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CITYof BRISBANE
Thursday, June 29, 2023 at 6:30 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 GVMID Financing Authority & Guadalupe Valley Municipal Improvement District
Special Meeting Agenda
1 June 29, 2023 - 2 - 6:30 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.
6:30 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 Closed Session Meeting of June 1, 2023 C. Approve Minutes of Joint City Council and GVMID Financing Authority Meeting of June 1, 2023
D. Approve Minutes of City Council Meeting of June 15, 2023 E. Approve Annual Military Equipment Report per AB 481
F. Acknowledge Termination of Drought Stage 1 Requirements G. Adopt a Resolution Supporting the Central Brisbane Stairway Additions Project and Entering a Funding Agreement with the San Mateo County Transportation Authority for Cycle 6 Pedestrian and Bicycle Program Funding
(It is being recommended to adopt a resolution of support and commitment, also requesting the San Mateo County Transportation Authority (TA) prepare a funding agreement for Cycle 6 Measures A and W Pedestrian and Bicycle Program funding in the amount of $475,000 and approve the supplemental appropriation from the General Fund for the local project match in the amount of $25,000.) 2 June 29, 2023 - 3 - 6:30 PM
H. Approve Co-Sponsorship Event with San Bruno Mountain Watch for a Celebration for David Schooley
I. Adopt Resolutions to Establish the Classifications of Human Resources Director and Police Corporal and Amend the Master Pay Schedule
J. Consider Adoption of Resolution establishing the Appropriation Limit for Fiscal Year 2023-2024
OLD BUSINESS
K. Continued Budget Workshop
(This item is being continued from the City Council Meeting of June 15, 2023.)
PUBLIC HEARING
L. Consider Adoption of Resolutions to approve the budget for Fiscal Year 2023/24
1. Adopt Resolution adopting the annual budget for Fiscal Year 2023-2024 and making appropriations for the amounts budgeted for the City, the Successor Agency and Housing Authority
2. Adopt Guadalupe Valley Municipal Improvement District Resolution adopting the annual budget for Fiscal Year 2023-2024 and making appropriations for the amounts budgeted
M. Consider Adoption of Resolution adopting a Master Fee Schedule N. City of Brisbane Local Stormwater Program Fees
1. Open the Public Hearing and take public comment. Close the Public Hearing, and if appropriate, overrule any objections to the imposition of fees related to the National Pollutant Discharge Elimination System (NPDES)
2. Consider adoption Resolution, “A Resolution of the City Council of the City of Brisbane Imposing Charges for Funding the Local Brisbane Stormwater Program, Authorizing Placement of Said Charges on the 2023-2024 County Tax Roll and Authorizing the County Tax Collector to Collect Such Charges.”
O. Water Shortage Contingency Plan
1. Consider Approving a Resolution of the City of Brisbane Adopting a Water Shortage Contingency Plan
2. Consider Approving a Resolution of the GVMID Board of Directors Adopting a Water Shortage Contingency Plan
3. Consider Introduction of an Ordinance, First reading of Ordinance revising Chapter 8.41, revising the Water Shortage Contingency Plan
3 June 29, 2023 - 4 - 6:30 PM
(If so approved, action taken on these Resolutions and introduction and adoption of the 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).)
P. Sierra Point Landscaping and Lighting District
1. Hear Statement of Engineer of Record, Read Mayor’s Statement, Hear City Clerk Statement, Open Public Hearing to hear any testimony, Close Public Hearing
2. Consider adoption of Resolution overruling protests and ordering the improvements and confirming the diagram and assessments for Fiscal Year 23/24
NEW BUSINESS
Q. Consider Adoption of a Resolution Granting Consent to the City of Burlingame to form the San Francisco Peninsula Tourism Marketing District (SFPTMD) to Include the City of Brisbane
R. Consider Authorizing the City Manager to Sign Agreements for Funding and for Purchase and Installation of Fiber Optic Facilities
(If authorized, the funding agreement with the City/County Association of Governments of San Mateo County (C/CAG) will provide that C/CAG pays for 100% of the cost of installation, including any amendments found necessary during construction. The current cost estimate for the install of C/CAG’s and Brisbane’s “filled” Fiber Optic conduit is $831,924) S. Consider Authorizing City Manager to sign a Storm Drain Cleaning Contract (Council will consider Authorizing the City Manager to execute a contract to clean debris flow sediment deposited in the city’s storm drain system as a result of the 2022 New Years Eve storm. The contract amount is estimated to be $1.7M. A condition precedent to the City Manager executing this contract is the City Attorney’s review and approval of same.)
STAFF REPORTS
T. City Manager’s Report on Upcoming Activities
MAYOR/COUNCIL MATTERS
U. Countywide Assignments and Subcommittee Reports
V. Written Communications
ORAL COMMUNICATIONS NO. 2
ADJOURNMENT
4 File Attachments for Item:
B. Approve Minutes of City Council Closed Session Meeting of June 1, 2023 5 B.
BRISBANE CITY COUNCIL
ACTION MINUTES
BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, JUNE 1, 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
Mayor Davis called the meeting to order at 6:33 P.M.
Councilmember Cunningham made a motion, seconded by Councilmember O’Connell to approve the agenda as it stands. The motion passed 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.
D. Liability Claim: Claimant O’Boyle, pursuant to Government Code, section 54956.95 (This item was continued from the Closed Session City Council Meeting of May 18, 2023) E. Conference with Legal Counsel- Pending Litigation
Government Code, Section 54956.9 (d) (1). Number of Cases: One
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Council rejected Liability Claim Item D and provided direction regarding the Pending Litigation Item E.
ADJOURNMENT
Mayor Davis adjourned the meeting at 7:18 P.M.
_________________________
Ingrid Padilla, City Clerk
6 B.
File Attachments for Item:
C. Approve Minutes of Joint City Council and GVMID Financing Authority Meeting of June 1, 2023
7 C.
BRISBANE CITY COUNCIL
ACTION MINUTES
JOINT CITY COUNCIL & BRISBANE/GUADALUPE VALLEY
MUNICIPAL IMPROVEMENT DISTRICT FINANCING AUTHORITY
MEETING
THURSDAY, JUNE 1, 2023
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
7:30 P.M. CALL TO ORDER- PLEDGE OF ALLEGIANCE
Mayor Davis called the meeting to order at 7:30 P.M. and led the 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
No Councilmembers made any requests regarding Item A.
Councilmembers Present: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Councilmember Absent: None
Staff Present: City Manager Holstine, City Attorney McMorrow, City Clerk Padilla, City Engineer Breault, Community Development Director Swiecki, Recreation Director Leek, Finance Director Yuen, Recreation Supervisor Houghton, Communications Director Cheung, Police Commander Garcia and Management Analyst Ibarra
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Council rejected Liability Claim Item D and provided direction regarding the Pending Litigation Item E.
ADOPTION OF AGENDA
Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to approve the agenda as it stands. The motion passed unanimously by all present. 8 C.
City Council Minutes
June 1, 2023
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
ORAL COMMUNICATION NO. 1
Bryan Shields from the Nor Cal Carpenters Union commented on the need for labor standards for future developments in the City.
AWARDS AND PRESENTATIONS
B. Proclaiming June as Pride Month
Mayor Davis proclaimed June 2023 as Pride Month and recognized all LGBTQ residents whose influential and lasting contributions to our neighborhoods make Brisbane a vibrant community in which to live, work and visit.
San Mateo County LGBTQ Commissioner Jana Rickerson accepted the proclamation and thanked the Council for their support of the LGBTQ community and Pride Month.
CONSENT CALENDAR
C. Approve Minutes of City Council Meeting of May 18, 2023 D. Approve Minutes of City Council Closed Session Meeting of May 18, 2023 E. Adopt an Ordinance, Waiving Second Reading, to Amend Section 10.24.050 of Chapter 10.24 of the Brisbane Municipal Code pertaining to “Stopping, Standing and Parking.” (The purpose of this item is to modify a section of the city’s municipal code that is inconsistent with state law.)
F. Introduce an Ordinance, Waiving First Reading, to amend the electric vehicle (EV) Charging Infrastructure Requirements for New Multifamily Residential Development Within the City of Brisbane to Align with the State’s New Minimum Requirements
and finding that this Ordinance is Categorically Exempt From Environmental Review Under CEQA Guidelines Section 15308, Actions By Regulatory Agencies for Protection of the Environment G. Adopt a Resolution Authorizing the City’s Participation in the Age-Friendly Communities’ Network H. Authorize Staff to Publish the Public Art Master Plan Request for Proposals (RFP) as Recommended by the Public Art Advisory Committee
(The RFP denotes not to exceed amount of $75,000 for a Master Planning consultant and the Public Art Advisory Committee is also recommending a 20% contingency (or $15,000) to draw from as needed to support master planning efforts.)
I. Authorize Selecting a Land Management and Permitting System Vendor 9 C.
City Council Minutes
June 1, 2023
(The purpose of this item is to Authorize the City Manager to select a land management and permitting system vendor, negotiate a contract for system implementation, and execute a contract with the chosen vendor. The submitted vendor proposals include a range of pricing estimates, with initial one-time implementation costs ranging from $100,000-$650,000 and ongoing costs ranging from $40,000-$140,000 annually.)
J. Sierra Point Landscaping and Lighting District for the Fiscal Year 2023-2024 i. Adopt a Resolution, “Appointing Attorney for the Sierra Point Landscaping and Lighting District for the Fiscal Year 2023-2024.”
ii. Adopt a Resolution, “Appointing Engineer for the Sierra Point Landscaping and Lighting District for the Fiscal Year 2023-2024.”
iii. Adopt a Resolution, “A Resolution of Preliminary Approval of Engineer's Report - Fiscal Year 2023- 2024 - Sierra Point Landscaping and Lighting District”
iv. Adopt a Resolution, “A Resolution of Intention to order the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972 - Fiscal Year 2023-2024 - Sierra Point Landscaping and Lighting District”
Councilmember Mackin made a motion, seconded by Councilmember Lentz to approve Consent Calendar Items C-J. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
PUBLIC HEARING
K. Park Development Impact Fees [PUBLIC HEARING AS TO THIS ITEM CANCELLED] i. Consider Adoption of a Resolution Adopting and approving the NBS Government Finance Group’s Nexus Study
ii. Consider Introduction of an ordinance establishing fees iii. Consider Adoption of a resolution establishing the fees. (At the request of staff, this item has been removed from the agenda and the public hearing items cancelled.)
City Manager Holstine reported that Public Hearing Item K was cancelled. Staff will provide council broader and more general options in the Fall for establishing fees.
Councilmember Lentz commented that staff should also provide an analysis that also includes Park Development Impact fees.
Councilmember Mackin commented that Council should consider community benefits instead of impact fees.
L. Consider Adoption of a Resolution of the Board of Directors of the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority Authorizing the Issuance and Sale of its Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority Lease Revenue Bonds, Series 2023 (Council will consider whether to approve financing of the costs of tenant improvements and related 10 C.
City Council Minutes
June 1, 2023
equipment and furnishings to the building at 25 Park Place leased by the City by means of the issuance of revenue bonds (the “Bonds”) by the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority (the “Authority”) in an aggregate amount not to exceed $5,500,000, payable from the City’s general fund.)
Finance Director Yuen and the City’s Financial Advisor Marty Johnson of JNA Consulting Group presented the proposal based on feedback from the City Council Fiscal and Administrative Policies Subcommittee, is to issue a 20-year bond, sized to provide $5.5 million of net proceeds. The estimated interest rate is 4.45%. The payments on the new debt will be structured with
payment of about $350,000 through FY2025 and then payments of about $430,000 through maturity in FY2043, with an approximate total interest cost of $3.2 million. Based on this structure, the total payments on all issues paid from the General Fund would be approximately $1.3 million from FY2026 to FY2033.
After Council questions for Finance Director Yuen, the City’s Financial Advisor Marty Johnson of JNA Consulting Group and Rick Brandis of Oppenheimer and Company, Mayor Davis opened the public hearing. City Clerk Padilla noted for the record that Council received correspondence from Dana Dillworth regarding 25 Park Place.
Councilmember O’Connell made a motion, seconded by Councilmember Lentz to close the public hearing. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
After some Council discussion, Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to approve the Resolution of the Board of Directors of the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority authorizing the issuance and sale of its Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority Lease Revenue Bonds, Series 2023. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
NEW BUSINESS
M. Consider Approval of Construction Contract for Brisbane Administrative Offices (Assuming that Agenda Item L has been adopted, it is being recommended to award the Brisbane Administrative offices construction contract (Project No. 922A) to Argo Construction, Inc. in the amount of $3,174,000 and authorize the mayor to sign the Agreement on behalf of the City.) City Engineer Breault reported that he was content with the range of bids that were submitted for the construction project for the Brisbane Administrative Offices. 11 C.
City Council Minutes
June 1, 2023
After no public comment and some Council questions and discussion, Councilmember Mackin made a motion, seconded by Councilmember Lentz to approve the Construction Contract for Brisbane Administrative Offices to Argo Construction. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
N. Consider Approval of Construction Management Services for 25 Park Remodel (Assuming that Agenda Items L and M have been adopted/approved, it is being recommended that the Mayor be authorized to sign a Task Order in the amount of $314,104.40 to JMW Consulting Engineers and to also sign a Professional Services Agreement if deemed necessary by the City Attorney) City Engineer Breault reported that the task order in the amount of $314, 104.40 is for JMW Consulting Engineers for Management Services for the 25 Park Remodel. After no public comment and some Council questions and discussion of the importance of a timely and smooth construction, Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to approve the Request for Approval of Construction Management Services for 25 Park Remodel. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
O. Consider Approval of Request for Proposals for Executive Recruitment Services City Manager Holstine reported that he hopes to receive Executive Recruitment Services proposals mid-June and interview top candidates at a special meeting on July 6, 2023.
After no public comment and some Council questions and discussion, Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to approve the Request for Proposals for Executive Recruitment Services. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
STAFF REPORTS
P. City Manager’s Report on Upcoming Activities
12 C.
City Council Minutes
June 1, 2023
City Manager Holstine reported on upcoming activities and the latest City news.
MAYOR AND COUNCIL MATTERS
Q. Countywide Assignments and Subcommittee Reports
Council reported on their subcommittee activities and county assignments since the City Council Meeting of May 18, 2023.
R. Written Communication
Council received written communication from the following members of the public from 5/19-6/1/23 :
• Roland Lebrun (5/25/23) Revised Baylands Specific Plan Notice of EIR Preparation • Clara Johnson (5/26/23) Comments on Revised Notice of Preparation of EIR for the Brisbane Baylands Specific Plan
• Dana Dillworth (5/26/23) Public Comment Baylands Specific Plan • Dana Dillworth (6/1/23) 25 Park Place
ORAL COMMUNICATIONS NO. 2
No members of the public wished to make public comment.
ADJOURNMENT
Mayor Davis adjourned the meeting at 8:50 P.M.
_________________
Ingrid Padilla, City Clerk
13 C.
File Attachments for Item:
D. Approve Minutes of City Council Meeting of June 15, 2023 14 D.
BRISBANE CITY COUNCIL
ACTION MINUTES
CITY COUNCIL MEETING
THURSDAY, JUNE 15, 2023
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
7:30 PM CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Davis called the meeting to order at 7:32 P.M. and led the 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
No Councilmembers made any requests regarding Item A.
Councilmembers Present: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Councilmembers Absent: None
Staff Present: City Manager Holstine, City Attorney McMorrow, City Clerk Padilla, City Engineer Breault, Community Development Director Swiecki, Recreation Director Leek, Finance Director Yuen, Senior Management Analyst Velilla, Communications Director Cheung, Human Resources Administrator Partin, Police Chief Macias, Deputy Fire Chief Johnson, Police Commander Garcia and Administrative Analyst Ibarra
ADOPTION OF AGENDA
Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to approve the agenda as it stands. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
ORAL COMMUNICATION NO. 1
No member of the public wished to make public comment.
15 D.
City Council Minutes
June 15, 2023
AWARDS AND PRESENTATIONS
B. Commending the 8U Little League Champions Brisbane Rattlers Mayor Davis presented 8U Little League Brisbane Rattlers Coach Rob Larson with a commendation for winning the 8U South San Francisco Pony Baseball Little League Championships.
Coach Rob shared a few words of appreciation to his assistant coaches, players and parents for their support and efforts.
C. Proclaiming July 2023 as National Parks and Recreation Month Mayor Davis recognized July 2023 as Park and Recreation Month in the City of Brisbane. Parks and Recreation Director Leek accepted the proclamation and thanked the Council for their support of Parks and Recreation programs.
D. Juneteenth Proclamation
Mayor Davis proclaimed Juneteenth as the day where all Americans were liberated and a day to reflect, learn, and grow as a community. Inclusion, Diversity, Equity and Accountability Committee Member Anna Dennis accepted the proclamation and thanked the Council for observing Juneteenth.
CONSENT CALENDAR
E. Accept Investment Report as of March 2023
F. Accept Investment Report as of April 2023
G. Adopt an Ordinance, Waiving Second Reading, to Amend the Electric Vehicle (EV) Charging Infrastructure Requirements for New Multifamily Residential Development Within the City of Brisbane to Align with the State’s New Minimum Requirements and Finding that this Ordinance Is Categorically Exempt from Environmental Review Under CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment
H. Approve Citywide Yard Sale Co-sponsorship Application I. Approve Contract with Millbrae Community Television (MCTV) for Streaming, Broadcasting, and Station Management Services
(If approved under this new contract, MCTV is requesting a 3% increase on operator costs and live cablecast services while Station Management Services / Service Support costs are unchanged, at $1,646.67 per month.)
Councilmember O’Connell made a motion, seconded by Councilmember Mackin to approve Consent Calendar Items E-I. The motion passed unanimously by all present. 16 D.
City Council Minutes
June 15, 2023
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
OLD BUSINESS
J. Consider Approval of City appointment to the Bay Area Water Supply and Conservation Agency (BAWSCA) and Bay Area Regional Water System Financing Authority (RFA) Boards City Manager Holstine reported that Deputy Director of Public Works - Utilities Jerry Flanagan. After no public comment and Councilmembers’ statements of approval of the candidate, Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to approve Jerry Flanagan as the City appointment to the Bay Area Water Supply and Conservation Agency (BAWSCA) and Bay Area Regional Water System Financing Authority (RFA) Boards. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
NEW BUSINESS
K. Consider Approval of Pilot Program for Expanded Got Wheels! Program (The purpose of this item is to provide Brisbane residents 70 and older with an affordable transportation service. If approved, the City would budget $12,000 in order for more eligible Brisbane residents, roughly 10% of the Brisbane’s population, the ability to receive a membership card) Communications Manager Cheung reported that if approved the City would budget $12,000 to a pilot program for the Expanded Got Wheels! Program. After some clarifying questions with staff and the Peninsula Family Service staff and no public comment, Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to approve a pilot program for Expanded Got Wheels! Program. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
L. Budget Workshop
i. City Manager Introduction to the 2023/24 Budget
ii. Finance Director Overview of the 2023/24 Budget
iii. Department Presentations
17 D.
City Council Minutes
June 15, 2023
-Finance
-Human Resources
-City Manager/City Council/Library
-City Clerk
-Legal
-Fire Department
-Police Department
-Community Development
-Parks and Recreation/Co-sponsorships
-Public Works/Utilities/Marina
-Central Services/Debt
iv. Wrap Up
After City Manager Holstine’s introduction and the Finance Director Yuen’s overview of the 2023/24 Budget, City Council directed staff to continue the budget workshop to the City Council Special Meeting of June 29, 2023 and provide more detail on department line items, comparative information from the last year’s budget, and the latest financial projections.
STAFF REPORTS
P. City Manager’s Report on Upcoming Activities
No report was given by City Manager Holstine.
MAYOR AND COUNCIL MATTERS
Q. Countywide Assignments and Subcommittee Reports
Council reported on their county assignments since the City Council Meeting of June 1, 2023.
R. Written Communication
Council received written communication from the following members of the public from 6/1-6/15/23 :
• Dana Dillworth (6/8/23) Planning Commission Comments
• Nancy Lacsamana (6/14/23) Budget Workshop: Park and Rec Sierra pt and Crocker Trail improvements • Michael Barnes (6/14/23) Please forward to city council re: Budget hearings • Carolyn Monroe (6/15/23) request for funding bicycle features on Crocker Trail ORAL COMMUNICATIONS NO. 2
No members of the public wished to make public comment.
ADJOURNMENT
Mayor Davis adjourned the meeting at 10:13 P.M.
_________________
Ingrid Padilla, City Clerk
18 D.
File Attachments for Item:
E. Approve Annual Military Equipment Report per AB 481
19 E.
AB 481 Page 1 of 5
CITY COUNCIL AGENDA REPORT
Meeting Date: June 29, 2023
From: Lisa Macias, Chief of Police
Subject: Approve the Annual Military Equipment Report per California Assembly Bill 481
Community Goal/Result
Safe Community - Residents and visitors will experience a sense of safety Recommendation:
City Council approve the Annual Military Equipment Report per California Assembly Bill 481.
Background:
On September 30, 2021, Assembly Bill 481 (AB481) was codified in Government Code Sections 7070-7075, requiring the governing body of law enforcement to adopt a “Military Equipment Use:” policy. The Brisbane Police Department presented a policy to the City Council, which was adopted by ordinance on March 3, 2022.
AB481 also requires law enforcement agencies to prepare an annual report containing information for the preceding year. Staff has prepared a Military Equipment Annual Report (Attachment 1) which summarizes the required information including a description of the purpose of the equipment and how it was used; any complaint received; the results of any internal audits; the cost of the equipment possessed, and if the agency intends to acquire additional equipment in the next year.
Discussion:
To meet the requirements of the Report pursuant to AB 481, a review was conducted of the Brisbane Police Department’s military equipment policy. The Brisbane Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use.
During the calendar year of 2022, no complaints related to military equipment were received by the Police Department. The Department conducted an internal audit and determined that there were no violations of the military equipment use policy. No new items of military equipment were acquired in the last year.
20 E.
AB 481 Page 2 of 5
Fiscal Impact:
There is no fiscal impact associated with this action.
Attachments:
Military Equipment Report
Lisa Macias Clay Holstine _________________________________ _______________________________ Lisa Macias, Chief of Police Clay Holstine, City Manager 21 E.
AB 481 Page 3 of 5
Attachment 1
MILITARY EQUIPMENT INVENTORY 2022
Qualifying Equipment / Owned by the Brisbane Police Department:
22 E.
AB 481 Page 4 of 5
Qualifying Equipment known to be owned and/or utilized by law enforcement units with which the Brisbane Police Department collaborates and/or participates for law enforcement purposes 23 E.
AB 481 Page 5 of 5
24 E.
File Attachments for Item:
F. Acknowledge Termination of Drought Stage 1 Requirements 25 F.
Termination of Stage 1 Drought Response Measures Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: June 29, 2023
From: Director of Public Works/City Engineer
Subject: Termination of Stage 1 Drought Response Measures Community Goal/Result
Ecological Sustainability
Purpose
To inform Council and the public of the termination of the requirement to implement local drought stage 1 measures, and to also inform them of ongoing reequipments from the State Water Resources Control Board.
Recommendation
Acknowledge the Director of Public Works/City Engineer’s (Director) determination that Stage 1 Drought response measures are no longer required.
Background
The Director determined on July 15, 2021, that a Stage 1 Drought had been triggered, and that associated response measures should be implemented. (See attached 7/15/21 city Council staff report).
Discussion
Based on the Governor’s Executive Order N-5-23 issued 3/24/23 that terminated the request for a voluntary water use reduction of 15%, and on the San Francisco Public Utilities Commission’s 4/11/23 recission of their local water shortage emergency declaration and the voluntary system-wide water use reduction of 11%, Brisbane Stage 1 drought response measures are no longer required.
On June 5, 2023, the State of California Office of Administrative Law (OAL) approved an emergency regulatory action that continued the State Water Resource Control Board’s (SWRCB) restrictions on the use of potable water for the irrigation of non-functional turf at commercial, industrial, and institutional sites from 6/10/23 to 6/5/24. (see OAL Matter Number 2023-0526- 01)
Additionally, the SWRCB has determined the following activities are prohibited for all Californians until December 2023, and violation of these prohibitions may be treated as infractions:
1 of 4
26 F.
Termination of Stage 1 Drought Response Measures Page 2 of 2 •
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Outdoor watering that lets water run onto sidewalks and other areas (except incidental runoff)
Washing vehicles without an automatic shutoff nozzle
Washing hard surfaces like driveways or sidewalks that don’t absorb water Street cleaning or construction site preparation
Filling decorative fountains, lakes, or ponds without a recirculation pump Outdoor watering within 48 hours after at least 1/4 inch of rainfall Watering decorative grass on public medians
The SWRCB encourages Californians to report potential water waste violations to their local water supplier or to SaveWater.CA.Gov .
The city’s utilities division will send a letter to every hotel and to every customer with a separate irrigation meter that will advise these parties of the continuing requirements applicable to them. Additionally, the City’s Communications Manager will post these requirements per the language in our Water Shortage Contingency Plan.
Fiscal Impact
The ongoing prohibition of watering non-functional turf will continue a reduction in the use of water, which will mean a reduction in the amount of charges assessed against water consumption as billed from water meter reading.
Measure of Success
The implementation of state prohibitions on non-essential water use to ensure sufficient water supplies to meet the basic needs of human consumption, sanitation and fire protection; and to protect the health, safety, welfare and economic vitality of the city’s customers.
Attachments
1. 7/15/21 City Council staff report, “Stage 1 Drought Determination” ___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 2 of 4
27 F.
Stage 1 Drought Determination Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: July 15, 2021
From: Director of Public Works/City Engineer
Subject: Stage 1 Drought Determination
Community Goal/Result: Ecological Sustainability
Purpose
This action will facilitate compliance with requirements promulgated by a governing authority for voluntary reductions during a water shortage, will assure the maximum beneficial use of city water supplies, and will enable implementation of the city’s water drought response measures.
Recommendation
Acknowledge the Director of Public Works/City Engineer’s (Director) determination that a Stage 1 Drought has been triggered, and the associated response measures should be implemented.
Background
Brisbane Municipal Code Chapter 8.41 authorizes the Director to determine when a particular stage of drought response actions should be implemented.
The San Francisco Public Utilities Commission, who own and operate Brisbane’s sole source of water supply, has requested that all of its wholesale customers voluntarily reduce their use of outside (irrigation) water by 10%.
The State Water Resources and Control Board has urged all water systems to encourage customers to conserve water.
California’s Governor has issued a Proclamation of a State of Emergency, which notes the requirements to mitigate effects of the drought on the Sacramento-San Joaquin Delta (amongst other counties and watersheds).
As of the end of June, the U.S. Drought Monitor’s map indicated that San Mateo County is in a state of Extreme Drought.
Discussion
Drought Stage 1 response measures are required, and shall become effective July 20, 2021, and will remain in effect until the effective date of a different drought response stage or until the Director determines that no drought response stages are required. 3 of 4
28 F.
Stage 1 Drought Determination Page 2 of 2
The drought response stage 1 measures listed below are found in the Water Shortage Contingency Plan approved by the Director, and are available on the City’s website:
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Stop washing down paved surfaces, including but not limited to, sidewalks, driveways, parking lots, tennis courts or patios, except when necessary to address an immediate health, safety or sanitation need.
Stop the application of potable water to outdoor landscapes in a manner that causes excessive runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or other hardscapes and structures.
Do not irrigate residential and commercial landscapes between the hours of 9:00 a.m. and 6:00 p.m. or during rain events.
Use a hand-held hose equipped with an automatic shut-off nozzle or bucket to water landscaped areas that are not irrigated by a landscape irrigation system.
Irrigate nursery and commercial grower’s products before 10:00 a.m. and after 6:00 p.m. Watering is permitted at any time with a hand-held hose equipped with an automatic shut-off nozzle, a bucket, or a drip/microirrigation system. Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is permitted at any time.
Use only re-circulated or recycled water to operate ornamental fountains.
Wash vehicles using a bucket, a hand-held hose with an automatic shut-off nozzle, a mobile high pressure/low volume wash system, or at a commercial site that re-circulates (i.e., reclaims) water on-site.
Serve and refill water in restaurants and other food service establishments only upon request.
Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.
Use recycled water for construction purposes, if available.
No new, non-residential water meters may be issued unless the Director determines that such issuance will not impede the City’s compliance with the required water use reductions.
Based on this determination, the city’s utilities division will send a letter to every hotel and to every customer with a separate irrigation meter that will advise these parties of the requirements applicable to them. At this stage of drought response, the city’s enforcement will be reactive, that is, complaint based.
Fiscal Impact
A reduction in the use of water will mean a reduction in the amount of charges assessed against water consumption as billed from water meter reading. The Council’s 2/1/18 decision to implement a Drought Contingency Charge is expected to mitigate these reduced charges so as to not have a detrimental effect on the utility fund.
Measure of Success
A reduction of non-essential water uses that will ensure sufficient water supplies to meet the basic needs of human consumption, sanitation and fire protection; and protect the health, safety, welfare and economic vitality of the city’s customers. ___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 4 of 4
29 F.
File Attachments for Item:
G. Adopt a Resolution Supporting the Central Brisbane Stairway Additions Project and Entering a Funding Agreement with the San Mateo County Transportation Authority for Cycle 6 Pedestrian and Bicycle Program Funding
(It is being recommended to adopt a resolution of support and commitment, also requesting the San Mateo County Transportation Authority (TA) prepare a funding agreement for Cycle 6 Measures A and W Pedestrian and Bicycle Program funding in the amount of $475,000 and approve the supplemental appropriation from the General Fund for the local project match in the amount of $25,000.)
30 G.
Intended Use of FY 2022-23 TDA FundsTA Measures m and W funds TA Measures A and W Ped Bike Program Funds Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: June 29, 2023
From: Karen Kinser, Deputy Director of Public Works
Subject: Intended Use of FY 2022-23 TDA Article 3 Funding Community Goal/Result
(1) Safe Community
(2) Ecological Sustainability
Purpose
To obtain Council’s approval and to adopt the resolution required by the San Mateo County Transportation Authority (TA) as a condition to receive transportation funding from the Cycle 6 Measures A and W Pedestrian and Bicycle Program for three stairway/walkway segments; (completion of design and construction of a stairway from the mid-block of Tulare St. to Santa Clara St., preparation of design of a stairway from Santa Clara St. to Alvarado St., and design of improvements to the unpaved walkway from San Francisco Ave. to Old County Rd.), and to obtain a supplemental appropriation of $25,000 from the General Fund to provide the required local match.
Recommendation
Adopt a resolution of support and commitment, also requesting the San Mateo County Transportation Authority (TA) prepare a funding agreement for Cycle 6 Measures A and W Pedestrian and Bicycle Program funding in the amount of $475,000, and approve the supplemental appropriation from the General Fund for the local project match in the amount of $25,000.
Background
The TA plans, funds and delivers transportation programs and projects throughout the county, by managing the voter-approved Measure A and Measure W sales taxes that generate revenue to help improve transit and relieve congestion. One of the program guidelines requires that the enclosed resolution be adopted by the local agency before they are eligible to receive the aforementioned grant funds. This requirement for TA funds is similar to requirements and corresponding resolutions previously adopted by Council to receive Local Streets and Roads funds, C/CAG Transportation Development Act (TDA) Article 3 funds, SB1 Road Repair and Accountability Act funds and others.
City staff worked with consultants from the grant team at Renne Public Policy Group as well as the TA, to develop a grant application submittal that met the requirements for the Cycle 6 Measures A and W Pedestrian and Bicycle Program funding in the fall of 2022, and the city was successful in receiving funds.
The project will provide for the completion of design and the construction of a concrete walkway from Tulare to Santa Clara, as well as provide design for two walkways, one 31 G.
TA Measures A and W Ped Bike Program Funds Page 2 of 2
from Santa Clara to Alvarado and the other from San Francisco Ave to Old County Rd.
The walkways in each case will be a mixture of steps and flat landings, depending on the steepness of the grade. The walkways will also include a handrail on one side and generally, pathway lighting via bollards.
Fiscal Impact
The three-part project is estimated to cost $500,000. The distribution amount for the City of Brisbane is $475,000, and the requested supplemental appropriation from the General Fund of $25,000 will make up the remainder of funds needed.
Measure of Success
Completion of design of two segments of stairway/walkway and opening of the third segment to competitive bids that will enable the City to select a qualified contractor for its construction.
Attachments
1. Proposed Resolution
___________________________________
Karen Kinser, Deputy Director of Public Works
___________________________________ ___________________________ Randy Breault, Director of Public Works Clay Holstine, City Manager 32 G.
1 RESOLUTION No. 2023- ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
SUPPORTING THE CENTRAL BRISBANE STAIRWAY ADDITIONS PROJECT AND
ENTERING INTO A FUNDING AGREEMENT WITH THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR CYCLE 6 PEDESTRIAN AND BICYCLE
PROGRAM FUNDING
WHEREAS, the City of Brisbane has identified a need for pedestrian-friendly infrastructure, and
WHEREAS, the City of Brisbane has proposed the Central Brisbane Stairway Additions Project to develop a network of stairways will that provide mobility between hillside streets and connectivity to local transit options, and
WHEREAS, it will cost $500,000 to implement the Project scope, and WHEREAS, the City of Brisbane will receive $475,000 in grant funds for the Project, and
WHEREAS, the San Mateo County Transportation Authority (TA) issued a Call for Projects for the Cycle 6 Measures A and W Pedestrian and Bicycle Program on August 4, 2022, and
WHEREAS, the TA requires the Sponsor's governing board to adopt a resolution:
1. Supporting the Project for $475,000 in TA Measures A and W Pedestrian and Bicycle Program funds for Project;
2. Committing the City of Brisbane to the completion of the Project, including the commitment of matching funds in the amount of $25,000 needed for implementation.
3. Certifying that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and
4. Authorizing the City Manager of the City of Brisbane to sign a funding agreement with the TA for the TA Measures A and W Pedestrian and Bicycle Program funding for the Project and to take any other actions necessary to give effect to this resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brisbane 33 G.
2 1. Supports staff’s submittal of an application to the San Mateo County Transportation Authority for Measures A and W Pedestrian and Bicycle Program funds for $475,000 for the Central Brisbane Stairway Additions project.
2. Authorizes the City Manager to execute a funding agreement with the San Mateo County Transportation Authority to encumber TA Measures A and W Pedestrian and Bicycle Program funds;
3. Commits to the completing the Project, including contributing $25,000 of matching funds needed for Project implementation.
4. Certifies that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and
5. Authorizes the Director of Public Works to take any other actions necessary to give effect to this resolution.
_________________________________
Madison Davis, Mayor
I Ingrid Padilla, City Clerk of the City of Brisbane, certify that the foregoing Resolution was introduced at the special meeting of the Brisbane City Council on the 29th day of June 2023, and was adopted thereafter by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Ingrid Padilla, City Clerk
34 G.
File Attachments for Item:
H. Approve Co-Sponsorship Event with San Bruno Mountain Watch for a Celebration for David Schooley
35 H.
Application for Event Cosponsorship Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: June 29, 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 San Bruno Mountain Watch celebration for David Schooley as a cosponsored event.
Background
San Bruno Mountain Watch (SBMW) is a non-profit organization whose mission is to “preserve and protect the native ecosystems of San Bruno Mountain, in perpetuity.” Their programs connect people to nature near where they live and help local communities learn about the importance of biodiversity as they nurture the landscapes of this unique place. San Bruno Mountain Watch emerged from the web of lively grassroots movements dedicated to protecting San Bruno Mountain. Today, they work to preserve open space through advocacy and partnerships with landowners and government officials from the surrounding cities and San Mateo County. Furthermore, the organization leads community-based stewardship programs that protect and care for the mountain's diverse habitats and they provide environmental education opportunities for students of all ages.
Discussion
SBMW is requesting use of the Community Center on July 28, 2023 to host a celebration honoring David Schooley and his contributions to preserving San Bruno Mountain. He played an integral role in the founding of San Bruno Mountain Watch and in educating so many about the mountain. The purpose of the event is to acknowledge his substantial contributions and recognize him for his efforts.
Fiscal Impact
San Bruno Mountain Watch qualifies under the Group II category for recreation facilities indoor use permits. Meeting the Group II requirements of being a resident non-profit with their event open to the general public qualifies them for free use of the facility and waives the deposit requirement.
36 H.
Application for Event Cosponsorship Page 2 of 2
Attachments
1. Cosponsorship Event Application
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Clay Holstine, City Manager 37 H.
CITY oF BRTSsANE, 50 Park Place, Brisbane, CA
415 - 6574320
94005
l. ORGAxtzaTro lNFoR[arro 2. FAcrLtTy
ut\o
*dL
t5*Lgyl,on obal
Facility Requested;
Conact Person:
lf Mission Blue Center, spe.iry room (s)
Day Phone; Costanos Room (Dance Floor)
Evening Phone: Buckeye Room (Carpered Room):
eaaress: 41 { Lupine Room (Corference Room): i9i*aa.rbn *t2,. ?ob ao%x5? city or nesiaence: €€,1 5 bll/t9 Date and Time Requestint to Enter Facility:
zip q4@s 3:3o ?A
Date and Time Requestint to Leave Facilitla
lo:oo PA
3. Event lnformation
o,r., 5ol128r?DA3
-oay
orweet ft.rDAY # of Co-sponsored events this year
Starting Time of Event, 5l?O ?tl LndingTime of Even " 4:OO Pn X Non Profit for Chariq/
-
For Profit Fundraiser for Orqanization Use
Number attendint under l 8 years old:
-
18 - 20 years: _ 2l + years: _
\Mllyou need special sittinE tables, chairs, risers, etc.l Yes or No (please circle) Please explain if yes.
Will event require sound equipmentl lY\41 b.Q- Sound Technician? Will event require theatrical lighting equipmentl-i]O Lighting Technicianl --.[!Q Orgaoization:
Requestint Promotional Support
Will event require promotional supportl rwtbg Ves No lf Yes, what is requestedl 38 H.
5. ALcoHoLtcBEVERAGES,.
Willalcoholic beverages be servedl yes E Notr Soldl yes tr No! lf sellint alcohol, you. group must obtain an Alcoholic Beverage permit Please attach a copy of the pemiL
ABC permits may be obtained fi-om:
The State of Califomia Alcoholic Beverate Conrrol Depa.un€rE 185 Berry Street
$n Francisco, CA 94t 07
4 t5 / 557 - 3660 *full Uquor Liabiliqa lf liquor, beer or wine is available for consumption and money is transacted in any form (i.e. for donation, for a ticket, for a meal, for entry to the event, for the beverage) then tull liquor liability premiums are ;ecess;ry. 5- ADrISSIoN FEES AND SALESI \i/ill there be an admission fee or booth feel:
Will there be sales of novekies or goods?:
Will there be sales of foodt:
NoE AmountotFee: /
Yes D
Yes E NoE
Yes ! NoB
(lf yes, a Permit To Oprare is requir€d by dle Catifornia Heetth and Sa6ty Code. Appticatiois can be obtained frorn tll€ Brisbene furl(s & Recreetion DepaEnent 415 /,t67-6330) Does your group have a City of Brisbane Licenset: yes tr NoE kIEMpT ^9
h SOllC
* Addition.l insuiince is required 6r erdlittitors non-food sales concessionair€6 and bod sales conces.ionaires.
I have r€ed and understand dle Policy and Procedurcs for Eyent Sponsorship and h€reby {ree to cornply with its content I undersand dat hilu.e to observe 6ese retuhtions or city, Stae or Federal hw will resuh in <ancdleriooo{ my -event
and co-' sponsorship stauJs for fu(lre
Applicant's Signarre
39 H.
File Attachments for Item:
I. Adopt Resolutions to Establish the Classifications of Human Resources Director and Police Corporal and Amend the Master Pay Schedule
40 I.
Adopt Resolutions to Establish the Classifications of Human Resources Director and Police Corporal and Amend the Master Pay Schedule Page 1 of 3
CITY COUNCIL AGENDA REPORT
Meeting Date: June 29, 2023
From: Abby Partin, Human Resources Administrator
Subject: Adopt Resolutions to Establish the Classifications of Human Resources Director and Police Corporal and to Amend the Master Pay Schedule Concerning these Classifications and for the Special Assistance Classification.
Community Goal/Result
Fiscally Prudent, Safe Community
Purpose
To ensure the community continues to receive excellent service by retaining and attracting exceptional employees in a financially prudent manner.
Recommendation
Staff recommends the City Council adopt resolutions by approving the following:
• Establish the Human Resources Director and Police Corporal classifications; • Amend the Master Pay Schedule to include these new classifications and to reflect a higher hourly salary for the Special Assistant Classification; and • Add Human Resources Director to Confidential Management and Police Corporal to Brisbane Police Officers Association groups.
Background
With the current and future growth within the organization and the community due to residential, retail, hotel, commercial and biotechnology construction, including the Baylands development; the City Manager has identified the need to formalize and establish the Human Resources Director and Police Corporal classifications, as well as adjusting the Special Assistant salary range to serve as part of the City’s succession planning and retention tool by providing staff a path for professional growth and recognition for high level performance.
Discussion
Due to the recent retirement of the Assistant City Manager, the current Human Resources Administrator absorbed higher-level human resources functions such as Risk Management, taking the lead on both employee relations and labor relations, and serving as the City’s alternate member on the Bay Cities Joint Powers Insurance Authority Board Director. in addition, the Human Resources Administrator oversees various out day to day operations within the Human Resources Department such as department management, policy administration, Safety Program Coordinator, and workers compensation/disability management.
41 I.
Adopt Resolutions to Establish the Classifications of Human Resources Director and Police Corporal and Amend the Master Pay Schedule Page 2 of 3
The proposed Human Resources Director classification will oversee, direct, and participate in all Human Resources Department programs, including the day-to-day operations and both short and long-range planning and budgeting. This classification will coordinate all Human Resources Department activities with other City departments and divisions as well as program planning and operational goals and objectives for the department, and furthering City goals and objectives within general policy guidelines.
The proposed Police Corporal classification will serve as second in command to a Police Sergeant, which currently is classified as Officer-in-Charge, fulfilling supervisory duties during the absence of a Sergeant. The formalized Police Corporal classification will take on administrative duties, maintain, oversee and participate in collateral duties as assigned; complete special projects as well as develop, mentor and coach incoming and line-level Police Officers. As a small organization where promotions are limited, this classification will assist in the retention of the City’s current officers as it provides them the opportunity to develop and be recognized for their hard work and leadership abilities. As the City prepares for the future growth of the Baylands development, the Police Corporal classification will allow the department to be prepared to fill future supervisory positions, as the City hires more personnel.
Staff provided the proposed Human Resources Director and Police Corporal job descriptions to the Confidential Management and Police Officers Association groups, for review as it is proposed to include the classifications into their respective bargaining groups. Neither group had an objection.
After an internal and external compensation review, staff recommends the following salary range for the proposed classifications:
• Human Resources Director: $14,804 - $17,995 monthly ($85.41 - $103.82 per hour) • Police Corporal: $8,965 - $10,897 monthly ($51.72 - $62.87 per hour) The City’s Special Assistant classification encompasses and fulfills a wide array of functions from office clerical to higher, executive level assistance on an as needed basis. With foreseeable future retirements, staff is requesting to adjust the current Special Assistant salary range from $15.50 to $75.00 to $15.50 to $145.00. Staff believes this change at the high end is necessary in order to capture higher, executive level assistance to address the challenge of retaining institutional knowledge on a part-time basis, which will helpful during the Baylands development and addressing departmental specific issues. Having part-time staff with numerous years of experience and expertise will not only allow for a seamless transition of departmental functions, but also provides training opportunities for current employees.
Fiscal Impact
The differential cost at top rates from Human Resources Administrator to Human Resources Director is $35,001 per year, and Police Officer to Police Corporal is $12,470 per year. The full cost of the changes will be incorporated into the ensuing budget year. 42 I.
Adopt Resolutions to Establish the Classifications of Human Resources Director and Police Corporal and Amend the Master Pay Schedule Page 3 of 3
Measure of Success
The City is able to maintain a stable and high quality workforce.
Attachments
Resolution 2023-__
Resolution 2023-__
_________________________ ________________________
Abby Partin, Human Resources Clay Holstine, City Manager Administrator
43 I.
RESOLUTION NO 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE AMENDING RESOLUTION 2001-11 TO INCLUDE THE CLASSIFICATIONS OF
HUMAN RESOURCES DIRECTOR AND POLICE CORPORAL IN THE CLASS
SPECIFICATION MANUAL AND DESIGNATING THESE CLASSIFICATIONS,
RESPECTIVELY, INTO THE CONFIDENTIAL MANAGEMENT AND THE BRISBANE
POLICE OFFICERS ASSOCIATION BARGAINING GROUPS
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 classifications of Human Resources Director and Police Corporal; and
WHEREAS, the class description for Human Resources Director and Police Corporal were developed in cooperation with and have been approved by the City Manager; and
WHEREAS, this newly developed class descriptions for Human Resources Director and Police Corporal meet the requirements established Rule 6.02b of the City of Brisbane Personnel Rules and Regulations for the Class Specification Manual; and WHEREAS, the City Manager has discussed with the Confidential Management bargaining group whether the Human Resources Director classification should be included in that bargaining group and no objection has been received; and WHEREAS, the City Manager has discussed with the Brisbane Police Officers Association whether the Police Corporal classification should be included in that bargaining group and no objection has been received.
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:
Section 1.The class descriptions for the classifications of Human Resources Director and Police Corporal in Exhibit “A” are approved for inclusion in the Class Specification Manual.
Section 2. The Human Resources Director classification is added to the Confidential Management bargaining group and the Police Corporal classification is added to the Brisbane Police Officers Association bargaining group.
Section 3. This resolution shall be effective immediately upon its adoption.
Section 1. Resolution Number 2000-04 i
44 I.
_________________
Madison Davis, Mayor
I hereby certify that the foregoing Resolution No. 2023-XX was duly and regularly adopted at a special meeting of the Brisbane City Council on June 29, 2023, by the following vote:
Ayes:
Noes:
Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
45 I.
CITY OF BRISBANE
HUMAN RESOURCES DIRECTOR
Definition
Plans, directs, coordinates, manages and participates in the activities of the City's Human Resources Department including management of workers, compensation, employee benefits, employee safety, labor relations; employee relations, recruitment, classification and compensation, and city-wide training.
Class Characteristics
This is an executive management classification that oversees, directs, and participates in all Human Resources Department programs, including the day-to-day operations and both short and long-range planning and budgeting. Responsibilities include coordinating the activities of the Human Resources Department with other City departments and divisions and managing the complex and varied functions of the department. The incumbent is accountable for accomplishing program planning and operational goals and objectives for the department, and furthering City goals and objectives within general policy guidelines.
Supervision Received and Exercised
Receives general direction from the City Manager.
Exercises supervision of supervisory/professional and clerical staff.
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:
• Plans, directs, administers, and oversees a wide range of human resources services in compliance with City policy, state and federal regulations; organizes and oversees human resources program areas including recruitment, classification, benefits, labor relations, employee relations, training, wellness program, workplace investigations, and worker’s compensation. • Develops and implements the Human Resources Department goals, objectives, policies and programs in accordance with City policies, goals and objectives. • Develops and makes recommendations to the City Manager, Assistant City Manager, and operating departments regarding the creation, revision, or abolishment of Human Resources rules policies and procedures.
• Prepares, administers, and maintains the Human Resources Department budgets including forecasting future needs as well as monitoring and controlling expenditures. • Develops goals, objectives, and performance measures for the department; assesses the effectiveness of programs and services provided and seeks ways to improve services and programs; advises directors and managers using sound human resources strategies, practices and techniques to solve complex employee and organizational issues.
• Manages and oversees the administration of personnel activities, including hiring, promoting, evaluating, establishing performance standards and reviews, training, and assigning of work responsibilities.
• Provides oversight for City's labor relations functions; interprets labor agreements and other City rules, regulations, policies and procedures; provides analytical and strategic support for labor relations matters; assists in determining proposal costs, serves as a member of the City's negotiation team. • Administers comprehensive employee benefit program, including health insurance, pension and other post-employment benefits; keeps current on trends in the benefits market place and makes recommendations for plan amendments.
Exhibit A
46 I.
Human Resources Director
• Provides management oversight to employee protected leaves, return to work, modified work and reasonable accommodation; ensures compliance with applicable laws, rules, past practices and best practices.
• Oversees the Workers Compensation program and provides oversight to the third-party administrator and City staff; hires and directs investigators and other experts; authorizes settlements; audits claim costs and expenditures.
• Identifies, coordinates and provides Human Resources-related training to city staff, as appropriate. • Researches, analyzes and develops recommendations on a wide range of human resources issues; monitors and analyzes laws and pending legislation which impact City operations; stays current of new trends and innovations in the field of human resources, and continually monitors the City's compliance with federal and state laws and regulations; provides technical assistance as necessary. • Represents the department to outside agencies and organizations; participates in outside community and professional groups and committees.
• Makes presentations to various groups within the City, including City Council and agencies outside the City.
• Serves as a professional staff resource to City managerialstaff. • Prepares and directs the preparation of a variety of written correspondence, reports, policies, procedures, ordinances, requests for proposals, agreements and other written materials. • Monitors changes in laws, regulations and technology that may affect City activities and functions; implements policy and procedural changes as required.
Qualifications
Knowledge of:
• Principles, practices and procedures of human resources management in a public agency including methods and techniques for recruitment, selection, equal employment opportunity, classification, compensation, benefit analysis and administration, employee and labor relations, employee and organizational development, workers’ compensation and safety. • Applicable federal, state, and local laws, regulations, ordinances and codes related to human resources. • Principles and practices of supervision, leadership, motivation, team building, organization, training, and conflict resolution.
• Employee benefits, public sector retirement programs, payroll/HRIS systems, workers compensation, employee relations, negotiations, grievances, discipline, leave of absences, • Communication techniques to include presentations to groups of various sizes in a positive, inclusive and motivational manner.
• Customer service techniques for dealing with employees, often in difficult or confrontational situations.
• English composition, spelling, grammar, vocabulary, and punctuation for both written and oral communications; formats and appropriate terminology for written communications such as business correspondence, policies, procedures, and narrative reports • Standard office procedures, practices, equipment, personal computers, and software. • Principles and techniques of conducting analytical studies, evaluating alternatives and making sound recommendations.
• Basic budgetaryand contract administration practices in a public agency. • Records management principles and practices.
• Techniques for effectively representing the City in contacts with governmental agencies, community groups, employee representatives, and other professional organizations. 47 I.
Human Resources Director
Skill to:
• Operate a variety of office equipment including computers and peripheral equipment.
Ability to:
• Provide accurate interpretations of policies and regulations. • Analyze and evaluate extensive data effectively and objectively and to prepare oral presentations and written reports and recommendations clearly, logically and concisely. • Understand, interpret, explain and apply laws, rules, regulations, memorandum of understandings, policies and procedures.
• Develop and administer department goals, objectives and procedures; identify problems, develop solutions, and implement a plan of action.
• Prepare and administer budgets.
• Prepare clear and concise management reports; conduct complex presentations. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.
• Communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships with those contacted in the course of work. • Prepare a variety of reports and analyses, which are written clearly, concisely, and accurately. • Analyze and interpret a variety of human resources programs. • Analyze issues and make recommendations to resolve administrative and procedural problems. • Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner, and set priorities to meet critical timelines.
• Maintain confidentiality of sensitive information and records. • Assist in developing and implementing goals, objectives, policies, procedures, work standards and internal controls for the department and assigned functional areas. • Effectively representing the departments and the City in meetings with governmental agencies, contractors, applicants and various professional and regulatory organizations. • Use tact, initiative, prudence and independent judgment within general policy and legal guidelines.
Education and Experience: Any combination of 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: Possession of a Bachelor’s degree from an accredited college or university with major course worksin Public Administration,Economics,Business Administration, Political Science, Public Policy, or closely related field. A Master’s degree in Public Administration or Business Administration or other related field is desirable.
Experience: Four to five years of increasingly responsible administrative management experience involving a combination of any of the following: human resources management, policy analysis, study and analysis of management, budget, organizational, and procedural problems and issues preferably in a government agency.
License: Must possess a valid California class C driver’s license and have a satisfactory driving record or have the ability to travel from one location to another to attend meetings.
Working Conditions: Work in a standard office environment, with occasional off-site and/or field assignments. The ability to travel from different sites and locations; drive and/or walk safely to different sites and locations; maintain a safe driving record; maintain a neat, professional and clean 48 I.
Human Resources Director
appearance; work protracted and irregular hours and evening meetings or off-sight work for meeting attendance or participation in specific projects or programs as needed.
Physical Demands: Able to use standard office equipment, including a computer; sit, stand, walk, and maintain sustained posture in a seated or standing positions for prolonged periods of time; vision to read printed materials and a computer screen; hearing and speech to communicate in person, over the telephone, and to make presentations; move 35 pound boxes, files, and materials.
Approved Date: June 29, 2023
Resolution: 2023-
Revised Date:
Resolution:
Bargaining Unit: Confidential Management Group
Resolution: 2023-
Former Titles:
Abolished:
49 I.
CITY OF BRISBANE
POLICE CORPORAL
Definition
Leads and performs a wide variety of law enforcement duties involving crime prevention; protection of life and property and enforcement of all laws; including city ordinances; makes investigations, assists in the preparation of cases and testifies in court; serves in specialized departmental roles as assigned; provides information and assistance to the public.
Class Characteristics
This sworn law enforcement class performs some supervisory assignments found in a municipal police department. The functions of a Police Corporal are similar to that of a Police Officer with additional duties such as being the supervisor of a shift, when a Police Sergeant is absent and perform, related work as required including leading an investigation. This class is distinguished from Police Sergeant in that the latter is the first supervisory level in this sworn class series.
Supervision Received and Exercised
Receives general supervision from the Police Sergeant.
May provide technical and functional oversight of Police Officer and Police Officer Trainees.
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:
• Performs all functions of a police officer assigned to patrol, investigations, or administration. • Patrols assigned areas for the prevention and detection of crime, enforcement of laws, regulations, and ordinances.
• Responds to all calls for service and takes appropriate action. • Acts as a patrol supervisor at crime incidents, disaster scenes and accidents until relieved by a higher-ranking officer.
• Makes arrests, conducts traffic enforcement, prepares cases for trial, and appears in court as a witness.
• Participates in community events.
• Reviews reports written by officers.
• Acts as a shift supervisor/Watch Commander when the sergeant is not available or on another incident.
• Performs the duties of a Field Training Officer which includes: providing direct one on one training to the police officer recruits; completes daily and summary evaluations of recruits in training.
• Attends internal management meetings and provides status reports. • Provides in-service training during quarterly training days. • Develops, mentors and coaches subordinates.
• Completes special projects, as assigned.
Qualifications
Knowledge of:
• Organization, operation rules and regulations of the Police Department. • Principles of the criminal justice system and administration, including traffic control and crime prevention; criminal investigation
50 I.
Police Corporal
• Rules of evidence and laws of arrest and court procedures. • Investigation and identification techniques and equipment. • Courtroom procedures and techniques for testifying.
• Applicable laws, codes, ordinances and court decisions. • Computer applications related to the work.
• Techniques of first aid and CPR.
• Techniques for dealing with and solving the problems presented by a variety of individuals from various socio-economic, cultural and ethnic backgrounds, in person and over the telephone, often when relations may be confrontational or stressed.
Skill to:
• Operate the equipment and vehicles of the department in a safe and responsiblemanner. • Enter information into a computer with sufficient speed and accuracy to perform the work.
Ability to:
• Enforce City and State laws, local ordinances, and traffic regulation. • Conduct in depth investigations of crimes, disturbances, vehicle accidents, public safety hazards.
• Analyze and adopt effective and reasonable courses of action. • Supervise, evaluate, and discipline subordinates.
• Gather, analyze and evaluate facts and evidence and draw sound conclusions. • Prepare accurate reports.
• Obtain valid information from interrogations.
• Direct traffic
• Issue citations and make arrests as required.
• Assist in care and transportation of prisoners.
• Appear in court to present evidence and testimony.
• Operate radio and communication equipment.
• Give information and assistance to the public.
• Maintain effective working relationships with other employees, other public agencies and the general public.
• Make sound, independent decisions in emergency situations.
Education and Experience: Any combination of 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. Additional education at a community college or university level course work in criminal justice and/or a related field is highly desirable.
Experience: Minimum of three (3) years of current full-time sworn police officer experience and successful completion of probation at the time of appointment; and possession of an Intermediate P.O.S.T. Certificate.
License: Must possess a valid California class C driver’s license and have a satisfactory driving record. Must possess a valid Intermediate certificate issued by the California State Commission on Peace Officer Standards and Training (P.O.S.T.) and possess and maintain firearms qualification. 51 I.
Police Corporal
Working Conditions: Must be willing to work evening, night, weekend and holiday shifts, pass a detailed background investigation and work with exposure to difficult circumstances, including exposure to hazardous materials and all-weather conditions.
Physical Demands: Must maintain P.O.S.T. physical standards, including mobility and physical strength and stamina to respond to emergency situations and apprehend suspects, lift and move individuals or objects weighing to 100 pounds; ability to work in a standard office setting and to operate a motor vehicle; vision to maintain firearms qualification, to read printed materials and a computer screen, discern colors and work in a night setting; and hearing and speech to communicate in person and before groups in person and over the telephone and radio.
Approved Date: June 29, 2023
Resolution: 2023-
Revised Date:
Resolution:
Bargaining Unit: Police Officers Assoc.
Resolution: 2023-
Former Titles:
Abolished:
52 I.
RESOLUTION NO 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
ADOPTING MASTER PAY SCHEDULE
FOR ALL EMPLOYEES
WHEREAS, the City of Brisbane contracts with the California Public Employee’s Retirement System (CalPERS) to provide retirement benefits for its employees; and WHEREAS, pursuant to the California Code of Regulations, Title 2, Section 570.5 CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
WHEREAS, the pay schedule must identify the position title for every employee position, pay rate for each position title, and the applicable time base for the pay rate; and WHEREAS, the City Council of the City of Brisbane desires to approve and adopt a publicly available Master Pay Schedule, showing all established employee positions and pay rates, in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5;
WHEREAS,
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:
The Master Pay Schedule as set forth in Exhibit A is approved and is incorporated by reference as though fully set forth herein.
Section 1. Resolution Number 2000-
_________________
Madison Davis, Mayor
I hereby certify that the foregoing Resolution No. 2023-XX was duly and regularly adopted at a special meeting of the Brisbane City Council on June 29, 2023, by the following vote:
Ayes:
Noes:
Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
53 I.
Appendix A
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Accounting Assistant I 26.75$ 28.09$ 29.50$ 30.98$ 32.53$ 1/2/2023 General Employees Non-Exempt Accounting Assistant II 29.45$ 30.93$ 32.48$ 34.09$ 35.80$ 1/2/2023 General Employees Non-Exempt Accounting Systems Analyst 40.44$ 42.57$ 44.70$ 46.93$ 49.28$ 1/2/2023 General Employees Non-Exempt Administrative Assistant 35.39$ 37.16$ 39.01$ 40.96$ 43.01$ 1/2/2023 General Employees Non-Exempt Administrative Management Analyst 45.04$ 47.28$ 49.66$ 52.13$ 54.75$ 1/2/2023 Confidential Employee Exempt Administrative Services Director 90.94$ 95.48$ 100.26$ 105.26$ $ 110.54 1/2/2023 Confidential Management Exempt Assistant Engineer I 41.20$ 43.27$ 45.43$ 47.71$ 50.09$ 1/2/2023 General Employees Non-Exempt Assistant Engineer II 45.33$ 47.58$ 49.97$ 52.46$ 55.09$ 1/2/2023 General Employees Non-Exempt Assistant City Manager $ 104.58 109.80$ 115.30$ 121.05$ $ 127.12 1/2/2023 Confidential Management Exempt Assistant to the City Manager 69.68$ 73.16$ 76.83$ 80.66$ 84.71$ 1/2/2023 Executive Management Exempt Assistant Fire Marshal 78.22$ 82.13$ 86.24$ 90.55$ 95.08$ 1/2/2023 Brisbane Fire Management Exempt Associate Civil Engineer 53.97$ 56.66$ 59.49$ 62.47$ 65.60$ 1/2/2023 Mid-Management/Professional Exempt Associate Planner 47.68$ 50.07$ 52.58$ 55.20$ 57.97$ 1/2/2023 General Employees Non-Exempt Building Permit Technician 36.11$ 37.91$ 39.81$ 41.80$ 43.88$ 4/6/2023 General Employees Non-Exempt Cashier 15.50$ 16.28$ 17.09$ 17.94$ 18.84$ 1/2/2023 Unrepresented Non-Exempt C/CAG Stormwater Program Director 71.29$ 74.86$ 78.60$ 82.54$ 86.66$ 1/2/2023 Mid-Management/Professional Exempt City Clerk 56.39$ 59.21$ 62.17$ 65.29$ 68.54$ 1/2/2023 Executive Management Exempt City Manager -$ -$ -$ -$ -$ $ 142.14 1/2/2023 Unrepresented Exempt Code Enforcement Officer 38.45$ 40.38$ 42.39$ 44.51$ 46.74$ 1/2/2023 General Employees Non-Exempt Communications Digital and Media Coordinator 36.11$ 37.91$ 39.81$ 41.80$ 43.88$ 1/2/2023 General Employees Non-Exempt Communications Manager 52.68$ 55.45$ 58.36$ 61.43$ 64.67$ 1/2/2023 Mid-Management/Professional Exempt Community Development Director 87.94$ 92.34$ 96.96$ 101.81$ $ 106.91 1/2/2023 Executive Management Exempt Community Development Technician 36.11$ 37.91$ 39.81$ 41.80$ 43.88$ 1/2/2023 General Employees Non-Exempt Community Services Officer 31.48$ 33.51$ 35.19$ 36.95$ 38.79$ 1/2/2023 General Employees Non-Exempt Council Member -$ -$ -$ -$ -$ 400.00$ 1/2/2023 Elected Position Crossing Guard 15.50$ 16.28$ 17.09$ 17.94$ 18.84$ 1/2/2023 Unrepresented Non-Exempt Deputy City Clerk/Executive Assistant 42.39$ 44.51$ 46.74$ 49.09$ 51.53$ 1/2/2023 Confidential Exempt Deputy Director of Public Works 79.65$ 83.63$ 87.82$ 92.21$ 96.82$ 1/2/2023 Mid-Management/Professional Exempt Deputy Finance Director 71.29$ 74.86$ 78.60$ 82.54$ 86.66$ 1/2/2023 Mid-Management/Professional Exempt Director of Marina/Aquatics Services 58.37$ 61.29$ 64.36$ 67.58$ 70.95$ 1/2/2023 Executive Management Exempt Engineering Technician 39.72$ 41.71$ 43.79$ 45.96$ 48.28$ 1/2/2023 General Employees Non-Exempt Executive Administrative Assistant 36.68$ 38.50$ 40.43$ 42.46$ 44.58$ 1/2/2023 General Employees Non-Exempt Facility Attendant 18.20$ 19.11$ 20.07$ 21.07$ 22.12$ 1/2/2023 Unrepresented Non-Exempt Finance Director 87.04$ 91.38$ 95.96$ 100.77$ $ 105.78 1/2/2023 Confidential Management Exempt Financial Services Manager 61.58$ 64.65$ 67.89$ 71.29$ 74.86$ 1/2/2023 Mid-Management/Professional Exempt Fire Captain 43.01$ 45.14$ 47.41$ 49.78$ 52.27$ 1/2/2023 IAFF Local 2400 Non-Exempt Fire Prevention Officer 50.38$ 55.67$ 58.45$ 61.36$ 64.43$ 1/2/2023 IAFF Local 2400 Non-Exempt Fire Trainee -$ -$ -$ -$ -$ 25.06$ 1/2/2023 IAFF Local 2400 Non-Exempt Firefighter 35.99$ 37.78$ 39.67$ 41.64$ 43.73$ 1/2/2023 IAFF Local 2400 Non-Exempt Firefighter II 39.59$ 41.56$ 43.64$ 45.81$ 48.10$ 1/2/2023 IAFF Local 2400 Non-Exempt Firefighter/Paramedic 35.99$ 37.78$ 39.67$ 41.64$ 43.73$ 1/2/2023 IAFF Local 2400 Non-Exempt Firefighter/Paramedic II 39.59$ 41.56$ 43.64$ 45.81$ 48.10$ 1/2/2023 IAFF Local 2400 Non-Exempt Geographic Information System Manager 52.68$ 55.45$ 58.36$ 61.43$ 64.67$ 1/2/2023 Mid-Management/Professional Exempt Habitat Restoration Lead Worker -$ -$ -$ -$ -$ 15.50$ 1/2/2023 Unrepresented Non-Exempt Harbormaster 49.66$ 52.13$ 54.74$ 57.48$ 60.36$ 1/2/2023 Mid-Management/Professional Exempt Head Lifeguard 21.82$ 22.92$ 24.06$ 25.28$ 26.53$ 1/2/2023 Unrepresented Non-Exempt History Project Asst 36.94$ 38.79$ 40.72$ 42.75$ 44.90$ 1/2/2023 Unrepresented Non-Exempt Human Resources Administrator 72.75$ 76.39$ 80.21$ 84.22$ 88.43$ 1/2/2023 Confidential Exempt Human Resources Director 85.41$ 89.68$ 94.16$ 98.87$ $ 103.82 6/29/2023 Confidential Management Exempt Human Resources Technician 36.11$ 37.91$ 39.81$ 41.80$ 43.88$ 1/2/2023 General Employees Non-Exempt Information Technology & Systems Administrator 54.29$ 57.00$ 59.85$ 62.85$ 66.00$ 1/2/2023 Mid-Management/Professional Exempt Intern -$ -$ -$ -$ -$ $15.50 - $20.00 1/2/2023 Unrepresented Non-Exempt Lifeguard 16.56$ 17.39$ 18.26$ 19.17$ 20.12$ 1/2/2023 Unrepresented Non-Exempt Management Analyst (Part-time) 40.84$ 42.90$ 45.03$ 47.28$ 49.65$ 1/2/2023 Unrepresented Non-Exempt City of Brisbane Master Pay Schedule
Approved per Resolution No. 2023-
Exhibit A
54 I.
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Marina Maintenance Worker I 30.96$ 32.50$ 34.13$ 35.84$ 37.64$ 1/2/2023 General Employees Non-Exempt Marina Maintenance Worker II 34.05$ 35.75$ 37.54$ 39.41$ 41.38$ 1/2/2023 General Employees Non-Exempt Marina Maintenance Worker I ( Part-time) 31.57$ 33.15$ 34.80$ 36.56$ 38.38$ 1/2/2023 Unrepresented Non-Exempt Marina Maintenance Worker II ( Part-time) 34.71$ 36.48$ 38.27$ 40.17$ 42.21$ 1/2/2023 Unrepresented Non-Exempt Marina Services Director 54.56$ 57.29$ 60.16$ 63.16$ 66.32$ 1/2/2023 Executive Management Exempt Office Assistant 28.38$ 29.75$ 31.24$ 32.80$ 34.45$ 1/2/2023 General Employees Non-Exempt Office Assistant (Part-Time) 28.90$ 30.33$ 31.84$ 33.46$ 35.13$ 1/2/2023 Unrepresented Non-Exempt Office Specialist 33.27$ 34.92$ 36.68$ 38.50$ 40.43$ 1/2/2023 General Employees Non-Exempt Office Specialist (Part-Time) 33.94$ 35.62$ 37.40$ 39.28$ 41.24$ 1/2/2023 Unrepresented Non-Exempt Park/Beach/Recreation Commissioner -$ -$ -$ -$ -$ 100.00$ 1/2/2023 Appointed Position Parks & Recreation Director 83.85$ 88.06$ 92.45$ 97.07$ $ 101.93 1/2/2023 Executive Management Exempt Parks/Facilities Maintenance Worker I 30.96$ 32.50$ 34.13$ 35.84$ 37.64$ 1/2/2023 General Employees Non-Exempt Parks/Facilities Maintenance Worker I (Part-Time) 31.57$ 33.15$ 34.80$ 36.56$ 38.38$ 1/2/2023 Unrepresented Non-Exempt Parks/Facilities Maintenance Worker II 34.05$ 35.75$ 37.54$ 39.41$ 41.38$ 1/2/2023 General Employees Non-Exempt Payroll/Utility Billing Technician 36.11$ 37.91$ 39.81$ 41.80$ 43.88$ 1/2/2023 General Employees Non-Exempt Planning Commissioner -$ -$ -$ -$ -$ 100.00$ 1/2/2023 Appointed Position Police Chief $ 102.63 107.76$ 113.14$ 118.81$ $ 124.73 1/2/2023 Police Chief Exempt Police Commander 92.52$ 97.15$ 102.01$ 107.11$ $ 112.46 1/2/2023 Police Commander Exempt Police Officer 47.02$ 49.37$ 51.84$ 54.43$ 57.16$ 1/2/2023 Brisbane Police Officers Association* Non-Exempt Police Officer - 40 hour shift (Detective/SRO) 49.37$ 51.84$ 54.43$ 57.16$ 60.01$ 1/2/2023 Brisbane Police Officers Association* Non-Exempt Police Corporal 51.72$ 54.31$ 57.03$ 59.88$ 62.87$ 6/29/2023 Brisbane Police Officers Association* Non-Exempt Police Sergeant 56.65$ 59.48$ 62.46$ 65.58$ 68.86$ 1/2/2023 Brisbane Police Officers Association* Non-Exempt Police Trainee -$ -$ -$ -$ -$ 34.80$ 1/2/2023 Unrepresented Non-Exempt Pre-School Teacher 18.31$ 19.24$ 20.19$ 21.22$ 22.28$ 1/2/2023 Unrepresented Non-Exempt Principal Analyst 63.00$ 66.16$ 69.46$ 72.92$ 76.58$ 1/2/2023 Confidential Exempt Principal Planner 67.10$ 70.46$ 73.98$ 77.68$ 81.57$ 1/2/2023 Mid-Management/Professional Exempt Program Manager - SMCWPPP 66.37$ 69.70$ 73.18$ 76.84$ 80.69$ 1/2/2023 Mid-Management/Professional Exempt Public Service Aide 16.29$ 17.12$ 17.96$ 18.85$ 19.81$ 1/2/2023 Unrepresented Non-Exempt Public Works Director/City Engineer $ 102.96 108.11$ 113.50$ 119.19$ $ 125.15 1/2/2023 Executive Management Exempt Public Works Inspector 50.81$ 53.36$ 56.02$ 58.81$ 61.76$ 1/2/2023 General Employees Non-Exempt Public Works Lead Maintenance Worker 40.87$ 42.91$ 45.04$ 47.31$ 49.66$ 1/2/2023 General Employees Non-Exempt Public Works Maintenance Worker I 30.96$ 32.50$ 34.13$ 35.84$ 37.64$ 1/2/2023 General Employees Non-Exempt Public Works Maintenance Worker I (Part-time) 31.57$ 33.15$ 34.80$ 36.56$ 38.38$ 1/2/2023 Unrepresented Non-Exempt Public Works Maintenance Worker II 34.05$ 35.75$ 37.54$ 39.41$ 41.38$ 1/2/2023 General Employees Non-Exempt Public Works Superintendent 66.05$ 69.35$ 72.82$ 76.47$ 80.29$ 1/2/2023 Mid-Management/Professional Exempt Public Works Supervisor 50.48$ 53.01$ 55.66$ 58.44$ 61.37$ 1/2/2023 Mid-Management/Professional Exempt Public Works Team Leader 45.80$ 48.21$ 50.75$ 53.42$ 56.23$ 1/2/2023 Mid-Management/Professional Exempt Receptionist 28.34$ 29.75$ 31.24$ 32.80$ 34.45$ 1/2/2023 General Employees Non-Exempt Receptionist (Part-time) 28.90$ 30.33$ 31.84$ 33.46$ 35.13$ 1/2/2023 Unrepresented Non-Exempt Recreation Leader 18.28$ 19.19$ 20.16$ 21.16$ 22.22$ 1/2/2023 Unrepresented Non-Exempt Recreation Leader Aide 15.50$ 16.28$ 17.09$ 17.94$ 18.84$ 1/2/2023 Unrepresented Non-Exempt Recreation Manager 62.13$ 65.23$ 68.49$ 71.92$ 75.51$ 1/2/2023 Mid-Management/Professional Exempt Recreation Program Coordinator 31.43$ 33.54$ 35.21$ 36.97$ 38.82$ 1/2/2023 General Employees Non-Exempt Recreation Supervisor 45.89$ 48.21$ 50.60$ 53.13$ 55.79$ 1/2/2023 Mid-Management/Professional Exempt Regional Compliance Program Manager 52.68$ 55.45$ 58.36$ 61.43$ 64.67$ 1/2/2023 Mid-Management/Professional Exempt Reserve Police Officer 33.59$ 35.27$ 37.03$ 38.88$ 40.83$ 1/2/2023 Unrepresented Non-Exempt Senior Accounting Assistant 33.36$ 35.04$ 36.78$ 38.63$ 40.54$ 1/2/2023 General Employees Non-Exempt Senior Civil Engineer 66.37$ 69.70$ 73.18$ 76.84$ 80.69$ 1/2/2023 Mid-Management/Professional Exempt Senior Human Resources Analyst 50.32$ 52.83$ 55.48$ 58.25$ 61.16$ 1/2/2023 Confidential Exempt Senior Management Analyst 49.33$ 51.79$ 54.38$ 57.10$ 59.94$ 1/2/2023 Mid-Management/Professional Exempt Senior Planner 56.75$ 59.59$ 62.57$ 65.71$ 68.98$ 1/2/2023 Mid-Management/Professional Exempt Senior Recreation Leader 23.46$ 24.63$ 25.86$ 27.15$ 28.52$ 1/2/2023 Unrepresented Non-Exempt Sustainability Manager 52.68$ 55.45$ 58.36$ 61.43$ 64.67$ 1/2/2023 Mid-Management/Professional Exempt Special Assistant -$ -$ -$ -$ -$ $15.50-$145.00 6/29/2023 Unrepresented Non-Exempt Spe Coun-Maj Dev Pro -$ -$ -$ -$ -$ $ 175.04 1/2/2023 Confidential Management Exempt Swim Instructor 18.06$ 18.97$ 19.92$ 20.92$ 21.97$ 1/2/2023 Unrepresented Non-Exempt Van Driver 16.99$ 17.85$ 18.75$ 19.69$ 20.67$ 1/2/2023 Unrepresented Non-Exempt 55 I.
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Water Quality Technician 34.05$ 35.75$ 37.54$ 39.41$ 41.38$ 1/2/2023 General Employees Non-Exempt 56 I.
File Attachments for Item:
J. Consider Adoption of Resolution establishing the Appropriation Limit for Fiscal Year 2023- 2024
57 J.
Adoption of Resolution for FY22/23 Appropriation Limit
CITY COUNCIL AGENDA REPORT
Meeting Date: June 29, 2023
From: Carolina Yuen, Finance Director
Subject: Adoption of Resolution Establishing Appropriation Limit for Fiscal Year 2023/24
Community Goal/Result
Fiscally Prudent - Brisbane's fiscal vitality will reflect sound decisions which also speak to the values of the community
Purpose
To ensure the City’s taxes are not too great a burden on the Community.
Recommendation
Adopt Resolution establishing the Appropriation Limit for Fiscal Year 2023/24.
Background
Proposition 4 was adopted by California voters in November 1979. This measure codified Article XIII B of the California Constitution, (Government Code 7901). This section specifies that governmental entities must calculate and adopt annually an appropriation limit beginning with fiscal year 1978-79. These limits are also referred to as “Gann Limits” in reference to one of the measures co-authors. The fundamental purpose of the appropriation limit is to keep real perperson government spending under 1978-79 levels, adjusted for inflation, and to measure if the City has revenues that cannot be appropriated because of the limit – meaning the City has “excess revenues.”
In June of 1990, California voters approved Proposition 111, which amended Government Code Section 7901 as it applies to the Appropriation Limit. According to Proposition 111, cities are permitted to adjust their appropriation limit annually by the following two factors:
1. Either the percentage change in the California per capita personal income for the preceding year or the percentage change in the growth of non-residential assessed valuation due to non-residential construction; and
2. Either the percentage change in population of the City or the County.
Attached is the calculation of the appropriation limit as allowed by Proposition 111. 58 J.
Adoption of Resolution for FY22/23 Appropriation Limit
Discussion
The indexes used in calculating the appropriation limit for FY 2023/24 are the percentage change in the California Per Capita Personal Income (4.44%) and the County’s population growth/(reduction) (-.43%), totaling a combined growth rate of 3.99%. The City’s resulting Appropriation Limit is $26,639,230. The tax proceeds expected to be received, including for the Guadalupe Valley Municipal Improvement District, is $19,296,867 or 72.44% of the limit.
Therefore, the City is below the maximum allowable appropriation limit and in compliance with State Law.
Fiscal Impact
There is no financial impact associated with the adoption of this Resolution. The City expects to receive approximately $7,342,363 less in taxes than is allowed under the appropriation limit. If tax proceeds received are determined to exceed the limit, such revenues in excess must be returned to the taxpayers of the City of Brisbane in accordance to the procedures directed by the City Council.
Measure of Success
The City is able to meet the needs of the Community while abiding by the Appropriation (Gann) Limit.
Attachments
Resolution for FY2023/24 Appropriation Limit
Appropriation Limit Calculation for FY 2023/24
Carolina Yuen ___________________________________
Carolina Yuen, Finance Director Clay Holstine, City Manager 59 J.
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 2023/2024 PURSUANT TO ARTICLE XIII B AS AMENDED OF THE
CALIFORNIA STATE CONSTITUTION
WHEREAS, Proposition 4 was approved by the California voters on November 6, 1979, thereby adding Article XIII B of the California State Constitution; and
WHEREAS, on June 4, 1990 the California Voters amended Article XIII B and the California Constitution by approving Proposition 111 which became effective July 1, 1990; and
WHEREAS, it is the desire of the City Council of the City of Brisbane to establish the Appropriation Limit for the Fiscal Year 2023/24 pursuant to Article XIII B as amended of the California State Constitution; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Brisbane hereby finds and determines;
6 1. That during the Fiscal Year 2023/24 the California Per Capita Income (CPCPI) increased by 4.44% and that the Non-Residential Construction growth factor was not available from the County Assessor.
2. That during Fiscal Year 2023/24 the percentage increase in the County of San Mateo and the City of Brisbane population was -0.43% and -0.51% respectively.
3. That the higher percentage shown in 1 and 2 above be applied to determine the appropriation limit for Fiscal Year 2023/24.
4. That the 2023/24 appropriation limit for the City of Brisbane is calculated to be $26,639,230.
5. The 2023/24 budget anticipates tax revenues of $19,296,867, which is $7,342,363 less than the appropriation limit.
BE IT FURTHER RESOLVED THAT any revenues from proceeds of taxes and user fees in excess of costs received during the Fiscal Year 2023/24 over and above the appropriated limit of $26,639,230 must be returned to the taxpayers of the City of Brisbane in accordance with the procedure to be adopted by the City Council of the City of Brisbane when such amount of refund is determined.
________________________
Madison Davis, Mayor
60 J.
I hereby certify that the foregoing Resolution No. 2023-____ was duly and regularly adopted at a meeting of the Brisbane City Council on June 29, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Ingrid Padilla, City Clerk
61 J.
( 1 ) ( 2 ) ( 3 )
% % Change in The
Change Non-Residential Greater
in CPCPI Construction % Change
1 % Change in CPCPI or Non-Residential Construction 4.44% NA 4.44% % Change % Change The
In County In City Higher
Population Population Growth %
2 % Change in County or City Population -0.43% -0.51% -0.43% a Prior year's Appropriation Limit $25,616,884
b Multiply 1+Line 1 by 1+Line 2 103.99%
c Multiply Line (a) by Line (b), and subtract Line (a) $1,022,346 d Add Lines (a), and (c) and enter total here $26,639,230 e APPROPRIATION LIMIT FOR 2023/24 $26,639,230
Estimated tax proceeds as budgeted for fiscal year 2023/24 $19,296,867 Estimated tax proceeds to Limit 72.44%
Estimated Excess Limit Capacity $7,342,363
C A L C U L A T I O N S
CITY OF BRISBANE
COMPUTATION OF APPROPRIATION LIMIT
FOR FISCAL YEAR 2023/24
62 J.
File Attachments for Item:
K. Continued Budget Workshop
(This item is being continued from the City Council Meeting of June 15, 2023.) 63 K.
Overview of Proposed Budget for FY2023/24 Page 1 of 4
CITY COUNCIL AGENDA REPORT
Meeting Date: June 29, 2023
From: Carolina Yuen
Subject: Overview of Proposed Budget for Fiscal Year 2023/24 Continued
Community Goal/Result
Fiscally Prudent – Brisbane’s fiscal vitality will reflect sound decisions which also speak to the values of the community
Purpose
To provide a fiscal plan which provides flexibility to City Council and staff to provide for services to the Community during a time of unknown economic circumstances while planning for the long-term recovery.
Recommendation
It is recommended that the City Council receive a general overview and department presentations of the proposed Budget for Fiscal Year (FY) 2023/24 and consider for approval later in this City Council meeting.
Background
For several years, the City has adopted two-year budgets. Most recently the FY2020-22 biennial budget was approved on June 4th, 2020, adopting Resolution 2020-23. Subsequently, the City and local economy were in the midst of the impact of COVID-19, other volatile economic conditions, and City staff were implementing a new Priority Based Budgeting software program for the next year. The City Manager therefore proposed a one-year budget covering the period of July 1, 2022, through June 30, 2023 (FY2022/23) which was approved on June 16, 2022. The City Manager is proposing another one-year budget covering the period of July 1, 2023 through June 30, 2024 (FY2023/24) with the intention of returning to a biennial budget schedule starting the subsequent fiscal year.
On June 15, 2023, Staff presented an overview of the proposed FY2023/24 Budget to the City Council. Staff also initiated Departmental budgets for review. Council requested additional comparative information be included for the budget review and continued the Budget Workshop for June 29, 2023.
Discussion
The City’s budget document contains revenues, appropriations, and other financial information pertaining to all City operating budgets. The Capital Improvement Plan is not included, as it is usually reviewed during the off-years of the biennial budget cycle and will therefore be revisited at a later period. The City’s budget goal is to achieve a balanced budget with 64 K.
Overview of Proposed Budget for FY2023/24 Page 2 of 4
revenues, including reimbursements or transfer from other funds for services provided, equal to or greater than expenditures. At times, the City can plan for revenues to be less than expenses, and therefore the budget is balanced by using its available resources or Fund Balance.
Budgetary control is maintained at the Department/Program level. The City Manager may approve transfer of appropriation from one program, activity, or line item within or across departments. Total appropriation within a fund may be increased by the City Manager up to $200,000. Anything exceeding this threshold can only be increased with Council approval.
Departments monitor and control budgets using the City’s financial system, through reports of revenue and expenditure accounts. The financial system monitors expenditures down to the line-item level. The Council is provided with a mid-year financial status report that reflects year-to-date expenditures and revenues compared to budget.
On June 15, 2023, Staff presented an overview of the proposed FY2023/24 Budget to the City Council. Staff also initiated Departmental budgets for review. Council requested additional comparative information be included for the budget review and continued the Budget Workshop for June 29, 2023.
The presentation tonight will focus on the departments in the General Fund which support the City’s main operations, funded by a variety of taxes, program fees and service charges.
Information will also be presented for departments in the Utility Fund and the Marina Fund which are proprietary funds (business-type activities) that are funded primarily through user charges.
For FY2023/24, staff projects that revenues will increase from the current year by approximately $451,000 from current year’s expected results to a total of $26,696,000. Overall Expenses from the General Fund are expected to total $28,599,000, which is an increase of $3,026,000. Therefore, staff recommends the use of available resources as required to meet the established programs and initiatives.
A copy of the June 15, 2023 staff report is included for reference. There is one change in staff’s recommendation to the net use of funds expected in FY2023/24. Instead of accessing the Recession Reserve, we are recommending the use of the Fluctuation Reserve to cover the net use.
Fund Balance:
The net use of Fund Balance for FY2023/24 is anticipated to be $1,904,000 (difference between revenues and expenditures). As part of the Mid-Year Budget Review, staff identified the ending fund balance for FY2022/23 is expected to be $15,871,000, where a portion is restricted for existing debt, contract commitments, and encumbrances, leaving an unrestricted and available amount of $880,000 which we recommend be used in FY2023/24. 65 K.
Overview of Proposed Budget for FY2023/24 Page 3 of 4
Over the past decade the City has built up its reserves to be able to continue to provide necessary services during times of economic stress. The City Council has looked at a threepronged reserve policy:
• Recession Reserve – To be used during times of national economic downturns, set at $2.5 million.
• Emergency Reserve for Unanticipated Events – To be used during times of local events which increases the City’s need to spend or decreases the City’s ability to collect anticipated revenues, set at $3.5 million.
• Annual Fluctuation Reserve – To be used for one-time events which either increase expenditures or decreases revenues, set at 5% of Budgeted Revenues plus 5% of Budgeted Expenses. For FY2023/24, the expected amount based on the proposed budget is $2,765,000.
The City’s reserve policy has resulted in a healthy fund balance and the City fared well through the COVID-19 event, increase in fuel and supply costs, and recent volatile markets. However, building activity within the City continues to grow and programs have not slowed down.
Although historically the City has earned more than projected and spent less than budgeted, Staff recommends tapping into the Annual Fluctuation Reserve to meet the objectives outlined above if necessary.
Based on the recent actual results and budgeted projects, staff anticipates the available reserves as shown below if these reserves are used:
Financial stability remains a high priority for the City of Brisbane. Staff looks forward to working with the Council and the community to address the financial challenges that lie ahead.
Staff will continue to seek ways to provide services to the community as efficiently as possible.
The City will continue to consider appropriate economic development and tax revenue generation projects that are viable for our City.
Fiscal Impact
There are no fiscal implications to receive this report. Recommendations related to the FY2023/24 Budget will be presented later in this City Council meeting.
Reserve Actual
6/30/2021
Actual
6/30/2022
Projected
6/30/2023
Projected
6/30/2024
Recession Reserve $2,500,000 $164,000 $2,500,000 $2,500,000 Emergency Reserve $3,500,000 $3,500,000 $3,500,000 $3,500,000 Annual Fluctuation Reserve $2,504,000 $2,438,000 $2,591,000 $ 861,000 66 K.
Overview of Proposed Budget for FY2023/24 Page 4 of 4
Measure of Success
Council will accept proposed budget for additional review and consider for approval later in this City Council meeting.
Attachments
Attachment 1 Budget Overview Summary
Attachment 2 Copy of June 15, 2023 Budget Overview Staff Report Attachment 3 Proposed Department Expenses
Carolina Yuen ___________________________________
Carolina Yuen, Finance Director Clay Holstine, City Manager 67 K.
FY21/22 FY22/23 FY23/24
Budgeted Revenue 20,212,958 21,816,001 26,695,707
Budgeted Expenses 22,593,103 25,013,662 28,599,443
Anticipated Surplus (Use of Fund Balance) (2,380,145) (3,197,661) (1,903,736) Actual / Anticipated Revenues 23,211,199 26,244,277 26,695,707 Actual / Anticipated Expenses, net of transfers 25,547,047 * 25,573,882 28,599,443 Actual / Reprojected Surplus (Use of Fund Balance) (2,335,848) 670,395 (1,903,736) Beginning Fund Balance 17,536,138 15,200,290 15,870,685 Ending Fund Balance 15,200,290 15,870,685 13,966,949
Reserve Policy:
Recession Reserve 2,500,000 2,500,000 2,500,000
Unanticipated Events 3,500,000 3,500,000 3,500,000
Annual Fluctuation (5% Revenues/5% Expenses) 2,437,912 2,590,908 2,764,757 Total Required Reserve 8,437,912 8,590,908 8,764,757
Fund Balance Above Required Balance 6,762,378 7,279,777 5,202,191 Additional Restrictions on Fund Balance 5,818,773 6,400,000 6,400,000 Available Fund Balance 943,605 879,777 (1,197,809)
* includes one-time proceeds from long term debt
General Fund
Attachment 1
68 K.
Overview of Proposed Budget for FY2023/24 Page 1 of 5
CITY COUNCIL AGENDA REPORT
Meeting Date: June 15, 2023
From: Carolina Yuen
Subject: Overview of Proposed Budget for Fiscal Year 2023/24 Community Goal/Result
Fiscally Prudent – Brisbane’s fiscal vitality will reflect sound decisions which also speak to the values of the community
Purpose
To provide a fiscal plan which provides flexibility to City Council and the Community to provide for services during the time of unknown economic circumstances while planning for the longterm recovery.
Recommendation
It is recommended that the City Council receive a general overview and department presentations of the proposed Budget for Fiscal Year (FY) 2023/24 and consider for approval at the next City Council meeting scheduled for June 29, 2023.
Background
For several years, the City has adopted two-year budgets. Most recently the FY2020-22 biennial budget was approved on June 4th, 2020, adopting Resolution 2020-23. Subsequently, the City and local economy were in the midst of the impact of COVID-19, other volatile economic conditions, and City staff were implementing a new Priority Based Budgeting software program for the next year. The City Manager therefore proposed a one-year budget covering the period of July 1, 2022, through June 30, 2023 (FY2022/23) which was approved on June 16, 2022. The City Manager is proposing another one-year budget covering the period of July 1, 2023 through June 30, 2024 (FY2023/24) with the intention of returning to a biennial budget schedule starting the subsequent fiscal year.
Discussion
The City’s budget document contains revenues, appropriations, and other financial information pertaining to all City operating budgets. The Capital Improvement Plan is not included, as it is usually reviewed during the off-years of the biennial budget cycle and will therefore be revisited at a later period. The City’s budget goal is to achieve a balanced budget with revenues, including reimbursements or transfer from other funds for services provided, equal to or greater than expenditures. At times, the City can plan for revenues to be less than expenses, and therefore the budget is balanced by using its available resources or Fund Balance.
Attachment 2
69 K.
Overview of Proposed Budget for FY2023/24 Page 2 of 5
Budgetary control is maintained at the Department/Program level. The City Manager may approve transfer of appropriation from one program, activity, or line item within or across departments. Total appropriation within a fund may be increased by the City Manager up to $200,000. Anything exceeding this threshold can only be increased with Council approval.
Departments monitor and control budgets using the City’s financial system, through reports of revenue and expenditure accounts. The financial system monitors expenditures down to the line-item level. The Council is provided with a mid-year financial status report that reflects year-to-date expenditures and revenues compared to budget.
The presentation tonight will focus on the General Fund which supports the City’s main operations, funded by a variety of taxes, program fees and service charges. Information will also be presented for two proprietary funds (business-type activities) that are funded primarily through user charges -- the Utility Fund and the Marina Fund.
General Fund Revenues:
For FY2023/24, staff is projecting that revenues will increase from the current year by approximately $451,000 from current year’s expected results.
The City expects Property Taxes, Sales Taxes and Transient Occupancy Tax (TOT) to grow over the current year. Sierra Point construction continues to positively impact our property taxes which remain strong overall. Sales Taxes are expected to continue to increase from current year, and FY2023/24 will usher in a full year of the newly enacted Transaction and Use Sales Tax. Although we are projecting an increase in Transient Occupancy Tax (TOT) by $90,000 to $1.9 million, this revenue source is still projected to be well below our pre-COVID-19 average of $3 million as the hotel sector has not fully recovered. Business License revenue had several catch-up payments in FY2023, so we are expecting a drop, but FY2023/24 will also provide a full year of the new business license tax on hotels, raising our Business License revenue to $5,283,000. Offsetting these increases are an expected decrease in program service fees of approximately $1,163,000 as FY2023/24 most likely will lead to a reduction in building and permitting fees, and our expected decrease in Other Revenues by approximately $385,000.
Major
Revenue
Source
Actual
FY2020/21
mid COVID19
Actual
FY2021/22
Recovery
Projected
FY2022/23
Recovery
Projected
FY2023/24
Property Tax $5,513,000 $5,242,000 $5,562,000 $5,6001,000 Sales Tax $7,652,000 $5,792,000 $6,366,000 $7,942,000
TOT $850,000 $1,653,000 $1,812,000 $1,902,000
Business License $4,582,000 $4,348,000 $5,698,000 $5,283,000 70 K.
Overview of Proposed Budget for FY2023/24 Page 3 of 5
General Fund Expenses:
Considering the revenues are growing slightly, staff is making the following recommendations regarding expenses:
• Continue to provide necessary services for FY2023/24
• Normal operations resumed in FY2021/22 and therefore open positions should continue to be actively filled. Include position levels that make room for career path advancements within certain departments to minimize turnover • Proceed with the City Hall expansion project and tenant improvements at the leased property located at 25 Park Place
• Proceed with the Building Permitting system approved in prior year as part of the organization-wide technology project
• Delay funding pension reserves until year-end results are known, except for savings as a result of paying the required Unfunded Liability amount as charged by CalPERS in lump sum instead of monthly payments
With these considerations, overall Expenses from the General Fund are expected to total $28,599,000. Therefore, staff recommends the use of available resources as required to meet the established programs and initiatives.
Fund Balance:
The net use of Fund Balance for FY2023/24 is therefore anticipated to be $1,904,000 (difference between revenues and expenditures). As part of the Mid-Year Budget Review, staff identified the ending fund balance for FY2022/23 is expected to be $15,871,000, where a portion is restricted for existing debt, contract commitments, and encumbrances, leaving an unrestricted and available amount of $880,000 which we recommend be used in FY2023/24.
Over the past decade the City has built up its reserves to be able to continue to provide necessary services during times of economic stress. The City Council has looked at a threepronged reserve policy:
• Recession Reserve – To be used during times of national economic downturns, set at $2.5 million.
• Emergency Reserve for Unanticipated Events – To be used during times of local events which increases the City’s need to spend or decreases the City’s ability to collect anticipated revenues, set at $3.5 million.
• Annual Fluctuation Reserve – To be used for one-time events which either increase expenditures or decreases revenues, set at 5% of Budgeted Revenues plus 5% of Budgeted Expenses.
71 K.
Overview of Proposed Budget for FY2023/24 Page 4 of 5
The City’s reserve policy has resulted in a healthy fund balance and the City fared well through the COVID-19 event, increase in fuel costs, supply-chain shortages, and recent volatile markets.
However, building activity within the City continues to grow and programs have not slowed down. Although historically the City has earned more than projected and spent less than budgeted, Staff recommends tapping into the Recession Reserve to meet the objectives outlined above if necessary.
Based on the recent actual results and budgeted projects, staff anticipates the available reserves as shown below if these reserves are used:
The above projections are based on conservative estimates due to uncertainties in the local, national and global economy and markets.
Other Considerations and Budget Threats:
As the City continues to fully financially recover from local economy slowdowns, there are some long-term financial implications to consider:
• The City Manager announced his retirement for late 2023. There are recruitment costs incorporated in the budget, but delays in hire may add unforeseen transitional costs. • The City completed labor negotiations with all bargaining groups in late December. To encourage retention and attract quality candidates for open positions, the contract was extended to a fourth year and included new incentives which are reflected in the proposed budget.
• The tenant improvements to the property located at 25 Park Place will commence in 2023 and are expected to be completed in mid-2024. Funding is being sought to cover the costs that are expected to be as high as $5,000,000. • PERS rates – in July 2021, CalPERS announced their investment return for FY2020-21 was 21.3% which triggered a reduction in their discount rate from 7% to 6.8%. In November 2021, the CalPERS Board voted to maintain the 6.8% discount rate target for its investment portfolio. This discount rate is the long-term interest rate used to fund future pension benefits. The less earned by the CalPERS investment portfolio, the more the City must cover to fund the pension liability, also known as the unfunded liability.
Reserve Actual
6/30/2021
Actual
6/30/2022
Projected
6/30/2023
Projected
6/30/2024
Recession Reserve $2,500,000 $164,000 $2,500,000 $596,000 Emergency Reserve $3,500,000 $3,500,000 $3,500,000 $3,500,000 Annual Reserve $2,504,000 $2,438,000 $2,591,000 $2,765,000 72 K.
Overview of Proposed Budget for FY2023/24 Page 5 of 5
• Pension Trust Fund Reserves – Staff recommends resuming funding this in FY2023/24.
The goal was to reach $5M which would cover two years’ worth of our unfunded liability payment. With the anticipated growth in our Unfunded Liability payment, staff will recommend this Trust Fund grow accordingly as well. At a minimum any savings from a prepayment of the annual cost versus monthly payments should be considered for transfer to the Pension Trust. Resuming annual funding would be at $500,000 for the next ten years.
• Healthcare, Liability Insurance and Workers’ Compensation costs have been rising in recent years. Any additional increases will need to immediately be implemented. • The two new taxes will be implemented for a full year in FY2023/24 but it is too soon to tell if the initial projections will be on target. The proposed budget includes the original projections of $2 million for Transaction and Use Sales Tax and $250,000 for the Hotel Business License Tax.
Any one or combination of these items will continue to have impacts on our ability to begin new programs going forward and add stress to our bottom line.
Financial stability remains a high priority for the City of Brisbane. Staff looks forward to working with the Council and the community to address the financial challenges that lay ahead.
Staff will continue to seek ways to as efficient as possible in providing services to the community. The City will continue to consider appropriate economic development and tax revenue generation projects that are viable for our City.
Fiscal Impact
There are no fiscal implications to receive this report. Recommendations related to the FY2023/24 Budget will be presented at a future City Council meeting.
Measure of Success
Council will accept proposed budget for additional review and consider for approval at future meeting.
Attachments
Attachment 1 Budget Overview Summary
Attachment 2 Proposed Department Expenses
Carolina Yuen ___________________________________
Carolina Yuen, Finance Director Clay Holstine, City Manager 73 K.
Attachment 3
Department Budgets
FY2023/24
Cost Center Name General Fund Utilities Marina SPLLD NPDES TOTAL 1000 - City Council $307,940
2100 - City Manager $1,548,140
2110 - City Clerk $420,306
2111 - Co-Sponsorships $25,894
2112 - Open Space $530,663
2200 - Finance $1,676,968
2210 - Human Resources $851,613
2300 - Legal $450,000
3000 - Community Development $2,721,664
4101 - Police Administration $1,037,697
4110 - Police Records $841,570
4120 - Patrol $4,470,024
4501 - Fire $4,914,324
6001 - Public Works Admin $761,764
6005 - Streets and Storm Drains $1,034,745
6010 - Building and Grounds $401,220
6015 - Parks Maintenance $268,732
6020 - Landscape Maintenance $211,058
6035 - SPLLD $493,380
6110 - Water $2,264,342
6115 - Water Quality Monitoring $115,972
6120 - GVMID $2,084,559
6130 - Sewer $2,344,650
6140 - NPDES $446,581
6300 - Emergency Operations Ctr $157,307
7001 - P&R Administration $770,918
7002 - Recreation Facilities $427,488
7003 - Youth $822,886
7004 - Adult $79,933
7005 - Seniors $147,167
7006 - Special Events $128,277
7007 - Teens $90,676
7008 - Aquatics $601,915
7009 - Marina $1,379,195
7100 - Library $70,600
8001 - Central Svcs Administration $1,273,291
9015 - Debt Service $1,209,663
Grand Total 28,254,443 6,809,523 1,379,195 493,380 446,581 37,383,122 (30,455.00)
Transfers
LIRA at 25% 45,000 45,000
Vehicle Replacement 300,000 60,289 16,158 376,447
Indirect Costs 1,567,823 380,769 174,547 135,796 2,258,936 Admin Fee 180,000 180,000
Total Outlay 28,599,443 8,437,635 1,956,122 667,927 582,377 40,243,505 1 74
K.
Overall Budget -
Administration includes:
City Council 1%
City Manager 5%
City Clerk 1%
Finance 6%
Human Resources 3%
Legal 2%
19%
General Fund Department Breakdown
$28,254,443
Admin
19%
Comm Dev
10%
Police
Fire 22%
17%
Park &
Recreation
11%
Public Works
12%
Library
0%
Central Svcs
5%
Debt Svc
4%
2 75
K.
Department Background
Department/Division: 1000 City Council
Mission Statement –
Overall Budget
Number of Positions 5 Council Members; 1 Part-time
Areas Covered City Policy, Special Events, History Project The City Council serves as the public policy-making body for the community. Five representatives are elected by the citizenry to set goals, establish priorities, enact laws, and make budgetary and other decisions on behalf of the community. $307,940
3 76
K.
General Fund
Fund 100
Department/Division: 1000 City Council
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 201,115 205,140 4,026 2%
Total Salaries & Benefits 201,115 205,140 4,026 2%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance - - -
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships - - -
52025 Office Expense 6,400 6,400 - 0%
52030 Professional Services - 35,000 35,000
52035 Equipment Rental - -
52045 Special Department Expense 47,700 47,700 - 0%
52050 Small Tools & Supplies - -
52055 Travel & Training 13,700 13,700 - 0%
52060 Utilities - -
Total Services & Supplies 67,800 102,800 35,000 52%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 268,915 $ 307,940 $ 39,026 15%
4 77
K.
City of Brisbane
FY24 Budget Requests
Department/Division: 1000 City Council
Request Description FY24 cost Purpose
Professional Services 35,000 Potential Ceremonial Events 35,000
5 78
K.
General Fund
Fund 100
Department/Division: 1000 City Council
Costs by Program
Program
Program
$$
Program
%%
004.0000 City Council/Commission Support 212,104 69
005.0000 Citizen Engagement 53,903 18
004.0001 Council Events 32,433 10
006.0000 Workforce Development 9,500 3
307,940
6 79
K.
Department Background
Department/Division: 2100 City Manager
Mission Statement –
Overall Budget
Number of Positions 6 - Full time
Areas Covered
It is the mission of the City Manager's Department to provide leadership and administrative direction for the implementation of the policies and the accomplishment of the objectives set forth by the City Council. We will recruit and retain quality employees, and maintain and provide informational services to citizens and departments in a timely and effective manner. $1,548,140
City Administration, Communications, Economic
Development, Risk Management
7 80
K.
General Fund
Fund 100
Department/Division: 2100 City Manager
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 1,117,376 1,438,070 320,695 29%
Total Salaries & Benefits 1,117,376 1,438,070 320,695 29%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance 100 100 - 0%
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships 3,460 3,460 - 0%
52025 Office Expense 4,000 4,000 - 0%
52030 Professional Services 50,000 62,500 12,500 25%
52035 Equipment Rental - -
52045 Special Department Expense 15,000 36,000 21,000 140% 52050 Small Tools & Supplies - -
52055 Travel & Training 3,010 4,010 1,000 33%
52060 Utilities -
Total Services & Supplies 75,570 110,070 34,500 46%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 1,192,946 $ 1,548,140 $ 355,195 30%
8 81
K.
City of Brisbane
FY24 Budget Requests
Department/Division: 2100 City Manager
Request Description FY24 cost Purpose
Staffing 20,000 Net increase for transfer of Asst City Manager (3/4 of position) from other departments (vacant for half of year)
Staffing 34,301 Staffing upgrade to Assistant to City Manager for succession planning and retention opportunities
Staffing cost 216,324 Senior Management Analyst hired in early 2023 Staffing cost 46,024 Allocation increase for Workers Comp & Gen Liability Professional Services 12,500 EPIC Professional Dev & Coordination Special Dept Exp 20,000 Innovations Committee and Projects; transferred from Central Svcs Training 1,000 Increase for new City Manager
Pending Got Wheels! Contribution
350,149
9 82
K.
General Fund
Fund 100
Department/Division: 2100 City Manager
Costs by Program
Program
Program
$$
Program
%%
001.0000 Administration 427,515 28
004.0000 City Council/Commission Support 258,444 17
001.0008 City Manager Support 252,546 16
005.0005 City Manager's Weekly Update 120,432 8
005.0000 Citizen Engagement 115,983 8
005.0009 City-Administered Social Media Accounts 88,233 6 260.0000 Economic Development 75,435 5
006.0000 Workforce Development 49,405 3
430.0000 Public Education 40,734 3
005.0007 City Website 34,363 2
005.0017 STAR Newsletter 33,970 2
180.0001 Buzz Internal Newsletter 21,690 1
Other Programs <1% 29,389 2
1,548,140
10 83
K.
Department Background
Department/Division: 2110 City Clerk
Mission Statement –
Overall Budget
Number of Positions Full Time; 1 Part-time 1
Areas Covered
It is the mission of the City Clerk’s Office to help engage the community in local government and promote openness in government by processing and recording City Council actions, coordinating municipal government elections, and managing all official records of the Council promptly and efficiently. $420,306
Council Support, Agenda Administration, Records
Management
11 84
K.
General Fund
Fund 100
Department/Division: 2110 City Clerk
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 328,883 344,181 15,299 5%
Total Salaries & Benefits 328,883 344,181 15,299 5%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance 225 225 - 0%
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships 1,100 1,100 - 0%
52025 Office Expense 9,900 12,900 3,000 30%
52030 Professional Services - - -
52035 Equipment Rental - -
52045 Special Department Expense 56,301 51,300 (5,001) -9% 52050 Small Tools & Supplies - -
52055 Travel & Training 8,600 10,600 2,000 23%
52060 Utilities - -
Total Services & Supplies 76,126 76,125 (1) 0%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 405,009 $ 420,306 $ 15,298 4%
12 85
K.
City of Brisbane
FY24 Budget Requests
Department/Division: 2110 City Clerk
Request Description FY24 cost Purpose
Staffing cost 15,000 Full year of Office Assistant and fully allocated to City Clerk Training 1,000 Increase in cost for travel
16,000
13 86
K.
General Fund
Fund 100
Department/Division: 2110 City Clerk
Costs by Program
Program
Program
$$
Program
%%
004.0000 City Council/Commission Support 152,779 36
250.0000 Records Management 93,317 22
001.0004 City Clerk Support 37,980 9
005.0012 Elections 33,632 8
005.0018 Notary Services 15,533 4
005.0019 Special Events 15,533 4
001.0003 City Attorney and Legal Counsel Administrative Support 12,434 3 001.0009 Supporting City Clerk Network 12,434 3
006.0003 Summer Internship Program 12,434 3
150.0003 Liability Claims, Car Claims, and Certificate of Insurance 12,434 3 250.0001 Records Search for Public Records requests and Staff 12,434 3 006.0000 Workforce Development 7,398 2
001.0000 Administration 1,966 <1%
420,306
14 87
K.
General Fund
Fund 100
Department/Division: 2111 Co-Sponsorships
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS - -
Total Salaries & Benefits - - -
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance - - -
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships - - -
52025 Office Expense - -
52030 Professional Services 17,571 17,571 - 0%
52035 Equipment Rental - - -
52045 Special Department Expense 8,323 8,323 - 0%
52050 Small Tools & Supplies - - -
52055 Travel & Training - - -
52060 Utilities - - -
52900 Contributions - - -
Total Services & Supplies 25,894 25,894 -
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 25,894 $ 25,894 -$
15 88
K.
Department Background
Department/Division: 2200 Finance
Mission Statement –
Overall Budget
Number of Positions 7 Full Time
Areas Covered
Finance delivers reliable financial and information technology services. We are responsible for facilitating the planning, organization, implementation, control, coordination, and direction of the financial and technological policies and programs of the City, as established by City Council and the City Manager. $1,676,968
Accounting, Financial Management, Budget, Audit,
Cashiering, Billing, Payables, Payroll, Treasury
Management, Business Licenses, Information Services, Risk Management
16 89
K.
General Fund
Fund 100
Department/Division: 2200 Finance
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 1,399,265 1,427,383 28,118 2%
Total Salaries & Benefits 1,399,265 1,427,383 28,118 2%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications 2,800 2,800 - 0%
52010 Equipment Maintenance - -
52015 Maint. Structures/Improvement.Grounds - -
52020 Memberships 1,640 1,640 - 0%
52025 Office Expense 9,300 9,300 - 0%
52030 Professional Services 160,880 188,880 28,000 17%
52035 Equipment Rental - - -
52045 Special Department Expense 17,675 17,675 - 0%
52050 Small Tools & Supplies - -
52055 Travel & Training 25,090 29,290 4,200 17%
52060 Utilities - -
Total Services & Supplies 217,385 249,585 32,200 15%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 1,616,650 $ 1,676,968 $ 60,318 4%
17 90
K.
City of Brisbane
FY24 Budget Requests
Department/Division: 2200 Finance
Request Description FY24 cost Purpose
Staffing 7,000 Increase of Office staff to full-time
Staffing 35,000 Upgrade of Accounting staff for succession planning and retention opportunities
Staffing (31,715) Moved 1/4 Assistant City Manager to City Manager Division Staffing 9,823 Allocation increase for Workers Comp & Gen Liability Professional Svc 17,380 Implementation of new Business License software Professional Svc 13,000 Implementation of Budget Transparency & Compliance software Professional Svc (10,000) Transfer of Short Term Rental Compliance to Planning Professional Svc 5,000 Renewal of Contract Management & GASB Compliance software Professional Svc 2,500 Actuarial Study for OPEB programs (audit requirement) Training 4,200 Increase in cost for travel and training for new employees 52,188
18 91
K.
General Fund
Fund 100
Department/Division: 2200 Finance
Costs by Program
Program
Program
$$
Program
%%
110.0000 Accounting 838,064 50
140.0000 Computer System 248,016 15
160.0003 Payroll processing 171,027 10
130.0002 Cashiering and Payment Receipt Processing 148,930 9 110.0001 Accounts Payable Processing and Maintenance 84,955 5 110.0003 Annual External Audit 58,565 3
006.0000 Workforce Development 34,582 2
120.0000 Forecasting and Budgeting 30,654 2
Programs <1% 62,176 4
1,676,968
19 92
K.
Department Background
Department/Division: 2210 Human Resources
Mission Statement –
Overall Budget
Number of Positions 3 full-time, 1 part-time
Areas Covered Human Resources
The City of Brisbane prides itself on being an employee-oriented organization, which emphasizes our desire to “provide for today and prepare for tomorrow.” As we continue to serve current and future generations, we aim to use the city’s mission statement as a guide for our human resources-related processes. As the Human Resources team, we are committed to providing excellent customer service and supporting the needs of our staff and community. We will uphold our unified commitment to serving others and ensure that our employees, $851,613
20 93
K.
General Fund
Fund 100
Department/Division: 2210 Human Resources
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 680,087 732,273 52,186 8%
Total Salaries & Benefits 680,087 732,273 52,186 8%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance - - -
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships 1,440 1,440 - 0%
52025 Office Expense 4,200 4,200 - 0%
52030 Professional Services 32,500 79,000 46,500 143%
52035 Equipment Rental - -
52045 Special Department Expense 6,750 8,500 1,750 26%
52050 Small Tools & Supplies - - -
52055 Travel & Training 26,200 26,200 - 0%
52060 Utilities - -
Total Services & Supplies 71,090 119,340 48,250 68%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 751,177 $ 851,613 $ 100,436 13%
21 94
K.
City of Brisbane
FY24 Budget Requests
Department/Division: 2210 Human Resources
Request Description FY24 cost Purpose
Staffing 62,000 Staffing upgrade positions for succession planning and retention opportunities
Staffing (31,715) Moved 1/4 Assistant City Manager to City Manager Division
Staffing cost 19,375 Allocation increase for Workers Comp & Gen Liability
Professional Svs 33,000 Org-wide Safety Program
Professional Svs 12,500 EPIC Professional Dev & Coordination - 50% of allocation for staff DEI training
Special Department Exp 1,500 Health and Wellness Program increase for wellness activities to employees; employee
engagement tool
96,660
Staff Report Dept v2 FY24 HR.xlsx
22 95
K.
General Fund
Fund 100
Department/Division: 2210 Human Resources
Costs by Program
Program
Program
$$
Program
%%
006.0000 Workforce Development 96,269 11
170.0002 Workers Comp Administration 93,658 11
170.0000 Safety 92,519 11
180.0000 Employee/Labor Relations 79,619 9
180.0006 Employment Policy and Procedure Administration 65,869 8 180.0004 Employee Grievance Investigations and Response 65,769 8 180.0003 Labor Relations Negotiations 59,519 7
180.0002 Hiring & Applicant Tracking System 40,798 5
160.0001 Employee Benefits Administration 36,898 4
006.0005 Employee Performance Evaluation Coordination and Support 36,798 4 180.0005 New Employee On Boarding and Orientation 36,798 4 150.0000 Risk Management 33,506 4
160.0000 Compensation and Benefits 33,406 4
160.0002 Classification and Compensation 33,406 4
006.0002 Employee Development Training 28,772 3
001.0000 Administration 18,008 2
851,613
23 96
K.
Department Background
Department/Division: 2300 Legal
Mission Statement –
Overall Budget
Number of Positions None – Contracted Services
Areas Covered
Provide the City Council, Commissions, Committees , and City Staff with the best available legal information related to the topics brought up in front of each. We do this in order for the public to know what issues are being deliberated by the Council, Commissions, and Committees and to ensure that decisions are made in the best interest of the Community.
$450,000
Contract Reviews, Resolutions, Ordinances, Litigation
24 97
K.
General Fund
Fund 100
Department/Division: 2300 Legal
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS - -
Total Salaries & Benefits - - -
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance - -
52015 Maint. Structures/Improvement.Grounds - -
52020 Memberships - -
52025 Office Expense - -
52030 Professional Services 450,000 450,000 - 0%
52035 Equipment Rental - -
52045 Special Department Expense - -
52050 Small Tools & Supplies - -
52055 Travel & Training - -
52060 Utilities - -
52300 Contributions - -
Total Services & Supplies 450,000 450,000 - 0%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 450,000 $ 450,000 -$ 0%
25 98
K.
Department Background
Department/Division: 3000 Community Development
Mission Statement –
Overall Budget
Number of Positions 7 Full-time (6 current + 1 open)
Areas Covered Planning Services, Building Development, Housing $2,721,664
The Department of Community Development is committed to assist the Citizens of Brisbane, the Planning Commission and the City Council to develop and maintain community goals in regard to quality of life and the built environment by applying its professional and technical skills to the analysis of complex issues and by overseeing private and public development projects. 26 99
K.
General Fund
Fund 100
Department/Division: 3000 Community Development
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 1,338,429 1,572,524 234,095 17%
Total Salaries & Benefits 1,338,429 1,572,524 234,095 17%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance - 1,540 1,540
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships - - -
52025 Office Expense 5,560 5,560 - 0%
52030 Professional Services 209,480 1,115,880 906,400 433% 52035 Equipment Rental - - -
52045 Special Department Expense 66,700 4,160 (62,540) -94% 52050 Small Tools & Supplies - - -
52055 Travel & Training 7,000 22,000 15,000 214%
52060 Utilities - - -
Total Services & Supplies 288,740 1,149,140 860,400 298% OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 1,627,169 $ 2,721,664 $ 1,094,495 67%
27 100
K.
City of Brisbane
FY24 Budget Requests
Department/Division: 3000 Community Development
Request Description FY24 cost Purpose
Staff: New Building Tech Position 135,550 Previously requested as part of Technology Project
Staff: Upgrade currently underfilled
Principal Planner
18,000 Retention opportunities
Staffing cost allocation increase 36,000 Workers Comp & Gen Liability Prof Svcs: E-permitting 650,000 Operations part of Technology Project; $500K already approved
Prof Svcs: B of A/ Parkside Planning Program 150,000 Planning program Prof Svcs: NCRO-2 ODDs 50,000 Planning Program
Prof Svcs: Safety Element Update 40,000 General Plan Update Prof Svcs: Granicus ST Rental compliance 11,000 Transfer from Finance budget CEQA Training 7,000 Operations
1,097,550
Staff Report Dept v2 FY24 CD.xlsx
28 101
K.
General Fund
Fund 100
Department/Division: 3000 Community Development
Costs by Program
Program
Program
$$
Program
%%
210.0000 Building Permitting 556,190 20
230.0001 City-Initiated Planning Programs and Projects 367,379 14 220.0000 Processing of Private Plannng Applications and Environmental Reviews 320,939 12 004.0000 City Council/Commission Support 203,571 8
240.0001 Enterprise Support 152,433 6
005.0000 Citizen Engagement 149,299 5
001.0000 Administration 142,183 5
430.0000 Public Education 118,897 4
250.0000 Records Management 116,467 4
430.0002 Public Information 116,422 4
240.0000 Regional Planning/Coordination 114,964 4
230.0001 Housing 101,625 4
570.0001 New Development Stormwater Regulation Compliance 96,348 4 210.0002 Building Construction Inspection 86,943 3
006.0000 Workforce Development 78,005 3
29 102
K.
Department Background
Department/Division: Police
Mission Statement –
Overall Budget
Number of Positions 21 Full-time
Areas Covered
It is the mission of the men and women of the Brisbane Police Department, working in Partnership with the Community, to provide highly effective and responsive police services, which protect individual rights, respect community values, and enhance professional ethics. We welcome the challenge to meet the present demands and prepare for the future while preserving the unique environment of the community we serve.
$6,349,291
Patrol, Investigative Services, Traffic Enforcement, Parking Enforcement, Records Management, Code Enforcement
Administration
16%
Records
13%
Patrol
71%
30 103
K.
General Fund
Fund 100
Department/Division: 4101 Police Administration
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 978,443 1,017,523 39,080 4%
Total Salaries & Benefits 978,443 1,017,523 39,080 4%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance 320 320 - 0%
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships 530 1,530 1,000 189%
52025 Office Expense 944 944 - 0%
52030 Professional Services - -
52035 Equipment Rental - -
52045 Special Department Expense 27,310 - (27,310) -100% 52050 Small Tools & Supplies 320 320 - 0%
52055 Travel & Training 3,610 3,610 - 0%
52060 Utilities - - -
Total Services & Supplies 33,034 6,724 (26,310) -80%
OTHER
53010 Improvements - -
53030 Equipment - 13,450 13,450
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - 13,450 13,450
TOTAL BUDGET $ 1,011,477 $ 1,037,697 $ 26,220 3%
31 104
K.
General Fund
Fund 100
Department/Division: 4110 Police Records
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 426,624 333,397 (93,227) -22%
Total Salaries & Benefits 426,624 333,397 (93,227) -22%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications 27,120 27,120 - 0%
52010 Equipment Maintenance 2,238 2,238 - 0%
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships 260 260 - 0%
52025 Office Expense 2,550 2,550 - 0%
52030 Professional Services 323,165 323,165 - 0%
52035 Equipment Rental - -
52045 Special Department Expense - -
52050 Small Tools & Supplies - - -
52055 Travel & Training 7,840 7,840 - 0%
52060 Utilities - - -
Total Services & Supplies 363,173 363,173 - 0%
OTHER
53010 Improvements - -
53030 Equipment - 145,000 145,000
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - 145,000 145,000
TOTAL BUDGET $ 789,797 $ 841,570 $ 51,773 7%
32 105
K.
General Fund
Fund 100
Department/Division: 4120 Patrol
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 3,339,662 3,781,814 442,152 13%
Total Salaries & Benefits 3,339,662 3,781,814 442,152 13%
SERVICES AND SUPPLIES
52001 Safety Clothing 21,650 21,650 - 0%
52005 Communications - - -
52010 Equipment Maintenance 77,890 77,890 - 0%
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships 570 570 - 0%
52025 Office Expense 3,890 3,890 - 0%
52030 Professional Services 131,730 131,730 - 0%
52035 Equipment Rental - 27,500 27,500
52045 Special Department Expense 29,620 296,620 267,000 901% 52050 Small Tools & Supplies 520 520 - 0%
52055 Travel & Training 25,640 25,740 100 0%
52060 Utilities - - -
Total Services & Supplies 291,510 586,110 294,600 101%
OTHER
53010 Improvements - -
53030 Equipment 24,000 102,100 78,100 325%
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other 24,000 102,100 78,100 325%
TOTAL BUDGET $ 3,655,172 $ 4,470,024 $ 814,852 22%
33 106
K.
City of Brisbane
FY24 Budget Requests
Department/Division: Police
Request Description FY24 cost Purpose
Admin - Server Upgrade $13,450.00 One-time for end of life on server Records - Infrastructure upgrade for encryption $145,000 One-time for AG mandate encryption Patrol:
Staffing $32,726 Increase Officer to Corporal (1 per shift) for Development/Retention
Staffing cost allocation increase 249,840 Promotions, Workers Comp, Gen Liability Staffing transfer 155,000 Move Code Enforcement from Records to Patrol
Flock ALPR's annual rental cost $27,500 Annual lease for Investigations Turbo Data Auto Cite software $17,000 Annual lease for Uploads cites into RMS Overtime $250,000 Not budgeted in previous year
SWAT/Day/Night Vision Binoculars $11,500 One-time County SWAT Commitment In-Car Camera Replacement-Axon $31,800 Annual lease for Replacements due to wear/tear
Handgun replacement $19,500 One-time for Wear/Tear Replacement Rifles for motors/training rifles $11,800 One-time for Wear/Tear Replacement Active Shooter kits for each vehicle $3,500 One-time Safety plates for officers Total Patrol $810,166
34 107
K.
General Fund
Fund 100
Department/Division: 4101 Police Administration
Costs by Program
Program Program $$
Program
%%
001.0007 Department Management 132,468 13
001.0006 Professional Services 118,669 11
320.0000 Investigations 113,845 11
006.0000 Workforce Development 111,401 11
250.0000 Records Management 109,534 11
430.0000 Public Education 108,502 10
330.0002 Canine Engagement 103,315 10
005.0000 Citizen Engagement 102,645 10
330.0000 Patrol Services 96,918 9
330.0004 Code Enforcement 40,399 4
General Fund
Fund 100
Department/Division: 4110 Police Records
Costs by Program
Program Program $$
Program
%%
001.0006 Professional Services 408,102 48
001.0007 Department Management 104,464 12
330.0000 Patrol Services 88,287 10
250.0000 Records Management 68,575 8
006.0000 Workforce Development 48,178 6
005.0000 Citizen Engagement 47,154 6
535.0000 Emergency Response 43,500 5
350.0000 Traffic Enforcement 33,310 4
35 108
K.
General Fund
Fund 100
Department/Division: 4120 Patrol
Costs by Program
Program Program $$
Program
%%
330.0000 Patrol Services 2,193,633 49
320.0000 Investigations 538,157 12
350.0000 Traffic Enforcement 456,360 10
005.0000 Citizen Engagement 329,134 7
006.0000 Workforce Development 282,612 6
430.0000 Public Education 275,526 6
535.0000 Emergency Response 166,116 4
250.0000 Records Management 111,768 3
330.0001 Animal Services 59,000 1
Other Programs <1% 57,719 1
36 109
K.
Department Background
Department/Division: 4501 Fire
Mission Statement –
Overall Budget
Number of Positions 14 Full-time
Areas Covered
Be Kind. Always prepared. Care for others.
$4,914,324
Fire Response, Medical Response, Fire Code Compliance,
Administration, Personnel Training, Public Education and Community Outreach
37 110
K.
General Fund
Fund 100
Department/Division: 4501 Fire
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 3,570,451 3,541,557 (28,894) -1%
Total Salaries & Benefits 3,570,451 3,541,557 (28,894) -1%
SERVICES AND SUPPLIES
52001 Safety Clothing 18,190 21,790 3,600 20%
52005 Communications 32,870 37,670 4,800 15%
52010 Equipment Maintenance 117,350 117,350 - 0%
52015 Maint. Structures/Improvement.Grounds 39,750 39,750 - 0% 52020 Memberships 1,900 1,900 - 0%
52025 Office Expense 2,500 7,650 5,150 206%
52030 Professional Services 501,400 501,400 - 0%
52035 Equipment Rental - -
52045 Special Department Expense 44,382 564,677 520,295 1172% 52050 Small Tools & Supplies 5,150 5,150 - 0%
52055 Travel & Training 18,000 18,000 - 0%
52060 Utilities 17,430 17,430 - 0%
Total Services & Supplies 798,922 1,332,767 533,845 67% OTHER
53010 Improvements - -
53030 Equipment - - -
53040 Sinking Fund Equipment 40,000 40,000 - 0%
54010 Administrative Charges - - -
54025 Indirect Costs - - -
55961 Transfers to Other Funds - -
Total Other 40,000 40,000 - 0%
TOTAL BUDGET $ 4,409,373 4,914,324 $ 504,951 11%
38 111
K.
City of Brisbane
FY24 Budget Requests
Department/Division: 4501 Fire
Request Description FY24 cost Purpose
Staffing cost allocation increase Workers Comp & Gen Liability increase offset by retirement
Portable Radio Equipment 88,873 To pay with Sinking Fund Structural Turnout Gear Replacement 81,422 To pay with Sinking Fund Overtime 350,000 Was not budgeted in FY23
520,295
Staff Report Dept v2 FY24 Fire.xlsx
39 112
K.
General Fund
Fund 100
Department/Division: 4501 Fire
Costs by Program
Program Program $$
Program
%%
535.0001 Emergency Medical Paramedic Response 1,955,389 40% 001.0000 Administration 923,096 19%
535.0002 Public Assist Incident Response 684,916 14%
006.0000 Workforce Development 473,558 10%
410.0000 Fire and Life Safety Code Compliance & Inspections 429,973 9% 535.0011 All Other Incident Response 224,795 5%
535.0005 Fire Incident Response 210,572 4%
430.0001 Emergency Preparedness Outreach and Training 12,025 <1% 4,914,324
40 113
K.
Department Background
Department/Division: Public Works & Utilities
Mission Statement –
Overall Budget
Number of Positions 22 Full-time, 1 Part-time
Areas Covered
$11,114,973
Mission Statement - To provide overall management of the Engineering and Operations & Maintenance Divisions, and the implemenatation of department objectives to sustain and enhance the quality of life within the City of Brisbane by providing safe, well-maintained public infrastructure and facilities.
Building and Grounds Maintenance, Landscape Maintenance, Sustainability, Emergency Operations Center, Water Service, Wastewater Service, Street & Storm Drain Maintenance,
NPDES, GVMID
PW
Administration
7% Sustainability
5%
Streets &
Storms
9%
Building &
Grounds
4% Parks
Maintenance
Landscape 2%
Maintenance
2%
SPLLD
5%
Water Service
20% Water Quality
1%
GVMID
19%
Wastewater
Service
21%
NPDES
4%
Emergency
Operations
1%
41 114
K.
General Fund
Fund 100
Department/Division: 6001 Public Works Administration
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 706,861 732,149 25,288 4%
Total Salaries & Benefits 706,861 732,149 25,288 4%
SERVICES AND SUPPLIES
52001 Safety Clothing 500 500 - 0%
52005 Communications 1,600 1,600 - 0%
52010 Equipment Maintenance 4,425 4,425 - 0%
52015 Maint. Structures/Improvement.Grounds - - - 0%
52020 Memberships 940 940 - 0%
52025 Office Expense 6,900 6,900 - 0%
52030 Professional Services 5,000 5,000 - 0%
52035 Equipment Rental 3,500 3,500 - 0%
52045 Special Department Expense 2,900 2,900 - 0%
52050 Small Tools & Supplies - - 0%
52055 Travel & Training 3,850 3,850 - 0%
52060 Utilities - - 0%
Total Services & Supplies 29,615 29,615 - 0%
OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs - - - 0%
55961 Transfers to Other Funds - - - 0%
Total Other - - - 0%
TOTAL BUDGET 736,476 761,764 25,288 3%
42 115
K.
General Fund
Fund 100
Department/Division: 2112 Open Space
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 274,969 321,413 46,444 17%
Total Salaries & Benefits 274,969 321,413 46,444 17%
SERVICES AND SUPPLIES
52001 Safety Clothing - - - 0%
52005 Communications - - - 0%
52010 Equipment Maintenance - - 0%
52015 Maint. Structures/Improvement.Grounds - - - 0%
52020 Memberships - 5,250 5,250 0%
52025 Office Expense 500 500 - 0%
52030 Professional Services 40,000 40,000 - 0%
52035 Equipment Rental - - - 0%
52045 Special Department Expense 128,000 154,500 26,500 21% 52050 Small Tools & Supplies - - - 0%
52055 Travel & Training 2,500 2,500 - 0%
52060 Utilities 6,500 6,500 - 0%
Total Services & Supplies 177,500 209,250 31,750 18%
OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs - - - 0%
55961 Transfers to Other Funds - - - 0%
Total Other - - - 0%
TOTAL BUDGET 452,469 530,663 58,250 13%
43 116
K.
General Fund
Fund 100
Department/Division: 6005 Streets & Storms
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 449,947 533,095 83,148 18%
Total Salaries & Benefits 449,947 533,095 83,148 18%
SERVICES AND SUPPLIES
52001 Safety Clothing 800 800 - 0%
52005 Communications 1,650 1,650 - 0%
52010 Equipment Maintenance 7,100 7,100 - 0%
52015 Maint. Structures/Improvement.Grounds 84,900 104,900 20,000 24% 52020 Memberships 620 620 - 0%
52025 Office Expense 1,280 1,280 - 0%
52030 Professional Services 130,200 160,200 30,000 23%
52035 Equipment Rental 1,200 1,200 - 0%
52045 Special Department Expense 238,400 222,400 (16,000) -7% 52050 Small Tools & Supplies 300 300 - 0%
52055 Travel & Training 1,200 1,200 - 0%
52060 Utilities - - 0%
Total Services & Supplies 467,650 501,650 34,000 7%
OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs - - - 0%
55961 Transfers to Other Funds - - - 0%
Total Other - - - 0%
TOTAL BUDGET 917,597 1,034,745 117,148 13%
44 117
K.
General Fund
Fund 100
Department/Division: 6010 Building & Grounds
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 202,065 226,570 24,505 12%
Total Salaries & Benefits 202,065 226,570 24,505 12%
SERVICES AND SUPPLIES
52001 Safety Clothing 1,800 1,800 - 0%
52005 Communications 2,750 2,750 - 0%
52010 Equipment Maintenance 4,500 10,500 6,000 133%
52015 Maint. Structures/Improvement.Grounds 42,600 57,900 15,300 36% 52020 Memberships - - - 0%
52025 Office Expense 200 200 - 0%
52030 Professional Services 71,100 84,400 13,300 19%
52035 Equipment Rental - - - 0%
52045 Special Department Expense 15,000 15,000 - 0%
52050 Small Tools & Supplies 2,100 2,100 - 0%
52055 Travel & Training - - - 0%
52060 Utilities - - - 0%
Total Services & Supplies 140,050 174,650 34,600 25%
OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs - - - 0%
55961 Transfers to Other Funds - - - 0%
Total Other - - - 0%
TOTAL BUDGET 342,115 401,220 59,105 17%
45 118
K.
General Fund
Fund 100
Department/Division: 6015 Parks Maintenance
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 339,395 198,975 (140,420) -41%
Total Salaries & Benefits 339,395 198,975 (140,420) -41%
SERVICES AND SUPPLIES
52001 Safety Clothing 1,450 1,450 - 0%
52005 Communications 1,500 1,500 - 0%
52010 Equipment Maintenance 4,300 4,300 - 0%
52015 Maint. Structures/Improvement.Grounds 27,660 27,660 - 0% 52020 Memberships 200 200 - 0%
52025 Office Expense - - - 0%
52030 Professional Services 9,900 9,900 - 0%
52035 Equipment Rental 3,500 3,499 (1) 0%
52045 Special Department Expense 73,000 18,000 (55,000) -75% 52050 Small Tools & Supplies 3,040 3,040 - 0%
52055 Travel & Training - 208 208 100%
52060 Utilities - - - 0%
Total Services & Supplies 124,550 69,757 (54,793) -44%
OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs - - - 0%
55961 Transfers to Other Funds - - - 0%
Total Other - - - 0%
TOTAL BUDGET 463,945 268,732 (195,213) -42%
46 119
K.
General Fund
Fund 100
Department/Division: 6020 Landscape Maintenance
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 188,247 50,008 (138,239) -276%
Total Salaries & Benefits 188,247 50,008 (138,239) -73%
SERVICES AND SUPPLIES
52001 Safety Clothing - 350 350 100%
52005 Communications - 250 250 100%
52010 Equipment Maintenance - 3,100 3,100 100%
52015 Maint. Structures/Improvement.Grounds - 10,400 10,400 100% 52020 Memberships - 300 300 100%
52025 Office Expense - - 0%
52030 Professional Services - 144,400 144,400 100%
52035 Equipment Rental - 1,000 1,000 100%
52045 Special Department Expense - - - 0%
52050 Small Tools & Supplies - 1,000 1,000 100%
52055 Travel & Training - 250 250 100%
52060 Utilities - - 0%
Total Services & Supplies - 161,050 161,050 100%
OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs - - - 0%
55961 Transfers to Other Funds - - - 0%
Total Other - - - 0%
TOTAL BUDGET 188,247 211,058 22,811 12%
47 120
K.
Sierra Point Light & Landscape District Fund
Fund 210
Department/Division: 6035 Sierra Point Light & Landscape District 2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 23,794 116,230 92,436 388%
Total Salaries & Benefits 23,794 116,230 92,436 388%
SERVICES AND SUPPLIES
52001 Safety Clothing 330 330 - 0%
52005 Communications 300 300 - 0%
52010 Equipment Maintenance 1,350 1,500 150 11%
52015 Maint. Structures/Improvement.Grounds 76,000 76,000 - 0% 52020 Memberships 150 200 50 33%
52025 Office Expense 201 251 50 25%
52030 Professional Services 123,300 138,000 14,700 12%
52035 Equipment Rental - - - 0%
52045 Special Department Expense - 80,269 80,269 0%
52050 Small Tools & Supplies 200 200 - 0%
52055 Travel & Training 100 100 - 0%
52060 Utilities 200,000 80,000 (120,000) -60%
Total Services & Supplies 401,931 377,150 (24,781) -6%
OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs 122,082 174,547 52,465 43%
55961 Transfers to Other Funds - - - 0%
Total Other 122,082 174,547 52,465 43%
TOTAL BUDGET 547,807 842,474 120,120 22%
48 121
K.
Utilities Fund
Fund 540
Department/Division: 6110 Water
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 533,024 876,484 343,460 64%
Total Salaries & Benefits 533,024 876,484 343,460 64%
SERVICES AND SUPPLIES
52001 Safety Clothing 2,550 2,550 - 0%
52005 Communications 4,450 4,450 - 0%
52010 Equipment Maintenance 11,400 11,400 - 0%
52015 Maint. Structures/Improvement.Grounds 63,563 63,563 - 0% 52020 Memberships 37,085 53,443 16,358 44%
52025 Office Expense 20,704 20,704 - 0%
52030 Professional Services 68,120 210,620 142,500 209% 52035 Equipment Rental - - - 0%
52045 Special Department Expense 51,500 71,500 20,000 39% 52050 Small Tools & Supplies 7,387 7,387 - 0%
52055 Travel & Training 3,241 3,241 - 0%
52060 Utilities 22,000 22,000 - 0%
52065 Water Purchases 917,000 917,000 - 0%
Total Services & Supplies 1,209,000 1,387,858 178,858 15% OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs 346,290 556,871 - 0%
55961 Transfers to Other Funds - 20,096 - 0%
Total Other 346,290 576,967 - 0%
TOTAL BUDGET 2,088,314 2,841,309 752,995 36%
49 122
K.
Utilities Fund
Fund 540
Department/Division: 6115 Water Quality Monitoring
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 28,832 55,972 27,140 94%
Total Salaries & Benefits 28,832 55,972 27,140 94%
SERVICES AND SUPPLIES
52001 Safety Clothing - - - 0%
52005 Communications - - - 0%
52010 Equipment Maintenance - - - 0%
52015 Maint. Structures/Improvement.Grounds - - - 0%
52020 Memberships - - - 0%
52025 Office Expense - - - 0%
52030 Professional Services - 60,000 60,000 100%
52035 Equipment Rental - - - 0%
52045 Special Department Expense - - - 0%
52050 Small Tools & Supplies - - - 0%
52055 Travel & Training - - - 0%
52060 Utilities - - - 0%
52065 Water Purchases - - - 0%
Total Services & Supplies - 60,000 60,000 0%
OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs - - - 0%
55961 Transfers to Other Funds - - - 0%
Total Other - - - 0%
TOTAL BUDGET 28,832 115,972 87,140 302%
50 123
K.
Utilities Fund
Fund 540
Department/Division: 6120 GVMID
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 150,104 675,383 525,279 350%
Total Salaries & Benefits 150,104 675,383 525,279 350%
SERVICES AND SUPPLIES
52001 Safety Clothing 2,550 2,550 - 0%
52005 Communications 3,450 3,450 - 0%
52010 Equipment Maintenance 12,000 12,000 - 0%
52015 Maint. Structures/Improvement.Grounds 39,382 62,382 23,000 58% 52020 Memberships 30,796 36,577 5,781 19%
52025 Office Expense 23,929 23,929 - 0%
52030 Professional Services 106,138 141,138 35,000 33%
52035 Equipment Rental - - - 0%
52045 Special Department Expense 78,780 60,000 (18,780) -24% 52050 Small Tools & Supplies 2,809 2,809 - 0%
52055 Travel & Training 3,341 3,341 - 0%
52060 Utilities 65,000 65,000 - 0%
52065 Water Purchases 157,000 157,000 - 0%
52070 Sewage Treatment 807,000 807,000 - 0%
Total Services & Supplies 1,332,175 1,377,176 45,001 3% OTHER
53010 Improvements - - - 0%
53030 Equipment - 32,000 32,000 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs 380,262 495,541 115,279 30%
55961 Transfers to Other Funds - 20,096 20,096 0%
Total Other 380,262 515,637 167,375 44%
TOTAL BUDGET 1,862,541 2,600,196 737,655 40%
51 124
K.
Utilities Fund
Fund 540
Department/Division: 6130 Sewer
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 170,489 521,071 350,582 206%
Total Salaries & Benefits 170,489 521,071 350,582 206%
SERVICES AND SUPPLIES
52001 Safety Clothing 3,250 3,250 - 0%
52005 Communications 3,600 3,600 - 0%
52010 Equipment Maintenance 11,400 11,400 - 0%
52015 Maint. Structures/Improvement.Grounds 18,360 18,360 - 0% 52020 Memberships 6,762 7,914 1,152 17%
52025 Office Expense 17,687 17,687 - 0%
52030 Professional Services 5,166 56,666 51,500 997%
52035 Equipment Rental - - - 0%
52045 Special Department Expense 69,500 62,000 (7,500) -11% 52050 Small Tools & Supplies 5,410 5,410 - 0%
52055 Travel & Training 1,664 1,664 - 0%
52060 Utilities 25,600 25,600 - 0%
52065 Water Purchases - - - 0%
52070 Sewage Treatment 1,562,030 1,562,028 (2) 0%
Total Services & Supplies 1,730,429 1,775,579 45,150 3% OTHER
53010 Improvements - - - 0%
53030 Equipment - 48,000 48,000 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs 337,027 515,411 178,384 53%
55961 Transfers to Other Funds - 20,096 20,096 0%
Total Other 337,027 535,507 246,480 73%
TOTAL BUDGET 2,237,945 2,880,157 642,212 29%
52 125
K.
NPDES Fund
Fund 220
Department/Division: 6140 NPDES
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 243,853 346,980 103,127 42%
Total Salaries & Benefits 243,853 346,980 103,127 42%
SERVICES AND SUPPLIES
52001 Safety Clothing 1,850 1,850 - 0%
52005 Communications 1,550 1,550 - 0%
52010 Equipment Maintenance 5,110 10,100 4,990 98%
52015 Maint. Structures/Improvement.Grounds 2,000 18,000 16,000 800% 52020 Memberships 15,700 15,700 - 0%
52025 Office Expense - - - 0%
52030 Professional Services 45,001 45,001 - 0%
52035 Equipment Rental - - - 0%
52045 Special Department Expense 6,000 6,000 - 0%
52050 Small Tools & Supplies - - - 0%
52055 Travel & Training 1,400 1,400 - 0%
52060 Utilities - - - 0%
52065 Water Purchases - - - 0%
52070 Sewage Treatment - - - 0%
Total Services & Supplies 78,611 99,601 20,990 27%
OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs 128,135 135,796 - 0%
55961 Transfers to Other Funds - - - 0%
Total Other 128,135 135,796 - 0%
TOTAL BUDGET 450,600 582,377 131,778 29%
53 126
K.
General Fund
Fund 100
Department/Division: 6300 Emergency Operations Center
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 85,604 92,007 6,403 7%
Total Salaries & Benefits 85,604 92,007 6,403 7%
SERVICES AND SUPPLIES
52001 Safety Clothing 150 150 - 0%
52005 Communications 7,750 7,750 - 0%
52010 Equipment Maintenance 4,250 5,850 1,600 38%
52015 Maint. Structures/Improvement.Grounds - - - 0%
52020 Memberships - - - 0%
52025 Office Expense - 750 750 0%
52030 Professional Services - - - 0%
52035 Equipment Rental - - - 0%
52045 Special Department Expense 50,000 50,000 - 0%
52050 Small Tools & Supplies - - - 0%
52055 Travel & Training 800 800 - 0%
52060 Utilities - - - 0%
52065 Water Purchases - - - 0%
52070 Sewage Treatment - - - 0%
Total Services & Supplies 62,950 65,300 2,350 4%
OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs - - - 0%
55961 Transfers to Other Funds - - - 0%
Total Other - - - 0%
TOTAL BUDGET 148,554 157,307 8,753 6%
54 127
K.
City of Brisbane
FY24 Budget Requests
Department/Division: Public Works
Request Description FY24 cost Division
Climate Corps Fellowship - Cost in increase from $50K $ 25,000 Sustainability Sustainable San Mateo County Membership - Transfer
from Central Services
$ 5,000 Sustainability
Engineering Speed Survey $ 25,000 Streets & Storm Drains Weed Abatement & Tree Trimming - Increase in cost $ 20,000 Streets & Storm Drains HVAC & Elevator maintenance - Increase in cost $ 20,000 Building & Grounds Evaporative coolers for NBL $ 5,000 Building & Grounds
Stormwater pump upgrade @ Corp Yard $ 5,000 Building & Grounds Sanitary Sewer Master Plan Update $ 45,000 Sewer & GVMID Water Shortage Contingency Plan Update $ 25,000 Water & GVMID AWIA Incident Action Checklist $ 15,000 Water & GVMID
Methane Monitoring at Sierra Point $ 25,000 Water & Sewer Guadalupe Tank Roof $ 22,000 Water
Water turnout at San Bruno replacement $ 30,000 Water
Water vault lid replacement at SPP/101 offramp $ 50,000 Water Maintenance Management Emergency Response Plan $ 60,000 Water Quality Sierra Point Lift Station Methane Monitoring $ 12,000 Sewer Big Belly trash bin for Fisherman's Park $ 5,000 NPDES
$ 394,000
55 128
K.
General Fund
Fund 100
Department/Division: 6000 Public Works
Costs by Program
Division / Program Program $$ Program %%
Public Works Administration
001.0000 Administration 532,726 70%
005.0000 Citizen Engagement 117,855 15%
004.0000 City Council/Commission Support 44,841 6%
006.0000 Workforce Development 38,194 5%
430.0000 Public Education 24,923 3%
510.0000 Transportation and Mobility Options 2,725 <1%
535.0000 Emergency Response 500 <1%
Sustainability
525.0000 Stewardship of Natural Environment 184,793 35% 520.0000 Stewardship of Built Environment 183,281 35%
004.0000 City Council/Commission Support 67,861 13%
525.0002 Building Efficiency 30,356 6%
006.0000 Workforce Development 24,406 5%
001.0000 Administration 21,542 36%
005.0000 Citizen Engagement 16,164 3%
430.0000 Public Education 2,261 <1%
Streets and Storms
001.0000 Administration 533,895 52%
520.0000 Stewardship of Built Environment 439,030 42%
525.0000 Stewardship of Natural Environment 60,000 6%
006.0000 Workforce Development 1,820 <1%
Building and Grounds
001.0000 Administration 241,320 60%
520.0000 Stewardship of Built Environment 132,900 33%
525.0000 Stewardship of Natural Environment 21,700 5%
520.0011 Structural (walls, windows, roof, foundation) 5,300 1% 56 129
K.
Parks Maintenance
520.0000 Stewardship of Built Environment 102,440 38%
525.0000 Stewardship of Natural Environment 85,954 32%
001.0000 Administration 60,156 22%
005.0000 Citizen Engagement 14,124 5%
006.0000 Workforce Development 6,058 2%
Landscape Maintenance
525.0000 Stewardship of Natural Environment 160,025 76% 001.0000 Administration 50,132 24%
006.0000 Workforce Development 550 <1%
535.0000 Emergency Response 350 <1%
Emergency Operations
535.0000 Emergency Response 85,542 54%
001.0000 Administration 43,243 27%
004.0000 City Council/Commission Support 10,121 6%
005.0000 Citizen Engagement 9,201 6%
006.0000 Workforce Development 4,600 3%
430.0000 Public Education 4,600 3%
57 130
K.
Sierra Point Lighting & Landscape Fund
Fund 210
Department/Division: 6035 Sierra Point Lighting & Landscape District Costs by Program
Program Program $$ Program %%
525.0000 Stewardship of Natural Environment 325,755 66% 001.0000 Administration 116,570 24%
520.0000 Stewardship of Built Environment 50,726 10%
535.0000 Emergency Response 330 <1%
58 131
K.
Utility Fund
Fund 540
Department/Division: 6115 Water Service
Costs by Program
Program Program $$ Program %%
540.0000 Purchase of Utilities 939,000 41%
001.0000 Administration 837,877 37%
550.0000 Provide Portable Water 401,392 18%
130.0000 Revenue Collection 22,684 1%
520.0000 Stewardship of Built Environment 22,000 1%
550.0011 Provide Potable Water -Water services and meters 20,000 1% 130.0002 Cashiering and Payment Receipt Processing 18,147 1% 006.0000 Workforce Development 3,241 <1%
Department/Division: 6110 Water Quality Monitoring
Costs by Program
Program Program $$ Program %%
550.0006 Water Testing 115,972 100%
Department/Division: 6120 GVMID
Costs by Program
Program Program $$ Program %%
540.0000 Purchase of Utilities 1,029,000 49%
001.0000 Administration 647,379 31%
550.0000 Provide Portable Water 123,355 6%
525.0000 Stewardship of Natural Environment 92,700 4%
510.0000 Transportation and Mobility Options 45,102 2%
560.0000 Provide Wastewater Collection 32,207 2%
560.0003 Provide Wastewater Collection - Main Inspection and Cleaning 32,000 2% 520.0000 Stewardship of Built Environment 27,780 1%
130.0000 Revenue Collection 22,684 1%
130.0002 Cashiering and Payment Receipt Processing 18,147 1% 570.0000 Operate a Storm Drain 10,065 <1%
006.0000 Workforce Development 3,341 <1%
510.0001 Traffic Signals 800 <1%
59 132
K.
Department/Division: 6130 Wastewater / Sewer
Costs by Program
Program Program $$ Program %%
540.0000 Purchase of Utilities 1,587,628 68%
001.0000 Administration 516,909 22%
560.0000 Provide Wastewater Collection 179,235 8%
560.0002 Provide Wastewater Collection - Lift Stations 30,000 1% 560.0003 Provide Wastewater Collection - Main Inspection and Cleaning 12,000 1% 006.0000 Workforce Development 11,476 <1%
004.0000 City Council/Commission Support 7,403 <1%
60 133
K.
National Pollutant Discharge Elimination System Fund
Fund 220
Department/Division: 6140 NPDES
Costs by Program
Program Program $$ Program %%
001.0000 Administration 275,624 62%
570.0000 Operate a Storm Drain System 69,775 16%
005.0000 Citizen Engagement 40,029 9%
430.0000 Public Education 19,828 4%
525.0000 Stewardship of Natural Environment 18,829 4%
570.0002 Storm Drain System - Catch Basin and Sediment Basin 16,000 4% 006.0000 Workforce Development 6,495 1%
61 134
K.
Department Background
Department/Division: Park & Recreation
Mission Statement –
Overall Budget
Number of Positions 7 Full-time
50 Part-time
Areas Covered
$3,069,260
Administration, Facilities, Youth, Teens, Adults, Special Events, Seniors, Aquatics
The mission of Parks & Recreation in Brisbane is to engage and inspire a healthier community by providing fun, inclusive, innovative and safe parks, facilities and programs.
Admin
25%
Facilities
14%
Youth
27%
Adults
2%
Seniors
5%
Special
Events
4%
Teens
3%
Aquatics
20%
62 135
K.
General Fund
Fund 100
Department/Division: 7001 Park & Recreation Administration 2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 754,463 722,325 (32,138) -4%
Total Salaries & Benefits 754,463 722,325 (32,138) -4%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance 104 104 - 0%
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships 1,732 1,732 - 0%
52025 Office Expense 3,488 3,488 - 0%
52030 Professional Services 16,646 21,646 5,000 30%
52035 Equipment Rental - -
52045 Special Department Expense 2,223 3,417 1,194 54%
52050 Small Tools & Supplies 204 204 - 0%
52055 Travel & Training 10,542 18,002 7,460 71%
52060 Utilities - - -
Total Services & Supplies 34,939 48,593 13,654 39%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 789,402 $ 770,918 $ (18,484) -2%
63 136
K.
General Fund
Fund 100
Department/Division: 7002 Recreation Facilities
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 138,999 200,744 61,745 44%
Total Salaries & Benefits 138,999 200,744 61,745 44%
SERVICES AND SUPPLIES
52001 Safety Clothing 312 312 - 0%
52005 Communications - 2,032 2,032
52010 Equipment Maintenance - - -
52015 Maint. Structures/Improvement.Grounds 19,508 21,008 1,500 8% 52020 Memberships - - -
52025 Office Expense 260 260 - 0%
52030 Professional Services 89,702 89,702 - 0%
52035 Equipment Rental 7,178 7,178 - 0%
52045 Special Department Expense 65,850 20,540 (45,310) -69% 52050 Small Tools & Supplies 759 2,500 1,741 229%
52055 Travel & Training - -
52060 Utilities 83,960 82,712 (1,248) -1%
Total Services & Supplies 267,529 226,244 (41,285) -15% OTHER
53010 Improvements - -
53030 Equipment - 500 500
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - 500 500
TOTAL BUDGET $ 406,528 $ 427,488 $ 20,960 5%
64 137
K.
General Fund
Fund 100
Department/Division: 7003 Youth
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 568,373 627,162 58,789 10%
Total Salaries & Benefits 568,373 627,162 58,789 10%
SERVICES AND SUPPLIES
52001 Safety Clothing 1,836 1,836 - 0%
52005 Communications - - -
52010 Equipment Maintenance - - -
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships - - -
52025 Office Expense - -
52030 Professional Services 54,164 56,164 2,000 4%
52035 Equipment Rental 22,113 22,113 - 0%
52045 Special Department Expense 63,110 76,810 13,700 22% 52050 Small Tools & Supplies 156 2,000 1,844 1182%
52055 Travel & Training - - -
52060 Utilities - - -
52900 Contributions 36,101 36,101 - 0%
Total Services & Supplies 141,379 195,024 53,645 149%
OTHER
53010 Improvements - -
53030 Equipment - 700 700
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - 700 700
TOTAL BUDGET $ 745,853 $ 822,886 $ 77,033 10%
65 138
K.
General Fund
Fund 100
Department/Division: 7004 Adult
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 12,530 16,608 4,078 33%
Total Salaries & Benefits 12,530 16,608 4,078 33%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance - - -
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships 510 510 - 0%
52025 Office Expense 208 208 - 0%
52030 Professional Services 55,772 55,772 - 0%
52035 Equipment Rental - -
52045 Special Department Expense 4,835 4,835 - 0%
52050 Small Tools & Supplies 156 2,000 1,844 1182%
52055 Travel & Training - - -
52060 Utilities - - -
52900 Contributions - - -
Total Services & Supplies 61,481 63,325 1,844 3%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 74,011 $ 79,933 $ 5,922 8%
66 139
K.
General Fund
Fund 100
Department/Division: 7005 Seniors
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 78,880 85,586 6,706 9%
Total Salaries & Benefits 78,880 85,586 6,706 9%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications 1,080 1,080 - 0%
52010 Equipment Maintenance - - -
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships - - -
52025 Office Expense - -
52030 Professional Services 9,364 9,364 - 0%
52035 Equipment Rental - -
52045 Special Department Expense 10,273 50,273 40,000 389% 52050 Small Tools & Supplies - 500 500
52055 Travel & Training - - -
52060 Utilities - - -
52900 Contributions 30,000 - (30,000) -100%
Total Services & Supplies 20,717 61,217 40,500 195%
OTHER
53010 Improvements - -
53030 Equipment 364 364
54010 Administrative Charges - - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other 364 364 - 0%
TOTAL BUDGET $ 129,961 147,167 $ 17,206 13%
67 140
K.
General Fund
Fund 100
Department/Division: 7006 Special Events
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 52,219 60,545 8,326 16%
Total Salaries & Benefits 52,219 60,545 8,326 16%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance - - -
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships - - -
52025 Office Expense - -
52030 Professional Services - -
52035 Equipment Rental - -
52045 Special Department Expense 41,722 67,732 26,010 62% 52050 Small Tools & Supplies - - -
52055 Travel & Training - - -
52060 Utilities - - -
52900 Contributions - - -
Total Services & Supplies 41,722 67,732 26,010 62%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 93,941 $ 128,277 $ 34,336 37%
68 141
K.
General Fund
Fund 100
Department/Division: 7007 Teens
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 29,118 29,812 694 2%
Total Salaries & Benefits 29,118 29,812 694 2%
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance - - -
52015 Maint. Structures/Improvement.Grounds - - -
52020 Memberships - - -
52025 Office Expense - -
52030 Professional Services 2,081 2,081 - 0%
52035 Equipment Rental - -
52045 Special Department Expense 7,583 8,283 700 9%
52050 Small Tools & Supplies - - -
52055 Travel & Training 208 500 292 140%
52060 Utilities - - -
52900 Contributions 50,000 50,000 -
Total Services & Supplies 59,872 60,864 992 2%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 88,990 $ 90,676 $ 1,686 2%
69 142
K.
General Fund
Fund 100
Department/Division: 7008 Aquatics
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 365,472 384,890 19,418 5%
Total Salaries & Benefits 365,472 384,890 19,418 5%
SERVICES AND SUPPLIES
52001 Safety Clothing 2,164 2,164 - 0%
52005 Communications 6,158 6,158 - 0%
52010 Equipment Maintenance - - -
52015 Maint. Structures/Improvement.Grounds 47,576 47,576 - 0% 52020 Memberships - - -
52025 Office Expense 1,028 1,028 - 0%
52030 Professional Services 59,641 59,641 - 0%
52035 Equipment Rental - -
52045 Special Department Expense 1,483 7,300 5,817 392% 52050 Small Tools & Supplies 3,163 6,563 3,400 107%
52055 Travel & Training - - -
52060 Utilities 86,595 86,595 -
52900 Contributions - - - 0%
Total Services & Supplies 207,808 217,025 9,217 4%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 573,280 $ 601,915 $ 28,635 5%
70 143
K.
City of Brisbane - FY24 Budget Requests
PARKS & RECREATION
Request Description FY24 cost Purpose
Staffing Declined with transfer of Assistant City
Manager from P&R Admin to City Manager
Division; increase of $27K for change of
Recreation Coordinator to Recreation
Supervisor; increase in Workers Comp and
General Liability allocations across divisions
Admin - BMI & ASCAP Music Licenses $800 Requirement for music in/at City facilities.
Admin- Staff training expenses $1,200 To support staff training efforts, speakers, supplies, etc.
Admin- First Aid supplies and PPE $300 Health and safety of employees and the public
P&R-7001 $2,300
Outdoor Facilities - Street pole banner
replacements
$4,000 Replace damaged or worn street pole
banners and accessories from existing sets
as needed
Outdoor Facilities - Silverspot Tot Lot
maintenance
$1,000 Maintenance for Tot Lot at Silverspot.
Outdoor Facilities - Community Garden
maintenance
$500 (Responsibility is being transferred from
Public Works) To maintain the community
garden
P&R-7002 $5,500
Youth - Inrease to Summer Field Trips $13,000 One-time. To improve safety and organization of supplies for all childcare
programs
Youth - Storage racks for childcare shed
at BES
$700 One-time. To improve safety and
organization of supplies for all childcare
programs
P&R-7003 $13,700
Seniors - Printer & supplies for the
Sunrise Room
$500 One-time. To support operations at the
Sunrise Room and inprove overall efficiency
Seniors - Blinds for the Sunrise Room $5,000 One-time. Replace existing non-compliant blinds at the Sunrise Room with Fire
Authority approved alternatives.
Seniors - Sunrise Room $30,000 One-time.
P&R-7005 $35,500
71 144
K.
Request Description FY24 cost Purpose
Special Events - Day in the Park $26,000 Expect to be offset with donations P&R-7006 $26,000
Aquatics - Replacement mats for Locker
Rooms
$1,800 One-time. Public safety and facility
cleanliness
Aquatics - Replacement Spinal $1,600 One-time. Public safety Aquatics - Pool deck Storage container $1,500 One-time. Equipment/supply storage for pool users
Aquatics - Lifeguard Chair $800 One-time. Public safety Aquatics - (2) Lifeguard umbrellas $1,000 One-time. Public / Staff safety Aquatics - CPR Manikins $1,000 One-time. Public safety
P&R-7008 $7,700
72 145
K.
General Fund
Fund 100
Department/Division: 7001 Park & Recreation Administration Costs by Program
Program Program $$
Program
%%
001.0000 Administration 408,787 53
004.0000 City Council/Commission Support 184,554 24
005.0000 Citizen Engagement 121,050 16
006.0000 Workforce Development 56,527 7
General Fund
Fund 100
Department/Division: 7002 Recreation Facilities
Costs by Program
Program Program $$
Program
%%
615.0000 Outdoor Facilities 138,433 32
610.0000 Indoor Facilities 110,833 26
610.0003 Mission Blue Center 78,095 18
610.0002 Community Center 49,612 12
001.0000 Administration 33,215 8
Programs <1% 12,888 3
Dog Park, Parks & Playgrounds, Tennis Courts, Picnic Areas, Volleyball Courts, Skatepark
General Fund
Fund 100
Department/Division: 7003 Youth
Costs by Program
Program Program $$
Program
%%
620.0005 Seasonal Camps 261,400 32
620.0002 Preschool 188,805 23
620.0001 Afterschool 165,227 20
620.0004 Youth Contract Classes 56,373 7
620.0007 Youth Sports (Afterschool) 42,746 5
620.0008 Youth Sports (Baseball) 39,269 5
620.0003 Brisbane School District Contribution 36,101 4 001.0000 Administration 32,964 4
73 146
K.
General Fund
Fund 100
Department/Division: 7004 Adult
Costs by Program
Program Program $$
Program
%%
640.0001 Adult Contract Classes 54,199 68
640.0002 Adult Sports 18,543 23
640.0000 Adult Programs 20-59 7,190 9
General Fund
Fund 100
Department/Division: 7005 Seniors
Costs by Program
Program Program $$
Program
%%
650.0003 Senior Sunrise Room 78,042 53
650.0000 Senior Programs 60+ 29,718 20
650.0001 Senior Club 22,565 15
650.0002 Senior Contract Classes 16,842 12
General Fund
Fund 100
Department/Division: 7006 Special Events
Costs by Program
Program Program $$
Program
%%
660.0000 Special Events 128,277 100
General Fund
Fund 100
Department/Division: 7007 Teens
Costs by Program
Program Program $$
Program
%%
001.0000 Teens 13-19 78,042 74
630.0002 Youth Advisory Committee 29,718 19
630.0001 Teen Activities 22,565 7
General Fund
74 147
K.
Fund 100
Department/Division: 7008 Aquatics
Costs by Program
Program Program $$
Program
%%
670.0000 Aquatics 184,475 31
670.0004 Lap Swim 111,229 18
670.0005 Recreational Swim 111,229 18
670.0006 Swim Lessons 111,229 18
670.0001 Aquatics Contract Classes 56,032 9
670.0002 Aquatics Rentals 23,482 4
670.0003 Aquatics Special Events 4,238 <1
75 148
K.
Department Background
Department/Division: Marina
Mission Statement –
Overall Budget
Number of Positions Full time - 4
Areas Covered
The mission of the Marina is to professionally operate a well-maintained, clean and secure facility with prompt, courteous customer service for boaters and the general public. department objectives to sustain and enhance the quality of life within the City of Brisbane by providing safe, well-maintained public infrastructure and facilities.
$1,379,195
Marina Maintenance, Billing
76 149
K.
Marina Fund
Fund 550
Department/Division: 7009 Marina
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS 740,824 761,736 20,912 3%
Total Salaries & Benefits 740,824 761,736 20,912 3%
SERVICES AND SUPPLIES
52001 Safety Clothing 2,230 2,230 - 0%
52005 Communications 28,132 28,132 - 0%
52010 Equipment Maintenance 13,112 76,712 63,600 485%
52015 Maint. Structures/Improvement.Grounds 71,875 72,886 1,011 1% 52020 Memberships 1,100 1,100 - 0%
52025 Office Expense 43,764 43,764 - 0%
52030 Professional Services 15,681 67,738 52,057 332%
52035 Equipment Rental 2,185 2,185 - 0%
52045 Special Department Expense 244,764 180,710 (64,054) -26% 52050 Small Tools & Supplies 3,000 3,000 - 0%
52055 Travel & Training 3,750 3,750 - 0%
52060 Utilities 135,252 135,252 (0) 0%
52065 Water Purchases - - - 0%
52070 Sewage Treatment - - - 0%
Total Services & Supplies 564,845 617,459 52,614 9%
OTHER
53010 Improvements - - - 0%
53030 Equipment - - - 0%
54010 Administrative Charges - - - 0%
54025 Indirect Costs - 380,769 - 0%
55961 Transfers to Other Funds - 196,158 - 0%
Total Other - 576,927 - 0%
TOTAL BUDGET 1,305,669 1,956,122 650,453 50%
77 150
K.
City of Brisbane
FY24 Budget Requests
Department/Division: 7009 - Marina
Request Description FY24 cost
Marina Entrance Camera $ 16,000
Marina Management Software $ 16,000
Antibackflow inserts in catch basins $ 30,000
$ 62,000
78 151
K.
General Fund
Fund 100
Department/Division: 7009 Marina
Costs by Program
Program Program $$
Program
%%
Marina
001.0000 Administration 470,002 34%
590.0002 MARINA - Buildings and Grounds 226,343 16%
590.0001 MARINA - Billing and Accounting 145,523 11%
590.0004 MARINA - Docks 141,450 10%
590.0007 MARINA - Utilities 141,227 10%
590.0006 MARINA - Slips 97,431 7%
006.0000 Workforce Development 39,515 3%
590.0005 MARINA - Refuse 35,023 3%
430.0000 Public Education 33,671 2%
005.0000 Citizen Engagement 27,391 2%
590.0003 MARINA - CIP's 11,719 1%
004.0000 City Council/Commission Support 9,900 1%
1,379,195
79 152
K.
Department Background
Department/Division: 7100 Library
Mission Statement –
Overall Budget
Number of Positions none
Areas Covered
San Mateo County Libraries strengthen our communities by creating an inclusive sense of place and environment for learning.
$70,600
Maintenance of the Library, allows for additional events held at the Library
80 153
K.
General Fund
Fund 100
Department/Division: 7100 Library
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS - -
Total Salaries & Benefits - - -
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications - - -
52010 Equipment Maintenance - -
52015 Maint. Structures/Improvement.Grounds 10,900 10,900 - 0% 52020 Memberships - -
52025 Office Expense - -
52030 Professional Services 29,200 29,200 - 0%
52035 Equipment Rental - -
52045 Special Department Expense - -
52050 Small Tools & Supplies - -
52055 Travel & Training - -
52060 Utilities 4,500 4,500 - 0%
52300 Contributions 26,000 26,000 - 0%
Total Services & Supplies 70,600 70,600 - 0%
OTHER
53010 Improvements - -
53030 Equipment - -
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other - - -
TOTAL BUDGET $ 70,600 $ 70,600 -$ 0%
81 154
K.
Department Background
Department/Division: 8001 Central Services
Mission Statement –
Overall Budget
Number of Positions None
Areas Covered
Central Services covers the costs of general organization-wide services and programs not attributed to any one department, to implement policies and programs as established by City Council and the City Manager. $1,273,291
General Citywide issues and services
82 155
K.
General Fund
Fund 100
Department/Division: 8001 Central Services
2022/23 2023/24
Requested
Account and Title: Budget Budget Change $$ Change %%
SALARIES & BENEFITS - -
Total Salaries & Benefits - - -
SERVICES AND SUPPLIES
52001 Safety Clothing - - -
52005 Communications 70,000 70,000 - 0%
52010 Equipment Maintenance 2,000 3,000 1,000 50%
52015 Maint. Structures/Improvement.Grounds 57,000 57,000 - 0% 52020 Memberships 55,850 60,850 5,000 9%
52025 Office Expense 42,700 42,700 - 0%
52030 Professional Services 266,101 508,941 242,840 91% 52033 Office Space Rental 300,000 300,000 - 0%
52035 Equipment Rental 52,600 48,600 (4,000) -8%
52045 Special Department Expense 13,500 13,500 - 0%
52050 Small Tools & Supplies - -
52055 Travel & Training - -
52060 Utilities 70,000 70,000 - 0%
52900 Contributions 21,000 21,000 - 0%
Total Services & Supplies 950,751 1,195,591 244,840 26% OTHER
53010 Improvements - -
53030 Equipment 60,700 77,700 17,000 28%
54010 Administrative Charges - -
54025 Indirect Costs - -
55961 Transfers to Other Funds - -
Total Other 60,700 77,700 17,000 28%
TOTAL BUDGET $ 1,011,451 1,273,291 $ 261,840 26%
83 156
K.
City of Brisbane
FY24 Budget Requests
Department/Division: 8001 Central Services
Request Description FY24 cost Purpose
Memberships 5,000 PenTV (Channel 26)
Professional Service 140,000 Additional Technology Service Professional Service 54,000 Grant Writing Assistance
Professional Service 16,000 Credit Card processing Charges for non-Utility transactions (transfer from Utilities)
Professional Service 31,500 Consulting for Org-wide Technology Project Professional Service 1,100 Increase in MCTV contract
Equipment 10,000 New widescreen projector and screen for Council Chambers Equipment 7,000 Computer contingency and updates
264,600
84 157
K.
General Fund
Fund 100
Department/Division: 8001 Central Services
Costs by Program
Program
Program
$$
Program
%%
520.0000 Stewardship of Built Environment 427,000 34
140.0000 Computer System 236,200 19
005.0000 Citizen Engagement 218,650 17
001.0000 Administration 159,176 13
130.0000 Revenue Collection 70,000 5
004.0000 City Council/Commission Support 65,150 5
005.0017 STAR Newsletter 45,200 4
260.0000 Economic Development 23,000 2
Programs <1% 28,915 2
1,273,291
85 158
K.
Outstanding Debt (Governmental)
FY2023/24 - $1,209,663
2024
2026
2028
2030
2032
2034
2036
2038
2040
2042
2044
Total due - $15,013,000 through
2043
$722,000
$3,410,000
$4,283,000
$5,500,000
$21,000
$1,077,000
86 159
K.
File Attachments for Item:
L. Consider Adoption of Resolutions to approve the budget for Fiscal Year 2023/24
1. Adopt Resolution adopting the annual budget for Fiscal Year 2023-2024 and making appropriations for the amounts budgeted for the City, the Successor Agency and Housing Authority
2. Adopt Guadalupe Valley Municipal Improvement District Resolution adopting the annual budget for Fiscal Year 2023-2024 and making appropriations for the amounts budgeted 160
L.
Overview of Proposed Budget for FY2023/24 Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: June 29, 2023
From: Carolina Yuen
Subject: Adoption Resolutions to Approve the Fiscal Year 2023/24 Budget
Community Goal/Result
Fiscally Prudent – Brisbane’s fiscal vitality will reflect sound decisions which also speak to the values of the community
Purpose
To provide a fiscal plan which provides flexibility to City Council and the Community to provide for services during the time of unknown economic circumstances while planning for the longterm recovery.
Recommendation
Adopt the attached resolutions to approve the budget for Fiscal Year 2023/24.
Background
On June 15, 2023, Staff presented an overview of the budget to the City Council. Staff also initiated reviews of departmental budgets. Council requested staff come back on June 29, 2023, with additional comparative information to review the budgets for following Departments: Finance, Human Resources, City Council, City Manager, Library, City Clerk, City Attorney, Fire, Police, Community Development, Parks and Recreation, Co-Sponsorships, Public Works (including Utilities), Marina, Open Space and Central Services.
Discussion
Any changes to the proposed budget are unknown at this time as reviews are scheduled for earlier in the same meeting.
Financial stability remains a high priority for the City of Brisbane. Staff looks forward to working with the Council and the community to address the financial challenges that lay ahead.
Staff will continue to seek ways to provide services to the community as efficiently as possible.
The City will continue to consider appropriate economic development and tax revenue generation projects that are viable for our City.
Fiscal Impact
The General Fund budget for Fiscal Year 2023/24 is balanced within available resources. The anticipated Net Use of Fund Balance is $1,198,000.
Attachments
161
L.
Overview of Proposed Budget for FY2023/24 Page 2 of 2
Resolution Adopting the Annual Budget for the Fiscal Year 2023/24 Resolution Adopting the GVMID Annual Budget for the Fiscal Year 2023/24 High Level Budget Summary for Fiscal Year 2023/24
Carolina Yuen ___________________________________
Carolina Yuen, Finance Director Clay Holstine, City Manager 162
L.
RESOLUTION NO. 2023-_____
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BRISBANE
ADOPTING THE ANNUAL BUDGET
FOR THE FISCAL YEAR 2023-2024 AND
MAKING APPROPRIATIONS FOR THE AMOUNTS BUDGETED
WHEREAS, a proposed annual budget for the City of Brisbane for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 was submitted to the City Council
NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, that the proposed budget, as submitted is adopted as the annual budget for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 and thereby appropriates the amounts budgeted.
PASSED, APPROVED AND ADOPTED this 29th day of June 2023. __________________
Madison Davis
Mayor
I hereby certify that the foregoing Resolution No. 2023-_____ was duly and regularly adopted at a regular meeting of the Brisbane City Council on June 29th, 2023 by the following vote:
AYES:
NOES:
ABSENT:
______________________
Ingrid Padilla
City Clerk
163
L.
RESOLUTION NO. GVMID 2023-_____
A RESOLUTION OF GUADALUPE VALLEY
MUNICIPAL IMPROVEMENT DISTRICT (GVMID)
ADOPTING THE ANNUAL BUDGET
FOR THE FISCAL YEAR 2023-2024
MAKING APPROPRIATIONS FOR THE AMOUNTS BUDGETED
WHEREAS, a proposed annual budget for the Guadalupe Valley Municipal District (GVMID) for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 was submitted to the Board of Directors, and WHEREAS, a public hearing and proceedings for the adoption of said budget have been duly held and
NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the GVMID that the proposed budget, as submitted, is adopted as the annual budget for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 and thereby appropriates the amounts budgeted.
PASSED, APPROVED AND ADOPTED this 29th day of June 2023. __________________
Madison Davis
President of the Board
I hereby certify that the foregoing Resolution No. GVMID 2023-_____ was duly and regularly adopted at a regular meeting of the Guadalupe Valley Municipal Improvement District on June 29th, 2023 by the following vote:
AYES:
NOES:
ABSENT:
______________________
Ingrid Padilla
District Secretary
164
L.
City of Brisbane
Fiscal Year 23/24 Budget
Description General Fund Gas Tax Fund
SB1 Road
Maint &
Rehab Act Meas A Meas W
Sierra Point
Lighting and
Landscaping
National
Pollution
Discharge
Elimination
System
COPS - State
Personnel
Grant Housing Utility Fund
Water Maint
Monitoring &
Emergency Plan
Fund Marina Fund
Total w/o
Interservice
Funds
Dental
Self
Insurance
Self
Insurance
Self Insured
Workers
Compensaton
Motor Vehicle
Replacement
Revenues 26,695,707 120,983 75,585 395,197 91,100 590,000 54,000 140,000 6,479,499 60,000 1,923,075 36,625,146 152,963 943,169 877,690 376,447 Transfers In 392,581 45,000 437,581
Total Current Year Resources 26,695,707 120,983 75,585 395,197 91,100 590,000 446,581 140,000 - 6,524,499 60,000 1,923,075 37,062,727 152,963 943,169 877,690 376,447 -
Expenditures: -
City Council 307,940 307,940
City Clerk 420,306 420,306
City Manager 1,548,140 1,548,140
Event Cosponorship 25,894 25,894
Open Space 530,663 530,663
Finance 1,676,968 1,676,968
Human Resources 851,613 851,613
Legal Services-City Attorney 450,000 450,000
Community Development 2,721,664 2,721,664
Library 70,600 70,600
Police--Administration & Personnel 1,037,697 1,037,697
Police--Communications & Records 841,570 841,570
Police--Police Patrol 4,470,024 140,000 4,610,024
Fire 4,914,324 4,914,324
Public Works--Admin. & Engineering 761,764 761,764
Public Works--Streets & Storm Drains 1,034,745 1,034,745 Public Works--Buildings & Grounds 401,220 401,220
Public Works--Parks Maintenance 268,732 268,732
Public Works--Landscape Maintenance 211,058 211,058
Public Works - Sierra Point Lighting and Landscape 493,380 493,380 Public Works- Water 2,264,342 2,264,342
Public Works- Water Quality Monitoring 115,972 115,972
Public Works- GVMID 2,084,559 2,084,559
Public Works - NPDES 446,581 446,581
Public Works - Sewer 2,344,650 2,344,650
Public Works -- Office of Emergency Services 157,307 157,307 Recreation--Admin & PB&R Comm. 770,918 770,918
Recreation--Parks & Facility Maint. 427,488 427,488
Recreation--Preschool, Youth & Teen 822,886 822,886
Recreation--Adult Recreation 79,933 79,933
Recreation--Senior Citizens 147,167 147,167
Recreation--Special Events 128,277 128,277
Recreation--Teen Activities 90,676 90,676
Recreation--Aquatics 601,915 601,915
Marina 1,379,195 1,379,195
Non-Departmental/Central Services 1,273,291 1,567,823 380,769 3,221,883 Debt Service 1,209,663 618,025 482,931 2,310,619
Housing 95,000 95,000
TRSF: Motor Vehicle Replacement 300,000 60,289 16,158 376,447 Payments / other Transfers 45,000 180,000 225,000 152,963 943,169 877,690 75,000 -
Total Expenditures 28,599,443 - - - - 493,380 446,581 140,000 95,000 8,939,688 115,972 2,439,053 41,269,117 152,963 943,169 877,690 75,000 -
Current Year Available (Net Use) (1,903,736) 120,983 75,585 395,197 91,100 96,620 - - (95,000) (2,415,189) (55,972) (515,978) (4,206,390) - - - 301,447 -
Recession Reserve 2,500,000 2,500,000
Emergency Reserve 3,500,000 3,500,000
Regular Reserve 2,764,758 2,764,758
165
L.
File Attachments for Item:
M. Consider Adoption of Resolution adopting a Master Fee Schedule 166
M.
Adoption of Resolution Amending the Master Fee Schedule adopted on June 17, 2021.
CITY COUNCIL AGENDA REPORT
Meeting Date: June 29, 2023
From: Carolina Yuen, Finance Director
Subject: Adoption of Resolution Amending the Master Fee Schedule Adopted on June 16 and July 14, 2022.
Community Goal/Result
Fiscally Prudent - Brisbane's fiscal vitality will reflect sound decisions which also speak to the values of the community
Purpose
To ensure the users of services as outlined in the City’s Cost Recovery Policy pay for the services provided by the City.
Recommendation
Adopt attached Resolution, which generally increases fees by 4%.
Background
On May 30, 2002, City Council reviewed and approved target recovery percentages for the City’s fee schedule. On June 10, 2002, during the presentation of the first reading of Ordinance 468, staff stated the City Council would have the opportunity to review and approve fees annually. Staff therefore presents the Master Fee Schedule each fiscal year.
The attached Resolution is the annual revision recommended by staff. The revision is allowed up to the inflation increase using the San Francisco – Oakland – Hayward, CA Consumer Price Index for All Urban Consumers (CPI-U) for All Items Less Energy for 12 months through the previous December.
In the previous fiscal year, the City increased rates generally by 7% and adjusted some rates after a thorough review to keep our fees in line with the cost of providing the service. This year’s analysis and revision would allow up to an increase of 4% which was the inflation increase using the CPI-U through December 2022. Staff recommends we raise by the fully allowed rate of 4%, similar to last year, to keep up with increases in costs.
Fee increases go into effect 60 days after approval. Therefore, rates which are attached would go into effect on August 28, 2023.
167
M.
Adoption of Resolution Amending the Master Fee Schedule adopted on June 17, 2021.
Discussion
After seeking input from each department, the exception to the 4% increase was determined in some line items within Parks and Recreation, Finance, Planning and Public Works. • Parks and Recreation: The aquatic daily rate did not change, therefore there was no reason to change the rate of monthly or 15-day punch passes which is directly related to the aquatic daily rate. Swim lessons were increased by 10% and private rentals increased by 15%. Daily Camp and Preschool fees were increased by 10% for residents and 15% for non-residents. Exceptions were made to stay in line with costs and surrounding agencies. Refundable Deposits were not previously included in the Master Fee Schedule although charged and are being added for full disclosure. • Finance: Rates related to Utility Billing penalties were kept flat since the water and sewer rates will be increased starting in June 2023. Staff recommends revisiting next year after the impact of the water and sewer rate increases can be better evaluated. • Planning and Public Works: Several rates tied to hourly wages had to be adjusted to correlate to current cost recovery.
Fiscal Impact
If all of the fees were adopted based on the current target recovery percentages, the City would see an increase of approximately $56,000 based on the FY2023/24 proposed budget. The actual amount may differ based on the amount each individual service is used by our customers and residents.
Measure of Success
Users of City services pay for the appropriate portion of the cost of providing the service.
Attachments
Resolution Calling to Amend the Master Fee Schedule
Master Fee Schedule for FY 2023/24
Carolina Yuen ___________________________________
Carolina Yuen, Finance Director Clay Holstine, City Manager 168
M.
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
ADOPTING A MASTER FEE SCHEDULE
WHEREAS, Section 3.32.010 of the Brisbane Municipal Code requires the City Council to establish, by resolution, a percentage of cost recovery for user fees and service charges collected by the City which was done by Resolution 2003-23; and
WHEREAS, on June 29, 2023, the City Council conducted a public hearing to consider the proposed cost recovery percentages and Master Fee Schedule, at which time any person interested in the matter was given an opportunity to be heard; and
WHEREAS, the City Council finds that:
The proposed user fees and service charges set forth on the Master Fee Schedule do not exceed the actual cost of providing the services to which they relate, as determined by the user fee study; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BRISBANE AS FOLLOWS:
1. The Master Fee Schedule attached hereto as Exhibit A is hereby approved and adopted.
2. The Master Fee Schedule adopted by this Resolution shall supersede all price schedules pertaining to the same subject matter, and all such prior schedules, regardless of the manner in which the same may have been established or adopted, are hereby repealed and declared to be of no further force or effect.
3. This Resolution shall become effective sixty (60) days following the date of this adoption and shall be applicable to all user fees and service charge described therein which are payable to the City from and after such effective date.
________________________
Madison Davis, Mayor
169
M.
I hereby certify that the foregoing Resolution No. 2023-____ was duly and regularly adopted at a regular meeting of the Brisbane City Council on June 29, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Ingrid Padilla, City Clerk
170
M.
CITY OF BRISBANE Proposed 6/29/2023
2023/24 To be effective 8/28/23
MASTER FEE SCHEDULE
Planning Fees 2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis
Full Cost Hourly Rates by Staff Position:
Director $254 $259 $267 expressed for 100% cost recovery; Principal Planner $204 applicable cost recovery on a
Senior Planner $164 $167 $172 permit for which a fee is charged Associate Planner $138 $141 $145 on an hourly basis
Building Permit Technician $110
Planning Technician $104 $107 $110
Administrative Assistant $102 $104 $108
Office Specialist $96 $98 $101
Accessory Dwelling Unit Permit:
P1 Accessory Dwelling Units $329 $352 $366
Use Permits:
P2 Conditional uses listed in District Regulations not listed below $1,112 $1,190 $1,238 P3a Transfer of development rights within the R- BA district $2,757 $2,950 $3,068 P3b Clustered development within the R-BA district $2,757 $2,950 $3,068 P4 Exceptions to Fence Regulations
- Residential Uses $968 $1,036 $1,077
- Retaining Walls $968 $1,036 $1,077
- All Other Uses $1,289 $1,379 $1,434
P5 Greenhouses on substandard lots $1,112 $1,190 $1,238 P6 Horses in any district (with exceptions) $1,112 $1,190 $1,238 P7 Public buildings, schools, parks, churches:
- New Construction $1,112 $1,190 $1,238
- Use Only $1,112 $1,190 $1,238
P8 Hospitals, etc. $1,112 $1,190 $1,238
P9 Philanthropic or charitable institutions
- New Construction $1,112 $1,190 $1,238
- Use Only $1,112 $1,190 $1,238
P10 Public utilities in all districts $1,486 $1,590 $1,654 P11 Temporary uses of not more than 45 days duration - all districts $1,164 $1,245 $1,295 P12 $1,491 $1,595 $1,659
P13 Non conforming parking
- in R and NCRO districts $1,245 $1,332 $1,385
- in other districts $1,659 $1,775 $1,846
P13a Use Permit to Expand Nonconforming Residential Uses $1,245 $1,332 $1,385 Home Occupation Permits:
P14 Home occupations in residential districts $39 $42 $44 Design Permits
P15a Design Permit for new construction: residential $1,832 $1,960 $2,038 P15b Design Permit for new construction: non-residential or mixed use $3,059 $3,273 $3,404 Condominiums, cooperatives, new construction and conversion proposed for 8/28/23
M.
Planning Fees, cont. 2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis
P16 Design Permit for remodeling existing structures $1,710 $1,830 $1,903 P16a Design Permit Extension $1,412 $1,511 $1,571
Variances:
P17 Variance to code provisions for new construction to all structures $1,381 $1,478 $1,537 P18 Variance to code provisions for remodel of existing structures - residential structures $1,035 $1,107 $1,151
- other structures $1,381 $1,478 $1,537
Sign Permits:
P19 Sign permits in all districts
- with Hearing $807 $863 $898
- without Hearing $339 $363 $378
P20 Sign Programs $935 $1,000 $1,040 Includes P19 Sign Permit fee Planned Development Permits:
P21 Planned Development Permit deposit required
Development Agreements:
P22 Development Agreement deposit required
Specific Plans:
P23 Specific Plan deposit required
Exceptions to the Code:
P25a Height limits per BMC 17.32.060.B $1,376 $1,472 $1,531 P25b Height limits per BMC 17.32.060.C $1,376 $1,472 $1,531 - residential structures $621 $664 $691
- other structures $829 $887 $922
P60 Accessibility Improvement Permits $212 $227 $236
P61aPC Setback Exception Modification - residential properties $800 $856 $890 P61aZA Setback Exception Modification - residential properties $622 $666 $693 P61bPC Setback Exception Modification - all other properties $1,065 $1,140 $1,186 P61bZA Setback Exception Modification - all other properties $829 $887 $922 Minor Modifications:
P26 Minor modifications per BMC 17.56.090 $548 $586 $609 Grading Permits:
P27 Grading Permit Review by Planning Commission $1,553 $1,662 $1,728 Amendments:
P28 General Plan Map $1,760 $1,883 $1,958
P29 General Plan Text $1,760 $1,883 $1,958
P30 Zoning Map $1,760 $1,883 $1,958
P30a Housing Development Permit $2,464 $2,563
P31 Zoning Ordinance Text $1,744 $1,866 $1,941
Subdivisions:
P32 Tentative Subdivision Map and Condominium Plans with 5 or more lots/units $3,048 $3,261 $3,391 Plus $275 per lot proposed for 8/28/23
M.
Planning Fees, cont. 2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis
P34 Tentative Parcel Map and Condominium Plans with 4 or less lots/units $3,048 $3,261 $3,391 P35a Final Parcel Map Please refer to PW11 (Public Works) P35b Final Subdivision Map Please refer to PW14 (Public Works) [NEW] P36 Time Extension for Approved Tentative Map $1,462 $1,564 $1,627 P37 Amendment to Approved Tentative Map $1,377 $1,473 $1,532 P38 Correction/Amendment to Final Map $413 $442 $460
P40 Modifications to Subdivision Provisions $1,516 $1,622 $1,687 P41 Vesting Tentative Subdivision Map $6,103 $6,530 $6,791 P42a Certificate of Compliance per GC 66499.35(a) and (b) $1,062 $1,136 $1,181 P42b Certificate of Compliance per GC 66499.35 (c) $381 $408 $424 P43 Lot Line Adjustment $1,015 $1,086 $1,129
P43a Parcel Map Waivers $1,015 $1,086 $1,129
P44 Reversions to Acreage $924 $989 $1,029
P45 Lot Merger $381 $408 $424
Appeals:
P46 Tie-vote at Planning Commission $0 $0 $0
P47 All other appeals $398 $426 $443
Environmental Review:
P48 Categorical Exemption
P49 $2,697 $2,886 $3,001 reimbursement for peer review may be required
P50 Environmental Impact Reports consult. cost +10% consult. cost +10% consult. cost +10% deposit required P51 Mitigation Monitoring-Inspections etc. hourly hourly hourly Other Services:
P52 Pre-application Review
- single family dwelling on lot of record
- all other applications hourly hourly hourly
P53 Administrative review subsequent documents from Con. of Appr. hourly hourly hourly P54 Parking lot redesign/landscape plan review (per BMC section 15.70.030) $607 $649 $675 P55 Research record search hourly hourly hourly
P56 Technical report review consult. cost +10% consult. cost +10% consult. cost +10% P57 Zoning enforcement penalty 10x orig fee 10x orig fee 10x orig fee P59 Archiving of records hourly hourly hourly
P62a hourly hourly hourly
P62b hourly hourly hourly
P63 $1,113 $1,191 $1,239
P64 $413 $442 $460
P65 $348 $372 $387
P66 $100 $107 $111
P67 Address Assignment $115 $123 $128
P68 Construction Noise Exception Permit per BMC 8.28.080 $688 $736 $765 P69 Outdoor Sound Amplification Request $200 $214 $223
P70 Short Term Rental Permit $323 $346 $360
P71 C.3 Stormwater Review/Inspection consult. cost + $167 consult. cost + $179 consult. cost + $186 Initial Study/Negative Declaration ( fee includes those cases in which a Determinaition of HCP Compliance by the Planning Commission is needed, where no other Planning Permit is required.)
Alcohol Public Convenience Necessity (PCN)
Concept review (less than 20,000 sq. feet or less than 10 residential units) Tree Removal Permit
Concept review (greater 20,000 sq. feet commercial or 10 units or more of residential)
Administrative Appeal (to City Manager)
Telecommunications Administrative Permit
proposed for 8/28/23
M.
Parks and Recreation Fees 2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis
Facility Rentals:
Alcohol Surcharge Fee (rental with 100 or more persons) $100 per event for any rental facility [NEW] Athletic Fields
Lights $27 $28 $29 per hour
Non Profit Closed to Public
- Brisbane Non Profit $17 $17 $18 per hour
- Non Brisbane Non Profit $27 $28 $29 per hour
Residential $43 $44 $46 per hour
Non-Residential $74 $77 $80 per hour
Game Preparation $27 $28 $29 per game
Mission Blue Center
Residential
1 Room - Weekday $129-$171 $174 $181 per hour
Entire Facility - Weekday $264 $269 $280 per hour
1 Room - Weekend $160-$213 $217 $226 per hour
Entire Facility - Weekend $330 $337 $350 per hour
Non-Residential
1 Room - Weekday $ 186-$248 $265 $276 per hour
Entire Facility - Weekday $377 $392 $408 per hour
1 Room - Weekend $ 233-$303 $324 $337 per hour
Entire Facility - Weekend $472 $496 $516 per hour
Refundable Deposit $500 $500 $500
Community Center Rental: Resident $80 $82 $85 per hour
Community Center Rental: Non-Resident $96 $100 $104 per hour Refundable Deposit $200 $200 $200
Volleyball Courts: Resident $26 $27 $28 per hour
Volleyball Courts: Non-Resident $31 $32 $33 per hour
Community Park Rentals:
Area 1, 2 and 3 (4 tables): Resident $100 $104 per day
Area 1, 2 and 3 (4 tables): Non-Resident $200 $208 per day Refundable Deposit $50 [NEW]
Lawn Area: Resident under 50 people $9 $45 $47 per day (previously per hour with 3 hour minimum) Lawn Area: Resident under 100 people $24 $120 $125 per day (previously per hour with 3 hour minimum) Lawn Area: Resident over 100 people $43 $225 $234 per day (previously per hour with 3 hour minimum) Lawn Area: Non-Resident under 50 people $30 $90 $94 per day (previously per hour with 3 hour minimum) Lawn Area: Non-Resident under 100 people $71 $240 $250 per day (previously per hour with 3 hour minimum) Lawn Area: Non-Resident over 100 people $129 $450 $468 per day (previously per hour with 3 hour minimum) Gazebo Area: Resident $72 $73 $73 per hour
Gazebo Area: Non-Resident $86 $90 $94 per hour
Refundable Deposit $200 $200 $200
proposed for 8/28/23
M.
Parks and Recreation Fees, cont. 2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis
Aquatics:
Daily Admission: Adult Resident $6 $6 $6 per person
Daily Admission: Adult Non-Resident $8 $9 $9 per person Daily Admission: Adult Non-Resident Summer $10 $11 $11 per person Monthly Pass: Adult Resident $60 $60 $60 per pass
Monthly Pass: Adult Non-Resident $84 $90 $90 per pass
Daily Admission: Youth/Senior Resident $4 $4 $4 per person Daily Admission: Youth/Senior Non-Res. $6 $6 $6 per person Monthly Pass: Senior Resident $37 $40 $40 per pass
Monthly Pass: Senior Non-Resident $58 $60 $60 per pass
Swim Lessons (8): Resident $72 $73 $80 per lesson package / $10 per class Swim Lessons (8): Non-Resident $87 $93 $96 per lesson package / $12 per class Semi-Private Swim Lessons (4): Resident $110 $112 $116 per lesson package Semi-Private Swim Lessons (4): Non Resident $133 $142 $148 per lesson package Private Swim Lession (4): Resident $153 $156 $162 per lesson package Private Swim Lession (4): Non-Resident $185 $198 $206 per lesson package Private Rentals: Resident (silver) $132 $135 $155 per party package Private Rentals: Resident (gold) $268 $273 $314 per party package Private Rentals: Non-Resident (silver) $161 $172 $198 per party package Private Rentals: Non-Resident (gold) $323 $346 $398 per party package Lifeguard Certification Class $204 $208 $216 per person, per session Piranha Swim Club: Resident $5 $5 $5 per person, per class Piranha Swim Club: Non-Resident $7 $7 $7 per person, per class Preschool/Youth Activities:
Club Rec Monthly $1,680 $1,714 $1,783 per person, per 10 months Club Rec Monthly: Non-Resident $2,016 $2,097 $2,181 per person, per 10 months Daily Camp Fee $34 $35 $39 per person, per day
Daily Camp Fee: Non-Resident $41 $42 $48 per person, per day Preschool:Resident $4 $5 $6 per person, per hour
Preschool:Non-Resident $4 $7 $8 per person, per hour
Club Rec: Enrichment Clubs $5 - $50 $5 - $50 $5 - $50 per person, per activity Youth Classes Based on cost of class Based on cost of class Based on cost of class per person, per activity Youth Sports $72 $75 $78 per person, per season
Processing Fee Based on cost of class Based on cost of class Based on cost of class Per class session or sports Transaction Fee - Drop in Class $1 $1 $1 Per class for drop in only Transaction Fee - For classes under $100 $10 $10 $10 Per class session or sport Transaction Fee - For Classes $100 and over $21 $21 $22 Per class session or sport proposed for 8/28/23
M.
Parks and Recreation Fees, cont. 2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis
Adult Sports:
Adult Softball $783 $799 $831 per team, per season
Adult Open Gym $4 $4 $4 per person, per class
Teens:
Teen Programs $10 - $100 $10 - $100 $10 - $100 per person, per activity Middle School Dances $5 $5 $5 per person, per activity
Seniors
Senior Programs $5 - $200 per person, per activity
Special Events:
Derby Kit $27 $28 $29 per derby kit
Pop-Up Events $5 - $100 $5 - $100 $5 - $100 per person, per activity Day in the Park - Event Tickets $1 $1 $1 per ticket
Community Night with the Giants Tickets $20 $20 $20 per ticket Concerts in the Park - Sponsorships $100 - $2,500 $100 - $2,500 $100 - $2,500 Parents Night Out Events $25 $25 $25 per person, per activity LUNAFEST - Event Tickets $20 - $100 $20 - $100 $20 - $100 per ticket LUNAFEST - Sponsorships $100 - $5,000 $100 - $5,000 $100 - $5,000 proposed for 8/28/23
M.
Finance Fees 2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis
F1 Deposit for Water and Service: Single/Commercial ($20 non-refundable) refundable deposit continues as F1 Deposit for Water and Service: Duplex ($20 non-refundable) current; $20 non-refundable fee F2 Deposit after 2nd Disconnection
F3 Penalty for delinquent payment (5 days prior to shut off) $5 $5 $5 max of fee or 5% of balance F5 24 hour notice (tagging) - (within 24 month period): 10th $50 $54 $54 F6 Water Turn On - After payment of delinquent account: 8a-4p $51 $55 $55 F6 Water Turn On - After payment of delinquent account: after 4p $130 $139 $139 F6a Water Turn On - After 3rd notice for backflow recertification $287 $307 $307 F7 Copy of Annual Budget $77 $82 $85
F8 Annual Financial Report $17 $18 $19
F9 Returned Check Charge (All Departments) $58 $62 $64
proposed for 8/28/23
M.
City Clerk Fees 2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis
C1 Agenda Packet Subscription: Regular $0 $0 $0
C1 Agenda Only: Regular (no packet, SASE from subscriber) $0 $0 $0 C1 Agenda by Email $0 $0 $0
C1 Agenda Subscription: Seniors/Students $0 $0 $0
C4 Copy of Election Documents $0 $0 $0
C5 Copy of Municipal Code Book $0 $0 $0
C6 Document Certification $2 $2 $2 in addition to per page fee C7 Annual Minutes Subscription: Regular Mail $142 $152 $158 C7 Minutes Subscription: Email $0 $0 $0
C8 Photocopying $0.35 $0.35 $0.35 per page; no labor time allowed C10 Tapes of Meetings (per tape) $17 $18 $19
C11 Transcription of Minutes $6 $6 $6 in addition to $50/hr contract C12 Campaign Statements $0.10 per page max by law
C13 General Research (per hour) - City Clerk cannot charge for labor time C13 General Research (per hour) - Deputy City Clerk cannot charge for labor time proposed for 8/28/23
M.
Police Fees 2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis
PO1 Copies of Reports $0 $0 $0
PO2 Alarm System Permits $0 $0 $0
PO3 Bicycle Registration $0 $0 $0
PO4 Booking Fee $0 $0 $0 Not charged to book suspects
PO5 Clearance & Good Conduct Letters: Resident $6 $6 $6 PO5 Clearance & Good Conduct Letters: Non-Resdident $35 $37 $38 PO6 Subpoena Dues / Tecum Processing (per hour) $35 $37 $38 PO7 Concealed Weapons Permit Process $65 $70 $73
PO8 Concealed Weapons Renewal Fee $0 $0 $0
PO9 Copies of Tape Recordings $33 $35 $36 plus actual cost PO10 Court Appearance All Personnel As per State law As per State law As per State law $275 deposit per day PO14 False Alarms - Structure $0 $0 $0
PO15 Fingerprinting Resident: Adult $32 $34 $35
PO15 Fingerprinting Resident: Minor $0 $0 $0
PO16 Fingerprinting Non-Resident $98 $105 $109
PO17 Massage Certificate of Registration $119 $127 $132 PO18 Massage Certificate of Registration Early Renewal $31 $33 $34 PO19 Special Event Permit (per hour) $0 $0 $0
PO20 Photograph Copies (plus actual costs) $90 $96 $100 PO21 Photograph Enlargements (plus actual costs) $90 $96 $100 PO22 Private Patrol Permit Fee $0 $0 $0
PO23 Repeat Nuisance Call (per hour) $0 $0 $0
PO24 Vehicle Releases / Enforcement $55 $59 $61
PO25 Vehicle Releases / Abandonment $55 $59 $61
PO26 Film Crew $546 $584 $607
PO27 Reposessed Vehicle Release $15 $15 $15 Capped by State Law proposed for 8/28/23
M.
2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis Fire Fees
"A" designates an Annual Permit; "EO" an Each Occurrence Permit; "A/EO" both FD1 Aerosol Products $246 $263 $274 A
FD4 Asbestos/Lead Coating Removal $378 $404 $420
FD5 Automobile Wrecking Yard $254 $272 $283 A
FD6 Apartment House (incl. condos & congregate res.)
3 units to 10 units $254 $272 $283 A
11 units to 20 units $320 $342 $356 A
Greater than 20 units $320 $342 $356 A, plus $1.30 per unit over 20 FD7 Battery system $126 $135 $140 A
FD8 $126 $135 $140 A/EO
FD9 Carnivals or Fairs $378 $404 $420 EO
FD11 Cellulose Nitrate Storage $316 $338 $352 A
FD12 Combustible Fiber Storage $254 $272 $283 A
FD13 Combustible Material Storage $254 $272 $283 A
FD14 Compressed Gases (in excess of the amts. listed in CFC, Table 105-A) $254 $272 $283 A FD15 Commercial Rubbish Handling Plant $368 $394 $410 A FD16 Cryogen's (in excess of the amounts listed in CFC, Table 105-B) $378 $404 $420 A FD17 Dry Cleaning Plants $254 $272 $283 A
FD18 Dust Producing Operations $254 $272 $283 A/EO
FD19 Explosives or Blasting Agents $378 $404 $420 EO
FD21 Fireworks Display (fees for standby Fire staff, when req'd, are add'l) $378 $404 $420 EO FD22 Flammable or Combustible Liquid Pipeline $378 $404 $420 A FD23 To Store, Handle or Use Flam/Combust. Liquids $189 $202 $210 A FD24 $378 $404 $420 A
To 10,000 gallons tank size:
1 tank $366 $392 $408 A
2-3 tanks $366 $392 $408 A, plus $125.00 per tank over the first 3 + tanks $489 $523 $544 A, plus $290.00 per tank over the first Over 10,000 to 100,000 gallons tank size:
1 tank $551 $590 $614 A
2-3 tanks $551 $590 $614 A, plus $290.00 per tank over the first 3+ tanks $732 $783 $814 A, plus $290.00 per tank over the first Over 100,000 gallons tank size:
1 tank $1,101 $1,178 $1,225 A
2-3 tanks $1,101 $1,178 $1,225 A, plus $312.00 per tank over the first 3+ tanks $1,101 $1,178 $1,225 A, plus $312.00 per tank over the first FD26 Tank Vehicles $189 $202 $210 A
FD27 $507 $542 $564 EO
FD30 Fumigation or Thermal Insecticidal Fogging: $189 $202 $210 FD 31 refer to Hazardous material table HM-1 below
FD32 High-Piled Combustible Storage $378 $404 $420 A
FD33 High-Rise Building Annual Inspection $378 $404 $420 A FD34 Hot work operations: $190 $203 $211 A
FD35 Hotels, Motels and Lodging Houses $254 $272 $283 A Install, Alter, Remove, Abandon, Place Temporarily Any
Hazardous Materials (to store, disperse, handle amounts in excess of the quantities listed in CFC table 105.620) (for cryogens, compressed gasses, flammable or comubustible liquids, and liquified petroleum gases, see respective permit categories elsewhere in this fee schedule)
Candles or Open Flames in Assembly Areas (may combine with assembly permit Flammable or Combustible Liquids in Tanks, vessels > 60 gal. capacity); largest proposed for 8/28/23
M.
2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis Fire Fees, cont.
"A" designates an Annual Permit; "EO" an Each Occurrence Permit; "A/EO" both FD36 Liquefied Petroleum Gases (except portable containers <125 gal. cap.) $254 $272 $283 A FD37 Liquid/Gas-Fueled Vehicles or Equipment in Assembly Buildings $190 $203 $211 EO FD38 Lumber Yards (over 100,000 board feet) $254 $272 $283 A FD39 Magnesium Working $190 $203 $211 A
FD40 Mall, Covered $378 $404 $420 A
FD41 Motor vehicle fuel dispensing stations: $378 $404 $420 A FD42 Occupant Load Increase $254 $272 $283 EO
FD43 Open Burning $254 $272 $283 EO
FD45 Ovens, Industrial Baking or Drying $254 $272 $283 A FD47 Places of Assembly (churches, schools, NPOs permitted at no fee) $31 $33 $34 A A-1, A-2, A-2.1 $299 $320 $333 A
A-3, A-4 $245 $262 $272 A
Special Assembly events $245 $262 $272 EO
FD48 $374 $400 $416 EO
FD50 Refrigeration Equipment $190 $203 $211 A
FD51 Repair Garage $254 $272 $283 A
FD52 Spraying or Dipping $254 $272 $283 A
FD53 Temporary membrane structures, tents, and canopies $254 $272 $283 EO FD54 Tire Storage $254 $272 $283 A
FD55 Wood Products (over 200 cu. ft.) $254 $272 $283 A
Construction Fire Permit Fees:
FD56 For other than 1 and 2 family dwellings:
- New (per sq. ft.) $0.22 $0.24 $0.25 per square foot; $330 minimum fee - Alteration (per sq. ft. of protected area, ) $0.22 $0.24 $0.25 per square foot; $206 minimum fee FD57 One and Two-family dwellings:
- New (per sq. ft.) $0.22 $0.24 $0.25 per square foot; $218 minimum fee - Alteration (per sq. ft. of protected area) $0.22 $0.24 $0.25 per square foot; $136 minimum fee FD 58 Fixed Extinguishing System Permit: New and Upgrade Installations $403 $431 $448 This includes one on site inspection FD 59 Fire Plan Check and resubmittal $150 initial and each resubmittal FD60 Fire Alarm Permit: $199 $213 $222 per 3,000 sq. ft.
FD61 Construction, Alteration & Renovation Permit
- Construction alteration $174 $186 $193 per 3,000 sq. ft.
FD62 Gas Piping System Installation Permit $316 $338 $352 FD63 Underground Fire Protection Piping Permit $449 $458 $467 Pyrotechnic Special Effects Material (fees for standby Fire staff, when required, Automatic Sprinkler System Permit (installation of suspended piping larger than proposed for 8/28/23
M.
2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis Fire Fees, cont.
"A" designates an Annual Permit; "EO" an Each Occurrence Permit; "A/EO" both Miscellaneous Fees:
FD64 Consultant Service Fee (actual cost plus admin fee) $50 $54 $56 per hour in addition to cost FD67 Document Review (per hour) $126 $135 $140 per hour FD68 Copy of Fire Report $19 $20 $21
FD69 False Alarm in Excess of 3 per Calendar Year (accidental or equipment) $158 $169 $176 FD70 Abatement cost plus administrative fee
FD71 Hydrant Flow Test $564 $603 $627
FD72 New Business Fire Inspection $192 $205 $213
FD73 Other Services (per half hour and portion thereof) $63 $67 $70 per half-hour FD74 Re-Inspection Fee (for each following second re-inspection) $129 $138 $144 FD75 Standby Engine Company $324 $347 $361 for 1st hour; $108 ea. add'l. 1/2 hr.
FD76 Standby Firefighter (1 hour minimum) $105 $112 $116 per hour FD77 Work Performed after Normal Working Hours (Callback is a 3-hr min) $190 $203 $211 per hour HM-1 Hazardous Materials Table Schedule:
Range Solids (pounds)
1 0 to 500 $358 $383 $398 A
2 >500 to 5,000 $501 $536 $557 A
3 >5,000 to 25,000 $670 $717 $746 A
4 >25,000 to 50,000 $977 $1,045 $1,087 A
5 >50,000 to 80,000 $1,414 $1,513 $1,574 A
6 >80,000 to 120,000 $2,046 $2,189 $2,277 A
7 >120,000 $2,663 $2,849 $2,963 A
Range Liquids (gallons)
1 0 to 55 $358 $383 $398 A
2 >55 to 550 $501 $536 $557 A
3 >550 to 2,750 $669 $716 $745 A
4 >2,750 to 5,500 $977 $1,045 $1,087 A
5 >5,500 to 10,000 $1,414 $1,513 $1,574 A
6 >10,000 to 15,000 $2,046 $2,189 $2,277 A
7 > 15,000 $2,663 $2,849 $2,963 A
Range Gas (cubic feet)
1 0 to 200 $277 $296 $308 A
2 >200 to 2,000 $501 $536 $557 A
3 >2,000 to 10,000 $669 $716 $745 A
4 >10,000 to 20,000 $977 $1,045 $1,087 A
Fire Hazard Abatement performed by City or City Contractor (including, but not limited to, combustible or flammable vegetation removal) 5 >20,000 to 40,000 $1,414 $1,513 $1,574 A
6 >40,000 to 60,000 $2,046 $2,189 $2,277 A
7 >60,000 $2,663 $2,849 $2,963 A
proposed for 8/28/23
M.
2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis Public Works Fees
"F/A" designates the need for a Force Account
PW 1 Grading Permit Plan Check
- 6-50 cub. yds. $101 $108 $112
- 51-100 cub. yds. $101 $108 $112
- 101-1,000 cub. yds. $407 $435 $452
- 1,001-10,000 cub. yds. $814 $871 $906
- 10,001-100,000 cub. yds. $4,378 $4,684 $4,871
- 100,001-200,000 cub. yds. $7,297 $7,808 $8,120
- 200,000 or more cub. yds. $14,597 $15,619 $16,244
PW 1a Geotechnical Peer Review Force Account minimum $5,000 PW 2 Grading Permit - Inspection:
- 0-5 cub. yds. (no permit required)
- 6-50 cub. yds. $404 $432 $449
- 51-100 cub. yds. $808 $865 $900
- 101-1,000 cub. yds. $14,491 $15,505 $16,125 or create a Force Account and billed on actual time - 1,001-10,000 cub. yds. $21,741 $23,263 $24,194 or create a Force Account and billed on actual time - 10,001-100,000 cub. yds. actual cost w/ F/A min $10,000 - 100,000 - 200,000 cub. yds. actual cost w/ F/A min $10,000 - 200,000 + cub. yds. actual cost w/ F/A min $10,000
PW 2a Grading Permit - SWPPP Compliance
Single Parcel (assessed every 2 reviews) $142 $152 $158 plus actual cost insp w/F/A min $591 Subdivision subject to Map Act Provisions (assessed every 2 reviews) $571 $611 $635 plus actual cost insp w/F/A = actual cost of erosion control plan Development subject to C.3 Provisions (assessed every 2 reviews) $1,145 $1,225 $1,274 plus actual cost insp w/F/A = actual cost of erosion control plan PW 3 Blasting Permit $814 $871 $906
PW 4 Special Permit (after hours work), plus actual cost of inspection/work $204 $218 $227 F/A min $500 for Inspection PW 5 Grading Permit (paving), plus actual cost of inspection/work $204 $218 $227 F/A min $500 for Inspection PW 6 Grading Permit (drainage alteration), plus actual cost of inspect/work $204 $218 $227 F/A min $500 for Inspection PW 7 Truck Haul Permit $101 $108 $112
PW 7a Truck Haul Impact Fee (per cubic yard, $90 minimum fee) $0.53 $0.57 $0.59 PW 7b Late Fee related to Truck Haul Permits 1% 1% 1% per month on outstanding of more than 60 days PW 8 Encroachment Permit (hourly inspect. cost) $101 $108 $112 plus actual cost insp w/F/A min $500 PW 9 Site Work Permit - Engineering Review (assessed every 2 reviews) $405 $433 $450 PW 9a Site Work Permit - Retaining Wall Design Force Account minimum $5,000 PW 9b Site Work Permit - Fast Track Review (each occurrence) $387 $414 $431 PW 10 Tentative Parcel Map Review $551 $590 $614
PW 11 Final Parcel Map Review $551 $590 $614 plus actual cost LS reviw (requires $1,500 F/A min) proposed for 8/28/23
M.
2021/22
Adopted Fee
2022/23
Adopted Fee
2023/24
Proposed Fee
Basis
PW 12 Water Installation - Inspection and Meter
- 5/8" meter $588 $498 $507 2 Hours PW Inspector time plus cost of meter Public Works Fees, cont.
"F/A" designates the need for a Force Account
- 3/4" meter $588 $516 $525 2 Hours PW Inspector time plus cost of meter - 1" meter $654 $554 $563 2 Hours PW Inspector time plus cost of meter - 1.5" Meter $1,001 $908 $917 2 Hours PW Inspector time plus cost of meter - 2" meter $1,428 $1,416 $1,434 4 Hours PW Inspector time plus cost of meter - 3" meter $2,888 $2,557 $2,575 4 Hours PW Inspector time plus cost of meter - 4" meter $3,388 $2,986 $3,004 4 Hours PW Inspector time plus cost of meter PW 13 Sanitary Sewer Lateral Installation - Inspection
Single Family Unit $294 $300 $309 2 Hours PW Inspector time Multiple Unit Dwelling $588 $600 $618 4 Hours PW Inspector time Commercial, Industrial, Public & Other Uses $588 $600 $618 4 Hours PW Inspector time PW 14 Final Subdivision Map $7,036 $7,529 $7,830 Plus $500 per lot PW 15 Fire Hydrant Flow Test $755 Cost of hydrant [NEW] PW 16 Water, Sewer, Storm Drain system capacity modeling $450 Force Account minimum $5,000 [NEW] proposed for 8/28/23
M.
File Attachments for Item:
N. City of Brisbane Local Stormwater Program Fees
1. Open the Public Hearing and take public comment. Close the Public Hearing, and if appropriate, overrule any objections to the imposition of fees related to the National Pollutant Discharge Elimination System (NPDES)
2. Consider adoption Resolution, “A Resolution of the City Council of the City of Brisbane Imposing Charges for Funding the Local Brisbane Stormwater Program, Authorizing Placement of Said Charges on the 2023-2024 County Tax Roll and Authorizing the County Tax Collector to Collect Such Charges.”
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City of Brisbane Local Stormwater Program Fees
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CITY COUNCIL AGENDA REPORT
Meeting Date: July 29, 2023
From: Keegan Black, Regional Compliance Program Manager Subject: City of Brisbane Local Stormwater Program Fees Community Goal/Result
Ecological Sustainability
Purpose
To provide a public hearing and consider imposition of annual tax roll charges that fund Brisbane's Local Stormwater Program, which minimizes discharge of pollutants to San Francisco Bay in accordance with federally mandated permit requirements.
Recommendation
1. Open the Public Hearing and take public comment. Close the Public Hearing, and if appropriate, address any objections to the imposition of fees related to the NPDES Program.
2. Adopt a “A Resolution of the City Council of the City of Brisbane Imposing Charges for Funding the Local Brisbane Stormwater Program, Authorizing Placement of Said Charges on the 2023- 2024 County Tax Roll, and Authorizing the County Tax Collector to Collect Such Charges.” Background
In 1987, the Environmental Protection Agency, under amendments to the 1972 Clean Water Act, imposed regulations that mandate control and reduction of pollutants in stormwater runoff through the National Pollutant Discharge Elimination System (NPDES) permitting program. In the Bay Area, under the authority of the Porter-Cologne Water Quality Control Act, the San Francisco Bay Regional Water Quality Control Board (Water Board) issues and enforces municipal stormwater NPDES permits.
A revised Municipal Regional Stormwater Permit (MRP 3.0), which applies to all municipalities throughout San Mateo, Santa Clara, Alameda, and Contra Costa counties, as well as the cities of Fairfield, Suisun City, and Vallejo, was approved by the Water Board in late 2022. This permit mandates specific actions, implementation levels, and reporting requirements that each municipality must meet. Failure by municipalities to comply with these new permit requirements may result in significant enforcement action by the Water Board. 1 of 17
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Discussion
There are two programs that provide stormwater management locally; the Countywide Stormwater General Program (which assesses Basic Fees and Additional Fees) overseen by the City/County Association of Governments of San Mateo County (C/CAG), and the City of Brisbane's own Local Stormwater Program.
The proposed Resolution imposes charges only for the City of Brisbane Local Stormwater Program, and authorizes the County Tax Collector to place such charges on the property tax roll.
City Council Resolution 2005-29 previously authorized the San Mateo County Flood Control District to collect the Basic Fees of the Countywide Stormwater General Program directly from property owners in Brisbane. These charges are also placed on the property tax roll.
The City Council elected to pay the Additional Fees of the Countywide Stormwater General Program directly to C/CAG when these fees were first imposed, rather than placing these charges on the property tax roll. (Since its inception, the Additional Fee amount increases annually based on the Consumer Price Index; this year’s amount is expected to be approximately $11,884) The total fee assessment (charges) per the 2023 Engineer’s Report is approximately $52,000. The annual charge per parcel is not changed from previous years. Based on previous years’ actual collections, the estimate of fees that will be collected is $52,000.
For detailed information on both of these overall programs, including the calculation of charges, please see the 2023 Engineer's Report, included as Attachment 2.
Fiscal Impact
The city’s recommended local NPDES program budget for 2023-2024 is: $582,377 The 2023 Engineer's Report for Stormwater Management Fees estimated a previous years’ actual property tax revenue for the City's Local Stormwater Program of approximately: $52,000
Revenues from solid waste franchise fees $100,000
(designated for trash capture activities, both increased street cleaning and sweeping and maintenance of trash capture devices)
Anticipated revenues from Measure M ($10 vehicle registration fee) $22,000 The budget shortfall for this program is therefore: $408,377 The City’s costs to maintain compliance with the various clean water requirements (frequently referred to as NPDES) have increased significantly since the Water Board’s 2015 issuance of the Municipal Regional Permit (MRP 2.0).
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The following general description indicates the large number of city employees who participate both in daily/weekly activities to comply with the MRP, and who also attend regular meetings with C/CAG to address permit requirements:
• Director of Public Works/City Engineer – overall permit compliance, illicit discharge control, construction controls, serves as Chairperson of C/CAG Stormwater Committee • Regional Compliance/Maintenance Program Manager – facilities inspections, trash capture program, corporation yard site controls, and new MRP 3.0 requirements such as PCB and mercury regulations, green infrastructure requirements, unsheltered populations and additional cost and asset management reporting.
• Senior Planner – new development controls, copper controls, PCB controls • Deputy Director of Public Works (Utilities) – monitoring potable water discharges, storm drain maintenance
• Deputy Director of Public Works – street sweeping
• Team Leader (Buildings & Grounds) – pesticides toxicity control • Team Leader (Utilities) – trash capture device cleaning, potable water discharge monitoring • Public Works Inspector – construction controls
• Administrative Assistant – assists with overall permit compliance, public information and outreach, compiles annual report
Pending implementation of the recently passed SB 231 Stormwater Capture bill (Herzberg, 2017), Council may wish to pursue increasing assessments to begin to address the above listed shortfall.
Measure of Success
Approval of the Engineer’s Report will allow for the ongoing compliance with the California State Water Resources Control Boards Municipal Regional Permit.
Attachments
1. Resolution No. 2023-XX
2. 2023 Engineer’s Report for Stormwater Management Fees __________________________ __________________________
Randy Breault, Director of Public Works/City Engineer Clay Holstine, City Manager 3 of 17
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RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE IMPOSING
CHARGES FOR FUNDING THE LOCAL BRISBANE STORMWATER PROGRAM, AUTHORIZING PLACEMENT OF SAID CHARGES ON THE 2023-2024 COUNTY
TAX ROLL, AND AUTHORIZING THE COUNTY TAX COLLECTOR TO COLLECT
SUCH CHARGES
WHEREAS, the Environmental Protection Agency, under the 1987 amendments to the Federal Clean Water Act, imposed regulations that mandate local governments to control and reduce the amount of storm water pollutant runoff into receiving waters; and WHEREAS, under the authority of the California Porter-Cologne Water Quality Control Act, the State Water Resources Control Board has delegated authority to its Regional Water Quality Control Boards to invoke permitting requirements upon counties and cities; and WHEREAS, in 1993 and 1999, the San Francisco Bay Regional Water Quality Control Board issued countywide National Pollutant Discharge Elimination System (NPDES) stormwater permits to all municipalities within San Mateo County; and
WHEREAS, in fall of 2022, the San Francisco Bay Regional Water Quality Control Board issued a new NPDES stormwater permit, the Municipal Regional Stormwater Permit MRP 3.0 that applies to all municipalities within San Mateo County and other portions of the Bay Area; and WHEREAS, the efforts for the control of stormwater pollution under the Municipal Regional Stormwater Permit require a Local Brisbane Stormwater Program; and WHEREAS, Section 5471 of the California Health and Safety Code and Section 13.06.060 of the City’s Storm Water Ordinance authorize imposition of charges for a Local Brisbane Stormwater Program; and
WHEREAS, said Local Brisbane Stormwater Program has been submitted to the City Council pursuant to the 2023 Engineer's Report for Stormwater Management Fees, which includes mandated tasks and associated costs, and an estimated amount to be collected of $52,000; and WHEREAS, the City held a public hearing to consider imposition of annual tax roll charges that fund the Local Brisbane Stormwater Program; and
WHEREAS, the San Mateo County Tax Collector has agreed to place such charges on the 2023- 2024 County Tax Roll.
NOW, THEREFORE, BE IT RESOLVED THAT
1. The City Council of the City of Brisbane hereby adopts the 2023 Engineer’s Report for Stormwater Management Fees as filed with the City Clerk and overrules any objections or protests to the Engineer’s estimate of costs and user fee structure, or to the implementation of the stormwater management program described therein. 4 of 17
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2. The County Controller is hereby authorized to place the City of Brisbane Local Stormwater Management Fees on the fiscal year 2023-2024 County Tax Roll, and that the County Tax Collector be and hereby is authorized to collect such charges in the same manner, by the same person, and at the same time as, together with and not separately from, the general taxes applicable to real property in the City of Brisbane, as follows:
Single Family (R-1&2) $9.48
Multi Family (R-3) $21.64
Commercial/Industrial (1) $19.94
Commercial/Industrial (2) $254.20
Vacant Land (3) $18.34
Vacant Land (4) $55.16
Vacant Land (5) $212.18
Vacant Land (6) $927.80
(1) Land use designation generally within Central Brisbane and Southwest Bayshore. (2) Land use designation generally within all other areas except areas included in (1). (3) Vacant land with an area less than 1 acre.
(4) Vacant land with an area greater than 1 acre but less than 5 acres. (5) Vacant land with an area greater than 5 acres but less than 20 acres. (6) Vacant land with an area greater than 20 acres.
3. The cost for such service, $1.35 per parcel, is hereby authorized to be retained by the County from such collections, the balance of which is to be remitted to the City of Brisbane.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a copy of this Resolution to the San Mateo County Board of Supervisors.
Regularly passed and adopted this 29th day of June, 2023.
Madison Davis
Mayor
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 June 29th, 2023, by the following vote:
AYES:
NOES:
ABSENT:
Ingrid Padilla
City Clerk
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2023 ENGINEER'S REPORT for
STORMWATER MANAGEMENT FEES
1 2023 ENGINEER'S REPORT
for
STORMWATER MANAGEMENT FEES
Purpose
The purpose of this report is to define the City of Brisbane stormwater management program and the method utilized in determining the user fee structure to be applied by Assessor's Parcel Number (APN) and to appear on the County Tax Roll for Fiscal Year 2023-2024.
History
The Environmental Protection Agency, under the 1987 amendments to Section 402(p) of the Clean Water Act, imposed regulations mandating local governments manage stormwater discharges as a means of reducing pollution in public bodies of water. The California State Water Resources Control Board delegated enforcement authority to the Regional Water Quality Control Boards (RWQCB) to ensure compliance with the Clean Water Act. The San Francisco Bay RWQCB, under Section 13370 et seq of the California Water Code, requires the City of Brisbane and all other municipal stormwater dischargers in San Mateo, Santa Clara, Alameda, and Contra Costa counties, as well as the cities of Fairfield, Vallejo, and Suisun City to control significant sources of stormwater pollution as co-permittees under a Municipal Regional Stormwater Permit 3.0, referenced as Order R2-2015-0049 and National Pollutant Discharge Elimination System (NPDES) Permit No. CAS612008.
As a condition of the Municipal Regional Stormwater Permit, the City of Brisbane and other municipal stormwater dischargers are required to meet specific requirements in a variety of program areas that address the multiple potential pollutant sources that can impact a municipal storm drain system. Compliance efforts in San Mateo County are implemented in two ways:
those that have countywide benefit or significance are implemented by the City/County Association of Governments of San Mateo County (C/CAG) through its San Mateo Countywide Water Pollution Prevention Program (Countywide Program), and those that are specific to a local jurisdiction are implemented through municipality-specific programs. Administration of Brisbane's local program is primarily managed by the City's Public Works Department.
STORMWATER MANAGEMENT PROGRAM
Background Information
The process of urbanization increases rainwater runoff. As trees and grass are cleared, pervious ground cover is frequently replaced by impervious concrete, asphalt, or brick. Rainwater can no longer seep into the ground. If this stormwater is not properly managed, flooding may result.
Often, municipal drainage systems are designed for flows resulting from pre-development runoff, and become undersized when impervious area is increased by building structures, driveways, and parking lots. Further, increased stormwater runoff makes areas not covered by impervious materials more susceptible to erosion, and as a result, sediment may discharge to the storm drain system.
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2 Stormwater runoff flowing over man-made surfaces such as roads and parking lots can also contribute to water quality degradation. The natural purification that occurs when water flows through the subsurface is lost. As rainwater flows over impervious surfaces, it can pick up pollutants such as engine oils, pesticides, fertilizers, and trace metals like lead, copper, or zinc.
These contaminants are frequently toxic to humans and aquatic life.
Stormwater pollution can come from point and non-point sources. Point sources are attributable to a distinct point of discharge, such as a pipe into a water body. Point source pollution can include illegal storm drain connections at industrial facilities or cross connections between sanitary and storm sewer systems. Non-point source pollution, such as overland flow or sheet runoff, is not attributable to a distinct point of discharge, and is a major contributor to water quality degradation in California. Problems that magnify non-point source pollution include channel erosion, sedimentation due to construction and land development, hydrologic modification, physical habitat alteration, excessive or poorly timed application of pesticides and fertilizers, natural or engineered agricultural subsurface drainage, septic systems, livestock grazing, and urban runoff. Oil and grease from parking lots and driveways, nutrients, littering, animal waste, accidental spills, soil erosion and air pollution all contribute to non-point source discharges in urban areas. Urban runoff is the focus of stormwater pollution prevention regulations in Brisbane.
Program Structure
The Municipal Regional Permit requirements implemented at both the Countywide Program and municipality-specific levels fall into seven main program areas, the central focus of each being summarized as follows:
1. Municipal Government Maintenance Activities - Ensure development and implementation of appropriate Best Management Practices by all municipalities to control and reduce nonstormwater discharges and polluted stormwater to storm drains and watercourses during operation, inspection, and routine repair and maintenance activities of municipal facilities and infrastructure.
2. New Development and Construction Controls – Use planning authorities to include appropriate source control, site design, and stormwater treatment measures in new development and redevelopment projects to address both soluble and insoluble stormwater runoff pollutant discharges and prevent increases in runoff flows from new development and redevelopment projects. This goal is to be accomplished primarily through the implementation of low impact development techniques. Municipalities also implement a construction site inspection and control program at all construction sites, with follow-up and enforcement consistent with an enforcement response plan, to prevent construction site discharges of pollutants and impacts on beneficial uses of receiving waters.
3. Industrial, Commercial, and Illicit Discharge Controls A. Industrial and Commercial Site Controls – Implement an industrial and commercial site control program at all sites which could reasonably be considered to cause or contribute to pollution of stormwater runoff, with inspections and effective follow-up 7 of 17
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3 and enforcement to abate actual or potential pollution sources consistent with an enforcement response plan to prevent discharge of pollutants and impacts on beneficial uses of receiving waters.
B. Illicit Discharge Detection and Elimination – Implement illicit discharge prohibitions and ensure illicit discharges are detected and controlled. Municipalities shall develop and implement an illicit discharge program that includes an active surveillance component and a centralized complaint collection and follow-up component to target illicit discharge and non-stormwater sources.
4. Public Information and Outreach – Increase the knowledge of the target audiences regarding the impacts of stormwater pollution on receiving water and potential solutions to mitigate the problems caused, change the waste disposal and runoff pollution generation behavior of the target audiences by encouraging implementation of appropriate solutions, and involve various citizens in mitigating the impacts of stormwater pollution.
5. Water Quality Monitoring – Perform water quality monitoring activities to address specific management questions related to the health of San Francisco Bay and local receiving waters, including status and trends monitoring and pollutants of concern/long-term trends monitoring. Additional specific monitoring projects are required, including projects addressing water quality stressor/source identification, Best Management Practices effectiveness evaluations for stormwater treatment or hydrograph modification control, and geomorphic analyses to identify how and where creeks can be restored or protected to costeffectively reduce the impacts of pollutants, increased flow rates, and increased durations of urban runoff.
6. Pollutants of Concern
A. Pesticides Toxicity Control – Implement control programs to prevent the impairment of urban streams by pesticide-related toxicity. The control programs addresses municipalities' and others' use of pesticides within municipal jurisdictions that pose a threat to water quality and have the potential to enter the municipal storm drain system. Pesticides of concern include organophosphorous pesticides, pyrethroids, carbamates, and fipronil.
B. Trash Load Reduction – Implement control measures and other actions to reduce trash loads from municipal storm sewers by 70% by 2017, 90% by 2023 and 100% trash load reduction or no adverse impacts to receiving waters from trash by 2025.
This includes developing and implementing Short and LongTerm Trash Load Reduction Plans, which includes installation and maintenance of trash capture devices within the storm drain system, enhanced street sweeping and targeted On-Land Cleanups and cleanup and abatement progress on trash hot spots.
C. Mercury and Polychlorinated Biphenyls (PCBs) – Initiate control programs for mercury and PCBs to implement the urban runoff requirements of the San Francisco Bay mercury and PCBs Total Maximum Daily Loads (TMDLs) and reduce mercury and PCB loads to make substantial progress toward achieving the urban runoff load allocations established in the mercury and PCBs TMDLs. These programs include 8 of 17
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4 pilot projects to investigate and abate mercury and PCB sources in drainages, including public rights-of-way, and stormwater conveyances with accumulated sediment that contain elevated mercury and PCB concentrations, to evaluate and enhance municipal sediment removal and management practices, to evaluate on-site stormwater treatment via retrofit, and diversion of dry weather and first flush flows to publicly owned treatment works.
D. Copper Controls – Implement control measures identified in the Regional Water Quality Control Board's Basin Plan to support approved copper site-specific objectives for San Francisco Bay. Control measures include managing waste generated from cleaning and treating copper architectural features, managing discharges from pools, spas, and fountains that contain copper-based chemicals, engage in efforts to reduce copper discharged from automobile brake pads to surface waters via urban runoff, and ensuring proper management of copper by industrial sources.
E. Polybrominated Diphenyl Ethers (PBDEs), Legacy Pesticides, and Selenium – Implement programs to gather concentration and loading information for PBDEs, legacy pesticides, and selenium to identify, assess, and manage controllable sources of these pollutants in urban runoff, if any.
7. Exempted and Conditionally Exempted Discharges – Implement programs to ensure discharges to the storm drain system with minimal pollutant concern, such as uncontaminated groundwater, diverted stream flows, and pumped groundwater from foundation drains are properly managed and monitored to eliminate adverse impacts to receiving waters.
COUNTYWIDE PROGRAM
The Countywide Program centrally manages the efforts that provide overall benefits to the County and all cities and towns within the county involved with implementation of the Municipal Regional Permit requirements. The seven permit components described above delineate work tasks to be undertaken and completed during the 2023-2024 fiscal year.
The 2023-2024 NPDES Countywide Program Budget was adopted by C/CAG on June 8, 2023 in the amount of $3,607,956. The City of Brisbane is required to contribute proportionate funding to the Countywide Program. This funding is divided into two categories, the Basic and the Additional Fees. The Basic Fee was established to fund the original Countywide Program activities when the NPDES permit was first adopted. The Additional Fees were established to fund additional Countywide Program activities required by the Regional Board subsequent to establishment of the Basic Fees.
The Basic and Additional Fees are calculated as follows:
Basic Annual Charges:
• Single Family Residence: $3.44/parcel
• Miscellaneous, Agriculture, Vacant and Condominium: $1.72/parcel • All Other Land Uses: $3.44/parcel for the first 11,000 square feet plus $0.32 per 1,000 additional square feet of parcel area
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5 Additional Annual Charge (Adjusted Annually by Consumer Price Index):
• Single Family Resident: $4.16/parcel
• Miscellaneous, Agriculture, Vacant and Condominium: $2.08/parcel • All Other Land Uses: $4.16/parcel for the first 11,000 square feet plus $0.38 per 1,000 additional square feet of parcel area
The Countywide Program’s Basic and Additional Fees for 2023-2024 that will be charged to the City of Brisbane are estimated at approximately $9,115 and $11,286, respectively. The City of Brisbane has historically authorized the Countywide Program to assess and collect the Basic Fees directly through separate property tax assessments, whereas the Additional Fees are paid to C/CAG out of the City’s General Fund. This approach prevents the Additional Fees from being billed to property owners.
CITY OF BRISBANE LOCAL PROGRAM
City Facilities
The City of Brisbane is responsible for all public drainage facilities within its jurisdiction that collect stormwater and convey it to San Francisco Bay. Brisbane’s facilities include the City's streets, curbs and gutters, catch basins, pipelines, culverts, and open channels.
Stormwater is collected from private property and public streets in two open channels; the Guadalupe Valley Municipal Improvement District (GVMID) Basin Channel and the Bayshore Storm Drain Basin Channel. This stormwater is generally conveyed through these channels to underground box culverts which ultimately outfall to the Bay. The GVMID Basin Channel outfall delivers stormwater via the Lagoon box culvert. This outfall receives water from most of Central Brisbane as well as the Guadalupe Valley and discharges this water into the Lagoon.
Stormwater that enters the Lagoon eventually flows to the Bay through two box culverts under US 101. The Bayshore Storm Drain Basin Channel receives stormwater mainly from the undeveloped land in northern Brisbane as well as portions of Daly City and discharges this water to the Bay through a single box culvert under US 101. Stormwater from Sierra Point generally outfalls to the Bay through multiple culverts located along the perimeter of the Sierra Point Peninsula.
During normal rainfall, flooding potential in Brisbane is low. During heavy rains, however, localized flooding can and has occurred in some areas. Some trunk lines, drain pipes, catch basins and other structures are undersized, and additional catch basins are needed. The City’s 2003 Storm Drainage Master Plan proposed Capital Improvement Projects to address these issues.
Local Program Elements
The following is a description of City-specific actions that will be implemented to meet the Municipal Regional Stormwater Permit requirements that were generally described previously in this report. These descriptions detail the City-specific efforts that will be performed to address these requirements. Following this description is a summary of the City's stormwater budget for 2023-2024.
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6 1. Municipal Government Maintenance Activities - This program is intended to prevent pollution of stormwater runoff through improvements in municipal government maintenance activities and associated programs. This program focuses on preventing nonstormwater discharges or polluted stormwater associated with street and road repair and maintenance activities, sidewalk/plaza maintenance and pavement washing, bridge and structure maintenance and graffiti removal, and implementing management measures at the City corporation yard. This program includes contractual street sweeping services, development and implementation of a Stormwater Pollution Prevention Plan for the corporation yard, management of the City's maintenance contractors, and participation in Countywide Program subcommittees and activities related to municipal maintenance.
2. New Development and Construction Controls – This program focuses on controlling stormwater pollution from construction sites, new developments, and redevelopment areas. Tasks include developing and implementing planning, inspection, and enforcement procedures, developing and implementing requirements for post-construction controls, inspecting stormwater treatment measures to ensure proper operation and maintenance, and providing education and training to construction site operators. The Municipal Regional Stormwater Permit require municipalities to ensure applicable new and redevelopment projects manage stormwater runoff using Low Impact Development techniques, primarily focused on harvesting and use, evapotranspiration, and infiltration to groundwater. This program includes implementation of planning procedures to ensure all applicable projects incorporate appropriate site design, source control, and stormwater treatment measures.
3. Industrial, Commercial, and Illicit Discharge Controls a. Industrial and Commercial Site Controls – This element of the program is designed to control pollutants discharged to municipal storm drains from commercial and industrial facilities. Specific focus is placed upon facility inspection, providing information and assistance to facility managers about reducing pollutants in stormwater from these facilities, and implementing escalating enforcement responses for instances of non-compliance. This program includes staff participation in Countywide Program subcommittees and compliance with the requirements to develop and implement an information/inspection program, in coordination with existing County Health department commercial/industrial inspection programs.
b. Illicit Discharge Detection and Elimination – This program element focuses on identifying and eliminating illicit discharges to the storm drain system by identifying major outfalls, conducting inspections of the storm drain system, identifying and eliminating illicit connections, inspecting for evidence of illegal dumping and tracking illicit discharges to their sources, providing information to the public about proper disposal alternatives, and implementing an effective enforcement response plan. This program includes staff participation in Countywide Program activities, City staff monitoring of illicit discharges in coordination with County Hazardous Waste Inspectors, and compliance with inspection procedures and enforcement activities.
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7 4. Public Information and Outreach – This program is intended to inform the public about sources of stormwater pollution, how it reaches local waterways, types of common activities that contribute to stormwater pollution, its effects on receiving waters, and to encourage public involvement in reducing the amount of pollutants entering the City's storm drain system. The public information component of this program overlaps with other program elements described below. This program includes participation in Countywide Program activities, dissemination of educational materials, including the preparation of periodic notices to be placed in the local media, and the planning and implementation of local community volunteer activities.
5. Water Quality Monitoring – This element of the program on the City level is to support Countywide Program staff in performing required monitoring activities as part of a Regional Monitoring Collaborative with other Bay Area stormwater permittees. This program element includes participation in Countywide Program activities and providing input to Countywide Program staff on proposed monitoring activities and programs.
6. Pollutants of Concern
a. Pesticides Toxicity Control – This element of the program includes implementation of the City's adopted Integrated Pest Management resolution and ensuring less toxic methods of pest control in all City operations, including activities performed through contractors. City staff also provides outreach materials on less-toxic methods of pest control to the public. This program element includes participation in Countywide Program activities and supporting the Our Water Our World program implementation in local retailers selling pest control materials.
b. Trash Load Reduction – This element of the program includes developing and implementing Short and Long-Term Trash Load Reduction plans, identification and annual cleanup/assessment of one trash hot spot, and implementation of various control measures to reduce trash loadings in the City's storm drain system.
This program also includes participation in Countywide Program's trash control subcommittee.
c. Mercury and Polychlorinated Biphenyls (PCBs) – This program element includes providing support to Countywide Program staff on implementation of the required programs and pilot projects for addressing mercury and PCBs. These program elements are primarily managed at the Countywide Program level; however this program element includes funding for City staff participation in relevant Pollutant of Concern subcommittees and activities. The City will investigate opportunities for Green Infrastructure installations to meet our portion of San Mateo County’s mercury reduction goals.
d. Copper Controls – This program element includes participation and support of Countywide Program efforts directed at regional copper management issues, such as the statewide Brake Pad Partnership, and implementation of local planning, inspection, education, and enforcement efforts to address stormwater discharges 12 of 17
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8 from any permitted architectural copper installations or pool, spa, and fountain discharges containing copper algaecides. This program includes City participation in Countywide Program subcommittees and activities related to copper controls.
e. Polybrominated Diphenyl Ethers (PBDEs), Legacy Pesticides, and Selenium – This program is primarily managed at the Countywide Program level and includes City staff participation in relevant Countywide Program subcommittees and activities.
7. Exempted and Conditionally Exempted Discharges – This program element includes management and oversight of exempted and conditionally exempted discharges to the City's storm drain system to ensure compliance with permit conditions. This includes City staff implementing management measures for potable water discharges to the storm drain system and ensuring appropriate conditions of approval on new and redevelopment projects to properly manage any exempted or conditionally exempted discharges. This program includes City participation in Countywide Program subcommittees and activities related to exempted and conditionally exempted discharges.
8. Establish Program and Collect Fees – Implementation of the program requires the City’s Finance Department to manage the NPDES Fund and the County Flood Control District to collect the City's Local Program fee in the same manner as the Countywide Program fee.
This program includes the Additional Annual Fee collected by C/CAG and funded from the City’s General Fund.
Summary of Budget Department 6140 (NPDES)
1. Salaries and Benefits $ 346,980
2. Services and Supplies (excluding anticipated Additional Fees) $ 99,601
3. Annual C/CAG NPDES Additional Fees (from General Fund) $ 11,884
4. Indirect Costs $ 123,912
TOTAL $ 582,377
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9 USER FEE FORMULA
Method
The City of Brisbane developed a formula for calculating stormwater fees that remains unchanged since it was first utilized after stormwater fees were authorized by the Council in July 1994. The user fee formula is based on two distinct concepts: (1) an administrative fee should be shared equally by all parcels to cover program administration costs; and (2) an assessment fee should be charged in proportion to the storm drainage service utilized and the amount of pollutants or sediment generated by each type of parcel. Average parcel square footage and assumptions explained below regarding the types of land uses for each zone were used to develop an equitable assessment fee structure.
Generally speaking, residential properties contribute equal amounts of water to the storm drain system. For this reason, the formula charges single-family residential properties a uniform user fee based on estimated runoff from an average single-family property. This practice is common in other cities and is equitable because these properties benefit equally from City-wide services such as public streets, sidewalks and parking.
On average, 50% impervious cover per parcel is generally accepted as the typical impervious area for a single-family residential dwelling. Using an average single-family parcel area of 4,823 square feet and 50% impervious cover, a standard impervious area of 2,411 square feet was defined as an Equivalent Single-family Unit (ESU). In determining the assessment portion of the stormwater user fee for the various parcels in the City, the following formula is used:
User Fee = Single Family Fee x (Number of ESUs)
The impervious area for non-residential properties and vacant land was devised by use of runoff area and general land characteristics and use. As shown on Exhibit A, entitled “Storm Drain Program Rate Analysis,” small commercial and industrial land uses are estimated to have approximately 100% runoff area, large commercial and industrial land uses are estimated to have approximately 80% runoff area, and vacant land is estimated to have 20-50% runoff area, as opposed to single family residential properties, which are estimated to have approximately 50% impervious area. These estimates, along with the other land use runoff area estimates on the attachment, are all consistent with the general runoff coefficients used in standard engineering practices.
For the storm drain user fee formula, current land use classifications are generally consolidated into the following four categories and further broken down to group commercial/industrial and vacant land by average lot size:
1. Single-Family Residential (R-1 and R-2) - This classification is based upon 50% impervious area which equate to a runoff coefficient of 0.5.
2. Multi-Family High Density (R-3) - All the remaining residential classifications are based upon the assumption that the higher density properties, which generally consist of the apartments along San Bruno and Visitacion Avenues and the trailer park, have approximately 100% 14 of 17
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10 impervious surface area, as opposed to 50% for single-family properties. This 100% impervious surface area equates to a runoff coefficient of 1.0.
3. Commercial/Industrial (1) & (2) - These classifications are based upon the assumption that most small commercial/industrial land uses in Brisbane (Commercial (1)) have a 100% impervious surface area and larger commercial/industrial land uses, (Commercial (2)) have an 80% impervious surface area, as opposed to 50% for single-family properties. These impervious surface areas equate to runoff coefficients of 1.0 for Commercial (1) and 0.8 for Commercial (2).
4. Vacant Land (3), (4), (5) & (6) - Vacant Land (3) accounts for smaller lots with an area less than 1 acre and with increased runoff coefficients. Vacant Land (4) accounts for mid-sized lots with an area greater than 1 acre but less than 5 acres. Vacant Land (5) accounts for larger lots with an area greater than 5 acres but less than 20 acres. Vacant Land (6) accounts for larger lots with an area greater than 20 acres. These classifications are based upon the assumptions that the smaller parcels have higher runoff coefficients based upon their size and proximity and the larger parcels have little or no impervious surfaces and a typical runoff coefficient of 0.2 to 0.5, as opposed to 0.5 for single-family properties.
In developing the total ESUs, the following uses were designated exempt from fee collection:
City Government Activities, Federal and State Government Activities, and Unclassified.
As previously indicated, the City’s user fee formula remains unchanged from inception. The charges per parcel include an administrative fee of $4.50 and the additional fee per ESU of $4.98. The following table details the total annual charges per parcel based on land use type, which remain unchanged from previous years:
ESU Annual Charge
Per Parcel**
Single Family Residential 1.00 $9.48
Multi-Family High Density Residential 3.44 $21.64
Commercial/Industrial (1) 3.10 $19.94
Commercial/Industrial (2) 50.14 $254.20
Vacant Land (3)* 2.78 $18.34
Vacant Land (4)* 10.17 $55.16
Vacant Land (5)* 41.70 $212.18
Vacant Land (6)* 185.40 $927.80
(1) Land use designation generally within Central Brisbane and Southwest Bayshore (2) Land use designation generally within all other areas except areas included in (1) (3) Vacant land with an area less than 1 acre.
(4) Vacant land with an area greater than 1 acre but less than 5 acres. (5) Vacant land with an area greater than 5 acres but less than 20 acres. (6) Vacant land with an area greater than 20 acres.
* Additional vacant land designations were added to equally distribute charges based upon land area and runoff generated. The vacant land areas were divided into groups so that the average parcel size more closely reflected the parcel area and distribution within that designation.
This was done by creating new limits as identified in notes 3 through 6 inclusive so that a 15 of 17
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11 parcel in the “Acres” was not charged the same as a parcel in the Baylands or in Northwest Bayshore sub-areas.
** Annual charge includes an administrative fee of $4.50 per parcel.
Please note annual charges have been rounded by $0.01 in some cases to allow fees to be evenly divided into semi-annual tax bills received by property owners.
Fee Summary
Exhibit A, entitled "User Classification Fee Summary," presents the anticipated fees to be collected for fiscal year 2023-2024. These fees remain unchanged from previous years. As shown, the anticipated income from special assessments is $51,660.86 which funds more than half of the services and supplies category of the 2023-2024 NPDES budg 16 of 17
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CATEGORY # OF TOT. AREA AVG. AREA RUNOFF RUNOFF ESU PER PARCELS (ACRES) (SF) COEFF. AREA (SF) CATEGORY
SINGLE FAMILY 1,562 109.15 3,044 0.5 1,522 1.00
RESIDENTIAL (R-1)
MULTI-FAMILY 45 6.48 6,273 1.0 6,273 3.44
RESIDENTIAL (R-3)
COMMERCIAL/ 172 23.46 5,941 1.0 5,941 3.10
INDUSTRIAL (1)
COMMERCIAL/ 72 238.45 144,262 0.8 115,410 50.14
INDUSTRIAL (2)
VACANT LAND (3) 108 24.29 9,797 0.5 4,898 2.78
VACANT LAND (4) 36 37.76 45,690 0.4 18,276 10.17
VACANT LAND (5) 13 71.73 240,351 0.3 72,105 41.70
VACANT LAND (6) 8 277.95 1,513,438 0.2 302,688 185.40
TOTALS 2,016 789.27
CATEGORY # OF ADMIN. ESU TOTAL ASSMT/ ASSMT. TOT. FEE/ TOTAL PARCELS FEE ESUs PARCEL FEE TOT. PARCEL FEES
SINGLE FAMILY 1,562 $7,029.00 1.00 1562.00 $4.98 $7,778.76 $9.48 $14,807.76 RESIDENTIAL (R-1)
MULTI-FAMILY 45 $202.50 3.44 154.80 $17.14 $771.30 $21.64 $973.80 RESIDENTIAL (R-3)
COMMERCIAL/ 172 $774.00 3.10 533.20 $15.44 $2,655.68 $19.94 $3,429.68 INDUSTRIAL (1)
COMMERCIAL/ 72 $324.00 50.14 3610.08 $249.70 $17,978.40 $254.20 $18,302.40 INDUSTRIAL (2)
VACANT LAND (3) 108 $486.00 2.78 300.24 $13.84 $1,494.72 $18.34 $1,980.72 VACANT LAND (4) 36 $162.00 10.17 366.12 $50.66 $1,823.76 $55.16 $1,985.76 VACANT LAND (5) 13 $58.50 41.70 542.10 $207.68 $2,699.84 $212.18 $2,758.34 VACANT LAND (6) 8 $36.00 185.40 1483.20 $923.30 $7,386.40 $927.80 $7,422.40 TOTALS 2,016 $9,072.00 $42,588.86 $51,660.86
TOTAL FEES = $51,660.86
CARRY OVER (estimated) = $0.00
ADMIN. FEE / PARCEL = $4.50
ASSMT. FEE / ESU = $4.98
EXHIBIT A to 2023 ENGINEER'S REPORT FOR STORMWATER MANAGEMENT FEES
STORM DRAIN PROGRAM RATE ANALYSIS
(1) LAND USE DESIGNATION GENERALLY WITHIN CENTRAL BRISBANE, AND SOUTHWEST BAYSHORE (2) LAND USE DESIGNATION GENERALLY WITHIN ALL OTHER AREAS EXCEPT AREAS INCLUDED IN (1) (3) VACANT LAND WITH AN AREA LESS THAN 1 ACRE
(4) VACANT LAND WITH AN AREA GREATER THAN 1 ACRE BUT LESS THAN 5 ACRES (5) VACANT LAND WITH AN AREA GREATER THAN 5 ACRES BUT LESS THAN 20 ACRES (6) VACANT LAND WITH AN AREA GREATER THAN 20 ACRES
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O. Water Shortage Contingency Plan
1. Consider Approving a Resolution of the City of Brisbane Adopting a Water Shortage Contingency Plan
2. Consider Approving a Resolution of the GVMID Board of Directors Adopting a Water Shortage Contingency Plan
3. Consider Introduction of an Ordinance, First reading of Ordinance revising Chapter 8.41, revising the Water Shortage Contingency Plan
(If so approved, action taken on these Resolutions and introduction and adoption of the 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).) 203
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Meeting Date: June 29, 2023
From: Director of Public Works/City Engineer
Subject: Water Shortage Contingency Plan
Community Goal/Result - Ecological Sustainability
Purpose
To hold a Public Hearing regarding the proposed Water Shortage Contingency Plan for the City of Brisbane’s Water System.
Recommendation
1. Hold the Public Hearing.
2. After receiving and considering comments, consider approving a Resolution of the City of Brisbane Adopting a Water Shortage Contingency Plan
If so approved, action taken on this Resolution 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
Senate Bill No. 552 (Hertzberg, filed with Secretary of State 9/23/21), amended the California State Water Code (commencing with Section 1609.50) and requires the City of Brisbane as a water supplier to develop a Water Shortage Contingency Plan (WSCP). The WSCP is required to be updated every five years.
Discussion
Due to the size of our water system, the city was not previously required to develop a WSCP; however, we voluntarily chose to do so in 2014. The attached “Water Shortage Contingency Plan – 2023 Update” dated 6/6/23 incorporates new science and further complies with Water Code section 10609.
Environmental Review
Adoption of this Resolution 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.
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Fiscal Impact
None as a direct result of the recommended actions. During declared droughts, water revenue does decrease; the city’s previously adopted drought contingency fee is anticipated to cover some or all of this lost revenue.
Measure of Success
Compliance with California State Water Code §10609.50 et seq., and the greater purposes of ensuring sufficient water supplies to meet the basic needs of human consumption, sanitation and fire protection; and to protect the health, safety, welfare and economic vitality of the water supplier’s customers during drought events.
Attachments
1. Proposed Resolution of the City of Brisbane Adopting a Water Shortage Contingency Plan
2. Water Shortage Contingency Plan – 2023 Update dated 6/6/23 ___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 2 of 52
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RESOLUTION NO. 2023 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRISBANE ADOPTING A WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, Section 10609 of the California Water Code requires the City of Brisbane ("City") to prepare and adopt an abridged Water Shortage Contingency Plan as the City of Brisbane meets the definition of “small water supplier” which serves 1,000 to 2,999 service connections under Water Code section 10609; and
WHEREAS, the City Council, after a notified public hearing, adopted Resolution No. 589 on August 21, 2014, approving a water conservation program and adding chapter 8.41 of the municipal code; and
WHEREAS, conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought are essential to the public health, safety and welfare of the City of Brisbane; and
WHEREAS, regulation of the time of certain water use, manner of certain water use, design of rates, method of application of water for certain uses, and installation and use of water-saving devices provide an effective and immediately-available means of conserving water for the City of Brisbane; and
WHEREAS, the Water Shortage Contingency Plan – 2023 Update dated June 6, 2023, attached hereto, will provide a substantial framework for complying with Water Code section 10609; and
WHEREAS, the adoption and enforcement of a Water Shortage Contingency Plan is intended to (1) ensure compliance with the voluntary and mandatory reductions requested by governing authorities, such as the San Francisco Public Utilities Commission and the City of Brisbane; (2) conserve the water supply of the City of Brisbane for the greatest public benefit, with particular regard to domestic use, human consumption, sanitation, and fire protection; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brisbane as follows:
1. The City determines that the above recitals are true and are incorporated herein.
2. The Water Shortage Contingency Plan – 2023 dated June 6, 2023 is hereby adopted by the City Council.
_________________________________
Madison Davis, Mayor
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I Ingrid Padilla, City Clerk of the City of Brisbane, certify that the foregoing Resolution was introduced at the special meeting of the Brisbane City Council on the 29th day of June 2023, and was adopted thereafter by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
Ingrid Padilla, City Clerk
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Attach Water Shortage Contingency Plan – 2023 dated June 6, 2023 here 5 of 52
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Water Shortage Contingency Plan
2023 Update
City of Brisbane, Guadalupe Valley Municipal Improvement District 50 Park Place, Brisbane, CA 94005
CA4110002, CA4110005
June 6, 2023
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TABLE OF CONTENTS
Table of Contents...........................................................................................................................................ii Tables............................................................................................................................................................iv Appendices .................................................................................................................................................... v Abbreviations................................................................................................................................................vi
1. Declaration of Policy, Purpose, and Intent ........................................................................................... 1
2. Water Use and Supplies........................................................................................................................ 3
2.1 Current Water Use Characteristics............................................................................................ 3
2.2 Water Supply Reliability ............................................................................................................ 3
3. Authorization ........................................................................................................................................ 5
4. Application ............................................................................................................................................ 6
5. Shortage Levels and Response Actions................................................................................................. 7
5.1 Shortage Levels ......................................................................................................................... 7
5.2 Shortage Response Actions..................................................................................................... 11
5.2.1 Supply Augmentation.......................................................................................................... 11
5.2.2 Demand Reduction Methods.............................................................................................. 11
5.2.3 Operational Changes........................................................................................................... 11
5.2.4 Prohibitions on End Uses.................................................................................................... 11
5.3 Catastrophic Supply Interruption............................................................................................ 19
6. Drought Response Triggers, Notification, and Termination Procedures............................................ 21
6.1 Water Shortage Declaration and Notification Procedures..................................................... 21
6.2 Monitoring Procedures........................................................................................................... 21
6.3 Water Shortage Termination Procedures............................................................................... 22
6.4 Refinement Procedures........................................................................................................... 22
7. Regional Drought Planning Coordination and Contacts ..................................................................... 23
7.1.5 Support Services Contacts .................................................................................................. 25
8. Communication Protocols................................................................................................................... 26
9. Enforcement........................................................................................................................................ 27
10. Consequences of WSCP....................................................................................................................... 28
10.1 Financial Consequences.......................................................................................................... 28
10.2 Water Quality Consequences.................................................................................................. 28
11. Variances............................................................................................................................................. 29 7 of 52
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12. Plan Adoption, Submittal, and Availability ...................................................................................... 30 References.................................................................................................................................................. 31 Appendix A: Water System Profile and Use Characteristics...................................................................... A-1 Appendix B: Prior Drought Actions............................................................................................................ B-1 Appendix C: Analysis of Shortage Response Action Effectiveness............................................................ C-1
1. Baseline Water Use Profile ............................................................................................................ C-1
2. Shortage Response Action Effectiveness....................................................................................... C-5 8 of 52
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TABLES
Table 5-1 Water Shortage Contingency Plan Levels
Table 5-2 Potential Water Allocations by Customer Sector Table 5-3 Shortage Actions
Table 7-1 Public Safety Contact
Table 7-2 Support Services Contact
Table 9-1 Enforcement of Water Use Restrictions and Prohibitions Table A-1 System Profile
Table A-2 Average Daily Demand by Sector
Table C-1 Baseline Residential Per Capita Water Demand
Table C-2 Baseline Water Use Profile
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APPENDICES
Appendix A. Water System Profile
Appendix B. Previous Drought Response Actions
Appendix C. Drought Response Tool Results
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ABBREVIATIONS
BAWSCA Bay Area Water Supply and Conservation Agency
CA California
CII Commercial, Industrial, and Institutional
CWC California Water Code
DRT Drought Response Tool
EOP Emergency Operations Plan
ERP Emergency Response Plan
FY fiscal year
GPCD gallons per capita per day
GVMID Guadalupe Valley Municipal Improvement District
MG million gallons
MGD million gallons per day
MGY million gallons per year
MOU Memorandum of Understanding
R-GPCD residential gallons per capita per day
RWS Regional Water System
SFPUC San Francisco Public Utilities Commission
SWRCB State Water Resources Control Board
UWMP Urban Water Management Plan
WSA Water Supply Agreements
WSAP Water Shortage Allocation Plan
WSCP Water Shortage Contingency Plan
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1. DECLARATION OF POLICY, PURPOSE, AND INTENT
The City of Brisbane / Guadalupe Valley Municipal Improvement District (City/GVMID, also referred to herein as “the City”) has developed a Water Shortage Contingency Plan (WSCP) to provide a flexible framework of planned response measures to mitigate future water supply shortages. This WSCP builds upon and supersedes the WSCP that was adopted in 2014 to meet the requirements of California Water Code (CWC) §10609.60. Updates to the current WSCP reflect key lessons learned during the recent drought to improve the City’s ability to respond effectively and efficiently in the event of a future water shortage.
The City developed this WSCP based on the following guiding principle:
Eliminate water waste and prioritize reducing non-essential water uses, concentrating on the reduction of non-essential water uses such as landscape irrigation and other discretionary outdoor water use and giving the highest priority to preserving water uses that are essential to the health, safety, welfare, and economic vitality of the City’s customers.
Practically, this principle guides the City to ask for a need-based, shared contribution from all its customers towards meeting water use reduction goals during periods of water shortage. It further directs the City to focus its water conservation efforts on reducing discretionary water uses such as outdoor irrigation, while CWC § 10609.60
(a) No later than July 1, 2023, and updated every five years thereafter, a small water supplier serving 1,000 to 2,999 service connections, inclusive, and a nontransient noncommunity water system that is a school shall each develop and maintain, onsite, an abridged Water Shortage Contingency Plan (WSCP) that includes, at a minimum, all of the following drought-planning elements:
(1) Drought-planning contacts, including all of the following:
(A) At least one contact at the water system for water shortage planning and response and the development of the plan.
(B) Contacts for local public safety partners and potential vendors that can provide repairs or alternative water sources, including, but not limited to, local community-based organizations that work with the population in and around areas served by the water system, contractors for drilling wells, vended water suppliers, and emergency shower vendors.
(C) State and local agency contacts who should be informed when a drought or water shortage emergency is emerging or has occurred.
(D) Regional water planning groups or mutual aid networks, to the extent they exist. (2) Triggering mechanisms and levels for action, including both of the following:
(A) Standard water shortage levels corresponding to progressive ranges based on the water supply conditions.
Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, a fire, and other potential emergency events. (B) Water shortage mitigation, response, customer communications, enforcement, and relief actions that align with the water shortage levels required by subparagraph (A). 12 of 52
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attempting to preserve uses that are essential to health and safety such as drinking, cooking, and sanitary activities and minimizing economic and other impacts to its residential and commercial customers.
The City has developed this WSCP to address water shortage conditions resulting from any cause (e.g., droughts, impacted distribution system infrastructure, regulatory-imposed shortage restrictions, etc.).
The WSCP identifies a variety of actions that the City will implement to reduce demands and further ensure supply reliability at various levels of water shortage. 13 of 52
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2. WATER USE AND SUPPLIES
The City/GVMID collectively serve approximately 2,000 accounts and deliver 0.61 million gallons per day (MGD) of water1
. The City relies on the San Francisco Public Utilities Commission (SFPUC) Regional Water System (RWS) for all of its water supply. SFPUC RWS water is delivered to the City/GVMID through five turnouts off the Crystal Springs #1 and #2 Pipelines. The City/GVMID are operated as a combined distribution system comprised of ten pressure zones. In accordance with the SFPUC’s perpetual obligation to the City and GVMID’s Supply Assurance, the City and GVMID have a combined contractual allocation, or Supply Assurance, of 0.98 MGD (358 million gallons per year [MGY]), as documented in the 2009 Water Supply Agreement (WSA) with the City and County of San Francisco. The water system profile and water use characteristics are provided in Appendix A.
2.1 Current Water Use Characteristics
The City has among the lowest residential per capita water use of the Bay Area Water Supply and Conservation Agency (BAWSCA) member agencies and the State of California (State), and water use in the City has decreased over the last five years, primarily because of conservation during recent droughts (further described in Appendix B). The City’s low water use makes additional dry year cutbacks difficult to achieve without incurring significant impact at most cutback levels. The City’s pre-drought (FY 2019-20) baseline residential per capita water use is 44 gallons per capita per day (GPCD). By comparison, the average residential per capita water use for the BAWSCA region is 63.4 GPCD (BAWSCA, 2021). However, customer water use in the City does demonstrate seasonal variation, and approximately 45%2 of the City’s overall water use is for outdoor use, primarily attributable to irrigation. Thus, it would appear that significant savings can be achieved by limiting outdoor irrigation, without significant impacts to the City’s already efficient residential and commercial indoor water use.
2.2 Water Supply Reliability
The City/GVMID’s supply reliability relies largely on the reliability of the SFPUC RWS. The SFPUC has committed to, among other things, meeting the retail and Wholesale Customers’ average annual water demand during non-drought years and meeting dry-year delivery needs while limiting rationing to a maximum 20% system-wide reduction in water service during extended droughts. However, several potential constraints have been identified on the future supply availability of the SFPUC RWS. One of the key constraints is the adoption of the 2018 Water Quality Control Plan for the San Francisco/SacramentoSan Joaquin Delta Estuary (Bay-Delta Plan Amendment). If the Bay-Delta Plan Amendment is implemented, the SFPUC is anticipated to have sufficient supplies to meet the projected water demands in normal years but would experience significant supply shortages in single dry years or multiple dry years. 1 Based on fiscal year (FY) 2020-21 deliveries (BAWSCA, 2023). 2 The outdoor water use proportion was estimated by the Drought Response Tool, and additional details are included in Appendix C. The 45% estimate was established by assuming that the lowest water use month in each sector represents indoor water use only, and that the indoor water use remains consistent throughout the year. The remaining water use is allocated to outdoor water use.
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Based on the current allocation methodology 3, the City’s current demand projections 4, and SFPUC’s projected dry year cutbacks, the City is anticipated to experience up to a 145 million gallon (MG) (46%) supply shortfall in single dry years by 2045 and up to 171 MG (54%) supply shortfall in multiple dry years by 2045 if the Bay-Delta Plan Amendment is implemented.
However, numerous uncertainties remain in the implementation of the Bay-Delta Plan Amendment and the allocation of the available supply between the Wholesale Customers of the SFPUC’s RWS. Among these uncertainties are the ongoing Voluntary Agreement negotiations between SFPUC, the California State Water Resources Control Board (SWRCB), and other stakeholders and a Memorandum of Understanding (MOU) between SFPUC, Governor Newsom’s senior water policy officials, and the Modesto and Turlock Irrigation Districts, signed in November 2022. This MOU includes, among other things, protection of water supplies for RWS customers and a commitment by the parties for new flows in the Tuolumne River. Regardless of the recent progress made through the November 2022 MOU, a Voluntary Agreement has yet to be approved by the SWRCB as an alternative to the Bay-Delta Plan Amendment, and shortages and supply cutback values associated with this alternative are unknown. The resultant supply reliability and the frequency of supply shortfalls for the City cannot be known currently.
Considering the uncertainties on RWS reliability, the City has placed high priority on working with SFPUC and BAWSCA to better refine the estimates of RWS supply reliability. The SFPUC and BAWSCA have also been taking various actions to improve the reliability of the RWS supply, including implementing a number of dry year water supply projects, exploring alternative water supplies, and implementing Long-Term Reliable Water Supply Strategy recommendations.
3 The SFPUC and the Wholesale Customers have negotiated and adopted a plan to allocate the RWS supply during system-wide shortages of 20% or less. To address the instances where the supply shortfalls are projected to be greater than 20%, BAWSCA has developed a revised methodology to allocate the RWS supply. This allocation method is intended to serve as the preliminary basis for the 2020 Urban Water Management Plan (UWMP) supply reliability analysis and does not in any way imply an agreement by BAWSCA member agencies as to the exact allocation methodology.
4 Projected demands for the City are per City of Brisbane, 2022, DSS Model for the City of Brisbane, prepared by Maddaus Water Management, updated by the City of Brisbane August 2022. The DSS Model was updated to use 2017 as starting year for projections because 2017 is more representative of the City's current water use trends. Per the DSS Model, projected demands for the City are 290 MGY in 2045. 15 of 52
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3. AUTHORIZATION
The City / GVMID WSCP is adopted by City Resolution No. 2023-__, and GVMID Resolution No. 2023- __, resolutions of the City Council and GVMID Board adopting a Water Shortage Contingency Plan.
The City’s Public Works Director/City Engineer or his designee (referred to herein as “the Director”) is authorized to implement the applicable provisions of the WSCP upon determination that such implementation is necessary to protect public health, safety, and welfare. The Director has the authority to initiate or terminate drought or other water supply emergency response measures as described in the WSCP.
The Shortage Level will become effective after the Director declares a particular Shortage Level and has published notice of this determination. Once effective, the provisions of a water Shortage Level will stay in effect until (1) a different Shortage Level is declared; or (2) the Public Works Director/City Engineer determines that the water shortage condition no longer exists and the City has published notice of this determination.
The contact information for the Director is provided below:
City of Brisbane
Public Works Director/City Engineer
50 Park Place
Brisbane, CA 94005
(415) 508-2130
[email protected]
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4. APPLICATION
The provisions of the WSCP shall apply to all persons, customers, and property utilizing water provided by the City. The terms “person” and “customer” as used in the WSCP may include individuals, corporations, partnerships, associations, and all other legal entities. 17 of 52
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5. SHORTAGE LEVELS AND RESPONSE ACTIONS
Consistent with the requirements of CWC §10609(a)(2), this WSCP is based on the six Shortage Levels shown in Table 5-1. These Shortage Levels are intended to address shortages caused by any condition, including the catastrophic interruption of water supplies. Table 5-1 summarizes the water supply reductions and supply conditions associated with each Shortage Level.
5.1 Shortage Levels
Table 5-3 describes the customer restrictions and prohibitions and consumption reduction methods (i.e., the actions to be taken by City staff) associated with each Shortage Level. Specific prohibitions and consumption reduction methods are discussed in more detail below. The monthly and cumulative annual water savings impacts associated with each restriction, prohibition, and consumption reduction method were quantitatively estimated using the Drought Response Tool (DRT) for each Shortage Level (see Appendix C).
CWC § 10609.60 (a) (2)
Triggering mechanisms and levels for action, including both of the following:
(A) Standard water shortage levels corresponding to progressive ranges based on the water supply conditions.
Water shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, a fire, and other potential emergency events. (B) Water shortage mitigation, response, customer communications, enforcement, and relief actions that align with the water shortage levels required by subparagraph (A). 18 of 52
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Table 5-1 Water Shortage Contingency Plan Levels
Shortage Level
Estimated
Water Shortage
Range (a)
Trigger Response Action
No Drought N/A N/A
Includes water waste prohibitions
effective at all times as specified in
Chapter 8.40 of the Brisbane
Municipal Code.
1 Up to 10%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of up to 10% due to water
supply shortages or an emergency or (2)
local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of up to
10%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
2 Up to 20%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of up to 20% due to water
supply shortages or an emergency or (2)
local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of up to
20%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
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Shortage Level
Estimated
Water Shortage
Range (a)
Trigger Response Action
3 Up to 30%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of up to 30% due to water
supply shortages or an emergency or (2)
local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of up to
30%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
4 Up to 40%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of up to 40% due to water
supply shortages or an emergency or (2)
local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of up to
40%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
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Shortage Level
Estimated
Water Shortage
Range (a)
Trigger Response Action
5 Up to 50%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of up to 50% due to water
supply shortages or an emergency or (2)
local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of up to
50%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
6 >50%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of greater than 50% due to
water supply shortages or an emergency or
(2) local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of greater
than 50%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
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5.2 Shortage Response Actions
This section describes the response actions the City will take to deal with the shortages associated with each of the six Shortage Levels. Shortage response actions for each Shortage Level are enumerated in Table 5-3.
5.2.1 Supply Augmentation
The City relies on the SFPUC RWS for its potable supplies. There are currently no supply augmentation actions planned in the City’s shortage response actions. However, potential transfer and exchange opportunities exist within and outside of the SFPUC RWS.
The Water Shortage Allocation Plan (WSAP) adopted by all BAWSCA agencies and the SFPUC provides the basis for voluntary transfers of water among BAWSCA agencies during periods when mandatory rationing is in effect on the SFPUC RWS. Some BAWSCA agencies have the capacity to rely on groundwater or other sources during dry years and thus may be willing to transfer a portion of their wholesale water entitlement to other BAWSCA agencies in need of supply above their allocations. Securing water from willing sellers outside the SFPUC RWS is a more complex process than transfers within the RWS, which requires both a contract with the seller agency and approval by the SFPUC. BAWSCA has the authority to plan for and acquire supplemental water supplies and continues to evaluate the feasibility of water transfers as part of its implementation of its Long-Term Reliable Water Supply Strategy.
5.2.2 Demand Reduction Methods
As discussed above, Table 5-3 lists the demand reduction methods that the City will implement during each Shortage Level to reduce the City’s own water consumption and encourage reduction in water use by its customers. The monthly and cumulative annual water saving impacts associated with each restriction, prohibition, and consumption reduction method were quantitatively estimated using the DRT for each Shortage Level (see Appendix C).
A focus of the City’s planned consumption reduction measures is to increase public outreach and keep customers informed of the water shortage emergency and actions they can take to reduce consumption.
The public outreach efforts that the City will implement to respond to a water shortage are described in Section 8.
5.2.3 Operational Changes
Table 5-3 lists the operational changes that the City will implement during each Shortage Level including measures to: (1) reduce system losses through a reduction in flushing of water distribution mains, (2) increase enforcement and customer service, and (3) implement the demand reduction methods.
5.2.4 Prohibitions on End Uses
Chapter 8.40 of the City’s Municipal Code describes the following prohibited uses of water under all hydrologic conditions:
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• Excessive irrigation of landscaping, defined as the irrigation of landscaping that allows water to accumulate on the surface and overflow into adjacent gutters, storm drains, driveways, sidewalks, streets, or other non-landscaped areas for a period of four or more consecutive hours. • Excessive watering of impervious surfaces, defined as watering so that water falls directly onto impervious surfaces to the extent that running water leaves the property and flows into adjacent gutters, storm drains, driveways, sidewalks, streets, or other conveyance for a period of four of more consecutive hours.
• Failure to repair a water leak, defined as the leakage of water from any broken or defective plumbing, sprinklers, watering, or irrigation system for a period of forty-eight (48) hours, during which the leak should reasonably have been discovered and corrected.
On 24 May 2022, the SWRCB adopted an emergency water conservation regulation prohibiting the irrigation of “non-functional turf” in the commercial, industrial, and institutional (CII) sectors, which includes all ornamental turf except turf regularly used for human recreational purposes or civic/community events. This regulation took effect on 10 June 2022 and its expiration date was extended to June 4, 2024 by order of the Office of Administrative Law on 6/5/23 (refer to OAL Matter Number 2023- 0526-01).
Restrictions and prohibitions associated with each Shortage Level are presented in Table 5-3. Consistent with the guiding principle for the WSCP, these responses focus on the reduction of non-essential water uses such as ornamental landscape irrigation, and preserve water uses that are vital to the health, safety, welfare, and economic vitality of the City’s customers. Lower Shortage Levels of the WSCP focus on guiding customer actions through prohibitions on end uses, while subsequent Shortage Levels of the WSCP include increasingly restrictive prohibitions and conformance with water allocations that will be assigned to each customer account.
The City anticipates assigning water allocations to each customer account during higher WSCP Shortage Levels (i.e., Shortage Levels 5 through 6). Table 5-2 further describes how the cutbacks will be distributed between water use sectors and end uses to collectively achieve the targeted water savings associated with each Shortage Level. The measures and prohibitions described for each Shortage Level in Table 5-3 are designed to assist customers in meeting their target reductions and water budgets.
As discussed in Section 2.1 above, the City serves water to residential, commercial, and dedicated irrigation customers. The City has among the lowest residential per capita water use in the State.
Therefore, achieving the targeted demand reductions in Shortage Levels 5 and 6 would significantly impact the essential water use of the City’s residential and CII customers. The levels of rationing suggested in Table 5-3 for Shortage Levels 5 and 6 are intended to be implemented only during a short-term emergency such as a critical interruption lasting less than a week. The City will prioritize furnishing water transfers or alternative supplies in the event of a prolonged shortage condition and consult with its customers to identify alternative water saving actions. 23 of 52
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Table 5-2 Potential Water Allocations by Customer Sector Customer Category
Potential Water Allocations
Level 1 Level 2 Level 3 Level 4 Level 5 Level 6
Residential Allocation -- -- - - 25 GPCD 25 GPCD
Commercial Customer -- -- - - 55% 55%
Irrigation Customer -- -- - - 25% 0%
Notes:
(a) Water allocations for commercial and irrigation customers are presented as the percentage of water use allocated to each customer compared to the customer’s water use during the most recent non-drought year.
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Table 5-3 Shortage Actions
Shortage
Level Agency Actions Shortage Response Actions Saving Estimate 1 • City may implement social media
campaigns, newspaper articles, and the
City website to promote drought
conservation.
• City may host water efficiency workshops
or other public events.
• Enforce the water waste ordinance to the
maximum extent. (a)
• Coordinate with BAWSCA and the SFPUC.
(a)
• Convert to more frequent meter reading
for high water users. (a)
1. Stop washing down paved surfaces, including but not limited to, sidewalks, driveways, parking lots, tennis courts or patios, except when necessary to address an immediate health, safety, or sanitation need.
2. Stop the application of potable water to outdoor landscapes in a manner that causes excessive runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or other hardscapes and structures.
3. Do not irrigate residential and commercial landscapes between the hours of 9:00 a.m. and 6:00 p.m. or during rain events.
4. Use a hand-held hose equipped with an automatic shut-off nozzle or bucket to water landscaped areas that are not irrigated by a landscape irrigation system. (a)
5. Irrigate nursery and commercial growers’ products before 10:00 a.m. and after 6:00 p.m.
Watering is permitted at any time with a hand-held hose equipped with an automatic shutoff nozzle, a bucket, or a drip/micro-irrigation system. Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is permitted at any time. (a)
6. Use only re-circulated or recycled water to operate ornamental fountains.
7. Wash vehicles using a bucket, a hand-held hose with an automatic shut-off nozzle, a mobile high pressure/low volume wash system, or at a commercial site that re-circulates (i.e., reclaims) water on-site.
8. Serve and refill water in restaurants and other food service establishments only upon request.
9. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.
10. Potable water shall not be used for street washing.
11. Potable water shall not be used to irrigate ornamental turf on public street medians.
12. Require repair of leaks, breaks, or malfunctions in lines, fixtures, or facilities within 1 day.
13. Use recycled water for construction purposes, if available. (a)
14. No new, non-residential water meters may be issued unless the Director determines that such issuance will not impede the City’s compliance with the required water use reductions. (a)
6%
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Shortage
Level Agency Actions Shortage Response Actions Saving Estimate 2 • Continue with actions and measures from
Shortage Level 1 except where
superseded by more stringent
requirements.
• Conduct inspection of the system and
accelerate repairs to reduce water loss.
• Decrease frequency and length of line
flushing.
• Conduct in-house training so City staff are
prepared to respond to customer calls,
reports and complaints, and to support
enforcement actions. (a)
• Inform local fire department of water
supply status and request cooperation in
reducing fire training exercises that use
water. (a)
1. Continue with Shortage Level 1 restrictions and prohibitions except where superseded by more stringent requirements.
2. Limit irrigation to no more than three (3) days per week. Does not apply to commercial growers or nurseries.
3. Prohibit filling or re-filling ornamental of lakes or ponds except (1) as needed to sustain aquatic life (2) with or using recycled water, if available.
4. Prohibit use of potable water for construction and dust control.
5. Require pre-rinse spray valves for commercial kitchens.
6. Prohibit single-pass cooling systems.
7. Prohibit vehicle washing except at facilities using recycled or recirculating water. 16%
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Shortage
Level Agency Actions Shortage Response Actions Saving Estimate 3 • Continue with actions and measures from
Shortage Level 2 except where
superseded by more stringent
requirements.
• Continue with media campaigns and other
outreach events to enforce water
conservation.
• Inform local fire department of water
supply status and request elimination of
fire training exercises that use water. (a)
• Suspend issuance of new potable water
service, new temporary meters or
permanent meters, and statements of
immediate ability to serve except under
the following circumstances: (a)
o A valid, unexpired building permit
has been issued;
o The project to protect the public
health and safety;
o Enforceable commitment of
water demand offset; or
o Continuation or restore service
interrupted < 1 year.
1. Continue with Shortage Level 2 restrictions and prohibitions except where superseded by more stringent requirements.
2. Prohibit outdoor watering with potable water more than 10 minutes per day and 1 day per week. Does not apply to commercial growers or nurseries. 28%
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Shortage
Level Agency Actions Shortage Response Actions Saving Estimate 4 • Continue with actions and measures from
Shortage Level 3 except where
superseded by more stringent
requirements.
• Implement drought rate structure / water
budgets.
• Conduct surveys targeting high water
users with CII, irrigation, and residential
accounts.
1. Continue with Shortage Level 3 restrictions and prohibitions except where superseded by more stringent requirements.
2. Prohibit landscape irrigation with potable water, except crops and landscape products of commercial growers and nurseries. This restriction shall not apply to the following categories of use unless the Director has determined that recycled water is available and may be lawfully applied to the use.
o Maintenance of trees and shrubs located on residential and commercial properties, no more than one (1) time per week by using a bucket, hand-held hose with an automatic shut-off nozzle, or low-volume non-spray irrigation on a schedule established by the Director and posted on the City’s website; o Maintenance of existing landscaping necessary for fire protection as specified by the Fire Marshal of the local fire protection agency having jurisdiction over the property to be irrigated;
o Maintenance of existing landscaping for erosion control; o Maintenance of landscaping within active public parks and playing fields, daycare centers, and school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two (2) days per week according to the schedule established by the Director and posted on the City’s website; o Watering of livestock; and
o Public works projects and actively irrigated environmental mitigation projects. 39%
5 • Continue with actions and measures from
Shortage Level 4 except where
superseded by more stringent
requirements.
• Increase enforcement and water waste
patrols.
• Reduce distribution system pressures.
• Develop allotments for all accounts and
notice those accounts appropriately.
1. Continue with Shortage Level 4 restrictions and prohibitions except where superseded by more stringent requirements.
2. All dedicated irrigation customers shall reach a water reduction of 75% from the water use of the most recent non-drought year.
3. All residential and CII customers shall reach a water reduction of 45% from the water use of the most recent non-drought year. The estimated allotment for residential customers is 25 GPCD.
o New residential customers will receive an allotment based on the residential demand of 25 GPCD and person per household (and number of units for multifamily residence). 44%
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Shortage
Level Agency Actions Shortage Response Actions Saving Estimate 6 • Continue with actions and measures from
Shortage Level 5 except where
superseded by more stringent
requirements.
• Increase staff enforcement to ensure
customers comply with the assigned
water budget.
• Increase public outreach, including
establishment of a dedicated customer
service hotline.
• Schedule staff for enforcement and
customer service, including on weekends.
May include hiring additional, temporary
staff.
• Convert to more frequent meter reading
and billing for all customers.
1. Continue with Shortage Level 5 restrictions and prohibitions except where superseded by more stringent requirements.
2. All dedicated irrigation customers shall reach a water reduction of 100% from the water use of the most recent non-drought year.
53%
Notes:
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5.3 Catastrophic Supply Interruption
Catastrophic supply interruptions may be caused by a regional power outage, natural disaster, or national security/terrorism emergencies. Catastrophic interruptions may occur in the SFPUC RWS or in the City water distribution system. In the event of a catastrophic supply interruption, the response procedures that the City would follow are described in:
• SFPUC Emergency Operations Plan (EOP);
• San Mateo County’s Operational Area EOP Potable Water Procurement and Distribution Annex (San Mateo County’s EOP);
• City of Brisbane Emergency Operations Plan (Basic Plan); and • City of Brisbane Emergency Response Plan (ERP).
In the event of a catastrophic supply interruption, the response procedures that the City would follow are described in the SFPUC EOP as well as the San Mateo County Operational Area EOP (County of San Mateo, 2004) and the Basic Plan (City of Brisbane, 2018) and those sections related to utility recovery in the Earthquake Annex to the Basic Plan. Actions described in the SFPUC EOP focus on maintaining flow within, and from, the RWS pipelines. SFPUC’s emergency preparedness procedures are described in detail in the SFPUC EOP. The San Mateo County’s EOP addresses San Mateo County’s planned response to extraordinary emergency situations associated with natural disasters, man-made technological incidents, and national security emergencies. This EOP is a preparedness document that is designed to be read, understood, and exercised prior to an emergency. Each agency is responsible for ensuring the preparation and maintenance of appropriate and current Standard Operating Procedures, Emergency Operating Procedures, and alert lists that will support San Mateo County’s EOP.
Together, these EOPs/ERP provide the framework for responding to major emergencies or disasters associated with natural disasters, technological incidents, and national security/terrorism emergencies.
Sections of these EOPs/ERP outline specific strategies to prepare for, mitigate, respond to, and recover from an emergency or disaster that affects the water utilities that serve the population within San Mateo County.
The City is in the process of updating its ERP to address the City’s response to catastrophic supply interruptions as well as other emergencies. The City’s ERP will include information on key facilities, emergency response roles, communication methods, public notification information, response actions and procedures, mitigation actions, and detection strategies. The ERP will include incident action checklists for the possible water supply catastrophes including: contamination, cybersecurity, drought, earthquake, flooding, pandemic, power outage, and wildfire.
The City may evaluate and require appropriate WSCP response actions during a catastrophic supply interruption, such as end-use prohibitions and mandatory rationing, as well as implement the operational changes and communication protocols described herein.
When a shortage declaration appears imminent, the Director manages related activities and will serve as the Emergency Response Lead. In the absence of the Director, the Director’s assigned proxy or other available supervisory personnel will serve as the Emergency Response Lead. If warranted, the City’s EOP will be activated and information will be provided to Brisbane Police, North County Fire Authority, and San Mateo County. The Director will also provide essential information to the public, including coordinating information with other jurisdictions, if necessary, before releasing information to the news media.
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The City has sufficient facilities and infrastructure to reroute around most temporary water supply disruptions. The City also has emergency interties with the Cal Water – South San Francisco District and the City of Daly City. The City typically has three days of average daily water for emergency, fire, and operational needs in the City’s water tanks at all times.
The City may evaluate and require appropriate WSCP response actions during a catastrophic supply interruption, such as end-use prohibitions and mandatory rationing, as well as implement the operational changes and communication protocols described herein.
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6. DROUGHT RESPONSE TRIGGERS, NOTIFICATION, AND TERMINATION PROCEDURES The section describes the triggering mechanisms, customer notification procedures, monitoring, and termination procedures for the WSCP.
6.1 Water Shortage Declaration and Notification Procedures The provisions of each drought Shortage Level are triggered upon the Director’s determination that a Governing Authority has required the City to achieve a voluntary or mandatory reduction in water use because of water shortage conditions.
For shortages due to drought on the RWS, the SFPUC allocates water under the WSAP, also known as the Tier One Plan, included in the WSA. The Wholesale Customers’ share is then apportioned among the individual Wholesale Customers, including the City/GVMID collectively, based upon a separate methodology adopted by the Wholesale Customers, known as the Tier Two Plan.5 Upon declaration by the SFPUC of a water shortage emergency and subsequent confirmation by BAWSCA and SFPUC of the City’s water supply allocation, the Director will compare the City’s allocation to its projected water demands for the following year to determine the required cutback and associated Shortage Level.
The Director will monitor water supply and/or demand conditions on a monthly basis to determine if a water shortage condition exists and the severity of any such water shortage condition. The Director shall implement the following notification procedures accordingly.
The Public Works Director, or designee, will notify the public by means of electronic notification and direct mailings to customers as necessary. Electronic notification includes website alerts, social media, and weekly and monthly electronic newsletters. Prepared materials from the Department of Water Resources’ “Save Our Water Toolkit” may be used as drought communication tools with the City logo added. The link for these materials is provided below:
https://saveourwater.com/en/Partner-Toolkit
Additional communications protocols are provided in Section 8.
The provisions for each Shortage Level will become effective five (5) days after the Director determines that a particular Shortage Level should be triggered and has published notice of this determination by mail to the City’s customers.
6.2 Monitoring Procedures
The City monitors water use through analysis of wholesale water purchases and customer meter readings.
The City receives monthly water purchase totals directly from each of the turnout meters read by SFPUC to monitor wholesale water purchases. In addition, each customer account is metered. Some large 5 The Tier One Plan and Tier Two Plan only apply to RWS system-wide shortages of 20% or less. There is currently no methodology for sharing available water between SFPUC and the Wholesale Customers for system-wide shortages of greater than 20%
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landscape sites, including City parks and schools, have dedicated irrigation meters to monitor water use for landscape irrigation separately from indoor uses.
The City reads all customer meters on a bi-monthly basis. During a supply shortage, the City will continue to monitor water use on this schedule to determine the effectiveness of the customer response to the implementation of this WSCP. If necessary, the City may increase the frequency of meter readings and increase proactive leak checks and water audits based on customer consumption.
6.3 Water Shortage Termination Procedures
Once effective, the provisions of a Shortage Level will stay in effect until (1) the effective date of a different Shortage Level is triggered; or (2) the Director determines that the water shortfall condition no longer exists and has published notice of this determination electronically and, if necessary, by mail.
After the termination of the water shortage conditions, the Director will oversee any remaining termination and WSCP review activities. These activities could include:
• Restore water utility operations, organization, and services to pre-event levels. • Document the event and response and compile applicable records for future reference. • Collect cost accounting information, assess revenue losses and financial impact, and review deferred projects or programs.
• Debrief staff and partner agencies to review effectiveness of actions to identify lessons learned and to enhance response and recovery efforts in the future. • Update the WSCP, as needed.
6.4 Refinement Procedures
The WSCP is implemented as an adaptive management plan. The City will evaluate revisions to its WSCP as needed. The evaluation will consider the effectiveness of WSCP actions and any anticipated water supply shortages. If the WSCP is revised, the Council will adopt a new resolution adopting the revised WSCP.
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7. REGIONAL DROUGHT PLANNING COORDINATION AND CONTACTS
This section provides the regional drought planning coordination procedures and key contacts for public safety partners, state and local agency contacts, regional water planning groups, and state and local agencies.
The Public Works Director, or designee, will notify the following individuals and entities of restrictions or water shortages, as defined in the subsections below, as appropriate for each Shortage Level. CWC § 10609.60(a)(1)
Drought-planning contacts, including all of the following:
(A) At least one contact at the water system for water shortage planning and response and the development of the plan.
(B) Contacts for local public safety partners and potential vendors that can provide repairs or alternative water sources, including, but not limited to, local community-based organizations that work with the population in and around areas served by the water system, contractors for drilling wells, vended water suppliers, and emergency shower vendors.
(C) State and local agency contacts who should be informed when a drought or water shortage emergency is emerging or has occurred.
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Table 7-1 Public Safety Contact
Organization or
Department Name & Position Telephone Email
Fire Department
North County
Fire Authority
Ron Myers, Fire Chief (650) 991-8138 [email protected] Partnering Water
Systems - - -
San Mateo
County Office of
Emergency
Services
Will Young, Bureau
Lieutenant (650) 363-4911 --
County
Environmental
Health Specialist
Heather Forshey, Director (650) 372-6200 [email protected] State Water
Board District
Engineer
Van Tsang, District
Engineer (510) 620-3602 [email protected]
Wholesaler
Steve Ritchie, Assistant
General Manager -
Water, SFPUC
(415) 701-2311 [email protected]
County Public
Health Louise Rogers, Chief (650) 867-1661 [email protected] Critical Water
Users (schools,
hospitals, etc.)
Ronan Collver,
Superintendent, Brisbane
School District
(415) 467-0550 [email protected]
Regional Water
Planning Contact
Nicole Sandkulla, Chief
Executive Officer and
General Manager,
BAWSCA
(650) 349-3000 [email protected]
Mutual Aid
Contact /
CalWarn Contact
Paul Gilbert-Snyder,
Steven Hancock, Chairs of
CalWarn, Region II –
Coastal Region
(510) 287-0432;
(707) 292-1195 [email protected]
Note: This notification section provides potential agencies that should be considered for coordination of water shortages. More specific contacts for each Shortage Level are provided below. 35 of 52
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7.1.5 Support Services Contacts
The following is a listing of support services that may be appropriate for a water shortage emergency.
Table 7-2 Support Services Contact
Organization or
Department Name & Position Telephone Email
Water Operator Dustin Cohn - Water
Team Leader 415- 298-8644 [email protected]
Back-up Water
Operator
Devin Gutierrez - Water
Unit Leader 415-205-6957 [email protected]
Electric Utility Co. PG&E Contact Number 800-743-5000 - Electrician Dan Charles - Charles
Electric 650-766-1000 [email protected]
Note: In the event of an emergency, the City's Logistics Section in its Emergency Operations Center can submit a request to the San Mateo County Operational Area for any supplies not sourceable locally. 36 of 52
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8. COMMUNICATION PROTOCOLS
Even before formal declaration of a water shortage, the City will activate a public information program to provide customers with as much advance notice as possible. Following declaration of a shortage, customers will be provided notice of water shortage rules and regulations via a variety of media and communications methods.
Coordination between City departments and with other public agencies can begin prior to formal declaration of a water shortage and can be accomplished through regular meetings, e‐mail group updates, and presentations. In a regional water shortage scenario, the City will use the public outreach resources and materials provided by BAWSCA and/or SFPUC. In addition to these materials, the City may develop its own materials and use the following media and methods to communicate with customers:
• City of Brisbane website alerts.
• Social media (Instagram, Facebook, Nextdoor, Twitter). • Monthly electronic newsletters.
• Community signboards.
• Direct mailings to customers.
• Utility bill messaging and inserts.
• Brochure racks distributed throughout the City (e.g., the Public Library and City Hall). • Water Conservation phone hotline.
• Booths at community and corporate events.
The City currently has less than one full-time employee with responsibilities for water conservation.
Staff time dedicated to water conservation and enforcement action will increase with the severity of a supply shortage. Additional duties may be assigned to current City employees, or the hiring of temporary staff may be considered to meet staffing needs during extreme water shortages. CWC § 10632 (a) (5)
Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:
(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.
(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1. (C) Any other relevant communications.
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9. ENFORCEMENT
Enforcement of the City’s water conservation regulations is focused on soliciting cooperation from water customers who are unaware of the restrictions or have failed to comply with the provisions of the City’s Water Shortage Ordinance and this WSCP. If discussions with the customer are unsuccessful in obtaining compliance, available enforcement mechanisms detailed in the City’s Water Shortage Ordinance include written warnings, fines, penalties, and enforcement provisions as set forth in Chapter 8.40.030 of the City’s Municipal Code. Enforcement actions are further described in Table 9-1.
During prior water shortage periods, the City implemented excess use fees for customers who consumed more water than their allocation. Similar excess water use charges may be implemented again if the City’s WSCP is implemented and if water use allocations are necessary (i.e., in Shortage Levels 5 and 6).
City employees and members of the public may register water waste complaints through a telephone hotline or bring the complaint directly to City staff. Staff will be available to provide information and respond to complaints. Staff may also seek assistance from other City departments in responding to complaints, including those received directly or via the State Water Waste Reporting Portal, and enforcing water use restrictions.
As mentioned in Section 8, staff time dedicated to water conservation and enforcement action will increase with the severity of a supply shortage. Enforcement duties may be assigned to current City employees, or the hiring of temporary staff may be considered to meet staffing needsfor compliance during extreme water shortages.
Table 9-1 Enforcement of Water Use Restrictions and Prohibitions Violation Enforcement Action or Penalty
1st The City will attempt to educate the customers by contacting them and informing the customer about the violation, potential penalties, and compliance requirements. 2nd
The City will send a written notice to the customer specifying the nature of the violation and the date and time of occurrence and request that the customer cease the violation and take prompt remedial action. The City will provide the customer with a copy of the Water Shortage Ordinance and inform the customer that failure to comply may result in fines or penalties.
3rd
The City will make reasonable efforts to notify the customer of the violation and post a notice on the front door or other point of entry onto the property requiring the customer to cease the violation and take remedial action within 48 hours of the onsite notification. Any person who receives a notice of correction who fails to eliminate water waste as required by the notice may be subject to penalties, and enforcement provisions set forth in Chapters 1.14, 1.16, 1.18 and 8.40 of the City’s Municipal Code and may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days and/or by a fine not exceeding one thousand dollars ($1,000.00) (as provided in Water Code Section 377). .
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10. CONSEQUENCES OF WSCP
10.1 Financial Consequences
In the event of a drought, if the City anticipates significant loss in revenue due to decreased water consumption, the City may increase its water rates or modify the drought surcharge so that customers are charged for the actual cost of providing water during a shortage. Current rates and applicable drought surcharges are specified in the City’s adopted water rate schedule.
The City understands the projected ranges of water sales by Shortage Level and what the impact of reduced water sales would be on projected revenues.
The administration of the WSCP will also have an impact on the City’s general and administrative costs.
Costs could include funding additional staff focused on high water consumption monitoring, water waste patrols, additional billing requirements, and customer outreach. Other costs could be related to funding additional rebate programs, print and mail costs for additional outreach, and expenses related to creating and enforcing customer water budgets. These costs will be considered whenever the City’s budget is next adopted. Revenue from potential excess use charges as a result of implementation of the water allocation program can also be applied towards the administration of the WSCP to help offset the revenue shortfalls.
10.2 Water Quality Consequences
The City’s primary water quality concerns during shortage are impacts to distribution system water quality. Reduced flushing and increased water age in storage tanks may pose water quality challenges with reduction in demands. The City will monitor water quality and may need to occasionally drain storage tanks if nitrification issues arise.
The City's wastewater is treated at the Southeast Treatment Plant, operated by the SFPUC, located in San Francisco, California. In the event of a substantial decrease in water supply to the City and other customers of the treatment plant, SFPUC may encounter various water quality challenges, including elevated levels of concentrated nitrate and total dissolved solids, that could impact the proper functioning of the wastewater treatment plant. To address the potential impacts of drought, water supply shortages, and water quality concerns, the City will work with the SFPUC as needed. 39 of 52
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11. VARIANCES
The Director may grant, in writing, a temporary variance for existing water uses otherwise prohibited under this WSCP if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance, and if one or more of the following conditions are met:
(a) Compliance with this WSCP cannot be technically accomplished during the duration of the water supply shortage or other condition for which the WSCP is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use.
Persons requesting an exemption from the provisions of this Water Shortage Ordinance shall file a petition for variance with the water system within 5 days after the WSCP or a particular Shortage Level has been invoked. All petitions for variances shall be reviewed by the Director and shall include the following:
(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the WSCP from which the petitioner is requesting relief. (d) Detailed statement as to how the specific provision of the WSCP adversely affects the petitioner or what damage or harm will occur to the petitioner or others if the petitioner complies with this Water Shortage Ordinance.
(e) Description of the relief requested.
(f) Period of time for which the variance is sought.
(g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this WSCP and the compliance date. (h) Other pertinent information.
A decision on the variance request will be returned to the customer within 10 days. 40 of 52
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12. PLAN ADOPTION, SUBMITTAL, AND AVAILABILITY
The City informed the public of: (1) its intent to prepare a WSCP, (2) where the WSCP was available for public review, and (3) when the public hearing regarding the WSCP would be held.
Public notice was provided on the City’s website beginning on 17 May 2023. Notice was also provided to the City’s customers through the City’s Blast (weekly digital community updates) on 1 May, 24 May, 31 May, 7 June, and 14 June 2023. Additional notice was published in the Brisbane STAR monthly community newsletter on 1 June 2023.
A copy of the adopted 2023 WSCP will be available for public review in City Hall during normal business hours and on the City’s website by 1 July 2023.
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REFERENCES
BAWSCA, 2021. Bay Area Water Supply and Conservation Agency Annual Survey, FY 2019-2020, March 2021.
BAWSCA, 2022. Bay Area Water Supply and Conservation Agency Annual Survey FY 2020-21, March 2022.
BAWSCA, 2023. Member Agency Profiles: City of Brisbane/Guadalupe Valley Municipal Improvement District, accessed on 18 May 2023.
City of Brisbane, 2018. Emergency Operations Plan – Basic Plan, November 2018.
County of San Mateo, 2004. San Mateo County/ Operational Area Emergency Operations Plan, Potable Water Procurement and Distribution Annex, 3rd Edition, July 2004.
County of San Mateo, 2016. San Mateo County Hazard Mitigation Plan, prepared by Tetra Tech, dated July 2016.
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2023 Update
City of Brisbane, GVMID
June 2023 A-1 EKI Environment & Water, Inc.
Appendix A: Water System Profile and Use Characteristics The City of Brisbane is located in North San Mateo County, and it operates both the City of Brisbane Water District and the GVMID. The GVMID is an area within the Brisbane city limits composed of an industrial park development and a small residential enclave. The two districts are operated as a combined system with ten pressure zones, and various pressure reducing valve stations that allow for water to be distributed within the system. The only source of potable water for the combined system comes from the Crystal Springs Pipeline #1 and #2. The City of Brisbane Water District has 0.9 MG of local storage and the GVMID has 2.0 MG of local storage. Together the system can hold more than three days’ worth of demand (BAWSCA, 2023). Table A-1 summarizes the key components of the combined water system.
The total demand for both districts has been decreasing between 2019 and 2023. This is primarily due to the City's response to the most recent drought (Appendix B). Table A-2 shows water demand by sector over the last four years, and in general, residential and commercial/industrial demand are the largest two sectors (BAWSCA, 2023).
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Table A-1 System Profile
Area Size 3.4 square miles
Service Population (a) 4,851
Number of Accounts 2,041
Number of SFPUC RWS Connections 5 (3 for the City of Brisbane District, 2 for GVMID) Connections To SF RWS Mains Crystal Springs Pipeline #1 and #2 Avg. Day Demand (MGD) 0.61
Avg. Day Purchases From SF RWS (MGD) 0.61
% Demand Met With SF RWS Supplies 100.0%
Maximum Local Water Production (MGD) 0
Alternative Supply Sources None
Interties With Other Agencies California Water Service – South San Francisco, Daly City
Local Storage (MG) 2.9
Days of Storage
3 – Combined storage. All zones can meet the
8 hour criteria either separately or by pumping
from zones with excess capacity.
Notes:
(a) Service population is based on the 2020 U.S. Census data for the City of Brisbane. 44 of 52
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Table A-2 Average Daily Demand by Sector
Sector FY 18-19 FY 19-20 FY 20-21 FY 21-22
(MGD) Percent
Total
Demand
(MGD) Percent
Total
Demand
(MGD) Percent
Total
Demand
(MGD) Percent
Total
Demand
Residential 0.20 30.1% 0.21 33.7% 0.22 35.8% 0.20 32.3% Commercial/Industrial 0.21 32.0% 0.20 31.7% 0.15 24.4% 0.17 28.3% Dedicated Irrigation 0.14 20.5% 0.16 25.8% 0.16 26.5% 0.15 23.8% Non-Revenue Water 0.04 6.7% 0.00 0.6% 0.06 9.2% 0.02 3.4% Other 0.07 10.8% 0.05 8.3% 0.03 4.1% 0.07 12.2%
Total 0.66 100% 0.64 100% 0.62 100% 0.61 100%
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Appendix B: Prior Drought Actions
The City has historically developed different strategies for reducing water demand during water shortages. The City’s actions in response to the drought that occurred in California between 2014 and 2017 and the most recent drought are discussed below.
2014 to 2017 Drought
From 2014 through 2017, the State of California experienced a severe drought that impacted availability of RWS water supply to the City. On 17 January 2014, Governor Brown issued a proclamation requesting all Californians to voluntarily reduce water use by 20%. SFPUC subsequently called for a voluntary 10% water use reduction from RWS customers. On 1 April 2015, due to worsening drought conditions, Governor Brown issued Executive Order B-29-15 regarding actions necessary to address California’s severe drought conditions. In addition to imposing the first ever mandatory restrictions on urban water suppliers to achieve a statewide 25% reduction in potable urban water usage, the Executive Order also required CII users to implement water efficiency measures, prohibited irrigation with potable water of ornamental turf in public street medians, and prohibited irrigation with potable water outside newly constructed homes and buildings that were not delivered by drip or microspray systems, along with numerous other directives.
In response to the drought, the City developed a Water Shortage Ordinance and WSCP. On September 2, 2014, the City adopted Ordinance No. 589 declaring a water shortage emergency and adopting of the WSCP. In conjunction with the drought response, the City implemented a two day per week outdoor watering schedule. The City conducted customer outreach through a regional media campaign, bill inserts, and social media. The City also increased its water loss prevention program, limited system flushing, and reduced irrigation of City-owned landscape and/or parks. To support enforcement of these measures, the City provided a platform for reporting water waste and implemented an excessive water use warning and penalty system.
In April 2017, Governor Brown ended the drought State of Emergency. 2021 to 2023 Drought
On 8 July 2021, Governor Newson requested a voluntary water use reduction of 15% in response to severe statewide drought conditions. In response to this request, the City determined on 15 July 2021 that a Shortage Level 1 Drought had been triggered, and imposed measures from its WSCP to achieve the required conservation.
On 10 June 2022, the SWRCB adopted an emergency water conservation regulation that bans CII accounts, including homeowners’ associations, from watering certain kinds of ornamental or non-functional grass.
The City enforced the state’s emergency drought regulation by sending a demand letter to all CII water users, including homeowners’ associations, that either have a separate irrigation meter or that irrigate a significant square footage of turf requiring the immediate cessation of irrigation of nonfunctional turf, with fines of up to $500 for each day and for each violation.
On 24 March 2023, Governor Newson issued Executive Order N-5-23 easing drought emergency provisions.
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Ongoing Water Conservation Actions
Beyond drought response actions, the City has a strong record of encouraging water conservation, both in its own practices as a water user, and in communications with its customers, even in normal years.
Specifically, the City has pursued the following actions:
• Offered financial rebates to its customers for replacing high-water use fixtures such as toilets and washing machines with water-efficient versions;
• Offered financial rebates to its customers for replacing irrigated turf with low-water use plantings; • Designed its water rates to encourage water conservation; and • Modified the irrigation systems and schedules at all City parks to reduce irrigation demand.
Furthermore, the City has incorporated into its municipal code the following sections that encourage water conservation:
• Chapter 15.72: Indoor Water Use Efficiency Requirements, which establish efficiency standards for all new development and major remodels;
• Chapter 15.70: Outdoor Water Use Efficiency Requirements, which establish landscape efficiency standards for all new development and major landscape renovations; and • Chapter 8.40: Water Waste Prohibition, which describes certain prohibited uses of water under all hydrologic conditions.
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Appendix C: Analysis of Shortage Response Action Effectiveness To evaluate and ensure that effective actions will be implemented to achieve necessary cutbacks at each Shortage Level, the City employed the DRT, an Excel spreadsheet model developed by EKI Environment and Water, Inc. The DRT model calculates monthly savings anticipated by implementing each Shortage Level as detailed below.
1. Baseline Water Use Profile
Using the DRT, the City developed a baseline water use profile that reflects usage patterns within the City’s service area by major water use sectors in FY 2020. 6 The analysis of the baseline water use profile
was used to guide development of the WSCP. Key findings from this analysis are presented below.
Residential Per Capita Demand
The City’s baseline residential gallons per capita per day (R-GPCD) demand in 2020 was approximately 44 R-GPCD. As shown in Table C-1 and the associated chart, this R-GPCD is significantly lower than both the statewide average of 89 R-GPCD and the average of all BAWSCA agencies of 63.4 R-GPCD during the same period. The City’s residential per capita water use was in the lower range of the BAWSCA agencies and across the State.
Proportion of Outdoor Water Use
As shown in Table C-2 and the associated charts, outdoor water use, which can generally be considered as a “discretionary water use”, was estimated to be approximately 45% of the City’s total consumption in 2020. The seasonal variation in baseline water use generally reflects increased irrigation demands during the summer and fall months. Therefore, the greatest potential for reductions in non-essential water use is expected during these months.
6 The 2020 baseline demand was selected as the most recent non-drought year. The 2020 baseline was adjusted to include the incremental demand from the large developments since 2020. 48 of 52
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Table C-1 Baseline Residential Per Capita Water Demand
Baseline Residential Per Capita
Water Demand
(R-GPCD)
Brisbane (a) 44
BAWSCA Agencies (b) 63.4
Statewide Average (c) 89
NOTES:
(a) Brisbane R-GPCD calculated using FY 2020 consumption data.
(b) Average BAWSCA R-GPCD obtained from master excel file BAWSCA Annual Survey FY 2019-2020 (BAWSCA, 2021).
(c) State-wide R-GPCD for 2020 obtained from data provided at California State Water Resources Control Board Water Conservation Portal - Conservation Reporting,
http://www.waterboards.ca.gov/water_issues/programs/cons ervation_portal/conservation_reporting.shtml, accessed May 2022.
0 10
20 30
40 50
60 70
80 90
100
Brisbane BAWSCA Agencies Statewide Average
R-GPCD
Chart C1-A Baseline Residential Per Capita Water Demand 49 of 52
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Table C-2 Baseline Water Use Profile
Sector End-Use
Baseline (2020) Water Use
Annual
% of
Total by
Sector
JulyAugustSeptemberOctoberNovemberDecemberJanuary February MarchAprilMayJuneAnnual Residential
Indoor 5.1 5.1 4.9 5.1 4.9 5.1 5.1 4.6 5.1 4.9 5.1 4.9 59.7 77% Outdoor 1.4 1.7 1.7 1.6 1.4 0.0 1.1 1.9 0.7 1.3 2.1 3.4 18.2 23% Subtotal Residential 6.5 6.8 6.6 6.7 6.3 5.1 6.1 6.4 5.7 6.2 7.1 8.3 77.9 100% CII
Indoor 4.1 4.1 4.0 4.1 4.0 4.1 4.1 3.7 4.1 4.0 4.1 4.0 48.2 63% Outdoor 3.6 3.9 3.9 3.8 3.4 1.9 1.8 2.5 1.1 1.7 0.0 0.8 28.3 37% Subtotal CII 7.7 8.0 7.9 7.9 7.4 6.0 5.9 6.2 5.2 5.7 4.1 4.8 76.6 100% Dedicated Irrigation Outdoor 8.2 8.6 8.9 9.0 4.6 3.7 0.7 0.8 2.3 2.5 6.3 7.3 62.9 100% Non-Revenue Non-Revenue 3.9 4.1 1.0 1.0 0.0 0.0 2.8 2.9 2.5 2.7 1.1 1.3 23.3 100% Total
Indoor 9.2 9.2 8.9 9.2 8.9 9.2 9.2 8.3 9.2 8.9 9.2 8.9 108 45% Outdoor 13.2 14.2 14.4 14.4 9.4 5.6 3.6 5.1 4.1 5.5 8.4 11.6 109 45% Non-Revenue 3.9 4.1 1.0 1.0 0.0 0.0 2.8 2.9 2.5 2.7 1.1 1.3 23.3 10% Total 26.3 27.5 24.3 24.6 18.3 14.8 15.5 16.3 15.7 17.0 18.7 21.8 241 100% NOTES:
(a) Volumes are in units of MG.
(b) Monthly water use is estimated based on bi-monthly billing and scaled by production amount. The CII and landscape irrigation demands were adjusted to include the new large development (i.e., 4.6 MG for CII and 4 MG for landscape irrigation, respectively). (c) Totals may not sum due to rounding.
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0 5
10 15
20 25
30 July August September October November December January February March April May June (mg)
Chart C2-A Baseline Year (2020) Monthly Total Water Use by Sector Residential CII Dedicated Irrigation Non-Revenue
Water Use
0 5
10 15
20 25
30 July August September October November December January February March April May June (mg)
Chart C2-B Baseline Year (2020) Monthly Indoor vs. Outdoor Water Use Indoor Outdoor Non-Revenue
WaterUse
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2. Shortage Response Action Effectiveness
The DRT provides a quantitative framework that allows the City to systematically estimate the monthly and cumulative annual demand reductions expected to result from particular combinations of drought response actions and associated implementation rates. Data inputs to the DRT include total production, class-specific water use, population, and assumptions regarding the split between indoor and outdoor water use for each customer class.
For each drought response action, the user specifies:
• The customer class(es) and end use(s) that are affected; • The percent savings for that end use for each account that implements the action (based on evaluations reported in the literature, or where such studies are not available, on best estimates based on the City’s experience); and
• The percentage of accounts assumed to implement the action, which is presumed to be the result of the intensity level of the City’s program implementation, including but not limited to, marketing and enforcement activities.
An additional critical DRT user input is a set of constraints on demand reductions to ensure that usage levels do not endanger health and safety or result in unacceptable economic impacts. The DRT will not permit estimated usage reductions to violate these constraints, regardless of the demand reduction actions selected. The constraints are:
• A minimum residential indoor per capita daily usage of 25 gallons; • A maximum residential outdoor usage reduction of 100%; • A maximum CII indoor usage reduction of 30% except in the most extreme conditions (e.g., Shortage Levels 5 and 6); and
• A maximum CII outdoor usage reduction of 100%.
Based on the foregoing constraints, the DRT model calculates the resulting monthly savings. The City adjusted the combination of actions and implementation levels to achieve the targeted savings levels at each of the six Shortage Levels.
For each of the Shortage Levels, the modeling targeted the mid-range of the required demand reduction range, ergo:
• 5% for Shortage Level 1; • 35% for Shortage Level 4;
• 15% for Shortage Level 2;
• 25% for Shortage Level 3;
• 45% for Shortage Level 5; and
• 53% for Shortage Level 6.
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GUADALUPE VALLEY MUNICIPAL IMPROVEMENT DISTRICT STAFF REPORT Water Shortage Contingency Plan - 2023 Page 1 of 2
Meeting Date: June 29, 2023
From: District Engineer
Subject: Water Shortage Contingency Plan
Community Goal/Result - Ecological Sustainability
Purpose
To hold a Public Hearing regarding the proposed Water Shortage Contingency Plan for the Guadalupe Valley Municipal Improvement District’s (GVMID) Water System.
Recommendation
1. Hold the Public Hearing.
2. After receiving and considering comments, consider approving a Resolution of the GVMID Board of Directors Adopting a Water Shortage Contingency Plan If so approved, action taken on this Resolution 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
Senate Bill No. 552 (Hertzberg, filed with Secretary of State 9/23/21), amended the California State Water Code (commencing with Section 1609.50) and requires GVMID as a water supplier to develop a Water Shortage Contingency Plan (WSCP). The WSCP is required to be updated every five years.
Discussion
Due to the size of our water system, GVMID was not previously required to develop a WSCP; however, we voluntarily chose to do so in 2014. The attached “Water Shortage Contingency Plan – 2023 Update” dated 6/6/23 incorporates new science and further complies with Water Code section 10609.
Environmental Review
Adoption of this Resolution 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.
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Water Shortage Contingency Plan - 2023 Page 2 of 2
Fiscal Impact
None as a direct result of the recommended actions. During declared droughts, water revenue does decrease; the utility bill’s previously adopted drought contingency fee is anticipated to cover some or all of this lost revenue.
Measure of Success
Compliance with California State Water Code §10609.50 et seq., and the greater purposes of ensuring sufficient water supplies to meet the basic needs of human consumption, sanitation and fire protection; and to protect the health, safety, welfare and economic vitality of the water supplier’s customers during drought events.
Attachments
1. Proposed Resolution of GVMID Adopting a Water Shortage Contingency Plan
2. Water Shortage Contingency Plan – 2023 Update dated 6/6/23 ___________________________________ ___________________________________ Randy Breault, District Engineer Clay Holstine, District Manager 2 of 52
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Resolution No. 2023-___ -1-
RESOLUTION NO. 2023 - ___
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
GUADALUPE VALLEY MUNICIPAL IMPROVEMENT DISTRICT
ADOPTING A WATER SHORTAGE CONTINGENCY PLAN
WHEREAS, Section 10609 of the California Water Code requires the Guadalupe Valley Municipal Improvement District ("GVMID") to prepare and adopt an abridged Water Shortage Contingency Plan as GVMID meets the definition of “small water supplier” that serves 1,000 to 2,999 service connections under Water Code section 10609; and WHEREAS, conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought are essential to the public health, safety and welfare of the customers of GVMID; and
WHEREAS, regulation of the time of certain water use, manner of certain water use, design of rates, method of application of water for certain uses, and installation and use of water-saving devices provide an effective and immediately available means of conserving water for GVMID; and
WHEREAS, the Water Shortage Contingency Plan – 2023 Update, dated June 6, 2023, attached hereto, will provide a substantial framework for complying with Water Code section 10609; and
WHEREAS, the adoption and enforcement of a Water Shortage Contingency Plan is intended to (1) ensure compliance with the voluntary and mandatory reductions requested by governing authorities, such as the San Francisco Public Utilities Commission and GVMID; (2) conserve the water supply of GVMID for the greatest public benefit, with particular regard to domestic use, human consumption, sanitation, and fire protection; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Guadalupe Valley Municipal Improvement District:
1. The District determines that the above recitals are true and are incorporated herein.
2. The Water Shortage Contingency Plan – 2023 dated June 6, 2023, is hereby adopted by the Board of Directors.
_________________________________
Madison Davis, Chair
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Resolution No. 2023-___ -2-
I Ingrid Padilla, District Secretary of the Guadalupe Valley Municipal Improvement District, certify that the foregoing Resolution was introduced at the special meeting of the GVMID Board of Directors on the 29th day of June 2023, and was adopted thereafter by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
Ingrid Padilla, District Secretary
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Resolution No. 2023-___ -3-
Attach Water Shortage Contingency Plan – 2023 dated June 6, 2023 here 5 of 52
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City of Brisbane, Guadalupe Valley Municipal Improvement District 50 Park Place, Brisbane, CA 94005
CA4110002, CA4110005
June 6, 2023
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TABLE OF CONTENTS
Table of Contents...........................................................................................................................................ii Tables............................................................................................................................................................iv Appendices .................................................................................................................................................... v Abbreviations................................................................................................................................................vi
1. Declaration of Policy, Purpose, and Intent ........................................................................................... 1
2. Water Use and Supplies........................................................................................................................ 3
2.1 Current Water Use Characteristics............................................................................................ 3
2.2 Water Supply Reliability ............................................................................................................ 3
3. Authorization ........................................................................................................................................ 5
4. Application ............................................................................................................................................ 6
5. Shortage Levels and Response Actions................................................................................................. 7
5.1 Shortage Levels ......................................................................................................................... 7
5.2 Shortage Response Actions..................................................................................................... 11
5.2.1 Supply Augmentation.......................................................................................................... 11
5.2.2 Demand Reduction Methods.............................................................................................. 11
5.2.3 Operational Changes........................................................................................................... 11
5.2.4 Prohibitions on End Uses.................................................................................................... 11
5.3 Catastrophic Supply Interruption............................................................................................ 19
6. Drought Response Triggers, Notification, and Termination Procedures............................................ 21
6.1 Water Shortage Declaration and Notification Procedures..................................................... 21
6.2 Monitoring Procedures........................................................................................................... 21
6.3 Water Shortage Termination Procedures............................................................................... 22
6.4 Refinement Procedures........................................................................................................... 22
7. Regional Drought Planning Coordination and Contacts ..................................................................... 23
7.1.5 Support Services Contacts .................................................................................................. 25
8. Communication Protocols................................................................................................................... 26
9. Enforcement........................................................................................................................................ 27
10. Consequences of WSCP....................................................................................................................... 28
10.1 Financial Consequences.......................................................................................................... 28
10.2 Water Quality Consequences.................................................................................................. 28
11. Variances............................................................................................................................................. 29 7 of 52
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12. Plan Adoption, Submittal, and Availability ...................................................................................... 30 References.................................................................................................................................................. 31 Appendix A: Water System Profile and Use Characteristics...................................................................... A-1 Appendix B: Prior Drought Actions............................................................................................................ B-1 Appendix C: Analysis of Shortage Response Action Effectiveness............................................................ C-1
1. Baseline Water Use Profile ............................................................................................................ C-1
2. Shortage Response Action Effectiveness....................................................................................... C-5 8 of 52
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TABLES
Table 5-1 Water Shortage Contingency Plan Levels
Table 5-2 Potential Water Allocations by Customer Sector Table 5-3 Shortage Actions
Table 7-1 Public Safety Contact
Table 7-2 Support Services Contact
Table 9-1 Enforcement of Water Use Restrictions and Prohibitions Table A-1 System Profile
Table A-2 Average Daily Demand by Sector
Table C-1 Baseline Residential Per Capita Water Demand
Table C-2 Baseline Water Use Profile
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APPENDICES
Appendix A. Water System Profile
Appendix B. Previous Drought Response Actions
Appendix C. Drought Response Tool Results
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ABBREVIATIONS
BAWSCA Bay Area Water Supply and Conservation Agency
CA California
CII Commercial, Industrial, and Institutional
CWC California Water Code
DRT Drought Response Tool
EOP Emergency Operations Plan
ERP Emergency Response Plan
FY fiscal year
GPCD gallons per capita per day
GVMID Guadalupe Valley Municipal Improvement District
MG million gallons
MGD million gallons per day
MGY million gallons per year
MOU Memorandum of Understanding
R-GPCD residential gallons per capita per day
RWS Regional Water System
SFPUC San Francisco Public Utilities Commission
SWRCB State Water Resources Control Board
UWMP Urban Water Management Plan
WSA Water Supply Agreements
WSAP Water Shortage Allocation Plan
WSCP Water Shortage Contingency Plan
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1. DECLARATION OF POLICY, PURPOSE, AND INTENT
The City of Brisbane / Guadalupe Valley Municipal Improvement District (City/GVMID, also referred to herein as “the City”) has developed a Water Shortage Contingency Plan (WSCP) to provide a flexible framework of planned response measures to mitigate future water supply shortages. This WSCP builds upon and supersedes the WSCP that was adopted in 2014 to meet the requirements of California Water Code (CWC) §10609.60. Updates to the current WSCP reflect key lessons learned during the recent drought to improve the City’s ability to respond effectively and efficiently in the event of a future water shortage.
The City developed this WSCP based on the following guiding principle:
Eliminate water waste and prioritize reducing non-essential water uses, concentrating on the reduction of non-essential water uses such as landscape irrigation and other discretionary outdoor water use and giving the highest priority to preserving water uses that are essential to the health, safety, welfare, and economic vitality of the City’s customers.
Practically, this principle guides the City to ask for a need-based, shared contribution from all its customers towards meeting water use reduction goals during periods of water shortage. It further directs the City to focus its water conservation efforts on reducing discretionary water uses such as outdoor irrigation, while CWC § 10609.60
(a) No later than July 1, 2023, and updated every five years thereafter, a small water supplier serving 1,000 to 2,999 service connections, inclusive, and a nontransient noncommunity water system that is a school shall each develop and maintain, onsite, an abridged Water Shortage Contingency Plan (WSCP) that includes, at a minimum, all of the following drought-planning elements:
(1) Drought-planning contacts, including all of the following:
(A) At least one contact at the water system for water shortage planning and response and the development of the plan.
(B) Contacts for local public safety partners and potential vendors that can provide repairs or alternative water sources, including, but not limited to, local community-based organizations that work with the population in and around areas served by the water system, contractors for drilling wells, vended water suppliers, and emergency shower vendors.
(C) State and local agency contacts who should be informed when a drought or water shortage emergency is emerging or has occurred.
(D) Regional water planning groups or mutual aid networks, to the extent they exist. (2) Triggering mechanisms and levels for action, including both of the following:
(A) Standard water shortage levels corresponding to progressive ranges based on the water supply conditions.
Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, a fire, and other potential emergency events. (B) Water shortage mitigation, response, customer communications, enforcement, and relief actions that align with the water shortage levels required by subparagraph (A). 12 of 52
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attempting to preserve uses that are essential to health and safety such as drinking, cooking, and sanitary activities and minimizing economic and other impacts to its residential and commercial customers.
The City has developed this WSCP to address water shortage conditions resulting from any cause (e.g., droughts, impacted distribution system infrastructure, regulatory-imposed shortage restrictions, etc.).
The WSCP identifies a variety of actions that the City will implement to reduce demands and further ensure supply reliability at various levels of water shortage. 13 of 52
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2. WATER USE AND SUPPLIES
The City/GVMID collectively serve approximately 2,000 accounts and deliver 0.61 million gallons per day (MGD) of water1
. The City relies on the San Francisco Public Utilities Commission (SFPUC) Regional Water System (RWS) for all of its water supply. SFPUC RWS water is delivered to the City/GVMID through five turnouts off the Crystal Springs #1 and #2 Pipelines. The City/GVMID are operated as a combined distribution system comprised of ten pressure zones. In accordance with the SFPUC’s perpetual obligation to the City and GVMID’s Supply Assurance, the City and GVMID have a combined contractual allocation, or Supply Assurance, of 0.98 MGD (358 million gallons per year [MGY]), as documented in the 2009 Water Supply Agreement (WSA) with the City and County of San Francisco. The water system profile and water use characteristics are provided in Appendix A.
2.1 Current Water Use Characteristics
The City has among the lowest residential per capita water use of the Bay Area Water Supply and Conservation Agency (BAWSCA) member agencies and the State of California (State), and water use in the City has decreased over the last five years, primarily because of conservation during recent droughts (further described in Appendix B). The City’s low water use makes additional dry year cutbacks difficult to achieve without incurring significant impact at most cutback levels. The City’s pre-drought (FY 2019-20) baseline residential per capita water use is 44 gallons per capita per day (GPCD). By comparison, the average residential per capita water use for the BAWSCA region is 63.4 GPCD (BAWSCA, 2021). However, customer water use in the City does demonstrate seasonal variation, and approximately 45%2 of the City’s overall water use is for outdoor use, primarily attributable to irrigation. Thus, it would appear that significant savings can be achieved by limiting outdoor irrigation, without significant impacts to the City’s already efficient residential and commercial indoor water use.
2.2 Water Supply Reliability
The City/GVMID’s supply reliability relies largely on the reliability of the SFPUC RWS. The SFPUC has committed to, among other things, meeting the retail and Wholesale Customers’ average annual water demand during non-drought years and meeting dry-year delivery needs while limiting rationing to a maximum 20% system-wide reduction in water service during extended droughts. However, several potential constraints have been identified on the future supply availability of the SFPUC RWS. One of the key constraints is the adoption of the 2018 Water Quality Control Plan for the San Francisco/SacramentoSan Joaquin Delta Estuary (Bay-Delta Plan Amendment). If the Bay-Delta Plan Amendment is implemented, the SFPUC is anticipated to have sufficient supplies to meet the projected water demands in normal years but would experience significant supply shortages in single dry years or multiple dry years. 1 Based on fiscal year (FY) 2020-21 deliveries (BAWSCA, 2023). 2 The outdoor water use proportion was estimated by the Drought Response Tool, and additional details are included in Appendix C. The 45% estimate was established by assuming that the lowest water use month in each sector represents indoor water use only, and that the indoor water use remains consistent throughout the year. The remaining water use is allocated to outdoor water use.
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Based on the current allocation methodology 3, the City’s current demand projections 4, and SFPUC’s projected dry year cutbacks, the City is anticipated to experience up to a 145 million gallon (MG) (46%) supply shortfall in single dry years by 2045 and up to 171 MG (54%) supply shortfall in multiple dry years by 2045 if the Bay-Delta Plan Amendment is implemented.
However, numerous uncertainties remain in the implementation of the Bay-Delta Plan Amendment and the allocation of the available supply between the Wholesale Customers of the SFPUC’s RWS. Among these uncertainties are the ongoing Voluntary Agreement negotiations between SFPUC, the California State Water Resources Control Board (SWRCB), and other stakeholders and a Memorandum of Understanding (MOU) between SFPUC, Governor Newsom’s senior water policy officials, and the Modesto and Turlock Irrigation Districts, signed in November 2022. This MOU includes, among other things, protection of water supplies for RWS customers and a commitment by the parties for new flows in the Tuolumne River. Regardless of the recent progress made through the November 2022 MOU, a Voluntary Agreement has yet to be approved by the SWRCB as an alternative to the Bay-Delta Plan Amendment, and shortages and supply cutback values associated with this alternative are unknown. The resultant supply reliability and the frequency of supply shortfalls for the City cannot be known currently.
Considering the uncertainties on RWS reliability, the City has placed high priority on working with SFPUC and BAWSCA to better refine the estimates of RWS supply reliability. The SFPUC and BAWSCA have also been taking various actions to improve the reliability of the RWS supply, including implementing a number of dry year water supply projects, exploring alternative water supplies, and implementing Long-Term Reliable Water Supply Strategy recommendations.
3 The SFPUC and the Wholesale Customers have negotiated and adopted a plan to allocate the RWS supply during system-wide shortages of 20% or less. To address the instances where the supply shortfalls are projected to be greater than 20%, BAWSCA has developed a revised methodology to allocate the RWS supply. This allocation method is intended to serve as the preliminary basis for the 2020 Urban Water Management Plan (UWMP) supply reliability analysis and does not in any way imply an agreement by BAWSCA member agencies as to the exact allocation methodology.
4 Projected demands for the City are per City of Brisbane, 2022, DSS Model for the City of Brisbane, prepared by Maddaus Water Management, updated by the City of Brisbane August 2022. The DSS Model was updated to use 2017 as starting year for projections because 2017 is more representative of the City's current water use trends. Per the DSS Model, projected demands for the City are 290 MGY in 2045. 15 of 52
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3. AUTHORIZATION
The City / GVMID WSCP is adopted by City Resolution No. 2023-__, and GVMID Resolution No. 2023- __, resolutions of the City Council and GVMID Board adopting a Water Shortage Contingency Plan.
The City’s Public Works Director/City Engineer or his designee (referred to herein as “the Director”) is authorized to implement the applicable provisions of the WSCP upon determination that such implementation is necessary to protect public health, safety, and welfare. The Director has the authority to initiate or terminate drought or other water supply emergency response measures as described in the WSCP.
The Shortage Level will become effective after the Director declares a particular Shortage Level and has published notice of this determination. Once effective, the provisions of a water Shortage Level will stay in effect until (1) a different Shortage Level is declared; or (2) the Public Works Director/City Engineer determines that the water shortage condition no longer exists and the City has published notice of this determination.
The contact information for the Director is provided below:
City of Brisbane
Public Works Director/City Engineer
50 Park Place
Brisbane, CA 94005
(415) 508-2130
[email protected]
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4. APPLICATION
The provisions of the WSCP shall apply to all persons, customers, and property utilizing water provided by the City. The terms “person” and “customer” as used in the WSCP may include individuals, corporations, partnerships, associations, and all other legal entities. 17 of 52
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5. SHORTAGE LEVELS AND RESPONSE ACTIONS
Consistent with the requirements of CWC §10609(a)(2), this WSCP is based on the six Shortage Levels shown in Table 5-1. These Shortage Levels are intended to address shortages caused by any condition, including the catastrophic interruption of water supplies. Table 5-1 summarizes the water supply reductions and supply conditions associated with each Shortage Level.
5.1 Shortage Levels
Table 5-3 describes the customer restrictions and prohibitions and consumption reduction methods (i.e., the actions to be taken by City staff) associated with each Shortage Level. Specific prohibitions and consumption reduction methods are discussed in more detail below. The monthly and cumulative annual water savings impacts associated with each restriction, prohibition, and consumption reduction method were quantitatively estimated using the Drought Response Tool (DRT) for each Shortage Level (see Appendix C).
CWC § 10609.60 (a) (2)
Triggering mechanisms and levels for action, including both of the following:
(A) Standard water shortage levels corresponding to progressive ranges based on the water supply conditions.
Water shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, a fire, and other potential emergency events. (B) Water shortage mitigation, response, customer communications, enforcement, and relief actions that align with the water shortage levels required by subparagraph (A). 18 of 52
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Table 5-1 Water Shortage Contingency Plan Levels
Shortage Level
Estimated
Water Shortage
Range (a)
Trigger Response Action
No Drought N/A N/A
Includes water waste prohibitions
effective at all times as specified in
Chapter 8.40 of the Brisbane
Municipal Code.
1 Up to 10%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of up to 10% due to water
supply shortages or an emergency or (2)
local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of up to
10%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
2 Up to 20%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of up to 20% due to water
supply shortages or an emergency or (2)
local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of up to
20%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
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Shortage Level
Estimated
Water Shortage
Range (a)
Trigger Response Action
3 Up to 30%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of up to 30% due to water
supply shortages or an emergency or (2)
local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of up to
30%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
4 Up to 40%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of up to 40% due to water
supply shortages or an emergency or (2)
local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of up to
40%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
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Shortage Level
Estimated
Water Shortage
Range (a)
Trigger Response Action
5 Up to 50%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of up to 50% due to water
supply shortages or an emergency or (2)
local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of up to
50%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
6 >50%
Declaration by the Public Works
Director/City Engineer upon the
determination that (1) the SFPUC or another
governing authority (e.g., the SWRCB) has
required a voluntary or mandatory reduction
in water use of greater than 50% due to
water supply shortages or an emergency or
(2) local conditions impacting the quantity or
quality of City’s water supply warrant the
need for a reduction in water use of greater
than 50%.
Includes implementation of
mandatory restrictions on end
uses as well as agency actions (see
Table 5-3).
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5.2 Shortage Response Actions
This section describes the response actions the City will take to deal with the shortages associated with each of the six Shortage Levels. Shortage response actions for each Shortage Level are enumerated in Table 5-3.
5.2.1 Supply Augmentation
The City relies on the SFPUC RWS for its potable supplies. There are currently no supply augmentation actions planned in the City’s shortage response actions. However, potential transfer and exchange opportunities exist within and outside of the SFPUC RWS.
The Water Shortage Allocation Plan (WSAP) adopted by all BAWSCA agencies and the SFPUC provides the basis for voluntary transfers of water among BAWSCA agencies during periods when mandatory rationing is in effect on the SFPUC RWS. Some BAWSCA agencies have the capacity to rely on groundwater or other sources during dry years and thus may be willing to transfer a portion of their wholesale water entitlement to other BAWSCA agencies in need of supply above their allocations. Securing water from willing sellers outside the SFPUC RWS is a more complex process than transfers within the RWS, which requires both a contract with the seller agency and approval by the SFPUC. BAWSCA has the authority to plan for and acquire supplemental water supplies and continues to evaluate the feasibility of water transfers as part of its implementation of its Long-Term Reliable Water Supply Strategy.
5.2.2 Demand Reduction Methods
As discussed above, Table 5-3 lists the demand reduction methods that the City will implement during each Shortage Level to reduce the City’s own water consumption and encourage reduction in water use by its customers. The monthly and cumulative annual water saving impacts associated with each restriction, prohibition, and consumption reduction method were quantitatively estimated using the DRT for each Shortage Level (see Appendix C).
A focus of the City’s planned consumption reduction measures is to increase public outreach and keep customers informed of the water shortage emergency and actions they can take to reduce consumption.
The public outreach efforts that the City will implement to respond to a water shortage are described in Section 8.
5.2.3 Operational Changes
Table 5-3 lists the operational changes that the City will implement during each Shortage Level including measures to: (1) reduce system losses through a reduction in flushing of water distribution mains, (2) increase enforcement and customer service, and (3) implement the demand reduction methods.
5.2.4 Prohibitions on End Uses
Chapter 8.40 of the City’s Municipal Code describes the following prohibited uses of water under all hydrologic conditions:
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• Excessive irrigation of landscaping, defined as the irrigation of landscaping that allows water to accumulate on the surface and overflow into adjacent gutters, storm drains, driveways, sidewalks, streets, or other non-landscaped areas for a period of four or more consecutive hours. • Excessive watering of impervious surfaces, defined as watering so that water falls directly onto impervious surfaces to the extent that running water leaves the property and flows into adjacent gutters, storm drains, driveways, sidewalks, streets, or other conveyance for a period of four of more consecutive hours.
• Failure to repair a water leak, defined as the leakage of water from any broken or defective plumbing, sprinklers, watering, or irrigation system for a period of forty-eight (48) hours, during which the leak should reasonably have been discovered and corrected.
On 24 May 2022, the SWRCB adopted an emergency water conservation regulation prohibiting the irrigation of “non-functional turf” in the commercial, industrial, and institutional (CII) sectors, which includes all ornamental turf except turf regularly used for human recreational purposes or civic/community events. This regulation took effect on 10 June 2022 and its expiration date was extended to June 4, 2024 by order of the Office of Administrative Law on 6/5/23 (refer to OAL Matter Number 2023- 0526-01).
Restrictions and prohibitions associated with each Shortage Level are presented in Table 5-3. Consistent with the guiding principle for the WSCP, these responses focus on the reduction of non-essential water uses such as ornamental landscape irrigation, and preserve water uses that are vital to the health, safety, welfare, and economic vitality of the City’s customers. Lower Shortage Levels of the WSCP focus on guiding customer actions through prohibitions on end uses, while subsequent Shortage Levels of the WSCP include increasingly restrictive prohibitions and conformance with water allocations that will be assigned to each customer account.
The City anticipates assigning water allocations to each customer account during higher WSCP Shortage Levels (i.e., Shortage Levels 5 through 6). Table 5-2 further describes how the cutbacks will be distributed between water use sectors and end uses to collectively achieve the targeted water savings associated with each Shortage Level. The measures and prohibitions described for each Shortage Level in Table 5-3 are designed to assist customers in meeting their target reductions and water budgets.
As discussed in Section 2.1 above, the City serves water to residential, commercial, and dedicated irrigation customers. The City has among the lowest residential per capita water use in the State.
Therefore, achieving the targeted demand reductions in Shortage Levels 5 and 6 would significantly impact the essential water use of the City’s residential and CII customers. The levels of rationing suggested in Table 5-3 for Shortage Levels 5 and 6 are intended to be implemented only during a short-term emergency such as a critical interruption lasting less than a week. The City will prioritize furnishing water transfers or alternative supplies in the event of a prolonged shortage condition and consult with its customers to identify alternative water saving actions. 23 of 52
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Table 5-2 Potential Water Allocations by Customer Sector Customer Category
Potential Water Allocations
Level 1 Level 2 Level 3 Level 4 Level 5 Level 6
Residential Allocation -- -- - - 25 GPCD 25 GPCD
Commercial Customer -- -- - - 55% 55%
Irrigation Customer -- -- - - 25% 0%
Notes:
(a) Water allocations for commercial and irrigation customers are presented as the percentage of water use allocated to each customer compared to the customer’s water use during the most recent non-drought year.
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Table 5-3 Shortage Actions
Shortage
Level Agency Actions Shortage Response Actions Saving Estimate 1 • City may implement social media
campaigns, newspaper articles, and the
City website to promote drought
conservation.
• City may host water efficiency workshops
or other public events.
• Enforce the water waste ordinance to the
maximum extent. (a)
• Coordinate with BAWSCA and the SFPUC.
(a)
• Convert to more frequent meter reading
for high water users. (a)
1. Stop washing down paved surfaces, including but not limited to, sidewalks, driveways, parking lots, tennis courts or patios, except when necessary to address an immediate health, safety, or sanitation need.
2. Stop the application of potable water to outdoor landscapes in a manner that causes excessive runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or other hardscapes and structures.
3. Do not irrigate residential and commercial landscapes between the hours of 9:00 a.m. and 6:00 p.m. or during rain events.
4. Use a hand-held hose equipped with an automatic shut-off nozzle or bucket to water landscaped areas that are not irrigated by a landscape irrigation system. (a)
5. Irrigate nursery and commercial growers’ products before 10:00 a.m. and after 6:00 p.m.
Watering is permitted at any time with a hand-held hose equipped with an automatic shutoff nozzle, a bucket, or a drip/micro-irrigation system. Irrigation of nursery propagation beds is permitted at any time. Watering of livestock is permitted at any time. (a)
6. Use only re-circulated or recycled water to operate ornamental fountains.
7. Wash vehicles using a bucket, a hand-held hose with an automatic shut-off nozzle, a mobile high pressure/low volume wash system, or at a commercial site that re-circulates (i.e., reclaims) water on-site.
8. Serve and refill water in restaurants and other food service establishments only upon request.
9. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.
10. Potable water shall not be used for street washing.
11. Potable water shall not be used to irrigate ornamental turf on public street medians.
12. Require repair of leaks, breaks, or malfunctions in lines, fixtures, or facilities within 1 day.
13. Use recycled water for construction purposes, if available. (a)
14. No new, non-residential water meters may be issued unless the Director determines that such issuance will not impede the City’s compliance with the required water use reductions. (a)
6%
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Shortage
Level Agency Actions Shortage Response Actions Saving Estimate 2 • Continue with actions and measures from
Shortage Level 1 except where
superseded by more stringent
requirements.
• Conduct inspection of the system and
accelerate repairs to reduce water loss.
• Decrease frequency and length of line
flushing.
• Conduct in-house training so City staff are
prepared to respond to customer calls,
reports and complaints, and to support
enforcement actions. (a)
• Inform local fire department of water
supply status and request cooperation in
reducing fire training exercises that use
water. (a)
1. Continue with Shortage Level 1 restrictions and prohibitions except where superseded by more stringent requirements.
2. Limit irrigation to no more than three (3) days per week. Does not apply to commercial growers or nurseries.
3. Prohibit filling or re-filling ornamental of lakes or ponds except (1) as needed to sustain aquatic life (2) with or using recycled water, if available.
4. Prohibit use of potable water for construction and dust control.
5. Require pre-rinse spray valves for commercial kitchens.
6. Prohibit single-pass cooling systems.
7. Prohibit vehicle washing except at facilities using recycled or recirculating water. 16%
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Shortage
Level Agency Actions Shortage Response Actions Saving Estimate 3 • Continue with actions and measures from
Shortage Level 2 except where
superseded by more stringent
requirements.
• Continue with media campaigns and other
outreach events to enforce water
conservation.
• Inform local fire department of water
supply status and request elimination of
fire training exercises that use water. (a)
• Suspend issuance of new potable water
service, new temporary meters or
permanent meters, and statements of
immediate ability to serve except under
the following circumstances: (a)
o A valid, unexpired building permit
has been issued;
o The project to protect the public
health and safety;
o Enforceable commitment of
water demand offset; or
o Continuation or restore service
interrupted < 1 year.
1. Continue with Shortage Level 2 restrictions and prohibitions except where superseded by more stringent requirements.
2. Prohibit outdoor watering with potable water more than 10 minutes per day and 1 day per week. Does not apply to commercial growers or nurseries. 28%
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Shortage
Level Agency Actions Shortage Response Actions Saving Estimate 4 • Continue with actions and measures from
Shortage Level 3 except where
superseded by more stringent
requirements.
• Implement drought rate structure / water
budgets.
• Conduct surveys targeting high water
users with CII, irrigation, and residential
accounts.
1. Continue with Shortage Level 3 restrictions and prohibitions except where superseded by more stringent requirements.
2. Prohibit landscape irrigation with potable water, except crops and landscape products of commercial growers and nurseries. This restriction shall not apply to the following categories of use unless the Director has determined that recycled water is available and may be lawfully applied to the use.
o Maintenance of trees and shrubs located on residential and commercial properties, no more than one (1) time per week by using a bucket, hand-held hose with an automatic shut-off nozzle, or low-volume non-spray irrigation on a schedule established by the Director and posted on the City’s website; o Maintenance of existing landscaping necessary for fire protection as specified by the Fire Marshal of the local fire protection agency having jurisdiction over the property to be irrigated;
o Maintenance of existing landscaping for erosion control; o Maintenance of landscaping within active public parks and playing fields, daycare centers, and school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two (2) days per week according to the schedule established by the Director and posted on the City’s website; o Watering of livestock; and
o Public works projects and actively irrigated environmental mitigation projects. 39%
5 • Continue with actions and measures from
Shortage Level 4 except where
superseded by more stringent
requirements.
• Increase enforcement and water waste
patrols.
• Reduce distribution system pressures.
• Develop allotments for all accounts and
notice those accounts appropriately.
1. Continue with Shortage Level 4 restrictions and prohibitions except where superseded by more stringent requirements.
2. All dedicated irrigation customers shall reach a water reduction of 75% from the water use of the most recent non-drought year.
3. All residential and CII customers shall reach a water reduction of 45% from the water use of the most recent non-drought year. The estimated allotment for residential customers is 25 GPCD.
o New residential customers will receive an allotment based on the residential demand of 25 GPCD and person per household (and number of units for multifamily residence). 44%
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Shortage
Level Agency Actions Shortage Response Actions Saving Estimate 6 • Continue with actions and measures from
Shortage Level 5 except where
superseded by more stringent
requirements.
• Increase staff enforcement to ensure
customers comply with the assigned
water budget.
• Increase public outreach, including
establishment of a dedicated customer
service hotline.
• Schedule staff for enforcement and
customer service, including on weekends.
May include hiring additional, temporary
staff.
• Convert to more frequent meter reading
and billing for all customers.
1. Continue with Shortage Level 5 restrictions and prohibitions except where superseded by more stringent requirements.
2. All dedicated irrigation customers shall reach a water reduction of 100% from the water use of the most recent non-drought year.
53%
Notes:
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5.3 Catastrophic Supply Interruption
Catastrophic supply interruptions may be caused by a regional power outage, natural disaster, or national security/terrorism emergencies. Catastrophic interruptions may occur in the SFPUC RWS or in the City water distribution system. In the event of a catastrophic supply interruption, the response procedures that the City would follow are described in:
• SFPUC Emergency Operations Plan (EOP);
• San Mateo County’s Operational Area EOP Potable Water Procurement and Distribution Annex (San Mateo County’s EOP);
• City of Brisbane Emergency Operations Plan (Basic Plan); and • City of Brisbane Emergency Response Plan (ERP).
In the event of a catastrophic supply interruption, the response procedures that the City would follow are described in the SFPUC EOP as well as the San Mateo County Operational Area EOP (County of San Mateo, 2004) and the Basic Plan (City of Brisbane, 2018) and those sections related to utility recovery in the Earthquake Annex to the Basic Plan. Actions described in the SFPUC EOP focus on maintaining flow within, and from, the RWS pipelines. SFPUC’s emergency preparedness procedures are described in detail in the SFPUC EOP. The San Mateo County’s EOP addresses San Mateo County’s planned response to extraordinary emergency situations associated with natural disasters, man-made technological incidents, and national security emergencies. This EOP is a preparedness document that is designed to be read, understood, and exercised prior to an emergency. Each agency is responsible for ensuring the preparation and maintenance of appropriate and current Standard Operating Procedures, Emergency Operating Procedures, and alert lists that will support San Mateo County’s EOP.
Together, these EOPs/ERP provide the framework for responding to major emergencies or disasters associated with natural disasters, technological incidents, and national security/terrorism emergencies.
Sections of these EOPs/ERP outline specific strategies to prepare for, mitigate, respond to, and recover from an emergency or disaster that affects the water utilities that serve the population within San Mateo County.
The City is in the process of updating its ERP to address the City’s response to catastrophic supply interruptions as well as other emergencies. The City’s ERP will include information on key facilities, emergency response roles, communication methods, public notification information, response actions and procedures, mitigation actions, and detection strategies. The ERP will include incident action checklists for the possible water supply catastrophes including: contamination, cybersecurity, drought, earthquake, flooding, pandemic, power outage, and wildfire.
The City may evaluate and require appropriate WSCP response actions during a catastrophic supply interruption, such as end-use prohibitions and mandatory rationing, as well as implement the operational changes and communication protocols described herein.
When a shortage declaration appears imminent, the Director manages related activities and will serve as the Emergency Response Lead. In the absence of the Director, the Director’s assigned proxy or other available supervisory personnel will serve as the Emergency Response Lead. If warranted, the City’s EOP will be activated and information will be provided to Brisbane Police, North County Fire Authority, and San Mateo County. The Director will also provide essential information to the public, including coordinating information with other jurisdictions, if necessary, before releasing information to the news media.
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The City has sufficient facilities and infrastructure to reroute around most temporary water supply disruptions. The City also has emergency interties with the Cal Water – South San Francisco District and the City of Daly City. The City typically has three days of average daily water for emergency, fire, and operational needs in the City’s water tanks at all times.
The City may evaluate and require appropriate WSCP response actions during a catastrophic supply interruption, such as end-use prohibitions and mandatory rationing, as well as implement the operational changes and communication protocols described herein.
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6. DROUGHT RESPONSE TRIGGERS, NOTIFICATION, AND TERMINATION PROCEDURES The section describes the triggering mechanisms, customer notification procedures, monitoring, and termination procedures for the WSCP.
6.1 Water Shortage Declaration and Notification Procedures The provisions of each drought Shortage Level are triggered upon the Director’s determination that a Governing Authority has required the City to achieve a voluntary or mandatory reduction in water use because of water shortage conditions.
For shortages due to drought on the RWS, the SFPUC allocates water under the WSAP, also known as the Tier One Plan, included in the WSA. The Wholesale Customers’ share is then apportioned among the individual Wholesale Customers, including the City/GVMID collectively, based upon a separate methodology adopted by the Wholesale Customers, known as the Tier Two Plan.5 Upon declaration by the SFPUC of a water shortage emergency and subsequent confirmation by BAWSCA and SFPUC of the City’s water supply allocation, the Director will compare the City’s allocation to its projected water demands for the following year to determine the required cutback and associated Shortage Level.
The Director will monitor water supply and/or demand conditions on a monthly basis to determine if a water shortage condition exists and the severity of any such water shortage condition. The Director shall implement the following notification procedures accordingly.
The Public Works Director, or designee, will notify the public by means of electronic notification and direct mailings to customers as necessary. Electronic notification includes website alerts, social media, and weekly and monthly electronic newsletters. Prepared materials from the Department of Water Resources’ “Save Our Water Toolkit” may be used as drought communication tools with the City logo added. The link for these materials is provided below:
https://saveourwater.com/en/Partner-Toolkit
Additional communications protocols are provided in Section 8.
The provisions for each Shortage Level will become effective five (5) days after the Director determines that a particular Shortage Level should be triggered and has published notice of this determination by mail to the City’s customers.
6.2 Monitoring Procedures
The City monitors water use through analysis of wholesale water purchases and customer meter readings.
The City receives monthly water purchase totals directly from each of the turnout meters read by SFPUC to monitor wholesale water purchases. In addition, each customer account is metered. Some large 5 The Tier One Plan and Tier Two Plan only apply to RWS system-wide shortages of 20% or less. There is currently no methodology for sharing available water between SFPUC and the Wholesale Customers for system-wide shortages of greater than 20%
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landscape sites, including City parks and schools, have dedicated irrigation meters to monitor water use for landscape irrigation separately from indoor uses.
The City reads all customer meters on a bi-monthly basis. During a supply shortage, the City will continue to monitor water use on this schedule to determine the effectiveness of the customer response to the implementation of this WSCP. If necessary, the City may increase the frequency of meter readings and increase proactive leak checks and water audits based on customer consumption.
6.3 Water Shortage Termination Procedures
Once effective, the provisions of a Shortage Level will stay in effect until (1) the effective date of a different Shortage Level is triggered; or (2) the Director determines that the water shortfall condition no longer exists and has published notice of this determination electronically and, if necessary, by mail.
After the termination of the water shortage conditions, the Director will oversee any remaining termination and WSCP review activities. These activities could include:
• Restore water utility operations, organization, and services to pre-event levels. • Document the event and response and compile applicable records for future reference. • Collect cost accounting information, assess revenue losses and financial impact, and review deferred projects or programs.
• Debrief staff and partner agencies to review effectiveness of actions to identify lessons learned and to enhance response and recovery efforts in the future. • Update the WSCP, as needed.
6.4 Refinement Procedures
The WSCP is implemented as an adaptive management plan. The City will evaluate revisions to its WSCP as needed. The evaluation will consider the effectiveness of WSCP actions and any anticipated water supply shortages. If the WSCP is revised, the Council will adopt a new resolution adopting the revised WSCP.
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7. REGIONAL DROUGHT PLANNING COORDINATION AND CONTACTS
This section provides the regional drought planning coordination procedures and key contacts for public safety partners, state and local agency contacts, regional water planning groups, and state and local agencies.
The Public Works Director, or designee, will notify the following individuals and entities of restrictions or water shortages, as defined in the subsections below, as appropriate for each Shortage Level. CWC § 10609.60(a)(1)
Drought-planning contacts, including all of the following:
(A) At least one contact at the water system for water shortage planning and response and the development of the plan.
(B) Contacts for local public safety partners and potential vendors that can provide repairs or alternative water sources, including, but not limited to, local community-based organizations that work with the population in and around areas served by the water system, contractors for drilling wells, vended water suppliers, and emergency shower vendors.
(C) State and local agency contacts who should be informed when a drought or water shortage emergency is emerging or has occurred.
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Table 7-1 Public Safety Contact
Organization or
Department Name & Position Telephone Email
Fire Department
North County
Fire Authority
Ron Myers, Fire Chief (650) 991-8138 [email protected] Partnering Water
Systems - - -
San Mateo
County Office of
Emergency
Services
Will Young, Bureau
Lieutenant (650) 363-4911 --
County
Environmental
Health Specialist
Heather Forshey, Director (650) 372-6200 [email protected] State Water
Board District
Engineer
Van Tsang, District
Engineer (510) 620-3602 [email protected]
Wholesaler
Steve Ritchie, Assistant
General Manager -
Water, SFPUC
(415) 701-2311 [email protected]
County Public
Health Louise Rogers, Chief (650) 867-1661 [email protected] Critical Water
Users (schools,
hospitals, etc.)
Ronan Collver,
Superintendent, Brisbane
School District
(415) 467-0550 [email protected]
Regional Water
Planning Contact
Nicole Sandkulla, Chief
Executive Officer and
General Manager,
BAWSCA
(650) 349-3000 [email protected]
Mutual Aid
Contact /
CalWarn Contact
Paul Gilbert-Snyder,
Steven Hancock, Chairs of
CalWarn, Region II –
Coastal Region
(510) 287-0432;
(707) 292-1195 [email protected]
Note: This notification section provides potential agencies that should be considered for coordination of water shortages. More specific contacts for each Shortage Level are provided below. 35 of 52
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7.1.5 Support Services Contacts
The following is a listing of support services that may be appropriate for a water shortage emergency.
Table 7-2 Support Services Contact
Organization or
Department Name & Position Telephone Email
Water Operator Dustin Cohn - Water
Team Leader 415- 298-8644 [email protected]
Back-up Water
Operator
Devin Gutierrez - Water
Unit Leader 415-205-6957 [email protected]
Electric Utility Co. PG&E Contact Number 800-743-5000 - Electrician Dan Charles - Charles
Electric 650-766-1000 [email protected]
Note: In the event of an emergency, the City's Logistics Section in its Emergency Operations Center can submit a request to the San Mateo County Operational Area for any supplies not sourceable locally. 36 of 52
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8. COMMUNICATION PROTOCOLS
Even before formal declaration of a water shortage, the City will activate a public information program to provide customers with as much advance notice as possible. Following declaration of a shortage, customers will be provided notice of water shortage rules and regulations via a variety of media and communications methods.
Coordination between City departments and with other public agencies can begin prior to formal declaration of a water shortage and can be accomplished through regular meetings, e‐mail group updates, and presentations. In a regional water shortage scenario, the City will use the public outreach resources and materials provided by BAWSCA and/or SFPUC. In addition to these materials, the City may develop its own materials and use the following media and methods to communicate with customers:
• City of Brisbane website alerts.
• Social media (Instagram, Facebook, Nextdoor, Twitter). • Monthly electronic newsletters.
• Community signboards.
• Direct mailings to customers.
• Utility bill messaging and inserts.
• Brochure racks distributed throughout the City (e.g., the Public Library and City Hall). • Water Conservation phone hotline.
• Booths at community and corporate events.
The City currently has less than one full-time employee with responsibilities for water conservation.
Staff time dedicated to water conservation and enforcement action will increase with the severity of a supply shortage. Additional duties may be assigned to current City employees, or the hiring of temporary staff may be considered to meet staffing needs during extreme water shortages. CWC § 10632 (a) (5)
Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:
(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.
(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1. (C) Any other relevant communications.
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9. ENFORCEMENT
Enforcement of the City’s water conservation regulations is focused on soliciting cooperation from water customers who are unaware of the restrictions or have failed to comply with the provisions of the City’s Water Shortage Ordinance and this WSCP. If discussions with the customer are unsuccessful in obtaining compliance, available enforcement mechanisms detailed in the City’s Water Shortage Ordinance include written warnings, fines, penalties, and enforcement provisions as set forth in Chapter 8.40.030 of the City’s Municipal Code. Enforcement actions are further described in Table 9-1.
During prior water shortage periods, the City implemented excess use fees for customers who consumed more water than their allocation. Similar excess water use charges may be implemented again if the City’s WSCP is implemented and if water use allocations are necessary (i.e., in Shortage Levels 5 and 6).
City employees and members of the public may register water waste complaints through a telephone hotline or bring the complaint directly to City staff. Staff will be available to provide information and respond to complaints. Staff may also seek assistance from other City departments in responding to complaints, including those received directly or via the State Water Waste Reporting Portal, and enforcing water use restrictions.
As mentioned in Section 8, staff time dedicated to water conservation and enforcement action will increase with the severity of a supply shortage. Enforcement duties may be assigned to current City employees, or the hiring of temporary staff may be considered to meet staffing needsfor compliance during extreme water shortages.
Table 9-1 Enforcement of Water Use Restrictions and Prohibitions Violation Enforcement Action or Penalty
1st The City will attempt to educate the customers by contacting them and informing the customer about the violation, potential penalties, and compliance requirements. 2nd
The City will send a written notice to the customer specifying the nature of the violation and the date and time of occurrence and request that the customer cease the violation and take prompt remedial action. The City will provide the customer with a copy of the Water Shortage Ordinance and inform the customer that failure to comply may result in fines or penalties.
3rd
The City will make reasonable efforts to notify the customer of the violation and post a notice on the front door or other point of entry onto the property requiring the customer to cease the violation and take remedial action within 48 hours of the onsite notification. Any person who receives a notice of correction who fails to eliminate water waste as required by the notice may be subject to penalties, and enforcement provisions set forth in Chapters 1.14, 1.16, 1.18 and 8.40 of the City’s Municipal Code and may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days and/or by a fine not exceeding one thousand dollars ($1,000.00) (as provided in Water Code Section 377). .
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10. CONSEQUENCES OF WSCP
10.1 Financial Consequences
In the event of a drought, if the City anticipates significant loss in revenue due to decreased water consumption, the City may increase its water rates or modify the drought surcharge so that customers are charged for the actual cost of providing water during a shortage. Current rates and applicable drought surcharges are specified in the City’s adopted water rate schedule.
The City understands the projected ranges of water sales by Shortage Level and what the impact of reduced water sales would be on projected revenues.
The administration of the WSCP will also have an impact on the City’s general and administrative costs.
Costs could include funding additional staff focused on high water consumption monitoring, water waste patrols, additional billing requirements, and customer outreach. Other costs could be related to funding additional rebate programs, print and mail costs for additional outreach, and expenses related to creating and enforcing customer water budgets. These costs will be considered whenever the City’s budget is next adopted. Revenue from potential excess use charges as a result of implementation of the water allocation program can also be applied towards the administration of the WSCP to help offset the revenue shortfalls.
10.2 Water Quality Consequences
The City’s primary water quality concerns during shortage are impacts to distribution system water quality. Reduced flushing and increased water age in storage tanks may pose water quality challenges with reduction in demands. The City will monitor water quality and may need to occasionally drain storage tanks if nitrification issues arise.
The City's wastewater is treated at the Southeast Treatment Plant, operated by the SFPUC, located in San Francisco, California. In the event of a substantial decrease in water supply to the City and other customers of the treatment plant, SFPUC may encounter various water quality challenges, including elevated levels of concentrated nitrate and total dissolved solids, that could impact the proper functioning of the wastewater treatment plant. To address the potential impacts of drought, water supply shortages, and water quality concerns, the City will work with the SFPUC as needed. 39 of 52
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11. VARIANCES
The Director may grant, in writing, a temporary variance for existing water uses otherwise prohibited under this WSCP if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance, and if one or more of the following conditions are met:
(a) Compliance with this WSCP cannot be technically accomplished during the duration of the water supply shortage or other condition for which the WSCP is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use.
Persons requesting an exemption from the provisions of this Water Shortage Ordinance shall file a petition for variance with the water system within 5 days after the WSCP or a particular Shortage Level has been invoked. All petitions for variances shall be reviewed by the Director and shall include the following:
(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the WSCP from which the petitioner is requesting relief. (d) Detailed statement as to how the specific provision of the WSCP adversely affects the petitioner or what damage or harm will occur to the petitioner or others if the petitioner complies with this Water Shortage Ordinance.
(e) Description of the relief requested.
(f) Period of time for which the variance is sought.
(g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this WSCP and the compliance date. (h) Other pertinent information.
A decision on the variance request will be returned to the customer within 10 days. 40 of 52
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12. PLAN ADOPTION, SUBMITTAL, AND AVAILABILITY
The City informed the public of: (1) its intent to prepare a WSCP, (2) where the WSCP was available for public review, and (3) when the public hearing regarding the WSCP would be held.
Public notice was provided on the City’s website beginning on 17 May 2023. Notice was also provided to the City’s customers through the City’s Blast (weekly digital community updates) on 1 May, 24 May, 31 May, 7 June, and 14 June 2023. Additional notice was published in the Brisbane STAR monthly community newsletter on 1 June 2023.
A copy of the adopted 2023 WSCP will be available for public review in City Hall during normal business hours and on the City’s website by 1 July 2023.
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REFERENCES
BAWSCA, 2021. Bay Area Water Supply and Conservation Agency Annual Survey, FY 2019-2020, March 2021.
BAWSCA, 2022. Bay Area Water Supply and Conservation Agency Annual Survey FY 2020-21, March 2022.
BAWSCA, 2023. Member Agency Profiles: City of Brisbane/Guadalupe Valley Municipal Improvement District, accessed on 18 May 2023.
City of Brisbane, 2018. Emergency Operations Plan – Basic Plan, November 2018.
County of San Mateo, 2004. San Mateo County/ Operational Area Emergency Operations Plan, Potable Water Procurement and Distribution Annex, 3rd Edition, July 2004.
County of San Mateo, 2016. San Mateo County Hazard Mitigation Plan, prepared by Tetra Tech, dated July 2016.
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Appendix A: Water System Profile and Use Characteristics The City of Brisbane is located in North San Mateo County, and it operates both the City of Brisbane Water District and the GVMID. The GVMID is an area within the Brisbane city limits composed of an industrial park development and a small residential enclave. The two districts are operated as a combined system with ten pressure zones, and various pressure reducing valve stations that allow for water to be distributed within the system. The only source of potable water for the combined system comes from the Crystal Springs Pipeline #1 and #2. The City of Brisbane Water District has 0.9 MG of local storage and the GVMID has 2.0 MG of local storage. Together the system can hold more than three days’ worth of demand (BAWSCA, 2023). Table A-1 summarizes the key components of the combined water system.
The total demand for both districts has been decreasing between 2019 and 2023. This is primarily due to the City's response to the most recent drought (Appendix B). Table A-2 shows water demand by sector over the last four years, and in general, residential and commercial/industrial demand are the largest two sectors (BAWSCA, 2023).
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Table A-1 System Profile
Area Size 3.4 square miles
Service Population (a) 4,851
Number of Accounts 2,041
Number of SFPUC RWS Connections 5 (3 for the City of Brisbane District, 2 for GVMID) Connections To SF RWS Mains Crystal Springs Pipeline #1 and #2 Avg. Day Demand (MGD) 0.61
Avg. Day Purchases From SF RWS (MGD) 0.61
% Demand Met With SF RWS Supplies 100.0%
Maximum Local Water Production (MGD) 0
Alternative Supply Sources None
Interties With Other Agencies California Water Service – South San Francisco, Daly City
Local Storage (MG) 2.9
Days of Storage
3 – Combined storage. All zones can meet the
8 hour criteria either separately or by pumping
from zones with excess capacity.
Notes:
(a) Service population is based on the 2020 U.S. Census data for the City of Brisbane. 44 of 52
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Table A-2 Average Daily Demand by Sector
Sector FY 18-19 FY 19-20 FY 20-21 FY 21-22
(MGD) Percent
Total
Demand
(MGD) Percent
Total
Demand
(MGD) Percent
Total
Demand
(MGD) Percent
Total
Demand
Residential 0.20 30.1% 0.21 33.7% 0.22 35.8% 0.20 32.3% Commercial/Industrial 0.21 32.0% 0.20 31.7% 0.15 24.4% 0.17 28.3% Dedicated Irrigation 0.14 20.5% 0.16 25.8% 0.16 26.5% 0.15 23.8% Non-Revenue Water 0.04 6.7% 0.00 0.6% 0.06 9.2% 0.02 3.4% Other 0.07 10.8% 0.05 8.3% 0.03 4.1% 0.07 12.2%
Total 0.66 100% 0.64 100% 0.62 100% 0.61 100%
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Appendix B: Prior Drought Actions
The City has historically developed different strategies for reducing water demand during water shortages. The City’s actions in response to the drought that occurred in California between 2014 and 2017 and the most recent drought are discussed below.
2014 to 2017 Drought
From 2014 through 2017, the State of California experienced a severe drought that impacted availability of RWS water supply to the City. On 17 January 2014, Governor Brown issued a proclamation requesting all Californians to voluntarily reduce water use by 20%. SFPUC subsequently called for a voluntary 10% water use reduction from RWS customers. On 1 April 2015, due to worsening drought conditions, Governor Brown issued Executive Order B-29-15 regarding actions necessary to address California’s severe drought conditions. In addition to imposing the first ever mandatory restrictions on urban water suppliers to achieve a statewide 25% reduction in potable urban water usage, the Executive Order also required CII users to implement water efficiency measures, prohibited irrigation with potable water of ornamental turf in public street medians, and prohibited irrigation with potable water outside newly constructed homes and buildings that were not delivered by drip or microspray systems, along with numerous other directives.
In response to the drought, the City developed a Water Shortage Ordinance and WSCP. On September 2, 2014, the City adopted Ordinance No. 589 declaring a water shortage emergency and adopting of the WSCP. In conjunction with the drought response, the City implemented a two day per week outdoor watering schedule. The City conducted customer outreach through a regional media campaign, bill inserts, and social media. The City also increased its water loss prevention program, limited system flushing, and reduced irrigation of City-owned landscape and/or parks. To support enforcement of these measures, the City provided a platform for reporting water waste and implemented an excessive water use warning and penalty system.
In April 2017, Governor Brown ended the drought State of Emergency. 2021 to 2023 Drought
On 8 July 2021, Governor Newson requested a voluntary water use reduction of 15% in response to severe statewide drought conditions. In response to this request, the City determined on 15 July 2021 that a Shortage Level 1 Drought had been triggered, and imposed measures from its WSCP to achieve the required conservation.
On 10 June 2022, the SWRCB adopted an emergency water conservation regulation that bans CII accounts, including homeowners’ associations, from watering certain kinds of ornamental or non-functional grass.
The City enforced the state’s emergency drought regulation by sending a demand letter to all CII water users, including homeowners’ associations, that either have a separate irrigation meter or that irrigate a significant square footage of turf requiring the immediate cessation of irrigation of nonfunctional turf, with fines of up to $500 for each day and for each violation.
On 24 March 2023, Governor Newson issued Executive Order N-5-23 easing drought emergency provisions.
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2023 Update
City of Brisbane, GVMID
June 2023 B-2 EKI Environment & Water, Inc.
Ongoing Water Conservation Actions
Beyond drought response actions, the City has a strong record of encouraging water conservation, both in its own practices as a water user, and in communications with its customers, even in normal years.
Specifically, the City has pursued the following actions:
• Offered financial rebates to its customers for replacing high-water use fixtures such as toilets and washing machines with water-efficient versions;
• Offered financial rebates to its customers for replacing irrigated turf with low-water use plantings; • Designed its water rates to encourage water conservation; and • Modified the irrigation systems and schedules at all City parks to reduce irrigation demand.
Furthermore, the City has incorporated into its municipal code the following sections that encourage water conservation:
• Chapter 15.72: Indoor Water Use Efficiency Requirements, which establish efficiency standards for all new development and major remodels;
• Chapter 15.70: Outdoor Water Use Efficiency Requirements, which establish landscape efficiency standards for all new development and major landscape renovations; and • Chapter 8.40: Water Waste Prohibition, which describes certain prohibited uses of water under all hydrologic conditions.
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Appendix C: Analysis of Shortage Response Action Effectiveness To evaluate and ensure that effective actions will be implemented to achieve necessary cutbacks at each Shortage Level, the City employed the DRT, an Excel spreadsheet model developed by EKI Environment and Water, Inc. The DRT model calculates monthly savings anticipated by implementing each Shortage Level as detailed below.
1. Baseline Water Use Profile
Using the DRT, the City developed a baseline water use profile that reflects usage patterns within the City’s service area by major water use sectors in FY 2020. 6 The analysis of the baseline water use profile
was used to guide development of the WSCP. Key findings from this analysis are presented below.
Residential Per Capita Demand
The City’s baseline residential gallons per capita per day (R-GPCD) demand in 2020 was approximately 44 R-GPCD. As shown in Table C-1 and the associated chart, this R-GPCD is significantly lower than both the statewide average of 89 R-GPCD and the average of all BAWSCA agencies of 63.4 R-GPCD during the same period. The City’s residential per capita water use was in the lower range of the BAWSCA agencies and across the State.
Proportion of Outdoor Water Use
As shown in Table C-2 and the associated charts, outdoor water use, which can generally be considered as a “discretionary water use”, was estimated to be approximately 45% of the City’s total consumption in 2020. The seasonal variation in baseline water use generally reflects increased irrigation demands during the summer and fall months. Therefore, the greatest potential for reductions in non-essential water use is expected during these months.
6 The 2020 baseline demand was selected as the most recent non-drought year. The 2020 baseline was adjusted to include the incremental demand from the large developments since 2020. 48 of 52
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Table C-1 Baseline Residential Per Capita Water Demand
Baseline Residential Per Capita
Water Demand
(R-GPCD)
Brisbane (a) 44
BAWSCA Agencies (b) 63.4
Statewide Average (c) 89
NOTES:
(a) Brisbane R-GPCD calculated using FY 2020 consumption data.
(b) Average BAWSCA R-GPCD obtained from master excel file BAWSCA Annual Survey FY 2019-2020 (BAWSCA, 2021).
(c) State-wide R-GPCD for 2020 obtained from data provided at California State Water Resources Control Board Water Conservation Portal - Conservation Reporting,
http://www.waterboards.ca.gov/water_issues/programs/cons ervation_portal/conservation_reporting.shtml, accessed May 2022.
0 10
20 30
40 50
60 70
80 90
100
Brisbane BAWSCA Agencies Statewide Average
R-GPCD
Chart C1-A Baseline Residential Per Capita Water Demand 49 of 52
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Table C-2 Baseline Water Use Profile
Sector End-Use
Baseline (2020) Water Use
Annual
% of
Total by
Sector
JulyAugustSeptemberOctoberNovemberDecemberJanuary February MarchAprilMayJuneAnnual Residential
Indoor 5.1 5.1 4.9 5.1 4.9 5.1 5.1 4.6 5.1 4.9 5.1 4.9 59.7 77% Outdoor 1.4 1.7 1.7 1.6 1.4 0.0 1.1 1.9 0.7 1.3 2.1 3.4 18.2 23% Subtotal Residential 6.5 6.8 6.6 6.7 6.3 5.1 6.1 6.4 5.7 6.2 7.1 8.3 77.9 100% CII
Indoor 4.1 4.1 4.0 4.1 4.0 4.1 4.1 3.7 4.1 4.0 4.1 4.0 48.2 63% Outdoor 3.6 3.9 3.9 3.8 3.4 1.9 1.8 2.5 1.1 1.7 0.0 0.8 28.3 37% Subtotal CII 7.7 8.0 7.9 7.9 7.4 6.0 5.9 6.2 5.2 5.7 4.1 4.8 76.6 100% Dedicated Irrigation Outdoor 8.2 8.6 8.9 9.0 4.6 3.7 0.7 0.8 2.3 2.5 6.3 7.3 62.9 100% Non-Revenue Non-Revenue 3.9 4.1 1.0 1.0 0.0 0.0 2.8 2.9 2.5 2.7 1.1 1.3 23.3 100% Total
Indoor 9.2 9.2 8.9 9.2 8.9 9.2 9.2 8.3 9.2 8.9 9.2 8.9 108 45% Outdoor 13.2 14.2 14.4 14.4 9.4 5.6 3.6 5.1 4.1 5.5 8.4 11.6 109 45% Non-Revenue 3.9 4.1 1.0 1.0 0.0 0.0 2.8 2.9 2.5 2.7 1.1 1.3 23.3 10% Total 26.3 27.5 24.3 24.6 18.3 14.8 15.5 16.3 15.7 17.0 18.7 21.8 241 100% NOTES:
(a) Volumes are in units of MG.
(b) Monthly water use is estimated based on bi-monthly billing and scaled by production amount. The CII and landscape irrigation demands were adjusted to include the new large development (i.e., 4.6 MG for CII and 4 MG for landscape irrigation, respectively). (c) Totals may not sum due to rounding.
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0 5
10 15
20 25
30 July August September October November December January February March April May June (mg)
Chart C2-A Baseline Year (2020) Monthly Total Water Use by Sector Residential CII Dedicated Irrigation Non-Revenue
Water Use
0 5
10 15
20 25
30 July August September October November December January February March April May June (mg)
Chart C2-B Baseline Year (2020) Monthly Indoor vs. Outdoor Water Use Indoor Outdoor Non-Revenue
WaterUse
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2. Shortage Response Action Effectiveness
The DRT provides a quantitative framework that allows the City to systematically estimate the monthly and cumulative annual demand reductions expected to result from particular combinations of drought response actions and associated implementation rates. Data inputs to the DRT include total production, class-specific water use, population, and assumptions regarding the split between indoor and outdoor water use for each customer class.
For each drought response action, the user specifies:
• The customer class(es) and end use(s) that are affected; • The percent savings for that end use for each account that implements the action (based on evaluations reported in the literature, or where such studies are not available, on best estimates based on the City’s experience); and
• The percentage of accounts assumed to implement the action, which is presumed to be the result of the intensity level of the City’s program implementation, including but not limited to, marketing and enforcement activities.
An additional critical DRT user input is a set of constraints on demand reductions to ensure that usage levels do not endanger health and safety or result in unacceptable economic impacts. The DRT will not permit estimated usage reductions to violate these constraints, regardless of the demand reduction actions selected. The constraints are:
• A minimum residential indoor per capita daily usage of 25 gallons; • A maximum residential outdoor usage reduction of 100%; • A maximum CII indoor usage reduction of 30% except in the most extreme conditions (e.g., Shortage Levels 5 and 6); and
• A maximum CII outdoor usage reduction of 100%.
Based on the foregoing constraints, the DRT model calculates the resulting monthly savings. The City adjusted the combination of actions and implementation levels to achieve the targeted savings levels at each of the six Shortage Levels.
For each of the Shortage Levels, the modeling targeted the mid-range of the required demand reduction range, ergo:
• 5% for Shortage Level 1; • 35% for Shortage Level 4;
• 15% for Shortage Level 2;
• 25% for Shortage Level 3;
• 45% for Shortage Level 5; and
• 53% for Shortage Level 6.
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CITY COUNCIL AGENDA REPORT
Change to Municipal Code Chapter 8.41 Page 1 of 2
Meeting Date: June 29, 2023
From: Director of Public Works/City Engineer
Subject: Municipal Code Change to Chapter 8.41 – Water Conservation Community Goal/Result:
Ecological Sustainability
Purpose
To modify a section of the city’s municipal code that is inconsistent with the revised Water Shortage Contingency Plan.
Recommendation
Introduce an Ordinance, waiving first reading, amending Chapter 8.41 of Title 8 of the Brisbane Municipal Code pertaining to “Water Conservation.”
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
Assuming that Council acting in its capacity as City Council for the City of Brisbane’s water system and as Board of Directors for the Guadalupe Valley Municipal Improvement District’s water system has approved the 2023 Water Shortage Contingency Plan (WSCP) in earlier action on this agenda, the item now under consideration is necessary to align the city’s municipal code with the revised WSCP.
Discussion
The primary changes to Chapter 8.41 include revising terms to align them with current State Water Resources Control Board (SWRCB) language, and to delete language referring to four water shortage stages as there are now six stages required for evaluation by SWRCB.
Also, in order to allow future changes to a WSCP to be completed more quickly than the twostep ordinance process, all references to drought stages in the WSCP are removed from the BMC, and the adoption of future WSCPs is only required by Council action (i.e., by resolution). 1 of 11
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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 result of the recommended action.
Measure of Success
Consistency throughout the city’s municipal code and with the Water Shortage Contingency Plan.
Attachments
1. Proposed Ordinance
2. Redline of Chapter 8.41
___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 2 of 11
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Ordinance No. - - -
ORDINANCE NO. - - -
AN ORDINANCE OF THE CITY OF BRISBANE
REVISING CHAPTER 8.41 OF THE BRISBANE MUNICIPAL CODE
CONCERNING WATER CONSERVATION
The City Council of the City of Brisbane hereby ordains as follows:
Section 1: Chapter 8.41 of the Brisbane Municipal Code is revised to read as follows:
“8.41.010 – Purpose, scope and notice.
The purpose of this chapter is to establish standards and procedures for water conservation; assure the maximum beneficial use of city water supplies; enable the implementation of the city's responsive actions to drought conditions and/or water supply shortages (“shortage response actions”); facilitate compliance with requirements for voluntary or mandatory reductions during water shortages promulgated by a governing authority; ensure sufficient water supplies to meet the basic needs of human consumption, sanitation and fire protection; and protect the health, safety, welfare, and economic vitality of the city's customers.
Nothing in this chapter is intended to limit the ability of the city to respond to an emergency, including declaring or enforcing a water shortage emergency pursuant to Water Code Section 350, or to comply with other requirements promulgated by a governing authority.
8.41.020 – Definitions.
The following definitions apply to this chapter:
A. "City" means the City of Brisbane and/or the Guadalupe Valley Municipal Improvement District.
B. "Director" means the director of the department of public works/city engineer of the city, or the director’s designee.
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C. "Shortage response actions" include the restrictions on water use in an adopted water shortage contingency plan. A reference to a particular stage of shortage response actions refers to the corresponding shortage level described in the water shortage contingency plan.
D. "Governing authority" means any entity — including, but not limited to, the SFPUC — that has the legal authority to limit the ability of the city to purchase and/or use water.
E. "Person" or "persons" means any natural person or persons, corporation, public or private entity, or any other user of water provided by the city.
F. "SFPUC" means the San Francisco Public Utilities Commission.
G. "Water shortage contingency plan" means a plan, as may be amended, to address water shortages, including a detailed description of increasingly restrictive shortage response actions, developed under the direction of the director and as amended.
8.41.030 - Water shortage contingency plan.
The specifics of the water use restrictions are listed as shortage response actions contained in the water shortage contingency plan. The water shortage contingency plan shall be developed under the direction of the director and approved by the City Council . The water shortage contingency plan may be amended as necessary, in the director's discretion, to better achieve the overall goals in this chapter or to comply with any terms of the water shortage contingency plan. The operative version of the water shortage contingency plan shall be posted as soon as possible on the city's website. The water shortage contingency plan is intended to comply substantially with the requirements of California Water Code Section 10609.60.
8.41.040 –Permanent water conservation measures.
Nothing in this chapter shall limit the requirements of Chapter 8.40 (Water Waste), Chapter 15.70 (Water Conservation in Landscaping), or Chapter 15.72 (Indoor Water Conservation Regulations) of the Brisbane Municipal Code. These water conservation requirements are in effect at all times.
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8.41.050 –Enforcement.
The director shall enforce this chapter. When the director has declared a drought shortage level, failure to comply with the shortage response actions shall be a violation of this chapter and may be subject to administrative penalties (as provided in Chapter 1.16 of the Brisbane Municipal Code and Water Code Section 71590) and may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty (30) days and/or by a fine not exceeding one thousand dollars ($1,000.00) (as provided in Water Code Section 377).
Prior to, or in addition to imposing penalties as described above, the director may, in the director’s sole discretion, take any or all of the following actions:
A. Written Warning: If the director determines that a person is using water in violation of this chapter, the city may send a written warning to the person that lists the name and address of the person on the account, identifies the wasteful use of water that violates the restrictions on water use currently in effect, requests that the person stop such wasteful use, informs the person about the process for applying for an exception from the requirements of this chapter, and informs the person that failure to comply with this chapter may result in the termination of service.
B. On-site Warning: The director may conduct an on-site visit to ascertain whether wasteful use of water is occurring. In the event that waste of water that violates the restrictions on water use current in effect is observed, and no exception has been granted, the director will make reasonable efforts to notify an adult residing at the property if a residential account or an adult working on the property if a non-residential account, and will issue a written on-site warning of wasteful water use. This warning will include a written warning hand-delivered to the adult on the premises or posted on the premises.
C. Termination of Water Service: In the event that city personnel observe continued waste of water that violates the restrictions on water use currently in effect occurring on the person's premises more than forty-eight (48) hours after the on-site warning, it shall be 5 of 11
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deemed to be a willful violation of the restrictions on water use currently in effect, and the director may authorize termination of water service.
D. Restoring Water Service: The reconnection charge established in the city's rate and fee schedule shall be paid before the city restores service. In addition, the person must have stopped the wasteful use of water and have paid all charges owed to the city under this chapter, and all other rates and fees owed, before the city restores water service.
E. Installation of Flow Restricting Device: The director may, in the director’s sole discretion, install a water flow restricting device in the service line of a person who violates this chapter. Written notice will be provided to the person by hand delivery at least forty-eight (48) hours prior to installation of the flow restricting device. The flow restricting device will be up to one gallon per minute (1 GPM) capacity for services up to one and one-half (1.5) inch size and comparatively sized restrictors for larger services. The cost of installation of the flow restricting device shall be charged to the person.
These enforcement actions are in addition to any enforcement actions specified in the water shortage contingency plan.
8.41.060 –Relief from compliance.
Upon written application made to the director for an exception or adjustment to the requirements of this chapter, the director may grant, in the director’s sole discretion, variances to a person who demonstrates that the person has adopted all reductions in water consumption that could practically be achieved. Any exception or adjustment shall not grant a special privilege inconsistent with the limitations placed upon similarly-situated persons. Exceptions or adjustments may also be granted if failure to do so would adversely affect the sanitation, fire protection, health, safety, or welfare of the public, or of the Person applying for an exception or adjustment. The information required with the variance application will be specified in the water shortage contingency plan.
The denial of an application for an exception or adjustment may be appealed in writing to the city manager within thirty (30) days of the date of the notice of the denial of the 6 of 11
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application. The city manager shall grant or deny the appealed application within fifteen (15) days and shall mail notice thereof to the appellant as soon as practicable. The city manager's decision shall be final and non-appealable.”
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
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File Attachments for Item:
P. Sierra Point Landscaping and Lighting District
1. Hear Statement of Engineer of Record, Read Mayor’s Statement, Hear City Clerk Statement, Open Public Hearing to hear any testimony, Close Public Hearing
2. Consider adoption of Resolution overruling protests and ordering the improvements and confirming the diagram and assessments for Fiscal Year 23/24 319
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1 Public Hearing on Imposition of FY 23-24 Tax Roll Charges for the SPLLD
CITY COUNCIL AGENDA REPORT
Meeting Date: June 29, 2023
From: Karen Kinser, Deputy Director of Public Works
Subject: Public Hearing on Imposition of Fiscal Year 2023-2024 Tax Roll Charges for the Sierra Point Landscaping and Lighting District Community Goal/Result - Economic Development
Purpose - To complete the process via a public hearing for the imposition of annual tax roll charges that fund Sierra Point's Landscape and Lighting Assessment District, which provides for maintenance of the landscaping, irrigation and lighting installed in 1989.
Recommendation - The following procedures and actions are recommended:
1. Statement of the Engineer of Record as to the nature of the project.
2. Mayor's statement and declaration that the Public Hearing is open (see Attachment 1).
3. Statement by the City Clerk verifying that the Certificate of Posting and the Resolution of Intention is on file (see Attachment 2), followed by the reading of any written protests by the City Clerk.
4. Hearing of oral testimony and comments.
5. Closure of Public Hearing.
6. If appropriate, adopt the proposed Resolution Addressing Objections and Ordering the Improvements and Confirming the Diagrams and Assessment for Fiscal Year 2023-2024 for the Sierra Point Landscaping and Lighting District.
Background
At its June 1st meeting, the City Council adopted Resolution No. 2023-27, a Resolution of Preliminary Approval of Engineer's Report, and Resolution No. 2023-28, a Resolution of Intention to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972, pertaining to the Sierra Point Landscaping and Lighting District, Fiscal Year 2023-2024. The fiscal year 2023–2024 Engineer’s Report maintains the previous year’s total assessment amount.
In accordance with state law, joint notice of both the public meeting and the public hearing was mailed to all affected property owners and was posted at City Hall, Brisbane Community 1 of 16
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2 Public Hearing on Imposition of FY 23-24 Tax Roll Charges for the SPLLD Center, Brisbane Public Library and Mission Blue Center. The preliminarily approved Engineer's Report is attached. As of June 16, 2023, no written protests had been received.
Discussion
In addition to the routine maintenance provided within the district, the revenue funds nonannual projects such as deep root watering trees in drought years. In the coming fiscal year, aging and rusting street light poles will be replaced and/or repaired and treated with rust inhibitor as needed.
Minor corrections to the Engineer’s Report may be made by staff after adoption of the resolution if final county assessor data received after this action differs from draft data.
Fiscal Impact
This is an annually occurring process that provides the funding mechanism for the work completed within the landscaping and lighting district. If the Council declines to order and levy the collection of assessments, there will be no identified revenue source for the work scheduled in this District. The FY 23-24 budget adopted by Council for Department 6035 (Sierra Point Landscaping and Lighting District) is in the amount of $667,927. The assessments to be collected via the recommended action are $591,719. The budgeted amount includes $76,208 from fund reserves.
Measure of Success
Continuing acceptable maintenance levels in the Sierra Point Landscape and Lighting District.
Attachments
1. Opening Statement by the Mayor of the City of Brisbane
2. Clerk’s Statement
3. Proposed Resolution Addressing Objections, Ordering the Improvements and Confirming the Diagrams and Assessment for Fiscal Year 2023-24
4. Engineer’s Report, including Zone 1 and Zone 2 Assessment Diagrams __________________________
Karen Kinser, Deputy Director of Public Works
__________________________ _________________________
Randy Breault, Director of Public Works Clay Holstine, City Manager 2 of 16
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1 Opening Statement
OPENING STATEMENT BY THE MAYOR
OF THE CITY OF BRISBANE
JUNE 29, 2023
SIERRA POINT LANDSCAPING AND LIGHTING DISTRICT
This is the time and place set for hearing on the Engineer’s Report and the levy and collection of the proposed assessment for Fiscal Year 2023-2024 for the Sierra Point Landscaping and Lighting District. These proceedings were undertaken pursuant to the Landscaping and Lighting Act of 1972.
The Engineer’s Report prepared by the Engineer of Work consists of the proposed improvements, the boundaries of the Assessment District and any zones therein, the proposed diagram, the estimate of cost thereof and the proposed assessments upon assessable lots and parcels of land within the District. Any one of these items may be the subject of protests or endorsements.
You are asked to clearly identify yourself and the property owned by you so that your statements may be correctly recorded.
The hearing is declared open and I will ask the City Clerk to report on the various notices given in connection with the hearing.
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1 Clerk’s Statement
CLERK’S STATEMENT
JUNE 29, 2023
SIERRA POINT
LANDSCAPING AND LIGHTING DISTRICT
Notices have been mailed and posted as required by the Landscaping and Lighting Act of 1972. Proofs of mailing and posting are on file in my office. A copy of the Engineer’s Report prepared by the Engineer of Work was filed in my office on May 24, 2023 and has been open to public inspection since that time.
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1 Resolution 2023-XX
RESOLUTION NO. 2023-XX
A RESOLUTION OVERRULING PROTESTS AND ORDERING THE IMPROVEMENTS
AND CONFIRMING THE DIAGRAM AND ASSESSMENTS
FISCAL YEAR 2023-2024
SIERRA POINT
LANDSCAPING AND LIGHTING DISTRICT
RESOLVED, by the City Council of the City of Brisbane, California, as follows:
WHEREAS, the Engineer’s Report for Fiscal Year 2023-2024 for the Sierra Point Landscaping and Lighting District Pursuant to the Landscaping and Lighting Act of 1972 was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the City Council for its consideration;
WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act, including (1) plans and specifications of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act;
WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular detail and determined that it should stand as the report for all subsequent proceedings under said Act, and thereby Preliminarily Approved said report via Resolution 2023-27; whereupon said Council, pursuant to the requirements of said Act, appointed Thursday, the 29th day of June, 2023, at the hour of 7:30 p.m. of said day in the Brisbane Community Meeting Room, 50 Park Place, Brisbane, California, 94005 as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 2023-2024 and directing said Clerk to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly mailed, published and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; WHEREAS, persons interested, objecting to said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, filed written protests with the Clerk of said City at or before the conclusion of said hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things were pertaining to the levy and 5 of 16
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collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; and NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows:
1. That protests against said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, for Fiscal Year 2023-2024 be, and each of them are, hereby overruled.
2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto.
3. That the Sierra Point Landscaping and Lighting District and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are more particularly described by reference to a map thereof on file in the Office of the Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said district and of any zone thereof and the general location of said District.
4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district or within any zone thereof contained in said report, be, and they are, hereby finally adopted and approved.
5. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved.
6. That the public interest and convenience require, and said Council does hereby order, the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements.
7. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 2023-28, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said District as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed.
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8. That the assessment of the total amount of the costs and expenses of the said improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance or servicing, or both, thereof and of the expenses incidental thereto contained in said report be, and the same is hereby, finally approved and confirmed.
9. That said Engineer's Report for Fiscal Year 2023-2024 be, and the same is, hereby finally adopted and approved as a whole.
10. That the City Clerk shall forthwith file with the Auditor of San Mateo County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and of the date thereof.
11. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in said Report, as modified, as hereinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council.
12. That the San Mateo County Controller and the San Mateo County Tax Collector apply the Sierra Point Landscaping and Lighting District assessments to the tax roll and have the San Mateo County Tax Collector collect said assessments in the manner and form as with all other such assessments collected by the San Mateo County Tax Collector.
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4 Resolution 2023-XX
_____________________________
Madison Davis, Mayor
City of Brisbane
* * * *
I, the undersigned, hereby certify that the foregoing Resolution No. 2023-XX was adopted at a regular meeting of the City Council of the City of Brisbane on the 29th day of June, 2023 by the following vote:
AYES:
NOES:
ABSENT:
______________________________
Ingrid Padilla, City Clerk
City of Brisbane
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1 Engineer’s Report
CITY OF BRISBANE
SIERRA POINT
LANDSCAPING AND LIGHTING DISTRICT
ENGINEER'S REPORT
on the
Levy of an Assessment
for the
2023 - 2024 Fiscal Year
Prepared by
Karen Kinser, P.E.
Deputy Director of Public Works
June 16, 2023
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2 Engineer’s Report
I. BACKGROUND
In 1983, the Brisbane City Council determined to undertake proceedings under the provisions of Division 15, Part 2, of the California Streets and Highways Code, entitled “Landscaping and Lighting Act of 1972”, for the formation of an assessment district for the purpose of constructing, installing, maintaining and servicing the following facilities within said district:
a) Public landscaping, including trees, shrubs, grass, other vegetation, and irrigation facilities.
b) Public lighting facilities, including standards, poles, and electric current or energy.
The proposed district was designated the “Sierra Point Landscaping and Lighting District”.
This report was prepared as part of an annually occurring process to detail the assessment charges and district expenses covering the 2023 - 2024 fiscal year.
II. PLANS AND SPECIFICATIONS
The original plans and specifications for this assessment district have been separately bound but are incorporated herein by this reference thereto.
III. ESTIMATE OF COSTS
The costs of this assessment district for the 2023 - 2024 fiscal year are estimated to be as follows:
ZONE l & 2 CONSTRUCTION & MAINTENANCE COSTS
FY 23/24
Employee costs 116,230
Supplies and services 377,150
Administrative costs 174,547
TOTAL ZONE 1 & 2 $667,927
Supplies and services includes safety clothing, maintenance of vehicles and equipment, small tools and supplies, landscape and irrigation maintenance including materials, electricity, and water.
Administrative charges are indirect, overhead costs to manage the district. 10 of 16
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3 Engineer’s Report
A detailed breakdown of these costs is available to assessees upon request.
Costs associated with this assessment district for the 2023 - 2024 fiscal year are to be paid as follows:
ZONE l & 2 FUNDING SOURCES
FY 21/22
Assessment charges 591,719
Carryover from prior year 76,208
TOTAL ZONE 1 & 2 $667,927
IV. DIAGRAM
The assessment diagrams for Zones 1 and 2 are attached hereto and are a part of this report.
V. ASSESSMENT
The assessments to be made against the assessable lots and parcels of land within this assessment district are attached hereto and are a part of this report.
Respectfully submitted,
Dated ____________________ __________________________
Karen Kinser, P.E.
Deputy Director of Public Works
06/16/29
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4 Engineer’s Report
Filed in the office of the City Clerk of the City of Brisbane, San Mateo County, California, this __________ day of _________, 2023.
_____________________________
Ingrid Padilla
City Clerk
Filed in the office of the County Controller-Auditor of the County of San Mateo, California, this _________ day of ____________________, 2023.
_____________________________
Juan Raigoza
County Controller
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5 Engineer’s Report
ASSESSMENT ROLL
ASSESSMENT ASSESSOR'S PARCEL PARCEL
NUMBER NUMBER AREA, AC. ASSESSMENT
ZONE l
A 1 007—165—210 4.41 $24,570
A 2 007—165—230 8.97 49,976
A 3 007—165—110 3.44 19,166
A 4 007—165—050 6.13 34,153
A 5 007—164—020 5.66 31,534
A 6 007—164—010 10.20 56,828
A 7 007—165—130 9.78 54,488
A 8 007—165—140 7.13 39,724
A 9 007—165—150 5.93 33,038
A 10 007—163—030 3.52 19,619
A 11 007—163—040 3.08 17,160
A 12 007—165—120 4.56 25,406
C l 015—011—090 Note1 0
C 2 015—011—100 6.92 38,554
C 3 015—011—110 8.57 47,747
C 4 015—011—120 8.56 47,691
C 5 015—011—140 2.41 13,427
Subtotal Zone 1 99.28 $553,074
1 Although previously assessed, this parcel is owned by California State Lands Commission, which is exempt from local assessments.
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6 Engineer’s Report
ZONE 2
B l None (placeholder only) -0-
B 2 005—162—430 (Ptn) 15.2 7,190
B 3 005—162—300 66.5 31,455
B 4 005—162—400 (Ptn) Note2 -0-
B 5 005—162—410 (Ptn) 0.23 -0-
B 6 005—162—390 Note4 -0-
B 7 005—162—420 (Ptn) Note4 -0-
Subtotal Zone 2 81.7 $ 38,645
Total 180.99 $591,719
METHOD OF ASSESSMENT SPREAD
The amounts to be assessed against the parcels of property to pay the costs and expenses of the work and improvements shall be based on the estimated benefits to be derived by the various properties within the assessment district.
Construction and maintenance costs shall be segregated by zone, and then spread to the parcels within each zone in proportion to the area of the benefited parcels within the zone.
Incidental expenses shall be spread proportional to the area of benefited parcels within the assessment district.
Due to the County Auditor's requirement that individual parcel assessments be rounded to the nearest even cent, the total of said individual assessments may not exactly equal the total estimate of costs.
2 This portion of this parcel is private land over which the public has been granted access for use as the street, Tunnel Avenue. 3 No assessment has been imposed for a value less than $100. 4 B6 and B7 are publicly owned portions of Tunnel Avenue. 14 of 16
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7 Engineer’s Report
NAMES AND ADDRESSES OF OWNERS
ASSESSMENT
NUMBER
APN
NUMBER ASSESSEE
A-1
A-2
007-165-210
007-165-230
BP3 SF4 1000 Marina LLC
4380 La Jolla Village Dr. Suite 230
San Diego, CA 92122
A-3 007-165-110 SNH Brisbane Ca LLC
255 Washington St
Newton, MA 02458
A-4 007-165-050 Grand Sierra Properties, Inc.
150 Executive Park Blvd. #4000
San Francisco, CA 94134
A-5
A-6
007-164-020
007-164-010
HCP Life Science REIT, Inc.
1920 Main St, Suite 1200
Irvine, CA 92614
A-7
A-8
A-9
007-165-130
007-165-140
007-165-150
Slough Brisbane LLC
1920 Main St. Suite 1200
Irvine, CA 92614
A-10 007-163-030 Summit Hospitality 114 LLC
12600 Hill Country Blvd., #R-100
Austin, TX 78738
A-11 007-163-040 Bre Sh Brisbane Owner LLC
PO Box A-3956
Chicago, IL 60690-3956
A-12 007-165-120 PPF OFF 7000 Marina Blvd LP
C/O Morgan Stanley Real Estate Advisor
555 California St. 21st Floor
San Francisco, CA 94101
B-2
B-3
B-4
B-5
005-162-430
005-162-300
005-162-400
005-162-410
Oyster Point Properties, Inc.
150 Executive Park Blvd. #4200
San Francisco, CA 94134-3332
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8 Engineer’s Report
B-6
B-7
005-162-390
005-162-420
City of Brisbane
50 Park Place
Brisbane, CA 94005
C-1 015-011-090 State of California
C/O State Lands Commission
Attn: Title Unit
100 Howe Ave., Ste. 100
Sacramento, CA 95825
C-2 015-011-100 HCP Life Sciences REIT, Inc.
3000 Meridian Boulevard #200
Franklin, TN 37067
C-3 015-011-110 GI ETS Shoreline LLC
Attn: Tony P. Lin
4 Embarcadero Suite 3200
San Francisco, CA 94111
C-4 015-011-120 DW LSP 5000 Shoreline LLC
C/O Divco West Real Estate Group
Attn: Sam Hamilton
PO Box 130667
Carlsbad, CA 92013
C-5 015-011-140 GNS Shoreline LP
C/O Altusgroup USINC/Ventas #6904
PO Box 71970
Phoenix, AZ 85050
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File Attachments for Item:
Q. Consider Adoption of a Resolution Granting Consent to the City of Burlingame to form the San Francisco Peninsula Tourism Marketing District (SFPTMD) to Include the City of Brisbane
336
Q.
Resolution Granting Consent to City of Burlingame to form SFPTMD to Include City of Brisbane Page 1 of 3
CITY COUNCIL AGENDA REPORT
Meeting Date: June 29, 2023
From: Mitch Bull, Economic Development Director
Subject: Adoption of a Resolution Granting Consent to the City of Burlingame to form the San Francisco
Peninsula Tourism Marketing District (SFPTMD) to
Include the City of Brisbane
Community Goal/Result
Economic Development - Brisbane will work with the SFPTMD to boost tourism and provide marketing and visibility to the hospitality properties within Brisbane who participate in the program.
Purpose
The recommended action, adoption of the attached resolution (Attachment 1) granting consent to the City of Burlingame to form the SFPTMD to include the City of Brisbane in the SFPTMD, will enable the City of Burlingame and the San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San Francisco Peninsula (SFP) to move forward with the SFPTMD formation process. Upon successful formation, the SFPTMD will be governed by SFP and by the Management District Plan and will be facilitated by the Burlingame City Council.
Recommendation
Adopt a Resolution granting consent to the City of Burlingame to form the San Francisco Peninsula Tourism Marketing District (“SFPTMD”) to include the City of Brisbane in the SFPTMD. (Attachment 1)
Background
In 2001, the San Mateo County Tourism Business Improvement District (SMCTBID) was formed pursuant to the Parking and Business Improvement Area Law of 1989 (89 Law). Under the general administration of the City of Burlingame, SFP and San Mateo County lodging businesses seek to modernize the SMCTBID by forming a new District, the SFPTMD, pursuant to the Property and Business Improvement District Law of 1994. (Attachment 2) Discussion
The SFPTMD is a benefit assessment district proposed to create a revenue source to help fund marketing and sales promotion efforts for San Francisco Peninsula area lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The proposed SFPTMD includes all lodging businesses located within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County.
337
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Resolution Granting Consent to City of Burlingame to form SFPTMD to Include City of Brisbane Page 2 of 3 SFP and lodging business owners decided to pursue formation of the SFPTMD in order to create a revenue source devoted to marketing the San Francisco Peninsula area as a tourist, meeting and event destination. If established, the SFPTMD would generate approximately $10,895,479 on an annual basis for promotion of travel and tourism specific to the San Francisco Peninsula area.
TOURISM MARKETING DISTRICTS
Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the marketbased promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the TMD fund the TMD, and those funds are used to provide services that are desired by and benefit the lodging businesses within the TMD.
TMD benefits:
Ø Funds cannot be diverted for other government programs; Ø They are customized to fit the needs of each destination; Ø They allow for a wide range of services; including: destination marketing, tourism promotion, and sales lead generation;
Ø They are designed, created and governed by those who will pay the assessment; and Ø They provide a stable funding source for tourism promotion.
In California, TMDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of a special benefit assessment districts to raise funds within a specific geographic area. The key difference between TMDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TMD.
MANAGEMENT DISTRICT PLAN
The Management District Plan (Attachment 3) includes the proposed boundary of the SFPTMD, a service plan and budget and a proposed means of governance. The SFPTMD will include all lodging businesses located within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County.
The annual assessment rate is one- and one-half percent (1.5%) of gross short-term sleeping room rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space, and 0.75% for all other lodging businesses within the SFPTMD’s boundaries. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days; stays provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an airline, which is in furtherance of or to facilitate such crews’ performance of their jobs for the airline, including layovers between flights; employees of the state or federal government if room charges are paid directly by their employing agency and copies of official travel orders are submitted as applicable; and any properly credentialed officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.
The proposed SFPTMD will have a five (5) year life, beginning October 1, 2023, or as soon as possible thereafter, and ending five (5) years from its start date. The assessment will be implemented beginning October 1, 2023, or as soon as possible thereafter. Once per year beginning on the anniversary of SFPTMD formation there is a thirty (30) day period in which business owners paying 338
Q.
Resolution Granting Consent to City of Burlingame to form SFPTMD to Include City of Brisbane Page 3 of 3 fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the SFPTMD.
The City of Burlingame shall be responsible for collecting the assessments on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the SFPTMD. The City of Burlingame shall take all reasonable efforts to collect the assessments from each lodging business. The City of Burlingame shall be paid a fee equal to one percent (1%) of the amount of assessment collected or a flat fee of $60,000, whichever is greater each year to cover its costs of collection and administration.
If City Council supports the formation and proposed administration of the SFPTMD, then it should adopt the attached resolution that would result in the inclusion of Brisbane in the SFPTMD.
Fiscal Impact
None immediately, but because the SFPTMD programs are intended to increase room night sales for assessed lodging businesses within the SFPTMD, there may be an increase in various tax collections.
All fees associated with the creation and operation of the SFPTMD will be collected through an assessment to the participating hotel properties within San Mateo County. There is no financial outlay on the part of the city. The city may benefit from increased tourism and revenue from the hospitality sector through increased sales tax, Transient Occupancy Tax (TOT) revenue, and hotel business license tax revenue.
Measure of Success
The success of the SFPTMD shall be measured by an increase in tourism dollars spent in the cities and properties that are participating in the SFPTMD. It is expected that the marketing and advertising efforts conducted by the SFPTMD will benefit the entire county through increased visibility, tourism, conference related events and an increase in the tax revenue collected throughout the county.
Attachments
1. Resolution Granting Consent to the City of Burlingame to Form the San Francisco Peninsula Tourism Marketing District to Include the City of Brisbane
2. City of Burlingame Resolution Requesting Consent from the cities of Belmont, Brisbane, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County
3. SFPTMD Management District Plan
___________________________________ ___________________________________ Mitch Bull, Economic Development Director Clay Holstine, City Manager 339
Q.
1 RESOLUTION NO.____XX__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE, STATE
OF CALIFORNIA, GRANTING CONSENT TO THE CITY OF BURLINGAME
TO FORM THE SAN FRANCISCO PENINSULA TOURISM MARKETING
DISTRICT (SFPTMD)
WHEREAS, in 2001, the San Mateo County Tourism Business Improvement District (SMCTBID) was formed pursuant to the Parking and Business Improvement Area Law of 1989 (89 Law) by City of Burlingame Ordinance No. 1648; and WHEREAS, the City of Brisbane granted consent to the City of Burlingame to be included within the boundaries of the SMCTBID by Brisbane City Council Resolution No. 2011-09; and
WHEREAS, the City of Burlingame, San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San Francisco Peninsula (SFP), and San Mateo County lodging businesses seek to modernize the SMCTBID by forming a new District, the San Francisco Peninsula Tourism Marketing District (SFPTMD), pursuant to the Property and Business Improvement District Law of 1994; and WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City of Burlingame to establish business improvement districts for the purposes of driving increased business sales directly to payors; and
WHEREAS, the City Council of the City of Burlingame has requested consent to form the SFPTMD in the City of Brisbane with adoption of Burlingame City Council Resolution No. 050-2023, dated May 15, 2023.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brisbane, that:
Section 1: The above recitals are true and correct.
Section 2: The City of Burlingame is hereby granted consent to include the City of Brisbane in the SFPTMD, for the formation of the SFPTMD and future renewals.
Section 3: The Clerk of the City of Brisbane is hereby directed to transmit a certified copy of this Resolution to the Clerk of the City of Burlingame.
Section 4: This Resolution is effective upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Brisbane, State of California, held on this ___ day of _______, 2023 by the following vote:
340
Q.
2 AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST: ___________________________
City Clerk
341
Q.
1 RESOLUTION NO. 050-2023
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME REQUESTING
CONSENT OF THE CITIES OF BELMONT, BRISBANE, EAST PALO ALTO, FOSTER CITY,
HALF MOON BAY, MENLO PARK, MILLBRAE, PACIFICA, REDWOOD CITY, SAN BRUNO,
SAN CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, AND THE UNINCORPORATED
AREA OF SAN MATEO COUNTY TO FORM THE SAN FRANCISCO PENINSULA TOURISM
MARKETING DISTRICT
WHEREAS, the City Council of the City of Burlingame ( the Council) desires to begin proceedings to form the San Francisco Peninsula Tourism Marketing District (SFPTMD); and WHEREAS, certain lodging business owners have requested that the Council form the SFPTMD; and
WHEREAS, a portion of the territory proposed to be included in the SFPTMD lies within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County (the Cities and County), as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment; and
WHEREAS, the area of the Cities and County that lies within the boundaries of the proposed SFPTMD will, in the opinion of the Council, be benefited by the improvements and activities, and the purpose sought to be accomplished by the work can best be accomplished by a single comprehensive scheme of work.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BURLINGAME that:
Section 1: The above recitals are true and correct.
Section 2: Consent of the cities of Belmont, Brisbane, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County, through their City Councils and Board of Supervisors, is hereby requested to form the SFPTMD, and to grant to the Council of the City of Burlingame jurisdiction for all the purposes in connection with the creation, operation, and future renewals of the proposed SFPTMD.
Section 3: The Burlingame City Clerk is hereby directed to transmit a certified copy of this Resolution to the clerks of the Granting Cities and County.
Michael Brownrigg, Mayor
DocuSign Envelope ID: 72BCEE96- 8B4D- 43A3-8C06-E6F3ED870850 342
Q.
2 I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 15th day of May, 2023, and was adopted thereafter by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Meaghan Hassel-Shearer, City Clerk
DocuSign Envelope ID: 72BCEE96- 8B4D- 43A3-8C06-E6F3ED870850 343
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3 Exhibit A
Boundary Map
DocuSign Envelope ID: 72BCEE96- 8B4D- 43A3-8C06-E6F3ED870850 344
Q.
SAN FRANCISCO PENINSULA TOURISM
MARKETING DISTRICT
MANAGEMENT DISTRICT PLAN
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. January 23, 2023 2023-2028
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Table of Contents
I. OVERVIEW.............................................................................................................................................. 3 II. BACKGROUND ....................................................................................................................................... 5 III. BOUNDARY............................................................................................................................................. 6 IV. ASSESSMENT BUDGET AND SERVICES ............................................................................................ 7 A. ANNUAL SERVICE PLAN...................................................................................................................................7 B. ANNUAL BUDGET ............................................................................................................................................9 C. CALIFORNIA CONSTITUTIONAL COMPLIANCE..................................................................................................9 D. ASSESSMENT ..................................................................................................................................................11 E. PENALTIES AND INTEREST.............................................................................................................................12 F. TIME AND MANNER FOR COLLECTING ASSESSMENTS ....................................................................................13 V. GOVERNANCE ..................................................................................................................................... 14 A. OWNERS’ ASSOCIATION .................................................................................................................................14 B. BROWN ACT AND CALIFORNIA PUBLIC RECORDS ACT COMPLIANCE .............................................................14 C. ANNUAL REPORT...........................................................................................................................................14 APPENDIX 1 – LAW........................................................................................................................................ 15 APPENDIX 2 – ASSESSED BUSINESSES ..................................................................................................... 26 APPENDIX 3 – BENEFITS BY BUSINESS CATEGORY............................................................................. 31 APPENDIX 4 – SMG CONSULTING ANALYSIS.......................................................................................... 33 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com
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SFPTMD Management District Plan 3
January 23, 2023
I. OVERVIEW
Developed by the San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San Francisco Peninsula (SFP) and San Mateo County lodging businesses, the San Francisco Peninsula Tourism Marketing District (SFPTMD) is an assessment district proposed to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. In 2001, the San Mateo County Tourism Business Improvement District (SMCTBID) was formed pursuant to the Parking and Business Improvement Area Law of 1989 (89 Law). This effort seeks to modernize the SMCTBID by disestablishing the 89 Law District and forming a new District, the SFPTMD, pursuant to the Property and Business Improvement District Law of 1994 (94 Law).
Location: The SFPTMD includes all lodging businesses, existing and in the future, located within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County, as shown on the map in Section III.
Services: The SFPTMD is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales, meetings, and conventions. Sales and marketing programs will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales, meetings, and conventions.
Budget: The total SFPTMD annual assessment budget for the initial year of its five (5) year operation is anticipated to be approximately $10,895,479. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do.
Cost: The annual assessment rate is one- and one-half percent (1.5%) of gross short-term sleeping room rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space, and 0.75% for all other lodging businesses within the SFPTMD’s boundaries. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days; stays provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an airline, which is in furtherance of or to facilitate such crews’ performance of their jobs for the airline, including layovers between flights; employees of the state or federal government if room charges are paid directly by their employing agency and copies of official travel orders are submitted as applicable; and any properly credentialed officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.
Collection: The City of Burlingame shall be responsible for collecting the assessments on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the SFPTMD. The City shall take all reasonable efforts to collect the assessments from each lodging business. 347
Q.
SFPTMD Management District Plan 4
January 23, 2023
Duration: The SFPTMD will have a five (5) year life, beginning October 1, 2023, or as soon as possible thereafter, and ending five (5) years from its start date. After five (5) years, the SFPTMD may be renewed pursuant to the 94 Law if business owners support continuing the SFPTMD programs. Once per year, beginning on the anniversary of SFPTMD formation, there is a thirty (30) day period in which owners paying fifty percent (50%) or more of the assessment may protest and initiate a hearing on SFPTMD termination.
Management: The San Mateo County/Silicon Valley Convention and Visitors Bureau dba The San Francisco Peninsula (SFP) shall serve as the SFPTMD’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan, and must provide annual reports to the Burlingame City Council.
The SFP shall create a SFPTMD Committee tasked with determining how SFPTMD funds are spent, within the designated programs in this Plan, subject to final approval by the SFP Board. The SFPTMD Committee shall include lodging business owners or representatives paying the SFPTMD assessment.
348
Q.
SFPTMD Management District Plan 5
January 23, 2023
II. BACKGROUND
TMDs are an evolution of the traditional Business Improvement District. The first TMD was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TMD laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TMD. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TMDs without a state law.
California’s TMDs collectively
raise over $300 million annually
for local destination
marketing. With competitors
raising their budgets, and
increasing rivalry for visitor
dollars, it is important that San
Francisco Peninsula tourism
businesses invest in stable,
commerce-specific marketing
programs.
TMDs utilize the efficiencies
of private sector operation in
the market-based promotion of
tourism districts. TMDs allow tourism business owners to organize their efforts to increase commerce. Tourism business owners within the TMD pay an assessment and those funds are used to provide services that increase commerce.
In California, most TMDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.
There are many benefits to TMDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion. 349
Q.
SFPTMD Management District Plan 6
January 23, 2023
III. BOUNDARY
The SFPTMD includes all lodging businesses, existing and in the future, located within the boundaries of the cities of Belmont, Brisbane, Burlingame, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and the unincorporated area of San Mateo County, illustrated by the map below. “Lodging business” means: any hotel, motel, inn, bed and breakfast, or other similar structure or portion thereof that is rented for dwelling, lodging, or sleeping purposes on a transient basis. Tourist home or house, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, are not included in the definition of “lodging business.”
The boundary is shown on the map below. A list of lodging businesses proposed to be assessed in the SFPTMD can be found in Appendix 2.
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IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the SFPTMD funds are sales and marketing programs available only to assessed businesses.
A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by the SFP. The table below illustrates the initial annual assessment budget allocations. These activities and allocations will also apply in subsequent years. The total initial assessment budget is $10,895,479.
Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the City and the SFP board shall have the authority to adjust budget allocations between the categories by no more than twenty (20%) of the total budget per year.
A description of the proposed improvements and activities for the initial year of operation is below.
The same activities are proposed for subsequent years. In the event of a legal challenge against the SFPTMD, any and all assessment funds may be used for the costs of defending the SFPTMD. In the first year of operation, the costs of creating the SFPTMD may be repaid by deducting repayment funds proportionally from budget categories.
Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by the SFP Board on an as- needed basis.
Sales, Marketing, &
Advocacy,
$9,805,931 , 90%
Administration &
Operations,
$871,638 , 8%
Contingency/Reserve,
$108,955 , 1%
City Collection Fee,
$108,955 , 1%
Initial Annual Assessment Budget:
$10,895,479
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Sales, Marketing, & Advocacy
A sales and marketing program will promote assessed businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting San Francisco Peninsula as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities:
• Funds to support group business to offset costs within the destination, thereby generating room nights for assessed businesses;
• Payment of bid fees, incentives or other costs associated with bringing large scale events to the destination that generate room nights for assessed businesses; • Funds to support events and/or local partnerships that increase the public notoriety of the destination as a tourist, meetings, or event destination – thereby increasing consumer demand for assessed businesses;
• Support of public relation strategies that increase the profile of the destination as a tourist, meetings, or event destination – thereby increasing consumer demand for assessed businesses; • Strategic partnerships, sponsorships, or other alliances that reinforce the destination within the travel marketplace and position the San Francisco Peninsula as a destination of choice for meetings, events, and leisure travel to assessed businesses; • Internet marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses; • Print ads in magazines and newspapers, television ads, and radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses; • Attendance of trade shows to promote assessed businesses; • Familiarization tours of the destination and assessed businesses; • Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed businesses;
• Attendance of professional industry conferences and affiliation events to promote assessed businesses;
• Lead generation activities designed to attract tourists and group events to assessed businesses; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses;
• Education of hospitality staff on service and safety (related to alcohol and food) designed to create a visitor experience that will bring repeat visits to assessed businesses; • Education of lodging business management and the Owners’ Association on advocacy and marketing strategies best suited to meet assessed businesses’ needs; and • Other activities that increase the profile and notoriety of The San Francisco Peninsula as an overnight travel destination and promote greater room night sales for assessed businesses.
Administration & Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, and other general administrative costs such as insurance, legal, and accounting fees.
Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of the SFP Board. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve 352
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fund shall be set by the SFP Board. Contingency/reserve funds may be spent on SFPTMD programs or administrative and renewal costs in such proportions as determined by the SFP Board. The reserve fund may be used for the costs of renewing the SFPTMD.
City Collection Fee
As lead agency, the City of Burlingame shall retain a fee equal to one percent (1%) of the amount of assessment collected or a flat fee of $60,000, whichever is greater each year, to cover their costs of collection and administration.
B. Annual Budget
The total five (5) year improvement and service plan budget is projected at approximately $10,895,479 annually, or $64,132,237 through 2028. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do.
The following chart has been prepared based on a five-year projection developed by SMG Consulting.
The full report can be found in Appendix 4.
Fiscal
Year
Sales,
Marketing,
& Advocacy
Administration
& Operations
Contingency
/ Reserve
City Collection
Fee Total
2023-24 $9,805,931 $871,638 $108,955 $108,955 $10,895,479 2024-25 $10,612,716 $943,353 $117,919 $117,919 $11,791,907 2025-26 $11,437,986 $1,016,710 $127,089 $127,089 $12,708,873 2026-27 $12,422,508 $1,104,223 $138,028 $138,028 $13,802,787 2027-28 $13,439,872 $1,194,655 $149,332 $149,332 $14,933,191 Total $57,719,013 $5,130,579 $641,322 $641,322 $64,132,237 C. California Constitutional Compliance
The SFPTMD assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the SFPTMD assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions.
Two of these exceptions apply to the SFPTMD, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.
1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
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privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the SFPTMD. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the SFPTMD, and are narrowly tailored. SFPTMD funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in SFPTMD programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. Nothing in this Plan limits the ability of the SFP Corporation to enter into private contracts with non-assessed lodging businesses for the provision of services to those businesses.
The assessment imposed by this SFPTMD is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with marketing and sales programs promoting lodging businesses paying the SFPTMD assessment. The marketing and sales programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the marketing and sales programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses.
Although the SFPTMD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a non-payor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3
2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”4 The legislature has recognized that marketing and promotions services like those to be provided by the SFPTMD are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6
3. Reasonable Cost
SFPTMD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by the SFP, and reports submitted on an annual basis to the City. Only assessed 2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
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lodging businesses will be featured in marketing materials, receive sales leads generated from SFPTMD-funded activities, be featured in advertising campaigns, and benefit from other SFPTMDfunded services. Non-assessed lodging businesses will not receive these, nor any other, SFPTMDfunded services and benefits.
The SFPTMD-funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill-over benefit to non-assessed businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-SFPTMD funds. SFPTMD funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.
D. Assessment
The annual assessment rate is one- and one-half percent (1.5%) of gross short-term sleeping room rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space, and
0.75% for all other lodging businesses within the SFPTMD’s boundaries. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days; stays provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an airline, which is in furtherance of or to facilitate such crews’ performance of their jobs for the airline, including layovers between flights; employees of the state or federal government if room charges are paid directly by their employing agency and copies of official travel orders are submitted as applicable; and any properly credentialed officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.
The services provided in the SFPTMD are all targeted to benefit payors, however, not all programs benefit payors equally. The determination of the assessment rates of one- and one-half percent (1.5%) of gross short-term sleeping room rental revenue for lodging businesses with 5,000 square feet or more of dedicated meeting space, and 0.75% for all other lodging businesses within the SFPTMD’s boundaries, was calculated based on benefit received by payors. SMG Consulting was engaged to conduct a Hotel Revenue Proportionality Estimate analysis to quantify the estimated benefit the lodging business types will receive from SFPTMD services. By analyzing the projected number of rooms sold and the total amount of revenue estimated to be generated from sales and marketing programs, SMG Consulting found that properties with 5,000 square feet or more of dedicated meeting space will receive approximately double the amount of benefit to all other lodging businesses. The SFPTMD Sales, Marketing, and Advocacy program included in the budget has services that are intended to drive convention and meetings to the SFPTMD. Since lodging businesses with 5,000 square feet or more of dedicated meeting space are uniquely suited to accommodate large conventions and will benefit from overnight stays as a result of SFPTMD services intended to bring such business activity to the SFPTMD, they are assessed at a higher rate than other lodging businesses in the SFPTMD.
The term “dedicated meeting space” as used herein means: a permanent room or space whose primary use is dedicated for group and social meetings, meals, and/or functions. The space has been designed for and is marketed and sold as group or event function space.
The term “gross sleeping room rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of space in a lodging business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross sleeping room rental revenue shall not include any federal, state, or local taxes collected, including but not 355
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limited to transient occupancy taxes. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days; stays provided to airline cockpit and/or cabin crews pursuant to an agreement between a hotel and an airline, which is in furtherance of or to facilitate such crews’ performance of their jobs for the airline, including layovers between flights; employees of the state or federal government if room charges are paid directly by their employing agency and copies of official travel orders are submitted as applicable; and any properly credentialed officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.
The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the SFPTMD assessment is identified separately it shall be disclosed as the “SFPTMD Assessment.” As an alternative, the disclosure may include the amount of the SFPTMD assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purpose, including calculation of transient occupancy taxes.
Bonds shall not be issued.
E. Penalties and Interest
The SFPTMD shall reimburse the City of Burlingame for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent SFPTMD assessment are sought to be recovered in the same collection action by the City, the SFPTMD shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:
1. Original Delinquency: Any lodging business that fails to remit any assessment imposed within the time required shall pay a penalty of five percent (5%) of the amount of the assessment in addition to the amount of the assessment.
2. Continued Delinquency: Any lodging business that fails to remit any delinquent remittance on or before a period of fifteen (15) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of five percent (5%) of the amount of the assessment in addition to the amount of the assessment and the five percent (5%) penalty first imposed. An additional penalty of five percent (5%) shall be paid for each fifteen (15) days thereafter which the remittance is delinquent.
3. Fraud: If the City determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated in subsections (1) and (2) of this section.
4. Interest: In addition to the penalties imposed, any lodging business that fails to remit any assessment imposed shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.
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F. Time and Manner for Collecting Assessments
The SFPTMD assessment will be implemented beginning October 1, 2023, or as soon as possible thereafter, and ending five (5) years from its start date. The City of Burlingame shall be responsible for collecting the assessment on a monthly basis, (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the SFPTMD. The City shall take all reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments collected to the Owners’ Association.
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V. GOVERNANCE
A. Owners’ Association
The Burlingame City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the SFPTMD as defined in Streets and Highways Code §36612. The San Francisco Peninsula (SFP) will serve as the SFPTMD’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with the Management District Plan, and must provide annual reports to Burlingame City Council.
The SFP shall create a SFPTMD Committee tasked with determining how SFPTMD funds are spent, within the designated programs in this Plan, subject to final approval by the SFP Board. The SFPTMD Committee shall include lodging business owners or representatives paying the SFPTMD assessment.
B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the SFP board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
C. Annual Report
The SFP shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
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APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2022 SUPPLEMENT *** (ALL 2021 LEGISLATION)
STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts.
(b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.
Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The 359
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mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits.
Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.
ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. “Business”
“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”
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“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district.
36614. “Property”
“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
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36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.
ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.
CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in 362
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determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied.
(b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.
(d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. 363
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(i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof.
(2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the 364
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revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627.
36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district.
(2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.
36628.5. Assessments on businesses or property owners
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The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property-based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.
CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625.
An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention 366
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(a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications.
If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.
CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.
CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. 367
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(3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.
The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.
CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses.
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.
CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the 368
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