Agenda packet, first session — Brisbane City Council, November 16, 2023 (part 1 of 2)

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CITYof BRISBANE
Thursday, November 16, 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.

City Council Meeting Agenda
1 November 16, 2023 - 2 - 7:30 PM

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

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

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

ADOPTION OF AGENDA
ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
B. Approve Minutes of City Council Meeting of November 2, 2023 C. Approve Minutes of City Council Closed Session Meeting of November 2, 2023 D. Approve Lyrical Opposition’s “Re-Entrification" Documentary Screening as a Cosponsored Event
E. Award the Contract for the Public Art Master Plan to NINE dot ARTS, in the Amount of $75,000
(The cost of NINE dot ARTS master planning services for this project is $75,000 and will be paid for using the Public Art Fund (Fund 275). The Public Art Advisory Committee is also recommending a 20% contingency (or $15,000) to draw from as needed to support master planning efforts.)
F. Adopt a Resolution to Amend a Project List for Fiscal Year 2023-23 Funded by SB 1: The Road Repair and Accountability Act of 2017
(The pavement projects listed in the proposed Resolution are categorically exempt from CEQA per CCR Title 14 §15302. The following amended list of the proposed projects will be funded in2 November 16, 2023 - 3 - 7:30 PM
part or solely with $104,377 of Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues.)

OLD BUSINESS
G. Consider Adoption of a Resolution to Adopt an Affordable Housing Strategic Plan (The Affordable Housing Strategic Plan (AHSP) is a framework that establishes options guiding the City’s investments in preserving existing affordable housing, preventing the displacement of low-income Brisbane residents, and developing new affordable housing.)

NEW BUSINESS
H. Consider Introduction of the Dark Sky Ordinance, waiving first reading, adding Chapter

15.88 Outdoor Lighting Standards to the Brisbane Municipal Code (This Ordinance is exempt from further environmental review under the California Environmental Quality Act (CEQA) because it is not a project (CEQA Guidelines, §15378 (b) (2)). As proposed, the ordinance will result in required changes to streetlights and other public facilities within fifteen (15) years of the effective date, with an estimated cost upwards of $1M. Additional implementation costs may include equipment and training for police officers. Staff proposes to create a program to systematically make updates over time.)

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

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

ADJOURNMENT
3 File Attachments for Item:

B. Approve Minutes of City Council Meeting of November 2, 2023 4 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING AGENDA
THURSDAY, NOVEMBER 2, 2023
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Davis called the meeting to order at 7:42 P.M. and led the Pledge of Allegiance.

ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
No Councilmembers made 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, City Attorney McMorrow, Assistant to the City Manager Cheung, Parks and Recreation Director Leek, Parks and Recreation Supervisor Houghton, Human Resources Director Partin, Police Chief Macias and Management Analyst Ibarra

REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Council made no decision and staff was given direction on the Real Property Negotiation Item.

ADOPTION OF AGENDA
Councilmember O’Connell made a motion, seconded by Councilmember Lentz, to adopt the agenda as it stands. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
5 B.

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AWARDS & PRESENTATION
B. Proclaim November as National Native American Heritage Month Mayor Davis proclaimed that the City recognizes November 2023 as National Native American Heritage Month by celebrating the rich ancestry and traditions of Native Americans and Indigenous peoples.

C. Proclaim November 12-18, 2023 as United Against Hate Week Mayor Davis proclaimed November 12-18, 2023 as “United Against Hate Week in Brisbane” and urged our community to come together to condemn acts of hate toward all persons and to reaffirm our commitment to building an inclusive and equitable community for all.

Mangesh Kolhatkar, vice chair of the Inclusion, Diversity, Equity and Accountability (IDEA) Committee, accepted both proclamations and invited the public and the City Council to attend upcoming events coordinated by the IDEA Committee for United Against Hate Week and Diwali, the festival of lights originating from India.

ORAL COMMUNICATIONS NO. 1
Linda Salmon commented that she is not in favor of selling the public property discussed at the Closed Session Meeting.

CONSENT CALENDAR
D. Approve Minutes of City Council Meeting of October 19, 2023 E. Approve Minutes of City Council Closed Session Meeting of October 19, 2023 F. Approve Minutes of City Council Special Meeting of October 19, 2023 G. Accept Investment Reports as of September 2023
Councilmember Mackin suggested two amendments to the Consent Calendar Item D minutes from the City Council Meeting of October 19, 2023. The amendments were:

On page 8, #2 would be replaced by “Can STR permit holders provide an accounting of their rentals with TOT payment? What is the source of their TOT payments?”

On page 7 under Item E., #4. Would be replaced by: "At the September 7 meeting, a DIF for Capital Facilities was suggested for consideration as a potential way to address major renovations of buildings such as City Hall, a new fire station, etc."
Councilmember O’Connell made a motion, seconded by Councilmember Cunningham, to approve Consent Calendar Items D, as amended by Councilmember Mackin, E, F, and G. The motion was carried unanimously by 6 B.

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all present.

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

Absent: None
Abstain: None

NEW BUSINESS
H. Consider Adopting a Resolution Certifying the Appointment of Clayton Holstine as Interim City Manager in Compliance with the California Public Employees Retirement Law and Authorizing the Mayor to Sign an Employment Agreement with Mr. Holstine Humans Resources Director Partin reported that after twenty-five years of service to the City of Brisbane as the City’s City Manager, Clayton Holstine will retire on December 27, 2023. The City Council is actively recruiting for his replacement, but it is not likely that the Council will complete that recruitment and make an appointment for a new City Manager until sometime after Mr. Holstine’s retirement. The City Council has requested Mr. Holstine to continue to serve as City Manager on an interim basis until the City Council makes a permanent appointment; Mr. Holstine has agreed.

She added that it is being recommended to adopt a resolution certifying that the appointment of Clayton Holstine as Interim City Manager, effective January 2, 2024 and authorize the Mayor to sign an Employment Agreement with Mr. Holstine concerning the interim appointment.

After no Council questions, no public comment and no discussion, Councilmember Cunningham made a motion, seconded by Councilmember O’Connell, to adopt a Resolution Certifying the Appointment of Clayton Holstine as Interim City Manager in Compliance with the California Public Employees Retirement Law and Authorizing the Mayor to Sign an Employment Agreement with Mr. Holstine. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None

OLD BUSINESS
I. Consider Adoption of Resolution to Amend the Master Pay Schedule Human Resources Director Party reported that staff is presenting for adoption the master pay schedule to reflect the approved pay increases effective the first full pay period in January 2024. The summary of the updates to the master pay schedule are as follows:
• Confidential Management Employees: The classifications in this group will receive a 3% pay increase and the current filled positions in this group and their respective top step pay rates include: Finance Director at $108.95 per hour and Human Resources Director at $106.93. 7 B.

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• Executive Management: The classifications in this group will receive a 3% pay increase and the current filled positions in this group and their respective top step pay rates include: Assistant to the City Manager at $87.25 per hour, City Clerk at $70.59 per hour, Community Development Director at $110.11 per hour, Parks and Recreation Director at $104.99 per hour and Public Works Director/City Engineer at $128.90 per hour. • Police Chief: This classification will receive a 3% pay increase and the new pay rate will be $128.48 per hour at the top step.
• The following bargaining groups will also receive a 3% pay increase: Brisbane Fire Management, Confidential Employees, General Employees Association, International Association of Firefighters, Local 2400, MidManagement/Professional Employees, Police Commander, and Police Officers Association.

After no Council questions, no public comment and no discussion, Councilmember Mackin made a motion, seconded by Councilmember O’Connell, to adopt a resolution to amend the Master Pay 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
J. Receive Information and Consider Providing Direction on Playground Resurfacing Project Utilizing Per Capita Grant Funds from State Proposition 68
Parks and Recreation Director Leek provided an update on the Playground Resurfacing Project which utilizes per capita grant funds from State Proposition 68. She reported that the City recognized that a full replacement of the deteriorating rubber surfacing was necessary in order to mitigate risks that currently exist at the playground area and to keep it ADA (Americans with Disabilities Act) accessible.

After Council questions, the following members of the public made a comment:

June Heavner advocated to keep the sand play area but was also open to exploring a new location if needed.

Linda Salmon commented that sand play is important but the sand box should be located further away from the rubber surface.

Jennifer Bousquet commented that the City is trying to keep our kids safe with this project.

Sarah Mills supported the project and commented that this is both a safety and inclusion issue.

City Clerk Padilla noted for the record that Council received the following correspondences on this item:

Elizabeth Larson (11/2/23) Preservation of the Sand Playground at Community Park Elna Miller (11/2/23) In Support of Sand
Lyora Zadik (11/2/23) Sand
Michelle Woodruff (11/2/23) A comment for tonight's meeting regarding sand at the Community Park Playground
Khalia Harding (11/2/23) Brisbane Park playground changes Madeline Johnson (11/2/23) Comment for city council meeting playground discussion Haley Maureen Smith Henderson (11/2/23) Comment about Resurfacing Councilmember Mackin was concerned about the toxicity of the surface material and the injuries that the rubber surface creates such as rebound damages.
8 B.

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After further Council discussion, Linda Salmon commented that signage can be used to remind the public about the risks in the park and Sarah Mills commented she was also concerned about kids putting the current rubber flooring in their mouth.

Councilmember Lentz directed staff to clarify with the contractors whether the top surface could be made 1 inch vs. 0.5 inch, and Mayor Davis directed staff to provide regular maintenance of the new rubber surface and to utilize the warranty if needed. Mayor Davis added that the City can explore options for a new sand area in the future.

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

MAYOR/COUNCIL MATTERS
L. Countywide Assignments and Subcommittee Reports
Councilmembers reported on their countywide assignments and subcommittee meetings.

M. Written Communications
City Clerk Padilla stated that the following correspondence were received between 10/20/23-11/2/2023:
• Dana Dillworth (10/31/23) Closed Session - Consideration of the Sale of Rails-to-Trails Public Land Within Our Watershed Without Proper Authority
• Whitney Jones (11/1/23) Sangamo Therapeutics, Inc. CA WARN Act Notice to Brisbane City Council • Elizabeth Larson (11/2/23) Preservation of the Sand Playground at Community Park • Elna Miller (11/2/23) In Support of Sand
• Lyora Zadik (11/2/23) Sand
• Michelle Woodruff (11/2/23) A comment for tonight's meeting regarding sand at the Community Park Playground
• Khalia Harding (11/2/23) Brisbane Park playground changes • Madeline Johnson (11/2/23) Comment for city council meeting playground discussion • Haley Maureen Smith Henderson (11/2/23) Comment about Resurfacing ORAL COMMUNICATIONS NO. 2
Linda Salmon commented that she is concerned about the City potentially selling the public land discussed at Closed Session.

ADJOURNMENT
Mayor Davis adjourned the meeting at 9:30 P.M.
_______________________
Ingrid Padilla
City Clerk
9 B.

File Attachments for Item:

C. Approve Minutes of City Council Closed Session Meeting of November 2, 2023 10 BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, NOVEMBER 2, 2023
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,

BRISBANE, CA

7:00 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 7:01 P.M.

Councilmember O’Connell made a motion, seconded by Councilmember Cunningham 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
Michele Salmon spoke under Public Comment and commented that she is very opposed to selling the public property that will be discussed in the Real Property Negotiation.

City Clerk Padilla noted for the record that correspondence was received about Item D from Dana Dillworth noting that she objects to the consideration of the sale of our public land. .

D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR UNDER GOVERNMENT CODE SECTION 54956.8 PROPERTY: A portion of Lot 1, Block I, Tract 862, being approximately 29,000 square feet and located generally west of South Hill Drive
NEGOTIATOR: City Manager Clay Holstine
NEGOTIATING PARTIES: City of Brisbane, BLT Enterprises
UNDER NEGOTIATION: Terms of Payment
11 C.

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REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Council made no decision and staff was given direction on the Real Property Negotiation Item.

ADJOURNMENT
The meeting was adjourned at 7:35 P.M.
______________________
Ingrid Padilla, City Clerk
12 C.

File Attachments for Item:

D. Approve Lyrical Opposition’s “Re-Entrification" Documentary Screening as a Cosponsored Event
13 Application for event cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 11/16/2023
From: Jeff Franco, 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 Lyrical Opposition’s “Re-Entrification" documentary screening as a cosponsored event.

Background
Lyrical Opposition a is Non-profit 501(c)(3) organization established in 2020. Their mission is to foster lyrical arts that advances social justice and systemic change efforts by cultivating messages of hope that inspire and empower. They have provided multiple admission-free art events throughout Brisbane, bringing patronage to local establishments. They also hosted an admission-free festival and fundraiser highlighting local artists, filmmakers, and vendors.

Discussion
Lyrical Opposition’s Re-Entrification: Documentary Screening will be held at the Mission Blue Center on Saturday, January 20, 2024 from 6:00-8:00pm. Any funds raised at the event will benefit their nonprofit work. The event will include the documentary screening itself followed by an interactive Q&A panel.

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

Fiscal Impact
Lyrical Opposition 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 4 hours @
$350/hour = $1,400
(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
14 D.

Application for event cosponsorship Page 2 of 2
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 be
waived
Promotional and Marketing
Support Waived
Attachments

1. Cosponsorship application
Jeff Franco
Jeff Franco, Recreation Coordinator
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Clay Holstine, City Manager 15 D.
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ǀĞŶƚ >ŽĐĂƚŝŽŶ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ĞƐĐƌŝďĞ ǁŚĂƚ ĐĂŶ ďĞ ĞǆƉĞĐƚĞĚ Ăƚ ƚŚŝƐ ĞǀĞŶƚ͍ ;Ğǆ͘ WĞƌĨŽƌŵĂŶĐĞ͕ ŝŶŶĞƌ͕ ĐƚŝǀŝƚŝĞƐ͕ ĞƚĐ͘Ϳ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ tŝůů ƚŚĞƌĞ ďĞ ĂŶǇ ĨƵŶĚƌĂŝƐŝŶŐ Ăƚ ƚŚŝƐ ĞǀĞŶƚ͍ ͺͺͺͺͺͺ /Ĩ ǇĞƐ͕ ǁŚĂƚ ǁŝůů ƚŚĞ ĨƵŶĚƐ ƌĂŝƐĞĚ ďĞ ƵƐĞĚ ĨŽƌ͍ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ƌĞ ƚŚĞƌĞ ĂŶǇ ĂĚŵŝƐƐŝŽŶ ĨĞĞƐ ĨŽƌ ƚŚŝƐ ĞǀĞŶƚ͍ ͺͺͺͺͺͺ /Ĩ ǇĞƐ͕ ƉůĞĂƐĞ ůŝƐƚ ƚŚĞŵ ŚĞƌĞ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ /Ĩ ƚŚŝƐ ĞǀĞŶƚ ŝƐ EKd ŽƉĞŶ ƚŽ ƚŚĞ ŐĞŶĞƌĂů ƉƵďůŝĐ͕ ǁŚĂƚ ĂƌĞ ƚŚĞ ƌĞƐƚƌŝĐƚŝŽŶƐ ĨŽƌ ǁŚŽ ŵĂǇ ĂƚƚĞŶĚ͍ ;Ğǆ͘ ĂŐĞ͕ ŵĞŵďĞƌƐŚŝƉ͕ ƌĞƐŝĚĞŶĐǇ͕ ĞƚĐ͘Ϳ Ă͘ ƌŝƐďĂŶĞ EŽŶͲWƌŽĨŝƚ KƌŐĂŶŝǌĂƚŝŽŶ
ď͘ EŽŶͲƌĞƐŝĚĞŶƚ͕ EŽŶͲWƌŽĨŝƚ KƌŐĂŶŝǌĂƚŝŽŶ ;KƵƚƐŝĚĞ ŽĨ ƌŝƐďĂŶĞͿ Đ͘ ^ĐŚŽŽů ŝƐƚƌŝĐƚ͕ ^ĐŚŽŽů͕ Žƌ ^ĐŚŽŽů ĨĨŝůŝĂƚĞĚ 'ƌŽƵƉ ;Ğǆ͘ WdKͿ Ě͘ WƌŝǀĂƚĞ 'ƌŽƵƉ͕ ůƵď͕ Žƌ KƌŐĂŶŝǌĂƚŝŽŶ
tŚĂƚ ǇĞĂƌ ĚŝĚ ǇŽƵƌ ŽƌŐĂŶŝǌĂƚŝŽŶ ďĞŐŝŶ ƐĞƌǀŝŶŐ ƚŚĞ ƌŝƐďĂŶĞ ĐŽŵŵƵŶŝƚǇ͍ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ,Žǁ ŚĂƐ ǇŽƵƌ ŽƌŐĂŶŝǌĂƚŝŽŶ ĂĚĚĞĚ ǀĂůƵĞ ƚŽ ƚŚĞ ƌŝƐďĂŶĞ ĐŽŵŵƵŶŝƚǇ ŝŶ ƚŚĞ ƉĂƐƚ͍ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ EĂŵĞ ŽĨ ŽŶƚĂĐƚ WĞƌƐŽŶ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ WŚŽŶĞ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ

ŵĂŝů͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ EĂŵĞ ŽĨ KƌŐĂŶŝǌĂƚŝŽŶ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ KƌŐĂŶŝǌĂƚŝŽŶ tĞďƐŝƚĞ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ KƌŐĂŶŝǌĂƚŝŽŶ ĚĚƌĞƐƐ Žƌ W͘K͘ Žǆ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ WĂŐĞ ϭͬϮ
tŚĂƚ ŝƐ ǇŽƵƌ ŽƌŐĂŶŝǌĂƚŝŽŶ͛Ɛ ŵŝƐƐŝŽŶ ĂŶĚͬŽƌ ƉƵƌƉŽƐĞ͍

ǀĞŶƚ ĂƚĞ ;ŵŵͬĚĚͬǇǇͿ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ŝƌĐůĞ KE
ŽĨ ƚŚĞ ĨŽůůŽǁŝŶŐ ĚĞƐĐƌŝƉƚŝŽŶƐ ďĞůŽǁ ƚŚĂƚ ďĞƐƚ ĚĞƐĐƌŝďĞƐ ǇŽƵƌ ŽƌŐĂŶŝǌĂƚŝŽŶ͗

ǀĞŶƚ ^ƚĂƌƚ dŝŵĞ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ WŚŽŶĞ͗ ;ϰϭϱͿ ϱϬϴͲϮϭϰϬ ͮ
ŵĂŝů͗ ďƌŝƐďĂŶĞƌĞĐΛďƌŝƐďĂŶĞĐĂ͘ŽƌŐ ͮ KĨĨŝĐĞ͗ ϱϬ WĂƌŬ WůĂĐĞ͕ ƌŝƐďĂŶĞ͕ ϵϰϬϬϱ

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Ed
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WW>/Ed /E&KZDd/KE
;/Ĩ ǇŽƵ ĂƌĞ ƌĞƋƵĞƐƚŝŶŐ ŵƵůƚŝƉůĞ ĚĂǇƐ Θ ƚŝŵĞƐ͕ ƉůĞĂƐĞ ĂƚƚĂĐŚ ƚŚŽƐĞ ĚĞƚĂŝůƐ ŽŶ Ă ƐĞƉĂƌĂƚĞ ƐŚĞĞƚ ŽĨ ƉĂƉĞƌ͘Ϳ January 20, 2024
16 D.
dŽ ƌĞƋƵĞƐƚ ƉƌŽŵŽƚŝŽŶĂů ƐƵƉƉŽƌƚ͕ ƉůĞĂƐĞ ĐŝƌĐůĞ ƚŚĞ ƐƉĞĐŝĨŝĐ ĂƌĞĂƐ ǇŽƵ ǁŽƵůĚ ůŝŬĞ ƐƵƉƉŽƌƚ ǁŝƚŚ͘ ;WůĞĂƐĞ ŶŽƚĞ͗ ƉƌŽŵŽƚŝŽŶĂů ƐƵƉƉŽƌƚ ŝƐ ŶŽƚ ŐƵĂƌĂŶƚĞĞĚ͘ ŶǇ ŐƌĂƉŚŝĐƐ Žƌ ĐŽŶƚĞŶƚ ĨŽƌ ǇŽƵƌ ĞǀĞŶƚ ĂƌĞ ĞǆƉĞĐƚĞĚ ƚŽ ďĞ ƉƌŽǀŝĚĞĚ ďǇ ƚŚĞ ĂƉƉůŝĐĂŶƚ͘Ϳ /Ĩ ǇŽƵ ǁŽƵůĚ ůŝŬĞ ƚŽ ƌĞƋƵĞƐƚ ĂŶǇ ĞƋƵŝƉŵĞŶƚ ĨŽƌ ĂŶ ŽƵƚĚŽŽƌ ĞǀĞŶƚ͕ ƉůĞĂƐĞ ŝŶĐůƵĚĞ ƚŚŽƐĞ ĚĞƚĂŝůƐ ďĞůŽǁ͘ ;/Ĩ ǇŽƵƌ ĞǀĞŶƚ ŝƐ Ăƚ ŽŶĞ ŽĨ ŽƵƌ ŝŶĚŽŽƌ ĨĂĐŝůŝƚŝĞƐ͕ ǇŽƵ ŵǇ ŝŶĚŝĐĂƚĞ ǇŽƵƌ
ĞƋƵŝƉŵĞŶƚ ŶĞĞĚƐ ŽŶ ƚŚĞ ƌĞŶƚĂů ůĂǇŽƵƚ͘Ϳ ůƵĞƚŽŽƚŚ ^ƉĞĂŬĞƌ͍ ͺͺͺͺͺͺ ǁŝƚŚ DŝĐƌŽƉŚŽŶĞ͍ ͺͺͺͺͺͺ WƌŽũĞĐƚŽƌ Θ ^ĐƌĞĞŶ͍ ͺͺͺͺͺͺ
ΎdŚĞĂƚƌŝĐĂů >ŝŐŚƚŝŶŐ͍ ͺͺͺͺͺͺ ǁŝƚŚ Ύ>ŝŐŚƚŝŶŐ dĞĐŚŶŝĐŝĂŶ͍ ͺͺͺͺͺ ΎdŚĞĂƚĞƌ ZŝƐĞƌƐ͍ ͺͺͺͺͺͺ
tŝůů ƚŚŝƐ ĞǀĞŶƚ ƌĞƋƵŝƌĞ ĂŶǇ ƐƚƌĞĞƚ Žƌ ƉĂƌŬŝŶŐ ĐůŽƐƵƌĞƐ͍ ͺͺͺͺͺ /Ĩ ǇĞƐ͕ ǇŽƵ ŵƵƐƚ ŽďƚĂŝŶ Ă ƌŝƐďĂŶĞ ŶĐƌŽĂĐŚŵĞŶƚ WĞƌŵŝƚ
Ž ǇŽƵ ǁŝƐŚ ƚŽ ƵƐĞ ĂŵƉůŝĨŝĞĚ ƐŽƵŶĚ Ăƚ ƚŚŝƐ ĞǀĞŶƚ͍ ͺͺͺͺͺ /Ĩ ǇĞƐ͕ ǇŽƵ ŵƵƐƚ ƐƵďŵŝƚ ĂŶ ƌŝƐďĂŶĞ ŵƉůŝĨŝĞĚ ^ŽƵŶĚ WĞƌŵŝƚ ƉƉůŝĐĂƚŝŽŶ dŽ ƚŚĞ ĨƵůůĞƐƚ ĞǆƚĞŶƚ ĂůůŽǁĞĚ ďǇ ůĂǁ͕ / ĂŐƌĞĞ ƚŽ ŝŶĚĞŵŶŝĨǇ ĂŶĚ ĚĞĨĞŶĚ ƚŚĞ ŝƚǇ ŽĨ ƌŝƐďĂŶĞ͕ ŝƚƐ ĚŝƌĞĐƚŽƌƐ͕ ŽĨĨŝĐĞƌƐ͕ ĂŐĞŶƚƐ͕ ĞŵƉůŽǇĞĞƐ ĂŶĚ ǀŽůƵŶƚĞĞƌƐ ĂŶĚ ŚŽůĚ ƚŚĞŵ ŚĂƌŵůĞƐƐ ĨƌŽŵ ĂŶĚ ĂŐĂŝŶƐƚ ĂŶǇ ĂŶĚ Ăůů ůŽƐƐ͕ ůŝĂďŝůŝƚǇ͕ ĞǆƉĞŶƐĞ͕ ĐůĂŝŵƐ͕ ĐŽƐƚƐ͕ ƐƵŝƚƐ͕ ĂŶĚ ĚĂŵĂŐĞƐ͕ ŝŶĐůƵĚŝŶŐ ĂƚƚŽƌŶĞǇƐ͛ ĨĞĞƐ͕ ĂƌŝƐŝŶŐ ŽƵƚ ŽĨ ƚŚĞ ƵƐĞ Žƌ ŽĐĐƵƉĂŶĐǇ ĚĞƐĐƌŝďĞĚ ŝŶ ƚŚŝƐ ĂƉƉůŝĐĂƚŝŽŶ͘ / ĂŐƌĞĞ ƚŽ ǁĂŝǀĞ Ăůů ƌŝŐŚƚƐ ŽĨ ƐƵďƌŽŐĂƚŝŽŶ ĂŐĂŝŶƐƚ ƚŚĞ ŝƚǇ͕ ŝƚƐ ĞůĞĐƚĞĚ Žƌ ĂƉƉŽŝŶƚĞĚ ŽĨĨŝĐĞƌƐ͕ ŽĨĨŝĐŝĂůƐ͕ ĂŐĞŶƚƐ ĂŶĚ ĞŵƉůŽǇĞĞƐ ĨŽƌ ůŽƐƐĞƐ ƉĂŝĚ ƵŶĚĞƌ ƚŚĞ ƚĞƌŵƐ ŽĨ ĂŶǇ ƉŽůŝĐǇ ǁŚŝĐŚ ĂƌŝƐĞ ĨƌŽŵ ƚŚĞ ƵƐĞ Žƌ ŽĐĐƵƉĂŶĐǇ ĚĞƐĐƌŝďĞĚ ŝŶ ƚŚŝƐ ĂƉƉůŝĐĂƚŝŽŶ͘
YƵĂŶƚŝƚǇ͗ /ƚĞŵ͗
ͺͺͺͺͺͺͺͺͺͺͺͺ ϲĨƚ >ŽŶŐ ZĞĐƚĂŶŐůĞ dĂďůĞƐ
ͺͺͺͺͺͺͺͺͺͺͺͺ ŚĂŝƌƐ
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17 D.

File Attachments for Item:

E. Award the Contract for the Public Art Master Plan to NINE dot ARTS, in the Amount of $75,000
(The cost of NINE dot ARTS master planning services for this project is $75,000 and will be paid for using the Public Art Fund (Fund 275). The Public Art Advisory Committee is also recommending a 20% contingency (or $15,000) to draw from as needed to support master planning efforts.)
18 Award of Contract for Public Art Master Plan Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: November 16, 2023
From:Noreen Leek, Parks & Recreation Director
Subject: Award of Contract to NINE dot ARTS for Public Art Master Plan
Community Goal/Result
Community Building
Purpose
To increase citizens’ appreciation of art, improve quality of life, and to enhance Brisbane’s identity as a unique community within the greater Bay Area.

Recommendation
Award the contract for the public art master plan to NINE dot ARTS, in the amount of $75,000.

Background
As outlined in the City’s Art in Public Places Ordinance, public art has the power to energize our public spaces, arouse our thinking, and transform the places where we live, work, and play into more welcoming and beautiful environments that invite interaction. By its presence alone, public art can heighten our awareness, question our assumptions, transform a landscape, or express community values, and for these reasons it can have the power, over time, to transform a city's image. Public art helps define a community's identity and reveal its unique character.

On June 1, 2023, the City Council provided direction to staff to proceed with a Request for Proposals (RFP) to solicit prospective firms for the purpose of establishing a Public Art Master Plan. The master plan will provide long-term direction to the Public Art Advisory Committee and the City Council on the planning and processes necessary to further develop, administer and maintain a dynamic public art program in the City of Brisbane. The consultant will be responsible for developing policies and procedures, prioritizing City needs related to public art, and identifying types and locations of art throughout the City in order to establish a clear future for public art in the City of Brisbane. The Consultant will work collaboratively with the City’s Public Art Advisory Committee and City Staff to ensure broad public outreach and involvement to curate a vision for Brisbane’s public art. The master plan for public art in Brisbane will include integration of art in both existing and to be built public spaces.

Future opportunities for art are anticipated in areas such as the Crocker Trail, Sierra Point, and the Baylands.

Discussion
The Public Art Advisory Committee met to review the five responses to the RFP and elected to conduct interviews with three short-listed firms to inform their decision-making process. On October 30, 2023, the Public Art Advisory Committee interviewed NINE dot Arts, Designing Local, and Gail Goldman & Associates. The Committee unanimously recommended NINE dot ARTS as the preferred consultant. 19 E.

Award of Contract for Public Art Master Plan Page 2 of 2 Fiscal Impact
The cost of NINE dot ARTS master planning services for this project is $75,000 and will be paid for using the Public Art Fund (Fund 275). The Public Art Advisory Committee is also recommending a 20% contingency (or $15,000) to draw from as needed to support master planning efforts. An example of this would be the costs associated with facilitating community engagement events. This approach aligns with industry best practices and funds are available to support this within the Public Art Fund.

Attachments

1. NINE dot ARTS DRAFT Agreement

2. NINE dot ARTS Proposal Packet
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Clay Holstine, City Manager 20 E.

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT dated November 16, 2023 is made by and between THE CITY OF BRISBANE, a municipal corporation ("City"), and NINE dot ARTS (“Consultant").

RECITALS
A. City desires to retain Consultant to prepare a public art master plan.

B. Consultant is specially trained, experienced, and qualified to provide such professional services and is willing to do so pursuant to the terms and conditions of thisAgreement.

AGREEMENT

1. Scope of Services. Subject to the direction and approval of City through its staff that City may provide from time to time, Consultant shall perform the services described in the scope of work outlined in the Consultant’s proposal (Exhibit A) referenced herein.

2. Time of Performance. The services of Consultant shall commence upon the execution of this Agreement and shall be satisfactorily completed within the agreed upon timeframe.

3. Responsible Personnel. The personnel acting on behalf of Consultant primarily responsible for performance of the services hereunder shall be as set forth within Exhibit A.

4. Compensation. As compensation for all services to be performed by Consultant under this Agreement, Consultant shall be paid the amounts set forth and incorporated herein as Exhibit A. In no eventshall Consultant’stotal compensation exceed the agreed upon sum without additional authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

5. Method of Payment. Consultant shall submit billings to City describing in detail the work performed for which payment is requested and a description of any reimbursable expenditures.

Consultant shall submit billings to City following an invoicing schedule that aligns with the Consultant's phased scope of work and per a mutually agreed upon schedule between the City and Consultant. City shall pay Consultant no later than 30 days after approval of the invoice by City. Such paymentshall not be unreasonably withheld.

6. Maintenance and Inspection of Records. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, timecards, and other records or documents relating to charges for services or expenditures charged to City, for a minimum of three (3) years from the date of final payment to Consultant under this Agreement and shall make the same available to City or its authorized representatives for inspection and audit, at any time during regular business hours, upon written request by City. The right of inspection shall include the right to make extracts andcopies. 21 E.

7. Assignment and Subcontracts. Consultant acknowledges that Consultant’s skill and expertise is a material consideration for City entering into this Agreement. Consultant shall not assign, subcontract or delegate to any other party the performance of any services to be rendered by Consultant or Subconsultants without the prior written approval of City. If City consents to any sub-consulting of work, Consultant shall be fully responsible to City for all acts or omissions of the subconsultant.

8. Ownership of Documents. Upon payment of fees and expenses due, all plans, studies, documents, and other writings prepared by and for the Consultant in the course of performing its services under this Agreement, except working notes and internal documents, shall become the property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, upon receipt of final payment for services, provide such reports, plans, studies, documents, and other writings to City. City will indemnify and hold harmless Consultant from future use or misuse of aforementioned plans, studies, documents, etc. CMG is entitled to use documents and materials prepared for the project, for promotional purposes.

9. Independent Contractor. Consultant is, and at all times shall remain, an independent contractor, and not an agent, officer or employee of City. As an independent contractor, neither Consultant nor any of Consultant’s agents or employees shall be entitled to any salary, fringe benefits, worker's compensation, retirement contributions, sick leave, insurance, or other benefit or right connected with employment by City, or any compensation other than as provided in this Agreement.

Consultantshall have no power or authority to bind City to any contract orotherwise to incur any obligation or liability for, or on behalf, or in the name of City.

10. Licenses. Consultant represents and warrants to City that Consultant has all licenses,permits, qualifications, insurance, and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant shall, at its sole cost and expense, keep and maintain such licenses, permits, qualifications, insurance and approvals in full force and effect at all times during the term of this Agreement. Consultant shall procure and thereafter maintain a City of Brisbane business license during the term of this Agreement.

11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable published federal, state and local laws, codes, ordinances and regulations in connection with the performance of its services under this Agreement.

12. Employment Eligibility. At the request of City, Consultant shall furnish to City copies of Employment Eligibility Verifications (INS Form I-9) or other evidence satisfactory to City showing that any or all persons providing services under this Agreement for on behalf of Consultant is eligible to be employed in the United States. In the event Consultant is unable or unwilling to provide the employment eligibility verification within ten (10) days after City's request, City may require the immediate removal from the project of such workers as specified by City, and upon any failure by Consultant to do so, City shall be entitled to terminate this Agreement.

13. Indemnity. Consultant shall indemnify, defend, and hold City, its officers, officials, employees and volunteers, harmless from and against any and all claims, demands, causes of action, losses, damages, injuries, expenses and liabilities, including reasonable attorney's fees, to the extent actually caused by negligence or willful misconduct in the performance by Consultant of its services under this Agreement or its failure to comply with any of the its obligations contained in this Agreement, and City shall not be liable for any negligent acts or omissions or willful misconduct of Consultant. Consultant shall not be liable for the negligent acts or omissions or willful misconduct of the City. 22 E.

14. Insurance. Consultant, at its own expense,shall procure and maintain, for the duration of this Agreement, insurance policies, which satisfy the following requirements:
(a) Type of policies and coverage:
(1) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage, providing coverage at least as broad as Insurance Services Office Commercial General Liability form CG 0001 (Ed. 11/88). If the form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. (2) Automobile Liability Coverage. Consultant shall maintain automobile liability insurance in an amount not less than $1,000,000 combined single limit for each occurrence, for bodily injury and property damage, providing coverage at least as broad as Insurance Services Office form CA 0001 (Ed. 12/90) Code 1 (any auto). (3) Workers' Compensation and Employer's Liability Coverage. Consultant shall maintain workers' compensation insurance asrequired by the State of California and employer's liability insurance in an amount not less than $1,000,000 per occurrence, for any and all persons employed by Consultant in connection with the performance of services under this Agreement. In the alternative, Consultants may rely on a self-insurance program to provide this coverage so long as the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or Consultants, if a program of self-insurance is provided, shall waive all rights of subrogation against City for loss arising from work performed by Consultants for City.
(4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance in an amount not less than $1,000,000 per claim, covering negligent acts, errors or omissions which may be committed by Consultant in the performance of its services under this Agreement.
(b) Endorsements: Each general liability and automobile liability insurance policy shall contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents, or volunteers. 23 E.
(2) For any claims related to the Project, Consultant’s insurance coverage shall beprimary insurance as respects the City, its officers, officials, employees, agents, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of Consultants’ insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, its officers, officials, employees, agents, or volunteers.
(4) Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer'sliability. (5) Consultant’s insurance coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. (d) Acceptability of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A: VII, unless otherwise approved by City in writing. (e) Verification of coverage. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required by this Agreement.

Certificates of such insurance shall be filed with City before commencement of work by Consultant. At the request of City, Consultant shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by this Agreement.

15. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be either personally delivered or sent by certified mail, return receipt requested, addressed to the other party as follows:

To City City of Brisbane
50 Park Lane
Brisbane, CA 94005
Attn.: City Manager
To Consultant NINE dot ARTS
3734 Osage Street
Denver, CO 80211
Attn.: Jackie Fraser

16. No Recovery of Litigation Fees and Costs. In the event of litigation, including administrative proceedings, related to this Agreement, including, but not limited to, any action or suit by any party, assignee, or beneficiary against any other party, assignee or beneficiary, to enforce, interpret, or seek 24 E.
relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorneys' fees and costs. No party or litigant shall be entitled to recover any attorneys' fees or costs from any other party or litigant, regardless of which party might prevail or be determined to be a prevailing party.

17. Termination of Agreement. This Agreement may be terminated by any party, effective upon written notice, should the other party commit any material default in the performance of its obligations hereunder. This Agreement may also be terminated by either party, for any reason, upon fifteen (15) day's prior written notice to the other party. In the event this Agreement is terminated by City through no fault of Consultant, Consultant shall be compensated for all services performed to the date of termination.

18. Equal Opportunity Employment. Consultant warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment.

19. Miscellaneous Provisions.
(a) Severability. Should any portion of this Agreement be declared void or unenforceable in a final decision by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be reasonably interpreted to implement the intention of the parties.
(b) Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes and cancels all prior agreements or understandings, whether written or verbal. (c) Amendments. This Agreement may be modified or amended only by a written document duly executed by both City and Consultant.
(d) Waiver. The waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same provision or any other provision of this Agreement.
(e) Execution. Each party warrants that the individualssigning this Agreement on its behalf have the legal power and authority to do so and to bind the party to this Agreement. (f) Successors and Assigns. Subject to the restriction against assignment and subcontracting, this Agreement shall be inure to the benefit of and shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
25 E.

THE CITY OF BRISBANE
By:

Clayton L. Holstine, City Manager
ATTEST:

Ingrid Padilla, City Clerk
APPROVED AS TO FORM: CONSULTANT
By:

Jackie Fraser, Director of Business
Development, NINE dot ARTS

Michael Roush
Legal Counsel
26 E.

CITY OF BRISBANE
Public Art Master Plan
1 27
E.
3 COVER LETTER
4 LETTER OF INTEREST
6 STATEMENT OF QUALIFICATIONS
12 RELEVANT EXPERIENCE
16 PROFESSIONAL BACKGROUND
21 LIST OF CLIENT REFERENCES
table of contents
2 28
E.

NINE dot ARTS, Corp.

Established 2009
Phone: 303-999-0383
Email: [email protected]
Offices:

NINE dot ARTS Headquarters
3734 Osage Street
Denver, CO 80211
Seattle Office
3146 Portage Bay Place E Unit G
Seattle, WA 98102
Point of Contact for Contract Negotiations:

Jackie Fraser
Director of Business Development
NINE dot ARTS
[email protected]
+1-720-515-6310
3146 Portage Bay Place E Unit G
Seattle, WA 98102
3 29
E.

To Ms. Noreen Leek,
NINE dot ARTS is thrilled about the opportunity to develop the first Public Art Master Plan for the City of Brisbane, California. We are always inspired by the opportunity to shape the creative fabric of a place and demonstrate how art can be so much more than a tool for entertainment and beautification. It can produce vibrant destinations that strengthen local economies and make a positive social impact.

As a certified DBE, W/MBE, and SBE company, NINE dot ARTS offers unmatched experience that spans various business categories. Our services range from commissioning dynamic public art installations to developing comprehensive art and cultural master plans for places like Denver’s River Mile Metropolitan District; the City of Kirkland, Washington; the Denver International Airport; the City of Wichita, Kansas; 6th Street in Austin, Texas; the River District in Charlotte, North Carolina; and more. We have worked with everyone from artists and engineers to developers, architects, community organizations, and cities to complete nearly 1,000 projects spanning 39 states and five countries. This has allowed us to support hundreds of emerging and underrepresented artists and generate more than $50 million in revenue for the creative economy.

Unique features we will bring to this project include our ability to analyze and develop public art policies, requirements, and best practices; our creative community engagement activities to gain public buy-in and support city approvals; our one-of-a-kind visioning exercise to build consensus across project participants; and our exceptional ability to help cities like Brisbane reap maximum social and financial value from their public art program. More information about our differentiators can be found in the following page titled “Our Company Pillars.”
This document provides the requested information about NINE dot ARTS, your proposed consulting team, examples of past projects, and other details that demonstrate our ability to successfully fulfill the City’s scope of work. We look forward to the opportunity to partner with the City and its residents to create a Public Art Master Plan that will help shape Brisbane’s evolution, improve the experience of its residents and visitors, and grow its social, cultural, and financial capital for years to come.

Thank you for considering us as your partner in placemaking.

Sincerely,
Jackie Fraser
Director of Business Development
NINE dot ARTS
[email protected]
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As a partner in placemaking, we help our clients transform spaces into one-of-a-kind experiences through the power of art and culture.

COLLABORATIVE

PROCESS
We engage with the community to
understand local culture and source
artists who reflect it. By partnering with
local artists and community leaders, we:
• Draw positive attention for the
project
• Generate community goodwill
• Reflect the culture and history
of a place
• Uplift local and emerging artists
• Curate meaningful art
collections with an authentic
story
Our proven creative process makes
art curation and master planning a
collaborative, efficient, and enjoyable
working experience. And by being
involved early, we help create spaces
for bold, iconic artwork that would
be impossible anywhere else. Plus,
we do the heavy lifting to give you
peace of mind.
• Visioning and Roadmap
• Community engagement
• Research and curation
• Art acquisition
• Installation and engagement
We hold ourselves accountable to
ensure diversity, equity, inclusion, and
belonging are core components of our
firm’s ethos at every level. Our curated
collections help clients demonstrate
their DEIB values.
• Certified W/MBE, SBE, and DBE
firm
• Support underrepresented
artists
• Honor the culture and history
of a place

CONNECTION TO

COMMUNITY
As a national art consultancy with over
30 specialists, we can support projects
of any size and scale. Our size allows
us to deliver quality, scope, and scale.
• From boutique hotels to
20,000-acre art master plans
• Comprehensive project
management
• On time, on budget, every time
• Network of 10,000+ artists
• Available nationwide
• National team, local artwork

COMMITMENT

TO DEIB
As your strategic partners, we
understand your project’s brand,
vision, and goals. And with this
knowledge, we deliver.
• Bring your brand to life
• Connect to the community
• Spark conversation
• Create a sense of place

STRATEGIC

PARTNERSHIP

NATIONAL TEAM OF

SPECIALISTS
our company PILLARS
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STATEMENT OF

QUALIFICATIONS
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With over a decade of award-winning expertise in art curation, consulting, and master planning, our NINE dot ARTS team is uniquely qualified to develop a public art master plan through a process of active public engagement. The following pages demonstrate our approach for completing all items outlined in the scope of work, including and especially providing public art assessments and recommendations, organizing meaningful community outreach, and delivering a cohesive plan that provides clear strategic direction for the future of public art in Brisbane, California.

WORKLOAD AND BACKLOG:

Unlike sole proprietors, our national team of 30+ specialists allows us to complete projects of any size and scale. We average between 100 and 160 active projects at any given time, ranging from $50,000 to $2 million or more. Our current workload is 105 active projects with a backlog of approximately $13.5 million. To complete our work, we utilize a full suite of hiring, communication, collaboration, and accounting software to ensure staff capacity aligns with project requirements and supports seamless project management.

LITIGATION:

NINE dot ARTS has no recent or pending litigation.
statement of

QUALIFICATIONS
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Phase 0: Project Management - Ongoing
• Development of meeting schedules, agendas, and material preparation • Recurring check-in meetings completed virtually or in-person • Monthly project reporting based on percent of work completed • Ongoing communication and consensus building
Phase 1: Assessments & Recommendations
Task 1: Kick-off meeting
Our team will convene the Public Art Advisory Committee and the appropriate City stakeholders for an initial meeting to lay the groundwork for the project. We will build consensus around shared interests and objectives, walk stakeholders through our proposed project approach, and establish a timeline to share progress and solicit feedback as we move through each of the below phases.

Task 2: Situational Analysis and Data Review
NINE dot ARTS will perform a holistic review of Brisbane’s arts and cultural infrastructure, including research into its demographic landscape, industry trends, public engagement data, art and culture policies, and existing public art programming. We will use the findings to analyze the social and economic impact of Brisbane’s current public art inventory and programs.
• Review past and current policies, documents, and local codes • Review and assess priorities of the Public Art Advisory Committee • Review and assess upcoming and future projects within Brisbane that may provide public art opportunities (i.e. Crocker Trails, Sierra Point, the Baylands, and other public facilities, parks, gathering spaces, and private developments)
Task 3: Comparative Benchmark Review
NINE dot ARTS will review best practices and policies from other comparable city art programs, as well as research various financial resources to help sustain and grow Brisbane’s public art and placemaking opportunities.
• Summary of industry best practices
• Define processes and policies for public art and highlight government purchasing procedures relevant to Brisbane
• Suggest programs and strategies to increase funding for public art in Brisbane and help maximize the master plan’s impact on the greater city and state
project

APPROACH
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Task 4: Public Art Assessment
We will use initial discussions with the City and findings from our situational analysis and data review to classify the state of public art in Brisbane. This will involve a site visit and ongoing collaboration with the Public Art Advisory Committee and/or recommended stakeholders who can accompany our team and highlight existing public art locations.
• Identify sites for existing and future temporary and permanent public artworks via a site visit and photographing of current and potential new art locations • Develop criteria for the siting of public art projects; Identify current art typologies and materials used and develop related guidance for any new installations
• Provide guidelines for inclusion of public art in public and private sector development projects • Provide a general process by which artists are commissioned and selected • Develop public art policy guidelines for administration of public art, including artwork donations, relocation, removal, maintenance, conservation, and deaccession plans Phase 2: Public Participation Plan
Task 1: Asset Mapping and Outreach Program Development
NINE dot ARTS will leverage the well-established asset based community development (ABCD) model to identify various assets (individuals, organizations, institutions, etc.) that could aid in the development of the master plan. We will then collaborate with the Public Art Advisory Committee to develop a comprehensive community outreach program consisting of a public survey and community open houses, each intended to solicit feedback that will help define and shape the future of public art in Brisbane. Our team will work with trusted local leaders who have relationships with minority and low-to-moderate income communities to ensure our community engagement strategies prioritize these voices. We anticipate support from the Public Art Advisory Committee to help identify and introduce us to these leaders. • Evaluate creative assets and local resources that currently (or could potentially) support public art • Create map(s) visualizing existing assets to be included in the master plan • Identify local leaders who can support targeted community outreach to minority and low-to-moderate income communities
Task 2: Survey Administration
With input from local leaders, we will develop a thoughtful community survey and strategies for outreach, administration, and data compilation that guarantee participation from a diverse range of stakeholders. The survey will engage residents to reveal needs, aspirations, and general sentiments about public art in Brisbane, helping our team uncover further gaps and/or inequities to be addressed by the updated master plan.
• Develop survey questions and program into relevant software (Qualtrics, Google Forms, etc.) • Create a dissemination plan and timeline
• Disseminate via City websites, social media, and widespread outreach with support of the Public Art Advisory Committee and community leaders
(Continued)
work PLAN
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work PLAN
Task 3: Community Open House
NINE dot ARTS envisions another form of public outreach and engagement such as a community open house at a local arts and culture venue like a gallery or cultural center. During this time, participants can complete the survey verbally with a member of our team who will record their response, or via their phone or iPad as a NINE dot ARTS team member walks them through the process and shares about our endeavor to create the City’s first Public Art Master Plan. Hosting community input sessions in a creative environment can incentivize participation from elected officials and local business professionals to youth arts educators and everyone in between. Such widespread public investment and goodwill is critical to promote and sustain the Public Art Master Plan.
• Facilitate Open House with support from the Public Art Advisory Committee • Coordination and promotion of Open House will be the responsibility of the City; NINE dot ARTS will assist with content creation for invitations and marketing Task 4: Data Compilation
• Compile and organize all survey data and Open House insights • Analyze and summarize into a report to be included in the final master plan Phase 3: Development of Cohesive Plans
Task 1: Vision and Strategy Development
NINE dot ARTS will host a collaborative workshop with key project stakeholders and community leaders to summarize data, insights, and community outreach results from Phases 1 and 2. Based on these results, we will present a draft vision statement, mission statement, values, and guiding principles for the Public Art Master Plan. Following approval of this content, we will develop a long-term strategic plan to help the City of Brisbane codify values and objectives related to public art. • Progress review and visioning workshop
• Build consensus around a public art vision, mission, values, and guiding principles • Define specific goals and identify short-term and long-term strategic action items, estimated budgets/ costs, and implementation dates
• Identify relevant tools and resources necessary to complete each action item • Outline existing assets to inform each action item, as well as metrics for evaluating success Task 2: Compile Report
NINE dot ARTS will synthesize all work into a concise, comprehensive, and user-friendly report that includes all aforementioned deliverables and…
• Clarification of key themes and values on which the community should focus its public art resources • Recommendations for program development (such as urban/street art, public art pocket map, murals, banners, community art gallery, artists registry, performing art, music, digital media) • Measurable steps for achieving public art goals in 1-5 years and forecasting for 15–20 year initiatives • Preliminary plans for an arts district with recommendations for space, operational needs, and financing strategies
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• List of potential locations for future art, including intended space for an artist residency program and/ or other community-initiated opportunities
• Application of City of Brisbane map to visually depict traffic patterns, wayfinding, and existing and potential new artwork locations (with their intended typology, functions, and impacts on the audience experience)
• Long-term strategies and priorities for disbursement of the Public Art Fund, as well as suggested funding resources, staffing recommendations, and curatorial support • Strategies for partnering with key community stakeholders including local businesses, schools, artists, and cultural organizations
• Recommended marketing and audience development strategies to support ongoing community engagement with a focus on cultural diversity and community/neighborhood inclusivity • Priorities for proposed projects with a projected timeline and financial strategies for implementation • Analysis of current and best-in-practice metrics, comparisons, redundancies, and context with surrounding cities
Task 3: Revisions and Adoption Support
Once the elements of the plan have been thoroughly written, designed, and organized, we will present its contents to the Public Art Advisory Committee and City Council, allowing time for review and comments. We will then make the necessary revisions to incorporate their feedback into the final plan for adoption, including revising charts, maps, and graphics as needed. This updated version will be delivered in a digital document that NINE dot ARTS can present at a Public Art Advisory Committee meeting and a City Council meeting, as well as to relevant community stakeholders to help generate buy-in and goodwill.

As your strategic partners, NINE dot ARTS is available to be hired on retainer for future art consulting services including curating and installing permanent and temporary public artworks. This may involve a mutually beneficial flat fee for our ongoing advisory services. Our team can provide more details about this arrangement and draft a contract should the City of Brisbane be interested. work PLAN
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RELEVANT EXPERIENCE &

EXAMPLES OF WORK
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6th Street Austin
INDUSTRY: MIXED USE REGION: SOUTH CENTRAL
CLIENT: STREAM REALTY PARTNERS
SCOPE OF WORK: PUBLIC ART MASTER PLAN
CLIENT VISION:

Create a public art program that will amplify the area’s historic architecture and mercantile heritage while celebrating the progress of the future
NINE DOT ARTS VALUE ADD:

NINE dot ARTS is currently developing the art master plan for the comprehensive redevelopment of Austin’s famous 6th
Street, formerly known as Pecan Street. The plan will provide strategic direction for future artwork placement, selection, budgeting, scheduling, and cultural programming. Artwork will celebrate Austin’s tech savvy reputation using innovative technologies, materials, and installation methods, as well as honor the street’s mercantile and musical past using abstract and realistic visual expression. The collection will integrate the city’s natural streetscapes and architecture, creating cohesion from the historic 6th and Brazos to the urban oasis of 6th and I-35 corridor. Our art program will capture the city’s unique character by commemorating the voices and stories of the past while pushing artistic boundaries and moving us into the future. Highlights include:
• Art and architectural integration plans
• Art placement based on traffic flow
• RFP process for artist selection
• Community engagement initiatives
• Supervision of installation, lighting, and structural requirements for site-specific artwork
• Art Criteria: discoverable, reflective, diverse, innovative, responsive, destination-worthy, storytelling Art
Typologies: iconic, mural, temporary, discovery,
functional, aerial, multimedia
See more details on "Client References" page.
project experience
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INDUSTRY: PUBLIC VENUE REGION: MOUNTAIN WEST
CLIENT: DENVER INTERNATIONAL AIRPORT
SCOPE OF WORK: PUBLIC ART MASTER PLAN
NINE dot ARTS developed the public art master plan for the Denver International Airport (DEN) to guide its public art and exhibition program and provide strategic direction for its growth and success. To complete this work, we conducted several research phases that required thoughtful public engagement and feedback, including:
• Interviews, roundtable discussions, and surveys with key stakeholders
• In-depth study of the passenger experience in airport travel, including interviews and surveys with a range of travelers
• Assessment and documentation of conditions of the
current DEN Arts Program
• A benchmarking study and analysis of industry standards and best practices
• Case studies for successful DEN artworks and collaborations After synthesizing our findings, we developed the mission, vision, and goals for DEN’s art program, outlining numerous public art and exhibition opportunities, zoning and art location placements, art concepts, and more. Further, we used research findings to support the tremendous value behind a dynamic art and culture program, particularly in its ability to engage the greater community and city.

Other benefits include: Increasing revenue, Elevating a brand, Creating buzz, Creating a unique sense of place that is memorable to visitors and brings pride to locals, and Enhancing individual and collective wellbeing.

Our team’s final plan guides DEN to reap these benefits and more, resulting in a one-of-a-kind experience that combines art, culture, and world-class travel. The plan amplifies DEN’s art collection in a way that meets changing traffic flows and demands of the contemporary passenger, while creating a positive and memorable experience that reflects the Western region’s rich history and progressive ideals.

The DIA Art Master Plan can be found here
See more details on "Client References" page.

Denver International Airport
project experience
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INDUSTRY: MIXED-USE REGION: MOUNTAIN WEST
CLIENT: REVESCO PROPERTIES
SCOPE OF WORK: ARTS AND CULTURAL MASTER PLAN
The River Mile is an exciting new mixed-use development planned for downtown Denver, where residents and visitors can access retail, entertainment, nature, and more in a thriving walkable neighborhood infused with art and cultural amenities. Our team developed the art master plan to guide the River Mile’s arts and cultural activities over a 25-year project lifecycle (and beyond) while prioritizing local creatives. Our recommendations included:

Art and Cultural Policies and Programming: Our team developed a mission, vision, goals, and guiding principles for integrating art and cultural programming into the infrastructure of the neighborhood.

These policies focused on leveraging local talent to produce frequent, diverse cultural events that engage visitors and guests alike. Policies were stable enough to set a foundation yet flexible enough to evolve with the changing needs of the community.

Public Art Integration: We identified art types, goals, and locations that would maximize civic engagement, meanwhile fostering a safe and inviting environment for all.

Localized Art Economy: We provided vertical integration recommendations to create cost efficiencies while uplifting the local labor force. Examples include utilizing excess construction and deconstruction materials for manufacturing and/or on-site fabrication of stage sets, signage, and sculptures. Doing so will both employ Colorado creatives and provide career-building experience for emerging talent through University partnerships.

Financing and Organizing Strategies: Based on a study of ten different developments from around the world, we investigated various organizational models, income sources, and funding types to determine a diversified funding approach that utilizes both percentof-construction fees and transfer fees applied at lease or sale. Such strategies create a foundation for permanent art infrastructure and community services, generating goodwill and buy-in from residents who join a development.

Mobilizing an Art and Culture Organization: Our team provided guidance for establishing a local arts and culture nonprofit, whose activities would incur additional grants, donations, and event revenue to funding continuous art and cultural programming. We developed an operating plan to guide this organization, ensuring the River Mile remains an integral part of Denver’s civic fabric for years to come.

See more details on "Client References" page.

River Mile
project experience
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PROFESSIONAL

BACKGROUND
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ANDREW SHEPHERD

STUDIO AND ADMINISTRATIVE

ASSOCIATE
Role: Assist project team with art program research,
outreach, and master plan development; Provide oncall administrative support as needed. • Supports NINE dot ARTS consulting and
curatorial team with site-specific research,
program development, installations, and
more
• BFA in Painting with expertise in
architecture, design, and fine art

MOLLY CASEY

CHEIF CURATOR AND

LEAD CONSULTANT
Role: Provide executive-level guidance and oversight of all art consulting services for the City of Brisbane; Lead the development of the Public Art Master Plan and execution of all items in the scope of work; Oversee daily operations and serve as primary point of contact throughout project • NINE dot ARTS Chief Curator and Co-founder
• 20 years of art consulting experience, from city-wide public art and cultural planning to the development of private corporate art collections
• Experience mobilizing diverse partnerships across private developers, public agencies, local nonprofits, and creative organizations for capacity building, art activations, and more • Experience leading and supervising interdisciplinary creative teams through the research, community engagement, curation, acquisition, and installation of a variety of national art experiences
• Degree in Fine Arts (Sculpture)

STEPHANIE MOORE

DIRECTOR OF OPERATIONS

AND PROJECT MANAGER
Role: Oversee comprehensive project
management, including supporting stakeholder
communications and budget/timeline management
• 14+ years project management experience
in commercial development & construction
in the hospitality, multifamily, office, and
industrial markets
• Project financial management including
budgeting, AR, AP, and forecasting for 100
+projects
• Analyzes and mitigates project risks
through strong contract knowledge,
vendor management, and appropriate
insurance coverage
• CREW Charlotte Co-Chair for the Authentic
Leadership Committee
• Degree in Art (Digital Art & Ceramics) with
Business Minor
project
TEAM
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Molly Casey
Chief Curator/Consultant and Co-founder
Summary
Molly Casey and Co-founder Martha Weidmann formed NINE dot ARTS in 2009 with the vision of building a forward thinking art consulting company that both curates incredible art experiences and advocates for art and artists. Since then, the firm has completed nearly 1000 projects in real estate development across 39 states and five countries, generating more than $50 million in revenue for the creative economy. Currently, their artist application, Dotfolio, features over 10,000 artists from around the world.

Molly’s leadership and consulting expertise includes working directly with private and public sector clients on projects ranging from curated corporate art collections to robust arts and cultural master plans. She has conducted in-depth project visioning sessions with everyone from architects and designers to developers, community members, and city leaders, facilitating shared decision-making around critical master plan components such as art typologies, location planning, policy development, cultural programming, and more. As Chief Curator, Molly leads, mentors, and supervises interdisciplinary creative teams through the research, curation, community engagement, acquisition, and installation of a range of national art experiences. Her innovative approach to art consulting includes building a global community of artists and developing education, advocacy, and career-building opportunities.

Professional Experience
Chief Curator/Consultant and Co-founder, NINE dot ARTS®, Denver, CO 2009-present Art Consultant, McGrath and Braun, Denver, CO 2005-2009 Gallery Assistant, Plus Gallery, Denver, CO 2005
Art Elective Teacher, Ebert Elementary School, Denver, CO 2003-2005 Project Highlights
City of Broomfield, Art Master Plan, Broomfield, CO 2023-2024 Centerra, Art Master Plan, Loveland, CO 2022-2023
National Jewish Health, Art Curation & Installation, Denver, CO 2021-2022 Catbird Hotel, Art Curation & Installation, Denver, CO 2020-2022 Porch + Park, Art Curation & Installation, Redmond, WA 2019-2022 Baseline, Art Master Plan, Loveland, CO 2021
El Capitán/La Mainzer, Art Curation & Installation, Merced, CA 2020-2021 Metro Center, Art Master Plan, Aurora, CO 2019-2021
Broadway Station, Art Master Plan, Denver, CO 2020
Denver International Airport, Art Master Plan, Denver, CO 2019-2020 The Rally Hotel, Art Curation & Installation, Denver, CO 2019-2020 Denver Water, Art Curation & Installation, Denver, CO 2018-2020 Dairy Block, Art Master Plan & Curation & Installation, Denver, CO 2016-2018 The Colorado Convention Center, Art Curation & Installation, Denver, CO 2012-2018 TD Ameritrade, Art Curation & Installation, USA 2012-2017 Jackson National Life, Art Curation & Installation, Lansing, MI 2013-2016 The Crawford Hotel at Union Station, Art Curation & Installation, Denver, CO 2012-2014 St. Joseph Hospital, Art Curation & Installation, Denver, CO 2012-2015 Rocky Mountain Hospital for Children, Art Curation & Installation, Denver, CO 2010-2011 Volunteer Experience
Board Member, Think 360 Arts for Learning 2016-present
Quarterly Artist Portfolio Tutorial, NINE dot ARTS 2013-present Guest Judge, University of Colorado at Denver 2013
Education
Bachelor of Art, University of Colorado Denver, Denver, CO 2005 44 Independent Art History Study, Paris, France 2001
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Stephanie Moore
DIRECTOR OF OPERATIONS | PROJECT MANAGER
Summary
Stephanie has 13+ years of project management experience in the development and construction industry, including several years as a commercial property manager. In addition to being an owner’s repres entative for the cons truction of multifamily and office buildings , S tephanie has opened three res taurants for a developer and has worked for a commercial general contractor and a commercial playground firm. The common thread throughout her career has been her pass ion for making things work. According to S tephanie, no matter the system, proces s , or problem – there’s always a s olution.

S tephanie overs ees everything from sourcing suppliers to project budgeting and reporting. Additionally, S tephanie holds a degree in fine arts , giving her a nuanced approach to creative problem s olving that allows her to identify and mitigate ris ks, adapt proactively to rapid change, and continuous ly s trengthen both internal and external collaboration.

Professional Experience
Director of Operations , NINE dot AR TS , C harlotte, NC via Denver, C O 2023-present S enior P roject Manager, NINE dot AR TS , C harlotte, NC via Denver, C O 2021-2023 Operations Analyst, C oncorde C onstruction C ompany, C harlotte, NC 2019-2020 S enior R eal E s tate Manager, C B R E Inc., C harlotte, NC 2018-2019 P roject & P roces s Manager, New Forum Inc., C harlotte, NC 2017-2018 P roperty & P roject Manager, New Forum Inc., C harlotte, NC 2014-2017 As s istant P roperty Manager/P roject C oordinator, New Forum Inc., C harlotte, NC 2011-2018 S enior P roject Manager, C unningham As sociates Inc., C harlotte, NC 2008-2011 Mortgage Loan Officer Ass istant, The S toner Venable Team, C harlotte, NC 2005-2008 Memberships and Associations
Licensed North C arolina R eal E s tate B roker, C harlotte, NC 2 2018-present Co-C hair of Leaders hip P rogram C ommittee, C harlotte C hapter of C R E W, C harlotte, NC 2020-present C R E W C harlotte Authentic Leadership P rogram G raduate, C harlotte, NC 2019 Education
B achelors of Art, Minor in B us iness Adminis tration, E lon Univers ity, E lon, NC 2002 19 45
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Andrew Shepherd
Studio and Administrative Associate
Summary
Andrew Shepherd is a Studio Associate at NINE dot aRTS whose own artistic practice informs his expertise in art curation, acquisition, and overall arts advocacy. At the Savannah College of Art and Design, Andrew studied painting and printmaking, building a studio practice that works across new media, painting, and the built environment. Andrew supports NINE dot ARTS’ consulting teams by providing comprehensive research and leveraging productivity software to help program and manage projects from conception to completion. He develops complex inventories, manages budgets, and delivers technical strategies to organize and execute expansive art programs for a range of private and public sector clients.

Professional Experience
Studio Associate, NINE dot ARTS, Denver, CO March 2022-present New Media Artist, Professional Practice, Denver, CO Jan 2019-present Hospitality Generalist, Catherine Ward House Inn, Savannah, GA 2018-2021 Project Highlights
Centerra, Art Master Plan, Loveland, CO 2022-2023
Le Meridien Hotel, Art Curation & Installation, Salt Lake City, UT 2022-2023 Cherry Hills Country Club, Art Curation & Installation, Cherry Hills Village, CO 2022-2023 Sylvan Uptown Apartments, Art Curation & Installation, Denver, CO 2022 The Mansion, Art Master Plan & Installation, Savannah, GA 2022-2023 Volunteer Experience
Presenter, Cumulative BFA Exhibition, Savannah, GA 2021 Volunteer Canvasser, Bernie Sanders Campaign, SC 2020
Education
Bachelors of Fine Art, Savannah College of Art and Design 2021 20 46
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LIST OF CLIENT

REFERENCES
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6TH STREET AUSTIN
Scope & Scale: Public Art Master Plan for six city
blocks in downtown Austin, TX
Cost: $144,000
Year Constructed: ongoing
Project Duration: June 2021 - June 2024 (project
underway)
CLIENT REFERENCE:

Caitlyn Ryan, Senior Vice President, Stream Realty
Partners
[email protected]
512-947-4468

DENVER INTERNATIONAL AIRPORT
Scope & Scale: Public Art Master Plan across 52
square miles of airport in Denver, CO
Cost: $343,049
Year Constructed: airport was constructed in
1995
Project Duration: March 2019 - October 2020
CLIENT REFERENCE:

Stacey Stegman, VP of Communications, Marketing,
and Customer Service, Denver International Airport
[email protected]
303-342-2276

RIVER MILE
Scope & Scale: Arts and Cultural Master Plan for
a 62-acre mixed-used neighborhood in Denver,
CO
Cost: $73,000 for Master Plan, with a planned
$30M in public art installations generated over
30 years
Year Constructed: ongoing
Project Duration: October 2019 - June 2020
CLIENT REFERENCE:

Rhys Duggan, President and CEO, Revesco
Properties
[email protected]
303-870-8600
featured project information &

REFERENCES

MIDTOWN SQUARE
Scope & Scale: Arts and Cultural Master Plan for
a public square in Seattle, WA with 27,000
square feet of retail and a 432-unit multifamily
building
Cost: $500,000
Year Constructed: 2022
Project Duration: November 2019 - November
2020
CLIENT REFERENCE:

Vivian Phillips, Founder and Editor in Chief of
nonprofit Arte Noir
[email protected]
206-227-7747
Patrick Foley, Co-Founder, Lake Union Partners
[email protected]
206-850-6637

COLORADO STATE UNIVERSITY SPUR
CAMPUS
Scope & Scale: Public Art Master Plan for
296,000 square feet across three research
centers in Denver, CO
Cost: $75,000 for Public Art Master Plan; $1.2
million total art budget
Year Constructed: 2022
Project Duration: April 2019 - November 2019
CLIENT REFERENCE:

Jocelyn Hittle, Associate Vice Chancellor Spur Special
Projects, Colorado State University System
[email protected]
303-718-0931
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303.999.0383 [email protected]

WE'RE READY TO CREATE

SOMETHING MEMORABLE
LET’S WORK TOGETHER TO DEVELOP A MEANINGFUL

PUBLIC ART PLAN FOR BRISBANE, CALIFORNIA
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PHASES AND TASKS DURATION CONSULTING FEES
PHASE 0: PROJECT MANAGEMENT ONGOING $ 2,000
PHASE 1: ASSESSMENTS & RECOMMENDATIONS 8 WEEKS $ 20,000 Task 1: Kick-Off Meeting $ 5,000
Task 2: Situational Analysis and Data Review $ 4,000
Task 3: Comparative Benchmark Review $ 5,000
Task 4: Public Art Assessment $ 6,000
PHASE 2: PUBLIC PARTICIPATION PLAN 16 WEEKS $ 30,000
Task 1: Asset Mapping and Outreach Program
Development
$ 5,000
Task 2: Survey Administration $ 8,000
Task 3: Community Open House $ 8,000
Task 4: Data Compilation $ 9,000
PHASE 3: DEVELOPMENT OF COHESIVE PLANS 12 WEEKS $ 18,000 Task 1: Vision and Strategy Development $ 8,000
Task 2: Compile Report $ 8,000
Task 3: Revisions and Adoption Support $ 2,000
TRAVEL (2-3 SITE VISITS) $ 5,000
WORK COMPLETED 36 weeks (9 months) $ 75,000
proposed
BUDGET
Total not to exceed = $75,000
Hourly Rates
Director of Curatorial and Lead Consultant: $275/hour
Director of Operations and Project Manager: $200/hour
Studio & Administrative Associate: $120/hour
Travel or Trip Charges
All reimbursable expenses related to
site visits will be accounted for in the
$5,000 allotted for travel above.
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File Attachments for Item:

F. Adopt a Resolution to Amend a Project List for Fiscal Year 2023-23 Funded by SB 1: The Road Repair and Accountability Act of 2017
(The pavement projects listed in the proposed Resolution are categorically exempt from CEQA per CCR Title 14 §15302. The following amended list of the proposed projects will be funded inpart or solely with $104,377 of Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues.)
51 CITY COUNCIL AGENDA REPORT
Revision to Project List for FY 22-23 RMRA Funding Page 1 of 2 Meeting Date: November 16, 2023
From: Tomas Santoyo-Velazquez, Assistant Engineer
Subject: Revision to Project List for FY 22-23 RMRA Funding The pavement projects listed in the proposed Resolution are categorically exempt from CEQA per CCR Title 14 §15302.

Community Goal/Result: Safe Community
Purpose
To revise the list of projects that will be completed in full or in-part with FY 22-23 funds from the Road Maintenance and Rehabilitation Account (RMRA) established by SB 1 (Beall, 2017) Recommendation
Approve a Resolution to “To Amend a Project List for Fiscal Year 2022-2023 Funded by SB 1: The Road Repair and Accountability Act of 2017.”
Background
Consistent with the requirements of SB 1, Council on April 21, 2022 approved by Resolution a list of paving repair projects to be funded from the RMRA. Please see attached staff report from that date for further background.

Discussion
After further review of the City’s Pavement Management System and the condition of existing streets, staff has determined that the most efficient use of these funds and the most effective way to increase the citywide Pavement Condition Index is to maintain the streets listed on the Resolution specified in the Recommendation.

Environmental Review
The pavement projects listed in the proposed Resolution are categorically exempt from provisions of CEQA in that the proposals are replacement or reconstruction of existing uses on the same site as the existing facilities with no change in purpose or expansion of capacity (California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, §15302 “Class 2 – Replacement or Reconstruction”).

Attachments

1. Proposed Resolution

2. April 21, 2022 City Council Agenda Report
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Revision to Project List for FY 22-23 RMRA Funding Page 2 of 2 ___________________________________
Tomas Santoyo-Velazquez, Assistant Engineer
___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 2 of 9
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RESOLUTION NO. 2023 - __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE TO AMEND A PROJECT LIST FOR FISCAL YEAR 2022-2023 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of Brisbane are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Brisbane will adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Brisbane will receive an estimated $104,377 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City of Brisbane will receive SB 1 funding and will enable the City of Brisbane to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Brisbane has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Brisbane used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Brisbane maintain and rehabilitate 13 streets/roads, throughout the City of Brisbane this year and similar projects into the future; and
WHEREAS, the 2021 Pavement Management Technical Assistance program (P-TAP) update found that the City of Brisbane streets and roads are in “very good condition” and this revenue will help us increase and maintain the overall quality of our road system and over the next decade will keep our streets and roads in a “very good“ condition; and 3 of 9
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WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits citywide.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brisbane, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following amended list of the proposed projects will be funded in-part or solely with $104,377 of Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues: 2022- 23 RMRA funds
Project Title: 2023 Slurry Seal Project
Project Description: Slurry sealing of various city streets Project Location: Main Street from Linda Vista Drive (west) to Bayshore Boulevard (east), Monterey Street from San Bruno Avenue (west) to Alvarado Street (east), San Benito Road from Visitacion Avenue (north) to Sierra Point Road (south), San Mateo Lane from Kings Road (west) to Humboldt Road (east), San Bruno Avenue from Thomas Avenue (west) to Bayshore Boulevard (east), Thomas Avenue from San Bruno Avenue (south) to dead end (north), San Francisco Avenue from Visitacion Avenue (north) to Santa Clara Street (south), Klamath Street from Sierra Point Road (West) to Visitacion Avenue (east), Humboldt Road from Dead end to Sierra Point Road (north), Annis Road from San Bruno Avenue (north) to Humboldt Road (south), San Benito Road from Sierra Point Road (west) and Visitacion Avenue (east), Sierra Point Road from Placer Way (south) to San Benito Road (north), Mariposa Street from Visitacion (west) Avenue to San Bruno (east)
Estimated Project Schedule: Release notice inviting bids to contractors in February 2024 and complete construction by Spring 2024.

Estimated Project Useful Life: The City’s Pavement Management system calculates a new useful life of 2 to 7 years for these repaired roadways.

Madison Davis, Mayor
* * * *
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Brisbane held on the 16th day of November 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Ingrid Padilla, City Clerk
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Intended Use of FY 2022-23 RMRA Funds Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: April 21, 2022
From: Randy Breault, Director of Public Works/City Engineer Subject: Intended Use of FY 2022-23 RMRA Funding
Community Goal/Result
Safe Community
Purpose
To satisfy the Fiscal Year Road Maintenance and Rehabilitation Account eligibility, accountability, and transparency requirements established by SB 1 (2017, Beall); this action is consistent with the community’s value of being fiscally conservative.

Recommendation
Approve a resolution adopting the slurry seal of various city streets for fiscal year 2022- 2023 funded by Senate Bill 1 (SB 1): the Road Repair and Accountability Act of 2017.

Background
SB 1 was filed with the Secretary of State on April 28, 2017. This bill established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund that is intended to address deferred maintenance on the state highway system and the local street and road systems. The bill also requires the California Transportation Commission (CTC) to adopt criteria to ensure efficient use of these funds.

The reason for recommending approval of the attached resolution is to satisfy the eligibility requirements of SB 1 while providing transparency to the community of the City’s intended use of the SB 1 funds and holding itself accountable for the efficient investment of public funds to maintain public streets and roads with the annual expenditure reporting requirements. The City will report to the Commission by December 1 of each year on its use of RMRA funds received and/or spent each FY and account for all projects proposed in that FY.

Should the City fail to meet the eligibility requirements within the submittal period enforced by the CTC, the City will forfeit its RMRA apportionment, which will then be disbursed to other eligible Cities that fiscal year.

Fiscal Impact
The project recommended for this year is to utilize 2022-23 RMRA funds to complete a preventive maintenance slurry seal project on the streets identified in the attached Resolution. As shown in the chart below1, maintaining roads at a higher Pavement Condition Index (PCI) is much less expensive than allowing roads to decay before maintaining them. Slurry seals, which are typically applied when the PCI is within the 6 of 9
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Intended Use of FY 2022-23 RMRA Funds Page 2 of 2
green and blue regions of the chart, may be up to 10 times less costly than the “yellow” overlay. Slurry sealing may be up to 25 times less costly than the “red” complete replacement. Completing crack seal and slurry seal projects in a timely fashion extends the time between which overlays are needed and will help prevent the unanticipated need for complete replacement of a roadway.

Measure of Success
Compliance with SB 1 Local Streets and Roads RMRA eligibility requirements by the CTC’s submittal due dates, allowing the City to receive its FY 2022-23 RMRA apportionment.

Attachments

1. Proposed Resolution
___________________________________
Tomas Santoyo-Velazquez, Assistant Engineer
___________________________________ ___________________________ Randy Breault, Director of Public Works Clay Holstine, City Manager 1 Taken from the 2018 California Statewide Local Streets & Roads Needs Assessment. Dollar values are shown for proportional differences between road treatments and will not necessarily reflect current local pricing. 7 of 9
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PROPOSED RESOLUTION
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-2023
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of Brisbane are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Brisbane must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Brisbane will receive an estimated $104,377 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City of Brisbane will receive SB 1 funding and will enable the City of Brisbane to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Brisbane has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Brisbane used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Brisbane maintain and rehabilitate 10 streets/roads, throughout the City of Brisbane this year and similar projects into the future; and WHEREAS, the 2021 Pavement Management Technical Assistance program (P-TAP) update found that the City of Brisbane streets and roads are in “very good condition” and this revenue will help us increase and maintain the overall quality of our road system and over the next decade will keep our streets and roads in a “very good“ condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits citywide.
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NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Brisbane, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with $104,377 of Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues: 2022-23 RMRA funds
Project Title: 2023 Slurry Seal Project
Project Description: Slurry sealing of various city streets Project Location: Main Street from Linda Vista Drive (west) to Bayshore Boulevard (east), Monterey Street from San Bruno Avenue (west) to Alvarado Street (east), San Benito Road from Visitacion Avenue (north) to Sierra Point Road (south), San Mateo Lane from Kings Road (west) to Humboldt Road (east), Kings Road from Margaret Avenue (south) to Humboldt Road (north), San Bruno Avenue from Thomas Avenue (west) to Bayshore Boulevard (east), Thomas Avenue from San Bruno Avenue (south) to dead end (north), San Francisco Avenue from Visitacion Avenue (north) to Santa Clara Street (south), Cypress Lane from Valley Drive (south) to a dead end (north), Silverspot Drive from West Hill Place (south) to Mission Blue Drive (north), Silverspot Drive from Golden Aster Court (south) to Lily Court (north).

Estimated Project Schedule: Release notice inviting bids to contractors in Spring 2023 and complete construction by Summer 2023.

Estimated Project Useful Life: The City’s Pavement Management system calculates a new useful life of 2 to 7 years for these repaired roadways.
________________________________
Coleen Mackin, Mayor
* * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Brisbane held on the 21st day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
________________________________
Ingrid Padilla, City Clerk
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File Attachments for Item:

G. Consider Adoption of a Resolution to Adopt an Affordable Housing Strategic Plan (The Affordable Housing Strategic Plan (AHSP) is a framework that establishes options guiding the City’s investments in preserving existing affordable housing, preventing the displacement of low-income Brisbane residents, and developing new affordable housing.) 61 Affordable Housing Strategic Plan Page 1 of 4

CITY COUNCIL AGENDA REPORT
Meeting Date: November 16, 2023
From: John Swiecki, Community Development Director
Subject: Affordable Housing Strategic Plan
Community Goal/Result
Community Building; Fiscally Prudent
Purpose
The Affordable Housing Strategic Plan (AHSP) is a framework that establishes options guiding the City’s investments in preserving existing affordable housing, preventing the displacement of low-income Brisbane residents, and developing new affordable housing.

Recommendation
City Council adoption of the AHSP via the attached Resolution.

Background
The draft AHSP is the culmination of over two years of work by the Affordable Housing Subcommittee (Council members Davis and Lentz), consultants ECONorthwest, and staff to address the need to comprehensively and proactively manage the City's affordable housing obligations and opportunities. A detailed timeline of the project milestones is provided in Attachment 3, and relevant prior City Council agenda reports are also attached for reference.

The AHSP is consistent with and implements the adopted 2023-2031 Housing Element specifically related to financing affordable housing programs. Its implementation timeline is tied to the eight-year Housing Element implementation cycle. The AHSP is a living document and is intended to be revisited regularly as the City’s funding priorities and opportunities shift over time.

Discussion
This discussion focuses on Section 3, Analysis of Funding Alternatives, and Section 4, Strategies and Actions.

Section 3: Analysis of Funding Alternatives
This section highlights the variety of revenue sources, both project based and ongoing, to fund various affordable housing policies and projects. Revenue sources are categorized either as internal sources generated by fees, fines, transfers, and taxes, and external sources from other government agencies or organizations (trust funds, nonprofits, etc.).

Internal Sources
Beyond the general fund, the City can adopt dedicated fees charged on new development in the form of either nexus fees or inclusionary housing in-lieu fees. Per 62 G.

Affordable Housing Strategic Plan Page 2 of 4
the adopted Housing Element, the City Council will consider adoption of both types of dedicated fees in 2024.

Other internal sources are include the general fund, specialized tax districts or from the State in the form of matching funds for a local housing trust fund.

Figure 3 evaluates the appropriateness and feasibility of each internal revenue source.

Based on this analysis, the recommendations for internal revenues sources are:
• Update Nexus Studies for Commercial Linkage Fee: In progress • Adopt the Inclusionary Housing Ordinance with an In-Lieu Fee: In progress • Do Not Study an Affordable Housing Impact Fee (fee assessed on new marketrate housing): No action recommended • Evaluate Opportunities for General Fund Discretionary Revenues: City Council may decide in concert with budget cycle
• Engagement with Taxing Districts: Depends on project
• Evaluate Potential for Development Agreements: Depends on project External Sources
External funding sources from the Federal or State government, regional trusts or nonprofits are typically project-based and are often competitive processes. The City would partner with a development partner, like a private nonprofit developer, to apply for available funds for specific projects.

Section 4: Strategies and Actions
Strategies are labeled with a corresponding Housing Element policy or program (as applicable). The summary table provided on page 29 of the AHSP consolidates the strategies and actions, assigns implementation responsibilities, and assesses administrative and financial impacts associated with each action.

Strategies:

A. Increase production of affordable housing
- Direct investment in new affordable housing development - Financial incentives to encourage development of accessory dwelling units (ADUs) - Adoption of regulations to encourage development of naturally affordable housing, consistent with the Housing Element
- Fee deferrals or waivers for affordable housing, consistent with the Housing Element
- Acquisition and assembly of sites for affordable housing B. Preservation
- Funding and financing to acquire or assist nonprofit to acquire existing “naturally affordable” housing and convert to deed-restricted units. - Preserve existing deed-restricted units (inclusionary for-sale and rental, senior housing, other for-sale properties)
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Affordable Housing Strategic Plan Page 3 of 4
- Education and other support for landlords and renters - Rehabilitation program to help low-income homeowners or renters stay in their homes (in progress)
C. Provide access to housing for persons with special needs - Offer additional financial incentives to projects serving special needs populations (fee waivers, density bonuses, expedited approvals, loans or grants) - Fund anti-displacement programs (rental assistance, homebuyer assistance) - Evaluate employer-assisted housing programs to mitigate displacement of Brisbane residents as a result of employment growth
D. Leverage private and outside investment
- Adopt a commercial nexus fee applicable to certain new commercial development (in progress)
- Adopt updated inclusionary housing ordinance that provides alternatives consistent with current State law (in progress)
- Evaluate potential for special purpose business tax to extract revenue from employers to fund affordable housing programs
E. Increase implementation capacity
- Establish relationships with other public agencies, nonprofit housing organizations, and property owners to streamline project opportunities - Augment existing city staff capacity by funding shared housing staff person through San Mateo County HEART (funded in current budget)
Fiscal Impact
Where possible, existing staff time would be used to implement the AHSP’s strategies.

However, some implementation actions would require work by third-party consultants and the budgetary impacts of those specific programs would be presented separately to the Council for consideration. The City’s Low/Moderate Income Housing Fund currently has a fund balance of approximately $4 million, and in the eight-year life cycle of the AHSP it is anticipated that the City will collect additional funds through adoption of dedicated fees and/or development agreements to augment these funds and help to fund ongoing implementation in addition to specific projects or initiatives.

Measure of Success
A framework that guides City investment in affordable housing programs and projects that reflect the community’s values and achieve the City’s affordable housing goals.

Attachments

1. Resolution 2023-XX

2. Draft Affordable Housing Strategic Plan (hyperlink)

3. Timeline of AHSP Milestones

4. May 6, 2021 City Council agenda report
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Affordable Housing Strategic Plan Page 4 of 4

5. July 15, 2021 City Council agenda report

6. March 3, 2022 City Council agenda report
____________________________ _____________________________ John Swiecki, Community Development Director Clay Holstine, City Manager 65 G.

ATTACHMENT 1
Affordable Housing Strategic Plan
RESOLUTION 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

ADOPTING AN AFFORDABLE HOUSING STRATEGIC PLAN
WHEREAS, the City is to meet ambitious affordable housing goals between 2023 and 2031 consistent with the adopted and State-certified 2023-2031 Housing Element of the General Plan; and
WHEREAS, in 2012 with the dissolution of Redevelopment Agencies by the State of California, the City of Brisbane lost a key funding source for the development and administration of affordable housing and other housing assistance programs; and WHEREAS, the City’s remaining affordable housing funds, now housed within the Brisbane Housing Authority (BHA), largely result from sales of property, but with no ongoing funding sources; and WHEREAS, in 2021 the City hired consultants ECONorthwest to develop an Affordable Housing Strategic Plan that evaluates opportunities for affordable housing program funding and provides a framework of strategic actions the City could take to fund its affordable housing programs consistent with the Housing Element; and WHEREAS, opportunities for public input were provided throughout the Strategic Plan development via study sessions at the Planning Commission and City Council; and WHEREAS, the Affordable Housing Strategic Plan is consistent with and helps to implement the 2023-2031 Housing Element of the General Plan, certified by the State of California.

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

Section 1. The City Council adopts the Affordable Housing Strategic Plan, a copy of which is on file in the Community Development Department. _________________________
Madison Davis, Mayor
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ATTACHMENT 1
Affordable Housing Strategic Plan
I hereby certify that the foregoing Resolution No. 2023-XX was duly and regularly adopted at a regular meeting of the Brisbane City Council on November 16, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_________________________
Ingrid Padilla, City Clerk
Approved as to form:
___________________________
Thomas R. McMorrow, City Attorney
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ATTACHMENT 2
Affordable Housing Strategic Plan
Draft Affordable Housing Strategic Plan
68 G.

Affordable Housing
Strategic Plan
City of Brisbane
REVISED DRAFT: OCTOBER 25SEPTEMBER 29, 2023
Prepared for: City of Brisbane
Final Report
9415 Culver Boulevard
Suite 248
Culver City, CA 90232
503-222-6060
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Acknowledgements
Brisbane City Council members (2023):

Karen Cunningham
Madison Davis*
Cliff Lentz*
Coleen Mackin
Terry O’Connell
*Denotes Affordable Housing Subcommittee members
City Staff:

Clay Holstine, City Manager
John Swiecki, Community Development Director
Julia Ayres, Senior Planner
Angel Ibarra, Management Analyst/Deputy City Clerk
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Table of Contents

1. INTRODUCTION.................................................................................................................................................... 1

2. SUMMARY OF HOUSING NEEDS......................................................................................................................... 4

3. ANALYSIS OF FUNDING ALTERNATIVES............................................................................................................. 7

4. STRATEGIES AND ACTIONS...............................................................................................................................19 APPENDIX A: SUMMARY OF FUNDING PROGRAMS .................................................................................................35 APPENDIX B: ANALYSIS OF INCLUSIONARY HOUSING POLICIES ............................................................................54 APPENDIX C: INCLUSIONARY HOUSING PROJECT CASE STUDIES ..........................................................................62 72 G.

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ECONorthwest 1

1. Introduction
Local Context
The City of Brisbane is a small town on the San Francisco Peninsula, just south of San Francisco in the Bay Area. The city encompasses approximately 3.4 square miles and is home to roughly 4,851 residents. Historically, most of Brisbane’s residential development has occurred in Central Brisbane, which is largely built-out with low-rise commercial and residential development.

During the 1990s through mid-2010s, the Northeast Ridge development added 499 housing units. Additions to the housing stock have been limited since.

In recent years, regional economic growth has placed increased pressure on the Bay Area’s housing market, and housing production has not kept pace. This has resulted in a shortage of housing in Brisbane and the region which has seen apartment rents and home prices increase at a much faster rate than income growth, decreasing affordability on the margin.

These economic conditions also come at a time of transformation for the city. The Baylands Subarea is a 660-acre brownfield redevelopment site. In 2018 the City approved ballot measure JJ and adopted a general plan amendment which allows for 1,800 to 2,200 housing units in the Baylands. The city is reviewing a Specific Plan draft for the Baylands submitted by the developer that proposes residential development at the high end of the permitted density range under the General Plan. While the Baylands offers a generational opportunity to improve Brisbane’s housing supply, the project itself comes with its own growth pressures. The Specific Plan proposal also includes over 7 million square feet of commercial space, which will create additional pressures on the housing market resulting from the increased workforce. The Baylands will have to include a variety of housing types at all income levels for housing affordability pressures to be mitigated.

Connection to the Housing Element and Implementation Time Frame
The Housing Element is one of the required elements of the General Plan under California law.

It is the document that guides the city’s policies and decisions with respect to housing development, rehabilitation, and preservation. All jurisdictions in California are required to update the Housing Element on an 8-year planning cycle. Every Housing Element features a Housing Plan that includes policies and programs the City will implement over the planning cycle, with the goal of accommodating its state-mandated Regional Housing Need Allocation (RHNA). The City has adopted its Housing Element for the current planning cycle (6th Cycle).

Over this planning cycle, the City has a goal of accommodating 1,588 housing units, 500 of which are to be suitable for lower-income households. The Housing Plan references the strategies identified in this Affordable Housing Strategic Plan (AHSP) to guide implementation 74 G.

ECONorthwest 2
of programs designed to meet affordable housing needs. The time frame of the AHSP’s strategies is keyed to the 8-year planning cycle of the Housing Element.

Housing Challenges in Brisbane
Some of the challenges to providing affordable housing and housing stability in Brisbane are driven by local factors, while others are driven by larger market forces and are not explicitly unique to the City. This AHSP uses both quantitative and qualitative approaches to identify what the greatest challenges to housing production are in Brisbane. This included a technical review of market data, demographics, and housing needs alongside input from City staff and the City Council’s Affordable Housing Subcommittee. Chapter 4 of the 2023-2031 Housing Element provides a detailed analysis of both governmental and nongovernmental constraints to housing development in Brisbane. Key challenges include:
▪ A lack of housing supply and diversity in housing types. ▪ Competition for funding sources to support affordable housing development. ▪ Accelerating housing price/rent escalation impacts on affordability. ▪ Demand pressure created by expanding economic and commercial uses locally. ▪ Architectural pattern and land use are inconsistent with current market realities. ▪ Lack of vacant developable land.
▪ A need to respond to a shifting state regulatory environment. ▪ Accelerating cost of construction.
▪ Balancing need for new housing with the community’s desire to preserve the scale of development characterized by Brisbane’s historic development pattern.

The evaluation of these housing challenges in Chapter 2 informed the development of the guiding principles and actions in this AHSP.

Guiding Principles for the AHSP
Brisbane is committed to addressing the housing needs of its low to moderate-income families, workforce, and persons with special needs. The overarching principles for the AHSP are to build more housing, diversify housing options, and target resources to less advantaged households. Brisbane uses these principles to ensure that affordable housing strategies in Brisbane:
▪ encourage public and private collaboration;
▪ support the stability of the workforce across all income levels; ▪ are considerate of the built environment and existing community character; ▪ provide opportunities for Brisbane’s residents to stay housed in the community; ▪ support health, safety, and economic mobility; and
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▪ accommodate households with special housing needs, including seniors and persons with disabilities.

Pillars of the AHSP
Built on the foundation provided by the AHSP’s guiding principles, the five “pillars” of the plan provide the strategic framework for AHSP. These pillars organize the strategic actions in the AHSP. Other housing-related policies are included in the City’s housing plan chapter of the General Plan Housing Element. The AHSP includes strategies that:

Increase production of affordable housing. Housing affordability is a direct function of housing production. These strategies remove barriers to housing production and provide incentives and direct actions to reduce costs and encourage desired housing types.

Preserve existing housing stock. These strategies include actions to preserve assets that Brisbane already has and protect the existing housing stock.

Provide access to housing for persons with special needs. The City’s analysis of housing needs identified a growing need to provide a variety of housing types to accommodate special needs populations, especially senior households. These strategies include actions to increase access to affordable housing options for these groups.

Leverage private and outside investment. The City does not have the resources to solve its housing challenges on its own. These strategies include actions to increase the pool of funding sources and leverage investment from private sources.

Increase implementation capacity. These strategies include actions to increase the city’s ability to implement housing policies through increased efficiency and strategic partnerships.

Organization of This Report
This report is organized around three main sections. The first section is a brief overview of existing housing needs and conditions in Brisbane. Because the timing of the AHSP overlapped with the Housing Element Update, this section
pulls key findings from the housing needs
section of the Housing Element. The second
section is an analysis of potential funding
alternatives to increase resources for affordable
housing production and programs. The third
section is an analysis of affordable housing
strategies developed in coordination with
multiple stakeholders, including City staff and
the Affordable Housing Subcommittee. The
final section includes strategic actions and priorities for investing in existing and emerging resources for affordable housing programs.

Report Organization
▪ Summary of Housing Needs
▪ Evaluation of Funding Sources
▪ Affordable Housing Strategies
▪ Appendix A: Summary of Funding
▪ Appendix B: Analysis of the Inclusionary Housing
Ordinance
▪ Appendix C: IHO Case Studies
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2. Summary of Housing Needs
The following narrative is a summary of key conditions relating to affordable housing conditions derived from the Housing Needs Assessment in Chapter 2 of the 2023-2031 Housing Element. The Housing Needs Assessment (HNA) identifies the need for more affordable housing in the city, particularly for special needs populations such as seniors, persons with disabilities, large households, female-headed households, and homeless individuals. The HNA outlines various programs and resources in place to increase the supply of affordable housing, including partnerships with affordable housing developers and nonprofit organizations, the Brisbane Housing Authority’s Low- and Moderate-Income Housing Fund, and rehabilitation and repair programs. A high-level summary of the HNA findings in the Housing Element are included below.

Affordable Housing
Housing costs in Brisbane are high, and many residents experience housing cost burden.
▪ In Brisbane, about 17% of households earn below 30% of the area median income, while 23% earn between 31% and 50% of the area median income (Table 2-32). ▪ Nearly 90% of rental households with a family member with a disability had the highest level of housing problems, which includes cost burdening, regardless of income level (Table 2-31).
▪ The average household size in Brisbane is relatively small at 2.27, and housing units with 3-4 bedrooms account for approximately 41% of all housing units within the City (Table 2-3).

A majority of Brisbane's housing stock is single-family homes. ▪ There is a need for more affordable housing in Brisbane, particularly for low- and very low-income households.
▪ About 59% of all large family households in Brisbane experienced at least one housing problem, while 43% were cost burdened (HUD's 2015-2019 CHAS, Table 2- 31).

Brisbane has several programs and resources in place to increase the supply of affordable housing.

Housing element policies and programs:
▪ The City’s 2023-2031 Housing Element sets forth policies and programs aimed at increasing the supply of affordable housing, particularly for very low-income and lowincome households. These policies and programs include zoning changes, density bonuses, and financial incentives for developers to build affordable housing. 77 G.

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Brisbane Housing Authority’s Low- and Moderate-Income Housing Fund ▪ The Brisbane Housing Authority has established a Low- and Moderate-Income Housing Fund that can provide financial assistance to developers of affordable housing projects, fund the City’s acquisition of sites for housing development, or provide direct assistance to low-income households for stable housing. The current fund balance is primarily the resulting profit from the sale of properties formerly held by the dissolved Redevelopment Agency, wherein the title was transferred to the Housing Authority.

When the City adopts revisions to its inclusionary housing ordinance, which will include adoption of an in-lieu fee, additional funds may be generated by in-lieu fees paid by developers who opt not to include affordable units in their projects.

Partnerships with affordable housing developers and nonprofit organizations ▪ The City partners with affordable housing developers and nonprofit organizations to help develop and maintain affordable housing units in the city. These partnerships provide additional resources and expertise to help increase the supply of affordable housing.

Rehabilitation and repair programs
▪ Thanks to a recent Federal grant, the City will offer rehabilitation and repair programs that will help low-income homeowners make necessary repairs to their homes beginning in 2024. These programs will help to improve the quality and safety of existing housing stock and can help prevent displacement due to unsafe living conditions.

Human Investment Project (HIP) Housing’s transitional housing program ▪ The City of Brisbane contributes to HIP Housing’s transitional housing program for the homeless and extremely low-income households. The program provides temporary housing and supportive services to help individuals and families transition to permanent housing.

Collaboration with the County of San Mateo
▪ The City of Brisbane collaborates with the County of San Mateo to develop programs that provide shelter and services for the homeless. This includes participating in the San Mateo County Continuum of Care and other regional efforts to provide homeless shelters, transitional housing, and supportive housing for homeless households.

Special Needs Populations
▪ About 9% of Brisbane's total population has a disability, and 22% of households have a family member with a disability (2016-2020 ACS, HUD's 2015-2019 CHAS, Table 2-32).

Individuals with disabilities may require a variety of housing types. ▪ This may include rent-subsidized housing, tax credit–financed special-needs housing, modified single-family homes, inclusionary units within larger developments, Section 8 vouchers, and housing specially modified for the medically fragile. 78 G.

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Large households may have difficulty finding adequately sized affordable housing. ▪ Large households, defined as households containing five or more persons, may have difficulty finding adequately sized affordable housing due to the limited supply of sufficiently sized units to accommodate their needs.
▪ Additionally, larger housing units tend to be more expensive, which can present an affordability challenge for families on a tight budget. This can be further compounded by discrimination and other barriers faced by families with children in the housing market.

Female-headed households may face additional barriers to finding affordable and safe housing.
▪ This can be attributed to higher living expenses and limited resources for childcare and job training services.
▪ Approximately 46% of all female-headed households with children were living below the poverty line (Table 2-33).

Homelessness is a continuing and growing crisis in California, and many individuals and families are without permanent housing largely due to a lack of affordable housing.
▪ The number of people experiencing homelessness in San Mateo increased by 21% from 2017 to 2019 but remains less than the homeless individuals counted in 2011 and 2013 (Section 2.1.6).
▪ In San Mateo County, 305 homeless individuals reported being challenged by severe mental illness, and of those, approximately 62% are unsheltered (Figure 43 of Appendix D).
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3. Analysis of Funding Alternatives
Purpose and Context
The City of Brisbane (the City), like other jurisdictions across California, is navigating a housing market that continues to experience housing prices outpacing incomes, demand outpacing supply, and new regulatory environments (e.g., new housing element laws) that direct jurisdictions to increase production of affordable housing. Simultaneously, long-time residents feel cautious about new development, while newer residents and lower-income residents struggle to find affordable housing near their workplaces.

The dissolution of redevelopment agencies in California has left a void in direct local funding sources for affordable housing. This chapter of the AHSP includes an evaluation of potential funding sources the City may consider to fund its affordable housing programs. The timing couldn’t be better for the City to take on this challenge. State and federal administrations have taken note of a national housing crisis, transforming the policy and funding environment. At the same time, Brisbane finds itself on the path of new commercial growth in its commercial districts and mixed-use development in the Baylands Subarea. The reimagining of the Baylands1 as an urban district specifically will create a new generation of opportunity for Brisbane residents. This presents both an opportunity and a responsibility for the City to leverage public and private investment to deliver a variety of housing types at all income levels.

Affordable housing funding sources are available to the City from federal, state, local, and nongovernment entities to aid the implementation of the AHSP. Potential funding falls into two broad sources:
• Internal: Sources of revenue that are generated by fees, fines, transfers, and taxes via the regulatory powers of the local jurisdiction. The use of revenue is determined by state and local laws and includes a range of services that can be provided to the public. • External: Sources of funding that are obtained by a local jurisdiction for various uses (e.g., affordable housing development) through an application process, typically a Notice of Funding Availability (NOFA). Funding is generated from government entities (Federal, State, County) or nongovernment entities (foundations, corporations, etc.) with the commonality between funding sources being that none originate via the regulatory powers of the local jurisdiction.
1 The Baylands is an approximately 660-acre subarea of the City located directly east and north of Central (developed) Brisbane. This subarea is currently undergoing a specific planning process to allow for development of 1800-2200 residential units and up to 7 million square feet of commercial development. 80 G.

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Internal (local) Revenue Sources
Locally controlled funding sources may collect revenue from fees, tax increment set-asides, discretionary local revenues, and other sources. Below are descriptions of each revenue source.

Dedicated Fees
Dedicated housing fees include commercial linkage fees, housing impact fees, and in-lieu fees from inclusionary housing ordinances. Each of these fees produce revenue needed to address increased housing demand created by additional jobs that are produced through commercial and residential development.

Commercial Linkage Fees and Affordable Housing Impact Fees The City can charge developers a fee that would help accommodate the increased demand for affordable housing created because of new commercial development. The rationale behind commercial linkage fees is that increased economic activity creates affordable housing need that should, in part, fall on private development to accommodate. A commercial linkage fee can be assessed on all nonresidential development or specific development types. It is applied on a per-square-foot basis. Affordable housing impact fees function similarly by assessing a fee on market-rate residential development.

Suitability for Brisbane: Linkage and impact fees as a value-capture mechanism work best in markets that are experiencing robust growth (or about to) and exhibit strong real estate market fundamentals. This is clearly the case in Brisbane looking forward. Brisbane also does not have major political barriers to implementing impact fees.

Using these mechanisms for funding may have downside risks. If fees are set too high, then they can have the adverse effect of stagnating development activity altogether. In areas where there are market substitutes, impact fees may also crowd out investment that will divert to other cities. However, Brisbane’s growth outlook is tied to local competitive advantages, and many cities in San Mateo County also have commercial linkage or impact fees. This reduces the risk of crowding out investment.

Implementation Steps: To establish a linkage fee, a nexus study must first be completed. 2 The purpose of the nexus study is to establish the connection between the proposed fee and the development the fee is to be imposed on. In 2015, as part of a countywide effort, the City initiated a feasibility study with consultants to evaluate the feasibility of a commercial linkage fee and housing impact fee. The feasibility study for the commercial linkage fee was updated in 2020. 3 The City has already initiated a new nexus study to calculate an updated housing impact fee appropriate for the current demographic and development landscape. This process will be 2 Terner Center for Housing Innovation. 2020. Improving Impact Fees in California: Rethinking the Nexus Study Requirement. https://ternercenter.berkeley.edu/wp-content/uploads/2020/12/Nexus_Studies_November_2020.pdf 3 Vernazza Wolf Associates. 2015. Commercial Linkage Fee Nexus Study. City of Brisbane. 81 G.

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completed in 2023. In addition to required nexus studies, the City should evaluate if a phasing schedule or exemptions for specific development types are appropriate.

In-lieu Fees from an Inclusionary Housing Ordinance
Brisbane currently has an inclusionary housing ordinance (IHO) that requires set-asides for affordable housing. An evaluation and recommendations with respect to Brisbane’s updated ordinance draft is included in Appendix B. An in-lieu fee as a part of an IHO would waive the affordable unit requirements for housing developers that opt in, so long as they pay a fee instead. These fees, along with the commercial linkage fees, would fund the Housing Authority’s Low- and Moderate-Income Housing fund that nonprofit housing developers could access as a source of capital for their affordable housing projects in the city.

Suitability for Brisbane: Lackluster development activity in Brisbane is more likely to be a function of limited developable land in Central Brisbane than potential constraints of the IHO.

That said, offering an alternative to providing inclusionary units on-site is good policy and required by state law for rental housing. The most common alternative used by cities in California is an in-lieu fee. It is recommended that Brisbane offer a fee as an alternative.

However, development in Central Brisbane is likely to be small scale in perpetuity. We would not consider the revenue-generating capacity of in-lieu fees to be significant. Therefore, in setting an appropriate fee level, the City should consider affordable housing objectives for Central Brisbane. If delivery of units in Central Brisbane is preferred over control of funding resources, then the City should provide incentives to ensure that it is financially feasible for developers to deliver new residential projects with on-site affordable housing units.

Implementation Steps: To establish an in-lieu fee, the City should conduct an analysis to determine an appropriate fee level and/or any exceptions. A fee that is too high will not be a viable alternative for development that is infeasible with the IHO requirements. A fee that is too low will encourage developers to only use the fee and could result in less affordable housing production than could have occurred. The city can include in-lieu fees alongside other alternatives in the adoption of its IHO ordinance, such as providing off-site affordable housing units and incentives (e.g., density bonuses, tax abatements, and reduced parking requirements).

Tax Increment Financing
Redevelopment agencies (RDA) were dissolved in California in 2012. RDAs were formerly one of the primary tools for jurisdictions to raise resources for affordable housing using tax increment financing (TIF); tax increment financing is a value-capture mechanism that generates revenue by capturing a share of the increase in total assessed value from the time the district is first established. As property values increase in the district, a share of the increase in property taxes can be used to fund projects or affordable housing or pay off bonds against the revenue.

However, some tax increment financing tools are still available in California, although they have yet to be broadly implemented. The most common types are Enhanced Infrastructure 82 G.

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Finance Districts (EIFD), Community Revitalization Investments Areas (CRIA), and Infrastructure Financing Districts (IFD), described in Figure 2 below.

Figure 2: TIF Revenue Generating Stream Analysis
CRIA
Community Revitalization &
Investment Authority
(2015)
IFD
Infrastructure
Financing District
(1990-1991)
EIFD
Enhanced
Infrastructure
Financing District
(2014)
IRFD
Infrastructure &
Revitalization
Financing District
(2014)
Taxing Entities Any local taxing entity except schools
Control Separate governing body
Sponsoring
community
legislative body
Public Financing
Authority
Sponsoring
community
legislative body
Voter Approval No Yes 2/3 of voters or
landowners No Yes 2/3 of voters or landowners
Property
Requirement
No blight requirement,
Income and economic limits
No blight or specific
restrictions
No blight or specific
restrictions
No blight or specific
restrictions. Can be
noncontiguous
Affordable
Housing
Requirement
25% of $, housing
replacement, inclusionary
Housing
replacement,
inclusionary
Housing
replacement
Housing
replacement,
inclusionary
Eligible Activities
• Rehab infrastructure
• Provide affordable
housing
• Acquire property
• Issue bonds
• Make loans or grants.

Focus on
infrastructure and
public facilities
investments.
• Transportation Infrastructure
• Water and wastewater treatment
• Public facilities (libraries, childcare, parks)
• Brownfield restoration and mitigation
• Acquisition, construction, and rehab of
housing for affordable housing.
• Commercial and industrial structures.
• Transit priority
projects
• Port infrastructure
(SIFD)
• Finance
planning/design
• Implement
Sustainable
Communities
Strategy
Can the entity
supplant existing
facilities/
services?
No limitation No No Yes, if facilities are
nonfunctional
Suitability for Brisbane: Value-capture mechanisms only work when there is future development that triggers reassessment of property values and subsequent increased property tax revenue. As such, establishing a district on all or part of the Baylands Subarea would be appropriate given the expected development within the subarea pursuant to the Baylands Specific Plan. This tool is likely not suitable for Central Brisbane due to the fragmented property ownership and other constraints limiting wide-scale redevelopment of older properties.

One of the limitations of these tools is that they require voluntary participation by taxing entities within the TIF districts. While cities can contribute a share of the property tax revenue it receives from the district, this typically does not provide meaningful revenue and needs to be 83 G.

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supplemented with other taxing entities opting in. A city can partner with the county on the TIF district to capture a portion of the county’s share of property tax in the district, and Los Angeles and Orange Counties have partnered with cities on districts before. Education districts are prohibited from participating in a TIF district. The potential in Brisbane may also be limited by Measure JJ, which requires development in the Baylands to be cost neutral to the City. This may limit the City’s ability to opt in to a tax increment financing district in the Baylands.

Implementation Steps: To establish a district such as an EIFD, the boundaries of contributing taxing districts must be identified. All non-school taxing districts that are contributing their tax revenues must approve the creation. In the case of an IFD or IRFD, voter approval is required.

For all the mechanisms, having community support is crucial because the community can halt a TIF district through a vote or a protest. Afterward, a feasibility study must be completed to assess future property values and the tax increment structure for involved agencies, in addition to identifying other sources of funds besides the funds generated from the district. Finally, cities must complete a plan detailing program investments.

Public Safety Vital Services Sales Tax
Local jurisdictions in California are allowed to adopt local sales tax measures above and beyond the state sales tax rate. For example, in 1988 San Mateo County voters approved Measure A (a half-cent sales tax for transportation facilities and roads) and in 2019 Measure M created a similar tax also for transportation (congestion relief). Some jurisdictions have elected to also create local tax rates for public safety and vital services (PSVS). Some cities define investment in affordable housing under this classification. In one example, voters in the City of Bakersfield approved Measure N in 2018 to create a one-cent PSVS sales tax. In 2021, the City adopted a resolution to use $5 million in PSVS funds annually to capitalize an Affordable Housing Trust Fund.

Suitability for Brisbane: The income generating potential could be high. In 2021 Brisbane had over $435 million in taxable transactions.
4 A half-cent tax on this amount would raise $2.1
million annually. Looking forward, increases in commercial development in Brisbane for the Baylands and Sierra Point will drive taxable transactions considerably higher, as these developments will bring a significant amount of employees to the city and increase the daytime population. While sales tax revenues benefit from capturing nonresident spending, they also have a disproportionate impact on lower-income residents who spend a larger share of their incomes on taxable goods and services.

Implementation Steps: Establishing a PSVS sales tax would require a ballot measure for local approval. Brisbane’s total sales tax rate is already 9.375%. There are 21 cities in San Mateo County with the same sales tax rate as Brisbane and 10 cities that currently have a higher rate (the current highest rate is 9.875%); however, no jurisdiction is lower than Brisbane. 4 https://www.cdtfa.ca.gov/dataportal/charts.htm?url=TaxSalesCRCityCounty 84 G.

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Discretionary Local Revenues
Discretionary local revenues are nonrestricted funds that the local government can choose to use for a variety of uses, typically maintained in the City’s General Fund. However, discretionary local revenues are typically already reserved for other services provided by the city. Use of existing/projected general fund revenue for affordable housing would require diversion from other spending priorities.

Suitability for Brisbane: Brisbane is a fiscally prudent City with consistently balanced budgets and conservative reserve funding policies to ensure the City can balance its budget in times of economic recession and decreased general fund and special fund revenues. The COVID-19 pandemic led to significant decreases to the City’s general fund revenues, particularly in the areas of transient occupancy tax (TOT), as hotel stays dropped precipitously, and sales tax also with the exit of one of the City’s highest sales tax revenue generators. As a result, the City dipped in to reserves to adopt a balanced budget without any service disruptions or staffing reductions. Considering the anticipated slow return to “normal” tax revenues for the coming years, and given the City’s overall economic philosophy of maintaining existing levels of service and staffing, there do not appear to be meaningful opportunities for the City to reprogram existing general funds to affordable housing.

Implementation Steps. To use discretionary local revenues, the City would need to identify the amount of funds needed and how funds would be used for affordable housing purposes (e.g., gap financing, land acquisition, rehabilitation, etc.). The City would then need to consider its budget priorities to determine which funds are the most viable sources to pull from and how much funding can be dedicated to affordable housing purposes.

Local Affordable Housing Trust Fund
A local affordable housing trust fund (LAHTF) is not necessarily a new funding source but more of a mechanism for aggregating funding from various sources with a dedicated plan for sustainable management and disposition. Trust funds have the advantage of flexibility compared to other sources of revenue that have stricter use requirements.5 While the method of administration varies (government or private nonprofit), an affordable housing trust fund is designed so that there is an ongoing stream of revenue. State matching funds are also available.

Suitability for Brisbane: The primary advantages of an LAHTF are flexibility, control of investments, and opportunities for leveraging other funding sources. If Brisbane creates new local funding streams, creating a local trust fund could be a good administrative mechanism.

Brisbane is already a member agency of HEART of San Mateo, a regional housing trust fund organized as a JPA with all San Mateo cities and the county as member agencies. However, contributing city funds beyond its operational commitment is not likely to have positive return 5 Institute for Local Government. 2007. Establishing a Local Housing Trust Fund: A Guide for California Officials. 85 G.

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in terms of new affordable housing development in the City limits due to the regional nature of HEART’s funding programs.

Implementation Steps. The City would first conduct a feasibility study to identify one-time and long-term funding sources, understand the composition of the funds and where they were being received from, recommendations for use of funds based on the affordable housing strategic plan, and near-term actions for expansion and/or implementation. Voter approval isn't required, and the fund can be established by Council resolution.

Evaluation
In considering adoption of local funding sources, the City should consider the balance of implementation and administration against revenue-generating potential and suitability to meet the City’s affordable housing goals. In the matrix below, we summarize and categorize each of the funding tools above with respect to the following criteria:

Ease of Implementation. Difficulty in administrative process of implementing, considering requisite research/studies and approval process.

Political Palatability. Consideration of political/community sensitivities.

Revenue-Generating Potential. Order of magnitude potential for generating revenue for affordable housing programming.

Flexibility. Consideration of use of funds. Some funds may be limited to a specific purpose.

Potential Adverse Impacts. Consideration of downside risks and unintended consequences.

Potential adverse impacts could include disruptions to real estate markets impacting feasibility, distributional impacts of funding and benefits, or other factors.

Figure 3: Revenue Generating Stream Analysis
Funding Source Ease of
Implementation
Political
Palatability
Revenue
Potential
Flexibility Adverse Impact
Risk
Commercial
Linkage Fee Moderate Low Barrier Potentially High Mixed High Housing Impact
Fee Moderate Low Barrier Mixed Mixed High
IZ In-Lieu Fee Low Barrier Low Barrier Low Mixed Uncertain Tax Increment
Financing Challenging Challenging Mixed/ Uncertain Low Low PSVS Tax Challenging Challenging High High Moderate
LAHTF Low Barrier Low Barrier Uncertain High Low
Discretionary
Revenues Moderate Moderate Low High Moderate
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Recommendations
There is no one appropriate path to selecting a set of consistent revenue tools for affordable housing. The selection of revenue tools is largely based upon a combination of a city’s affordable housing goals and priorities and the trade-offs a city is willing to make to achieve those goals and priorities. The evaluation framework above provides some context to these trade-offs from which we derive the following recommendations:

Update Nexus Studies for Linkage and Impact Fees
A commercial linkage fee program could be successful in Brisbane given the expected and planned commercial developments. The City should conduct the necessary research to update its nexus studies to identify an appropriate fee level. In order to increase the chances of a successful fee program while not negatively impacting development the City should select a fee rate that is well below the maximum supportable rate to minimize risk of market disruption.

Adopt the Inclusionary Housing Ordinance with an In-Lieu Fee Including an in-lieu fee as an alternative in the City’s IHO is recommended. The City should conduct the necessary nexus study to establish a legally defensible fee.

Do Not Study an Affordable Housing Impact Fee
An Affordable Housing Impact Fee on residential development would operate like an inclusionary in-lieu fee. Because the City is implementing an in-lieu fee, an impact fee is not necessary.

Evaluate Opportunities for Discretionary Revenues
A low-barrier action would be to explore discretionary spending priorities to determine if there is capacity for additional investment for affordable housing. This could be identification of onetime allocations or ongoing allocations. Identified revenues could be used to capitalize a local housing trust fund.

Engagement with Taxing Districts
Tax increment districts work well when investments in an area directly benefit the development in that area. This is the case with the Baylands. An EIFD in all or part of the Baylands would be able to provide investment in infrastructure as well as resources for affordable housing. The City should begin engaging with taxing districts to determine the potential opt-in rate and assess revenue-generating potential.

Evaluate Potential for Development Agreements
Under any of the local revenue sources evaluated, a significant share of future revenues will be derived out of future development activity at the Baylands. The Baylands currently does not 87 G.

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have underlying entitlements. Ensuring that development in new districts like the Baylands meet the objectives of the local community is often better resolved through negotiated development agreements rather than broad stroke policies. The City should explore its opportunities and the trade-offs associated with specially negotiated agreements vis-à-vis local value-capture mechanisms.

External Funding Sources
There are a variety of federal, state, local, and philanthropic housing programs that the city can pursue independently or through a partnership with a developer to increase affordable housing production. This section details these funding sources, organized by the type of entity providing the grant or program. See the Appendix A for a detailed table of all funding sources.

Federal and State Funding
US Department of Housing and Urban Development (HUD) Funds: HUD has several grant programs available for cities and nonprofit organizations for development of affordable housing and provision of housing services. Most directly relevant to the City of Brisbane would be the Community Development Block Grant (CDBG), which awards grants to cities and states annually to fund housing and economic development for low- and moderate-income people.6 As a non-entitlement area, Brisbane would not be eligible to receive funds directly from HUD but could receive the CDBG funding that HUD provides to the state or to San Mateo County.

The City could also partner with nonprofit organizations to apply for the HOME Investment Partnership program, which would allow them to acquire, construct, or rehabilitate housing suitable for target populations. Though HUD also administers an Assisted Living Conversion program and an Emergency Capital Repairs program—both of which are similar in purpose to the HOME Investment Partnership program—these two programs have not issued notices of funding availability in recent years. If the City was interested in helping provide housing services, it could also partner with nonprofit organizations to apply for the Emergency Solutions Grant program, Housing Opportunities for Persons with AIDS, or Shelter Plus Care grants.7
California Housing Finance Agency (CalHFA) Funds: The CalHFA offers housing assistance programs, conventional loans, and other loan and grant programs directly to recipients who need housing assistance. The City could recommend these programs in addition to any housing services it already provides. The MyHome Assistance program offers housing assistance for both first time and low- and moderate-income homebuyers, and the Section 811 Project Rental 6 US Department of Housing and Urban Development.
https://www.hud.gov/program_offices/comm_planning/CDBG/faqs 7 US Department of Housing and Urban Development. 2020. HUD Programs. https://www.hud.gov/sites/dfiles/Main/documents/HUDPrograms2020.pdf 88 G.

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Assistance program provides rental assistance for lower-income households.8 The CalHFA and CalPLUS loan programs provide first mortgage loans insured through private mortgage insurance. Recipients of these loans must meet CalHFA income limits for the program and complete homebuyer education counseling.9 CalHFA also offers an ADU grant, which provides up to $25,000 to reimburse predevelopment costs associated with the construction of an ADU.10 The borrower’s income level must be below 80% of the Area Median Income (AMI) or meet other listed income requirements instead.

California Housing and Community Development (HCD) Funds: California HCD provides grants to organizations for housing assistance programs that meet a variety of needs for different populations. Many of the programs give grants and low-interest loans to cities, counties, and nonprofit community development organizations to achieve new construction, rehabilitation, acquisition, and preservation of affordable housing within a jurisdiction. The Golden State Acquisition Fund, Multifamily Housing Program, and the Affordable Housing and Sustainable Communities Program represent just a few of these grants.11 California HCD also awards funding to local governments and nonprofits for them to offer loan programs and other housing services such as relocation, housing navigation, transitional housing, and veterinary services. Many programs are tailored to partnerships between a local government and a developer; see the external funding spreadsheet in the Appendix for program specifics.

Office of State Treasurer: The Office of State Treasurer administers two California Tax Credit Allocation Committee (CTCAC) funds and one California Debt Limit Allocation Committee fund. One CTCAC fund provides a Low-Income Housing Tax Credit for persons seeking housing, developers building housing, and owners and managers of existing tax credit projects.12 The other CTCAC fund offers a Historic Rehabilitation Tax Credit to entities providing or developing rental housing rehabilitation, mixed-use projects, and seismic strengthening projects. Among other programs, the CDLAC has a Qualified Residential Rental Project program that assists developers of multifamily rental housing units with acquisition and construction of new units or with purchase and rehabilitation of existing units.13 Regional Funding
The City of Brisbane can utilize the following funding sources that are made available through San Mateo County; most beneficiaries of this funding are developers. Through these sources the 8 CalHFA. MyHome Assistance Program. https://www.calhfa.ca.gov/homebuyer/programs/myhome.htm and CalHFA. Section 811 Rental Assistance. https://www.calhfa.ca.gov/multifamily/section811/index.htm 9 CalHFA. Conventional Program. https://www.calhfa.ca.gov/homebuyer/programs/conventional.htm 10 CalHFA ADU Grant Program. https://www.calhfa.ca.gov/homebuyer/programs/adu.htm 11 California HCD. Programs: Active. https://www.hcd.ca.gov/grants-funding/active-funding/index.shtml 12 CTCAC. Low-Income Housing Tax Credit. https://www.treasurer.ca.gov/CTCAC/tax.asp 13 CDLAC. Qualified Residential Rental Project program. https://www.treasurer.ca.gov/cdlac/applications/qrrp/index.asp 89 G.

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City can strengthen its role as an information clearinghouse for developers and residents that are eligible for assistance programs.

San Mateo County Department of Housing: The primary source of local funding for the city is available through the San Mateo County Department of Housing. In addition to several individual-level voucher and assistance programs, the San Mateo County Department of Housing also offers a few programs that help developers increase affordable housing. The Farm Labor Housing program has grants and loans available to developers for construction of new farmworker housing units or rehabilitation and replacement of existing farmworker housing units.
14 The No Place Like Home program uses bond proceeds to invest in the development of permanent supportive housing for persons who need mental health services and are experiencing or are at risk of homelessness.
15 If the City were to invest in an affordable housing
development effort, these two programs could be particularly useful.

San Mateo Affordable Housing Fund: In 2021, California approved $57 million in funds for this program to help developers acquire and preserve the affordability of existing multifamily buildings within the County that are rented at below-market rates and are not currently subject to rent restrictions.16 The fund is administered by the County’s Department of Housing.

Housing Endowment and Regional Trust of San Mateo County (HEART): HEART administers a QuickStart Loan and a SemiPerm Loan for developers that create and preserve affordable housing. While QuickStart provides short-term, quick-turnaround loans to help developers with the early stages of project development, the SemiPerm Loan program offers a 15-year loan for developers with more complex project needs and owners of existing affordable housing developments that need to preserve affordability or need rehabilitation.17 Philanthropic Funding
There are several local philanthropic organizations that provide grants to nonprofit housing developers to fund affordable housing development. While the City is not the recipient of the funding, it is still valuable for the City to know about these programs in order to consider a comprehensive approach to its affordable housing strategy and to be informed for discussions with developers and nonprofit agencies.

Bay’s Future Family of Loan Funds provides two different grant programs that nonprofit housing organizations can apply to. The City could offer to invest in a nonprofit affordable housing development that makes use of the Bay’s Future Fund or Community Housing Fund.

The Bay’s Future Fund is a $500 million loan fund that serves five counties in the Bay Area and 14 San Mateo Department of Housing. Farm Labor Housing program. https://housing.smcgov.org/agriculturalworkforce-housing 15 San Mateo Department of Housing. No Place Like Home. https://housing.smcgov.org/no-place-home 16 San Mateo Affordable Housing Fund. https://housing.smcgov.org/ahf9-nofa 17 HeartofSMC. Developer Loans. https://www.heartofsmc.org/programs/for-developers/ 90 G.

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invests in affordable housing serving families making 0-120% of the Area Median Income.18 Similarly, the $150 million Community Housing Fund provides loans to five Bay Area counties, including Alameda, Contra Costa, San Francisco, San Mateo, and Santa Clara Counties, for affordable housing projects and supportive housing built for extremely low-income families. 19 The Housing Industry Foundation’s Renovation Program supports nonprofit agencies in San Mateo and Santa Clara Counties by completing small and large-scale renovations at no cost to the agency so that agencies can focus their budgets on running programs.20 Eligible nonprofit agencies must provide either permanent, transitional, or temporary housing and safe environments for individuals and families experiencing homelessness.

The Bay Area Preservation pilot program and Housing for Health fund recently came to fruition due to a partnership between Enterprise Community Partners and Kaiser Permanente.

The two partners have dedicated $50 million toward the Bay Area Preservation pilot program and another $85 million for a private equity Housing for Health Fund, both of which have so far helped preserve 814 homes.21 These programs are available to several counties, including San Mateo, with 51 percent of funds targeted to the city of Oakland. The programs will help developers acquire and preserve existing affordable rental housing and prevent displacement of residents from their homes. While these programs do not target resources to cities, it is important for cities to know these programs exist when thinking about all of the tools that can be used to implement their affordable housing strategy.

The Apple Affordable Housing Fund was similarly developed through a partnership between Apple and the Housing Trust Silicon Valley. In 2021, the fund supported developers in creating affordable housing units, with priority given to those that are developed for vulnerable populations at the lowest AMI levels.22 The units will have long-term affordability restrictions. 18 The Bay’s Future Fund. Bay’s Future Fund. https://baysfuture.org/wp-content/uploads/2021/03/BFF-1-Pager_FIN-1- 3-10-21-PBF-Website.pdf
19 The Bay’s Future Fund. Community Housing Fund. https://baysfuture.org/wp-content/uploads/2020/12/CHF-1- Pager_FIN.pdf
20 Housing Industry Foundation. Renovation Program. https://www.hifinfo.org/programs/renovation-project/ 21 Enterprise Community Partners. 2019. Enterprise and Kaiser Permanente Announce New Funds. https://www.enterprisecommunity.org/blog/enterprise-kaiser-permanente-announce-new-funds 22 Housing Trust Silicon Valley. Apple Affordable Housing Fund: A New Commitment to Affordable Housing. https://secureservercdn.net/198.71.233.138/gzl.ab0.myftpupload.com/wp-content/uploads/2021/03/Apple-AffordableHousing-Fund-RFI-Preview-FINAL-PDF.pdf 91 G.

City of Brisbane AHSP
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4. Strategies and Actions
The AHSP strategies and actions set forth in this Section bridge the policies of the City’s Housing Element to the pillars established in Section One, resulting in a high-level blueprint that sets a direction for affordable housing programs over the 8-year RHNA cycle. They include 21 strategic actions organized by the five foundational pillars of the plan. These are actions designed to move Brisbane forward in addressing its identified affordable housing challenges.

Strategies and actions are intended to complement existing and proposed housing strategies and programs in the City’s Housing Element Housing Plan. In the strategies below, relevant Housing Element programs are identified. These strategies were developed through ▪ coordination with the Affordable Housing Subcommittee; ▪ insights from City Staff;
▪ technical analysis presented in this Plan and its appendices; and ▪ research on best practices from other communities across the state.

A.Increase production of affordable housing
Housing affordability is a direct function of housing production. These strategies remove barriers to housing production and provide incentives and direct actions to reduce costs and encourage desired housing types.

A-1: Subsidize Affordable Housing through Direct Funding (2.D.1; 2.E.6; 2.F.4) Through this strategy, the city will establish methods to subsidize the costs of affordable housing development through financial incentives and direct subsidy. The city will establish guidelines for the share of existing funding sources like the Low/Mod Housing Fund and new funding sources implemented through this AHSP that should be dedicated to direct funding through fee subsidies, predevelopment and construction grants or loans, or land donation or subsidy alongside Strategy A-5 below.

Actions:
▪ Annually develop estimates of funding sources and resources that are available and should be reserved for direct investment in affordable housing. ▪ In coordination with Strategy (E-1), create informational materials to distribute to affordable housing developers about city resources for affordable housing. ▪ Advertise public land available for land donation through RFQs and RFPs as sites are available.
92 G.

City of Brisbane AHSP
ECONorthwest 20
▪ Create an incentive program comprised of waivers and grants that is available for market-rate development to encourage inclusionary set-aside rates above the minimum thresholds included in the Inclusionary Housing Ordinance A-2: Support for Middle Housing (2-A-5; 2-A-6; 2-A-10; 2-D-2; 2-E-2; 2-E-3) Middle housing types offer the opportunity to deliver low and moderately priced housing naturally in units that are not regulated. Through this program the City will take actions through changes in land use, dedication of financial resources, and regional coordination to encourage the development of middle housing types.

Actions:
▪ Conduct an analysis of zoning districts to identify where a reduction of minimum lot sizes may be appropriate to encourage development of tiny homes, rowhomes, bungalows, or other similar developments and adopt new zoning where appropriate.

The analysis should consider the potential intersection of ministerial lot splits permitted under Government Code Section 66411.7 and should consider site characteristics including but not limited to topography, improved right-of-way widths, and proximity to transit and community amenities.
▪ Create a comprehensive Accessory Dwelling Unit fee waiver program and program funds through the biennial budget process. Publicize the program through means specified in the 2023-2031 Housing Element.
▪ Discuss and identify options for contributing funds to a regional ADU loan program with 21 Elements and San Mateo County HEART for homeowners to construct an ADU that is held affordable for extremely low-income households for 15 years. Market to Brisbane property owners through means specified in the 2023-2031 Housing Element. ▪ In the absence of a regional ADU loan program, evaluate the feasibility and impact of developing a City ADU construction loan program with funding supplemented by CalHome funding annually or as notices of funding availability are released. The evaluation could include a comprehensive review of similar ADU loan programs in other jurisdictions in the Bay Area, an analysis of typical ADU construction costs in Brisbane and return on investment calculations for ELI household rental payments, and consideration of site characteristics that may be appropriate (e.g., steep slopes, substandard rights-of-way).

A-3: Encourage Innovative Construction Types
Construction costs across the Bay Area have increased rapidly over the last decade, constraining development and making affordable housing development marginally less feasible. Through this strategy, the city will implement regulatory changes to enable and encourage the use of innovative construction typologies and materials. Examples include modular housing and cross-laminated timber. The technologies are being increasingly explored to reduce construction costs and subsidies required for affordable housing.
93 G.

City of Brisbane AHSP
ECONorthwest 21
Actions:
▪ Review the existing zoning and building codes and development standards to identify barriers to innovative construction typologies.
▪ Explore zoning and building code amendments to allow and encourage innovative construction types.

A-4: Establish a Fee Deferral Program for 100% Affordable Development The City imposes fees on development to mitigate the impact on public services that development creates. Collectively, fees can add considerable cost to a development project.

Through this strategy, the city will create a fee assistance program to incentivize desired development types in the form of deferrals or waivers. This program could be supported through the city’s Low/Mod housing fund or through newly established resources identified in this plan.

Actions:
▪ Establish a fee deferral program for 100% affordable projects that allows developers to pay fees at certificate of occupancy rather than at permitting. (Implements programs

2.D.1 and 2.F.7.)
▪ Establish guidelines and funding allocations for a program that will waive or discount fees for inclusionary units offered in addition to minimum set-asides.

A-5: Acquire and Assemble Developable Sites (2-F-3)
Through this strategy, the City will create processes to identify, purchase, and dispose of public land for affordable housing development. The purpose of this strategy is to use the city Low/Mod housing fund to strategically assemble sites that are more feasible for affordable housing development and to draw down the cost of affordable housing through land subsidy.

Actions:
▪ Identify any existing surplus parcels owned by the city that could be used for affordable housing. Explore adjacent parcels to assess opportunities for site assemblage. ▪ Create a process to monitor land/site listings and opportunities annually and do proactive outreach to landowners.
▪ Evaluate and select a robust menu of alternatives to constructing affordable housing units through the inclusionary housing ordinance update. ▪ When a site or sites are assembled, sell or lease publicly owned land at below-market rates to incentivize affordable housing development, in compliance with the Surplus Lands Act.
94 G.

City of Brisbane AHSP
ECONorthwest 22
B. Preservation
These strategies include actions to preserve assets that Brisbane already has and to protect the existing housing stock.

B-1: Protect Naturally Occurring Affordable Housing
Through this strategy, the City will provide funding and financing alternatives for the acquisition or rehabilitation of existing unsubsidized low-income housing units (“naturally occurring affordable housing”) to increase the supply of deed-restricted affordable housing and help low-income households stay in their homes. This strategy would explore alternatives for rent protection measures and expanding rehabilitation programs for lower-income units.

Implementation of this strategy should include collaboration with developers and nonprofit organizations with technical and financial expertise in addition to outreach with tenants and community groups.

Actions:
▪ Develop a preservation substrategy that includes developing an inventory of target properties and nonprofit partners.
▪ Provide direct funding to nonprofit organizations and/or the Brisbane Housing Authority to acquire and convert properties.

B-2: Preserve Existing Deed-Restricted Units (3-A-1)
Through this strategy, the City will subsidize deed-restricted projects that may be at risk of conversion to market rate due to expiring covenants. This strategy will require collaborating with existing property owners, developers, and potential mission-driven nonprofit organizations. It may also require local financial commitments for funding or financing acquisition or rehabilitation.

Actions:
▪ Create a database of deed-restricted properties in Brisbane that includes unit count, affordability level, and expiring covenant dates.
▪ Establish an early warning/monitoring system for deed-restricted units at risk. ▪ Make funding available for expiring deed-restricted projects.

B-3: Provide Tenant and Homeowner Education and Support (3-A-1) Through this strategy, the City will directly provide or subsidize housing education services for low-income tenants and homeowners. This strategy commonly requires collaboration with a nonprofit organization or partner with the specialized expertise to provide these services.

Actions:
▪ Evaluate the range of needs and services that would be most beneficial to Brisbane residents through community outreach.
95 G.

City of Brisbane AHSP
ECONorthwest 23
▪ Allocate funding sources to organizations that provide homeowner financial literacy training, foreclosure counseling, tenant-landlord mediation, home sharing matching and facilitation, and rehabilitation program technical assistance. (1.A.2) B-4: Establish a Rehabilitation and Retrofit Program (3-A-4; 4-B-2) Through this program, the City will establish a retrofit and rehabilitation program with the goal of preserving the existing lower-income housing stock (including naturally occurring affordable housing) and improving health and safety. This program will provide loans or grants to qualifying landlords and property owners.

Actions:
▪ Program earmarked Federal grant funds received in FY 2021-2022 to provide financial assistance in the form of loans or grants to retrofit existing units for low-income and special-needs households.
▪ Explore the viability and effectiveness of funding and participating in established Countywide rehabilitation programs as Federal grant funds are expended.

C. Provide access to housing for persons with special needs The City’s analysis of housing needs identified a growing need to provide a variety of housing types to accommodate special-needs populations, especially senior households. These strategies include actions to increase access to affordable housing options for these groups.

C-1: Ensure that the Baylands Development offers a variety of housing types and affordability levels (2-B-1)
Redevelopment of the Baylands Subarea into a new mixed-use neighborhood is the greatest opportunity to provide a variety of housing types that meet a broad range of housing needs in Brisbane. Through this strategy, as a part of development agreements and approval of the Baylands Specific Plan, the city will ensure that the Baylands development includes provisions to provide units for seniors or persons with disabilities or other special needs, as well as lowerincome households.

Actions:
▪ Negotiate an agreement with the Baylands developer to include housing units aligning with community need identified in the 2023-2031 Housing Element. ▪ Adopt the Baylands Specific Plan once terms are mutually agreeable.

C-2: Expand incentives for projects serving special populations Through this strategy, the City will offer additional incentives to projects that include units that serve households with special needs. Additional incentives could include fee waivers, density bonuses, expedited approvals, or direct investment through grants or loans. 96 G.

City of Brisbane AHSP
ECONorthwest 24
Actions:
▪ Develop and adopt incentives policy for special-needs housing projects.

C-3: Mitigate Displacement (4-A-1; 4-A-B)
Growth pressures alongside increases in housing costs create growing risk of displacement, particularly among Brisbane’s most vulnerable residents, which includes seniors on fixed incomes and persons with special housing needs. Through this strategy, the City will prioritize funding for antidisplacement programs to protect existing residents, including:

First-Time Homebuyer Program
Provide financial assistance to low- and moderate-income first-time homebuyers to assist with down payments, closing costs, inspection fees, or other associated costs.

Rental Assistance Program
Rental assistance is among the most effective ways to prevent displacement and housing insecurity by providing financial assistance in the form of rental payments or partial rent payments to lower-income tenants at risk of eviction.

Local Preference Guidelines
Local preference programs ensure that local resources are going to local or regional residents.

The city will develop a local preference policy that will give preference to applicant households that meet program criteria to the maximum extent allowed by the law.

Actions:
▪ Create and maintain a repository of programs other than the ones offered by the city that offer assistance for first-time homebuyers.
▪ Update the First-Time Homebuyer Program guidelines to calibrate with current market conditions, build in flexibility as market conditions change, and evaluate available funding sources to capitalize the program.
▪ Identify target renter households most susceptible to displacement through community outreach, surveys, or review of third-party data and displacement risk metrics. ▪ Look to peer cities for successful case studies and create guidelines and processes for an ongoing local rental assistance program for targeted households. Capitalize and scale the program based on funding sources available through local and exogenous sources as they are available.
▪ Adopt local preference guidelines for affordable housing using local resources that incorporate flexibility in terms of target households and affordability levels to complement the City’s RHNA.
97 G.

City of Brisbane AHSP
ECONorthwest 25
C-4: Employer Assisted Housing (EAH)
EAH programs involve employers providing supply-side or demand-side assistance in providing affordable housing for their employees. EAH programs can include a broad range of factors including mortgage or down payment assistance, rent assistance, homebuyer counseling, and gap financing, among other factors. These programs are effective in markets where housing costs are high and a barrier to employee recruitment. Through this strategy, the city explore options for establishing an EAH program locally or a regional EAH coalition with surrounding jurisdictions.

Actions:
▪ Outreach to peer cities with similar economic development pressures to assess opportunities for regional partnerships.
▪ Through coordination with the Brisbane Chamber, develop and maintain an inventory of companies appropriate for EAH program outreach.
▪ Evaluate voluntary partnership models and regulatory strategies to encourage or require EAH program participation.
▪ Develop a program proposal and guidelines and present to the Affordable Housing Subcommittee and City Council for consideration.

D. Leverage private and outside investment
The City does not have the resources to solve its housing challenges on its own. These strategies include actions to increase the pool of funding sources and leverage investment from private sources.

D-1: Establish a Commercial Affordable Housing Impact Fee Impact fees are only effective when market-rate activity is already occurring, which is the current condition in Brisbane’s commercial market. Through this strategy, the city will establish a new funding source to support affordable housing production and programs by adopting a Commercial Affordable Housing Impact fee. State law regulates how cities may impose impact fees and requires impact fees to be adopted based on findings of a nexus between the development, appropriateness of the fee size, and how funds are used.

Actions:
▪ Update the City’s Commercial Nexus Study and Feasibility Study. ▪ Adopt fee and implementation guidelines.

D-2: Explore Alternatives for Additional Funding Sources Through this strategy, the City will build upon the analysis in Chapter 3 of this strategic plan to create new funding sources for affordable housing.
98 G.

City of Brisbane AHSP
ECONorthwest 26
Actions:
▪ Track exogenous funding programs annually and apply for grants as eligible. ▪ Adopt policies to implement new local funding programs identified in Strategy D-3 (InLieu Fees for Inclusionary), Strategy D-1 (Commercial Linkage Fee), and other identified sources as legally and politically feasible.

D-3: Amend the Inclusionary Housing and Density Bonus Ordinances (2-E-4) Through this strategy, the City will draft and adopt an update to its inclusionary housing ordinance and density bonus ordinance consistent with the recommendations of this strategic plan. These updates will amend set-aside and affordability levels to be better calibrated with market conditions and comply with current State law. The inclusionary ordinance update will also implement a range of alternatives, including an in-lieu fee, to providing affordable housing units.

Actions:
▪ Draft and adopt updated inclusionary and density bonus ordinances.

D-4: Evaluate a Special Purpose Business License Tax to Support Affordable Housing Provisions to support affordable housing are often placed on real estate development, which can have adverse impact on development feasibility and economic development. Through this strategy the city will explore feasibility of a special purpose business tax on employers to create additional funding for affordable housing. In evaluating the feasibility of such a tax, the city will explore appropriate thresholds for business size or revenues, the nexus to creating affordable housing need, appropriate fee metrics, and the potential adverse impacts on business growth and retention.

Actions:
▪ Develop an RFP to hire a consultant to complete required technical analyses. ▪ Create a framework for a special purpose business tax based on the technical analyses. ▪ City Council consideration of the proposed special business tax to bring forward for voter approval.

E. Increase implementation capacity
These strategies include actions to increase the City’s ability to implement housing policies through increased efficiency and strategic partnerships. 99 G.

City of Brisbane AHSP
ECONorthwest 27
E-1: Proactively Attract Affordable Housing Investors (2-F-2) In coordination with Strategy E-3 (Create a Database of the Regional Affordable Housing Ecosystem) and Housing Element program 2.F.2, through this strategy the City will develop ongoing relationships with nonprofit housing development corporations and for-profit affordable housing developers to build development expertise in Brisbane and align local opportunities with developer and investor resources.

Actions:
▪ Explore the feasibility of an initial developer familiarization tour of the city and strategic opportunity sites.
▪ Create marketing cut sheets for publicly owned sites that are suitable for affordable housing and available resources for affordable housing funding.

E-2: Property Owner Outreach (2-F-1)
In coordination with Strategy A-5 (Acquire and Assemble Developable Sites) and Strategy E-1 (Proactively Attract Affordable Housing Investors), through this strategy the City will proactively engage with existing property owners in the PAOZ-1 and PAOZ-2 overlay districts and other areas the Housing Element identifies as opportunity sites. This engagement will serve to encourage private redevelopment and connect interested property owners with affordable housing developers.

Actions:
▪ Create an initial database of priority sites and owner contacts in the PAOZ-1 and PAOZ2 overlay zones. ▪ Submit letters of interest or conduct direct outreach to discuss redevelopment, sale, and partnership opportunities.

E-3: Create a database of the regional affordable housing ecosystem Through this strategy, the City will gain a better understanding of the affordable housing ecosystem in its region. This will allow the city to prioritize investment decisions, conduct proactive outreach to developers and nonprofit organizations, and make connections between different groups.

Actions:
▪ Document the network of the affordable housing ecosystem in the region. Update biennially.
100
G.

City of Brisbane AHSP
ECONorthwest 28
E-4: Advocate for legislation
Through this strategy, the City will participate in local and regional efforts to advocate for state legislation that provides resources and policy reform in support of affordable housing.

Actions:
▪ Annually track housing bills in the California legislature. ▪ Offer letters of support where appropriate.

E-5: Expand Administrative capacity by entering into shared agreements (7-A-6) The City has a small staff with limited administrative capacity to oversee and maintain its affordable housing programs. Through this strategy, the City will join other cities in San Mateo County in an agreement to share housing staff to support management of the City’s belowmarket-rate housing inventory.

Actions:
▪ Enter into a contract agreement with other San Mateo cities for shared housing program management services.
101
G.

City of Brisbane AHSP
ECONorthwest 29
Summary Table of Strategies and Actions
Strategy Responsible
Department(s)
Partners Administrative
Impact
Financial
Resources
Time
Frame
A. Increase Production of Affordable Housing
A-1: Subsidize Affordable Housing through Direct Funding (2-D-1; 2-E-6; 2-F-4) Annually develop estimates of
funding sources and resources
that are available and should
be reserved for direct
investment in affordable
housing.

Finance;
Community
Development
HCD, 21
Elements
Moderate Low Annually
Advertise public land available
for land donation through RFQs
and RFPs as sites are available.

Community
Development;
City Manager
Brokers Low Low Ongoing
In coordination with Strategy (E1), create informational materials to distribute to
affordable housing developers
about city resources for
affordable housing.

Community
Development;
City Manager
Developers
and Brokers
Low Low Ongoing
Create an incentive program
comprised of waivers and
grants that is available for
market-rate development to
encourage inclusionary setaside rates above the minimum thresholds included in the
Inclusionary Housing
Ordinance.

Community
Development;
City Manager
None High High Years 1-3
A-2: Support for Middle Housing (2-A-5; 2-A-6; 2-A-10; 2-D-2; 2-E-2; 2-E-3) Create a comprehensive
Accessory Dwelling Unit fee
waiver program.

Community
Development;
City Manager
21 Elements,
HCD, San
Mateo County
Moderate ModerateHighYears 1-3
A-3: Encourage Innovative Construction Types
Review the existing zoning code
and development standards to
identify barriers to innovative
construction typologies.

Explore zoning code
amendments and new
ordinances to allow and
encourage innovative
construction types.

Community
Development
None Low Low Years 1-3
A-4: Establish a Fee Deferral Program for 100% Affordable Development Establish a fee deferral
program for 100% affordable
projects that allows developers
to pay fees at certificate of
occupancy rather than at
permitting.

Community
Development;
City Manager
None Moderate Moderate Years 3-5
Establish guidelines and
funding allocations for a
program that will waive or
discount fees for inclusionary
units offered in addition to
minimum set-asides.

Community
Development;
City Manager
None Moderate ModeratehighYears 3-5
102
G.

City of Brisbane AHSP
ECONorthwest 30
Strategy Responsible
Department(s)
Partners Administrative
Impact
Financial
Resources
Time
Frame
A-5: Acquire and Assemble Developable Sites (2-F-3)
Identify any existing surplus
parcels owned by the city that
could be used for affordable
housing. Explore adjacent
parcels to assess opportunities
for site assemblage.

Community
Development;
City Manager
Property
owners,
brokers
Low Low Years 1-3
Create a process to monitor
land/site listings and
opportunities annually and do
proactive outreach to
landowners.

Community
Development;
City Manager
Brokers; San
Mateo County
HEART
(shared
housing staff
program)
Low Low Years 1-3
Evaluate and select a robust
menu of alternatives to
constructing affordable housing
units through the inclusionary
housing ordinance update.

Community
Development;
Planning
Commission; City
Council
None Moderate Low Years 1-3
When a site or sites are
assembled, sell or lease
publicly owned land at belowmarket rates to incentivize affordable housing
development in compliance
with the Surplus Lands Act.

Community
Development;
City Manager
Brokers,
developers
Moderate High Years 5-8
B. Preservation
B-1: Protect Naturally Occurring Affordable Housing
Develop a preservation
substrategy that includes
developing an inventory of
target properties and nonprofit
partners
Community
Development
None Low Low Years 3-5
Provide direct funding to
nonprofit organizations and/or
the Brisbane Housing Authority
to acquire and convert
properties.

Finance; City
Manager; City
Council
Nonprofits,
Housing
Authority
Moderate High TBD (see
comment in
strategy text
above)
B-2: Preserve Existing Deed Restricted Units (3-A-1)
Create a database of deedrestricted properties in
Brisbane that includes unit
count, affordability level, and
expiring covenant dates.

Community
Development
San Mateo
County
HEART
(shared
housing staff
program)
Low Low Years 1-3
Establish an early
warning/monitoring system for
deed-restricted units at risk.

Community
Development
San Mateo
County
HEART
(shared
housing staff
program)
Low Low Years 1-3
Make funding available for
expiring deed-restricted
projects.

Community
Development;
City Manager;
City Council
Property
owners,
Nonprofits,
Developers;
Housing
Authority
Moderate High Years 3-5
B-3: Provide Tenant and Homeowner Education and Support (3-A-1) 103
G.

City of Brisbane AHSP
ECONorthwest 31
Strategy Responsible
Department(s)
Partners Administrative
Impact
Financial
Resources
Time
Frame
Evaluate the range of needs
and services that would be
most beneficial to Brisbane
residents through community
outreach.

Community
Development
HUD
rehabilitation
grant
consultants;
community
members
Moderate Low Years 1-3
Allocate funding sources to
organizations that provide
homeowner financial literacy
training, foreclosure counseling,
tenant-landlord mediation,
homesharing matching and
facilitation, and rehabilitation
program technical assistance.

City Manager;
Finance
Special
needs
groups,
nonprofits
Moderate Moderate Ongoing
B-4: Establish a Rehabilitation and Retrofit Program (3-A-4; 4-B-2) Program earmarked Federal
grant funds received in FY
2021-2022 to provide financial
assistance in the form of loans
or grants to retrofit existing
units for low-income and
special needs households.

Community
Development
Property
owners;
consultant
team
Moderate Low Ongoing
Explore the viability and
effectiveness of funding and
participating in established
Countywide rehabilitation
programs.

Community
Development;
City Manager:

Finance; City
Council
San Mateo
County
Low Moderate As needed
C. Provide access to housing for persons with special needs, specifically seniors C-1: Ensure that the Baylands offers a variety of housing types and affordability levels (2-B-1) Negotiate an agreement with
the Baylands developer to
include housing units aligning
with community need identified
in the Housing Element Update.

City Council; City
Manager
Baylands
developer
Moderate Low Years 1-3
Approve the Baylands Specific
Plan once terms are mutually
agreeable.

City Council; City
Manager
Baylands
developer
Low Low Years 1-3
C-2: Expand Incentives for projects serving special populations Develop incentives policy for
special needs housing projects.

Community
Development;
City Manager;
City Council
Nonprofit
organizations;
affordable
housing
developers
Moderate High Years 3-5
C-3: Displacement (4-A-1; 4-A-2)
Create and maintain a
repository of programs
exogenous to the city that offer
assistance for first-time
homebuyers.

Community
Development
San Mateo
County
HEART
(shared
housing staff
person);
Nonprofit
organizations
Low Low Years 1-3
Engage with major employers to
build support for an EmployerAssisted Housing (EAH)
component to the First-Time
Homebuyer Program.

Community
Development;
Economic
Development;
San Mateo
County
HEART
(shared
housing staff
Moderate Low Years 1-3
104
G.

City of Brisbane AHSP
ECONorthwest 32
Strategy Responsible
Department(s)
Partners Administrative
Impact
Financial
Resources
Time
Frame
City Manager;
Finance
person);
Major
employers
Update the First-Time
Homebuyer Program guidelines
to calibrate with current market
conditions, build in flexibility as
market conditions change, and
identify funding sources to
capitalize the program.

Community
Development;
City Manager;
City Council
San Mateo
County
HEART
(shared
housing staff
program);
Housing
Authority?
Moderate High Years 1-3
Identify target renter
households most susceptible to
displacement.

Community
Development
Nonprofit
organizations,
community
Low Low Years 1-3
Create guidelines and
processes for an ongoing local
rental assistance program for
targeted households. Capitalize
and scale the program based
on funding sources available
through local and exogenous
sources as they are available.

Community
Development;
City Manager;
City Council
San Mateo
County
HEART
(shared
housing staff
person);
Nonprofit
organizations,
Housing
Authority
High High Years 3-5
Adopt local preference
guidelines for affordable
housing using local resources
that incorporate flexibility in
terms of target households and
affordability levels to
complement the City’s RHNA.

Community
Development;
City Council: City
Manager
San Mateo
County
HEART
(shared
housing staff
person)
Moderate Low Years 1-3
C-4: Employer Assisted Housing Program
Outreach to peer cities with
similar economic development
pressures to assess
opportunities for regional
partnerships.

Community
Development;
City Manager
Peer cities Low Low Years 1-3
Through coordination with the
Brisbane Chamber, develop
and maintain an inventory of
companies appropriate for EAH
program outreach.

Community
Development;
Brisbane
Chamber
Brisbane
Chamber,
regional
employers
Low Low Years 1-3
Evaluate voluntary partnership
models and regulatory
strategies to encourage or
require EAH program
participation.

Community
Development;
City Manager
Low Low Years 1-3
Develop a program proposal
and guidelines and present to
the Affordable Housing
Subcommittee and City Council
for consideration.

Community
Development;
City Council: City
Manager
None Low Low Years 1-3
D. Leverage private and outside investment
D-1: Establish a Commercial Nexus Fee
Update the City’s Commercial
Nexus Study and Feasibility
Study.

Community
Development
Contract
consultants
Low Low Years 1-3
105
G.

City of Brisbane AHSP
ECONorthwest 33
Strategy Responsible
Department(s)
Partners Administrative
Impact
Financial
Resources
Time
Frame
Adopt fee and implementation
guidelines.

Community
Development;
City Council; City
Manager;
Finance
None Low Low Years 1-3
D-2: Explore Alternatives for Additional Funding Sources Track exogenous funding
programs annually and apply
for grants as eligible.

Community
Development;
City Manager
HCD Moderate Low Ongoing
Adopt policies to implement
new local funding programs
identified in Strategy D-3 (InLieu Fees for Inclusionary), Strategy D-1 (Commercial
Linkage Fee), and other
identified sources as legally
and politically feasible.

Community
Development;
City Manager
Community Low Low Ongoing
D-3: Amend the Inclusionary Housing and Density Bonus Ordinances (2-E-4) Draft and adopt updated
inclusionary and density bonus
ordinances.

Community
Development;
City Council
None Low Low Years 1-3
D-4: Evaluate a Special Purpose Business License Tax to Support Affordable Housing Explore feasibility of a special
purpose business tax on
employers to create additional
funding for affordable housing.

Community
Development;
City Manager
None Moderate Low Years 1-3
E. Increase implementation capacity
E-1: Proactively Attract Affordable Housing Investors (2-F-2) Explore the feasibility of an
initial developer familiarization
tour of the city and strategic
opportunity sites.

Community
Development;
City Manager
Affordable
housing
developers,
property
owners,
brokers
Moderate Low Ongoing
Create marketing cut sheets for
publicly owned sites that are
suitable for affordable housing
and available resources for
affordable housing funding.

Community
Development
None Low Low Ongoing
E-2: Property Owner Outreach (2-F-1)
Create an initial database of
priority sites and owner
contacts in the PAOZ-1 and
PAOZ-2 overlay zones.

Community
Development
Brokers,
property
owners
Low Low Years 1-3
Submit letters of interest or
conduct direct outreach to
discuss redevelopment, sale,
and partnership opportunities.

Community
Development;
City Manager
None Low Low Years 3-5
E-3: Create a database of the regional affordable housing ecosystem Document the network of the
affordable housing ecosystem
in the region. Update biennially.

Community
Development
San Mateo
County
HEART
(shared
housing staff
person); 21
Elements
Moderate Low Years 1-3
106
G.

City of Brisbane AHSP
ECONorthwest 34
Strategy Responsible
Department(s)
Partners Administrative
Impact
Financial
Resources
Time
Frame
E-4: Advocate for legislation
Annually track housing bills in
the California legislature.

Community
Development
None Low Low Ongoing
Offer letters of support where
appropriate.

Community
Development;
City Council; City
Manager
None Low Low As needed
E-5: Expand Administrative capacity by entering into shared agreements (7-A-6) Enter into a contract agreement
with other San Mateo cities for
shared management services.

Community
Development;
City Council; City
Manager
21 Elements,
San Mateo
County
HEART
Low Moderate Years 1-3
107
G.

Appendix A: Summary of Funding Programs
ECONorthwest reviewed various federal, state, local, and philanthropic funding sources available to the City of Brisbane. The following table provides a general description and a list of eligible projects for each grant and loan program.

Agency Program Description Eligible Projects
Federal Funds
US HUD Assisted-Living
Conversion Program
To provide private nonprofit owners of
eligible developments with a grant to
convert some or all of the dwelling units in
the project into an Assisted-Living Facility
(ALF) for the frail elderly

1. Physical conversion of existing project units,
common and services space
US HUD Community
Development Block
Grants
Grant awarded to the City annually on a
formula basis to fund housing and economic
development for low- and moderate- income
persons.

1. Affordable housing construction

2. Economic Development

3. Historic preservation

4. Property acquisition for housing

5. Housing rehabilitation

6. Public services and facilities

7. Code enforcement

8. Fair housing activities
US HUD Emergency Capital
Repairs Program
Provides grants for substantial capital
repairs to eligible multifamily projects that
are owned by private nonprofit entities

1. Rehabilitation

2. Modernization

3. Retrofitting
US HUD HOME Investment
Partnership Program
Grant program specifically for housing. 1. Single-family or multifamily housing acquisition/rehab/construction

2. CHDO Assistance

3. Administration
US HUD Emergency Solutions
Grant Program
Grant awarded on an annual formula basis
for shelter and services to homeless persons.

1. Homelessness prevention

2. Continuum of Care

3. Operating expenses
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APPENDIX A
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Agency Program Description Eligible Projects
US HUD Housing
Opportunities for
Persons with AIDS
Funds available countywide for supportive
services and housing for persons with
HIV/AIDS.

1. Rental assistance

2. Social services

3. Housing
US HUD Shelter Plus Care (S+C) Grants for rental assistance, in combination with supportive services from other sources,
to homeless people.

1. Tenant-based rental assistance

2. Sponsor-based rental assistance

3. Project-based rental assistance
California
HFA
CalFHA MyHome
Assistance Program

1. First-time homebuyers

2. Occupy property as primary residence

3. complete homebuyer education counseling and
obtain certificate of completion through eligible
organization

4. Meeting CalHFA income limits for the program.

5. Be single-family, one-unit residents, including
approved condominium/PUDs (guest houses,
granny units, and in-law quarters may be eligible)

6. Manufactured housing

7. Condominiums must meet the guidelines of the
first mortgage
California
HFA
CalHFA Conventional
Loans
Various programs providing lower-cost
loans, such as a 30-year fixed, interest-only
PLUS, 40-year fixed

1. First-time homebuyers

2. Low- and moderate- income homebuyers
California
HFA
CalPLUS Conventional
Loans

1. Occupy the property as a primary residence;
nonoccupant coborrowers are not allowed.

2. Complete homebuyer education counseling and
obtain a certificate of completion

3. Meet CalHFA income limits for this program.

4. Be a single-family, one-unit residence, including
approved condominium/PUDs

5. Guest houses, granny units and in-law quarters
may be eligible

6. Condominiums must meet the guidelines of the
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Agency Program Description Eligible Projects
first mortgage

7. Manufactured housing is permitted

8. Leaseholds/Land Trusts and Co-ops are not
permitted
California
HFA
ADU Grant Program 1. Borrower(s) income < 80% AMI per Fannie Mae lookup tool or

2. Borrower(s) income < the CalHFA income limit
and property is located in a Qualified Census
Tract** or

3. Borrower(s) income < the CalHFA income limit
and the CLTV > 80%
California
HFA
Section 811 Project
Rental Assistance
Section 811 Project Rental Assistance offers
long-term project-based rental assistance
funding from the U.S. Department of
Housing and Urban Development (HUD
through a collaborative partnership among
the California Housing Finance Agency
[CalHFA]), Department of Health Care
Services (DHCS), Department of Housing
and Community Development (HCD),
Department of Developmental Services
(DDS) and California Tax Credit Allocation
Committee (TCAC).

1. Rental assistance for lower-income households
CalHCD National Housing
Trust Fund
National Housing Trust Fund is a permanent
federal program with dedicated source(s) of
funding not subject to the annual
appropriations. The funds can be used to
increase and preserve the supply of
affordable housing, with an emphasis on
rental housing for extremely low-income
households (ELI households, with incomes
of 30 percent of area median or less).

1. New construction
State Funds
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Agency Program Description Eligible Projects
CalHCD Affordable Housing
and Sustainable
Communities Program
The AHSC funds land use, housing,
transportation, and land preservation
projects that support infill and compact
development and reduce greenhouse gas
(GHG) emissions.

1. Affordable Housing
Developments

2. Housing-Related Infrastructure

3. Sustainable Transportation
Infrastructure

4. Transportation-Related
Amenities

5. Program Costs
CalHCD CalHOME CalHOME makes grants to local public
agencies and nonprofit corporations to assist
first-time homebuyers in becoming or
remaining homeowners through deferredpayment loans. Funds can also be used to assist in the development of multiple-unit
ownership projects

1. Predevelopment, site development, and site
acquisition for development projects.

2. Rehabilitation and acquisition and rehabilitation
of site-built housing, and rehabilitation,
repair, and replacement of manufactured homes

3. Down payment assistance, mortgage financing,
homebuyer counseling, and technical assistance for
self help
CalHCD California Emergency
Solutions and Housing
The CESH Program provides grant funds to
eligible applicants for eligible activities to
assist persons experiencing or at risk of
homelessness. Eligible applicants are
Administrative Entities (AEs) (local
governments, nonprofit organizations, or
unified funding agencies) designated by the
Continuum of Care (CoC) to administer
CESH funds in their service area.

1. Housing relocation and stabilization services
(including rental assistance)

2. Operating subsidies for permanent housing

3. Flexible housing subsidy funds

4. Operating support for emergency housing
interventions

5. Systems support for homelessness services and
housing delivery systems

6. Development or updating a Coordinated Entry
System
(CES), Homeless Management Information System
(HMIS), or Homelessness Plan
CalHCD Golden State
Acquisition Fund
(GSAF)
GSAF was seeded with $23 million from the
Department’s Affordable Housing
Innovation Fund. Combined with matching
funds, GSAF makes up to five-year loans to
developers

1. Acquisition or preservation of affordable housing
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APPENDIX A
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Agency Program Description Eligible Projects
CalHCD Home Investment
Partnerships Program
HOME assists cities, counties, and nonprofit
community housing development
organizations (CHDOs) to create and retain
affordable housing for lower-income renters
or owners. At least 50 percent of the amount
is awarded to rural applicants and 15 percent
is set aside for CHDOs. Funds are available
in California communities that do not receive
HOME funding directly from the U.S.

Department of Housing and Urban
Development.

1. Housing rehabilitation, new construction, and
acquisition and rehabilitation, for single family &
multifamily projects

2. Predevelopment loans to CHDOs

3. Must benefit lower-income renters or owners
CalHCD Housing for a Healthy
California
HHC provides funding on a competitive
basis to deliver supportive housing
opportunities to developers using the federal
National Housing Trust Funds (NHTF)
allocations for operating reserve grants and
capital loans.

1. NHTF Uses: Acquisition and/or new construction

2. SB2 Applicants: Counties SB2 Uses: Acquisition,
new
construction or reconstruction and rehabilitation,
administrative costs, capitalized operating subsidy
reserves (COSR) and rental subsidies
CalHCD Housing-Related Parks
Program
The Housing-Related Parks Program funds
the creation of new parks and recreation
facilities or improvement of existing parks
and recreation facilities that are associated
with rental and ownership projects that are
affordable to very low- and low-income
households.

1. Creation of new parks and recreation facilities or
improvement of existing parks and recreation
facilities
CalHCD Infill Infrastructure
Grant Program
IIG provides grant funding for infrastructure
improvements for new infill housing in
residential and/or mixed-use projects. Funds
are made available through a competitive
application process.

1. New construction, rehabilitation, demolition,
relocation, preservation, and acquisition of
infrastructure
CalHCD Local Early Action
Planning Grants
The Local Early Action Planning (LEAP)
program assists cities and counties with
planning for housing through providing

1. Reimbursement for activities that include the
preparation and adoption of planning documents,
process improvements that accelerate housing
production, and facilitate compliance in
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Agency Program Description Eligible Projects
over-the-counter, noncompetitive planning
grants.
implementing the sixth cycle of the regional
housing need assessment (RHNA).

CalHCD Local Housing Trust
Fund Program
Helps finance local housing trust funds
dedicated to the creation or preservation of
affordable housing.

1. Loans for construction of low-income affordable
housing projects
CalHCD Multifamily Housing
Program (MHP)
MHP makes low-interest, long-term
deferred-payment permanent loans to
developers of affordable multifamily rental
and transitional housing projects for lowerincome households.

1. New construction, rehabilitation, or acquisition
and rehabilitation of permanent or transitional
rental housing, and the conversion of nonresidential
structures to rental housing
CalHCD Joe Serna, Jr.,
Farmworker
FWHG makes grants and loans for
development or rehabilitation of rental and
owner-occupied housing for agricultural
workers with priority for lower-income
households

1. Activities incurring costs in the development of
rental housing or agricultural workers.

CalHCD Mobilehome Park
Rehabilitation and
Resident Ownership
Program
Funds awarded to mobile home park tenant
organizations to convert mobile home parks
to resident ownership.

1. Mobile home park acquisition and development
CalHCD Pet Assistance and
Support Program
Pet Assistance and Support provides funds
to homeless shelters for shelter, food, and
basic veterinary services for pets owned by
individuals experiencing homelessness.

1. Shelter, food, and basic veterinary services for
pets owned by individuals experiencing
homelessness, along with staffing and liability
insurance related to providing those services
CalHCD Predevelopment Loan
Program
Provide predevelopment capital loans to
finance the start of low-income housing
projects.

1. Construct, rehabilitate, convert, or preserve lowincome housing

2. Site control, acquisition, technical
studies/reports/plans, and fees
CalHCD Permanent Local
Housing Allocation
Funds the predevelopment, development,
acquisition, rehabilitation, and preservation
of multifamily, residential live-work, rental
housing that is affordable for extremely low,
very low, low, or moderate-income housing,
homeownership opportunities, accessory

1. (Pre)development, acquisition, rehabilitation, and
preservation of multifamily, residential live-work,
rental housing affordable to extremely low to
moderate-income households & affordable rental
and ownership housing, including ADUs that meet
the needs of those earning up to 120% of AMI or
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Agency Program Description Eligible Projects
dwelling units, assisting persons who are
experiencing or at risk of homelessness,
accessibility modifications, and efforts to
acquire and rehabilitate foreclosed or vacant
homes and apartments.
150% of AMI in high-cost areas.

3. Matching portions of funds placed into Local or
Regional Housing Trust Funds or funds available
through the Low- and Moderate-Income Housing
Asset Fund.

5. Capitalized Reserves for Services connected to the
preservation and creation of new permanent
supportive housing.

6. Assisting persons who are experiencing or at risk
of homelessness.

8. Rapid rehousing, rental assistance, navigation
centers, emergency shelter, and transitional housing
activities

9. Accessibility modifications in lower-income
owner-occupied housing.

10. Efforts to acquire and rehabilitate foreclosed or
vacant homes and apartments.

11. Homeownership opportunities (down payment
assistance)

12. Fiscal incentives made by a county to a city to
incentivize approval of affordable housing projects,
or matching funds invested by a county in an
affordable housing development project in a city.

CalHCD Regional Early Action
Planning Grant
EAP provides one-time grant funding to
regional governments and regional entities
for planning activities that will accelerate
housing production and facilitate compliance
in implementing the sixth cycle of the
Regional Housing Needs Allocation.

1. Developing an improved methodology for the
distribution of the sixth cycle regional housing
needs assessment (RHNA).

2. Suballocating funds directly and equitably to
jurisdictions or subregional entities in the form of
planning grants that will accommodate the
development of housing and infrastructure that
accelerate housing production.

3. Providing jurisdictions and other local agencies
with technical assistance, planning, temporary
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Agency Program Description Eligible Projects
staffing or consultant needs associated with
updating local planning and zoning documents,
expediting application processing, and other actions
to accelerate additional housing production.

4. Administrative costs related to the three main
categories listed above.

CalHCD Supportive Housing
Multifamily Housing
Program
SHMHP provides low-interest loans to
developers of permanent affordable rental
housing that contain supportive housing
units.

SHMHP funds are for permanent financing only
and may be used for new construction or
rehabilitation of a multifamily rental housing
development or conversion of a nonresidential
structure to a multifamily rental housing
development. Eligible use of funds may include, but
are not limited to, real property acquisition,
refinancing to retain affordable rents, necessary onsite and off-site improvements, reasonable fees and consulting costs, capitalized reserves, facilities for
childcare, after-school care, and social service
facilities integrally linked to the restricted
supportive housing units. Eligible projects must
have a minimum of five supportive housing units or
a minimum of 40 percent of total units must be
supportive housing units, whichever is greater, and
must have associated supportive services for the
intended target population living in the restricted
units, pursuant to Health and Safety Code Section
50675.14.

CalHCD Transit-Oriented
Development Housing
Program
The TOD program makes low-interest loans
and grants for rental housing that includes
affordable units that are located within onequarter mile of a transit station. Eligible applicants include cities and counties, transit
agencies, developers, and redevelopment
agencies. Applications are accepted in

1. A Rental Housing Development Project; and/or
An Infrastructure Project necessary for the
development of specified Housing 2. Developments,
or to facilitate connections between these
Developments and the Transit Station.
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Agency Program Description Eligible Projects
response to a periodic Notice of Funding
Availability.

CalHCD Transitional Housing
Program
The Transitional Housing Program allocates
$8 million in funding to counties for the
purpose of housing stability to help young
adults 18 to 25 years secure and maintain
housing, with priority given to young adults
formerly in the foster care or probation
systems.

1. Identifying and assisting housing services for this
population within each community

2. Helping this population secure and maintain
housing (with priority given to those formerly in the
state’s foster care or probation system)

3. Improving coordination of services and linkages
to community resources within the child welfare
system and the Homeless Continuum of Care

4. Outreach and targeting to serve those with the
most severe needs
CalHCD Veterans Housing and
Homeless Preventation
Program
VHHP makes long-term loans for
development or preservation of rental
housing for very low- and low-income
veterans and their families. Funds are made
available to sponsors who are for-profit or
nonprofit corporations and public agencies.

Availability of funds is announced annually
through a Notice of Funding Availability.

1. Involve the acquisition and/or construction or
rehabilitation of an Affordable Rental Housing
Development or Transitional Housing, or the
conversion of an existing structure into one of these
housing types.

2. Restrict occupancy to the greater of 25 percent of
total units in the project or 10 units to Veterans
under VHHP. However, if a project is determined to
be rural as defined in Health and Safety Code
Section 50199.21, then a minimum of five units must
be restricted.

3. Restrict occupancy for at least 45 percent of
Assisted Units to Extremely Low-Income Veterans,
with rents not exceeding 30 percent of Area Median
Income (AMI), calculated in accordance with TCAC
regulations and procedures. TCAC utilizes the
information published by HUD to calculate
maximum rents and income limits for California
LIHTC projects. The 2019 limits went into effect on
April 24, 2019.
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Agency Program Description Eligible Projects

4. For projects qualifying as Supportive Housing or
Transitional Housing
Office of State
Treasurer
California Tax Credit
Allocation Committee:

Low- Income Housing
Tax Credits
The CTCAC administers the federal and
state LIHTC Programs. Both programs were
created to promote private investment in
affordable rental housing for low-income
Californians.

1. Persons Seeking Housing

2. Developers Building Housing

3. Owners and Managers of Existing Tax Credit
Projects
Office of State
Treasurer
California Tax Credit
Allocation Committee:

Historic Rehabilitation
Tax Credits
CTCAC and the CA Office of Historic
Preservation also administer the HRTC
program, which provides a 10-20% one-time
IRS tax credit on eligible rehabilitation costs
for pre-1936 and National Register historic
properties.

1. Rental housing rehabilitation

2. Mixed-use projects

3. Seismic strengthening

4. Ownership housing ineligible
Office of State
Treasurer
California Debt Limit
Allocation Committee:

Various Programs
Federal law limits how much tax-exempt
debt a state can issue in a calendar year for
private projects that have a qualified public
benefit. This cap is determined by a
population-based formula. CDLAC was
created to set and allocate California’s
annual debt ceiling and administer the
State’s tax-exempt bond program to issue the
debt. CDLAC’s programs are used to finance
affordable housing developments for lowincome Californians, build solid waste disposal and waste recycling facilities, and
finance direct loans used by in-need college
students and their parents.

1. Residential Rental Project
Program

2. Single-Family First-Time Homebuyer Program

3. Home Improvement and Rehabilitation Program
Local Funds
San Mateo
Affordable
Housing Fund
Affordable Housing
Fund
Applications for this NOFA, accessible on
the Department of Housing's website, are
reviewed on a rolling "over-the-counter"
basis until all ARAPP funds have been
committed. The goal of ARAPP is to acquire

1. New Construction Multifamily Affordable Rental
Housing projects

2. Multifamily Resyndication-Rehabilitation projects
for existing deed-restricted multifamily affordable
rental housing developments
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APPENDIX A
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Agency Program Description Eligible Projects
and preserve the affordability of existing
multifamily buildings within the County that
are rented at below-market rates and not
currently subject to rent restrictions. There is
currently zero funding available under the
ARAPP program as of March 30, 2019.

3. Multifamily New Construction Affordable FirstTime Homeownership projects

4. Supportive Housing Projects which are
Multifamily, New Construction, Affordable Rental
Housing Projects or Multifamily ResyndicationRehabilitation Projects that designate at least 20% of total project units as homeless households.

5. Creating units serving HHC-eligible households,
which are households including one or more
persons who experience chronic homelessness or
who are high-cost health users.

San Mateo
Department of
Housing
Farm Labor Housing San Mateo County Supervisor Don Horsley and the Department of Housing have
prioritized a variety of projects to
understand and improve our Agricultural
Workforce Housing.

1. The project units must be located in San Mateo
County.

2. The project units must be rented to farmworkers,
or farmworkers and their families, that meet the
following
criteria (“Eligible Farmworkers”): very low-income
(under 50% of Area Median Income or AMI) and
employed in full-time agricultural work in San
Mateo County during the agricultural season.

3. Rent and any other housing-related expenses for
the project units must remain stable for one year
after
occupancy and must not exceed 30% of the
farmworker’s gross income for the duration of the
loan.

4. All project units must be used as rental housing
for farmworkers for the life of the unit.

San Mateo
Department of
Housing
Below Market Rate
Housing
The County of San Mateo’s Below-Market
Rate (BMR) Program fulfills several key
affordable homeownership objectives:

1. Increases purchase capacity for low to
moderate-income, homebuyers that either

1. All applicants must include a Preapproval Letter
from a lender

2. All applicants must either live and/or work in San
Mateo County

3. Primary residence is San Mateo County for a
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Agency Program Description Eligible Projects
live and/or work in the County of San Mateo;

2. Creates a mechanism which adds
permanent affordable housing in
unincorporated San Mateo County;

3. Provides the resources and support to
assist residents and individuals who work in
the County to fulfill their dream of
homeownership.
minimum of one year, continuously.

Work in San Mateo County a minimum of one year
over the last two years. Twenty hours per week,
minimum average, over the course of the qualifying
year.

4. In order to qualify to purchase a BMR home, the
buyer must meet the following income requirement.

San Mateo County Income limits for 2021 (80
percent Area Median Income):

5. Applicant must not have owned any real
property in the last three calendar years.

6. Applicant’s Household Composition must not
exceed State limits: 3 persons for 2-bedroom unit, 4
persons for 3-bedroom unit.

7. Applicant must be able to show mortgage
readiness, including having a minimum of 3 percent
down payment.

San Mateo
Department of
Housing
Employee Down
Payment Assistance
Program
The Employee Down Payment Assistance
Program is an employee benefit open to all
full-time County of San Mateo and Housing
Authority employees. The program is
designed to encourage employees to live
within the County, decreasing the
environmental impact and the
physical/emotional effects of a long
commute.

1. County of San Mateo or Housing Authority
employee; and

2. Currently full-time, permanent employee for at
least 18 months; and

3. No income restrictions and cannot currently own
a home in San Mateo County; and

4. Preapproval letter from San Mateo Credit Union
(required).

San Mateo
Department of
Housing
Emergency Housing
Vouchers
The Housing Authority of the County of San
Mateo (HACSM) has been awarded 222
Emergency Housing Vouchers (EHVs) from
the U.S. Department of Housing and Urban
Development (HUD). Funding for the EHV
Program is authorized by the American
Rescue Plan Act of 2021.

Eligible individuals/households include people who
meet the following criteria:

1. Homeless;

2. At risk of homelessness;

3. Fleeing, or attempting to flee, domestic violence,
dating violence, sexual assault, stalking, or human
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APPENDIX A
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Agency Program Description Eligible Projects
trafficking; or

4. Recently homeless as stated in EHV regulations
and determined by homeless services providers.

San Mateo
Department of
Housing
No Place Like Home Bond proceeds to invest in the development of permanent supportive housing for
persons who are in need of mental health
services and are experiencing homelessness,
chronic homelessness, or who are at risk of
chronic homelessness.

1.Low-barrier tenant selection practices that
prioritize vulnerable populations

2. Must offer flexible, voluntary, and individualized
supportive services

3. 0-year County commitment to provide mental
health services & coordinate access to other
community-based supportive services

4. Must have a minimum of five NPLH units per
project
San Mateo
Department of
Housing
Home Sharing The Home Sharing Program helps match
“providers” with a spare room or rooms
with “seekers” who are looking for an
affordable place to live. Some of the seekers
are also willing to exchange household
chores for a reduced rent. Below are some
partial monthly listings of the housing
opportunities available through this
program for both “providers” and “seekers."

1. Home Seekers must live, work, or attend school
in San Mateo County.

2. Home Providers must reside in San Mateo
County.

San Mateo
Department of
Housing
Landlord Incentive
Programs
The Housing Authority of San Mateo offers
three landlord incentive opportunities:

1. The Landlord Continuity Bonus: offered to
landlords who have one of the program
participants move out of a unit but have
another program participant move in within
60 days. Receive up to one additional month
contract repayment.

2. $1,000 bonus for partnering with the
Housing Authority. Available to landlords
who have not participated in any of the San
Mateo County subsidized housing programs
NA
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APPENDIX A
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Agency Program Description Eligible Projects
for at least 3 years.

3. Landlord "No Loss" Bonus: daily proration
of the full agreed-upon contract rent from
the day the Housing Authority received the
Request for Tenancy Approval to the start
date of the housing Assistance Payments
contract, up to one month's contract rent.

Landlords may qualify for more than one
bonus.

Housing
Endowment
and Regional
Trust of San
Mateo County
(HEART)
QuickStart Developer
Loan
The QS Program is designed to provide
short-term, quick-turnaround loans to assist
with the early stages of project development.

1. Eligible Activities include acquisition,
predevelopment, construction or rehabilitation, and
refinancing to preserve affordability. Other
requirements:

2. Funding must be secured by a deed of trust
against an interest in the real property.

3. Project must be located within the jurisdiction of
the member agencies of HEART

4. Project must be located in a jurisdiction that has
an adopted housing element or one that is under
review by State HCD.

Housing
Endowment
and Regional
Trust of San
Mateo County
(HEART)
SemiPerm Loan
Developer Loan
This program is intended to assist: (1)
developers with more complex projects
needing acquisition and/or predevelopment
funds and which projects need longer time
frames to complete predevelopment
activities (such as securing entitlements and
other financing commitments, undertaking
relocation, etc.) before they can reach
construction start; and (2) owners of existing
affordable housing developments to address
immediate needs, including refinancing to
preserve affordability, and rehab while

1. Eligible Activities include acquisition,
predevelopment, construction or rehabilitation, and
refinancing to preserve affordability. Other
requirements:

2. Funding must be secured by a deed of trust
against an interest in the real property.

3. Project must be located within the jurisdiction of
the member agencies of HEART

4. Project must be located in a jurisdiction that has
an adopted housing element or one that is under
review by State HCD.
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Agency Program Description Eligible Projects
awaiting the necessary time to lapse before
they can seek to refinance with tax credits or
other funding source.

California
HCD
Homekey Homekey is an opportunity for state,
regional, and local public entities to develop
a broad range of housing types, including
but not limited to hotels, motels, hostels,
single-family homes and multifamily
apartments, adult residential facilities, and
manufactured housing, and to convert
commercial properties and other existing
buildings to Permanent or Interim Housing
for the Target Population.

1. Acquisition or rehabilitation, or acquisition and
rehabilitation, of motels, hotels, hostels, or other
sites and assets, including apartments or homes,
adult residential facilities, residential care facilities for the elderly, manufactured housing, commercial
properties, and other buildings with existing uses
that could be converted to permanent or interim
housing.

2. Master leasing of properties for noncongregate
housing.

3. Conversion of units from nonresidential to
residential.

4. New construction of dwelling units.

5. The purchase of affordability covenants and
restrictions for units.

6. Relocation costs for individuals who are being
displaced as a result of the Homekey Project.

7. Capitalized operating subsidies for units
purchased, converted, constructed, or altered with
funds awarded under the Homekey Round 2 NOFA
for FY 2021-22.

California
HCD
California Housing
Accelerator
The intent of this program is to reduce the
backlog of projects “stuck” in the funding
pipeline to accelerate the development of
housing for those most in need. These funds
will be used to fill funding gaps in shovelready projects that have received funding under other HCD programs and have been
unable to access low-income housing tax
credits.

California Housing Accelerator funding will be
used to fill the permanent financing funding gap left
by the inability to obtain tax credits/bonds for
projects with active HCD funding awards.
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Agency Program Description Eligible Projects
Brisbane
Housing
Authority
Low- and ModerateIncome Housing FundThe Brisbane Housing Authority administers the Low- and Moderate-Income Housing
Fund, which helps to fund a variety of
housing programs such as the First-Time
Homebuyer loan program and grants to
assist homeowners to maintain and
rehabilitate their homes.

NA
Bay Area
Housing
Finance
Authority
Housing Protection,
Preservation, and
Production
MTC, the Association of Bay Area
Governments (ABAG) and the Bay Area
Housing Finance Authority (BAHFA) have
developed a three-pronged approach called
the “3Ps.” Together, they are:

Protection for current residents to avoid
displacement
Preservation of existing housing affordable
for lower- and middle-income residents
Production of new housing at all income
levels, especially affordable housing
NA
Philanthropic Funds
The Bay's
Future, Family
of Loan Funds
Bay's Future Fund The Bay’s Future Fund (BFF) is a $500 million loan fund that serves five counties in
the Bay Area: San Francisco, Alameda,
Contra Costa, San Mateo, and Santa Clara.

BFF invests in affordable housing serving a
range of incomes, from extremely lowincome individuals and families to much needed workforce housing – ranging from 0–
120% Area Median Income (AMI).

1. Be one of five counties in the bay area (San
Francisco, Alameda, Contra Costa, San Mateo, and
Santa Clara).

2. Projects that serve 0-120% AMI
The Bay's
Future, Family
of Loan Funds
Community Housing
Fund
The Community Housing Fund (CHF) is a
$150M loan fund
designed to serve five counties in the Bay
Area: San Francisco, Alameda, Contra Costa,

1. Be one of five counties in the bay area (San
Francisco, Alameda, Contra Costa, San Mateo, and
Santa Clara).
123
G.

APPENDIX A
ECONorthwest 51
Agency Program Description Eligible Projects
San
Mateo, and Santa Clara. CHF provides lowcost financing for affordable housing projects and supportive housing built for extremely
low-income individuals and families.

2. Projects with at least 20% of their tenants at 30%
AMI or below.

Housing
Industry
Foundation
Affordable Housing
Initiative
Through our extensive network of landlords
and property management companies, HIF
matches qualified applicants living in Santa
Clara and San Mateo Counties (particularly
those in the education, nonprofit and other
community-based sectors) who fall in the 50-
80% of Average Median Income (AMI) to
affordable housing at up to 50% below
market rates for up to three years.

Households that are close to this range will
be considered depending on circumstances
and their overall financial picture
NA
Housing
Industry
Foundation
Emergency Housing
Fund
HIF accepts applications directly from
community members (click the link on this
page) and also collaborates with a network
of partner agencies that provide initial
screening and supportive services for those
that demonstrate need and ability to utilize
our emergency housing grants for sustained
stability leveraging up to $2,500 in support
benefiting households threatened with
homelessness. In 2020, HIF granted over
$900,000 in assistance to help prevent more
than 500 families from experiencing
homelessness
NA
Housing
Industry
Foundation
Renovation Program HIF supports nonprofit agencies in San Mateo and Santa Clara Counties that provide
permanent, transitional, and temporary

1. Applicant must be a 501(c)3 nonprofit entity that
provides housing and/or shelter and services,
including permanent, transitional, or emergency
124
G.

APPENDIX A
ECONorthwest 52
Agency Program Description Eligible Projects
housing and safe environments for
individuals and families experiencing
homelessness. Leveraging our vast network
and resources within the multifamily
industry, HIF completes small and largescale renovations at no cost to our grantees, allowing these organizations to focus their
budgets on the clients and communities they
serve.
housing

2. Facility must be located within Santa Clara or San
Mateo Counties

3. Must serve a population that is experiencing
homelessness and housing insecurity, including
seniors,
veterans, people with disabilities, victims of
domestic violence, and low-income families

4. The scope of work and its cost must fall within
the overall annual HIF Renovations budget, taking
into
consideration time constraints, codes, and
compliance concerns

5. The scope of work must also be able to
demonstrate an ability to host a group of volunteers
for a project service day, usually the last workday,
including tasks such as painting, light landscaping,
cleaning etc.

Enterprise
Community
Partners/Kaiser
Perm.

Housing for Health
Fund
$50 million Bay Area Preservation Pilot and
$85 million private equity Housing for
Health Fund seeded by Kaiser Permanente,
currently helping preserve 814 homes. This is
a multi-investor equity fund.

1. Acquisition and preservation of existing
affordable rental housing and prevention of
residents’ displacement.

2. Supports development of a Health Action Plan
that incorporates design and operations features
into
properties in order to mitigate health risks

3. Conducts study to determine specific health
needs of residents in each investment, and annual
surveys will monitor resident health outcomes over
5-7 years

4. All qualifying developers and building
owner/managers must create Health Action Plans.

Apple Apple Affordable
Housing Fund
Apple has entered into a partnership with
Housing Trust to implement the Fund. Using

1. Priority will be given to projects that will be
under construction by December 31, 2021, and
125
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APPENDIX A
ECONorthwest 53
Agency Program Description Eligible Projects
the Fund, Housing Trust will deploy new
solutions, accelerate construction timelines,
and house families faster by making loans to
qualified developers for affordable housing
in the greater Bay Area.
serving the most vulnerable populations at the
lowest Area Median Income (AMI) levels. All units
developed using funds from the Fund will have
long-term affordability restrictions.

2. Transit-oriented developments that incorporate
sustainable building methods, efficient use of
resources, and unique aspects that support residents
and the community.
126
G.

Appendix B: Analysis of Inclusionary Housing
Policies
Purpose and Context
In 2019, the Brisbane Planning Commission considered draft updates to the City’s Inclusionary Housing and Density Bonuses Ordinance, originally adopted in 2009. The Commission’s study of the ordinance included both discrete changes to comply with current State law and a broader re-envisioning of the program in light of current and projected housing development patterns in the City. The Planning Commission ultimately recommended an updated ordinance for approval by the City Council. However, the City Council has not yet considered the draft ordinance.

This section reviews the updates to Brisbane’s draft Inclusionary Housing and Density Bonus Ordinance recommended by the Planning Commission in 2019 and provides recommendations that will ensure the ordinance is consistent with the larger goals of the AHSP. As a part of this review, we analyzed inclusionary housing policies across a sample of jurisdictions in the region to inform current best practices and identify alternatives for program design. This review was juxtaposed against case studies of successful mixed-income development projects delivered through inclusionary policies in the region.

Background
Inclusionary housing ordinances (IHO) are a rapidly growing policy used by local governments with goals of increasing affordable housing supply. Through an IHO, cities require or encourage developers to create below-market rental apartments or for-sale homes in connection with the local zoning approval of a proposed market-rate development project. Through an IHO policy, cities across the Bay Area have sought to harness the complex, ever-changing dynamics of market-rate real estate development to achieve a fixed policy objective.

One tool to incent developers to build below-market units is to allow density bonuses, which can enhance feasibility in areas where development is already occurring. The State of California has adopted density bonus regulations that apply to jurisdictions throughout the State regardless of whether those jurisdictions have adopted implementing ordinances. Cities may adopt implementing ordinances that include density bonus provisions that go above and beyond the State’s regulations but may not reduce density bonuses below those permitted by the State. Defined simply, a density bonus allows developers to build larger buildings (in terms of units per acre, height, or floor area ratio) to offset the loss of income in providing below-market rate units. It can improve a development’s financial feasibility so long as the increase in net income outweighs the marginal increase in cost (and While often paired,
inclusionary housing and
density bonuses are two
separate tools with
distinctive goals.
127
G.

APPENDIX B
ECONorthwest 55
risk). Below-market-rate units provided through an inclusionary housing program can be used to qualify for a density bonus.

Designing inclusionary housing and density bonus ordinances can be complex and controversial. Local jurisdictions must navigate affordable housing goals and other public benefits while also understanding that the effectiveness of tools is shaped by the local market for housing. If set-aside or affordability requirements are too stringent, local governments run the risk of a net loss of housing supply (both affordable and market rate). This undersupply by extension perpetuates the problem the policy is intended to mitigate. And if requirements are too loose, jurisdictions risk having a policy that is ineffective at meeting local housing objectives and the needs of their residents. Consequently, local jurisdictions must understand the conditions of their respective market to calibrate the policy, mitigate potential adverse impacts, and incent the production of affordable housing.

Brisbane’s Proposed Inclusionary Housing Ordinance
Brisbane’s draft IHO would replace its current sliding scale for inclusionary requirements with a flat share of 15% for both rental and for-sale projects. It would also reduce the minimum project size from six units to five units to align with the State density bonus threshold.

Brisbane’s draft IHO distinguishes affordability requirements by tenure (rental/for-sale), size, and affordability level.

Figure 1: Summary of Draft Brisbane Inclusionary Housing Ordinance Units Rental For-sale
0 to 4 units Exempt Exempt
5 to 10 units 15% set-aside @ 50% AMI 15% set-aside @ 120% AMI 11+ units 15% set-aside @ 60% AMI 10% set-aside @ 120% AMI 5% set-aside at 80% AMI
State law also requires that cities provide at least one alternative to providing on-site units for rental housing projects. Alternatives may include payment of an in-lieu fee, land dedication, providing set-aside requirements off-site, or another negotiated alternative.

Evaluating Inclusionary Trade-Offs: Markings of a Successful Policy
Like other investments, residential development (market rate) competes for capital in a marketplace that balances risk against rates of return. When rates of return in a particular area are low relative to alternative investments, capital flows elsewhere. This presents a challenge for inclusionary policies that require mixed-income development, which adversely impacts development feasibility (through lower net income per unit) unless there are mitigating factors. 128
G.

APPENDIX B
ECONorthwest 56
When designing inclusionary policies, jurisdictions must consider the trade-offs associated with different policy levers that may include:

Mandatory vs. voluntary status. Throughout the state, most programs are mandatory, with wide variety in where and when the requirements apply. For example, some mandatory programs apply only in the context of a zoning change. As of November 2021, there are 150 jurisdictions in California with inclusionary housing programs, and less than 20 programs are voluntary.

Set-aside amount. Typically, jurisdictions have set-asides between 10 and 20 percent, but a few places have much higher requirements and some places have sliding requirements based on the number of units in the project or the level of affordability.

Eligibility and term. Most policies in California set income eligibility requirements aimed at households that earn between 60 and 120 percent of AMI.

Types and locations of development. Some policies exempt projects based on project size (number of units) or type (condominium, redevelopment, or adaptive use). Some policies have specific requirements by neighborhood.

Alternatives. Some policies in the state allow developers to make use of in lieu payments into a local housing fund or provide the below-market units off-site.

Incentives. Most policies provide incentives to encourage participation or to offset the impacts of mandatory policies. Common incentives include some combination of direct subsidies, tax abatements, density bonuses, and reduced parking requirements.

In addition to the policy levers identified above, several other factors are also indicative of successful IHO polices. The most important among these is favorable market conditions.

Research from the Urban Land Institute24 found that:
23 Up For Growth Foundation.“ Missed Opportunities: Assessing and Leveraging Requirements, Incentives, & Tradeoffs in Affordable Housing Development.” Policy Brief #1. April 2022. 24 The Economics of Inclusionary Development, 2016. Urban Land Institute.

Observations in Recent Research
In a recent analysis conducted by the Up for Growth Foundation, 23 researchers interviewed advocates,
developers, and practitioners on their opinions and preferences of inclusionary housing policy factors. Key findings included:
• More than half of advocates and nearly three-fourths of practitioners favor maximizing the number of income-restricted units produced under IH policies, even if that means not every building is mixed income.
• More than half of advocates and nearly two-thirds of developers and practitioners favor greater unit set-asides over deeper affordability.
• Advocates were split evenly between maximizing units set aside versus optimizing for the duration of affordability, while most developers and practitioners prioritize maximizing units set aside. 129
G.

APPENDIX B
ECONorthwest 57
“The single most important factor for an IZ25 policy to achieve its goals is a significant and sustained level of market-rate development in the local market. If a community is not currently experiencing a material amount of new development, an IZ policy will not generate a meaningful number of new workforce housing units.”
Another important consideration is ensuring the policy is responsive to variance in market conditions. Rent levels (and sales prices) vary across a market. All else equal, this means that a uniform IHO policy will disproportionately impact different segments of the same market.

Where the spread between market rents and affordable thresholds are higher, the policy will have a greater adverse impact because it will be harder for new residential projects to pencil.

Finally, policies that include mechanisms to reevaluate and revise the policy over time are best at responding to changes in market conditions over time.

The Role of Incentives in Inclusionary Policy
Unless income potential is sufficiently high to support the inclusion of below-market units in mixed-income properties, development incentives are often required to mitigate or fully offset the loss of income. This is achieved through development incentives. Communities can offer an array of incentives, ranging from density bonuses (required in California law) to zoning variances, fee waivers, or even direct subsidies.

A density bonus is a common incentive used in inclusionary housing programs. It provides an increase in allowed dwelling units per acre, floor area ratio, or height, which typically means that more housing units can be built on a single site. However, in many markets, other land development regulations or market conditions may make density bonuses useless. For example, a bonus that provides additional units per acre, but not additional height, may not result in additional development capacity. For density bonuses to be successful, three considerations should be addressed:
▪ Effects of density bonuses can vary substantially based on market conditions because they are typically only attractive in markets where more square footage will result in greater profitability. Density bonuses will not incentivize developers in markets where new development is less profitable.
▪ Increasing the density or height of a development can nudge projects into a higher-cost category depending on building materials or increased parking requirements. When this is the case, the bonus is not effective.
▪ Increased density may reduce the efficiency of the building or generate layouts that are less appealing, such as reducing natural light, courtyards, or other open spaces which may yield less profitability.
25 The terms Inclusionary Zoning (IZ) and Inclusionary Housing are often used interchangeably. 130
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APPENDIX B
ECONorthwest 58
IHO Case Studies in Peer Cities
A review of inclusionary housing policies among peer cities provides a comparison of how other communities have addresses similar housing challenges within a similar regional market context. We conducted case studies of seven cities in the region, comparing requirements to Brisbane’s ordinance.

Figure 2: Case Study Summary of Peer City IHO Policies (2022) Colma Daly City Fremont Pacifica San Mateo South San
Francisco
Redwood City Brisbane
(proposed)
Year of
Adoption 2017 2018 2021 2007 2004 2018 2021 N/A
Mandatory
or Voluntary Mandatory Mandatory Mandatory Mandatory Mandatory Mandatory Mandatory Mandatory Min Setaside
Amount
20% of
total
project
units
20% of total
project units
and set-aside
requirement
varies
10% of total
project units
and set-aside
requirement
varies
15% of total
project units
20% of total
project units
10% of total
project units
15% of total
project units
and set-aside
requirement
varies
15% of total
project units26
Max setasideNone
specified Non specified 15% of total project units None specified None specified None specified None specified None specified Lowest
Income
Served
50% AMI 120% AMI 50% AMI 50% AMI 50% AMI 30% AMI 30% AMI 50% AMI Highest
Income
Served
120% AMI 120% AMI 110% AMI 120% AMI 120% AMI 110% AMI 120% AMI 120% AMI Tenure Type For-sale For-sale Rental and
for-sale
Rent and forsaleRent and forsaleRent and forsaleRent and forsaleRent and forsale Term 45 years 55 years 55 years 55 years 55 years 55 years 55 years N/A Types of
development All types
Condominium,
stock
cooperative,
community
apartment, or
attached or
detached
single-family
home
Condominium,
stock
cooperative,
community
apartment, or
attached or
detached
single-family
home
Condominium,
single-family
home, common
interest
development
and mutual
housing
associations
Not specified
Attached or
detached
single-family
home,
condominium,
stock
cooperative
or community
apartment
All types except
ADUs Not specified
Location of
development
Entire
jurisdiction
Entire
jurisdiction
Entire
jurisdiction
Entire
jurisdiction
Entire
jurisdiction
Entire
jurisdiction
Entire
jurisdiction
Entire
jurisdiction
Alternatives In-lieu fee off-site units,
donate land off-site units
off-site units, inlieu fee, donate
land
off-site units,
rehab-regulated
units, in-lieu fee,
donate land
Off-site units,
in-lieu fee,
dedication of
land,
construction
of ADUs,
negotiated
funding
off-site units,
donate land,
purchase
existing units
In-lieu fee;
Applicant may
request
approval of an
adjustment to
the
inclusionary
requirements
Incentives
Density
bonus,
other
zoning
variance,
unit
concession
Density bonus
waivers Density bonus
Density bonus,
other zoning
variance, fee
reduction/waiver
Density bonus,
expedited
permitting, fee
reduction/waiver
Offsets may
include
incentives
provided to
the City to
developments
qualifying for
a density
bonus
Density bonus,
fee waiver Density bonus
26 Proposed ordinance requires inclusionary units for rental projects to be targeted to very low-income households.

Proposed ordinance requires inclusionary units for for-sale projects to be targeted toward moderate-income households (five to ten units/lots) and 10% to moderate-income households and 5% to low-income households for 11+ units/lots.
131
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APPENDIX B
ECONorthwest 59
These case studies revealed the following themes:
▪ Most of the jurisdictions have a constant minimum set-aside consistent with the draft IHO ordinance updates.
▪ All but one city requires a 55-year affordability term.

Colma is the exception, which requires a 45-year term.
▪ Most cities’ IHO covers both rental and for-sale
development. Two cities (Colma, Daly City) target forsale only. ▪ Affordability levels vary across different cities and by tenure. IHO policies that target rental properties are split. Three cities target very lowincome households (50% AMI) or lower and two others target extremely low-income (30% AMI) households.
▪ Set-aside rates are inversely related to affordability level. For example, South San Francisco has the lowest affordability level for rental (30% AMI) but only requires a 10% set-aside at this threshold.
▪ IHO policies that apply to for-sale development are generally targeting moderateincome households (120% AMI) at 15% to 20% set-aside levels. ▪ With a few exceptions, most cities offer a range of alternatives. Allowing affordable units to be built off-site (six cities) and in-lieu fees (five cities) are the most common alternatives. Other options offered include land dedication (five cities), purchase and rehab of existing units (two cities), and specially negotiated alternatives (one city). ▪ Most jurisdictions combine the state-mandated density bonus with at least one other incentive, most commonly a fee waiver and/or zoning variance.

Recommendations for Brisbane
Based on the preceding research and analysis, we propose the following recommendations for Brisbane’s IHO:

Include a review and revise mechanism. The policy should include a specified intermediateterm mechanism (three to four years) to review the effectiveness of the policy to respond to changes in market conditions as appropriate.

Offer more alternatives than just an in-lieu fee. Offering multiple avenues to meet inclusionary requirements is established precedent in the region. A poorly calibrated policy risks stifling development altogether, perpetuating a lack of affordability. Increasing the number of options available as alternatives and incentives to draw from will reduce this risk considerably. Options could include land dedication, off-site development, rehabilitation, or an 27 Local Government Commission. California Inclusionary Factsheet. November 2018 “In California, the requirements in
most inclusionary policies adopted
so far have fallen within the 10-
20% range – 15% being the most
common.”27
- Local Government Commission
132
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APPENDIX B
ECONorthwest 60
objective process for a negotiated alternative. The city should balance these alternatives against its administrative capacity and/or appetite for direct intervention in affordable housing development.

Allow for-sale projects to meet inclusionary requirements by providing rental units. In markets like Brisbane, the inclusionary requirement has a bigger impact on feasibility in the forsale market. Unless providing ownership opportunities for moderate-income households is a strong priority that cannot be met through another program, the city should consider offering an alternative that lets for-sale development meet inclusionary requirements by including affordable rental units (at lower affordability levels).

Do not adopt a maximum in-lieu fee. If it is a desired alternative (as recommended), the city will conduct a study to assess the maximum feasible in-lieu fee as an alternative. It is strongly recommended that the city does not adopt the maximum fee. The city should consider the trade-offs of meeting production objectives against the risk of disrupting market fundamentals.

Use care in calibrating resale controls for for-sale inclusionary units. A major advantage of inclusionary policies targeting for-sale development is the opportunity to build wealth through ownership of a home. Where resale controls require homes to be resold at an affordable price to another low-income household, these benefits are not realized. The city should take care in crafting an equity sharing policy that provides homeowners the advantages of wealth building but preserves affordability. One way of balancing these interests is a policy that splits equity built through appreciation between the city and the homeowner (typically sunsetting after a period of time). Proceeds to the city can be used to invest in future programs.

Calibrate the policy to conditions in Central Brisbane. The variance in market conditions between Central Brisbane and the Baylands is likely to be considerable. The Baylands is a highly unique development scenario where a negotiated developer agreement is going to be a more effective mechanism to meeting community objectives. As such, the city should consider Central Brisbane the target geography for IHO policies or, alternatively, craft separate requirements for each geography or by development scale.

Prioritize monetary/variance incentives over density bonus (in Central Brisbane). The existing development form in Central Brisbane is generally low density, in part due to parcelization, historical land use, topography, and market conditions. If Central Brisbane is the target geography, then higher-density development that could capitalize on density bonuses is not going to be consistent with the existing development pattern. Density bonuses are likely to be an ineffective incentive in Central Brisbane. The city should alternatively offer monetary incentives such as fee waivers or zoning variances like parking requirements. 133
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APPENDIX B
ECONorthwest 61
Figure 3: Flexibility of Brisbane’s Proposed IHO Policy 134
G.

Appendix C: Inclusionary Housing Project Case
Studies
This appendix highlights case studies of successful mixed-income projects developed under inclusionary housing among peer cities. In these case studies we can observe the conditions that resulted in cross-subsidization of affordable units in mixed-income projects derived from policy and market conditions.
150 Charter Street, Redwood City
Website: https://www.redwoodcity.org/city-hall/current-projects/development-projects?id=98 Developer: LMT Home Corporation
Total Units: 72 for-sale units
BMR Units: 11 BMR units
Typology: Multifamily residential
IHO Parameters:

Requirement: Mandatory
Min set-aside amount: 15% of total project units
Lowest Income: 30% AMI
Highest Income: 120% AMI
Term: 55 years
Types of development: All types except ADUs.

Opt outs: Off-site units, donate land, purchase existing units Incentives: Linkage/Impact Fee Waiver
Tenure Type: Rental and for-sale
135
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APPENDIX C
ECONorthwest 63
849 Veterans Blvd, Redwood City
Website: https://www.redwoodcity.org/city-hall/current-projects/development-projects?id=59 Developer: Sares Regis Group
Total Units: 83 for-rent units
BMR Units: 7 BMR units
Typology: Multifamily apartments.

IHO Parameters:

Requirement: Mandatory
Min set-aside amount: 15% of total project units
Lowest Income: 30% AMI
Highest Income: 120% AMI
Term: 55 years
Types of development: All types except ADUs.

Opt outs: Off-site units, donate land, purchase existing units Incentives: Linkage/Impact Fee
Tenure Type: Rental and for-sale
136
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APPENDIX C
ECONorthwest 64
Greystar IV, Redwood City
Website: https://www.redwoodcity.org/city-hall/current-projects/development-projects?id=62 Developer: Greystar
Total Units: 350 units
BMR Units: 35 BMR units
Typology: Multifamily apartment
IHO Parameters:

Requirement: Mandatory
Min set-aside amount: 15% of total project units
Lowest Income: 30% AMI
Highest Income: 120% AMI
Term: 55 years
Types of development: All types except ADUs.

Opt outs: Off-site units, donate land, purchase existing units Incentives: Linkage/Impact Fee Waiver
Tenure Type: Rental and for-sale
137
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APPENDIX C
ECONorthwest 65
401 S Norfolk St, San Mateo City
Website: https://www.apartments.com/401-s-norfolk-st-san-mateo-ca/vlj4y2e/ Developer: Unknown
Total Units: 67 units
BMR Units: 7 BMR units.

Typology: Multifamily apartments.

IHO Parameters:

Requirement: Mandatory
Min set-aside amount: 20% of total project units
Lowest Income: 50% AMI
Highest Income: 120% AMI
Term: 55 years
Types of development: Unspecified.

Opt outs: On-site units, off-site units, rehab-regulated units, in-lieu fee, donate land.

Incentives: Density bonus, expedited permitting, fee reduction/waiver Tenure Type: Rental and for-sale
138
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APPENDIX C
ECONorthwest 66
Montara, San Mateo
Website: https://bridgehousing.com/properties/montara/
Developer: Bridge Housing
Total Units: 68 units
BMR Units: 68 BMR units
Typology: Multifamily apartments.

IHO Parameters:

Requirement: Mandatory
Min set-aside amount: 20% of total project units
Lowest Income: 50% AMI
Highest Income: 120% AMI
Term: 55 years
Types of development: Unspecified.

Opt outs: On-site units, off-site units, rehab-regulated units, in-lieu fee, donate land.

Incentives: Density bonus, expedited permitting, fee reduction/waiver Tenure Type: Rental and for-sale
139
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APPENDIX C
ECONorthwest 67
801 Fassler, City of Pacifica
Website: http://www.801fassleravenue.com/
Developer: Samir Sharma
Total Units: 24 units (6 buildings)
BMR Units: 4 BMR units
Typology: Townhome
IHO Parameters:

Requirement: Mandatory
Min set-aside amount: 15% of total project units
Lowest Income: 50% AMI
Highest Income: 120% AMI
Term: 55 years
Types of development: Condominium, single-family home, common interest developments, and mutual housing associations.

Opt outs: On-site units, off-site units, in-lieu fee, donate land.

Incentives: Density bonus, other zoning variance, fee reduction/waiver.

Tenure Type: Rental and for-sale
140
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ECONorthwest 68
Embark Apartments, 44762 Old Warm Springs Blvd, Fremont Website: https://www.apartments.com/embark-apartments-fremont-ca/c2hfn5g/ Developer: Fairfield Residential
Total Units: 422 for-rent units
BMR Units: 102 BMR units
Typology: Multifamily apartment
IHO Parameters:

Requirement: Mandatory
Min set-aside amount: 10% of total project units
Lowest Income: 50% AMI
Highest Income: 110% AMI
Term: 55 years
Types of development: Condominium, stock cooperative, community apartment, or attached or detached single-family home.

Opt outs: On-site units, off-site units
Incentives: Density bonus
Tenure Type: Rental and for-sale
141
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ECONorthwest 69
Projects in Environmental Review Stage in City of Pacifica 570 Crespi Drive, City of Pacifica
The 570 Crespi Drive Project (“Project”) would include development of one two-story mixeduse building (Building A) and two three-story residential buildings (Buildings B and C). The Project site would include the entirety of the 570 Crespi Drive parcel and a portion of the 540 Crespi Drive parcel. The Project would also include a condominium subdivision to create one commercial condominium and 19 residential condominiums. Building A would consist of 3,165 square feet (sf) of commercial space on the ground floor and three residential units on the second floor. Buildings B and C would be three stories each and would contain seven and nine townhomes, respectively, for a projectwide total of 19 units. The buildings would be constructed on the northernmost half of the site, while the southernmost half of the site would remain undisturbed. Construction of the project would require removal of at least two heritage trees, as defined in the Pacifica Municipal Code. Three of the units would be ownership Below Market Rate (BMR) units pursuant to the City’s Inclusionary Ordinance. In addition, the Project would involve off-site improvements, including construction of a new driveway and associated parking spaces within the northern portion of the existing Pacifica Community Center located immediately to the west at 540 Crespi Drive.
• 3 BMR units
• Still in EIR phase
• Confirmed IHO by contacting City of Pacifica
930 Oddstad Blvd, City of Pacifica
In response to the declining school-age population in the area, the Pacifica School District closed the former Oddstad Elementary School in 2005. Since then, the need for affordable housing options for the District’s current and future workforce has increased. The project proposes to demolish the existing, nonoperational elementary school in order to construct 70 residential units, 11 of which will be below-market-rate affordable housing units pursuant to the City of Pacifica Municipal Code, as well as community amenities and other site improvements such as landscaping and parking (Figure 3: Site Plan). To accommodate the proposed development, the project will amend the existing General Plan land use designation from Oddstad School to Low Density Residential, which allows for a density range of 3 to 9 dwelling units per acre. In addition, the site’s zoning designation will be amended from Single-Family Residential (R-1) to Planned Development District (P-D). Entitlements requested from the applicant include the following and are collectively referenced as File No. 2020-009:
• 10 BMR units
• Still in EIR phase
• Confirmed IHO by contacting City of Pacifica
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ATTACHMENT 3
Affordable Housing Strategic Plan
Affordable Housing Strategic Plan Project Timeline
➢ 4/1/21: Subcommittee meeting recommended Council consider releasing Request for Proposal (RFP) for preparation of an affordable housing strategic plan. ➢ 5/6/21: City Council authorized release of RFP.
➢ 6/4/21: RFP released.
➢ 7/2/21: Five proposals received from BAE Urban Economics, ECONorthwest, Keyser Marston Associates, Michael Baker International, and Seifel Consulting Inc. ➢ 7/15/21: City Council authorized subcommittee to interview proposers and select successful vendor.
➢ 7/19/21: Interviews completed; ECONorthwest selected by subcommittee. ➢ 12/16/21: Planning Commission study session (combined with Housing Element) ➢ 3/3/22: City Council study session for feedback on affordable housing goals and objectives.
➢ 6/1/22: Subcommittee meeting to vet the goals and objectives from the March Council workshop, consider funding priorities for current fund balance (approximately $4 million) and future funds, and review options for new revenue sources
➢ 6/22 to 2/23: Full time staff resources dedicated to drafting HE, which included policies directly related to the AHSP.
➢ 2/2/23: Council adopted 2023-2031 HE; staff work resumed on AHSP to ensure internal consistency with adopted HE policies implemented by the AHSP. ➢ 3/2/23: Council authorizes ECONW to update commercial nexus/feasibility study per adopted HE.
➢ 4/10/23: Subcommittee meets for status update on AHSP. ➢ 5/18/23: Amendments to adopted HE adopted by Council following staff consultation with HCD and recirculation of revised HE per State law. Final revisions to AHSP produced.
➢ 8/15/23: Draft AHSP published on City website.
➢ 8/31/23: Draft AHSP reviewed by subcommittee; subcommittee revisions recommended.
➢ 10/6/23: Revised AHSP posted on City website.
➢ 10/9/23: CMs Davis and Lentz provided direction on additional revisions to draft AHSP.
➢ 10/25/2023: Final revised draft AHSP published.

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CITY COUNCIL AGENDA REPORT
Meeting Date: May 6, 2021
From: John Swiecki, Community Development Director
Subject: Initiating a Request for Proposal to Develop a Citywide Affordable Housing Strategic Plan
Community Goal/Result
Community Building - Brisbane will honor the rich diversity of our city (residents, organizations, businesses) through community engagement and participation Fiscally Prudent - Brisbane's fiscal vitality will reflect sound decisions which also speak to the values of the community
Purpose
Initiate the process to develop an affordable housing strategic plan for the City of Brisbane.

Recommendation
That the City Council authorize the City Manager to prepare and release a Request for Proposals (RFP) to qualified consultants to prepare an affordable housing strategic plan and authorize the City Council Housing Subcommittee to make a recommendation for consultant selection to the full City Council.

Background
After the dissolution of Redevelopment Agencies by the State of California, cities in California lost a key funding source for the development and administration of affordable housing and other housing assistance programs. The City’s remaining affordable housing funds, now housed within the Brisbane Housing Authority (BHA), largely result from sales of property with no on-going funding sources. Simultaneously, the development of affordable housing has been prioritized by the State of California in the eight-year Regional Housing Needs Allocation (RHNA) process for cities to address at a policy level the production of affordable housing. In Brisbane, the anticipated build out of 1,800-2,200 housing units as part of the Baylands Specific Plan presents unique opportunities for the development of affordable housing at a scale not achievable in Central Brisbane.

The City has no proactive affordable housing funding programs or priorities to address these various housing-related obligations and opportunities. On April 1, 2021 the Housing subcommittee (Council Members Davis and Lentz) discussed the need for the City to comprehensively and proactively manage its affordable housing obligations and opportunities, and recommended the City seek out a qualified consultant to develop an affordable housing strategic plan for the City.

ATTACHMENT 4
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Affordable Housing Plan Page 2 of 3
Discussion
Key components of the desired strategic plan l include:

1. Identifying short and long term city management responsibilities associated with the existing and future legally restricted affordable housing and exploring options for administering these duties.

While the current stock of deed restricted units is relatively low, it will increase dramatically when the housing component of the Baylands develops and it is critical that these units are managed over time to ensure affordability requirements continue to be met.

2. Identify/evaluate project/programmatic options for utilizing the City’s approximately $4M balance affordable housing funds.

There are numerous ways to utilize low/mod housing funds, and it is important for the community and Housing Authority to understand the range of options and establish priorities that best fit Brisbane’s needs. Potential options to be evaluated in the forthcoming strategic plan should include but not be limited to: :
o Subsidize Affordable Housing Projects: Provide gap financing (loans or grants) for 100% affordable housing projects.
o Homebuyer Assistance: Provide down payment assistance (loans or grants) for low and moderate income households to buy market rate homes.
o ADU Construction Grants: Provide construction grants or loans for ADUs in return for affordability restrictions.
o Renter Assistance: Provide financial assistance for renters at risk of losing housing via an annual revolving fund.
o At Risk Property Acquisition: Acquisition of existing low/mod units to ensure they remain affordable and are not converted to market rate housing over time.

3. Develop affordable housing strategies for the Baylands The Baylands offers a very different set of opportunities for establishing affordable housing than are present in the rest of Brisbane. It is critical that the City be proactive in developing an affordable housing strategy for the Baylands to ensure that it is well-defined in the specific plan and development agreement as appropriate.

4. Evaluate options to maintain a revenue stream for low/mod housing over time.

While the loss of redevelopment eliminated the primary on going source of local affordable housing funds, there are other potential sources which can be explored.

ATTACHMENT 4
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Affordable Housing Plan Page 3 of 3
Next Steps
If authorized by the City Council, staff will work with the Council Housing Subcommittee to finalize the RFP. The Subcommittee would be involved in the consultant selection process and ultimately make a recommendation to the full City Council.

Fiscal Impact
To be determined upon receipt of responses to RFP. A portion of the cost would be reimbursable under the City’s existing reimbursement agreement with BDI for the Baylands Specific Plan and affordable housing funds can be used for the remainder.

Measure of Success
Development of a strategic plan for affordable housing plan that allows the City to identify ongoing funding sources and prioritize investment in affordable housing programs that will have the highest benefit to the community.

Attachments
None.
___________________________________ ___________________________________ John Swiecki, Community Development Director Clay Holstine, City Manager ATTACHMENT 4
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Affordable Housing Plan Consultant Selection Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: July 15, 2021
From: John Swiecki, Community Development Director
Subject: Affordable Housing Strategic Plan Request for Proposals and Consultant Selection
Community Goal/Result
Community Building - Brisbane will honor the rich diversity of our city (residents, organizations, businesses) through community engagement and participation Fiscally Prudent - Brisbane's fiscal vitality will reflect sound decisions which also speak to the values of the community
Purpose
To develop an affordable housing strategic plan that will provide affordable housing policies and investment strategies tailored to the City’s present and future affordable housing needs.

Recommendation
That the Council authorize the Housing Subcommittee to select the successful affordable housing consultant, and authorize the City Manager to negotiate and sign a professional services agreement with the successful consultant.

Background
At the May 6, 2021 City Council meeting, Council authorized the release of an RFP for qualified consultants to prepare an affordable housing strategic plan and authorized the City Council Housing Subcommittee (Council Members Davis and Lentz) to make a recommendation for consultant selection to the full City Council. The May 6, 2021 staff report is attached for reference.

The RFP (attached) was released on June 4, 2021, and proposals were received by the July 2, 2021 deadline from the following firms:
- BAE Urban Economics
- ECONorthwest
- Keyser Marston Associates
- Michael Baker International
- Seifel Consulting Inc.

Consultant interviews with the Housing Subcommittee are scheduled for the week of July 19, 2021.

ATTACHMENT 5
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Affordable Housing Plan Consultant Selection Page 2 of 2 Discussion
The Council will not meet again until September due to the summer break. Considering the importance of advancing the affordable housing strategic planning process in light of the upcoming Baylands Specific Plan process and the City’s Housing Element update, staff recommends that the consultant selection and execution of a professional services agreement move forward in a timely manner based on the Housing Subcommittee’s recommendation. The Subcommittee and staff will evaluate responsive proposals based on the consultant’s expertise and translatable experience, understanding of the housing, financing, and planning context in Brisbane, budget, and overall vision and approach to the work.

Fiscal Impact
Proposed budgets in the proposals received range from approximately $73,000 to $180,000.

There is approximately $2 million available in the low and moderate income housing fund, which is anticipated to increase to approximately $4 million when the Housing Authority’s sale of the McLain property closes. Additionally, since much of the work scope is directly attributable to the Baylands, the City’s reimbursement agreement with the Baylands developer (BDI) will enable some portion of the contract cost to be borne by the developer.

Measure of Success
An affordable housing strategic plan prepared by a qualified consultant team that will identify the most efficient and effective affordable housing investment and planning strategies for Brisbane.

Attachments

1. May 6, 2021 Council staff report (hyperlink)

2. Affordable Housing RFP (hyperlink)
___________________________________ ___________________________________ John Swiecki, Community Development Director Clay Holstine, City Manager ATTACHMENT 5
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Affordable Housing Strategic Plan and Housing Element Update Page 1 of 3

CITY COUNCIL AGENDA REPORT
Meeting Date: March 3, 2022
From: Community Development Director
Subject: Affordable Housing Strategic Plan Goal Setting Workshop and Housing Element Update
Community Goal/Result
Community Building - Brisbane will honor the rich diversity of our city (residents, organizations, businesses) through community engagement and participation Purpose
To: 1) provide the City Council a status report regarding the ongoing Housing Element update; and 2) provide the City Council with an update on the Affordable Housing Strategic Plan (AHSP) and solicit Council feedback on affordable housing goals and objectives to further inform the development of the AHSP.

Recommendation
That the City Council provide input it deems appropriate for the AHSP.

Background/Discussion
Affordable Housing Strategic Plan
As authorized by the City Council in May 2021, the City selected consulting firm EcoNorthwest to prepare a citywide Affordable Housing Strategic Plan (AHSP). EcoNorthwest commenced work on the AHSP in August 2021.

As a reminder, the purpose of the AHSP is to focus the City’s efforts to provide new affordable housing and protect existing affordable housing through the following actions:

1. Update and streamline the City’s management of existing affordable housing units and programs to better manage existing and future affordable deed-restricted housing units.

2. Develop affordable housing strategies specifically for the Baylands.

3. Identify city-wide funding priorities for the City’s affordable housing funds.

4. Evaluate options to create an ongoing revenue stream to fund affordable housing.

5. Review the City’s affordable housing requirements in the zoning ordinance to make sure they are feasible, realistic, and will result in the greatest benefit to the community.

Additional background information and discussion points will be provided in tonight’s presentation by EcoNorthwest.

ATTACHMENT 6
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Affordable Housing Strategic Plan and Housing Element Update Page 2 of 3 The consultant team will be soliciting feedback from the council regarding strategy prioritization. Topics to be discussed may include:
• The appropriateness of linking affordable housing to commercial development • Value capture strategies to support affordable housing • Appropriate role of land use in supporting affordable housing • The balance of resources dedicated to production, services, and support • Discussion of housing need and populations served
• Location of affordable housing
• Discussion of the City’s unique opportunities and challenges Housing Element Update
Pursuant to state law, the City is required to update its Housing Element every 8 years. The Housing Element must be accepted by the State Department of Housing and Community Development (HCD) and adopted by the City Council by January 31, 2023. The Planning Commission is actively engaged in a series of workshops addressing various issues of concern that must be addressed in the Housing Element. Staff anticipates publication of a draft Housing Element in April 2022 allowing sufficient time for Planning Commission and City Council review along with multiple reviews by HCD.

While the Housing Element has numerous mandatory requirements, a critical component is to identify adequate sites to meet the City’s “fair share” of the region’s housing need as established in the City’s Regional Housing Needs Allocation (RHNA). On February 24, the Planning Commission discussed the lack of capacity in the City’s existing zoning to accommodate the RHNA and the need to rezone sites to make up for the shortfall (see table below),
City of Brisbane RHNA 2023-2031
Housing Units and Existing Zoning Shortfall by Income Categories Very Low Low Moderate Above Moderate
(Market Rate)
Totals
RHNA Housing
Units by Existing
Zoning
254 16 44 129 429
RHNA +20%** 380 220 364 942 1,906
Shortfall for
Rezoning
126 204 320 818 1,477
** 15-30% buffer recommended by HCD. See February 10th PC workshop report for further details.

To address this shortfall, staff has preliminarily identified several sites that might be considered for rezoning. These sites were presented for consideration by the community at large via an online simulation tool called “Balance Brisbane,” which was open from December to February and allowed participants to design their own proposal for rezoning to meet the City’s RHNA.

ATTACHMENT 6
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Affordable Housing Strategic Plan and Housing Element Update Page 3 of 3 Results of the Balance simulation can be viewed in the February 24, 2022 Planning Commission agenda report, an excerpt of which is included as an attachment to this report. Most notably, adoption of a specific plan for the Baylands with a residential yield within the range permitted under the General Plan (1800-2200 units) would satisfy the City’s RHNA.

State law obligates the City to complete rezonings to satisfy the RHNA by either January 31, 2024 or January 31, 2026 depending on whether or not the City adopts the Housing Element by the state- mandated deadline.

Attachments

1. Excerpt from February 24, 2022 Planning Commission agenda report regarding Balance Brisbane results
___________________________________ ___________________________________ John Swiecki, Community Development Director Clay Holstine, City Manager Clayton L..Holstine
ATTACHMENT 6
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ATTACHMENT E
1 BALANCE BRISBANE
Key:

1. Baylands (Northwest)

2. Levinson (Guadalupe Hills)

3. Peking (Guadalupe Hills)

4. Parkside PAOZ-1 (Parkside)

5. Parkside PAOZ-2 (Parkside)

6. Parkside PAOZ-2 Extension (Parkside)

7. Parkside PAOZ-3 (Parkside)

8. Central Brisbane (SFD/MFD/ADU)

9. Visitacion Ave (Central Brisbane)

10. Lower Thomas Hill (Lower
Acres)

11. Southwest Bayshore (SW)

12. Southeast Bayshore (SE)
aka Former VWR

13. Marina (Sierra Point)
1,800 Units
99 Units
50 Units
39 Units
34 Units
32 Units
25 Units
92 Units
178 Units
36 Units
50 Units
7 Units
16 Units
26 Units

Average Number of Housing Units Submitted by Site
1 ATTACHMENT 6
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ATTACHMENT E
3 Figure 1: Percentage of submissions that identified housing by planning area in January and at close.

However, while the submissions showed participants indicated housing could be accommodated within multiple planning areas throughout the City, the quantities of housing units they submitted, excluding those on the Baylands, was fairly low. Figure 2 illustrates the average number of housing units allocated by site. The Baylands received by and far the most average number of housing units. This is in part because Measure JJ allows between 1,800 and

AVERAGE HOUSING UNIT ALLOCATION BY SITE
Results as of
01/27/22
Results as of
02/06/22
Figure 2: Average Housing Unit Allocation by site.
1 ATTACHMENT 6
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File Attachments for Item:

H. Consider Introduction of the Dark Sky Ordinance, waiving first reading, adding Chapter 15.88 Outdoor Lighting Standards to the Brisbane Municipal Code (This Ordinance is exempt from further environmental review under the California Environmental Quality Act (CEQA) because it is not a project (CEQA Guidelines, §15378 (b) (2)).

As proposed, the ordinance will result in required changes to streetlights and other public facilities within fifteen (15) years of the effective date, with an estimated cost upwards of $1M.

Additional implementation costs may include equipment and training for police officers. Staff proposes to create a program to systematically make updates over time.) 154
Dark Sky Ordinance Page 1 of 4

CITY COUNCIL AGENDA REPORT
Meeting Date: November 16, 2023
From: Adrienne Etherton, Sustainability Manager
Subject: Dark Sky Ordinance
This Ordinance is exempt from further environmental review under the California Environmental Quality Act (CEQA) because it is not a project (CEQA Guidelines, §15378 (b) (2)).

Community Goal/Result
Ecological Sustainability; Community Building; Safe Community Purpose
To protect and enhance the local environment and public health by reducing light pollution at night through reasonable restrictions on outdoor lighting.

Recommendation
Introduce the Dark Sky Ordinance, waiving first reading, adding Chapter 15.88 Outdoor Lighting Standards to the Brisbane Municipal Code.

Background
Growing evidence in recent years has recognized the significant negative impact of artificial light at night on ecosystems and human health. As LED lighting has decreased in cost and grown in popularity, increased use has contributed to over-lighting that wastes energy, interrupts the sleep of neighbors, and disrupts the habits of pollinators, migratory birds and other species.

Brisbane’s Open Space and Ecology Committee (OSEC) has had this on their annual workplan since 2018. Beginning in 2021, an OSEC subcommittee and Sustainability and Planning staff collaborated to evaluate priorities for the ordinance and appropriate standards.

In February 2023, City Council liaisons O’Connell and Mackin joined OSEC to discuss whether the City should pursue International Dark Sky Community certification. Due to the strict requirements of certification and Brisbane’s surroundings in a heavily urbanized area, direction was provided to bring forth an ordinance customized to the local context.

John Barentine of Dark Sky Consulting was engaged to review an initial draft of the ordinance.

Barentine recommended modifications and helped establish quantitative standards to ensure the ordinance would reduce the impacts on local environmental and public health while providing the lighting necessary to ensure community safety and security. The draft ordinance was reviewed by Public Works, Community Development, Police, Fire, and Code Enforcement staff, and legal counsel.

In September, staff and the subcommittee released a community survey to collect feedback on the proposed ordinance; 173 responses were received with the overwhelming majority from local residents. As you can see in the summary in Attachment 4, most respondents were 1 of 35
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Dark Sky Ordinance Page 2 of 4
supportive of the proposed rules and felt that outdoor lighting at night in Brisbane is a problem, while a vocal minority were opposed or felt it would not make a difference.

OSEC reviewed the ordinance at their October meeting and with a minor modification related to regulation of the Brisbane STARS, voted unanimously to recommend the ordinance for City Council consideration. After OSEC’s review, staff noticed the omission of the C/PU zoning district from section 15.88.050, and the need for clarification on lighting exempted from shielding or broader compliance with the ordinance being exempt from the prohibition on light trespass. These changes have been added in redline in the attached draft.

Discussion
Outdoor lighting is crucial for safety and security and is effective when light is used when and where needed; light that is directed into the sky, beyond the property on which it is being used, or in areas not in use is a waste of energy and detrimental to neighbors and the nocturnal environment. The ordinance focuses on a few key strategies to reduce problematic lighting:

1. Shielding: most outdoor light fixtures are required to be fully shielded, that is, physically covering the light source so that light is only emitted downward. Exceptions include lowintensity string lights, seasonal lighting, and lighting of a US or CA flag.

2. Light trespass: the light source (i.e. bulb) cannot be visible offsite of the property.

3. Color temperature: the “correlated color temperature” of outdoor lighting, except seasonal or other exempted lighting, shall be 3000 Kelvin or less, which is a “warmer” yellow light as opposed to “cooler” blue light hues that mimic daylight.

4. Curfews and other lighting controls: most outdoor lighting should be off after 10pm or close of business, whichever is later. Lighting activated by motion sensor which extinguishes ten minutes after activation and lighting at building entrances, parking areas and driveways (residential), or driveway egress points (commercial) is not subject to curfew. Commercial uses shall utilize automated control systems such as motion sensors, timers and/or photocells which are programmable and have battery backup.

5. Sitewide illumination limits which vary by zoning district: The ordinance limits the total illumination, measured in lumens, generated by all exterior lighting on a given property.

Maximum illumination limits vary by district and land use, and are based on either the developed lot area (roughly equivalent to the lot coverage) for residential uses or area of hardscape (i.e., driveways, parking lots, patios) for commercial uses. Limits are tailored to the land use, with allowable illumination in Open Space areas only ten percent of those in commercial zones.

In addition, the ordinance exempts or has limited requirements over certain lighting types:
• Exempt: Low-intensity landscape lighting, indoor lighting, combustible fuel lighting when used temporarily in occupied areas, fire alarm notification devices, and any form of lighting regulated by authorities above the City (i.e. school districts, federal agencies such as the Coast Guard). Address lighting, temporary emergency or construction lighting, or temporary lighting not subject to city permitting are exempt but shall be deployed to comply to the greatest practical extent with the ordinance. 2 of 35
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• Curfew Only: Brisbane Stars and seasonal/holiday lighting, with seasonal lighting limited to Oct 1 – Feb 15.
• Streetlights: are not subject to curfew and light trespass; acorn-style decorative lights are exempt from shielding until an approved replacement program is in place; a maximum brightness level is established; and all lamps will be replaced upon burnout to meet ordinance standards.
• Recreational and Athletic Fields: shall meet appropriate Illuminating Engineering Society standards and include timers to prevent lights being left on accidentally.

Compliance is addressed across various timelines depending on difficulty:
• All new or replaced outdoor lighting after the effective date shall comply. Planning and building application requirements will be modified to include lighting inventories and other details to demonstrate compliance with the ordinance. • Within one year of the effective date of the ordinance, all existing outdoor lights (except streetlights) shall make the “easy fixes”: directing lighting downward if possible, adjusting dimmers and motion timers to comply where lighting is equipped with them, and replacing bulbs to meet color and lumen thresholds when they are replaceable. • More extensive changes, such as replacement of fixtures, shall be completed within:
o Five (5) years for non-residential zones;
o Ten (10) years for residential zones;
o Fifteen (15) years for streetlights and other City facilities. o Extensions for financial or other hardship up to one year may be requested. • Deviations may be approved for unique circumstances and shall achieve the intent of the ordinance to the maximum extent feasible. Decisions shall be noticed publicly and to property owners within a 300’ radius and are appealable to the City Manager. • Enforcement would be complaint-based and subject to the City’s regular Administrative Citation process.

Altogether, the proposed standards attempt to balance lighting needs for safety, security and outdoor activities while eliminating or reducing lighting that doesn’t serve a useful purpose.

The compliance timelines intend to provide property owners ample opportunity to make changes as existing lighting burns out or is otherwise due for replacement and limit the financial burden. Staff and the OSEC dark sky subcommittee expect to embark on an extensive education and outreach campaign to bring awareness to the problem of light pollution and the regulations. In addition, if the Council advises, a program to support conversions among those with financial hardship could be proposed for consideration with the next fiscal year budget; such a program was recommended by some survey respondents.

Fiscal Impact
As proposed, the ordinance will result in required changes to streetlights and other public facilities within fifteen (15) years of the effective date, with an estimated cost upwards of $1M.

Staff proposes to create a program to systematically make updates over time, spreading the cost out, with priority for areas deemed most problematic. This program will be subject to Council’s approval for funding.
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Additional implementation costs may include equipment and training for police officers.

Should the City Council wish to consider a program for those with financial hardship, those additional costs could be considered within the annual budget.

Measure of Success
Adoption of the Dark Sky Ordinance leads to reduced local light pollution and energy waste.

Environmental Review
Adoption of this ordinance does not need further environmental review under the California Environmental Quality Act (CEQA) as it is general policy and procedure making not applied to a specific instance and therefore it is not a “project” (California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, §15378 (b) (2).

Attachments

1. Draft Dark Sky Ordinance

2. Sample educational ordinance summary

3. Map of proposed overall light allowances

4. Results of community survey
___________________________________
Adrienne Etherton, Sustainability Manager
___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 4 of 35
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Brisbane City CouncilNovember 16, 2023

Brisbane City Council
November 16, 2023