Agenda packet — Brisbane City Council, May 15, 2025 (part 1 of 3)

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CITYof BRISBANE
Thursday, May 15, 2025 at 6:30 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: Community Meeting Room 50 Park Place, Brisbane, CA 94005 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 May 15, 2025 - 2 - 6:30 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).
6:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE

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

ADOPTION OF AGENDA

AWARDS AND PRESENTATIONS
B. Proclaiming May 18–24, 2025 as Public Works Week
C. Life Saving Award Commendations
ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
D. Approve Minutes of City Council Meeting of May 1, 2025 E. Approve Minutes of Closed Session City Council Meeting of May 1, 2025 F. Approve Co-sponsorship of Friends of the Brisbane Library City-Wide Yard Sale G. Approve Co-sponsorship of Bright Minds Africa Swim-a-Thon Event H. Adopt an Ordinance, Waiving Second Reading, Designating the Fire Hazard Severity Zone in the City
I. Introduce an Ordinance Amending the Municipal Code Concerning Notices of Violations 2 May 15, 2025 - 3 - 6:30 PM
(There is no fiscal impact in introducing, and then adopting, this Ordinance. Council has adopted a fee schedule that provides a fee for processing and administering these types of appeals.)
J. Adopt a Resolution Approving One Project, the Overlay of Klamath Street between Visitacion Avenue and San Bruno Avenue, as Intended Use of the Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account Funding
(For the fiscal impact of this item, the engineer’s estimate is $215,000. The City will receive an estimated $127,270 to partially fund the cost of this work. The remaining expenses for the project will be funded using Measure A Sales Tax and State Gas Tax revenues. This work is categorically exempt from provisions of CEQA.)
K. Receive Open Space and Ecology Committee 2025 Workplan (The purpose of this item is to review this year’s goals for the Open Space and Ecology Committee (OSEC), a Council-appointed citizen advisory committee.) L. Brisbane Lagoon Watershed Sea Level Rise Adaptation Plan (It is being recommended to authorize the City Manager to sign an Agreement for Professional Services with Schaff & Wheeler to study the impact of sea level rise on the Lagoon and the adjoining roads of Sierra Point Parkway and U.S. 101 for the amount of $293,340 which is primarily funded by a California Adaptation Grant.) M. Zoning Text Amendment 2025-RZ-01-- Adopt an Ordinance, Waiving Second Reading, to Update the City’s Density Bonus and Inclusionary Housing Ordinance (Staff is recommending to adopt an ordinance to amend the zoning ordinance’s inclusionary housing and density bonus regulations, currently located in BMC Ch. 17.31, to comply with current State law and implement the Housing Element. This item is exempt from CEQA pursuant to CEQA Guidelines §15061(b)(3) because it involves adoption of policies and programs that would not cause a significant effect on the environment.) N. Adopt a Resolution Establishing the 2025 Business License Tax for Liquid Storage Facilities as to Kinder Morgan/SFPP

PUBLIC HEARING
O. Receive Information on Compliance with Assembly Bill 2561/Government Code Section 3502.3 Regarding Vacancies, Recruitment and Retention Efforts P. Consider Adoption of Resolution Amending the Master Fee Schedule per Section

3.32.040 of the BMC to Adopt New Inclusionary In-Lieu Fees and Other Administrative Fees to Implement the Ordinance
3 May 15, 2025 - 4 - 6:30 PM

NEW BUSINESS
Q. Receive an Update from the Economic Development Department- “Economic Vitality” R. City Attorney Recruitment Discussion

STAFF REPORTS
S. City Manager’s Report- City Updates and Upcoming Activities

MAYOR/COUNCIL MATTERS
T. Mayor Lentz’s Request to Have the Mayor, Mayor Pro Tem and Staff Meet SF Mayor Lurie to Establish a Relationship with the Mayor’s Office to Support Common Goals Such as Sea Level Rise Resilience, Efficient Public Transportation, and Bringing Beneficial Amenities to the Region
U. Countywide Assignments and Subcommittee Reports
i. Report Out on Subcommittee Meetings
ii. Upcoming Subcommittee Meetings
V. Written Communications
ORAL COMMUNICATIONS NO. 2

ADJOURNMENT
4 File Attachments for Item:

D. Approve Minutes of City Council Meeting of May 1, 2025 5 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING AGENDA
THURSDAY, MAY 1, 2025
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
6:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Lentz called the meeting to order at 6:31 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 Roll Call Item A.

Councilmembers present: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Councilmembers absent: None
Staff Present: City Manager Dennis, City Clerk Padilla, City Attorney McMorrow, Assistant City Manager Fernandez, Finance Director Yuen, Parks and Recreation Director Leek, Parks and Recreation Supervisor Houghton, Parks and Recreation Supervisor Nahass Lopez, Deputy Fire Chief Amable, Inspector Preston, and Administrative Management Analyst Ibarra

ADOPTION OF AGENDA
Councilmember O’Connell made a motion, seconded by Councilmember Kern, to adopt the agenda as it stands. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
6 D.

City Council Meeting Minutes
May 1, 2025

Page 2 ends

AWARDS AND PRESENTATIONS
B. May is Mental Health Month Proclamation
Mayor Lentz recognized May 2025 as Mental Health Month in the City of Brisbane to enhance public awareness of mental health to help end the stigma and direct members of the community to resources and support for mental health and substance use conditions.

Walter Ng, Community Engagement Supervisor of StarVista Crisis Center and co-chair of the May Mental Health Month Planning Committee, accepted the proclamation and thanked the City Council for their support.

City Manager shared that aside of events, City Hall and the Gazebo will also be lit up in lime green colors to commemorate Mental Health Month in the City of Brisbane.

C. Wildfire Preparedness Month
Mayor Lentz proclaimed May 2025 as Wildfire Preparedness Month and encourage all Brisbane residents to increase their knowledge and awareness of proper safety measures to protect themselves from the devastating effects of wildfires.

Inspector Preston from North County Fire accepted the proclamation and thanked the Councilmembers for spreading awareness about Wildfire Preparedness. Inspector Preston also invited the public to the Wildfire Awareness Event at City Hall on May 13, 2025 at 5pm.

D. Youth Advisory Committee Presentation
Members of the Youth Advisory Committee presented the activities, events, and initiatives they have worked on as well as upcoming programs they are coordinating for the youth in the City of Brisbane. Councilmembers thanked them for their service and leadership.

ORAL COMMUNICATIONS NO. 1
No members of the public wished to speak at this time.

CONSENT CALENDAR
E. Approve Minutes of City Council Meeting of April 3, 2025 F. Approve Minutes of City Council Meeting of April 17, 2025 G. Approve Minutes of City Council Special Meeting of April 17, 2025 H. Approve Investment Report as of March 2025
I. Introduce an Ordinance Designating the Fire Hazard Severity Zone in the City J. Adopt an Ordinance Concerning Dollar Thresholds Under the California Uniform Public Construction Cost Accounting Act and the City’s Federal Procurement Policy 7 D.

City Council Meeting Minutes
May 1, 2025

Page 3 ends

(There is no fiscal impact from adopting this Ordinance. Adoption of the Ordinance will allow the City to use less staff time to obtain products and equipment under a certain dollar threshold and bring the City’s procurement policies when federal funds are used in line with federal guidelines.) Councilmember Mackin made a motion, seconded by Councilmember O’Connell, to approve Consent Calendar Items E-J. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None

NEW BUSINESS
K. Receive Update from Silverspot Cooperative Nursery School and Discuss Lease City Manager Dennis reported that staff recommends that the City Council receive an update from Silverspot Cooperative Nursery School (Silverspot) and discuss a new lease between the City and Silverspot. Silverspot Cooperative Nursery School is a Non-profit 501(c)(3) organization established in 2002. Silverspot Cooperative Nursery School is a parent-run, non-profit co-operative nursery school, working to create a community of encouragement and learning for families. The City has leased property at 4 Solano Street to Silverspot since 2003:

The board members of Silverspot, and Silverspot Director Diana Ji provided an overview of Silverspot to the councilmembers. They presented on the changes the school employed to meet the needs of the school, the school’s revenue and expenses, and their fundraising efforts.

After council questions with staff, Silverspot Director Ji, Silverspot boardmembers and former Silverspot Director Tom Wheeler, the following members of the public showed their support for Silverspot and their school’s lease renewal: Melissa Rivas, Julianna Johnson and Jessica Aloft.

Council discussed agreeing to the following amendments to the lease:
• renew the lease to two years (Article 2)
• establishing the monthly base rent to $1,000 and is waived if Silverspot designates an equivalent amount towards community benefit, e.g., offering tuition assistance to families in need (Article 3). • change the minimum age served and lower from 2 years 6 months to 2 years and a reduction to 15 children given the ebbs and flows of enrollment in recent years (Article 4) • tighten the maintenance language in sections 8.01 and 8.02 and add section 8.03--Landlord shall perform maintenance of the landscape in the playground area and in the front yard of the Property at least twice per month (Article 8)
• enforce water payment if possible, if not strike it out of the new lease Mayor Lentz also wanted more clarity from Silverspot on how they would reimagine the Tot Lot playground.

Staff was directed to return to the council with the amended lease renewal at a future City Council Meeting for Council review.
8 D.

City Council Meeting Minutes
May 1, 2025

Page 4 ends

STAFF REPORTS
L. City Manager’s Report- City Updates and Upcoming Activities City Manager Dennis welcomed the new staff Christina Fernandez, Assistant to the City Manager. City Manager Dennis also provided an update on upcoming activities.

MAYOR/COUNCIL MATTERS
M. Consider Letter of Support for Regional Transportation Funding Bill City Manager Dennis reported that staff recommend the Council discuss whether they would like to issue their own support letter for Senate Bill 63 a regional transportation funding bill. After Council questions and discussion, staff was directed to bring back this item to a City Council Meeting when there is more information about the bill and regarding Senator Arreguin's request for $2 billion in the state budget to support transit.

N. Countywide Assignments and Subcommittee Reports
i. Report Out on Subcommittee Meetings
ii. Upcoming Subcommittee Meetings
Councilmembers reported on their countywide assignments and subcommittee reports.

O. Written Communications
The following written correspondences were received by Councilmembers:

Mairena (04-27-2025) Quarry
Anonymous (04-27-2025) Bank of America Building
Brown-Stevens (04-30-2025) Hidden Heroes of Greenbelt Awards Straw (04-29-202) Ridge
Madrinan (04-29-2025) Silverspot
Mizicko-Jackson (05-01-2025) Silverspot
Vivas (05-01-2025) Silverspot
Aloft (04-30-2025) Silverspot
ORAL COMMUNICATIONS NO. 2
No members of the public wished to speak at this time.

ADJOURNMENT
The meeting was adjourned by Mayor Lentz at 8:51 P.M. and will be immediately followed by a Special Meeting in the Large Conference Room.
_______________________
Ingrid Padilla
City Clerk
9 D.

File Attachments for Item:

E. Approve Minutes of Closed Session City Council Meeting of May 1, 2025 10 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL CLOSED SESSION MEETING AGENDA
THURSDAY, MAY 1, 2025
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,
BRISBANE, CA 94005

1. 8:00 P.M. CLOSED SESSION (To Be Held in the Large Conference Room Immediately following the Adjournment of the Brisbane City Council Meeting at 6:30 P.M.) 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 Real Property Negotiator Under Government Code Section 54956.8 Unrecorded Lot # Assessor’s
Parcel No.

Owner
Lot 96 007-502-
090
Jagdish Dayal
NEGOTIATOR: City Manager Jeremy Dennis
UNDER NEGOTIATION: Price and other terms and conditions of sale E. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Government Code, Section 54956.9 (d). Number of Cases: One Mayor Lentz called the meeting to order at 8:58 P.M.

Councilmember O’Connell made a motion, seconded by Councilmember Kern to approve the Closed Session Meeting agenda as it stands. The motion passed unanimously by all present.

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

Absent: None
Abstain: None
11There was no public comment. Mayor Lentz adjourned the meeting into Closed Session.

City Council Meeting Minutes
May 1, 2025

Page 2 ends

REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers did not take any action and provided directions to staff on the Real Property Negotiation Item D and Anticipated Litigation Item E.

ADJOURNMENT
The meeting was adjourned at 9:58 P.M.

Ingrid Padilla, City Clerk
12 E.

File Attachments for Item:

F. Approve Co-sponsorship of Friends of the Brisbane Library City-Wide Yard Sale 13 Friends of the Brisbane Library City-Wide Yard Sale for event cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 5/15/2025
From: Jeff Franco, Recreation Coordinator
Noreen Leek, Parks & Recreation Director
Subject: Approve the Friends of the Brisbane Library City-Wide Yard Sale for Event cosponsorship
Community Goal/Result
Community Building
Purpose
Promote cultural and social events that encourage community engagement and provide assistance to local non-profit organizations.

Recommendation
Approve the Friends of the Brisbane Library’s (FOBL) City-Wide Yard Sale as a cosponsored event.

Background
The City-Wide Yard Sale is open to the public and includes flea market style shopping opportunities at both the Brisbane Community Park and participating resident homes throughout Brisbane. A map of all the garage/yard sales locations will be distributed to the public. Hosted by the Friends of the Brisbane Library, this annual yard sale is the Friends’ biggest fundraiser. Brisbane community members register to sell on the day of the event, and their registration fees support FOBL efforts. This event brings community members together in a unique format to repurpose household supplies/clothing and promote sustainability. It also supports Council’s goal of providing assistance to non-profits.

Discussion
This year’s event is being proposed for July 12, 2025, at the Community Park and along San Francisco Avenue. Event set up would begin around 7:00am and clean up would be completed by 6:00pm.

Fiscal Impact
FOBL is requesting support from the City in the way of promotion and community announcements. They have also requested closure of a portion of San Francisco Avenue for the purpose of the event.

Therefore, some staff time from the Public Works team will be necessary to place public notifications 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.

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Public Works staff for street
closure
Approximately 2 hours on OT @
$52.50/hour = $105 Requesting to be waived
Promotional and Marketing
Support Waived
14 F.

Friends of the Brisbane Library City-Wide Yard Sale for event cosponsorship Page 1 of 2 Attachments

1. Cosponsorship Application
Jeff Franco _______
Jeff Franco, Recreation Coordinator
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Jeremy Dennis, City Manager 15 F.
16 F.
17 F.

File Attachments for Item:

G. Approve Co-sponsorship of Bright Minds Africa Swim-a-Thon Event 18 Bright Minds Africa Swim-a-Thon Application for event cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 5/15/2025
From: Jeff Franco, Recreation Coordinator
Noreen Leek, Parks & Recreation Director
Subject: Approve the Bright Minds Africa Swim-a-Thon for Event cosponsorship
Community Goal/Result
Community Building
Purpose
Promote cultural and social events that encourage community engagement and provide assistance to local non-profit organizations.

Recommendation
Approve the Bright Minds Africa Swim-a-Thon as a co-sponsored event.

Background
Bright Minds Africa is a non-profit organization that provides a school partnership program at Lipman Middle School. One of their founders, Gina Dettmer, is a Brisbane resident. The mission of Bright Minds Africa is to empower girls and remove the obstacles that prevent them from accessing education, including family dynamics, community needs, and social issues like early marriage. Bright Minds Africa achieves this through various programs, including:
• Education: Identifying out-of-school children and working with their families to enroll them, providing scholarships, and supporting local schools with teacher training and infrastructure. • Literacy: Developing libraries in schools and communities to combat functional illiteracy and offer literacy programming.
• Healthcare: Addressing malnutrition, HIV transmission, and maternal health issues through various interventions.
• Other Initiatives: Providing clean water projects, microloans, and mentorship.

Currently, Lipman students engage in a pen pal exchange program with students in Nigeria and fundraise for communities throughout West Africa. Through Bright Minds Africa, Brisbane residents have the opportunity to sponsor students in Nigeria and partake in an annual donor dinner.

Discussion
Bright Minds Africa’s inaugural Swim-a-Thon event is being proposed for Saturday, June 7, 2025, from 3:30-7:00pm at the Brisbane Community Pool. The event set up would begin at 2:30pm and clean up would be completed by 7:15pm. Lifeguards would be onsite throughout the duration of the event. The 19 G.

Bright Minds Africa Swim-a-Thon Application for event cosponsorship Page 1 of 2 event would consist of community members registering in advance and swimming laps to raise funds to donate towards construction of a High School for girls in Nigeria.

Fiscal Impact
Bright Minds Africa is requesting support from the city as summarized in the table below. They have requested use of the Brisbane Community Pool for the aforementioned event.

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Hourly Rental of the
Community Pool
Approximately 5 hours @
$175/hour = $875
(including set up/clean up)
Requesting to be waived
Promotional and Marketing
Support Waived
Attachments

File Attachments for Item:

H. Adopt an Ordinance, Waiving Second Reading, Designating the Fire Hazard Severity Zone in the City
23 2024-RZ-1 Adoption Page 1 of 1

CITY COUNCIL MEMO
Meeting Date: May 15, 2025
From: Ingrid Padilla, City Clerk
Subject: An Ordinance Establishing the 2025 Local Responsibility Area Fire Hazard Severity Zone Map for the City of Brisbane and designating all areas within the City of Brisbane as Moderate The Ordinance listed above was introduced at the City Council Meeting of May 1, 2025. It is on this agenda for consideration of adoption.

Attachment:

1. Staff Report from the City Council Meeting of May 1, 2025 24 H.

Fire Hazard Severity Zone Map Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: Thursday, May 1, 2025
From: Fire Marshal Battalion Chief Craig Wittner
Subject: Fire Hazard Severity Zone Map
Community Goal/Result
Safe Community – Enhance safety within the community of residents, businesses, and visitors.

Purpose
To comply with California Government Code 51179.

Recommendation
Staff recommend the City Council introduce an ordinance establishing the 2025 Local Responsibility Area Fire Hazard Severity Zone Map for the City of Brisbane and designating all areas within the City of Brisbane as Moderate.

Background
On February 24, 2025, CAL FIRE released the 2025 Local Responsibility Area (LRA) Fire Hazard Severity Maps. State law requires CAL FIRE, in coordination with the Office of the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones, utilizing a consistent statewide model based on the severity of fire hazard that is expected to prevail in those areas. Fire Hazard Severity Zone maps evaluate “hazard,” not “risk” and are based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period. The State Department of Forestry and Fire Protection has designated all areas within the City of Brisbane as Moderate and the map attached to the Ordinance reflects that designation.

The North County Fire Authority has made this information, including the map, available to the public for review and comment. The Authority has received no comments on the map.

Notwithstanding that properties in Brisbane will be designated as moderate, insurance companies use their own sophisticated risk models to make decisions about what premiums are to be imposed for fire insurance purposes..

Fiscal Impact
None
Environmental Review
No further environmental review is required under the California Environmental Quality Act (CEQA) to introduce and adopt this Ordinance because the Ordinance is not a project under CEQA Guidelines, Section 15378, and there is no significant environmental effect related to its adoption (CEQA Guidelines, Section 15061 (b)(3).

Attachment 1
25 H.

Fire Hazard Severity Zone Map Page 2 of 2
Attachments

1. Ordinance

2. Local Responsibility Area (LRA) Moderate Fire Hazard Severity Zone Map Craig Wittner ___________________________________ ___________________________________ Craig Wittner, Fire Marshal Jeremy Dennis, City Manager 26 H.
1 CITY OF BRISBANE ORDINANCE NO. _________

AN UNCODIFIED ORDINANCE OF THE CITY OF BRISBANE DESIGNATING THE

FIRE HAZARD SEVERITY ZONE FOR THE CITY OF BRISBANE AS MODERATE AND ADOPTING A MAP ENTITLED “CITY OF BRISBANE FIRE HAZARD SEVERITY ZONE”
WHEREAS, the State Fire Marshal has identified areas in the State as moderate, high, or very high fire hazard severity zones based on consistent statewide criteria based on the severity of the fire hazard that is expected to prevail in those areas; and WHEREAS, the California Department of Forestry and Fire Protection has recommended that all areas within the City of Brisbane be designated as a moderate fire hazard severity zone; and
WHEREAS, the City is to adopt by ordinance a map designating the areas within its jurisdiction as moderate, high, or very high fire hazard severity zones; and WHEREAS, information concerning this matter and the proposed map has been available to the public for review and comment; and
WHEREAS, this Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Sections 15378 (not a project) and 15061(b)(3) (no significant environmental impact).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRISBANE does ordain as follows:

Section 1. The City Council hereby designates the Fire Hazard Severity Zone for the City of Brisbane as Moderate and adopts the attached map entitled “City of Brisbane Fire Hazard Severity Zone”.

Section 2. The official map referenced in Section 1 of this Ordinance is also located electronically on the following website: www.northcountyfire.gov.

Section 3. This ordinance shall be in full force and effect 30 days after its passage and adoption.

The above Ordinance was regularly introduced and after waiting the time required by law was thereafter passed and adopted at a regular meeting of the City Council of the City of Brisbane on May 15, 2025, by the following vote:

Attachment 1
27 H.
2 AYES:

NOES;
ABSENT;
ABSTAIN:

Mayor of the City of Brisbane
Attest:

Ingrid Padilla, City Clerk
Approved as to form:

Thomas R. McMorrow, City Attorney
28 H.

City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:24,000 at 11" x 17"
Km 0 0.5 1 1.5
Mi 0 0.5 1
Moderate
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Brisbane
101

UNINCORPORATED
SAN
MATEO CO.

DALY CITY

SAN FRANCISCO

SOUTH SAN

FRANCISCO

SOUTH SAN

FRANCISCO
S A N F R A N C I S C O C O .

S A N M A T E O C O .

February 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF BRISBANE – SAN MATEO COUNTY Attachment 2
29 H.

File Attachments for Item:

I. Introduce an Ordinance Amending the Municipal Code Concerning Notices of Violations (There is no fiscal impact in introducing, and then adopting, this Ordinance. Council has adopted a fee schedule that provides a fee for processing and administering these types of appeals.)
30 Notice of Violation Page 1 of 4

CITY COUNCIL AGENDA REPORT
Meeting Date: May 15, 2025
From: Michael Roush, Legal Counsel & Jeremy Dennis, City Manager
Subject: Ordinance Concerning Notices of Violations for Violations of the Brisbane Municipal Code
Community Goal/Result
Safe Community - Residents and visitors will experience a sense of safety Recommendation
Introduce the attached Ordinance amending the Municipal Code concerning Notices of Violations for violations of the Brisbane Municipal Code and then, subsequently, adopt the Ordinance.

Adoption of this Ordinance is not subject to further environmental review since it is not a project under the California Environmental Quality Act. Section 15378 (b)(5), CEQA Guidelines.

Background
When the City becomes aware of potential violations of the Municipal Code, typically by complaints from residents, the City’s Code Enforcement Officer will investigate. If it appears that there is a violation, the Code Enforcement Officer will contact the property owner and/or responsible party and advise that the violation must be abated or corrected. If those informal methods to resolve the matter are not successful, the Municipal Code provides a number of remedies that the City may pursue in order to gain compliance. These include an infraction or misdemeanor citation (depending on the nature of the violation) which imposes a fine on the violator, an administrative citation which likewise imposes a fine on the violator, or a Notice of Violation (“NOV) which does not impose a fine on the violator but does order the violator to correct or abate the violation within a specified period of time and advises that the failure to correct or abate may subject to further enforcement actions. NOV’s also provide that the person who received the NOV may appeal, i.e., the person cited contends that there is no violation of the Code.

Currently, for most NOVs, the Municipal Code does not expressly provide for an appeal hearing except in the limited situations where the NOV provides that the Code Enforcement Officer may record a Notice of Violation against the property if the violation is not corrected or abated.

Typically, however, most NOVs do not include that language but only that the violation must be corrected within a specific period time. Therefore, for most NOVs there are no express procedures in the Municipal Code about the appeals process when the NOV does not say that 31 I.

Notice of Violation Page 2 of 4
the Code Enforcement Officer may record the NOV against the property. This came into focus recently when an NOV for a zoning ordinance violation was issued, it did not say an NOV may be recorded, and the person who received the NOV filed an appeal. That particular appeal became moot when the NOV was withdrawn but appeals procedures for these types of NOVs should be placed into the Municipal Code for future enforcement actions.

The City has adopted by reference a number of what are called “Construction Codes”, for example, the California Building, Residential, Electrical, Plumbing, Energy and Green Building Standards, and Property Maintenance Codes. Section 15.04.040, Brisbane Municipal Code.

Generally, these Codes are based on International or Uniform Codes and the intent of these Codes is to provide uniform standards throughout the State. NOVs under these Codes provide their own appeals procedures.

Typically, these Codes call for a “Board of Appeals” to hear appeals, with Board members to be persons with experience in the particular subject matter of the particular Code, for example, the Board members under the Building Code are to have experience and training in building construction. Board members are appointed by the “chief appointing authority” (presumably the City Manager) or by the governing body, e.g., the City Council; Board members may not be employees of the agency that issued the NOV. To say that most cities have such appointed such Boards would be an overstatement and indeed Brisbane has never established or appointed such a Board. Perhaps oddly, the Codes typically provide, however, that if a Board has not been appointed, the governing body is to hear appeals of NOVs, notwithstanding that most members of a governing body would lack experience and training in these areas.

Moreover, unlike appeals of NOVs for violations under other Chapters of the Municipal Code, recent case law holds that appeals of NOVs under the construction codes must be heard by a Board of Appeals, not by a single hearing officer.

A city may, however, amend most construction codes under certain limited conditions, i.e., because of local climatic, geological, topographical or environmental conditions. Moreover, such amendments must be approved by the California Building Standards Commission. See Section 15.04.043, BMC, concerning amendments to certain construction codes. Accordingly, there would not be the required grounds to amend most construction codes to revise the appeals procedure, for example to have a single hearing officer hear appeals and, even if the City were to so amend those codes, it seems unlikely the California Building Standards Commission would approve.

One construction code, however, the International Property Maintenance Code, may be amended for reasons not tied to climactic, geological, topographical, or environmental circumstances. That Code is often the subject of Brisbane issued NOVs. 32 I.

Notice of Violation Page 3 of 4
Discussion
Staff recommends that Section 1.14.140 of the Municipal Code be amended such that if an NOV is issued, it may, but need not, provide that an NOV may be recorded against the property if the underlying violation is not corrected or abated. Otherwise, the NOV will provide that the violation must be corrected or abated within a specific period of time. Whether the NOV has the recording language or not, the person who receives the NOV may appeal.

Staff also recommends that the International Property Maintenance Code be amended by deleting the current appeals procedures that contemplates a Board of Appeals and replacing it with the appeals procedure set forth in Chapter 1.14 (Code Enforcement). Such amendment does not need to be approved by the California Buildings Standards Commission. More importantly, the amendment would permit a single hearing officer to hear and decide appeals of NOVs for violations of the Property Maintenance Code. In the absence of a Board of Appeals being appointed, appeals of NOVs for violations of other construction codes will need to be heard by the City Council. Fortunately, such appeals are rare and indeed, staff is not aware of any such appeals in the last 15 years.

If this Ordinance is adopted, for the overwhelming majority of NOVs, if there is an appeal, the City Manager may designate a hearing officer to hear and decide the merits of the appeal. The hearing officer may be a City Department head whose department does not have direct regulatory authority over that portion of the Municipal Code giving rise to the violation. For example, if the Code Enforcement Officer issued an NOV for a zoning ordinance violation and the NOV was appealed, the City Manager could assign the Public Works Director to hear the appeal since that Director has no direct regulatory authority over zoning matters. Whether a City Department Head or otherwise, the hearing officer’s decision is final, subject only to judicial review.

In instances where an NOV has been recorded after a hearing officer has upheld the underlying violation or where the person fails to appeal, and the violation is subsequently corrected, the City will prepare a termination/cancellation of the NOV and provide it to the property owner so that the owner may have it recorded and remove the cloud on title.

The issuance of an NOV, recorded or not, is in addition to any other remedies the City may have, such as criminal or administrative citations, or a civil action, to compel compliance.

Fiscal Impact
There is no fiscal impact in introducing, and then adopting, this Ordinance. Council has adopted a fee schedule that provides a fee (currently $454) for processing and administering these types of appeals.
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Notice of Violation Page 4 of 4
Environmental Review
No further environmental review under the California Environmental Quality Act is required for introduction/adoption of this Ordinance because it is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment and hence it is not a project under CEQA. CEQA Guidelines, Section 15378(b)(5).

Attachment:

1. Ordinance amending Sections 1.14.140 and 15.04.043 of the Brisbane Municipal Code concerning notices of violations
___________________________________ ___________________________________ Michael Roush, Legal Counsel Jeremy Dennis, City Manager 34 I.

ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF BRISBANE TO AMEND SECTIONS 1.14.140 AND 15.04.043

OF THE BRISBANE MUNICPAL CODE CONCERNING NOTICES OF CODE VIOLATIONS THE CITY COUNCIL OF THE CITY OF BRISBANE HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Section 1.14.140 of the Brisbane Municipal Code is amended to read as follows:
“1.14.140 Notices of code violations.
(Subsection A, no change).

B. Whenever an enforcement officer has knowledge of a violation of any provision of this code, or any other ordinance of the city, or any rule, regulation, or order promulgated or issued pursuant to this code, or the provisions of any code adopted by reference by this code, or any condition or any approval, permit, or license granted pursuant to this code, and such violation is located upon any real property in the city, the enforcement officer may:

1. Issue to the owner of such property a notice of violation informing the owner of the location of the violation, the description of the violation, the code section violated, the corrective or abatement action required, the date by which the violation must be corrected or abated, that if the violation is not corrected or abated within the time frame set forth that the owner will be subject to further code enforcement actions, and the owner’s appeal rights; and/or

2. Issue to the owner of such property of the enforcement officer’s intent to record a notice of violation in the office of the county recorder. The notice of intent shall describe the nature of the violation and inform the owner that a notice of violation will be recorded unless the owner requests a hearing within 20 days from the date of the notice.

C. Any notice of violation or notice of intent to record a notice of violation shall be mailed to the owner at the address shown on the latest available assessment roll, or as otherwise known to the enforcement officer, and a copy posted to the property.

D. If the owner exercises appeal rights timely under paragraph 1 of Subsection B, or if the owner timely requests a hearing under paragraph 2 of subsection B, the City Manager, unless the code requires otherwise, shall appoint a hearing officer, who may be a City Department Head or Deputy Department Head whose Department does not have direct regulatory authority over the property in question. The hearing officer may affirm, modify, or reverse the decision of the enforcement officer that there is a violation of the code to be corrected or abated. The decision of the hearing officer shall be final subject only to judicial review as provided by law.

E. If the owner does not exercise timely appeal rights under paragraph 1 of subsection B and the violation remains uncorrected or unabated or, if owner has exercised timely appeal rights and the hearing officer, following the hearing and consideration of the relevant evidence, determines that a Attachment 1
35 I.
violation as cited in the notice of violation exists, the enforcement officer may take further enforcement actions.

F. If the owner does not timely request a hearing under paragraph 2 of subsection B and the violation remains uncorrected or unabated or, if the owner has timely requested a hearing and hearing officer, following the hearing and consideration of the relevant evidence, determines that violation as cited in the notice of intent to record exists, the enforcement officer may record a notice of code violation in the office of the county recorder.

G. If a notice of code violation has been recorded, at the request of the affected property owner or other interested person and upon the enforcement officer’s determination that the violation has been corrected or abated, the enforcement officer shall furnish to the owner or other interested party a termination/cancellation of the recorded notice of code violation.

H. The enforcement officer’s issuing to the owner a notice of violation or a notice of intent to record a notice of violation pursuant to this section shall be in addition to any other rights, remedies, or actions available to the city by reason of the same violation as described in the notice.” Section 2: Section 15.04.043 of the Brisbane Municipal Code is amended to read:
“Section 15.04.043 Amendments to the California Building Standards Codes The 2022 California Building Code (CBC), California Residential Code (CRC), California Green Building Standards Code (CALGreen), and the 2021 International Property Maintenance Code (IPMC) are hereby amended as follows:
(Subsections A through I, no change).

J. Section 107 of the IPMC is deleted and replaced with the following:

Appeals of administrative citations, notices of violation, or compliance orders of the code official issued under this code shall be conducted in accordance with Chapter 1.14 (Code Enforcement).’ SECTION 3: This Ordinance shall be in full force and effect 30 days after its passage and adoption.

AYES:

NOES:

ABSENT:

ABSTAIN
Mayor of the City of Brisbane
36 I.

ATTEST:

Ingrid Padilla, City Clerk
Approved as to form:

Thomas R. McMorrow, City Attorney
37 I.

File Attachments for Item:

J. Adopt a Resolution Approving One Project, the Overlay of Klamath Street between Visitacion Avenue and San Bruno Avenue, as Intended Use of the Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account Funding
(For the fiscal impact of this item, the engineer’s estimate is $215,000. The City will receive an estimated $127,270 to partially fund the cost of this work. The remaining expenses for the project will be funded using Measure A Sales Tax and State Gas Tax revenues. This work is categorically exempt from provisions of CEQA.)
38 Adoption of Project as Intended Use of FY 2024-25 RMRA Funding Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: May 15, 2025
From: Karen Kinser, Deputy Director of Public Works
Subject: Adoption of Project as Intended Use of FY 2025-26 RMRA Funding
Community Goal/Result
(1) Safe Community
Purpose
To satisfy the Fiscal Year Road Maintenance and Rehabilitation Account eligibility, accountability, and transparency requirements established by SB 1 (2017, Beall); this action is consistent with the community’s value of being fiscally conservative.

Recommendation
Approve Resolution No. 2025-xx adopting one (1) project, the overlay of Klamath Street between Visitacion Avenue and San Bruno Avenue, for fiscal year 2025-2026 funded by Senate Bill 1 (SB 1): the Road Repair and Accountability Act of 2017.

Background
SB 1 (Beall) was filed with the Secretary of State on April 28, 2017. This bill established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund that is intended to address deferred maintenance on the state highway system and the local street and road systems. The bill also requires the California Transportation Commission (CTC) to adopt criteria to ensure efficient use of these funds.

The reason for recommending approval of the attached resolution is to satisfy the eligibility requirements of SB 1 while providing transparency to the community of the City’s intended use of the SB 1 funds and holding itself accountable for the efficient investment of public funds to maintain public streets and roads with the annual expenditure reporting requirements. The City will report to the Commission by December 1 of each year on its use of RMRA funds received and/or spent each FY and account for all projects proposed in that FY.

Fiscal Impact
The project recommended for this year is to utilize 2025-26 RMRA funds to complete a milland-overlay of Klamath Street between Visitacion Avenue and San Bruno Avenue, as identified in the City’s pavement management system. The engineers estimate is $215,000.

The City will receive an estimated $127,270 to partially fund the cost of this work. The remaining expenses for the project will be funded using Measure A Sales Tax and State Gas Tax revenues.
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39 J.

Adoption of Project as Intended Use of FY 2025-26 RMRA Funding Page 2 of 2 Environmental Review
This work is categorically exempt from provisions of CEQA in that the proposal is replacement or reconstruction of existing uses on the same site as the existing facilities with no change in purpose or expansion of capacity (California Code of Regulations, Title 14, Division 6, Chapter 3, Article 19, §15302 “Class 2 – Replacement or Reconstruction”).

Measure of Success
Compliance with the SB 1 Local Streets and Roads RMRA eligibility requirements by the CTC’s submittal due dates, allowing the City to receive its FY 2025-26 RMRA apportionment. Should the City fail to meet the eligibility requirements within the submittal period enforced by the CTC, the City will forfeit its RMRA apportionment, which will then be disbursed to other eligible Cities that fiscal year.

Attachments

1. Resolution No. 2025-xx
Karen Kinser, Deputy Director of Public Works
Randy Breault, Director of Public Works/City Engineer Jeremy Dennis, City Manager 2 of 4
40 J.

RESOLUTION NO. 2025-xx
RESOLUTION ADOPTING ONE (1) PROJECT, THE OVERLAY

OF KLAMATH STREET BETWEEN VISITACION AVENUE AND SAN BRUNO

AVENUE, FOR FISCAL YEAR
2025-2026 FUNDED BY SENATE BILL 1 (SB 1): THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of Brisbane are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $127,270 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets throughout the City this year and into the future; and WHEREAS, the 2024 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in “Good to Excellent” condition and this revenue will help us maintain or increase the overall quality of our road system; and 3 of 4
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WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The Overlay of Klamath Street between Visitacion Avenue and San Bruno Avenue will be funded with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues:
a. Anticipated Funding Sources: 2025-2026 RMRA funds
($127,270), Measure A Sales Tax and State Gas Tax
revenues ($87,730)
b. Project Description: Mill-and-overlay of asphalt concrete surfacing. c. Project Location: Klamath Street between Visitacion Avenue and San Bruno Avenue
d. Proposed Schedule: Release notice inviting bids to contractors spring 2026 and complete construction by summer 2026.
e. Estimated Useful Life: The city’s Pavement Management System calculates a new useful life of 20 years for this repaired roadway.

3. The Overlay of Klamath Street between Visitacion Avenue and San Bruno Avenue is adopted into the City’s FY 2025-2026 Capital Improvement program.

Cliff Lentz, Mayor City of
Brisbane
* * * *
I, the undersigned, hereby certify that the foregoing Resolution No. 2025-xx was adopted at a regular meeting of the City Council of the City of Brisbane on the 15th day of May, 2025 by the following vote:

AYES:

NOES:

ABSENT:

Ingrid Padilla, City Clerk
City of Brisbane
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42 J.

File Attachments for Item:

K. Receive Open Space and Ecology Committee 2025 Workplan (The purpose of this item is to review this year’s goals for the Open Space and Ecology Committee (OSEC), a Council-appointed citizen advisory committee.) 43 OSEC Work Plan Page 1 of 1

CITY COUNCIL AGENDA REPORT
Meeting Date: May 15, 2025
From: Karen Kinser, Deputy Director of Public Works
Subject: OSEC 2025 Work Plan
Community Goal/Result
Ecological Sustainability - Brisbane will be a leader in setting policies and practicing service delivery innovations that promote ecological sustainability Purpose
To review this year’s goals for the Open Space and Ecology Committee (OSEC), a Councilappointed citizen advisory committee.

Recommendation
Receive OSEC’s 2025 Work Plan.

Background
With new members joining OSEC this year, development of a proposed workplan by the committee was somewhat delayed. On April 9, 2025, Council liaisons to OSEC, Council Members Coleen Mackin and Terry O’Connell, met with the OSEC Chair and Vice Chair to discuss the Work Plan.

Discussion
Council liaisons shared their support of OSEC and staff for their work to date. Council liaisons provided direction on the attached Work Plan.

Fiscal Impact
No fiscal impact.

Measure of Success
OSEC has a blueprint for their endeavors for the remainder of 2025.

Attachments

1. 2025 Work Plan
___________________________________
Karen Kinser, Deputy Director of Public Works
___________________________________ ___________________________________ Randy Breault, Public Works Director Jeremy Dennis, City Manager 1 of 2
44 K.
2025 OSEC Work Plan
The Open Space and Ecology Committee provides policy and programmatic recommendations on environmental issues.

Priority projects:
• Provide input on Quarry and Baylands Developments
• Consider strategies to reduce emissions from existing buildings and transportation • Support the health and growth of the urban tree canopy utilizing the recent Tree Inventory, via education and outreach, grants and potential other means. Consider setting a canopy coverage goal.

Routine/ongoing efforts:
• Review and approve annual vegetation management plan for Brisbane Acres • Review Open Space Plan and its implementation and update as necessary • Review and recommend plans to meet Climate Emergency Declaration goals • Provide input on three to four habitat restoration days per year • Improve/maintain Crocker Trail frog habitat
• Education and Outreach
o Day in the Park community festival
o Bike to Work Day
o Lipman Science Fair
o Library display
o Publications through City e-blast, Star, website, social media sites and MCTV o Outreach to targeted areas, e.g. on trash
Long-term policy issues (to be addressed if/when they arise):
• Coordinate Climate Action Plan update with Baylands Specific Plan • Provide input on design of Baylands open space upon Council approval of land use • General Plan - Review of future proposed updates to Open Space Element 2 of 2
45 K.

File Attachments for Item:

L. Brisbane Lagoon Watershed Sea Level Rise Adaptation Plan (It is being recommended to authorize the City Manager to sign an Agreement for Professional Services with Schaff & Wheeler to study the impact of sea level rise on the Lagoon and the adjoining roads of Sierra Point Parkway and U.S. 101 for the amount of $293,340 which is primarily funded by a California Adaptation Grant.)
46 CITY COUNCIL AGENDA REPORT
Lagoon SLR Study Page 1 of 2
Meeting Date: May 15, 2025
From: Director of Public Works/City Engineer
Subject: Brisbane Lagoon Watershed Sea Level Rise Adaptation Plan Purpose
To authorize the selected consultant to perform the subject study that is funded by a California adaptation grant.

Recommendation
Authorize the City Manager to sign the attached Agreement for Professional Services with Schaff & Wheeler, and to issue Task Order 25-001 in the amount of $293,340.

Background
The City applied for a Climate Adaptation Planning Grant to study the impact of sea level rise on the Lagoon and the adjoining roads of Sierra Point Parkway and U.S. 101. A conditional award letter was received in July 2024, and Caltrans issued the notice to Proceed on February 21, 2025.

A Request for Proposals to complete this study was issued March 8, 2025, and two proposals were received on the due date of April 8, 2025. Staff reviewed both proposals and determined that Schaff &Wheeler was the most qualified consultant to perform this work.

Discussion
The full scope of the work to be completed by Schaaf & Wheeler is attached as Exhibit A to the Agreement.

Approval of this action is consistent with City Council’s Resolution No. 2024-24, passed unanimously September 5, 2024.

Fiscal Impact
This project is funded by:

State Highway Account – Climate Adaptation Planning Grant $259,920 Local Match $34,000
TOTAL $293,920
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Lagoon SLR Study Page 2 of 2
Environmental Review
Prior to the Final Plan’s submittal to City Council for approval, an Initial Study shall be conducted per California Code of Regulations Title 14, Division 6, Chapter 3, Article 5 §15063 to determine if the project may have a significant impact on the environment.

Attachments

1. Agreement for Professional Services with Schaff & Wheeler

2. Resolution No. 2024-24
___________________________________ ___________________________________ Randy Breault, Public Works Director Jeremy Dennis, City Manager 2 of 47
48 L.

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, dated , is made by and between THE CITY OF BRISBANE, a municipal corporation ("City"), and Schaaf & Wheeler a C corporation ("Consultant").

RECITALS
A. City desires to retain Consultant for the performance of certain professional engineering and design services.

B. Consultant represents that Consultant 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, Consultant shall perform the services described in written Task Orders. All services shall be performed to the reasonable satisfaction of the City department head in charge of the project. All plans, specifications, estimates, and engineering data furnished by Consultant to City shall be signed by the responsible engineer, with registration number indicated where appropriate.

2. Time of Performance. The services of Consultant shall commence upon the issuance by City of a Task Order and shall be satisfactorily completed in a reasonable timeframe mutually agreed to by City and Consultant.

3. Responsible Personnel. The . personnel acting on behalf of Consultant primarily responsible for performance of the services hereunder shall be Daniel Schaaf, PE.

4. Compensation. As compensation for all services to be performed by Consultant under this Agreement, Consultant shall be paid the amounts set forth in Exhibit A attached hereto and incorporated herein by reference. The hourly rates set forth in Exhibit A include salary, fringe benefits, overhead, profit, and other expenses to be incurred by Consultant. In no event shall Consultant's total compensation exceed the sum agreed upon in the Task Order without additional written 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. Consultant shall 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 at such time as agreed upon between City and Consultant. City shall pay Consultant no later than 30 days after approval of the invoice -1- '
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by City staff. If City objects to all or any portion of the billing, City shall notify Consultant of the nature of such objection and the amount in dispute. City shall pay when due the portion of the billing, if any, that is not in dispute. The parties will make a good faith effort to settle the disputed billing through good faith negotiations.

6. Maintenance and Inspection of Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, time cards, 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 Consultant 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. Consultant shall also make such records and documents available for inspection and audit upon request by any representatives of the State or Federal government. The right of inspection shall include the right to make extracts and copies.

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

Each subcontractor must agree in writing to comply with all of the applicable terms and conditions of this Agreement.

8. Correction of Work. Consultant shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services, or other work, without additional cost to City. The performance or acceptance of services furnished by Consultant shall not relieve Consultant from the obligation to correct subsequently discovered defective, inaccurate, or incomplete performance of Consultant's services hereunder.

9. Ownership of Documents. Except for Consultants pe-existing intellectual property, including but not limited to, data, materials, concepts and standard details, all final plans, studies, documents and other writings prepared by and for Consultant in the course of performing its services under this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents a1id other writings to City upon written request. Consultant shall not be responsible for anyreuse.0£,such documents by City which is unrelated to the Project and City agrees to indemnify, defend, and hold Consultant and its subcontractors harmless against any claims of liability arising from such reuse by City.

10. · Independent Contractor. Consultant is, and at all times shall remain, an independent contractor, and not an agent, officer or employee of City. As an independent ·contractor, neither Consultant nor any of its 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. Consultant shall have no power -2-
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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.

11. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant shall, at its sole cost and expense, keep and maintain such licenses, permits, qualifications, insurance and approvals current and in full force and effect at all times during the term of this Agreement.

Consultant shall maintain a current City of Brisbane business license.

12. Compliance with Standards of Care and Laws. Consultant shall adhere to the standard of care in its profession and shall use due professional care 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. Standard of Care shall be defined as skill and care ordinarily used by members of the subject profession practicing under similar circumstances at the same time and locality. Without limiting the generality of the foregoing, Consultant shall comply with the Federal Acquisition Regulations as set forth in CFR Title 48, Part 31 and CFR Title 49, Part 18, to the extent the same are applicable to the performance of Consultant's services under this Agreement.

13. Errors and Omissions. (Not Used)

14. Indemnity. To the extent allowed by law, Consultant 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, including reasonable attorney's fees, to the extent caused by the negligent performance by Consultant or any of its subcontractors, agents or employees, of any services under this Agreement or the failure by Consultant or any of its subcontractors, agents or employees to comply with any of their obligations contained in this Agreement, and City shall not be liable for any acts or omissions of Consultant or any of its subcontractors, agents or employees.

15. Insurance. Consultant, 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:
(1) General Liability Coverage. Consultant 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. Consultant shall maintain automobile liability insurance in an amount not less than $1,000,000 combined single -3-
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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. Consultant 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 Consultant in connection with the performance of services under this Agreement. In the alternative, Consultant 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 Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City for loss arising from work performed by Consultant for City. (4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance in an amount not less than $1,000,000 per claim and $2,000,000 annual aggregate, covering negligent acts, errors or omissions which may be committed by Consultant 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, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, or volunteers.
(2) For any claims related to the Project, Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute with it. (3) Any failure of consultant 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, or volunteers. (4) Consultant'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.
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(5) Consultant's insurance coverage shall not be canceled except after thirty (30) days' prior written notice has been given to City by the carrier, except for cancellation for non-payment of premium whereby a 10-day notice shall apply. Consultant shall immediately give written notice to City of any suspension or reduction in coverage or limits.
(c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions exceeding $50,000 must be declared to and approved by City. At City's option, Consultant 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 AM. Best rating of no less than A:VII, unless otherwise approved by City in writing.
(e) Verification of coverage. Consultant 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 Consultant. At the request of City, Consultant shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by this Agreement.

16. 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
To Consultant Schaaf
City of Brisbane
Attn: Director of Public Works/City Engineer
50 Park Lane
Brisbane, CA 94005

17. Resolution of Disputes; Litigation Expenses and Attorneys' Fees. In the event of any dispute between the parties pertaining to this Agreement, the parties shall endeavor in good faith to resolve such dispute through mediation before the commencement of legal action by one party against the other. 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, to enforce, interpret, or seek relief from any provision or obligation arising out of this Agreement, the partis and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorney’s fees or costs from any other party or litigant, regardless of which party or litigant might prevail or be deemed a prevailing party.

18. Termination of Agreement. This Agreement may be terminated immediately by either 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 -5-
Schaaf & Wheeler Consulting Civil Engineers, Inc.
4699 Old Ironside Drive, Suite 350
Santa Clara, CA 95054
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notice to the other party. In the event this Agreement is terminated by City through no fault of Consultant, Consultant shall be compensated for all services performed to the date of termination.

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

20. Miscellaneous Provisions.
(a) Severabilitv. 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 Consultant.
(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 be 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.

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THE CITY OF BRISBANE
APPROVED AS TO FORM:

Michael Roush, Legal Counsel
Jeremy Dennis, City Manager
CONSULTANT:

Daniel Schaaf, PE
RCE #57617
.7.
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EXHIBIT A
For Task Order 25-001, attach April 8, 2025 “Proposal for Brisbane Lagoon Watershed Sea Level Rise Adaptation Plan" & Fee Proposal here. 10 of 47
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Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
1171 Homestead Rd., Ste. 255
Santa Clara, CA 95050
(408) 246-4848

PROPOSAL FOR
City of Brisbane
Brisbane Lagoon Watershed Sea Level Rise Adaptation Plan April 8, 2025
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Schaaf & Wheeler

CONSULTING CIVIL ENGINEERS
870 Market Street, Suite 1278
San Francisco, CA 94102
(408) 246-4848
April 8, 2025
Public Works Director/City Engineer
ATTN: Proposal for Brisbane Lagoon SLR Plan
50 Park Place
Brisbane, CA 94005
Subject: Proposal for Brisbane Lagoon Watershed Sea Level Rise Adaptation Plan To Whom It May Concern:

Schaaf & Wheeler is pleased to submit the enclosed proposal to provide a Brisbane Lagoon Watershed Sea Level Rise Adaptation Plan to the City of Brisbane. Our team is positioned to analyze the most recent data for sea level rise and precipitation changes to identify up to three alternative concepts to mitigate impacts in the future. We are supported by Civic Edge for community engagement and CMG for nature-based solutions.

CMG and Schaaf & Wheeler bring a strong, proven partnership grounded in successful collaboration on complex, multi-benefit resilience projects. Together, we have worked on OAAC Adapt, a multi-jurisdictional sea level rise planning effort in Oakland and Alameda; the Menlo Park SAFER Bay Project, a 3.7-mile flood protection and habitat restoration project; and more recently the OneShoreline Lower Colma Creek Planning and Design project, which integrates flood risk reduction and ecological enhancements between San Mateo Avenue and Utah Avenue. Our complementary expertise in landscape architecture and engineering enables us to deliver integrated, implementable solutions that align infrastructure performance with community and environmental goals.

Our firm has provided engineering services related to sea level rise and precipitation changes throughout the Bay Area for decades, most recently completing the Foster City Levee Improvements Project, which was fully constructed in 2024. This project provides 100-yr protection today with resilience to 3-ft of sea level rise in the future. We are also working on similar multi-disciplinary projects for the City of Menlo Park and OneShoreline. We are familiar with low-lying areas along the Bay and the challenges with freeway crossings and the operations of tide gates.

In many low-lying areas, pump stations are ultimately required once the low tides make it prohibitive to drain the lagoon by gravity. Schaaf & Wheeler has designed hundreds of pump stations along the low-lying areas of the Bay. In addition, Schaaf & Wheeler recently modeled the City storm drain system on Valley Drive for the LOMR. We understand that this project has a finite grant funded budget and have simplified the analyses, which we believe will still answer the necessary questions of future resilience to both precipitation and sea level changes without over analyzing the system.
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To: City of Brisbane April 8, 2025
Schaaf & Wheeler
Robin J. Lee, PE, CFM will be the project manager. Robin has 20 years of experience providing civil engineering services for water resources projects throughout California. She manages our nearby office in Novato. I will be the principal-in-charge. I am a vice president and an owner of Schaaf & Wheeler with more than 25 years of experience working on infrastructure to combat sea level rise as well as floodplain mapping. I manage our local San Francisco office.

Schaaf & Wheeler had reviewed the City’s RGA and acknowledges that all work specified in the RGA will be completed according to the terms of that agreement. The enclosed proposal outlines our team experience and recommended approach to the Scope of Work. We welcome the opportunity to meet with the City to discuss our proposal further. If you need additional information or have any questions, please contact Robin at (415) 271-3117 or [email protected].

Sincerely,
Schaaf & Wheeler
Daniel J. Schaaf, PE
Vice President
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Table of Contents
Schaaf & Wheeler
Table of Contents
Firm Experience and Related Work...........................................................................................1 Proposed Team Members ..........................................................................................................6 Recommended Approach ..........................................................................................................8 Fee Proposal (included separately)
Appendix: Resumes
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Firm Experience and Related Work
Schaaf & Wheeler 1
Firm Experience and Related Work
About Schaaf & Wheeler
Firm Name: Schaaf & Wheeler
Type of Organization: Corporation – Incorporated in California since 1985, in business 40 years
Primary Contact: Robin J. Lee, PE, CFM
(415) 271-3117; [email protected]
Offices: HQ: 4699 Old Ironsides Drive, Ste. 350, Santa Clara, CA 95054 870 Market Street, Ste. 1278, San Francisco, CA 94102
2200 Range Avenue, Ste. 201, Santa Rosa, CA 95403
3 Quail Run Circle, Ste. 101, Salinas, CA 93907
10232 Donner Pass Road, Ste. 4, Truckee, CA 96161
250 Bel Marin Keys Boulevard, Bldg. A, Ste. 205, Novato, CA 94949 Professional
Registrations and
Affiliations:

Certified State of California Small Business Enterprise Certification No. 40527
Schaaf & Wheeler is a civil engineering firm focused in water resources. With 40 years of commitment to solving flood control, stormwater, wastewater, potable water, and recycled water problems, Schaaf & Wheeler is recognized by public and private sector clients for its valueadded engineering. We are certified as a small business enterprise by the State of California and operate from six locations: Santa Clara, San Francisco, Santa Rosa, Salinas, Novato, and Truckee. While work will primarily be performed from our Novato and San Francisco offices, we are able to draw resources from all six offices as needed. Schaaf & Wheeler’s specialties within the water resources discipline include:
▪ Hydrology and hydraulics analyses, including site evaluations and modeling; ▪ Flood control analyses, including floodplain studies and channel design, filing of letters of map revision, and FEMA coordination;
▪ Watershed assessments, erosion and sediment control, and bioengineered channel stabilization;
▪ Water quality, including design or review of best management practices (BMPs) for stormwater treatment and hydromodification flow control facilities; ▪ Stormwater management and drainage services, including master planning, engineering, and design of urban storm drain systems and pump stations; ▪ Wastewater system master planning, engineering, and design of conveyance systems, including lift stations;
▪ Potable water system master planning, modeling, engineering; and design of supply, storage, collection and distribution systems, including tanks and booster stations; ▪ Recycled water systems planning, engineering, and design, including reclamation feasibility studies and customer retrofits;
▪ Construction management, construction site observation, construction inspection services, value engineering, construction cost analysis, and constructability reviews; and ▪ Project management, including management of subconsultants, containment of schedule and cost, and communication with clients and stakeholders. 15 of 47
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Firm Experience and Related Work
Schaaf & Wheeler 2
Project Examples
Schaaf & Wheeler has completed numerous projects similar in size and scope to the City’s proposed project. Details of those projects are outlined below, including reference information.

Client and Contact:

Hannah Lee, PE
Marin County Flood Control &
Water Conservation District
3501 Civic Center Drive, Rm 304
San Rafael, CA 94903
(415) 473-6528
[email protected]
Contract Value: $784,638
Construction Cost: N/A
Project Duration: Jan 2023 –
Present
Team Members:

PM: Robin J. Lee, PE
Staff: Daniel J. Schaaf, PE;
Justin Maynard, PE; Sandra
Carroll, EIT
Subcontractors:

WRA
Miller Pacific
Circlepoint
Marin City Comprehensive Stormwater Plan
The Marin County Flood Control & Water Conservations
District contracted Schaaf & Wheeler to complete the
Marin City Stormwater Plan, which focuses on the
drainage issues in the upper watershed and the flooding issues in the lower watershed related to high tides and climate change impacts.

Community outreach and engagement is a critical element of this project. Schaaf & Wheeler led five task force
meetings and three community meetings to ensure that
the project gathered community input and feedback. The
final community meeting was an open house style walk
through of the executive summary, which is meant to be a stand-alone document that the public can easily read and digest with numerous graphics. The plan recommends
three large capital improvement projects in the lower
watershed that should prevent flooding in the community in a 10-year storm event with climate change to midcentury for tides and precipitation.

This project is in progress, and the master planning efforts are projected for completion in June 2025.
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Firm Experience and Related Work
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Client and Contact:

Sam Yowakim
Ware Malcolm
4683 Chabot Drive, Suite 300
Pleasanton, CA 94588
(925) 480-6085
[email protected]
Project Owner:

CSHV Crocker LLC
Contract Value: $18,740
Construction Cost: N/A
Project Duration: Sep 2022 –
present
Team Members:

PM: Robin J. Lee, PE
Staff: Justin R. Maynard, PE
435 Valley Drive Zone A Study and LOMR
A portion of the 435 Valley Drive site, including the existing structure, is mapped in an area designated as a Zone A
Special Flood Hazard Area (SFHA) by FEMA. Zones A
SFHAs are subject to inundation by a 1% annual chance
of flooding but do not have an assigned base flood
elevation (BFE) since FEMA has not studied the area in
detail.

Our services included determination of the drainage areas affecting the site, hydraulic analysis of surface flows within the effective flood zone, and estimation of the capacity of the pipe system in the street usaing the City’s SWMM
model and developing a more up to date model. Our
analysis determined that flows within Valley Drive are
contained in the roadway channel, and runoff from the
street does not get diverted to the site.

Based on these findings, Schaaf & Wheeler completed the required application documents and obtained community
acknowledgement from the City of Brisbane to have the
parcel moved from Zone A to a Zone X per our hydraulic
analysis. This project is in its final stages with FEMA and should revise the maps this year.
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Firm Experience and Related Work
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Client and Contact:

Summer Bundy, San Mateo
County Flood and Sea Level Rise
Resiliency District
(650) 294-0752
[email protected]
Contract Value: $10,142,182
Construction Cost: TBD
Project Duration: April 2022 –
March 2026
Team Members:

PM: Charles D. Anderson, PE
Staff: Robin J. Lee, PE; Sandra
E. Carroll, EIT
Subconsultants:

Civic Edge
Millbrae and Burlingame Shoreline Area
Protection and Enhancement Project
The San Mateo County Flood and Sea Level Rise
Resiliency District (OneShoreline) contracted Schaaf &
Wheeler to complete the Millbrae and Burlingame
Shoreline Area Protection and Enhancement Project.

Our efforts include comprehensive programming, design,
construction document preparation, environmental
documentation, and permitting to provide flood protection and sea level rise resilience for Millbrae’s and
Burlingame’s San Francisco Bayfront between San
Francisco International Airport San Mateo. The team is
developing alternatives to achieve sea level rise resilience for a defined coastal protection area.

Our firm leads a multi-disciplinary team for this ongoing project, which recently completed a feasibility study and published a project description and Notice of Preparation for CEQA.
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Firm Experience and Related Work
Schaaf & Wheeler 5
Reference:

Laura Galli, PE
Foster City
610 Foster City Blvd.

Foster City, CA 94404
(650) 867-2280
[email protected]
Contract Value: $6,211,930
Construction Cost: $65 million
Project Duration: 2014 – 2023
Team Members:

Charles D. Anderson, PE
Caitlin J. Tharp, PE
Daniel J. Schaaf, PE
Robin J. Lee, PE
Sarah Weinberg, EIT
Foster City Levee Protection Planning and
Improvements Project
Schaaf & Wheeler has led a multi-disciplinary team that provided Foster City with the contract documents and
regulatory approvals needed to build levee improvements allowing the City to regain FEMA accreditation and provide resilience against sea level rise impacts that are likely by the end of the century.

After analyzing coastal hazards based on the FEMA
CCAMP study and calculating wave runup values to reflect future sea level rise, several flood protection alternatives were analyzed, and a project description was established for environmental analysis through CEQA.

A $90 million bond measure to completely self-fund the
improvements passed with more than 80 percent approval.

All regulatory permits were in place by the end of 2020, including unanimous approval by all BCDC
Commissioners. After a third-party constructability review, contract documents were ready for bid when a global
pandemic hit.

Undeterred, the City advertised for bids through a virtual process and pre-qualified eight contractors. On June 30, 2020, the City opened six bids ranging from $60 million to $69 million. Construction began in earnest in October
2020. Due to contract acceleration, the project was
completed in fall 2023.
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Proposed Team Members
Schaaf & Wheeler 6
Proposed Team Members
Schaaf & Wheeler has assembled a dedicated team of in-house engineers and subconsultants to complete this project, as outlined in our organization chart. A summary of key personnel qualifications and experience is included below, with education and licensing included in resumes in the Appendix.

Schaaf & Wheeler Team
Robin Lee, PE, CFM: Project Manager
Robin is a senior project manager at Schaaf & Wheeler with 20 years of experience in stormwater management, flood control, hydrology, and water quality. She has worked on numerous successful storm drainage and flood control projects throughout the Bay Area, including SDMPs for the Cities of Mill Valley and Corte Madera as well as for the Town of Ross.

Robin is currently wrapping up the final report for the Marin City Stormwater Plan that has included a significant community outreach program including five task force meetings and three community meetings. Robin worked closely with the community to gather input for the plan and the ranking of the recommendations. Robin also recently completed a LOMR application to revise a Zone A within the City of Brisbane. She has also worked closely with the City of South San Francisco, providing on-call services for almost a decade. As project manager, she will be responsible for delegating project tasks to the team while maintaining the schedule and budget.

She will meet regularly with the City as needed for project updates and to resolve any issues that arise during development.

Daniel J. Schaaf, PE: Principal-in-Charge
Dan is a vice president and an owner of Schaaf & Wheeler. He has 25 years of experience in storm drain master planning, flood control, hydrology and hydraulics, and numerical modeling.

Dan recently led the Schaaf & Wheeler team that produced channel repair designs for numerous sites in Livermore. He is currently project manager for Santa Cruz County’s Zone 5 Drainage Master Plan. Dan has performed hundreds of FEMA mapping studies throughout California. Dan will provide technical supervision and overall project oversight. He will be responsible for contract negotiation and overall technical management for the duration of the project. He will work with Robin to maintain the project schedule and budget.

Principal-in-Charge
Daniel J. Schaaf, PE
Project Manager
Robin J. Lee, PE
Project Engineer
Justin Maynard, PE
Assistant Engineer
Sarah Weinberg, EIT
Outreach
Civic Edge
Landscape Architecture
CMG
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Proposed Team Members
Schaaf & Wheeler 7
Justin Maynard, PE: Project Engineer
Justin is a senior engineer at Schaaf & Wheeler with 10 years of experience conducting storm drainage system modeling, wave and wave runup analyses, cost estimating, and design of capital improvements. He has conducted hydrologic and open-channel hydraulic modeling and analysis with HEC-RAS and HMS. Justin has completed topographic surveying, restoration monitoring, and field investigations for stream, floodplain, and habitat restoration projects. He has also worked on climate change stochastic modeling. He has completed wave transect analyses along the Bayfront in Millbrae, Burlingame, San Mateo, Foster City, and Redwood City. He will support Robin with day-to-day engineering.

Sarah Weinberg, EIT: Assistant Engineer
Sarah is an assistant engineer at Schaaf & Wheeler with three years of experience providing engineering services. She has completed several no-rise hydraulic analyses with HEC-RAS and corresponding FEMA permits for public agency projects for the cities of Napa, Morgan Hill, and Rocklin. Sarah regularly uses HEC-RAS, Civil 3D, and ArcGIS together to create hydraulic analyses in HEC-RAS and show results either in ArcGIS or Civil 3D. She is also skilled in using HEC-HMS for hydrologic analyses to be incorporated into hydraulic modeling. She will support Robin with day-to-day engineering.

About Our Subconsultants
Outreach
Founded in 2003, Civic Edge (CEC) is a WBE/SBE/LBE/DBE-certified firm providing innovative strategic communications, authentic outreach and community engagement, and responsive public relations CEC has led engagement and strategic communications for major resilience and transportation planning projects in San Francisco and throughout the Bay Area for over 20 years for clients including the Port of San Francisco, San Francisco Metropolitan Transportation Agency, San Francisco County Transportation Authority, San Mateo County Flood and Sea Level Rise Resiliency District (OneShoreline), Caltrain, and many others. Civic Edge and Schaaf & Wheeler currently work together on the OneShoreline Millbrae and Burlingame Shoreline Resilience Project.

Landscape Architecture
CMG Landscape Architecture is a design studio that integrates landscape architecture, urban design, and planning to increase social and ecological wellbeing. Their practice is focused on the health and vibrancy of the Bay Area. Sustainability through climate change mitigation, urban resiliency and ecology, strategies for sea level rise, drought-tolerant landscapes, habitat creation, and carbon sequestration initiatives shape their approach. Each project is distinct and designed to include, support, and sustain a specific place and community. CMG and Schaaf & Wheeler bring a strong, proven partnership grounded in successful collaboration on complex, multibenefit resilience projects, including most recently the OneShoreline Lower Colma Creek Planning and Design project, which integrates flood risk reduction and ecological enhancements between San Mateo Avenue and Utah Avenue.
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Recommended Approach
Schaaf & Wheeler 8
Recommended Approach
In order to conduct all of the outreach and attend the community meetings within the grant budget, Schaaf & Wheeler’s recommends simplifying the analysis using a hydrologic model that balances the volume of the lagoon with the runoff draining into the lagoon and the tidal boundary conditions. Schaaf & Wheeler will develop the engineering solutions to shoreline protection and management of the City’s lagoon. These typical “grey” solutions will then be adapted by CMG with nature-based strategies that improve resilience to flood risk while optimizing co-benefits such as improved public access, recreational opportunities, and enhanced ecological function.

Civic Edge will work closely with the City’s community outreach team to engage stakeholder input to ensure they are implementable and responsive to community needs. Grounding decisions in inclusive engagement helps ensure that the final plan reflects shared priorities, is equitable and financially feasible, and gains long-term public support.

Task 1: Existing Conditions
Schaaf & Wheeler will review existing drainage system information in the area proximate to the Brisbane Lagoon that could potentially be impacted by sea level rise. Record drawings of Caltrans drainage facilities that connect to Brisbane Lagoon will be requested from Caltrans.

The drainage area to the lagoon, Caltrans facilities, and low-lying areas draining to the lagoon will be summarized in a map that will be used at the kickoff meeting to discuss project goals. It should be noted that the area to the east of Highway 101 is not included in this study since it does not drain into the Brisbane Lagoon.

San Francisco Waterfront Resilience Program / USACE Flood Study 22 of 47
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Recommended Approach
Schaaf & Wheeler 9
Task Deliverables
▪ Map of existing drainage facilities, Caltrans, and low-lying areas ▪ Summary of existing conditions
Task 2: Analysis
While the RFP states modeling will use the City’s XPSWMM model, Schaaf & Wheeler recommends that this project use a simple hydrologic model such as HEC-HMS since the watershed to the Brisbane Lagoon is a water balance between the runoff draining into the lagoon, the culvert under the freeway draining the lagoon to the Bay, and the tide cycle. There is no need to model all the upstream pipes that will attenuate the flow. Using HEC-HMS will be conservative since the assumption is that the runoff from the drainage area to the lagoon will all make it to the lagoon. It should be noted that the Baylands proposed development does not drain into the lagoon (see figure below). However, there are a total of three culverts under highway 101 (one of which drains the lagoon) that will need to be looked at as shoreline protection strategies are recommended to make sure that the interior drainage system is designed to account for shoreline protection. This process reduces the overall modeling effort that allows for all the public outreach and meetings requested in the RFP.

Approximate Brisbane Lagoon Watershed (left) Culverts Under 101 (right) Schaaf & Wheeler will use the readily available data from Cal-Adapt to recommend the expected changes in extreme precipitation events. The 10-year and 100-year events will be evaluated for both the Representative Concentration Pathway (RCP) 4.5 and RCP 8.5 scenarios for the year 2100. Two analysis rainfall distributions will be developed for each recurrence interval in order to provide a basis for short-term and long-term planning.

Ultimately, Schaaf & Wheeler will identify and recommend four evaluation tide scenarios for flood modeling using Cal-Adapt data. The scenarios will be developed to consider short-term and long-term planning for medium and maximum flood scenarios.

Schaaf & Wheeler will apply the four climate scenarios to the HEC-HMS model for the existing and future developed watersheds. Locations susceptible to sea level rise impacts will be identified by comparing the water surface elevation in the lagoon to low-lying areas. 23 of 47
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Recommended Approach
Schaaf & Wheeler 10
Schaaf & Wheeler will use the 100-year RCP 8.5 precipitation scenario and the long-term medium and maximum flood scenarios to develop and evaluate up to three alternatives for adaptation to the potential impacts of sea level rise. One alternative that is expected to be studied will involve gate systems on the San Francisco Bay side of US 101 culverts that connect to Brisbane Lagoon to enhance the ability to manage the lagoon water surface elevations.

Pumps determined to be necessary will be included in the alternatives analysis in order to meet sea level rise adaptation objectives.

CMG will identify and illustrate nature-based strategies at the conceptual level for each of the three engineering alternatives developed by Schaaf & Wheeler. CMG will focus on integrating ecological and landscape-based measures that enhance shoreline resilience while supporting the surrounding natural systems. Potential strategies may include salt marsh restoration, oyster reefs, horizontal living levees, eelgrass beds, and upland vegetation to improve ecological function and habitat continuity. CMG will prepare conceptual graphics to clearly communicate each alternative’s approach and the role of nature-based features. These graphics will be used to support the public outreach process in later tasks, helping to make technical adaptation strategies more accessible and understandable to the broader community.

OAAC Adapt Conceptual Stormwater Detention Basin Locations CMG and Schaaf & Wheeler will work together to develop probable costs for each of the three alternatives.

Task Deliverables
▪ Model scenarios to evaluate potential impacts of sea level rise ▪ Model scenarios to evaluate adaptation alternatives
▪ Study of potential nature-based solutions
▪ Alternative layouts and concept-level opinions of probable cost 24 of 47
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Recommended Approach
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Task 3: Public Outreach
Subconsultant Civic Edge will lead the public outreach with graphic support from CMG. Civic Edge will work directly with the City's Communication Department to facilitate community and stakeholder involvement throughout the planning process.

Upon receipt of the grant award, Civic Edge will work with the City’s Communication Department to draft an approved central messaging document and recommendations for design. This task assumes build out of webpage will be executed by the City with no more than quarterly updates. Civic Edge will draft Eventbrite pages for promotion of events.

Civic Edge recommends using existing community organization meetings as a platform for presenting project. Though the following meetings are included within the scope, upon award of the project, our team would like to discuss the number of meetings as well as the types of meetings with the City:

1. One Town Hall meeting (completion of analysis) (in-person)

2. Participate in up to 10 virtual meetings (preview draft plan) (virtual)

3. One in-person meeting (review draft plan) (in-person)

4. One in-person meeting (present final plan) (in-person) Civic Edge and the City's Communication Department will incorporate opportunities for virtual meetings to solicit feedback from community members, in addition to the three in-person meetings. Engagement meetings will be held at times that are optimally convenient for members of the public to attend or by joining existing meetings that are for already established community groups. The image below shows the weighting factors from the Marin City community used to prioritize their flood mitigation concepts.

Marin City Stormwater Plan Community Weighting
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Recommended Approach
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Civic Edge and City's Communication Department will hold public meetings to present findings upon completion of the analysis, after publication of the draft plan, and after the adoption of the final plan, with options to participate virtually and to watch the meetings and provide input asynchronously. Upon request, the City will provide translation services for the same languages as provided for San Mateo County elections: Tagalog, Chinese, and Spanish.

The goal of this task is for Schaaf & Wheeler and CMG to convey the messages and plan information to the City so that they can continue the presentations and dissemination of information on to the community.

Task Deliverables
▪ Issuance of a press release promoting the grant award via social media to inform stakeholders of the upcoming planning process
▪ Development of a project-specific web page content to inform the community of events ▪ Provision of quarterly social media updates on the planning process and project-specific meetings
▪ Public meeting announcements, materials, contact lists, and summary of comments, as applicable
Task 4: Advisory Committee Meetings
To facilitate successful engagement with community members and stakeholders, the City will form a Project Advisory Committee (PAC) which will include representatives from project stakeholders. The PAC will review comments received from the public. The PAC will provide feedback on the planning process and guide implementation of the proposed activities. Public agencies that will be invited to participate include Caltrans, OneShoreline, Coltrain, the High Speed Rail Authority, San Mateo County Department of Emergency Management, BCDC, and the Sierra Point Owners Association. Other agencies/private entities owning parcels adjacent to the bay, as well as the local Ohlone Native American tribe, will also be invited to participate.

It is recommended to hold meetings at milestones rather than monthly and to host meetings virtually due to budget constraints. It is assumed that the City will take the lead on organizing the meetings and Schaaf & Wheeler and CMG will prepare the agendas and meeting notes. 26 of 47
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Recommended Approach
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Yerba Buena Island Habitat Management Plan
Task Deliverables
▪ Agendas, meeting notes, list of attendees, list of action items from virtual PAC meetings Task 5: Draft and Final Plan
Schaaf & Wheeler and CMG will prepare a draft report that documents the work performed in Tasks 2, 3, and 4. Feedback received during Tasks 3 and 4 will be strongly weighed, and the PAC will be engaged in conversations with the Schaaf & Wheeler team regarding the selection of a preferred alternative that best meets the public's expressed desires while addressing the underlying hydrological challenges associated with climate change. The draft report will be provided for public feedback. Once the public comment period on the draft report closes, the the Schaaf & Wheeler team will address one set on consolidated comments on the draft plan and prepare a final report.

Task Deliverables
▪ Draft Brisbane Lagoon Watershed Sea Level Rise Adaptation Plan ▪ Responses to comments
▪ Final Brisbane Lagoon Watershed Sea Level Rise Adaptation Plan 27 of 47
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Recommended Approach
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Task 6: Board Review/ Approval
The Brisbane City Council will consider the Brisbane Lagoon Watershed Sea Level Rise Adaptation Plan for adoption once the final plan has been developed. The final plan will be in an accessible format and will acknowledge the funding from this Caltrans grant within the plan. This acknowledgement may come in the form of an acknowledgement page within the plan.

Task Deliverables
▪ Agenda item and meeting notes from public presentation and discussion at Council meeting
▪ Final plan submitted to Caltrans
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Appendix: Resumes
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Appendix: Resumes
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Resumes
Schaaf & Wheeler
Robin J. Lee, PE, CFM has 20 years of experience in water resource engineering from planning all the way through detailed design. Robin has worked on single-event modeling related to flooding issues to holistic design event modeling related to master planning. Robin’s experience includes modeling and design of storm water and sewer systems, drainage systems, hydrology and hydraulics, water quality, and FEMA applications. Robin serves as the project manager for the Foster City on-call, where Schaaf & Wheeler assists the City with plan checks for wet utility design and hydrology studies.

Robin has been assisting both private and public clients navigate FEMA maps, applications, and modeling efforts to better understand flood threats. Robin has prepared LOMR applications and peerreviewed applications for cities and counties.

Robin is well-versed in stormwater regulations, from NPDES to local regulations. She has worked primarily on stormwater treatment, trash capture, and green infrastructure requirements by writing feasibility studies and designing trash capture systems. Robin also provides Third Party Reviews for Stormwater Management Plans for development projects throughout the Bay Area to assist City staff to ensure that the development meets the requirements of the San Francisco Bay Municipal Regional Permit.

Selected Project Experience
Hydrology and Hydraulics
Comprehensive Stormwater
Plan
Marin City
Storm Drain Master Plan
Town of Corte Madera
Storm Drain Master Plan
Town of Ross
Zone 5 Storm Drain Master
Plan and Financial Study
Santa Cruz County
Citywide Flood Control and
Stormdrainage Master Plan
City of Mill Valley
Santa Clara Storm Drain
Master Plan
City of Santa Clara
Hydrologic & Hydraulic Model
for Zone 7 Watershed
Zone 7 Water Agency
Moraga Storm Drain Master
Plan
Town of Moraga
Storm Drain Maintenance
and Rehabilitation Plan
City of Ukiah
Great Oaks iStar
Development HMP and LID
Sizing
Ruth and Going, Inc
Communications Hill
Development Detention and
Stormwater Treatment
Analyses
HMH Engineers
Development Review and
Management
Third Party C3 SWMP
Reviews and Inspections
Various Clients
On-call Development Review
and Construction Review
Foster City
Foster City Water, Sewer,
and Storm Drain Standard
Detail Updates
City of Foster City
Robin J. Lee, PE
Senior Project
Manager
Education
MS, Civil and Environmental
Engineering, UC Berkeley
BS, Civil and Environmental
Engineering, UC Los
Angeles
Licenses
Registered Civil Engineer
California C70040
Washington C43587
CFM, US-23-12881
Affiliations
American Society of Civil
Engineers (ASCE)
World Water Corps
Volunteer, Bolivia
Software
HEC-HMS, EPANET, HECRAS, SWMM, InfoSWMM,
GIS, ArcPro, HY-8, BAHM
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Resume
s
Schaaf & Wheeler
Floodplain Management/Sea
Level Rise
Zone D Flood Memos
Various School Districts
Zone A Flood Studies and
FEMA Applications
Various Clients
Singleton Road Bridge
Impact Analysis
Valley Water
Site Development, Flood
Plain Study, and FEMA
Applications
Various Clients
West Little Llagas Creek
LOMR
Morgan Hill
South Flea Market Floodplain
Analysis and LOMR
City of San Jose
Summerhill Homes Adrian
Court Flood Analysis and
FEMA Applications
Burlingame
Foster City Levee
Improvements
City of Foster City
SFO Shoreline Protection
Study
Moffet & Nichol
San Bruno/Colma Creek
Resiliency Study
Coastal Conservancy and
SFO
Foster City Lagoon Re-
Evaluation of Base Flood
Elevation
City of Foster City
San Mateo Creek Capacity
Evaluation
City of San Mateo
Water Quality/Environmental
Physical Stream Channel
Assessment
County of Puyallup
Mount Vernon NPDES Phase
II Stormwater Program
Development and
Implementation
City of Mount Vernon
Lake Whatcom Tributary
Monitoring
Whatcom County
Greater Los Angeles County
Integrated Regional Water
Management Plan
Los Angeles County
Wastewater Systems
Five-Year Capital
Improvement Plan
City of Mill Valley
CCTV and Design Services
for Sewer Improvements
City of Mill Valley
Trash Capture
Caltrans Large-Scale Trash
Capture Feasibility
City of Sunnyvale
Large Full Trash Capture
Device Feasibility Project
Marin County Flood Control
and Water Conservation
District
Large-Scale Trash Capture
Feasibility for Caltrans
Funding
County of San Mateo
Trash Capture Feasibility
Study and Design
Mendocino County
100% Trash Capture Plan
City of San Bruno
100% Trash Capture Plan
City of South San Francisco
NPDES Trash Capture
Feasibility Study
City of San Bruno
NPDES Trash Capture
Feasibility Study
City of South San Francisco
Small Trash Capture Device
Installation, Design, and
Management
City of South San Francisco
Small Trash Capture Device
Installation, Design, and
Management
City of San Bruno
Green Infrastructure
Hillcrest Park Regional Green
Infrastructure and Trash
Capture
City of Concord
Green Infastructure Plan
City of South San Francisco
Green Infastructure Plan
City of San Bruno
Low-Impact Development
Design and Drainage Report
for Sebastapol Multi-Lot
Development
Atlas Civil Design
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Resumes
Schaaf & Wheeler
Daniel J. Schaaf, PE has over 25 years of project experience encompassing the areas of flood control and drainage, surface water hydrology, and physical and numerical modeling. Dan has managed several large hydrology/hydraulics, flood control, and drainage projects.

He is skilled in open-channel hydraulics, coastal and estuary processes, 1D and 2D modeling, urban hydrology, floodplain mapping, and storm drain master planning. He is currently working on implementing modeling projects that integrate pipe and surface flows using sophisticated 2D modeling software. He has performed several FEMA Flood Insurance Studies and Letters of Map Revisions for clients throughout California, Utah, and Arizona.

Selected Project Experience
Planning and Design
Storm Drain Master Plan
Update
City of San Mateo
Storm Drain Master Plan
City of San Leandro
Storm Drain Master Plan
Marin City
Storm Drain Master Plan
Santa Cruz County Zone 5
Storm Drain Master Plan
City of Seaside
Storm Drain Master Plan
City of Livermore
Storm Drain Master Plan
City of Carmel
Storm Drain Master Plan
City of Larkspur
Storm Drain Master Plan
City of Cupertino
Citywide Flood Control and
Storm Drainage Master Plan
City of Mill Valley
Los Gamos Drainage Study
City of San Rafael
Hermosa Beach Storm Drain
Master Plan
City of Hermosa Beach
Marin City Drainage Gaging
Marin County Flood Control
and Water Conservation
District
O’Connor Pump Station
Improvement Feasibility
Study
City of East Palo Alto
Stormwater Master Plan
City of Mountain View
Alameda Point Storm Drain
Review
Alameda Point Partners, LLC
Half Moon Bay Stormwater
Master Plan & Kehoe Ditch
Hydraulic Analysis
City of Half Moon Bay
Cove Stormwater Pump
Station Evaluation
County of Marin
Stormwater Master Plan
City of Palo Alto
Storm Drain Master Plan
City of Orinda
Storm Drain Master Plan
Town of Moraga
Storm Water Conveyance
Program
Town of Woodside
Storm Drain Master Plan
City of Palo Alto
Education
BSCE, San Jose State
University
MSCE (Water Resource
Engineering), San Jose
State University
Licenses
Registered Civil Engineer,
California C57617, Arizona
82401, Utah 14191892-2202
Affiliations
American Society of Civil
Engineers
Floodplain Management
Association
Software
GeoHEC-HMS, GeoHECRAS, Flo-2D, MIKE+, MIKE
11, MIKE 21, MIKE-URBAN,
EPA SWMM, InfoSWMM,
XP-SWMM, InfoWorks ICM,
QUAL2E, RMA-2, RMA-10,
EPA-Net, ArcPro, Spatial
Analyst, 3D Analyst,
AutoCAD, BAHM
Daniel J.Schaaf, PE
Vice President
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Resume
s
Schaaf & Wheeler
Industrial Road
Neighborhood Drainage
Study
City of San Carlos
Stormwater Facility
Prioritized Repair/
Replacement Program
Town of Woodside
Storm Drain Master Plan
City of East Palo Alto
North Bayshore Storm Drain
Master Plan
City of Mountain View
North San Jose Drainage
Master Plan
City of San Jose
Stormwater Master Plan
City of Los Altos
Stormwater Master Plan
County of Santa Cruz
El Charro Specific Plan
Channel Design
City of Livermore
Northside Pump Station
Design
City of Alameda, Public
Works Department
Storm Drain Master Plan and
Sea Level Rise Study
City of Alameda
Storm Drain Master Plan
City of Paso Robles
Program Management for
Storm Drain CIP
City of Belmont Public Works
Hydrology and Hydraulics
Diridon Station Flood Design
Peninsula Joint Powers
Board
Napa County Bridge
Replacement Scour Analyses
County of Napa
BART to Silicon Valley II
500-year Design
Valley Transportation
Authority
King City Golf Course
January 2023 Flood
Mitigation
City of King City
January 2024 Storm Damage
Repairs
City of Livermore
East Fork San Luis Obispo
Creek Hydrology and
Hydraulics Study
County of San Luis Obispo
Bear Gulch Reservoir PMF
Study
California Water Service
Company
Dam Failure Studies
Alameda County Water
District
Laurel Dam Failure
Inundation Study
City of San Mateo
City of Fremont Old Canyon
Road Bridge Scour Analyses
City of Fremont
Saratoga Creek Bike Path
Hydraulics
Mark Thomas & Associates
Old Carmel River Dam
Removal LOMR
Granite Construction
Woodside Water Tank
Failure Analysis
California Water Service
Company
Cove Pump Station Hydraulic
Study (Tiburon)
Marin County Public Works
Alameda Sea Level Rise
Study
City of Alameda
San Francisco Airport Sea
Level Rise Study
Moffatt & Nichol
Hydrologic & Hydraulic Model
for Zone 7 Watershed
Zone 7 Water Agency
Floodplain Management
El Charro LOMR
City of Livermore
Colma Creek LOMR
City of South San Francisco
Monterey County Flood
Insurance Study Peer Review
City of Gonzales and City of
Soledad
Laguna Water Treatment
Interior Flood Study
City of Santa Rosa
Laguna Water Treatment
Flood Protection Study
City of Santa Rosa
2017 Storm Damage Repairs
Project
City of Livermore
Napa River LOMR (Oakville)
Napa County Public Works
Emergency Flood Control
Strategy
City of Livermore
Livermore Airport Flood
Protection Planning
City of Livermore
Dam Break Analyses and
Inundation Mapping for Little
Grass Valley, Sly Creek, and
Lost Creek Dams
South Feather Water Agency
Bear Gulch Station 46 Tank
Failure Inundation Study
California Water Resource
Company
Silicon Valley BART
Extension Floodplain Study
Valley Transit Authority
San Tomas Aquino Flood
Study
Santa Clara Valley Water
District
Flood Analysis and Bayfront
Levee Wave Analysis
City of San Mateo
Arroyo Las Positas and
Arroyo Mocho CLOMR
City of Livermore
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Schaaf & Wheeler
Justin Maynard, PE has more than 10 years of experience in flood protection, storm drain modeling, HEC-HMS and HEC-RAS model development, FEMA letter of map change analysis, and pump station design.

Selected Project Experience
Stormwater Systems and
Analysis
Zone 5 Storm Drain Master
Plan Update
Santa Cruz County, CA
Ravenswood Business
Development Stormwater
Improvement Analysis
East Palo Alto, CA
Communication Hill Phase 3-
4 Stormwater Pond Redesign
San Jose, CA
Burlingame Lagoon Drainage
Area Modeling and Capital
Improvements
City of Burlingame
Villa Grande Stormwater
System Modeling and
Planning
Sonoma County
Cemex Eliot Plant Drainage
Modeling & Design
City of Pleasanton
VA Southern Oregon
Rehabilitation Center and
Clinics MS4 Master
Plan/Wetpond Design
VA, White City, OR
SR 432/SR 411 Intersection
Improvements Stormwater
Design
City of Longview
SR 502/SR 503 Intersection
Improvements Stormwater
Design
City of Battleground
Lexington Elementary School
Storm System and Pump
Station Design
Kelso School District
Multnomah County Vance
Property Stormwater Master
Planning
Gresham, OR
Storm Drain Master Plan
City of Cupertino
Matadero Creek Pump
Station and Storm Drain
Improvements and Trash
Capture Design
City of Palo Alto
Mountain View Trash Boom
Feasibility Study/Design
City of Mountain View
Livermore Trash Capture
Feasibility Study and Capital
Improvement Plan
City of Livermore
San Mateo Residential Flood
Modeling
City of San Mateo
Coyote Point/Poplar Ave
Pump Station Capacity
Analysis and Floodplain
Modeling
City of San Mateo
City of Soledad Storm Drain
Master Plan
City of Soledad
City of South San Francisco
Forensic Flooding Analysis
City of South San Francisco
City of Santa Clara Storm
Drain Master Plan
City of Santa Clara
Various NPDES C.3 Reviews
Base Flood Elevation
Delineation, Foster City
Central Lagoon
City of Foster City
Hydrology and Hydraulics
Santa Ana River Floodplain
Development Modeling
Corona, CA
San Felipe Lake-Soap Lake
Area 2D Floodplain Analysis
San Benito County, CA
Education
BS, Civil and
Environmental
Engineering, UCLA
MS, Environmental Fluid
Mechanics and Hydrology,
Stanford University
Licenses
Registered PE (Civil)
California #85653
Washington #56080
Oregon #93798
Affiliations
ASCE
Justin Maynard, PE
Senior Engineer
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Resumes
Schaaf & Wheeler
Cowan Pump Station, Mills
Creek, and El Portal Creek
System 1-D/2D Stormwater
Model
Burlingame, CA
OneShoreline Shoreline
Protection Project
City of Millbrae and
Burlingame
Slinkard Creek Fish Passage
Barrier
Mono County, CA
Gaviota Creek Restoration
Calibrated Hydrology, 2D
Modeling, and Bank Stability
Analysis
CalTrans, Gaviota, CA
Arroyo Seco Fish Passage,
Screening, and Diversion
Model
Monterey County, CA
Big & Little Creek Calibrated
Hydrology and 2D Hydraulic
Modeling
USFS – Knappa, OR
Halo Ranch Mitigation Bank
Tidal Restoration Modeling &
Design
RES, Petaluma, CA
Romero Canyon Water
Diversion Modeling & Design
Montecito, CA
Bean Hollow Reservoir
System Continuous
Hydrology Modeling and
Water Supply Analysis
San Mateo County, CA
Arroyo Grande 2D Floodplain
Modeling
San Luis Obispo County, CA
Burlingame Creek Survey
and Hydraulic Modeling
Gresham, OR
Coweeman River 2D
Floodplain and Restoration
Design Modeling
Cowlitz County, WA
Walla Walla High School
New Pedestrian Bridge Scour
Analysis
Walla Walla, WA
Asbury Creek Crossing
Replacement
ODOT, Arch Cape, OR
Lexington Elementary School
Downstream Analysis of
McCorkle Creek, Dam, and
Pump Station
Kelso School District
South Umpqua River No-Rise
Analysis For Kerr
Construction Project
Roseburg, OR
Baker Creek Hydrology
Analysis
Friends of Baker Creek,
McMinnville, OR
Finnegan Creek Bridge
Hydrology and Scour
Analysis
Oregon Transportation
Professionals, Sherman
County, OR
West 10th Street Fish
Passage Crossing Analysis
and Design
Private Client
Downstream HEC-RAS 2D
Analysis and Pump Station
Design for a new Vet Clinic in
St Helens, OR
Private Client
Deer Island/Novato Creek 2D
Tidal/Flood Modeling
Marin County
Anderson Dam Interim
Stochastic Reliability Analysis
Santa Clara Valley Water
District
Dublin Crossing Flood Study
and CLOMR
Ruggeri-Jensen-Azar/City of
Dublin
Moffett Gateway
Development Flood Study
City of Mountain View
Christopher Ranch Flood
Study
Gilroy, CA
Enterprise Storm Basin Letter
of Map Revision
Gilroy, CA
Foster City Levee Deficiency
and Wave Runup Analyses
City of Foster City
Coyote Point Levee
Overtopping Analysis and 2D
Floodplain Mapping
City of San Mateo
Anderson Dam Seismic
Retrofit Dewatering Plan
Santa Clara Valley Water
District
Dam Failure Inundation
Studies, Butte/Plumas
County
South Feather Water and
Power Company
Upper Llagas Creek Flood
Protection Project
RMC Water &
Environment/Santa Clara
Valley Water District
Hydrologic Model
Development
Zone 7 Water Agency
Stream Restoration/
Stabilization
Johnson Creek Restoration
Concepts (Hogan to Regner)
Gresham, OR
Romero Canyon Bridge
Replacement & Stream
Restoration
Montecito, CA
Nechacokee Creek Stream
Stabilization & Sanitary
Sewer Repair
Gresham, OR
Sahara Mobile
Village/Stevens Creek Bank
Stabilization Modeling
Mountain View, CA
Marin County Nicasio Creek
Bank Stabilization Survey,
Modeling, & Design
Marin County, CA
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Schaaf & Wheeler
Sarah Weinberg has three years of experience providing engineering services. She has completed several no-rise hydraulic analyses with HEC-RAS and corresponding FEMA permits for public agency projects for the cities of Napa, Morgan Hill, and Rocklin.

Sarah regularly uses HEC-RAS, Civil 3D, and ArcGIS together to create hydraulic analyses in HEC-RAS and show results either in ArcGIS or Civil 3D. She is also skilled in using HEC-HMS for hydrologic analyses to be incorporated into hydraulic modeling.

Sarah has completed several trash capture projects, including for the cities of South San Francisco, Ukiah, and Gilroy.

Selected Project Experience
Royal Oaks Village: No-Rise
Hydraulic Analysis and
LOMR
City of Morgan Hill
West Oaks Bridge: No-Rise
Hydraulic Analysis and
CLOMR
City of Rocklin
Alta Winery: No-Rise
Hydraulic Analysis
City of Napa
BART Extension Hydraulic
Analysis for Diridon Station
City of San Jose
Cottonwood Creek Repairs:

Hydraulic Analysis and Plan
Sets
City of Livermore
Anderson Dam: Dam Risk
Analysis with Matlab
City of Morgan Hill
Trash Capture Analysis
City of San Francisco
Trash Capture Analysis
City of Ukiah
Trash Capture Analysis
City of Gilroy
Creek Restoration and Bridge
Design Support
Google, Inc.

Half Moon Bay: Storm Drain
Master Plan Updates
City of Half Moon Bay
Fontanesi Expansion:

Hydrologic Analysis of Onsite
Drainage
City of Henderson
Sarah Weinberg, EIT
Assistant Engineer
Education
BSCE, Civil Engineering,
Cornell University, Ithaca,
NY
Licenses
Engineer in Training
Software
AutoCAD, AutoCAD Civil 3D,
AutoTurn, , HEC-RAS, HECHMS, ArcGIS, MATLAB
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Violetta
Muselli (she/her)
Senior Director
Violetta is a confident communicator and strategist with over 15 years of experience. At Civic Edge she merges her communications and engagement know-how with her
passion for climate change resilience and equitable urban planning by leading engagement and outreach efforts for multi-year resilience planning efforts around the Bay Area.

Her diverse experience includes managing and growing a
thriving hospitality business in San Francisco, coordinating cross-functional projects at Lyft, and implementing
communications and engagement strategy for a socialimpact nonprofit and for international clients while living abroad. She is skilled at creating structure from ambiguity, distilling information for target audiences, and building consensus. Violetta also brings extensive event production experience and a deep understanding of San Francisco’s small business community. She is driven by a desire to solve problems and keep her project teams organized to deliver results for her clients and the communities they serve. A native San Franciscan, Violetta spends her free time swimming in the chilly SF Bay, urban hiking, and cooking.

Project Experience
OneShoreline, Millbrae and Burlingame Shoreline Resilience Project, San Mateo County, CA (Community Engagement Lead), 2024-Current
Leads engagement and outreach strategy and coordinates the implementation of community meetings and other engagement tactics including walking tours and intercept surveys for multiyear resilience planning project to protect against sea level rise along the Millbrae and Burlingame shoreline.

Caltrain, Caltrain Climate Change Vulnerability Study (Community Engagement Lead), 2024- Current
Leads equity-based engagement and outreach strategy including coordination with community based organization leadership for climate vulnerability study to understand current and future impacts of climate change to Caltrain riders and infrastructure. 37 of 47
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Bay Area Clean Water Agencies, Ongoing Strategic Communications (Communications Lead) 2023-Current
Provides ongoing strategic communications support and implements earned media strategy including managing press relationships for the joint power’s authority representing the Bay Area’s wastewater treatment providers. Led redesign of www.baywise.org focused on pollution prevention.

San Francisco Department of Emergency Management, Communications and Website Redesign, SF, CA (Content Manager), 2023-Current
Leads content creation and editing for department’s emergency preparedness program rebrand to ReadySF.gov including core messaging and website redesign.

San Francisco International Airport, Marketing and Communications (Media Planning Lead) 2023-Current
Leads coordination of planning and implementation for media strategy including SEM, radio, display/programmatic, paid social, and OTT/CTV for multiple airport business units.

Port of San Francisco, Waterfront Resilience Program (Project Manager for Community Engagement), 2020-2024
Led collaboration between the community engagement, technical, and agency teams during development of the San Francisco Waterfront Flood Study – Draft Plan, including conceptualizing and implementing multi-lingual strategies for public outreach and feedback and developing engagement materials. The Draft Plan reflects more than six years of community engagement and public input and aims to defend San Francisco’s shoreline from Aquatic Park to Heron’s Head Park against rising sea levels.

Santa Clara Valley Open Space Authority, Coyote Valley Conservation Areas Master Plan (Project Manager for Community Engagement), 2022-2024
Led development and implementation of a robust, equity-centered community engagement plan to incorporate public feedback into the multi-year master planning effort to connect 1.13 million acres of core habitat in the Santa Clara County mountain ranges and safeguard the region’s biodiversity.

Devised engagement and outreach strategy, implemented equity-centered engagement including in-language workshops in Spanish and Vietnamese and outreach to youth and older adults through community based organization partnerships and facilitated reporting to guide decision making.

Years of Experience | 15+
Years with firm | 4
Education | BA Environmental Studies, Minor Writing for Business Communication, University of California, Santa Barbara
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Amber
Shipley (she/her)
Managing Partner
After nearly a decade of work on Capitol Hill and
with nonprofit organizations across the country,
Amber Shipley moved to San Francisco to live the
west coast dream. She brings a keen understanding
of how to advance her clients’ public policy and
communications goals and excels at designing and
implementing strategic initiatives across a diverse
array of issue areas. Amber is a big-picture thinker
with a wicked attention to detail and passion for
providing the best possible service to our civic sector clients. She has a unique ability to take the messiest situations and make people and projects shine. In addition to her love for politics, Amber is an avid gardener and loves brewing (and drinking!) beer.

Project Experience
San Francisco Department of Public Health Living Proof SF Campaign, Project Lead January - December 2024
In 2024, Amber served as the consultant lead for Civic Edge’s work with the San Francisco Department of Public Health on their Living Proof SF campaign to increase public awareness about treatments for opioid use disorder. Amber’s work included overseeing the campaign’s creative development, working collaboratively with the client on campaign dissemination strategy, and ensuring all aspects of the campaign’s implementation met key performance indicators and overarching goals.

Port of San Francisco Waterfront Resilience Program, Community Engagement Lead September 2017 - April 2024
From 2017 through 2024, Amber served as the consultant team’s community engagement lead for the Port of San Francisco Waterfront Resilience Program. As the lead, Amber was responsible for overseeing a team of dozens of consultants to develop the communications strategy for the project, oversee the development of print and digital 39 of 47
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2 communications, develop an outreach strategy and coordinate all aspects of the project to be in-language and culturally competent for all San Francisco residents.

Association of Bay Area Governments Housing Methodology Committee, Facilitation Lead
August 2019 - September 2020
Starting in 2019, Amber provided strategic and logistical support to help more than 40 elected officials and key constituents selected to serve on the Housing Methodology Committee (HMC) determine an equitable means of distributing the state's Regional Housing Needs Assessment (RHNA) throughout the nine-county Bay Area. Amber led the Civic Edge team in creating a framework for the HMC to build consensus and make decisions about this difficult topic, developing agendas to move them through very challenging, technical topics, and taking detailed notes that were made public within a week of each meeting. Amber also facilitated each of the twelve meetings, helping HMC members dive into resources and hash out differences, before coming together in a final vote of approval in their final meeting. It's worth noting that while the meetings began in person, the onset of Covid meant that more than half of the meetings were conducted via Zoom.

Years of Experience | 20+
Years with firm | 11
Education | BA Politics, Whitman College
MA Women’s and Gender Studies, Rutgers, The State University of New Jersey MA Public Policy, University of Minnesota
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Chris Guillard PLA
Partner
Chris has 30 years of experience and is a founding partner of CMG Landscape Architecture, a leading designer, and a passionate advocate for urban public spaces and access
to nature. He is known for his intersectional approach to design through the lens of social and ecological vitality. Chris works with cities, community advocates, and landowners
to co-create, design, and keep places that are inviting and enduring.

His work spans a spectrum from open space planning, to parks, civic spaces, public engagement, and resilient landscapes. Chris’s leadership of complex, creative, and collaborative projects is exemplified by his work on the public realm and park system for Treasure Island in San Francisco, CA, and Estuary Commons, a community vision for resilience developed through a co-creative process. He led the creation of an innovative urban ecology that combines outdoor social and workspaces within an immersive landscape at the Meta Headquarters.

As an advocate, committed to inclusive and equitable parks and public spaces, Chris has served on the Board of Directors of the San Francisco Parks Alliance, a leading park non-profit that champions, transforms, and activates parks and public spaces throughout San Francisco. Chris holds a Bachelor of Landscape Architecture from Virginia Tech University of College of Architecture and Urban Planning.

Resilience
Estuary Commons Design Challenge, San Leandro Bay, East Oakland, CA OAAC ADAPT, Alameda, CA
Pacific Commons, Fremont, CA
Treasure Island Parks + Open Space, San Francisco, CA
Waller Creek, Austin, TX
Engagement
Estuary Commons Co-Creation, San Leandro Bay, East Oakland, CA Realize Flood Park, San Mateo, CA
Park/Public Space
855 Brannan, San Francisco, CA
California Forever, Solano County, CA
Concord Naval Weapons Station, Concord, CA
Daggett Park, San Francisco, CA
East Cut Sports + Dog Park, San Francisco, CA
Mint Plaza, San Francisco, CA
Moffett Park Specific Plan, Sunnyvale, CA
Noe Valley Town Square, San Francisco, CA
Park Habitat, San Jose, CA
Treasure Island Parks + Open Space, San Francisco, CAG
Years of Experience
30 Education
Bachelor of Landscape
Architecture, Honors College of
Architecture and Urban Studies,
Virginia Tech University
Riva San Vitale European Travel
Studies, Virginia Tech University
Registration
Licensed Landscape Architect,
California, No. 5993
Awards + Fellowships
2011-2021, Parks Alliance Board of
Directors, Board Member
2019, SPUR Bay Area Regional
Strategy, Advisory Board
Member
2004-2010, Neighborhood Parks
Council Board of Directors,
Board Member/Treasurer
Teaching Experience
2019 MLA Studio, University of
California Berkeley, Co-Teacher
2018 Resilient by Design Studio,
University of California Berkeley,
Co-Teacher
2017 Resilient by Design Studio,
California College of Arts, CoTeacher
Lectures + Exhibitions
2019 Climate Action Summit,
Climate Positive Design Panel
Leader
2016 Collaborating for Ecology:

An Open Discussion, ASLA
Annual Meeting & Expo, Speaker
Publications
2019 Resilient By Design: Bay
Area Challenge, ‘Estuary
Commons All Bay Collective’,
Contributing Author
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Patricia Fonseca Flores
Principal
Patricia Fonseca Flores is a Principal at CMG Landscape Architecture. She believes in designing and planning with nature and brings 19+ years of experience in landscape
architecture, master planning, resilience planning and open space development management.

With the understanding that each site has its own environmental, cultural, and historical context, she specializes in creating unique projects and places in the San Francisco Bay Area and Latin America. Patricia’s work includes signature waterfront open spaces in San Francisco, including Crane Cove Park, Treasure Island and Ocean Beach.

Patricia is currently serving on the Design Review Board of the San Francisco Bay Conservation and Development Commission (BCDC), advising, and providing guidance on public access, views and open space on projects seeking approval within the BCDC’s 100-foot shoreline jurisdiction. Patricia’s educational background in Architecture from the University of Costa Rica and her Masters in Landscape Architecture from University of California Berkeley, along with her upbringing in Costa Rica, have shaped her into an adaptive, multifaceted and nature-based design leader.

Resilience
Bolinas Lagoon North End Restoration Project, Marin County, CA* Santa Catarina Sustainable Mobility Corridor Master Plan, Monterrey, Mexico* Islais Creek Southeast Mobility Adaptation Strategy, San Francisco, CA* Mangrove Discovery Eco-Park & Education Center, Panama City, Panama* Mission Bay Rain Garden, San Francisco, CA*
Ocean Beach Master Plan, San Francisco, CA*
Olympia Sea Level Rise Response Plan, Olympia, WA*
San Francisco Draft Waterfront Adaptation Strategies, San Francisco, CA San Rafael Sea Level Rise Adaptation Plan, San Rafael, CA Park/Public Space
California Forever, Solano County, CA
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File Attachments for Item:

M. Zoning Text Amendment 2025-RZ-01-- Adopt an Ordinance, Waiving Second Reading, to Update the City’s Density Bonus and Inclusionary Housing Ordinance (Staff is recommending to adopt an ordinance to amend the zoning ordinance’s inclusionary housing and density bonus regulations, currently located in BMC Ch. 17.31, to comply with current State law and implement the Housing Element. This item is exempt from CEQA pursuant to CEQA Guidelines §15061(b)(3) because it involves adoption of policies and programs that would not cause a significant effect on the environment.) 94 Density Bonus Page 1 of 1

CITY COUNCIL MEMO
Meeting Date: May 15, 2025
From: Ingrid Padilla, City Clerk
Subject: An Ordinance of the City of Brisbane
Adding New Chapter 17.29 and Amending Chapter 17.31 of the Brisbane Municipal Code Concerning Density Bonus and
Inclusionary Housing Requirements
The Ordinance listed above was introduced at the City Council Meeting of April 17, 2025. It is on this agenda for consideration of adoption with the revised Ordinance.

Attachments:

1. Revised Ordinance

2. Red lined Ordinance

3. Staff Report from the City Council Meeting of April 17, 2025 95 M.

DRAFT ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF BRISBANE
ADDING NEW CHAPTER 17.29 AND AMENDING CHAPTER 17.31 OF

THE BRISBANE MUNICIPAL CODE

CONCERNING DENSITY BONUS AND

INCLUSIONARY HOUSING REQUIREMENTS
The City Council of the City of Brisbane hereby ordains as follows:

SECTION 1: A new Chapter 17.29 is added to the Municipal Code to read as follows:

Chapter 17.29 – DENSITY BONUSES
Sections:

17.29.010 Purposes of chapter.

17.29.020 Definitions.

17.29.030 Administration of Density Bonuses.

17.29.040 Application for a Density Bonus.

17.29.050 Affordable housing agreements.

17.29.060 Implementation and enforcement.

17.29.010 – Purposes of chapter.

A. The City of Brisbane enacts this chapter to implement the goals, objectives, and policies of the City's general plan housing element relative to administering a density bonus program to encourage the provision of housing affordable to a variety of household income levels, seniors, and persons with disabilities.

B. This chapter is also intended to implement Sections 65915 through 65918 of the California Government Code, or successor statutes and regulations, governing density bonuses and other incentives required by such statutes or regulations.

17.29.020 - Definitions.

A. Affordable Housing Agreement. A recorded agreement between a property owner and the City to ensure that the density bonus requirements of this Chapter are satisfied.

B. Affordable Ownership Cost. The affordable ownership cost for for-sale target units shall be as specified in California Health and Safety Code Section 50052.5, as may be amended over time.

C. Affordable Rent. The affordable rent for rental target units shall be as specified in California Health and Safety Code Section 50053, as may be amended over time.

D. Approving Authority. The City decision-making body acting on an application for a housing development subject to the requirements of this Chapter, including the City Council, Planning Commission, or Community Development Director.

E. Base Density. Base density or maximum residential density shall be as defined in the State Density Bonus law.

F. Child Care Facility. Child care facility shall have the same meaning as defined in the State Density Bonus Law.

G. City. The City of Brisbane or the Brisbane Housing Authority.

Attachment 1
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H. City Council. The City Council of the City of Brisbane as established in Title 2 of this Code or the Board Members of the Brisbane Housing Authority
I. City Manager. The City Manager of the City of Brisbane as established in Title 2 of this Code, the City Manager’s designee, the Executive Director of the Brisbane Housing Authority or the Executive Director’s designee.

J. Community Development Director. The Director of the Community Development Department responsible for overseeing implementation of Title 17 of this Code, or the Community Development Director’s designee.

K. Density Bonus. Density bonus shall be defined by State Density Bonus Law.

L. Density Bonus Project. Density bonus project shall mean any parcel map, subdivision map, housing development permit, design permit, building permit, or other city approval which results in a net increase of at least two (2) primary dwelling units and/or residential lots or combination thereof for which a density bonus, incentive or concession, waiver or reduction of development standards, and/or modification of parking standard is requested by the developer pursuant to State Density Bonus Law and this Chapter. A density bonus project may include, but is not limited to, new construction, conversion of existing dwelling units to condominium ownership, subdivision of land to create additional residential lots, conversion of an existing nonresidential building to residential use, and the addition of dwelling units to an existing multifamily dwelling. A density bonus project shall include units or lots intended for sale or for rent.

1. For-Sale Density Bonus Project. A density bonus project that offers dwelling units or lots to the public for purchase.

2. Rental Density Bonus Project. A density bonus project that offers dwelling units to be rented to tenants upon occupancy, whether or not a condominium or subdivision map is recorded as part of the project.

M. Development Standard. A development standard shall be as defined by the State Density Bonus Law, provided, however, the term "development standard" does not include any of the following:

1. The permitted uses of a site;

2. Any city fees;

3. Affordable housing requirements;

4. Building standards approved by the California Building Standards Commission as provided in California Health and Safety Code Section 18901 et seq.; or

5. The requirements of Brisbane's Green Building Ordinance as set forth in Title 15, Chapter 15.80 of this Code.

N. Domestic Partner. Domestic partner means two (2) persons who have filed a declaration of domestic partnership with the California Secretary of State pursuant to Division 2.5, beginning with Section 297, of the California Family Code and such registration was in full force and effect at the time of the transfer or on the date of the transferor's death. A copy of the domestic partnership registration shall be provided to the city upon request.

O. Dwelling Unit. Dwelling unit shall have the meaning set forth in Section 17.02.235 of this Code.

1. Density Bonus Unit. Those dwelling units granted pursuant to a density bonus requested pursuant to the provisions of this Chapter and State Density Bonus Law.

2. Market-Rate Unit. Any dwelling unit within a density bonus project that is not a target unit. 97 M.

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3. Target Unit. Any dwelling unit affordable to moderate and low income households within a density bonus project that qualify the project for a density bonus.

P. Eligible Household. A household whose household income qualifies the household for occupancy of a target uni.

Q. Eligible Purchaser. A household whose household income qualifies the household to purchase a forsale target unit, or a qualified non-profit housing corporation as such term is defined in Section 714.7 of the California Civil Code or successor statute.

R. First Approval. The first of the following approvals to occur with respect to a density bonus project:
subdivision approval, housing development permit, building permit or any other permit or approval under the Brisbane Municipal Code.

S. Household Income. Household income shall be the gross income of the household as calculated pursuant to Title 25 California Code of Regulations, §6914, as amended, or its successor. regulation The household income categories addressed in this Chapter shall be defined as follows:

1. Lower Income Household. A household whose income does not exceed the lower income limits applicable to San Mateo County, as published annually by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, as may be amended over time.

2. Moderate Income Household. A household whose income does not exceed the moderate income limits applicable to San Mateo County, as published annually by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, as may be amended over time.

3. Very Low Income Household. A very low income household shall be as defined by California Health and Safety Code Section 50105, as may be amended over time.

4. Extremely Low Income Household. An extremely low income household shall be as defined by Section 50106 of the California Health and Safety Code or successor statute T. Housing Authority. “Housing Authority” shall mean the Brisbane Housing Authority, as established by Resolution of the City Council. For the purposes of this Chapter, “Housing Authority” shall have the same meaning as “City.”
U. Incentives or Concessions. Incentives or concessions shall be as defined in the State Density Bonus Law
V. Maximum Residential Density. Maximum residential density or base density shall be as defined in State Density Bonus Law.

W. Modified Parking Standards. Modifications to the parking standards that would otherwise apply to an density bonus project under Chapter 17.34 of this Code, as described in the State Density Bonus Law.

X. Resale Restriction Agreement. A resale restriction agreement shall mean an agreement, covenant, deed of trust, or other document, approved by the City Council, which is executed by the property owner and recorded against each target unit to insure that such unit remains affordable for the applicable term.

Y. Specific Adverse Impact. A "specific adverse impact" shall have the same meaning as the meaning provided in the Government Code Section 65589.5, as may be amended from time to time, or successor provisions.

Z. State Density Bonus Law. State Density Bonus Law shall mean Sections 65915 through 65918 of the California Government Code, as may be amended from time to time, or successor statutes AA. Waiver or Reduction of Development Standard. Waiver or Reduction of Development Standard shall be as defined in the State Density Bonus Law.
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17.29.030 - Administration of Density Bonuses
A. The City shall grant density bonuses, incentives and concessions, waivers or reductions in development standards, and/or modified parking standards requested by applicants in accordance with the provisions of the State Density Bonus Law and the procedures set forth in this Chapter.

1. The City may deny a request for incentives or concessions only as provided by the State Density Bonus Law.

2. The City may deny a request for a waiver or reduction of a development standard only as provided by the State Density Bonus Law.

B. A developer of a project containing between two (2) to four (4) dwelling units or lots may request approval of a density bonus as shown in Table 17.29.030. The decision making body shall waive or reduce any development standard that may preclude development of such a project as set forth in section A of this Section 17.29.030.

Table 17.29.030
Zoning
District Lot Size
Maximum
Permitted
Residential
Density
Percentage
low income
units
Percentage
Density Bonus
Total Units
including
Density Bonus
Units
R-2 4,950-7,499 sq ft 2 units 50% 30% 3 units
R-3 4,950- 5,999 sq ft 3 units 30% 15% 4 units
R-3 6,000- 7,499 sq ft 4 units 50% 15% 5 units
C. A developer of a density bonus project that exceeds the qualifications for a density bonus per State Density Bonus Law may request that the City grant one additional incentive or concession above the maximum number prescribed by State Density Bonus Law, as applicable to the project.

D. A developer of a density bonus project may request City Council approval of one additional incentive or concession if the density bonus project includes family-sized target units (units with three or more bedrooms) designed and dedicated for use by low- to extremely low-income households.

E. Inclusionary units provided in compliance with Chapter 17.31 may be counted as target units for the purposes of calculating a density bonus if they meet requirements for target units established under State Density Bonus Law.

F. The decision making body for any density bonus project shall be the decision making body specified for the first approval. The City Council shall be the decision-making body for any density bonus projects that include requests of incentives or concessions or waivers of development standards that otherwise require City Council approval under this Chapter or other Chapters of this Municipal Code.

G. Notwithstanding that an applicant may request direct financial assistance, including that for purchasers of target units, which shall require approval of the City Council, nothing in this section

17.29.030 requires the City to provide direct financial incentives for the housing development, including but not limited to providing to the applicant publicly owned land.

H. In accordance with the State Density Bonus Law, neither the granting of a concession or incentive, waiver or reduction in development standards, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

17.29.040 – Application for a Density Bonus.
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A. Application Processing. Applications for density bonuses, incentives, concessions, waivers or reductions in development standards, and/or modifications of parking standards pursuant to the State Density Bonus Law and this Chapter shall be processed in concert with and by the same decision-making body, as any other planning entitlement applications that the density bonus project may require., except where otherwise indicated in Section 17.29.030.

B. Contents of Application. Applications shall be filed with the Community Development Director on such form as the Director shall prescribe. In addition to the submittal requirements for any other planning entitlement applications or permit approvals the project requires, the application shall include the following information and supporting materials:

1. Current title report(s) for all properties proposed for development, prepared within at least six (6) months of application submittal.

2. A letter signed by the present owner(s) stating what density bonus, incentives and concessions, waivers or modifications of development standards, and/or parking modification are being requested from the City.

3. In the case of a condominium conversion request, such information required by Chapter 17.30 of this Title.

4. A statement describing whether the density bonus project is proposed on any property that has one of the following conditions. If any of the below conditions exist on the property, the application must identify how such units will be replaced in the density bonus project. Such replacement units shall not be counted as target units when calculating the density bonus, unless the density bonus project is 100% affordable.
a. Includes a parcel or parcels on which rental dwelling units are presently located that are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income or if rental dwelling units have been vacated or demolished in the five-year period preceding the application that were at the time subject to a recorded covenant, ordinance or law that restricted rents to levels affordable to persons and families of very low or lower income; b. Includes a parcel or parcels on which rental dwelling units have been subject to any other form of rent or price control through a public agency’s exercise of its police power; c. Includes a parcel or parcels on which rental dwelling units are presently occupied by low or very low income households.

5. A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities.

6. A project data table showing the total number of dwelling units proposed on the site and off site, as applicable, including the number of target units and density bonus units, and the project’s conformance to all objective development standards.

7. Site plan(s) with accurately dimensioned property lines showing existing and proposed structures and their uses, adjacent structures and their uses, setbacks, adjacent streets, easements, existing and proposed utilities, existing and proposed driveways, and internal circulation and parking.

8. Floor plans of all existing and proposed structures (with the use of each room/space labeled) and designating target units, as appropriate.

9. Roof plans.
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10. Elevations of all sides of the existing and/or proposed structures, identifying colors and materials , and showing the height of structure(s) measured per the definition of building height in Chapter 17.02 of this Title and UBC type of construction. Cross-sections may also be required based upon the complexity of the design.

11. Existing and proposed parking facilities, including the dimensions of parking spaces, number and location of spaces designated as compact or handicapped spaces, and a calculation of the number of parking spaces required by this title or any other applicable regulations;

12. An affordable housing plan that contains all of the following, as applicable to the request:
a. The number, type, tenure, household income categories, number of bedrooms and baths, approximate location, size, and design (including finishes and features) of all density bonus units;
b. The number, type, tenure, affordability level, number of bedrooms and baths, approximate location, size, and design (including finishes and features) of all target units; c. Construction phasing of target units in relation to market-rate units, if applicable, and overall construction schedule. If the developer proposes to construct the target units in separate phases from the market-rate unit construction, the affordable housing plan shall specify the security to be provided to the City to ensure that the target units will be constructed, and explain how the proposed phasing would provide greater public benefit than providing the target units concurrently with the market-rate units; d. Preliminary marketing plan, indicating general approach to marketing target units in compliance with all fair housing laws. The final marketing plan may be deferred to prior to first building permit issuance, subject to Community Development Director approval, including the manner in which target units will be offered to the public in a nondiscriminatory and equitable manner and the method of marketing target units after initial occupancy is secured;
e. A financing mechanism, the particulars and the amount of which shall be determined by the City at the time the affordable housing plan is approved, to cover the City’s costs for the on-going administration and monitoring of the affordability provisions applicable to the target units, except where prohibited by State law.

13. Description of any requested density bonuses, incentives, concessions, waivers or modifications of development standards, and/or modified parking standards and documentation of eligibility for the request(s), including a description of the base density without the requested density bonus, the number and location of all target units qualifying the project for a density bonus, the level of affordability of the target units, and identification of the density bonus units. a. For all requested incentives and concessions, reasonable documentation demonstrating eligibility for the incentive or concession or to demonstrate that the incentive or concession meets the definition set forth in the State Density Bonus Law. For requests to allow mixeduse zoning in conjunction with the density bonus project, the application shall additionally include documentation demonstrating that the proposed commercial, office, industrial, or other land uses will reduce the cost of the density bonus project development and that the commercial, office, industrial, or other land uses are compatible with the density bonus project and the existing or planned development in the area where the proposed project will be located. The cost of reviewing any documentation submitted in support of a request for a concession or incentive, including but not limited to the cost to the City of hiring a consultant to review the documentation, shall be borne by the applicant. 101
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b. For all requested waivers or reductions of development standards, written evidence that (i) the development standards for which a waiver or reduction is requested will physically preclude the construction of the housing development at the densities or with the incentives or concessions permitted by this chapter; (ii) the waiver or reduction would not have a specific, adverse impact, or, if a specific, adverse impact would occur, that the impact could feasibly be mitigated or avoided; (iii) the waiver or reduction would not have an adverse impact on any real property that is listed in the California Register of Historical Resources; and (iv) the waiver or reduction would not be contrary to any state or federal law. c. If a density bonus, incentive or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the conditions for such land donation set forth in the State Density Bonus Law will be met. d. If a density bonus, incentive or concession is requested for a child care facility, the application shall show the location and square footage of the child care facility and describe how all requirements of the State Density Bonus law for such density bonus, incentive or concession are met by the application.

B. Application Fee. The application shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. In addition, the applicant shall also deposit such amounts as the Community Development Director may require from time to time to cover the cost of any environmental or legal review, geotechnical and engineering reports, review of green building documentation, and such other studies that may be required by the City in connection with the processing of the application or related planning entitlements.

C. Newly Constructed Condominiums. In addition to the information listed in this section, an application for a density bonus project for newly constructed condominiums, as defined in

17.30.020.A of this title, shall also include the materials set forth in Section 17.30.040.

D. Streamlined Housing Development Projects. Density bonus projects that are streamlined housing development projects, as defined in Chapter 17.02 of this Title, shall include additional supporting documentation to demonstrate eligibility as set forth on a form prescribed by the city.

17.29.050 - Affordable housing agreements.

A. Applicability. Recordation of an affordable housing agreement shall be made a condition of the first approval for all density bonus projects to ensure implementation of all requirements of this Chapter.

The affordable housing agreement shall be recorded prior to, or concurrently with, the final subdivision or parcel map, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The affordable housing agreement shall run with the land and bind all future owners and successors in interest.

B. The affordable housing agreement shall be in a form provided by the City and shall include the following, without limitation:

1. All information provided in the affordable housing plan pursuant to Section 17.29.040 of this Chapter.

2. The household income categories of the target units, consistent with the requirements of the State Density Bonus law.

3. Continued affordability of the target units, as follows:
a. For-Sale Target Units. The affordable housing agreement shall require that a resale restriction agreement, in a form approved by the City, be recorded against each for-sale target unit when the target unit is first transferred to an eligible purchaser. The resale 102
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restriction agreement shall provide that target units in for-sale density bonus projects shall remain affordable in perpetuity and that the affordability provisions be applicable to any subsequent transferees or successors in interest.

The resale restriction agreement shall also provide that the for-sale target unit shall not be rented.
b. Rental Target Units. The affordable housing agreement shall be recorded against each rental density bonus project containing rental target units to ensure that the target units remain affordable in perpetuity.

Rental target units that are later converted to for-sale units, e.g., converted to condominiums, and then sold shall be sold as for-sale target units and the requirements of subparagraph a of paragraph 2 of subsection C of this Section shall apply.

4. The affordable housing agreement shall specify that no household shall be permitted to begin occupancy of a target unit unless the Community Development Director has approved the household's eligibility

5. Affordable housing agreements for land dedication, child care facilities, and condominium conversions shall ensure the continued compliance with all conditions included in State Density Bonus Law.

6. Affordable housing agreements for senior citizen housing developments shall provide that units in the residential development shall be occupied by senior citizens or other persons eligible to reside in such a project as established by the State Density Bonus Law.

7. The affordable housing agreement shall include provisions requiring maintenance of records to demonstrate continued compliance with this Chapter over long-term operation of the density bonus project.

8. The affordable housing agreement shall include a description of remedies for breach of the affordable housing agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

C. The affordable housing agreement shall include any other provisions determined necessary by the City Attorney to ensure implementation and compliance with the State Density Bonus Law and this Chapter.

17.29.060 - Implementation and enforcement.

A. No permit, license, subdivision map, or other approval or entitlement for a density bonus project shall be issued, including without limitation a final inspection for occupancy, until all requirements applicable to the density bonus project at such time pursuant to this Chapter have been satisfied.

1. Except where authorized by the approved affordable housing plan pursuant to Section 17.29.040, no building permit shall be issued for any market rate unit until the permittee has obtained permits for target units sufficient to meet the requirements of Section 17.29.030 of this Chapter, and, if the project includes inclusionary housing units pursuant to Chapter 17.31 of this Code. No final inspection for occupancy for any market-rate unit shall be completed until the permittee has constructed the target units required by Section 17.29.030 of this Chapter, unless so authorized in the approved affordable housing plan.

2. The time requirements set forth in this Section for issuance of building permits for market-rate units and for final inspections for occupancy for market-rate units may be modified to accommodate phasing schedules, model variations, or other factors in a density bonus project within the submitted affordable housing plan pursuant to Sections 17.29.030 of this Chapter, if the City determines this will provide greater public benefit and an affordable housing agreement pursuant 103
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to Section 17.29.050 of this Chapter has been approved by the decision making body for the first approval for the density bonus project.

B. Conditions to carry out the purposes of this Chapter shall be imposed on the first approval for a density bonus project.

C. The City Attorney is authorized to enforce the provisions of this Chapter and all affordable housing agreements, regulatory agreements, resale controls, deeds of trust, or similar documents placed on target units, by civil action and any other proceeding or method permitted by law.

D. The City Manager is authorized to execute any agreement and any related documents following approval such agreement by the Community Development Director and the City Attorney.

E. Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any applicant or owner from the requirements of this Chapter.

F. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

G. Any target unit that is sold or rented in violation of the affordability requirements established in the approved affordable housing agreement or resale restriction agreement shall be replaced at a one-toone ratio. The means of replacement shall be wholly subject to the discretion of the City Manager H. A request for a minor modification of an approved affordable housing plan may be granted by the community development director if the modification is substantially in compliance with the original affordable housing plan and conditions of approval for the density bonus project. A minor modification is technical in nature, as opposed to substantive or material. Substantive or material changes to the affordable housing plan shall be processed in the same manner as the original plan.

I. The City shall prepare guidelines to further implement this ordinance. These guidelines shall include, but are not limited to, the following:

1. The form and contents of the affordable housing agreement and any resale restriction, including provisions for successors in interest and other ownership transfers for for-sale target units;

2. The form and contents of the final marketing plan and resident selection process;

3. Procedures for setting rents and sales prices for the target units;

4. Procedures for qualifying tenant households and prospective purchaser households of target units, including but not limited to household income verification and any preferences;

5. Compliance and monitoring procedures to assure that affordability restrictions are maintained;

6. Resale and subordination procedures for for-sale target units;

7. The establishment of any fees to recoup the City’s costs for the ongoing administration and monitoring of the affordability provisions of the target units, except where prohibited by State law.
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SECTION 2: Chapter 17.31 of the Municipal Code is amended in its entirety to read as follows:

Chapter 17.31 - INCLUSIONARY HOUSING
Sections:

17.31.010 Basis and purposes.

17.31.020 Definitions.

17.31.030 Inclusionary requirement.

17.31.040 Inclusionary housing incentives.

17.31.050 Alternatives to constructing inclusionary units.

17.31.060 Affordable housing plan for inclusionary units.

17.31.070 Adjustment or reduction of inclusionary housing requirement.

17.31.080 Affordable housing agreement

17.31.090 Implementation and enforcement.

17.31.010 - Basis and purposes.

A. Rental and owner-occupied housing in the City has become steadily more expensive. Housing costs have gone up faster than incomes for many groups in the community.

B. Many persons who work in the City, who have grown up or have family ties in the City, who already live in the City but must move due to increasing housing costs, or who wish to live in the City for other reasons, cannot afford housing in the city.

C. Federal and state government programs do not provide nearly enough affordable housing opportunities or subsidies to satisfy the housing needs of moderate, lower or very low income households.

D. Rising land prices have been a key factor in preventing development of new affordable housing. New housing construction in the City which does not include inclusionary units aggravates the existing shortage of affordable housing by absorbing the supply of available residential land. This reduces the supply of land for affordable housing and increases the price of remaining residential land. Providing the inclusionary units required by this Chapter will help to ensure that part of the City's remaining developable land is used to provide affordable housing.

E. The City wishes to retain an economically balanced community, with housing available to very low income, lower income and moderate income households. The City's general plan implements the established policy of the State of California that each community should foster an adequate supply of housing for households at all economic levels.

F. An economically balanced community is only possible if part of the new housing built in the City is affordable to households with limited incomes. Requiring builders of new housing to include some housing affordable to households at a range of incomes is fair, not only because new development without inclusionary units contributes to the shortage of affordable housing, but also because zoning and other ordinances concerning new housing in the City should be consistent with the community's goal to foster an adequate supply of housing for households at all economic levels.

G. In enacting this Chapter it is also the intent of the City of Brisbane to implement the goals, objectives, and policies of the City's general plan housing element, which encourages the provision of housing affordable to a variety of household income levels, seniors, and persons with disabilities, and identifies an inclusionary housing policy one method to encourage the development of affordable housing. 105
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17.31.020 - Definitions.

A. Affordable Housing Agreement. A recorded agreement between a property owner and the City to ensure that the inclusionary housing requirements of this Chapter are satisfied.

B. Affordable Ownership Cost. The affordable ownership cost for for-sale target units shall be as specified in California Health and Safety Code Section 50052.5, as may be amended over time.

C. Affordable Rent. The affordable rent for rental target units shall be as specified in California Health and Safety Code Section 50053, as may be amended over time.

E. City. The City of Brisbane or the Brisbane Housing Authority.

F. City Council. The City Council of the City of Brisbane as established in Title 2 of this Code or the Board Members of the Brisbane Housing Authority.

G. City Manager. The City Manager of the City of Brisbane as established in Title 2 of this Code, the City Manager’s designee, the Executive Director of the Brisbane Housing Authority or the Executive Director’s designee.

H. Community Development Director. The Director of the Community Development Department responsible for overseeing implementation of Title 17 of this Code, or the Community Development Director’s designee.

I. Domestic Partner. Domestic partner means two (2) persons who have filed a declaration of domestic partnership with the California Secretary of State pursuant to Division 2.5, beginning with Section 297, of the California Family Code and such registration was in full force and effect at the time of the transfer or on the date of the transferor's death. A copy of the domestic partnership registration shall be provided to the city upon request.

J. Dwelling Unit. Dwelling unit shall have the meaning set forth in Section 17.02.235 of this Code.

1. Inclusionary Unit. Dwelling unit within a housing development that is required by Section

17.31.030 of this Chapter to be rented at affordable rents or sold at an affordable ownership cost to specified households. Inclusionary units may be considered target units as that term is defined in Chapter 17.29 of this Code.

2. Market-Rate Unit. Any unit within a housing development that is not an inclusionary unit.

K. Eligible Household. A household whose household income qualifies the household for occupancy of inclusionary units provided under this Chapter.

L. Eligible Purchaser. A household whose household income qualifies the household to purchase a forsale inclusionary unit, or a qualified non-profit housing corporation as such term is defined in Section 714.7 of the California Civil Code or successor provisions.

M. First Approval. The first of the following approvals to occur with respect to an inclusionary housing development: subdivision approval, housing development permit, building permit or any other permit or approval under the Brisbane Municipal Code.

N. Household Income. Household income shall be the gross income of the household as calculated pursuant to Title 25 California Code of Regulations, §6914, as amended, or its successor. The household income categories addressed in this Chapter shall be defined as follows:
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3. Very Low Income Household. A very low income household shall be as defined by California Health and Safety Code Section 50105, as may be amended over time.

O. Housing Authority. “Housing Authority” shall mean the Brisbane Housing Authority, as established by Resolution of the City Council. For the purposes of this Chapter, “Housing Authority” shall have the same meaning as “City.”
P. Inclusionary Housing Development. Any parcel map, subdivision map, use permit, building permit, or other City approval which results in a net increase of at least five (5) or more primary dwelling units and/or residential lots or combination thereof intended for sale or for rent. An inclusionary housing development project may include, but is not limited to, new construction, conversion of existing dwelling units to condominium ownership, creation of residential lots, conversion of an existing nonresidential building to residential use, and the addition of primary dwelling units to an existing multifamily dwelling. .

1. For-Sale Inclusionary Housing Development. An inclusionary housing development, or portion thereof, where the dwelling units or lots are offered to the public for purchase.

2. Rental Inclusionary Housing Development. An inclusionary housing development, or portion thereof, comprised of dwelling units which are intended to be rented, or are actually offered for rent, to tenants upon completion, whether or not a condominium or subdivision map is recorded as part of the housing development.

Q. Resale restriction agreement. An agreement, covenant, deed of trust, or other document, approved by the City Council, which is executed by the property owner and recorded against each inclusionary unit to insure that such unit remains affordable for the applicable term.

17.31.030 - Inclusionary requirement.

A. Applicability. The inclusionary requirements established in this section shall apply to all inclusionary housing development projects with five (5) or more primary dwelling units or residential lots, except for the following:

1. Housing development projects that are developed pursuant to the terms of a development agreement, provided that such housing development projects shall comply with any affordable housing requirements included in the development agreement.

2. Housing development tentative maps or vesting tentative maps exempted by Government Code Section 66474.2 or 66498.1, provided that such maps shall comply with any predecessor ordinance in effect on the date the application for the map was deemed complete.

B. Inclusionary Requirements. Unless an alternative is elected pursuant to Section 17.31.050 of this Chapter, the following inclusionary requirements shall apply to for-sale and rental housing development projects:

1. For-sale Developments. A for-sale inclusionary housing development shall provide the following inclusionary lots or units:
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a. A for-sale housing development with five (5) to ten (10) primary dwelling units or lots must provide fifteen percent (15%) of the proposed units at affordable ownership costs for moderate income households.
b. A for-sale housing development of eleven (11) or more primary dwelling units or lots must provide ten percent (10%) of the units or lots at affordable ownership costs for moderate income households and five percent (5%) of the units or lots at affordable ownership costs for lower income households.

2. Rental Developments. A rental inclusionary housing development with five (5) or more primary dwelling units must provide fifteen percent (15%) of the units at affordable rents to very low income households.

C. Calculation of Inclusionary Requirement. For purposes of calculating the number of inclusionary units required by this section, any calculations resulting in fractional units of one-half or greater shall be rounded to the next larger integer. If the calculation of the required total number of inclusionary units results in a fraction of less than one-half, the fractional amount shall be provided to the City through payment of an in-lieu fee established by the City Council. For density bonus projects per Chapter 17.29, density bonus units shall not be counted when determining the minimum inclusionary housing requirement.

D. Contemporaneous construction of five (5) or more primary dwelling units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same City land use approval, shall also be considered a single housing development. Construction shall be considered contemporaneous if any building permits are issued within five (5) years following the date of completion of any earlier construction.

E. If an inclusionary housing development requests a density bonus pursuant to Chapter 17.29 of this Title, inclusionary units may be considered target units for purposes of qualifying for a density bonus only if such inclusionary units meet all of the applicable requirements for target units in Chapter 17.29 of this Title and State Density Bonus Law.

17.31.040 - Inclusionary housing incentives.

The following incentives shall apply to all inclusionary housing developments that provide one or more inclusionary units in accordance with the provisions of this Chapter:

A. Single-family detached inclusionary units may be constructed on smaller lots than the market-rate units in the same housing development, but the lots may be no smaller than the minimum standard for the applicable zoning district, except as may be modified by an eligible density bonus request pursuant to Chapter 17.29 of this Title or other provisions of this Municipal Code that address reduction of minimum lot sizes.

B. The square footage of the inclusionary units should be comparable to the market-rate units in the same residential development. However, at the discretion of the Community Development Director, smaller units may be provided, as long as the total inclusionary square footage provided remains comparable, yielding additional units.

C. Inclusionary units may have different finishes and features than market-rate units, including but not limited to interior finishes, fixtures, or appliances, than market-rate units in the same residential development, as long as the finishes and features are durable and of good quality, as determined by the Community Development Director.

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A. An applicant for a rental inclusionary housing development, or an applicant for a for-sale inclusionary housing development of fifteen or fewer primary dwellings or lots may, at the sole discretion of the applicant, elect to pay an in-lieu fee as established by resolution of the City Council, for each required inclusionary unit to the Brisbane Housing Authority’s Low and Moderate Income Housing Fund, instead of constructing the inclusionary units within the residential development. The in-lieu fee shall be paid prior to issuance of the building permit, unless applicable State law requires an different payment timing.

B. An applicant for a rental or for-sale housing development may request City Council approval of one or more of the following as an alternative to constructing the inclusionary units within the housing development or paying an in-lieu fee, which request shall be described within the affordable housing plan for inclusionary units prepared pursuant to Section 17.31.060 of this Chapter. City Council approval of such a request shall be based on findings that 1) the outcome for the City is superior in terms of the number and affordability of affordable units that would be created, or 2) construction of the required inclusionary units within the market-rate development would be infeasible or present unreasonable hardship in light of such factors as project size, site constraints, market competition, price and product type disparity, applicant capability, and financial subsidies available. Evidence must be submitted with the affordable housing plan required by Section 17.31.060 of this Chapter.

1. Off-Site Construction. The applicant may request to construct some or all of the inclusionary units at a location within the City outside of the housing development site. Off-site construction alternatives include alternatives where parcelization of the subject property is required to create a separate parcel. Off-site inclusionary units shall be located on sites that are compatible with adjacent land uses, appropriately zoned for the intended residential development, and are in proximity to or will provide access to employment opportunities, urban services, major roads or other public transit facilities.

2. Off-Site Preservation. The applicant may request to create inclusionary units off-site through the purchase and conversion of existing market-rate units to affordable units, either by the applicant or by a not-for-profit entity. The total square footage must, at minimum, equal the square footage that would have been expected on-site, at affordability levels that meet or exceed the on-site requirements. The off-site units must be purchased prior to the building permit for the inclusionary housing development. The off-site preservation option must be approved by the City Council, and the Community Development Director may set requirements related to the rehabilitation and condition of the property and the protection and/or temporary relocation of existing tenants.

3. Dedication of Land. The applicant may dedicate land within the City that is suitable for affordable housing development to the City or to the designee of the City.. The value of the land shall be not less than the sum of the in-lieu fee that would be due under Section 17.31.050 of this Chapter. The valuation of any land offered in-lieu shall be determined by an appraisal made by an appraiser mutually agreed upon by the City and the applicant. Costs associated with the appraisal shall be borne by the applicant. The timing of the land dedication shall be at or before the first approval of the inclusionary housing development. Factors considered by the Council may include but are not limited to general location, access to transit, buildability, current zoning, and the number of units that could be built at the location.

4. Funding of Affordable or Special Needs Housing Project. The applicant may make a contribution to a special needs housing project or facility (shelter, transitional housing, or similar) in the City in an amount equivalent to the in-lieu fee payment due under subsection A of this Section 17.31.050.

The contribution must be made prior to receipt of the building permit for the inclusionary housing development.
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5. In-Lieu Fee for Certain For-Sale Developments. An applicant for a for-sale inclusionary housing development of more than fifteen primary dwelling units or lots may request Council approval to pay an in-lieu fee payment rather than construct affordable units with the project.

17.31.060 - Affordable housing plan for inclusionary units.

A. An affordable housing plan for inclusionary units shall be submitted as part of the application for first approval of any inclusionary housing development, except where payment of an in-lieu fee is elected by the applicant pursuant to Section 17.31.050.A of this Chapter. No application for a first approval may be deemed complete unless an affordable housing plan, if required, is submitted conforming to the provisions of this Chapter.

B. If the applicant has requested a density bonus pursuant to Chapter 17.29 of this Code, the affordable housing plan required under this Section shall be combined with the affordable housing plan for target units required pursuant to Section 17.29.040 of this Code.

C. The affordable housing plan for inclusionary units shall include the following information:

1. For housing developments proposing to construct the inclusionary units within the development, the affordable housing plan shall specify, at the same level of detail as the application for the housing development:
a. The number, type, tenure, household income categories, number of bedrooms and baths, approximate location, size, and design (including finishes and features) of all inclusionary units;
b. Construction phasing of inclusionary units in relation to market-rate units and overall construction schedule. If the developer proposes to construct the inclusionary units in separate phases from the market-rate unit construction, the affordable housing plan shall specify the security to be provided to the City to ensure that the inclusionary units will be constructed, and explain how the proposed phasing would provide greater public benefit than providing the inclusionary units concurrently with the market-rate units; c. Preliminary marketing plan indicating general approach to marketing inclusionary units.

The final marketing plan may be deferred to prior to first building permit issuance, subject to Community Development Director approval, including the manner in which inclusionary units will be offered to the public in a nondiscriminatory and equitable manner and the method of marketing inclusionary units after initial occupancy is secured; d. A financing mechanism, the particulars and the amount of which shall be determined by the City at the time the affordable housing plan is approved, to cover the City’s costs for the on-going administration and monitoring of the affordability provisions applicable to the inclusionary units, except where prohibited by State law.

2. If an applicant requests City Council approval of alternatives to constructing the inclusionary units within a housing development pursuant to subsection 17.31.050.B of this Chapter, the affordable housing plan shall describe the requested alternatives.

3. If the applicant requests use of different finishes and features than market-rate units as addressed in Section 17.31.040, the affordable housing plan shall describe the request.

D. The affordable housing plan for inclusionary units shall be reviewed simultaneously with any other permit applications associated with the first approval for the inclusionary housing development.

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A. An applicant may request City Council approval of an adjustment or reduction of the inclusionary housing requirements of this Chapter if an applicant demonstrates that the requested adjustment or reduction would better implement the goals, objectives, and policies of the City's general plan housing element, which encourages the provision of housing affordable to a variety of household income levels, seniors, and persons with disabilities. The City Council, in its sole discretion, will determine whether to approve the applicant’s request based on the City’s progress in meeting its housing goals, objectives, and policies at the time the request is made.

B. Any request for an adjustment or reduction under this section shall be submitted concurrently with the affordable housing plan required by Section 17.31.060 of this Chapter. The request for a reduction or adjustment shall set forth in detail the factual basis for the adjustment or reduction.

17.31.080 - Affordable housing agreement.

A. Applicability. Recordation of an affordable housing agreement shall be made a condition of the first approval for all inclusionary housing developments. The affordable housing agreement shall be recorded prior to, or concurrently with, the final or parcel map, or, where the inclusionary housing development does not require a map, prior to issuance of a building permit for any structure in the inclusionary housing development. The affordable housing agreement shall run with the land and bind all future owners and successors in interest.

B. The affordable housing agreement shall be in a form provided by the City and shall include the following, without limitation:

1. All information provided in the affordable housing plan pursuant to Sections 17.31.060 of this Chapter.

2. The household income categories of the inclusionary units, consistent with the requirements of Section 17.31.030 of this Chapter or any alternative requirements pursuant to Section 17.31.050 of this Chapter.

3. Continued affordability of the inclusionary units, as follows:
a. For-Sale Inclusionary Units. The affordable housing agreement shall require that a resale restriction agreement, in a form approved by the City, be recorded against each for-sale inclusionary unit when the unit is first transferred to an eligible purchaser. The resale restriction agreement shall provide that inclusionary units in for-sale housing developments shall remain affordable in perpetuity and that the affordability provisions be applicable to any subsequent transferees or successors in interest.

The resale restriction agreement shall also provide that the for-sale inclusionary unit shall not be rented.
b. Rental Inclusionary Units. The affordable housing agreement shall be recorded against each inclusionary housing development containing rental units to ensure that the inclusionary units remain affordable in perpetuity.

Rental inclusionary units that are later converted to for-sale units, e.g., converted to condominiums, and then sold shall be sold as for-sale inclusionary units and the requirements of subparagraph a of paragraph 3 of subsection B of this Section shall apply.

4. The affordable housing agreement shall specify that no household shall be permitted to begin occupancy of an inclusionary unit unless the City or the City’s designee has approved the household's eligibility.

5. Affordable housing agreements for inclusionary housing developments intended to be occupied by households with one or more members who are sixty-two (62) years of age or older shall 111
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provide that dwelling units in the residential development shall be occupied by persons eligible to reside in such a project.

6. The affordable housing agreement shall include provisions requiring maintenance of records to demonstrate compliance with this Chapter.

7. The affordable housing agreement shall include a description of remedies for breach of the agreement by either party. The City may identify tenant households or qualified purchaser households as third party beneficiaries under the agreement.

D. The affordable housing agreement shall include any other provisions determined necessary by the City Attorney to ensure implementation and compliance with this Chapter.

17.31.090 - Implementation and enforcement.

A. The City shall prepare guidelines to further implement this ordinance. These guidelines shall include, but are not limited to, the following:

1. The form and contents of the affordable housing agreement and any resale restriction, including provisions for successors in interest and other ownership transfers;

2. The form and contents of the final marketing plan and resident selection process;

3. Procedures for setting rents and sales prices for the inclusionary units;

4. Procedures for qualifying tenant households and prospective purchaser households of inclusionary units, including but not limited to household income verification and any preferences;

5. Compliance and monitoring procedures to assure that affordability restrictions are maintained;

6. Resale and subordination procedures for inclusionary for-sale units;

7. The establishment of any fees to recoup the City’s costs for the ongoing administration and monitoring of the affordability provisions of the inclusionary units, except where prohibited by State law.

B. No permit, license, subdivision map, or other approval or entitlement for an inclusionary housing development shall be issued, including without limitation a final inspection for occupancy, until all requirements applicable to the inclusionary housing development at such time pursuant to this Chapter have been satisfied.

1. No building permit shall be issued for any market-rate unit until the permittee has obtained permits for inclusionary units sufficient to meet the requirements of Section 17.31.030 of this Chapter, and, if a density bonus has been requested pursuant to Chapter 17.29, Section 17.29.030 of this Code. No final inspection for occupancy for any market-rate unit shall be completed until or simultaneously with construction of the inclusionary units required by Section 17.31.030 of this Chapter.

2. The time requirements set forth in this Section for issuance of building permits for market-rate units and for final inspections for occupancy for market-rate units may be modified to accommodate phasing schedules, model variations, or other factors in an inclusionary housing development within the submitted affordable housing plan pursuant to Sections 17.31.060 of this Chapter, if the City determines this will provide greater public benefit and an affordable housing agreement pursuant to Section 17.31.080 of this Chapter has been accepted by the community development director.

C. Conditions to carry out the purposes of this Chapter shall be imposed on the first approval for an inclusionary housing development and any subsequent approvals. 112
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D. The City Attorney is authorized to enforce the provisions of this Chapter and all affordable housing agreements, regulatory agreements, resale controls, deeds of trust, or similar documents placed on inclusionary units, by civil action and any other proceeding or method permitted by law.

E. The City Manager is authorized to execute the resale restriction agreement and any related documents following approval by the Community Development Director and the City Attorney.

F. Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any applicant or owner from the requirements of this Chapter.

G. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

SECTION 3: Where a use permit, design permit or variance approval has been issued through final action by the City prior to the effective date of this Ordinance, or where such planning permit approval is not required and a complete building permit application has been submitted prior to the effective date of this Ordinance, the holder of such use permit, design permit or variance approval or complete building permit application may proceed to construct the improvements or establish the use authorized by such permit or approval and the same shall be exempted from any conflicting regulations that may be contained in this Ordinance.

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 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 ____________________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
MAYOR
ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM:
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_____________________________
Thomas McMorrow, City Attorney
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DRAFT ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF BRISBANE
ADDING NEW CHAPTER 17.29 AND AMENDING CHAPTER 17.31 OF

THE BRISBANE MUNICIPAL CODE

CONCERNING DENSITY BONUS AND

INCLUSIONARY HOUSING REQUIREMENTS
The City Council of the City of Brisbane hereby ordains as follows:

SECTION 1: A new Chapter 17.29 is added to the Municipal Code to read as follows:

Chapter 17.29 – DENSITY BONUSES
Sections:

17.29.010 Purposes of chapter.

17.29.020 Definitions.

17.29.030 Administration of Density Bonuses.

17.29.040 Application for a Density Bonus.

17.29.050 Affordable housing agreements.

17.29.060 Implementation and enforcement.

17.29.010 – Purposes of chapter.

17.29.020 - Definitions.

A. Affordable Housing Agreement. A recorded agreement between a property owner and the City to ensure that the density bonus requirements of this Chapter are satisfied.

B. Affordable Ownership Cost. The affordable ownership cost for for-sale target units shall be as specified in California Health and Safety Code Section 50052.5, as may be amended over time.

C. Affordable Rent. The affordable rent for rental target units shall be as specified in California Health and Safety Code Section 50053, as may be amended over time.

E. Base Density. Base density or maximum residential density shall be as defined in the State Density Bonus law.

F. Child Care Facility. Child care facility shall have the same meaning as defined in the State Density Bonus Law.

G. City. The City of Brisbane or the Brisbane Housing Authority.

Attachment 2
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K. Density Bonus. Density bonus shall be defined by State Density Bonus Law.

1. For-Sale Density Bonus Project. A density bonus project that offers dwelling units or lots to the public for purchase.

M. Development Standard. A development standard shall be as defined by the State Density Bonus Law, provided, however, the term "development standard" does not include any of the following:

1. The permitted uses of a site;

2. Any city fees;

3. Affordable housing requirements;

4. Building standards approved by the California Building Standards Commission as provided in California Health and Safety Code Section 18901 et seq.; or

5. The requirements of Brisbane's Green Building Ordinance as set forth in Title 15, Chapter 15.80 of this Code.

O. Dwelling Unit. Dwelling unit shall have the meaning set forth in Section 17.02.235 of this Code.

1. Density Bonus Unit. Those dwelling units granted pursuant to a density bonus requested pursuant to the provisions of this Chapter and State Density Bonus Law.

2. Market-Rate Unit. Any dwelling unit within a density bonus project that is not a target unit. 116
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3. Target Unit. Any dwelling unit affordable to moderate and low income households within a density bonus project that qualify the project for a density bonus.

P. Eligible Household. A household whose household income qualifies the household for occupancy of a target uni.

3. Very Low Income Household. A very low income household shall be as defined by California Health and Safety Code Section 50105, as may be amended over time.

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1. The City may deny a request for incentives or concessions only as provided by the State Density Bonus Law.

2. The City may deny a request for a waiver or reduction of a development standard only as provided by the State Density Bonus Law.

G. Notwithstanding that an applicant may request direct financial assistance, including that for purchasers of target units, which shall require approval of the City Council, nothing in this section

17.29.030 requires the City to provide direct financial incentives for the housing development, including but not limited to providing to the applicant publicly owned land.

17.29.040 – Application for a Density Bonus.
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1. Current title report(s) for all properties proposed for development, prepared within at least six (6) months of application submittal.

3. In the case of a condominium conversion request, such information required by Chapter 17.30 of this Title.

8. Floor plans of all existing and proposed structures (with the use of each room/space labeled) and designating target units, as appropriate.

9. Roof plans.
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