilizing biological agents exceeding Risk Group 3 or Biosafety Level 3 would be moved to Section 17.18.030 - Conditional Uses and such R&D uses would still require a conditional use permit, but as with all other conditional uses, the Planning Commission would be the approving authority instead of City Council. As is the case with all Planning Commission decisions, the Commission’s decision on any use permit may be appealed to City Council, as provided in BMC Chapter 17.52 - Appeals.

The provisions for Planning Director referral of certain uses to the Council based on a risk analysis have been removed. The risk analysis would still be required, per BMC Section 17.18.045 - Performance Standards, to provide documentation prior to issuance of a building permit or business license. That documentation would then be used to identify whether the Risk Group 3 or Biosafety Level 3 threshold would be exceeded, at which point a proposed use would automatically be referred to the Planning Commission for a decision on a use permit application.

The intent of this proposed change is to provide for greater clarity in the regulations as to what does and does not require a use permit, while still requiring a use permit for higher risk or biosafety level uses. Such uses would still be considered by the Planning Commission relative to the standard use permit findings related to potential impacts to neighbors, as indicated above.

In brief, elimination of Section 17.18.035 and moving certain R&D uses indicated above to Section

17.18.030 would provide for consistent processing requirements for all use permits in this district.
56 F.
2022-RZ-4
January 26, 2023 Meeting

Page 4 of 4 ends

BMC Section 17.18.045 – Performance Standards: The performance standards for this district have been updated, as indicated above. The risk analysis for R&D would be required prior to building permit or business license issuance. The business license reference has been added, since certain incoming R&D businesses may occupy a space that has already been built out to suit their R&D needs. A building permit is not always required, but a business license is. The cross reference to BMC Chapter 17.33 for cannabis businesses has been added to the performance standards, as noted above.

ATTACHMENTS:

A. Draft Resolution 2022-RZ-4 (including draft ordinance) B. Redlined copy of proposed zoning text amendments
C. Email from Council Subcommittee Member Cunningham, dated 6/2/22 ______________________________ _______________________________________ Ken Johnson, Senior Planner John Swiecki, Community Development Director 57 F.

To: Holstine, Clay <[email protected]>
Subject: Bristol Myers ~ Minipig Testing
Hi Clay,
I would like all of this information to be distributed to the entire City Council please Human In Silico Drug Trials
Demonstrate Higher Accuracy
than Animal Models in
Predicting Clinical ProArrhythmic Cardiotoxicity
It is understood that the use of Animal Testing has been the benchmark for many years, even as early as 2018
However, advanced computer and in vitro methods of testing as far back as the 1960’s has proven more improved drug testing results than animal testing has given us
In Vitro Methods of Testing ~
Advanced Computer Modeling (aka in silico models) ~
From the European Society of Cardiology
These alternatives to animal testing include sophisticated tests using human cells and tissues (also known as in vitro methods), advanced computermodeling techniques (often referred to as in silico models), and studies with human volunteers.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5601077
58 F.
https://pubmed.ncbi.nlm.nih.gov/28955244/
Computer-based in silico clinical trials (European Society of Cardiology) There are >1900 article representing the advantages of non animal testing As far back as 2018 (Smithsonian
https://www.smithsonianmag.com/innovation/why-we-should-test-heart-drugson-virtual-human-instead-animals-180968588/) Human Volunteers ~
Virtual Human Testing (since 2018) ~
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5601077/
https://www.frontiersin.org/articles/10.3389/fphys.2017.00668/full Computer-based in silico clinical trials (Oxford University) https://www.frontiersin.org/articles/10.3389/fphys.2017.00668/full Efficacy rates (Oxford University) ~ Department of Computer Science demonstrates that computational models representing human heart cells produce a higher accuracy than animal models in predicting an adverse drug effect. Therefore it is now possible to test a new heart drug in virtual humans Pigs 75% - 85% efficacy
Virtual Human Computer simulations 89%-96% efficacy
59 F.
https://mazuri.com/blogs/education-and-nutrition/mini-pigs-what-makes-minipig-mini A mini pig refers to a class of domesticated pig ranging from 60 pounds to 200 pounds and 14 to 20 inches tall. “Mini” is used as a differentiator between traditional farm or production pigs and smaller pigs bred as companion animals.

Mini pigs can be mixed or pure breeds, with common ancestry from Juliana, KuneKune, Pot-bellied and Göttingen mini pigs. Mini pigs reach maturity at five years old and have 20 years life expectancy. Like other pigs, mini pigs are incredibly smart and social animals. They are easy to train and can make great pets or therapy animals.

Karen Cunningham | She/Her
City Council Member
City of Brisbane, CA USA
City #: (415) 312-2662 | Cell: (415) 860-4698|
Email: [email protected]
City Hall hours (Covid Changes ~ please check City Website): M, T, Th: 8-5, W: 8-5, F: 8-1
Stay connected with us via the Blast, GoRequest, Facebook, Twitter, YouTube and Instagram!
60 F.

From: Michael Barnes <[email protected]>
Sent: Tuesday, January 24, 2023 1:22 PM
To: Padilla, Ingrid <[email protected]>
Subject: Planning Commission Meeting of 1/26/23
Dear Planning Commission,
Please deny the city councils Zoning Text Amendment 2022-RZ-4 provisions prohibiting animal testing and the elimination of conditional use permits.

Animal testing on Sierra Point has proven not to be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood, nor has it proven “...injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city.” In fact, the opposite is true.

The establishment of animal testing by right on Sierra Point allowed for the long-stalled build-out of that area with Biotech and Pharmaceutical buildings. These new buildings are providing a number of public benefits, including revenue to the city, improvements to the Bay Trail, jobs, elimination of landfill blight, and the development of life-saving medicines for our community and the world.

Sierra Point is now a safer, more comfortable and healthier place to visit. The Biotech and Pharmaceutical buildings themselves improve the properties, the neighborhood, and the general welfare of the city.

The city council application to prohibit animal testing is yet another anti-science Brisbane initiative, like our rejection of environmental remediation. I believe this application is the first step in running the drug companies out of Brisbane, since these companies only started moving to Sierra Point after animal testing was granted by right.

Having worked in the Biotech and Pharmaceutical industry for over 40 years, the last 25 in research, I can tell you that the drug industry has an economic, ethical and scientific interest in replacing animal testing. I have used many in vitro and in silico tools, but the sad fact is that we still cannot accurately predict or anticipate all the effects of novel drugs on an animal, or the effects an animal will have on a novel drug.

Without in vivo research, thousands of Americans would die. Did you know that pig heart valves are transplanted into humans? And that they have a clear advantage over artificial heart valves? Please continue to allow Brisbane’s already limited animal testing at Sierra Point, and reject the proposed in vivo testing prohibition and elimination of conditional uses. Keep the life-saving Biotech and 61 F.

Pharmaceutical industries in Brisbane.

Michael Barnes
Brisbane resident
62 F.

From: Kim Follien <[email protected]>
Sent: Thursday, January 26, 2023 12:01 AM
To: Padilla, Ingrid <[email protected]>
Subject: Regarding the 1/26/2023 Planning Commission Meeting/ Zoning Text Amendment 2022-RZ-4 Hi Ingrid,
Could you please forward this to the Planning Commission:

Dear Planning Commissioners,
I’m here to request that you reject Zoning Text Amendment 2022-RZ-4. The FDA typically requires drugs for human use to be tested on one rodent species and a non-rodent species prior to human clinical trials. One example is the mRNA COVID 19 vaccines made by Pfizer and Moderna, which the city recommended that we all get. They were tested on rodents and non-human primates. Additionally heart drugs typically need to be tested on Pigs, as rodents aren’t a good human model. Limiting animal testing in Brisbane to only rodents, amphibians and insects is really limiting animal testing to just rodents, as I know of no human drug development that can use insects or amphibians.

While a recent U.S. law has eliminated the requirement that all drugs in development must undergo testing in animals prior to human clinical trials, the alternate testing methods, such as computer modeling are still quite limited, so won’t work for all drugs, nor has any drug been approved yet using these alternate methods. I can tell you that the Pharmaceutical Industry will gladly use these alternative methods if they can because it reduces the time and cost of drug development, compared to animal testing.

Drug Development Scientists are the ones that should be determining what type of testing is best suited to ensure a safe drug for human use, not the Brisbane City Council. There are Brisbane residents that have benefitted and will benefit from drugs tested on animals, other than rodents. I highly doubt most Brisbane residents would refuse a vaccine or life saving drug for themselves or their children if it was tested on a non-rodent species, so this zoning text amendment makes no sense, is NIMBY, and is just providing an illusion that Brisbane rejects animal testing. The Biotechnology companies will just go somewhere else to do their drug development and Brisbane residents will continue to take those life saving drugs and vaccines.

Link to NPR article regarding the new US law no longer requiring animal testing:
https://www.npr.org/2023/01/12/1148529799/fda-animal-testing-pharmaceuticals-drug-development Best Regards,
Kim Follien
Brisbane Resident, and have been working in the Biotech Industry for the last 36 years --
Kim Follien (she/her)
Genentech, Inc. - A member of the Roche Group
Senior Business Systems Analyst
63 F.

Product Analysis & Consultancy Chapter - ERP Business Analysis - Manufacturing&Supply Chain NA/LATAM Building 26 / N1-4
South San Francisco, CA 94080, USA
Phone No.: +1 650-303-7285
64 F.

FW: Correspondence: Animal Testing
Swiecki, John <[email protected]>
Thu 1/26/2023 8:39 PM
To: Johnson, Kenneth <[email protected]>
John Swiecki, AICP |He/Him
Community Development Director
Cell: 415.713.9266 |Office(message) 415.508.2120 | Email: [email protected] Stay connected with us via the Blast, GoRequest, Facebook, Twitter, YouTube and Instagram!
From: Padilla, Ingrid <[email protected]>
Sent: Thursday, January 26, 2023 8:39 PM
To: Ayres, Julia <[email protected]>
Cc: Swiecki, John <[email protected]>
Subject: Correspondence: Animal Testing
For the Planning Commission- kindly forward correspondence from Bill Van Raam.

Ingrid Padilla
City of Brisbane, City Clerk
(415) 508-2113
From: Bill Van Raam <[email protected]>
Sent: Thursday, January 26, 2023 5:41 PM
To: Padilla, Ingrid <[email protected]>
Subject: Animal Testing
Hi Ingrid I hope this gets to in time for tonight’s Planning Commission meeting, and thank you for all you do.

I’m writing this letter to say please do not further restrict animal testing in Brisbane. I like so many others have benefited from testing, after thirty years of type one diabetes I had eye issues leading to the loss of sight in one eye but saving the sight in the other, kidney failure, subsequent kidney pancreas transplant, two strokes, heart attack with bypass surgery, there’s been other things too but I’m trying to keep this short. The medicine and procedures would not have happened without animal testing. Computer models are a wonderful advancement in medicine but unfortunately they can’t replace all animal testing, while I completely understand the emotional aspect of animal testing it is my opinion we shouldn’t set back things because of our emotions.

Thank you
Brisbane resident
Bill Van Raam
65 F.

File Attachments for Item:

G. Consider Approval of First Amendment to Lease for Property at 25 Park Place, Brisbane, CA.

Approval of this First Amendment is exempt from further review under the California Environmental Quality Act because it is not a “project”. Section 15378 (b), CEQA Guidelines. 66 G.
25 Park Place Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 02/16/2023
From: Clay Holstine, City Manager
Subject: First Amendment to Lease for Property at 25 Park Place, Brisbane, CA. Approval of this First Amendment is exempt from further review under the California Environmental Quality Act because it is not a “project”. Section 15378 (b), CEQA Guidelines.

Community Goal/Result
Fiscally prudent.

Recommendation:

Approve the First Amendment to the Standard Industrial/Commercial Single Tenant Lease-Gross between the Orsini Court Trust and the City of Brisbane for the property located at 25 Park Place, Brisbane, CA, extending the term of the Lease for an additional 15 years (through December 31, 2046) and setting forth the annual rent increases for the property at a rate of 3% annually, subject to a reset of the rent in 2034.

Background
In order to serve better the community and in anticipation of the need for additional space for staff due to the potential development of the Baylands, the City entered into a 10 year lease for the property at 25 Park Place. Attachment 1. The term of that lease will expire on December 31, 2031. The initial rent for the property was $25,000 per month and increases 3% annually. For 2023, the rent is $25,750 per month. In order to undertake the necessary tenant improvements for the property, it will be necessary to obtain financing and such financing requires a lease term of 25 years. City staff has discussed with the property owner (the Orsini Court Trust/Elena Court) extending the lease term through December 31, 2046, with annual rent increases of 3%. As discussed below, there is the possibility that the monthly rent could be “reset” to a higher amount in 2034. If the “reset” contingency is included, the property owner is willing to amend the lease as set forth in Attachment 2.

Discussion
Extending the term of the lease will permit the City to obtain the necessary funding to make the tenant improvements required to make the property more functional for City purposes. The monthly rent for the property will increase annually at a rate of 3%. Such annual rent increases are typical for long term commercial property in the Bay Area.

Given the length of the lease (25 years), the property owner is concerned that there may be years of high inflation, such as what has been experienced recently, that would erode the built in 3% annual increase. To address that concern, the lease amendment provides as follows: if the percentage change in the Consumers Price Index between 2022 (when the lease started) and the end of 2033, as applied to 67 G.
25 Park Place Page 2 of 2
the base rent in 2022 ($25,000) results in an amount greater than $21,288, the monthly rent would be “reset” to $42,397, rather than $35,644. The 3% annual increase would then be applied for the remainder of the lease. In order for the amount in question to be greater than $21,288, the percentage change in the CPI would need to average about 6% over the course of 12 years. Staff believes that is unlikely given that over the last 50 years, the percentage change to the CPI has averaged only 4.3%. If that should occur, however, the property owner has agreed that the reset rent would reflect only a 4.5% average percentage change in the CPI over course of the 12 years, rather than the higher percentage.

Accordingly, staff supports this contingency.

In addition, under the lease, the City is to pay any differences in the real property taxes (based on the FY 21/22 taxes) and the differences in the property owner’s insurance premium for the property (based on the premium in FY 21/22). Those differences for 2023 were small--$911 for the taxes and the $170 for the insurance premium.

Environmental Review
Approval of this amendment to the lease for the property at 25 Park Place is not subject to further review under the California Environmental Quality Act as it is an administrative activity of the City that will not result in direct or indirect physical changes to the environment and hence, not a “project”.

CEQA Guidelines, Section 15378 (b)(5).

Fiscal Impact
The First Amendment commits the City to extending the lease for the property at 25 Park Place for an additional 15 years beyond December 31, 2031 and there will be annual rent increases associated with such extension. For example, the monthly rent beginning in January 2032 will be $33,598 and, unless the rent has been reset in 2034, the monthly rent beginning in January 2046 (the last year of the lease) will be $50,820. Council will need to budget funds for the rent annually. There will also be increases, over time, as to the differences in the property taxes and insurance premiums but staff anticipates these will remain relatively small.

Attachments:

1. Standard Industrial/Commercial Single Tenant Lease-Gross and Addendum (25 Park Place, Brisbane, CA)

2. First Amendment to Standard Industrial/Commercial Single Tenant Lease-Gross ___________________________________
Clay Holstine, City Manager
68 G.

AIRCRi
contracts

STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE - GROSS (DO NOT USE THIS FORM FOR MULTI-TENANT BUILDINGS)

1. Basic Provisions ("Basic Provisions"),

1.1 Parties. This Lease("Lease"), dated for reference purposes only July 11 2021 , is made by and between Orsini Court Trust ("Lessor") and City of Brisbane ("Lessee"), (collectively the "Parties." or individually a "Party" ).

1.2 Premises: That certain real property, including all improvements therein or to be provided by Lessor under the terms of this lease, commonly known as (street address, city, state, zip): 2 5 Park Place, Brisbane, California 94 005 ("Premises"). The Premises are located in the County of San Ma tee , and are generally described as (describe briefly the nature of the property and , If applicable, the "Project," if the property is located within a Project): an approximately 10. 000 square foot freestanding office building and associated exterior garking and landscaping area . (See also Paragraph 21

1.3 Term: 10 years and O months("OrlglnalTerm")commencing upon lease execution, proof of liability insurance naming the Lessor as Additiona1 Insured, payment of monies due upon execution, and current occupant vacating. This is estimated to be January 1, 2022.

Lessor will provide Lessee with minimum 30 days written notice when Lessor has estimated date that current occupant will vacate ("Commencement Date") and ending December 31, 2031 ("Expiration Date"). (See also Paragraph 3)
I 1.4 liarl•t POH8HIOA" lhhe Pre Mite& are auailable Lessee Ml•,' haue R8R e�Gl1,1si119 P8S60SSi8R ef the PreMi58t G9MM9R&iR8 9aie"l (See alss Paragraphs 3 a and 3 31
("lia�hf ll9H9Hi9A
�.

1.5 BaseRent: $25,000 per month("BaseRent"),payable on the First day of each monthcommencing upon Commencement (See also Paragraph 4)
r;zj If this box is checked, there are provisions in this Lease for the Base Rent to be adjusted. See Paragraph ....a:5;.::2a,._ __

1.6 Base Rent and Other Monies Paid Upon Execution:
(a) Base Rent: $25,000 for the period 1st month's rent . (b) Security Deposit: S 3 2 • 61 9 ("Security Deposit"). (See also Paragraph 5) (c) Association Fees: ____ for the period ____
(d) Other: ____ for ____
(e) Total Due Upon Execution of this Lease: $ 5 7 1 61 9

1.7 Agreed Use: General office . (See also Paragraph 6)

1.8 Insuring Party. Lessor is the "lnsurlngParty", The annual "Base Premium• Is S5, 056 . (See also Paragraph 8)

1.9 Real Estate Brokers. (See also Paragraph 15 and 25) (a) Representation: Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency Relationship, confirms and consents to the following agency relationships in this Lease with the following real estate brokers ("Broker(s)") and/or their agents(" Agent(s)"):

Lessor's Brokerage Firm CBRE, Inc. License No. 004 0 9987 ls the broker of (check one): D the Lessor; or � both the Lessee and Lessor (dual agent).

Lessor'sAgent Damon Schor /Karl Hansen License No. 01317778/01351383 is(check one): C-1 the lessor's Agent (salesperson or broker associate); or � both the Lessee's Agent and the Lessor's Agent (dual agent).

Lessee's Brokerage Firm CBRE. Inc. License No. 004 09987 ls the broker of (check one): D the Lessee; or � both the Lessee and Lessor (dual agent).

Lessee's Agent Karl Hansen License No. 0135138 3 is (check one): CJ the Lessee's Agent(salesperson or broker associate); or blJ both the Lessee's Agent and the Lessor's Agent (dual agent). (b) Payment to Brokers. Upon execution and delivery of this Lease by both Parties, Lessor shall pay to the Brokers the brokerage fee agreed to In a separate written agreement (or if there Is no such agreement, the sum of ____ or ____ % of the total Base Rent) for the brokerage services rendered by the Brokers.

LlO Guarantor. The obligations of the Lessee under this Lease are to be guaranteed by ____ ("Guarantor"). (See also Paragraph 37) Lll Attachments. Attached hereto are the following, all of which constitute a part of this Lease:
� an Addendum consisting of Paragraphs 51 through ......,6...,4 ____ _ D a plot plan depicting the Premises;
D a current set of the Rules and Regulations;
D a Work Letter;
� other(speclfy): CBRE Agency Disclosures

STG-27.40, Revised 10-22-2020

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Last Edited: 6/24/20218:38AM

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Attachment 1
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EXECUTION VERSION – JULY 8, 2021
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ADDENDUM TO LEASE
By and between
ORSINI COURT TRUST as Lessor and
CITY OF BRISBANE as Lessee
Property Address: 25 Park Place, Brisbane, California 94005 This Addendum is incorporated into and made a part of that certain AIR Standard Industrial/Commercial Single-Tenant Lease (“Lease”) dated for reference purposes July 1, 2021 as described above. In the event of any conflict between the terms of the Lease and the terms of this Addendum, the terms of this Addendum shall prevail.

51. RENT: Rent shall be paid in lawful money of the United States of America payable to Orsini Court Trust at the following address: P.O. Box 928, Brisbane, CA 94005 or at such other place as Lessor may designate in writing, free from all claims, demands or set-offs against Lessor of any kind or character whatsoever (except as otherwise expressly set forth herein). Lessee understands that no monthly rental invoices will be sent to Lessee.

In accordance with the terms of the Lease, the entire Rent amount must be received (not mailed) by Lessor on or before 5:00pm on the first (1st) day of each month. If the entire Rent amount is not received by Lessor by 5:00 PM on the 5th day of the month, then, without any requirement for notice to Lessee, Lessee shall immediately pay to Lessor a one-time late charge equal to 10% the total monthly Rent.

52. RENT AND RENT INCREASES: The gross Base Rental and Base Rental increases shall be as follows:

Commencement Date – December 31, 2022: $25,000 per month January 1, 2023 – December 31, 2023: $25,750 per month
January 1, 2024 – December 31, 2024: $26,522 per month
January 1, 2025 – December 31, 2025: $27,318 per month
January 1, 2026 – December 31, 2026: $28,138 per month
January 1, 2027 – December 31, 2027: $28,982 per month
January 1, 2028 – December 31, 2028: $29,851 per month
January 1, 2029 – December 31, 2029: $30,747 per month
January 1, 2030 – December 31, 2030: $31,669 per month
January 1, 2031 – December 31, 2031: $32,619 per month

53. MANAGEMENT FEE: Lessee shall reimburse Lessor for Lessee’s management fee, within 5 days of receipt of Lessor’s notice that a management fee has been incurred and thereafter monthly together with Base Rental when Base Rental is paid. Management Fee shall not exceed 5% of Base Rental.

54. ROOF PENETRATION: Lessee shall not make any roof penetration of any kind without Lessor’s prior written approval. Any Lessee required roof repairs or roof work shall be performed by Lessor’s roofing contractor only, at the Lessee’s sole cost and expense. Lessee shall reimburse the full cost of such work to Lessor within 30 days upon written demand. Any unauthorized roof penetration by Lessee shall be a violation of the Lease. Such a violation would be just cause for Lessee’s Security Deposit to be used per Paragraph 5.

55. CONDITION OF PREMISES: Lessor shall deliver the Premises with the roof, HVAC system, electrical, plumbing and lighting in good working condition in accordance with the terms of the Lease. The Premises have not undergone an inspection by a certified ADA specialist. 86 G.

EXECUTION VERSION – JULY 8, 2021
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Otherwise, the Premises shall be delivered AS IS. Without limiting the generality of the foregoing, the Premises shall be delivered without any warranty as to its compliance with Applicable Requirements.

56. PARKING LOT & STORAGE: Lessee shall have rights to all parking spaces at the Premises at no charge during the term of the lease. Parking spaces and parking lot may not be used for storage. There is to be no washing or work done on vehicles on the property. Lessee is responsible maintaining its parking spaces and for keeping its spaces oil free, and for providing all signage and striping per Applicable Requirements.

57. SIGNS: Lessee shall have the right to place monument signage at the property and other signage, subject to applicable legal requirements, approvals and Lessor’s consent. Lessee shall be responsible, at its sole expense, for its own sign installation and removal at the end of Lease Term or earlier termination thereof. At Lessee’s expense, Lessee shall remove all signage, logos, etc. and repair any damages caused by its installation and removal at the end of Lease Term or earlier termination thereof. Lessee shall receive prior written approval of Lessor prior to installing any signage. Lessee is responsible for obtaining any required permits at its sole expense.

58. LOCKS & ALARM: Door locks may not be changed or removed without prior written permission of Lessor. If permission is requested and approved, Lessee shall provide Lessor with 2 keys (copies) to each door lock(s). If Lessee installs an alarm system, Lessee shall provide Lessor with an access code. Lessee shall remove all equipment and restore any damages, at Lessee's expense, upon vacating the Premises.

59. NO RELIANCE ON SECURITY DEVICES OR MEASURES: Lessee acknowledges that security devices or measures may fail, or be thwarted by criminals, or by electrical, or by mechanical malfunction. Therefore, Lessee acknowledges that it should not rely on such devices or measures and should protect itself and its property as if these devices or measures did not exist. Lessor is not responsible for any failures of the security devices or measures. Lessee will be fully responsible for any repairs, maintenance and or replacements of such devices.

60. SMOKING PROHIBITION: Smoking on the Premises and in the common areas is prohibited under this Lease and by any applicable laws at all times.

61. ADVERTISING THE PREMISES: Lessee may not advertise the Premises, or any portion of it without prior written permission by Lessor. All advertisements must be approved by Lessor in writing.

Lessee shall not advertise and/or lease the Premises, or any portion of it on any poster, sign, newspaper, billboard, magazine, listing services, second party services or agencies, television, radio, flyer, or any website.

62. RODENTS AND INSECT: Lessor and Lessee have inspected the Premises prior to entering into this lease and know of no rodent or insect infestation. If the presence of rodents or insects are found during tenancy in the Premises, Lessee shall be responsible for the cost of extermination and any damage caused by the infestation. Lessor shall cooperate with all pest control efforts.

63. ASSIGNMENT AND SUBLETTING: In the event of an assignment or subletting, Lessor and Lessee shall equally share and divide any premium (after Lessee’s deduction for reasonable costs and expenses incurred by Lessee related to such assignment or subletting), whether in the form of (a) a lump sum payment (s) in consideration of the assignment or subletting, and/or (b) the payment of the rent by the Sublessee, in an amount greater than that provided for in this Lease, that result from such assignment or subletting. 87 G.

EXECUTION VERSION – JULY 8, 2021
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64. RIGHT OF FIRST OFFER TO PURCHASE: If during the Lease Term the Lessor decides the sell the Premises, the Lessor shall give the Lessee a written notice offering Lessee the first right to purchase the Premises at price and terms under which Lessor is willing to sell (“First Offer”).

Lessee shall have 30 days to accept the First Offer or make a counter offer. If Lessee does not accept the First Offer or Landlord does not accept the counter offer, then Lessor shall have the right to sell the Premises to any other purchaser; provided, however, that if Lessor receives a written offer to purchase the Premises that is 10% lower than the First Offer and Lessor intends to accept such offer, Lessor, before accepting such offer, shall offer Lessee the right to purchase the Premises at that same purchase price (“Second Offer”). Lessee shall have 30 days to accept the Second Offer.
88 G.
1 FIRST AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE TENANT LEASE—GROSS THIS FIRST AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE TENANT LEASE-GROSS is made February __, 2023 between the Orsini Court Trust (“Lessor”) and the City of Brisbane (“Lessee”) concerning 25 Park Place, Brisbane, California 94005 (“Premises”).

Recitals
A. On July 1, 2021, Lessor and Lessee entered into a Standard Industrial/Commercial Single Tenant Lease-Gross “Lease”) for the Premises.

B. The term of the Lease ends on December 31, 2031 and paragraph 52 of the Lease sets forth the monthly rent that Lessee is to pay to Lessor through December 31, 2031.

C. Lessor and Lessee wish to extend the term of the Lease through December 31, 2046 and to set forth the monthly rent that Lessee will pay to Lessee from January 1, 2032 through December 31, 2046.

NOW, THEREFORE, in consideration of the following, Lessor and Lessee amend the Lease as follows:

1. Paragraph 1.3 of the Lease is amended to read:
“1.3 Term. 25 years and 0 months, commencing January 1, 2022 (“Commencement Date”) and ending December 31, 2046 (“Expiration Date”). (See also paragraph 3.)”

2. Paragraph 52 of the Lease is amended to read:
“52. Rent and Rent Increase. The gross Base Rental and Base Rental Increases shall be as follows:

Commencement Date—December 31, 2022 $25,000 per month
January 1, 2023 – December 31, 2023 $25,750 per month
January 1, 2024 – December 31, 2024 $26,522 per month
January 1, 2025 – December 31, 2025 $27,318 per month
January 1, 2026 – December 31, 2026 $28,138 per month
January 1, 2027 – December 31, 2027 $28,982 per month
January 1, 2028 – December 31, 2028 $29,851 per month
January 1, 2029 – December 31, 2029 $30,747 per month
January 1, 2030 – December 31, 2030 $31,669 per month
January 1, 2031 – December 31, 2031 $32,619 per month
January 1, 2032 – December 31, 2032 $33,598 per month
January 1, 2033 – December 31, 2033 $34,606 per month
January 1, 2034 – December 31, 2034 $35,644 per month
January 1, 2035 – December 31, 2035 $36,713 per month
January 1, 2036 – December 31, 2036 $37,815 per month
January 1, 2037 – December 31, 2037 $38,949 per month
January 1, 2038 – December 31, 2038 $40,118 per month
January 1, 2039 – December 31, 2039 $41,321 per month
January 1, 2040 – December 31, 2040 $42,561 per month
January 1, 2041 – December 31, 2041 $43,838 per month
January 1, 2042 – December 31, 2042 $45,153 per month
Attachment 2
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2 January 1, 2043 – December 31, 2043 $46,507 per month January 1, 2044 – December 31, 2044 $47,903 per month
January 1, 2045 – December 31, 2045 $49,340 per month
January 1, 2046 – December 31, 2046 $50,820 per month

3. Notwithstanding the foregoing, Base Rental and Base Rental Increases may be adjusted upwards, effective January 1, 2034, in the following events and on the following basis:
a. If the percentage change in Consumer Price Index, all Urban Consumers (CPI-U), San Francisco – Oakland - Hayward Region (the “CPI”), between January 1, 2022 and December 31, 2033, if applied to the Base Rental on January 1, 2022 ($25,000) , would cause an increase of $21,288 or more, then the monthly rent shall be reset, effective January 1, 2034, at $42,397, and said amount shall thereafter be increased by 3% annually.
b. Resetting the rent, if applicable, as set forth above shall be made as soon as possible after publication of the percentage change in the CPI for December 2033, and shall be retroactively applied, effective January 1, 2034. Any amounts due for the Lease period between January 1, 2034, and the date when the monthly rent has been reset shall be payable within sixty (60) days of the reset date. c. If the percentage change in the CPI between January 1, 2022 and December 31, 2033, as applied to the Base Rental on January 1, 2022 ($25,000), would not cause an increase of $21,288 or more, the monthly rent for 2034 and thereafter shall remain for the balance of the Lease term as set forth in Paragraph 52 of the Lease as amended.

4. In all other respects, the terms and conditions of the Lease are to remain in full force and effect.

ORSINI COURT TRUST CITY OF BRISBANE
Elena Court, Trustee Clayton Holstine, City Manager
Approved as to form:

Michael H. Roush
Legal Counsel
City of Brisbane
90 G.

Brisbane City CouncilFebruary 16, 2023

Brisbane City Council
February 16, 2023