Commissioner Sayasane asked about the pending court decision on SB 9 in the Los Angeles Superior Court and whether the City’s decision on the ordinance should be postponed until after that ruling has further played out. Director Swiecki responded, noting that Brisbane’s legal counsel had reviewed this matter and indicated that the decision is from a trial court in southern California and is only applicable to those specific charter cities. It would not be applicable to Brisbane which is a general law city. In response to an inquiry as to what would happen if SB9 was repealed or invalidated, Mr. Swiecki responded the City could amend its zoning regulations accordingly.
Commissioner Patel asked about whether there were notification procedures included in the draft ordinance. Staff responded that there were not, since lot splits and two-unit developments are to be ministerial, per SB 9. Mr Swiecki noted an informational notification could be provided.
Chairperson Lau opened the public hearing.
With no one wishing to address the Commission, a motion was made by Commissioner Patel and seconded by Commissioner Funke to close the public hearing. The motion was approved 4-0.
After discussion, a motion was made by Commissioner Patel and seconded by Commissioner Funke to approve the application, including an informational notification provision to adjacent property owners, via adoption of Resolution 2024-RZ-1. The motion was approved 4-0.
Chairperson Lau read the appeal procedure.
B. PUBLIC HEARING: Zoning Text Amendment 2024-RZ-2, City-wide; recommendation to City Council on omnibus zoning amendments to modify the development standards for multifamily and residential mixed use zoning districts consistent with California Senate Bill SB 478 (“housing opportunity act”) and as provided in the 2023-2031 Housing Element for building heights, lot coverage and floor area ratios, and related amendments, including, but not limited to, organizational amendments and amendments to development regulation exceptions and Zoning Administrator procedures; and finding that this project is exempt from environment review under CEQA Guidelines Sections 15061(b)(3), Section 15183; City of Brisbane, applicant.
Senior Planner Johnson presented staff report to the Commission.
Senior Planner Johnson responded to the Commission’s questions regarding the balance between lot coverage and the floor area ratio for multifamily developments that would have a 1.25 floor area ratio maximum, the process for Planning Commission appeals on Zoning Administrator items, the rationale for increasing the height limit to 36 feet, the difference between minor versus and major modifications, and the neighbor notification process for Zoning Administrator applications.
Chairperson Lau opened the public hearing.
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With no one wishing to address the Commission, a motion was made by Commissioner Patel and seconded by Commissioner Funke to close the public hearing. The motion was approved 4-0.
A motion was made by Commissioner Patel and seconded by Commissioner Sayasane to approve the application via adoption of Resolution 2024-RZ-2. The motion was approved 4-0.
Chairperson Lau read the appeal procedure.
ITEMS INITIATED BY STAFF
Director Swiecki noted the following:
1. County-wide planning commissioner training will be held at the end of May,
2. The City Council authorized staff to initiate the Bank of America planning process.
3. Jeremy Dennis was hired as the new City Manager.
ITEMS INITIATED BY THE COMMISSION
Commissioner Sayasane announced she registered for the commissioner training and invited the other members to join.
ADJOURNMENT
Chairperson Lau adjourned the meeting at approximately 8:44 p.m. to the next regular meeting of May 23, 2024.
Attest:
___________________________________
John A. Swiecki, Community Development Director
NOTE: A full video record of this meeting can be found on the City’s YouTube channel at www.youtube.com/BrisbaneCA, on the City’s website at http://www.brisbaneca.org/meetings, or on DVD (by request only) at City Hall.
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PLANNING COMMISSION AGENDA REPORT
Meeting Date: 5/9/2024
From: Ken Johnson, Senior Planner
Subject: Zoning Text Amendments to Title 17 – Omnibus Zoning Amendments to modify the development standards for multifamily and residential mixed use zoning districts consistent with California Senate Bill SB 478 (“housing opportunity act”) and as provided in the 2023-2031 Housing Element for building heights, lot coverage and floor area ratios, and related amendments, including, but not limited to, organizational amendments and amendments to development regulation exceptions and Zoning Administrator procedures; and finding that this project is exempt from environment review under CEQA Guidelines Sections 15061(b)(3), Section 15183; City of Brisbane, applicant.
REQUEST: To amend the zoning text provisions in a number of Chapters in the Brisbane Municipal Code (BMC), as outlined in the Applicable Codes Section of this report. This includes updates to the residential and mixed use development standards consistent with California Senate Bill SB 478 (“housing opportunity act”) and as provided in the 2023-2031 Housing Element. It also includes reorganization of the development standards in the residential district zoning for clarity and updates to the procedures for planning permit approvals and appeals.
RECOMMENDATION: Via Resolution 2024-RZ-2, recommend that City Council adopt Zoning Text Amendment 2024-RZ-2, as provided in Exhibit A of Attachment A.
ENVIRONMENTAL DETERMINATION: The adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 15061(b)(3), Section 15183 relating to the implementation of the Housing Element. The exception requiring further review as might be necessary to examine a project specific significant effects does not apply.
APPLICABLE CODE SECTIONS: Procedures for zoning amendments are provided in BMC Chapter
17.50. The following BMC chapters or sections contained within Title 17 – Zoning are applicable to this amendment, with the proposed action indicated for each:
• Section 17.02.065 - Outside Wall definition – delete and include in Wall definition. • Section 17.02.785 - Wall definition – new, but amended from Outside Wall definition. • Section 17.06.040 - R-1 Development Regulations - amended. • Section 17.08.040 - R-2 Development Regulations - amended. • Section 17.10.040 - R-3 Development Regulations - amended. 93 250
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• Section 17.12.040 - R-BA Development Regulations - amended. • Section 17.12.045 - Ridgeline Development – new section, relocated from Section
17.12.040.
• Section 17.14.060 - NCRO-2 Development Regulations - amended. • Section 17.16.040 - SCRO-1 Development Regulations - amended. • Section 17.27.040 - POAZ-1 Development Regulations - amended. • Section 17.27.050 - POAZ-2 Development Regulations - amended. • Sections 17.032.050 to 17.32.080 - various exceptions to district development regulations – relocated to new Chapter 17.47 and amended.
• Section 17.42.070 - Amendment of Design Permits – Minor Modifications - amended. • Chapter 17.46 - Variances – amended.
• Chapter 17.47 - Exceptions to District Development Regulations – new chapter from relocated sections 17.32.050 to 17.32.080.
• Chapter 17.52 - Appeals – amended.
• Chapter 17.56 - Administration – retitled to Zoning Administrator and amended.
Note that the provisions of this ordinance would not supersede the provisions of the ordinance proposed for adoption via application number 2024-RZ-1, which would establish an R-TUO Residential Two Unit Overlay district, provided separately.
BACKGROUND: California Senate Bill SB 478 (2021) was codified as Government Code Section 65913.11. This law became effective on January 1, 2022 and requires that a local agency allow minimum floor area ratios (FARs) of at least 1.0 for 3 to 7 unit developments and 1.25 for 8 to 10 unit developments. A local agency may not impose a lot coverage requirement that would physically preclude a housing development project that would meet the FAR requirements for 3 to 10 units. Also, a local agency may not deny a housing development project in the range of 3 to 10 units on an existing lot solely on the basis that it doesn’t meet the minimum lot size. For Brisbane, this is applicable to the R-2 and R-3 residential Districts and the NCRO-1 and SCRO-1 mixed use districts. The R-2 and R-3 districts currently have FAR limits of 0.72 and the NCRO-2 and SCRO-1 do not have FAR maximums.
On May 18, 2023, City Council adopted the revised 2023-2031 Housing Element (Housing Element) and it was subsequently certified by the California Department of Housing and Community Development (HCD). It includes a program for Brisbane to update its zoning ordinance to increase the height in the multifamily districts to 36 feet to more reasonably allow for 3 story developments. Additionally, other goals, policies and programs are provided to encourage development of housing, prevent displacement, provide for accessibility and to remove unreasonable government constraints to the provision of housing, as follows:
Goal 2: Facilitate and support the production of housing at all income levels, but especially affordable housing.
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Policy 2.A: Provide zoning for a balance of housing types, sizes (bedrooms), tenure and the inclusion of affordable, senior and special needs dwelling units in multi-family developments consistent with the RHNA.
• Program 2.A.12: Amend the zoning ordinance for all districts that allow multifamily residential uses, to allow for building heights of at least 36 feet, to be able to accommodate 3-story development.
Goal 7:Avoid unreasonable government constraints to the provision of housing.
Policy 7.A: Improve the development review and approval process. • Program 7.A.1: Continue to evaluate and implement changes to the zoning ordinance and permitting process to simplify and streamline approval of projects that meet the City’s housing goals.
• Program 7.A.3: Continue to allow ministerial approval by the Community Development Director, subject to a minimal fee, of exceptions to the Zoning Ordinance for reasonable accommodation for housing for persons with disabilities per Government Code Section 65583(c)(3).
Following adoption of the Housing Element, the Planning Commission held workshops on June 8, 2023 and February 22, 2024, during their regularly scheduled public meetings, to discuss the provisions of a draft ordinance addressing SB 478 along with proposed amendments to address these other items. The links to the workshop reports and minutes are provided with the links in the Attachments section of this report.
During the workshops, the Planning Commission indicated a desire to provide for equity in terms of height across the various residential districts as well as consistent floor area ratio standards for 3 unit developments and larger.
Also, since this ordinance touches on the development standards for all of the residential and mixed use districts, with the exception of the POAZ-1 and POAZ-2 districts which are addressed through the Parkside Precise Plan, as well as the related exceptions to development standards, a comprehensive zoning amendment has been proposed.
DISCUSSION: The ordinance updates the residential zoning regulations as provided in the Housing Element programs, provides for reorganization of certain sections, and updates and clarifies procedural requirements for planning permits. The draft ordinance is provided as Exhibit A of Attachment A and a redlined version is provided as Attachment B. The redlined version 95 252
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shows only proposed substantive amendments and does not show redlines for edits that were made for reorganizational purposes.
The key amendments provided in the draft ordinance are as follows:
Sections 17.02.065 and 17.02.785 Definitions: The definitions provided in Chapter 17.02 apply to any district within the City. The definition in Section 17.02.785 - Outside Wall is updated to provide the definition under the broader definition of Wall and to further clarify the types of outside walls, such as “interior to a lot” or “exterior”. This definition is only for clarity, without substantive changes, and is tied to building articulation provisions later in the ordinance.
Section 17.06.040 - Development Regulations (R-1 Residential District): This section of the R-1 Residential zoning district regulations has been reformatted to a table for clarity. The only substantive amendment would be to increase the height for dwellings and structures that are not within the standard setback areas to 36 feet, from the current height limit of either 28 feet for lots with less than a 20 percent slope, or 30 feet for lots with a slope of 20 percent or greater.
This is consistent with the requirements established under the Housing Element.
Section 17.08.040 - Development Regulations (R-2 Residential District): This section of the R-2 Residential zoning district regulations has been reformatted to a table for clarity. The substantive amendments would be to increase the height for dwellings and structures that are not within the standard setback areas to 36 feet and for multifamily developments of three units or more, the floor area ratio (FAR) would be amended to 1.25 from 0.72, consistent with SB 478. The lot coverage limit would remain at 50 percent, except that over 50 percent may be approved by the planning director, if required to meet the 1.25 FAR. Also, per SB 478 there would be no requirement for the lot area for a lot of record, for multifamily developments of 3 units or more.
Section 17.10.040 - Development Regulations (R-3 Residential District): This section of the R-3 Residential zoning district regulations has been reformatted to a table for clarity. The substantive amendments are similar to the R-2 district. The height limit for dwellings and structures that are not within the standard setback areas would be increased to 36 feet and for multifamily developments of three units or more, the floor area ratio (FAR) would be amended to 1.25 from
0.72, consistent with SB 478. The lot coverage limit would remain at 60 percent, except that lot coverage exceeding 60 percent may be approved by the planning director, if required to meet the 1.25 FAR for developments of 3 or more units on a lot. Also, per SB 478 there would be no requirement for the lot area for a lot of record, for multifamily developments of 3 units or more.
Section 17.12.040 - Development Regulations (R-BA Brisbane Acres Residential District): This section of the R-BA zoning district regulations has been reformatted to a table for clarity. Similar to the R-1 district, the amendment would increase the height for dwellings and structures that are not within the standard setback areas to 36 feet, from the current height limit of 35 feet. The subsection pertaining to ridgeline development would be relocated to a stand-alone section, but 96 253
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no substantive amendments are proposed for this section. This would be similar to the organizational structure for clustered development in the R-BA, since there is a planning permit process for both types of developments.
Section 17.14.060 - Development regulations for the NCRO-2 district: The substantive amendment for this section would be the change in height, from the current maximum of 35 feet, when authorized by a design permit, to 36 feet consistent with the Housing Element program. Note that any principal structure in this district requires design permit review and approval by the Planning Commission. Per SB 478, there would be no requirement for the lot area for an existing lot of record, for multifamily developments of 3 units or more. The fencing requirements would also be amended, primarily for clarity, but would also allow for greater flexibility on the height for screening abutting residential district property, so that 8 feet would no longer be the required minimum, but it would establish a maximum height of 10 feet.
Currently, no maximum height is specified. Fences would be subject to Zoning Administrator approval, unless it is part of a design permit subject to Planning Commission approval.
Section 17.16.040 - Development regulations for the SCRO-1 district: The substantive amendment for this section would be the change in height, from the current maximum of 35 feet, to 36 feet, consistent with the Housing Element program. Also, per SB 478, there would be no requirement for the lot area for an existing lot of record, for multifamily developments of 3 units or more.
Sections 17.27.040 and 17.27.050 - Development regulations for the PAOZ-1 and PAOZ-2 districts: For consistency with procedures for fence and wall exceptions provided for other districts, such permit applications would be by the Zoning Administrator instead of the Planning Commission.
Sections 17.32.050 to 17.32.080 - various exceptions to development regulations: These sections would be removed from Chapter 17.32 - General Use Regulations. The provisions would be relocated and amended as a new “Chapter 17.47 - Exceptions to District Development Regulations”, as described below.
Section 17.42.070 - Amendment of Design Permit – Minor Modifications: This amendment would retitle the section to “Amendment of Design Permit – Modifications" and instead of naming the Planning Commission only as the approving authority, amendments may be approved by the Zoning Administrator or the Planning Commission, as set forth in Section 17.56.090, depending on whether it is a major or minor modification. Proposed amendments to Section
17.56.090 are described below.
Section 17.46 - Variances: This chapter currently names either the Planning Commission or the Zoning Administrator as the approving authority for “variances from the strict application of the terms of this title”. In practice, variances have been reviewed by the Planning Commission and, 97 254
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for clarity and consistency with practice, the reference to the Zoning Administrator would be deleted.
Chapter 17.47 - Exceptions to District Development Regulations: This new chapter would include the following sections:
17.47.010 - Purpose of Chapter
17.47.020 - Applicability
17.47.030 - Exceptions to Lot area, lot dimensions and lot lines
17.47.040 - Height Limit Exceptions
17.47.050 - Setback Exceptions
17.47.060 - Exception Modification Procedures
17.47.070 - Requests for reasonable accommodations.
17.47.080 - Nonconforming Structures and Features.
This is largely a reorganization for clarity to distinguish exceptions as separate from Chapter 17.32 - General Uses, such as conditional uses in all districts, wireless telecommunications facilities, etc.
The reorganization would provide a vehicle to clarify and update the processing procedures for the various exception permits and provide more consistent processing of the various exceptions.
These are outlined as follows:
Exceptions to Lot area, lot dimensions and lot lines: The provisions of this section would remain largely unchanged, except to cross reference and allow that lots may be created by urban lot split, through the new Chapter 17.05.
Height Limit Exceptions: This section has been reformatted to a table for clarity. The height limit exceptions section, at present, names flag poles, church steeples, radio and other towers as part of a class of exceptions having a use permit requirement and these are proposed to be removed from this section. Flag poles would be removed since height limits are included within a new setback exception type. Where a flag pole is proposed interior to a developed lot, not within the setback area, the standard district height provisions would apply. Churches may be conditionally permitted in any district in accordance with BMC Section 17.32.020.B.1 and telecommunications facilities are provided for in Section 17.32.032.
This section also currently includes a procedure for approving accessibility improvements for accommodation of those with a disability. This section has been relocated to a section at the end of this new Chapter 17.47, to allow for administrative permitting through the building permit process. See further discussion below.
Setback Exceptions: This section has been reformatted to tables for clarity. Also, the various procedures for application for a modification to setback exception would be normalized to a single process that’s provided in the draft new Section 17.47.060 - Exception Modification Procedures.
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A few setback exception standards are proposed to be updated, following discussion at the Planning Commission workshops. Subject to certain conditions, including compliance with the California Building Code (CBC), these include: 1) adding an exception for garages and carports on through lots to have a zero setback from the rear lot line, the same as currently exists for the front, subject to City Engineer approval; 2) stairs, ramps and landings to a building entrance may have a zero side setback; 3) decorative water features and decorative artwork would have no side setback requirement which is the same as currently allowed for the front and rear; and 4) a new exception has been added for flag poles and flags.
Fences, hedges and walls would be included in the setback exceptions chapter and the provisions have been updated. That’s largely for clarity, but a few notable amendments are as follows:
The current provisions allow for 8 foot wood fences in the residential districts, side and rear setbacks only, with the top two feet being in lattice. The draft provisions would allow up to 7 feet of solid fence, but if the fence is as high as 8 feet then the top 2 feet must be lattice or a similar open pattern. The 7 footsolid fence height correlates to the threshold for when a building permit would be required per the CBC. Within certain commercial districts that have an public, open campus feel, such as the SP-CRO Sierra Point Commercial District, or are public facing, such as the NCRO-1 and NCRO-2, a fence exception permit would be required for any fence.
Alternatively, fences may be approved as part of a design permit, if the fence is part of a new development project that would already be going to the Planning Commission for design review.
Under other requirements for fences, a non-substantive amendment to the requirement for fences within the HCP has been included in the other requirements section, to provide clearer language that any such fencing must be consistent with the HCP operating program for the site or other required permitting consistent with the HCP requirements. Also, gated driveways are not currently addressed in the code and so these would be subject to planning director approval, to verify that the gate would not create a safety hazard.
For retaining walls, although not a substantive change, the conditions for walls over 6 feet in height have been updated to match the same conditions provided for retaining walls that may be approved through the grading ordinance provisions in BMC Section 15.01.110.B.2.
Exception Modification Procedures: As indicated above, exception modification procedures would be normalized to one process through the Zoning Administrator, as detailed in the proposed new Section 17.47.060. Zoning Administrator decisions are to be reported to the Planning Commission at least 7 days prior to the expiration of the 10-day appeal period and decisions may be appealed to the Planning Commission. Appeals timeframes and procedures are also proposed to be updated in Section 17.52, as described below.
Requests for reasonable accommodations. Consistent with Housing Element Program 7.A.3, requests for reasonable accommodations would be deleted from the height and setback 99 256
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exceptions and made a separate subsection within this new chapter. Unlike the other exceptions, which would require a decision by the Zoning Administrator, reasonable accommodations would be subject to a building permit where it has been demonstrated that the current or future accessibility feature cannot be otherwise addressed through the applicable district height or setbacks provisions. As with all of the exceptions, the accessibility improvement will be required to be constructed in compliance with state and local building and fire codes.
Chapter 17.52 - Appeals: Various appeals timeframes are provided in Title 17 for different applications. While this update is not an attempt to address all of these, it would serve to provide more structure and consistency to the time periods and process. Except where specified otherwise in Title 17, decisions of either the Planning Director or the Zoning Administrator would be subject to 10 day appeals periods. Appeal periods are currently 7 days for the Zoning Administrator and 15 days for Planning Director decisions. The Planning Commission appeals are currently 15 days for most applications, except where specified otherwise in the code, and would remain as is. This section would add a procedure for two Planning Commissioners to be able appeal a decision of the Zoning Administrator, to be heard by the Commission, similar to the process for two City Council members to be able to appeal a decision of the Planning Commission.
Chapter 17.56 - Zoning Administrator: Finally, Section 17.56 would be retitled from Administration to Zoning Administrator, to more accurately reflect its contents. The amendment would update the list of application types subject to zoning administrator approval. It also further updates and fleshes out the procedures for evaluating and hearing proposed modifications to planning permits into three types:
➢ Substantial conformance – may be approved through the building permit review process. ➢ Minor modification – generally subject to review and approval by the Zoning Administrator following the procedure set forth in Chapter 17.56. ➢ Major modification - subject to review and approval by the original decision-making body, whether the Zoning Administrator or the Planning Commission.
Procedures for public notice of Zoning Administrator applications and hearing procedures are also provided along with a cross reference to the appeals process provided in Chapter 17.52 and requirements for reporting decisions to the Planning Commission.
This draft ordinance was provided to the Public Works Director/City Engineer, Building Department, North County Fire Authority and City’s Legal Counsel and comments have been incorporated into it.
Finally, no correspondence was received from the public prior to publication of this report. Any comments received after publication will be provided to the Commission separately. 100
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ATTACHMENTS:
A. Draft Resolution 2024-RZ-2
Exhibit A -Draft ordinance, zoning text amendment
B. Redlined copy of proposed zoning text amendments
C. Workshop links:
a. February 22, 2024 (Memorandum to PC) (Minutes)
b. June 8, 2023 (Memorandum to PC) (Minutes)
______________________________ _______________________________________ Ken Johnson, Senior Planner John Swiecki, Community Development Director 101
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To the Planning Commission
From: Dana Dillworth
R: Zoning Amendments RZ-2024-1 and RZ-2024- 2
May 9, 2024
Don’t pass these changes without asking for further studies to disclose these plans’ full impacts.
Where is the map? It didn’t print out. I only see text.
Rezone the whole town, with a multiplying, quadrupling effect of housing impacts, including the Brisbane Acres, with no study? No infrastructure studies, no hillside stability studies, no commercial safety set-back rules, no natural rivers assessment, no habitat studies, no nothing? This cannot be in balance with our General Plan because it is not balanced with the other elements and community goals in our General Plan.
Where are the other city commissions and committees weighing in on quadrupling requirements for their areas of concern? Like more open space and mitigations for environmental impacts requiring native plant plantings, net-zero and solar orientation of buildings, stream setbacks, rainwater systems, etc? How about requirements for recreation and community-building opportunities per capita? Pocket gardens. Where is Open Space being mapped or do we accept 1-foot wide planters for Open Space? Where are the safety features like wildfire suppression zoning? Where’s the Art Commission weighing in on 40 square foot walls as an opportunity for art or native plantings vs. fenestration through your ministerial housing-only myopic requirements?
What happened to disclosing known hazards (prior land slides at Kings and Humboldt, Harold, and Old County Road below Tulare) and new conditions of recent slides (Glenn and Buckeye Canyons) that make blanket rezoning unsafe. When do you disclose streets that are unable to handle the quadruple traffic or machinery needed for gouging the hillside? While these documents incorporate the meetings that were presented to the public as study sessions, the impacts of these changes have never been studied by professionals. If it has been studied, please provide the report and its authors. Public comments both at the planning commission and city council level for housing element revisions included requests for studies for sea-level rise, hill and slope stability, rare and endangered species habitat restoration programs, programs to mitigate loss of solar when your neighbor’s project shadows your panels, and review of toxins, should all be incorporated (by reference) into this document, including my recent comments to council about re-zoning Crocker Park and Sierra Point for housing.
Absent full knowledge or disclosure of the safety and environmental issues puts the public at risk. For this reason I object to the use of a Zoning Administrator substituting for an openly, noticed planning meeting process. An assigned regulator cannot know the nuances in this town without you disclosing them at this time. Particularly, the Brisbane Acres requirement of 60% habitat preservation; I don’t see the lands contractually dedicated for Open Space mapped properly.
Your admission is that this is piecemeal. Stop. You have further revisions pending which includes unlimited heights… Can we see/study all of the impacts of all the new California laws? CEQA requires us to evaluate future and potential projects. I see no mention here. You have not provided adequate information nor proper studies to continue this zoning plan. 102
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Some other disturbing facts is that his disallows Air b’n b uses. I know this is a contentious issue and represents an unlawful taking to citizens that have abided by the city’s onerous regulations and if the intent for this passage is to provide for low- and moderate-income housing… it will not. Focus on that, the city’s responsibility to all citizens AND the environment, not undermining the fabric and safety of our town to speculators. 103
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File Attachments for Item:
S. Consider Adopting a Resolution to Amend the Master Pay Schedule 261
Adopt Resolution to Amend the Master Pay Schedule Page 1 of 3
CITY COUNCIL AGENDA R, EPORT
Meeting Date: June 6, 2024
From: Abby Partin, Human Resources Director
Subject: Adopt Resolution to Amend the Master Pay Schedule Community Goal/Result
Fiscally Prudent
Purpose
To ensure the City maintains competitive pay rates to retain qualified, stable and dedicated workforce for the community.
Recommendation
Adopt the attached resolution to amend the Master Pay Schedule.
Background
On November 4, 2016, CalPERS issued Circular Letter 200-050-16, clarifying that pay schedules must comply with Government Code (GC) Section 20636 and California Code of Regulations (CCR), Title 2, Section 570.5. If an agency does not meet the requirements outlined in GC Section 20636 and CCR, Title 2, Section 570.5, CalPERS may determine an amount that may be considered to be the pay rate.
To comply with these codes, pay schedules need to meet the following requirements:
1. Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws;
2. Identifies the position title for every employee position;
3. Shows the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
4. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
5. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
6. Indicates an effective date and date of any revisions;
7. Is retained by the employer and available for public inspection for not less than five years; and
8. Does not reference another document in lieu of disclosing the payrate.
On May 17, 2017, the City began posting a master pay schedule that combines all of the pay schedules, including Council Member and Commissioner Pay, together in one document as the master pay schedule, to avoid possible issues with CalPERS going forward. 262
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Adopt Resolution to Amend the Master Pay Schedule Page 2 of 3 In December 2022, the City completed negotiations and reached an agreement with all of the employee bargaining groups outlining wages, benefits and working conditions for each respective group. Staff posted the approved labor/employment agreements and associated salary information on the City’s website to provide the public with access to this information at https://www.brisbaneca.org/hr/page/labor-agreements and https://www.brisbaneca.org/hr/page/salary-information
On May 2, 2024, the City Council authorized the Mayor to execute the new City Manager’s employment contract which included his salary information. The master pay schedule will reflect Mr. Dennis’ hourly rate of $151.44, effective June 24, 2024.
Discussion
Staff is presenting tonight for adoption the master pay schedule to reflect the approved pay increases effective the first full pay period in July 2024. The summary of the updates to the master pay schedule are as follows:
• Confidential Management Employees: The classifications in this group will receive a 6% pay increase and the current filled positions in this group and their respective top step pay rates include: Finance Director at $115.49 per hour and Human Resources Director at $113.35. • Executive Management: The classifications in this group will receive a 6% pay increase and the current filled positions in this group and their respective top step pay rates include:
Assistant to the City Manager at $92.48 per hour, City Clerk at $74.83 per hour, Community Development Director at $116.72 per hour, Parks and Recreation Director at $111.29 per hour and Public Works Director/City Engineer at $136.64 per hour. • Police Chief: This classification will receive a 6% pay increase and the new pay rate will be $136.19 per hour at the top step.
• The following bargaining groups will also receive a 6% pay increase: Brisbane Fire Management, Confidential Employees, General Employees Association, International Association of Firefighters, Local 2400, Mid-Management/Professional Employees, Police Commander, and Police Officers Association.
Historically, the City Council has approved pay increases for hourly unrepresented employees that mirror the pay increases of represented bargaining groups. In order to continue this practice, staff is requesting Council to approve for this fiscal year a similar 6% increase to the pay scales for hourly employees, with the exception of the Intern, Habitat Restoration Lead Worker and Special Assistant positions to ensure the hourly employees are compensated appropriately and their compensation kept in line with their fellow employees in the bargaining units.
Staff recommends City Council approves the attached resolution,so that the City is in compliance with GC Section 20636 and CCR section 570.5, and able to work towards retaining and attracting the quality and expertise of staff required by Council and the community. 263
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Adopt Resolution to Amend the Master Pay Schedule Page 3 of 3 Fiscal Impact
These increases are reflected in the FY 2024-25 budget.
Measure of Success
The City is able to recruit and retain a qualified, stable and dedicated workforce.
Attachments
1. CalPERS Circular Letter 200 500 16 Agreement
2. Resolution 2024-XX
________________________
Abby Partin, Human Resources Clay Holstine, City Manager Director
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RESOLUTION NO 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
ADOPTING MASTER PAY SCHEDULES
FOR ALL EMPLOYEES
WHEREAS, the City of Brisbane contracts with the California Public Employee’s Retirement System (CalPERS) to provide retirement benefits for its employees; and WHEREAS, pursuant to the California Code of Regulations, Title 2, Section 570.5 CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
WHEREAS, the pay schedule must identify the position title for every employee position, pay rate for each position title, and the applicable time base for the pay rate; and WHEREAS, the City Council of the City of Brisbane desires to approve and adopt a publicly available Master Pay Schedule, showing all established employee positions and pay rates, in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5;
WHEREAS,
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:
The Master Pay Schedule as set forth in Exhibit A is approved and is incorporated by reference as though fully set forth herein.
Section 1. Resolution Number 2000-
_________________
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 June 6, 2024, by the following vote:
Ayes:
Noes:
Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
265
S.
California Public Employees’ Retirement System
P.O. Box 942715
Sacramento, CA 94229-2715
(888) CalPERS (or 888-225-7377)
TTY: (877) 249-7442
www.calpers.ca.gov
Circular Letter: 200-050-16
Distribution: IV, V, VI, X, XII, XVI
Circular Letter November 4 , 2016
TO: ALL CALPERS EMPLOYERS
SUBJECT: STATUTORY AND REGULATORY REQUIREMENTS FOR COMPENSATION
EARNABLE AND PUBLICLY AVAILABLE PAY SCHEDULES
Accurate Payroll reporting is crucial for providing accurate member benefits. The purpose of this letter is to remind employers of the requirements for compensation earnable and publicly available pay schedules.
Compensation Earnable
Only those pay amounts that meet the definition of compensation earnable are used when calculating retirement benefits. For more information about compensation earnable, please refer to the Public Employees’ Retirement Law (PERL) Government Code (GC) sections 20636 and 20636.1 which define compensation earnable for State, School, and Public Agency members. Compensation earnable is further clarified by California Code of Regulations (CCR) Section 570.5.
All employers must comply with the compensation earnable provisions and corresponding regulations of the PERL. Where employers fail to comply, pay amounts will be determined to not constitute payrate, and accordingly, CalPERS will be unable to use such pay amounts when calculating members’ retirement benefits.
Requirement for Publicly Available Pay Schedules
To meet the definition of compensation earnable, an amount of pay must either constitute payrate or special compensation as defined in the statutes. GC section 20636(d) further requires that payrate and special compensation schedules, ordinances, or similar documents are public records.
Employers must review their pay schedules to verify that all members’ pay amounts are included within a publicly available pay schedule.
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Circular Letter: 200-050-16
November 4, 2016
Compensation Earnable Government Codes
GC section 20636(b)(1) (applicable to Public Agency members) and 20636.1(b)(1) (applicable to School members) require pay amounts to be paid pursuant to publicly available pay schedules.
For example, GC section 20636 (b)(1) states:
“Payrate means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. “Payrate,” for a member who is not in a group or class, means the monthly rate of pay or base pay of the member, paid in cash and pursuant to publicly available pay schedules, for services rendered on a full-time basis during normal working hours, subject to the limitations of paragraph (2) of subdivision (e).” CCR 570.5 specifies the required elements necessary to meet the definition of a publicly available pay schedule as follows:
(a) For purposes of determining the amount of “compensation earnable” pursuant to GC sections 20630, 20636, and 20636.1, payrate shall be limited to the amount listed on a pay schedule that meets all of the following requirements:
(1) Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws; (2) Identifies the position title for every employee position; (3) Shows the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
(4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; (5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
(6) Indicates an effective date and date of any revisions; (7) Is retained by the employer and available for public inspection for not less than five years; and
(8) Does not reference another document in lieu of disclosing the payrate.
All eight (8) requirements must be met in one salary schedule for each member’s pay, in order for CalPERS to approve the pay amount as payrate and reportable compensation earnable. 267
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Circular Letter: 200-050-16
November 4, 2016
Publicly Available Pay Schedules Government Code
If an agency cannot provide a document meeting the requirements for a publicly available pay schedule, then CalPERS must determine that the pay amount fails to meet the definition of payrate. CCR 570.5 (b)(1)-(4) outlines the process by which CalPERS may determine a member’s payrate when there is no publicly available pay schedule provided.
CCR 570.5 (b) states:
(b) Whenever an employer fails to meet the requirements of subdivision (a) above, the Board, in its sole discretion, may determine an amount that will be considered to be payrate, taking into consideration all information it deems relevant including, but not limited to, the following:
(1) Documents approved by the employer’s governing body in accordance with requirements of public meetings laws and maintained by the employer; (2) Last payrate listed on a pay schedule that conforms to the requirements of subdivision (a) with the same employer for the position at issue; (3) Last payrate for the member that is listed on a pay schedule that conforms with the requirements of subdivision (a) with the same employer for a different position;
(4) Last payrate for the member in a position that was held by the member and that is listed on a pay schedule that conforms with the requirements of subdivision (a) of a former CalPERS employer.
For assistance or questions, please direct your inquiries to the CalPERS Customer Contact Center at 888 CalPERS (or 888-225-7377).
Renee Ostrander, Chief
Employer Account Management Division
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Appendix A
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Accounting Assistant I $ 29.20 $ 30.67 $ 32.21 $ 33.82 $ 35.51 7/1/2024 General Employees Non-Exempt Accounting Assistant II $ 32.15 $ 33.76 $ 35.46 $ 37.22 $ 39.09 7/1/2024 General Employees Non-Exempt Accounting Systems Analyst $ 44.15 $ 46.48 $ 48.80 $ 51.24 $ 53.80 7/1/2024 General Employees Non-Exempt Administrative Assistant $ 38.63 $ 40.57 $ 42.59 $ 44.72 $ 46.96 7/1/2024 General Employees Non-Exempt Administrative Management Analyst $ 49.18 $ 51.62 $ 54.22 $ 56.91 $ 59.77 7/1/2024 Confidential Employee Exempt Administrative Services Director $ 99.29 $ 104.24 $ 109.46 $ 114.93 $ 120.69 7/1/2024 Confidential Management Exempt Assistant Engineer I $ 44.99 $ 47.24 $ 49.60 $ 52.09 $ 54.68 7/1/2024 General Employees Non-Exempt Assistant Engineer II $ 49.49 $ 51.94 $ 54.56 $ 57.28 $ 60.15 7/1/2024 General Employees Non-Exempt Assistant City Manager $ 114.18 $ 119.88 $ 125.88 $ 132.17 $ 138.79 7/1/2024 Confidential Management Exempt Assistant to the City Manager $ 76.08 $ 79.88 $ 83.89 $ 88.07 $ 92.48 7/1/2024 Executive Management Exempt Assistant Fire Marshal $ 85.40 $ 89.67 $ 94.15 $ 98.86 $ 103.80 7/1/2024 Brisbane Fire Management Exempt Associate Civil Engineer $ 58.92 $ 61.86 $ 64.95 $ 68.21 $ 71.62 7/1/2024 Mid-Management/Professional Exempt Associate Planner $ 52.06 $ 54.67 $ 57.41 $ 60.27 $ 63.29 7/1/2024 General Employees Non-Exempt Building Permit Technician $ 39.42 $ 41.39 $ 43.46 $ 45.64 $ 47.91 7/1/2024 General Employees Non-Exempt Cashier $ 16.96 $ 17.81 $ 18.70 $ 19.63 $ 20.61 7/1/2024 Unrepresented Non-Exempt C/CAG Stormwater Program Director $ 77.84 $ 81.73 $ 85.82 $ 90.12 $ 94.62 7/1/2024 Mid-Management/Professional Exempt City Clerk $ 61.56 $ 64.65 $ 67.88 $ 71.28 $ 74.83 7/1/2024 Executive Management Exempt City Manager $ - $ - $ - $ - $ - $ 151.44 6/24/2024 Unrepresented Exempt Code Enforcement Officer $ 41.98 $ 44.08 $ 46.28 $ 48.59 $ 51.03 7/1/2024 General Employees Non-Exempt Communications Digital and Media
Coordinator $ 39.42 $ 41.39 $ 43.46 $ 45.64 $ 47.91 7/1/2024 General Employees Non-Exempt Communications Manager $ 57.52 $ 60.54 $ 63.72 $ 67.07 $ 70.60 7/1/2024 Mid-Management/Professional Exempt Community Development Director $ 96.01 $ 100.81 $ 105.87 $ 111.16 $ 116.72 7/1/2024 Executive Management Exempt Community Development Technician $ 39.42 $ 41.39 $ 43.46 $ 45.64 $ 47.91 7/1/2024 General Employees Non-Exempt Community Services Officer $ 34.37 $ 36.59 $ 38.42 $ 40.34 $ 42.35 7/1/2024 General Employees Non-Exempt Council Member $ - $ - $ - $ - $ - $ 400.00 7/1/2024 Elected Position Crossing Guard $ 16.96 $ 17.81 $ 18.70 $ 19.63 $ 20.61 7/1/2024 Unrepresented Non-Exempt Deputy City Clerk/Executive Assistant $ 46.29 $ 48.60 $ 51.03 $ 53.59 $ 56.26 7/1/2024 Confidential Exempt Deputy Director of Public Works $ 86.96 $ 91.31 $ 95.88 $ 100.68 $ 105.70 7/1/2024 Mid-Management/Professional Exempt Deputy Finance Director $ 77.84 $ 81.73 $ 85.82 $ 90.12 $ 94.62 7/1/2024 Mid-Management/Professional Exempt Director of Marina/Aquatics Services $ 63.73 $ 66.92 $ 70.27 $ 73.78 $ 77.47 7/1/2024 Executive Management Exempt Engineering Technician $ 43.36 $ 45.54 $ 47.81 $ 50.18 $ 52.71 7/1/2024 General Employees Non-Exempt Executive Administrative Assistant $ 40.05 $ 42.04 $ 44.14 $ 46.35 $ 48.67 7/1/2024 General Employees Non-Exempt Facility Attendant $ 19.87 $ 20.86 $ 21.91 $ 23.01 $ 24.15 7/1/2024 Unrepresented Non-Exempt Finance Director $ 95.02 $ 99.77 $ 104.76 $ 110.02 $ 115.49 7/1/2024 Confidential Management Exempt Financial Services Manager $ 67.23 $ 70.59 $ 74.12 $ 77.84 $ 81.73 7/1/2024 Mid-Management/Professional Exempt Fire Captain $ 46.95 $ 49.29 $ 51.77 $ 54.35 $ 57.07 7/1/2024 IAFF Local 2400 Non-Exempt Fire Prevention Officer $ 55.01 $ 60.78 $ 63.81 $ 66.99 $ 70.35 7/1/2024 IAFF Local 2400 Non-Exempt Fire Trainee $ - $ - $ - $ - $ - $ 27.36 7/1/2024 IAFF Local 2400 Non-Exempt Firefighter $ 39.29 $ 41.25 $ 43.32 $ 45.46 $ 47.74 7/1/2024 IAFF Local 2400 Non-Exempt Firefighter II $ 43.22 $ 45.38 $ 47.65 $ 50.01 $ 52.52 7/1/2024 IAFF Local 2400 Non-Exempt Firefighter/Paramedic $ 39.29 $ 41.25 $ 43.32 $ 45.46 $ 47.74 7/1/2024 IAFF Local 2400 Non-Exempt Firefighter/Paramedic II $ 43.22 $ 45.38 $ 47.65 $ 50.01 $ 52.52 7/1/2024 IAFF Local 2400 Non-Exempt Geographic Information System Manager $ 57.52 $ 60.54 $ 63.72 $ 67.07 $ 70.60 7/1/2024 Mid-Management/Professional Exempt Habitat Restoration Lead Worker $ - $ - $ - $ - $ - $ 16.00 7/1/2024 Unrepresented Non-Exempt Harbormaster $ 54.22 $ 56.92 $ 59.77 $ 62.76 $ 65.90 7/1/2024 Mid-Management/Professional Exempt Head Lifeguard $ 23.83 $ 25.03 $ 26.27 $ 27.60 $ 28.96 7/1/2024 Unrepresented Non-Exempt History Project Asst $ 40.33 $ 42.35 $ 44.46 $ 46.68 $ 49.02 7/1/2024 Unrepresented Non-Exempt Human Resources Administrator $ 79.43 $ 83.40 $ 87.57 $ 91.95 $ 96.55 7/1/2024 Confidential Exempt Human Resources Director $ 93.25 $ 97.91 $ 102.81 $ 107.95 $ 113.35 7/1/2024 Confidential Management Exempt Human Resources Technician $ 39.42 $ 41.39 $ 43.46 $ 45.64 $ 47.91 7/1/2024 General Employees Non-Exempt Information Technology & Systems
Administrator 59.27$ 62.24$ 65.35$ 68.61$ 72.06$
7/1/2024 Mid-Management/Professional Exempt
Intern $ - $ - $ - $ - $ - $16.00 - $23.00 7/1/2024 Unrepresented Non-Exempt Lifeguard 18.08$ 18.99$ 19.93$ 20.93$ 21.96$ 7/1/2024 Unrepresented Non-Exempt Management Analyst (Part-time) 44.59$ 46.83$ 49.16$ 51.62$ 54.20$ 7/1/2024 Unrepresented Non-Exempt City of Brisbane Master Pay Schedule
Approved per Resolution No. 2024-XX
Exhibit A
269
S.
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Marina Maintenance Worker I $ 33.81 $ 35.49 $ 37.26 $ 39.13 $ 41.09 7/1/2024 General Employees Non-Exempt Marina Maintenance Worker II $ 37.18 $ 39.03 $ 40.99 $ 43.02 $ 45.18 7/1/2024 General Employees Non-Exempt Marina Maintenance Worker I ( Part-time) $ 34.47 $ 36.19 $ 38.00 $ 39.92 $ 41.91 7/1/2024 Unrepresented Non-Exempt Marina Maintenance Worker II ( Part-time) $ 37.90 $ 39.83 $ 41.78 $ 43.86 $ 46.09 7/1/2024 Unrepresented Non-Exempt Marina Services Director $ 59.57 $ 62.55 $ 65.68 $ 68.95 $ 72.41 7/1/2024 Executive Management Exempt Office Assistant $ 30.98 $ 32.48 $ 34.10 $ 35.81 $ 37.62 7/1/2024 General Employees Non-Exempt Office Assistant (Part-Time) $ 31.55 $ 33.11 $ 34.77 $ 36.53 $ 38.35 7/1/2024 Unrepresented Non-Exempt Office Specialist $ 36.32 $ 38.13 $ 40.05 $ 42.04 $ 44.14 7/1/2024 General Employees Non-Exempt Office Specialist (Part-Time) $ 37.05 $ 38.89 $ 40.84 $ 42.88 $ 45.03 7/1/2024 Unrepresented Non-Exempt Park/Beach/Recreation Commissioner $ - $ - $ - $ - $ - $ 100.00 7/1/2024 Appointed Position Parks & Recreation Director $ 91.55 $ 96.14 $ 100.94 $ 105.98 $ 111.29 7/1/2024 Executive Management Exempt Parks/Facilities Maintenance Worker I $ 33.81 $ 35.49 $ 37.26 $ 39.13 $ 41.09 7/1/2024 General Employees Non-Exempt Parks/Facilities Maintenance Worker I (PartTime) $ 34.47 $ 36.19 $ 38.00 $ 39.92 $ 41.91 7/1/2024 Unrepresented Non-Exempt Parks/Facilities Maintenance Worker II $ 37.18 $ 39.03 $ 40.99 $ 43.02 $ 45.18 7/1/2024 General Employees Non-Exempt Payroll/Utility Billing Technician $ 39.42 $ 41.39 $ 43.46 $ 45.64 $ 47.91 7/1/2024 General Employees Non-Exempt Planning Commissioner $ - $ - $ - $ - $ - $ 100.00 7/1/2024 Appointed Position Police Chief $ 112.05 $ 117.65 $ 123.52 $ 129.72 $ 136.19 7/1/2024 Police Chief Exempt Police Commander $ 101.01 $ 106.07 $ 111.38 $ 116.95 $ 122.79 7/1/2024 Police Commander Exempt Police Officer $ 51.34 $ 53.91 $ 56.60 $ 59.43 $ 62.40 7/1/2024 Brisbane Police Officers Association* Non-Exempt Police Officer - 40 hour shift (Detective/SRO)$ 53.91 $ 56.60 $ 59.43 $ 62.40 $ 65.52 7/1/2024 Brisbane Police Officers Association* Non-Exempt Police Corporal $ 56.47 $ 59.30 $ 62.26 $ 65.37 $ 68.64 7/1/2024 Brisbane Police Officers Association* Non-Exempt Police Sergeant $ 61.85 $ 64.95 $ 68.19 $ 71.60 $ 75.18 7/1/2024 Brisbane Police Officers Association* Non-Exempt Police Trainee $ - $ - $ - $ - $ - $ 37.99 7/1/2024 Unrepresented Non-Exempt Pre-School Teacher $ 19.99 $ 21.00 $ 22.05 $ 23.16 $ 24.32 7/1/2024 Unrepresented Non-Exempt Principal Analyst $ 68.79 $ 72.24 $ 75.84 $ 79.62 $ 83.61 7/1/2024 Confidential Exempt Principal Planner $ 73.26 $ 76.92 $ 80.77 $ 84.81 $ 89.05 7/1/2024 Mid-Management/Professional Exempt Program Manager - SMCWPPP $ 72.46 $ 76.10 $ 79.90 $ 83.90 $ 88.10 7/1/2024 Mid-Management/Professional Exempt Public Service Aide $ 17.79 $ 18.69 $ 19.61 $ 20.58 $ 21.62 7/1/2024 Unrepresented Non-Exempt Public Works Director/City Engineer $ 112.42 $ 118.03 $ 123.92 $ 130.13 $ 136.64 7/1/2024 Executive Management Exempt Public Works Inspector $ 55.47 $ 58.25 $ 61.16 $ 64.21 $ 67.43 7/1/2024 General Employees Non-Exempt Public Works Lead Maintenance Worker $ 44.62 $ 46.85 $ 49.18 $ 51.65 $ 54.22 7/1/2024 General Employees Non-Exempt Public Works Maintenance Worker I $ 33.81 $ 35.49 $ 37.26 $ 39.13 $ 41.09 7/1/2024 General Employees Non-Exempt Public Works Maintenance Worker I (Parttime) $ 34.47 $ 36.19 $ 38.00 $ 39.92 $ 41.91 7/1/2024 Unrepresented Non-Exempt Public Works Maintenance Worker II $ 37.18 $ 39.03 $ 40.99 $ 43.02 $ 45.18 7/1/2024 General Employees Non-Exempt Public Works Superintendent $ 72.12 $ 75.72 $ 79.51 $ 83.49 $ 87.66 7/1/2024 Mid-Management/Professional Exempt Public Works Supervisor $ 55.12 $ 57.88 $ 60.77 $ 63.81 $ 67.00 7/1/2024 Mid-Management/Professional Exempt Public Works Team Leader $ 50.00 $ 52.63 $ 55.41 $ 58.33 $ 61.39 7/1/2024 Mid-Management/Professional Exempt Receptionist $ 30.94 $ 32.48 $ 34.10 $ 35.81 $ 37.62 7/1/2024 General Employees Non-Exempt Receptionist (Part-time) $ 31.55 $ 33.11 $ 34.77 $ 36.53 $ 38.35 7/1/2024 Unrepresented Non-Exempt Recreation Leader $ 19.96 $ 20.96 $ 22.01 $ 23.10 $ 24.26 7/1/2024 Unrepresented Non-Exempt Recreation Leader Aide $ 16.96 $ 17.81 $ 18.70 $ 19.63 $ 20.61 7/1/2024 Unrepresented Non-Exempt Recreation Manager $ 67.83 $ 71.21 $ 74.77 $ 78.52 $ 82.44 7/1/2024 Mid-Management/Professional Exempt Recreation Program Coordinator $ 34.32 $ 36.62 $ 38.45 $ 40.37 $ 42.38 7/1/2024 General Employees Non-Exempt Recreation Supervisor $ 50.11 $ 52.63 $ 55.25 $ 58.01 $ 60.91 7/1/2024 Mid-Management/Professional Exempt Regional Compliance Program Manager $ 57.52 $ 60.54 $ 63.72 $ 67.07 $ 70.60 7/1/2024 Mid-Management/Professional Exempt Reserve Police Officer $ 36.67 $ 38.51 $ 40.43 $ 42.45 $ 44.58 7/1/2024 Unrepresented Non-Exempt Senior Accounting Assistant $ 36.42 $ 38.25 $ 40.16 $ 42.18 $ 44.27 7/1/2024 General Employees Non-Exempt Senior Civil Engineer $ 72.46 $ 76.10 $ 79.90 $ 83.90 $ 88.10 7/1/2024 Mid-Management/Professional Exempt Senior Human Resources Analyst $ 54.94 $ 57.68 $ 60.57 $ 63.60 $ 66.77 7/1/2024 Confidential Exempt Senior Management Analyst $ 53.85 $ 56.54 $ 59.37 $ 62.34 $ 65.45 7/1/2024 Mid-Management/Professional Exempt Senior Planner $ 61.96 $ 65.05 $ 68.31 $ 71.74 $ 75.31 7/1/2024 Mid-Management/Professional Exempt Senior Recreation Leader $ 25.61 $ 26.89 $ 28.23 $ 29.64 $ 31.13 7/1/2024 Unrepresented Non-Exempt Sustainability Manager $ 57.52 $ 60.54 $ 63.72 $ 67.07 $ 70.60 7/1/2024 Mid-Management/Professional Exempt Special Assistant $ - $ - $ - $ - $ - $16.00-$145.00 7/1/2024 Unrepresented Non-Exempt Spe Coun-Maj Dev Pro $ - $ - $ - $ - $ - $ 175.04 7/1/2024 Confidential Management Exempt Swim Instructor $ 19.72 $ 20.71 $ 21.75 $ 22.84 $ 23.98 7/1/2024 Unrepresented Non-Exempt Van Driver $ 18.55 $ 19.49 $ 20.47 $ 21.50 $ 22.57 7/1/2024 Unrepresented Non-Exempt 270
S.
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Water Quality Technician $ 37.18 $ 39.03 $ 40.99 $ 43.02 $ 45.18 7/1/2024 General Employees Non-Exempt 271
S.
File Attachments for Item:
T. Consider Adoption of a Resolution to Initiate a Test Residential Parking Permit Program on Thomas Ave Based Upon Results of Outreach to Residents
272
Resolution to Initiate Trial Parking
Permit Program on Thomas Ave.
CITY COUNCIL AGENDA REPORT
Meeting Date: June 6, 2024
From: Karen Kinser, Deputy Director of Public Works
Subject: Resolutionto initiate test Parking Permit Program on Thomas Community Goal/Result
(1) Safe Community
(2) Community Building
Purpose: To initiate a test residential parking permit program (RPPP) on Thomas Ave. lasting six months, and to later receive feedback from staff on the effectiveness of the program.
Recommendation: Adopt the resolution to initiate a test RPPP on Thomas Ave based upon results of outreach to residents.
Background
On April 18th, Council reviewed neighbor feedback regarding a potential trial program on Tulare St. and/or Thomas Ave. via a returned letter sent to households and other feedback received from staff’s follow up door-knocking campaign. The letter sent to households is attached for reference.
Council had further directed staff to revise Brisbane Municipal Code Section 10.26, which allows for neighbors to initiate an RPPP. Also on April 18, Council approved the code revision to reduce the number of households needed to initiate a program on their street to a simple majority, versus the prior 70%.
Discussion
Of the votes received by the Council meeting date for Thomas Ave., there were 19 in favor and 5 opposed to conducting a 6-month test program. On Tulare St., there were 14 in favor and 14 opposed.
The communication received from those opposing was from households that had more cars than licensed drivers, from a household that objected to the $20 fee, and one household who thought the guest permit allowance should be more robust. Others did not indicate their reason for opposition.
Consultant IPS Group can set up the RPPP parameters and associated web services, including collection of permit application information for a onetime cost of $5,000. This cost would not recur if the Council later decided to or residents, through the petition process in BMC 10.26, initiated a program with the same parameters at another location.
Fiscal Impact
Beyond the $5,000 database setup cost, installation of signs needed to indicate parking restrictions on Thomas Ave. will be approximately $3,600. Residents will be required to pay for 273
T.
Resolution to Initiate Trial Parking
Permit Program on Thomas Ave.
each permit applied for and obtained based on IPS’s fee schedule. Staff will send a letter to all affected households detailing costs and methods of payment available to them.
Enforcement will not incur additional costs, as Brisbane Police can respond to complaints with existing staff per the parameters above. Revenue from citations was not estimated nor included.
Attachments
1. Resolution Establishing a Trial Residential Parking Permit Program on Thomas Ave.
2. Lettersent to households on Tulare St and Thomas Ave on March 20, 2024.
Karen Kinser, Deputy Director of Public Works
Randy Breault, Director of Public Works/City Engineer Clay Holstine, City Manager Tomas Santoyo-Velazquez, Assistant Engineer
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RESOLUTION NO. 2024-__
-1-
RESOLUTION NO. 2024-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
ESTABLISHING A TRIAL RESIDENTIAL PARKING PERMIT PROGRAM
ON THOMAS AVENUE
WHEREAS, the Council-appointed citizen advisory Complete Streets Safety Committee heard concerns from residents regarding a lack of available street parking due to storage of excess vehicles on the street as well as use of the street for airport parking by non-residents; and
WHEREAS, the Complete Streets Safety Committee reviewed other cities’ programs and made a recommendation to the City Council regarding guidelines for a program for either targeted streets or all public streets in Central Brisbane; and WHEREAS, Council determined it wished to investigate the community’s interest in a trial program and directed staff to send a survey letter to residents of Thomas Avenue and Tulare Street; and
WHEREAS, after reviewing the responses to the trial parking program survey Council determined to establish a trial residential parking permit program on Thomas Avenue; and
WHEREAS, the City Council’s authority to impose residential parking restrictions by resolution is codified in Brisbane Municipal Code Section 10.26.045.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRISBANE RESOLVES AS FOLLOWS:
1. A trial residential parking permit program in compliance with Chapter 10.26 of the Brisbane Municipal Code shall be in effect on Thomas Avenue from August 1, 2024 to January 31, 2025.
2. The following guidelines and restrictions will be enforced:
a. One permit may be issued per each licensed driver for one vehicle, when both driver and vehicle are registered to the address on Thomas Avenue. b. The fee per permit will be based upon consultant IPS’s fee schedule.
Attachment 1
275
T.
RESOLUTION NO. 2024-__
-2-
c. Guest permits will be made available. The number of single overnight guest permits per household will be ten (10). The fee per guest permit will be based upon consultant IPS’s fee schedule.
d. Parking will be restricted to permit holders Sunday through Thursday starting at 10 PM and ending at 6 AM the next day.
e. Parking complaints for nonpermitted vehicles may be made anonymously by phone or through the city website at any time, but enforcement will only be conducted during program hours, and upon receipt of a resident complaint via phone or website.
f. The City Engineer is directed to post signage as required by Brisbane Municipal Code Section 10.26.070.
________________________________
Terry O’Connell, Mayor
* * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Brisbane held on the sixth day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
________________________________
Ingrid Padilla, City Clerk
276
T.
Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow DATE March 20, 2024
Subject: Residential Parking Program
Dear Residents of Tulare Street and Thomas Avenue,
A number of factors create challenging parking in our community; narrow streets, an economy forcing multiple generations to live under one roof, the occasional “airport parker”, businesses run out of the home and associated with multiple vehicles and pending legislation (State Assembly Bill 413) that will remove parking at intersections to provide better sight distance for pedestrians.
In an effort to reduce the parking challenges and make spaces more equitably available, the Council is asking you if you are willing to have a pilot residential parking permit program implemented on your street. Please reply by April 5th, 2024.
As currently envisioned the program’s parameters are:
1. One permit will be issued per licensed driver for one vehicle, when both driver and vehicle are registered to the address.
2. The fee per permit will be $20.
3. Guest permits will be made available. If the pilot program is established for 6 months, the number of single overnight guest permits per household will be ten (10).
4. Parking will be restricted to permit holders starting at 10 PM and ending at 6 AM the next day on Sunday through Thursday.
5. Parking complaints for nonpermitted vehicles may be made anonymously by phone or through the city website at any time, but enforcement will only be conducted during program hours, and upon receipt of a resident complaint via phone or website.
6. The program will require 17 signs on Tulare and 7 on Thomas, spaced to provide visibility from any location on the street.
Are you in favor of a test program? Yes No
Name and Street Address (one vote per household): ____________________________________ If you would like more details or wish to comment on the proposed program, please contact Deputy Public Works Director Karen Kinser at (415) 508-2133 or [email protected]. Please return this letter in the included envelope or reply by email to Karen Kinser, including your household address and your vote.
Very truly yours,
Terry O’Connell
Mayor, Brisbane City Council
City of Brisbane
50 Park Place
Brisbane, CA 94005-1310
(415) 508-2100
(415) 467-4989 Fax
Attachment 2
277
T.
File Attachments for Item:
W. Countywide Assignments and Subcommittee Reports
278
CITY of BRISBANE
Council Subcommittee Update
From May 11th, 2024, to May 31st, 2024
Charter City & Elections Issues Subcommittee 5/13 Davis, Lentz Councilmembers met with National Demographic Corporation (NDC) President Douglas Johnson. They received a roadmap as to what is entailed to draw district lines. Mr. Johnson was invited to CC meeting on May 16th to review the project. The councilmembers then discussed Brisbane Election options – mayoral rotation and term limits. This was brought to CC on May 16th.
Fiscal & Administrative Policies Subcommittee 5/29 O’Connell, Cunningham Staff met with the Mayor and Mayor Pro-tem to review the budget presentation and receive feedback. Councilmembers gave feedback and suggestions. The budget was presented at CC Special Meeting on 5/30 and will also be discussed at CC regular meeting on 6/6.
Economic Development Subcommittee 5/30 Cunningham, Lentz The subcommittee received an update on the community planning process for City owned property at 70 Old County Road. Staff prepared a preliminary draft scope of work for the subcommittee to review, and this will be incorporated into an RFP. Staff prefer to sole source the RFP to Good City, but it can also be sent to a more extensive consultant list, whatever is the council’s pleasure. This will be discussed at CC meeting on July 18th. Economic Development Director Mitch Bull gave an update on businesses and companies in Brisbane as well as an update on the Progress Seminar he attended (both docs may be viewed at:
https://www.brisbaneca.org/citycouncil/page/economic-development-subcommittee-7) .
Upcoming Subcommittees:
Best Practices Ad hoc Subcommittee 6/6 2:30pm Davis, Lentz Charter Cities 7 Election Issues Subcommittee 6/6 2:45pm Davis, Lentz Public Art Advisory Committee 6/17 4:30pm Cunningham, Davis 279
W.