Agenda packet — Brisbane City Council, September 5, 2024 (part 1 of 2)

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CITYof BRISBANE
Thursday, September 5, 2024 at 7:30 PM ● Hybrid Meeting 50 Park Place, Brisbane, CA Amended on 09.02.24 at 12pm
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 September 5, 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
ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
B. Approve Minutes of City Council Special Meeting of July 15, 2024 C. Approve Minutes of City Council Closed Session Meeting of July 18, 2024 D. Approve Minutes of City Council Meeting of July 18, 2024 E. Approve Investment Report as of June 2024
F. Approve Investment Report as of July 2024
G. Approve Response to Grand Jury Report on Restaurant Exteriors: The Neglected Space H. Approve Response to Grand Jury Report on the State of Compost Compliance in San Mateo County
I. Adopt a Resolution “Authorizing the Director of Public Works/City Engineer to execute agreements with the California Department of Transportation for a Brisbane Lagoon and U.S. Highway 101 Adaptation Planning Study”
2 September 5, 2024 - 3 - 7:30 PM
(The grant award amount is $259,920. Once the grant is finalized, city staff will request an obligation of $34,000 to meet the required local match.) J. Approve Resolutions Appointing Committee Members from Open Space Ecology Committee, Inclusion, Diversity, Equity, and Accountability Committee, Complete Streets Safety Committee and San Mateo County Mosquito and Vector Control District Board of Trustees
K. Authorize staff to publish the Public Art RFP to solicit prospective artists for the Alvarado to San Benito Stairway as recommended by the Public Art Advisory Committee L. Approve David L. Brown Productions’ 25th Anniversary documentary screening as a cosponsored event
M. Award the Smart Corridors Northern Cities - Brisbane construction contract (Project No. 924D) to Bear Electrical Solutions, Inc. in the amount of $2,915,935 and authorize the mayor to sign the Agreement on behalf of the City
N. Approve Excelsior Running Club’s 6th Annual Star City San Bruno Mountain Half Marathon and 5K as a cosponsored event
O. Approve the Sierra Point Yacht Club’s 2024 Regatta as a cosponsored event

AWARDS AND PRESENTATIONS CONTINUED
P. Swearing In Newly Appointed Committee Members
Q. Proclaiming September as National Preparedness Month

CONTINUED PUBLIC HEARING
R. Consider Introducing 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 R-TUO 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. 3 September 5, 2024 - 4 - 7:30 PM
This item was continued from the City Council Meeting of June 6, 2024 and July 18, 2024.)
S. Consider Introducing 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. This item was continued from the City Council Meeting of June 6, 2024 and July 18, 2024.)

STAFF REPORTS
T. City Manager’s Report on Upcoming Activities

MAYOR/COUNCIL MATTERS
U. Update on Vacancy on the Open Space Ecology Committee and IDEA Committee V. Update on the City Council Meeting 2024 Schedule
W. Countywide Assignments and Subcommittee Reports
X. Written Communications
ORAL COMMUNICATIONS NO. 2

ADJOURNMENT
4 File Attachments for Item:

B. Approve Minutes of City Council Special Meeting of July 15, 2024 5 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL SPECIAL MEETING AGENDA
MONDAY, JULY 15, 2024
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
5:00 P.M. CALL TO ORDER
Mayor O’Connell called the meeting to order at 5:06 pm.

PUBLIC COMMENT
No member of the public wished to make public comment.

COMMITTEE INTERVIEWS AND POSSIBLE APPOINTMENTS
A. Interview applicant for 1 Open Space & Ecology Committee term through 2026 5:05 pm Anthony Walker
Anthony Walker were interviewed by Councilmembers Cunningham, Davis, Lentz, Mackin and Mayor O’Connell.

B. Discussion and Consider making an Appointment for 1 Open Space & Ecology Committee term through 2026 After all the interviews, Council directed the Clerk to draft a resolution to appoint Anthony Walker for the Open Space & Ecology Committee term through 2026.

C. Interview applicants for 1 San Mateo County Mosquito & Vector Control District Board of Trustee term through 2028
5:25 pm Paul Bouscal
5:35 pm Michael Goldman
Paul Bouscal and Michael Goldman were interviewed by Councilmembers Cunningham, Davis, Lentz, Mackin and Mayor O’Connell.

D. Discussion and Consider making an Appointment for 1 San Mateo County Mosquito & Vector Control District Board of Trustee term through 2028
After all the interviews, Council directed the Clerk to draft a resolution to appoint Michael Goldman for the San Mateo County Mosquito & Vector Control District Board of Trustee term through 2028. 6 B.

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E. Interview Applicants for 1 Complete Streets Safety Committee term through 2025, 1 term through 2026 and up to 2 terms through 2028
5:55 pm Laron McNally
6:05 pm Emily Wirowek
Laron McNally did not attend the interview due to illness. Emily Wirowek was interviewed.

F. Discuss and Consider making Appointments for 1 Complete Streets Safety Committee term through 2025, 1 term through 2026 and up to 2 terms through 2028
After all the interviews, Council directed the Clerk to draft a resolution to appoint Emily Wirowek and Paul Bouscal for the Complete Streets Safety Committee terms through 2028.

G. Interview Applicants for 3 Inclusion, Diversity, Equity, and Accountability (IDEA) Committee terms through 2026 6:25 pm Chaya Bella David
6: 35 pm Dawn David
6:45 pm Quita Highsmith
6:55 pm Lailah Khalil
7:05 pm Tiffany Meyers
7:15 pm Carol Zoltowski
Tiffany Meyers withdrew her application. Chaya-Bella David, Dawn David, Quita Highsmith, Lailah Khalil, and Carol Zoltowski were interviewed by Councilmembers Cunningham, Davis, Lentz, Mackin and Mayor O’Connell.

H. Discuss and Consider making Appointments for 3 Inclusion, Diversity, Equity, and Accountability (IDEA) Committee terms through 2026
After all the interviews, Council directed the Clerk to draft a resolution to appoint Emily Wirowek and Paul Bouscal for the Complete Streets Safety Committee terms through 2026.

ADJOURNMENT
The meeting was adjourned by Mayor O’Connell at 8:34 p.m. _______________________
Ingrid Padilla
City Clerk
7 B.

File Attachments for Item:

C. Approve Minutes of City Council Closed Session Meeting of July 18, 2024 8 BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, JULY 18, 2024
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,

BRISBANE, CA
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 Duffy, 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 Lentz participated by teleconference at New Chitose Airport Business Service Facility Domestic 4F, Bibi, Chitose, Hokkaido Prefecture 066-0012 as noticed.

Councilmember Cunningham made a motion, seconded by Councilmember Davis, to approve the Closed Session Meeting agenda as it stands. The motion passed unanimously by all present.

Ayes: Councilmembers Cunnigham, 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
City Attorney McMorrow reported that Councilmembers did not discuss Liability Claim D due to lack of 9 C.

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

ADJOURNMENT
The meeting was adjourned at 7:21 P.M.
______________________
Ingrid Padilla, City Clerk
10 C.

File Attachments for Item:

D. Approve Minutes of City Council Meeting of July 18, 2024 11 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING AGENDA
THURSDAY, JULY 18, 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. Councilmember Lentz participated by teleconference at New Chitose Airport Business Service Facility Domestic 4F, Bibi, Chitose, Hokkaido Prefecture 066-0012 as publicly noticed.

Councilmembers present: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell Councilmembers absent: None
Staff Present: City Manager Dennis, City Clerk Padilla, City Attorney McMorrow, Finance Director Yuen, Deputy Public Works Director Kinser, Parks and Recreation Director Leek, Parks and Recreation Supervisor Houghton, Community Development Director Swiecki, Senior Planner Johnson, Associate Planner Robbins, Harbor Master Rehberg, Public Works Maintenance Worker Redfield, Sustainability Manager Etherton, Assistant to the City Manager Cheung, Economic Development Director Bull, Police Commander Garcia, Legal Counsel Roush and Administrative Management Analyst Ibarra

REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers did not discuss Liability Claim D due to lack of information. Councilmembers were also provided an update on the Pending Litigation Item E and direction was provided to staff.

ADOPTION OF AGENDA
It was requested to adjourn the meeting in memory of Bob Wilson and Joy Mejia. It was also requested to move up Item Q Election Issues after Consent Calendar H. Councilmember Mackin made a motion, seconded 12 D.

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by Councilmember Cunningham to adopt the agenda as amended. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None

AWARDS AND PRESENTATIONS
B. Designating July as Parks and Recreation Month
Mayor O’Connell proclaimed July 2024 as Parks and Recreation Month. Parks and Recreation Commissioner Julie Sims received the proclamation and thanked Council for their support of the Parks and Recreation department.

C. Presenting Brisbane Marina Harbormaster Rehberg and Public Works Maintenance Worker Redfield with Lifesaving Commendation Award
Mayor O’Connell commended Brisbane Marina Harbormaster Rehberg and Public Works Maintenance Worker Redfield for saving a life and their brave rescue at the Brisbane Marina on July 5, 2024.

ORAL COMMUNICATIONS NO. 1
• Nancy Bui, the newly hired Superintendent of the Brisbane School District, introduced herself to the City Council.
• Ron Colona commented about the need to research hillside community policy for safety. • Tom Heinz made a comment about how life experiences equals wisdom. • Sherry Goodwin made a comment about the Coyote problem in Brisbane. • Chris Florkowski made a comment about the City of Brisbane’s lack of engagement with Caltrain.

CONSENT CALENDAR
D. Approve Minutes of City Council Closed Session Meeting of June 20, 2024 E. Approve Minutes of City Council Meeting of June 20, 2024 F. Accept Investment Report as of May 2024
G. Approve Annual Military Equipment Report per AB 481
Councilmembers requested to pull Item H, I, J and K for further discussion. Councilmember Cunningham made a motion, seconded by Councilmember Mackin to approve Consent Calendar Items D-G. The motion was carried unanimously by all present.

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

Absent: None
13 D.

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Abstain: None
H. Adopt a Resolution “Adopting the Countywide and City of Brisbane Local Roadway Safety Plan and accompanying Vision Zero Goal”
(This Resolution is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (2)) After Council discussion, staff was directed to provide an update to Council at a future meeting on this matter, possibly in a workshop format. Councilmember Cunningham made a motion, seconded by Councilmember Davis to approve Consent Calendar Item H. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None

OLD BUSINESS
Q. Election Issues
i. Consider Adoption of a Resolution to Place on the November 5, 2024 Ballot an Ordinance To Establish Term Limits For City Council Members
Legal Counsel Roush reported that a resolution was before the Council placing on the November 5, 2024 Ballot an ordinance to establish term limits for the City Council Members.

After some Council questions, Paul Bouscal commented to place both election items on the ballot.

Michele Salmon does not agree with the Mayoral Rotation but felt the term limits are fine for the ballot.

Chris Florkowski made a comment about her concern that not many people want to run for City Council.

After Council discussion, Councilmember Lentz made a motion to adopt a resolution to place on the November 5, 2024 Ballot an ordinance to establish term limits for City Council members, seconded by Councilmember Davis. The motion failed with a 2 to 3 vote.

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

Absent: None
ii. Discuss whether to place on the November 5, 2024 Ballot an ordinance by which City Council will appoint the Mayor and the Mayor Pro Tempore
Legal Counsel Roush reported that it is before the Council to discuss whether to place on the November 5, 2024 Ballot an ordinance by which City Council will appoint the Mayor and Mayor Pro Tem but no resolution was provided.

After no council questions, Dana Dillworth, Tom Heinz, Chris Florkowski, and Michele Salmon commented on 14 D.

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their position on the Mayor and Mayor Pro Tem appointment and rotation.

After Council discussion, staff was directed to provide a City Council Workshop in October regarding best practices and code of conduct.

Council took a brief break.

After returning from the break, it was requested to amend the agenda due to the late hour. It was proposed to not discuss Continued Public Hearing Items N and O and continue the public hearing. It was proposed to not discuss Old Business P and continue to a future a meeting. Councilmember Cunningham made a motion, seconded by Davis, to amend the agenda accordingly. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None

CONSENT CALENDAR CONTINUED
I. Adoption of Urgency Ordinance amending the Brisbane Municipal Code sections concerning Electrical Vehicle Infrastructure and adding a new Chapter 15.83 Energy Performance Reach Code (This Ordinance is categorically exempt from environmental review under CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment.) After some council questions, Danny Ames made a comment about conduits. After some council discussion, Councilmember Mackin made a motion, seconded by Councilmember Cunningham to approve Consent Calendar Items I. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
J. Authorize City Manager to Solicit Proposal and Negotiate Sole-Source Contract from Good City Co. for 70 Old County Road Community Engagement and Planning Project After Community Development Director Swiecki’s report and Council questions, Michele Salmon commented that the focus should be the former Bank of America building. After Council discussion, Councilmember Davis made a motion, seconded by Councilmember Cunningham to approve Consent Calendar Items J. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
15 D.

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K. Authorize the City Manager to sign the Construction Agreement for Alvarado to San Benito Stairway Project
(This work is categorically exempt from CEQA per CCR Title 14 §15301.) Councilmember Cunningham made a motion, seconded by Councilmember Davis to approve Consent Calendar Items J. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
After Council questions about the need to involve the Public Art Committee with the further discussion of this item, Danny Ames commented that he hopes this project is completed as soon as possible. Staff was directed to continue the discussion of this matter after it has been discussed with the Public Art Committee.

PUBLIC HEARING
L. City of Brisbane Local Stormwater Program Fees

1. Open the Public Hearing and take public comment. Close the Public Hearing, and if appropriate, overrule any objections to the imposition of fees related to the National Pollutant Discharge Elimination System (NPDES)

2. Consider adoption of a Resolution, “A Resolution of the City Council of the City of Brisbane Imposing Charges for Funding the Local Brisbane Stormwater Program, Authorizing Placement of Said Charges on the 2024-2025 County Tax Roll and Authorizing the County Tax Collector to Collect Such Charges.”
After a staff report from Deputy Public Works Director Kinser and no Council questions, Mayor O’Connell opened the public hearing. After no members of the public wished to speak, Councilmember Davis made a motion, seconded by Councilmember Cunningham, to approve to close the public hearing. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
After no Council discussion, Councilmember Mackin made a motion, seconded by Councilmember Davis, to adopt a resolution imposing charges for funding the local Brisbane Stormwater Program, 16 D.

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authorizing placement of said charges on the 2024-2025 County Tax Roll and authorizing the County Tax Collector to collect such charges. The motion was carried unanimously by all present.

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

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

1. Hear Statement of Engineer of Record, Read Mayor’s Statement, Hear City Clerk Statement, Open Public Hearing to hear any testimony, Close Public Hearing

2. Consider adoption of Resolution overruling protests and ordering the improvements and confirming the diagram and assessments for Fiscal Year 24/25 After the statements from the Engineer of Record, Mayor O’Connell, City Clerk Padilla, Mayor O’Connell opened the public hearing.

Michele Salmon spoke about the need to better care for the Marina including the landscaping.

Dana Dillworth wrote a comment about the broken water fountain in the Marina.

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

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

Absent: None
Abstain: None
Councilmember Cunningham made a motion, seconded by Councilmember Davis to adopt a Resolution overruling protests and ordering the improvements and confirming the diagram and assessments for Fiscal Year 24/25. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None

CONTINUED PUBLIC HEARING
M. Consider Introducing 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 R17 D.

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TUO 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. This item was continued from the City Council Meeting of June 6, 2024.) Due to the late hour, Council voted earlier in the meeting to not discuss and to continue the Continued Public Hearing Item N to a future City Council meeting.

N. Consider Introducing 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. This item was continued from the City Council Meeting of June 6, 2024.)
Due to the late hour, Council voted earlier in the meeting to not discuss and to continue the Continued Public Hearing Item O to a future City Council meeting.

OLD BUSINESS
O. Consider Adoption of Resolution Approving an Agreement for the Purchase and Sale of Vacant City Property in Crocker Park (28,000 square feet +/-) and Authorizing the City Manager to Sign the Agreement and All Other Documents Necessary to Carry Out the Sale (This action is not subject to further environmental review as it is not a project under the California Environmental Quality Act. CEQA Guidelines, Section 15378 (b) (4).) Due to the late hour, Council voted earlier in the meeting to not discuss and to continue Old Business Item P to a future City Council meeting.

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

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

Councilmember Lentz will be replacing Councilmember Davis as the alternate representative to the SFO Roundtable.
18 D.

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T. Written Communications
Written Communication was received by Councilmembers from the following members of the public:
• Kerekes (06-26-2024) Parking enforcement
• Dillworth (06-27-2024) Planning commission agenda tonight • Cui (07-01-2024) Rolled curb parking violation
• Limper (07-03-2024) Mission Blue Rd
• Gillespie (07-12-2024) Sea Scout ship
• Lloyd (07-13-2024) Bayshore Hwy
• Dillworth (07-15-2024) Buildout Scenarios
• Dillworth (07-18-2024) Rezone Comments
• Lacsamana (07-18-2024) Term Limits
• Florkowski (07-18-2024) Caltrain Engagement
• Dillworth (07-18-2024) Rezone details #1
• Nunan (07-18-2024) Address to Council from David
• Dillworth (07-18-2024) Rezone Completed details #2
ORAL COMMUNICATIONS NO. 2
Michele Salmon made a comment about Senate Bill 9.

ADJOURNMENT
Mayor O’Connell adjourned the meeting at10:58 P.M. in memory of Bob Wilson and Joy Mejia.

_______________________
Ingrid Padilla
City Clerk
19 D.

File Attachments for Item:

E. Approve Investment Report as of June 2024
20 FACE CARRY MARKET COUPON

INVESTMENT DATE OF VALUE OF VALUE OF VALUE OF INTEREST MATURITY RATING/ NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT RATE % DATE COLLATERAL WELLS FARGO Checking A/C $ 3,875,125 $ 3,875,125 $ 3,875,125 0.000 110% collateral STATE FUND (LAIF) Deposit on call continuous $ 1,580,260 $ 1,580,260 $ 1,580,260 4.360 on call no rating Other Investments
FHLB 7/26/2022 $ 1,000,000 $ 1,000,000 $ 998,390 3.350 07/26/2024 Wells Fargo Bank 9/23/2022 $ 250,000 $ 250,000 $ 248,981 3.750 09/23/2024 American Express 9/21/2022 $ 250,000 $ 250,000 $ 248,942 3.750 09/24/2024 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 989,290 1.000 09/30/2024 FHLM 12/13/2022 $ 1,000,000 $ 1,000,000 $ 997,600 5.140 12/13/2024 FHLB 3/24/2022 $ 1,000,000 $ 1,000,000 $ 976,710 2.000 03/24/2025 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 980,380 2.750 04/22/2025 FHLB 7/28/2022 $ 1,000,000 $ 1,000,000 $ 988,460 4.050 07/28/2025 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 955,120 1.300 09/30/2025 FHLB 10/27/2022 $ 1,000,000 $ 1,000,000 $ 998,870 4.750 10/27/2025 FFCB 9/12/2022 $ 1,000,000 $ 1,000,000 $ 984,730 4.125 12/12/2025 FHLM 9/29/2022 $ 1,000,000 $ 1,000,000 $ 984,050 4.150 09/29/2026 FHLM 10/30/2023 $ 1,000,000 $ 1,000,000 $ 997,920 5.550 10/30/2026 FFCB 12/1/2023 $ 1,000,000 $ 1,000,000 $ 999,060 5.060 12/01/2026 FHLB 3/25/2022 $ 1,000,000 $ 1,000,000 $ 946,480 2.600 03/25/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 991,830 4.000 05/26/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 974,660 3.750 05/26/2027 FHLB 9/30/2022 $ 1,000,000 $ 1,000,000 $ 995,780 5.000 09/30/2027 FHLM 6/26/2024 $ 1,000,000 $ 1,000,000 $ 999,050 5.650 06/26/2028 FHLM 6/12/2024 $ 1,000,000 $ 1,000,000 $ 996,340 5.750 06/12/2029 FHLM 6/25/2024 $ 1,000,000 $ 1,000,000 $ 999,170 5.500 06/25/2029 BNY Mellon Treasury Obligations continuous $ 5,998,444 $ 5,998,444 $ 5,998,444 5.230 on call 110% collateral Sub-total $ 25,498,444 $ 25,498,444 $ 25,250,258
U.S. Bank 2014 BGPGA Bond (330) Improvements Fed Treas Obl $ - 10031 Reserve Fund Fed Treas Obl $ 1 10032
Revenue Fund Fed Treas Obl $ 1 10034
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ 1 10036
Interest Fund Fed Treas Obl $ 0 10037
U.S. Bank 2015 Utility Capital (545) Improvements Fed Treas Obl $ - 10031 Reserve Fed Treas Obl $ 105 10032
Expense Fund Fed Treas Obl $ - 10035
BNY Mellon 2023 BGVMIDFA Bond (328) Improvements Fed Treas Obl $ 33 10031 Reserve / Project Fed Treas Obl $ 4,192,151 10032
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ - 10036
Interest Fund Fed Treas Obl $ - 10037
PARS OPEB Trust Trust Cash Investments $ 4,156,895 13050 PARS Retirement Trust Trust Cash Investments $ 1,616,508 13050 Sub-total Cash with Fiscal Agents $ 9,965,695
Total other investments $ 35,464,139 $ 35,464,139 $ 25,250,258 TOTAL INVESTMENTS & CASH BALANCES $ 40,919,524 $ 40,919,524 $ 30,705,643 Outstanding Loans to Department Heads
Date of loan Amount Amount Remaining Interest Rate
Stuart Schillinger 4/1/2002 318,750 $ 318,750 Variable, LAIF + 1% FFCB - Federal Farm Credit Bank
FHLB - Federal Home Loan Bank
FHLM - Federal Home Loan Mortage Corporation
FNMA -Federal National Mortgage Association
Two year Treasury 4.71%
Weighted Interest 3.73%
Weighted maturity 1.54 Years

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

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

Carolina Yuen

CITY TREASURER

CITY OF BRISBANE

CASH BALANCES & INVESTMENTS

SOURCE OF FUNDING
June 30, 2024
21 E.

File Attachments for Item:

F. Approve Investment Report as of July 2024
22 FACE CARRY MARKET COUPON

INVESTMENT DATE OF VALUE OF VALUE OF VALUE OF INTEREST MATURITY RATING/ NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT RATE % DATE COLLATERAL WELLS FARGO Checking A/C $ 3,994,383 $ 3,994,383 $ 3,994,383 0.000 110% collateral STATE FUND (LAIF) Deposit on call continuous $ 1,598,096 $ 1,598,096 $ 1,598,096 4.520 on call no rating Other Investments
Wells Fargo Bank 9/23/2022 $ 250,000 $ 250,000 $ 249,395 3.750 09/23/2024 American Express 9/21/2022 $ 250,000 $ 250,000 $ 249,359 3.750 09/24/2024 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 992,910 1.000 09/30/2024 FHLM 12/13/2022 $ 1,000,000 $ 1,000,000 $ 998,240 5.140 12/13/2024 FHLB 3/24/2022 $ 1,000,000 $ 1,000,000 $ 980,780 2.000 03/24/2025 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 984,340 2.750 04/22/2025 FHLB 7/28/2022 $ 1,000,000 $ 1,000,000 $ 991,080 4.050 07/28/2025 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 962,700 1.300 09/30/2025 FHLB 10/27/2022 $ 1,000,000 $ 1,000,000 $ 1,001,580 4.750 10/27/2025 FFCB 9/12/2022 $ 1,000,000 $ 1,000,000 $ 991,040 4.125 12/12/2025 FHLM 9/29/2022 $ 1,000,000 $ 1,000,000 $ 989,410 4.150 09/29/2026 FHLM 10/30/2023 $ 1,000,000 $ 1,000,000 $ 998,670 5.550 10/30/2026 FFCB 12/1/2023 $ 1,000,000 $ 1,000,000 $ 1,003,170 5.060 12/01/2026 FHLB 3/25/2022 $ 1,000,000 $ 1,000,000 $ 956,980 2.600 03/25/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 994,290 4.000 05/26/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 981,260 3.750 05/26/2027 FHLB 9/30/2022 $ 1,000,000 $ 1,000,000 $ 997,750 5.000 09/30/2027 FHLB 7/30/2024 $ 1,000,000 $ 1,000,000 $ 1,000,000 5.500 12/30/2027 FHLM 6/26/2024 $ 1,000,000 $ 1,000,000 $ 999,970 5.650 06/26/2028 FHLM 6/12/2024 $ 1,000,000 $ 1,000,000 $ 998,320 5.750 06/12/2029 FHLM 6/25/2024 $ 1,000,000 $ 1,000,000 $ 1,002,760 5.500 06/25/2029 FHLB 7/29/2024 $ 1,000,000 $ 1,000,000 $ 999,620 5.150 07/25/2029 BNY Mellon Treasury Obligations continuous $ 7,081,950 $ 7,081,950 $ 7,081,950 5.250 on call 110% collateral Sub-total $ 27,581,950 $ 27,581,950 $ 27,405,574
U.S. Bank 2014 BGPGA Bond (330) Improvements Fed Treas Obl $ - 10031 Reserve Fund Fed Treas Obl $ 1 10032
Revenue Fund Fed Treas Obl $ 1 10034
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ 1 10036
Interest Fund Fed Treas Obl $ 0 10037
U.S. Bank 2015 Utility Capital (545) Improvements Fed Treas Obl $ - 10031 Reserve Fed Treas Obl $ 106 10032
Expense Fund Fed Treas Obl $ - 10035
BNY Mellon 2023 BGVMIDFA Bond (328) Improvements Fed Treas Obl $ 33 10031 Reserve / Project Fed Treas Obl $ 2,255,107 10032
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ - 10036
Interest Fund Fed Treas Obl $ - 10037
PARS OPEB Trust Trust Cash Investments $ 4,252,144 13050 PARS Retirement Trust Trust Cash Investments $ 1,653,548 13050 Sub-total Cash with Fiscal Agents $ 8,160,939
Total other investments $ 35,742,889 $ 35,742,889 $ 27,405,574 TOTAL INVESTMENTS & CASH BALANCES $ 41,335,368 $ 41,335,368 $ 32,998,053 Outstanding Loans to Department Heads
Date of loan Amount Amount Remaining Interest Rate
Stuart Schillinger 4/1/2002 318,750 $ 318,750 Variable, LAIF + 1% FFCB - Federal Farm Credit Bank
FHLB - Federal Home Loan Bank
FHLM - Federal Home Loan Mortage Corporation
FNMA -Federal National Mortgage Association
Two year Treasury 4.29%
Weighted Interest 3.89%
Weighted maturity 1.67 Years

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

Carolina Yuen

CITY TREASURER

CITY OF BRISBANE

CASH BALANCES & INVESTMENTS

SOURCE OF FUNDING
July 31, 2024
23 F.

File Attachments for Item:

G. Approve Response to Grand Jury Report on Restaurant Exteriors: The Neglected Space 24 CITY COUNCIL AGENDA REPORT
Grand Jury Report on Restaurant Exteriors Page 1 of 1
Meeting Date: September 5, 2024
From: Director of Public Works/City Engineer
Subject: Grand Jury Report, “Restaurant Exteriors: The Neglected Space” Purpose
To give Council the opportunity to provide comments on the findings and recommendations of the Grand Jury report on restaurant exteriors.

Recommendation: Provide input on the draft comment letter prepared by staff.

Background
Fiscal Impact
There is no direct fiscal impact envisioned to the city due to providing the required response Measure of Success
A response within the timeframe required by state law.

Attachments

1. Grand Jury Final Report - release date of July 9, 2024

2. Draft September 6, 2023 city response letter
___________________________________ ___________________________________ Randy Breault, Public Works Director Jeremy Dennis, City Manager 1 of 30
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RESTAURANT EXTERIORS: THE NEGLECTED SPACE
ISSUE
The exterior trash areas of food service businesses are often unsightly and unsanitary. How can this issue be addressed?

SUMMARY
Restaurant garbage and food waste is not always contained in designated exterior bins, and may overflow, attracting animals and other undesirable pests. While restaurant interiors are subject to County of San Mateo Health System standards and inspections, restaurant building exteriors are subject to a variety of standards and inspection programs, because each local jurisdiction has its own regulations for sanitation and safety for exteriors. For restaurant exteriors, responsibility for enforcement of local code and for inspection schedules varies from city to city. Generally, inspections are done when complaints are received. The extent of the issues may vary based on the municipality or district, day of the week (garbage collection day), or whether the building backs are visible to the public.

Grand Jury members conducted interviews with County officials, city officials, and waste handlers and performed their own spot checks (admittedly not scientific). A written survey (Appendix B) was sent to all twenty cities and towns in the County.

The Grand Jury found a significant number of restaurant exterior waste storage areas and areas below parklets had clearly deficient, unsanitary, unsightly and odorous conditions. The investigation found that the “standards” for these areas, i.e., how these conditions were monitored, and how codes and policies were enforced, to be inconsistent at best and non-existent in some instances. A quantification of the waste storage area problem proved difficult as many sites and their condition were dependent on the day of the week and their garbage pick-up days.

This Grand Jury report includes recommendations for a more proactive approach to handling the garbage and parklet sanitation problems around restaurant exteriors in San Mateo County, and suggestions for preventive maintenance.
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BACKGROUND
People spent 20.7% more money at restaurants than on groceries in 2022. That figure rose to

29.5% in the first two months of 2023 according to Commerce Department data.1 This significant increase in use of restaurants and “micro” and “mobile” food services, not surprisingly, resulted in an increase in organic (food stuff) waste, paper, glass and general garbage.

Members of the Civil Grand Jury initiated this review of the health and safety conditions surrounding the immediate areas designated for waste removal after observing an increase in rodents around parklets. Initial walkthroughs behind restaurants determined that the problem related to waste management in general as well as to the parklets. Photos contained in Appendix A depict some of the disturbing findings.

REGULATORY FRAMEWORK
California Health & Safety Code, Chapter 7 known as the “Retail Food Code” regulates, at the State level, the protections required for public health and safety of a “Food Facility”.2 The Code

1 https://www.census.gov/retail/marts/www/marts_current.pdf 2 H&S Code 113789 (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. (b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following: (1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c). (4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370. 3 of 30
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has extensive requirements for the handling of food, preparation and service of patrons. They can best be described as affecting the “inside” of the Food Facility.

The exterior or waste disposal areas are only mentioned in Article 4, Section 114245.4. “If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable and sloped to drain.”3 Refer to Appendix C for the California Health & Safety Code Article 4.

The enforcement of these State Regulations is assigned to “Enforcement Officers”4of an “Enforcement Agency”5 which is delegated to more local organizations at the county or other local level. Section 1143906gives the power to inspect facilities, take samples and prepare a written report of deficiencies.

HEALTH DEPARTMENT INSPECTIONS
The San Mateo County Health Department is primarily responsible for the inspection of restaurants and enforcement of the Health Codes related to them. The Inspection checklist (Appendix D) has 60 categories for inspection and only one (FO42) relates to waste disposal or garbage. In interviews, the Grand Jury found the Health Inspector does not generally inspect the areas behind the facility and does not inspect areas not immediately adjacent to the facility at all.

The County relies on the individual cities for enforcement of their nuisance laws in these areas.

As part of its Municipal Code, each City or jurisdiction maintains provisions for enforcement actions against properties (and operators) that maintain unhealthy, noxious, or dangerous conditions under their police powers to abate public nuisances. (See Bibliography)

LAND USE / USE PERMITS

It is beyond the scope of this investigation to analyze the municipal codes of each of the twenty jurisdictions in San Mateo County which have restaurant uses. Most cities require “use permits”

(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375. (11) Fishermen’s markets.
3 Sections 114244 to 114245.3 inclusive speak only to the Food Facility which is defined as the interior of the facility.
4 113774. “Enforcement officer” means the director, agents, or environmental health specialists appointed by the Director of Health Services, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.
5 113773. “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility.
6 114390 :
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104.&title=& part=7.&chapter=13.&article=2
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(conditional or otherwise) for restaurants in certain locations. As part of the building permit process, cities have the ability to require and specify the type, location, and frequency of waste disposal. More importantly, all have a general requirement that these areas be maintained at the owner/operator expense in a good and sanitary manner.

WASTE HAULERS / SANITATION COMPANIES
By far the biggest recipient of waste and disposal in the County is Recology San Mateo County serving the cities of Belmont, Burlingame, East Palo Alto, Foster City, Menlo Park, Redwood City, San Carlos, and San Mateo, the town of Hillsborough, County of San Mateo, North Fair Oaks, and West Bay Sanitary District. Recology of the Coast provides service to Pacifica.

GreenWaste provides service to the town of Atherton.

South San Francisco Scavenger Company (SSFSC) serves businesses and residents in South San Francisco, Millbrae, Brisbane and San Francisco International Airport. Half Moon Bay, Daly City and the unincorporated North County has an agreement with Republic Services, Inc. to provide recycling, compost and garbage collection services.

Each hauler negotiates independently on rates and pick-up policy. The Grand Jury reviewed the Franchise Agreement used by Recology. The agreement provides that the hauler shall replace or repair bins, dumpsters and other containers as needed or upon request.

DISCUSSION
SURVEY
The Grand Jury sent a survey to twenty jurisdictions (see Appendix B). Five jurisdictions relied solely on the County Health Department for enforcement of regulations related to restaurant waste facilities; two inspected and enforced only at the permit renewal stage; and nine assigned the duty to their code enforcement mechanism generally through Planning, Public Works or dedicated Code Enforcement personnel. Only three of the jurisdictions conducted inspections independent of a complaint. The majority, nine of fourteen, only inspected upon receipt of a complaint. (See Appendix B for the tabulated Survey results).

In summary, survey responses demonstrate that the Cities rely on the County Health Department for inspections of restaurant interiors and, in general, only respond to exterior conditions upon receipt of a complaint.

OBSERVATIONS
The condition at any one site is dependent on the frequency of trash removal. The site may be fine right after removal but, as the week goes on, the situation worsens. There does not appear to be any site-specific requirements (or at least any that are enforced) for residual cleaning such as power washing. Few sites inspected had any method of controlling wash down or steam cleaning waste from flowing into the storm sewers. The type of restaurant also impacts its output, e.g., some generate grease, oil and animal fat, which require special containers. 5 of 30
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The current requirements for trash enclosures by local jurisdictions are applied only to new applications, resulting in many outdated, legacies facilities and, without regular inspection, there is no monitoring of maintenance or repair. These areas are high impact areas and the enclosures and bins, dumpsters and cans are subject to heavy use. The Grand Jury found many bins, dumpsters and cans to be in damaged and filthy condition.

Economic forces impact maintenance and overflow conditions. An operator of a restaurant pays for disposal service by volume (size and number of containers) and frequency (number of pickups in one week). Increases in business generate higher volumes so what was working in the past may not be sufficient for the current or future situation. It is logical that operators of food facilities would see added frequency of pickups or added containers as a negative and an expense. This is a financial impact question.

IMPACTS ON THE COMMUNITY
Normal sanitation issues apply; smell, unsightliness and vermin7. Vector Control does not inspect trash or similar areas unless specifically requested. The Grand Jury interviews revealed instances of the presence of rats, mice and raccoons in trash areas and parklets. Insect infestation is also of concern. All this presents a health hazard to the public, the workers at these restaurants, and the trash collectors.

ENFORCEMENT OF EXISTING REQUIREMENTS
The County Health Department inspections do not include the areas outside of the building. The enforcement of the nuisance provisions by local jurisdictions is reactive and only called into play upon a complaint. Oversight of the condition of receptacles (dumpsters, bins, cans) is minimal, at best, and often non-existent.

SPECIAL CASES
Mobile Food Facilities (Food Trucks): The Permit Checklist for food trucks does not mention waste disposal. Food Truck regulation is an evolving body of regulation and should be reviewed at a later date.
https://www.smchealth.org/sites/main/files/file-attachments/20170915_mff_selfinspectionche cklist.pdf?1536778880
Farmer’s Markets: Several markets were visited by Jurors. Only the Farmer’s Market in San Carlos was the subject of an interview. This particular market occurs on a Sunday. It is organized

7 H&S Code 113939. “Vermin” means cockroaches, mice, rats, and similar pests that carry disease.

H&S Code 13939.1. “Vermin infestation” means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw marks, that could result in contamination to the food, equipment, packaging, or utensils.
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by a private company (a community-based organization, CBO) which recruits and manages the individual Farmers and Vendors. The company polices the area at the breakdown of the Market on Sunday afternoon. The city of San Carlos has a street sweeper go over the area on Monday morning. These actions appear to be sufficient as the area was observed to be clean and free from refuse.

Parklets: Like Food Trucks, parklet regulation is evolving and should be reviewed in more detail at a later date. There are currently no separate inspection line items for parklets in the County Health Department checklist. Parklets increased significantly as a result of the Covid-19 pandemic, which have proven efficient and desirable in many areas. At the outset, their construction was not heavily regulated and there were no specific building code requirements for inspection and cleaning under floors. As these facilities have become permanent, building permit requirements have increased. Problem areas identified in our investigation are:

1. Open floor segments can permit food and other waste falling under the floor of the parklet to the street;

2. Many have open side(s) permitting vermin to go under the parklet to feed on scraps;

3. Street drainage (from road crown and gutter flow) can exacerbate the problems of waste under the floor, including leaves and other refuse.

METHODOLOGY
The Jurors made several site visits over a period of eight months and took photographs. The Grand Jury conducted interviews with some officials of some cities and with several San Mateo County officials including the Health Department and Vector Control. A survey was sent to each city/town in San Mateo County.

FINDINGS
F1: Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process.

F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

F3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.

F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems. 7 of 30
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F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin.

RECOMMENDATIONS
R1. By June 30, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, dumpsters and enclosures, and note any needed repair, replacement or cleaning.

R2. By June 30, 2025, the County should amend its Food Facility Checklist to include the entire exterior waste storage area, retention areas and parklets, including flooring and underfloor areas.

R3. By June 30, 2025, the County should require operators/owners of restaurants to have a written diagram of their approved waste storage/retention area posted so the inspector can evaluate the condition of the facilities.

R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.

Note: The Grand Jury is not able to recommend changes to building codes or planning criteria to cities or the County. However, in our review we did find the City of Palo Alto has a publication with clear and comprehensive regulations/recommendations for these areas. “Comprehensive Guidelines for Commercial Trash Enclosures:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/paloalto-trash-enclosure-area-guidelines-march-2017.pdf”

REQUEST FOR RESPONSE
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows:

From the San Mateo County Board of Supervisors, to all Findings and Recommendations.

From the councils for all 20 cities and towns in the County, to Findings 1, 2, 3, 4, 5, and 6 and Recommendation 4.

The governing bodies indicated above should be aware that the comment or response of each governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act.
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RESPONSE REQUIREMENTS
California Penal Code Section 933.05 provides (emphasis added):
(a) For purposes of each subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the port of the finding that is disputed and shall include an explanation of the reasons, therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.

BIBLIOGRAPHY
California Health and Safety Code:
https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=HSC&tocTitle=+Heal th+and+Safety+Code+-+HSC
The following is a representative selection of Municipal Codes relevant to the investigation:
● Daly City:
https://library.municode.com/ca/daly_city/codes/code_of_ordinances?nodeId=TIT8HES A
● Belmont:
https://library.municode.com/ca/belmont/codes/code_of_ordinances?nodeId=CICO_CH1 1HESA
● Hillsborough:
https://library.municode.com/ca/hillsborough/codes/code_of_ordinances?nodeId=TIT8H ESA
● San Mateo (City): https://law.cityofsanmateo.org/us/ca/cities/san-mateo/code/7 ● East Palo Alto Code Enforcement: https://www.cityofepa.org/building/page/codeenforcement 9 of 30
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● San Carlos:
https://www.codepublishing.com/CA/SanCarlos/#!/SanCarlos08/SanCarlos0827.html#8. 27 ● South San Francisco:
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8- chapter_8_16 and
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8 ● Burlingame: https://library.qcode.us/lib/burlingame_ca/pub/municipal_code/item/title_8 ● Pacifica Food Establishments:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE
● Pacifica Garbage:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE_ART1GACO
● Redwood City: RWC has multiple segments of their code that would apply to this topic.

The link to the Code in General is:
https://library.municode.com/ca/redwood_city/codes/city_code?nodeId=REDWOOD_C

ALIFORNIAMUCO
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APPENDIX A
Photographs of exteriors
Figure 1: San Mateo, September 2023
Figure 2: Millbrae, September 2023
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Figure 3: Millbrae, September 2023
Figure 4: Millbrae, September 2023
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Figure 5: Millbrae, September 2023
Figure 6: Millbrae, September 2023
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Figure 7: San Carlos, December 2023
Figure 8: San Carlos, November 2023
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Figure 9: San Carlos, December 2023
Figure 11: San Carlos, October 2023
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APPENDIX B
Survey

1. Please list your name, title or job description and the city/town you represent.

Surveys were sent to managers of the twenty cities and towns in San Mateo County.

Responses were as follows:

City/Town Response Received
Atherton No
Belmont Yes
Brisbane No
Burlingame Yes
Colma No
Daly City Yes
East Palo Alto Yes
Foster City Yes
Half Moon Bay No
Hillsborough Yes
Menlo Park Yes
Millbrae No
Pacifica Yes
Portola Valley No
Redwood City Yes
San Bruno Yes
San Carlos Yes
San Mateo No
South San Francisco Yes
Woodside Yes
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2. What sanitation standards are applied to the garbage/trash areas of restaurants, bars and food services?
Respondents cited the County ordinance code and various municipal codes and standards. One entity had no response and another responded their city/town has no restaurants.

3. What standards are applied to sanitation, trash and street cleaning related to the "parklets" or other outdoor areas used for food service? Most respondents cited state, county or municipal standards. One city noted they have specific regulations for parklets. Another city said they have no standards because parklets are the responsibility of restaurants.

4. What department(s) of the City enforce these standards? Enforcement of standards may be done by:
● County Health
● Building/Fire/Public Works
● Planning & Building, Dept of Water & Wastewater Resources ● Planning
● Public Works
● Police, Code Enforcement
● Engineering Division
● Community & Economic Development. Department

5. Are regular inspections made or is inquiry only made upon complaint? Most responded inspections are complaint-based. A few municipalities conduct regular, periodic inspections.

6. Upon inquiry by the City (either by inspection or complaint) what standards are applied to determination of a violation, or recommendation to an owner? Standards listed included:
● County Health
● Parklet Standards
● Municipal Codes
● California Building Code, California Fire Code, Americans with Disabilities Act (ADA)
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7. What agencies or organizations outside of the City are involved in maintaining standards, such as Recology, Republic Services or South San Francisco Scavenger? ● Recology
● Recology of the Coast
● Greenwaste Recovery
● Republic
● County Health
● No response, but noted there is a city contract with a power washing service and that information is made available to parklet owners
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APPENDIX C
California Health & Safety Code Article 4
Health and Safety Code - HSC, DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] , PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] , CHAPTER 7.

Water, Plumbing, and Waste [114189 - 114245.7]
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104. &title=&part=7.&chapter=7.&article=4
ARTICLE 4. REFUSE
114244.
(a) Each food facility shall be provided with any facilities and equipment necessary to store or dispose of all waste material.
(b) Waste receptacles shall be provided for use by consumers. (c) A receptacle shall be provided in each area of the food facility or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.
114245
(a) An area designated for refuse, recyclables, returnables, and a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a public health hazard or nuisance is not created.
(b) Receptacles and waste handling units for refuse, recyclables, and returnables shall not be located so as to create a public health hazard or nuisance or interfere with the cleaning of adjacent space.
114245.1
(a) All refuse, recyclables, and returnables shall be kept in nonabsorbent, durable, cleanable, leakproof, and rodent proof containers and shall be contained so as to minimize odor and insect development by covering with close-fitting lids or placement in a disposable bag that is impervious to moisture and then sealed. (b) Refuse containers inside a food facility need not be covered during periods of operation.
(c) All refuse shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent the creation of a nuisance. (d) Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.
(e) Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.
114245.2. Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be 19 of 30
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stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.
114245.3. If located within the food facility, a storage area for refuse, recyclables, and returnables shall meet the requirements for floors, walls, ceilings, and vermin exclusion as specified in this part.
114245.4. If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable, and sloped to drain. 114245.5. Receptacles and waste handling units for refuse and recyclables shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.
114245.6.
(a) Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and wastewater shall be disposed of as specified under Section 114241.
(b) Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents. 114245.7.
(a) Except as specified in subdivision (b), suitable cleaning implements and supplies such as high-pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.
(b) If approved, off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.
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APPENDIX D
San Mateo County Inspection Checklist
https://www.smchealth.org/sites/main/files/file-attachments/297097foodestab.pdf Environmental Health
Services Food Program
2000 Alameda
de las Pulgas
Suite #100
San Mateo,
CA 94403
(650) 372-6200 FAX
(650) 627-8244
smchealth.org/food

FOOD FACILITY CHECKLIST
The goal of food safety is to promote health and prevent food-borne disease through education, training and regulation. This checklist reflects areas that are evaluated during a routine inspection. Use this as a guide to improve your facility’s sanitation and compliance with the requirements from the California Retail Food Code.

FOOD RECEIVING YES NO N/A
Raw or frozen raw molluscan shellfish (e.g. clams, mussels, scallops, oysters) properly labeled and labels maintained on site for at least 90 days.

Temperature of live molluscan shellfish at or below 45ºF.

Food only from approved sources.

Potentially hazardous foods delivered at a temperature of 41°F Frozen foods delivered in frozen condition with no evidence of thawing or refreezing.

Food at improper temperature or in unacceptable condition rejected.

Foods, especially refrigerated and frozen foods, placed in proper storage locations promptly.

FOOD STORAGE YES NO N/A
Foods protected from contamination, dirt, vermin, insects, chemicals, etc.

Prepackaged and bulk foods properly labeled.

Food stored at least 6 inches above floor in approved locations within the facility.

Returned and damaged goods stored separate from other items.

Raw meat and fish inside refrigerators and freezers stored below and away from ready-to-eat foods (e.g. salads, produce, beverages).

Foods kept covered while in storage.

Food which becomes contaminated or adulterated is discarded. 21 of 30
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FOOD PREPARATION YES NO N/A
Frozen foods thawed by one of the following methods:
● Under cold running water
● In a refrigerator
● In a microwave
● As part of the cooking process
Hot potentially hazardous foods cooled as quickly as possible by one or more of the following methods prior to placement in a refrigerator or freezer:
● In an ice bath with stirring
● With a rapid cool stirring device
● In a blast chiller
● By adding ice
● In shallow heat conducting pans on ice
● Separating food into smaller or thinner portions

YES NO N/A
Food preparation sinks used only for preparation activities, and not hand washing, janitorial activities, or other uses.

Sulfites not added to potentially hazardous foods.

Potentially hazardous foods shall be thoroughly cooked to a minimum internal temperature of:
● 165°F for poultry, comminuted poultry, game birds, stuffed meats, stuffed pasta, and reheated foods.
● 157°F for ground beef, other comminuted meats, and foods containing comminuted meat. (Or 155°F for a minimum of 15 seconds)
● 155°F for pork.
● 145°F for eggs, food containing raw eggs, and other cooked potentially hazardous food.

FOOD SERVING YES NO N/A
Prepackaged foods properly labeled with common name, list of ingredients, net weight, name and address of manufacturer, etc.

Uneaten food returned from customer is discarded and not reused or reserved.

Self-serve buffets, salad bars, snack counters, bulk food dispensers, and selfserve units. Provide adequate protection for food and utensils from contamination by customers (e.g. sneezing, coughing, and handling).

Tongs, ladles, spoons, etc. used for food service rather than direct contact with hands.
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TEMPERATURE CONTROL/THERMOMETERS YES NO N/A
Potentially hazardous foods kept at or below 41°F, or at or above 135°F.

When cooling or heating potentially hazardous foods, the time spent in the DANGER ZONE (41 °F - 135°F) is kept to a minimum.

Easily readable thermometers (accurate to + 2°F) in the warmest part of each refrigeration and freezer unit.

Metal probe-type thermometer on premise if potentially hazardous food served.

Thermometers are sanitized before and after use, and periodically calibrated. (Employees should be able to demonstrate that they know how to calibrate a probe thermometer)

UTENSIL WASHING/STORAGE YES NO N/A
Utensils protected from contamination, dirt, vermin, insects, chemicals, etc.

Multi-service customer utensils (e.g. plates, glasses, silverware) sanitized by mechanical dish machine as per manufacturer specifications, or if manually washed, sanitized by one of the following methods:
● 100 ppm chlorine for 30 seconds
● 25 ppm iodine for 60 seconds
● 200 ppm quaternary ammonium for 60 seconds
● 180°F water for 30 seconds
Test strips or thermometer available for measuring the method of sanitizing utensils.

YES NO N/A
Three- compartment sink with dual integral drain boards available for utensil washing (except where 2 compartment exemptions is applicable).

Compartments are large enough to accommodate the largest utensil in use.

Utensils are clean and in good repair.

Kitchen and serving utensils are routinely cleaned and sanitized.

Utensils are commercial-grade and meet applicable National Sanitation Foundation (NSF) at CAL CODE standards.

All mechanical dishwashers are provided with dual integral drain boards.

Proper sanitizer and chemical levels, and temperature maintained at all times during operation of dish machines.

Single-service customer utensils used only once and disposed of in a sanitary manner.

Serving utensils (e.g. scoops, spoons, ladles, etc.) for potentially hazardous foods, while in use are kept at or below 41°F or above 135°F, or in a dipper well continually provided with clean water.

TOILET FACILITIES YES NO N/A
Employee toilet facilities provided.

Customer toilet facilities provided where required.
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Tight-fitting self-closing doors provided.

Food, utensils, equipment, supplies, etc., not stored in toilet facilities.

Toilet paper, single-use sanitary towels (or air dryer) and hand cleanser provided from approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Ventilation provided.

HANDWASHING FACILITIES YES NO N/A
Within or adjacent to restrooms and kitchens.

Provided with single service sanitary towels (or air dryers) and hand cleanser from and approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Kept readily accessible at all times
Facilities provided exclusively for hand washing in food prep areas that are sufficient
in number and conveniently located. (construction/remodels on or after January 1, 1996)

CHEMICALS/PESTICIDES YES NO N/A
Properly labeled.

Stored away from food and utensils. Stored in separate enclosure if stored in food preparation area.

Pesticides specifically approved for use within food facilities.

Chemicals, pesticides, hazardous materials properly used. MSDS data available for employees.

JANITORIAL FACILITIES YES NO N/A
Area provided for storage of cleaning supplies and equipment which is separate from food preparation, food storage, utensil cleaning, and utensil storage areas.

Janitorial sink or basin provided with hot and cold water.

Backflow prevention device provided for sink.

Cleaning equipment (e.g. mops, buckets, brooms, etc.) kept away from food and utensils.

LIGHTING YES NO N/A
Minimum intensity of 20 foot-candles (ftc) in food preparation and utensil cleaning areas.

Minimum intensity of 10ftc elsewhere but intensity of at least 20 ftc available during cleaning operations.

Shatter-proof light covers in food preparation, food storage (except where food is in unopened, original containers), and utensil cleaning areas. 24 of 30
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VERMIN/INSECTS YES NO N/A
Facility free of rodents and insects.

Harborage and entrances eliminated. Droppings and dead insects cleaned up.

Facility kept fully enclosed. Entrances protected by tight-fitting, self-closing doors or air curtains. Openable windows protected by screens.

Pest control performed by licensed pest control operator.

GARBAGE/REFUSE DISPOSAL YES NO N/A
Facilities provided for garbage disposal and storage.

Containers are leak proof and rodent proof with tight-fitting lids.

Garbage placed in securely fastened plastic bags before placement in dumpster.

Garbage removed frequently.

WATER SUPPLY YES NO N/A
Water supply from an approved source.

Hot and cold water provided in adequate amounts.

EMPLOYEE HABITS YES NO N/A
Employees wash hands before beginning work, between working with raw food and ready-to- eat foods, after coughing or sneezing, after touching soiled equipment or utensils, after using restrooms, and after engaging in any other activity that contaminates the hands.

Employees wear clean garments or uniforms.

Employees do not use tobacco products where food is prepared, served, or stored, or where utensils are cleaned or stored.

Employees do not work if ill.

Employees have been instructed in safe food handling practices.

Employees routinely check temperatures of potentially hazardous foods during storage, preparation and serving, and check utensil cleaning chemical levels, water temperatures, and water pressures.

EMPLOYEE CHANGE/STORAGE FACILITIES YES NO N/A
Area provided for employee changing which is separate from toilets, food storage, food preparation, utensil cleaning, and utensil storage areas.

PLUMBING YES NO N/A
All sewage and wastewater disposed of to an approved sewer or septic system.

Indirect waste drainage via a floor sink or funnel drain provided for all equipment that discharges wastes (e.g. prep sinks, utensil sinks, steam tables, salad bars, Chinese ranges, ice machines, ice storage bins, beverage machines, steamjacketed kettles, display cases, refrigeration/freezer units, etc.) Indirect waste receptacles readily accessible for cleaning and inspection, and not located inside cabinets.
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Floor drains absent from food storage areas.

Plumbing kept clean, fully operative, and in good repair.

Grease interceptors and septic tanks regularly cleaned out by licensed plumbers.

EQUIPMENT YES NO N/A
Equipment clean and in good repair.

Equipment easily cleanable and meets applicable NSF and the California Retail Food Code standards.

Unused equipment removed from premises.

Approved ventilation/exhaust equipment provided over cooking equipment and high temperature dish machines.

WALLS, FLOORS, CEILINGS YES NO N/A
Floors are smooth, durable, non-absorbent, and easily cleanable in areas where:
● food prepared, packaged, or stored;
● where utensils are cleaned or stored;
● where garbage is stored;
● where janitorial facilities are located;
● in toilet and hand washing facilities;
● in employee change and storage areas.

Floor material extends up the walls and toe kicks at least 4 inches with a minimum of 3/8 inch radius at the wall/floor and wall/toe-kick junctures in all areas mentioned above except where exempted (e.g. where foods are stored in their unopened original containers.

Walls and ceilings smooth must be durable, non-absorbent, and easily cleanable in all areas except where exempted (e.g. dining areas, closed food storage areas, and certain portions of bar areas).

Walls and ceiling finishes light colored in food preparation, utensil cleaning areas, and inside walk-in refrigeration units.

SIGNS YES NO N/A
Official Food Placard must be posted and clearly visible at the entrance of facility.

Valid health permit posted in a conspicuous location.

No Smoking signs posted in food preparation, food storage, utensil cleaning, and utensil storage areas.

YES NO N/A
Hand washing signs posted in toilet rooms.

If facility has sit-down dining, Choking First Aid poster placed where it is readily accessible to employees.
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ADDITIONAL INFORMATION YES NO N/A
Any construction, remodeling, alterations, and the installation of new equipment must be approved by the Health Department before commencing work.

Applicable building and fire codes are met.

Manager certification/ Food handler certifications are available on site.

Tobacco permit available if applicable
COMMENTS/OBSERVATIONS:

Release Date: July 9, 2024
2023-2024 San Mateo County Civil Grand Jury
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CITY OF BRISBANE
Department of Public Works - 50 Park Place
Brisbane Police Department – 147 Valley Drive
Brisbane, CA 94005-1310
September 6, 2024
Hon. Amarra A. Lee
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Subject: Response to 2023-2024 Grand Jury 7/9/24 report, “Restaurant Exteriors: The Neglected Space”
Dear Judge Lee,
Thank you for the opportunity to review and comment on the findings of the Grand Jury. This letter serves as the City of Brisbane’s response to the findings and recommendations found therein. Please note this report was approved by the Brisbane City Council at its September 5, 2024 meeting.

FINDINGS
City Response to F1:

The city agrees with the finding that exterior sanitary conditions of restaurants fall outside current inspections of the County Health Department. The city has not independently conducted the same level of research as the Grand Jury and we are therefore unable to comment on the finding relative to “varying unsatisfactory conditions”.

City Response to F2:

The city agrees with the finding.
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September 6, 2024
Hon. Amarra A. Lee
Grand Jury Restaurant Exteriors Response
2 City Response to F3:

The city disagrees wholly with the finding. As required by Provision C.4 “Industrial and Commercial Site Controls” of the Municipal Regional Stormwater Permit issued to the city by the San Francisco Bay Regional Water Quality Control Board, the city is required to implement a site control program to prevent stormwater pollution. The city conducts regular scheduled inspections of all business that fall under the C.4 definitions (which includes restaurants) and thus, our inspections are primarily proactive.

City Response to F4:

The city agrees with the finding.

City Response to F5:

The city disagrees wholly with the finding. Please refer to our response to F4 above.

City Response to F6:

The city agrees with the finding.

City Response to F7:

The city has no restaurants with parklets, nor have we independently conducted the same level of research as the Grand Jury. Based on the Grand Jury’s report, we agree with the finding. 29 of 30
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September 6, 2024
Hon. Amarra A. Lee
Grand Jury Restaurant Exteriors Response
3 RECOMMENDATIONS
City Response to R4:

The recommendation was implemented prior to the issuance of this Grand Jury Report. Brisbane Municipal Code §8.25.040 reads as follows:

8.25.040 Requirements for commercial businesses.

Generators that are commercial businesses, including multi-family residential dwellings, shall:

A. Subscribe to city's three-container collection services and comply with requirements of those services as described in subsection B below, except commercial businesses that meet the self-hauler requirements in Section 8.25.090 of this chapter. City and its designee shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city or its designee.
(highlighting added for emphasis)
Please call me at (415) 508-2131 if there are any questions regarding this matter.

Very truly yours,
Randy L. Breault, P.E.

Director of Public Works/City Engineer
Cc: Grand Jury website (sent via email to [email protected] ) Brisbane City Clerk
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File Attachments for Item:

H. Approve Response to Grand Jury Report on the State of Compost Compliance in San Mateo County
55 CITY COUNCIL AGENDA REPORT
Meeting Date: September 5, 2024
From: Adrienne Etherton, Sustainability Manager
Subject: Grant Jury Report, “The State of Compost Compliance in San Mateo County”
Purpose
To give Council the opportunity to provide comments on the findings and recommendations of the Grand Jury report on compost compliance.

Recommendation
Provide input on the draft comment letter prepared by staff.

Background
No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body . . . In any city and county, the mayor shall also comment on the findings and recommendations.

Fiscal Impact
There is no direct fiscal impact envisioned to the city due to providing the required response.

Measure of Success
A response within the timeframe required by state law.

Attachments

1. Grand Jury Final Report – release date of July 11, 2024

2. Draft September 6, 2024 city response letter
___________________________________
Adrienne Etherton, Sustainability Manager
___________________________________ ___________________________________ Randy Breault, Public Works Director Jeremy Dennis, City Manager 1 of 59
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September 6, 2024
Hon. Amarra A. Lee
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Subject: Response to 2023-2024 Grand Jury 7/11/24 report, “The State of Compost Compliance in San Mateo County”
Dear Judge Lee,
Thank you for the opportunity to review and comment on the findings of the Grand Jury. This letter serves as the City of Brisbane’s response to the findings and recommendations found therein. Please note this report was approved by the Brisbane City Council at its September 5, 2024 meeting.

FINDINGS
F1. High green cart enrollment costs and insufficient bin space are the dominant contributors to low participation rates among multi-family dwellings and businesses.

Response to F1. The City disagrees with this finding. Virtually all Brisbane accounts have the required service or an approved waiver. The City and Hauler work with multi-family dwellings and businesses on waste analysis to determine reduced size of grey cart for landfill if green bin is added, therefore reducing the cost and ensuring compliance with SB 1383 requirements. Regarding insufficient cart space, there is an option to waive green cart enrollment with a Physical Space Waiver for accounts that demonstrate that the premises lacks adequate space for the collection containers; Brisbane has received no such requests.

F2. Green bin contamination among compliant multi-family dwellings and businesses prevents them from diverting more organic waste.

Response to F2. The City agrees with this Finding; correct sorting at the source does maximize diversion. If there is significant contamination, the cart/bin is tagged and not serviced, which encourages re-sorting at the source. In the case of minimal contamination, our hauler’s de-packaging system can assist in extracting organic materials.

F3. City, County, and RethinkWaste compliance outreach efforts for multi-family dwellings and businesses could improve because a significant portion of these properties remain non-compliant.

City of Brisbane
Department of Public Works
50 Park Place
Brisbane, CA 94005-1310
(415) 508-2130
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Response to F3. The City partially disagrees with this Finding. Extensive outreach has previously been conducted and resulted in virtually all accounts having required service or an approved waiver. The City is shifting the focus of our education and enforcement to proper sorting.

F4. Multi-family dwellings and businesses produce a significant amount of the County’s organic waste.

Response to F4. The City agrees with this Finding.

F5. Citizens cannot conveniently access reliable diversion and participation rates because JPAs and cities do not make the information available on their government websites.

Response to F5. The City agrees with this Finding. CalRecycle staff confirmed there is no requirement for jurisdictions to provide this information on their own websites. CalRecycle’s website provides jurisdictional data including diversion rates. If the City had received requests for diversion and participation rates by citizens, the City would have provided the data to them. We will make data available on City website per R4 below.

F6. Assessing progress on organic waste diversion in Atherton, Brisbane, Millbrae, Pacifica, San Bruno, South San Francisco, and Woodside is difficult because they and their haulers do not separate waste tons by property type on their annual or quarterly reports.

Response to F6. The City partially disagrees with this Finding. Progress can be assessed in different ways, and CalRecycle does not require reporting by property type. The hauler tracks progress using lid flipping to monitor contamination levels, participation rates across the entire customer base, and overall diversion by tonnage across all waste streams.

F7. An alternate and reliable method to separating waste tons by property type would be analyzing contamination statistics from route audits and waste evaluations.

Response to F7. The City has not conducted the same level of research as the Grand Jury, but agrees with this Finding. Lid flipping has been the primary way to identify contamination. Our hauler is currently sampling organic waste streams for contamination, and they follow up with any generators that have contamination.

F8. Brisbane, South San Francisco, and Millbrae cannot properly track their waste trends since their hauler and contractor have contradictory diversion rate formulas and tonnage measurements.

Response to F8. The City disagrees with this Finding. The methodology of calculating diversion rate as reported in the EAR (Electronic Annual Report) is as required by the State of California and has been used consistently so trends over time can be observed. The tonnage the hauler collects and diverts feeds into the jurisdiction diversion rate calculated in the EAR. Since the Grand Jury used a completely different formula, it is to be expected that they would have a different result.
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RECOMMENDATIONS
R1. Beginning March 1, 2025, cities, the County, and RethinkWaste should host regular in person green cart enrollment summits for non-compliant businesses and multi-family dwellings, and identify other new compliance strategies.

Response to R1. The recommendation will not be implemented. The City already has virtually all businesses and multi-family dwellings either enrolled in service or with an approved waiver on file. The hauler also goes directly to the generator’s site to make hands-on recommendations and provide education.

Response to R2. The recommendation has been implemented. It has been verified that the haulers scales are accurate.

R3. By July 1, 2025, Brisbane, South San Francisco, and Millbrae should begin using the simpler diversion rate calculation the report mentioned or develop a contingency plan if their hauler’s scales are inaccurate.

Response to R3. The recommendation will not be implemented. Brisbane will continue to use the Electronic Annual Report’s diversion rate calculation employed by Edgar & Associates and previously subject to review and approval by CalRecycle.

R4. Beginning November 30, 2024, cities should publish quarterly or annual waste reports with diversion and participation rates on their government websites.

Response to R4. The recommendation will be implemented. The City will post annual diversion and participation rates from our Electronic Annual Report required by CalRecycle on the City’s website by November 30 each year.

R5. Beginning December 31, 2024, cities should separate waste tons and diversion rates into the three (or two) property types (business, residential, multi-family) in their annual or quarterly reports.

Response to R5. The recommendation will not be implemented. CalRecycle does not require reporting by property type, and all waste generators that are non-compliant or contaminate waste streams are targeted individually. To be efficient (minimizing the number of trucks on the road, traffic, vehicle miles travelled and emissions) collection truck routes necessarily include multiple different property types. Therefore, the only way to separate by property type would be to estimate based on the volumes of bins distributed to customers.

Furthermore, there is a significant grey area in making the determination between commercial vs. multifamily vs. residential; for example, mixed-use properties with retail on the ground floor and housing above.

R6. Starting April 1, 2025, cities that cannot separate waste tons and diversion rates by property type should conduct waste evaluations on highly contaminated routes more often.

Response to R6. The recommendation has been implemented. The hauler conducts waste reviews and revisits 4 of 59
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problem addresses. The hauler has found commercial front load bins for organics and recycling to be most problematic and therefore has focused on this type.

R7. Starting May 1, 2025, cities that cannot separate waste tons and diversion rates by property type should analyze problematic routes’ past and present contamination trends to track their progress.

Response to R7. This recommendation has yet to be implemented but will be implemented in the future. We will work with our hauler to analyze problematic routes’ past and present contamination trends to track their progress starting May 1, 2025 or earlier.

R8. By February 1, 2025, jurisdictions should develop and implement new ways to make green bins usable in multi-family dwellings’ and businesses’ narrow or small waste enclosures.

Response to R8. This recommendation will not be implemented. Brisbane has achieved full compliance with regard to collection containers and has had no requests for physical space waivers, indicating that the existing bins are meeting the needs in our jurisdiction. The hauler provides various sized bins for organic waste, including various sized carts (32gal – 96gal) and front-end load style (1yd – 4yd). For multi-family dwellings, hauler also provides small kitchen pail to help with transport of organic waste to make the green bins more usable.

Please call Director Breault at (415) 508-2131 if there are any questions regarding this matter.

Very truly yours,
Randy L. Breault, P.E.

Director of Public Works/City Engineer
Cc: Grand Jury website (sent via email to [email protected]) Brisbane City Clerk
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2023-2024 SAN MATEO COUNTY

CIVIL GRAND JURY

THE STATE OF COMPOST COMPLIANCE IN

SAN MATEO COUNTY
ATTACHMENT 2
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ISSUE
California regulations adopted pursuant Senate Bill 1383 (2016) mandate separating compostable materials like food waste from garbage to reduce methane emissions. How effective has San Mateo County been at meeting composting goals, and what can be done to improve?

SUMMARY
Starting January 1, 2022, regulations adopted pursuant Senate Bill 1383 (2016) required California businesses and residents to participate in organic waste collection. According to a 2022 San Mateo Daily Journal article, 70% of Burlingame’s businesses and multi-family dwellings did not have organic waste collection services. San Bruno had 86% of businesses and 45% of multi-family dwellings without organic waste collection (Browning 2022). From December 2023 to April 2024, officials were interviewed and data was collected from the County, cities, the RethinkWaste Joint Powers Authority (JPA), and haulers to assess current compliance.

A statewide goal is to reduce 75% of organic waste disposal from 2014 levels by 2025. Disposal means sending all waste, organic, recyclable, or trash, to the landfill. Diversion means sending organic waste or recyclables to conversion centers, where they become compost, mulch, or consumer recycled content, as opposed to sending them to landfills. Any stand-alone references to diversion in this report refers to converted organic waste and recycling combined. “Organic waste diversion” only refers to only converted organic waste. This report’s goal is to identify where consumers and producers are failing to fully contribute to organic waste diversion consistent with their abilities.

The report’s recommendations are that the responsible local public entities implement solutions to increase organic waste participation and diversion rates. Notably, jurisdictions should have begun penalizing generators for non-compliance beginning January 1, 2024 (California Public Resources Code § 42652.5 (2022)). Most multi-family dwellings and businesses in San Mateo County have lower organics collection enrollment compared to single-family homes. High enrollment rates for all three property types, however, do not necessarily result in high diversion rates and more organic waste in the waste stream. For example, in 2023, Foster City’s multifamily dwellings had a 98.81% participation rate; but, organics made up only 5.49% of total waste (Recology San Mateo County 2024, 2023).

There are several reasons behind multi-family dwellings and businesses having low participation and diversion rates. Green cart enrollment costs, and insufficient space for the three-cart system are the largest factors. Contamination brought about by improperly sorting organics into bins 7 of 59
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also plays a role. In some multi-family dwellings, trash chutes do not offer an opportunity to sort and appropriate bins are not conveniently located. Further, local governments cannot reliably assess their progress on Senate Bill (SB) 1383 compliance because JPAs, haulers, and cities have different data reporting formats. And residents and the press must retrieve waste statistics from haulers because most cities do not have or post them.

To address these problems, the Grand Jury recommends that:

1. Cities, the County, and RethinkWaste should host monthly in-person green cart enrollment summits for non-compliant businesses and landlords and develop and implement other compliance strategies.

2. Jurisdictions should develop and implement new ways to make green bins usable in multi-family dwellings’ and businesses’ narrow or small waste enclosures.

3. To increase transparency and accountability, cities and the County should regularly publish waste reports with diversion and participation rates on their government websites.

BACKGROUND
On September 19, 2016, Governor Jerry Brown signed Senate Bill 1383 to reduce California’s methane emissions. This law classifies any person or entity responsible for creating organic waste as an “organic waste generator” (Short-Lived Climate Pollutants, Cal. Code Regs. tit. 14, § 18982 (2020)). Generators must comply with the law by subscribing to their jurisdiction’s organic waste collection service or self-hauling organic waste (§ 18984.9 (2020)). If residents or businesses do not subscribe or self-haul, “a jurisdiction shall impose penalties for violations” ranging from $50-$500 depending on one or more infractions (§ 18997.2 (2020)). SB 1383 defines jurisdictions as “a city, county, a city and county, or a special district that provides solid waste collection services.” (§ 18982 (2020)).

The new law builds on previous solid waste management legislation. Assembly Bill 939 was the first law of its kind to provide a solid waste diversion goal for cities and counties. Each jurisdiction had to divert 50% or more of solid waste from the landfill starting January 1, 2000 through source reduction, recycling, and composting (Cal. Pub. Res. Code § 41780 (1989)). SB 1016 later replaced Assembly Bill (AB) 939 with a per capita disposal rate equivalent to the 50% annual diversion rate (§ 41780.05 (2008)). In 2011, lawmakers directed businesses that generate four or more cubic yards of commercial solid waste weekly and multifamily dwellings of five units or more to recycle (§ 41780.05).
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Equation 1. Diversion Rate
[(R+O)/(R+O+S)] * 100 = Diversion Rate %
R: Recycling tons, O: Organic tons, S: Solid Waste tons (Sources: Republic Services 2024a and 2024b, Recology San Mateo County Q4 2023 Report, GreenWaste 2023)
California passed SB 1383 to tackle the pervasiveness of organic and recyclable waste in landfills. In 2021, CalRecycle estimated landfill composition to be 28.4% organic waste (11,305,710 tons), 15.5% paper (6,193,825 tons), and 13.7% plastic (5,445,299 tons) (2022a).

Failing to divert the majority of reusable materials has polluted the environment Californians share. From August 2016 to October 2018, landfills were the largest source of methane, contributing 41% of point source emissions (California Air Resources Board 2019). California’s track record on recycling and waste emissions has not improved over the years either, as emissions have increased by 24.4% since 2000 (CARB 2023). If mandatory organic waste collection successfully diminishes landfill emissions, it will support the struggle against climate change.

SB 1383 aims to reduce 75% of organic waste disposal from 2014 levels by 2025 (Cal. Health & Safety Code § 39730.6 (2016)). Signing up for a green composting bin is a key to achieving this goal. Jurisdictions that do not have the standard three-cart system of garbage (usually gray, brown, or black cart), recyclables (blue cart), and organics (green cart) can still participate under certain conditions. For example, a two-cart system with only blue and gray carts can have the latter contain organics and garbage. Haulers must deliver the mixed waste gray carts “to a facility that meets or exceeds the organic waste content recovery requirements…” (Cal. Code Regs. tit. 14, § 18984.2 (2020)).

Of the 20 cities in San Mateo County, the state orders 18 to comply with SB 1383. CalRecycle issued a low-population waiver to Colma and Portola Valley on January 1, 2022 (n.d1.). They are exempt from enforcing both laws, and were not interviewed for this report.

An earlier investigation on the conditions of landfill capacity inspired this report. In the 2018- 2019 Grand Jury year, jurors released the report “Planning for the County’s Waste Management Challenges.” They used data from a 2014 CalRecycle analysis to note that organic waste comprised 71% of all waste sent to the landfill in the County (SMC Civil Grand Jury 2019).

Additionally, Republic Services, which operates Ox Mountain Landfill, projected that the landfill would close by 2034 based on disposal rates (2019). Although the report highlighted the connection between SB 1383 and landfill capacity, jurors geared their recommendations predominantly on revising the County Integrated Waste Management Plan. This 2023-2024 report: “The State of Compost Compliance in San Mateo County” is different. It examines how 9 of 59
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increasing composting participation in multi-family dwellings and businesses can contribute to solving the landfill problem.

Economic Factors Impacting SB 1383 Progress
On September 8, 2022, Shereen D’Souza, former CalEPA (California Environmental Protection Agency) Deputy Secretary, told the Milton Marks Commission that the state missed its 2020 recycling goal. Ms. D’Souza referred to the 50% reduction in organic waste disposal from 2014 levels by 2020 under Health & Safety Code § 39730.6 (2016). This goal was the precursor to the current 75% organic waste disposal reduction from 2014 levels by 2025 described above. The Deputy Secretary remarked, “Until this year, CalRecycle’s regulations to meet the organic waste reduction targets were not enforceable” (D’Souza 2022). She adds, “So, it makes sense that the 2020 diversion rate required in 1383 was not met” (2022).

In the same interview, former CalRecycle Director, Rachel Machi Wagoner, described how far California missed the mark. Ms. Wagoner said, “As a matter of fact, in 2020, we were roughly a million tons over our 2014 baseline” (2022). Businesses and residents sent more organics to landfills in 2020 than six years prior. It might be assumed that the COVID-19 pandemic pushed Californians to consume more than usual at home given the lockdowns. Yet, 2020 was also a recessionary year, which decreased some workers’ incomes.

Industrial production and civilian consumption rates are the most consequential causes of landfill pollution. CalRecycle observed that “a strong correlation between disposal and economic growth” prevails (2020). In 1989, California’s GDP “was $0.72 trillion” and “statewide traditional landfill disposal was 44 million tons” (CalRecycle 2020). In 2018, California’s GDP “rose to $3 trillion” (CalRecycle 2020), while landfill and “disposal-related activities” (see Glossary) climbed to 46,255,505 tons (CalRecycle 2024). 10 of 59
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Source: Real Gross Domestic Product: All Industry Total in California (CARGSP) | FRED | St.

Louis Fed
During the Great Recession (2007-2009), landfill disposal plummeted by 20.7% in California (CalRecycle 2020). In 2020, the state’s overall disposal (landfill added to disposal-related activities) tonnage fell by 7.46% when compared to the 2019 peak (CalRecycle 2024). Per capita disposal rates, and by extension overall disposal, have risen in the state since 2014 (2024). As the chart and table below illustrates, the timing of SB 1383 enforcement appears to not have a significant impact on California reaching its 2020 objective. Curiously, the 2020 surge of organic waste in landfills occurred while overall disposal fell. 11 of 59
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Sources: 2018 State of Disposal and Recycling in California, State of Disposal and Recycling Report 2021, State of Disposal and Recycling Report 2022; note, values are found in Appendix 1, Figure 2 or 3 on each report
Table 1. State Compost Tonnages and Percentage of Overall Waste 2018-2022 2018 2019 2020 2021 2022
% of total
waste
12% 12.28% 12.3% 12.41% 14.73%*
Compost
Tons
≈9,312,000 9,522,164 9,522,164 9,522,164 ≈11,200,00
0*
Sources: 2018 State of Disposal and Recycling in California, 2019 State of Disposal and Recycling and Exports in California, State of Disposal and Recycling Report 2020, State of Disposal and Recycling Report 2021
*Jurors could only find evidence of this number through an Associated Press (California is forging ahead with food waste recycling. But is it too much, too fast?) article, which cited Rachel Wagoner. The State of Disposal and Recycling Report 2022 offers a combined amount for “Source Reduction, Recycling, and Composting,” but not for its individual components. 12 of 59
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Overall disposal tonnages throughout the 2006-2022 period have not increased alongside the population. Again, waste deposited at landfills fell 20.7% during the Great Recession in spite of the population growing by 1.56% (CalRecycle 2020; California Department of Finance 2012).

Even more peculiar is that overall disposal hit rock bottom in 2012, shedding 2.58% of its 2009 volume (2020). Nonetheless, the state’s 2012 population rose by 2.59%, an inverse of landfill trends, from its 2009 value (California Department of Finance 2022, 2012). Since population growth and SB 1383 implementation inadequately explain waste patterns, macroeconomic events are the significant factor governing waste generation. A former CalRecycle executive has expressed concern over this fact and opined which economic actors spawn the most waste.

Sources: 2018 State of Disposal and Recycling in California, State of Disposal and Recycling Report 2021, State of Disposal and Recycling Report 2022, E-4 Population Estimates for the State, 2001–2010, E-4 Population Estimates for the State, 2011–2020, E-4 Population Estimates for the State, 2021–2024
Note: Population figures are for January 1 of each year according to the California Department of Finance
Former CalRecycle Director Rachel Machi Wagoner issued an urgent warning in the agency’s “State of Disposal and Recycling in California for Calendar Year 2020” report. Ms. Wagoner blamed “an economy driven by resource extraction and single-use disposable products” for California being on track to miss its 75% recycling goal by 2025 (CalRecycle 2021). She 13 of 59
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claimed, “Consumers placing items in the right bin alone will not solve systemic problems like unrecyclable product designs and a lack of end markets for complex materials” (2021). A solution the Director proposes is getting “local and private partners” to efficiently collect and remanufacture the goods “California produces and uses” into new commodities (2021).

Wagoner’s call for reaching the 2025 target focuses on getting manufacturers to sell goods with recyclable content. Annual reports from CalRecycle partially support this statement because manufacturers generate the highest proportions of refuse.

Businesses and multi-family dwellings with five or more units produce more landfill waste than residential properties statewide. For the last three and a half years, 47% to 50% of all refuse in the state originated from the commercial sector (CalRecycle 2024). Self-haulers contributed 20% of garbage. Residential properties contributed 30% to 33% (2024). An important distinction is that the California Code of Regulations labels multi-family dwellings of less than five units as residential areas (§ 18982 (2020)). Multi-family dwellings with five or more units, then, fall under the commercial category.

Source: State of Disposal and Recycling Report 2022; * = Data from Q3 and Q4 2019 only 14 of 59
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METHODOLOGY
Interviews
The Civil Grand Jury interviewed officials from nine cities: Atherton, Brisbane, Daly City, Half Moon Bay, Millbrae, Pacifica, San Bruno, South San Francisco, and Woodside.

Instead of interviewing the nine remaining cities directly, the Grand Jury spoke with an official from the RethinkWaste JPA. Each city has one council member on the Board of Directors (RethinkWaste n.d. (no date)). Jurors interviewed San Mateo County twice to gather information on unincorporated areas outside and inside the RethinkWaste service area. Lastly, three haulers were interviewed (Republic Services, Recology of the Coast, and Recology San Bruno) because their cities had incomplete data.

Online Public Documents
The CalRecycle and California Air Resources Board websites provided the state’s most recent recycling rates and landfill composition. RethinkWaste was the only public entity that disseminated diversion rates for cities and a few unincorporated areas on their agency website.

This jurisdiction provided calendar year quarterly records and diversion rates separated by the three property types (single-family, multi-family dwellings, and businesses). This makes comparing performance across cities straightforward.

Private Electronic Documents
During the investigation, various documents unavailable online were collected. These resources included diversion rate tables, participation rate tables, sample citations, waivers, and noncompliance notices from 2022 to 2023. The Grand Jury asked haulers, city governments, and the County government permission to use this data. Some differences were noted in the ways cities ask haulers to collect data, which made it difficult to compare jurisdictions. A few haulers combine multi-family dwellings’ participation rates with either single-family homes or commercial properties. Other haulers furnish quarterly reports over fiscal years instead of calendar years.

DISCUSSION
The County’s political, legal, and economic organization largely account for the contrast in diversion and participation rates among the three property types. Based on the 2022 1-Year American Community Survey, 729,181 people live in San Mateo County, down 4.61% from 2020 (U.S. Census Bureau 2022a). Yet, U.S. Census Bureau population estimates for Woodside 15 of 59
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and several unincorporated areas were unavailable in 2021 and 2022. California’s Department of Finance includes these jurisdictions for its January 1, 2024 estimates, putting the total County population at 741,565 people. 61,538 of these residents live in unincorporated communities, and they could be the County’s fifth largest city (2024). This large number of unincorporated residents poses a challenge to County waste management.

Source: E-1 Cities, Counties, and the State Population and Housing Estimates with Annual Percent Change — January 1, 2023 and 2024
Two special districts and one JPA unite geographically adjacent public agencies to coordinate and plan for waste management. The South Bayside Waste Management Authority (SBWMA), known as RethinkWaste, has 11 member agencies spanning from Burlingame to East Palo Alto.

Each city and grouping of unincorporated areas share a single hauler and transfer facility despite having separate franchise agreements. On the coast, the Granada Community Services District (GCSD) and the Montara Water and Sanitary District (MWSD) follow a similar pattern for unincorporated areas exclusively. Jurors will cover these institutions in the next subsection.

Multi-family dwellings and single-family homes have unequal responsibilities for organics collection enrollment and proper waste disposal. Residents of single-family homes and multifamily complexes of less than five units individually subscribe to their jurisdiction’s organic waste collection service. In contrast, multi-family dwellings owners or managers are 16 of 59
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responsible for enrolling in organic waste collection services on behalf of tenants and employees.

Multi-family dwelling and business owners “must supply and allow access to an adequate number, size, and location of containers” with the correct labels or colors (CalRecycle n.d3.).

Furthermore, they must annually educate tenants and employees on proper organic waste sorting.

Lastly, owners or managers must distribute information to new tenants within 14 days of occupying the premises (n.d4.).

Cities have pursued a policy of maximizing single-family homes’ participation rates.

Homeowners in every San Mateo County city benefit from having blue and green carts included in the price of garbage collection (Table 2 links). Unfortunately, tenants countywide do not have green carts included in the price of garbage collection, except in San Bruno (Table 2 links).

Hence, rental property owners or managers must add a green cart for the same or discounted price as their gray cart. This barrier to participation poses another threat to the county’s waste diversion efforts.

San Mateo County’s tenants play a decisive role in diverting as much waste as possible. In 2022, renters in San Mateo County made up 38.77% (278,126 out of 717,387) of the total population in occupied housing units (U.S. Census Bureau 2022b). Five cities have an owner-occupied population proportion less than the current state baseline of 58.27%. Another seven cities have an owner-occupied population proportion less than the national average of 68.37% (U.S. Census Bureau 2022b). The County’s substantial renter population indicates their waste disposal practices and green cart participation can either enhance or counteract homeowners’ or businesses’ diversion endeavors. Although cities can be commended for expediting green cart enrollment for homeowners, they could have worked with haulers to make tenant organic waste collection easier.
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Sources: 2022 1-Year ACS Data: U.S. Occupied Housing Unit Populations, 2022 1-Year ACS Data: California Occupied Housing Unit Populations, 2022 5-Year ACS Data: City Occupied Housing Unit Populations
* = ACS 1-Year Estimate; all other values are from vintage year 2022 from the ACS 2018-2022 5-Year Estimate. See the link for explanation: When to Use 1-year or 5-year Estimates Note: Again, Woodside does not appear on either the 1-Year or 5-Year ACS San Mateo County’s Waste Management Landscape
Most haulers currently have franchise agreements with JPAs, cities, and the County to collect, transport, and dispose of waste. Franchise areas consist of municipalities or special districts that use their bulk purchasing power to negotiate waste collection rates with a hauler (SMC Sustainability Department n.d. (no date)). Each of the franchised haulers also operate in unincorporated areas as part of or apart from existing agreements. Kunz Valley Trash has a nonexclusive franchise agreement with San Mateo County (n.d2.), and alongside Peninsula Sanitary Service, Inc., operates solely in unincorporated communities. The following table lists the six haulers operating in San Mateo County, along with their properties. All haulers offer the full range of waste collection; Kunz Valley Trash clients do not have bins and instead must place their waste in bags (n.d1.).
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Table 2. Haulers Serving San Mateo County Cities
Legend: * = Unincorporated areas or Special Districts; Bold = Haulers’ local affiliates Haulers Areas Served* Properties Franchise Agreements
(Sources: SMC
Sustainability
Department:

Curbside Collection,
GreenWaste Service
Areas)
Atherton
Portola Valley
Woodside
Los Trancos Woods*
Sky Londa*
Our Facilities -
GreenWaste
Atherton 2020
Woodside 2019
Kunz Valley Trash
(Sources: Kunz
Valley Trash:

Services, Kunz
Valley Trash
Service Guide)
La Honda*
Loma Mar*
Pescadero*
San Gregorio*
Each place is exempt
from SB 1383 because
of a low-population
waiver for census tract
6138 (San Mateo
County 2021)
Non-Exclusive with San Mateo
County (Pending Publication)
(Sources: SMC
Sustainability
Department:

Curbside Collection,
PSSI: What Belongs
in Each Container)
Stanford Lands*
(includes the SLAC
National Accelerator
Lab)
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(Sources: SMC
Sustainability
Department:

Curbside Collection,
About The Program
– RethinkWaste)
Coast:

Granada Community
Services District*
Montara Water &
Sanitary District*
Pacifica
San Bruno:

San Bruno
San Mateo:

Ladera*
RethinkWaste JPA*
San Bruno
Transfer
Station
Granada Community Services
District 2018
San Bruno 2023
Montara Water and Sanitary
District 2013
RethinkWaste Agreements
(Sources: SMC
Sustainability
Department:

Curbside Collection,
Republic Services
Daly City:

Recycling and
Trash)
Daly City:

Broadmoor*
Colma
Daly City
Olympic Country Club*
San Bruno Mountain
Park*
Unincorporated Colma*
Half Moon Bay:

Half Moon Bay
Corinda Los
Trancos
Landfill
Newby Island
Daly City 2015
Half Moon Bay 2017
(Sources: SMC
Sustainability
Department:

Curbside Collection,
South SF Scavenger
Residential)
Brisbane
Brisbane Quarry*
California Golf Club*
Country Club Park*
Millbrae
South San Francisco
SFO*
SFO - Census tract
9843 - is exempt from
SB 1383 (San Mateo
County 2021)
Blue Line
Transfer
Station
Brisbane 2019
South SF 2013
RethinkWaste covers the most area and population out of all County entities dedicated to waste management. The organizational chart below names the 11 member agencies. The West Bay 20 of 59
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Sanitary District provides waste collection to a handful of accounts in Atherton, East Palo Alto, Menlo Park, Woodside, and Portola Valley (n.d.). RethinkWaste and San Mateo County are the only public entities that own transfer stations - Shoreway Environmental Center and Pescadero Transfer Station, respectively (RethinkWaste n.d., SMC Sustainability Department n.d.).

Chart 1. RethinkWaste Member Agencies and Contractors
Sources: About – RethinkWaste, Curbside Collection - SMC Sustainability Department Cities and their Properties’ Organic Waste Streams
Historically, businesses have generated more refuse than homeowners in the County, even though the latter produces more waste overall. During and after the COVID-19 pandemic, however, single-family homes made more refuse and overall waste than businesses. From 2011- 2019, homeowners in the RethinkWaste JPA diverted more organic waste tons than garbage tons sent to the landfill (Recology San Mateo County 2024, 2023, 2021). The bar chart below also demonstrates that homeowners have continuously recycled more than businesses. In 2020 and subsequent years, though, residences still diverted more waste in spite of overtaking businesses Member Agencies
Contractors
County Franchised Area
Baywood Park (Crystal Springs area),
Burlingame Hills, Devonshire Canyon, San
Mateo Highlands, Sequoia Tract, Trailer
Rancho, Emerald Lake Hills, Harbor
Industrial, Kensington Square, Oak Knoll,
Peninsula Golf Club, and Palomar Park
County Service Area 8 (North Fair
Oaks)
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in trash sent to landfill. Employees from Republic Services and RethinkWaste were interviewed to explain why this area of the County has this trend and how it differs from other regions.

Sources: Recology San Mateo County Q4 2023 Report, Recology San Mateo County Annual Report 2022, Recology San Mateo County Annual Report 2020 Note: Atherton was a member of RethinkWaste until January 1, 2021; years before 2021 include their tonnages.

RethinkWaste homeowners have higher diversion rates and refuse tons compared to businesses because of takeout and yard waste tonnages. A RethinkWaste representative explained, “We still have a lot of people working from home. We have a lot of businesses that continue to be remote and… are not fully staffed in the way that they were pre-pandemic” (2023). This comment partly reflects two phenomena shown on the chart above. First, it aligns with businesses diverting increased amounts of organic waste throughout the 2010s, only for tonnages to fall in 2020.

Second, it accounts for the record organic waste diversion homeowners contributed in 2020.

Expanding on the RethinkWaste view, businesses constantly diverted more organic waste throughout the 2010s because people ate at restaurants more often. Similarly, falling unemployment rates during the period (U.S. Bureau of Labor Statistics 2024) meant more workers ate lunch at their jobs. Once more, the chart displays both factors at work because businesses have been steadily increasing their tons of diverted organic waste post-pandemic. As for the homeowners, the unprecedented organic waste diverted in 2020 probably came from 22 of 59
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increased takeout from eateries and bulk purchases from grocery stores. It is obvious these activities existed before the pandemic, but food consumption alone does not explain why singlefamily homes eclipse businesses in regard to organic waste.

Yard trimmings inflate the weight of organic waste for single-family homes in the RethinkWaste JPA and other cities on the bay compared to coastal communities. This was noted by an official from Republic Services - a hauler covering Daly City, Colma, and Half Moon Bay. The official noted, “Even though more residents are participating in recycling, ... [Daly City does] not have the yards that, let’s say, a San Mateo or a Redwood City house [does]” (2024). The interviewee resumed, “Because diversion is calculated based on weights, they don’t have that yard waste, the grass clippings and stuff that add a lot of weight to the material” (2024). Daly City’s 2023 waste statistics support this claim, as recycling, rather than organics, is the majority of diverted material. Half Moon Bay’s single-family homes probably have greater lawn space than Daly City since the opposite is true.

Sources: Republic Services Half Moon Bay Q4 2023 Report, Republic Services Daly City Q2 FY 2023-2024 Report
*Daly City’s data is from Q1 and Q2 of fiscal year 2023-2024 (July 1, 2023 to January 30, 2024) Note: Data for both cities are not publicly available. Jurors received the information from Republic Services.
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A lack of lawns, gardens, or yards among certain single-family homes does not mean they are stuck with low diversion rates. The Republic Services official made an observation that can apply to all property types, regardless of green space dimensions. Our interviewee stressed that cities “can throw [green] carts out at everybody,” but residents may not use them or contaminate the cart “so much that it becomes trash” (2024). Single-family homes can improve their current organic waste diversion practices just like their counterparts in multi-family dwellings.

Nevertheless, Atherton, Portola Valley, and Woodside have an easier job hitting higher diversion rates because of their huge green spaces. Moreover, they are the only cities with a high diversion organic waste processing facility thanks to their hauler’s two-cart system (GreenWaste n.d.).

The table below, however, shows that neither green spaces nor a two-cart system recover all organics. Each city has 100% participation in commercial and residential accounts due to the two-cart system, which allows food and refuse in gray carts. An employee from the town of Woodside acknowledged that people “... could be putting food waste into the yard trimmings,” but if they follow the process, “there shouldn’t be contamination” (2024). Likewise, the composting facility may have “residuals that don’t compost and those go to the landfill” (2024).

A similar scenario would be waste at the materials recovery facility (MRF) that is not recyclable or compostable, which also gets sent to the landfill.

Table 3. Diverted Organic Waste and Trash: Atherton, Portola Valley, and Woodside 2023 Atherton Portola Valley Woodside
Trash 1,232.14 tons 1,996.72 tons 2,112.81 tons
Food Waste
Composted
1,581.16 tons 2,649.88 tons 2,799.38 tons
Trash 94.77 tons 1.24 tons 20.35 tons
Yard Waste
Composted
9,381.98 tons 123.4 tons 2,014.71 tons
Source: GreenWaste Annual Summary 2023
Legend: Green = Green Cart Contents, Gray = Gray Cart Contents The exact percentage of yard trimmings or food waste that became trash due to contamination is unknown. But, improper waste sorting is a possibility even in communities with predominantly single-family housing. Atherton, Portola Valley, and Woodside only have 20, 36, and 51 commercial accounts within their boundaries respectively (GreenWaste 2023). Still, these minute figures, compared to the thousands of residential accounts, drastically affected diversion rates.

Atherton’s total diversion rate stood at 87.39%, while Portola Valley and Woodside had 60.37% and 69.69%, respectively (GreenWaste 2023). After looking at these statistics, it could be 24 of 59
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deduced that contamination exists in single-family homes and businesses, though one setting may encourage this behavior more than the other.

Yard waste may not be the sole determinant of the differences between cities' organic waste diversion. Cities in the northern part of the county have participation rates and waste streams not entirely influenced by yard waste. Daly City and the five cities in the chart below have owneroccupied housing populations above the state average (U.S. Census Bureau 2022a, 2022b). As a result, they have more single-family waste management accounts than commercial and multifamily dwellings combined (South SF Scavenger 2024, San Bruno 2024, Pacifica n.d.). Still, four out of five cities have diversion rates below 45% even though their single-family participation rates are above 90% (South SF Scavenger 2024, San Bruno 2024, Pacifica n.d.).

If homeowners truly separate waste better than renters or restaurant clientele, then their efforts should have raised overall diversion rates closer to 50% at least. These cities do not separate waste streams by property type to identify if their single-family homes generate more waste than businesses or multi-family dwellings.

Sources: San Bruno - Data on Waste and Recycling Categories 2023, South SF Scavenger 2023 Participation and Diversion Rates, and Pacifica FY 2022-2023 Diversion and Participation Rates * = Pacifica published data based on their fiscal year, which ran from May 2022 to April 2023 25 of 59
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Indeed, giving everyone a green cart or adopting a two-cart model does not mean more organic waste will escape the landfill. Supplying homeowners, renters, and businesses with equal green cart access, and appropriate waste separation, is still important. These fixes are in our Findings and Recommendations sections. The broader point is that SB 1383 compliance works well if cities and counties modify their outreach and recordkeeping practices to bolster organic waste diversion. If San Mateo County and its cities consistently track businesses’ and multi-family dwellings’ waste trends, and base their outreach around this data, then organic waste diversion should be straightforward.

Data Discrepancies
While not a primary focus of the investigation, the Grand Jury learned of a major discrepancy in the way South San Francisco Scavenger and its client cities compile tonnage data. Brisbane’s 2022 Electronic Annual Report (EAR) to CalRecycle, which measures several compliance activities, puts the diversion rate at 64% (Edgar and Associates 2023a). The hauler contracted a consulting firm, Edgar and Associates, to prepare the report (Interview with Brisbane 2022).

When the hauler gave the Grand Jury its diversion rate report for 2023, the metric stood at

39.11% (South SF Scavenger). South San Francisco’s 2022 EAR had dual diversion rates of 74% and 66% (Edgar and Associates 2023b), while the hauler’s 2023 document recorded 42.91% (South SF Scavenger 2024). This report based each cities’ tons and diversion rates, shown in the chart above, on the hauler’s data.

Inconsistent diversion rate reporting continued in other cities and communication channels.

Brisbane’s “Waste and Recycling” page on its official website asserts that the city diverts “76% of the waste generated by residents and businesses” (n.d.). South San Francisco Scavenger also provided conflicting data with Millbrae’s 2023 diversion rates. The fourth quarter report the hauler sent the city listed a 37.65% diversion rate, but the version they gave to jurors read

54.14% (South SF Scavenger 2023). Cities in the South San Francisco Scavenger area exemplify the risks of relying on haulers too much for data collection. Having conflicting figures for waste diversion does not help cities accurately assess the progress they have made for SB 1383 compliance.

Brisbane, Millbrae, and South San Francisco should reconcile tonnage reports with their haulers to verify which figures are correct. Assuming the cities did experience a massive decline in waste diversion in a year, this occurrence would still be unusual. An investigation into diversion rates does not adversely affect the per capita disposal rates these cities send to the state. Fixing these errors is important so city governments know what proportion of all waste is organics, recycling, or garbage over time. It is highly likely these mistakes come from the sophisticated way Edgar and Associates converts the per capita disposal rates to regular diversion rates. They present their equation below.
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Equation 2. Edgar and Associates Diversion Rate Conversion from Per Capita Disposal Rates (Source: Edgar and Associates 2023a)
Republic Services, Recology of San Mateo County, and GreenWaste have a much simpler equation that does not involve converting the per capita disposal rate. These haulers merely add the total tons of recycling, organics, and rubbish they collect to get a diversion rate. [(R+O)/(R+O+S)] * 100 = Diversion Rate %
R: Recycling tons, O: Organic tons, S: Solid Waste tons (Sources: Republic Services 2024a and 2024b, Recology San Mateo County Q4 2023 Report, GreenWaste 2023)
If the difference in calculations explains the unequal diversion rates, the simpler diversion rate formula would be preferable. Cities should negotiate with their haulers to have them compute these percentages in quarterly or annual reports separate from the EAR. Such a change reduces Edgar and Associates’ EAR workload and leaves cities with one reliable waste diversion 27 of 59
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measure. Brisbane, Millbrae, and South San Francisco will also have the opportunity to compare their metrics with fellow governments that use the same methods. The simpler method, using Scavenger’s tons, should yield the same diversion rates jurors obtained in the last chart.

If diversion rates are unequal because of varying tonnage measurements from the hauler, cities should investigate Scavenger’s transfer station scales. Scavenger’s 2023 fourth quarter report to Millbrae had 1,116.78 tons more in its total tonnage than in the annual report it gave to jurors.

Another scenario would be that the hauler gave the Grand Jury and Millbrae different data.

Either way, Millbrae (and its sister cities, if applicable) should scrutinize weights measured at the transfer station to pinpoint if Scavenger furnishes contradictory data.

In the previous graph, five cities were included as not dividing their waste streams by property type. Atherton, Portola Valley, and Woodside are similar in this regard because they only divide recyclables by single-family homes and businesses (GreenWaste 2023). We recommend cities of the GreenWaste, South San Francisco Scavenger, Recology of the Coast, and Recology San Bruno areas begin dividing their data by the three property types. The County cannot continue having contradictory forms of waste generation reporting. Aggregate waste reports prevent local governments from seeing how severely economic turmoil causes businesses’ diversion rates to tumble. On the same note, South San Francisco, Recology of the Coast, and Recology San Bruno cities do not know how serious renter turnover might affect multi-family diversion rates.

Cities in these hauler areas should have a comfortable transition into segregating organics, recycling, and solid waste streams by three property types. Pacifica, Atherton, Portola Valley, Woodside, and Brisbane have owner-occupied housing populations larger than the national average. Meanwhile, South San Francisco, San Bruno, and Millbrae have owner-occupied housing populations larger than the state average. In other words, these cities are mostly residential, and their haulers can discern where refuse and organic tons originate. If haulers have the technical and infrastructural capabilities to portray a waste management story, cities should not be in the dark. Jurors and cities had to ask haulers for either participation rates or diversion rates throughout the investigation.

If haulers and cities do not have the resources necessary to split waste into three property types, they can come up with a long-term plan to do so. Currently, jurisdictions must conduct “annual visual inspections” called “route reviews,” in which they randomly inspect “containers for contamination on all collection routes” (CalRecycle n.d2.). Following these inspections, jurisdictions must “notify all generators on the sampled hauler routes and provide education on proper material separation” (n.d2.). In San Mateo County, Republic Services, Recology of the Coast, and South San Francisco Scavenger “lid flip” bins to check for contamination (Interviews 2024). Republic Services leaves tags on contaminated residential bins and calls businesses and multi-family dwellings about it (Interviews 2024).
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Waste evaluations are conducted at least in two distinct seasons of the year [per 14 CCR section 18984.5(c)]” (CalRecycle n.d2.). If jurisdictions find more than 25% contamination in any container type, they can perform “a targeted route review of containers… to determine sources of contamination (n.d3.). Later, they notify and provide education to those generating contamination” (n.d3.). Local governments should increase the frequency of waste evaluations, specifically on routes with high levels of contamination. Jurisdictions will use their outreach capabilities more efficiently this way.

All documentation of route reviews must be stored in the state’s Implementation Record (CalRecycle n.d2.). Some of the information included are Notices of Violation and penalty order copies. These documents must be accompanied by a list of dates acknowledging entities have complied with warnings or sanctions (CalRecycle n.d2.). Jurisdictions must include “a description of the hauler route and addresses covered by a route review” (n.d2.).

Instead of simply preserving time sensitive data, the Grand Jury suggests jurisdictions analyze past and current contamination trends in problem routes. Cities that struggle splitting diversion rates and waste tons by property type can use this method to track their progress at minimizing organic waste contamination. Perhaps cities will improve their organic waste diversion results if they implement these changes.

Local governments cannot leave their residents in the dark as well. If citizens pay for waste collection service, they have the right to know how well each property type separates waste.

None of the entities interviewed, except RethinkWaste, had copies of annual or quarterly waste reports on their government websites. Brisbane, Woodside, and Pacifica are some examples of cities that had no idea why their haulers do not separate waste by three property types (2024).

Jurors propose cities publish any past, present, and future waste statistics on their government websites following this report’s release.

The Civil Grand Jury recommends setting a waste reporting standard across the County. Without a common measurement, cities might not reduce 75% of organic waste disposal from 2014 levels by 2025. Jurors understand the state imposed this goal on itself and not on individual jurisdictions. Nonetheless, if the County adopts a mentality of consistently increasing diversion rates, citizens will reap the social savings. If cities keep increasing the price of garbage collection (DiNapoli 2024, Mata 2024) for the same amount of landfill tons, then methane emissions will not abate.

Barriers Exclusive to Businesses and Multi-Family Dwellings Multi-family dwellings and businesses cannot match the participation and diversion rates of single-family homes due to socioeconomic and infrastructural problems. One Sustainability 29 of 59
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Department official said since “tenants sometimes cycle in and out every year… the resources involved to do… outreach [for] a multi-family building” is very “intensive” (2024). Another important component is that residents who live in apartments with trash chutes “have to find different ways to compost or set up bins in separate areas” (2024). Meanwhile, businesses may welcome irregular clients who “don’t know what the rules are” (2024). In spite of these disadvantages, multi-family dwellings in the RethinkWaste area have steadily increased their compost and recycling tons over the last decade (Recology San Mateo County 2024, 2023, 2021). Some city governments have even worked around these problems altogether.

Sources: Recology San Mateo County Q4 2023 Report, Recology San Mateo County Annual Report 2022, Recology San Mateo County Annual Report 2020 Rising recycling and organic tons for multi-family dwellings over the years indicate that tenants strive to segregate waste properly. Unlike businesses, waste generation in multi-family dwellings does not rise and fall based on economic booms or busts. Crucially, renter turnover has not created drastic ebb and flow patterns for tonnage. Aside from landlord willingness, building age is very likely to be multi-family dwellings’ greatest barrier to increasing green bin participation.

According to the U.S. Census Bureau, 65.36% of existing renter-occupied housing units are from before 1980 (2022c). Cities must consider the difficulty of setting up green bins among older apartment buildings using trash chutes.
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San Bruno pursues a novel strategy for multi-family dwellings’ organic waste collection compared to other cities. A Recology of San Bruno official finds that larger apartment complexes have a harder time complying. The hauler works with landlords to find the best location for green carts “to make it very simple for the residents” (2024). Better yet, the local government treats “multi-family as residential, and there is no cost for the multi-families in San Bruno to participate” (2024). Including green bin service in the price of standard refuse collection has brought 73% of multi-family dwellings in compliance with SB 1383 (San Bruno 2024). As of March 13, 2024, 109 multi-family dwellings remain non-compliant (Recology of San Bruno).

Interviews with several cities confirm that they require new property developments to provide enough space for the three-cart system. Pacifica, Daly City, Millbrae, and all RethinkWaste cities have their planning departments partner with haulers to review building plans (2024). A South San Francisco city employee stated that the city and hauler reviews waste enclosure spaces for new businesses but not multi-family dwellings (2024). Given that Woodside does not have multifamily dwellings, the city scrutinizes building plans for new commercial properties only (2024).

City officials from Brisbane and Half Moon Bay were uncertain about how municipal departments handle new development reviews (2024).

If cities can prepare future infrastructure with the waste enclosures they need, it should be possible for them to start doing the same for existing, non-compliant multi-family dwellings.

RethinkWaste is already ahead of the curve on this front and hopes to build on the San Bruno model. On March 14, 2024, RethinkWaste’s Technical Advisory Committee (TAC) announced that Recology of San Mateo “was open to a town hall format” to increase participation. At the next TAC meeting, the agency declared it will send invitational emails to businesses and multifamily dwellings for “virtual or in-person” SB 1383 compliance presentations held in June (2024). It is unknown at this point if any landlords or business owners have accepted such invitations or if the agency has begun holding these meetings.

RethinkWaste presently makes phone calls and letters to non-compliant property types (2024).

City employees from Brisbane, South San Francisco, and Daly City have disclosed that outreach activities include releasing newsletters, emails, and social media posts (2024). A Half Moon Bay staff member reported that the city received a grant from CalRecycle to give non-compliant businesses green bins across downtown (2024). A Recology of the Coast official says they distribute flyers and mailers and work with a compliance officer in Pacifica (2024).

The Civil Grand Jury appreciates the massive resource and labor mobilization from haulers and cities to perform these activities. Yet, these actions have consumed significant time in relation to meaningful effects. The scatter plots and tables below for jurisdictions inside and outside the RethinkWaste area describe the unfinished participation progress for multi-family dwellings and 31 of 59
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businesses. Even if the visual data included properties with waivers, hauler data reveals that many properties are still without organics collection. Daly City, Half Moon Bay, and their hauler, Republic Services, did not give the Grand Jury reliable participation rate data.

Sources: Recology San Mateo County Q4 2023 Report, Recology San Mateo County February 2024 Participation Rate Tables (see Appendix)
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Sources: Recology San Mateo County Q4 2023 Report, Recology San Mateo County February 2024 Participation Rate Tables (see Appendix)
Both scatter plots affirm the assumption that high participation rates to organic waste collection does not increase the share of organic waste in total tonnages. The weak coefficients of determination (R2) tell us that green bin enrollment explains less than 50% of changes in organic waste proportions for businesses and multi-family dwellings. Multi-family dwellings in the RethinkWaste area have the most alarming statistic: less than 10% of their total waste tons are organic waste. It would appear that cities may have consciously or unconsciously prioritized one property type over another. For instance, San Mateo County enrolled twice as many multi-family dwellings for green cart service in the County Franchised Area (CFA) than its businesses.

The scatter plots also reveal that San Mateo County has stranded North Fair Oaks in the SB 1383 compliance process. Businesses and multi-family dwellings in the community have the lowest participation rates and organic waste proportions in the entire RethinkWaste JPA. It is unacceptable for a County tract with a compact area to have less resources than its neighbors. At the Discussion’s onset, the hurdles unincorporated regions pose for compliance were described.

North Fair Oaks has similar participation statistics like its coastal counterparts in the Granada Community Services District (GCSD) and Montara Water and Sanitary District (MWSD).

RethinkWaste and San Mateo County can combine their resources to level the playing field within the JPA.
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Table 4. Recology San Bruno Participation Rates 2023
Source: Recology of San Bruno Interview
Table 5. Brisbane, Millbrae, and South San Francisco Participation Rates Source: Source: South SF Scavenger 2023 Participation and Diversion Rates 34 of 59
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Table 6. Recology of the Coast Participation Rates FY 2022-2023 Source: Recology of the Coast Interview
One recommendation is that RethinkWaste and non-JPA cities have a mass enrollment summit for multi-family dwellings and businesses. Solving the problem means holding these meetings at regular intervals until there is 100% green cart participation rate for both property types. On-site enrollment, rather than virtual presentations, holds property managers and business owners accountable. Public agencies need to receive input from the parties to address the troubles keeping them from enrolling. Cities, the County, and RethinkWaste can advise these individuals on cost-effective green cart adoption. Jurisdictions should explicitly state that monetary penalties are inevitable unless they attend these green bin enrollment summits.

If renters perfectly segregated their waste, a high percentage of the stream would be organic material, much like that of homeowners. Daly City’s multi-family dwellings, surprisingly, were the only ones in the County to have higher diversion rates than single-family homes thanks to thousands of diverted tons of organic waste. Multi-family dwellings diverted 57% of their waste while single-family homes diverted 48% (Republic Services 2024a). When interviewed, a representative from Republic Services said that an arduous program explained the phenomenon.

Presently, the hauler pulls “organics out of the trash,” which is “not a very good” and “costly system” (2024). The representative predicted the “program is likely going… away, so we’ll be doing something different with our multifamily” (2024). 35 of 59
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Sources: Republic Services Half Moon Bay Q4 2023 Report, Republic Services Daly City Q2 FY 2023-2024 Report
*Daly City’s data is from Q1 and Q2 of fiscal year 2023-2024 (July 1, 2023 to January 30, 2024) Note: Data for both cities are not publicly available. Jurors retrieved the information by requesting it from Republic Services.

Despite this inefficient system causing high diversion rates for multi-family dwellings, it proves that tenants generate more organic waste than rubbish. Jurisdictions should not consider getting renters to sort waste properly a lost cause, for this data proves that contamination is responsible for low diversion rates. High subscription rates for green cart service and apartment buildings with distant waste enclosures contribute to low participation rates. The Sustainability Department interviewee remarked, “Sometimes these landlords…vary in how easy they are to implement things like [organic waste collection]” (2024). The official added, “especially if it hits their bottom line about increased costs for adding compost to recycling service” (2024). It is highly recommended that haulers put signage on green carts if they do not have this practice already. 36 of 59
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Sources: Recology San Mateo County Q4 2023 Report
Sources: Recology San Mateo County Q4 2023 Report
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FINDINGS
F1. High green cart enrollment costs and insufficient bin space are the dominant contributors to low participation rates among multi-family dwellings and businesses.

F2. Green bin contamination among compliant multi-family dwellings and businesses prevents them from diverting more organic waste.

F3. City, County, and RethinkWaste compliance outreach efforts for multi-family dwellings and businesses could improve because a significant portion of these properties remain non-compliant.

F4. Multi-family dwellings and businesses produce a significant amount of the County’s organic waste.

F5. Citizens cannot conveniently access reliable diversion and participation rates because JPAs and cities do not make the information available on their government websites.

F7. An alternate and reliable method to separating waste tons by property type would be analyzing contamination statistics from route audits and waste evaluations.

F8. Brisbane, South San Francisco, and Millbrae cannot properly track their waste trends since their hauler and contractor have contradictory diversion rate formulas and tonnage measurements.

RECOMMENDATIONS
R1. Beginning March 1, 2025, cities, the County, and RethinkWaste should host regular inperson green cart enrollment summits for non-compliant businesses and multi-family dwellings, and identify other new compliance strategies.

R2. Beginning January 1, 2025, Brisbane, South San Francisco, and Millbrae should investigate their Electronic Annual Report contractor’s diversion rate conversion formulas and their hauler’s waste scales.
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R3. By July 1, 2025, Brisbane, South San Francisco, and Millbrae should begin using the simpler diversion rate calculation the report mentioned or develop a contingency plan if their hauler’s scales are inaccurate.

R4. Beginning November 30, 2024, cities should publish quarterly or annual waste reports with diversion and participation rates on their government websites.

R6. Starting April 1, 2025, cities that cannot separate waste tons and diversion rates by property type should conduct waste evaluations on highly contaminated routes more often.

R8. By February 1, 2025, jurisdictions should develop and implement new ways to make green bins usable in multi-family dwellings’ and businesses’ narrow or small waste enclosures.

REQUESTS FOR RESPONSES
Pursuant to Penal Code 933.05 the Grand Jury requests responses from the following governing bodies.

Jurisdiction Findings Recommendations
Town of Atherton 2, 4, 5, 6, 7 4, 5, 6, 7
City of Brisbane 1, 2, 3, 4, 5, 6, 7, 8 1, 2, 3, 4, 5, 6, 7, 8 City of Daly City 1, 2, 3, 4, 5, 7 1, 4, 8
City of Half Moon Bay 1, 2, 3, 4, 5, 7 1, 4, 8
City of Millbrae 1, 2, 3, 4, 5, 6, 7, 8 1, 2, 3, 4, 5, 6, 7, 8 City of Pacifica 1, 2, 3, 4, 5, 6, 7 1, 4, 5, 6, 7, 8
RethinkWaste JPA 1, 2, 3, 4, 5, 7 1, 4, 8
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City of San Bruno 1, 2, 3, 4, 5, 6, 7 1, 4, 5, 6, 7, 8
San Mateo County 1, 2, 3, 4, 5, 7 1, 4, 8
City of South San Francisco 1, 2, 3, 4, 5, 6, 7, 8 1, 2, 3, 4, 5, 6, 7, 8 Town of Woodside 2, 4, 5, 6, 7 4, 5, 6, 7
The governing bodies indicated above should be aware that the comment or response of the governing body must be subject to the notice, agenda, and open meeting requirement of the Brown Act.

RESPONSE REQUIREMENTS
California Penal Code Section 933.05 provides the following regulations (emphasis added).

1.) For purposes of subdivision of Section 933, as to each Grand Jury finding, the responding person or entity shall report one of the following:
a.) The respondent agrees with the finding.
b.) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the disputed finding and shall include an explanation of the reasons.

2.) For purposes of subdivision of Section 933, as to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
a.) The recommendation has been implemented, with a summary regarding the implemented action.
b.) The recommendation has yet to be implemented but will be implemented in the future, with a timeframe for implementation.
c.) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall be at most six months from the Grand Jury report's publication date.
d.) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore.
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GLOSSARY
CalRecycle (California Department of Resources Recycling and Recovery) State department formed in 2010 that manages recycling and waste management programs to reduce waste and reuse all materials. Enforces the Integrated Waste Management Act and Beverage Container Recycling and Litter Reduction Act so Californians can use less, recycle more, and take resource conservation to higher and higher levels. (Source: About Us CalRecycle)
County Service Area
County Service Areas (CSAs) are entities that provide government services by counties within unincorporated areas. It allows communities to fund a service by charging a direct assessment or property-related fee for services such as water and/or sewer service, road and/or drainage maintenance, street lighting, fire protection and/or landscaping. The County Board of Supervisors acts as the governing body for the County Service Areas. (Source: Special Districts in San Mateo County)
Disposal-Related Activities
Alternative daily cover
(ADC) and Alternative
intermediate cover (AIC)
The use of materials to cover
disposed waste in a landfill
cell at the end of the landfill
operating day (daily cover) or
at some other interval
(intermediate cover) to
control odors, fire, vectors,
litter, and scavenging. Green
and non-green ADC exist.

Engineered Municipal Solid
Waste (EMSW), waste-tire
derived fuel, and other
beneficial reuse (construction
or landscaping) at landfills
(such as construction
activities, landscaping, and
erosion control).

Transformation
The use of incineration,
pyrolysis, distillation, or
biological conversion to
combust unprocessed or
minimally processed solid
waste to produce electricity.

Transformation does not
include gasification,
composting, or biomass
conversion.
(Source: State of Disposal and Recycling in California for Calendar Year 2022) Franchise Area
Franchised areas are communities where municipalities or special districts have used their bulk purchasing power to negotiate rates with a hauler to provide waste collection services. (Source:

Curbside Collection - SMC Sustainability Department)
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High Diversion Organic Waste Processing Facilities (HDPFs) “High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025 as calculated pursuant to Section 18815.5(e) for organic waste received from the “Mixed Waste Organic Collection Stream” as defined in Section 17402(a)(11.5). (Source: Short-Lived Climate Pollutants, California Code of Regulations (West) title 14, § 18982)
Joint Powers Authority (JPA)
A joint powers agency (JPA) consists of two or more public agencies that jointly exercise any power common to both through a joint powers agreement or contract. The agreement may set up a governing board composed of representatives of the contracting agencies and defines the JPA's governance and functions. (Source: Joint Powers Agencies Providing Municipal Services in San Mateo County)
Milton Marks “Little Hoover” Commission
The Little Hoover Commission, formally known as the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy, is an independent state oversight agency created in 1962. The Commission’s mission is to investigate state government operations and policy, and – through reports and legislative proposals – make recommendations to the Governor and Legislature to promote economy, efficiency and improved service in state operations. In addition, the Commission has a statutory obligation to review and make recommendations on all proposed government reorganization plans. (Source: About the Commission)
Organic Waste
“Organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. (Source: Short-Lived Climate Pollutants, Cal.

Code Regs. tit. 14 § 18982 (2020))
RethinkWaste (South Bayside Waste Management Authority) In 1982, eleven local governments (Belmont, Burlingame, East Palo Alto, Foster City, Hillsborough, Menlo Park, Redwood City, San Carlos, San Mateo, San Mateo County and the West Bay Sanitary District) in San Mateo County formed RethinkWaste, AKA the South Bayside Waste Management Authority (SBWMA). It is a joint powers authority that owns and manages the Shoreway Environmental Center in San Carlos, California. The site receives all the 42 of 59
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recyclables, green waste and garbage collected from the Member Agencies. Other responsibilities include supporting and managing service providers that collect, process, recycle and dispose of materials on behalf of the JPA. (Source: About RethinkWaste)

BIBLIOGRAPHY
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Browning, Corey. 2022. “New Compost Requirements in San Mateo County.” San Mateo Daily Journal, August 11, 2022. https://www.smdailyjournal.com/news/local/new-compostrequirements-in-san-mateo-county/article_8baa7ce6-45f6-11ec-9be7-8325579e56c6.html.

California Air Resources Board. 2023. “California Greenhouse Gas Emissions from 2000 to 2021: Trends of Emissions and Other Indicators.” Released December 14, 2023. https://ww2.arb.ca.gov/sites/default/files/2023-12/2000_2021_ghg_inventory_trends.pdf.

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https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/DiversionDisposal.

CalRecycle. 2021. “State of Disposal and Recycling in California for Calendar Year 2020.” Released December 28, 2021. https://www2.calrecycle.ca.gov/Publications/Download/1754.

CalRecycle. 2020. “State of Disposal and Recycling in California for Calendar Year 2018.” Released April 6, 2020. https://www2.calrecycle.ca.gov/Publications/Download/1453.

CalRecycle. n.d1. “Department-Approved Waivers for Reporting Entities.” Accessed May 5, 2024. https://calrecycle.ca.gov/organics/slcp/waivers/approved/#LPWcities.

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CalRecycle. n.d3. “New Statewide Mandatory Organic Waste Collection.” Accessed May 19, 2024. https://calrecycle.ca.gov/organics/slcp/collection/. 44 of 59
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DiNapoli, Alyse. 2024. “Garbage rates are set to jump in San Mateo.” San Mateo Daily Journal, April 18, 2024. https://www.smdailyjournal.com/news/local/garbage-rates-are-set-tojump-in-san-mateo/article_87aa257e-eb21-11ee-a6a5-2f28cac97939.html.

D’Souza, Shereen. “Hearing on Organic Waste Recycling (Part 3), September 8, 2022.” Milton Marks Commission interview, 28:31-28:44. https://www.youtube.com/watch?v=CJbMlCaI9lc.

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Pacifica. n.d. “Below are the tonnages collected by Recology from May, 2022 through April 2023.” Released April 30, 2024.

Recology San Mateo County. 2024. “Quarterly Report to the SBWMA for 4th Quarter 2023.” Released December 30, 2024.

Recology San Mateo County. 2023. “Annual Report to the SBWMA for Year 2022.” Released February 14, 2023. https://rethinkwaste.org/wp-content/uploads/2023/04/RSMC-Annual-Report2022.pdf. 45 of 59
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Recology San Mateo County. 2021. “Annual Report to the SBWMA for Year 2020.” Released February 14, 2021. https://rethinkwaste.org/wp-content/uploads/2021/02/Recology-AnnualReport-2020.pdf Republic Services. 2024a. “Quarterly Report for the City of Daly City Second Quarter Fiscal Year 2023/24.” Released January 30, 2024.

Republic Services. 2024b. “Quarterly Report for the City of Half Moon Bay Fourth Quarter Calendar Year 2023.” Accessed April 2, 2024.

RethinkWaste. 2024. “SBWMA Technical Advisory Committee Meeting.” May 9, 2024. https://rethinkwaste.org/wp-content/uploads/2024/05/RethinkWaste-TAC-Packet05092024.pdf.

RethinkWaste. 2024. “SBWMA Technical Advisory Committee Meeting.” March 14, 2024. https://rethinkwaste.org/wp-content/uploads/2024/03/RethinkWaste-TAC-Packet03142024.pdf.

RethinkWaste. n.d. “About.” Accessed May 5, 2024.
https://rethinkwaste.org/about/rethinkwaste/about/.

San Bruno. 2024. “City of San Bruno Data on Waste and Recycling Categories.” Released March 13, 2024.

San Mateo County. 2021. “Low Population Waiver Application for Unincorporated Portions of Counties (Special Districts Providing Solid Waste Collection Services): 9843 and 6138.” Signed December 21, 2021.

San Mateo County Civil Grand Jury. 2019. “Planning for the County’s Waste Management Challenges.” Released July 30, 2019.
https://www.sanmateo.courts.ca.gov/system/files/waste_management.pdf.

San Mateo County Sustainability Department. 2024. “Disposable Food Service Ware Ordinance.” Updated April 2024. https://www.smcsustainability.org/wastereduction/foodware#start-dates.

San Mateo County Sustainability Department. 2022. “Frequently Asked Questions.” Updated July 2022. https://www.smcsustainability.org/waste-reduction/foodware/facilities/faq/. 46 of 59
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San Mateo County Sustainability Department. n.d. “Curbside Collection.” Accessed May 14, 2024. https://www.smcsustainability.org/waste-reduction/curbside-collection/.

San Mateo Local Agency Formation Commission (LAFCo). n.d. “Joint Powers Agencies Providing Municipal Services in San Mateo County.” Accessed May 18, 2024. https://www.smcgov.org/lafco/joint-powers-agencies-providing-municipal-services-san-mateocounty.

Short-Lived Climate Pollutants, California Code of Regulations (West) title 14, §§ 18982, 18984.2, 18984.9, 18984.11, 18984.12, 18993.1, 18993.3, 18997.2 (2020). https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations ?guid=IB9B3A3D35B4D11EC976B000D3A7C4BC3&originationContext=documenttoc &transitionType=Default&contextData=(sc.Default)&bhcp=1.

South San Francisco Scavenger. 2024. “2023 Participation and Diversion Rates.” Compiled March 16, 2024.

South San Francisco Scavenger. 2023. “Quarterly Report: Period Ending December 31, 2023.” Accessed April 2, 2024.

U.S. Bureau of Labor Statistics. 2024. “Unemployment Rate [UNRATE], retrieved from FRED, Federal Reserve Bank of St. Louis.” Last Updated May 3, 2024. https://fred.stlouisfed.org/series/UNRATE.

U.S. Census Bureau. 2022a. “ACS Demographic and Housing Estimates: San Mateo County, California.” Accessed May 16, 2024.
https://data.census.gov/table?g=050XX00US06081&y=2022.

U.S. Census Bureau. 2022b. “Total Population in Occupied Housing Units by Tenure by Year Householder Moved Into Unit: San Mateo County, California.” Accessed May 22, 2024. https://data.census.gov/table/ACSDT1Y2022.B25026?q=san%20mateo%20county%202022&t= Year%20Householder%20Moved%20Into%20Unit.

U.S. Census Bureau. 2022c. “Physical Housing Characteristics for Occupied Housing Units.” Accessed June 9, 2024.
https://data.census.gov/table/ACSST1Y2022.S2504?q=san%20mateo%20county&t=Year%20Str ucture%20Built&y=2022.

West Bay Sanitary District. n.d. “Areas of Coverage.” Accessed June 11, 2024. https://westbaysanitary.org/about-us/areas-of-coverage/. 47 of 59
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Wagoner, Rachel Machi. “Hearing on Organic Waste Recycling (Part 3), September 8, 2022.” Milton Marks Commission interview, 57:00-57:11.
https://www.youtube.com/watch?v=CJbMlCaI9lc.

APPENDIXES
A. GreenWaste Annual Summary 2023
B. Republic Services Daly City Q2 FY 2023-2024 Report
C. Republic Services Half Moon Bay Q4 2023 Report
D. San Bruno - Data on Waste and Recycling Categories 2023 E. South SF Scavenger 2023 Diversion Rates
F. Pacifica FY 2022-2023 Diversion Rates
G. Recology San Mateo County February 2024 Participation Rate Tables 48 of 59
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Appendix A
GreenWaste Annual Summary 2023
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Appendix B
Republic Services Daly City Q2 FY 2023-2024 Report
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Appendix C
Republic Services Half Moon Bay Q4 2023 Report
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Appendix D
San Bruno - Data on Waste and Recycling Categories 2023 54 of 59
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Appendix E
South SF Scavenger 2023 Diversion Rates
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Appendix F
Pacifica FY 2022-2023 Diversion Rates
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Appendix G
Recology San Mateo County February 2024 Participation Rate Tables 57 of 59
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Release Date: July 11, 2024
2023-2024 San Mateo County Civil Grand Jury
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File Attachments for Item:

I. Adopt a Resolution “Authorizing the Director of Public Works/City Engineer to execute agreements with the California Department of Transportation for a Brisbane Lagoon and U.S. Highway 101 Adaptation Planning Study”
(The grant award amount is $259,920. Once the grant is finalized, city staff will request an obligation of $34,000 to meet the required local match.) 115

CITY COUNCIL AGENDA REPORT
Brisbane Lagoon-US 101 Adaptation Planning Study Page 1 of 2 Meeting Date: September 5, 2024
From: Director of Public Works/City Engineer
Subject: Brisbane Lagoon-US101 Adaptation Planning Study This Ordinance is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (4)).

Community Goal/Result: Ecological Sustainability
Purpose
To identify a party authorized to execute grants with the California Department of Transportation (Caltrans).

Recommendation
Approve a resolution “Authorizing the Director of Public Works/City Engineer to execute agreements with the California Department of Transportation for a Brisbane Lagoon and U.S.

Highway 101 Adaptation Planning Study”.

Background
City staff working with our consultant Renne Public Policy Group applied for and have been notified of award for a planning grant to consider the impacts and responses to sea level rise on the Brisbane Lagoon and US 101.

Discussion
As specified in the grant award letter, the city is required to provide a Resolution identifying the party to execute the associated grant agreements. The attached Resolution was presented in draft form to Caltrans and approved by them. Failure to approve this Resolution will result in the city not receiving the grant funds.

Fiscal Impact
The grant amount is $259,920. Once the grant is finalized, city staff will request an obligation of $34,000 to meet the required local match.

Measure of Success: Receipt of grant funds to complete the identified study.

Environmental Review
Adoption of this ordinance does not need further environmental review under the California Environmental Quality Act (CEQA) as it is a fiscal activity that does not involve commitment to any specific project and therefore it is not a “project”(California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, §15378 (b) (4)).
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Brisbane Lagoon-US 101 Adaptation Planning Study Page 2 of 2 Attachments

1. Proposed Resolution

2. Caltrans 7/9/24 notification of grant award
___________________________________ ___________________________________ Randy Breault, Public Works Director Jeremy Dennis, City Manager 2 of 9
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RESOLUTION NO. 2024-__
-1-
RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO

EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE BRISBANE LAGOON AND U.S. HIGHWAY 101

ADAPTATION PLANNING STUDY
WHEREAS, the City of Brisbane is eligible to receive Federal and/or State funding for certain transportation planning related plans through the California Department of Transportation; and
WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be reimbursed through the Transportation Planning Grant Program; and
WHEREAS, the City of Brisbane wishes to delegate authorization to execute these agreements and any amendments thereto; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brisbane as follows:

The Director of Public Works/City Engineer is authorized to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.
________________________________
Terry O’Connell, Mayor
* * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Brisbane held on the fifth day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
________________________________
Ingrid Padilla, City Clerk
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“Provide a safe and reliable transportation network that serves all people and respects the environment”

DIVISION OF TRANSPORTATION PLANNING
P.O. BOX 942873, MS–32 SACRAMENTO, CA 94273–0001
(916) 261-3326 | TTY 711
www.dot.ca.gov
July 9, 2024te

SENT VIA E-MAIL
On behalf of the California Department of Transportation (Caltrans), Division of Transportation Planning, we are pleased to congratulate you on your Sustainable Transportation Planning Grant award.

Sustainable Transportation Planning Grant Program
Grant Award
Fiscal Year
Grant
Category
Grant Fund
Source
Project Title
Grantee/Agency
Executive Director
Grantee/Agency
Contact
Sub-Recipient(s)
Caltrans District
Contact(s)
Caltrans District
Contact(s) E-mail
Grant Award Local Match
(Cash)
Local Match
(In-Kind)
Total
Local Match
%
Local Match
Total
Project Cost
Conditions of Award Due to Caltrans Grant Expiration Date Final Invoice Due * The final contractually agreed upon Local Match and Fund Source are located on the Grant Application Cover Sheet and Project Cost and Schedule. Any change in Local Match that increases/decreases the Total Project Cost must be approved by Caltrans and may require a Formal Amendment. Each invoice must include the contractual/agreed upon local match % - any deviation to this amount requires an approved Tapered Local Match Amendment prior to invoice submittal. Any change to the Local Match Fund Source requires prior Caltrans approval and an Administrative Amendment. 24-25 Climate Adaptation Planning SHA-CAP Brisbane Lagoon and U.S. Highway 101 Adaptation Planning City of Brisbane Clay Holstine Randy Breault Becky Frank; Stephen Conteh [email protected]; [email protected] $259,920 $34,000 NA $34,000 11.56% $293,920 8/16/24 6/30/27 8/29/27 4 of 9
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Caltrans Sustainable Transportation Planning Grant Program Grant Award

Page 2 ends

“Provide a safe and reliable transportation network that serves all people and respects the environment” Next Steps

1. The Caltrans District Grant Manager will schedule a Conditional Award Meeting with your agency soon.
 The attached specific and general conditions and project revisions necessary to accept grant funding will be discussed at this meeting.

2. The required conditions must be submitted to the Caltrans District Grant Manager no later than the date listed in the table above.
 Failure to satisfy these conditions will result in the forfeiture of grant funds.

3. The Caltrans District Grant Manager will review and approve all items required to fulfill the attached specific and general conditions.

4. Once the required conditions are met and the agreement is executed, the Caltrans District Grant Manager will:
 Send a Notice to Proceed letter (for MPO/RTPAs, this will happen after the OWP/OWPA formal amendment is processed). Grant work cannot begin until the Notice to Proceed letter is received by your agency.  Coordinate and schedule a grant kick-off meeting with your agency.

If you have questions concerning your Conditional Grant Award, please reach out to your Caltrans District contact listed in the table above.

Sincerely,

ERIN THOMPSON
Chief, Office of Regional and Community Planning
Attachments:

Specific and General Conditions
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Page 1 of 5 ends

Sustainable Transportation Planning Grant Program
Grant Award Specific and General Conditions
Specific Conditions
If Specific Conditions have been identified for this grant, they will be listed below. Please make all necessary revisions to the Grant Application Cover Sheet, Scope of Work (SOW), and/or the Cost and Schedule, and complete the right column to indicate where the specific conditions were addressed.

Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)

1. Confirm timeline feasibility. 2. Include consideration of State sea level rise (SLR) Guidance resources like the Ocean Protection Council's State SLR Guidance, and identification of how San Francisco Bay Conservation and Development Commission's (BCDC) Climate Change Policy Guidance for permit considerations will be evaluated in the SOW and in development adaptation strategies.

4. Consider the San Francisco Estuary Institute's 2019 San Francisco Bay Shoreline Adaptation Atlas and conformity and refinement of the nature-based adaptation measures should form part of the SOW.

3. Consider of the Adapting to Rising Tides spatial resources into Task 2, and integration of recommendations as appropriate.

5. Include BCDC as a project Stakeholder. 6. Local match needs to be included in Cost & Schedule. 7. Scope of Work should include descriptions of who the responsible party is for each task deliverable.

8. Update Tasks 01 and 02 in the Scope of work, they currently have a start date of January 2024.

9. Remove template language and incorporate the applicant's own narrative from Overall Objectives to Task 02.
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Page 2 of 5 ends

Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)

12. Applicant needs to determine if the "Collaborative Stakeholder Structure" is the same or different from the "Public Advisory Committee."

11. Instead of "holding public meetings," the deliverable could be the meeting agenda and possible pamphlets in different languages in Task 3 in the Scope of Work.

10. Remove amendments from Task Deliverables in Task 2 in the Scope of Work. 7 of 9
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Page 3 of 4 ends

General Conditions
Please review the General Conditions below and complete them, as necessary. Most of these items are outlined in the Grant Application Guide, Ch. 6 and Appendix B. • Board Resolution – A current (less than one year old) Local Board Resolution, signed by the governing board that includes the grant project title and job title of the person authorized to enter into a contract with Caltrans, is required to be submitted to Caltrans by September 13, 2024.
• Government Entity Taxpayer ID Form is now required in place of the previously required STD-204. It is required by Caltrans Accounting to ensure payments are sent to the correct recipient and address.
• Generative Artificial Intelligence (GenAI) Disclosure (STD 1000) is a new form now required by Caltrans for all contract submittals. The Solicitation Number field can be left blank. • Scope of Work (SOW) and Project Cost and Schedule (Refer to Grant Application Guide, Appendix B Checklists) These are frequently missed requirements:
o Project Management stand-alone tasks, staff and/or consultant coordination are not allowed. Project Management activities must be charged to the tasks in which they are accrued.
o Include tasks for a kick-off meeting with Caltrans, invoicing, quarterly reporting, and Board adoption or acceptance.
o Ensure the deliverable for the consultant procurement task includes: Request for Proposal (RFP), executed consultant contract, and a copy of your agency’s procurement procedures.
o The earliest project start date is November 4, 2024, with an end date of June 30, 2027.

The Project Cost and Schedule will need be updated to reflect your proposed start date. At least one task must extend to the grant expiration date on June 30, 2027. o Indirect Costs - For Local Government Agencies requesting to bill for indirect costs:

Indirect costs must be identified in the SOW and Project Cost and Schedule, and the indirect cost rate included at the bottom of the Project Cost and Schedule. • Grant Application Cover Sheet and Project Cost and Schedule o Ensure the grant award, local match, and total project costs are consistent with the award letter amounts.
• Grant Application Cover Sheet - Must identify the specific source of cash and in-kind local match funds; and must identify the agency providing the local match. o If your agency is using staff time as a cash match, the application cover sheet must identify the source of local match funds for staff time (e.g., General Fund). o Direct grantee staff time is not an allowable in-kind match and must be identified as cash match.
• Third Party In-Kind Valuation Plan, if applicable - Third-party in-kind contributions consist of goods and services donated from outside the grantee’s agency (e.g., printing, facilities, interpreters, equipment, advertising, staff time, and other goods or services). If utilizing thirdparty in-kind contributions to satisfy the local match requirement:
o Ensure in-kind contribution information is identified on the Grant Application Cover Sheet and Project Cost and Schedule.
o To clarify, sub-recipient staff time, if reimbursed, is considered cash match. If donating their time, it is considered in-kind.
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Page 4 of 4 ends

o Submit a Third-Party In-kind Valuation Plan. The district can provide a copy of the valuation plan checklist and template.
• Ensure Consistency - All changes made to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule are made consistently in all documents.

Grant Administrative Requirements
Refer to the Grant Application Guide, Ch. 6, and the Restricted Grant Agreement boilerplate for a detailed overview of the Grant Administrative Requirements that must be adhered to over the life of the project. In summary:
• Third Party Contracts - Competitive consultant procurement, i.e., Request for Proposals (RFP) is required for all grant projects.
o If there is a consultant on-board, ensure the process to procure the consultant was a competitive process (documentation must be provided to Caltrans); the grant work must have been part of the original RFP.
o If using an on-call consultant list, the process for establishing the list must be competitive and less than five years old (documentation must be provided to Caltrans) o If the consultant helped to prepare the Project Scope of Work or grant application, they shall not be considered in the consultant procurement. • Quarterly Reporting – Quarterly Progress Reports (a narrative of completed project activities) are submitted on a quarterly basis.
• Invoicing and Financial Requirements –
o Maintain a proper accounting system (MS Excel is unacceptable). o Request for Reimbursements/invoices (RFRs) at least quarterly, but no more than monthly.
 One-time, lump sum invoices are not allowed.
 If requesting reimbursement of indirect costs, a copy of the ICAP/ICRP acceptance letter must be submitted with the first invoice.
 Local match commitments must be satisfied with every RFR/invoice, including any local match amount above the minimum amount. If you are unable to meet this commitment, coordinate with your district Contract Manager.  All work must be completed by June 30, 2027.
 Final RFR/invoice and the final product are due no later than August 29, 2027.  The final RFR/invoice will not be processed without the final product. o An Indirect Cost Allocation Plan/Indirect Cost Rate Proposal (ICAP/ICRP) must be submitted each year to the Inspector General Independent Office of Audits and Investigations for approval. Instructions for submitting an ICAP/ICRP are available at the following webpage: https://ig.dot.ca.gov/resources
• Grant Amendments - Proposed changes to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule (e.g., local match amount, fund source, movement of funds) will require an Amendment and Caltrans approval. Please contact Caltrans for guidance on this process.
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File Attachments for Item:

J. Approve Resolutions Appointing Committee Members from Open Space Ecology Committee, Inclusion, Diversity, Equity, and Accountability Committee, Complete Streets Safety Committee and San Mateo County Mosquito and Vector Control District Board of Trustees 125

CITY COUNCIL AGENDA REPORT
Meeting Date: September 5, 2024
From: Ingrid Padilla, City Clerk
Subject: Adopt Resolutions Appointing Members to the Complete Streets Safety Committee, OSEC Committee, the IDEA Committee, and the San Mateo County Mosquito & Vector Control District Board of Trustees

COMMUNITY GOAL/RESULT
Community Building

RECOMMENDATION
Adopt Resolutions Appointing Members to the Complete Streets Safety Committee, Open Space and Ecology Committee (OSEC), the Inclusion, Diversity, Equity and Accountability (IDEA) Committee, and the San Mateo County Mosquito & Vector Control District Board of Trustees.

BACKGROUND
Resolutions were drafted to reflect the Council’s direction given to the City Clerk at the City Council Special Meeting of July 15, 2024 which is to appoint the following community members to the following City Committees and County Board of Trustees for various lengths of terms:
• Anthony Walker, Open Space & Ecology Committee term through 2026 • Michael Goldman, San Mateo County Mosquito & Vector Control District Board of Trustee term through 2028
• Paul Bouscal, Complete Streets Safety Committee term through 2028 • Emily Wirowek, Complete Streets Safety Committee term through 2028 • Quita Highsmith, Inclusion, Diversity, Equity, and Accountability Committee term through 2026 • Lailah Khalil, Inclusion, Diversity, Equity, and Accountability Committee term through 2026 • Carol Zoltowski, Inclusion, Diversity, Equity, and Accountability Committee term through 2026

DISCUSSION
Resolutions are on this agenda for consideration of adoption.

FISCAL IMPACT
None.

ATTACHMENTS
Resolutions

________________________________ _____________________________ Ingrid Padilla, City Clerk Jeremy Dennis, City Manager
126
J.

RESOLUTION NO. 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE MAKING AN APPOINTMENT TO

A VACANT POSITION ON THE COMPLETE STREETS SAFETY COMMITTEE RESOLVED by the City Council of the City of Brisbane that the following citizen is hereby appointed as a Member of the Brisbane Complete Streets Safety Committee for the appointment period September 5, 2024 through January 31, 2028 until their successor is qualified and appointed.
__________
Terry O’Connell, Mayor
* * *
ADOPTED at a City Council Meeting held on September 5, 2024, by the City of Brisbane City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

Ingrid Padilla, City Clerk
APPROVED AS TO FORM:

Thomas McMorrow, City Attorney
127
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RESOLUTION NO. 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE MAKING AN APPOINTMENT TO

A VACANT POSITION ON THE OPEN SPACE AND ECOLOGY COMMITTEE RESOLVED by the City Council of the City of Brisbane that the following citizen is hereby appointed as a Member of the Brisbane Open Space and Ecology Committee for the appointment period September 5, 2024 through January 31, 2026 until their successor is qualified and appointed.
__________
Terry O’Connell, Mayor
* * *
ADOPTED at a City Council Meeting held on September 5, 2024 by the City of Brisbane City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

Ingrid Padilla, City Clerk
APPROVED AS TO FORM:

Thomas McMorrow, City Attorney
128
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RESOLUTION NO. 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE MAKING AN APPOINTMENT TO

A VACANT POSITION ON THE INCLUSION, DIVERSITY, EQUITY AND ACCOUNTABILITY

COMMITTEE
RESOLVED by the City Council of the City of Brisbane that the following citizen is hereby appointed as a Member of the Brisbane Inclusion, Diversity, Equity and Accountability Committee for the initial appointment period September 5, 2024 through January 31, 2026 with an option to request to renew for an additional 2 year term until their successor is qualified and appointed. __________
Terry O’Connell, Mayor
* * *
ADOPTED at a City Council Meeting held on September 5, 2024, by the City of Brisbane City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

Ingrid Padilla, City Clerk
APPROVED AS TO FORM:

Thomas McMorrow, City Attorney
129
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RESOLUTION NO. 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE MAKING AN APPOINTMENT TO

A VACANT POSITION ON THE SAN MATEO COUNTY MOSQUITO & VECTOR CONTROL DISTRICT

BOARD OF TRUSTEES
RESOLVED by the City Council of the City of Brisbane that the following citizen is hereby appointed as the city representative of the San Mateo County Mosquito & Vector Control District Board of Trustees for the appointment period September 5, 2024 through January 31, 2028 until their successor is qualified and appointed.
__________
Terry O’Connell, Mayor
* * *
ADOPTED at a City Council Meeting held on September 5, 2024, by the City of Brisbane City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

Ingrid Padilla, City Clerk
APPROVED AS TO FORM:

Thomas McMorrow, City Attorney
130
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File Attachments for Item:

K. Authorize staff to publish the Public Art RFP to solicit prospective artists for the Alvarado to San Benito Stairway as recommended by the Public Art Advisory Committee 131
Stairway Public Art RFP Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: September 5, 2024
From: Noreen Leek, Parks & Recreation Director
Subject: Alvarado to San Benito Stairway Public Art RFP Community Goal/Result
Community Building
Purpose
To increase citizens’ appreciation of art, improve quality of life, and to enhance Brisbane’s identity as a unique community within the greater Bay Area.

Recommendation
Authorize staff to publish the Alvarado to San Benito Stairway Public Art RFP (Attachment 1) to prospective consultants as recommended by the Public Art Advisory Committee.

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

Discussion
The Alvarado to San Benito Stairway project will utilize a 12’ wide city property to extend the improved Central Brisbane alleyway/stairways from Alvarado Street at the lower end to San Benito Avenue at the upper end. Council, the Complete Streets Safety Committee, staff and the public have identified this unimproved steep property as a priority to install a stairway with handrail and bollard lighting. This will enhance safety for pedestrians, including youth and the elderly in Brisbane. Staff applied for Transportation Development Act Article 3 grant funds, which are administered by C/CAG, in 2017, 2019, and again in 2021 for the project. With the third application in 2021, the City was successful in obtaining this state grant funding for construction. Funded improvements will include concrete steps as well as a prefabricated steel stair section, drainage, handrail, and lighting.

The Public Art Advisory Committee recognized an opportunity to incorporate art at this site since construction of the stairway would encourage pedestrian use. The Committee discussed constraints and opportunities of incorporating art at the site with representatives from the Public Works team at their July meeting. At their meeting on August 26, 2024, the Public Art Advisory Committee voted unanimously to recommend the Alvarado to San Benito Stairway Public Art RFP to City Council. The 132
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Stairway Public Art RFP Page 2 of 2
selected artist(s) will be responsible for enhancing and transforming the new public stairway into a vibrant community landmark. The artist(s) will work collaboratively with the City’s Public Art Advisory Committee and City Staff to ensure public outreach and involvement to curate a vision for this public art installation.

Fiscal Impact
The RFP denotes a budget range of $30,000-$80,000, which will be allocated to the artist selected. The Public Art Advisory Committee may choose to recommend dividing the budget between multiple successful applicants. Funds for this are available within the Public Art Fund (Fund 275).

Attachments

1. Alvarado to San Benito Stairway Public Art RFP
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Jeremy Dennis, City Manager 133
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1 BRISBANE
Alvarado to
San Benito
Stairway
Public Art
Project
CITY OF BRISBANE | 50 PARK PLACE, BRISBANE CA, 94005 | WWW.BRISBANECA.ORG RELEASE DATE (9/6/2024)

CALL FOR ARTISTS/REQUEST

FOR PROPOSALS
134
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2 The City of Brisbane, CA is seeking proposals from qualified artists, individuals, or teams (hereinafter referred to as ARTIST) with demonstrated experience in developing public art for functional spaces.

Artists are invited to submit a proposal outlining their experience and qualifications in performing work directly related to the services required.

Selection will be made from responsive proposals that will best serve the interests of the City based on a combination of experience, qualifications, availability, and capacity to perform the scope of services within the outlined schedule.

Please submit your proposal using the format specified in this Request For Proposals (RFP).

PROPOSALS MUST BE RECEIVED BY OCTOBER 4, 2024, NO LATER THAN 12:00PM. Any proposal received after the specified time and date will not be considered. Proposals may be submitted one of the following ways:

Preferred:

1. Electronically via PDF to [email protected] AND [email protected].

Note: An email will be sent to confirm receipt of the electronic proposal.

Accepted:

2. Mailed to:

ATTN: Noreen Leek
Parks & Recreation Director
City of Brisbane
50 Park Place
Brisbane, CA 94005
If mailed, it must be received by the City by no later than 12:00 p.m. on Friday, October 4, 2024.

3. Dropped off in person to the Parks & Recreation Department on the second floor of Brisbane City Hall, 50 Park Place, Brisbane, CA 94005 during business hours. The deadline to drop off in person is 12:00 p.m. on October 4, 2024.

Questions regarding the information contained in the RFP document must be submitted in writing by e-mail to: [email protected]. All questions must be received by September 30, 2024. Questions will be responded to in writing. Written summaries of all questions and answers will be recorded and will be shared with all prospective Artists. Anonymity of the source of specific questions will be maintained in the responses and a clarification addendum will be issued, if necessary. Verbal inquiries are discouraged and the intent behind this requirement is to ensure that all prospective Artists have the same information available to them and no inconsistent, incomplete, or misinformation is communicated to any party.

Noreen Leek
Parks & Recreation Director
(415) 508-2141
[email protected]
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3 INTRODUCTION
The City of Brisbane is seeking proposals from experienced artists for a public art installation that will enhance and transform a new public outdoor stairway into a vibrant community landmark.

The Artist will work collaboratively with the City’s Public Art Advisory Committee and City staff to ensure public outreach and involvement to curate a vision for this public art installation.

BACKGROUND
The City of Brisbane is a small City in San Mateo County, approximately 20.1 square miles, nestled into the lower slopes of San Bruno Mountain. The city is located immediately south of San Francisco and is bordered to the east by the San Francisco Bay. The City of Brisbane was incorporated on November 27, 1961. Brisbane is known as “The City of Stars” due to a holiday tradition dating back to 1939. Residents and businesses adorn their homes and buildings with illuminated stars in early Winter delighting passersby.

The City of Brisbane adopted a Public Arts Ordinance (ENCLOSURE A) in 2014 to increase citizens’ appreciation of art, to improve quality of life, and to enhance Brisbane’s identity as a unique community within the greater Bay Area. Additionally, public art should stimulate creativity, imagination, induce creative conflict, and add a unique human quality to the environment and enrich public spaces. A city rich in art becomes an outdoor cultural museum accessible to everyone.

The Brisbane Public Art Advisory Committee is the City Committee responsible for ensuring all public art projects in the City of Brisbane meet the program criteria and guidelines for selection of an artist or artist team, artwork, and artwork location established in the Public Arts Implementation Guidelines (ENCLOSURE B).

As outlined in the City’s Art in Public Places Ordinance, public art has the power to energize our public spaces, arouse our thinking, and transform the places where we live, work, and play into more welcoming and beautiful environments that invite interaction. By its presence alone, public art can heighten our awareness, question our assumptions, transform a landscape, or express community values, and for these reasons it can have the power, over time, to transform a city's image. Public art helps define a community's identity and reveal its unique character. 136
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4 PROJECT SCOPE & DESCRIPTION
The Public Art Advisory Committee, in collaboration with the Brisbane City Council, seeks to commission signature works of art as part of the construction of a new outdoor stairway. The Alvarado to San Benito Stairway project will utilize a 12’ wide city property to extend the improved Central Brisbane alleyway/stairways from Alvarado Street at the lower end to San Benito Avenue at the upper end. This unimproved steep property located in a residential neighborhood, has been identified by the City as a priority to install a stairway with a handrail and lighting. This will enhance safety for pedestrians, including youth and the elderly in Brisbane by providing an additional passageway from the neighborhood towards central Brisbane’s shops, businesses, and schools. It should be stated that the stairway corridor is located directly adjacent to homes. City staff secured grant funds from the Transportation Development Act for construction itself, and improvements will include concrete steps as well as a prefabricated steel stair section, drainage, handrail and lighting.

This construction project offers several opportunities to integrate major artworks into the landscape and create stand-alone landmarks that can be experienced from multiple perspectives on the site.

The selected artist will be required to work closely with the construction team to incorporate the artwork into the design where necessary. The Public Art Advisory Committee seeks applications from artists working in a variety of media and artistic approaches, who will be responsible for the design and implementation of the artwork. Works in a variety of media and forms will be considered.

Examples of opportunities for artwork integration on the site include (but are not limited to) the following: artwork on the stair risers, handrails, lighting, sculptures, etc. 137
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5 The artwork(s) should:
• Provide excitement for visitors and residents of the community by elevating the space • Establish a sense of place
• Reinforce the individuality of the community
• Be distinctive, dynamic, and unique
• Integrate into the existing natural environment and construction design This artwork will become a permanent addition to the Brisbane public art collection. All applicants must consider the issues of long-term conservation and maintenance of public art, along with time and budget. The design of all art for this project shall be very durable, require minimal maintenance, and be resistant to theft, vandalism, and weathering. Art for this project should not cause any kind of safety hazard for traffic or pedestrians. The art should adhere to the highest standards of quality, timelessness, permanence, and general appeal. NOTE: Art must comply with City building codes and the City’s dark-sky ordinance. Artist proposals will be reviewed by the City of Brisbane’s Public Art Advisory Committee to ensure conformity with city standards of maintenance and durability, as well as Americans with Disabilities Act (ADA) standards. Artists are expected to stay on budget and to complete work in an approved timeframe.

PROJECT TIMELINE
The anticipated schedule for this project is as follows:

City Council reviews and authorizes RFP September 5, 2024 RFP Release Date September 6, 2024
Question Submission Cutoff Deadline September 30, 2024
Proposal Submission Deadline October 4, 2024
Selection Committee review and recommendation October 8, 2024 City Council award of Contract October 17, 2024
Notice to proceed issued to Artist October 18, 2024
IMPORTANT DISCLAIMER REGARDING PROJECT TIMELINE FOR COMPLETION:

If artwork is integrated into the construction (i.e. railing or lighting), design plans must be prepared and approved by the City by November 1st with construction and installation completed no later than June 30th, 2025.

If artwork is supplementary to the stairway construction (i.e. art on the stairway risers or an adjacent sculpture), public engagement regarding design would likely occur between November 2024-February 2025, and installation would take place after June 30th, 2025. *Disclaimer: This timeline is subject to change and the City of Brisbane reserves the right to adjust as deemed necessary. 138
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6 BUDGET
The budget range for this project is $30,000-$80,000, which will be allocated to the artist selected.

Please note: the Public Art Advisory Committee may choose to recommend dividing the budget between multiple successful applicants. The budget should include all costs associated with the completion of the project, including but not limited to: artist fees, materials, labor costs for assistants, insurance, permits, taxes, business and legal expenses, operating costs, art dealer’s fees (if applicable), fabrication, and installation. Applicant shall provide a proposed budget itemized by task, as well as the total project cost proposed. Hourly rates for project staff shall also be provided if applicable. Cost proposal must be submitted separate from the rest of the RFP response.

SUBMISSION REQUIREMENTS
To be responsive, each RFP submission must include the following information in the format indicated. The submittals shall be organized to match the following categories. Submittals not organized according to the following format may be rejected.

1. Letter of Interest - not to exceed one page explaining interest in the project and including pertinent information about the artists approach and projects of a similar nature.

2. Resume - not to exceed two pages listing professional artistic accomplishments, contact information, education or other relevant information, and current contact information for at least two references.

3. Proposal - not to exceed five pages describing the artwork and the artist’s approach.

Include drawings, renderings, materials, and dimensions.

4. Images of Original Representative Work -not to exceed 10 images.

5. Annotated Image List – Each image must include the artist’s name and a brief description of each image stating its title, medium, size, location, and purchase price or commissioned price.

6. Sealed Fee Proposal - The Fee Proposal shall be submitted in a separate sealed envelope or PDF document marked “Stairway Art Budget Proposal”.

SELECTION PROCESS
Pursuant to Sections 4525-4529 of the Government Code of the State of California, the Consultant selection will be based on qualifications. The City’s Public Art Advisory Committee will review the proposals received by the deadline and make recommendations to Brisbane City Council. The City of Brisbane reserves the right to reject any or all proposal(s), to waive technicalities, and to accept whichever proposal(s) that may be in the best interest of the City, at its sole discretion. 139
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7 GENERAL TERMS AND CONDITIONS

1. This RFP does not commit the City to enter into an agreement, to pay any cost incurred in the preparation of a submittal to this request or in subsequent negotiations, or to procure or contract for the project.

2. At any time prior to the specified time and date set for the submission, a person/firm, or their designated representative, may withdraw their proposal.

3. The issuance of this RFP and the acceptance of a proposal do not constitute an agreement by the City that any contract will actually be entered into by the City. The City expressly reserves the right to: • Reject any or all proposals. • Reissue an RFP. • Extend the time frame for submission of the proposals by notification to all parties who have registered an interest in this RFP with the City. • Request more information from any or all applicants. • Waive any immaterial defect or informality. • Decline to go forward with the RFP. • Reject any Subcontractor or Contractor proposed by the Proposer. • The City expressly reserves the right not to award a contract under this RFP.

4. All services shall be provided in accordance with Enclosure "C," the City's Professional Services Agreement. Final terms of any agreement will be established during negotiations.

Negotiations may be terminated by the City for failure to reach mutually acceptable terms.

5. Each artist will be responsible for all costs incurred in preparing a response to this RFP.

6. All materials and documents submitted in response to this RFP will become the property of the City and will not be returned. Artists selected for further negotiations will be responsible for all costs incurred by it during negotiations whether or not such negotiations lead to a contract with the City.

7. Proposers are responsible for reviewing all portions of this RFP. Proposers are to promptly notify the City, in writing, if the proposer discovers any ambiguity, discrepancy, omission or other error in the RFP. Any such notification should be directed to the City promptly after discovery, but in no event later than five working days prior to the date for receipt of proposals.

ENCLOSURES
Enclosure A City of Brisbane Public Arts Ordinance
Enclosure B Public Arts Implementation Guidelines
Enclosure C Sample Professional Services Agreement
Enclosure D Stairway Plan Sheets & Construction Details Enclosure E Project Location and Site Photos
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ENCLOSURE A
Chapter 15.85 ART IN PUBLIC PLACES PROGRAM

15.85.010 Title.

This chapter shall be known as the city's "art in public places program" and may be so cited. (Ord. No. 588, § 1, 10-2-14)

15.85.020 Purpose.

The purpose of the city's art in public places program is to promote the visual arts by requiring the inclusion of a public artwork component in certain new public and private development projects in Brisbane. The city council recognizes that public art has the power to energize our public spaces, arouse our thinking, and transform the places where we live, work, and play into more welcoming and beautiful environments that invite interaction. By its presence alone, public art can heighten our awareness, question our assumptions, transform a landscape, or express community values, and for these reasons it can have the power, over time, to transform a city's image.

Public art helps define a community's identity and reveal the unique character of a specific neighborhood.

15.85.030 Definitions.

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

A. "Brisbane public art fund" means the fund described in Section 15.85.040.

B. "Building development costs" means construction costs, including grading and landscaping costs, for new private developments that do not include costs for hazardous materials abatement, land use planning consultants, feasibility studies, environmental review, land acquisition, legal fees, architecture/engineering, construction management, geotechnical surveys, historical surveys, and demolition. For public developments, "building development costs" means public construction costs that do not include costs for park and landscape renovation projects; pipelines, power transmission lines and towers, switchyards and substations, dwellings in watershed areas; mechanical, plumbing and electrical system upgrades; seismic or structural upgrades; modifications for disabled access, unless occurring in conjunction with a new building construction. "Building development costs" for public developments shall include costs for bridges and overpasses, but shall not include costs for other transportation improvement projects.

C. "Implementation guidelines" means the guidelines for implementation of this chapter to be developed by the public art subcommittee.

D. "In-lieu contribution" means a cash contribution equivalent to the percentage of building development costs required herein.

E. "Public art subcommittee" means a broadly representative subcommittee appointed by the parks and recreation commission.

15.85.040 Brisbane public art fund.

A. The city manager shall establish a Brisbane public art fund to receive in-lieu contributions, donations, and other funds contributed in support of the art in public places program. Unspent monies in the Brisbane 141
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public art fund shall be carried over to the next fiscal year, unless prohibited by the source of the funds, or applicable laws or regulations.

B. The Brisbane public art fund may be used to acquire, place, and maintain public art on public or private property throughout the city, as described in the implementation guidelines.

15.85.050 Contribution requirements.

A. Private Developments.

1. Commercial Projects.
a. Private nonresidential and non-live-work building developments with building development costs from one million dollars ($1,000,000.00) through five million dollars ($5,000,000.00) shall contribute in an amount equal to at least one percent of their building development costs into the Brisbane public art fund as an in-lieu contribution. This section shall apply to both new projects and building alterations/additions.
b. Private nonresidential and non-live-work building developments with building development costs above five million dollars ($5,000,000.00) shall contribute in an amount equal to at least one percent of their building development costs into the Brisbane public art fund as an in-lieu contribution.

Alternatively, at the discretion of the owner or developer, such projects may devote in an amount equal to at least one percent of their building development costs for the acquisition and installation of publicly accessible art on the development site, subject to the provisions of Section 15.85.060. This section shall apply to both new projects and building alterations/additions.

2. Residential Projects.
a. Single and multiple family residential and live-work developments with ten (10) through twenty (20) units shall contribute in an amount equal to at least one-half percent of their building development costs into the Brisbane public art fund as an in-lieu contribution. b. Single and multiple family residential and live-work developments with more than twenty (20) units shall contribute in an amount equal to at least one percent of their building development costs into the Brisbane public art fund as an in-lieu contribution. c. Single and multiple family residential and live-work developments with building development costs above ten million dollars ($10,000,000.00), regardless of the number of units, shall contribute in an amount equal to at least one percent of their building development costs into the Brisbane public art fund as an in-lieu contribution. Alternatively, at the discretion of the owner or developer, such projects may devote in an amount equal to at least one percent of their building development costs for the acquisition and installation of publicly accessible art on the development site, subject to the provisions of Section 15.85.060.
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ENCLOSURE B
Public Arts Implementation Guidelines
City of Brisbane
Approved by Council 06.17.21
Purpose:

The City of Brisbane adopted a Public Arts Ordinance in 2014 in order to increase citizens’ appreciation of art, to improve quality of life, and to enhance Brisbane’s identity as a unique community within the greater Bay Area. Additionally, public art should stimulate creativity, imagination, induce creative conflict, and add a unique human quality to the community environment and enrich public spaces. A city rich in art becomes an outdoor cultural museum accessible to everyone.

Public art can and should be an integral part of the design and the planning process of all development.

Goals:

1. Community Involvement – A community develops a specific identity and character over time.

Residents are uniquely qualified to provide insight into the types of public artwork that are best suited for the community depending on the size of the project. Those who reside in the community are encouraged to participate in the selection process of public art pieces by participating at public meetings.

2. Diversity of Art – The collection should be diverse in its representation of artists and artistic styles and be reflective of the ethnic and cultural diversity of the community.

3. Creation of Sense of Place – Art is important to our common experience because it brings focus, importance, and cohesion to public spaces. Public art develops images and provides experiences that reflect the historical and cultural essence of a community. Public art transforms public spaces by giving them a context and relevance and making them places of community interest and pride.

Public art has the potential to improve the appearance of an entire business block; to heighten the ethnic, historical or cultural aspects of the community and to attract foot traffic to an area that formerly had little or none.

4. Artist Participation – By encouraging collaboration between artist, architects, and engineers, we can provide an aesthetic dimension that expands possibilities for creating public spaces for the community.

Definitions:
• Artist: An individual or team of individual artists whose body of work and professional activities demonstrate serious ongoing commitment to the fine arts. Members of architectural, engineering, design or landscaping firms retained for the design and construction of a 143
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2 development project covered by these Guidelines shall not be considered artists for the purpose of meeting the requirement to provide public art.
• Arts professional: An individual who works in the fine arts field (such as arts consultant, fine arts curators, fine arts collectors, art critics, or art educators). • Artwork or work of art: All forms of original creations of visual arts, including but not limited to:
1) sculpture in any material or combination of materials; 2) painting- all media including portable and permanently affixed works, such as murals and frescoes; 3) graphic arts, print making and drawing; 4) mosaics; 5) photography; 6) crafts in clay, fiber and textiles, wood, metal, plastics and other materials; 7) calligraphy; 8) stained glass; and 9) mixed media – any combination of forms or media, including collage.
• Artwork cost: Artwork cost is the total amount budgeted by the City for a public artwork project. • Building valuation: The total dollar amount of all construction permits for the same development project using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO) building valuation.
• Conceptual design plan: The initial phase of the approval of public artwork that includes review of the artist’s or artist team’s qualifications, conceptual artwork design, and artwork location. • Design: Artwork detailing project design, including scale drawings within site context, sealed by an engineer, if required.
• Fabrication: A detailed description of the methods of fabrication as well as any uncommon or unusual details regarding the approach to creating an artwork piece. • Final design plan: The final phase of the approval of public artwork that involves consideration of a highly defined proposal that conforms to the concept previously considered and approved by the Committee.
• In-lieu contribution: In place of an approved artwork on the site, a developer may elect to pay to the City an amount equal to the program allocation set forth in the Public Arts Ordinance. In-lieu fees shall be submitted to the City and deposited into the Public Art Fund before issuance of a building permit for the development project except when a different time period is approved by the Community Development Director and Parks and Recreation Director. • Installation: A detailed description of the installation procedure if the artwork will not be fabricated directly on the selected site. Installation would include the construction of any required footings or foundation.
• Public art: Any permanent display of a work of visual art that was specifically designed to be located on a site where it would be easily accessible to the public, either on private or public property within the City of Brisbane.
• Public art advisory committee: A committee made of 2 Parks and Recreation Commissioners as designated by the Parks and Recreation Commission, 2 Council Members (the Council’s Parks and Recreation Commission Liaisons), and 3 Brisbane Community members, appointed by City Council. The Community members shall serve two-year terms and one of whom will be professionally engaged in the art community, one of whom will be an employee or owner of a business located in Brisbane, and the other member may be either a resident of Brisbane or an owner or employee of a business located in Brisbane. Members of the Public Art Advisory 144
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3 Committee will be ineligible to propose public art projects while they serve on the Committee and for 1 year after they leave the Committee.
• Public art fund: An interest-bearing account that is managed by the City Manager, or designee, into which public art funds, including donated funds, in-lieu funds and/or public art grant funds are deposited.
• Public place: An interior or exterior area on public or private property that is easily accessible by and highly visible to the general public.

General Procedure:

Public artwork is limited to permanent visual works of art, as opposed to performing, written, or temporary art. Visual art includes but is not limited to, murals, sculptures, artist-designed landscape features, streetscape features, earthworks, environmental installations, and water and digital displays.

Any money donated to or collected through the Building Permit process will be deposited in the Public Art Fund. The City Manager, or designee, shall administer the funds and establish accounting records according to Generally Accepted Accounting Principles (GAAP). The City Manager or designee will authorize all disbursements from the Public Art Fund. The account shall not be added to the City’s General Fund.

The process for selecting the public piece to be installed will depend on whether or not the artwork is commissioned by the City of Brisbane or by a private person or entity.

All privately installed Public Art will be reviewed by a Public Art Advisory Committee. The Public Art Advisory Committee is responsible for reviewing and making decisions on conceptual design plans submitted by a developer of a project subject to the public art requirement.

Additionally, on an annual basis the Public Art Advisory Committee will meet to review the balance of funds in the Public Art Fund to determine if they should propose any projects be initiated and commissioned by the City.

The Public Art Advisory Committee shall ensure all public art projects meet the program criteria and guidelines for selection of an artist or artist team, artwork, and artwork location established in this procedure, before submittal of the Final Design Plan to the City Council.

The following procedure will be used to review and approve public art projects:

Privately Installed Public Art

1. The project contact will meet with the designated staff from the City prior to submitting concept design plans.

2. The developer must contract the services of an artist for any public art project. The developer will provide the work vitae of the art consultant or artist. 145
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4 3. Proposals must include preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed work.

4. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs. If the value of a proposed artwork (by past records of comparable work sold, etc.) cannot be verified, City staff may choose to have the artist’s proposal and or/other completed works appraised by a qualified art appraiser selected by the City. The developer will pay up-front for any art appraisal service fees. This expense will be deducted from the total artwork allocation cost.

5. Preliminary plans must contain such detailed information as may be required by the Public Art Advisory Committee to adequately evaluate the location of the artwork in relation to the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary.

6. A preliminary budget must show the proposed public art project is consistent with the public art ordinance requirements.

7. Within 30 days of receiving a completed application, the Advisory Committee will hold an open meeting to discuss the proposed project. The meeting will be noticed to all properties within 1,000 feet of the property and posted as required by law. With the agreement of the developer, the meeting may take place more than 30 days from receiving the completed application.

The proposed artwork project will be reviewed using the following criteria as applied to the supporting documentation and past projects:

Artistic quality (vision, originality, and craftsmanship); Context (architectural, historical, geographical, and socio-cultural context of the site); quality and permanency of materials; maintenance; safety; diversity of artists; representation in the existing collection of publicly-accessible artworks; and diversity of artworks (media, scale, style, intention) in the existing collection of publicly accessible artworks.

8. The Public Art Advisory Committee will make a recommendation on the proposed artwork to the City Council.

9. The City Council will have the final approval for any public artwork project. If the Council does not approve the proposed project, it can refer the item back to the Advisory Committee for reconsideration.

10. All costs of maintaining a privately installed Public Art work will be the expense of the private entity unless the City accepts the Public Art piece as a donation.

Public Installed Public Art

1. The Public Art Advisory Committee will recommend to the City Council the amount of money from the Public Art Fund to be used on any publicly installed public art pieces and the breakout between Administrative and Maintenance costs of the project. The Public Art Advisory Committee will also recommend a location for the art project, type of artwork when appropriate, process for involving the community in the process, and method of calling for artists. 146
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5 2. The Council will approve available funds for the artwork and solicit members to be part of an Art Selection Committee, if needed.

3. The Public Art Committee shall select an artist, or group of artists, through a public process using one of the following methods:
a. Request for qualifications (RFQ)
b. Request for proposals (RFP)
c. Invitational competition.

4. The City Council shall make a decision on the Public Art Committee’s recommendations on the artist or artist group.

5. The Public Art Committee, any outside professional hired by the City for assisting with the selection of the artwork, and the appropriate City staff (as needed for the particular project) shall meet regularly with the selected artist, or group of artists, in developing the Conceptual Design Plan that meets the artwork and location criteria.

6. Once the Conceptual Plan has been approved by the Public Art Committee, the artist or artist’s team shall refine the project objectives and the Conceptual Design Plan according to the direction of the Public Art Committee.

7. The Final Design will be approved by the City Council.

Use of Funds
All funds appropriated for public art will be deposited in the Public Art Fund. The City Council shall authorize projects for funding as prescribed in the public art implementation guidelines. In circumstances where it is not feasible to incorporate artistic features into a particular project, such money will be pooled and used for art in other projects. Disbursements shall be made in connection with projects approved by City Council. Nothing herein prohibits the City from soliciting or receiving grants, donations, bequests or gifts from private or public sources.

For individual pieces of art, the Art Advisory Committee will recommend to the City Council what percentage of the funds will be set aside for the Public Art, Maintenance and Administration, and Education based on the guidelines below:

1. Public Art Funds
No less than sixty-five percent (65%) of the fees collected shall be directed for Public Art Acquisition and may be spent for the following purposes:
a) Artists’ services and fees.
b) Acquisition of art.
c) Artist selection processes, including jury selection costs and model or design fees.

No more than fifteen percent (15%) of the money collected may be directed for maintenance and curatorial services:
a) Identifying plaques
b) Repair, maintenance, surveys, curatorial services, and other conservation work necessary to keep all artworks in the City collection in standard condition. 147
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6 No more than twenty percent (20%) of the fee may be directed for Public Art Administration and may be spent for the following purposes:
a) Project administration.
b) Community education programs, publicity, dedications, and other purposes as recommended by the Public Art Committee and approved by the City Council. 148
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ENCLOSURE C

DRAFT AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT dated DATE is made by and between THE CITY OF BRISBANE, a municipal corporation ("City"), and ARTIST (“Artist").

RECITALS
A. City desires to retain Artist to design and install artwork(s) for the Alvarado to San Benito stairway project.

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

AGREEMENT

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

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

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

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

5. Method of Payment. Artistshall submit billings to City describing in detail the work performed for which payment is requested, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. Billings shall be submitted monthly, or at such other time as agreed upon between City and Artist. City shall pay Artist no later than 30 days after approval of the invoice by City. Such payment shall not be unreasonably withheld.

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

7. Assignment and Subcontracts. Artist acknowledges that Artist’s special skill and expertise is a material consideration for City entering into this Agreement. Artist shall not assign, subcontract, or delegate to any other party, the performance of any services to be rendered by Artist or subcontractor, 149
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without the prior written approval of City. If City consents to any sub-consulting of work, Artist shall be fully responsible to City for all acts or omissions of the subcontractor.

8. Ownership of Documents. Upon payment of fees and expenses due, all plans, studies, documents, and other writings prepared by and for the Artist in the course of performing its services under this Agreement, except working notes and internal documents, shall become the property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Artist or to any other party. Artist shall, at Artist’s expense, provide such reports, plans, studies, documents, and other writings to City upon written request.

9. Independent Contractor. Artist is, and at all times shall remain, an independent contractor, and not an agent, officer, or employee of City. As an independent contractor, neither Artist, nor any of Artist’s agents or employees, shall be entitled to any salary, fringe benefits, worker's compensation, retirement contributions, sick leave, insurance, or other benefit or right connected with employment by City, or any compensation other than as provided in this Agreement. Artist shall have no power or authority to bind City to any contract or otherwise to incur any obligation or liability for, or on behalf, or in the name of City.

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

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

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

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

Artist shall not be liable for the negligent acts or omissions or willful misconduct of the City.

14. Insurance. Artist, at its own expense, shall procure and maintain, for the duration of this Agreement, insurance policies, which satisfy the following requirements:
(a) Type of policies and coverage:
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(1) General Liability Coverage. Artist shall maintain commercial general liability insurance in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage, providing coverage at least as broad as Insurance Services Office Commercial General Liability form CG 0001 (Ed. 11/88). If the form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. (2) Automobile Liability Coverage. Artist shall maintain automobile liability insurance in an amount not less than $1,000,000 combined single limit for each occurrence, for bodily injury and property damage, providing coverage at least as broad as Insurance Services Office form CA 0001 (Ed. 12/90) Code 1 (any auto).
(3) Workers' Compensation and Employer's Liability Coverage. Artist shall maintain workers' compensation insurance as required by the State of California and employer's liability insurance in an amount not less than $1,000,000 per occurrence, for any and all persons employed by Artist in connection with the performance of services under this Agreement. In the alternative, Artists may rely on a self-insurance program to provide this coverage so long as the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or Artists, if a program of self-insurance is provided, shall waive all rights of subrogation against City for loss arising from work performed by Artists for City. (4) Professional Liability Coverage. Artist shall maintain professional errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence, covering negligent acts, errors or omissions which may be committed by Artist in the performance of its services under this Agreement.
(b) Endorsements: Each general liability and automobile liability insurance policy shall contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Artist; products and completed operations of Artist; premises owned, occupied, or used by Artist; or automobiles owned, leased, hired or borrowed by Artist. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents, or volunteers. (2) For any claims related to the Project, Artist’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be in excess of Artists’ insurance and shall not contribute to it.
151
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(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, its officers, officials, employees, agents, or volunteers.
(4) Artist’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Artist’s insurance coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return-receipt requested, has been given to City.
(c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, Artist shall demonstrate financial capability for payment of such deductibles or self-insured retentions. (d) Acceptability of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A: VII, unless otherwise approved by City in writing. (e) Verification of coverage. Artist shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required by this Agreement. Certificates of such insurance shall be filed with City before commencement of work by Artist. At the request of City, Artist shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by this Agreement.

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

To City City of Brisbane
50 Park Lane
Brisbane, CA 94005
Attn: City Manager

To Artist NAME

ADDRESS
Attn: PRIMARY CONTACT

16. Litigation Expenses and Attorneys' Fees. In the event of any litigation including administrative proceedings relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, assignee or beneficiary, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorney’s 152
K.
fees or costs from any other party or litigant, regardless of which party or litigant might prevail or be deemed a prevailing party.

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

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

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

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

THE CITY OF BRISBANE
By: ____________________________
Jeremy Dennis, City Manager
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ATTEST:
_____________________________
Ingrid Padilla, City Clerk

APPROVED AS TO FORM: ARTIST
By: ____________________________

NAME, COMPANY
Michael Roush
Legal Counsel
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ENCLOSURE E

PROJECT LOCATION AND SITE PHOTOS
Description of location:

The Alvarado to San Benito Stairway project will utilize a 12’ wide city property to extend the improved Central Brisbane alleyway/stairways from Alvarado Street at the lower end to San Benito Avenue at the upper end. Entrances to the stairway are located between 395-401 Alvarado Street, and between 207-215 San Benito Road, Brisbane, CA 94005. Aerial images of the stairway location are provided below.
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Existing condition site photos:

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File Attachments for Item:

L. Approve David L. Brown Productions’ 25th Anniversary documentary screening as a cosponsored event
171
Application for Event Cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 9/5/2024
From: Jeff Franco, Recreation Coordinator
Noreen Leek, Parks & Recreation Director
Subject: Application for Event Cosponsorship
Community Goal/Result
Community Building
Purpose
Promote cultural and social events that encourage community engagement.

Recommendation
Approve David L. Brown Productions’ 25th Anniversary documentary screening as a cosponsored event.

Background
David L. Brown Productions is part of Filmmaker’s Collaborative Inc., a Non-profit 501(c)(3) organization established in 1992. Their mission is to produce and distribute award-winning documentaries and educational productions. David L. Brown is a three-time Emmy Award-winning San Francisco documentary filmmaker/producer, who has produced, written and directed over 80 productions and 16 broadcast documentaries on social, nuclear, health, technology, peace and environmental issues. His documentaries have received over 80 international awards and have been broadcast on PBS and in 15 countries worldwide.

Discussion
David L. Brown Productions 25th Anniversary documentary screening will be held at the Mission Blue Center on Sunday, November 17th, 2024, from 6:00-9:45pm. The event will include the screening of 2 documentaries: “Surfing for Life” and “Of Wind and Waves: The Life of Woody Brown”. A Questions and Answers (Q&A) session will follow. Admission is free to the general public. Meeting the Group II requirements with the event open to the general public qualifies them for free use of the facility and waives the deposit requirement.

Fiscal Impact
David L. Brown Productions is requesting support from the city as summarized in the table below. They have requested use of the Mission Blue Center for the aforementioned event. Although use of the facility and the deposit are waived as part of their Group II designation, they are also asking the City to waive costs associated event insurance.
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FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Hourly Rental of Mission Blue
Center
Approximately 5 hours @
$350/hour = $1,750
(including set up/clean up)
Waived per City policy for Nonprofit use
Mission Blue Rental Deposit
$500
(Typically refundable absent
damages)
Waived per City policy for Nonprofit use
Indoor Event Insurance
Approximately $100-
$250/event. (Renters are typically
required to procure insurance on
their own and provide a copy to the
city.)
Requesting requirement be
waived
Promotional and Marketing
Support
Waived
Attachments

1. Cosponsorship application
Jeff Franco
Jeff Franco, Recreation Coordinator
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Jeremy Dennis, City Manager 173
L.
174
L.
175
L.

File Attachments for Item:

M. Award the Smart Corridors Northern Cities - Brisbane construction contract (Project No. 924D) to Bear Electrical Solutions, Inc. in the amount of $2,915,935 and authorize the mayor to sign the Agreement on behalf of the City
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Award Smart Corridors Northern Cities (No. 924D) Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: September 5, 2024
From: Randy Breault, Director of Public Works/City Engineer Subject: Construction Contract for Smart Corridors Northern Cities Community Goal/Result: Fiscally Prudent
Purpose
To complete the installation of components of an intelligent transportation system to guide overflow traffic winding through Brisbane during freeway closures. This project follows on to the installation of fiber optic that has been underway in Bayshore Boulevard, and will include the installation of an interconnected traffic signal system, closed-circuit television (CCTV) cameras, dynamic message signs, and vehicle detection system.

Recommendation
Award the Smart Corridors Northern Cities - Brisbane construction contract (Project No. 924D) to Bear Electrical Solutions, Inc. in the amount of $2,915,935 and authorize the mayor to sign the Agreement on behalf of the City.

Environmental Review
This contract is part of an overall project that was subject to CEQA and NEPA review. Caltrans approved a Categorical Exemption and a Categorical Exclusion for the project on August 31, 2020.

Background: The city received three bids on August 15, 2024:

Bear Electrical Solutions, Inc. $2,915,935.00
ENGINEER’S ESTIMATE $3,028,750.00
Tennyson Electric, LLC $3,183,675.001
Bay Area Lightworks, Inc. $3,602,925.00
The apparent low bidder’s proposal is responsive, and the bidder is responsible.

Fiscal Impact
A Funding Agreement between the City/County Association of Governments of San Mateo County and the City of Brisbane was executed March 1, 2024. That agreement provided funding of $3,211,697.00 for all the components of this contract. 1 Proposal price as corrected by staff
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M.

Award Smart Corridors Northern Cities (No. 924D) Page 2 of 2 Randy Breault, Director of Public Works/City Engineer Jeremy Dennis, City Manager 178
M.

File Attachments for Item:

N. Approve Excelsior Running Club’s 6th Annual Star City San Bruno Mountain Half Marathon and 5K as a cosponsored event
179
Application for event cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 9/5/2024
From: Jeff Franco, Recreation Coordinator
Noreen Leek, Parks & Recreation Director
Subject: Application for Event Cosponsorship
Community Goal/Result
Community Building & Fundraising
Purpose
Promote cultural and social events that encourage community engagement and provide assistance to local non-profit organizations.

Recommendation
Approve Excelsior Running Club’s 6
th Annual Star City San Bruno Mountain Half Marathon and 5K as a cosponsored event.

Background
The Excelsior Running Club has promoted health & wellness in Brisbane through running since 2013. Their organization has received a permit from the County to use San Bruno Mountain trails for the majority of its Star City San Bruno Mountain Half Marathon & 5K (course maps and written descriptions attached) on October 5, 2024, between 7:00am and 1:00pm. The run will begin on Visitacion Avenue at 9:00am and will conclude on Quarry Road Trail near the park. It is anticipated that the fastest runners should be done by 10:30am and the last of the runners will be done by approximately 2:00pm. Registration for the event is $25-$110/runner. A portion of the registration fee will support El Camino High School, the Brisbane Lions Club, and San Bruno Mountain Watch.

Discussion
The City will need to partially close a number of streets at the beginning of the event. This includes all of Visitacion Avenue from San Francisco to Mariposa (8:45am-9:15am), then the westbound lane only to Mendocino, Mendocino from Visitacion Avenue to Solano (8:45am-9:15am), from the top of the stairway at Humboldt turning left to San Mateo, then right on San Mateo, then left on Kings, right on Margaret, and right on Paul to the trailhead (9:00am-9:30am). Staff time from the Public Works team will be necessary to place public notices onsite prior and to conduct the closure itself on the day of the event. A permit for doing so will be routed by staff in accordance with the City’s policies for traffic encroachment permits. Event registration will take place on Old Quarry Road. The Club is also requesting support from the Public Works Department to place the American Flags along Visitacion Avenue before the start of the race, and for “No Parking” signs to be placed in front of both stairway entrances at Huckleberry Ct. Finally, the Club is requesting to borrow tables and chairs from the P&R department.

The staffing needs of the City are for one public works person to oversee the set-up of the lane closures, set-up American Flags, and then oversee taking down the lane closures and removing the 180
N.

Application for event cosponsorship Page 2 of 2
American Flags. This will take approximately 6 hours. 2 police officers will also be needed in the area from 7:00am when the set-up starts until 10:00am when the traffic lanes are reopened.

Additional staffing costs for the police department will not be incurred for this event since they will already be scheduled to support the annual Day in the Park & Derby event.

Finally, the City will need to post public notices informing the community of the street closures and the impact the event will have on travel within the community. Given that this event will be taking place at the same time as the annual Day in the Park and Derby, City staff intend to advertise to the entire City and not just those who are along the race route. This information will be shared on the City’s social media accounts and in printed materials where possible.

Fiscal Impact
Excelsior Running Club is requesting support from the City as summarized in the table below.

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Public Works Staff OT for
set up/take down of flags on
Visitacion & street closures
Approximately 6 hours on OT @
$52.50/hour = $315 Requesting to be waived
Borrowing City Equipment
(7 tables, 14 chairs) Requesting to be waived
Event Insurance Already provided by the applicant organization Promotional and Marketing
Support Waived
Attachments

1. Cosponsorship event application

2. Event Flyer

3. Course Map & written description – street monitoring

4. Insurance certificate
_Jeff Franco
Jeff Franco, Recreation Coordinator
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Jeremy Dennis, City Manager 181
N.
182
N.
183
N.
184
N.

Half-Marathon Route
5K Route
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2024 Star City San Bruno Mountain Half Marathon and 5K
Additional Request: Place American flags on Visitacion Ave + no parking signs for October 5th from 6AM-3PM in front of both stairway entrances at Huckleberry Ct.

Street Monitoring
- Race Central opens at 7:00 AM at open area below Quarry Road - Course Monitor Captains (TBD) to get cones, flags and safety vests for volunteers. - Lay out cones on right side of Mendocino, Humboldt, Kings at 7:30 AM. - Lay out cones on right side of Mariposa, Solano and road to Lipman, next to Lipman, walkway down to Quarry Rd and over to ramp.
- At 8:30 AM take volunteers to half marathon and 5K course monitoring locations, laying out cones on right side of Visitacion from Mariposa.
o 7 Flaggers at half marathon locations: Visitacion and Mariposa, Visitacion and Mendocino, Mendocino and Solano, Sierra Pt at stairway, Humboldt at stairway, Trinity and Kings, Kings and Margaret.
o 7 Flaggers at 5K locations: Visitacion and Mariposa, Mariposa and Solano, Quarry Rd and ramp, bottom of ramp, road crossing at Valley, road crossing at W. Hill, road crossing at S. Hill. - Half Marathon starts at 9:00 AM. Just prior to the start, cones will be laid down on Visitacion, angled to the right side of the street and the line of cones starting at Mariposa. - After last half marathon runner turns on Mendocino, cones will be removed on Visitacion and placed on the turn to Mariposa for 5K race. Course monitor on Mendocino will walk to Mariposa. - After last half marathon runner turns on to stairway, cones will be removed on Mendocino and Solano.

Course monitor at stairway will walk to Solano and Mariposa. - 5K race starts at 9:15. Cones on Visitacion will be removed immediately after the last runner passes Mariposa.
- After the start of the 5K race, remaining half marathon course monitors will pick up cones and take away ribbons, once all half marathon runners have passed them. - After last 5K runner turns on Solano, the course monitor will pick up cones on Mariposa. - Around 9:30 AM, dispatch course monitor volunteers to the Ridge o 4 Flaggers at the following locations: roadway crossing at Huckleberry stairway, top of stairway at Golden Aster, sidewalk on Golden Aster at trail, Old Ranch Road Trail and utility road junction - After last 5K runner finishes, cones and ribbons along 5K course on the Crocker Park Trail will be taken away (leave cones and ribbons where half marathon overlays 5K). - Approximately at 2 PM, the last half marathon runner should be on the Crocker Park Trail and heading towards the finish line.
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- Once the last half marathon racer has been determined, course monitors will be relieved of duties when that runner passes their location. The course monitors will take away ribbons and cones in their area.

At the link, you will find a map and written description of both race courses: https://starcityhalfmarathon.wordpress.com/course/ Please familiarize yourself with the various streets and monitoring locations along both courses.

For questions, please contact Cliff Lentz 650-219-0291 or Chikara Omine 415-269-1022. 187
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CERTIFICATE OF INSURANCE
PRINT DATE: 7/24/2024
CERTIFICATE NUMBER: 202407241050485
AGENCY:

Edgewood Partners Insurance Center
5909 Peachtree Dunwoody Road, Suite 800
Atlanta, GA 30328
678-324-3300 (Phone), 678-324-3303 (Fax)

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES

NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

NAMED INSURED: INSURERS AFFORDING COVERAGE:

USA Track & Field, Inc.
130 East Washington Street, Suite 800
Indianapolis IN 46204
Excelsior Running Club INSURER A: Accredited Surety and Casualty Company, Inc. NAIC# 26379 INSURER B: Allied World National Assurance Company NAIC# 19489 EVENT INFORMATION:

Star City San Bruno Mountain Half Marathon (10/5/2024 - 10/5/2024) POLICY/COVERAGE INFORMATION:

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INS TYPE OF INSURANCE: POLICY NUMBER(S): EFFECTIVE: EXPIRES: LIMITS:

A GENERAL LIABILITY
X Occurrence
X Participant Legal Liability
1-TRE-IN-17-01338542-01 11/1/2023
12:01 AM
11/1/2024
12:01 AM GENERAL AGGREGATE (Per Event) $4,000,000
EACH OCCURRENCE $2,000,000
DAMAGE TO RENTED PREMISES (Each Occ.) $2,000,000
MEDICAL EXPENSE (Any one person) EXCLUDED
PERSONAL & ADV INJURY $2,000,000
PRODUCTS-COMP/OP AGG $2,000,000

A UMBRELLA/EXCESS LIABILITY
X Occurrence 1-TRE-IN-17-01338543-01 11/1/2023
12:01 AM
11/1/2024
12:01 AM EACH OCCURRENCE $3,000,000
AGGREGATE $3,000,000

B OTHER
X EXCESS LIABILITY 0313-1301 11/1/2023
12:01 AM
11/1/2024
12:01 AM EACH OCCURRENCE $7,000,000
AGGREGATE $7,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS:

Coverage applies to USA Track & Field sanctioned events and registered practices, including any directly related activities, such as event set-up and tear-down, participant check-in and award ceremonies.

The certificate holder is an additional insured per the following endorsement: Blanket Additional Insured (RSCG 03 03) The General Liability policy is primary and non-contributory with respect to the negligence of the Named Insureds (Form CG 20 01) The General Liability policy contains a blanket Waiver of Subrogation as required by contract per Waiver of Transfer of Rights of Recovery Against Others (Form CG 24 04).

Excess policy follows form of underlying General Liability.

CERTIFICATE HOLDER: NOTICE OF CANCELLATION:

City of Brisbane
50 Park Place
Brisbane CA 94005
Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.

AUTHORIZED REPRESENTATIVE:
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File Attachments for Item:

O. Approve the Sierra Point Yacht Club’s 2024 Regatta as a cosponsored event 189
Application for event cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 9/5/2024
From: Jeff Franco, Recreation Coordinator
Noreen Leek, Parks & Recreation Director
Subject: Application for Event Cosponsorship
Community Goal/Result
Community Building & Fundraising
Purpose
Promote cultural and social events that encourage community engagement and provide assistance to local non-profit organizations.

Recommendation
Approve the Sierra Point Yacht Club’s 2024 Regatta as a cosponsored event.

Background
The Sierra Point Yacht Club was established in 1984 to promote social interaction among the membership and other yacht clubs with the intent of encouraging safe, enjoyable pleasureboating.

Discussion
The Regatta is scheduled to be held at the Brisbane Marina on September 21, 2024, from 12:00- 5:00pm. The event will be open to the public with no admission fees. The event will feature two live bands, food, drinks, games, and races. The Coast Guard will also do a search & rescue demonstration. The purpose of the event is to promote responsible boating and community engagement in Brisbane.

The City has been asked to supply 8 six-foot tables, 30 chairs, 15 pop-up tents and 60 weighted sandbags. Sierra Point Yacht Club has also requested to block the lower parking lot at 500 Sierra Point Way, to use sound amplifying equipment, and they anticipate more than 100 participants/spectators. They also intend to permit the sale and consumption of food and alcohol.

The staffing needs of the City are for one Public Works employee to set out “No Parking” signs and remove them after the event. One Police Officer will also be needed in the area from when the event begins at 12:00pm until it ends at 5:00pm. One Parks & Recreation employee will need to gather the requested equipment the day before the event, transport and drop off the equipment at the at the event location, then pick up and return the equipment to their stored locations.

Fiscal Impact
Sierra Point Yacht Club is requesting support from the city as summarized in the table below. 190
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FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Parks & Recreation
department staff time
Approximately 4 hours of labor
@ $50/hour = $200 Requesting to be waived
Borrowing City Equipment
(8 tables, 30 chairs, 15
tents, 60 sandbags)
Requesting to be waived
Public Works Staff OT for
“No Parking” closures
Approximately 1 hour on OT @
$52.50/hour = $52.50 Requesting to be waived
Police Department support 1 police officer for 5 hours on OT @ $81.56/hour = $407.80 Requesting to be waived
Promotional and Marketing
Support Waived
Attachments

1. Cosponsorship event application

2. Event Flyer
_Jeff Franco
Jeff Franco, Recreation Coordinator
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Jeremy Dennis, City Manager 191
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Name of Contact Person: ___________________________________ Contact Person’s Email: _____________________________________________________________________ Name of Organization: _____________________________________ Organization’s Address or P.O. Box: ________________________________________________________________________ Circle ONE of the following items below that best describes your organization. a. Brisbane Non-Profit Organization
b. Non-resident, Non-Profit Organization (Outside of Brisbane) c. School District, School, or School Affiliated Group (ex. PTO) d. Private Group, Club, or Organization
What year did your organization begin serving the Brisbane community? _______1984__________ How has your organization contributed to the Brisbane community in the past 2 years? ___SPYC has held The Regatta for the last 2 years. bringing the Brisbane Community together to share in a day of music, food and beverage and learn about the Marina ______________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ What is your organization’s mission and/or purpose? _______The SPYC was established to promote social interactions, with the intent of encouraging, safe enjoyable pleasure boating and build relationships with Brisbane and surrounding Yacht Clubs __________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

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

CO-SPONSORSHIP APPLICATION

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

EVENT DETAILS
Name of Event: _____The Regatta Day
September 21, 2024__________________________________________ Event Date (mm/dd/yy): ___09/21/24____________________________ Event __________ Location: _______________________________________________ 500 Sierra Pt. Parkway__________________ Reservation Permit Number (if applicable): _________________________ Describe what can be expected from this event? (ex. Performance, shopping, activities, etc.) ______music, food and beverage, Brisbane booth, boat knot training coast guard search and rescue demo, games and fun____________ Will there be any fundraising at this event? _no_ If yes, what will the funds raised be used for? ______________________________ Are there any admission fees for this event? __no__ If yes, please list them here: ____________________________________________ If this event is NOT open to the general public, what are the restrictions for who may attend? (ex. Age, membership, residency, etc.) ________________________________________________________________________________________________

Page 1 ends

Event Set-up Start Time: __9:00 am__
Event Start Time: ___12:00 noon ____
Event Close Time: ___5:00pm_______
Meg Chandler 415.730.7030
[email protected]
Sierra Point Yacht Club spyc.clubexpress.com
500 Sierra Point Pkwy, Brisbane, CA 94005
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City Staff must be present to accommodate the use of any of our indoor facilities. The following schedule will be used to ensure someone will be available when you need access. (If you are not requesting indoor facility use, you may skip to the next section) Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________

INDOOR FACILITY ACCESS REQUEST

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

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

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

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

ADDITIONAL SUPPORT
Quantity: Item:
__8__________ 6ft Long Rectangle Tables
____________ 5ft Diameter Round Tables
_____30_______ Chairs
_______15_____ 10ft x 10ft Canopy/Pop-up Tent
_______60_____ Weighted Sandbags
Do you need any promotional support for this event?
Signboards?
Digital Graphics / Flyers?
Other: ____________________________

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

Page 2 ends

Social Media?
Programs?
Applicant Signature______________________________________ Date________________ X
X
X
yes yes
08/27/24
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File Attachments for Item:

R. Consider Introducing an Ordinance Approving a Zoning Text and Map Amendment 2024-RZ1, 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 R-TUO 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. This item was continued from the City Council Meeting of June 6, 2024 and July 18, 2024.)
195

CITY COUNCIL AGENDA REPORT
Meeting Date: September 5, 2024
From: John Swiecki, Community Development Director
Subject: Zoning Map and Text Amendment 2024-RZ-1 – 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; City of Brisbane, applicant.

SUPPLEMENTAL REPORT
This matter has been continued from the City Council meetings of June 6 and July 18 2024. To further explain the requirements of SB 9 (which is currently in effect and will remain in effect whether or not 2024-RZ-1 is adopted) city-prepared Frequently Asked Questions (FAQS ) have been updated and are available at 2024-RZ-1 | Brisbane, CA (brisbaneca.org) The previous City Council report and related Planning Commission reports are attached for reference and contain a detailed analysis of the proposed amendment.

RECOMMENDATION
Introduce the ordinance amending the zoning text and zoning map to establish the R-TUO Residential Two Unit Overlay district and related code amendments, as provided in Attachment 4 of the July 18 2024 City Council report.

ATTACHMENTS

1. July 18 2024 City Council Report
______________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager John Swiecki
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CITY COUNCIL AGENDA REPORT
Meeting Date: July 18, 2024
From: John Swiecki, Community Development Director
Subject: Zoning Map and Text Amendment 2024-RZ-1 – 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; City of Brisbane, applicant.

SUPPLEMENTAL REPORT

COMMUNITY GOAL/RESULT
Safe Community - Residents and visitors will experience a sense of safety.

PURPOSE
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.

RECOMMENDATION
Introduce the ordinance amending the zoning text and zoning map to establish the R-TUO Residential Two Unit Overlay district and related code amendments, as provided in Attachment

4. BACKGROUND
On June 6, 2024, City Council continued the public hearing on this matter to allow for additional time for the public review. The City Council further directed staff to provide additional background information and explanation of the proposed amendment, and to increase the level of public awareness and engagement.

The June 6, 2024 agenda report and previous Planning Commission workshops and hearing reports are provided in Attachment 5 for reference and include detailed information regarding the proposed ordinance.
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DISCUSSION:

As directed by City Council, staff has prepared informational webpages for SB 9, including graphics which illustrate buildout examples. The July Star included a front-page article summarizing the proposed amendment as well as a hyperlink to the new web pages. See the hyperlink to a new draft ordinances webpage, Draft Ordinances | City of Brisbane, CA (brisbaneca.org) , and the SB 9 specific webpage, 2024-RZ-1 | City of Brisbane, CA (brisbaneca.org) Information regarding the proposed amendment was also included in the July 3 Brisbane Blast and on the City’s social media platforms. As part of the Blast, the City included a link to a new community outreach platform “Engage Brisbane”, which allows community members to provide responses to questions on the objective standards that are included in the ordinance. Also, although this item was continued to tonight’s date specific, new public notices were posted on July 5th. The City’s electronic sign boards at the Community Park and the Northeast Ridge have also been utilized to advertise tonight’s public hearing. Since the June 6th public hearing to the time of this writing, no written comments have been received. If any comments are received prior to the July 18th meeting, they will be provided separately to City Council.

The new webpages include substantial information on a number of issues associated with the requirements and implications of SB 9 and answers some key questions that have been raised.

These are addressed through frequently asked questions (FAQs) on the webpage referenced above. The FAQs also contain the graphic illustrations requested by Council. See weblink 2024- RZ-1 | City of Brisbane, CA (brisbaneca.org) for additional information.

Key considerations include:
• SB 9 became effective statewide in January 2022, including Brisbane. The City is obligated under state law to process applications that demonstrate compliance with SB 9, whether or not the City adopts an ordinance. Since SB 9 took effect in 2022, owners on a total of 4 lots within Brisbane have applied for SB 9 developments, although no development permits have been approved.
• Development under SB 9 allows for property owners to either add an additional unit on their lot (two-unit development) or subdivide their lot into 2 lots (urban lot split), subject to certain restrictions. This is applicable to the R-1 Residential District (R-1) and the R-BA Brisbane Acres Residential District (R-BA). Currently, without using SB 9, lots within these districts may be developed with a single family dwelling, an accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU), for a maximum of (3) units total. Although many variations on development under SB 9 can be achieved, it allows for no more than a total of four (4) units within the original lot area. This represents one more unit than 198
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July 18, 2024 Meeting
allowed under current zoning regulations. Attachments 1 and 2 illustrate several theoretical SB 9 development scenarios.
• Concerns have been raised about the applicability of SB 9 to the R-BA zoning district.

While SB 9 theoretically applies to the R-BA district as a whole, there are several SB-9 eligibility criteria that could limit its applicability to any given lot within the district.

Specifically, lots containing endangered butterfly habitat are not eligible for SB 9 development. Additionally, SB 9 allows that a public agency may deny a project that would have a specific adverse impact upon public health and safety that cannot be mitigated. Consistent with that provision, to promote public safety, Brisbane Municipal Code Section 17.01.060 does not allow for development of new dwelling units on lots that do not have public infrastructure. Therefore, lots within the R-BA district which lack access to public roadways and infrastructure would be ineligible for SB 9 development.

As a result of these criteria, it is likely that many existing R-BA zoned lots would not be eligible for SB 9 development. Any lot in the R-BA zone applying for an SB 9 development would need to demonstrate that all criteria for SB 9 eligibility have been met. Lastly, many lots within the upper Acres have been acquired by the City for open space purposes (see Attachment 3), further reducing the number of lots in the R-BA District with development potential.
• Adoption of the proposed ordinance allows the City to impose objective standards on SB 9 developments. The draft ordinance includes objective standards restricting the height of buildings within the state’s allowable setback areas and on R-BA ridgeline lots. The draft ordinance also requires that the minimum of one off-street parking space per primary unit be uncovered or within a carport, to help ensure these spaces are used for parking. Garage spaces may be provided in addition to the minimum uncovered or carport spaces. It also allows for shared driveways to help preserve on-street parking. • If the draft ordinance is not approved, property owners will still have the right to proceed with SB 9 developments subject to state regulations. The City will be unable to apply any other development standards.

FISCAL IMPACT
None.

MEASURE OF SUCCESS
To provide clear provisions in the BMC in compliance with SB 9 (2021). 199
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July 18, 2024 Meeting

ATTACHMENTS

1. Webpage excerpts - Selected graphic illustrations and FAQs

2. Website hyperlinks (including additional illustrations):
a) Draft Ordinances | City of Brisbane, CA (brisbaneca.org) b) 2024-RZ-1 | City of Brisbane, CA (brisbaneca.org)

3. R-BA City Ownership Map

4. Draft Ordinance - Text and Map Amendment

5. City Council Agenda Report, June 6, 2024
(includes links to Planning Commission reports and minutes) ______________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager 200
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ATTACHMENT 1
Website Excerpts
Selected Graphic Illustrations & FAQs
For FAQs and additional illustrations, see 2024-RZ-1 | City of Brisbane, CA (brisbaneca.org) Selected R-1 Buildout Scenarios
From left to right:

1. Single family dwelling (blue) on standard R-1 lot, per district regulations

2. Single family dwelling, accessory dwelling (yellow) and junior accessory dwelling (red), per district regulations.

3. SB 9 two unit development with second primary dwelling unit (purple)

4. SB 9 urban lot split with second primary dwelling unit (purple).

R-1 District Site Plan Views:
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ATTACHMENT 1
R-1 District Axonometric Views
Frequently Asked Questions
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ATTACHMENT 1
2024-RZ-1 | City of Brisbane, CA (brisbaneca.org)
Why should the City adopt a local ordinance to address SB 9? In 2021 the Governor signed SB 9, which became effective for jurisdictions state-wide in January 2022 and the City is currently processing applications pursuant to SB 9.

Through adoption of a local ordinance the City may include objective development standards, as long as those standards wouldn’t preclude development that would otherwise be compliant with the provisions of SB 9. Objective standards are including in the draft ordinance for 1) parking and 2) building heights within setbacks and on ridgeline lots, as further described below. A local ordinance would provide for clarity in the City’s implementation of SB 9 provisions. The draft ordinance would also commit the City to providing an informational notice to the owners of neighboring properties upon approval of a development project under SB 9.

SB 9 refers to urban lot splits and two unit developments. What’s the difference between the two?
“Two unit developments” generally refers to the development of two primary dwelling units on a an existing lot, or on a lot created through an urban lot split.

An "urban lot split" is a ministerial split of one single family residential lot into two lots pursuant to the provisions of SB 9. Each resultant lot may have a two unit development or a combination of primary dwelling units and JADUs or ADUs. In any case, the maximum development that may occur over the original lot area is 4 dwelling units. That’s one more than may otherwise be permitted.

The draft ordinance is proposed as an overlay district. What does this mean? An overlay district does not alter the underlying district standards. The overlay district (RTUO Residential Two Unit zoning district) standards would only apply to those properties that apply for a permit pursuant to the provisions of SB 9 and are approved for development consistent with SB 9.

Which properties in Brisbane are subject to SB 9?
SB 9 only applies to single family zoning districts, which in Brisbane are the R-1 and R-BA zoning districts. These districts are shown in yellow on the zoning map excerpt (see also our Interactive Zoning Map):
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ATTACHMENT 1
What development is currently allowed within the R-1 zoning district and what does SB 9 allow?
The current lot size standard in the R-1 zone is 5,000 sq ft, although a number of smaller lots are recognized as legal lots, generally in the range of 2,500 sq ft to 5,000 sq ft based on older lot size standards. The R-1 zoning allows for one single family dwelling unit, one attached junior accessory dwelling unit (JADU) and one accessory dwelling unit (ADU) on a lot, irrespective of size, assuming the applicable development standards are met.

SB 9 allows for one additional dwelling unit on that same lot area, either following an “urban lot split” or as a “two unit development” on the existing lot, subject to a number of qualifying criteria and restrictions. An urban lot split is a ministerial division of one legal lot into two lots and a two unit development allows for two primary dwelling units, such as two single family dwellings or a duplex on a lot. Regardless of whether SB 9 is implemented by an urban lot split or by a two unit development on the existing lot, the total dwelling unit count for the original lot area may not exceed four units, including accessory dwelling units, versus three units under the current zoning for both districts. There are various potential buildout configurations and comparison examples for:

1. what may be developed under the R-1 zoning without SB 9;

2. a two unit development; and

3. an urban lot split.

These are theoretical examples based on a maximum buildout. Additional examples based on a maximum buildout are available at this link.

What development is currently permitted in the R-BA zone and what will SB 9 allow? 204
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ATTACHMENT 1
The lot size standard in the R-BA zone is 20,000 sq ft. The R-BA zoning currently allows for one single family dwelling unit, one attached junior accessory dwelling unit (JADU) and one accessory dwelling unit (ADUs) on a lot. SB 9 allows for one additional dwelling unit on that same lot area, either following an “urban lot split” or as a “two unit development” on the existing lot, subject to a number of qualifying criteria and restrictions.

One such qualifying criteria is that the lot may not have endangered species habitat. The R-BA district as a whole is within the San Bruno Mountain Habitat Conservation Plan area and a number of the properties, especially in the upper reaches of the district are likely to contain habitat for endangered butterfly species and would therefore be excluded. Another is that the lot must have infrastructure access for safety and utilities. Many of the lots do not currently have such access or utilities. Since this cost is borne by the property owner for development, this will likely continue to prove to be cost prohibitive, especially for those properties that are distant from existing infrastructure and on steep terrain.

Are there any other limitations on when SB 9 applies?
The endangered species and infrastructure restrictions are applicable to much of the R-BA district, but there are a number of other requirements and restrictions that may apply to either the R-1 and R-BA. Some of these are as follows:
• The lot does not contain wetlands;
• The lot may not be in a very high fire hazard severity zone; • The lot may not contain habitat for protected species; • The lot may not be on lands under a conservation easement; • The lot has not previously been subdivided via urban lot split; • For urban lot splits, prior to a lot split being recorded, the property owner(s) shall sign an affidavit stating that the owner, or a member or members of the owner’s immediate family, intends to occupy one of the dwelling units as the person’s principal residence for a minimum of three years; and
• Development may not result in demolition of a dwelling unit that has been occupied by a tenant in the last three years and other tenant displacement protections.

What is the net increase in the number of housing units that may be developed on a given lot using the SB 9 provisions versus what may currently be developed without using SB 9? The net increase in dwelling units on a given lot is one (1) unit. Currently a lot of record in either the R-BA or the R-1 district maybe developed with a single family dwelling (SFD), an accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU) without invoking SB 9 provisions. SB 9 provides for one more unit as a primary dwelling unit. That may be as a detached unit (resulting in a two unit dwelling group) or as a duplex. If the lot is split, as an urban lot split under the SB 9, the mix of units between the two resultant lots may range from 1 to 3 units, but the total across both resultant lots may not exceed 4 units.

How many units might be developed city-wide as a result of SB 9? 205
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ATTACHMENT 1
This is unknown. Since SB 9 took effect in 2022, owners on a total of 4 lots have applied for SB 9 development via two unit development or an urban lot split, although no development permits have yet been approved. For reference, case studies on three of these projects as provided on the City's website. Also, while there are approximately 880 lots in the R-1 district, lot size, topography, existing construction and other constraints could make SB 9 developments impractical or infeasible. Access and habitat constraints would also likely reduce the feasibility of SB-9 development throughout the R-BA zone.

What permits would be required for a two unit development or urban lot split? For a two unit development without a lot split, a property owner would need to obtain a building permit, which would include documentation on eligibility.

For an urban lot split, prior to obtaining the building a lot split would be required, via separate planning application.

As part of the above referenced permits, a deed restriction would be recorded on the property, identifying the property as being developed through SB 9 and subjecting it to certain development and use restrictions, as provided in the ordinance.

Whether the development under SB 9 is a two unit development on the existing lot, or the owner chooses to apply for an urban lot split, prior to submitting for a building permit, the applications require ministerial approval by the City, as long as they meet all of the requirements of SB 9.

Additional information related to the process in Brisbane for Urban Lot Splits & Two-Unit Developments is available on the City's website. Urban Lot Splits & Two-Unit Developments in Single-Family Zones | City of Brisbane, CA (brisbaneca.org) In an urban lot split, do the two resultant lots need to be the same size? No, but they must be close in size. Pursuant to state law, the allowable size ratio between two resultant lots must be in the range of 40:60 to 50:50. For a 5,000 SF lot, that would be resultant lots in the range of 2,000 SF and 3,000 SF, to 2,500 SF and 2,500 SF, respectively.

Is there a maximum size of the dwelling units that may be permitted under SB 9? The underlying district floor area limits would apply. For the R-1 district that floor area ratio is

0.72, or 3,600 sq ft on a 5,000 sq ft lot, except that the City must allow for primary dwelling units of at least 800 sq ft. An owner may voluntarily develop a smaller unit subject to California Building Code requirements. For the R-BA district, the maximum FAR is also 0.72, except that the total floor area may not exceed 5,500 sq ft.

What development standards apply to units developed under SB 9 provisions? 206
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ATTACHMENT 1
SB 9 provides that a jurisdiction may not require more than a 4 foot building setback from the side or rear lot lines. Comparing this to the current R-1 district standards, the minimum side setbacks range from 3 to 5 feet, depending on the lot width, and the rear setback requirement is 10 feet. In the R-BA district, the minimum rear setback is also 10 feet and the side setbacks range from 5 to 15 feet, depending on the lot width.

Following the Planning Commission’s workshops and public hearing on the draft ordinance, the Commission recommended an objective standard, that the area between the zoning district’s standard setback area and the state’s 4 foot allowance, the building height may not exceed 25 feet. The current standard in the R-1 district is 28 to 30 feet depending on the slope.

Additionally, the 25 foot limit would apply to ridgeline lots within the R-BA district. The current height limit for buildings in the R-BA district is 35 feet. (Note, under the draft ordinance 2024-RZ-2 a height limit of 36 feet has been proposed for both the R-1 and R-BA districts.)
Also, per SB 9 provisions, the City may not require more than one parking space for each primary dwelling unit. Following the Planning Commission’s workshops and public hearing on the draft ordinance, the Commission has recommended an objective standard, that the parking requirement may only be met by off-street uncovered parking or by parking covered by a carport. While garage spaces may be provided, as an owner’s option, they would not count towards the minimum requirement. This proposed standard stemmed from a concern over the common practice of use of garages for storage other than parking.

It has also been proposed that shared driveways should be permitted. This would be to allow for fewer driveway curb-cuts, to help minimize impacts to existing street parking.

Note that, where the R-1 or R-BA zoning district standards are not specifically superseded by the standards provided through SB 9, the underlying zoning district standards would apply.

How are accessory dwelling units or junior accessory dwelling units affected by SB 9? The development provisions for ADUs and JADUs are contained in BMC Chapter 17.43. These provisions would not be changed by the ordinance. That is with the exception that, the use of a property for an ADU or JADU might be superseded by development of a primary dwelling unit through SB 9, but where an ADU or JADU is allowed, the provisions of Chapter 17.43 would still apply.

Since there was a lawsuit over SB 9 in southern California, how will this affect Brisbane? A recent ruling by a Los Angeles Superior Court judge’s overturning SB 9 applied to five charter cities in Southern California. The City’s Legal Counsel indicated that the decision has no effect on other trial courts or other cities. Also, the cities in question are charter cities, not general law cities, such as Brisbane, and the decision hinged on SB 9 conflicting with the land use authority of those cities under their charters. As such, the decision is not relevant to SB 9 as it applies to the City of Brisbane.

Are there some buildout examples?
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ATTACHMENT 1
Subject to certain restrictions, SB 9 allows for two-unit developments and urban lot splits in the R-1 Residential District and R-BA Brisbane Acres Residential District. No more than two primary units may be built on a single lot, whether before or after a lot split, and no more than 4 units (including ADUs and JADUs) may be built across the original lot area.

Consistent with SB 9, the draft ordinance provides tables showing the possible scenarios. A few of the many possibilities have been illustrated on the City's website, based on a 5,000 sq ft lot in the R-1 district and a 20,000 sq ft lot in the R-BA district.

Click here for sample scenarios of Two Unit Developments and Urban Lot Splits and three Brisbane case studies.
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ATTACHMENT 2
Website hyperlinks:
a) Draft Ordinances | City of Brisbane, CA (brisbaneca.org) b) 2024-RZ-1 | City of Brisbane, CA (brisbaneca.org)
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San Benito Rd
King
s
Rd
Humbo
Margaret Ave
Ma
rg
aret
Ave
Radio Rd
San Benito Rd
Sierra Point Rd
Sierra Point Rd

BRISBANE

ELEMENTARY
SCHOOL
Kings Rd
Humboldt Rd
Humboldt Rd
Humboldt Rd
S
ierra
P
oint Rd
Arthur D
r

FIRTH PARK
Radio Rd
Radio Rd
San Bruno Ave
Thoma
s Av
e
Southeast
Bayshore
San Bruno Ave
Humboldt Rd
Lake St
Annis
R
d
McLain
Rd
Gladys
Ave
Ha rold Rd
Bayshore
Blvd
Southwest
Bayshore
Radio Rd
Van Waters&Rogers Rd
Bayshore Blvd
Radio Rd
Bayshore
Blvd
26 83
79 77
78 82
85 84 A
87 86
66 67
65 64
63 68
70 71 &
71 A
72 73 74
75 75 A
76 89
90 91
94 96
97 98
55 56
57 58
59 60
69 61
62 35
36 37
100
30 38
51 52
54 53
25 101
27 105
104
103
103
102
39 40
41 42
43 44
45 46
50 49
48 47
29 29
28 City Owned Parcels Acquired for Open Space Purposes in the R-BA District and Funding Sources ¯
07/09/2024
Esri Community Maps Contributors, County of San Mateo, California, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community Other Means -
Donations, Lawsuit, Density Transfer
US Fish & Wildlife Funded
Coastal Conservancy Funded
Water Tank Sites
City Funded
City Owned Properties
& Funding Sources
Parcels
Priority Preservation Area 2023
Other Layers
R-BA
R-1
Zoning Layers
ATTACHMENT 3
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ATTACHMENT 4
DRAFT ORDINANCE NO.___

AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING BRISBANE MUNICIPAL CODE TITLES 16 AND 17 – TO ADD CHAPTER 17.05 RESIDENTIAL

OVERLAY TO PROVIDE FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN SINGLE FAMILY RESIDENTIAL ZONES AND TO AMEND SECTION 17.02.235 TO ADD A DEFINITION FOR “PRIMARY DWELLING UNIT” OR “MAIN DWELLING” AND TO MODIFY SECTIONS 17.02.120 AND 17.02.220

DEFINING CARPORTS AND DRIVEWAYS AND TO AMEND THE ZONING MAP TO ADD THE R-TUO

RESIDENTIAL TWO UNIT OVERLAY DISTRICT
Now, the City Council of the City of Brisbane hereby ordains as follows:

SECTION 1. Section 16.12.040 - Tentative and final parcel map—Exceptions to requirements is amended as follows:

16.12.040 - Tentative and final parcel map- Exceptions to requirements A tentative parcel map and final parcel map shall not be required in the following cases:

A. Where the subdivision is created by a short-term lease, terminable by either party on not more than thirty (30) days' written notice, of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code;
B. Where land is conveyed to or from a government agency, public entity or public utility, or to a subsidiary of a public utility for rights-of-way, unless a showing is made in individual cases that public policy necessitates a parcel map.

C. Where an urban lot split is proposed, see Chapter 17.05 of Title 17 of this Municipal Code. *****
SECTION 4. Section 17.02.120 - Carport is amended, as follows:

17.02.120 - Carport. "Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a roof or other solid covering and enclosed on no more than two (2) sides.
*****
SECTION 5. Section 17.02.220 - Driveway is amended, as follows:

17.02.220 - Driveway. "Driveway" means a private roadway which provides access to off-street parking or loading spaces, and the use of which is limited to persons residing on the site, their invitees, or persons working on the site. A driveway may be shared, to serve two or more lots, by access easement across one or more of the affected lots. This does not include private streets as defined in Section

17.02.750.
*****
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SECTION 2: Section 17.02.230 - Duplex is hereby deleted in its entirety. *****
SECTION 3. Section 17.02.235 - Dwelling is amended to add a definition for “Duplex dwelling” and “Primary dwelling unit” or “Main Dwelling”, as follows:

17.02.235 - Dwelling.
"Dwelling" means a place that is used as the personal residence of the occupants thereof, including transitional housing as defined in California Health and Safety Code Section 50675.2(h) and supportive housing as defined in California Health and Safety Code Sections 50675.14(b)(2) and (3). The term includes factory-built or manufactured housing, such as mobile homes, but excludes trailers, campers, tents, recreational vehicles, hotels, motels, boarding houses and temporary structures.

A. "Duplex dwelling" means a building containing two dwelling units totally separated from each other by a wall, floor or ceiling; provided, however, that a building containing a single-family dwelling and a lawful accessory dwelling unit or junior accessory dwelling unit shall not be deemed a duplex.

B. "Dwelling group" means a group of two (2) or more detached buildings located upon the same site, each of which contains one or more dwelling units.

C. "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, designed, occupied, or intended for occupancy by one family on a permanent basis. Permanent residency shall mean continuous occupancy of the dwelling unit for a period of thirty (30) days or more.

D. "Multiple-family dwelling" means a building or site containing three (3) or more dwelling units (also see "duplex"). The term includes single-room-occupancy dwelling units, typically comprised of one or two (2) rooms (which may include a kitchen and/or a bathroom, in addition to a bed), that are restricted to occupancy by no more than two (2) persons.

E. "Accessory dwelling unit" means a separate dwelling unit created upon a site that contains a single-family dwelling, duplex, or multiple-family dwelling. Subject to the restrictions of this title, the accessory dwelling unit may be within, attached to, or detached from the single-family dwelling, duplex, or multiple-family dwelling. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The term "secondary dwelling unit" shall have the same meaning throughout this title.

F. "Junior accessory dwelling unit" means a dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the single-family dwelling. Junior accessory dwelling units are distinguished from accessory dwelling units in that they: (1) must include the conversion of existing, legally permitted floor area within an existing single-family dwelling; (2) must be owner occupied, or the main dwelling be owner occupied; and (3) are subject to unique standards that are not applicable to accessory dwelling units, as specified in Chapter 17.43 of this Title.

G. “Primary dwelling unit” or “Main Dwelling” means a dwelling unit that is not an accessory dwelling unit or a junior accessory dwelling unit.
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H. "Single-family dwelling" means a dwelling unit constituting the only principal structure upon a single site (excluding any lawfully established accessory dwelling unit that may be located within the same structure on upon the same site). The term includes employee housing for six (6) or fewer persons, residential care facilities, licensed by the state to provide twenty-four-hour nonmedical care, serving six (6) or fewer persons (not including the operator, the operator's family or persons employed as staff) in need of supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Also see "Group care home" for seven (7) or more persons.
*****
SECTION 6. Section 17.04.010 - Establishment of Districts is amended to add the “R-TUO Residential two unit overlay district” as follows:

The districts into which the city is divided are hereby established and designated as follows:

A. R-1 Residential district.

B. R-2 Residential district.

C. R-3 Residential district.

D. R-BA: Brisbane acres residential district.

E. R-TUO Residential two unit overlay district.

F. C-1: Commercial mixed use district.

G. NCRO: Central Brisbane commercial district.

H. HC: Beatty heavy commercial district.

I. SCRO-1: Southwest Bayshore commercial district.

J. SP-CRO: Sierra Point commercial district.

K. TC-1: Crocker Park trade commercial district.

L. TC-2: Southeast Bayshore trade commercial district.

M. MLB: Marsh Lagoon Bayfront district.

N. O-S: Open space district.

O. P-D: Planned development district.

P. PAOZ: Parkside overlay district.

Q. R-MHP: Residential mobile home park district.
*****
Section 7. Chapter 17.05 Residential Two Unit Overlay District is added to Title 17 as follows:

17.05 Residential Two Unit Development Overlay District.

17.05.010 Purpose. The purpose of this Chapter is to allow no more than two detached or attached primary dwelling units on one lot of record, establish objective standards for the District, and regulate certain subdivisions of a lot of record in single-family zoning districts, in accordance with State law. This Chapter shall be implemented and interpreted in conjunction with California Government Code Sections 65852.21 and 66411.7, as may be amended, and applicable objective standards and procedures set forth in Chapters 17.06, 17.12, 17.43, 16.12, 16.16, and 16.20 of the Brisbane Municipal Code. 213
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17.05.020 Applicability and Relation to Other Sections. This Chapter is provided as an overlay district to the R-1 and R-BA residential districts, to comply with State law, and to carry out the purpose of Section 17.05.010, and, unless specifically addressed within this Chapter, the R-1 and R-BA district standards shall apply, as applicable. This Chapter also allows for ministerial approval of urban lot splits in conjunction with Chapter 16.16 and 16.20 of this Code.

This chapter shall not supersede the provisions of Section 17.01.060 - Requirement For Lot of Record and Infrastructure Improvements-- but applications shall be considered in concert with the provisions of that Section.

This chapter may be applied to a substandard lot, as further described in Section 17.47.030- Exceptions – Lot Area, Lot Dimensions and Lot Lines, if the substandard lot is a lot of record, as defined in Section

17.02.490.

17.05.030 Definitions
For the purposes of this Chapter, the following definitions apply. Terms not defined herein shall be based upon the definitions in Chapter 17.02.

A. “Access Corridor” means an access easement or the “pole” of a flag lot that provides vehicular access to the public right-of-way, that is free of features that obstruct ingress/egress to a lot.

B. “Acting in Concert” means the property owner, or a person as an agent or representative of the property owner, knowingly participating with another person in joint activity or parallel action toward a common goal of subdividing an adjacent parcel.

C. “Car Share Facility” means one or more parking space(s) that have been designated permanently for car share vehicles, where the vehicles are leased for short periods of time, often by the hour.

D. “Department” means the Community Development Department.

E. “Existing Exterior Structural Wall” means and constitutes the original bottom plate and original top plate in its existing position, original studs (with the exception for new window framing), and capable of standing without support
F. “Flag or Panhandle Lot” means a parcel which includes a strip of land that is owned in fee that is used primarily for vehicular access from a public or private street to the major portion of the parcel.

G. “High Quality Transit Corridor” means a corridor with fixed bus route service with service intervals no longer than 15 minutes during peak commute hours, or as defined in State law.

H. “Major Transit Stop” means a site containing any of the following: (i) an existing rail or bus rapid transit station; (ii) a ferry terminal served by either a bus or rail transit service; or (iii) the intersection of two or more major bus routes with a frequency of service intervals of 15 minutes or less during the morning and afternoon peak commute periods, or as defined in state law.

I. “Primary Dwelling Unit” or “Primary Unit” means the same as defined in section 17.02.235.G.

J. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date an application was deemed complete.

K. “Two-unit Development” means a proposed housing development that contains two primary dwelling units on a single lot.
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L. “Urban Lot Split” means a subdivision of an existing lot of record in a single-family zoning district into no more than two separate legal lots, which subdivision satisfies all of the criteria and standards set forth in this Chapter and Government Code Section 66411.7.

17.05.040 Eligibility.

A. To be eligible for a two-unit development or urban lot split as specified in this Chapter, the application shall meet all of the following criteria:

1. The lot is a lot of record and is located within the R-1 Residential zoning district or the R-BA Brisbane Acres Residential zoning district.

2. The owner(s) of the lot has not exercised the owner’s rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the application has been submitted.

3. The lot is not within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4. The lot does not contain any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K), or successor provisions or as amended, which includes, but is not limited to, lands within wetlands, a very high fire hazard severity zone, a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood), habitat for protected species, and lands under a conservation easement.

5. The lot has not previously been subdivided under this Chapter, or under Government Code section 66411.7.

6. For urban lot splits, Prior to a lot split being recorded, the property owner(s) shall sign an affidavit stating that the owner, or a member or members of the owner’s immediate family, intends to occupy one of the dwelling units as the person’s principal residence for a minimum of three years. This requirement shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

17.05.050 Anti-displacement/Eligibility Criteria.

A. Development under this Chapter shall not result in displacement of tenants from:

1. A lot that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. A lot that is subject to any form of rent or price control through the City’s valid exercise of its police power.

B. Development under this Chapter shall not result in:

1. Demolition or alteration as defined in Section 15.10.040.A or B of a dwelling unit that has been occupied by a tenant in the last three years.

2. Demolition of a building, or alteration as defined in Section 15.10.040.A or B, when the building is occupied by a tenant.
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17.05.060 Permitted Uses. The following uses, defined in Chapter 17.02 - Definitions, are permitted in this overlay zoning district in accordance with the development standards and are added to the permitted uses provided in Chapters 17.06 - R-1 Residential District and 17.12 - R-BA Brisbane Acres Residential District of this title:

A. Duplex dwellings.

B. Dwelling groups of two primary dwelling units per lot.

17.05.070 Two Unit Developments without an Urban Lot Split. A Two Unit Development on a lot of record that has not been split under the urban lot split provisions of this Chapter shall comply with the development standards provided in this section.

A. Development Standards. Where not expressly stated, the R-1 and R-BA zoning district development standards, set forth in Chapters 17.06 and 17.12, and ADU and JADU development standards set forth in Chapter 17.43, shall apply. For urban lot split development standards see Section 17.05.080.C.

1. Number of dwelling units. Development of up to four dwelling units may be built in the same lot area typically used for a single-family residence, without an urban lot split, as follows:

Development
Scenario Options
on a Single Lot
without Urban
Lot Split
Single Family
Dwelling
Duplex
Dwelling
(two
attached
primary
units”)
Two-unit
Dwelling
Group
(two
detached
primary
units”)
ADU JADU Total
Dwelling
Units
Type A. NA 2 2
Type B. NA 2 2
Type C. NA 2 1 3
Type D. NA 2 1 3
Type E. NA 2 2 4
Type F. NA 2 2 4
Type G. NA 2 1 1 4
Notes:

1. NA: Not applicable. Development of a single-family dwelling on a lot of record may be permitted per the zoning district standards, provided in Chapter 17.06 and 17.12, without invoking the two unit overlay provisions.

2. See Chapter 17.43 for applicable development regulations for ADU’s or JADU’s..

3. Four units are the maximum that may be permitted on a lot.

4. If Types A through D are initially developed, one or two ADUs may later be added up to the maximum allowed, Types E or F, subject to the provisions of this Chapter.

2. Primary Dwelling Unit Size. Each of the primary dwelling units shall be permitted to be at least 800 square feet in floor area, regardless of the zoning district’s lot coverage and floor area ratio (FAR) limits. For primary dwelling units over 800 square feet, the zoning district floor area standards shall apply; provided, however, this shall not preclude the option to construct smaller primary dwelling units in compliance with the state building code. The minimum floor area for each unit shall be as permitted by the state building code. 216
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3. Lot coverage. The R-1 or R-BA district lot coverage limit shall apply except where it would preclude development of new primary units of 800 square feet, or retention of the lot coverage of an existing primary unit or addition of accessory dwelling unit, in compliance with the provisions of this Chapter and Chapter 17.43 of this Title.

4. Side and Rear Setbacks. Minimum side and rear setbacks for the primary dwelling units shall be 4 feet, except for the following:
(a) Where the underlying district development standards allow for a lesser setback, the district standards shall apply.
(b) No setback shall be required for an existing legal non-conforming structure, or a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure.

5. Height of Primary Dwelling Units.
(a) Where a primary dwelling unit utilizes the 4-foot side or rear setback allowance, for a reduced setback versus the district’s setback, no portion of the building that is located in the area between the 4-foot setback and the district’s setback minimum shall exceed 25 feet in height.
(b) The maximum height of any primary dwelling unit on a ridgeline lot within the R-BA district, as defined in Section 17.02.695, shall be 25 feet, except for (i) an existing legal non-conforming structure, (ii) a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure, or(iii) as approved by design review permit per Section 17.12.040.L.

6. Off-Street Parking.
(a) A minimum of one standard size, off-street parking space (uncovered or carport) for each primary dwelling unit shall be required (refer to Chapter 17.34 for parking space design standards). Garage parking space(s) shall not count towards meeting the minimum parking requirements.
(b) Shared driveways may be permitted to serve more than one dwelling unit, subject to approval by the City Engineer, based on finding that a shared driveway will not pose a hazard to public safety. See the definition of driveway in Section 17.02.220 of this title. (c) Notwithstanding the parking requirements indicated above, no off-street parking shall be required if:
(i) The lot is located within one-half mile walking distance of either a transit stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or (ii) There is a designated parking area for one or more car-share facilities within one block of the lot.

17.05.080 Urban Lot Splits. The City may approve a parcel map for an urban lot split ministerially, subject to the procedures, requirements and development standards provided in this section. 217
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A. Ministerial Parcel Map Procedures. The parcel map shall be prepared following the tentative map form and procedures provided in Chapter 16.16 - Tentative Map Procedures and Chapter 16.20- Final Map Procedures, except that the parcel map shall be approved by the City Engineer. The City Engineer shall have authority to waive specific requirements provided in Chapter 16.16 and Chapter 16.20, if the City Engineer deems the requirements inapplicable, given the site location or other characteristics.

B. Ministerial Parcel Map Requirements. A parcel map for an urban lot split shall meet the requirements of Chapter 16.16 and 16.20 of the Municipal Code, as deemed applicable by the City Engineer, and all of the following requirements:

1. The parcel map subdivides an existing lot of record to create no more than two legal lots of record of approximately equal lot area provided that one lot shall not be smaller than 40 percent of the lot area of the original lot of record proposed for subdivision.

2. Both newly created lots of record shall be no smaller than 1,200 square feet.

3. The zoning district lot width and depth dimension minimums shall not apply.

4. Flag lots may be approved. The flagpole portion, whether part of the flag lot or an easement on the flag lot, shall have a minimum width of 12 feet to accommodate a driveway, unless a lesser width is approved by the City Engineer. The location and dimensions of driveways are subject to approval by the City Engineer as set forth in Section 12.24.015.

5. Both parcels resulting from the urban lot split shall have access to, provide access to, or adjoin the public right-of-way through right-of-way frontage or recorded access easements.

6. The approved parcel map shall include a notation that the parcels were created using the Urban Lot Split provisions of this Chapter and the resulting parcels cannot be further subdivided under this Chapter.

7. The urban lot split conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this Chapter.

8. The parcel being subdivided was not established through prior exercise of an urban lot split as provided for in this Chapter.

9. Neither the property owner of the parcel being subdivided nor any person acting in concert with the property owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this Chapter.

C. Development Standards for Urban Lot Splits. Development on lots that have been split under this Chapter shall comply with the development standards provided in this section. Where not expressly stated, the R-1 and R-BA zoning district development standards, set forth in Chapters 17.06 and 17.12, and ADU and JADU development standards set forth in Chapter 17.43, shall apply.

1. Number of dwelling units. With an urban lot split, development of no more than four dwelling units may be built in the same lot area that would otherwise be used for a single-family residence, as shown in Tables a and b provided below. Note that Tables a and b are to be used together to detail possible development scenarios following an urban lot split. Table a provides various development scenarios that are possible on a single lot, following a lot split, as Types A through I. Table b shows how the scenario types may then be combined for the two resultant lots. For example, if one resultant lot is developed with three units (Types F, G, H or I), the second resultant lot may only be developed with a single family dwelling (Type A), for a maximum of four units on the two resultant lots.
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a. Number and Types of Units- With Urban Lot Split
Development
Scenario Options
for Each
Resultant Lot
Following Split
Single
Family
Residence
Duplex Two-unit
Dwelling
Group
ADU JADU(2) Total
Units per
lot
Type A 1 1
Type B 1 1 2
Type C 1 1 2
Type D 2 2
Type E 2 2
Type F 1 1 1 3
Type G 2 1 3
Type H 2 1 3
Type I 2 1 3
Notes:

1. Urban lot splits may utilize a combination of buildout types A – H, provided that all of the following conditions are met: a) the total number of units does not exceed four across the two lots, b) each of the two lots is to be developed with at least one primary dwelling unit, and c) development of ADUs and JADUs shall comply with Chapter 17.43.

2. JADU’s are not permitted as a part of building that contains 2 or more units (i.e. duplex). b. Lot Split - Resulting Lot Buildout Scenarios. The following table shows the total units that may be achieved by applying the development scenario options from Table 17.05.080.C.1.a to the two resultant lots.

RESULTANT LOT 1 (Housing Unit Totals)

RESULTANT
LOT 2
(Housing
Unit Totals)
Buildout
Type
(units)
Type A
(1)
Type
B
(2)
Type
C
(2)
Type
D
(2)
Type
E
(2)
Type F
(3)
Type G
(3)
Type H
(3)
Type
I
(3)
Type A (1) 2 3 3 3 3 4 4 4 4
Type B (2) 3 4 4 4 4 NP NP NP NP
Type C (2) 3 4 4 4 4 NP NP NP NP
Type D (2) 3 4 4 4 4 NP NP NP NP
Type E (2) 3 4 4 4 4 NP NP NP NP
Type F (3) 4 NP NP NP NP NP NP NP NP
Type G (3) 4 NP NP NP NP NP NP NP NP
Type H (3) 4 NP NP NP NP NP NP NP NP
Type I (3) 4 NP NP NP NP NP NP NP NP
Note: NP: Not Permitted for the buildout scenario. Buildout scenario may not exceed four units. 219
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3. Lot coverage. The zoning district’s lot coverage limit shall not apply where it would preclude development of new primary units of at least 800 square feet, retention of the lot coverage of an existing primary unit or addition of accessory dwelling unit, in compliance with the provisions of this Chapter and Chapter 17.43 of this Title.

4. Side and Rear Setbacks. Minimum side and rear setbacks for the primary dwelling units shall be four feet, except for the following:
(a) Where the underlying zoning district development standards allow for a lesser setback, the district standards shall prevail.
(b) No setback shall be required for an existing legal non-conforming structure, or a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure.

5. Height of Primary Units.
(a) Where a primary dwelling unit utilizes the 4-foot side or rear setback allowance, for a reduced setback versus the district’s setback, no portion of the building that is located in the area between the four 4-foot setback and the district’s setback minimum shall exceed 25 feet in height.
(b) The maximum height of any primary dwelling unit on a ridgeline lot within the R-BA district, as defined in Section 17.02.695, shall be 25 feet, except for (i) an existing legal non-conforming structure, (ii) a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure, or(iii) as approved by design permit per Section 17.12.040.L.

6. Off-Street Parking.
(a) A minimum of one standard size, off-street parking space (uncovered or carport) for each primary dwelling unit shall be required (refer to Chapter 17.34 for parking space design standards). Garage parking space(s) shall not count towards meeting the minimum parking requirements.
(b) Shared driveways may be permitted to serve more than one lot, subject to approval by the City Engineer, based on finding that the driveway will not pose a hazard to public safety. See the definition of driveway in Section 17.02.220 of this title. (c) Notwithstanding the parking requirements indicated above, no off-street parking shall be required if:
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(iii) The lot is located within one-half mile walking distance of either a transit stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or (iv) There is a designated parking area for one or more car-share facilities within one block of the parcel.

7. Deed Restriction. A property owner utilizing the provisions of this Chapter shall record a deed restriction, in a form acceptable to the City, that does the following:
(a) Where applicable, documents that the lot split complies with the provisions of this Chapter and restrictions provided in Government Code section 66411.7. (b) Expressly prohibits any rental of any dwelling unit on the property or properties for a term of 30 days or less.

17.05.090 Requirement for a Building Permit
Demolition, alteration or construction of any building shall require building permit(s). All construction shall be in conformance with the most recent edition of the California Model Codes with any applicable Brisbane amendments.

17.05.100 Notices
Upon issuance of a building permit for a two unit development under Section 17.05.070 or a building permit following an urban lot split under Section 17.05.080, the City shall provide an informational notice to the property owners adjacent to and directly across the street from the subject site(s). The notice shall provide a brief description of the project and information on how to view approved plans.

17.05.110 Condominiums
Condominiums may be established for primary dwelling units in accordance with Chapter 17.30 - Condominiums. Establishment of condominiums shall be subject to ministerial approval by the Community Development Director, based on conformance with the applicable provisions of this chapter and Chapter 17.30.

17.05.120 Findings of Denial. The City may deny a two-unit housing development or urban lot split, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Section 17.05.030.J. *****
SECTION 8: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Brisbane hereby declares that it would have passed this Ordinance and each section, 221
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subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. *****
SECTION 9: This Ordinance shall be in full force and effect thirty days after its passage and adoption.
_____________________________
Terry O’Connell, Mayor
* * *
The above and foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Brisbane held on the _________ day of ________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ City Clerk City Attorney
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TC-2
TC-1
SP-CRO
SCRO-1
R-MHP
R-BA
R-3
R-2
R-1
PD
PAOZ-2
PAOZ-1
O-S
NCRO-2
NCRO-1
MLB
M-1
HC
C/P-U
C-1
R-TUO
0 0.25 0.5 1 1.5 2
Miles
P r o p o s e d N e w Z o n i n g D i s t r i c t

C I T Y O F B R I S B A N E C A L I F O R N I A
Parcel and HCP GIS data provided by San Mateo County
Zoning GIS data provided by City of Brisbane
04/25/2024
Baylands San Francisco Bay
HWY 101
Northeast Ridge
Crocker Park
Brisbane
Lagoon
Sierra Point
Marina
Quarry
Central Brisbane
Brisbane Acres
NE Bayshore
Southeast
Bayshore

VALLEY DR BAYSHORE BLVD

VISITACION AVE

TUNNEL AVE

LAGOON WAY

SAN BRUNO AVE

GUADALUPE CANYON PKWY
HWY 101
HWY 101
Beatty
Brisbane Parcels
TC-2
TC-1
SP-CRO
SCRO-1
R-MHP
R-BA
R-3
R-2
R-1
PD
PAOZ-2
PAOZ-1
O-S
NCRO-2
NCRO-1
MLB
M-1
HC
C/P-U
C-1
Commercial/Public Utilities District
Heavy Commercial District
Manufacturing District
Marsh Lagoon Bayfront District
Brisbane Village Neighborhood Commercial District
Downtown Brisbane Neighborhood Commercial District
Open Space
Parkside Overlay District - Clustered Housing
Parkside Overlay District - Multi-Family Housing
Sierra Point Commercial District
Commercial Mixed-Use District
Planned Development District
Residential District
Residential District
Residential District
Brisbane Acres Residential District
Residential Mobile Home Park District
Southwest Bayshore Commercial District
Crocker Park Trade Commercial District
Southeast Bayshore Commercial District
HCP Habitat Conservation Plan Area
Airbus,USGS,NGA,NASA,CGIAR,NCEAS,NLS,OS,NMA,Geodatastyrelsen,GSA,GSI and the GIS User Community E x i s t i n g L a y e r s / Z o n i n g D i s t r i c t s P r o p o s e d N e w Z o n i n g D i s t r i c t
R-TUO Residential Two Unit Overlay District
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CITY COUNCIL AGENDA REPORT
Meeting Date: June 6, 2024
From: John Swiecki, Community Development Director
Subject: Zoning Map and Text Amendment 2024-RZ-1 – 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; City of Brisbane, applicant.

COMMUNITY GOAL/RESULT
Safe Community - Residents and visitors will experience a sense of safety.

PURPOSE
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.

BACKGROUND
California Senate Bill SB 9 (2021) was codified as Gov’t Code Sections 65852.21(j) and 66411.7(n).

These regulations became effective on January 1, 2022 and require jurisdictions statewide to permit two-unit primary dwellings in the single-family residential zoning districts on lots where one single-family dwelling would normally be permitted, or for single-family lots to be split into two lots, subject to certain restrictions. For Brisbane, this is applicable to the R-1 Residential District and the R-BA Brisbane Acres Residential District. It does not apply to multifamily zoning districts.

Property owners may invoke the provisions of SB 9, absent a City ordinance. Since January 2022, the City has had four such applications submitted, two for urban lot splits and two for two unit 1 110
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developments. Although SB 9 may be invoked without City regulations, the revised 2023-2031 Housing Element (Housing Element) includes a program for Brisbane to update its zoning ordinance to implement SB 9. That is:
“Program 2.A.6: Adopt implementing ordinance for ministerial duplex conversions and single-family lot splits as provided by Government Code Sections 65852.21 and 66411.7.” State law also allows jurisdictions to adopt objective standards through local ordinance, so long as they would not preclude two unit developments that would otherwise comply with the law.

The Planning Commission held workshops in 2023 to early 2024 on the proposed regulations, then a held a public hearing on May 9, 2024. The Planning Commission, by a vote of 4-0, recommended that City Council adopt the proposed ordinance. The Planning Commission resolution, draft minutes and agenda report are provided in Attachments 4, 5 and 6. Public correspondence is provided in Attachment 7.

Correspondence and the Planning Commission’s discussion referenced a recent ruling by a Los Angeles Superior Court judge’s overturning SB 9 as it applies to five charter cities in Southern California and its potential applicability to Brisbane. The City’s Legal Counsel indicated that the decision has no effect on other trial courts or other cities. Also, the cities in question are charter cities, not general law cities, such as Brisbane, and the decision hinged on SB 9 conflicting with the land use authority of those cities under their charters. As such, the decision is not relevant to SB 9 as it applies to the City of Brisbane.

DISCUSSION:

SB 9 allows for owners of certain eligible lots within the single-family zoning districts to either split an existing lot of record to two lots, or to keep the lot as-is and develop it with two primary units where one single family dwelling would otherwise be permitted. Note that a primary dwelling unit is a housing unit that is not a junior accessory dwelling unit (JADU) or accessory dwelling unit (ADU). Primary dwelling unit is a broad term that, for the purposes of the proposed overlay district, may include single family dwellings, duplex dwelling units and two-unit dwelling groups. In multifamily zoning districts a primary unit may also refer to units within a multifamily development.

State law and Brisbane code also allows for JADUs and ADUs, both on lots with single family dwellings and those established through SB 9. There are various ways that development under SB 9 could be accomplished, but in essence the maximum number of units that could be permitted by invoking SB 9 is four units and the maximum without SB 9 is three units. Note that per SB 9, the permitting process would be ministerial, whether the development is as a two unit development on an existing lot, or by urban lot split.
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Specific provisions, as required by SB 9, allow for the following:
• Primary dwelling units of 800 square feet in floor area must be allowed, regardless of the underlying district’s floor area ratio (FAR) maximums. Note that JADU and ADU sizes are provided in BMC Chapter 17.43, consistent with state law, and these would not change. • The district’s lot coverage limits may not be used to prevent development that would otherwise comply with the development standards.
• Required side and rear setbacks shall not exceed 4 feet. • No more than 1 off-street parking space per primary dwelling unit may be required by the City.
• For urban lot splits, the two resultant lots must each be at least 1,200 square feet and the size difference between the lot must be in the proportion range of 50:50 to 40:60, so they would be near the same size.

Additional provisions proposed in the draft ordinance are outlined below, with further discussion on the next page:
• In cases where the 4 foot setback would be less than the underlying district setback, a height limit of 25 feet is proposed as discussed below. The existing district setback standards range from 3 to 5 feet for the side and 10 feet in the rear in the R-1 district and 5 to 15 feet for the side and 10 feet in the rear in the R-BA district. • Each primary dwelling unit would be required to have a minimum of one standard size off-street parking space, as indicated above, and that parking may be either uncovered or covered by a carport. Garage parking may also be provided, as an owner’s option in addition to the minimum parking, but it may not count toward meeting the required parking.
• Shared driveways may be permitted.

Height Limit: The 25 foot height limit is proposed for that portion of a primary dwelling that is located between the underlying district setback and the 4 foot setback allowed by SB 9. For example, the rear setback for structures in the R-1 district is 10 feet minimum from the rear lot line, whereas SB 9 reduces that setback to a 4 feet minimum. The 25 foot height limit would apply to that portion of a structure located between the 10 foot and 4 foot setbacks.

The height of 25 feet is proposed as it is the same as recently adopted state law for ADU heights, which may also have 4 foot setbacks. This same objective standard would apply to any primary 3 112
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unit on an R-BA ridgeline lot, since the design permit provisions for ridgeline lots would not apply in the case of a two unit development using the overlay standards. This would be a reduction from the current district height limit of 35 feet in the R-BA district and the 30 height limit in the R-1. (Note that the draft ordinance 2024-RZ-2, which is also on the agenda for tonight, would raise the underlying district heights to 36 feet, but the 25 foot limit would apply to that portion of a structure that’s within the normal setback area.)
Parking & Shared Driveways: As noted above, each primary dwelling unit would be required to have a minimum of one standard size off-street parking space. That may be uncovered or covered by a carport. Garage parking may also be provided, as an owner’s option in addition to the minimum parking, but it may not count toward meeting the required parking. The provision of not counting garage parking toward the minimum requirement is proposed as a result of Planning Commission concerns raised about the use of garage spaces for other uses besides parking, such as storage, and the limited number of on-street parking spaces in many of the R-1 residential neighborhoods. Note that JADU or ADU off-street parking generally is not required, with some exceptions depending on distance to public transportation, and this would not be changed through this ordinance.

Shared driveways may also be permitted, given the proposed amendment to the driveway definition, but where parking is required for the different units, they must be independently accessible (i.e. not in tandem with another unit). Note that the amendment to allow for shared driveways would be within Chapter 17.02 - Definitions, so it would extend beyond the overlay zoning district.

The Planning Commission recommended an additional provision following the public hearing, that an informational notice to be sent to adjacent property owners upon issuance of a building permit approval, for projects approved utilizing the overlay provisions. That has been included in the draft ordinance as Section 17.05.100 - Notices.

Correspondence received prior to the Planning Commission hearing was duly considered by the Commission and is provided for reference in Attachment 7.

FISCAL IMPACT
None.

MEASURE OF SUCCESS
To provide clear provisions in the BMC in compliance with SB 9 (2021). 4 113
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ATTACHMENTS

1. Draft Ordinance Establishing the R-TUO Zoning District

2. Draft Zoning Map Amendment Showing the Proposed R-TUO District

3. Redlined Draft Ordinance

4. Planning Commission Resolution 2024-RZ-1

5. Draft Planning Commission Meeting Minutes, May 9, 2024

6. Planning Commission Agenda Report, May 9, 2024

7. Correspondence
______________________________ ___________________________________ John Swiecki, Community Development Director Clay Holstine, City Manager 5 114
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ATTACHMENT 3

REDLINED DRAFT ORDINANCE
Note: Red text indicates proposed as new or strikeout amendments to the Brisbane Municipal Code (BMC).

Section 16.12.040 - Tentative and final parcel map—Exceptions to requirements is amended as follows:

16.12.040 - Tentative and final parcel map- Exceptions to requirements A tentative parcel map and final parcel map shall not be required in the following cases:

C. Where an urban lot split is proposed, see Chapter 17.05 of Title 17 of this Municipal Code.

Section 17.02.120 - Carport is amended, as follows:

17.02.120 - Carport. "Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a roof or other solid covering and enclosed on no more than two (2) sides.
"Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a permanent roof and not enclosed on two (2) or more sides.

Section 17.02.220 - Driveway is amended, as follows:

17.02.750.
on a single site, the use of which is limited to persons residing or working on the site and their invitees, licensees and business visitors.

Section 17.02.230 - Duplex is hereby deleted in its entirety. 19 128
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Section 17.02.235 - Dwelling is amended to add a definition for “Duplex dwelling” and “Primary dwelling unit” or “Main Dwelling”, as follows:

B. A. "Dwelling group" means a group of two (2) or more detached buildings located upon the same site, each of which contains one or more dwelling units.

C. B. "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, designed, occupied, or intended for occupancy by one family on a permanent basis. Permanent residency shall mean continuous occupancy of the dwelling unit for a period of thirty (30) days or more.

D. C. "Multiple-family dwelling" means a building or site containing three (3) or more dwelling units (also see "duplex"). The term includes single-room-occupancy dwelling units, typically comprised of one or two (2) rooms (which may include a kitchen and/or a bathroom, in addition to a bed), that are restricted to occupancy by no more than two (2) persons.

E. D. "Accessory dwelling unit" means a separate dwelling unit created upon a site that contains a single-family dwelling, duplex, or multiple-family dwelling. Subject to the restrictions of this title, the accessory dwelling unit may be within, attached to, or detached from the single-family dwelling, duplex, or multiple-family dwelling. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The term "secondary dwelling unit" shall have the same meaning throughout this title.

F. E. "Junior accessory dwelling unit" means a dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the single-family dwelling. Junior accessory dwelling units are distinguished from accessory dwelling units in that they: (1) must include the conversion of existing, legally permitted floor area within an existing single-family dwelling; (2) must be owner occupied, or the main dwelling be owner occupied; and (3) are subject to unique standards that are not applicable to accessory dwelling units, as specified in Chapter 17.43 of this Title.

G. “Primary dwelling unit” or “Main Dwelling” means a dwelling unit that is not an accessory dwelling unit or a junior accessory dwelling unit.

H. F. "Single-family dwelling" means a dwelling unit constituting the only principal structure upon a single site (excluding any lawfully established accessory dwelling unit that may be located within the same structure on upon the same site). The term includes employee housing for six (6) or fewer persons, residential care facilities, licensed by the state to provide twenty-four-hour nonmedical care, serving six (6) or fewer persons (not including the operator, the operator's 20 129
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family or persons employed as staff) in need of supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Also see "Group care home" for seven (7) or more persons.

Section 17.04.010 - Establishment of Districts is amended to add the “R-TUO Residential two unit overlay district” as follows:

The districts into which the city is divided are hereby established and designated as follows:

A. R-1 Residential district.

B. R-2 Residential district.

C. R-3 Residential district.

D. R-BA: Brisbane acres residential district.

E. R-TUO Residential two unit overlay district.

F. E. C-1: Commercial mixed use district.

G. F. NCRO: Central Brisbane commercial district.

H. G. HC: Beatty heavy commercial district.

I. H. SCRO-1: Southwest Bayshore commercial district.

J. I. SP-CRO: Sierra Point commercial district.

K. J. TC-1: Crocker Park trade commercial district.

L. K. TC-2: Southeast Bayshore trade commercial district.

M. L. MLB: Marsh Lagoon Bayfront district.

N. M. O-S: Open space district.

O. N. P-D: Planned development district.

P. O. PAOZ: Parkside overlay district.

Q. P. R-MHP: Residential mobile home park district.

Chapter 17.05 Residential Two Unit Overlay District is added to Title 17 as follows:

17.05 Residential Two Unit Development Overlay District.

17.02.490.

17.05.030 Definitions
For the purposes of this Chapter, the following definitions apply. Terms not defined herein shall be based upon the definitions in Chapter 17.02.

D. “Department” means the Community Development Department.

G. “High Quality Transit Corridor” means a corridor with fixed bus route service with service intervals no longer than 15 minutes during peak commute hours, or as defined in State law.

I. “Primary Dwelling Unit” or “Primary Unit” means the same as defined in section 17.02.235.G.

K. “Two-unit Development” means a proposed housing development that contains two primary dwelling units on a single lot.

17.05.040 Eligibility.
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A. To be eligible for a two-unit development or urban lot split as specified in this Chapter, the application shall meet all of the following criteria:

1. The lot is a lot of record and is located within the R-1 Residential zoning district or the R-BA Brisbane Acres Residential zoning district.

5. The lot has not previously been subdivided under this Chapter, or under Government Code section 66411.7.

17.05.050 Anti-displacement/Eligibility Criteria.

A. Development under this Chapter shall not result in displacement of tenants from:

1. A lot that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. A lot that is subject to any form of rent or price control through the City’s valid exercise of its police power.

B. Development under this Chapter shall not result in:

1. Demolition or alteration as defined in Section 15.10.040.A or B of a dwelling unit that has been occupied by a tenant in the last three years.

2. Demolition of a building, or alteration as defined in Section 15.10.040.A or B, when the building is occupied by a tenant.

A. Duplex dwellings.
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B. Dwelling groups of two primary dwelling units per lot.

1. Number of dwelling units. Development of up to four dwelling units may be built in the same lot area typically used for a single-family residence, without an urban lot split, as follows:

2. See Chapter 17.43 for applicable development regulations for ADU’s or JADU’s..

3. Four units are the maximum that may be permitted on a lot.

4. If Types A through D are initially developed, one or two ADUs may later be added up to the maximum allowed, Types E or F, subject to the provisions of this Chapter.

4. Side and Rear Setbacks. Minimum side and rear setbacks for the primary dwelling units shall be 4 feet, except for the following:
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(a) Where the underlying district development standards allow for a lesser setback, the district standards shall apply.
(b) No setback shall be required for an existing legal non-conforming structure, or a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure.

17.05.080 Urban Lot Splits. The City may approve a parcel map for an urban lot split ministerially, subject to the procedures, requirements and development standards provided in this section.

2. Both newly created lots of record shall be no smaller than 1,200 square feet.

3. The zoning district lot width and depth dimension minimums shall not apply.

5. Both parcels resulting from the urban lot split shall have access to, provide access to, or adjoin the public right-of-way through right-of-way frontage or recorded access easements.

7. The urban lot split conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this Chapter.

8. The parcel being subdivided was not established through prior exercise of an urban lot split as provided for in this Chapter.

1. Number of dwelling units. With an urban lot split, development of no more than four dwelling units may be built in the same lot area that would otherwise be used for a single-family residence, as shown in Tables a and b provided below. Note that Tables a and b are to be used together to detail possible development scenarios following an urban lot split. Table a provides various development scenarios that are possible on a single lot, following a lot split, as Types A through I. Table b shows how the scenario types may then be combined for the two resultant lots. For example, if one resultant lot is developed with three units (Types F, G, H or I), the second resultant lot may only be developed with a single family dwelling (Type A), for a maximum of four units on the two resultant lots.
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a. Number and Types of Units- With Urban Lot Split
Development
Scenario Options
for Each
Resultant Lot
Following Split
Single
Family
Residence
Duplex Two-unit
Dwelling
Group
ADU JADU(2) Total
Units per
lot
Type A 1 1
Type B 1 1 2
Type C 1 1 2
Type D 2 2
Type E 2 2
Type F 1 1 1 3
Type G 2 1 3
Type H 2 1 3
Type I 2 1 3
Notes:

RESULTANT LOT 1 (Housing Unit Totals)

6. Off-Street Parking.
(a) A minimum of one standard size, off-street parking space (uncovered or carport) for each primary dwelling unit shall be required (refer to Chapter 17.34 for parking space design standards). Garage parking space(s) shall not count towards meeting the minimum parking requirements.
(b) Shared driveways may be permitted to serve more than one lot, subject to approval by the City Engineer, based on finding that the driveway will not pose a hazard to public safety. See the definition of driveway in Section 17.02.220 of this title. (c) Notwithstanding the parking requirements indicated above, no off-street parking shall be required if:
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(iii) The lot is located within one-half mile walking distance of either a transit stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or (iv) There is a designated parking area for one or more car-share facilities within one block of the parcel.

RESOLUTION 2024-RZ-1

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRISBANE RECOMMENDING CITY COUNCIL APPROVAL OF ZONING TEXT AND MAP AMENDMENT 2024-RZ-1 AMENDING BRISBANE MUNICIPAL CODE TITLES 16 AND 17, TO AMEND SECTION 16.12.040 - TENTATIVE AND FINAL PARCEL MAP- EXCEPTIONS TO REQUIREMENTS, ADD CHAPTER 17.05

RESIDENTIAL OVERLAY, TO PROVIDE FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN SINGLE FAMILY RESIDENTIAL ZONES, AND TO AMEND SECTION 17.02.235, TO ADD A DEFINITION FOR “PRIMARY DWELLING UNIT” OR “MAIN DWELLING”, AND TO AMEND SECTIONS 17.02.120 AND

17.02.220 DEFINING CARPORTS AND DRIVEWAYS
WHEREAS, Senate Bill 9 (“SB 9”), which amended Section 66452.6 of the Government Code and added Sections 65852.21 and 66411.7 to the Government Code, to allow for streamlined ministerial approval of two-unit development and urban lot splits within single-family zoned areas, was signed by the Governor of California on September 16, 2021; and
WHEREAS, these changes to the Government Code became effective on January 1, 2022; and WHEREAS, SB 9 requires cities and counties, including the City of Brisbane, to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two primary residential units within a single-family residential zone, if the proposal meets certain statutory criteria; and
WHEREAS, SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K) such as lands within an earthquake fault zone, federally designated flood plan, historic district or property, and high fire hazard severity zone as defined under state law; and
WHEREAS, SB 9 further restricts the standards and regulations that local agencies, including the City of Brisbane, may impose to only objective zoning, subdivision, and design standards that do not conflict with the statue and where those standards must not physically preclude a unit size of at least 800 square feet or qualifying urban lot split; and
Whereas, no parcel within the overlay district is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or within one block of a car share facility.

WHEREAS, the City seeks to regulate development pursuant to SB 9 through the implementation of regulations concerning duplex residential developments and urban lot splits; and WHEREAS, pursuant to Section 65852.21(j) and 66411.7(n) of the Government Code, a local agency may adopt an ordinance to implement SB 9; and
WHEREAS, City Council adopted the revised 2023-2031 Housing Element (Housing Element) on May 18, 2023, which was subsequently certified by the California Department of Housing and Community Development; and
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WHEREAS, the Housing Element includes Program 2.A.6, “Adopt implementing ordinance for ministerial duplex conversions and single-family lot splits as provided by Government Code Sections 65852.21 and 66411.7”, and
WHEREAS, the draft ordinance attached as Exhibit A to this resolution proposes amendments to Title 16 and Title 17; and
WHERAS, Exhibit B to this resolution proposes amendment to the zoning map to establish a new R-TUO Residential Two Unit Overlay District, to overlay the R-1 Residential District and the R-BA Residential Brisbane Acres District; and
WHEREAS, on May 9, 2024, the Planning Commission conducted a hearing of the application, publicly noticed in compliance with Brisbane Municipal Code Chapters 1.12 and 17.54, at which time any person interested in the matter was given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed and considered the staff memorandum relating to said application, and the written and oral evidence presented to the Planning Commission in support of and in opposition to the application; and WHEREAS, adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 15061(b)(1) & (3), Section 15183 relating to the implementation of the Housing Element, and because it involves code amendments pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to the implementation of SB 9; and
NOW, THEREFORE, based upon the evidence presented, both written and oral, the Planning Commission of the City of Brisbane hereby RECOMMENDS that the City Council adopt the attached ordinance.

ADOPTED this ninth day of May, 2024, by the following vote:

AYES: Funke, Lau, Patel, and Sayasane
NOES: NA
ABSENT:Gooding
_____________________
PAMALA SAYASANE, Vice Chairperson
for ALEX LAU, Chairperson
ATTEST:
________________________________________
JOHN SWIECKI, Community Development Director
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BRISBANE PLANNING COMMISSION
Action Minutes of May 9, 2024
Hybrid Meeting

ROLL CALL

Present: Commissioners Funke, Lau, Patel, and Sayasane

Absent: Gooding
Staff Present: Director Swiecki, Senior Planner Johnson, Associate Planner Robbins

CALL TO ORDER
Chairperson Lau called the meeting to order at 7:30 p.m.

ADOPTION OF AGENDA
A motion by Commissioner Sayasane, seconded by Commissioner Funke to adopt the agenda.

Motion approved 4-0.

CONSENT CALENDAR
A motion by Commissioner Funke, seconded by Commissioner Sayasane to adopt the consent calendar. Motion approved 4-0.

ORAL COMMUNICATIONS
There were none.

WRITTEN COMMUNICATIONS
Chairperson Lau acknowledged written correspondence pertaining to New Business Items A and B

NEW BUSINESS
A. PUBLIC HEARING: Zoning Text and Map Amendment 2024-RZ-1, R-1 Residential District and the R-BA Brisbane Acres Residential District in entirety; recommendation to City Council on zoning text and map amendment 2024-RZ-1 amending regulations within Title 16 and 17 of the Brisbane Municipal Code to add the R-TUO residential two unit overlay district as new chapter 17.05 and related amendments; and finding that this project is exempt from environment review under CEQA Guidelines Sections 15061(b)(1) & (3), Section 15183; City of Brisbane, applicant.

Senior Planner Johnson presented staff report to the Commission. 32 141
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Brisbane Planning Commission Minutes
May 9, 2024

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Brisbane City CouncilSeptember 5, 2024

Brisbane City Council
September 5, 2024