Brisbane City Council
June 20, 2024

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CITYof BRISBANE
Thursday, June 20, 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 June 20, 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. Recognize City Manager Clay Holstine for More than 25 Years of Service to the City of Brisbane
ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
C. Approve Minutes of City Council Meeting of June 6, 2024 D. Approve Minutes of City Council Closed Session Meeting of June 6, 2024 E. Approve a Resolution Authorizing the Office of the Controller of the County of San Mateo to Place National Pollutant Discharge Elimination System Compliance Fees on Commercial Properties Within an Identified Study Area on the Property Tax Rolls F. Adopt Resolution Calling a General Municipal Election to Be Held on Tuesday, November 5, 2024 and Adopting Procedures Pertaining to the Conduct and Administration Of Such Election Including Requesting the San Mateo County Clerk-Recorder to Provide Specified Election Services
G. Adopt an Ordinance, Waiving Second Reading, Amending Section 8.44.180 of the Brisbane Municipal Code Requiring That Tobacco Retailers Be Inspected At Least Twice 2 June 20, 2024 - 3 - 7:30 PM
Every 12 Months to Ensure They Are Complying with the Tobacco Retailer Permit Ordinance
Council will Take a Brief Break for Dessert Reception

NEW BUSINESS
H. Best Practices Ad Hoc Subcommittee Update

OLD BUSINESS
I. Election Issues Update

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

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

ADJOURNMENT
3 File Attachments for Item:

C. Approve Minutes of City Council Meeting of June 6, 2024 4 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING AGENDA
THURSDAY, JUNE 6, 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 7:30 P.M. and led the Pledge of Allegiance.

ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
No Councilmembers made 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, Finance Director Yuen, City Engineer Breault, Deputy Public Works Director Kinser, Parks and Recreation Director Leek, Human Resources Director Partin, Community Development Director Swiecki, Senior Planner Johnson, Assistant to the City Manager Cheung, Economic Development Director Bull, Police Commander Garcia, Deputy Fire Chief Abelson and Administrative Management Analyst Ibarra

REPORT OUT OF CLOSED SESSION
Interim City Manager Holstine reported that Councilmembers rejected the Liability Claims D. Councilmembers were also provided an update on the Pending Litigation Item G and direction was provided to staff.

ADOPTION OF AGENDA
Mayor O’Connell made the request to move Public Hearing items Q and R at the beginning of the Public Hearing items and to adjourn the meeting in memory of Alex Reisman. Councilmember Davis made a motion, seconded by Councilmember Cunningham to adopt the agenda as amended. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell Noes: None
Abstain: None
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City Council Meeting Minutes
June 6, 2024

Absent: None

AWARDS AND PRESENTATIONS
B. Proclaiming June 2024 as Pride Month
Mayor O’Connell proclaimed the month of June 2024 as Pride Month in support of the LGBTQ community and in recognition of all LGBTQ residents whose influential and lasting contributions to our neighborhoods make the City of Brisbane a vibrant community in which to live, work and visit.

Planning Commissioner Sandip Patel accepted the proclamation on behalf of his partner Brandon Ahlstrom, a public health nurse and a resident of Brisbane for the past 12 years. He thanked the Council for the recognition.

C. Juneteenth Proclamation
Mayor O’Connell proclaimed that the City of Brisbane will observe Juneteenth on June 19, 2024. She acknowledged Juneteenth as a day for all Americans to commit to our collective prosperity and humanity.

Quita Highsmith accepted the Juneteenth Proclamation. Ms. Highsmith, resident of Brisbane for the past 14 years and Vice President and Chief Diversity Officer at Genentech. She thanked the Mayor and Council for the proclamation and acknowledgement.

ORAL COMMUNICATIONS NO. 1
Jonathan Scharfman, thanked City Manager Holstine for his service to the City and wished him well on his retirement.

A member of the public, spoke about the Brisbane Acres.

CONSENT CALENDAR
D. Approve Minutes of City Council Meeting of May 2, 2024 E. Approve Minutes of City Council Closed Session Meeting of May 16, 2024 F. Approve Minutes of City Council Meeting of May 16, 2024 G. Approve Minutes of Special City Council Meeting of May 30, 2024 H. Accept Investment Report as of April 2024
I. Introduce an Ordinance Amending Section 8.44.180 of the Brisbane Municipal Code Requiring That Tobacco Retailers Be Inspected At Least Twice Every 12 Months to Ensure They Are Complying with the Tobacco Retailer Permit Ordinance
J. Award the Construction Contract for the 2023 Slurry Seal to Graham Contractors, Inc. in the Amount of $249,500, and Authorize the Mayor to Sign the Agreement for the City 6 C.

City Council Meeting Minutes
June 6, 2024

K. Adopt a Resolution Establishing the 2024 Business License Tax for Liquid Storage Facilities as to Kinder Morgan/SFPP
L. Sierra Point Landscaping and Lighting District for the Fiscal Year 2024-2025 i. Adopt a Resolution, “Appointing Attorney for the Sierra Point Landscaping and Lighting District for the Fiscal Year 2024-2025.”
ii. Adopt a Resolution, “Appointing Engineer for the Sierra Point Landscaping and Lighting District for the Fiscal Year 2024-2025.”
iii. Adopt a Resolution, “A Resolution of Preliminary Approval of Engineer's Report - Fiscal Year 2024-2025 - Sierra Point Landscaping and Lighting District” iv. Adopt a Resolution, “A Resolution of Intention to order the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972 - Fiscal Year 2024-2025 - Sierra Point Landscaping and Lighting District” M. Adoption of Resolution establishing the Appropriation Limit for Fiscal Year 2024-2025
Councilmember Cunningham made a motion, seconded by Councilmember Davis to approve Consent Calendar Items DM. The motion was carried unanimously by all present.

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

Absent: None

PUBLIC HEARING
Q. Consider Introduction of an Ordinance Approving a Zoning Text and Map Amendment 2024-RZ-1, Overlay to R-1 Residential District and the R-BA Brisbane Acres Residential District in Entirety (It is being recommended to introduce an ordinance approving a zoning text and map amendment 2024-RZ-1 amending regulations within Title 16 and 17 of the Brisbane Municipal Code to add the RTUO residential two unit overlay district as new chapter 17.05 and related amendments; and finding that this project is exempt from environmental review under CEQA Guidelines Sections 15061(b)(1) & (3), Section 15183)
Community Development Director Swiecki reported that the purpose of this item is to amend the zoning ordinance to establish regulations for urban lot splits and two-unit developments consistent with the requirements of Senate Bill SB 9.

It is being recommended to introduce the ordinance amending the zoning text and zoning map to establish the R-TUO Residential Two Unit Overlay district and related code amendment.

After council questions, Mayor O’Connell opened the public hearing.

Paul Bouscal, a member of the public and Erin Becker made a comment about the Zoning Text and Map amendment. 7 C.

City Council Meeting Minutes
June 6, 2024

After some Council discussion about public hearing and community outreach strategies, Councilmember Davis made a motion, seconded by Councilmember Mackin to continue the public hearing on July 18, 2024. The motion was carried unanimously by all present.

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

Absent: None
R. Consider Introduction of an Ordinance Approving a Zoning Text Amendment 2024-RZ-2, City-wide (It is being recommended to introduce an ordinance approving 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; and finding that this project is exempt from environmental review under CEQA Guidelines Sections 15061(b)(3), Section 15183) Senior Planner Johnson reported that the purpose of this item is to amend the zoning text provisions in a number of Chapters in the Brisbane Municipal Code, consistent with the revised 2023-2031 Housing Element goals, policies and programs. It is being recommended to introduce the ordinance amending the zoning text After council questions, Mayor O’Connell opened the public hearing and no member of the public wished to speak.

Councilmember Cunningham made a motion, seconded by Councilmember Davis to continue the public hearing on July 18, 2024. The motion was carried unanimously by all present.

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

Absent: None
Council discussion.

After Public Hearing Item R, Council took a brief break.

N. Consider Adoption of Resolutions to Approve the Budget for Fiscal Year 2024/25

1. Adopt Resolution adopting the annual budget for Fiscal Year 2024-2025 and making appropriations for the amounts budgeted for the City, the Successor Agency and Housing Authority
Finance Director Yuen reported that on May 30, 2024, Staff presented an overview of the budget to the City Council.

Staff also initiated reviews of departmental budgets including highlights from previous year, variances from previous year and budgeted requests. Council requested staff come back on June 6, 2024, with proposed items that were identified to either be placed on hold or pushed to the FY26 budget to minimize budgeted deficit. She also reported that the General Fund budget for Fiscal Year 2024/25 is balanced within available resources and the anticipated Net Use of Fund Balance is $2,699,000.

After council questions, Mayor O’Connell opened the public hearing. No member of the public wished to speak.

Councilmember Lentz made a motion, seconded by Councilmember Cunningham to close the public hearing. The motion was carried unanimously by all present.
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City Council Meeting Minutes
June 6, 2024

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

Absent: None
After some Council discussion, Councilmember Lentz made a motion, seconded by Councilmember Cunningham, to adopt a resolution adopting the annual budget for Fiscal Year 2024-2025 and making appropriations for the amounts budgeted for the City, the Successor Agency and
Housing Authority. The motion was carried unanimously by all present.

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

Absent: None

2. Adopt Guadalupe Valley Municipal Improvement District Resolution adopting the annual budget for Fiscal Year 2024-2025 and making appropriations for the amounts budgeted
After no public comments were received, Board member Lentz made a motion, seconded by Board member Cunningham to close the public hearing. The motion was carried unanimously by all present.

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

Absent: None
Board member Mackin made a motion, seconded by Board member Lentz, to Adopt Guadalupe Valley Municipal Improvement District Resolution adopting the annual budget for Fiscal Year 2024-2025 and making appropriations for the amounts budgeted. The motion was carried unanimously by all present.

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

Absent: None
O. Consider Adoption of Resolution Adopting a Master Fee Schedule Finance Director Yuen reported that the purpose of this item is to ensure the users of services as outlined in the City’s Cost Recovery Policy pay for the services provided by the City. It is being recommended by staff to adopt a Master Fee Schedule Resolution, which generally increases fees by 2.5%. Finance Director Yuen also commented that there were also amendments to the Planning Department Fees.

After council questions, Mayor O’Connell opened the public hearing.

Parks and Recreation Commissioner, Leesa Greenlee thanked the council for their support of kids and senior programming.

Mayor O’Connell made a motion, seconded by Councilmember Davis, to close the public hearing. The motion was carried unanimously by all present.
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City Council Meeting Minutes
June 6, 2024

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

Absent: None
Councilmember Cunningham made a motion, seconded by Councilmember Davis, to adopt a resolution adopting a master fee schedule. The motion was carried unanimously by all present.

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

Absent: None
P. Consider Adoption of Resolution Imposing a National Pollutant Discharge Elimination System (NPDES) Compliance Fees on Commercial Property Owners Within an Identified Study Area City Engineer Breault reported the purpose of this item is to hold the public hearing required before considering approval of a resolution imposing new fees on commercial property owners to pay for costs associated with the city’s compliance with National Pollutant Discharge Elimination System (NPDES). He added that the City received 15 written protests out of over 200 parcels.

After council questions, Mayor O’Connell opened the public hearing.

Nick Fafoutis of Prologis, Julia Johnson, and John Lee made a comment about the NPDES Compliance Fees. Paul Bouscal made a comment about impact on habitat.

After Council discussion, Councilmember made a motion, seconded by Councilmember to close the public hearing. The motion was carried unanimously by all present.

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

Absent: None
After some Council discussion, Councilmember Mackin made a motion, seconded by Councilmember Lentz, to adopt a resolution imposing a National Pollutant Discharge Elimination System (NPDES) Compliance Fees on commercial property owners within an identified study area. The motion was carried unanimously by all present.

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

Absent: None

OLD BUSINESS
S. Consider Adopting a Resolution to Amend the Master Pay Schedule Human Resources Director Partin reported that the purpose of this item is to ensure the City maintains competitive pay rates to retain qualified, stable and dedicated workforce for the community. She added that there are updates to the 10 C.

City Council Meeting Minutes
June 6, 2024

master pay schedule which included the following:
• 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.

After no Council questions, no public comment and Council discussion, Councilmember Mackin made a motion, seconded by Councilmember Lentz, to adopt a resolution amending the Master Pay Schedule. The motion was carried unanimously by all present.

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

Absent: None
T. Consider Adoption of a Resolution to Initiate a Test Residential Parking Permit Program on Thomas Ave Based Upon Results of Outreach to Residents
Deputy Public Works Director Kinser reported that the purpose of the item is to initiate a test residential parking permit program (RPPP) on Thomas Avenue lasting six months, and to later receive feedback from staff on the effectiveness of the program. She added that in April, Council approved the municipal code revision to reduce the number of households needed to initiate a program on their street to a simple majority, versus the prior 70%.

After some Council questions and no public comment, Councilmember Mackin made a motion, seconded by Councilmember Cunningham, to adopt a resolution to initiate a test Residential Parking Permit Program on Thomas Avenue based upon results of outreach to residents. The motion was carried unanimously by all present.

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

Absent: None

STAFF REPORTS
U. City Manager’s Report on Upcoming Activities
Interim City Manager Holstine on the latest City news.
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City Council Meeting Minutes
June 6, 2024

MAYOR/COUNCIL MATTERS
V. Update on Committee Recruitment
City Clerk Padilla reported that there were 2 applications received for the Complete Streets Safety Committee vacancy in addition to the 1 application received for the Open Space Ecology Committee vacancy, 4 applications for the Inclusion, Diversity, Equity and Accountability Committee vacancies, and 2 applications for San Mateo County Mosquito & Vector Control District Trustee vacancy received in May.

City Clerk Padilla was directed by Council to schedule a special meeting for interviews in July.

W. Countywide Assignments and Subcommittee Reports
Councilmembers reported on their countywide assignments and subcommittee reports.

X. Written Communications
Councilmembers received the following communication from May 6-June 6, 2024:

Cansino (05-06-2024) Pride proclamation
Sangamo (05-28-2024) CA Warn Act Notice to Brisbane City Council 2023-11-01 Sangamo (05-28-2024) Amended CA Warn Act Notice to Brisbane City Council (Brisbane location) 2024-05-24 Bianchi (06-04-2024) NPDES Fee
Dillworth (06-05-2024) Remove from Agenda
Yuen (06-05-2024) Memo FY 25 Budget Dept Expenses
Lassus (06-04-2024) Vote No on ACA-1
Kirsch (06-06-2024) Catalysts Fact Sheet
Dillworth (06-06-2024) Dillworth Rezoning for Housing Items Q & R Kirsch (06-05-2024) Remove 2 Ordinances from 06-06-2024 Meeting Agenda ORAL COMMUNICATIONS NO. 2
No members of the public wished to speak.

ADJOURNMENT
Mayor O’Connell adjourned the meeting at10:31 P.M. in memory of Alex Reisman.

_______________________
Ingrid Padilla
City Clerk
12 C.

File Attachments for Item:

D. Approve Minutes of City Council Closed Session Meeting of June 6, 2024 13 BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, June 6, 2024
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,

BRISBANE, CA

1. 6:30 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. Liability Claim: Claimant St. Cin, pursuant to Government Code, section 54956.95 E. 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)
Mayor O’Connell called the meeting to order at 6:35 P.M. Councilmember Mackin made a motion, seconded by Councilmember Cunningham, 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
There was no public comment. Mayor O’Connell adjourned the meeting into Closed Session.

REPORT OUT OF CLOSED SESSION
Interim City Manager Holstine reported that Councilmembers rejected the Liability Claims D.

Councilmembers were also provided an update on the Pending Litigation Item G and direction was provided to staff.

ADJOURNMENT
The meeting was adjourned at 7:20 P.M.
______________________
Ingrid Padilla, City Clerk 14
D.

File Attachments for Item:

E. Approve a Resolution Authorizing the Office of the Controller of the County of San Mateo to Place National Pollutant Discharge Elimination System Compliance Fees on Commercial Properties Within an Identified Study Area on the Property Tax Rolls 15 CITY COUNCIL AGENDA REPORT
Authorize County Controller to Collect Fees Page 1 of 1 Meeting Date: June 20, 2024
From: Director of Public Works/City Engineer
Subject: Authorize County Controller to Collect Fees
This Ordinance is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (2)).

Community Goal/Result: Ecological Sustainability, Fiscally Prudent, Recommendation
Approve a resolution, “Authorizing the Office of the Controller of the County of San Mateo to Place National Pollutant Discharge Elimination System Compliance Fees on Commercial Properties Within an Identified Study Area on the Property Tax Rolls”.

Background
Council approved Resolution No. 2024-18 at the regularly scheduled June 6, 2024 meeting. The staff report for that subject is attached.

Discussion
Resolution No. 2024-18 specifically anticipated that the ultimately adopted fees would be collected on the property tax rolls. The resolution recommended here satisfies the Controller’s Office requirements for collecting fees on the tax rolls.

Fiscal Impact: Same as 6/6/24 staff report.

Measure of Success: Same as 6/6/24 staff report.

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. June 6, 2024 staff report, “Public Hearing for Proposed Fee For Costs Associated with the National Pollutant Discharge Elimination System (NPDES).” ___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 1 of 14
16 E.

RESOLUTION NO. 2024-__
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RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

AUTHORIZING THE OFFICE OF THE CONTROLLER OF THE COUNTY OF SAN

MATEO TO PLACE NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM COMPLIANCE FEES ON COMMERCIAL PROPERTY OWNERS WITHIN

AN IDENTIFIED STUDY AREA ON THE PROPERTY TAX ROLL
WHEREAS, the City of Brisbane is required to comply with all the conditions imposed under the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit issued by the San Francisco Bay Region Water Quality Control Board (“Water Control Board”); and
WHEREAS, the legal authority for the Water Control Board to issue a waste discharge permit under the NPDES is the majority of cities and counties in the Bay Area discharge stormwater into the San Francisco Bay; and
WHEREAS, The Water Control Board has determined that stormwater discharges from urban areas are significant sources of pollutants that cause or may be causing water quality impairment in the Bay; and
WHEREAS, the primary contribution to stormwater is the result of impervious materials (e.g., buildings, roads, parking lots) that prevent rain from percolating into the soil; and
WHEREAS, The City’s two most significant contributors to the square footage of impervious materials are one, the public roads, sidewalks, and public buildings, and two, the comparable contributors within the commercial areas of Crocker Industrial Park, Sierra Point, and a few smaller zoned commercial districts; and WHEREAS, to prevent this degradation of water quality in the Bay, the Water Control Board issued an updated Municipal Regional Permit effective July 21, 2022; the permit includes 22 provisions that the City must comply with or potentially face fines of up to $10,000 per day; and
WHEREAS, these provisions include detailed oversight of all development to ensure stormwater controls are implemented; regular inspections of industrial and commercial properties; implementation of an illicit discharge detection and elimination program; and trash load reduction; and
WHEREAS, the latter provision is one of the most expensive, as it requires placement of trash capture devices in nearly all of the City’s storm drain inlets, and also includes at least annual cleaning and inspection of these storm drain inlets; and WHEREAS, in order to comply with the conditions of the permit, the City necessarily incurs significant costs, including the cost (a) to inspect properties to ensure that the owners are demonstrating compliance with capturing trash, (b) to inspect for 2 of 14
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RESOLUTION NO. 2024-__
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illegal storm water discharges and connections, (c) to monitor and protect the receiving storm water runoff (the Lagoon and the Bay), (d) for street sweeping, (e) to inspect and clean catch basins and (f) to pay additional fees imposed by the City/County Association of Governments of San Mateo County to comply with Water Control Board requirements; and WHEREAS, The City’s cost in FY 23-24 to meet all these provisions is $582,377 and even with the input of $52,000 collected from all Brisbane parcels for the local stormwater program, franchise fees from solid waste haulers, and funding sources such as San Mateo County Measure M, the City’s General Fund backfilled the NPDES program budget with $408,377; and
WHEREAS, staff identified a “commercial study area” where the parcels in said area with impervious materials (e.g., building roofs, parking lots, etc.) would be subject to the proposed fee; each parcel owner within the study area was sent correspondence dated March 25, 2024 requesting input on the proposed fee, and was later sent correspondence dated April 18, 2024 advising that the city had scheduled a public hearing on June 6, 2024 to consider protests to imposing the fees; and
WHEREAS, because commercial property owners benefit directly and significantly from the City’s NPDES program, it is fair to allocate a certain percentage of the cost of the fees for this program to such owners; and
WHEREAS, in an effort to allocate the costs in a fair way, the City has mapped all of the impermeable areas under its control and those under the control of commercial property owners; and
WHEREAS, The summary of that mapping is as follows:

Private Building Footprint: 5,238,051 Sq Ft
Private Impervious (parking areas, etc.): 8,331,096 Sq Ft Subtotal: 13,569,147 Sq Ft
Public Impervious (building and parking areas): 895,744 Sq Ft Public Sidewalks and Roads: 5,768,354 Sq Ft
Subtotal: 6,664,098 Sq Ft
TOTAL: 20,223,245 Sq Ft
WHEREAS, private impervious commercial areas are approximately 2/3 of the impervious areas contributing to stormwater runoff when compared to public impervious areas.

WHEREAS, for the reasons expressed above, the City Council has determined that the increases in cost of complying with the NPDES Permit have made it necessary to impose new fees on commercial property owners within an identified study area; and
3 of 14
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RESOLUTION NO. 2024-__
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WHEREAS, a proposed schedule of fees and the identified study area were presented to the City Council; and
WHEREAS, as required by law, notice of the proposed new fees was given to the persons who are responsible for payment of such charges, as shown on the records of the City, which included notice of a public hearing to be conducted by the City Council at which time any protests to the proposed new fees would be considered, such notice having been given at least 45 days prior to the hearing; and
WHEREAS, on June 6, 2024, the City Council conducted a public hearing on the proposed new fees to be collected on the associated parcel’s tax roll, at which time any person was given an opportunity to protest the same; and WHEREAS, protests were not made by a majority of the persons who would be responsible for the new fees; and
WHEREAS, on June 6, 2024,the City Council approved Resolution No. 2024- 18 imposing a schedule of fees for National Pollutant Discharge Elimination System compliance on commercial property owners within an identified study area.

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

1. The Office of the Controller of the County of San Mateo is authorized to place the fees for National Pollutant Discharge Elimination System compliance on commercial property owners within an identified study area on the property tax roll.

2. The lowest charge amount for this fee shall be $.02 per square foot of impervious area and the highest charge amount shall be $.04 per square foot of impervious area.

3. The new fees shall be effective as of July 1, 2024 and shall remain in place until such time as they are revised or rescinded by the City Council. ________________________________
Terry O’Connell, Mayor
* * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Brisbane held on the twentieth day of June, 2024, by the following vote:
4 of 14
19 E.

RESOLUTION NO. 2024-__
-4-
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
________________________________
Ingrid Padilla, City Clerk
5 of 14
20 E.

CITY COUNCIL AGENDA REPORT
Public Hearing RE NPDES fees Page 1 of 3
Meeting Date: June 6, 2024
From: Director of Public Works/City Engineer
Subject: Public Hearing for Proposed Fee for Costs Associated with the National Pollutant Discharge Elimination System (NPDES) This action is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (2)).

Community Goal/Result: Ecological Sustainability, Fiscally Prudent Purpose
To hold the public hearing required before considering approval of a resolution imposing new fees on commercial property owners to pay for costs associated with the city’s compliance with NPDES.

Recommendation

1. Open the Public Hearing, receive comments from interested parties, and consider protests to imposing the fees.

2. In the absence of a majority protest, approve a resolution, “Imposing National Pollutant Discharge Elimination System Compliance Fees on Commercial Property Owners Within An Identified Study Area.“
Background
The City of Brisbane is required to comply with all the conditions imposed under the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit issued by the San Francisco Bay Region Water Quality Control Board (“Water Control Board”). The legal authority for the Water Control Board to issue a waste discharge permit under the NPDES is the majority of cities and counties in the Bay Area discharge stormwater into the San Francisco Bay. (The City and County of San Francisco is unique in this regard; in that it discharges stormwater and sewer into the same collection system where both are ultimately treated before discharge).

The Water Control Board has determined that stormwater discharges from urban areas are significant sources of pollutants that cause or may be causing water quality impairment in the Bay. The primary contribution to stormwater is the result of impervious materials (e.g., buildings, roads, parking lots) that prevent rain from percolating into the soil. The City’s two most significant contributors to the square footage of impervious materials are one, the public roads, sidewalks, and public buildings, and two, the comparable contributors within the commercial areas of Crocker Industrial Park, Sierra Point, and a few smaller zoned commercial districts.

To prevent this degradation of water quality in the Bay, the Water Control Board issued an 1 of 9 6 of 14
21 E.

Public Hearing RE NPDES fees Page 2 of 3
updated Municipal Regional Permit effective July 21, 2022. The permit includes 22 provisions that the City must comply with or potentially face fines of up to $10,000 per day. These provisions include detailed oversight of all development to ensure stormwater controls are implemented; regular inspections of industrial and commercial properties; implementation of an illicit discharge detection and elimination program; and trash load reduction.

The latter provision is one of the most expensive, as it requires placement of trash capture devices in nearly all of the City’s storm drain inlets, and also includes at least annual cleaning and inspection of these storm drain inlets.

In order to comply with the conditions of the permit, the City necessarily incurs significant costs, including the cost (a) to inspect properties to ensure that the owners are demonstrating compliance with capturing trash, (b) to inspect for illegal storm water discharges and connections, (c) to monitor and protect the receiving storm water runoff (the Lagoon and the Bay), (d) for street sweeping, (e) to inspect and clean catch basins and (f) to pay additional fees imposed by the City/County Association of Governments of San Mateo County to comply with Water Control Board requirements.

The City’s cost in FY 23-24 to meet all these provisions is $582,377. Even with the input of $52,000 collected from all Brisbane parcels for the local stormwater program, franchise fees from solid waste haulers, and funding sources such as San Mateo County Measure M, the City’s General Fund backfilled the NPDES program budget with $408,377.

Discussion
Staff Identified a “commercial study area” where the parcels in said area with impervious materials (e.g., building roofs, parking lots, etc.) would be subject to the proposed fee. Each parcel owner within the study area was sent correspondence dated March 25, 2024 requesting input on the proposed fee, and was later sent correspondence dated April 18, 2024 advising that the city had scheduled a public hearing on June 6, 2024 to consider protests to imposing the fees. As of the writing of this staff report, the city has received very little communication from the impacted parcel owners.

The referenced “commercial study area” is attached to the proposed resolution.

Fiscal Impact
Because commercial property owners benefit directly and significantly from the City’s NPDES program, it is fair to allocate a certain percentage of the cost of the fees for this program to such owners. In an effort to allocate the costs in a fair way, the City has mapped all of the impermeable areas under its control and those under the control of commercial property owners. The summary of that mapping is as follows:
2 of 9 7 of 14
22 E.

Public Hearing RE NPDES fees Page 3 of 3
Private Building Footprint: 5,238,051 Sq Ft
Private Impervious (parking areas, etc.): 8,331,096 Sq Ft Subtotal: 13,569,147 Sq Ft
Public Impervious (building and parking areas): 895,744 Sq Ft Public Sidewalks and Roads: 5,768,354 Sq Ft
Subtotal: 6,664,098 Sq Ft
TOTAL: 20,223,245 Sq Ft
Private impervious commercial areas are approximately 2/3 of the impervious areas contributing to stormwater runoff when compared to public impervious areas.

To allocate the costs equitably and using by way of example this fiscal year’s backfill amount of $408,377, that amount, when divided by 20,233,245, results in a square foot allocation of $.02 per square foot of impervious area.

As the City is already backfilling the NPDES budget from the General Fund, the pending proposal is to charge an annual fee to commercial property owners based on square footage of impervious area. In this year, for example, the fee would have been $.02 per square foot of impervious surface.

Measure of Success
An equitably funded NPDES division budget that allows the city to remain in compliance with the Municipal Regional Permit and that supports the important work of preventing pollutants from discharging into the San Francisco Bay.

Environmental Review
Adoption of this resolution 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. Resolution Imposing National Pollutant Discharge Elimination System Compliance Fees on Commercial Property Owners Within An Identified Study Area ___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 3 of 9 8 of 14
23 E.

RESOLUTION NO. 2024-__
-1-
RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

IMPOSING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

COMPLIANCE FEES ON COMMERCIAL PROPERTY OWNERS WITHIN

AN IDENTIFIED STUDY AREA
WHEREAS, the City of Brisbane is required to comply with all the conditions imposed under the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit issued by the San Francisco Bay Region Water Quality Control Board (“Water Control Board”); and
WHEREAS, the legal authority for the Water Control Board to issue a waste discharge permit under the NPDES is the majority of cities and counties in the Bay Area discharge stormwater into the San Francisco Bay; and
WHEREAS, The Water Control Board has determined that stormwater discharges from urban areas are significant sources of pollutants that cause or may be causing water quality impairment in the Bay; and
WHEREAS, the primary contribution to stormwater is the result of impervious materials (e.g., buildings, roads, parking lots) that prevent rain from percolating into the soil; and
WHEREAS, The City’s two most significant contributors to the square footage of impervious materials are one, the public roads, sidewalks, and public buildings, and two, the comparable contributors within the commercial areas of Crocker Industrial Park, Sierra Point, and a few smaller zoned commercial districts; and WHEREAS, to prevent this degradation of water quality in the Bay, the Water Control Board issued an updated Municipal Regional Permit effective July 21, 2022; the permit includes 22 provisions that the City must comply with or potentially face fines of up to $10,000 per day; and
WHEREAS, these provisions include detailed oversight of all development to ensure stormwater controls are implemented; regular inspections of industrial and commercial properties; implementation of an illicit discharge detection and elimination program; and trash load reduction; and
WHEREAS, the latter provision is one of the most expensive, as it requires placement of trash capture devices in nearly all of the City’s storm drain inlets, and also includes at least annual cleaning and inspection of these storm drain inlets; and WHEREAS, in order to comply with the conditions of the permit, the City necessarily incurs significant costs, including the cost (a) to inspect properties to ensure that the owners are demonstrating compliance with capturing trash, (b) to inspect for illegal storm water discharges and connections, (c) to monitor and protect the receiving 4 of 9 9 of 14
24 E.

RESOLUTION NO. 2024-__
-2-
storm water runoff (the Lagoon and the Bay), (d) for street sweeping, (e) to inspect and clean catch basins and (f) to pay additional fees imposed by the City/County Association of Governments of San Mateo County to comply with Water Control Board requirements; and WHEREAS, The City’s cost in FY 23-24 to meet all these provisions is $582,377 and even with the input of $52,000 collected from all Brisbane parcels for the local stormwater program, franchise fees from solid waste haulers, and funding sources such as San Mateo County Measure M, the City’s General Fund backfilled the NPDES program budget with $408,377; and
WHEREAS, staff identified a “commercial study area” where the parcels in said area with impervious materials (e.g., building roofs, parking lots, etc.) would be subject to the proposed fee; each parcel owner within the study area was sent correspondence dated March 25, 2024 requesting input on the proposed fee, and was later sent correspondence dated April 18, 2024 advising that the city had scheduled a public hearing on June 6, 2024 to consider protests to imposing the fees; and
WHEREAS, because commercial property owners benefit directly and significantly from the City’s NPDES program, it is fair to allocate a certain percentage of the cost of the fees for this program to such owners; and
WHEREAS, in an effort to allocate the costs in a fair way, the City has mapped all of the impermeable areas under its control and those under the control of commercial property owners; and
WHEREAS, The summary of that mapping is as follows:

Private Building Footprint: 5,238,051 Sq Ft
Private Impervious (parking areas, etc.): 8,331,096 Sq Ft Subtotal: 13,569,147 Sq Ft
Public Impervious (building and parking areas): 895,744 Sq Ft Public Sidewalks and Roads: 5,768,354 Sq Ft
Subtotal: 6,664,098 Sq Ft
TOTAL: 20,223,245 Sq Ft
WHEREAS, private impervious commercial areas are approximately 2/3 of the impervious areas contributing to stormwater runoff when compared to public impervious areas.

WHEREAS, for the reasons expressed above, the City Council has determined that the increases in cost of complying with the NPDES Permit have made it necessary to impose new fees on commercial property owners within an identified study area; and 5 of 9 10 of 14
25 E.

RESOLUTION NO. 2024-__
-3-
WHEREAS, a proposed schedule of fees and the identified study area were presented to the City Council, a copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, as required by law, notice of the proposed new fees was given to the persons who are responsible for payment of such charges, as shown on the records of the City, which included notice of a public hearing to be conducted by the City Council at which time any protests to the proposed new fees would be considered, such notice having been given at least 45 days prior to the hearing; and
WHEREAS, on June 6, 2024, the City Council conducted a public hearing on the proposed new fees to be collected on the associated parcel’s tax roll, at which time any person was given an opportunity to protest the same; and WHEREAS, protests were not made by a majority of the persons who would be responsible for the new fees.

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

1. The schedule of fees for National Pollutant Discharge Elimination System compliance on commercial property owners within an identified study area attached hereto is approved (Attachment A).

2. The new fees shall be effective as of July 1, 2024 and shall be collected by the San Mateo County Tax Collector.
________________________________
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:
6 of 9 11 of 14
26 E.

RESOLUTION NO. 2024-__
-4-
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
________________________________
Ingrid Padilla, City Clerk
7 of 9 12 of 14
27 E.

Attachment A 1/2
ATTACHMENT A to Resolution No. 2024-__
Schedule of Fees for National Pollutant Discharge Elimination System Compliance on Commercial Businesses Within an Identified Study Area
Fees shall be calculated using the following methodology:

1. No later than May 31st of each calendar year, city staff shall confirm the total square footage of the public impervious areas (i.e., buildings footprints, parking areas, sidewalks and roads).

2. No later than May 31st of each calendar year, city staff shall review the private parcels identified on the attached “Impervious Surface Map with Commercial Study Areas” and calculate the total square footage of impervious areas (i.e., buildings footprints, parking areas, etc.) associated with each parcel.

3. No later than May 31st of each calendar year, city staff shall prepare a total budget for the NPDES division within the Public Works Department. From that budget, staff shall subtract all external funding sources other than fees to be calculated pursuant to this resolution.

4. City staff shall divide the dollar amount calculated in paragraph 3 above by the sum of all square footage calculated in paragraphs 1 and 2 above. The result of this final calculation shall be the per square foot fee charged to each commercial business parcel within the identified study area.

By example:

1. In 2024, the total of public impervious area is 6,664,098 square feet.

2. In 2024, the total of private commercial impervious area within the study area is 13,569,147 square feet.

3. The FY23-24 NPDES division budget, minus external funding sources, is $408,377.

4. $408,377 ÷ (6,664,098 + 13,569,147) = $.02/ square foot. 8 of 9 13 of 14
28 E.
5 9 of 9
Attachment A 2/2
14 of 14
29 E.

File Attachments for Item:

F. Adopt Resolution Calling a General Municipal Election to Be Held on Tuesday, November 5, 2024 and Adopting Procedures Pertaining to the Conduct and Administration Of Such Election Including Requesting the San Mateo County Clerk-Recorder to Provide Specified Election Services
30 CITY COUNCIL AGENDA REPORT
Meeting Date: June 20, 2024
From: Ingrid Padilla, City Clerk
Subject: November 5, 2024 General Municipal Election

COMMUNTIY GOAL
Community Building

RECOMMENDATION
Adopt the attached Resolution calling a General Municipal Election to be held on Tuesday, November 5, 2024, adopting procedures pertaining to the conduct and administration of such election including requesting the San Mateo County Clerk-Recorder to provide specified elections services, and authorizing the City Manager to enter into a Service Agreement with San Mateo County Officials for election related services.

BACKGROUND
The San Mateo County Elections Division will hold a General Election on November 5, 2024. This election will be an All Mailed Ballot/Vote Center Election under the California Voter’s Choice Act. Every registered voter in Brisbane will receive through the mail a Vote by Mail ballot which may be returned by mail (postage prepaid) or dropped off at any Vote Center or Ballot Drop-off Box located throughout the County.

Vote Centers replace traditional polling places and are open for voting during a 29-day period prior to Election Day and on Election Day. Vote Centers provide expanded voter services such as voter registration, multilingual assistance, and disabled access voting options. Brisbane City Hall is scheduled to be a San Mateo County Voter Center and will be open three days prior to Election Day and on Election Day, i.e., November 2, 3,4, and 5, 2024.

DISCUSSION
The attached resolution calls for an election to fill three City Council member terms currently held by Council members Cunningham, Lentz and Mackin, for a term of four years each. Citizens (including current members of the City Council) who are interested in running for City Council may pick up a nomination packet from the City Clerk between July15 and August 9, 2024. If an incumbent chooses not to or fails to file the nomination paper during the filing period, the filing period will be extended to August 14, 2024.

Nomination papers must include 20 to 30 signatures of Brisbane registered voters. There will also be some paperwork to file regarding campaign disclosures and disclosures of economic interests. Although there is no filing fee, there will be a cost to print a candidate’s statement in the voter pamphlet which is estimated to be $300, to be paid after the election. (Candidate’s statement are optional.) 31 F.

San Mateo County has also requested the City enter into a the attached Services Agreement for election related services. It sets forth with some specificity what services related to the November 2024 election the City will perform and what services the County election officials will perform. It also provides the City will reimburse the County for election related services the County provides. Based on past general municipal election costs, the City has budgeted $30,000 for this election.

FISCAL IMPACT
The cost to conduct the election is determined by the number of registered voters at the time of the election. The election cost is currently budgeted at $30,000 which will be included in the City Clerk’s 2024/2025 budget.
_____________________________ ______________________________ Ingrid Padilla, City Clerk Clay Holstine, City Manager
Attachment: 1. Resolution 2024-XX

2. Service Agreement for Election Services
32 F.

ATTACHMENT 1
DRAFT
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 IN CONJUNCTION WITH A

UNIFORM DISTRICT ELECTION AND ADOPTING PROCEDURES PERTAINING TO THE CONDUCT

AND ADMINISTRATION OF SUCH ELECTION INCLUDING REQUESTING THE SAN MATEO

COUNTY CLERK-RECORDER TO PROVIDE SPECIFIED ELECTION SERVICES WHEREAS, pursuant to the requirements of the laws of the State of California relating to General Law Cities within said State, a regular general municipal election shall be held in Brisbane on the 5th day of November 2024 for the purpose of electing three members of the City Council of Brisbane; and
WHEREAS, the November 5, 2024 election will be conducted as a General Election, i.e., an All-Mailed Ballot/Vote Center Election under the California Voter’s Choice Act (Senate Bill 450) by which every registered voter will be receiving a Vote by Mail Ballot through the mail and which ballot may be returned by mail or dropped off at any Vote Center or Ballot Drop-off Box located throughout the county during the 29-day period prior to the Election Day and on Election Day; and
WHEREAS, the City Council adopted Ordinance 620 on June 1, 2017, and the San Mateo County Board of Supervisors approved the changes to comply with state legislation—the California Voter Participation Rights Act (Senate Bill 415)—that requires generally City Council elections be held in conjunction with statewide elections in even numbered years to increase voter participation; and
WHEREAS, under Ordinance 620, the electors will elect three members of the City Council of Brisbane for a term of four years; and
WHEREAS, the Elections Code of the State of California authorizes the governing body of any local agency to adopt procedures pertaining to materials prepared by any candidate for a municipal election, including costs thereof; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Brisbane, San Mateo County, California, as follows:

1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities within said State, there shall be, and there is hereby called and ordered, held in Brisbane, County of San Mateo, State of California, on Tuesday, the 5th day of November 2024, a regular general municipal election of the qualified electors of Brisbane for the purpose of electing three members of the City Council of Brisbane for a term of four years, which election shall be conducted as a General District Election (an All-Mailed Ballot/Vote Center Election) under the California Voter’s Choice Act and as authority by San Mateo County. 33 F.

2. That, pursuant to the Elections Code of the State of California, each candidate for elective office to be voted for at the general municipal election to be held in Brisbane on November 5, 2024 may prepare a candidate's statement on an appropriate form provided by the City Clerk, such statement shall be limited to 400 words, each candidate filing a candidate's statement shall be billed for the services rendered a sum not greater than the actual prorated costs of printing, handling and translating, and such bill shall be due and payable immediately upon receipt thereof.

3. Said Election shall be held and conducted, the votes thereof canvassed, the returns thereof made, and the results thereof ascertained and determined as herein provided; and in all other particulars not prescribed by this resolution, the Election shall be held and conducted and the votes canvassed as provided in the Elections Code of the State of California.

4. The Board of Supervisors of the County of San Mateo is hereby requested to permit the Registrar of Voters of said County to render services relating to the conduct of said Election to be held within the City of Brisbane on Tuesday, November 5, 2024.

5. The All Mail and Vote Center coordination and officers of election shall be established, designated, and appointed as usual by the Registrar of Voters, San Mateo County, who shall also canvass the returns and prepare and mail a statement of the results thereof, all as provided by the appropriate provisions of the Elections Code of the State of California.

6. All qualified voters residing within the City of Brisbane, upon the date of the Election herein provided for, shall be qualified to vote at said Election and allowed to cast their ballot during the 29-day period prior to Election Day and on Election Day via mail, or at a Vote Center within the County.

7. The Registrar of Voters of San Mateo County shall be responsible for procuring the rosters and all other supplies necessary to properly and lawfully conduct the Election.

8. The Vote Center in Brisbane at City Hall shall be kept open from 9:00 a.m. -5:00 p.m. on November 2,3, and 4 and at 7:00 a.m. on Election Day- November 5, and shall be kept open until 8:00 p.m., except as to voters in line as provided in the Elections Code.

9. That this City Council shall, and does hereby, accept the usual and customary terms and conditions of the performance of said election services by said Registrar of Voters; and the City Council further agrees to make payments therefor as may be set forth in a billing to the City of Brisbane from the Registrar of Voters prescribing the amount due for costs incurred from the rendering of election services, all as provided by the provisions of the Elections Code of the State of California.

10. Notice of election shall be posted pursuant to Elections Code. ________________________
Terry O’Connell
Mayor
34 F.

I hereby certify that the foregoing Resolution No. 2024-XX was duly and regularly adopted at the regular meeting of the Brisbane City Council on June 20, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
___________________________
Ingrid Padilla
City Clerk
35 F.

ATTACHMENT 2

SERVICE AGREEMENT FOR THE PROVISION OF ELECTION SERVICES

BETWEEN THE CITY OF AND

SAN MATEO COUNTY CHIEF ELECTIONS OFFICER & ASSESSOR-COUNTY CLERK-RECORDER This Service Agreement for the Provision of Election Services (“Agreement”), entered into this _______ day of _______________, 2024, by and between the City of (the “Municipality”) and San Mateo County Chief Elections Officer & Assessor – County Clerk – Recorder (the “Chief Elections Officer”); WHEREAS, it is necessary and desirable that the Chief Elections Officer be retained for the purpose of conducting an election, described in more detail below, for the Municipality; and WHEREAS, the Chief Elections Officer has been asked by the Municipality to conduct an election on November 5, 2024 (the “Election”).

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

SERVICES TO BE PERFORMED BY THE MUNICIPALITY:
1) Within the time frame set by statute, the Municipality will request the Board of Supervisors, through the Chief Elections Officer, to conduct an election relating to the Municipality on November 5, 2024 and will request the services of the Chief Elections Officer in relation to the Election. 2) The Municipality will publish the Notice of Election and the Notice to File Declarations of Candidacy for the offices to be voted on and/or the Notice to File Arguments For or Against any measure. 3) The Municipality will submit to the Chief Elections Officer the offices to be voted on and the measure ballot questions by 88 days prior to the Election. The Municipality will submit to the Chief Elections Officer the names and ballot destinations of the candidates to appear upon the ballot by 81 days prior to the Election.
4) The Municipality will prepare and deliver to the Chief Elections Officer the ballot pamphlet information containing, as applicable, candidate designations and statements, ballot measure(s), tax rate statement(s), impartial analyses, arguments for or against measures and rebuttals thereto. 5) The Municipality will review and sign off on the official ballot wording for measures. 6) The Municipality will complete any other non-delegable tasks required by law in relation to the Election. 7) The Municipality shall maintain records/maps regarding the boundaries of the Municipality and will notify the Chief Elections Officer of any changes/additions to those boundaries by 125 days prior to the Election.

SERVICES TO BE PERFORMED BY CHIEF ELECTIONS OFFICER:
1) The Chief Elections Officer will select the sample and official ballot printer(s) and translators. 2) The Chief Elections Officer will prepare and deliver all election information to the printers and translators. 3) The Chief Elections Officer will determine the appropriate translation and transliteration of all pertinent documents.
4) The Chief Elections Officer will issue, receive and process vote by mail ballots. 5) The Chief Elections Officer will set up ADA compliant Vote Centers, publish any required notices and conduct the Election.
6) The Chief Elections Officer will provide services for any official recount or election contest, if applicable. 7) The Chief Elections Officer will conduct all aspects of the Canvass of Votes Cast. Pursuant to Section 10262 of the Elections Code, the Chief Elections Officer will submit a Certificate of Chief Elections Officer to the Municipality’s governing body certifying the results of the Election. 36 F.
8) The Chief Elections Officer will conduct other various and miscellaneous election-related activities directly required to conduct the Election itself. To the extent that the Municipality has obligations under law to perform various duties that relate to the Election beyond those directly involved with conducting the Election, those duties remain the responsibility of the Municipality. If the Municipality wishes to have any such duties performed by the Chief Elections Officer, the parties must mutually agree in advance in writing to have the Chief Elections Officer perform such duties. By way of example only, if the Municipality is required to send certain notices or adopt resolutions relating to the Election, those duties remain duties of the Municipality.

TERMS:

This Agreement shall be in effect for the performance of all services incident to the preparation and conduct of the Election to be held on November 5, 2024, including before and after said Election date.

In the event the Chief Elections Officer is unable to perform services required under this Agreement as a result of employer/employee relation conditions, vendor conditions, the unavailability of Federal, State, or County funds, COVID-19-related limitations, and/or other conditions beyond the control of the Chief Elections Officer, the Chief Elections Officer will be relieved of all obligations under this Agreement. The Chief Elections Officer may terminate this Agreement after giving 72 hours written notice, at which time the Chief Elections Officer will be relieved of all obligations under this Agreement.

This Agreement can be terminated by the Municipality upon 30 days written notice.

COST FOR SERVICES
In consideration of the performance of services and supplies provided by the Chief Elections Officer, including 1) any and all costs incurred during a recount or election contest that are not reimbursed by the voter requesting the recount or filing the contest as specified in the Elections Code and 2) any other costs associated with the Election, such as return postage costs and costs for ensuring voter accessibility, the Municipality shall pay to the Chief Elections Officer a sum equal to the full cost of the Election, including all such services, supplies, and other costs.

The Chief Elections Officer shall send an itemized invoice to the Municipality for all services provided pursuant to this Agreement after the Election is conducted and all related costs are determined. Payment on the full amount of the invoice shall be due and the Municipality shall submit payment to the County of San Mateo within forty-five (45) days of the date of the invoice (the “Due Date”). If the amount is not paid in full within this time, interest shall accrue monthly at a rate of 0.25% per month (equivalent to 3% annually) on the unpaid balance starting at the Due Date. Thereafter, invoices will be sent and shall be payable within thirty (30) days of the date of the invoice, with interest being added each month for any unpaid balance.

MUNICIPALITY
Signature: _____________________________________ Date:_____________ Print Name: _____________________________________
Title: _____________________________________
COUNTY
Signature: _____________________________________ Date: _____________ Print Name: _____________________________________
Title: _____________________________________
37 F.

File Attachments for Item:

G. Adopt an Ordinance, Waiving Second Reading, Amending Section 8.44.180 of the Brisbane Municipal Code Requiring That Tobacco Retailers Be Inspected At Least Twice Every 12 Months to Ensure They Are Complying with the Tobacco Retailer Permit Ordinance 38 Ordinance No. 665 Page 1 of 1

CITY COUNCIL MEMO
Meeting Date: June 20, 2024
From: Ingrid Padilla, City Clerk
Subject: Adopt Ordinance Amending Section 8.44.180 of the Brisbane Municipal Code Requiring That Tobacco Retailers Be Inspected At Least Twice Every 12 Months to Ensure They Are Complying with the Tobacco Retailer Permit Ordinance
The Ordinance listed above was introduced at the City Council Meeting of June 6, 2024. It is on this agenda for consideration of adoption.

Attachment: Staff Report from the City Council Meeting of June 6, 2024 39 G.

File Attachments for Item:

H. Best Practices Ad Hoc Subcommittee Update
40 Best Practices Page 1 of 1

CITY COUNCIL AGENDA REPORT
Meeting Date: June 20, 2024
From: Interim City Manager Holstine
Subject: Best Practices Update
Background
Earlier this year the City Council met in a workshop to discuss protocols and best practices for interaction with applicants that come before the City Council. The Council appointed a subcommittee to work with staff (Davis, Lentz). Over the past several months the subcommittee has met on three occasions.

The following guidelines are submitted to the City Council for consideration for adoption:
• Once a land use and/or zoning application has been submitted, Councilmembers will not meet independently or have communication regarding the details of their proposed project with an applicant and/or agent once an application has been received. o Council members will notify the City Manager and may request either their attendance or another staff person assigned by the City Manager to attend. The City Manager will inform the rest of the Council of the request.
• Prior to an application a council member may wish to meet with or accept an invitation to meet with a business or individual who wishes to seek a permit that may ultimately come before the Council as a Whole.
• Once an application has been submitted to the city, the Council may wish to use its subcommittee process, which is subject to the Brown Act, to meet and discuss aspects of a project or proposal.
• All negotiations with applicants and/or agents are to be done through the City Manager who will use various staff, consultants and/or legal resources to represent the City’s interest. The City Council will provide overall direction and ultimately review and approve discretionary permits and contractual agreements such as Development Agreements.

The subcommittee suggests that a resolution be drafted to memorialize this protocol and that each council member be requested to sign the resolution. As new Councilmembers are brought in they will sign a document acknowledging and agreeing to these rules.

Attachments:

1. 06/20/24 Best Practices Ad Hoc Meeting Staff Report

2. 01/04/24 City Council Meeting Staff Report City Council Protocol for Development and/or Zoning Applications
__________________________
Clay Holstine, Interim City Manager
41 H.

CITY COUNCIL BEST PRACTICES AD HOC AGENDA REPORT
Meeting Date: June 6th, 2024
From: Clay Holstine, Interim City Manager
Subject: Best Practices
Background
The City Council met earlier this year to address protocols and best prac�ces for dealing with applica�ons that come before the City Council. To assist in dra�ing recommenda�ons the Council appointed two of its members to an ad-hoc commitee to work with staff and bring a recommenda�on back to the Council as a whole.

The goal is to provide transparency in Council decision making and maximize communica�ons among council members.

The following protocols are provided as a star�ng point for discussion:
• Once a land use and/or zoning applica�on has been submited, Councilmembers will not meet or have communica�on regarding the details of their proposed project with an applicant and/or agent once an applica�on is applied for. Council members will no�fy the City Manager and request either their atendance or another staff person assigned by the City Manager to atend. The City Manager will inform the rest of the council of an upcoming mee�ng.

Land use and/or zoning applica�ons. Councilmembers will not meet individually with an applicant once an applica�on is applied for.
• Prior to an applica�on a council member may wish to meet with or accept an invita�on to meet with a business or individual who wishes to seek a permit that may ul�mately come before the Council as a whole. Council members will no�fy the City Manager and request either their atendance or another staff person assigned by the City Manager to atend. The City Manager will inform the rest of the council of an upcoming mee�ng. • Once an applica�on has been submited to the city, the Council may wish to use its subcommitee process, which is subject to the Brown Act to meet and discuss aspects of a project or proposal.
• All nego�a�ons with applicants and/or agent are to be done through the City Manager who will use various staff, consultant, and legal resources to represent the Ci�es interest. The City Council will provide overall direc�on and ul�mately review and approve discre�onary permits and contractual agreements such as Development Agreements.

The subcommitee may wish to add or change the above but is recommended that the protocols be few in number so that they are easily understood and remembered.

Attachment 1
42 H.

CITY COUNCIL SPECIAL MEETING AGENDA REPORT
Meeting Date: January 4, 2024
From: Interim City Manager Clay Holstine
Subject: City Council Protocol for Development and/or Zoning Applications Background
This year will be a busy year for the City, and par�cularly the Community Development Department, as staff con�nues its review of the pending applica�ons to develop the Baylands site and the former quarry property. The respec�ve environmental impact statements for each will be issued by the City in the coming months, and the applicants for each are already expressing interest in beginning to nego�ate development agreements assuming their project’s EIR is approved.

Purpose and Context
As we move into perhaps the busiest phases of the reviews of each project, I have been asked to share any insights with the City Council about prac�ces followed by prior Councils to help make the process as efficient as possible for all involved. Below I outline prac�ces of this nature that this Council may itself want to consider and follow.

Before I do so, however, I want to underscore that the City Council is the ul�mate arbiter of what, if any, informal prac�ces it wishes to adopt to help it ensure that each project is reviewed efficiently and fairly. City staff will support the Council’s decisions in this regard, including ensuring that the Council’s decisions, and any prac�ces it may follow to get to the decisions, are consistent with the Council’s and City’s legal responsibili�es.

Past Prac�ces
I have reviewed the prac�ces that different City Councils developed and adhered to in the past when reviewing complex development projects. Four informal prac�ces have emerged that may be of interest to this Council for possible adherence or avoidance.

1. Nego�a�ons Are Directed by the Full City Council and Conducted by the City Manager Prior Councils have uniformly followed a process where they exclusively provide final direc�on to the City Manager about what they believe must be addressed in discussions with an applicant or in a development agreement. In each instance, the City Manager was vested with exclusive authority to nego�ate with the applicant but within the parameters established by the full Council. This approach has been popular because it ensures each Council Member has an equal voice in the process while preven�ng any third party from being able to sew confusion and even mistrust between Council Members.

Attachment 2
43 H.

2. Mee�ngs
The most common prac�ce followed by prior City Councils was to ensure that if a Council member was to take part in a mee�ng with an applicant, its consultants and/or counsel, that a member(s) of City staff should also atend. Prior Council’s believed this approach helped ensure that both the applicant and City would have the most knowledgeable people in mee�ngs based on the topic and/or agenda for each mee�ng. There was also a view that this would also help surface any misunderstandings or misconcep�ons between the applicant and the City as early as possible in the City’s formal review process.

One thing Councils have not done in the past is provide a regular public update on mee�ngs with the applicants. If the Council desires, an agenda item under Mayor & Council Maters could address mee�ngs, development applica�on status, etc. This would have the value of adding another layer of transparency to the process.

Adop�ng this approach would not prevent Council Members from working on a development agreement for the project if a subcommitee process is established (discussed below), it would simply ensure that appropriate City staff is also joining the mee�ng. Similarly, it would not prevent a subcommitee of the Council from mee�ng with an applicant because City staff would already be present for such a mee�ng.

3. The Subcommitee Process
This and other Councils have used a subcommitee process successfully in understanding and responding to major issues. The Council may choose to do that here. If so, the most common example is that a Council subcommitee reviews the projects and iden�fies issues for discussion with the full Council. On one occasion in the past, a subcommitee of the Council and of the Planning Commission met jointly to review issues presented by a proposed development and jointly made recommenda�ons to the full Council. Alterna�vely, the Council can con�nue to sit as a “commitee of the whole” when reviewing the projects with staff and outside experts so that direc�on to the City Manager comes from the full body. While the subcommitee process has worked well on many issues, given that we are at the point in the process where applica�ons have been submited and environmental review is nearly complete (for the purposes of dra� environmental impact reports) the subcommitee process may not be how the City Council wishes to proceed.

4. The Timing of Mee�ngs
Over �me various individual Council Members have declined to accept or convene mee�ngs directly with an applicant once their land use development applica�on or applica�on for zoning amendment is on file. As you would imagine there are those who praise this approach as 44 H.
ensuring that the Council is only involved in the final decision-making and therefore avoids any appearance of conflicts of interest, etc. And, there are others who cri�cize it for too broadly removing the people’s elected representa�ves from the process.

The one observa�on I can offer is that if the Council or individual Council Members were to abide by the proposed process under Item 2 above, any such concerns would be moot.

5. Planning Commission
Prior Councils have directed members of the Planning Commission and other City commitees and commissions not meet or confer, directly or indirectly, with an applicant or any representa�ve of a project for which an applica�on is pending unless it is doing so via a Commission subcommitee. This approach has helped ensure that nego�a�ons between the City and the applicant are directed by the Council alone.

Other Considera�ons for Knowledge/Awareness

1. It is to be expected and en�rely appropriate that Council Members may be engaged by their cons�tuents about development issues in the City. You are their representa�ves, and they have every right to ask you to listen to their concerns and to give them due considera�on.

Similarly, you have every right to decline to atend such mee�ngs. If you do hold any such mee�ngs, the most important cau�on is to be mindful of and ensure your ac�ons are compliant with the Brown Act and related responsibili�es.

2. Each of you is elected individually and it is en�rely appropriate that one or more of you may decide individually to accept mee�ngs with the applicant, the proponents and opponents of their project, third party advocacy groups, etc., notwithstanding the benefits of the proposed prac�ces discussed above because you have made a genuinely good faith determina�on that taking these types of mee�ngs are in the City’s best interests and so long as you comport yourself in such mee�ngs in full compliance with your legal responsibili�es.

3. There are common concerns with mee�ngs taken outside of Council-agreed prac�ces that each of you should be mindful of whether you are mee�ng with a cons�tuent or an advocacy group.
• Your good faith judgement as to whom to meet and about what with respect to the projects is subject to scru�ny by enforcement bodies like the FPPC and the Atorney General’s 45 H.

Office, so consider seeking advice from the City Atorney as to factors you should be considering in making such a judgement.
• Experience confirms that it is individual mee�ngs or even rumors of individual mee�ngs that are o�en the basis for the damaging misconcep�ons of the independence of past Councils’ decisions (e.g., the Council’s subcommitee process has rarely led to misunderstandings). • One poten�al way to address this is for Council Members to share mee�ngs they may have under the Mayor & Council Members sec�on of the agenda. That also allows for more transparency. The Council could exclude conversa�ons and mee�ngs with non-affiliated cons�tuents but include cons�tuents represen�ng or poten�ally represen�ng an interest group. 46 H.

File Attachments for Item:

I. Election Issues Update
47 Election Issues Update Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: June 20, 2024
From: Interim City Manager Holstine
Subject: Elections Issues Update
Background
The Charter City and Election Issues Subcommittee met on June 6th . The subcommittee has been tasked
with three assignments. The purpose of this item for the June 20 th meeting is to update the City Council
and receive direction as appropriate.

Directly Elected Mayor
The subcommittee has reviewed this approach. Both Belmont and San Bruno have directly elected Mayors. The subcommittee has discussed the pros and cons. As an alternative to a directly elected Mayor the subcommittee drafted language regarding Mayoral rotation. The language is in Attachment 1A. The Council may adopt this language by resolution and/or refer it to the voters for ratification. The former could be amended by the City Council at any time through a revised resolution. The latter would require voter approval to change.

Term Limits
The subcommittee met and is recommending that terms limits be submitted to the voters for approval.

Term limits would be for 3 terms or 12 years maximum. If a Councilmember assumed a term that was not full, they would still be limited to 3 terms (which may be less than 12 years).

Once the 12-year, 3 term limit is met, a Councilmember will be required to have a 2-year break, at which time they could run again and be limited to the 12 years, 3 term limit.

By function of law the commencement of the 12 years, 3 term limit comes into effect after voter approval of term limits. Any terms prior to that time do not count against the limit.

District Elections
The subcommittee met with our demographer Douglas Johnson of NDC on June 6 th for his report. The
power point presentation is provided as Attachment 2. The analysis is in the context of compliance with the California Voting Rights Act (CVRA).

Key findings:
• 37% of total population is Asian/Pacific Islander.
• 18% of total population is Hispanic/Latino.
• Asian-American and Pacific Islander population is concentrated in the west side of the city, off West Hill Drive. Locally we refer to this area as the Northeast Ridge. • There are no large geographic concentrations of Latino. 48 I.

Election Issues Update Page 2 of 2
Two tests for Districts were applied.

Asian-American Test:

With five Council Districts, two majority Asian-American districts can be drawn.

With four Districts, one majority Asian-American districts can be drawn, and one plurality Asian American district can be drawn.

Latino/Hispanic Test:

No majority District can be drawn. Maximum in a five-district map would be 39% but if that concentration is achieved the ability to draw two Asian districts will be reduced to one.

Recommendation
The subcommittee is recommending that this issue be studied further, and that the demographer be directed to draft up to 3 alternatives for consideration and commence the public outreach process as required by CVRA.

As was discussed at a previous City Council meeting, the adoption of districts alone does not guarantee that Asian-American and/or Latino/Hispanic candidates will be successful. However, by adopting District elections consistent with CVRA, the City of Brisbane would be in a safe harbor for any potential litigation.

Ballot Issues Timeline
If the Council wishes to submit a measure to the voters, it must do so 88 days before the election which is August 9th for the November 5, 2024 Election. If the City Council decides to direct staff to draft a resolution to place a measure on the ballot for this year, that should be done for the July 18th City Council Meeting. Staff will need to send it to the County Elections Office immediately after that for approval.

Fiscal Impact
It’s important to note that elections costs are difficult to estimate since no two elections are alike with costs and the number of registered voters varies considerably from election to election. Cost estimates can also vary based on the number of jurisdictions participating in an election. The estimated cost to place 1-2 ballots on an even year election is between $19,000 and $27,000.

Attachments
1A Rotation Language
1B Elections Subcommittee June 6th Agenda and Staff Report on Mayoral Rotation 2 Brisbane Demographic Analysis Presentation
_________________________________
Clay Holstine, City Manager
49 I.

Attachment 1A
Proposed Language for Mayoral Rotation to be Placed on the Ballot (Notes from the June 6, 2024 Election Issues Subcommittee Meeting) The current Council Member with the longest term from last serving as Mayor shall be sworn in as Mayor. The current Council Member with the second longest term from last serving as Mayor shall be sworn in as the Mayor Pro Tem. The current Council Member with the third longest term from last serving as Mayor will move into the third position in the rotation. The current Council Member with the fourth longest term from last serving as Mayor will move into the fourth position in the rotation. The outgoing Mayor will go to the end of the rotation.

Newly at-large elected Council Members will be placed at the end of the current Council rotation, but will be ahead of the outgoing Mayor. If there is more than one newly elected atlarge Council Member in a given election, the newly elected Council Member with the most votes in their election shall be placed at the end of the current Council rotation. The newly elected at-large Council Member with the least amount of votes shall be placed at the end of the rotation, but ahead of the outgoing Mayor.

Newly by-district elected Council Members will be placed at the end of the current Council rotation, but will be ahead of the outgoing Mayor. If there is more than one newly elected bydistrict Council Member in a given election, the newly elected Council Members will be chosen randomly to be placed at the end of the current Council rotation, but ahead of the outgoing Mayor.

In the event the Mayor Pro Tem chooses not to serve as Mayor, they can defer for a year and the next council member in line can take their place. They will remain the Mayor Pro Tem and become Mayor the following year. Their decision to defer a year does not alter the lineup and the person after them does not change places permanently, the adjustment in the rotation is temporary.
50 I.
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Thursday, June 6th, 2024 at 2:45PM ● Hybrid Meeting
Brisbane City Hall, Large Conference Room, 50 Park Place, Brisbane, CA The public may observe/participate in the Subcommittee meetings by using remote public comment options or attending in person. Subcommittee members shall attend in person unless remote participation is permitted by law. The Subcommittee may take action on any item listed in the agenda.

JOIN IN PERSON
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Charter City & Election Issues
Subcommittee Agenda
1 Attachment 1B

SPECIAL ASSISTANCE
If you need special assistance to participate in this meeting, please contact Angel Ibarra at (415) 508-2109 or CITY of BRISBANE
51 I.
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SUBCOMMITTEE MEMBERS:

Councilmember Davis, Councilmember Lentz

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

PRESENTATIONS AND DISCUSSION ITEMS
B. Discussion Mayoral Rotation

PUBLIC COMMENT

ADJOURNMENT
2 [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
52 I.

File Attachments for Item:

B. Discussion Mayoral Rotation
353
I.

CITY COUNCIL SUBCOMMITTEE AGENDA REPORT
To: Council Subcommittee regarding Election Issues
Meeting Date: June 6th, 2024
From: Interim City Manager
Subject: Mayoral Rotation
Background
At the Council mee�ng on May 16th, the Elec�ons Subcommitee liaisons reviewed and gave their recommenda�ons to the City Council regarding City distric�ng, term limits and mayoral rota�on maters that was discussed at their subcommitee mee�ng on May 13th.

Discussion
The council had a robust discussion and evaluated informa�on provided and brainstormed alterna�ves. The topic of mayoral rota�on was referred back to the subcommitee to review and what their recommenda�on would be to the council – whether to pursue this as a ballot ini�a�ve or not. If they would like it to go to the voters, then the subcommitee should work on the language for the resolu�on.

The following is a summary:
• Directly Elected Mayor -
o The Subcommitee recommended that the term of a Mayor be 2 years and restricted to two terms.
o As an alterna�ve the Council could dra� a strict rota�on policy and refer that to the voters.
o Under either scenario the Subcommitee is recommending that the role of the Mayor remain unchanged.

Atachment: Resolu�on 2016-06
4 B.
54 I.
.
5 B.
55 I.

June 6, 2024
City of Brisbane
Demographic Analysis
56 I.
2 Key Demographics
“Citizen Voting Age
Population” data from the
Census Bureau’s American
Community Survey is
considered the best available
data on “eligible voters.”
Category Field Total
2020 Census Total Po
pulation 4,858
Hispanic/Latino 18%
NH White 40%
NH Black 2%
NH Asian/Pac.Isl. 37%
NH Native Amer. 1%
Total 3,296
Hisp 20%
NH White 45%
NH Black 0%
Asian/Pac.Isl. 34%
Native Amer. 0%
Total Pop.

Citizen Voting Age Pop
57 I.
3 Demographic
Summary
Category Field Total Category Field Total
2020 Census Total Population 4,858 age0-19 23%
Hispanic/Latino 18% age20-60 54%
NH White 40% age60plus 24%
NH Black 2% immigrants 35%
NH Asian/Pac.Isl. 37% naturalized 71%
NH Native Amer. 1% english 61%
Total 3,296 spanish 9%
Hisp 20% asian-lang 26%
NH White 45% other lang 4%
NH Black 0% Language Fluency Speaks Eng. "Less than Very Well" 16% Asian/Pac.Isl. 34% hs-grad 38%
Native Amer. 0% bachelor 30%
Total 2,943 graduatedegree 24%
Latino est. 17% Child in Household child-under18 25%
Spanish-Surnamed 15% Pct of Pop. Age 16+ employed 62%
Asian-Surnamed 17% income 0-25k 5%
Filipino-Surnamed 3% income 25-50k 13%
NH White est. 61% income 50-75k 10%
NH Black 3% income 75-200k 32%
Total 1,821 income 200k-plus 39%
Latino est. 13% single family 66%
Spanish-Surnamed 12% multi-family 34%
Asian-Surnamed 14% rented 34%
Filipino-Surnamed 2% owned 66%
NH White est. 68%
NH Black 3%
Total 2,648
Latino est. 14%
Spanish-Surnamed 13%
Asian-Surnamed 15%
Filipino-Surnamed 3%
NH White est. 63%
NH Black est. 5%
Housing Stats
Voter Registration
(Nov 2022)
Voter Turnout (Nov
2022)
Age
Voter Turnout (Nov
2020)
Household Income
Education (among
those age 25+)
Immigration
Language spoken at
home
Total population data from California's adjusted 2020
Census data. Citizen Voting Age Population, Age,
Immigration, and other demographics from the 2018-
2022 American Community Survey and Special
Tabulation 5-year data. Turnout and Registration data
from California Statewide Database. "Latino" figures
calculated by NDC using Census Bureau's Latino
undercount by surname estimate.

Total Pop.

Citizen Voting Age Pop
58 I.
4 Asian & Pacific IslanderCitizen Voting Age Population (CVAP) Asian-American and Pacific
Islander CVAP is concentrated in
the west of the city, off Hill Dr.
59 I.
5 Latino CVAP
There are no large geographic
concentrations of Latino CVAP.

The two yellow and red blocks in the southeast have a total of only 25 residents.

There are no concentrations of
African-Americans or Native
Americans in the City
60 I.
6 Percent Renters
While ethnic and racial data can
be estimated Census Block by
Census Block, socio-economic
data is only available at the larger
Census Block Group and Census
Tract level of geography.
61 I.
7 Percent Income over $75k
62 I.
8 Percent College Graduates
63 I.
9 Percent speaking a language other than English at home 64 I.
10 Drawn to test whether majority-protected-class trustee areas are possible.

These are NOT proposed maps for adoption.

Test Plans
65 I.
11 Asian-American Test With five Council Districts, two majority-Asian-American districtscan be drawn in Brisbane withinthe area outlined in Green to theleft.In a four-district map, it is possibleto include one majority-AsianAmerican district along with oneAsian-American plurality district(Asian-Americans in Californiahave a long history of success inplurality districts). 66 I.
12 Latino Test No Latino-majority district can be
drawn. The maximum that can bedrawn in a five-district map isabout 39% Latino CVAP, anddrawing a district at 39% wouldeliminate the ability to draw asecond majority-Asian-Americandistrict. 67 I.
13 Equal Population Requirement
 Under both state and federal law, City Council districts must have roughly total population using state-adjusted 2020 Census data.  Brisbane’s total population is 4,858:
 A five-district City Council would have about 972 people per district, with no more than a 97-person difference between the smallest and largest districts  A four-district City Council (with a citywide-elected Mayor) would have about 1,215 people per district, with no more than a 121-person difference between the smallest and largest districts 68 I.
14 Summary

1. Latinos are 20% of the eligible voters (measured by CVAP data).

Asian-Americans are 34%.

2. If election districts are drawn, the target population for each of five districts would be only 972 people, or 1,215 people with four districts and a citywide-elected mayor. Those are total population counts, not registered voters.

3. Two majority Asian-American CVAP districts are possible in a five-district map, or one with a 2nd plurality district in a four-district map.

4. A 39% Latino CVAP district is possible in a five-district map, but not in a map with two Asian-American districts. Thus, the likely Latino CVAP in the final map would be lower. 69 I.

File Attachments for Item:

K. Countywide Assignments and Subcommittee Reports
70 CITY of BRISBANE
Council Subcommittee Update
From June 1st, 2024, to June 14th, 2024
Best Practices Ad hoc Subcommittee 6/6 Davis, Lentz
The subcommittee discussed revising the current Best Practices regarding interaction with applicants. Suggested changes are being recommended to the city council on 6/20.

Charter City & Elections Issues Subcommittee 6/6 Davis, Lentz The subcommittee reviewed a PowerPoint prepared by National Demographic Corporation (NDC) President Douglas Johnson regarding district elections. Johnson’s slides provided potential district options around geographic concentrations of minority populations. This also led to discussion on how a directly elected Mayor would be impacted. The subcommittee also discussed mayoral rotation and term limits. This is being brought to the city council on 6/20.

Upcoming Subcommittees:

Public Art Advisory Committee 6/17 4:30pm Cunningham, Davis 71 K.