Agenda packet — Brisbane City Council, May 2, 2024

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CITYof BRISBANE
Thursday, May 2, 2024 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 May 2, 2024 - 2 - 7:30 PM

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

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

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

ADOPTION OF AGENDA

AWARDS AND PRESENTATIONS
B. Proclaiming May 2024 as Wildfire Awareness Month
C. Proclaiming May 19-25, 2024 as Emergency Medical Services (EMS) Week D. Youth Advisory Committee Presentation
E. Jackie Speier Foundation Presentation
ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
F. Approve Minutes of City Council Meeting of March 21, 2024 G. Approve Minutes of City Council Meeting of April 4, 2024 H. Approve Minutes of City Council Closed Session Meeting of April 4, 2024 I. Accept Investment Report as of March 2024
J. Receive the recommendation from the Public Art Advisory Committee and authorize the repairs to the existing art sculptures in Firth Park, in the amount of $5,128 2 May 2, 2024 - 3 - 7:30 PM
K. Receive Recology Brisbane’s 2024 Rate Increase
L. Receive South San Francisco Scavenger’s 2024 Rate Increase M. Approve Lyrical Opposition’s Lyrical Festival and Fundraiser as a cosponsored event N. Adopt an Ordinance, waiving second reading, revising Chapter 10.26 to the Brisbane Municipal Code Concerning “Residential Parking Permit Program” O. Reject Smelly Mel’s Plumbing’s Bid as Nonresponsive and Award the Construction Contract for the Alvarado Stairway Water Main Rehabilitation Project, Job No. 921L to Golden Bay Construction, Inc., in the amount of $225,270.00, and Authorize the Mayor to Sign the Agreement for the City

NEW BUSINESS
P. Adopt a Resolution to Appoint Jeremy Dennis as City Manager and Authorize the Mayor to Execute the Employment Agreement
Q. Planning Program-70 Old County Road/Parkside/Crocker Park (It is being recommended that the City Council provide direction for future planning efforts in this area and authorize staff to prepare a scope of work reflecting the City Council’s direction.)

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

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

ADJOURNMENT
3 File Attachments for Item:

F. Approve Minutes of City Council Meeting of March 21, 2024 4 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING AGENDA
THURSDAY, MARCH 21, 2024
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor O’Connell called the meeting to order at 7:31 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 under the Emergency Circumstances of AB 2449.

Councilmembers present: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell Councilmembers absent: None
Staff Present: Interim City Manager Holstine, City Clerk Padilla, City Attorney McMorrow, Assistant to the City Manager Cheung, Community Development Director Swiecki, Senior Planner Johnson, Recreation Coordinator Franco, Economic Development Director Bull, Finance Director Yuen, Police Commander Garcia and Administrative Management Analyst Ibarra

REPORT OUT OF CLOSED SESSION
City Manager Holstine reported that Councilmembers provided direction on Personnel Matters Item D.

ADOPTION OF AGENDA
Councilmember Davis made a motion, seconded by Councilmember Cunningham, to adopt the agenda as it stands. The motion passed unanimously by all present.

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

Absent: None
Abstain: None
5 F.

City Council Meeting Minutes
March 21, 2024

Page 2 ends

ORAL COMMUNICATIONS NO. 1
Michele Salmon made a comment on the following items: CC&Rs on Landmark/the Northeast Ridge development, Callippe Hill, and the need for public hearings for Surplus Property.

Chris F. commented that the City should expand use of shuttles because we need to improve our public transportation system.

CONSENT CALENDAR
B. Approve Minutes of City Council Meeting of February 15, 2024 C. Approve Minutes of City Council Closed Session Meeting of February 27, 2024 D. Approve Minutes of City Council Closed Session Meeting of March 7, 2024 E. Approve BEST/PTO’s Spring Thing Event as a Cosponsored Event F. Authorize Submission of 2023 Annual Housing Element Progress Report (To comply with reporting requirements of State law, it is being recommended to direct staff to submit the 2023 Housing Element Annual Progress Report to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research.) Councilmember Davis made a motion, seconded by Councilmember Cunningham, to adopt the agenda as it stands. The motion passed unanimously by all present.

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

Absent: None
Abstain: None

NEW BUSINESS
G. Receive Report back from Council Subcommittee Evaluating Various Election Issues Interim City Manager Holstine reported that the City Council appointed a subcommittee of Davis and Lentz to review three election issues:
• Term Limits for Councilmembers
• District Elections for City Council races
• Directly elected Mayor
He added that the Subcommittee met and reviewed these items and discussed next steps. He also added that the City Council has had a policy that if an issue is taking more than two hours of staff and/consultant resources an estimate of potential staff time and consultant cost be brought back to the Council as Whole for discussion. It was estimated that staff will need about 10 hours of research time to provide more information on these election issues. It was also estimated that a demographer’s first phase of services will cost about $6,500. 6 F.

City Council Meeting Minutes
March 21, 2024

Page 3 ends

After Council questions, Nancy Lacsamana, Michele Salmon and Roland Lebrun made comments on the election issues. After council discussion, Councilmembers directed staff to move forward with the additional staff time for research to gather more information and to wait on hiring any consultants.

H. Presentation of a Report detailing the Economic Position of the City of Brisbane during the period of 2013-2023
Economic Development Director Bull presented the Council with a report updating the City of Brisbane’s 2013 Economic Development Action Plan and examining the impact of measures taken after 2008 and the economic changes within Brisbane and the Bay Area region on the business sector over the past ten years. The report provides a snapshot of Brisbane in 2023 and the current economic conditions (including the impact of the COVID-19 pandemic from 2019-2023).

After council questions, no public comment and council discussion on minor edits to the report, the Council thanked Economic Development Director Bull for his report.

STAFF REPORTS
I. City Manager’s Report on Upcoming Activities
Interim City Manager Holstine reported on upcoming activities and the latest city news.

MAYOR/COUNCIL MATTERS
J. Countywide Assignments and Subcommittee Reports
Councilmembers reported on their Countywide and Subcommittee meetings.

K. Written Communications
Councilmember received the following written correspondence:
• Power (3/8/24) Thank you and Follow Up on Leadership Council • Salmon (3/21/24) CCRs for Landmark at Northeast Ridge • Salmon (3/21/24) CCRs for NER 09-17-2007
ORAL COMMUNICATIONS NO. 2
Paul Bouscal commented that he was glad that Open Space and Ecology Committee went forward with the tree assessment by an arborist.

Diana Sosa commented on how councilmembers should speak about spending public funds and to consider the protective class of age for district elections.

ADJOURNMENT
Mayor O’Connell adjourned the meeting at 9:03 P.M.
_______________________
Ingrid Padilla
City Clerk
7 F.

File Attachments for Item:

G. Approve Minutes of City Council Meeting of April 4, 2024 8 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING AGENDA
THURSDAY, APRIL 4, 2024
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor O’Connell called the meeting to order at 7:36 P.M. and led the Pledge of Allegiance.

Councilmembers present: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell Councilmembers absent: None
Staff Present: Interim City Manager Holstine, City Clerk Padilla, City Attorney McMorrow, Finance Director Yuen, Police Chief Macias, and Communications & Digital Media Coordinator Ordoña

REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers were provided an update on the Pending Litigation Item D and no action was taken.

ADOPTION OF AGENDA
A community member made a request to adjourn the meeting in memory of Father John Balleza, the parish priest for the Our Lady of Guadalupe Mission. Councilmember Davis made a motion, seconded by Councilmember Lentz, to adopt the agenda as amended. The motion passed unanimously by all present.

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

Absent: None
Abstain: None
9 G.

City Council Meeting Minutes
April 4, 2024

Page 2 ends

ORAL COMMUNICATIONS NO. 1
No member of the public wished to make public comment.

CONSENT CALENDAR
B. Approve Minutes of City Council Meeting of March 7, 2024 C. Approve Minutes of City Council Closed Session Meeting of March 16, 2024 D. Approve Minutes of City Council Closed Session Meeting of March 17, 2024 E. Accept Investment Report as of February 2024
F. Approve Fundraising Plan for the 2024 Summer Concerts in the Park Series G. Approve Resolutions Reappointing Committee Members Alex Horton and Mangesh Kolhatkar to the Inclusion, Diversity, Equity, and Inclusion Committee until January 2026 Councilmember Mackin made a request to pull Consent Calendar Item B for clerical corrections.

Councilmember Mackin made a motion, seconded by Councilmember Davis, to approve Consent Calendar Items C-G. The motion passed unanimously by all present.

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

Absent: None
Abstain: None

OLD BUSINESS
H. Receive Mid-Year Budget Report and Consider Adoption of Resolution Amending the Annual Budget for Fiscal Year 2023-24 And Making Appropriations for the Amount Budgeted Finance Director Yuen reported that the City is expected to experience overall net savings of $812,584 compared to the FY24 budgeted use of funds of $1,903,736. Staff is anticipating approximately $2,195,000 in additional revenues for the 2024 fiscal year, for a total of $28,891,000. The largest increases were due to the increase in Property Taxes, followed by Fees and Charges, then by Business Licenses and reduced slightly by Sales Taxes. Staff is requesting budget adjustments to revenue in the net amount of $2,195,000.

Finance Director Yuen, also reported that staff recommends transferring $500,000 by the end of the fiscal year to the pension trust. Any savings net of pension transfer will be rolled over to be considered for the FY25 budget and be used to pay for the level of services requested by the Council.

After Council questions, no public comment and Council discussion, Councilmember Mackin made a motion, seconded by Councilmember Davis, to adopt a resolution amending the annual budget for Fiscal Year 2023-24 and making appropriations for the amount budgeted. The motion passed unanimously by all present. 10 G.

City Council Meeting Minutes
April 4, 2024

Page 3 ends

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

Absent: None
Abstain: None

STAFF REPORTS
I. City Manager’s Report on Upcoming Activities
No report was provided.

MAYOR/COUNCIL MATTERS
J. Countywide Assignments and Subcommittee Reports
Councilmembers reported on their Countywide and Subcommittee meetings.

K. Written Communications
The Council received the following written correspondence:
• Larson (3/26/24) Mayor for a Day
• Liepper (3/26/24) Civil Action Petition
• Tainter (4/1/24) Complete Streets
• Mendez (4/3/24) District Elections
• Lacsamana (4/4/24) Election Process
• Riedell (3/18/24) District Elections
ORAL COMMUNICATIONS NO. 2
No member of the public wished to make public comment.

ADJOURNMENT
Mayor O’Connell adjourned the meeting at 8:53 P.M. in memory of Father John Balleza. _______________________
Ingrid Padilla
City Clerk
11 G.

File Attachments for Item:

H. Approve Minutes of City Council Closed Session Meeting of April 4, 2024 12 BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, APRIL 4, 2024
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,

BRISBANE, CA
6:45 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D.Conference with Legal Counsel—Pending Litigation
Government Code, Section 54956.9 (d) (1). Number of Cases: One • City of Brisbane v. CA High-Speed Rail Authority (Superior Court of Sacramento County, Case No. 80004010)

ADJOURNMENT
Mayor O’Connell called the meeting to order at 6:48 P.M. Councilmember Davis made a motion, seconded by Councilmember Lentz, to approve the Closed Session Meeting Agenda as it stands. The motion passed unanimously by all present.

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

Noes: None

Absent: None
Abstain: None
No member of the public was present. Mayor O’Connell adjourned the meeting into Closed Session.

REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers were provided an update on the Pending Litigation Item D and no action was taken.

ADJOURNMENT
The meeting was adjourned at 7:31 P.M.
______________________
Ingrid Padilla, City Clerk
13 H.

File Attachments for Item:

I. Accept Investment Report as of March 2024
14 15
I.

File Attachments for Item:

J. Receive the recommendation from the Public Art Advisory Committee and authorize the repairs to the existing art sculptures in Firth Park, in the amount of $5,128 16 Firth Park Art Restoration Project Page 1 of 3

CITY COUNCIL AGENDA REPORT
Meeting Date: May 2, 2024
From:Noreen Leek, Parks & Recreation Director
Subject: Firth Park Art Restoration Project
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
Receive the recommendation from the Public Art Advisory Committee and authorize the repairs to the existing art sculptures in Firth Park, in the amount of $5,128.

Background
In 2023, the Public Art Advisory Committee discussed tackling a few small-scale projects. One project included refurbishing the existing art at Firth Park which would include the turtle and helix sculptures.

As evidenced by the photos in Attachment 1, both pieces are in disrepair and in need of significant restoration in order to preserve them as part of the City’s art collection. The Committee directed staff to collaborate with the City’s Public Works team to determine the scope of work required to repair the pieces and to solicit an estimate. The estimate from Carmel Kabash for the repairs is provided in Attachment 2. (Please note: this estimate includes additional work for other projects that are not related, but at this time, Council is only being asked to consider the estimate for the Firth Park turtle and helix.)
Discussion
On April 15th, the Public Art Advisory Committee reviewed the estimate and voted unanimously to recommend the restoration project to the City Council. This stage of restoration would be phase 1 and only includes the structural repair process. A secondary phase of restoration (to artfully redesign the pieces) will be discussed at a future Public Art Advisory Committee meeting. From there, a recommendation would be provided to the council to solicit artists through a formal RFP/RFQ public process in accordance with the art implementation guidelines.

Fiscal Impact
The cost estimate for phase 1 of this project (to repair the existing structures) is $5,128. Funds to support this effort are available within the Public Art Fund (Fund 275). 17 J.

Firth Park Art Restoration Project Page 2 of 3
Attachments

1. Photos demonstrating existing conditions of Firth Park art

2. Estimate from Carmel Kabash
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Clay Holstine, City Manager 18 J.

Firth Park Art Restoration Project Page 3 of 3
ATTACHMENT 1

PHOTOS OF FIRTH PARK ART

19 J.
708 Humboldt Road
Brisbane, CA 94005
415-368-8963
[email protected]
www.carmelkabashcoatings.com
Lic. No. 1041643
March 9, 2024
Keegan Black
50 Park Place
Brisbane, CA 94005
Dear Mr. Black,
Please find enclosed my estimate for painting the Helix and Turtle Sculptures at Firth Canyon Park, as well as the Community Park Pony Wall, and the Police Station interior and exterior wall with moisture issue in Brisbane, CA. The project will be my number one priority and will be executed to the highest standards of professionalism.

I bring considerable skill and experience to the project. I serve residential and commercial clients in the Bay Area community. I do both interiors and exteriors.

I do high quality work from the prep work to the finish coats of paint. For preparatory work, I mask surfaces, do extensive scraping and sanding, patch where necessary, dust, and caulk as necessary. Many low-quality painters don’t do the prep work that I do. I do a full body prime of surfaces and two finish coats of paint using the highest quality paints. Low bid painters cut corners and spot prime and use fewer coats of paint using substandard paint products. My work lasts years. Low bid painters do paint jobs that need to be done over in only a few years. When a client retains my services, they know they will have a paint job that lasts years without failing.

Please visit my website to learn more about my company’s work.

Please feel free to contact me with any questions regarding the project and my qualifications. I hope to have the pleasure of working with you.

Sincerely,
Carmel Kabash
Enc.
20 J.

Lic. No. 1041643
Estimate
FROM: Carmel Kabash
708 Humboldt Road
Brisbane, CA 94005
415-368-8963
PROPOSAL SUBMITTED TO:

Name: Keegan Black
Phone: (415) 728-7986 Date: 3/9/2024
Street: 50 Park Place
City: Brisbane
State: CA Zip: 94005
I propose to furnish all labor and materials necessary to paint the Helix and Turtle Sculptures at Firth Canyon Park, as well as the Community Park Pony Wall, and the Police Station interior and exterior wall with moisture issue in Brisbane, CA. Specifically, the work to be done is:

Preparatory Work:
o Contain work area
o Masking
o Scraping
o Sanding
o Patching where necessary
o Dusting
o Caulking – defective and missing caulk will be replaced o Rust spots will be coated in red oxide
o The surfaces of the Helix and Turtle sculptures will be sanded and rinsed with a phosphoric acid cleaner o Cracks of the Helix and Turtle sculptures will be patched with Miracle Bond repair epoxy o For the Community Park Pony Wall, old glue will be ground off and the decorative wave will be put back o The cracks at the Police Station exterior surfaces will be sanded open and patched with a Shermax urethane elastomeric caulking
o The cracks at the Police Station interior surfaces will be sanded open and patched with a Shermax urethane elastomeric caulking
Painting
o The Helix and Turtle sculptures as well as the Community Park Pony Wall will be primed in a Sherwin Williams Rejuvenate primer
o Surfaces of the Helix and Turtle sculptures will be finished in a Sherwin Williams Emerald Rain Refresh HPA High Performance Acrylic
o The surfaces of the Community Park Pony Wall will receive two finish coats of a Sherwin Williams Sher-Cryl HPA paint
o The exterior of the Police Station will be primed with a Sherwin Williams Loxon Water Blocking Primer and receive two finish coats of a Loxon XP water proofing paint
o The interior of the Police Station will be primed with a Sherwin Williams Loxon Water Blocking Primer and receive two finish coats a Sherwin Williams Duration flat finish paint General
o We will clean and dispose of refuse
21 J.

All of the work is to be completed in a substantial and workmanlike manner for the following projects:
• Turtle/Helix Scultpures: $5,128 in labor and materials • Community Park Pony Wall: $4,800 in labor and materials • Police station interior and exterior water damaged surfaces: $7,680 in labor and materials Authorized Signature
Carmel Kabash
22 J.

File Attachments for Item:

K. Receive Recology Brisbane’s 2024 Rate Increase
23 Solid Waste Collection Rate Adjustment Page 1 of 1

CITY COUNCIL AGENDA REPORT
Meeting Date: May 2, 2024
From: Director of Public Works/City Engineer
Subject: Solid Waste Collection Rate Adjustment
Community Goal/Result: Ecological Sustainability
Purpose: To review rate adjustments submitted by one of the city’s solid waste franchisees.

Recommendation: Receive Recology Brisbane’s 2024 rate increase.

Background
The city has two Franchise Agreements dated November 20, 2014 for the provision of waste collection services, one with South San Francisco Scavenger Company in Solid Waste Collection Zones 1(A&B) and 2, and one with Recology Brisbane in Solid Waste Collection Zone 3. Both agreements have language specifying under what conditions a rate increase may occur.

Discussion
Recology Brisbane did submit a request for rate increase; their proposed rates were reviewed by staff and found to be in accordance with their franchise agreement. Pursuant to each agreement, “. . . not later than June 30th of the year of the Notice of Intention, the City Council shall act upon the new maximum rates as appropriate, with any new maximum rates to become effective on July 1st of the same year.” The rate increase for this year is 2.45%. Last year’s rate increase was 4.64%.

With the company completing their calculation per the agreement, there is no discretionary action for the Council to take.

Fiscal Impact
The effective date of the new rates is July 1, 2024.

Measure of Success
Compliance with the previously agreed upon terms and conditions for rate adjustments.

Attachments

1. Recology Brisbane’s letter of 3/29/24 and redacted rate adjustment language

BY EMAIL
Clay Holstine
City Manager
City of Brisbane
50 Park Lane
Brisbane, CA 94005
RE: Notice of Intention to Increase Rates & Related Matters Dear Mr. Holstine:

The purpose of this letter is to notify the City of Brisbane of Recology’s intention to increase rates effective July 1, 2024 pursuant to the refuse rate index methodology set forth in the Franchise Agreement between the City and Recology.

RRI Rate Adjustment
Section 6.2 of the Franchise Agreement provides that maximum rates shall be adjusted each July 1 using a refuse rate index consisting of the weighted average of certain index items as specified below. The annual percentage change in each index item and the calculation of the RRI Adjustment Percentage are also set forth below. Accordingly, maximum rates shall be increased by 2.45% effective July 1, 2024 under Section 6.2.

Cost Category Weighting Source/Index Annual % Change in Source/Index
Weighted %
Change
Fixed Labor 0.60 As per CBAs 3.50% 2.10%
Variable/Processing Costs 0.25 CPI(U) 2.62% 0.66%
CNG Fuel 0.05 Fuel Index -6.15% -0.31%
RRI Adjustment Percentage: 2.45%
Franchise Fee Payment
Under Section 4.1 of the Franchise Agreement Recology must make an annual franchise fee payment to the City on or before April 30 of each year. The franchise fee is 14% of Recology’s gross revenues during the proceeding calendar year from the collection and disposal of solid waste within Zone 3. For calendar year 2023, these revenues amounted to $111,404.21. The franchise fee is therefore $15,596.59. We will remit payment before April 30.

Diversion Rate
Section 8.4 of the Franchise Agreement requires Recology to provide the City with an annual written report setting forth Recology’s best estimate of the diversion rate for its Zone 3 customers. 2 of 16
25 K.
2 We estimate based on volume and type of service, that the diversion rate for our Zone 3 customers was approximately 41% for the calendar year 2024.

Thank you for your consideration. We would be happy to meet with City staff to discuss these matters at your earliest convenience.

Sincerely,
Anthony Crescenti
General Manager
Recology Sunset Scavenger
(415) 330-2911
cc: Randy Breault, Public Works Director, City Engineer Terry Duong, Recology SF Region Controller
3 of 16
26 K.

Commercial rates include the following components:
• Volumetric charges shown are for trash service.
• Recycling services are charged at 25% of the volumetric rate for trash. * • Composting services are charged at 75% of the volumetric rate for trash. * • There are separate charges for premium services, such as key, distance and elevation. * Except for roll-off compactors, which are charged at 25% (recycling) or 75% (composting) of the calculated rate.

RATE BOOK
PROPOSED COMMERCIAL RATES EFF 7/1/24
Recology Brisbane 1 of 7
4 of 16
27 K.

SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2024

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates

1. Commercial Key Charges
1 Per Week = $ 19.71 2.45% $ 20.19
These rates apply to Carts located outside. 2 Per Week = $ 34.71 2.45% $ 35.56 Carts located inside: 3 Per Week = $ 49.37 2.45% $ 50.58 - Less than 100 feet from the curb will be charged 10% more. 4 Per Week = $ 63.51 2.45% $ 65.07 - More than 100 feet from the curb will be charged 25% more. 5 Per Week = $ 77.72 2.45% $ 79.62 Carts located 4 feet or more above or below ground level 6 Per Week = $ 99.03 2.45% $ 101.46 will be charged 25% more. 7 Per Week = $ 121.95 2.45% $ 124.94 Saturday = $ 21.33 2.45% $ 21.85
Sunday = $ 22.92 2.45% $ 23.48

2.Proposed Commercial Rates
Rate is per month, one pick up per week.

FOR ADDITIONAL CANS: MULTIPLY TIMES
PER WEEK BY THE NUMBER OF CARTS.

For recycling carts, charge is 25% of the charge shown below For composting carts, charge is 75% of the charge shown below 32 Gallon Carts 1 Per Week = $ 72.17 2.45% $ 73.94
Saturday = $ 83.25 2.45% $ 85.29
Sunday = $ 94.42 2.45% $ 96.73
64 Gallon Carts 1 Per Week = $ 147.86 2.45% $ 151.48
Saturday = $ 163.08 2.45% $ 167.08
Sunday = $ 192.29 2.45% $ 197.00
96 Gallon Carts 1 Per Week = $ 197.36 2.45% $ 202.20
Saturday = $ 217.09 2.45% $ 222.41
Sunday = $ 256.42 2.45% $ 262.70
Rates listed below are for carts up to 45 pounds.

Any weight exceeding 45 pounds will be charged an
additional $0.1143 per pound.
5 of 16
28 K.

SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2024

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates

3. Extra Pick-ups
64 Gallon Carts Regular $ 46.09 2.45% $ 47.22
Saturday = $ 62.22 2.45% $ 63.74
Sunday = $ 83.00 2.45% $ 85.03
96 Gallon Carts Regular $ 61.53 2.45% $ 63.04
Saturday = $ 83.08 2.45% $ 85.12
Sunday = $ 110.74 2.45% $ 113.45

4.Container Rates
Rate is per month, one pick up per week.

FOR ADDITIONAL CANS: MULTIPLY TIMES
PER WEEK BY THE NUMBER OF CARTS.

For recycling carts, charge is 25% of the charge shown below For composting carts, charge is 75% of the charge shown below 1 YD 1 Per Week = $ 433.57 2.45% $ 444.19
Saturday = $ 585.34 2.45% $ 599.68
Sunday = $ 779.88 2.45% $ 798.99

1.5 YDS 1 Per Week = $ 666.86 2.45% $ 683.20
Saturday = $ 900.21 2.45% $ 922.27
Sunday = $ 1,200.46 2.45% $ 1,229.87
2 YDS 1 Per Week = $ 771.98 2.45% $ 790.89
Saturday = $ 1,042.48 2.45% $ 1,068.02
Sunday = $ 1,389.38 2.45% $ 1,423.42

2.5 YDS 1 Per Week = $ 965.46 2.45% $ 989.11
Saturday = 1,299.96$ 2.45% $ 1,331.81
Sunday = 1,738.02$ 2.45% $ 1,780.60
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SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2024

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates
3 YDS 1 Per Week = $ 1,076.76 2.45% $ 1,103.14
Saturday = $ 1,452.94 2.45% $ 1,488.54
Sunday = $ 1,937.67 2.45% $ 1,985.14
4 YDS 1 Per Week = $ 1,346.10 2.45% $ 1,379.08
Saturday = $ 1,817.32 2.45% $ 1,861.84
Sunday = $ 2,422.87 2.45% $ 2,482.23
6 YDS 1 Per Week = $ 1,911.75 2.45% $ 1,958.59
Saturday = $ 2,322.75 2.45% $ 2,379.66
Sunday = $ 3,440.62 2.45% $ 3,524.92
7 YDS 1 Per Week = $ 2,229.98 2.45% $ 2,284.61
Saturday = $ 3,011.02 2.45% $ 3,084.79
Sunday = $ 3,516.49 2.45% $ 3,602.64

5. Extra Pick-ups for Containers
(per Yard) Regular $ 110.13 2.45% $ 112.83
Saturday = $ 148.72 2.45% $ 152.36
Sunday = $ 198.15 2.45% $ 203.00

6. Front Load Compactor Rates
Rate is per month, one pick up per week.

FOR ADDITIONAL CANS: MULTIPLY TIMES
PER WEEK BY THE NUMBER OF CARTS.

For recycling carts, charge is 25% of the charge shown below For composting carts, charge is 75% of the charge shown below

0.5 YD 1 Per Week = $ 306.81 2.45% $ 314.33
Saturday = 337.31$ 2.45% $ 345.57
Sunday = 371.24$ 2.45% $ 380.34
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30 K.

SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2024

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased %
Proposed
Maximum
Rates
.75 YD 1 Per Week = $ 460.22 2.45% $ 471.50
Saturday = $ 505.96 2.45% $ 518.36
Sunday = $ 556.86 2.45% $ 570.50
1 YD 1 Per Week = $ 613.62 2.45% $ 628.65
Saturday = $ 674.60 2.45% $ 691.13
Sunday = $ 742.48 2.45% $ 760.67

1.5 YDS 1 Per Week = $ 920.43 2.45% $ 942.98
Saturday = $ 1,011.91 2.45% $ 1,036.70
Sunday = $ 1,113.73 2.45% $ 1,141.02
2 YDS 1 Per Week = $ 1,227.24 2.45% $ 1,257.31
Saturday = $ 1,349.22 2.45% $ 1,382.28
Sunday = $ 1,484.96 2.45% $ 1,521.34

2.5 YDS 1 Per Week = $ 1,534.05 2.45% $ 1,571.63
Saturday = $ 1,686.51 2.45% $ 1,727.83
Sunday = $ 1,856.20 2.45% $ 1,901.68
3 YDS 1 Per Week = $ 1,840.87 2.45% $ 1,885.97
Saturday = $ 2,023.82 2.45% $ 2,073.40
Sunday = $ 2,227.44 2.45% $ 2,282.01
4 YDS 1 Per Week = $ 2,454.49 2.45% $ 2,514.63
Saturday = $ 2,698.42 2.45% $ 2,764.53
Sunday = $ 2,969.92 2.45% $ 3,042.68

4.5 YDS 1 Per Week = $ 2,761.29 2.45% $ 2,828.94
Saturday = $ 3,035.73 2.45% $ 3,110.11
Sunday = $ 3,341.17 2.45% $ 3,423.03
5 YDS 1 Per Week = $ 3,068.11 2.45% $ 3,143.28
Saturday = 3,373.04$ 2.45% $ 3,455.68
Sunday = 3,712.41$ 2.45% $ 3,803.36
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31 K.

SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2024

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates
6 YDS 1 Per Week = $ 3,681.73 2.45% $ 3,771.93
Saturday = $ 4,047.64 2.45% $ 4,146.81
Sunday = $ 4,454.88 2.45% $ 4,564.02

7. Extra Pick-ups for Front load Compactor
(per Yard) Compacted $ 141.71 2.45% $ 145.18
Saturday = $ 155.80 2.45% $ 159.62
Sunday = $ 171.47 2.45% $ 175.67

ROLL-OFF COMPACTOR RATES
Transportation Charge
$718.95 per pull
Disposal Charge
$234.17 per ton
Container Rotation Charge
$402.79 per pull
Rate Calculation Formula:

Transportation Chg. + Disposal Chg. + 10% + Rotation Chg.* = Per Pull Compactor Rate * If applicable

7. Debris Box Rates
6 & 9yd dirt/concrete boxes must be clean fill only-no bricks, wood, metal or trash.

NO serpentine rock, metal, organic debris, or trash. Such loads must be dumped as general debris.

Rate is per month, one pick up per week.
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32 K.

SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2024

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates
6 YDS Monday-Friday 840.44 2.45% $ 861.03
Saturday 965.66 2.45% $ 989.32
Max. Weight Clean fill only Clean fill only
9 YDS Monday-Friday 896.25 2.45% $ 918.21
Saturday 1030.54 2.45% $ 1,055.79
Max. Weight Clean fill only Clean fill only
15 YDS Monday-Friday 840.44 2.45% $ 861.03
Saturday 965.66 2.45% $ 989.32
Max. Weight 4,000 lbs. 4,000 lbs.
20 YDS Monday-Friday 958.14 2.45% $ 981.61
Saturday 1101.46 2.45% $ 1,128.45
Max. Weight 6,000 lbs. 6,000 lbs.
30 YDS Monday-Friday 1179.93 2.45% $ 1,208.84
Saturday 1356.46 2.45% $ 1,389.69
Max. Weight 7,000 lbs. 7,000 lbs.
40 YDS Monday-Friday 1297.62 2.45% $ 1,329.41
Saturday 1493.77 2.45% $ 1,530.37
Max. Weight 8,000 lbs. 8,000 lbs.
14yd covered Monday-Friday 903.8 2.45% $ 925.94
Saturday 1041.11 2.45% $ 1,066.62
Max. Weight 4,000 lbs. 4,000 lbs.
20yd covered Monday-Friday 1038.1 2.45% $ 1,063.53
Saturday 1192.02 2.45% $ 1,221.22
Max. Weight 6,000 lbs. 6,000 lbs.
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Recology Rate Modification
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Recology Rate Modification
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File Attachments for Item:

L. Receive South San Francisco Scavenger’s 2024 Rate Increase 40 Solid Waste Collection Rate Adjustment Page 1 of 1

CITY COUNCIL AGENDA REPORT
Meeting Date: May 2, 2024
From: Director of Public Works/City Engineer
Subject: Solid Waste Collection Rate Adjustment
Community Goal/Result Ecological Sustainability
Purpose To review rate adjustments submitted by one of the city’s solid waste franchisees.

Recommendation Receive South San Francisco Scavenger’s 2024 rate increases.

Background
The city has two Franchise Agreements dated November 20, 2014 for the provision of waste collection services, one with South San Francisco Scavenger Company (Scavenger) in Solid Waste Collection Zones 1(A&B) and 2, and one with Recology Brisbane in Solid Waste Collection Zone 3. Both agreements have language specifying under what conditions a rate increase may occur.

Discussion
Scavenger did submit a request for rate increase; their proposed rates were reviewed by staff and found to be in accordance with their franchise agreement. Pursuant to each agreement, “. . . not later than June 30th of the year of the Notice of Intention, the City Council shall act upon the new maximum rates as appropriate, with any new maximum rates to become effective on July 1st of the same year.” As noted in the attached letter from Scavenger, the franchise agreement adjusts every third year using a formula based on the survey of thirty-two agencies specified in the agreement. The rate increases for the various services range from 5.67% to 9.2%. The increase for residential property service is 6.7% Last Year’s approved rate increase was 3.9%.

With the company completing their calculations per the agreement, there is no discretionary action for the Council to take.

Fiscal Impact The effective date of the new rates is July 1, 2024.

Measure of Success
Compliance with the previously agreed upon terms and conditions for rate adjustments.

Attachments

1. Recology Brisbane’s letter of 3/31/24 and redacted rate adjustment language

2. Solid Waste Collection Zone Maps
___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 1 of 20
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File Attachments for Item:

M. Approve Lyrical Opposition’s Lyrical Festival and Fundraiser as a cosponsored event 61 Application for Event Cosponsorhip Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 5/2/2024
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 Lyrical Festival and Fundraiser 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 Lyrical Festival and Fundraiser will be held at the Mission Blue Center on Saturday, June 29, 2024, from 5:00-9:00pm. Any funds raised at the event will benefit their nonprofit work and to continue to produce admission-free events. The event will include film, music, and food vendors.

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.
62 M.

Application for Event Cosponsorhip Page 2 of 2

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
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 63 M.

Name of Contact Person: ___________________________________ Contact Person’s Email: _____________________________________________________________________ Name of Organization: _____________________________________ Organization’s Address or P.O. Box: ________________________________________________________________________ Circle ONE of the following items below that best describes your organization. a. Brisbane Non-Profit Organization
b. Non-resident, Non-Profit Organization (Outside of Brisbane) c. School District, School, or School Affiliated Group (ex. PTO) d. Private Group, Club, or Organization
What year did your organization begin serving the Brisbane community? _________________ How has your organization contributed to the Brisbane community in the past 2 years? _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ What is your organization’s mission and/or purpose?
_________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

Phone: 415-508-2140 | Email: [email protected] | Office: 50 Park Place, Brisbane, CA 94005 City of Brisbane

CO-SPONSORSHIP APPLICATION

APPLICANT INFORMATION
Contact Person’s Phone: ___________________________________ Organization’s Website: ___________________________________

EVENT DETAILS
Name of Event: _______________________________________________ Event Date (mm/dd/yy): ________________________________________ Event Day of Week: ____________________________________________ Event Location: _______________________________________________ Reservation Permit Number (if applicable): _________________________ Describe what can be expected from this event? (ex. Performance, shopping, activities, etc.) ______________________________________________________________________________________________ Will there be any fundraising at this event? ______ If yes, what will the funds raised be used for? ______________________________ Are there any admission fees for this event? ______ If yes, please list them here: ____________________________________________ If this event is NOT open to the general public, what are the restrictions for who may attend? (ex. Age, membership, residency, etc.) ________________________________________________________________________________________________

Page 1 ends

Event Set-up Start Time: _______________
Event Start Time: ________________
Event Close Time: ________________
64 M.

City Staff must be present to accommodate the use of any of our indoor facilities. The following schedule will be used to ensure someone will be available when you need access. (If you are not requesting indoor facility use, you may skip to the next section) Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________

INDOOR FACILITY ACCESS REQUEST

PERMITS
Food & Beverage Permits
Will any food or non-alcoholic beverages be sold at your event? ______ If yes, this permit is required smchealth.org/food-program Will alcoholic beverages be served or sold at your event? _____ If yes, you must attach a copy of an Alcoholic Beverage Permit *Full Liquor Liability: If beer or wine is available for consumption and money is transacted in any form (i.e. for donation, for a ticket, for a meal, for entry to the event, for the beverage) then full liquor liability premiums are necessary.

Traffic Permits
Will this event require any street or parking closures? _____ If yes, you must obtain a Brisbane Encroachment Permit Amplified Sound Permits
Do you wish to use amplified sound at this event? ____ If yes, you must submit an Brisbane Amplified Sound Permit Application

EQUIPMENT USE REQUEST
<Insert Equipment Use Liability Notice>
Indicate the equipment you wish to borrow for this event.

Bluetooth Speaker? ______ with Microphone? ______
Projector & Screen? (Mission Blue Only) ______
Theater Risers? (Mission Blue Only) ______
Theatrical Lighting? (Mission Blue Only) ______ Lighting Technician? _______ Other: ____________________________________________________________

ADDITIONAL SUPPORT
Quantity: Item:
____________ 6ft Long Rectangle Tables
____________ 5ft Diameter Round Tables
____________ Chairs
____________ 10ft x 10ft Canopy/Pop-up Tent
____________ Weighted Sandbags
Do you need any promotional support for this event?
Signboards?
Digital Graphics / Flyers?
Other: ____________________________

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

Page 2 ends

Social Media?
Programs?
Applicant Signature______________________________________ Date________________ 65 M.

File Attachments for Item:

N. Adopt an Ordinance, waiving second reading, revising Chapter 10.26 to the Brisbane Municipal Code Concerning “Residential Parking Permit Program” 66 CITY COUNCIL AGENDA REPORT
Residential Parking Permit Program Page 1 of 1
Meeting Date: May 2, 2024
From: Director of Public Works/City Engineer
Subject: Residential Parking Permit Program
This Ordinance is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (2)).

Recommendation
Adopt an Ordinance, waiving second reading, revising Chapter 10.26 to the Brisbane Municipal Code Concerning “Residential Parking Permit Program”.

Background
This ordinance was introduced at the regular City Council meeting held on April 18, 2024, and was passed by unanimous vote with no requested changes.

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. April 18, 2024 staff report

___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 1 of 12
67 N.

CITY COUNCIL AGENDA REPORT
Residential Parking Permit Program Page 1 of 2
Meeting Date: April 18, 2024
From: Director of Public Works/City Engineer
Subject: Residential Parking Permit Program
This Ordinance is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (2)).

Community Goal/Result: Safe Community
Purpose
To consider changes proposed to the Brisbane Municipal Code Chapter on residential parking permits that will modify existing requirements for the establishment of a designated permit area.

Recommendation
Consider introducing an Ordinance, waiving first reading, revising Chapter 10.26 to the Brisbane Municipal Code Concerning “Residential Parking Permit Program”.

Background
The use of public streets and establishing an acceptable balance between the needs of all its lawful users (pedestrians, bicyclists, drivers, commercial deliveries, emergency responders and those wanting to park a private vehicle, etc.) is an ongoing tension known to many communities. Establishing this balance can be particularly challenging in cities developed on hillsides, where streets are often intentionally designed with a narrow section to avoid impact on the mountainous topography.

As a result of rising tensions over parking capacity, the City Council charged the Complete Streets Safety Committee with reviewing the issue and developing a recommendation therefore. Council reviewed this matter multiple times in early 2024, and chose to send a letter to residents of Tulare Street and Thomas Avenue asking if they would be willing to participate in a pilot residential parking permit program. Prior to hearing this agenda item, Council will receive a report on the responses provided to staff.

Discussion
The current residential parking program has been codified since 1998, but with the program requiring citizens to obtain 70% concurrence from their neighbors it has never been successfully implemented.
1 of 11 2 of 12
68 N.

Residential Parking Permit Program Page 2 of 2
The primary changes in the attached ordinance;

1. Lowers the percentage of residents required to request a designated permit area to “. . . not less than a majority of the dwellings on each side of the street.” (§10.26.040 B)

2. Clearly provides Council the authority to impose residential parking restrictions by resolution. (§10.26.010 D)

3. Throughout the ordinance provides structure for the implementation of the program, defines the vehicles impacted, and assigns oversight responsibilities to various city departments
Fiscal Impact
None as a direct result of introducing this ordinance. Previous staff reports by the City’s Deputy Director of Public Works have offered estimates on the cost to implement the two pilot streets now under consideration.

Measure of Success
A revised municipal code that allows residents and the Council to establish a parking program that is appropriate for individual neighborhoods.

Attachments

1. Ordinance revising Chapter 10.26 concerning Residential Parking Permit Program

2. Redline markup of existing Chapter 10.26
___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 2 of 11 3 of 12
69 N.

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF BRISBANE
REVISING CHAPTER 10.26 TO THE BRISBANE MUNICIPAL CODE CONCERNING

RESIDENTIAL PARKING PERMIT PROGRAM
The City Council of the City of Brisbane hereby ordains as follows:

Sec�on 1. Chapter 10.26 to the Brisbane Municipal Code is revised to read as follows:
“10.26.010 Purpose of chapter.

This chapter has been adopted for the following purposes:

A. To create a voluntary program that will enable persons residing in the city to request the establishment of residential parking restrictions within the area where they reside which are in addition to, and likely to be more restrictive than, the city's standard parking regulations for such area; B. To provide for the issuance of a certain number of parking permits to the occupants in such designated areas, the display of which will serve to exempt their vehicles from the operation of the parking restrictions;
C. To promote a cooperative effort among persons residing in the city in dealing with a shortage of parking spaces on the streets where they reside by enabling them to recommend such parking restrictions as they determine to be appropriate for their own neighborhood; D. To authorize the City Council to impose by resolution residential parking restrictions for those streets or portions of streets and related requirements as determined appropriate and necessary to alleviate parking space shortages.

10.26.020 Definitions.

As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

A. "Designated permit area" means a contiguous area of a residential zoning district, containing not less than ten (10) dwellings, upon which the city council imposes parking restrictions in response to a petition to do so submitted by persons residing in such area in accordance with this chapter.

B. “Dwelling” means a dwelling as defined in Section 17.02.235 of this Code.

C. "Motor vehicle" means automobiles as defined by California Vehicle Code §465 and including leased motor vehicles and company owned motor vehicles used by a person residing within a designated permit area as a primary vehicle for transportation, motorcycles as defined by California Vehicle Code §400, trucks or other motor driven vehicles not exceeding seven thousand (7,000) pounds curb weight.

The following (which are not exhaustive) do not meet the definition of “motor vehicle” as defined in this subsection: commercial trucks and truck tractors, boat trailers and all commercial trailers, recreational vehicles including campers, coaches, house cars and trailer coaches, and commercial passenger vehicles such as limousines, taxis and vanpool vehicles.

D. "Non-resident vehicle" means a motor vehicle parked or left standing in a designated permit area without having displayed thereon a parking permit for such area issued the city pursuant to this chapter, regardless of whether such motor vehicle is owned or being used by a resident of the designated permit area. A motor vehicle parked or left standing in a designated permit area displaying a parking permit for a different designated permit area shall be treated as a nonresident vehicle.

E. "Parking permit" means a permit issued by the city pursuant to this chapter to an occupant within a designated permit area for display on a motor vehicle owned or used by such occupant or his or her guests which is parked or left standing within the boundaries of such area. 3 of 11 4 of 12
70 N.

10.26.030 Parking permit exemption.

A. A motor vehicle on which is displayed a valid, unexpired parking permit shall be permitted to stand or be parked in the designated permit area for which such permit has been issued without being subject to the residential parking restrictions established for such area pursuant to this chapter.

B. All nonresident vehicles which are parked or left standing in violation of any parking restriction established pursuant to this chapter for any designated permit area shall be subject to the same fines and penalties, including towing of nonresidential vehicles, as applied for violations of restrictions pertaining to parking time limit areas other than special zones.

C. Notwithstanding subsections A and B of this Section,, the display of a valid, unexpired identification of the motor vehicle as being used by a disabled person meeting the requirements of Section 22511.5 of the California Vehicle Code shall be deemed a parking permit and such vehicle shall be exempt from any parking restrictions established for any designated permit area in the city.

D. Nothing contained in this chapter shall be interpreted in a manner that will affect, impair, or supersede the enforcement of any other state or local laws, ordinances, or regulations, whether pertaining to parking or otherwise, and the same shall continue to be applied with full force and effect in all designated permit areas.

In the event of any conflict or inconsistency with the parking restrictions established pursuant to this chapter, such other laws, ordinances and regulations shall be controlling.

10.26.040 Establishment of designated permit area pursuant to application.

A. Persons desiring to create a designated permit area may submit an application to the Director of Public Works/City Engineer containing the following information:

1. A description or a map showing the proposed boundaries of the designated permit area. Both sides of the street must be included within the boundaries of any proposed area;

2. The address of each dwelling unit within the proposed designated permit area and, to the extent such information is available to the applicants, the name(s) of the adult occupant(s) of each dwelling;

3. An identification of any nonresidential properties located within the proposed designated permit area, such as churches, schools, public facilities, or commercial establishments;

5. Concurrence that each household within a designated permit area shall be issued no more than one permit to each occupant with a valid California Driver’s License and a current vehicle registration that shows the vehicle registered at the address within the designated permit area; provided, however, that the number of permits per household shall not exceed the number of registered vehicles at that household address or the number of occupants with a valid California driver’s license, whichever is less.

6. The application shall include the following statement:

We the undersigned are occupants of the dwellings within the proposed designated permit area described in this petition. We understand that: (i) if this area is designated, certain restrictions will be placed upon on-street parking within the area; (ii) persons residing within the area will be entitled to obtain a limited number of permits exempting their vehicle from such parking restrictions, but if a person owns a vehicle without having a permit displayed, that vehicle will be subject to the parking restrictions; (iii) parking permits will be issued for a term of one year and will need to be renewed each year; (iv) the cost of installing and maintaining the parking restriction signs and the cost of issuing the annual parking permits will be paid by the occupants; and (v) the City of Brisbane will have no obligation to collect delinquent payments.

B. The application must be signed by at least one adult occupant of not less than a majority of the dwellings located within the boundaries of the proposed designated permit area. Where dwellings are located on both sides of the street, the application must be signed by at least one adult occupant of not less than a majority of the dwellings on each side of the street.
4 of 11 5 of 12
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C. The application shall be accompanied by the payment of a processing fee in such amount as established from time to time by resolution of the city council.

D. A public hearing on the application shall be conducted by the city council. Notice of the public hearing shall be mailed not less than ten (10) days prior to the scheduled date of the hearing to all persons listed in the application as being occupants of the dwelling units located within the boundaries of the proposed designated permit area and to any other persons who may not be listed in the application but are shown on the latest available assessment roll of the county as owning property located within the proposed area.

Notice of the hearing shall also be posted in at least three (3) conspicuous locations within the proposed designated permit area and at such additional locations as may be necessary to post at least one notice on each separate block within the proposed area.

E. Any person who has signed the application for designation may withdraw his or her consent to the establishment of the proposed designated permit area by communicating such withdrawal verbally or in writing to the city council at any time prior to adoption of the resolution establishing the area.

F. The city council may approve, reject or modify the application in any manner the council deems appropriate, except that the boundaries of the proposed designated permit area shall not be expanded but may be reduced by excluding certain properties as long as the remaining properties are contiguous to each other.

When a designated parking area has been requested by application, the city council may establish a designated permit area by resolution, which shall set forth the exact boundaries of the area, the specific parking restrictions applicable to such area, the initial cash contribution required for the cost of installing parking restriction signs, and the fees to be charged for issuance and renewal of parking permits.

10.26.045 Establishment of a designated parking area by City Council Notwithstanding the provisions of subsection A, B, and C of Section 10.26.040, City Council may by resolution impose a designated permit area, establish the applicable parking restrictions within such area, and establish the requirements as to who may obtain a permit and the number of permits issued.

10.26.050 Modification of designated permit area.

In response to a request submitted by any person or upon its own initiative, the city council may modify the boundaries of a designated permit area or any of the parking restrictions applicable to such area, or the council may abolish the entire area or rescind any of such restrictions. No action shall be taken until a public hearing on the proposed modification has been conducted by the city council, with notice thereof given in the same manner as prescribed in this chapter for notice of the public hearing on the initial establishment of the designated permit area.

10.26.060 Issuance of parking permits.

A. Persons residing within a designated permit area may apply to the City of Brisbane police department for parking permits, which shall be granted upon payment of the application fee and submitting documentation showing proof of residency within the designated permit area, proof of a valid California driver’s license and current registration of the motor vehicle to be parked in the designated permit area, and proof of ownership or entitlement to use each motor vehicle for which a parking permit is requested. The issuance of a parking permit shall not constitute the reservation or guaranty of any on-street parking spaces for the exclusive use of the permit holder.

B. The number of permits that may be issued to the occupants of each dwelling unit located within the designated permit area shall not exceed the maximum number as may be specified in the resolution of the city council establishing the area; provided, however, that the chief of police, upon the showing of special circumstances or unavoidable hardship, shall have authority to issue a greater number of parking permits to the occupants of any dwelling unit within the designated permit area. The additional permits issued by the chief of police may be either temporary or renewable.

C. Each household within the designated permit area may apply to the city police department for a parking permit for guests or invitees of the household but in no event shall the cumulative number of days for such permit or permits exceed twenty-one (21) days annually. 5 of 11 6 of 12
72 N.

D. Parking permits shall be issued for a term of one year and may be renewed for additional terms of one year upon payment of the renewal fee and the person requesting the renewal satisfying the requirements of paragraph 5 of subsection A or Section 10.26.040 or satisfying the requirements established by City Council resolution if different.

E. The chief of police shall have authority to issue rules and regulations concerning the granting, renewal and display of parking permits, provided the same are consistent with the terms and provisions of this chapter.

10.26.070 Posting of signs.

The parking restrictions established for a designated permit area shall become effective and enforceable upon the posting of street signs giving notice of such restrictions to the public in the manner prescribed by the California Vehicle Code. The city engineer shall have the responsibility of installing and maintaining such signs. ” Sec�on 2. If any sec�on, subsec�on, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdic�on to be invalid or uncons�tu�onal, such decision shall not affect the validity of the remaining por�ons of this Ordinance. The City Council of the City of Brisbane hereby declares that it would have passed this Ordinance and each sec�on, subsec�on, sentence, clause and phrase thereof, irrespec�ve of the fact that one or more sec�ons, subsec�ons, sentences, clauses or phrases may be held invalid or uncons�tu�onal.

Sec�on 3. This Ordinance shall be in full force and effect 30 days a�er its passage and adop�on. * * * *
The above Ordinance was regularly introduced and a�er wai�ng the �me required by law was therea�er passed and adopted at a regular mee�ng of the City Council of the City of Brisbane held on October 3. 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Terry O’Connell, Mayor
ATTEST:
_____________________________
Ingrid Padilla, City Clerk
APPROVED AS TO FORM:
_____________________________
Thomas R. McMorrow, City Attorney
6 of 11 7 of 12
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Title 10 - VEHICLES AND TRAFFIC
Chapter 10.26 RESIDENTIAL PARKING PERMIT PROGRAM

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Chapter 10.26 RESIDENTIAL PARKING PERMIT PROGRAM

10.26.010 Purpose of chapter.

This chapter has been adopted for the following purposes:

A. To create a voluntary program that will enable residents of persons residing in the city to request the establishment of neighborhood residential parking restrictions within the area where they live reside which are in addition to, and likely to be more restrictive than, the city's standard parking regulations for such area;
B. To provide for the issuance of a certain number of parking permits to the residents of such designated areas, the display of which will serve to exempt their vehicles from the operation of the parking restrictions;
C. To promote a cooperative effort among neighbors persons residing in the city in dealing with a shortage of parking spaces on the streets where they reside by enabling them to formulate recommend such parking restrictions as they determine to be appropriate for their own neighborhood; D. .To authorize the City Council to impose by resolution residential parking restrictions for those streets or portions of streets and related requirements as determined appropriate and necessary to alleviate parking space shortages.

10.26.020 Definitions.

As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

A. A. "Designated permit area" means a contiguous area of a residential zoning district, containing not less than ten (10) dwelling units, upon which the city council imposes parking restrictions in response to a petition to do so submitted by the residents of such area in accordance with this chapter.

B. “Dwelling” means a dwelling as defined in Section 17.02.235 of this Code.

CB. "Motor vehicle" means automobiles as defined by California Vehicle Code §465 and including leased motor vehicles and company owned motor vehicles used by a person residing within a designated permit area as a primary vehicle for transportation, motorcycles as defined by California Vehicle Code §400, trucks or other motor driven vehicles not exceeding seven thousand (7,000) pounds curb weight.

DC. "Non-resident vehicle" means a motor vehicle parked or left standing in a designated permit area without having displayed thereon a parking permit for such area issued the city pursuant to this chapter, regardless of whether such motor vehicle is owned or being used by a resident of the designated permit area. A motor vehicle parked or left standing in a designated permit area displaying a parking permit for a different designated permit area shall be treated as a nonresident vehicle.

Formatted: Numbered + Level: 1 + Numbering Style:

A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:

0.33" + Indent at: 0.66"
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ED. "Parking permit" means a permit issued by the city pursuant to this chapter to a resident ofan occupant within a designated permit area for display on a motor vehicle owned or used by such resident occupant or his or her guests which is parked or left standing within the boundaries of such area.

10.26.030 Parking permit exemption.

A. A motor vehicle on which is displayed a valid, unexpired parking permit shall be permitted to stand or be parked in the designated permit area for which such permit has been issued without being subject to the neighborhood parking restrictions established for such area pursuant to this chapter.

B. All nonresident vehicles which are parked or left standing in violation of any parking restriction established pursuant to this chapter for any designated permit area shall be subject to the same fines and penalties, including towing of nonresidential vehicles, as applied for violation of restrictions pertaining to parking time limit areas other than special zones.

C. Notwithstanding the foregoingsubsections A and B of this Section, the display of a valid, unexpired identification of the motor vehicle as being used by a disabled person meeting the requirements of Section 22511.5 of the California Vehicle Code shall be deemed a parking permit and such vehicle shall be exempt from any parking restrictions established for any designated permit area in the city.

In the event of any conflict or inconsistency with the parking restrictions established pursuant to this chapter, such other laws, ordinances and regulations shall be controlling.

10.26.040 Establishment of designated permit area.

A. Persons desiring to create a designated permit area may submit an application to the city clerkDirector of Public Works/City Engineer containing the following information:

1. A description or a map showing the proposed boundaries of the designated permit area. Both sides of the street must be included within the boundaries of any proposed area;

3. An identification of any nonresidential properties located within the proposed designated permit area, such as churches, schools, public facilities, or commercial establishments;

4. Concurrence that on Sundays through Thursday starting at 10 p.m. and ending at 6 a.m. the next day on-street parking within a designated permit area shall be reserved for holders of city issued parking permits within that designated permit area;A statement of the proposed parking restrictions desired by the applicants, including days of the week, times during the day, and the length of time for the restriction. (For example, a two (2) hour maximum time limit during the hours of five p.m. to ten p.m. on Mondays through Fridays, holidays exempted.);

Page 3 of 5 ends

shows the vehicle registered at the address within the designated permit area; provided, however, that the number of permits per household shall not exceed the number of registered vehicles at that household address or the number of occupants with a valid California driver’s license, whichever is less.The suggested maximum number of parking permits that may be issued to each dwelling unit located within the proposed boundaries of the designated permit area;

6. The application shall include the following statement:

We the undersigned are residents occupants of the dwellings within the proposed designated permit area described in this petition. We understand that: (i) if this area is designated, certain restrictions will be placed upon on-street parking within the area; (ii) residents ofpersons residing within the area will be entitled to obtain a limited number of permits exempting their vehicles from such parking restrictions, but if a resident person owns a vehicle without having a permit displayed, that vehicle will be subject to the parking restrictions; (iii) parking permits will be issued for a term of one year and will need to be renewed each year; (iv) the cost of installing and maintaining the parking restriction signs and the cost of issuing the annual parking permits will be paid by the residentsoccupants; and (v) the City of Brisbane will have no obligation to collect delinquent payments from any resident.

B. The application must be signed by the at least one adult occupants of not less than seventy percent (70%)a majority of the dwellings units located within the boundaries of the proposed designated permit area. Where dwellings are located on both sides of the street, the application must be signed by at least one adult occupant of not less than a majority of the dwellings on each side of the street.signatures by the occupants of not less than seventy percent (70%) of the dwelling units on each side of the street must be obtained. If a dwelling unit is occupied by more than one person, the signature by any of the adult occupants of such dwelling unit shall be sufficient for purposes of the application.

C. The application shall be accompanied by the payment of a processing fee in such amount as established from time to time by resolution of the city council.

When a designated parking area has been requested by application, tThe city council may establish a designated permit area by resolution, which shall set forth the exact boundaries of the area, the specific parking restrictions applicable to such area, the initial cash contribution required for the cost of installing parking restriction signs, and the fees to be charged for issuance and renewal of parking permits., and the maximum number of parking permits that may be issued to each dwelling unit located within the designated permit area.
9 of 11 10 of 12
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10.26.045 Establishment of a designated parking area by City Council Notwithstanding the provisions of subsection A, B, and C of Section 10.26.040, the City Council may by resolution impose a designated permit area, establish the applicable parking restrictions within such area, and establish the requirements as to who may obtain a permit and the number of permits issued.

10.26.050 Modification of designated permit area.

10.26.060 Issuance of parking permits.

A. Persons residing within a designated permit area may apply to the city City of Brisbane police department for parking permits, which shall be granted upon payment of the application fee and submitting documentation acceptable to the chief of police or his or her authorized representative showing proof of residency within the designated permit area, proof of a valid California driver’s license and current registration of the motor vehicle to be parked in the designated permit area, and proof of ownership or entitlement to use each motor vehicle for which a parking permit is requested. and proof of ownership or entitlement to use each motor vehicle for which a parking permit is requested. The issuance of a parking permit shall not constitute the reservation or guaranty of any on-street parking spaces for the exclusive use of the permit holder.

D. Parking permits shall be issued for a term of one year and may be renewed for additional terms of one year upon payment of the renewal fee and, the person requesting the renewal satisfying the requirements of paragraph 5 of subsection A or Section 10.26.040 or satisfying the requirements established by City Council resolution if different if requested by the chief of police, upon resubmittal of the applicant's proof of residency and proof of vehicle ownership or entitlement to use.

D. The chief of police shall have authority to issue rules and regulations concerning the granting, renewal and display of parking permits, provided the same are consistent with the terms and provisions of this chapter.

Formatted: Block 1, Indent: Left: 0.31"
10 of 11 11 of 12
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(Supp. No. 36)

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10.26.070 Posting of signs.

File Attachments for Item:

O. Reject Smelly Mel’s Plumbing’s Bid as Nonresponsive and Award the Construction Contract for the Alvarado Stairway Water Main Rehabilitation Project, Job No. 921L to Golden Bay Construction, Inc., in the amount of $225,270.00, and Authorize the Mayor to Sign the Agreement for the City
79 Alvarado Stairway Water Main Rehabilitation Project Contract Award Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: May 2, 2024
From: Randy Breault, Director of Public Works/City Engineer Subject: Alvarado Stairway Water Main Rehabilitation Project This work is categorically exempt from CEQA per CCR Title 14 §15302.

Community Goal/Result - Safe Community
Purpose – To strengthen an aging and vulnerable section of the existing water distribution pipe infrastructure. The project consists of rehabilitating approximately 235 linear feet of an existing 6-inch water main located in a central Brisbane easement between Alvarado Street and San Benito Road, using flexible fabric-reinforced liner; and replacing an existing fire hydrant branch lateral and assembly.

Recommendation –

1. Reject Smelly Mel’s Plumbing’s bid as nonresponsive.

2. Award the construction contract for the Alvarado Stairway Water Main Rehabilitation Project, Job No. 921L to Golden Bay Construction, Inc., in the amount of $225,270.00, and authorize the mayor to sign the Agreement for the City.

Background
The city received three-bids on April 17th, 2024:

Smelly Mel’s Plumbing $195,110.00
Golden Bay Construction, Inc. $225,270.00
ENGINEER’S ESTIMATE $233,000.00
Koios Engineering, Inc. $324,500.00
Staff has reviewed the bids and determined that the proposal from the low bidder is nonresponsive. Upon review of the submitted list of references in the bid packets, it was found that the apparent low bidder did not meet the experience requirements specified in paragraph N-6 of the Instructions to Bidders:

N-6. For a proposal to qualify for consideration in making an award, the bidder shall have had not less than three (3) years’ experience in the successful completion of work comparable to or greater in magnitude and complexity to the work herein contemplated. . . . The bidder is required to be skilled and regularly engaged in the work required in the Specifications.

The second low bidder’s proposal was found to be fully responsive and the bidder responsible. 80 O.

Alvarado Stairway Water Main Rehabilitation Project Contract Award Page 2 of 2 Environmental Review
This work is categorically exempt from provisions of CEQA in that the proposal is a replacement or reconstruction of existing uses on the same site as the existing utilities with no change in purpose or expansion of capacity (California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, §15302, “Class 2 (c) – Replacement or Reconstruction”). Staff did file a Notice of Exemption for the project and said notice was filed in the County Clerk Recorder’s office on March 14, 2024.

Fiscal Impact
The project is funded through Capital Improvement Fees.

Measure of Success
A significantly extended life of a portion of the water distribution pipeline system that will have limited access after the city’s construction of a planned pedestrian walkway in the existing city easement between Alvarado Street and San Benito Road.

Attachments
___________________________________
Gerald Flanagan, Deputy Director of Public Works-Utilities ___________________________________ ___________________________________ Randy L. Breault, Director of Public Works/City Engineer Clay Holstine, City Manager 81 O.

File Attachments for Item:

P. Adopt a Resolution to Appoint Jeremy Dennis as City Manager and Authorize the Mayor to Execute the Employment Agreement
82 Adopt a Resolution to Appoint Jeremy Dennis and Authorize the Mayor to Execute the Employment Agreement

Page 1 of 3 ends

CITY COUNCIL AGENDA REPORT
Meeting Date: May 2, 2024
From: Abby Partin, Human Resources Director
Subject: Adopt a Resolution to Appoint Jeremy Dennis as City Manager and Authorize the Mayor to Execute the Employment Agreement Community Goal/Result
Safe Community, Community Building, Fiscally Prudent
Purpose
To ensure the community continues to receive excellent service by retaining exceptional employees in a financially prudent manner.

Recommendation
Adopt a resolution to appoint Jeremy Dennis as City Manager and authorize the Mayor to execute the employment agreement.

Background/Discussion
Interim City Manager Clayton Holstine informed the City Council last year that he would be retiring effective December 28, 2023. His last official day as City Manager was December 27, 2023. Mr. Holstine agreed to continue his employment as a retired annuitant as the City Council continued the search for a new City Manager. The City Council adopted a resolution conforming with the California Public Employees Retirement Law, and appointed Mr. Holstine as Interim City Manager.

The City Council held a Study Session on September 21, 2023, to determine their ideal recruitment process and decided to retain the services of Teri Black and Company, an executive recruitment firm, to conduct the City Manager executive search. An Ad-Hoc City Manager Recruitment Subcommittee comprised of then Mayor Davis and Mayor Pro-Tempore O’Connell, with the assistance of Interim City Manager Clayton Holstine and Human Resources Director Abby Partin, were chosen to work with Ms. Black and her team on various recruitment and selection steps leading to Council interviews of a short list of candidates.

Ms. Black and her team began their work by meeting with the City Council, executive management and general staff members to capture the candidate profile ideal to all stakeholders. The City Manager recruitment opened in January 2024 with a direct marketing campaign and extensive personal outreach, resulting in thirty-eight (38) applicants received. The City Council interviewed four candidates on March 16 and 17 and then deliberated on its selection, which resulted in the selection of Jeremy Dennis as the new City Manager. 83 P.

Adopt a Resolution to Appoint Jeremy Dennis and Authorize the Mayor to Execute the Employment Agreement

Page 2 of 3 ends

The attached agreement contains the terms to which the City Council and Mr. Dennis have agreed. Key provisions include:
• Section C – Term. Mr. Dennis will begin employment on June 24, 2024, and the term of the contract will run through June 25, 2027, subject to the termination provisions. • Section D and D. 2 – Salary. The City will pay Mr. Dennis $315,000 in annual salary (“base salary”) for his services, payable bi-weekly, as other employees of the City are paid and subject to customary withholding. The bi-weekly base salary will be $12,115.38; monthly salary, $26,250, and the hourly rate, $151.44.
o A minimum ten percent base salary differential shall be maintained between Mr.

Dennis’ base salary and the top of the range of the highest paid Department Head directly supervised by Mr. Dennis.
o COLA increase will be tied to future COLA increases of the Executive Management team, with the exception of July 2024 which will not apply. • Section E 1. – Benefits Coverage. Mr. Dennis shall be provided the same vacation leave, holidays, longevity, sick leave, dental, vision, employee assistance program, long term disability, life insurance coverage and the same management incentive plans provided to the City’s Executive Management Group. Mr. Dennis will start with 128 hours of personal leave (combined vacation and sick leave).
• Section E 2. – Medical Benefits. The City shall make monthly contributions to Mr. Dennis for his health insurance coverage in an amount equal to the cost of the medical plans he selects under the CalPERS Health Benefits Program Coverage, which coverage shall include his eligible dependents should Mr. Dennis so elects. If Mr. Dennis selects the “No Plan” option, City shall make a payment to him equal to the “employee only” contribution from the least expensive plan offered by the CalPERS Health Benefits Program. • Section G – Performance Reviews. The City Council shall conduct an annual evaluation of the City Manager’s performance. The evaluation process shall address goals and objectives set for the past twelve-month period and establish goals and objectives for the upcoming 12-month period. The performance evaluation will be facilitated by a mutually agreed upon professional facilitator for Mr. Dennis’ first annual review and the use of a facilitator may be used thereafter if the City Council and Mr. Dennis find it mutually beneficial.
• Section L – Housing Assistance Program. The City Council encourages Mr. Dennis to become a resident of Brisbane and, to that end, may establish a Housing Assistance Program, elements of which will be determined by the City Council and the City Attorney.

In no event, however, is the City obligated to provide housing assistance and, if such 84 P.

Adopt a Resolution to Appoint Jeremy Dennis and Authorize the Mayor to Execute the Employment Agreement

Page 3 of 3 ends

Program is established, the Council may, in its sole discretion, modify or terminate such Program.

Fiscal Impact
The fiscal impact of this position will be included in the current and ensuing budget.

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

Attachments

1. Resolution 2024-XX

2. City Manager Employment Contract
__________________________________ ___________________________________ Abby Partin, Human Resources Director Thomas McMorrow, City Attorney 85 P.

RESOLUTION NO 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

APPOINTING JEREMY DENNIS AS CITY MANAGER AND AUTHORIZING THE MAYOR TO

EXECUTE THE EMPLOYMENT CONTRACT
WHEREAS, following an extensive recruitment process beginning in January 2024, the Brisbane City Council selected Jeremy Dennis as the successor to Interim City Manager Clayton Holstine; and oversaw negotiations of terms and conditions of an employment agreement with Mr. Dennis, which terms and conditions Mr. Dennis has accepted; and WHEREAS, the City Council desires to appoint Mr. Dennis as City Manager and enter an agreement with Mr. Dennis that establishes his initial compensation and benefits and sets forth the expectations of Mr. Dennis and the Council concerning his appointment.

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

1. The City Council appoints Jeremy Dennis as City Manager, effective June 24, 2024.

2. The Council establishes the annual base salary for Mr. Dennis at $315,000 effective June 24, 2024, and establishes other benefits as set forth in the attached Employment Agreement.

3. The City Council authorizes the Mayor to execute the City Manager Employment Agreement in substantially the form presented, which sets forth the terms and conditions of the employment of Jeremy Dennis as City Manager.
__________________
Terry O’Connell, Mayor
I hereby certify that the foregoing Resolution No. 2024-XX was duly and regularly adopted at a regular meeting of the Brisbane City Council on May 2, 2024, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
___________________
Ingrid Padilla, City Clerk
Approved as to form:
_____________________________
Thomas R. McMorrow, City Attorney
86 P.
1 CITY MANAGER EMPLOYMENT AGREEMENT
between the
City of Brisbane
and
Jeremy Dennis
Dated May 2, 2024
87 P.
2 CITY MANAGER EMPLOYMENT AGREEMENT
between the City of Brisbane and Jeremy Dennis
THIS AGREEMENT is made May 2, 2024, between the CITY OF BRISBANE, a municipal corporation (“City”) and JEREMY DENNIS (Employee):

RECITALS
WHEREAS, City desires to employ Jeremy Dennis (“Employee”) as City Manager and to establish certain terms and conditions of employment as hereinafter set forth.

WHEREAS, Employee desires to serve as City Manager, pursuant to the terms and conditions of this Agreement; and
WHEREAS, it is the desire of the parties hereto to provide the terms and conditions by which City shall receive and retain the services of Employee as City Manager and to provide for him to remain in such employment, to make possible full work productivity by assuring his morale and peace of mind with respect to future security; to act as a deterrent against malfeasance or dishonesty for personal gain on his part; and to provide for terminating his services at such time as he may be unable to fully discharge his duties or when Council may otherwise desire to terminate his employment.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows:

A. Responsibilities and Duties. City employs Employee as City Manager to perform the functions and duties of the City Manager specified in the Brisbane Municipal Code and as provided by state or federal law, and to perform such other duties, functions, and responsibilities as may from time to time be assigned to the Employee by the Brisbane City Council.

B. Hours of Work and Outside Activities. Employee shall be an exempt employee under the Fair Labor Standards Act. Employee is expected to devote necessary time outside of the normal office hours to conduct business of the City. Employee’s schedule of work each day and week may vary in response to the requirements of the work to be performed. During regular City business hours, Employee is expected to be present and available (usually, at City Hall) and, in the case of an emergency, to spend sufficient hours at Brisbane City Hall or other City facilities to perform his duties. Employee will devote his full time and attention to the performance of Employee’s responsibilities as City Manager and shall not engage in any other employment or the conduct of any other business during the term of this Agreement without prior approval of the Brisbane City Council.

C. Term. Employee shall be retained in this position from June 24, 2024, through June 25, 2027, subject to the termination provisions in Section H. Employee serves at the pleasure of the City Council, has no vested right in his employment, and shall have no right to a termination hearing, except as provided by law. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Brisbane City Council, acting for the City, to terminate the services of Employee at any time subject only to the applicable provisions set forth in Section H of this Agreement. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time as City Manager, subject only to Section H of this Agreement. 88 P.
3 D. Salary.

1. City shall pay Employee Three Hundred Fifteen Thousand Dollars ($315,000) in salary (“base salary”) per annum for his services, payable in installments at the same time as other employees of the City are paid and subject to customary withholding. The bi-weekly base salary will be $12,115.38, monthly, $26,250, and hourly, $151.44. See the attached Appendix A.

Hereafter, Employee shall receive the compensation adjustments (cost of living adjustment [COLA], lump sum payments, one-time leave hours) approved by the City Council in the same amount and at the same time as such adjustments are approved for Department Heads except for the July 1, 2024 COLA adjustment.

2. Notwithstanding subsection 1 of this Section D, a minimum ten percent base salary differential shall be maintained for Employee above the top of the range of the highest paid Department Head directly supervised by Employee.

3. Subject to an evaluation of performance, the City Council may increase Employee’s base salary by resolution.

E. Benefits.

1. Benefit Coverage. Employee shall be provided the same vacation leave, holidays, longevity, sick leave, dental, vision, employee assistance program, long term disability, life insurance coverage and the same management incentive plans provided to the City’s Executive Management Group, in accordance with the Memorandum of Understanding as negotiated from time to time between the City and the Executive Management Group. In addition, City shall contribute five percent of Employee’s base salary into a deferred compensation plan (money purchase pension plan). Employee may make additional contributions to such plan. For purposes of accounting, vacation leave and sick leave will be merged into one bank of time called “personal leave” and Employee will start employment with 128 hours of personal leave. Employee will accrue vacation leave and sick leave equivalent to a nine-year full-time employee. In addition, Employee shall be entitled to 80 hours of administrative leave that shall be credited each August, beginning in August 2025, provided, however, that Employee must use such administrative leave within 12 months from the time it is credited, or such leave is lost.

2. Medical Benefits. City shall make monthly contributions to Employee for Employee’s health insurance coverage in an amount equal to the cost of the medical plans Employee selects under the CalPERS Health Benefits Program Coverage which coverage shall include Employee’s eligible dependents should Employee so elects. If Employee selects the “No Plan” option, City shall make a payment to Employee equal to the “employee only” contribution from the least expensive plan offered by the CalPERS Health Benefits Program.

3. California Public Employees Retirement System. City shall make the employer contributions on behalf of Employee to the California Public Employees Retirement System, pursuant to the 2% at 62 formula retirement plan. In this formula and all other relevant respects, City shall comply with Government Code, section 7522 and following including, but not limited to, the employee cost share, the cap on pension benefits, and the three-year average for calculating final compensation. If CalPERS offers an improved retirement program and the City 89 P.
4 adopts such program for department heads that are not safety employee groups, the same benefit shall be provided to Employee.

F. Professional Activities. City shall, to the extent it is financially able, budget for and pay expenses for Employee's professional dues, subscriptions, courses, training/coaching, seminars, and travel expenses for participation in professional activities that are directly related to the work of the City Manager. This includes the International City/County Management Association (ICMA), California Cities, Urban Land Institute, and other similar associations or organizations. In addition, the City recognizes the benefits of city representation in local service clubs and organizations, and the City shall pay for Employee’s membership dues for one local service club, or similar organization.

G. Performance Reviews. The City Council shall conduct an annual evaluation of the City Manager’s performance. The evaluation process shall address goals and objectives set for the past twelve-month period and establish goals and objectives for the upcoming 12-month period. The performance evaluation will be facilitated by amutually agreed upon professional facilitatorfor Employee’sfirst annualreview and the use of a facilitatormay be used thereafterifthe City Council and Employee find itmutually beneficial. Notwithstanding the first sentence of this section G, the City Council may evaluate the City Manager's performance on a more frequent basis if it determines that it is appropriate to do so.

H. Termination/Severance.

1. Employee serves at the pleasure of the City Council, and nothing herein shall be taken to prevent, limit or otherwise interfere with the right of the City to terminate the services of the City Manager with or without cause. This Agreement is the sole and exclusive basis for an employment relationship between Employee and the City.

2. Notwithstanding subsection 1 of this Section H, Employee’s employment shall not be terminated within 90 days before or 90 after a General Municipal Election, or 90 days before or 90 days after a Special Election, wherein a new member is, or new members are, elected to the City Council.

3. If Employee is terminated by the Council while still willing and able to perform the duties of the City Manager, the City shall pay the City Manager a single lump sum payment made on the effective day of the termination, in an amount equivalent to twelve months aggregate salary and an amount equivalent to twelve months aggregate health insurance benefit allowance. Any such payments will release the City from any further obligations under this Agreement. Contemporaneously with the delivery of the severance pay herein above set out, Employee shall execute and deliver to the City a release releasing the City of all claims that the Employee has or may have against City, in a form approved by the City Attorney.

4. Notwithstanding paragraph H.3 above, the City shall not be obligated to pay, and shall not pay, any amounts or continue any benefits under the provisions of paragraph H.3, if the Employee is terminated because of a violation of statute or law constituting misconduct in office, including criminal conduct. Further, the City shall not be obligated to pay, and shall not pay, any amounts or continue any benefits under the provisions of paragraph H.3, in the event Employee voluntarily resigns without affirmative action by City to terminate, initiate termination proceedings or request resignation, for example, a resignation to pursue other employment or professional opportunities.
90 P.
5 I. Resignation. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time fromhis position as City Manager or to retire from public service. In the event that Employee voluntarilyresigns his position or retires prior to the expiration of the term of this Agreement, Employee shall give City three months' notice in advance, unless the parties agree otherwise. In the case of a voluntary resignation or retirement, no severance will be paid to Employee.

J. Disability. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of three consecutive months or 60 working days over a 90-working day period, City shall have the right to terminate this Agreement, subject to the City’s compliance with the Family and Medical Leave Act, the Americans with Disabilities Act, and the Fair Employment Housing Act. including reasonable accommodation. If Employee’s employment is terminated under this Section J., the provisions of Section H.3., shall not apply; provided, however, Employee shall be entitled to any accrued leave time and other accrued benefits on the same basis as any other Department Head of the City as provided in the applicable Memoranda of Understanding or the adopted Personnel Rules of the City.

K. Indemnification. City shall defend, hold harmless, and indemnify Employee against any tort, professional liability claim, demand, or other legal action, arising out of an alleged action or omission occurring within the scope and during the course of employment with the City. City shall provide a defense in accordance with Government Code, Sections 995 and following, subject to the limitations and qualifications set forth in those statutes. Employee will cooperate in good faith with the City with respect to the defense of such claims, demands or legal action. City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment resulting therefrom.

The obligation under this Section K shall survive the termination or expiration of this Agreement as to liability that occurs during the term of this Agreement.

L. Housing Assistance Program. The City Council encourages Employee to become a resident of Brisbane and, to that end, may establish a Housing Assistance Program, elements of which will be determined by the City Council and the City Attorney. In no event is the City obligated to provide housing assistance and, if such Program is established, the Council may, in its sole discretion, modify or terminate such Program.

M. General/Miscellaneous Provisions

1. This Agreement sets forth the entire agreement between the Parties and supersedes all other oral or written representations or previous agreements between them. This Agreement may be modified only in writing approved by the Council and signed by all Parties.

2. The failure of either Party to enforce against the other Party a provision of this Agreement shall not constitute a waiver of that Party's right to enforce such a provision at a latertime and shall not serve to vary the terms ofthis Agreement.

3. This Agreement shall be binding upon and inure, where applicable, to the benefit of the heirs at law and executor of Employee.

4. This Agreement shall not be assigned or subcontracted by either party without the consent of the other party. Consent may be denied for any reason or for no reason at all. 91 P.
6 5. Should any provision, section, orsubsection ofthis Agreement bedeclared invalid or unenforceable by any courtof competent jurisdiction,such ruling shallnotaffect any other provision hereof, and the unaffected provisions shall remain in full force and effect.

6. This Agreement may be amended only in writing.

7. If any litigation, including administrative proceedings, relating 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 relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to any attorney’s fees or costs from any other party or litigant, regardless of which party might prevail or be deemed a prevailing party.

8. Notices. Any notice required or permitted to be given to this Agreement shall be either personally delivered, given by deposit in the U.S. Mail, postage prepaid, or delivered by overnight delivery service. Notice shall be deemed given as of the date of personal delivery or by overnight delivery service or five calendar days after the deposit of such notice in the U.S. mail. For City: Mayor and Members of the City Council, 50 Park Place, Brisbane, CA 94005. For Employee: Jeremy Dennis, 1567 Kentfield Avenue, Redwood City, CA 94061.

9. City shall bear the full cost of any fidelity or other bonds required of Employee under any law, ordinance, regulation, contract or covenant, relative to the performance of his duties as City Manager.

10. In accordance with Government Code Sections 53243, 53243.1, and 53243.2:
a. In the event Employee is placed on paid leave pending an investigation, Employee shall reimburse such pay to City if he is subsequently convicted of a crime involving the abuse of his office or position.
b. In the event City pays for the Employee’s legal criminal defense, he shall fully reimburse such funds to the City if he is subsequently convicted of a crime involving an abuse of his office or position.
c. If this Agreement is terminated, any cash settlementrelated to the termination that Employee receives from City must be fully reimbursed to City ifhe is subsequently convicted of a crime involving an abuse of his office or position.

For the purposes of this section, "abuse or office or position" shall be as defined in Government Code Section 53243.4.
92 P.
7 EXECUTION
IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and year first above written.

Terry O’Connell
Mayor – City of Brisbane
Approved as to form:

Thomas R. McMorrow, City Attorney
Jeremy Dennis
DocuSign Envelope ID: EE87D51D-176B-4210-BF8A-493F3E6D0AFB 4/22/2024
93 P.

File Attachments for Item:

Q. Planning Program-70 Old County Road/Parkside/Crocker Park (It is being recommended that the City Council provide direction for future planning efforts in this area and authorize staff to prepare a scope of work reflecting the City Council’s direction.) 94 Planning Study-70 Old County Road/Parkside/Crocker Park

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CITY COUNCIL AGENDA REPORT
Meeting Date: May 2, 2024
From: John Swiecki, Community Development Director
Subject: Planning Program-70 Old County Road/Parkside/Crocker Park
Community Goal/Result
Community Building - Brisbane will honor the rich diversity of our city (residents, organizations, businesses) through community engagement and participation Purpose
For the City Council to discuss the objectives, scale and scope of future planning efforts in the 70 Old County Road/Parkside/Crocker Park area.

Recommendation
That the City Council provide direction for future planning efforts in this area and authorize staff to prepare a scope of work reflecting the City Council’s direction.

Background
In early 2022 the City of Brisbane purchased the approximately 1.27acre former Bank of America site at 70 Old County Road. The City Council expressed its intent and desire to engage the community in a thorough and thoughtful manner to determine the preferred land use of this key site at the entrance to Brisbane. Staff solicited a proposal from Good City land use consultants to undertake a community visioning process for the site. Before the City Council considered the proposal in October 2022, councilmembers expressed concerns that a planning effort limited to the site was too narrow in scope, and that the planning effort should be expanded to properties included in Parkside Precise Plan area, specifically the adjacent Brisbane Village Shopping Center. In further discussions with the Economic Development subcommittee (Councilmembers Cunningham and Lentz) it was suggested that consideration be given to further expanding the planning program scope to include Crocker Park, with an emphasis on evaluating the potential for future housing sites within Crocker Park.

The item was tabled as Planning staff’s resources were directed toward completion of Housing Element and ongoing efforts with other large scale planning projects such as the Baylands and Quarry redevelopment. In the 2023-24 Community Development Department budget, a placeholder of $150,000 was included to advance this work program, with the understanding that the final scope and budget would be subject to City Council approval. However, it was ultimately pulled from the budget as an item that would be reconsidered later in the fiscal year.

Discussion
In order to move planning efforts forward, the scope of work needs to be defined to enable staff to prepare a request for proposals for the appropriate consultant services which will be required. 95 Q.

Planning Study-70 Old County Road/Parkside/Crocker Park

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There are advantages and disadvantages with the various approaches that have been discussed to date.

Limiting the scope to the city-owned site at 70 Old County would result in reduced planning cost and time, potentially giving the city the opportunity to move forward with a project with high community impact relatively quickly. On the other hand, planning for this site without better understanding and/or defining what will happen on adjacent properties could result in a piecemeal development that may not be the best fit within the long terms plans for the larger area.

A broader, comprehensive planning program addressing the adjacent shopping center (or larger geographic area) could have a greater community benefit in the long term by establishing a proactive vision that promotes cohesive and compatible development over time. A broader planning effort will be more expensive, complex and time consuming than a program focused solely on 70 Old County Road.

Additionally, including privately owned properties the city does not control creates uncertainty as to the implementation of a future plan. It is unknown how this might impact the City’s ability to move forward with a meaningful project at 70 Old County Road on a stand-alone basis.

In regard to the evaluation of potential future housing in Crocker Park, this is a significant policy issue for the City Council to consider. While it is likely that the City will need to provide additional housing sites to satisfy future Regional Housing Need Allocations (RHNA), the extent of potential future obligations are unknown at this time. Assuming the City will need to identify additional housing sites in future RHNA cycles, any City efforts to proactively plan for housing would put the City in a better position in the long term.

Additionally, the idea of studying the potential for introducing housing in the form of mixed use development within Sierra Point and Crocker Park was included in the adopted 2023 Housing Element.

Specifically the Housing Element includes Program 2.A.7 to “study zoning amendments to existing commercial zoning districts, at Sierra Point and Crocker Park, to either allow or require mixed use buildings.” The time frame established in the Housing Element was to initiate such an analysis by the end of 2026. Undertaking such an analysis now would satisfy this Housing Element program.

Fiscal Impact
To be determined based on scope of work defined by the City Council.

Measure of Success
Establishing land use policy direction for the 70 Old County site and surrounding areas as deemed appropriate by the City Council.

Attachments

1. Vicinity Map
___________________________________ ___________________________________ John Swiecki, Community Development Director Clay Holstine, City Manager 96 Q.
© Latitude Geographics Group Ltd.

0.50 WGS_1984_Web_Mercator_Auxiliary_Sphere
0 0.25 0.50 Miles
15,948
Crocker Industrial Park, Parkside, Bank of America Site 1:

Brisbane
Crocker Industrial Park Bank of America Site Parkside POAZ-1 Parkside PAOZ-2 Crocker Industrial Park, Parkside District, and Bank of America Site Central Brisbane
97 Q.

File Attachments for Item:

T. Countywide Assignments and Subcommittee Reports
98 CITY of BRISBANE
Council Subcommittee Update
From April 15th, 2024, to April 26th, 2024
Public Art Advisory Committee 4/15 Cunningham, Davis
The Committee discussed the restoration of the existing art at Firth Park and is recommending the project to Council for approval (CC meeting 5/2). The Committee also received an update on the Public Art Master Planning process. The consultants will be in Brisbane from July 25th27th to conduct public outreach.

Charter City & Elections Issues Subcommittee 4/25 Davis, Lentz Councilmembers received an update from staff regarding San Mateo County cities’ mayoral elections, term limits and their mayor’s responsibilities and authority, as well as redistricting in similar size cities in the state. They also discussed what the scope of work for a demographer would be to determine possible redistricting. This will be discussed at CC meeting on 5/16.

Upcoming Subcommittees:

Liaison to CSSC Subcommittee 5/1 6:30pm Cunningham, Mackin (during CSSC regular meeting)
Public Art Advisory Committee 5/6 4:30pm Cunningham, Davis Planning Issues Subcommittee 5/7 3:00pm Cunningham, Mackin 99 T.

Brisbane City CouncilMay 2, 2024

Brisbane City Council
May 2, 2024