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CITYof BRISBANE
Thursday, October 3, 2024 at 7:30 PM ● Hybrid Meeting 50 Park Place, Brisbane, CA The public may observe/participate in City Council meetings using remote public comment options or attending in person. City Council members shall attend in person unless remote participation is permitted by law. The City Council may take action on any item listed in the agenda.
TO ADDRESS THE COUNCIL
IN PERSON
Location: 50 Park Place, Brisbane, CA 94005, Community Meeting Room Councilmember Davis will join via Teleconference at 251 Mendocino St. Brisbane, California.
Councilmember Cunningham will join via Teleconference at 1826 Birdie Lane, Henderson, Nevada.
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 via Zoom Webinar. Aside from commenting personally while in the Zoom Webinar, you can also use the call in number. The public comments received will be noted for the record during Oral Communications 1 and 2 or during an agenda item. We encourage you to email comments on or not on agenda items in advance of the meeting to [email protected].
That email address, however, will not be monitored during the meeting and emails received during the meeting will not be responded to or brought to the attention of the City Council during the meeting.
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 October 3, 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 distributed to the Council and made available for public inspection at the front lobby and on the internet the day after the meeting (brisbaneca.org/meetings).
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
ADOPTION OF AGENDA
AWARDS AND PRESENTATIONS
B. Declaring October 6-11, 2024 as Fire Prevention Week C. Presentation: Overview of the Public Art Master Plan Survey Results ORAL COMMUNICATIONS NO. 1
CONSENT CALENDAR
D. Approve Investment Report as of August 2024
E. Approve City Council Closed Session Meeting Minutes of August 28, 2024 F. Approve City Council Closed Session Meeting Minutes of September 5, 2024 G. Approve City Council Meeting Minutes of September 5, 2024 H. Approve City Council Closed Session Meeting Minutes of September 19, 2024 I. Approve City Council Meeting Minutes of September 19, 2024 J. Approve the Brisbane Lions Club Worldwide Candle Lighting as a Cosponsored Event 2 October 3, 2024 - 3 - 7:30 PM
K. Adopt an Ordinance of the City of Brisbane, Waiving Second Reading, Amending Chapter
3.24 of the Brisbane Municipal Code Concerning Voluntary Collection Agreement with Hosting Platforms for the Collection and Payment of Transient Occupancy Taxes
NEW BUSINESS
L. Consider Recommendations of Use of State and Local Fiscal Recovery Funds (SLFRF)
STAFF REPORTS
M. City Manager’s Report on Upcoming Activities
MAYOR/COUNCIL MATTERS
N. Countywide Assignments and Subcommittee Reports
O. Written Communications
ORAL COMMUNICATIONS NO. 2
ADJOURNMENT
3 File Attachments for Item:
D. Approve Investment Report as of August 2024
4 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 $ 3,600,691 $ 3,600,691 $ 3,600,691 0.000 110% collateral STATE FUND (LAIF) Deposit on call continuous $ 598,096 $ 598,096 $ 598,096 4.550 on call no rating Other Investments
Wells Fargo Bank 9/23/2022 $ 250,000 $ 250,000 $ 249,750 3.750 09/23/2024 American Express 9/21/2022 $ 250,000 $ 250,000 $ 249,725 3.750 09/24/2024 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 996,850 1.000 09/30/2024 FHLM 12/13/2022 $ 1,000,000 $ 1,000,000 $ 999,680 5.140 12/13/2024 FHLB 3/24/2022 $ 1,000,000 $ 1,000,000 $ 984,680 2.000 03/24/2025 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 987,250 2.750 04/22/2025 FHLB 7/28/2022 $ 1,000,000 $ 1,000,000 $ 993,520 4.050 07/28/2025 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 970,170 1.300 09/30/2025 FHLB 10/27/2022 $ 1,000,000 $ 1,000,000 $ 1,006,660 4.750 10/27/2025 FFCB 9/12/2022 $ 1,000,000 $ 1,000,000 $ 999,250 4.125 12/12/2025 FHLM 9/29/2022 $ 1,000,000 $ 1,000,000 $ 994,140 4.150 09/29/2026 FHLM 10/30/2023 $ 1,000,000 $ 1,000,000 $ 998,510 5.550 10/30/2026 FFCB 12/1/2023 $ 1,000,000 $ 1,000,000 $ 1,004,980 5.060 12/01/2026 FHLB 3/25/2022 $ 1,000,000 $ 1,000,000 $ 965,460 2.600 03/25/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 996,660 4.000 05/26/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 989,700 3.750 05/26/2027 FHLB 9/30/2022 $ 1,000,000 $ 1,000,000 $ 999,120 5.000 09/30/2027 FHLB 7/30/2024 $ 1,000,000 $ 1,000,000 $ 998,390 5.500 12/30/2027 FHLM 6/26/2024 $ 1,000,000 $ 1,000,000 $ 999,270 5.650 06/26/2028 FFCB 8/6/2024 $ 1,000,000 $ 1,000,000 $ 1,000,100 5.340 11/06/2028 FHLM 6/12/2024 $ 1,000,000 $ 1,000,000 $ 999,530 5.750 06/12/2029 FHLM 6/25/2024 $ 1,000,000 $ 1,000,000 $ 1,005,500 5.500 06/25/2029 FHLB 7/29/2024 $ 1,000,000 $ 1,000,000 $ 1,002,930 5.150 07/25/2029 BNY Mellon Treasury Obligations continuous $ 2,117,538 $ 2,117,538 $ 2,117,538 5.210 on call 110% collateral Sub-total $ 23,617,538 $ 23,617,538 $ 23,509,364
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 $ 536,325 10032
Expense Fund Fed Treas Obl $ - 10035
BNY Mellon 2023 BGVMIDFA Bond (328) Improvements Fed Treas Obl $ 33 10031 Reserve / Project Fed Treas Obl $ 2,264,491 10032
Expense Fund Fed Treas Obl $ 5 10035
Principal Fed Treas Obl $ - 10036
Interest Fund Fed Treas Obl $ - 10037
PARS OPEB Trust Trust Cash Investments $ 4,323,551 13050 PARS Retirement Trust Trust Cash Investments $ 1,681,316 13050 Sub-total Cash with Fiscal Agents $ 8,805,724
Total other investments $ 32,423,262 $ 32,423,262 $ 23,509,364 TOTAL INVESTMENTS & CASH BALANCES $ 36,622,049 $ 36,622,049 $ 27,708,151 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 3.91%
Weighted Interest 3.73%
Weighted maturity 2.17 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
August 31, 2024
5 D.
File Attachments for Item:
E. Approve City Council Closed Session Meeting Minutes of August 28, 2024 6 BRISBANE CITY COUNCIL
ACTION MINUTES
BRISBANE CITY COUNCIL CLOSED SESSION MEETING
WEDNESDAY, AUGUST 28, 2024
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,
BRISBANE, CA
10:00 A.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION
Government Code, Section 54956.9 (d) (1). Number of Cases: One • City of Brisbane v. CA High-Speed Rail Authority (Superior Court of Sacramento County, Case No. 80004010)
Mayor O’Connell called the meeting to order at 10:00 A.M. Councilmember Cunnigham 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 Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: None
Abstain: None
There was no public comment. Mayor O’Connell adjourned the meeting into Closed Session.
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers were provided an update on the Pending Litigation Item E and direction was provided to staff.
ADJOURNMENT
The meeting was adjourned at 11:35 A.M.
______________________
Ingrid Padilla, City Clerk
7 E.
File Attachments for Item:
F. Approve City Council Closed Session Meeting Minutes of September 5, 2024 8 BRISBANE CITY COUNCIL
ACTION MINUTES
BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, SEPTEMBER 5, 2024
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,
BRISBANE, CA
7:15 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: Duffy, pursuant to Government Code, section 54956.95 E. Liability Claim: Mazza, pursuant to Government Code, section 54956.95 Mayor O’Connell called the meeting to order at 7:15 P.M. Councilmember Cunnigham made a motion, seconded by Councilmember Mackin, to approve the Closed Session Meeting agenda as it stands. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: None
Abstain: None
There was no public comment. Mayor O’Connell adjourned the meeting into Closed Session.
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers took action on Liability Claim Item D and Liability Claim Item E.
ADJOURNMENT
The meeting was adjourned at 7:22 P.M.
______________________
Ingrid Padilla, City Clerk
9 F.
File Attachments for Item:
G. Approve City Council Meeting Minutes of September 5, 2024 10 BRISBANE CITY COUNCIL
ACTION MINUTES
CITY COUNCIL MEETING AGENDA
THURSDAY, SEPTEMBER 05, 2024
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor O’Connell called the meeting to order at 7:31 P.M. and led the Pledge of Allegiance.
ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
No Councilmembers made a request under the Emergency Circumstances of AB 2449.
Councilmembers present: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell Councilmembers absent: None
Staff Present: City Manager Dennis, City Clerk Padilla, City Attorney McMorrow, Finance Director Yuen, City Engineer Breault, Community Development Director Swiecki, Senior Planner Johnson, Assistant to the City Manager Cheung, Economic Development Director Bull, Deputy Fire Chief Abelson, Police Commander Garcia, and Administrative Management Analyst Ibarra
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers took action on Liability Claim Item D and Liability Claim Item E.
ADOPTION OF AGENDA
Councilmember Cunningham made a motion, seconded by Councilmember Mackin, to approve the City Council Meeting agenda as it stands. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: None
Abstain: None
11 G.
City Council Meeting Minutes
September 5, 2024
ORAL COMMUNICATIONS NO. 1
David Schooley spoke about his concern for the Oak Grove at the entrance of Brisbane.
Michael Barnes congratulated the Council for the High Speed Rail agreement and asked the City to provide Bicycle Accident Reports by the Police Department on the City’s website as noted in the City’s response to a Grand Jury report on bicycle safety.
Michele Salmon thanked the council for the High Speed Rail resolutions.
Del Schembari shared a leaflet from the Mountain Butterfly Collective to stop the development of the quarry.
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”
(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
Councilmember Cunningham made a motion, seconded by Councilmember Mackin, to approve Consent Calendar Items B-M. The motion passed unanimously by all present. 12 G.
City Council Meeting Minutes
September 5, 2024
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: None
Abstain: None
N. Approve Excelsior Running Club’s 6th Annual Star City San Bruno Mountain Half Marathon and 5K as a cosponsored event
Due to a conflict of interest, Councilmember Lentz left the room and recused himself from voting on this item. Councilmember Davis made a motion, seconded by Councilmember Cunningham, to approve Consent Calendar Item N. The motion passed 4 votes and 1 recusal.
Ayes: Councilmembers Cunningham, Davis, Mackin, and Mayor O’Connell.
Noes: None
Absent: None
Abstain: None
Recused: Councilmember Lentz
O. Approve the Sierra Point Yacht Club’s 2024 Regatta as a cosponsored event Due to a conflict of interest, Mayor O’Connell left the room and recused herself from voting on this item.
Councilmember Davis made a motion, seconded by Councilmember Lentz, to approve Consent Calendar Item O. The motion passed 4 votes and 1 recusal.
Ayes: Councilmembers Cunningham, Davis, Lentz and Mackin Noes: None
Absent: None
Abstain: None
Recused: Mayor O’Connell
AWARDS AND PRESENTATIONS CONTINUED
P. Swearing In Newly Appointed Committee Members
City Clerk Padilla administered the Oath Or Affirmation of Allegiance for Public Officers for the newly appointed committee members:
• 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 • Lailah Khalil, Inclusion, Diversity, Equity, and Accountability Committee term through 2026 • Carol Zoltowski, Inclusion, Diversity, Equity, and Accountability Committee term through 2026 Quita Highsmith was appointed to the Inclusion, Diversity, Equity, and Accountability Committee with a term through 2026. She was not able to attend the City Council Meeting and will be sworn in at a later time. 13 G.
City Council Meeting Minutes
September 5, 2024
Q. Proclaiming September as National Preparedness Month Mayor O’Connell proclaimed September 2024 as National Preparedness Month and encouraged all Brisbane residents to increase their knowledge and awareness of proper safety measures to follow before, during, and after a disaster.
Deputy Fire Chief Abelson accepted the proclamation on behalf of North County Fire Authority.
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-RZ1 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.) Community Development Director Swiecki presented a graphic to explain what happens in Brisbane with the proposed ordinance and without the proposed ordinance.
After Council questions, Mayor O’Connell opened the public hearing.
Peter Sutherland shared his concerns about road safety and the quality of soil in the acres.
Stephen Goodwin shared his public health and safety concerns about the proposed Ordinance.
Rachel asked what the federal protections for the trees are.
Tom Heinz commented there is strength in numbers to join the other cities against SB9.
Sherry Goodwin submitted petitions signed by 224 members of the public not to approve the Ordinance and have the public decide on the issue through an election.
Linda Salmon commented that the residents need protection from earthquakes, mudslides and fires.
DeeDee Porter commented that residents should be contacting their state senators about this issue.
Michele Salmon asked the Council to read the OSEC letter regarding this issue and delay the vote for two more weeks.
Prem Lall asked for more information about the trust-like option for Open Space.
Paul Bouscal agrees with developing plans to protect the acres.
Leesa Greenlee agrees with developing plans to protect the acres if it is just a matter of semantics. She also shared her concerns about Margaret Road.
Ron Coloma commented that Council should preserve the property rights of property owners in the lower acres.
Michele Salmon, Peter Sutherland, Dana Dillworth and Paul Bouscal added follow up comments.
Councilmember Cunningham made a motion, seconded by Councilmember Davis, to close the public hearing.
The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: None
Abstain: None
14 G.
City Council Meeting Minutes
September 5, 2024
After a brief break, Council continued the public hearing Item R to a future City Council meeting in order for staff to provide more information to Council.
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.) Due to the late hour, Continued Public Hearing Item S was not discussed and will be continued to a future meeting.
STAFF REPORTS
T. City Manager’s Report on Upcoming Activities
City Manager Dennis reported on an upcoming event.
MAYOR/COUNCIL MATTERS
U. Update on Vacancy on the Open Space Ecology Committee and IDEA Committee City Clerk Padilla reported that Committee Member Glenn Fieldman from OSEC and Miyoko Nida from the IDEA Committee had resigned from their committees. Councilmembers directed Clerk Padilla to begin recruitment to fill these two seats and other expiring seats in 2025. Interviews will be scheduled January of 2025.
V. Update on the City Council Meeting 2024 Schedule
Councilmembers approved the remaining schedule for the City Council Meetings of 2024, which includes the following:
October 3, 2024 Proposed Special Meeting Best Practices/Code of Conduct Workshop October 17, 2024 Regular Meeting
November 7, 2024 Regular Meeting
November 21, 2024 Special Meeting (Mayoral Rotation) & Regular Meeting December 5, 2024 Regular Meeting
December 12, 2024 Special Meeting for the City Council Reorganization December 19, 2024 Meeting Cancellation
W. Countywide Assignments and Subcommittee Reports
Councilmembers reported on their county wide assignments and subcommittee activities.
X. Written Communications
15 G.
City Council Meeting Minutes
September 5, 2024
City Clerk Padilla reported that written communication were received from the following:
Faust (7/23/24) Silverspot Nursery Lease and Funding
Dillworth (8/24/24) Rezone Editor
Ames (8/24/24) Rezoning Brisbane Acres
Nunan (8/28/24) OSEC Response Letter to Rezoning Proposal Goodwin (9/1/24) Reject 2024 RZ1 and RZ2
Ramirez (9/3/24) Fire in the Ring
Dillworth (9/5/24) Rezoned
ORAL COMMUNICATIONS NO. 2
No member of the public wished to make public comment.
ADJOURNMENT
Mayor O’Connell adjourned the meeting at 10:52 P.M.
_______________________
Ingrid Padilla
City Clerk
16 G.
File Attachments for Item:
H. Approve City Council Closed Session Meeting Minutes of September 19, 2024 17 BRISBANE CITY COUNCIL
ACTION MINUTES
BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, SEPTEMBER 19, 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: Sylvester, pursuant to Government Code, section 54956.95 E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR UNDER GOVERNMENT CODE SECTION 54956.8 PROPERTY: Parcel Number 007-271-050
NEGOTIATOR: Jeremy Dennis, City Manager
NEGOTIATING PARTIES: Carl Lam and Daniel Lam
UNDER NEGOTIATION: Price and terms of lease
F. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION Government Code, Section 54956.9 (d) (1).
Number of Cases: One
• City of Brisbane v. County of San Mateo, Case No. 23-CIV-06075, San Mateo County Superior Court
Mayor O’Connell called the meeting to order at 6:30 P.M. Councilmember Cunningham made a motion, seconded by Councilmember Lentz, to approve the Closed Session Meeting agenda as it stands. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: Councilmember Davis
Abstain: None
There was no public comment. Mayor O’Connell adjourned the meeting into Closed Session.
REPORT OUT OF CLOSED SESSION
Legal Counsel Roush reported that Councilmembers took action on Liability Claim Item D. Council provided direction to staff regarding Real Property Negotiation Item E and Pending Litigation Item F.
ADJOURNMENT
The meeting was adjourned at 6:59 P.M.
______________________
Ingrid Padilla, City Clerk
18 H.
File Attachments for Item:
I. Approve City Council Meeting Minutes of September 19, 2024 19 BRISBANE CITY COUNCIL
ACTION MINUTES
CITY COUNCIL MEETING AGENDA
THURSDAY, SEPTEMBER 19, 2024
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor O’Connell called the meeting to order at 7:30 P.M. and led the Pledge of Allegiance.
ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
No Councilmembers made a request under the Emergency Circumstances of AB 2449.
Councilmembers present: Councilmembers Cunningham, Lentz, Mackin, and Mayor O’Connell Councilmembers absent: Councilmember Davis
Staff Present: City Manager Dennis, City Clerk Padilla, Finance Director Yuen, Deputy Public Works Director Kinser, Community Development Director Swiecki, Economic Development Director Bull, 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
Legal Counsel Roush reported that Councilmembers took action on Liability Claim Item D. Council provided direction to staff regarding Real Property Negotiation Item E and Pending Litigation Item F.
ADOPTION OF AGENDA
Councilmember Cunningham made a motion, seconded by Councilmember Mackin, to approve the City Council Meeting agenda as it stands. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: Councilmember Davis
Abstain: None
20 I.
City Council Meeting Minutes
September 19, 2024
AWARDS AND PRESENTATIONS
B. 2024 September Suicide Prevention Month
Mayor O’Connell designated September 2024 as Suicide Prevention Month and calls upon everyone in our community to find their role in suicide prevention.
Behavioral Health Commission Youth Advisory Board Member, Colin Chu accepted the proclamation and thanked the Council for their support.
C. National Hispanic & Latinx Heritage Month Proclamation Mayor O’Connell proclaimed the month of September 15, 2024 to October 15, 2024 as National Hispanic and Latinx Heritage Month.
Long time Brisbane business owner and proud member of the Brisbane Eagles--- Rafael Meza of Melissa’s Taqueria accepted the proclamation via Zoom.
D. Caltrain Electrification Update Presentation
Staff from CalTrain’s Government Affairs Devon Ryan and Bella Conferti provided an update on the Caltrain Electrification Project and their upcoming celebration on September 22, 2024. Chris Florkowski made public comment about Commute.org shuttles and the elevator on at the CalTrain Station.
ORAL COMMUNICATIONS NO. 1
Michele Salmon made a public comment about Caltrain, car charging stations in Mission Blue and wished Mayor O’Connell a happy birthday.
CONSENT CALENDAR
E. Introduce an Ordinance of the City of Brisbane Amending Chapter 3.24 of the Brisbane Municipal Code Concerning Voluntary Collection Agreement with Hosting Platforms for the Collection and Payment of Transient Occupancy Taxes
F. Authorize the City Manager to Execute a Professional Services Agreement with Good City Co. For the 70 Old County Road Planning Program
(The proposal includes a budget of $150,000. The $150,000 is the amount budgeted in the 2024-25 budget.)
G. Adopt a Resolution for the Recycling Business License Tax for Fiscal Year 2024/2025 H. Approve Construction Management and Inspection Services Agreement for Smart Corridors Northern Cities
(It is being recommended to authorize the City Manager to sign the Agreement for Professional Services 21 I.
City Council Meeting Minutes
September 19, 2024
with MNS Engineers, Inc. and to issue a Task Order to MNS Engineers, Inc. in the amount of $439,762.64 to provide CM services for the Smart Corridors Northern Cities – Brisbane construction contract. This contract is part of an overall project that was subject to CEQA and NEPA review.
Caltrans approved a Categorical Exemption under CEQA and a Categorical Exclusion under NEPA for the project in 2020.)
Councilmember Cunningham made a motion, seconded by Councilmember Lentz, to approve Consent Calendar Items E-H . The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: Councilmember Davis
Abstain: None
OLD BUSINESS
I. Consider Adoption of Resolution Approving an Agreement for the Purchase and Sale of Vacant City Property in Crocker Park, located generally south of West Hill Road, west of South Hill Place and west of 151 South Hill Place (28,000 +/- square feet, no APN—see map attached to agenda report for location) 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). This item was not discussed and was continued from the July 18, 2024 City Council Meeting.) Legal Counsel Roush reported that staff is recommending 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 and provide any direction as to how the funds from this sale should be allocated.
After some council questions, Michele Salmon commented she opposed the sale. Fund received from the sale should be designated for acres purchase.
Roland Lebrun shared what he believed was the APN number of the property.
After Council discussion, Councilmember Cunningham made a motion, seconded by Councilmember Lentz, to adopt a resolution approving an agreement for the purchase and sale of vacant city property in Crocker Park, located generally south of West Hill Road, west of South Hill Place and west of 151 South Hill Place (28,000 +/- square feet, no APN and authorizing the City Manager to sign the agreement and all other documents necessary to carry out the sale. The motion passed with a 3-1 vote.
Ayes: Councilmembers Cunningham, Lentz, and Mayor O’Connell.
Noes: Councilmember Mackin
Absent: Councilmember Davis
Abstain: None
Staff was directed to return to a meeting after the sale to provide a plan on how the funds from the sale 22 I.
City Council Meeting Minutes
September 19, 2024
should be allocated for purchase of properties in the Brisbane Acres, restoration of properties or maintenance of properties.
NEW BUSINESS
J. Consider Adopting a Resolution Supporting the Bayshore Blvd/Van Waters and Rodgers Bus Stop Relocation Design Project and Submitting an Application to the San Mateo County Transportation Authority for Cycle 2 ACR/TDM Grant Program
Deputy Public Works Director Kinser reported that the purpose of this item is to obtain Council’s approval and adopt the resolution supporting the Bayshore Boulevard / Van Waters and Rodgers Road Bus Improvements Project Application as required by the San Mateo County Transportation Authority (TA) as a condition to apply for Cycle 2 Alternative Congestion Relief and Transportation Demand Management (ACR/TDM) Measure A and Measure W funds. The engineer’s estimate for the proposed project $600,000 and staff requests an increased supplemental appropriation for a total of $150,000 from the General Fund for the local match.
After Council questions, Michele Salmon commented that Council should revisit this plan and would not move the bus stop too far North.
Chris Florkowski commented on the risk of SamTrans losing a bus stop and pedestrian danger.
After Council discussion, Councilmember Lentz made a motion, seconded by Councilmember Cunningham to to adopt a resolution supporting the Bayshore Blvd/Van Waters and Rodgers Bus Stop Relocation Design Project and submit an application to the San Mateo County Transportation Authority for Cycle 2 ACR/TDM Grant Program with $150,000 from the General Fund for the local match. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: Councilmember Davis
Abstain: None
STAFF REPORTS
K. City Manager’s Report on Upcoming Activities
City Manager Dennis reported out on upcoming events.
MAYOR/COUNCIL MATTERS
L. Countywide Assignments and Subcommittee Reports
Council reported on their countywide assignments and subcommittee reports. Councilmember Lentz reported that members of the public are asking for election signs to be posted on more locations on the City’s right of way. Mayor O’Connell expressed her wish to schedule the discussion after the November 5, 2024 Election. 23 I.
City Council Meeting Minutes
September 19, 2024
M. Written Communications
City Clerk Padilla reported that written communication was received from the following:
Nancy Lacsamana (September 19, 2024) Item H
Dana Dillworth (September 19, 2024) Crocker Park Sale
ORAL COMMUNICATIONS NO. 2
Michele Salmon spoke about election signs in Brisbane.
ADJOURNMENT
Mayor O’Connell adjourned the meeting at 9:16 P.M.
_______________________
Ingrid Padilla
City Clerk
24 I.
File Attachments for Item:
J. Approve the Brisbane Lions Club Worldwide Candle Lighting as a Cosponsored Event 25 Application for event cosponsorship Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: 10/3/2024
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 Brisbane Lions Club Worldwide Candle Lighting as a cosponsored event.
Background
The Brisbane Lions Club, formed in 1947, is a 501(c)(3) non-profit organization committed to serving the Brisbane community. Lions Clubs bring individuals together to donate their time towards improving their communities, and the world. The organization helps our local community with access to vision and hearing resources and equipment, scholarships for students in Brisbane, and more.
Discussion
The Worldwide Candle Lighting will be held on Sunday, December 8th, 2024, from 6:00-9:00pm at the Mission Blue Center. Worldwide Candle Lighting is an international event that takes place annually on the second Sunday of December to honor children who have died and to support families who are grieving. The Brisbane Lions Club gathers local families to honor the memory of their loved ones. There will be a memorial service as well as craftmaking at the event. The Brisbane Lions Club qualifies under the Group II category for recreation facilities indoor use permits as a non-profit group serving the Brisbane community. 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
The Brisbane Lions Club is requesting support from the City as summarized in the table below. They have requested use of the Mission Blue Center for the event. Use of the facility and the deposit are waived as part of their Group II designation.
26 J.
Application for event cosponsorship Page 2 of 2
FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Hourly Rental of Mission Blue
Center
Approximately 5 hours @
$371/hour = $1,855
(including set up and 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
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. Co-sponsorship application
Jeff Franco
Jeff Franco, Recreation Coordinator
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Jeremy Dennis, City Manager 27 J.
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? 1947 How has your organization contributed to the Brisbane community in the past 2 years? We have provided over $125,000 in scholar awards to 81 brisbane students. we have provided financial support to various community member s in need. We have also helped a family rebuild their home after the mud slides in 2023. _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ What is your organization’s mission and/or purpose? To Serve the community of Brisbane. Our Lions club motto is "We Serve". _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ 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
Name of Contact Person: _Lion Sharon Contact Person’s Phone: 650.280.8468 Contact Person’s Email: [email protected]
Name of Organization: Brisbane Lions Club Organization’s Website: BrisbaneLions.org Organization’s Address or P.O. Box: P.O. Box 317, Brisbane, CA, 94005 Circle ONE of the following items below that best describes your organization.
EVENT DETAILS
Name of Event: World Wide Candle Lighting
Event Date (mm/dd/yy): 12/08/2024
Event Day of Week: Sunday
Event Location: Mission Blue
Reservation Permit Number (if applicable): _________________________ Describe what can be expected from this event? (ex. Performance, shopping, activities, etc.) Families gathering to honor loved ones who are not with us anymore. Crafts and a memorial service
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.) ________________________________________________________________________________________________
Event Set-up Start Time: 4:00pm
Event Start Time: 6:00pm
Event Close Time: 9pm
28 J.
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):_12/8/24___________________ Opening Time: 4pm___________ Closing Time: 9pm__________ 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? No If yes, this permit is required smchealth.org/food-program Will alcoholic beverages be served or sold at your event? NO 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? NO 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) Yes
Theater Risers? (Mission Blue Only) ______
Theatrical Lighting? (Mission Blue Only) ______ Lighting Technician? _______ Other: ____________________________________________________________
ADDITIONAL SUPPORT
Quantity: Item:
____________ 6ft Long Rectangle Tables
____________ 5ft Diameter Round Tables
____________ Chairs
____________ 10ft x 10ft Canopy/Pop-up Tent
____________ Weighted Sandbags
Do you need any promotional support for this event?
Signboards?
Digital Graphics / Flyers?
Other: ____________________________
USE AGREEMENT & LIABILITY RELEASE
Social Media?
Programs?
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.
Applicant Signature______________________________________ Date 09/20/2024 29 J.
File Attachments for Item:
K. Adopt an Ordinance of the City of Brisbane, Waiving Second Reading, Amending Chapter
3.24 of the Brisbane Municipal Code Concerning Voluntary Collection Agreement with Hosting Platforms for the Collection and Payment of Transient Occupancy Taxes 30 MEMO
Meeting Date: 10/03/24
From: Ingrid Padilla, City Clerk
Subject: Adopt an Ordinance of the City of Brisbane, Waiving Second Reading, Amending Chapter 3.24 of the Brisbane Municipal Code Concerning Voluntary Collection Agreement with Hosting Platforms for the Collection and Payment of Transient Occupancy Taxes The following Ordinance was introduced at the City Council Meeting of September 19, 2024. It is now being considered for adoption at this meeting:
Adopt an Ordinance of the City of Brisbane, Waiving Second Reading, Amending Chapter 3.24 of the Brisbane Municipal Code Concerning Voluntary Collection Agreement with Hosting Platforms for the Collection and Payment of Transient Occupancy Taxes Attachment: 1. Staff Report from the City Council Meeting of September 19, 2024 31 K.
Introduce Draft Ordinance – Voluntary TOT Collection Agreement Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: September 19, 2024
From: John Swiecki, Community Development Director
Subject: Voluntary Collection Agreement for TOT – Draft Ordinance Community Goal/Result
Fiscally Prudent
Purpose
To amend the Brisbane Municipal Code (BMC) to allow the City to enter into a voluntary collection agreement (VCA) with hosting platforms for the collection and payment of transient occupancy taxes (TOT).
Recommendation
Introduce the attached draft ordinance.
Background
On February 15, 2024, staff provide the Council a report on the implementation of the City’s Short-Term Rental (STR) Program. Among other things, the report recommended that the City Council direct staff to explore obtaining a VCA with Airbnb and other hosting platforms where practical to collect and remit TOT automatically to the City, rather than relying on permit holders to manually remit taxes quarterly.
When the City adopted its STR ordinance in 2020, it was not standard practice for hosting platforms to collect and remit occupancy taxes on behalf of their users to local municipalities.
Since then, however, the list of jurisdictions with VCAs allowing hosting platforms to facilitate collection and remittance of TOT has increased and now includes several smaller jurisdictions, some with populations under 2,000.
Airbnb - the largest STR online travel agency in North America - will only enter into a voluntary collection agreement with jurisdictions that have an ordinance in place allowing it to do so. At the time of this report, the City is actively monitoring nearly 300 listings with 71% published to Airbnb, and another 16% on VRBO.
Brisbane Municipal Code (BMC) Chapter 3.24 – Uniform Transient Occupancy Tax, establishes regulations related to the collection and remittance of TOT, but it does formally authorize permit hosting platforms – that assist with arranging transient occupancy – to enter into a VCA (or equivalent) with the City for the collection and payment of transient occupancy taxes. 32 K.
Introduce Draft Ordinance – Voluntary TOT Collection Agreement Page 2 of 2 Discussion
Each hosting platform will need a VCA in place to automatically collect and remit TOT to the City, however, in order to enter into a VCA with Airbnb – which, as indicated above, captures a large portion of rentals and listings within the City – the City would need to amend Chapter 3.24 of the BMC to add such language.
The following changes, based on a review of the municipal codes of peninsula cities with a VCA with Airbnb, are proposed:
1. Add a definition for “Hosting Platform” or, generally, an internet-based platform that allows an (STR) operator to advertise and arrange for temporary occupation of a dwelling unit, or portion thereof, through a publicly searchable website.
2. Add a new section which stipulates any hosting platform that assists with arranging transient occupancy may enter into a VCA with the City for the collection and payment of transient occupancy taxes.
Additionally, the proposed amendments clarify that if/when a hosting platform has entered into a VCA with the City, the hosting platform will have the same responsibilities and liabilities of STR operators under BMC Chapter 3.24 with regards to duties, registration, reporting and remitting, penalties, etc.
Fiscal Impact
None. There is no cost to amend the BMC to allow the City to enter into a VCA with hosting platforms. Automatic remittance would reduce staff time involved in administering the STR program and result in more timely remittance of TOT.
Measure of Success
Adoption of a procedure to allow the City to enter into a VCA with hosting platforms for the automatic collection and payment of transient occupancy taxes to simplify the process of tax remittance for both the City and STR operator.
Attachments
1. Draft Ordinance
___________________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager 33 K.
ATTACTMENT 1
1 draft
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING CHAPTER 3.24 OF THE BRISBANE MUNICIPAL CODE CONCERNING VOLUNTARY
COLLECTION AGREEMENT WITH HOSTING PLATFORMS FOR THE COLLECTION AND PAYMENT
OF TRANSIENT OCCUPANCY TAXES
The City Council of the City of Brisbane hereby ordains as follows:
SECTION 1: Section 3.24.020 of the Brisbane Municipal Code is amended to read as follows:
3.24.020 – Definitions.
A. “Hosting Platform” means through which an operator may offer a dwelling unit, or portion thereof, for transient occupancy. A hosting platform includes, but is not limited to, an internet-based platform that allows an operator to advertise and potentially arrange for temporary occupation of the dwelling unit, or portion thereof, through a publicly searchable website, whether the transient user pays rent directly to the operator or to the hosting platform.
(Subsections A though G, no change; re-letter to B through H.) SECTION 2: Section 3.24.075 is added to the Brisbane Municipal Code to read as follows:
3.24.075 - Collection by Hosting Platforms.
Any hosting platform that assists with arranging transient occupancy may enter into a voluntary collection agreement (or equivalent) with the City for the collection and payment of transient occupancy taxes. Where a hosting platform has entered into such an agreement, the hosting platform shall have the same duties and liabilities of the operator under this Chapter. Compliance with the provisions of this Chapter by either the operator or the hosting platform shall be considered to be compliance by both. To comply with Section 3.24.060, a hosting platform shall register in its own name and post its Transient Occupancy Registration Certificate on its website, if applicable. Operators that only use a hosting platform for providing lodging to transients shall not be required to register separately with the tax administrator or post a Transient Occupancy Registration Certificate on-site so long as such hosting platform used by the operator has registered pursuant to Section 3.24.060.
SECTION 3: Adoption of this Ordinance does not require environmental review because it represents general policy making that would not result in a direct or indirect physical change in the environment and therefore it is not a project under the California Environmental Quality Act.
CEQA Guidelines, Section 15378 (b)(2).
SECTION 4: 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 34 K.
Draft Ordinance – TOT VCA ATTACHMENT 1
2 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, 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 5: This Ordinance shall be in full force and effect thirty days after its passage and adoption.
* * *
The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Brisbane held on the ________ day of ____________________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Terry O’Connell, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ Ingrid Padilla, City Clerk Thomas R. McMorrow, City Attorney 35 K.
File Attachments for Item:
L. Consider Recommendations of Use of State and Local Fiscal Recovery Funds (SLFRF) 36 Consider Recommendations for Use of Remaining SLFRF Page 1 of 4
CITY COUNCIL AGENDA REPORT
Meeting Date: 10/03/2024
From: Carolina Yuen, Finance Director
Subject: Consider Recommendations of Use of State and Local Fiscal Recovery Funds (SLFRF)
Community Goal/Result
Safe Community
Community Building
Ecological Sustainability
Fiscally Prudent
Economic Development
Purpose
To provide a list of recommended projects to review and consider on how to use remaining funds received through the State and Local Fiscal Recovery Funds program (SLFRF) Recommendation
City Council consider recommendations on how to use remaining funds from the SLFRF program and, if there is an interest in one or more projects, direct staff to return such projects to Council for further consideration.
Background
In March 2021, the president signed the American Rescue Plan Act (ARPA) into law. The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program was established under ARPA and awarded funds to every county, metropolitan city, and non-entitlement units of government, including the City of Brisbane, as an eligible recipient of SLFRF funding as administered by the U.S. Treasury.
The SLFRF program provided governments across the country with resources to fight the pandemic, maintain public services, and build a resilient recovery by making investments in infrastructure. The City of Brisbane was awarded a total amount of $1,117,402, paid in two installments of $558,701 each in 2021 and 2022.
Discussion
In the initial release of the funds, the Treasury restricted the use of SLFRF to respond to direct impacts of the COVID-19 public health emergency, primarily targeted to public health agencies, through improvements to facilities used for public health services, public health programs, and premium pay to eligible emergency workers. Non-public health agencies could use funds to the 37 L.
Consider Recommendations for Use of Remaining SLFRF Page 2 of 4 extent of the reduction of revenue of such recipient due to the COVID-19 public health emergency; to make necessary investments in water, sewer, or broadband infrastructure; or to provide assistance to households, small businesses and nonprofits impacted by the pandemic.
In 2021, City Council decided to use up to $200,000 in grants to assist local small businesses that suffered revenue losses due to the pandemic, but who were not eligible for grants offered through the county programs at the time. Businesses that were selected had to meet certain criteria and show evidence of loss.
After the grants were issued, plus the related costs to administer the program, the City was left with approximately $890,000 of SLFRF program funds. The terms of the SLFRF program allowed agencies to take up to five years to determine how to use the funds. At the time, Council decided that the remaining funds would be placed on hold in case of future emergency economic needs, as the duration of the pandemic impact was unknown, and it was uncertain how many years were needed for the City to recover for revenue losses from the health crisis.
We are nearing the five-year deadline of December 31, 2024, where the City must determine and obligate how the remaining funds will be used. With this known deadline, staff included the funds as an incoming transfer in the Fiscal Year 2025 Budget. During Budget discussions, staff was asked to provide a list of projects for consideration at a later 2024 Council meeting.
Since several agencies were having difficulty finding programs that fell within the strict guidelines of program use, the US Government expanded the list of eligible uses for granted funds and clarified compliance requirements in January 2022 (2022 Final Rule), in December 2022 (2023 Interim Final Rule) and again in March 2024 (Obligation Interim Final Rule). Upon review of the various rulings, staff has interpreted the following areas are now eligible uses for the City of Brisbane:
Eligible Use of Funds pertaining to Brisbane:
1. Responding to the public health and negative economic impacts of the pandemic including the following sub-categories:
a. Acquisition of equipment for COVID-19 prevention and treatment, including ventilators, ambulances, and other medical or emergency services equipment; b. Improvements to or construction of emergency operations centers and acquisition of emergency response equipment (e.g., emergency response radio systems);
c. Transportation projects that respond to a public health need or specific negative economic impact.
2. Capital Improvements that are non-COVID related, including the following subcategories 38 L.
Consider Recommendations for Use of Remaining SLFRF Page 3 of 4 a. Installation and improvements of ventilation systems; b. Investments in water, sewer, and broadband infrastructure; c. Capital improvements in facilities and spaces for general public use (this is still being reviewed by agencies and auditor guidance for clearer interpretation).
3. Mitigation measures in small businesses, nonprofit, and impacted industries
4. Investment in programs to support racial and economic equity In addition to the uses, the following timeline and other information should be considered when making a selection:
• Funds must be committed and obligated towards a project by 12/31/24. • Funds must be expended by 12/31/26. We therefore have two years from commitment to spend and complete the projects.
• The funds do not have to be used for one project alone but can be used for several projects.
• The funds may be used towards a project, even if it does not cover the complete cost of a given project.
• A portion of the funds can be used towards administrative costs for compliance of reporting requirements.
Recommended Projects Identified by Staff
City Staff has identified the following projects that potentially qualify under the expanded use guidelines. Several of the projects listed have been reviewed as part of the Capital Improvement Plan (CIP) discussion last reviewed January 2024. Attachment A offers more detail on each project listed below:
1. Rollout of an Advanced Metering Infrastructure (AMI)
2. Install San Bruno/Bayshore Long-Term Improvements (New Traffic Signal System)
3. Update audio/video equipment for the Council Chambers/Community Meeting Room
4. Crocker trail CEQA
5. Mission Blue Center Renovations
6. Cultural Activities Grants for Local Artists
7. City Ambassador Program
39 L.
Consider Recommendations for Use of Remaining SLFRF Page 4 of 4 Staff is requesting the Council review and consider one or several of the listed projects to be funded through SLFRF, and if there is an interest, to direct staff to return such projects to council at a future meeting for further consideration. Council can also direct projects be moved forward if within the City Manager’s discretion and spending limits.
Fiscal Impact
The remaining funds of $890,000 are part of the FY25 Budget. No additional funds are expected to impact the current year’s budget. Depending on the selected project, there may be annual maintenance or other related costs in future years.
Measure of Success
The City Council selects a project, and City commits by appropriate deadlines allowed through the Final Ruling of the SLFRF program.
Attachments
List of Staff-Recommended Projects to Use Remaining SLFRF Carolina Yuen ___________________________________
Carolina Yuen, Finance Director Jeremy Dennis, City Manager 40 L.
ATTACHMENT A
City of Brisbane
List of Staff-Recommended Projects for use of State Local Fiscal Recovery Funds (SLFRF) No. CIP No. Description Amount City Goal
1 Advanced Metering Infrastructure (AMI) - This
project will replace an aging meter infrastructure
with AMI, smart meters. This project will replace
all water meters and install individual meter
interface units along with an AMI system server
and a meter data management system that will
work together with the City’s billing system and
customer interface. This project was part of the
proposed projects for a utility bond in 2021,
which we could not issue until rates were
increased.
1,500,000
Safe
Community;
Ecological
Sustainability;
Fiscally Prudent
2 DPW
44a
San Bruno/Bayshore Long-Term Improvements
- Design and install new traffic signal system. A
federal grant is being sought to cover this project,
but there will be a requirement for City matching
funds. The timing of when federal funds will be
available may cause delays and should be
considered when evaluating projects.
850,000
Safe
Community
41 L.
No. CIP No. Description Amount City Goal
3 Update audio/video equipment for the Council
Chambers/Community Meeting Room - The
City currently records and broadcasts meetings
for the Council, Commissions, Committees, and
other special events on Comcast Ch. 27 and
livestreams them on YouTube. The A/V
equipment used to record and broadcast was
acquired in 2008. Over the years, parts have been
upgraded to allow for hybrid meetings during the
pandemic, but the underlying system
components are starting to fail. As a result, we
have experienced numerous delays and
disruptions to public meetings. The heavy
reliance and heightened demand for access to
these services leads to this request for a full
replacement of the broadcast, streaming, and
switching equipment in the broadcast booth.
300,000
Safety;
Community
Building;
Ecological
Sustainability
4 Crocker trail CEQA – The master plan can’t be
implemented (nor grants secured) until this is
completed. Using criteria of “Improvements for
general public use” so may be limited dependent
on final guidance.
150,000
Safe
Community;
Community
Building;
Ecological
Sustainability
5 PR-18 Mission Blue Center Renovations - Given that
Mission Blue is a Red Cross designated shelter
during a disaster, this fits the criteria for
“Improvements to or construction of emergency
operations centers.” Improvements would
include kitchen overhaul, door repairs, flooring,
rotting exterior beams, etc. Amount designated
is for design. Improvement costs to be
determined.
45,000
Safe
Community;
Community
Building;
Ecological
Sustainability;
Fiscally Prudent
42 L.
No. CIP No. Description Amount City Goal
6 Cultural Activities Grants for Local Artists
($500- $1,000 cultural grants) -
The Brisbane Cultural Activities Grant Program is
a program to support community organizations
and artists who wish to offer free or low-cost
events and activities that will promote inclusion,
diversity, and equity in the City of Brisbane. To
qualify for these funds, applicants must
demonstrate that they are serving the Brisbane
community. Typical grant awards will range from
$500-$1,000 and will be selected by the
Inclusion, Diversity, Equity and Accountability
Committee.
5,000
Community
Building
7 City Ambassador program (5 ambassador
groups) - The Brisbane Ambassador Program is a
program to empower diverse groups of Brisbane
residents to become community ambassadors
and leaders in local government through an
intensive leadership academy. This program is
working to bridge the racial and social gap in civic
engagement. Targeted participants will include
seniors, young-adults, neighborhoods and
cultural groups.
5,000
Safety;
Community
Building
43 L.
File Attachments for Item:
N. Countywide Assignments and Subcommittee Reports
44 CITY of BRISBANE
Council Subcommittee Update
From September 14th, 2024, to September 27th, 2024
None to report during this timeframe.
45 N.