Agenda packet — Brisbane City Council, October 5, 2023

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CITYof BRISBANE
Thursday, October 5, 2023 at 7:30 PM ● Hybrid Meeting 50 Park Place, Brisbane, CA The public may observe/participate in City Council meetings using remote public comment options or attending in person. City Council members shall attend in person unless remote participation is permitted by law. The City Council may take action on any item listed in the agenda.

TO ADDRESS THE COUNCIL

IN PERSON
Location: 50 Park Place, Brisbane, CA 94005, Community Meeting Room Masking is not required but according to the California Department of Public Health guidelines, people at higher risk for severe illness should consider masking. To help maintain public health and safety, we respectively request that people not attend in-person if they are experiencing symptoms associated with COVID-19 or are otherwise ill and likely contagious (e.g., respiratory illnesses).

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

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

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

Remote Public Comments:

Remote meeting participants may address the City Council. We also encourage you to submit public comments in writing in advance of a meeting. Aside from commenting personally while in the Zoom Webinar, the following email and text line will be also monitored during the meeting and public comments received will be noted for the record during Oral Communications 1 and 2 or during an agenda item.

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

Joint City Council, Brisbane GVMID Financing Authority, & Guadalupe Valley Municipal Improvement District Special Meeting Agenda 1 October 5, 2023 - 2 - 7:30 PM

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

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

ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449

ADOPTION OF AGENDA

AWARDS AND PRESENTATIONS
B. Proclamation for Domestic Violence Awareness Month
C. Proclamation Condemning Antisemitism and Hate Speech D. National Fire Prevention Week
E. Presentation on the Job Development Component of the City’s Equitable Communities Revitalization Grant (ECRG)
ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
F. Approve Minutes of City Council Special Meeting of Joint City Council, Brisbane GVMID Financing Authority, and Guadalupe Valley Municipal Improvement District Special Meeting of June 29, 2023
G. Approve Minutes of City Council Closed Session Meeting of September 21, 2023 H. Accept Investment Reports as of August 2023
I. Award the Construction Contract for the Lower Visitacion Overlay to G. Bortolotto & Company, Inc. In the Amount Of $245,000, and Authorize the Mayor to Sign the Agreement for the City
J. Award The Construction Contract for the Upper Visitacion Overlay to Radius Earthwork in the Amount of $219,174 and Authorize the Mayor to Sign the Agreement for the City K. Authorize the City Manager to execute the attached Quitclaim Deed for easements on APN 007-150-030 and 007-150-040
L. Approve the Brisbane Dance Workshop’s Holiday Arts & Crafts Fair as cosponsored event
2 October 5, 2023 - 3 - 7:30 PM
M. Approve the Brisbane Lions Club’s Flu-Shots, Fun Run, Pumpkin Patch, Worldwide Candle Lighting, Annual Senior Luncheon, and Annual Crab Dinner Dance as cosponsored events
N. Approve the Mothers of Brisbane’s MOB Shop as cosponsored event O. Authorize the City Manager to Execute a One-Year Extension with Granicus to Continue Providing Short Term Rental Monitoring and Permitting Services (The cost of renewing the service agreement through December 2024 would be $11,430.37 to retain the current scope of services.)
P. Adopt an Ordinance, Waiving Second Reading, Concerning the Timing of the Construction of Off-Site Improvements
(This Ordinance is exempt from review under the California Environmental Quality Act (CEQA) because it is not a project. CEQA Guidelines section, 15378 (b)(2).)

NEW BUSINESS
Q. Consider Introduction of a Draft Ordinance Amending Chapter 10.52 of the Brisbane Municipal Code to Incorporate Transportation Demand Management (TDM) Requirements
(This ordinance is statutorily exempt from environmental review under CEQA Guidelines Section15183(a) - Projects Consistent with a Community Plan or Zoning, and categorically exempt from environmental review under CEQA Guidelines Section 15308 - Actions by Regulatory Agencies for Protection of the Environment)

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

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

ADJOURNMENT
3 File Attachments for Item:

F. Approve Minutes of City Council Special Meeting of Joint City Council, Brisbane GVMID Financing Authority, and Guadalupe Valley Municipal Improvement District Special Meeting of June 29, 2023
4 BRISBANE CITY COUNCIL

ACTION MINUTES

JOINT CITY COUNCIL, BRISBANE GVMID FINANCING AUTHORITY &

GUADALUPE VALLEY MUNICIPAL IMPROVEMENT DISTRICT

SPECIAL MEETING AGENDA
THURSDAY, JUNE 29, 2023
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
6:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Davis called the meeting to order at 6:34pm 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 a request to attend the meeting remotely.

Councilmembers present: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Councilmembers absent: None
Staff Present: City Manager Holstine, City Clerk Padilla, Legal Counsel Roush, Finance Director Yuen, City Engineer Breault, Community Development Director Swiecki, Communications Manager Cheung, Parks and Recreation Director Leek, Economic Development Director Bull, Human Resources Administrator Partin, Senior Management Analyst Velilla, Deputy Fire Chief Johnson, Police Commander Garcia and Administrative Analyst Ibarra

ADOPTION OF AGENDA
Council made a request to discuss items in the following order: Q, S, M, N, O, P, R, K, and L and to close in memory of long-time residents Walt Long and Evangelina Delgadillo Macias. Mayor Davis made a motion, seconded by Councilmember O’Connell, to approve the agenda as amended. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
ORAL COMMUNICATIONS NO. 1
No member of the public wished to make public comment.
5 F.

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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.)
H. Approve Co-Sponsorship Event with San Bruno Mountain Watch for a Celebration for David Schooley J. Consider Adoption of Resolution establishing the Appropriation Limit for Fiscal Year 2023-2024 Councilmember Cunningham made a motion, seconded by Councilmember Mackin, to approve Consent Calendar Items B-H and J. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
I. Adopt Resolutions to Establish the Classifications of Human Resources Director and Police Corporal and Amend the Master Pay Schedule
After Council questions with City Manager Holstine and Legal Counsel Roush and Council discussion, Councilmember Lentz made a motion, seconded by Mayor Davis, to adopt resolutions to establish the classifications of Human Resources Director and Police Corporal and amend the Master Pay Schedule. The motion passed with a 4-1 vote.

Ayes: Councilmembers Cunningham, Lentz, , O’Connell and Mayor Davis Noes: Councilmember Mackin

Absent: None
Abstain: None
6 F.

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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 Economic Development Director Bull reported that this item is about 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. There will be no fiscal impact and the purpose is to promote tourism in the Peninsula.

After some Council questions, Council discussion and no public comment, Councilmember Lentz made the motion, seconded Councilmember Cunningham to 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. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
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.)
City Engineer Randy Breault reported that the purpose of the recommended action is to establish procurement authority so the City may publish and receive bids, and then enter into a contract for, storm drain cleaning during the Council’s summer recess.

After some Council questions, Council discussion and no public comment. Councilmember Lentz made a motion, seconded by Councilmember Mackin to authorize the City Manager to sign a Storm Drain Cleaning Contract. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None

PUBLIC HEARING
M. Consider Adoption of Resolution adopting a Master Fee Schedule Finance Director Yuen reported that the purpose of this public hearing item is to ensure the users of services as outlined in the City’s Cost Recovery Policy pay for the services provided by the City. She added that it is being recommended to adopt a Resolution, which generally increases fees by 4%.

After some Council questions, Mayor Davis opened the public hearing. 7 F.

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Michele Salmon commented that the City is subsidizing too much of the costs for child care. She added that there should be a balance to the fee structure because the City has a lot of infrastructure that needs repair. Lastly, she appreciated the Council’s efforts in reviewing the City budget in detail.

Michael Barnes commented that the fees proposed will not be enough to cover the cost in the improvements for facilities such as the soccer field and swimming pool.

Councilmember Cunningham made a motion, seconded by Councilmember Lentz, to close the public hearing. The motion was carried 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 Lentz made a motion, seconded by Councilmember Cunningham, to adopt a Resolution adopting a Master Fee Schedule. The
motion was carried unanimously by all present.

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

Absent: None
Abstain: None
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.”
City Engineer Breault reported that on this item, Council is considering imposition of annual tax roll charges that fund Brisbane's Local Stormwater Program. This program minimizes discharge of pollutants to San Francisco Bay in accordance with federally mandated permit requirements. This program also has a budget shortfall of $408,377 and Council may wish to pursue increasing assessments to begin to address the shortfall.

After Council questions, Mayor Davis opened the Public Hearing. No members of the public wished to speak.

Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to close the public hearing. The motion was carried 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 Lentz made a motion, seconded by Councilmember Cunningham to pursue the research in increasing assessments to begin to address the shortfall and to adopt a Resolution imposing charges for funding the Local Brisbane Stormwater Program, authorizing placement of said charges on the 8 F.

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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
(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).)
City Engineer Breault reported that this item will bring the City in compliance with California State Water Code and ensure the City has sufficient water supplies to meet the basic needs of human consumption, sanitation and fire protection; and to protect the health of the larger community.

After some council questions, Mayor Davis opened the public hearing for the City of Brisbane and GVMID. No members of the public wished to speak.

Councilmember O’Connell made a motion, seconded by Council Cunningham, to close the public hearing. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
After some council discussion, Mayor Davis made a motion, seconded by Council Lentz, to adopt a Resolution Approving a Resolution of the City of Brisbane Adopting a Water Shortage Contingency Plan and a Resolution of the GVMID Board of Directors Adopting a Water Shortage Contingency Plan. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
Mayor Davis made a motion, seconded by Council O’Connell, to introduce an Ordinance, revising Chapter 8.41, revising the Water Shortage Contingency Plan. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
P. Sierra Point Landscaping and Lighting District

1. Hear Statement of Engineer of Record, Read Mayor’s Statement, Hear City Clerk Statement, Open 9 F.

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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
The Engineer of Record made a statement followed by an opening statement by the Mayor and the City Clerk, Mayor Davis opened the public hearing. No members of the public wished to speak.

Councilmember O’Connell made a motion, seconded by Council Mackin, to close the public hearing. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
Councilmember O’Connell made a motion, seconded by Council Cunningham, to adopt a Resolution overruling protests and ordering the improvements and confirming the diagram and assessments for Fiscal Year 23/24. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None

NEW BUSINESS
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)
City Engineer Randy Breault reported that the purpose of the recommended action is to grant the City Manager authority to execute a funding agreement for C/CAG to pay for fiber optic facilities, and a purchase and installation agreement for fiber optic facilities.

After Council questions, and no public comment. Council discussed their concerns about traffic signs’ size and location and the City having a say whether the traffic signs are needed in the City.

Michele Salmon stated that the fiber optics are a good idea but is unsure about the traffic signs in the City.

After some council discussion, Councilmember Cunningham made a motion, seconded by Councilmember Lentz, to approve phase one which is a funding agreement between the City/County Association of Governments of San Mateo County and the City of Brisbane for conduit purchase and fiber installation for the smart corridor extension project given that City Engineer Breault clarifies with C/CAG that the City has the final say about the traffic signals in the City, i.e., size, location and whether it is needed. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
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Absent: None
Abstain: None
The Council took a brief break.

OLD BUSINESS
K. Continued Budget Workshop
(This item is being continued from the City Council Meeting of June 15, 2023.) After a brief staff report from City Manager Holstine and Council questions with departments, Michelle Salmon commented that the City needs to tighten our belts and be fiscally conservative. She added that doing the City budget once a year is a good idea.

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
After no staff report and council questions, Mayor Davis opened the public hearing. No members of the public wished to speak.

Councilmember O’Connell made a motion, seconded by Councilmember Cunningham, to close the public hearing. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
After some Council discussion and Council expressing their desire to evaluate the budget status after six months, Mayor Davis made a motion, seconded by Councilmember O’Connell, to adopt a 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. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
Chair Davis made a motion, seconded by Board member O’Connell, to adopt a Guadalupe Valley 11 F.

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Municipal Improvement District Resolution adopting the annual budget for Fiscal Year 2023-2024 and making appropriations for the amounts budgeted. The motion was carried unanimously by all present.

Ayes: Board members Cunningham, Lentz, Mackin, O’Connell and Chair Davis Noes: None

Absent: None
Abstain: None

STAFF REPORTS
T. City Manager’s Report on Upcoming Activities
City Manager Holstine reported on the latest news. The next City Council meeting is scheduled for September 21, 2023.

MAYOR/COUNCIL MATTERS
U. Countywide Assignments and Subcommittee Reports
Councilmembers reported on their subcommittee meetings, Countywide assignments and the City events they have attended.

V. Written Communications
Written Communication was received by Council between (6/15-6/29/23) from Jeremy Spitz, San Francisco Public Utilities Commission (6/20/23) regarding PG&E Power Asset Acquisition project - CEQA Update.

ORAL COMMUNICATIONS NO. 2
Mayor Davis made a motion, seconded by Councilmember O’Connell, to extend the meeting to 10:35 P.M. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
Michelle Salmon commented that Council’s three-month summer recess was too long. The Council have urgent business to attend to.

ADJOURNMENT
Mayor Davis adjourned at 10:37 P.M. in memory of Walt Long and Evangelina Delgadillo Macias. _______________________
Ingrid Padilla
City Clerk
12 F.

File Attachments for Item:

G. Approve Minutes of City Council Closed Session Meeting of September 21, 2023 13 BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, SEPTEMBER 21, 2023
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,

BRISBANE, CA
6:00 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 6:04 P.M.

Councilmember Cunningham made a motion, seconded by Councilmember O’Connell to approve the Closed Session 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
D. Personnel Matters: Public Employment, pursuant to Government Code, section 54957(b) Title: City Manager

REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that direction was given to staff pertaining to the Personnel Matter.

ADJOURNMENT
The meeting was adjourned at 7:15 P.M.
______________________
Ingrid Padilla, City Clerk
14 G.

File Attachments for Item:

H. Accept Investment Reports as of August 2023
15 FACE CARRY MARKET COUPON

INVESTMENT DATE OF VALUE OF VALUE OF VALUE OF INTEREST MATURITY RATING/ NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT RATE % DATE COLLATERAL WELLS FARGO Checking A/C $ 6,551,945 $ 6,551,945 $ 6,551,945 0.000 110% collateral STATE FUND (LAIF) Deposit on call continuous $ 1,036,142 $ 1,036,142 $ 1,036,142 3.370 on call no rating Other Investments
FFCB 3/8/2022 $ 1,000,000 $ 1,000,000 $ 980,350 1.670 03/08/2024 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 980,150 2.400 04/22/2024 Goldman Sachs 5/1/2019 $ 246,000 $ 246,000 $ 241,486 2.750 05/01/2024 FHLB 7/26/2022 $ 1,000,000 $ 1,000,000 $ 981,350 3.350 07/26/2024 Wells Fargo Bank 9/23/2022 $ 250,000 $ 250,000 $ 245,903 3.750 09/23/2024 American Express 9/21/2022 $ 250,000 $ 250,000 $ 245,438 3.750 09/24/2024 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 953,690 1.000 09/30/2024 FHLM 12/13/2022 $ 1,000,000 $ 1,000,000 $ 992,460 5.140 12/13/2024 FHLB 3/24/2022 $ 1,000,000 $ 1,000,000 $ 950,340 2.000 03/24/2025 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 960,260 2.750 04/22/2025 FHLB 7/28/2022 $ 1,000,000 $ 1,000,000 $ 976,160 4.050 07/28/2025 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 925,640 1.300 09/30/2025 FHLB 10/27/2022 $ 1,000,000 $ 1,000,000 $ 991,070 4.750 10/27/2025 FHLB 10/27/2022 $ 1,000,000 $ 1,000,000 $ 991,990 5.000 10/27/2025 FFCB 9/12/2022 $ 1,000,000 $ 1,000,000 $ 974,710 4.125 12/12/2025 FHLM 8/28/2023 $ 1,000,000 $ 1,000,000 $ 999,980 5.700 06/28/2026 FHLB 9/29/2022 $ 1,000,000 $ 1,000,000 $ 970,990 4.150 09/29/2026 FHLB 3/25/2022 $ 1,000,000 $ 1,000,000 $ 927,030 2.600 03/25/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 965,940 3.500 05/26/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 956,960 3.750 05/26/2027 FHLB 9/30/2022 $ 1,000,000 $ 1,000,000 $ 981,440 5.000 09/30/2027 BNY Mellon Treasury Obligations continuous $ 938,152 $ 938,152 $ 938,152 5.250 on call 110% collateral Sub-total $ 19,684,152 $ 19,684,152 $ 19,131,488
U.S. Bank 2014 BGPGA Bond (330) Improvements Fed Treas Obl $ - 10031 Reserve Fund Fed Treas Obl $ 1 10032
Revenue Fund Fed Treas Obl $ - 10034
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ 1 10036
Interest Fund Fed Treas Obl $ 0 10037
U.S. Bank 2015 Utility Capital (545) Improvements Fed Treas Obl $ - 10031 Reserve Fed Treas Obl $ 521,700 10032
Expense Fund Fed Treas Obl $ - 10035
PARS OPEB Trust Trust Cash Investments $ 3,749,609 13050 PARS Retirement Trust Trust Cash Investments $ 1,387,932 13050 Sub-total Cash with Fiscal Agents $ 5,659,243
Total other investments $ 19,684,152 $ 25,343,395 $ 19,131,488 TOTAL INVESTMENTS & CASH BALANCES $ 27,272,239 $ 32,931,482 $ 26,719,575 Outstanding Loans to Department Heads
Date of loan Amount Amount Remaining Interest Rate
Stuart Schillinger 4/1/2002 318,750 $ 318,750 Variable, LAIF + 1% Clay Holstine (1) 7/8/2008 300,000 $ - Paid off Dec 2016 Clay Holstine (2) 9/10/2008 200,000 $ 125,000 Variable, LAIF + 1% FFCB - Federal Farm Credit Bank
FHLB - Federal Home Loan Bank
FHLM - Federal Home Loan Mortage Corporation
FNMA -Federal National Mortgage Association
Two year Treasury 4.85%
Weighted Interest 2.68%
Weighted maturity 2.32 Years

TREASURER'S CERTIFICATE
These are all the securities in which the city funds, including all trust funds and oversight agencies funds, are invested and that (excluding approved deferred compensation plans) all these investments are in securities as permitted by adopted city policy.

It is also certified that enough liquid resources (including maturities and anticipated revenues) are available to meet the next six months' cash flow.

Carolina Yuen

CITY TREASURER

CITY OF BRISBANE

CASH BALANCES & INVESTMENTS

SOURCE OF FUNDING
August 31, 2023
16 H.

File Attachments for Item:

I. Award the Construction Contract for the Lower Visitacion Overlay to G. Bortolotto & Company, Inc. In the Amount Of $245,000, and Authorize the Mayor to Sign the Agreement for the City
17 Lower Visitacion Overlay (Project No. 922H) Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: October 5, 2023
From: Karen Kinser, Deputy Director of Public Works
Subject: Lower Visitacion Overlay Project (Project No. 922H) Community Goal/Result - Safe Community
Purpose - To provide preventative maintenance and repair on Visitacion Avenue between San Francisco Avenue and Mendocino Street
Recommendation - Award the construction contract for the Lower Visitacion Overlay to G.

Bortolotto & Company, Inc. in the amount of $245,000, and authorize the mayor to sign the Agreement for the City.

Background
The city received four bids on September 21st, 2023:

G. Bortolotto & Company, Inc.

Radius Earthwork
Interstate Grading and Paving Inc.

JV Lucas Paving
$245,000.00
$249,700.00
$314,110.00
$413,615.70
Staff reviewed the apparent low bid and determined that the proposal was responsive, and the bidder was responsible. The low bid minimally exceeded the engineer’s estimate of $200,000.

Impacts to pedestrians, cyclists, and the motoring public will be minimal during construction, which is expected to occur in the fall. The contractor will be required to keep one lane of traffic open in each direction on Visitacion Avenue, but parking will be impacted during construction.

Environmental Review
The project in question is roadway reconstruction, primarily involving the placement of an asphalt concrete overlay. This work is consistent with Title 14, California Code of Regulations, Section 15302, Class 2 (c) in that replacement activities associated with the project are on the same site as the existing facilities and the replacement of existing facilities will have no change in purpose or expansion of capacity. Accordingly, the project is categorically exempt from CEQA.

Fiscal Impact
2022-2023 RMRA Funds and Measure A Sales Tax and State Gas Tax revenues will fund this project.

Karen Kinser, Deputy Director of Public Works
18 I.

Lower Visitacion Overlay (Project No. 922H) Page 2 of 2 Randy Breault, Director of Public Works/City Engineer Clay Holstine, City 19 I.

File Attachments for Item:

J. Award The Construction Contract for the Upper Visitacion Overlay to Radius Earthwork in the Amount of $219,174 and Authorize the Mayor to Sign the Agreement for the City 20 Upper Visitacion Overlay (Project No. 922I) Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: October 5, 2023
From: Karen Kinser, Deputy Director of Public Works
Subject: Upper Visitacion Overlay Project (Project No. 922I) CommunityGoal/Result- Safe Community
Purpose - To provide preventative maintenance and repair on Visitacion Avenue between Mendocino Street and San Benito Road.

Recommendation - Award the construction contract for the Upper Visitacion Overlay to Radius Earthwork in the amount of $219,174 and authorize the mayor to sign the Agreement for the City.

Background
The city received four bids on September 21st, 2023:

Radius Earthwork
G. Bortolotto & Company, Inc.

Interstate Grading and Paving Inc.

JV Lucas Paving
$219,174.00
$237,120.00
$286,835.00
$336,504.75
Staff reviewed the apparent low bid and determined that the proposal wasresponsive, and the bidder was responsible. The low bid minimally exceeded the engineer’s estimate of $180,000.

Fiscal Impact
2022-2023 RMRA Funds and Measure A Sales Tax and State Gas Tax revenues will fund this project.

Karen Kinser, Deputy Director of Public Works
21 J.

Upper Visitacion Overlay (Project No. 922I) Page 2 of 2 Randy Breault, Director of Public Works/City Engineer Clay Holstine, City 22 J.

File Attachments for Item:

K. Authorize the City Manager to execute the attached Quitclaim Deed for easements on APN 007-150-030 and 007-150-040
23 CITY COUNCIL AGENDA REPORT
Quitclaim Deed Page 1 of 2
Meeting Date: October 5, 2023
From: Director of Public Works/City Engineer
Subject: Quitclaim of Unnecessary Easements
Community Goal/Result
Economic Development
Purpose
To review requested Quitclaim Deed for easements that are no longer needed by the City.

Recommendation
Authorize the City Manager to execute the attached Quitclaim Deed for easements on APN 007- 150-030 and 007-150-040.

Background
The City has multiple access/utility easements that cross the properties located on Van Waters Road. These agreements were granted in the early 1980s. During the recent development of these properties, the engineer of record noted that the location of the easements did not align with the location of the utilities.

The development team and city staff worked together to draft new easements for the city’s utilities, and to draft a quitclaim of the 1980s easements that were no longer needed.

Discussion
The attached ALTA/ACSM Land Title Survey (“easement map”) has been colored to indicate the transactions to be undertaken. Those easements highlighted in green and in yellow overlayed with red hash marks are the easements to be quitclaimed.

The easements overlayed with red hash marks show the new easements that have been granted to the city. These new easements have already been accepted by the Director of Public Works pursuant to authority granted by Resolution No. 77-56. (Note that these new easements do include a general note providing vehicular and pedestrian access across the property, so the previously specified access easement from Bayshore Boulevard is no longer necessary.) Legal Counsel and the Director of Public Works have reviewed all of the agreements, the easement map, and the Preliminary Report that delineated the easements to be quitclaimed; their recommendation is to approve the Quitclaim Deed.
24 K.

Quitclaim Deed Page 2 of 2
Fiscal Impact
There is no fiscal impact to the city as a result of approving the recommendation.

Measure of Success
This is the final step in ensuring that the City has all of the access and utility easements necessary to provide continuing service. The recommended action will quitclaim unneeded easements, and remove unnecessary title burdens from the owner’s property.

Attachments

1. Quitclaim Deed (APNs 007-150-030, 007-150-040)

2. ALTA/ACSM Land Title Survey (“easement map”)

3. Public Utilities Easement Agreement (recorded 2023-043640)

4. Storm Drainage Easement Agreement (recorded 2023-043641) ___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 25 K.

RECORDING REQUESTED BY:

First American Title Insurance Company National
Commercial Services
WHEN RECORDED MAIL DOCUMENT TO:

M&L Associates
c/o Prologis
Attn: Legal Dept (M Harris – D Horton)
1800 Wazee Street, Suite 500
Denver, CO 80202
Space Above This Line for Recorder’s Use Only

QUITCLAIM DEED
A.P.N.: 007-150-030 and 007-150-040
THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX is $0.00. Both the value of the property conveyed herein, and the consideration received by Grantor, is less than $100.00. (California Revenue and Taxation Code § 11911.) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF BRISBANE, a municipal corporation (“Grantor”) DOES
hereby remise, release and forever quitclaim to M&L ASSOCIATES, a New Jersey general partnership (“Grantee”) any and all right, title or interest that Grantor has or may have under, or by virtue of (collectively, the “Grants of Easement”) (i) that certain Grant Deed recorded on January 18, 1980 in the Official Records of San Mateo County, California as Instrument No. 10278-AP in Book 7932, Page 46, (ii) that certain Grant Deed recorded on January 18, 1980 in the Official Records of San Mateo County, California as Instrument No. 10279-AP in Book 7932, Page 53, (iii) an easement for emergency public vehicle access, water mains, sanitary sewers, public utilities and incidental purposes, as shown or dedicated on that certain Parcel Map recorded on January 18, 1980 in Parcel Maps of San Mateo County, California in Book 48, Page 98, and (iv) that certain Indenture recorded on March 8, 1982 in the Official Records of San Mateo County, California as Instrument No. 82018658, which Grants of Easement was recorded against portions of that certain real property located in the City of Brisbane, County of San Mateo, State of California, as more particularly described the Grants of Easement.

This Quitclaim Deed may be executed in any number of counterparts. [Signatures Follows on Next Page]
26 K.

Page 2 of 5 ends

Executed to be effective as of this ____ day of _______________, 2023.

City of Brisbane,
a Municipal corporation
____________________________
[Signatures continue on following page]
27 K.

Page 3 of 5 ends

M & L ASSOCIATES,
a New Jersey general partnership
By: Prologis OP M&L Holdings LLC,
a Delaware limited liability company,
a Partner
By: Prologis, L.P.,
a Delaware limited partnership,
its sole member
By: Prologis, Inc.,
a Maryland corporation,
its general partner
By: ______________________
Name: ______________________
Title: ______________________
By: Prologis M&L Holdco LLC,
a Delaware limited liability company,
a Partner
By: PAC Operating Limited Partnership,
a Delaware limited partnership,
its sole member
By: Palmtree Acquisition Corporation,
a Delaware corporation,
its general partner
By: _____________________
Name: _____________________
Title: _____________________
[Signatures continue on following page]
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Page 4 of 5 ends

NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document

STATE OF CALIFORNIA )
) §
County of )
On , before me,
a Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Page 5 of 5 ends

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
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File Attachments for Item:

L. Approve the Brisbane Dance Workshop’s Holiday Arts & Crafts Fair as cosponsored event 61 Application for event cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 10/5/2023
From: Sara Nahass, Recreation Coordinator
Noreen Leek, Parks & Recreation Director
Subject: Application for Event Cosponsorship
Community Goal/Result
Community Building & Fundraising
Purpose
Promote cultural and social events that encourage community engagement and provide assistance to local non-profit organizations.

Recommendation
Approve the Brisbane Dance Workshop’s Holiday Arts & Crafts Fair as cosponsored event.

Background
Founded in 1982, Brisbane Dance Workshop (BDW) is a non-profit organization established to provide creative and skill based performing arts learning to children 3 and older. BDW embraces a real challenge in teaching dance: to preserve the innocence, playfulness and creativity in a child while developing the more demanding technical and aesthetic aspect of the performing arts. BDW has staged over thirty original performances involving children and adults and offers a wide range of classes such as: Ballet, Modern, Hip Hop, Composition, Creative Movement, Irish, Acting, Voice, and Improvisation. BDW offers scholarships to students who participate in BDW classes as well as scholarships for students who have a proven record of dedication and wish to expand their learning experience outside Brisbane.

BDW strives to create holiday cheer for all by hosting their annual Arts & Crafts Fair at the Mission Blue Center. They coordinate over 30 artists & makers to host booths to sell their handmade items and provide live music throughout the day for eventgoers. They also operate concessions and a photo studio for Santa photos. This event is open to people of all ages and helps to support the mission of the Brisbane Dance Workshop. They kindly request continued support from the City for the compensated use of Mission Blue, waiver of insurance requirement, facility staff time, and assistance promoting the event to the community.

Discussion
Brisbane Dance Workshop will hold their annual Holiday Arts & Crafts Fair on at the Mission Blue Cetner on Saturday, December 9th from 11am-4pm. Brisbane Dance Workshop meets Group II requirements with the event open to the general public qualifies them for free use of the facility and waives the deposit requirement.
62 L.

Application for event cosponsorship Page 2 of 2
Fiscal Impact
Brisbane Dance Workshop is requesting support from the City as summarized in the table below. They have requested use of the Mission Blue Center for the aforementioned event. Although use of the facility and the deposit are waived as part of their Group II designation, they are also asking the City to waive costs associated event insurance.

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Hourly Rental of Mission Blue
Center
Approximately 14 hours @
$350/hour = $4,900
(including set up/clean up)
Waived per City policy for Nonprofit use
Mission Blue Rental Deposit $500
(Typically refundable absent damages)
Waived per City policy for Nonprofit use
Indoor Event Insurance
Approximately $100-$250/event.
(Renters are typically required to
procure insurance on their own and
provide a copy to the city.)
Requesting requirement to be
waived and the City to absorb
liability as done in the past.

Promotional and Marketing
Support Waived
Attachments

1. Cosponsorship application
Sara Nahass
Sara Nahass, Recreation Coordinator
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Clay Holstine, City Manager 63 L.

This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

City of Brisbane

COSPONSORSHIP APPLICATION
Name of Event: _______________________________________________ Event Set-up Start Time: _______________ Event Day of Week: ____________________________________________ Event End Time: ________________ Event Location: _______________________________________________ Describe what can be expected at this event? (ex. Performance, Dinner, Activities, etc.) _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ Will there be any fundraising at this event? ______ If yes, what will the funds raised be used for? ______________________________ Are there any admission fees for this event? ______ If yes, please list them here: ____________________________________________ If this event is NOT open to the general public, what are the restrictions for who may attend? (ex. age, membership, residency, etc.) a. Brisbane Non-Profit Organization
b. Non-resident, Non-Profit Organization (Outside of Brisbane) c. School District, School, or School Affiliated Group (ex. PTO) d. Private Group, Club, or Organization
What year did your organization begin serving the Brisbane community? _________________ How has your organization added value to the Brisbane community in the past? _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ Name of Contact Person: __________________________________ Phone: ___________________________________ Email: ____________________________________________________________________ Name of Organization: ___________________________________ Organization Website: ___________________________________ Organization Address or P.O. Box: ________________________________________________________________________

Page 1 ends

What is your organization’s mission and/or purpose?
Event Date (mm/dd/yy): ________________________________________ Circle ONE of the following descriptions below that best describes your organization:

Event Start Time: ________________
_________________________________________________________________________________________________________________ Phone: (415) 508-2140 | Email: [email protected] | Office: 50 Park Place, Brisbane, CA 94005

EVENT DETAILS

APPLICANT INFORMATION
(If you are requesting multiple days & times, please attach those details on a separate sheet of paper.) Theresa Jimenez 415-350-6132
[email protected]
Brisbane Dance Workshop brisbanedanceworkshop.org
P.O. Box 844 Brisbane, CA 94005
1982
BDW embraces a real challenge in teaching dance: to preserve the innocence, playfulness and creativity in a child while developing the more demanding technical and aesthetic aspect of the performing arts. BDW offers a wide range of classes such as: Ballet, Modern , Hip Hop, Composition, Creative Movement, Irish, Acting, Voice, and Improvisation.

Now in our 4th decade, Brisbane Dance Workshop helps facilitate class offerings in theater, dance, and voice lessons for kids and adults. We nurture the creative and magical spirit of each student, culminating in a full-length performance each May.

Class are for anyone from age 3 through adult.

BDW Holiday Craft Fair 7am
11am
4pm
12/09/23
Saturday
Mission Blue Center
Slae of arts & crafts from local creators.

Yes
No
64 L.

Other: ____________________________
To request promotional support, please circle the specific areas you would like support with. (Please note, promotional support is not guaranteed. Any graphics or content will need to be provided by the applicant.) If you would like to request any equipment for an outdoor event, please include those details below. (If your event is at one of our indoor facilities, you my indicate your
equipment needs on the rental layout.) Bluetooth Speaker? ______ with Microphone? ______ Projector & Screen? ______
*Theatrical Lighting? ______ with Lighting Technician? _____ *Theater Risers? ______
Will this event require any street or parking closures? _____ If yes, you must obtain a Brisbane Encroachment Permit Do you wish to use amplified sound at this event? _____ If yes, you must submit an Brisbane Amplified Sound Permit Application Quantity: Item:
____________ 6ft Long Rectangle Tables
____________ Chairs
____________ 10ft x 10ft Canopy/Pop-up Tent
____________ Weighted Sandbags
Will alcoholic beverages be served or sold at your event? _____ If yes, you must attach a copy of an Alcoholic Beverage Permit *Full Liquor Liability: If 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 full liquor liability premiums are necessary.

Will any food or non-alcoholic beverages be sold at your event? _____ If yes, this permit is required smchealth.org/food-program City Staff must be present to accommodate the use of any indoor facilities. The below requested times will be used to ensure staff will be available when you need to access the facility. (If you are not requesting indoor facility use, you may skip to the next section.) Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________

Page 2 ends

PERMITS

ADDITIONAL SUPPORT

EQUIPMENT USE REQUEST

INDOOR FACILITY ACCESS REQUEST
Traffic Permits
Amplified Sound Permits - Outdoor Events Only
Food & Beverage Permits - Outdoor Events Only
a. Brisbane Signboards
b. Social Media
c. City Website
d. City Publications
Mission Blue Center ONLY
If your event will be at the Mission Blue Center, please indicate if you wish to request any of the equipment listed below.
*Any additional fees associated with reservation of special equipment will be the responsibility of the applicant, and may require additional planning time.

Alcoholic Beverage Permit

USE AGREEMENT & LIABILITY RELEASE
To the fullest extent allowed by law, I agree to indemnify and defend the City of Brisbane, its directors, officers, agents, employees and volunteers and hold them harmless from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys’ fees, arising out of the use or occupancy described in this application. I agree to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from the use or occupancy described in this application.

Applicant Signature__Theresa Jimenez________________ Date_09/20/23_____

ADMINISTRATIVE SECTION
Facility Application? _____ Permit # ______________ CC Report Due _________ CC Meeting Date: ____________ 65 L.

File Attachments for Item:

M. Approve the Brisbane Lions Club’s Flu-Shots, Fun Run, Pumpkin Patch, Worldwide Candle Lighting, Annual Senior Luncheon, and Annual Crab Dinner Dance as cosponsored events 66 Application for event cosponsorships Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 10/5/2023
From: Sara Nahass, Recreation Coordinator
Noreen Leek, Parks & Recreation Director
Subject: Application for Event Cosponsorships
Community Goal/Result
Community Building & Fundraising
Purpose
Promote cultural and social events that encourage community engagement and provide assistance to local non-profit organizations.

Recommendation
Approve the Brisbane Lions Club’s Flu-Shots, Fun Run, Pumpkin Patch, Worldwide Candle Lighting, Annual Senior Luncheon, and Annual Crab Dinner Dance as cosponsored events.

Background
The Brisbane Lions Club is Non-profit 501(c)(3) organization founded in 1947. Their mission is to serve the Brisbane Community. They have helped community members receive vision and healthcare equipment. In 2022, their college scholarship program granted approximately $70K to 34 Brisbane students. The Lions Clubs are places where individuals join to give their valuable time and effort to improving their communities, and the world. Over the last 100 years, the kindness of Lions and Leos has multiplied across borders, oceans, and continents.

Discussion
The Lion’s annual Flu Shots, Fun Run, and Pumpkin Patch will be held in Brisbane’s Community Park on Saturday, October 21st, 2023. Any funds raised at the events on October 21stwill go towards their scholarship program. The Worldwide Candle Lighting event will take place at the Mission Blue Center on Sunday, December 10th, 2023, from 6-8pm. The Annual Senior Luncheon will be at the Mission Blue Center on Sunday, December 17th, 2023, from 11am-3pm. The Senior Luncheon will be open to any Brisbane seniors who RSVP. The Annual Crab Dinner Dance will be at the Mission Blue Center on Saturday, February 24th, 2023, from 5-10pm. Anyone 21 and over must purchase a ticket to attend.

Meeting the Group II requirements with the events open to the general public qualifies them for free use of the facility and waives the deposit requirement.

Fiscal Impact
The Brisbane Chamber of Commerce is requesting support from the City as summarized in the table below. They have requested use of the Community Park Gazebo and Mission Blue Center for the aforementioned events. Although use of the facility and the deposit are waived as part of their Group II designation, they are also asking the City to waive costs associated event insurance. 67 M.

Application for event cosponsorships Page 2 of 2

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Hourly Rental of Mission Blue
Center
Approximately 27 hours @
$350/hour = $9,450
(including set up/clean up)
Waived per City policy for Nonprofit use
Mission Blue Rental Deposit $500
(Typically refundable absent damages)
Waived per City policy for Nonprofit use
Hourly Rental of Park Gazebo
Approximately 7 hours @
$94/hour = $658
(including rehearsal/set up)
Waived per City policy for Nonprofit use
Park Gazebo Rental Deposit
$200
(Typically, refundable absent
damages)
Waived per City policy for Nonprofit use
Borrowing City Equipment
(8 tables, 10 chairs) Requesting to be waived
Indoor Event Insurance
Approximately $100-$250/event.
(Renters are typically required to
procure insurance on their own and
provide a copy to the city.)
Requesting requirement to be
waived and the City to absorb
liability as done in the past.

Promotional and Marketing
Support Waived
ABC License for alcoholic
beverage sales
The City does not traditionally cover this cost and therefore it is the responsibility of the Non-profit organization to pay associated fees.

Attachments

1. 10/21/2023 Event Cosponsorship application

2. 12/10/2023 Event Cosponsorship application

3. 12/17/2023 Event Cosponsorship application

4. 2/24/2024 Event Cosponsorship application
Sara Nahass
Sara Nahass, Recreation Coordinator
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Clay Holstine, City Manager 68 M.

This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

City of Brisbane

Page 1 ends

EVENT DETAILS

APPLICANT INFORMATION
(If you are requesting multiple days & times, please attach those details on a separate sheet of paper.) [email protected]
Brisbane Lions Club BrisbaneLions.org
P.O. Box 317, Brisbane, CA, United States, California
Lion Jasama Patel - President (415) 723-0847
1947
Brisbane Lions Flu-Shots, Fun Run & Pumpkin Patch
10/21/23
Saturday
yes Scholarships
yes the fun run has a registration fee, which is a donation.

Flu-Shots (San Mateo County Flu Crew) Under the gazebo, Pumpkin Patch under a tent in the grass area, Fun Run BBQ and Registration under the tent by picnic area 1 and 2.

We serve the Brisbane Community. We help the community get vision and hearing care and equipment. enrolled student who lives in Brisbane. Last year we gave approximately $70,000 to 34 students.

We support the students in our community through the scholarship program. We provide scholarships to any college The Lions Club International Theme is "We Serve". That is our purpose. We are the largest volunteer organization in the world!
Community Park Gazebo and All Park Area
69 M.

Other: ____________________________
To request promotional support, please circle the specific areas you would like support with. (Please note, promotional support is not guaranteed. Any graphics or content will need to be provided by the applicant.) If you would like to request any equipment for an outdoor event, please include those details below. (If your event is at one of our indoor facilities, you my indicate your
equipment needs on the rental layout.) Bluetooth Speaker? ______ with Microphone? ______ Projector & Screen? ______
*Theatrical Lighting? ______ with Lighting Technician? _____ *Theater Risers? ______
Will this event require any street or parking closures? _____ If yes, you must obtain a Brisbane Encroachment Permit Do you wish to use amplified sound at this event? _____ If yes, you must submit an Brisbane Amplified Sound Permit Application To the fullest extent allowed by law, I agree to indemnify and defend the City of Brisbane, its directors, officers, agents, employees and volunteers and hold them harmless from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys’ fees, arising out of the use or occupancy described in this application. I agree to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from the use or occupancy described in this application.

Quantity: Item:
____________ 6ft Long Rectangle Tables
____________ Chairs
____________ 10ft x 10ft Canopy/Pop-up Tent
____________ Weighted Sandbags
Will alcoholic beverages be served or sold at your event? _____ If yes, you must attach a copy of an Alcoholic Beverage Permit *Full Liquor Liability: If 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 full liquor liability premiums are necessary.

Page 2 ends

PERMITS

ADDITIONAL SUPPORT

EQUIPMENT USE REQUEST

INDOOR FACILITY ACCESS REQUEST

USE AGREEMENT & LIABILITY RELEASE
Traffic Permits
Amplified Sound Permits - Outdoor Events Only
Food & Beverage Permits - Outdoor Events Only
a. Brisbane Signboards
b. Social Media
c. City Website
d. City Publications
Applicant Signature______________________________________ Date________________ Mission Blue Center ONLY
If your event will be at the Mission Blue Center, please indicate if you wish to request any of the equipment listed below.
*Any additional fees associated with reservation of special equipment will be the responsibility of the applicant, and may require additional planning time.

Alcoholic Beverage Permit

ADMINISTRATIVE SECTION
Facility Application? _____ Permit # ______________ CC Report Due _________ CC Meeting Date: ____________ No
no
yes
a microphone to let people know where each area is and what they can expect! 8/25/23
8 10
no
70 M.

This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

City of Brisbane

Page 1 ends

EVENT DETAILS

APPLICANT INFORMATION
(If you are requesting multiple days & times, please attach those details on a separate sheet of paper.) worldwide Candle Lighting:

Lions in Collaboration with Compassionate Friends will be hosting the worldwide Candle Lighting.

Family and friends will gather to remember lost ones loved, lighting a candle together at the designated time. no
no
December 10, 2023
3:00
6:00
Sunday 8:00
Mission Blue
71 M.

Other: ____________________________
To request promotional support, please circle the specific areas you would like support with. (Please note, promotional support is not guaranteed. Any graphics or content will need to be provided by the applicant.) If you would like to request any equipment for an outdoor event, please include those details below. (If your event is at one of our indoor facilities, you my indicate your
equipment needs on the rental layout.) Bluetooth Speaker? ______ with Microphone? ______ Projector & Screen? ______
*Theatrical Lighting? ______ with Lighting Technician? _____ *Theater Risers? ______
Will this event require any street or parking closures? _____ If yes, you must obtain a Brisbane Encroachment Permit Do you wish to use amplified sound at this event? _____ If yes, you must submit an Brisbane Amplified Sound Permit Application To the fullest extent allowed by law, I agree to indemnify and defend the City of Brisbane, its directors, officers, agents, employees and volunteers and hold them harmless from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys’ fees, arising out of the use or occupancy described in this application. I agree to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from the use or occupancy described in this application.

Page 2 ends

PERMITS

ADDITIONAL SUPPORT

EQUIPMENT USE REQUEST

INDOOR FACILITY ACCESS REQUEST

Alcoholic Beverage Permit

ADMINISTRATIVE SECTION
Facility Application? _____ Permit # ______________ CC Report Due _________ CC Meeting Date: ____________ 12/10/23 3:00pm 8:30pm
no
no
no
no
8/25/23
72 M.

This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

City of Brisbane

Page 1 ends

EVENT DETAILS

APPLICANT INFORMATION
(If you are requesting multiple days & times, please attach those details on a separate sheet of paper.) Brisbane Lions Annual Senior Luncheon 9:00am
December 17, 2023 11:00
Sunday 3:00
Mission Blue Center
Luncheon for Seniors, Approximately 150 attendees
No
No`
Any Brisbane Senior is welcome to attend. RSVP requested. 73 M.

Other: ____________________________
To request promotional support, please circle the specific areas you would like support with. (Please note, promotional support is not guaranteed. Any graphics or content will need to be provided by the applicant.) If you would like to request any equipment for an outdoor event, please include those details below. (If your event is at one of our indoor facilities, you my indicate your
equipment needs on the rental layout.) Bluetooth Speaker? ______ with Microphone? ______ Projector & Screen? ______
*Theatrical Lighting? ______ with Lighting Technician? _____ *Theater Risers? ______
Will this event require any street or parking closures? _____ If yes, you must obtain a Brisbane Encroachment Permit Do you wish to use amplified sound at this event? _____ If yes, you must submit an Brisbane Amplified Sound Permit Application To the fullest extent allowed by law, I agree to indemnify and defend the City of Brisbane, its directors, officers, agents, employees and volunteers and hold them harmless from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys’ fees, arising out of the use or occupancy described in this application. I agree to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from the use or occupancy described in this application.

Page 2 ends

PERMITS

ADDITIONAL SUPPORT

EQUIPMENT USE REQUEST

INDOOR FACILITY ACCESS REQUEST

Alcoholic Beverage Permit

ADMINISTRATIVE SECTION
Facility Application? _____ Permit # ______________ CC Report Due _________ CC Meeting Date: ____________ 12/17/23 9:00am 3:00pm
yes
No Money is transacted at any
time for this event
8/25/23
74 M.

This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

City of Brisbane

Page 1 ends

EVENT DETAILS

APPLICANT INFORMATION
(If you are requesting multiple days & times, please attach those details on a separate sheet of paper.) Brisbane Lions Annual Crab Dinner Dance 9:00am
02/24/24 5;00pm
Saturday 10:00pm
Mission Blue
Fundraiser Crab Dinner with Salad Bar and Dancing to follow yes Community Service & Scholarships
yes Ticket price for dinner and dancing
21 and over ticket needed to attend, walk ins welcome if the event is not sold out. 75 M.

Other: ____________________________
To request promotional support, please circle the specific areas you would like support with. (Please note, promotional support is not guaranteed. Any graphics or content will need to be provided by the applicant.) If you would like to request any equipment for an outdoor event, please include those details below. (If your event is at one of our indoor facilities, you my indicate your
equipment needs on the rental layout.) Bluetooth Speaker? ______ with Microphone? ______ Projector & Screen? ______
*Theatrical Lighting? ______ with Lighting Technician? _____ *Theater Risers? ______
Will this event require any street or parking closures? _____ If yes, you must obtain a Brisbane Encroachment Permit Do you wish to use amplified sound at this event? _____ If yes, you must submit an Brisbane Amplified Sound Permit Application To the fullest extent allowed by law, I agree to indemnify and defend the City of Brisbane, its directors, officers, agents, employees and volunteers and hold them harmless from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys’ fees, arising out of the use or occupancy described in this application. I agree to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from the use or occupancy described in this application.

Page 2 ends

PERMITS

ADDITIONAL SUPPORT

EQUIPMENT USE REQUEST

INDOOR FACILITY ACCESS REQUEST

Alcoholic Beverage Permit

ADMINISTRATIVE SECTION
Facility Application? _____ Permit # ______________ CC Report Due _________ CC Meeting Date: ____________ 02/24/24 9:00am 10:00pm
yes
no
no
No
8/25/23
76 M.

File Attachments for Item:

N. Approve the Mothers of Brisbane’s MOB Shop as cosponsored event 77 Application for event cosponsorship Page 1 of 2

Recommendation
Approve the Mothers of Brisbane’s MOB Shop as cosponsored event.

Background
The Mothers of Brisbane is a, 501 (c)(3), non-profit parents’ club and welcoming community of support for parents of young children in Brisbane, and surrounding communities. Established in the summer of 2005, the MOB is a place where families come together to make friends, learn about community resources, hold family events, arrange playgroups and childcare, share information, and support, and generally have a good time together. The MOB currently consists of single, partnered, married, gay, straight, working, stay-at-home, and self-employed parents. They come from different backgrounds, cultures, and experiences, but through it all, they are families.

This event began in 2000 as a clothing "swap" at the Community Park Gazebo, providing families with an opportunity to repurpose gently used children’s items and clothing to other families in need. Over the years, the MOB Shop serves as both a great fundraiser for the Mothers of Brisbane and a service to the community. Offering a tax-deductible way for Brisbane families to donate gently used clothing and baby gear, the event allows other families to purchase those same items for a nominal donation. All leftover items are donated to the San Mateo Shelter Network or similar organizations that serve families in our area.

Discussion
The MOB Shop will take place at the Mission Blue Center on Friday & Saturday, January 26th & 27th, 2023. The Mothers of Brisbane meets Group II requirements with the events open to the general public qualifies them for free use of the facility and waives the deposit requirement.

Fiscal Impact
The Mothers of Brisbane is requesting support from the City as summarized in the table below. They have requested use of the Mission Blue Center for the aforementioned event. Although use of the 78 N.

Application for event cosponsorship Page 2 of 2
facility and the deposit are waived as part of their Group II designation, they are also asking the City to waive costs associated event insurance.

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Hourly Rental of Mission Blue
Center
Approximately 17 hours @
$350/hour = $5,950
(including set up/clean up)
Waived per City policy for Nonprofit use
Mission Blue Rental Deposit $500
(Typically refundable absent damages)
Waived per City policy for Nonprofit use
Indoor Event Insurance
Approximately $100-$250/event.
(Renters are typically required to
procure insurance on their own and
provide a copy to the city.)
Requesting requirement to be
waived and the City to absorb
liability as done in the past.

Promotional and Marketing
Support Waived
Attachments

This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

City ofBrisbane

Page 1 ends

EVENT DETAILS

APPLICANT INFORMATION
(If you are requesting multiple days & times, please attach those details on a separate sheet of paper.) Ranjani Gupta and Sarah P Mills
Mothers of Brisbane
[email protected], [email protected]
Ranjani 832-567-0501, Sarah 774-766-8942
1117 Humboldt Rd, Brisbane
www.mothersofbrisbane.com
2005
“The MOB” has hosted numerous community events over the years, often either for free or at a low cost. We have brought together playgroups, hosted Playgym, coordinated new family meal trains, organized the Mob Shop, and several other seasonal events targeted to families in Brisbane and the surrounding area.

The MOB is a, 501 (c)(3), non-profit parents’ club and welcoming community of support for parents of young children in Brisbane, California, and surrounding communities. We are single, partnered, married, gay, straight, working, stay-at-home, and self-employed. We come from different backgrounds, cultures, and experiences – but through it all, we are families.

The Mob Shop
01/26/24 - 01/27/24
Friday and Saturday
Mission Blue Community Center
Fri: 8:00a, Sat 10:00a
Fri: 12:00p, Sat: 10:00a
Fri: 5:00p, Sat: 5:00p
Rummage sale of gently used clothing, kids’ toys and baby gear no
no
This event will be open to the general public.
80 N.

Other: ____________________________
To request promotional support, please circle the specific areas you would like support with. (Please note, promotional support is not guaranteed. Any graphics or content will need to be provided by the applicant.) If you would like to request any equipment for an outdoor event, please include those details below. (If your event is at one of our indoor facilities, you my indicate your
equipment needs on the rental layout.) Bluetooth Speaker? ______ with Microphone? ______ Projector & Screen? ______
*Theatrical Lighting? ______ with Lighting Technician? _____ *Theater Risers? ______
Will this event require any street or parking closures? _____ If yes, you must obtain a Brisbane Encroachment Permit Do you wish to use amplified sound at this event? _____ If yes, you must submit an Brisbane Amplified Sound Permit Application To the fullest extent allowed by law, I agree to indemnify and defend the City of Brisbane, its directors, officers, agents, employees and volunteers and hold them harmless from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys’ fees, arising out of the use or occupancy described in this application. I agree to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from the use or occupancy described in this application.

Page 2 ends

PERMITS

ADDITIONAL SUPPORT

EQUIPMENT USE REQUEST

INDOOR FACILITY ACCESS REQUEST

Alcoholic Beverage Permit

ADMINISTRATIVE SECTION
Facility Application? _____ Permit # ______________ CC Report Due _________ CC Meeting Date: ____________ Thur, 01/25/24
Fri, 01/26/24
Sat, 01/27/24
6:00p
5:00p
5:00p
8:00a
10:00a
8:00p
yes
no
no
n/a
n/a
81 N.

File Attachments for Item:

O. Authorize the City Manager to Execute a One-Year Extension with Granicus to Continue Providing Short Term Rental Monitoring and Permitting Services (The cost of renewing the service agreement through December 2024 would be $11,430.37 to retain the current scope of services.)
82 Short Term Rental Contract Extension Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: October 5, 2023
From: John Swiecki, Community Development Director
Subject: Contract Renewal with Granicus (Host Compliance) - Short Term Rental Monitoring and Permitting
Community Goal/Result
Safe Community - Residents and visitors will experience a sense of safety Economic Development - Brisbane will work with the businesses and residents to provide for economic vitality/diversity
Purpose
For the City Council to consider a one-year renewal of the City’s current agreement with Granicus (Host Compliance) to provide short term rental (STR) monitoring and permitting services.

Recommendation
That the City Council authorize the City Manager to execute a one-year extension with Granicus to continue providing STR monitoring and permitting services.

Background
The City of Brisbane adopted an ordinance which took effect in summer 2020 permitting STRs subject to a number of operational and performance standards. In early 2021 the City entered into a contract with a vendor (Host Compliance, now Granicus) to automate the STR permit process and monitor STR activity on multiple listing sites, allowing the City to initiate code enforcement as needed and pursue the collection of transient occupancy tax (TOT). Lastly, the City Council passed an ordinance, pursuant to SB 60, to increase the fines for STRs operating in violation of the City’s regulations on November 18, 2021.

Discussion
The current agreement with Granicus ends in December 2023 and it is proposed the agreement be extended for an additional 12 months, through December 2024. The system has been in place for two years and staff is generally accepting of its performance, although Granicus’ customer service and certain aspects of the system can be challenging. While staff is supportive of extending the agreement an additional year, we will be exploring if the software for the planned electronic permit system upgrade may be able to perform some of the functions currently performed by Granicus,such as permitting and registration. This may have implications on future agreement extensions with Granicus.

Below is a summary of STR activity since the system has been active:
83 O.

Short Term Rental Contract Extension Page 2 of 2
• 12 STRs with active listings were originally identified in June 2021 and the latest data from September 2023 identified four STR units with active listings, the same as reported last year. • Since October 2021, the City of Brisbane has averaged 4-6 active STR units at any given time. The number varies as new and/or potential units and listings are first identified by Granicus, some of which may be outside city limits or unverified by the system. • There are no code enforcement cases at the time of the writing of this staff report. o A total of four code enforcement complaints have been investigated and resolved in 2023.
o No STR citations have been issued in 2023.
• The City currently has four active STR permits.
o Two STR permit applications were approved in 2022, three more in 2023, and renewed an existing STR operating permit in 2023.

Choosing not to extend the agreement would require the City to either find another vendor or transfer enforcement responsibilities to the City’s Code Enforcement Officer. Staff received a solicitation from another private firm that provides STR rental monitoring services and included a cost estimate in the range of $8,000-$13,000 annually. Staff sees no benefit in considering a change in vendor at this time.

Fiscal Impact
The cost of renewing the service agreement through December 2024 would be $11,430.37 to retain the current scope of services. The agreement cost in 2021 was $11,247.00 and $10,682.24 in 2022 (the 24/7 Hotline service was removed then). Since June 2021, the City has cumulatively collected approximately $15,000 in TOT from STRs, with about $3,700 collected this fiscal year.

In each of the previous two fiscal years, the City collected an average of $5,750 in TOT per year.

Measure of Success
Successful implementation of the City’s STR Ordinance by permitting STRs consistent with the City’s ordinance, eliminating unpermitted STRs and generating and collecting TOT.

Attachments
Granicus Proposal - STR Rental Permitting and Monitoring ___________________________________ ___________________________________ John Swiecki, Community Development Director Clay Holstine, City Manager 84 O.

THIS IS NOT AN INVOICE Order Form
Prepared for
Brisbane, CA
Order #: Q-299249
Prepared: 29 Aug 2023

Page 1 of 6 ends

Granicus Proposal for Brisbane, CA

ORDER DETAILS
Prepared By: Antonio Magadan
Phone:

Email: [email protected]
Order #: Q-299249
Prepared On: 29 Aug 2023
Expires On: 28 Dec 2023
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: 12/29/2023 - 12/28/2024

ORDER TERMS
85 O.

Order Form
Brisbane, CA
Order #: Q-299249
Prepared: 29 Aug 2023

Page 2 of 6 ends

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Renewing Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Address Identification Annual 62 Rental
Listings $3,194.24
Mobile Permitting & Registration Annual 1 Each $5,724.50 Compliance Monitoring Annual 43 Rental
Units $1,108.11
Rental Activity Monitoring Annual 43 Rental
Units $1,403.52
Tax Collection Annual 1 Each $0.00
SUBTOTAL: $11,430.37
86 O.

Order Form
Brisbane, CA
Order #: Q-299249
Prepared: 29 Aug 2023

Page 3 of 6 ends

PRODUCT DESCRIPTIONS
Solution Description
Address Identification Ongoing monitoring of 60+ Short Term Rental websites including major platforms Airbnb, VRBO, HomeAway, Booking.com, FlipKey, & Expedia. Our machine learning will deduplicate all known Listings into unique Rental Units, where our identification team will provide owner contact information for further enforcement. This product includes:- Ongoing monitoring of all listings in your jurisdiction
- Updating listing activity and details every 3-5 days
- Screenshot activity of every listing
- Deduplication of listings into unique Rental Units
- Activity dashboard and map to monitor trends and breakdown of compliance
Mobile Permitting & Registration Mobile-enabled online forms and back-end systems for streamlining the registration/licensing/permitting of individual short-term rental hosts. These registration forms and workflows include:- Parcel Number lookup and validation
- E-Signatures
- ACH, Debit, and Credit Payments exclusively powered by Stripe.com - Registration Number & Certificate creation
- Document Upload
- Renewals
- Email confirmation
- Admin approval & denial
Compliance Monitoring Compliance monitoring provides up-to-date information for each identified Rental Unit and its compliance status. We configure your compliance definition specific to your jurisdiction rules and ordinances in order to provide up-to-date compliance status of each identified Rental Unit. Additionally, this product will:- Allow your team to send letters to noncompliant properties 24/7 - Configure letter templates with your branding and letterhead - Add as many letter sequences as you need for escalation - Monitor properties that become compliant after letter enforcement Rental Activity Monitoring Ongoing monitoring of Short Term Rental listings for signs of rental activity including historical revenue estimates & occupancy. Coupled with our Tax Collection product, users can also compare historical revenue estimates to actual reported revenue to identify those that may be underreporting and underpaying sales tax (i.e. TOT).
87 O.

Order Form
Brisbane, CA
Order #: Q-299249
Prepared: 29 Aug 2023

Page 4 of 6 ends

Solution Description
Tax Collection Tax Collection can be built as a separate mobile-enabled form or coupled with Mobile Permitting & Registration in one single portal allowing your users to:- Report revenue monthly, quarterly, or annually and pay sales tax due (i.e TOT)
- Remind users when they are registering for a permit/license to also report any back taxes
- Collect ACH, Debit, and Credit Payments exclusively powered by Stripe.com
88 O.

Order Form
Brisbane, CA
Order #: Q-299249
Prepared: 29 Aug 2023

Page 5 of 6 ends

TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-299249 dated 29 Aug 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Brisbane, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
• The terms and conditions set forth in the Agreement effective are incorporated herein by reference. 89 O.

Order Form
Brisbane, CA
Order #: Q-299249
Prepared: 29 Aug 2023

Page 6 of 6 ends

BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:

If PO required
Billing Email: Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-299249 dated 29 Aug 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Brisbane, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
90 O.

File Attachments for Item:

P. Adopt an Ordinance, Waiving Second Reading, Concerning the Timing of the Construction of Off-Site Improvements
(This Ordinance is exempt from review under the California Environmental Quality Act (CEQA) because it is not a project. CEQA Guidelines section, 15378 (b)(2).) 91 CITY COUNCIL AGENDA REPORT
Timing of Construction of Off Site Improvements Page 1 of 1 Meeting Date: October 5, 2023
From: Director of Public Works/City Engineer
Subject: Ordinance Concerning the Timing of the Construction of Off Site Improvements
(This Ordinance is exempt from review under the California Environmental Quality Act (CEQA) because it is not a project. CEQA Guidelines, Section 15378 (b)(2).

Recommendation
Adopt an Ordinance, waiving second reading, adding Section 15.04.045 to Chapter 15 of the Brisbane Municipal Code, “Concerning the Timing of the Construction of Off Site Improvements.”” Background
This ordinance was introduced at the regular City Council meeting held on September21, 2023, and was enthusiastically passed by unanimous vote with no requested changes.

Environmental Review
Environmental Quality Act (CEQA) as it is general policy and procedure making and not applied to a
Attachments

1. September 21, 2023 staff report ___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager

Page 1 of 5 ends

Timing of Construction of Off Site Improvements Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: September 21, 2023
From: Director of Public Works/City Engineer
Subject: Ordinance Concerning the Timing of the Construction of Off Site Improvements (This Ordinance is exempt from review under the California Environmental Quality Act (CEQA) because it is not a project. CEQA Guidelines, Section 15378 (b)(2).

Purpose
To review a proposed ordinance that addresses community desires to mitigate the delays in public improvements required in conjunction with private development.

Recommendation
Introduce an Ordinance, waiving first reading, adding Section 15.04.045 to Chapter 15 of the Brisbane Municipal Code, “Concerning the Timing of the Construction of Off Site Improvements.” Background
Accordingly, wo
require that
with the onsite onsite
neighborhood concerns.

Discussion
Where a building permit requires site
neighborhood nuisance

Page 2 of 5 ends

Timing of Construction of Off Site Improvements Page 2 of 2 Fiscal Impact

ENVIRONMENTAL REVIEW
a
Attachments

1. Proposed Ordinance ___________________________________ ___________________________________ Clay Holstine, City Manager

Page 3 of 5 ends

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF BRISBANE
ADDING SECTION 15.04.045 TO THE BRISBANE MUNICIPAL CODE CONCERNING

THE TIMING OF THE CONSTRUCTION OF OFF SITE IMPROVEMENTS The City Council of the City of Brisbane hereby ordains as follows:

Section 1. Section 15.04.045 is added to the Brisbane Municipal Code to read as follows:
“Section 15.04.045. Timing of the construction of off site improvements.

Where a building permit requires that an applicant construct certain off site improvements including, but not limited, to road widening, retaining walls and/or parking spaces, the applicant shall construct all such improvements in a schedule approved by the city engineer before beginning any on site construction unless the city engineer authorizes specific on site construction before the enumerated off site improvements are completed.” 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 30 days after its passage and adoption. * * * *
The above Ordinance was regularly introduced and after waiting the time required by law was thereafter passed and adopted at a regular meeting of the City Council of the City of Brisbane held on October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: _____________________________ Madison Davis, Mayor

Page 4 of 5 ends

ATTEST: _____________________________ Ingrid Padilla, City Clerk APPROVED AS TO FORM: _____________________________ Thomas R. McMorrow, City Attorney

Page 5 of 5 ends

File Attachments for Item:

Q. Consider Introduction of a Draft Ordinance Amending Chapter 10.52 of the Brisbane Municipal Code to Incorporate Transportation Demand Management (TDM) Requirements (This ordinance is statutorily exempt from environmental review under CEQA Guidelines Section15183(a) - Projects Consistent with a Community Plan or Zoning, and categorically exempt from environmental review under CEQA Guidelines Section 15308 - Actions by Regulatory Agencies for Protection of the Environment)
97 Introduce Ordinance | Transportation Demand Management Page 1 of 7

CITY COUNCIL AGENDA REPORT
Meeting Date: October 5, 2023
From: John Swiecki, Community Development Director
Subject: Introduction of a draft ordinance amending Chapter

10.52 of the Brisbane Municipal Code to incorporate Transportation Demand Management (TDM) requirements and finding that this ordinance is statutorily exempt from environmental review under CEQA Guidelines Section15183(a) - Projects Consistent with a Community Plan or Zoning, and categorically exempt from environmental review under CEQA Guidelines Section 15308 - Actions by Regulatory Agencies for Protection of the Environment.

COMMUNITY GOAL/RESULT
Ecological Sustainability - Brisbane will be a leader in setting policies and practicing service delivery innovations that promote ecological sustainability.

PURPOSE
To Transportation System Management (TSM) Ordinance, Chapter

10.52 of the Brisbane Municipal Code (BMC), with a citywide Transportation Demand Plan.

RECOMMENDATION

1. Introduce the attached draft TDM ordinance;

2. 3. Direct staff to draft a resolution establishing fines for noncompliant Tier 3 projects at a rate dependent on the size of the employer;

4. Direct staff to amend Chapter 17.34 of the BMC to add parking maximums for office and life science uses and update bicycle parking requirements; and

5. Direct staff to request proposals for a Transportation Impact Fee Nexus Study

BACKGROUND
The City/County Association of Governments of San Mateo County (C/CAG) updated its TDM Policy guidance for the County and it became effective as of January 1, 2022. TDM refers to policies, programs, and strategies that aim to reduce vehicular travel, particularly singleoccupancy vehicles, Congestion Management Plan (CMP). TDM measures that reduce single occupancy vehicle travel and shift trips to transit, active transportation, and carpooling can provide a range of benefits, including but not limited to: alleviating traffic congestion, reducing vehicle miles traveled (VMT) and greenhouse gas emissions, and making efficient use of existing transportation systems.

The mandatory countywide TDM policy includes recommended thresholds for residential and nonresidential development projects subject to a TDM program and performance targets for single-occupancy vehicle mode shares as briefly summarized in the table below. 98 Q.

Introduce Ordinance | Transportation Demand Management Page 2 of 7 policy allows local jurisdictions to adopt a local ordinance which, at a minimum, TDM requirements through the policy exemption process described below.

In 2021, the Transportation Demand Policy Subcommittee discussed the -specific TDM . Subsequently, in February 2022 the subcommittee directed staff to move forward with transportation consultant Fehr & Peers to create a TDM strategy for Brisbane to be more responsive to our local challenges and opportunities. On May 24, 2023, the subcommittee reviewed a draft copy of the TDM Strategy Document and ordinance and recommended minor amendments, which have been incorporated.

DISCUSSION
TDM Strategy for the City of Brisbane
The draft TDM Strategy for the City of Brisbane (Attachment ), prepared by Fehr and Peers and in consultation with City staff, provides a strategy to address land use changes and align with County and State requirements. It includes a proposed TDM Ordinance along with implementation measures related to planning and monitoring TDM measures as well as supportive actions related to funding and parking policies.

Projects consistent with the draft TDM Ordinance would be considered consistent with both General Plan Policy C.38, and its implementing programs, as well as the C/CAG TDM Policy. While Ordinance are tailored
to the City of Brisbane and it would also capture more projects that would otherwise not be S - auto mode share and reduce drive-alone trips are summarized in the table below and included within Appendix A of the draft TDM Strategy Document. Generally, office/R&D projects, which comprise the primary generator of peak period commute trips and VMT within the City, would be required to achieve a higher non-auto mode share under the draft TDM Ordinance than under C/CAG). Large office/R&D projects would also be subject to more frequent surveys, vehicle 99 Q.

Introduce Ordinance | Transportation Demand Management Page 3 of 7 C/CAG vs. City of Brisbane Performance & Monitoring for Nonresidential Uses Sample Land Use
(Tier)
C/CAG City of Brisbane
Drive Alone
Mode Share
Monitoring Drive Alone
Mode Share
Monitoring
Office/R&D and any other
developments with
significant impacts to VMT
(Tier 3)
67%-73% Biennial/ triennial surveys
for first 18 years
52% Annual surveys and counts
for lifespan of project
Other employment uses
with less-than-significant
impacts to VMT
(Tier 2)
67%-73% Biennial/ triennial surveys
for first 18 years
52% Annual surveys for the first
20 years
Other non-residential uses
(e.g., retail and hotel) with
less-than-significant
impacts to VMT
(Tier 1 & 2)
67% - 73% Biennial/ triennial surveys
for first 18 years
52% None (Projects may be
subject to C/CAG
monitoring)
C/CAG TDM Policy Exemption
Local jurisdictions may request an exemption from the requirement to apply the C/CAG TDM Policy provided they have adopted their own TDM program and can sufficiently prove that their adopted TDM measures meet or exceed trip mitigation impacts required by C/CAG. As indicated above and documented in Appendix A of the draft TDM Strategy Document, the City would achieve a higher non-auto mode share under the proposed residential uses. The draft TDM Ordinance would also require more robust monitoring and reporting requirements than C/CAG. Therefore, staff believes the draft Ordinance is more policy and C/CAG will grant an exception. Obtaining an exemption would also streamline the TDM process and avoid multiple rounds of redundant regulatory review for applicable projects.

Draft Ordinance Applicability and Requirements
As indicated previously, the draft Ordinance (Attachment 1) would apply to more projects than average daily trips. In addition to the above threshold, any nonresidential project applying for a building permit with improvements that exceed $500,000 in construction costs and any project involving additions or alterations to a building, which calculated together or apart, constitute 50 percent of the pre-existing floor area of the building would also be subject to the draft Ordinance.

All projects subject to the requirements of the draft Ordinance would be required to incorporate trip reduction measures, based on a tiered system. Tier 1 includes uses with the least traffic impacts, Tier 2 uses have moderate traffic impacts, and Tier 3 uses have the greatest impacts.

Applicability and TDM requirements are briefly summarized below:
100
Q.

Introduce Ordinance | Transportation Demand Management Page 4 of 7 Tier 1: These projects would include uses that have a very limited impact on peak period commute trips, such as residential and nonresidential uses that do not qualify as Tier 2 or

3. These projects would be subject to a limited number of TDM measures, such as participation in Commute.org trip reduction programs, and annual reporting for a few years.

Tier 2: This tier generally would include most commercial uses found within Crocker Industrial Park, such as warehousing, and all office/R&D uses (citywide) between 10,000 and 50,000 square feet. These projects would be subject to all Tier 1 TDM measures plus additional (Tier 2) TDM measures, such as providing financial contributions to Tier 3: This is the most stringent tier and would include all office/R&D uses in the City larger than 50,000 square feet, or the primary generators of peak period commute trips and vehicle miles traveled in the City. These projects would be subject to all Tier 1 and Tier 2 TDM measures plus additional measures to be documented within a TDM plan and even more rigorous annual reporting requirements to be performed in perpetuity.

Threshold for Construction Costs
Any nonresidential project applying for a planning or building permit for improvements valued at more than $500,000 in construction costs, regardless of the number of average daily trips generated would be subject to the draft Ordinance. At the May 24, 2023 Transportation Demand Policy Subcommittee meeting, staff was asked to provide additional information regarding the $500,000 construction cost threshold for nonresidential projects. This threshold is intended to reduce VMT generated and maximize usage of shuttle services at existing development within the Crocker Industrial Park subarea. A lower number (threshold) would capture additional projects while a higher number would result in fewer projects being subject to the draft TDM Ordinance.

Staff examined all building permits issued between January 1, 2018 and July 3, 2023. A total of 678 permits were issued during that period for commercial construction projects and a summary of the number of permits issued by valuation is depicted below:
101
Q.

Introduce Ordinance | Transportation Demand Management Page 5 of 7 554 permits or 82% of those permits had a valuation (construction costs) of less than $250,000. The average costs in this range were less than $42,000. 11% had a valuation of more than $500,000; the average costs exceeded one million dollars. 47 permits had a valuation between $250,000 and $500,000, broken down as shown below:
# of Commercial Permits Issued by Valuation between $250,000 and $500,000 < $249,999, 82%
$250,000-$299,999, 1%
$300,000-$349,999, 2%
$350,000-$399,999, 2%
$400,000-$449,999, 2%
$450,000-$499,999, 0%
> $500,000, 11%
Number of Commercial Permits Issued by Valuation
< $249,999
$250,000-$299,999
$300,000-$349,999
$350,000-$399,999
$400,000-$449,999
$450,000-$499,999
> $500,000
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Introduce Ordinance | Transportation Demand Management Page 6 of 7 TDM Strategy Implementation
Included within the draft TDM Strategy for the City of Brisbane are additional supportive actions to complement the proposed ordinance. Supportive or follow-up actions include adopting enforcement fines for Tier 3 projects, establishing parking maximums, minimum bicycle parking requirements and consideration of a citywide transportation impact fee, as detailed below.

Enforcement Fines
All projects subject to the draft TDM Ordinance would
penalties, and enforcement provisions set forth within Chapters 1.14, 1.16, and 1.18 of the BMC for failure to either submit an annual compliance report or submission of an incomplete report or to implement and maintain trip reduction measures required under the draft Ordinance.

Under the BMC, administrative fines are $100 for a first citation, $200 for a second citation of the same violation, and $500 for each additional citation for the same violation within 12 consecutive months.

However, failure to implement and maintain trip reduction measures and/or if the target mode share is not being achieved by larger, Tier 3 projects, the draft Ordinance would allow each participant two violations, with opportunity to correct, before triggering the first fine. Fines would then be administered for each subsequent year of non-compliance after the third violation. The draft TDM Strategy recommends assessing fines for these larger, Tier 3 projects at a rate dependent on the size of the employer, rather than a flat rate (Appendix A). Associating the fine to the number of employees would be a more equitable means to ensure violators with the greatest impact on VMT comply with the requirements of the draft TDM Ordinance. The City Council would need to adopt such fines by resolution.

Based on preliminary research, fines could potentially be between $50 and $200 per employee and additionally be assessed at a variable rate dependent upon the size of the employer.

Alternatively, the Council could amend the draft TDM Ordinance to apply the fines already established under the BMC for Tier 3 project violators.

Parking Maximums and Bicycle Parking
Aligning parking requirements with TDM performance targets would help the City achieve VMT reductions and mode shifts outlined in the draft TDM Strategy. The requirement for (administrative) office use, which also encompasses life science uses, is one space per 300 square feet and provides enough parking for nearly every employee to drive.

Furthermore, life science uses, which typically have one employee for every 350 to 450 square feet, would have a parking supply that exceeds the employee population existing parking minimums.

Recommended parking maximums for office and life science uses, provided within Table D of Attachment , should be approximately one space per 500 square feet to one space per 103
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Introduce Ordinance | Transportation Demand Management Page 7 of 7 square feet to promote alternative transportation use and help achieve the mode share target set forth in the draft TDM Ordinance.

A revision to bike parking standards is also suggested. Brisbane does not currently require residential projects to provide bicycle parking. The bicycle parking requirements in the proposed Baylands Specific Plan (Table E of Attachment ) is a good example of bicycle parking requirements for residential uses. Requiring minimum long-term bicycle parking facilities in multifamily projects can help enhance the viability of bicycle use as a means to support mode shift.

Transportation Impact Fee
justify consideration of a
transportation impact fee. Transportation impact fees standardize the contributions of developments for potential infrastructure improvements to help ensure that developments are paying their fair share. Impact fees may be enacted with council approval and do not require voter approval, like other funding mechanisms, but a nexus study is required to set an impact fee in relation to capital improvement needs.

Most cities in San Mateo County have transportation impact fees for office and life science projects with fees that range from $2 to $29 per square foot. South San Francisco, which covers the southern portion of Sierra Point and shares similarities in its growing life science market and evolving transportation conditions, has the highest fee in the county at $29 per square foot.

FISCAL IMPACT
None associated with the proposed ordinance or changes to parking or bike parking standards.

Subsequent actions related to the consideration of enforcement fines and adoption of transportation impact fees could potentially raise City revenues.

MEASURE OF SUCCESS
Application of Brisbane-specific TDM measures that would more effectively result in trip reductions, exceeding the minimum requirements and help meet the General Plan and Climate Action Plan.

ATTACHMENTS
Draft Ordinance
Draft TDM Strategy Document ___________________________________ ___________________________________ John Swiecki, Community Development Director Clay Holstine, City Manager 104
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ATTACHMENT 1

1.1 Draft
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF BRISBANE
TO AMEND CHAPTER 10.52, BRISBANE MUNICIPAL CODE CONCERNING

TRANSPORTATION DEMAND MANAGEMENT
The City Council of the City of Brisbane hereby ordains as follows:

SECTION 1: Chapter 10.52 of Brisbane Municipal Code is deleted in its entirety and replaced to read as follows:

Chapter 10.52 Transportation Demand Management

10.52.010 Findings.

The council of the city finds and determines that:

A. Continued growth in both the City and the overall region have led to increased vehicle trips, longer commute times, and a continued need for transportation management.

B. Future development in the City and the region is likely to lead to additional vehicle trips, particularly during the AM and PM commute hours.

C. A reduction in daily vehicle miles traveled (VMT) for residential and nonresidential developments is proposed to reduce greenhouse gas emissions and improve air quality.

D. There is limited capacity to expand existing roadway infrastructure and roadway expansions have the potential to induce greenhouse gas emissions, depending on the type of expansion.

E. Decreasing the amount of VMT during both the peak periods and across the day will improve quality of life, help manage use of existing City infrastructure, and help make Brisbane an attractive and convenient place to live, work, visit and do business.

F. Transportation demand management programs can help to reduce VMT, and can be even more effective when coordinated at a regional level, and when utilizing acknowledged best practices to encourage mode shift away from single occupant vehicles
G. Participation in the Peninsula Traffic Congestion Relief Alliance (Commute.org) has helped manage VMT growth in the City, however additional efforts to decrease VMT have been proposed to further reduce VMT and vehicle trips.

H. Developing additional measures for new developments to ensure they offer robust transportation demand management programs, comply with design best practices to 105
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ATTACHMENT 1

1.2 logical step in working to alleviate both VMT and the environmental impacts of new developments.

I. The Sierra Point subarea, due to limited roadway access, experiences higher levels of congestion compared to Brisbane as a whole and may require more aggressive actions to manage VMT and vehicle trips.

J. The San Mateo County Congestion Management Program requires projects generating more than 100 daily vehicle trips to implement an appropriate TDM Program; this ordinance meets the relevant CMP requirements. Projects which are consistent with the City's TDM

10.52.020 Purpose.

The specific purposes of this chapter are:

A. Reduce the number of VMT generated by new and existing development.

B. Manage vehicular trips, especially trips associated with drive-alone commute trips during peak traffic periods (6am 10am and 3pm 7pm on weekdays).

C. Promote more efficient utilization of existing transportation facilities and ensure that new developments maximize usage of shuttle services, transit, active transportation, carpooling, and vanpooling.

D. Increase awareness of and promote greater public use of walking, bicycling, transit, carpooling, and vanpooling.

E. Develop a set of Transportation Demand Management (TDM) programs designed to ensure the most effective types of TDM measures are included in all new developments.

F. Achieve compliance with the City/County Association of Governments of San Mateo avoiding multiple rounds of regulatory review.

10.52.030 Definitions.

For the purposes of this chapter, the following definitions apply:

A.
freight, and other motorized travel) to and from a project site on a typical weekday, not including holidays and excluding construction vehicle related trips.

B. - 10am and 3pm-7pm)
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ATTACHMENT 1

1.3 C.
requires the issuance of any discretionary planning permit pursuant to Brisbane Municipal Code Title 17 or a building permit under Brisbane Municipal Code Title 15.

1. warehousing, office, and research and development, defined under Chapter 17.02 that is permitted or conditionally allowed in any Trade Commercial Zoning District.

2. -
following:
i. Residential dwelling units
ii. Trade commercial
iii. Warehousing, office, and research and development

10.52.040 Applicability.

The requirements of this chapter shall apply to the following:

A. All projects that generate one hundred (100) or more average daily trips, based on localized factors and reasonable trip generation estimates, which includes, but is not limited to data from the Institute of Traffic Engineers (ITE) trip generation rates, or the trip generation data from Vehicle Miles Traveled (VMT) calculations. As part of this analysis the City may consider the ability of a project to displace existing vehicle trips, i.e. the net change in average daily trips. The Community Development Director, or their designated representative, may determine what constitutes a reasonable trip generation rate.

B. Any nonresidential project applying for a planning or building permit for improvements valued at more than $500,000 in construction costs, regardless of the number of average daily trips generated.

C. Any project involving additions, alterations, or major rebuilds to a lawfully constructed building completed within any five (5) year period subject to the requirements set forth in Chapter 15.10 of Title 15, regardless of the number of average daily trips generated.

10.52.050 Exemptions.

The following projects are exempt from this chapter:

A. Specific Plans. All projects in an area subject to a specific plan shall comply with TDM requirements, which shall be at least as stringent as the provisions of this chapter, imposed by that specific plan.
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1.4 B. Previously entitled projects. Projects with an approved development agreement or, prior to November 18, 2023, that have an approved vesting tentative map shall be measured according to the performance standards specified in their respective conditions of approval. Projects for which the City has issued a building permit prior to November 18, 2023 shall also be measured according to the performance standards specified in their respective conditions of approval, provided, however, that if such project requires one or more additional building permits one or more of which meet the applicability standards within subsection 10.52.040, the performance standards in this Chapter shall apply.

C. Affordable Housing. Multifamily residential projects in which one hundred percent (100%) of the dwelling units are designated as Affordable, Inclusionary, or Target Units per BMC Chapter 17.31.

D. Small residential projects. Any residential project consisting of either of the following:

1. Fewer than twenty (20) multiple-family dwelling units as defined as defined in Section 17.02.235 of Title 17; or

2. Fewer than ten (10) single-family dwellings as defined in as defined in Section

17.02.235 of Title 17; or

3. Fewer than seven (7) duplexes (i.e., fewer than fourteen duplex dwelling units) as defined in Section 17.02.230 of Title 17.

E. Accessory dwelling units and junior accessory dwelling units. Accessory dwelling units and junior accessory dwelling units, as defined in Section 17.02.235 of Title 17.

F. Projects with environmental benefits. Any project, as determined by the Community Development Director, which results in an environmental benefit to the City and will not generate new ADT (including projects which generate localized trips but displace other existing trips) or are under one hundred (100) average daily trips.

10.52.060 - Project Tier Requirements.

A. Tiers of Compliance. All projects subject to the requirements of this chapter shall incorporate trip reduction measures, prescribed under Section 2.7 (10.52.070), based on the following three tiers. Mixed-use projects are subject to the highest applicable tier for any single project component:

1. Tier 1. The following projects shall implement all Tier 1 TDM measures, submit an initial self-certification report, and an annual self-certification report thereafter for the first six (6) years after occupancy:
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ATTACHMENT 1

1.5 a. All nonresidential projects that do not meet the criteria for Tier 2 or Tier 3; and
b. Residential projects not exempted under Section 2.5 (10.52.050) of this Title.

2. Tier 2. The following projects shall implement all Tier 1 and 2 TDM measures, submit an initial self-certification report, an annual self-certification report thereafter and conduct annual mode share surveys for the first twenty (20) years after occupancy:
a. Office and Research and Development (R&D) projects between ten thousand (10,000) and fifty thousand (50,000) square feet of gross building square footage; and
b. All warehousing and trade commercial projects.

3. Tier 3. The following projects shall implement all Tier 1, 2, and 3 TDM measures, submit an initial self-certification report, and annually monitor progress towards a target mode share of fifty-two percent (52%) of employees commuting via driving-alone and annually submit a self-certification report thereafter detailing the findings of yearly surveys and driveway counts in perpetuity:
a. Office and R&D projects with greater than fifty thousand (50,000) square feet of gross building square footage.

B. Annual Compliance Reporting. All projects subject to the requirements of this chapter shall submit a self-certification report one year from issuance of the first certificate of occupancy and/or building permit final, whichever occurs first, and annually thereafter pursuant to subsection A of this section.

1. Exception. Tier 1 and Tier 2 local-serving, nonresidential uses, including retail and hotel, as determined by the Community Development Director, are not subject to annual monitoring by the City unless found to have a significant impact to VMT during environmental review.

10.52.070 - Trip Reduction Measures.

A. All projects subject to the requirements of this chapter shall implement all the required measures per the applicable tier of compliance prescribed in this section and/or document or successor TDM document.
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ATTACHMENT 1

1.6 1. Tier 1 Measures:
a. Designate a dedicated TDM Coordinator to serve as point person of the project and engage in regular marketing activities, including sharing information on transportation alternatives;
b. Participate in Commute.org trip reduction programs;
c. Provide bicycle and pedestrian-oriented site access; d. Provide bicycle parking per city code;
e. Provide upgrades to pedestrian, bicycle, or transit infrastructure along f. Complete an annual self-certification report for a designated time period as required by Section 2.6 (10.52.060) of this Title.

2. Tier 2 Measures All Tier 1 measures plus all of the following:
g.
consortium, or successor organization designated by the City, at a level to be specified by Commute.org (or successor organization designated by roximity to shuttle service; and
h. Provide pre-tax commuter benefits to employees.
i. Conduct annual employee mode share surveys for informational purposes.

17.34;
l. If located within the SP-SCRO Zoning District, provide a fair share financial contribution toward a Commute.org shuttle service (or successor organization designated by the City) proposed to achieve a peak period frequency of 15 minutes or better to BART and Caltrain; m. Provide a subsidized carpool and vanpool program;
n. Provide parking cash-out or implement paid parking on-site; o. Provide transit subsidy benefits up to the IRS maximum amount; p. Provide access to end-of-trip bicycle facilities including showers, lockers, and a bicycle repair station on-site, or within 100 yards of the site; and 110
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ATTACHMENT 1

1.7 q. Conduct annual employee mode share surveys and driveway counts to monitor progress towards a fifty-two percent (52%) drive alone mode share goal.

C. The City may reduce the requirements of this section or chapter if a project is shown to attain VMT values consistent with local, regional, or state goals without implementation of all measures required herein.

10.52.080 - Submittal Requirements & Approvals Process.

A. Submittal Requirement. The following TDM documentation shall be submitted with any discretionary planning permit application and/or building permit application:

1. TDM Checklist (all Tiers);

2. (Tier 3 projects only) TDM plan, including:
a.
consistent with the requirements identified in Section 2.7 (10.52.070); b. An annotated site plan that designates trip reduction design elements; and
c. Property owner certification that the required measures will be implemented and maintained per Section 2.6 (10.52.060) and monitored per Section 2.9 (10.52.090).

3. (If applicable) Tenant concurrence letter demonstrating acknowledgement and cooperation with the proposed trip reduction measures, including:
a. Tenant certification that applicable trip reduction measures are identified in their lease; and
b. A summary of how the tenant is implementing applicable TDM measures.

4. Additional documentation not listed above may be required at the discretion of the City.

B. Approvals Process. The Community Development Director shall review the documentation required pursuant to subsection A of this section and determine if the proposed TDM program includes all required TDM measures and is adequate to achieve the relevant performance target for the Project.
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ATTACHMENT 1

1.8 10.52.090 - Monitoring & Enforcement.

All projects are subject to the following monitoring and enforcement process:

A. Initial Compliance Report. Prior to building permit issuance, all projects must submit an initial compliance letter to the Community Development Director documenting trip reduction measures and how their TDM program will be implemented.

B. Annual Compliance Report. All projects, unless excepted under subsection 10.52.060.B.1, are required to submit an annual compliance report documenting the continued implementation of TDM measures pursuant to the requirements contained within Section

2.6 (10.52.060) to the Community Development Director.

1. Tier 2 and Tier 3 Projects. Annual Compliance Reports shall include results from surveys and driveway counts pursuant to subsection Section 10.52.060.A.2.

2. Tier 3 Projects. Tier 3 projects that do not achieve the target drive alone mode share prescribed under subsection 10.52.060.A.3 shall include proposed changes to their TDM Program to further reduce VMT and vehicle trips with the Annual Compliance Report.

C. Penalty for Noncompliance. The violation of any provision of this chapter is unlawful, hereby declared to be a public nuisance, and shall be subject to the following:

1. All projects. Failure to submit the required annual compliance report prescribed under subsection B, or submission of an incomplete annual compliance report, shall be punishable as set forth in Chapters 1.14, 1.16, and 1.18 of this Code.

2. All projects. Failure to implement and maintain trip reduction measures prescribed under Section 2.7 (10.52.070) shall be punishable as set forth in Chapters 1.14, 1.16, and 1.18 of this Code.

3. Tier 3 Projects. Failure to implement and maintain trip reduction measures prescribed under Section 2.7 (10.52.070) and/or if the target mode share is not being achieved shall result in the following penalties
a. First Violation. The City will direct the participant to modify its TDM program to achieve compliance.
b. Second Violation. The City will direct the participant to coordinate with Commute.org, or successor agency, or retain an independent consultant to identify additional program modifications to achieve compliance. c. Third Violation. The City shall assess a fine per a City Council approved resolution. Fines shall be assessed for each additional violation in subsequent years.
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1.9 D. Appeals. Any person receiving a notice of violation or correction issued under this chapter may file a notice of appeal with the city clerk within ten (10) days after receipt of the notice to challenge the determination that a violation occurred, that corrective action is necessary, or in the case of a fine imposed on the owner of a Tier 3 project, the amount of the fine.

1. The city manager, or designee, shall conduct an administrative hearing within thirty (30) days after the filing of the appeal. With the consent of the appellant, the matter may be continued if additional time is needed for the city manager to evaluate the appeal.

2. The city manager, or designee, shall render a written decision within ten (10) days after the conclusion of the hearing and may affirm, reverse or modify the determination whether there has been a violation, whether corrective action is necessary, and/or the amount of the fine. The city manager, or designee, may consider whether the participant has made a good faith effort to achieve the required alternative mode use.

3. The decision of the city manager, or designee, shall be final.

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: The actions contained in this ordinance comply with the California Environmental Quality Act (CEQA), being statutorily exempt per CEQA Section15183(a) - Projects Consistent with a Community Plan or Zoning, and categorically exempt per CEQA Section 15308, Actions by Regulatory Agencies for Protection of the Environment.

SECTION 4: 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:
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1.10 ABSTAIN: _____________________________
Mayor
ATTEST: APPROVED AS TO FORM: _____________________________ _____________________________ City Clerk City Attorney 114
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ATTACHMENT
Transportation
Demand Management
Strategy
Prepared for:

City of Brisbane
October 2023
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2 Table of Contents

1. Introduction ............................................................................................................................... 1

1.1 About this Report ................................................................................................................................................................. 1

1.2 Policy Context......................................................................................................................................................................... 1 City of Brisbane General Plan .......................................................................................................................................... 1 Brisbane Municipal Code Chapter 10.52 .................................................................................................................... 2 C/CAG Congestion Management Plan Compliance .............................................................................................. 2

2. Proposed TDM Ordinance ........................................................................................................ 3

2.1 Findings (10.52.010) ............................................................................................................................................................. 3

2.2 Purpose (10.52.020) ............................................................................................................................................................. 4

2.3 Definitions (10.52.030) ........................................................................................................................................................ 4

2.4 Applicability (10.52.040) ..................................................................................................................................................... 4

2.5 Exemptions (10.52.050) ...................................................................................................................................................... 5

2.6 Project Tier Requirements (10.52.060).......................................................................................................................... 6

2.7 Trip Reduction Measures (10.52.070) ........................................................................................................................... 6

2.8 Submittal Requirements & Approvals Process (10.52.080) .................................................................................. 7

2.9 Monitoring & Enforcement (10.52.090) ....................................................................................................................... 8 Appendix A: TDM Ordinance Implementation ........................................................................ 10

3.1 Consistency with C/CAG Guidelines ............................................................................................................................10

3.2 List of TDM Measures .......................................................................................................................................................13

3.3 TDM Checklists and Plans ...............................................................................................................................................15 TRIP REDUCTION MEASURES CHECKLIST ........................................................................................................................17

3.4 Tenant Concurrence Letter .............................................................................................................................................18

3.5 Monitoring .............................................................................................................................................................................18

3.5.1 Annual Compliance Report .................................................................................................................................18

3.5.2 Survey & Count Methods ....................................................................................................................................18

3.5.3 Standardized Survey Language .........................................................................................................................19

3.5.4 Analysis of Results ..................................................................................................................................................21

3.5.5 Enforcement Fines ..................................................................................................................................................21

3.6 Zoning Code Updates .......................................................................................................................................................22

3.6.1 Auto Parking Requirements for Office/R&D Uses .....................................................................................22

3.6.2 Bicycle Parking Requirements for Residential and Other Uses .............................................................23

3.7 Potential Citywide Impact Fee .......................................................................................................................................23

3.7.1 Transportation Impact Fee ..................................................................................................................................23

ATTACHMENT
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1 1. Introduction

1.1 About this Report
Transportation Demand Management (TDM) refers to policies, programs, and strategies that aim to reduce vehicle travel, particularly single-occupancy vehicles. TDM measures that reduce single occupancy vehicle travel and shift trips to transit, active transportation, and carpooling can provide a range of benefits, including but not limited to:
alleviating traffic congestion, reducing vehicle miles traveled (VMT) and greenhouse gas emissions, managing parking demand, promoting more physically active communities, and making efficient use of the existing transportation system.

This report provides a TDM Strategy for the City of Brisbane to prepare the City for land use changes and align with policies with county and state requirements. It documents a proposed TDM Ordinance for the City along with implementation measures related to planning and monitoring TDM measures as well as supportive actions for infrastructure, services, funding, and parking policies.

1.2 Policy Context
Numerous plans and policies already in place (at both the local, regional, and State level) support an ordinance promoting provision of TDM programs at new developments.

City of Brisbane General Plan
Policy C.38 Continue participation in the efforts of subregional and regional transportation agencies to manage transportation systems.

Program C.38.a Continue active participation in the Congestion Management Program.

Program C.38.b Continue active participation in the Peninsula Traffic Congestion Relief Alliance Joint Powers Authority (Commute.org), as a means to cooperatively encourage residents and employees to reduce demand on transportation infrastructure.

Program C.38.c Provide information to citizens, employers, and employees on the alternatives to the single-occupant commute vehicle and the benefits of using the alternatives.

Program C.38.d Provide local incentives for participation in Transportation System Management (TSM) and Transportation Demand Management (TDM) programs.

Program C.38.e Require TSM and TDM measures to help mitigate the traffic and parking impacts of development projects.

ATTACHMENT
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2 Brisbane Municipal Code Chapter 10.52
currently establishes a Transportation System Management participation in countywide efforts to reduce vehicle trips (via the Peninsula Traffic Congestion Relief Alliance, or Commute.org) and the Congestion Management Program. The program proposed below would replace and supersede this program in its entirety.

C/CAG Congestion Management Plan Compliance
TDM helps manage vehicle congestion in accordance with San Mateo County Congestion Management Plan (CMP). CMP compliance is monitored by the City/County Association of Governments of San Mateo County (C/CAG), which updated its TDM Policy guidance for the county in 2021.1 recommended thresholds for development projects to be subject to a TDM program and includes recommended performance targets for single-occupancy vehicle mode shares. The City of Brisbane retains the ability to develop its own TDM Ordinance consistent with the framework provided by C/CAG.

Therefore,
t Policy Update (2021
San Mateo County CMP, Section 6)
TDM Policy.
1 Transportation Demand Management Policy Update Approach, C/CAG, September 1, 2021 https://ccag.ca.gov/wpcontent/uploads/2021/09/6.3-A5-CCAG_TDM-Policy-Update-Approach-June-2021_Final-w-redlines.pdf

ATTACHMENT
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3 2. Proposed TDM Ordinance
The following TDM ordinance is recommended for adoption by the City of Brisbane. This Ordinance would replace and supersede Brisbane Municipal Code Chapter 10.52 in its entirety, and projects which are consistent with the City's TDM Program, would also be considered consistent with both General Plan Policy C.38 and its implanting programs and the C/CAG TDM Policy.

2.1 Findings (10.52.010)
The council of the city finds and determines that:

A. Continued growth in both the City and the overall region have led to increased vehicle trips, longer commute times, and a continued need for transportation management.

B. Future development in the City and the region is likely to lead to additional vehicle trips, particularly during the AM and PM commute hours.

C. A reduction in daily vehicle miles traveled (VMT) for residential and nonresidential developments is proposed to reduce greenhouse gas emissions and improve air quality.

D. There is limited capacity to expand existing roadway infrastructure and roadway expansions have the potential to induce greenhouse gas emissions, depending on the type of expansion.

F. Transportation demand management programs can help to reduce VMT, and can be even more effective when coordinated at a regional level, and when utilizing acknowledged best practices to encourage mode shift away from single occupant vehicles G. Participation in the Peninsula Traffic Congestion Relief Alliance (Commute.org) has helped manage VMT growth in the City, however additional efforts to decrease VMT have been proposed to further reduce VMT and vehicle trips.

H. Developing additional measures for new developments to ensure they offer robust transportation demand management programs, comply with design best practices to reduce reliance on private VMT
and the environmental impacts of new developments.

ATTACHMENT
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4 2.2 Purpose (10.52.020)
The specific purposes of this chapter are:

A. Reduce the number of VMT generated by new and existing development.

B. Manage vehicular trips, especially trips associated with drive-alone commute trips during peak traffic periods (6am 10am and 3pm 7pm on weekdays).

D. Increase awareness of and promote greater public use of walking, bicycling, transit, carpooling, and vanpooling.

E. Develop a set of Transportation Demand Management (TDM) programs designed to ensure the most effective types of TDM measures are included in all new developments.

F. Achieve compliance with
Congestion Management Program within the City of Brisbane thereby avoiding multiple rounds of regulatory review.

2.3 Definitions (10.52.030)
For the purposes of this chapter, the following definitions apply:

A.
other motorized travel) to and from a project site on a typical weekday, not including holidays and excluding construction vehicle related trips.

B. the busiest or most popular travel time on weekdays (6am-10am and 3pm-7pm) C. Project shall mean any construction, development, or infrastructure project, that requires the issuance of any discretionary planning permit pursuant to Brisbane Municipal Code Title 17 or a building permit under Brisbane Municipal Code Title 15.

1. Trade Commercial any nonresidential use, other than warehousing, office, and research and development, defined under Chapter 17.02 that is permitted or conditionally allowed in any Trade Commercial Zoning District.

2. -
i. Residential dwelling units
ii. Trade commercial
iii. Warehousing, office, and research and development

2.4 Applicability (10.52.040)
The requirements of this chapter shall apply to the following:

ATTACHMENT
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5 (VMT) calculations. As part of this analysis the City may consider the ability of a project to displace existing vehicle trips, i.e. the net change in average daily trips. The Community Development Director, or their designated representative, may determine what constitutes a reasonable trip generation rate.

2.5 Exemptions (10.52.050)
The following projects are exempt from this chapter:

B. Previously entitled projects. Projects with an approved development agreement or, prior to November 18, 2023, that have an approved vesting tentative map shall be measured according to the performance standards specified in their respective conditions of approval. Projects for which the City has issued a building permit prior to November 18, 2023 shall also be measured according to the performance standards specified in their respective conditions of approval, provided, however, that if such project requires one or more additional building permits one or more of which meet the applicability standards within subsection 10.52.040, the performance standards in this Chapter shall apply.

C. Affordable Housing. Multifamily residential projects in which one hundred percent (100%) of the dwelling units are designated as Affordable, Inclusionary, or Target Units per BMC Chapter 17.31.

D. Small residential projects. Any residential project consisting of either of the following:

1. Fewer than twenty (20) multiple-family dwelling units as defined as defined in Section 17.02.235 of Title 17; or

2. Fewer than ten (10) single-family dwellings as defined in as defined in Section 17.02.235 of Title 17; or

3. Fewer than seven (7) duplexes (i.e., fewer than fourteen duplex dwelling units) as defined in Section 17.02.230 of Title 17.

E. Accessory dwelling units and junior accessory dwelling units. Accessory dwelling units and junior accessory dwelling units, as defined in Section 17.02.235 of Title 17.

ATTACHMENT
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6 2.6 Project Tier Requirements (10.52.060)
A. Tiers of Compliance. All projects subject to the requirements of this chapter shall incorporate trip reduction measures, prescribed under Section 2.7 (10.52.070), based on the following three tiers. Mixeduse projects are subject to the highest applicable tier for any single project component:

1. Tier 1. The following projects shall implement all Tier 1 TDM measures, submit an initial selfcertification report, and an annual self-certification report thereafter for the first six (6) years after occupancy:
a. All nonresidential projects that do not meet the criteria for Tier 2 or Tier 3; and b. Residential projects not exempted under Section 2.5 (10.52.050) of this Title.

3. Tier 3. The following projects shall implement all Tier 1, 2, and 3 TDM measures, submit an initial self-certification report, and annually monitor progress towards a target mode share of fifty-two percent (52%) of employees commuting via driving-alone and annually submit a selfcertification report thereafter detailing the findings of yearly surveys and driveway counts in perpetuity:
a. Office and R&D projects with greater than fifty thousand (50,000) square feet of gross building square footage.

2.7 Trip Reduction Measures (10.52.070)
A. All projects subject to the requirements of this chapter shall implement all the required measures per the applicable tier of compliance prescribed in this section and/or contained within the City of document or successor TDM document.

1. Tier 1 Measures:
a. Designate a dedicated TDM Coordinator to serve as point person of the project and engage in regular marketing activities, including sharing information on transportation alternatives;

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7 b. Participate in Commute.org trip reduction programs; c. Provide bicycle and pedestrian-oriented site access; d. Provide bicycle parking per city code;
e.
frontage as requested by the City; and
f. Complete an annual self-certification report for a designated time period as required by Section 2.6 (10.52.060) of this Title.

2. Tier 2 Measures All Tier 1 measures plus all of the following:
g.
or successor organization designated by the City, at a level to be specified by Commute.org (or
and proximity to shuttle service; and
h. Provide pre-tax commuter benefits to employees.
i. Conduct annual employee mode share surveys for informational purposes.

3. Tier 3 Measures All Tier 1 and Tier 2 Measures plus all of the following:
j. Encourage telecommuting and flexible work schedules; k. Right-size parking supply within City required maximums per Chapter 17.34; l. If located within the SP-SCRO Zoning District, provide a fair share financial contribution toward a Commute.org shuttle service (or successor organization designated by the City) proposed to achieve a peak period frequency of 15 minutes or better to BART and Caltrain;
m. Provide a subsidized carpool and vanpool program;
n. Provide parking cash-out or implement paid parking on-site; o. Provide transit subsidy benefits up to the IRS maximum amount; p. Provide access to end-of-trip bicycle facilities including showers, lockers, and a bicycle repair station on-site, or within 100 yards of the site; and q. Conduct annual employee mode share surveys and driveway counts to monitor progress towards a fifty-two percent (52%) drive alone mode share goal.

2.8 Submittal Requirements & Approvals Process (10.52.080) A. Submittal Requirement. The following TDM documentation shall be submitted with any discretionary planning permit application and/or building permit application:

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8 1. TDM Checklist (all Tiers);

2. (Tier 3 projects only) TDM plan, including:
a.
the requirements identified in Section 2.7 (10.52.070); b. An annotated site plan that designates trip reduction design elements; and c. Property owner certification that the required measures will be implemented and maintained per Section 2.6 (10.52.060) and monitored per Section 2.9 (10.52.090).

4. Additional documentation not listed above may be required at the discretion of the City.

2.9 Monitoring & Enforcement (10.52.090)
All projects are subject to the following monitoring and enforcement process:

1. Tier 2 and Tier 3 Projects. Annual Compliance Reports shall include results from surveys and driveway counts pursuant to subsection Section 10.52.060.A.2.

C. Penalty for Noncompliance. The violation of any provision of this chapter is unlawful, hereby declared to be a public nuisance, and shall be subject to the following:

2. All projects. Failure to implement and maintain trip reduction measures prescribed under Section

2.7 (10.52.070) shall be punishable as set forth in Chapters 1.14, 1.16, and 1.18 of this Code.

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9 3. Tier 3 Projects. Failure to implement and maintain trip reduction measures prescribed under Section 2.7 (10.52.070) and/or if the target mode share is not being achieved shall result in the following penalties
a. First Violation. The City will direct the participant to modify its TDM program to achieve compliance.
b. Second Violation. The City will direct the participant to coordinate with Commute.org, or successor agency, or retain an independent consultant to identify additional program modifications to achieve compliance.
c. Third Violation. The City shall assess a fine per a City Council approved resolution. Fines shall be assessed for each additional violation in subsequent years.

D. Appeals. Any person receiving a notice of violation or correction issued under this chapter may file a notice of appeal with the city clerk within ten (10) days after receipt of the notice to challenge the determination that a violation occurred, that corrective action is necessary, or in the case of a fine imposed on the owner of a Tier 3 project, the amount of the fine.

3. The decision of the city manager, or designee, shall be final.

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10 Appendix A: TDM Ordinance
Implementation

3.1 Consistency with C/CAG Guidelines
The TDM Ordinance builds upon C/CAG while tailoring requirements to the City of Brisbane.
-occupancy vehicle (SOV) trip reduction of 25 percent
for transit-oriented development and small residential projects and 35 percent for all other land use types. By achieving a SOV mode share of 73 percent (small projects) or 67 percent (large projects), traffic may be sufficiently addressed and consistent with the Congestion Management Program (CMP).2 This section describes the Table A summarizes the similarities and differences between C/CAG and proposed City requirements. Office/R&D projects, which comprise the primary generator of peak period commute trips and vehicle miles traveled in the City, would achieve a higher non-auto
recommendations (52 percent drive alone, compared to 67 percent to 73 percent under C/CAG)3. Tier 3 Office/R&D projects would also be subject to more frequent surveys, vehicle counts, and enforcement. 2 The C/CAG CMP program and the Brisbane TDM Strategy use two different methods of accounting for percentage reductions.

Under the C/CAG CMP, reductions are taken from a presumed 100% drive alone mode share checklist of trip reduction percentage, while reductions in Brisbane are based on actual rates of driving within the City.

Comparisons between the two programs should focus on the target drive alone mode share rates. 3 As discussed in the Monitoring & Enforcement section, drive alone trips would also include trips by motorcycle, dropped off by a friend/family member, dropped off by Uber, Lyft, taxi, etc., or non-responses

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11 Table A: C/CAG vs. City of Brisbane Performance & Monitoring for Nonresidential Uses Sample Land
Use
(Tier)
C/CAG City of Brisbane
Drive
Alone
Mode
Share
Monitoring Enforcement Drive
Alone
Mode
Share
Monitoring Enforcement
Office/R&D and
any other
developments
with significant
impacts to VMT
(Tier 3)
67%-
73%
Biennial/
triennial
surveys for
first 18 years
Voluntary
Revisions to TDM
Program
52% Annual
surveys and
counts for
lifespan of
project
Fines for Failing to
Submit Required
Monitoring and Annual
Reports
Mandatory revisions to
TDM Program if goal
not achieved
Fines for failing to
achieve performance
target of 52% drivealone mode share for
three years
Other
employment
uses with lessthan-significant
impacts to VMT
(Tier 2)
67%-
73%
Biennial/
triennial
surveys for
first 18 years
Voluntary
Revisions to TDM
Program
52% Annual
surveys for
the first 20
years
Fines for Failing to
Submit Required
Monitoring and Annual
Reports
Other nonresidential uses
(e.g., retail and
hotel) with lessthan-significant
impacts to VMT
(Tier 1 & 2)
67% -
73%
Biennial/
triennial
surveys for
first 18 years
Voluntary
Revisions to TDM
Program
52% None
(Projects
may be
subject to
C/CAG
monitoring)
Voluntary Revisions to
TDM Programs Tier 1 and 2 nonresidential uses, such as retail or hotel developments, would be subject to the same performance by the City unless found
to have a significant impact to VMT during environmental review. The City arrived at this recommendation due to the role of such land uses in reducing vehicle miles traveled and supporting multimodal travel behavior in Brisbane:

In its Technical Advisory on Evaluating Transportation Impacts in CEQA f land use projects, residential, office, and retail projects tend to have the greatest influence on VMT ocal-serving retail development tends to shorten trips and reduce VMT 4
Data from the California Household Travel Survey suggests that for Brisbane residents, only about 39 percent of all trips by residents occur via driving alone, which suggests that most retail and service land 4 Technical Advisory on Evaluating Transportation Impacts in CEQA, State of California Office of Planning & Research, 2018 https://opr.ca.gov/docs/20180416-743_Technical_Advisory_4.16.18.pdf

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12 (33 percent of trips occur via
carpooling, 25 percent via walking, two percent via transit, and two percent via biking and other modes).

The major geographic barriers that separate the City from neighboring communities suggest that increasing the amount of local-serving retail, hotel, and other commercial and service uses would result in fewer and shorter vehicle trips and lower VMT than if included elsewhere.

For these reasons, not subject Tier 1 and Tier 2 local-serving nonresidential uses to annual surveys, or potential enforcement, and instead focus limited staff resources on more stringent enforcement of Tier 2 and Tier 3 employment land uses.

Tier 1 residential
recommendations. Existing data from the California Household Travel Survey suggests that residential land uses have a lower drive alone mode share than (Table B). The City would require an annual self-certification instead of biennial for the first six years after occupancy.

Table B: Residential Performance Targets (Tier 1)
Criteria C/CAG Brisbane
Recommendations Existing Proposed Targets
Vehicle Trip Reduction -25% (TOD)
-35% (Other)
N/A Same as C/CAG
Drive Alone Mode Share
(All Trips)
67%-73% 38% (All Trips)1Same as C/CAG
Monitoring Approach Biennial self-certification
for first six years
N/A Annual self-certification
form for the first six
years
Sources: 1California Household Travel Survey, 2012

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13 3.2 List of TDM Measures
The following measures shall be required for each project tier, unless subject to specific exemptions:

Table C: Required TDM Measures by Project Tier
TDM Measure Tiers
Required Description
A. Designated TDM
Coordinator 1, 2, 3
Provide a TDM coordinator or contact person
email, and phone number with the City. This individual may either be an employee of the property manager/employer, or may be a contracted through a third-party provider. The implementation to the City of Brisbane. Tenants shall be obligated (via lease language) to provide a main point of contact for the Designated TDM Coordinator.

B. Participation in
Commute.org
and/or
Transportation
Management
Association
1, 2, 3
Sites shall partner with Commute.org (or a successor transportation management association with comparable TDM services), whose role is to coordinate transportationrelated programs and services in specific geographic areas.

For non-residential projects, there are four components an applicant must fulfill to satisfactorily implement this measure:

1. Obtain and maintain certification of participation with Commute.org under their Certified Development Program, or equivalent successor program.

2. Provide commute assistance and ride-matching program

3. Provide Guaranteed Ride Home

4. Supply orientation, education, and promotional programs and/or materials for tenants C. Bicycle and
PedestrianOriented Site
Access
1, 2, 3
Design project frontage, driveways, and any internal streets or pathways to provide travel choices and give people the option to avoid traffic congestion, increasing the overall capacity of the transportation network. Street designs shall enable safe access for all users of all ages and abilities. Improving pedestrian and cyclist safety and comfort can increase the use of active transportation for residents or employees of a project site. Examples of this access may include non-motorized pathways internal to the project, orienting the site access barriers along paths of bicycle and pedestrian travel such as driveways, surface parking lots, loading docks, unmarked crosswalks, and meandering sidewalks.

D. Bicycle Parking 1, 2, 3 Provide safe and convenient bicycle parking as required by Section 17.34.070.

E. Bicycle,
Pedestrian, and
Transit
Infrastructure
Upgrades
1, 2, 3
Project shall provide offsite upgrades to pedestrian, bicycle, and/or transit infrastructure along its public frontage upon City request to achieve
Circulation Element, other City plans, design guidelines, and/or best practices.

F. TDM Monitoring
Checklist 1, 2, 3
Project shall complete an annual TDM program self-certification form. Tier 1 residential projects shall complete the form annually for the first six years (Tier 1 and Tier 2 local serving, non-residential projects (hotel and retail) are exempt from annual reporting but must still file an initial self-certification). Tier 2 projects (employment uses, i.e., other than retail) shall complete the form annually for the first 20 years. Tier 3 projects shall complete

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14 TDM Measure Tiers
Required Description
G. Shuttle
Participation 2, 3 Participate in funding consortium for Commute.org shuttle service based on fee structures reflecting project size and proximity to shuttle service, as developed by Commute.org.

H. Pre-Tax
Commuter Benefits 2, 3
Offer pre-tax commuter benefits available to all employees, allowing withholding of pay on a pre-tax basis to fund transit costs. This may be in the form of cash value on a Clipper card, Caltrans passes, Samtrans passes, or any other eligible public transit network.

I. Annual Employee
Mode Share Survey 2, 3 Conduct annual employee mode share surveys.

J. Encourage
Telecommuting &
Flexible Work
Schedules
3 Encourage employees to work remotely at least one day per week to reduce overall vehicle trips. When employees commute to work, encourage flexible work schedules that encourage travel outside of peak hours.

K. Right-Size
Parking Supply 3 Total project parking supply must not exceed City parking maximums (if applicable).

L. Shuttle
Commitment (Sierra
Point Only)
3 If located in Sierra Point Subarea, provide a fair share financial contribution toward a Commute.org shuttle proposed to achieve 15-minute frequencies for BART and Caltrain service during peak periods (approximately six hours per day from 7:00 AM to 10:00 AM and 4:00 PM to 7:00 PM). Contribution may be shared with other participants but must be sufficient to achieve service goal upon reaching 50 percent of building occupancy.

M. Carpool/
Vanpool Programs
and Parking
3 Carpooling and vanpooling are types of ridesharing that seek to allow vehicles to carry additional passengers when making a trip, with minimal additional mileage. Carpooling generally uses participants' own automobiles. Vanpooling generally uses leased vans (often supplied by employers, non-profit organizations, car rental businesses, or government agencies). Carpool and vanpool programs shall include subsidies or other monetary incentives from employers (e.g., gas card after carpooling for a given amount of time, or parking subsidies for carpools), as well as ride-matching services to help facilitate these shared trips.

N. Paid Parking or
Parking Cash-out 3
Motorists pay directly for using parking facilities (paid parking), or employers offer cash equivalents to the cost of leasing a parking space to employees who do not receive a parking permit (parking cash-out).

For paid parking, parking rates shall be at the market rate (minimum $5 per day) and not subsidized by property owners or employers. Paid parking can result in more efficient use of parking facilities, address specific parking problems, ensure that parking is available for intended users, and reduce total parking requirements.

If an employer provides free parking as a benefit to employees, they can instead offer - employee. If the employer leases parking, the cash-out amount shall be equivalent to the cost per space for the employer to lease parking for employees. If the employer owns and manages its own parking facilities, the cash-out value shall be determined based on market rate parking at nearby locations.

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15 TDM Measure Tiers
Required Description
O. Transit Pass
Subsidies 3
Offer public transit passes or subsidies equivalent to the IRS monthly commuter benefit maximum ($280/month in 2022) to incentivize transit use. This may be implemented through either a direct voucher program provided by the property manager, or through lease terms obligating employers at the site to provide said subsidies.

NOTE: Funding contributions towards and/or participation in Commute.org shuttle program does not count for this measure. Passes/subsidies provided must be valid for public transportation options, including but not limited to: BART, Caltrain, SamTrans, ferry, and vanpool subscription (or costs). Subsidies shall be administered through a pre-tax transit benefit program, allowing employees to fully fund their transit use with pre-tax dollars if they opt to. In the Bay Area, the Bay Area Air Quality Management District (BAAQMD) requires that employers with 50+ employees within the Air District provide commuter benefits and annual employer registration.

P. End-of-Trip
Bicycle Facilities 3
In addition to required bicycle parking pursuant to Section 17.34.070, office, industrial, warehouse, and research & development projects shall offer showers, changing rooms, and lockers. These amenities serve as end of trip facilities for employees arriving by bike or other active transportation forms. Providing employees with a place to shower, change and store clothes can encourage bicycle commuting. Such facilities may be incorporated into a gym or wellness center for broader employee use.

These projects shall also offer a bicycle repair station including a toolkit and air pump within a designated secure area of a building to encourage bicycling and support employees and residents. Tools and supplies can include those necessary for fixing a flat tire, adjusting a chain, and performing other basic bicycle maintenance. Maintenance services can also be offered to each resident or employee at least once annually, covering basic services such as a tune-up and inspection at a local bicycle shop.

Q. Enhanced
Monitoring: Survey
& Counts
3 Project shall conduct an annual survey of employees to determine rates of automobile use. The City shall identify standard survey requirements for participants in the program and prescribe eligible weeks in which mode share surveys may occur. Generally, surveys should occur during a week in September or October when there holiday. The The Project will also engage a qualified consultant to conduct annual driveway counts at all project driveways and report total daily vehicle trips, AM peak hour vehicle trips, and PM peak hour vehicle trips.

3.3 TDM Checklists and Plans
The primary mechanism by which the City reviews compliance with the TDM Ordinance is through submittal of a completed TDM Checklist as part of a letter of compliance included in the application package. The checklists are intended to indicate the types of TDM measures that will be put in place at a given project, while the letter should include a commitment to provide required measures, specify selection of optional measures, and detail how the measures will be implemented or how measures may differ from the standard definition.

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16 For Tier 1 and Tier 2 projects, submittal of a completed checklist and letter of compliance will be considered sufficient in most cases. Tier 3 projects should prepare and submit a brief TDM plan. Recommended contents of a TDM Plan for Tier 3 projects include:

Summary of existing transit, bicycle, and pedestrian conditions near the project site Identification of the nearest shuttle stop or other transit facilities, and documentation of the proposed shuttle operator (if applicable)
Identification of proposed offsite improvements and description of how these improvements would support mode shift (if applicable)
Identification of the proposed TDM coordinator, or description of how the TDM coordinator role will be fulfilled

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17 TRIP REDUCTION MEASURES CHECKLIST
All projects subject to the requirements of this chapter shall implement all the required measures per the applicable tier Management Strategy document or successor TDM document. Additional measures not listed in this section may be §10.52.070)
October 2023

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18 3.4 Tenant Concurrence Letter
implementation relies on tenants. A tenant would be required to prepare a concurrence letter prior to the approval of a permit for tenant improvements summarizing how it will implement applicable TDM measures in coordination with the property owner/manager. The concurrence letter should include a contact person for the employer, who shall assume responsibility for implementing the relevant programs (if different from the TDM coordinator). The City shall receive and review this letter to confirm the implementation of the proposed TDM program.

3.5 Monitoring

3.5.1 Annual Compliance Report
All projects will be monitored through submittal of an annual compliance report that documents the implementation of required TDM measures. Tier 1 projects must submit this report annually for the first six years after occupancy; Tier 2 projects must submit this report annually for the first 20 years after occupancy; and Tier 3 projects must submit this report annually for the lifespan of the project. Tier 1 and Tier 2 local-serving, nonresidential projects, while required to submit an initial compliance report, are exempt from submitting annual compliance reports

3.5.2 Survey & Count Methods
In addition to filing a compliance report
goals, and share results from driveway counts and an annual mode share survey.

Participants have two options in administering a mode share survey:

1. Administer a statistically valid survey to achieve a 90 percent confidence level with a three percent margin of error for the survey population. Documentation of the survey methods and calculations would be provided by an independent consultant.

2. Administer a general survey with a minimum response rate of 75 percent of the employee population.

Sample surveys are available from the City, and an example is included in section 4.5.3 below.

In addition to surveys, Tier 3 projects must also conduct driveway counts of vehicle trips once per year. Counts may be conducted using either tube or video counts, and should cover the AM and PM peak periods for one week. The weekday average will then be
In all instances, participants in the program must provide raw data to the City as part of their compliance package, including:

1. Respondent-level survey response data (anonymized)

2. Trip count data as delivered by the contractor providing the counts for each location, with data separated into 15-minute increments or smaller.

3. Current employee population and building gross square footage

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19 Survey results should be provided to the City in a standardized format as specified by staff. Formatted reports are optional but not required.

3.5.3 Standardized Survey Language
The following standardized survey language is recommended for conducting all mode share surveys. The City Previously approved projects would also use this standardized survey language.

1. Which of the following best represents your employment at [location]? (check one) o Full-time Employee
o Part-time Employee
o Contract Employee

2. In what ZIP code is your home located? (enter 5-digit ZIP code; for example, 94901) ___[Fill in the blank]_______
o Prefer Not to Answer
o If prefer not to answer: Approximately how many miles is it from your home to your office in Brisbane?

3. In the past week, what time did you usually arrive to work (check one)? ____[Drop down in increments of 30 minutes, from 6 AM 10AM, before 6AM, or after 10AM]_____

4. In the past week, what time did you usually leave work (check one)? ____[Drop down in increments of 30 minutes, from 3 PM 7PM, before 3PM, or after 7PM]_______

5. In the past week, on which days did you use each of the following transportation modes to travel to work? If you used more than one mode, (e.g. you take Caltrain and then bicycle), identify the mode that was the longest part of your trip.

Transportation Mode Monday Tuesday Wednesday Thursday Friday Drove a car or
motorcycle alone
Rode as a carpool
passenger

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20 6. [Only ask if respondent answered transit] Which of the following services did you use last week? (Check all that apply)
Caltrain
BART
SamTrans
Ferry
Shuttle (such as to/from BART, Caltrain, or ferry)
Express bus (point-to-point service from near my home)

7. [Only ask if respondent answered carpool or vanpool] If you travel by carpool or vanpool, how many total people traveled with you to work (not including yourself)? ___[Fill in the blank with number]_______

8. [Only ask if respondent answered drive alone] What is the primary reason you choose to drive alone?
___[Fill in the blank]_______
Drove a carpool with
one or more other
adults
Vanpooled or Carpooled
with 6 or more people
Rode a bus, train, ferry,
or other public transit
Rode a Bicycle or
Scooter
Walked all the way
Dropped off by a
friend/family member
Dropped off by Uber,
Lyft, taxi, etc.

Worked from home /
telecommuted / worked
offsite
Did not work this day
Other (please specify)

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21 Note: In addition to required survey questions, individual site surveys may add their own questions tailored to their respective TDM programs regarding awareness of services and reason for mode choice, but these questions are not required.

3.5.4 Analysis of Results
To calculate drive alone mode share, City staff would sum the total number of trips completed via the following modes:

Drove a car alone
Dropped off by a friend/family member (excluding carpools) Dropped off by Uber, Lyft, taxi, etc.

Non-responses required to achieve required response rate If the sum of these commute modes exceeds the mode share target (52 percent), the project would be in compliance with its target.

For Tier 3 projects, driveway counts will be used as a secondary source of monitoring information. Count volumes would be compared to the peak-period, peaktransportation analysis or EIR.

3.5.5 Enforcement Fines
The City should administer fines for non-compliance via code enforcement. Fines should be used to fund the operation of transportation services in Brisbane that improve mobility for residents in need, reduce vehicle trips, and reduce VMT. Previously approved projects would be held to the same standard for noncompliance.

All projects fines, penalties, and enforcement provisions set forth in Chapters 1.14, 1.16, and 1.18 of the BMC for failure to either submit an annual compliance report or submission of an incomplete report or to implement and maintain trip reduction measures required under the Ordinance. For offenses committed by larger, Tier 3 projects, each participant should be allotted two violations, with opportunity to correct, before triggering their first fine. Fines should then be administered for each subsequent year of noncompliance after the third violation.

While the fine amount for these larger, Tier 3 projects is yet to be determined and may change year to year, for illustrative purposes, four fine levels were evaluated, to be assessed at a rate dependent on the size of the employer: $50 per employee, $100 per employee, $150 per employee, and $200 per employee. The basis for these $75 to $150 per employee to fund transportation services. For a 400,000 square foot life science campus with 1,000 employees, a $50 per employee rate would equate to a fine of $50,000 per year, while a $200 rate would equate to a fine of $200,000 per year.

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22 3.6 Zoning Code Updates

3.6.1 Auto Parking Requirements for Office/R&D Uses
Aligning parking requirements with TDM performance targets would assist the City in realizing VMT reductions and mode shifts. As illustrated in Table D
space per 300 square feet) provides enough parking for nearly every employee to drive. Moreover, for life science uses that typically have one employee for every 350 to 450 square feet, parking supply exceeds employee population.

Table D highlights the recommended parking maximums to align with TDM ordinance requirements. Parking maximums may be set slightly above the required drive alone mode share target to provide some flexibility in accommodating carpools, vanpools, visitors, and parking turnover. The City may also consider allowing additional designated visitor or carpool/vanpool parking.

Table D: Implied Auto Mode Share & Recommended Parking Maximums Parking Spaces per 1,000 Square
Feet
Office Life Science Office/Lab Mix Lab
1 Employee per 250
SF
1 Employee per 350
SF
1 Employee per 450
SF
1 Employee per 550
SF
1 25% 35% 45% 55%

1.25 31% 44% 56% 69%

1.5 38% 53% 68% 83%

1.75 44% 61% 79% 96%
2 50% 70% 90% 100%

2.25 56% 79% 100% 100%

2.5 63% 88% 100% 100%

2.75 69% 96% 100% 100%

3.33 (Current Standard) 83% 100% 100% 100%
Notes: Highlighting indicates the estimated parking supply necessary to accommodate a 55 to 60 percent of employees driving to work based on employee densities associated with typical land uses. For example, a typical office project should target a maximum of two spaces per 1,000 square feet, while a life science project should target 1.25 to 1.5 spaces per 1,000 square feet. The City should exercise caution in referencing these calculations for office and tech office uses, as such employees are more likely to work remotely.

The City may consider allowing a higher rate of parking as a conditional use permit if a project expects to serve a land use: for example, a project proposed for office use should reflect the designated office maximum; if the applicant wishes to retain flexibility for either office or life science use, then two site plan alternatives should be prepared in alignment with the office and life science parking maximums.

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23 Given the uncertainty of remote work trends emerging from the COVID-19 pandemic, the City should periodically monitor how onsite employee populations may change over time and reassess whether these maximums remain appropriate for such land uses.

3.6.2 Bicycle Parking Requirements for Residential and Other Uses Currently, Brisbane does not require residential projects to provide bicycle parking. As more multi-family housing is constructed, the City may wish to update its bicycle parking requirements to include minimum long-term bicycle parking facilities (secure shared facilities or lockers) for multifamily developments where units do not have dedicated private garages. The bicycle parking requirements in the Baylands Specific Plan (Table E) provides a good example of what may be adopted for multi-family residential and other uses. Providing bicycle parking in multifamily projects can help enhance the viability of bicycle use within the City.

Table E: Proposed Baylands Specific Plan Bicycle Parking Requirements Use
Bicycle Parking Requirements
Long Term Short Term
Retail 1 per 12,000 square feet 1 per 4,000 square feet Parks and Open Space N/A 6 per acre
Multifamily Residential 1 per 2 units 1 per 10 units
Office 1 per 4,000 square feet 1 per 40,000 square feet

3.7 Potential Citywide Impact Fee

3.7.1 Transportation Impact Fee
transportation impact fee. Transportation impact fees standardize the contributions of developments for potential infrastructure improvements to help ensure that developments are paying their fair share. A nexus study is required to set an impact fee in relation to capital improvement needs. Impact fees may be enacted with council approval and do not require voter approval like some other funding mechanisms, such as headcount taxes, parcel taxes, business improvement districts, or community facilities districts.

As illustrated in Figure 1, most cities in San Mateo County have transportation impact fees for office/R&D projects.

Fees vary from $2 to $29 per square foot, equivalent to $2 million to $29 million for a one million square foot development. The highest fees in the county occur in South San Francisco, which covers the southern portion of Sierra Point and shares similarities in its growing life science market and evolving transportation conditions.

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24 Figure 1: Impact Fee Comparison, 2022 ($ per Square Foot) Note: Two cities not shown have per-trip fees (San Carlos & East Palo Alto), while Daly City has no fee. $-
$5.00
$10.00
$15.00
$20.00
$25.00
$30.00
South San
Francisco
Burlingame Menlo Park San Bruno Belmont San Mateo Millbrae Redwood City

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Brisbane City CouncilOctober 5, 2023

Brisbane City Council
October 5, 2023