Agenda packet — Brisbane City Council, April 20, 2023

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CITYof BRISBANE
Thursday, April 20, 2023 at 7:30 PM ● Hybrid Meeting 50 Park Place, Brisbane, CA The public may observe/participate in City Council meetings using remote public comment options or attending in person. City Council members shall attend in person unless remote participation is permitted by law. The City 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 Masking is not required but according to the California Department of Public Health guidelines, people at higher risk for severe illness should consider masking. To help maintain public health and safety, we respectively request that people not attend in-person if they are experiencing symptoms associated with COVID-19 or are otherwise ill and likely contagious (e.g., respiratory illnesses).

To address the City Council on any item – whether on the posted agenda or not – please fill out a Request to Speak Form located in the Community Meeting Room Lobby and submit it to the City Clerk. Speakers are not required to submit their name or address.

REMOTE PARTICIPATION
Members of the public may participate in the City Council meeting by logging into the Zoom Webinar listed below. City Council meetings may also be viewed live and/or on-demand via the City’s YouTube Channel, youtube.com/brisbaneca, or on Comcast Ch. 27. Archived videos may be replayed on the City’s website, brisbaneca.org/meetings. Please be advised that if there are technological difficulties, the meeting will nevertheless continue if remote participation is available.

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

Remote Public Comments:

Remote meeting participants may address the City Council. We also encourage you to submit public comments in writing in advance of a meeting. Aside from commenting personally 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 agenda item.

Email: [email protected] or Text: (628) 219-2922
Join Zoom Webinar: zoom.us (please use the latest version: zoom.us/download) brisbaneca.org/cc-zoom
Webinar ID: 991 9362 8666
Call In Number: 1 (669) 900-9128
Note: Callers dial *9 to “raise hand” and dial *6 to mute/unmute.

Joint City Council & Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority Meeting Agenda 1 April 20, 2023 - 2 - 7:30 PM

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 4pm of the day of the meeting will be available for public inspection at the front lobby in City Hall and on the internet (brisbaneca.org/meetings). Any writings that are received after 4pm of the day of the meeting will be available on the internet at the start of the meeting (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
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449

ADOPTION OF AGENDA
ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
B. Approve Minutes of City Council Meeting of March 2, 2023 C. Approve Minutes of City Council Closed Session Meeting of April 6, 2023 D. Approve the Tai Chi Chuan Workshop featuring Master Yang Jun as a Co-sponsored Event
E. Adopt a Resolution Setting the Dates of Regular Meetings of the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority for Fiscal Year 2022/23 F. Adopt an Ordinance, Waiving Second Reading, Amending Various Sections of the Brisbane Municipal Code Concerning Building Efficiency Program (It is being recommended to adopt an Ordinance Amending Various Sections of Chapter

15.77 of the Brisbane Municipal Code Concerning Building Efficiency Program, including the finding that the introduction and adoption of the Ordinance is not subject to further review under the California Environmental Quality Act (CEQA) because it is not a “project”. (CEQA Guidelines, Section 15378 (b)(2))
2 April 20, 2023 - 3 - 7:30 PM

CONTINUED PUBLIC HEARING
G. Consider Adoption of a Resolution for Water and Sewer Rate Increase (This public hearing was continued from the City Council Meeting of April 6, 2023. To view the April 6th City Council Meeting and the corresponding staff presentation, visit:
https://www.youtube.com/watch?v=BZNXoQ5MyoY. Council will consider a Resolution increasing the charges for water and sewer services and setting the discount rate for the city’s low-income rate assistance plan at 25% for all services.)

NEW BUSINESS
H. Consider Introduction of an Ordinance Conforming Sewer Service and Water Service Charges to Charges Approved by City Council on April 20, 2023

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

MAYOR/COUNCIL MATTERS
J. Countywide Assignments and Subcommittee Reports
- Fiscal & Administrative Polices Subcommittee Monday 4/3 Cunningham, O’Connell - Affordable Housing Subcommittee Monday 4/10 Davis, Lentz K. Written Communications
ORAL COMMUNICATIONS NO. 2

ADJOURNMENT
3 File Attachments for Item:

B. Approve Minutes of City Council Meeting of March 2, 2023 4 B.

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING
THURSDAY, MARCH 2, 2023
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005

CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Davis called the meeting to order at 7:30 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, Finance Director Yuen, Community Development Director Swiecki, City Engineer Breault, Parks and Recreation Director Leek, Senior Planner Johnson, Police Commander Garcia, Economic Development Director Bull, and Administrative Analyst Ibarra
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
No requests were made to consider.

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

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.

ADOPTION OF AGENDA
5 B.

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Councilmember Mackin made a motion, seconded by Councilmember Cunningham, to adopt 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

AWARDS AND PRESENTATION
B. Women’s History Month
Mayor Davis read a Proclamation designating March 2023 as Women’s History Month adding that the City of Brisbane City Council recognize the importance of Women’s History Month as an opportunity to recognize and honor these brave, accomplished, and influential women who told – and continue to tell – our stories.

Vanessa Garcia owner of 7 Milehouse and author of the award winning book See You at the Seven: Stories from the Bay Area's Last Original Mile House, accepted the Proclamation.

ORAL COMMUNICATIONS NO. 1
Michele Salmon commented on the need to see butterfly habitat protection in the quarry development’s environmental impact reports.

Dana Dillworth commented that the City needs better than a granite path connection to Bay Trail.

CONSENT CALENDAR
C. Accept Investment Report as of December 2022
D. Adopt an Ordinance, waiving second reading, amending Section 13.04.420 of Chapter 13.04 of the Brisbane Municipal Code pertaining to “Sewer System”
(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). The purpose of this ordinance is to update the municipal code chapter relating to joint sewer laterals.) E. Support the Brisbane School District Board of Trustees decision to name the baseball field at Lipman Middle School in recognition of the Brisbane Lions Club F. Update of Commercial Linkage Fee Nexus and Feasibility Study (It is being recommended to authorize the City Manager to extend the scope of the City’s current professional services agreement with ECONorthwest to include update of the 2015 commercial linkage fee nexus and feasibility study and authorize a one-time not to exceed amendment to the contract of $55,000) Councilmember Lentz made a motion, seconded by Councilmember Cunningham, to adopt consent calendar Items C-F.

The motion was carried unanimously by all present.

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

Absent: None
6 B.

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Abstain: None

OLD BUSINESS
G. Sierra Point Open Space and Parks Master Plan Process Update (Council will receive process update from consultant and provide additional direction to staff if needed) Staff reported that CMG Landscape began their work in the Fall of 2022 by conducting a series of meetings with City staff and establishing a master planning subcommittee comprised of representatives from the Brisbane City Council, Parks and Recreation Commission, Open Space and Ecology Committee, Complete Streets Safety Committee, IDEA Committee, and Public Art Advisory Committee.

Willett Moss, Founding Partner of CMG Landscape Architecture, presented on the various draft Schemes. The schemes describe alternative character, program and experience scenarios for public consideration. The overarching framework integrates a more “naturalistic” approach from north to south, with a primarily “functional” environment that captures the marina facilities, Harbor Master’s building and yacht club at the south.

Councilmember Cunningham questioned how the scope of the project changed. After more Council questions, the following public comments were made:

Quincy Bragg commented that the plan ignores the Marina.

Dana Dillworth commented that the schemes should not have features that the City already has.

Tom Heinz said he is disappointed what he has seen so far. He wants recreation not circulation.

W. Clarke Conway said sea-level rise is the issue with two issues being how to regulate the water in the lagoon and the Marina.

Anthony Walker commented that he supports the continuation of the plan and process.

Michele Salmon like what she saw as concept plans and wants a plan for the Marina.

Leesa Greenlee agreed that there are a lot of opportunities and the area is like a blank canvas.

Michael Barnes commented that bicycling is also recreation.

Paul Bouscal asked where in the Marina is the evacuation site and whether we can create a floating harbormaster office.

He also added that we should take care of the habitats and the birds.

Ron Davis commented boaters wanted to be included and added we should be plan by starting with sea level rise.

Mitch Bull added that we should also be future proofing Sierra Point such as transportation mitigation (hover crafts and water taxis).

Nancy Lacsamana commented that we should consider all the public land.

City Clerk Padilla added that correspondence was received from Linda Dettmer about the plan should be from the original boundaries with parking needs and tenant needs addressed.

After a brief break, City Manager Holstine proposed to do the following:

Bring back to Council the Marina infrastructure plan for sea level rise issues Bring back to Council a public participation plan for the Park planning Bring back to Council a mapping of the subcommittees and how to bring back information to the Council Councilmember Cunningham requested to make sure the plans are inclusive.

H. Consider Ample Battery’s Proposed Temporary Lease of City-Owned Parking Spaces (The purpose of this item is to consider a proposal by Ample Battery to temporarily lease a limited number of city-owned 7 B.

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parking spaces at Sierra Point and the former Bank of America site to install EV battery changing stations. It is being recommended that the City Council authorize the City Manager to execute the lease agreement. Per the lease agreement, if approved, Ample will pay the City $2400/month for the Marina site and $1600/month for the Old County Road (OCR) site.)
Community Development Director Swiecki reported that in response to concerns raised at the November 2022 City Council meeting, the lease agreement has been modified to establish a fixed payment schedule based on the areas leased, not tied to the number of stations installed. The agreement has further been revised to specify hours of operation (8am to 8pm), explicitly define the operator’s maintenance obligations, and clarify that ancillary improvements such as lighting and fencing would be subject to city review and approval.

After some clarifying questions of staff and applicant, Councilmember Mackin made the request to also add to the agreement that the lights will be downward facing and at the Old County Site tenant will not use the back parking lot.

After no public comment were made, Councilmembers Cunningham made the motion, seconded by Councilmember Lentz, to approve Ample Battery’s Proposed Temporary Lease of City-Owned Parking Spaces and authorize the City Manager to execute the lease agreement with Councilmember Mackin’s amendments regarding the downward facing lights and no use of the back parking lot at the Old County Site. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
I. Second Reading to Consider 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). (This item was introduced at the 2/16/23 City Council Meeting. It is being recommended to receive the second reading and consider adoption of an ordinance amending Chapter 17.18 of the Brisbane Municipal Code, to update existing research and development use provisions and related performance standards.) Community Development Director Swiecki reported that this ordinance was introduced at the regular City Council meeting held on February 16, 2023 and passed 3-2, with a modification to continue to have City Council serve as the reviewing authority for conditional use permits rather than the Planning Commission, for facilities that would exceed National Institute of Health (NIH) Biosafety Level 3.

City Council also directed staff to conduct additional outreach, through the City's Economic Development Director, to the Sierra Point biotechnology tenants regarding the proposed changes to the animal testing use provisions.

Economic Development Director Bull, reached out to several biotechnology companies in the City and there was no negative feedback. The companies did not see the policy as a problem.

Michele Salmon asked the Council to clarify what this policy is about.

After some Council discussion, Councilmember O’Connell made a motion, seconded by Councilmember Mackin, to a receive the second reading and adopt an ordinance amending Chapter 17.18 of the Brisbane Municipal Code, to update 8 B.

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existing research and development use provisions and related performance standards. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None

STAFF REPORTS
J. City Manager’s Report on Upcoming Activities
City Manager Holstine briefly reported on the latest City news and upcoming events.

MAYOR/COUNCIL MATTERS
K. Update on Committee Recruitment
City Clerk Padilla received several applications for the committee recruitment for the Inclusion, Diversity, Equity and Accountability and the Public Art Advisory Committee. She will send out a scheduling poll to the Councilmembers to determine the date and time to interview the applicants.

L. Countywide Assignments and Subcommittee Reports
City Manager stated that the Open Space Ecology Committee (OSEC) requested to review and comment on the Quarry Project Development. Councilmembers O’Connell and Mackin, the liaisons to the OSEC Committee, agree that it would be helpful to get the Committee’s feedback.

The Council reported on their assignments and subcommittee meetings.

M. Written Communications
Council received the following written communication from 2/17/23-3/2/23:
• Dana Dillworth (3/2/23) Images to support my Public Comments • Steve Kerekes (3/2/23) Response to Emails
• Dana Dillworth (2/28/23) Submission to Sierra Point Open Space Consultant and council • Nancy Tierney (2/27/23) local Sierra Club chapter wish to invite you to this upcoming webinar • Elaine Straw (2/24/23) Comments and/or Suggestions
ORAL COMMUNICATIONS NO. 2
Michele Salmon commented that she was upset that the City is losing butterfly habitat to enable the quarry development.

Paul Bouscal commented to ask Recology to downturn their lights and stop light pollution. He also asked that the City purchase the 23 Club property for senior housing.

Richard Katowski is a 43-year resident and got evicted. He asked the City to help him secure housing in the City’s Bridge Housing. Brisbane is his community.
9 B.

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ADJOURNMENT
Mayor Davis adjourned the meeting at 10:36 P.M.
_____________________
Ingrid Padilla, City Clerk
10 B.

File Attachments for Item:

C. Approve Minutes of City Council Closed Session Meeting of April 6, 2023 11 C.

BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, APRIL 6, 2023
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,

BRISBANE, CA
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: One
• 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 6:33 P.M.

Councilmember O’Connell made a motion, seconded by Councilmember Cunningham 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 OF 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 7:26 P.M.
_________________________
12 Ingrid Padilla, City Clerk
C.

File Attachments for Item:

D. Approve the Tai Chi Chuan Workshop featuring Master Yang Jun as a Co-sponsored Event 13 D.

Application for Event Cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 4/20/2023
From: Noreen Leek, Parks & Recreation Director
Subject: Application for Event Cosponsorship
Community Goal/Result
Community Building
Purpose
Support local non-profit organizations.

Recommendation
Approve the Tai Chi Chuan workshop featuring Master Yang Jun as a co-sponsored event.

Background
Brisbane Community Park has been the backdrop for Tai Chi Yuen to emphasize the importance and practice of health through a form of moving meditation. It not only has been their home and place of gathering and friendship building, but also their focus point for community outreach for the past 17 years.

Discussion
In their continuing effort to improve Tai Chi practice and skill, they are seeking a venue to host a Tai Chi Chuan workshop featuring Master Yang Jun. Master Yang is the 6th generation and a direct lineage of the Yang Family Style Tai Chi. The association is headquartered in Seattle and was founded in 1998 by Grand Master Yang- the grandfather. The mission is to promote health and longevity to mankind through Tai Chi Chuan.

The workshop will emphasize:
• Tai Chi Chuan - The philosophy of the art forms and its applications • Gain understanding of the rudimentary tai chi forms
• Practice the tradition 103 forms of Yang Family Style Tai Chi • Demonstration of advance techniques
They graciously request the Council’s consideration to allow them to host this event in Brisbane for the community.

Fiscal Impact
The Tai Chi Yuen group qualifies under the Group III category for recreation facilities indoor use permits as a non-profit group serving Brisbane residents. Meeting the Group III requirements with their event open to the general public qualifies them for free use of the facility and waives the deposit requirement.

They are requesting the City’s support by allowing use of the Mission Blue Center and waiving the requirement to provide insurance.
14 D.

Application for Event Cosponsorship Page 2 of 2
Attachments

1. Cosponsorship Event Application
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Clay Holstine, City Manager 15 D.
16 D.
17 D.

File Attachments for Item:

E. Adopt a Resolution Setting the Dates of Regular Meetings of the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority for Fiscal Year 2022/23 18 E.

Adopt a Resolution Setting the Dates of Regular Meetings of the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority for Balance of FY20222/23 Page 1 of 2

BRISBANE/GUADALUPE VALLEY MUNICIPAL IMPROVEMENT

DISTRICT FINANCING AUTHORITY AGENDA REPORT
Meeting Date: 4/20/2023
From: Carolina Yuen, Finance Director
Subject: Adopt a Resolution Setting the Dates of Regular Meetings of the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority for Fiscal Year 2022/23
Community Goal/Result
Community Building
Fiscally Prudent
Purpose
Ensure the public has notice of meetings of the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority (Financing Authority). The Financing Authority can only take actions to sell bonds during regularly scheduled meetings.

Recommendation
Approve the attached resolution setting the schedule for regular meetings of the Financing Authority for the remainder of Fiscal Year 2022/23.

Background
The Financing Authority was created as an agency to allow the City to issue and sell lease revenue bonds. It was created after the dissolution of the Brisbane Redevelopment Agency, which dissolved the City’s previous Financing Authority after changes in state law.

Discussion
At the April 3, 2023, meeting of the Fiscal and Administrative Policies Subcommittee of the Brisbane City Council (City Council), staff was directed to present the possible sale of a bond to reimburse the City’s General Fund for improvements at the City Hall Annex site (25 Park Place, Brisbane, CA). Bond documents and the issuance and sale of bonds can only be approved at regularly scheduled Financing Authority meetings. This resolution establishes the Financing Authority’s regularly scheduled meetings for the balance of the Fiscal Year 2022/23.

The resolution calls for scheduled meetings to be held in conjunction with City Council meetings on May 4
th, May 18th, and June 1st of 2023. This will allow the City Council and the Financing Authority to consider and, if directed, take action on a bond for City Hall Annex improvements. 19 E.

Adopt a Resolution Setting the Dates of Regular Meetings of the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority for Balance of FY20222/23 Page 2 of 2 Fiscal Impact
There is no fiscal impact for setting regular meetings of the Financing Authority.

Measure of Success
The City and the Financing Authority can help ensure long-term financial stability by allowing needed projects to be paid over time as revenues are available.

Attachments

1. Resolution of the Board of Directors of the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority Establishing Regular Meeting Dates for the remainder of Fiscal Year 2022/23.
___________________________________ ___________________________________ Carolina Yuen, Finance Director Clay Holstine, City Manager 20 E.

BRISBANE/GUADALUPE VALLEY MUNICIPAL

IMPROVEMENT DISTRICT FINANCING AUTHORITY
RESOLUTION NO. _____

RESOLUTION OF THE BOARD OF DIRECTORS OF THE

BRISBANE/GUADALUPE VALLEY MUNICIPAL IMPROVEMENT DISTRICT

FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES FOR BALANCE OF FY 2022/23
WHEREAS, pursuant to the provisions of the Joint Exercise of Powers Act, codified in Government Code Title 1, Division 7, Chapter 5, Article 1, section 6500 et seq. , the City of Brisbane, California (City), and the Guadalupe Valley Municipal Improvement District entered into a joint exercise of powers agreement (Agreement) creating the Financing Authority (Authority); and
WHEREAS, the Board of Directors of the Authority (Board) desires to establish regular meeting dates for the Authority for the remainder of Fiscal Year 2022/23; NOW, THEREFORE, the Board resolves:

Section 1. Regular Meeting Dates. The Authority shall hold regular meetings on May 4, 2023, May 18, 2023, and June 1, 2023. On such dates the meeting shall be held in conjunction with the City Council meetings of the City and held in the City Council Chambers, City of Brisbane City Hall, 50 Park Place, Brisbane, California. If no action is required of the Authority on any such dates, those meetings may be cancelled.

Section 2. Effective Date. This Resolution shall take effect from and after its adoption.

I hereby certify that the foregoing Resolution was adopted by the Board of Directors of the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority at a regular meeting of the Board of Directors duly noticed and held on April 20, 2023, by the Ay following vote: es: Board Members:

Notes: Board Members:

Absent: Board Members:

Secretary
21 E.

File Attachments for Item:

F. Adopt an Ordinance, Waiving Second Reading, Amending Various Sections of the Brisbane Municipal Code Concerning Building Efficiency Program
(It is being recommended to adopt an Ordinance Amending Various Sections of Chapter 15.77 of the Brisbane Municipal Code Concerning Building Efficiency Program, including the finding that the introduction and adoption of the Ordinance is not subject to further review under the California Environmental Quality Act (CEQA) because it is not a “project”. (CEQA Guidelines, Section 15378 (b)(2))
22 F.

BBEP Amendments Second Reading Page 1 of 1

CITY COUNCIL AGENDA REPORT
Meeting Date: April 20, 2023
From: Adrienne Etherton, Sustainability Manager
Subject: Building Efficiency Program Ordinance Amendments Recommendation
Adopt an ordinance, waiving second reading, amending Various Sections of Chapter 15.77 of the Brisbane Municipal Code Concerning Building Efficiency Program.

Background
This ordinance was introduced at the regular City Council meeting held on April 6, 2023, and was passed unanimously with no requested changes.

Attachments

1. April 6, 2023 staff report, including the introduced ordinance and redline version. ___________________________________
Adrienne Etherton, Sustainability Manager
___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 1 23
F.

BBEP Ordinance Amendments Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: April 6, 2023
From: Adrienne Etherton, Sustainability Manager
Subject: Building Efficiency Program Ordinance Amendments Community Goal/Result
Ecological Sustainability - Brisbane will be a leader in setting policies and practicing service delivery innovations that promote ecological sustainability.

Purpose
To amend the ordinance which established the Building Efficiency Program based on current needs, understanding and best practices.

Recommendation
Introduce an Ordinance Amending Various Sections of Chapter 15.77 of the Brisbane Municipal Code Concerning Building Efficiency Program, including the finding that the introduction and adoption of the Ordinance is not subject to further review under the California Environmental Quality Act (CEQA) because it is not a “project”. (CEQA Guidelines, Section 15378 (b)(2)).

Background
In late 2019, the City Council adopted Chapter 15.77 of the Brisbane Municipal Code thereby establishing the Brisbane Building Efficiency Program. The ordinance put in place annual energy and water benchmarking requirements for local buildings 10,000 square feet or larger with the first reports due in May 2021 for calendar year 2020 building data. In addition, the ordinance established “Beyond Benchmarking” requirements through which owners of buildings covered by the program must either demonstrate that the buildings are already high-performing (i.e. highly energy and water efficient) or the owners must take actions to improve the building’s efficiency, including performing energy and water audits followed by improvements, retrocommissioning, or green lease agreements between tenants and landlords (where applicable).

The Beyond Benchmarking requirements start in 2023 for commercial buildings and 2024 for industrial and multi-family buildings. Accordingly, in 2022 sustainability staff began working on additional guidance and documentation for the Beyond Benchmarking phase. Through this process, staff determined that certain aspects of the original ordinance posed challenges for implementation and is recommending these clean-up amendments to ensure that building owners and representatives are able to comply with both the letter and the spirit of the law and that staff is able to efficiently and effectively administer the ordinance.

Discussion
The recommended changes to the code fall into four areas:
12 ATTACHMENT 1
24 F.

BBEP Ordinance Amendments Page 2 of 2

1. Updating and clarifying Beyond Benchmarking reporting timelines, including incorporating interim steps and ensuring that owners of the buildings have time to see the results from one cycle before moving into the next.

2. Providing more options for water use efficiency, including an option to demonstrate high-performance status by the water use intensity being 25% better than the property type median so already efficient buildings can be recognized as such, and referencing a common water audit guideline.

3. Updating the energy performance metric from GHG intensity to Energy Use Intensity, to match the readily available metrics in both Energy Star Portfolio Manager (the free benchmarking tool used by building owners/representatives) and TouchstoneIQ (the program management software used by City staff) and align with industry best practice.

4. Changing the City notification timeline so that staff may review and incorporate Energy Star Portfolio Manager's annual platform update and recommended metrics, generally in late February, before the start of the reporting cycle.

Fiscal Impact
There is no cost associated with the proposed revision.

Environmental Determination
Introduction (and adoption) of this Ordinance is not subject to further environmental review under the California Environmental Quality Act (CEQA) because it is a continuing administrative activity of the City, i.e., general policy and procedure making, and therefore it is not a “project” under CEQA. (CEQA Guidelines, Section 15378 (b)(2)).

Measure of Success
Building Efficiency Program participants can comply with the requirements and staff is able to effectively administer the Program.

Attachments
A. Proposed Ordinance
B. Chapter 15.77 (BBEP) Ordinance - Redline
___________________________________
Adrienne Etherton, Sustainability Manager
___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 23 25
F.
~ 1 ~
Ordinance No. - - -
ORDINANCE NO. - - -

AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING SECTIONS 15.77.40, 15.77.070, 15.77.080, AND 15.77.100 OF CHAPTER 15.77 OF THE BRISBANE MUNICIPAL CODE CONCERNING

BUILDING EFFICIENCY PROGRAM
The City Council of the City of Brisbane hereby ordains as follows:

Section 1: Section 15.77.040 of the Brisbane Municipal Code is revised to read as follows:
“15.77.040 - Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section unless the context indicates otherwise. Words and phrases not defined here shall be construed as defined in BMC Chapters 15.08, 15.70, 15.80, 15.81, and 15.82.

A. "Base building systems" means the systems and subsystems of a building that use or distribute energy and/or water and/or impact the energy and/or water consumption, including the building envelope; the heating, ventilating and air-conditioning (HVAC) systems; air conveying systems; electrical and lighting systems; domestic hot water systems; water distribution systems; plumbing fixtures and other water-using equipment; landscape irrigation systems and water features; energy generation and storage equipment; and electric vehicle charging infrastructure. Base building systems shall not include:

1. Systems or subsystems owned by a tenant or for which a tenant bears full maintenance responsibility, that are within the tenant's leased space and exclusively serve such leased space, and for which the tenant pays all the energy and water bills according to usage and demand as measured by a meter or sub-meter.

2. Systems or subsystems owned by a residential unit owner that exclusively serve the residential unit of that owner.

B. "Baseline year" means the calendar year that a building shall use as its past energy and water usage year when comparing to its "reporting year" usage. For the beyond benchmarking cycle 1, the baseline year is the first year of in-compliance benchmarking, which is the calendar year data of 2020 reported in 2021 unless reporting was not completed that year or had unresolved data quality issues. In subsequent beyond benchmarking cycles, the baseline year resets to the calendar year evaluated in the previous beyond benchmarking cycle. The following table reflects the data and baseline years for a typical commercial property during the first three (3) beyond benchmarking cycles:

Baseline Calendar
Evaluation Year
Data to be
compared
against Baseline
Year 1 – (Reporting
Year) -
Performance
Verification Report or
Audit due
Year 3 –
Check-in
Year 5 – RCx Report,
Improvement Report,
or Green Lease
Attestation due
3 ATTACHMENT A
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Cycle 1 2020 2022 2023 2025 2027
Cycle 2 2022 2028 2029 2031 2033
Cycle 3 2028 2034 2035 2037 2039
C. "Benchmarking report" means a report, generated by ENERGY STAR® Portfolio Manager, summarizing the annual energy and water performance of a building.

D. "Commercial property" means a property that is defined by ENERGY STAR® Portfolio Manager with the exception of the property types listed on Portfolio Manager as multifamily or manufacturing/industrial plants. Commercial property includes warehouses and distribution centers.

E. "Covered building" means the current definition of "covered building" as set forth in state regulations.

F. "Decarbonized building" means any building that is highly energy-efficient and produces onsite or procures carbon-free renewable energy in an amount sufficient to offset the annual carbon emissions associated with operations.

G. "Demand flexibility" means the capability provided by building controls or distributed energy resources to reduce, shed, shift, modulate or generate electricity. Energy flexibility and load flexibility are often used interchangeably with demand flexibility.

H. "Department" means the City of Brisbane's Department of Public Works.

I. "Disclosable buildings" means the most current definition of "disclosable buildings" as set forth in state regulations that have ten thousand (10,000) square feet or more of gross floor area.

J. "Distributed Energy Resources (DER)" means distribution-connected distributed generation resources, energy efficiency, energy storage, electric vehicles, and demand response technologies, that are supported by a wide-ranging suite of California Public Utilities Commission policies.

K. "Energy" means electricity, natural gas, steam, heating oil, or other products sold by a utility to a customer of a building, or renewable on-site electricity generation, for purposes of providing heat, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities.

L. "Energy audit" means a systematic evaluation to identify potential modifications and improvements to a building's equipment and systems which utilize energy in order to optimize a building's overall energy performance.

M. "ENERGY STAR® Portfolio Manager" means the United States Environmental Protection Agency's online tool for measuring, tracking, and managing a building's energy, water, and greenhouse gas emission data, and benchmarking the performance of the building.

N. "ENERGY STAR® Certified" means a building which has earned an ENERGY STAR® Score of seventy-five (75) or higher, indicating that it performs better than at least seventy-five percent (75%) of similar buildings nationwide and the data has been verified by a professional engineer or registered architect. 45 27
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O. "ENERGY STAR® Score" means a number ranging from one to one hundred (100) assigned by the U.S.

EPA's Energy Star Portfolio Manager as a measurement of a building's energy efficiency, normalized for a building's characteristics, operations, and weather, according to methods established by the U.S. EPA's ENERGY STAR® Portfolio Manager.

P. "Energy Use Intensity" (EUI) as defined by the U.S. EPA means all energy consumption divided by the gross floor area. A normalized EUI is adjusted for property characteristics, site energy factors and source energy factors as determined by the U.S. EPA's ENERGY STAR® Portfolio Manager.

Q. "Grid-Interactive Efficient Building (GEB)" means an energy efficient building with smart technologies characterized by the active use of distributed energy resources to optimize energy use for grid services, occupant needs and preferences, and cost reductions in a continuous and integrated way.

R. "Gross floor area" means the total building square footage, as measured between the exterior walls of the building(s). Open-air stairwells, breezeways, and other similar areas that are not fully enclosed should not be included in the gross floor area. Gross floor area for a commercial property shall include all finished areas inside the building(s) including supporting areas, lobbies, tenant areas, common areas, meeting rooms, break rooms, atriums (count the base level only), restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, storage rooms. Gross floor area for an industrial property shall include all space within the building(s) at the plant, including production areas, offices, conference rooms, employee break rooms, storage areas, mechanical rooms, stairways, and elevator shafts. Gross floor area for a multifamily property shall include all buildings that are part of a multifamily community or property, including any management offices or other buildings that may not contain living units, all fully-enclosed space within the exterior walls of the building(s), including living space in each unit (including occupied and unoccupied units), interior common areas (e.g. lobbies, offices, community rooms, common kitchens, fitness rooms, indoor pools), hallways, stairwells, elevator shafts, connecting corridors between buildings, storage areas, and mechanical space such as a boiler room.

S. "Industrial property" means a property that is defined by ENERGY STAR® Portfolio Manager as a manufacturing/industrial building used for producing, manufacturing, or assembling goods and includes, but is not limited to, a main production area that has high-ceilings and contains heavy equipment used for assembly line production.

T. "Multifamily property" means any multifamily building that contains two (2) or more residential living units. This includes high-rise buildings (ten (10) or more stories), mid-rise buildings (five (5) to nine (9) stories), or low-rise buildings (one to four (4) stories).

U. "Qualified auditor" means an individual whose job duties do not regularly occur at the property, who possesses such qualifications as determined by the department to perform or directly supervise individuals performing audits and to certify audit reports required by this chapter. A qualified auditor may be a contractor hired by the reporting entity, or an employee of a utility, so long as such person has two (2) or more years of auditing experience and possesses one or more of the following certifications:

1. Accredited certification that has been designated a "Better Buildings Recognized Program" by the U.S. Department of Energy ("DOE") meeting the criteria set forth in the Better Buildings Workforce Guidelines (BBWG) for Building Energy Auditors or Energy Managers; 56 28
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2. Certified Energy Auditor (CEA) or Certified Energy Manager (CEM), issued by the Association of Energy Engineers (AEE);

3. Certified Facilities Manager (CFM), issued by the International Facility Management Association (IFMA);

4. High Performance Building Design Professional (HBDP) or Building Energy Assessment Professional (BEAP), issued by the American Society of Heating, Refrigerating, and AirConditioning Engineers (ASHRAE);

5. For audits of multifamily residential buildings only, a Multifamily Building Analyst (MFBA), issued by the Building Performance Institute (BPI);

6. Professional Engineer (PE) registered in the State of California;

7. System Maintenance Administrator (SMA) or System Maintenance Technician (SMT), issued by Building Owners and Managers Institute (BOMI) International; or

8. Additional qualified certifications as the Director of the Department deems appropriate.

V. "Qualified retro-commissioning professional" means an individual whose job duties do not regularly occur at the property, who possesses such qualifications as determined by the department to perform or directly supervise individuals performing the retuning work (i.e. adjusting system control parameters) required by this chapter. A qualified retro-commissioning professional may be a contractor hired by the reporting entity or an employee of a utility so long as such person has two (2) or more years of commissioning or retuning experience and possesses one or more of the following certifications:

1. Accredited Commissioning Process Authority Professional (ACPAP) approved by the University of Wisconsin;

2. Accredited certification that has been designated a "Better Buildings Recognized Program" by the Department of Energy meeting the criteria set forth in the Better Buildings Workforce Guidelines (BBWG) for Building Commissioning Professionals;

3. Certified Building Commissioning Professional (CBCP) or Existing Building Commissioning Professional (EBCP), issued by the Association of Energy Engineers (AEE);

4. Certified Commissioning Professional (CCP), issued by the Building Commissioning Association (BCA);

5. Certified Commissioning Authority (CxA) or Certified Commissioning Technician (CxT), issued by the AABC Commissioning Group (ACG);

6. Certified professional certified by the National Environmental Balancing Bureau (NEBB);

7. Commissioning Process Management Professional (CPMP), issued by American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE);

8. Professional Engineer (PE) registered in the State of California; or

9. Additional qualified certifications as the Director of the Department deems appropriate. 67 29
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W. “Reporting Year” means the year in which a benchmarking or other report is submitted, based on the prior calendar year’s data. For instance, for Reporting Year 2023, a building owner will submit energy and water data for calendar year 2022 (January 1 – December 31) with a deadline of May 15, 2023.

X. "Retro-commissioning" means a systematic process for optimizing existing systems relating to building performance through the identification and correction of deficiencies in such systems.

Y. "Retro-commissioning measures" means work relating to retro-commissioning such as repairs, maintenance, adjustments, changes to controls or related software, or operational improvements that optimize a building's energy and/or water performance.

Z. "Retrofit Measures" means upgrades or alterations of building systems involving the installation of energy and/or water efficiency and DER technologies that reduce energy and/or water consumption and improve the efficiency of such systems.

AA. "Solar thermal system" means the process of utilizing energy from the sun through the use of collectors to produce heat for a variety of applications including, but not limited to, heating water, providing process heating, space heating, absorption cooling and any combination of such applications.

BB. "Solar photovoltaic" means a technology that uses a semiconductor to convert sunlight directly into electricity.

CC. "Stationary Battery Electric Storage System (BESS)" means a rechargeable energy storage system consisting of electrochemical storage batteries, battery chargers, controls, and associated electrical equipment designed to provide electrical power to a building, designed for service in a permanent location.

DD. "U.S. EPA Water Score" means a number ranging from one to one hundred (100) assigned by the U.S. EPA's ENERGY STAR® Portfolio Manager, and available to existing multifamily properties with twenty (20) or more units, as a measurement of a whole building's water use, normalized for that building's characteristics, operations, and weather, according to the methods established by the U.S.

EPA's ENERGY STAR® Portfolio Manager.

EE. "Water audit" means a systematic evaluation to identify potential modifications and improvements to a building's equipment and systems which utilize water in order to optimize a building's overall water performance.

FF. "Water Use Intensity" (WUI) as defined by the U.S. EPA means all water consumption divided by the gross floor area (not including parking or irrigated area) and is not adjusted for any of the building use details (number of workers, weekly hours, etc.).”
Section 2: Section 15.77.070 of the Brisbane Municipal Code is revised to read as follows:
“15.77.070 - Beyond benchmarking performance path.

A. Owners of properties that are highly efficient, have demonstrated increased efficiency, or have adopted distributed energy resources may establish satisfactory energy and water efficiency by providing the documentation described below to the department in such a form as required by the department that demonstrates the following:
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1. The building is new and has been occupied for less than five (5) years from its first compliance due date, based on its temporary certificate of occupancy or certificate of occupancy; or has achieved one or more of the energy standards and one or more of the water standards as set forth below for at least three (3) of the five (5) calendar years preceding the building's compliance due date.

2. Energy standards: The building has the latest version of the Leadership in Energy and Environmental Design (LEED™) existing buildings operations and maintenance certification; or qualified auditor or retro-commissioning professional certified at least at least one of the following:
a. The building has received an ENERGY STAR® score of eighty (80) or greater from the U.S. EPA; or
b. The building has improved its ENERGY STAR® score by twenty (20) points or more relative to its performance during the baseline year; or c. The building has a weather normalized site energy use intensity as calculated by the benchmarking tool that is twenty-five percent (25%) below the calculated median for that property type; or
d. The building has reduced its weather normalized site energy use intensity by at least twenty percent (20%) relative to its performance during the baseline year.

3. If a building has installed one or more of the following distributed energy resources (DERs):
a. Solar Photovoltaic. An onsite solar photovoltaic system has been installed in accordance with the California Building Standards Code (California Code of Regulations, Title 24) in effect at the time of installation and currently operational. The greater of the two (2) following options satisfy the solar photovoltaic measure:
i. A minimum amount of solar photovoltaic capacity of five (5) kilowatts per Brisbane Municipal Code Section 15.82.050; or
ii. Sufficient capacity must be installed to offset equal to or greater than twenty percent (20%) of their annual electricity consumption, as calculated by ENERGY STAR® Portfolio Manager, or otherwise determined by the city department. b. Stationary Electric Storage. An onsite stationary battery electric storage system (BESS) has been installed in accordance with the California Building Standards Code (California Code of Regulations, Title 24) in effect at the time of installation and currently operational.
c. Grid-interactive Efficient Building (GEB). The building currently has the ability to interact with the distribution system operator's grid to optimize its energy consumption and/or dispatch. GEBs are energy efficient buildings with smart technologies characterized by the active use of distributed energy resources to optimize energy use for grid services, occupant needs and preferences, and cost reductions in a continuous and integrated way.
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d. Decarbonized Building. The building is highly energy-efficient and produces onsite or procures carbon-free renewable energy in an amount sufficient to offset the annual carbon emissions associated with operations. Through a combination of the above strategies, demonstrate through EPA Portfolio Manager that the building is decarbonized in the current reporting year.

4. Water standards: A qualified auditor or qualified retro-commissioning professional has certified at least one of the following:
a. The building has received a U.S. EPA water score of eighty (80); b. The building has improved its U.S. EPA water score by twenty (20) points or more relative to its performance during the baseline year;
c. The building has reduced its water use intensity by at least twenty percent (20%) relative to its performance during the baseline year.
d. The building has a water use intensity that is twenty-five percent (25%) below the calculated median for that property type as determined by the Department.

B. If a building has achieved both energy and water standards, the property owner is only required to submit an ENERGY STAR® performance verification report for that reporting year. If the building only meets one of the standards, the property owner shall submit a performance verification report for the satisfactory standard and shall comply with this section by completing one of two (2) prescriptive pathway options for the unmet standard as set forth in subsection G of section 15.77.080.

C. After the establishment of a DOE-recognized standard for a water auditor, the director may adopt the qualifications of the DOE-recognized standard with modifications as the director deems to be appropriate.”
Section 3: Section 15.77.080 of the Brisbane Municipal Code is revised to read as follows:
“15.77.080 - Beyond benchmarking prescriptive path.

A. If a building does not meet performance standards set forth in 15.77.070, a property owner shall meet the requirements of this chapter through one of two (2) alternative means:

1. For properties between ten thousand (10,000) and thirty-nine thousand nine hundred ninetynine (39,999) square feet:
a. Conducting an asset score full report described in Section 15.77.080 B; and either b. Performing retro-commissioning described in Section 15.77.080 D; or c. Adopting improvement measures described in subsection F of Section 15.77.080; or d. Adopting a green lease as described in subsection H of Section 15.77.080.

2. For properties forty thousand (40,000) square feet and more:
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a. Conducting a minimum of an ASHRAE audit Level II audit described in Section

15.77.080 B (Level III audits are also acceptable); and either b. Performing retro-commissioning described in Section 15.77.080 D; or c. Adopting efficiency and/or DER Improvement Measures described in subsection F of Section 15.77.080; or
d. Adopting a green lease as described in subsection H of Section 15.77.080.

B. Energy and Water Audit Standards. Energy and water auditing standards shall comply with both of the following:

1. Energy Auditing.

Energy audits required by this chapter shall meet or exceed either the Department of Energy (DOE) asset score standards, American Society of Heating Refrigerating and Air-Conditioning Engineers (ASHRAE) Level II audit standards in conformance with the ASHRAE Standard 211- 2018 (or latest version) "Standard for Commercial Building Energy Audits" and shall be performed under the direct supervision of a qualified auditor or qualified retro-commissioning professional. The DOE audit template shall be used to transmit data to the city for compliance with energy auditing and retro-commissioning. The city will publish an audit template on the building energy asset score website with standardized data collection fields to capture information about base energy systems and recommended retrofit opportunities. Section

15.77.080 A describes the applicability of each of the following audit standards based on gross floor area:
a. Asset Score Full.
i. Collect building data: Use the data collection form "full" input mode version to gather information about the building's physical characteristics. ii. Review the data collection priority map to help focus on the most important building data given the building's use type and climate zone.

Iii. Enter the data on the audit template supplied on the DOE asset score website for the Brisbane Building Efficiency Program.
b. ASHRAE Level II Audit.
i. Energy audits required by this chapter shall meet or exceed Level II audit standards in conformance with the American Society of Heating Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 211-2018 "Standard for Commercial Building Energy Audits" and shall be performed under the direct supervision of a qualified auditor.

2. Water Auditing.

Water audits shall be performed in accordance with industry standard practices, including the latest version of the DOE Water Audit Guidance for Commercial Buildings or ASHRAE Guideline

0.2 Commissioning Process for Existing Systems and Assemblies, unless the department directs 1011
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the use of the latest version of ASHRAE Standard 230 the existing building commissioning process (EBCx process), and under the direct supervision of a qualified auditor or qualified retrocommissioning professional. The water audit of the base building systems shall include, at a minimum, the following:
a. Potable water distribution systems;
b. Landscape irrigation systems;
c. Water reuse systems; and
d. Water features.

C. Energy and Water Audit Report. A report of the energy and water audit, completed and signed by a qualified auditor, shall be maintained by the property owner as required in Section 15.77.090. The report shall meet the requirements of subsection 15.77.080 B and shall include, at a minimum, the following:

1. The date(s) that the audit and retro-commissioning were performed;

2. Identifying information on the auditor and retro-commissioning provider;

3. Information on the base building systems and equipment;

4. A list of all retrofit measures that can reduce energy use and/or cost of operating the building, costs of each measure, and an estimate of the energy savings associated with each measure;

5. A list of all retrofit measures that can reduce water use and/or cost of operating the building; costs of each measure; and an estimate of the water savings associated with each measure;

6. Functional performance testing reports;

7. Operational training conducted;

8. Inventory of existing, planned, or desired electric vehicle (EV) charging stations on the property;

9. Inventory of existing, planned, or desired solar photovoltaic, solar water heating, other energy generation equipment;

10. Inventory of existing, planned, or desired stationary battery electric storage system or other energy storage equipment;

11. Inventory of existing, planned or desired building energy end-use electrification retrofits including electrical panel upgrades;

12. Inventory of existing, planned or desired water systems and equipment; and

13. Acknowledgment that an asset score full, or ASHRAE Level II audit was conducted.

D. Energy and Water Retro-Commissioning Standards.
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1. Energy retro-commissioning shall be performed in accordance with industry standard practices, including the latest version of ASHRAE Guideline 0.2 Commissioning Process for Existing Systems and Assemblies. The department may consider updating the ASHRAE Guideline

0.2 with ASHRAE Standard 230 the existing building commissioning process (EBCx process) once the standard has been voted and approved by ASHRAE. These activities shall be conducted under the direct supervision of a qualified retro-commissioning professional. The retrocommissioning of base building systems shall include, at a minimum, the following:
a. Heating, ventilation, air conditioning (HVAC) systems and controls; b. Indoor lighting systems and controls;
c. Exterior lighting systems and controls;
d. Water heating systems;
e. Renewable energy systems;
f. Stationary electric battery storage systems;
g. Electric vehicle charging equipment; and
h. Demand flexibility systems.

2. Water retro-commissioning shall be performed in accordance with industry standard practices, including the latest version of ASHRAE Guideline 0.2 Commissioning Process for Existing Systems and Assemblies, unless the department directs the use of the latest version of ASHRAE Standard 230 the existing building commissioning process (EBCx process), and under the direct supervision of a qualified retro-commissioning professional. The water retrocommissioning of the base building systems shall include, at a minimum, the following:
a. Potable water distribution systems;
b. Landscape irrigation systems;
c. Water reuse systems; and
d. Water features.

E. Energy and Water Retro-Commissioning Report. A report of the energy and water retrocommissioning, completed and signed by a qualified retro-commissioning professional, shall be maintained by the property owner as required in Section 15.77.090. The report shall meet the requirements of Subsection 15.77.080 D and shall include, at a minimum, the following:

1. The date(s) that the retro-commissioning was performed;

2. Identifying information on the retro-commissioning provider;

3. Information on the base building systems and equipment;

4. All the retro-commissioning process activities undertaken and retro-commissioning measures completed;
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5. Functional performance testing reports; and

6. Operational training conducted.

F. Improvement Measures. A property owner may comply with the requirements of this chapter for any unmet standard by demonstrating two (2) of the following corresponding efficiency improvement measures—one energy-related measure and one water-related measure listed below—were completed and by submitting an improvement measures report within the time set forth in Section 15.77.100.

1. Energy-related Improvement Measures.
a. Energy efficiency improvement measures will be provided by the department six (6) months before the compliance deadline on the city website and will continually be updated thereafter. The list of measures will include opportunities that prioritize energy efficiency in base building systems, decarbonized buildings, and building electrification.

An owner may submit a request to the department to add measures not contained in the published list that are identified by a qualified auditor or retro-commissioning professional. Examples of energy systems include, but are not limited to:
i. Space heating and cooling.
ii. Ventilation.

Iii. Building envelope measures such as insulation, air sealing and window upgrades.
iv. Water heating.
v. Lighting.
vi. Cooking.

Vii. Refrigeration.
viii. Office equipment and computing.
ix. Other loads.
b. Distributed energy resource improvement measures will be provided by the department six (6) months before the compliance deadline on the city website and will continually be updated thereafter. The list of measures will include opportunities that prioritize decarbonized buildings and building electrification. Examples of energy systems include, but are not limited to:
i. Solar Photovoltaic. An onsite solar photovoltaic system has been installed in accordance with the California Building Standards Code (California Code of Regulations, Title 24) in effect at the time of installation and currently operational.

Ii. Stationary Electric Storage. An onsite stationary battery electric storage system (BESS) has been installed in accordance with the California Building 1314
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Standards Code (California Code of Regulations, Title 24) in effect at the time of installation and currently operational.

Iii. Grid-interactive Efficient Building (GEB). GEBs are energy efficient buildings with smart technologies characterized by the active use of distributed energy resources to optimize energy use for grid services, occupant needs and preferences, and cost reductions in a continuous and integrated way that is currently operational.
iv. Electric Vehicle (EV) charging infrastructure. Electric vehicle charging infrastructure has been installed on the building site. v. Decarbonized Building. A building that is highly energy-efficient and produces onsite or procures carbon-free renewable energy in an amount sufficient to offset the annual carbon emissions associated with operations. Through a combination of the above strategies, demonstrate through EPA Portfolio Manager that the building is decarbonized.

2. Water-related Improvement Measures.
a. Water efficiency improvement measures will be provided by the department six (6) months before the compliance deadline on the city website and will continually be updated thereafter. The list of measures will include opportunities that prioritize water efficiency. Examples of energy systems include, but are not limited to:
i. Installation of plumbing such that all systems in the building are in compliance with the California Building Standards Code (California Code of Regulations, Title 24) in effect at the time of installation and currently operational; Ii. Installation of outdoor landscaping and irrigation such that all systems on the property are in compliance with Brisbane Municipal Code Chapter 15.70, Water Conservation in Landscaping in effect at the time of the compliance cycle; Iii. Installation of a greywater system in accordance with California Code of Regulations, Title 24, Sections 1502.6, 1502.10.3, or as amended and in effect at the time of installation and currently operational;
iv. Installation of insulation on all hot water pipes in accessible building locations; or
v. Participation in approved water utility retrofit program (e.g. taken advantage of rebate or incentive programs for upgrades).

G. Improvement Measures Report. A report of the improvement measures implemented shall be submitted to the department and maintained by the property owner as required in Section 15.77.090.

The report shall be submitted with sufficient supporting data including receipts or other proof of compliance and shall include, at a minimum, the following:

1. Descriptions of the measures including the date(s) that the improvement measures were implemented;
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2. Identifying information on the person implementing the improvement measures;

3. Information on the base building systems and equipment; and

4. A list of all improvement measures that can reduce energy or water use and the cost of operating the building, and the costs of each measure.

H. Green Lease Attestation. A property owner may submit a letter of attestation that its lease or other rental agreement for the building contains sustainability or environmental provisions specifically related to energy and water as part of the agreement (a "green lease"). At a minimum, the owner shall provide reasonable evidence that the agreement includes provisions for:

1. Energy and water cost pass through requirements that do not exceed the actual reduction in building operating costs for the tenant;

2. Operational clauses that support overall energy and water reductions on the property; and

3. Reporting clauses that allow the owner and tenant to share data necessary to comply with this chapter.

I. Required Submittal to the Department.

1. For each building subject to this chapter, the property owner shall submit to the department an energy and water audit and report as described in Section 15.77.080 D, or proof of meeting one of the exemptions, in accordance with the schedule set forth in Section 15.77.100.

2. For each building subject to this chapter, the property owner shall submit to the department, in accordance with the schedule set forth in Section 15.77.100, one of the following:
a. An energy and water retro-commissioning report as described in Section 15.77.080 E; b. An improvement measures report as described in Section 15.77.080 G; or c. A green lease attestation as described in Section 15.77.080 H.” Section 4: Section 15.77.100 of the Brisbane Municipal Code is revised to read as follows:
“15.77.100 - Schedule for compliance.

A. Schedule for Benchmarking Report Compliance. A property owner shall submit to the department an annual benchmarking report in compliance with Section 15.77.050 according to the following schedule:

1. For properties owned by the city with a gross floor area of two thousand (2,000) square feet or more, the city must complete and submit the initial benchmarking report annually on or before May 15, beginning in 2020.

2. For all other properties subject to this chapter, the property owner must complete and submit the initial benchmarking report annually on or before May 15, beginning in 2021.

B. Schedule for Beyond Benchmarking Compliance for Performance and Prescriptive Paths. A property owner must comply with Section 15.77.060 once every six (6) years, based on the building type 1516
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(commercial, industrial or multi-family) which will be published on the city website for each building subject to this chapter under Section 15.77.060.

1. For commercial— Submit performance verification report or evidence of contract with qualified profession to complete energy and water audit for prescriptive path by May 15, 2023, or Year 1 of the cycle. The completed audit must by submitted by July 15 of the same year.

2. For industrial and multifamily— Submit performance report or evidence of contract with qualified profession to complete energy and water audit for prescriptive path by May 15, 2024 or Year 1 of the cycle. The completed audit must by submitted by July 15 of the same year.

3. For any newly constructed buildings receiving a certificate of occupancy less than five (5) years before the start (Year 0) of the cycle, the property owner shall comply with Sections

15.77.060, 15.77.070 and/or 15.77.080 at the time of the next cycle corresponding to the property type.

C. Timing of Audit and Retro-Commissioning. Except as otherwise provided in subsection 15.77.060 B, a property owner shall complete the audits and retro-commissioning within five (5) years of a building's compliance due date.

D. Early Compliance Pilots. The city may launch a voluntary early compliance pilot program to test the reporting infrastructure and refine the reporting requirements. The pilot program may begin prior to the reporting deadline in this Section 15.77.100.

E. Time Extensions. A property owner may be granted up to three (3) extensions of sixty (60) days each to file any submittal required by this chapter provided satisfactory proof is made to the department that one of the following conditions applies:

1. The property is under financial or legal distress, as verified by recent financial statements, legal filings and other relevant documents showing one or more of the following:
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a. The property is under the control of a court-appointed receiver as a result of financial distress;
b. The property is owned by a financial institution as a result of borrower default; c. The property has been acquired by a financial institution via deed in lieu of foreclosure;
d. The property is encumbered by a senior mortgage subject to a notice of default; e. The property is an asset subject to probate proceedings; f. The property is subject to a State of California Board of Equalization (BOE) Welfare Property Tax Exemption and the cost of complying with the reporting requirements will exceed or significantly deplete existing cash flow. The property owner must provide proof of a BOE-issued organizational clearance certificate and, where the property owner is a limited partnership, provide a supplemental clearance certificate.

2. The property owner, or tenant if applicable, is unable to timely comply due to substantial hardship. Substantial hardship shall mean circumstances by some verifiable level of adversity or difficulty from which the department determines a property owner, or tenant if applicable, would not be able reasonably to satisfy the obligations of this chapter.

3. Fifty percent (50%) or more of the gross floor area occupied by tenant(s) in the building has a lease ending within one year of the compliance deadline and the lease is not being renewed.

F. Notification. The department shall notify the property owner at least forty-five (45) days prior to the due dates specified in subsections A and B of this Section 15.77.100.” Section 5: CEQA Determination
Introduction and adoption of this Ordinance is not subject to further review under the California Environmental Quality Act (CEQA) because it is a continuing administrative activity of the City, namely, general policy and procedure making and therefore it is not a “project” under CEQA.

CEQA Guideline, Section 15378 (b) (2).

Section 6: Effective Date.

This Ordinance shall be effective thirty days after its final 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:
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Ordinance No. - - -
AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Madison Davis, Mayor
ATTEST:
_____________________________
Ingrid Padilla, City Clerk
APPROVED AS TO FORM:
_____________________________
Thomas R. McMorrow, City Attorney
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Proposed Amendments to Chapter 15.77 - BUILDING EFFICIENCY PROGRAM

15.77.040 - Definitions.

2. Systems or subsystems owned by a residential unit owner that exclusively serve the residential unit of that owner.

B. "Baseline year" means the calendar year that a building shall use as its past energy and water usage year when comparing to its "reporting data year" usage. For the first beyond benchmarking cycle 1, the baseline year is the first year of in-compliance benchmarking, which is the calendar year data of 2020 (the first year of mandatory benchmarking data), reported in 2021 unless reporting was not completed that year or had unresolved data quality issues. In subsequent beyond benchmarking cycles, the baseline year resets to the calendar year reported evaluated in the previous beyond benchmarking cycle. The following table reflects the data and baseline years for a typical commercial property during the first three (3) beyond benchmarking cycles:

Due Date , Reporting Data Year , Baseline Year
May 1, 2023 , Calendar year 2022 , Calendar year 2020
May 1, 2028 , Calendar year 2027 , Calendar year 2022
May 1, 2033 , Calendar year 2032 , Calendar year 2027
Baseline Calendar Year Data
to be evaluated
against Baseline
Year 1 – (Reporting
Year) Performance
Verification Report or
Audit due
Year 3 –
Check-in
Year 5 – RCx Report,
Improvement Report,
or Green Lease
Attestation due
Cycle 1 2020 2022 2023 2025 2027
Cycle 2 2022 2028 2029 2031 2033
Cycle 3 2028 2034 2035 2037 2039
19 ATTACHMENT B
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F.

C. "Benchmarking report" means a report, generated by ENERGY STAR® Portfolio Manager, summarizing the annual energy and water performance of a building.

E. "Covered building" means the current definition of "covered building" as set forth in state regulations.

H. "Department" means the City of Brisbane's Department of Public Works.

I. "Disclosable buildings" means the most current definition of "disclosable buildings" as set forth in state regulations that have ten thousand (10,000) square feet or more of gross floor area.

O. "ENERGY STAR® Score" means a number ranging from one to one hundred (100) assigned by the U.S.

2. Certified Energy Auditor (CEA) or Certified Energy Manager (CEM), issued by the Association of Energy Engineers (AEE);

3. Certified Facilities Manager (CFM), issued by the International Facility Management Association (IFMA);
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