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CITYof BRISBANE
Thursday, July 17, 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.
Joint City Council & Brisbane Housing
Authority Meeting Agenda
1 July 17, 2025 - 2 - 6:30 PM
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.
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. Recognizing Karen Kinser for her 31 years of Service to the City of Brisbane ORAL COMMUNICATIONS NO. 1
CONSENT CALENDAR
C. Approve Minutes of City Council Special Meeting of June 26, 2025 D. Approve Amendment to Reimbursement Agreement with 90 Santa Clara E. Adopt a Resolution Prohibiting Parking at the Bay Conservation and Development Commission’s Public Parking Area Within 7000 Marina Boulevard Between the Hours of 2:00 A.M. and 4:00 A.M.
2 July 17, 2025 - 3 - 6:30 PM
F. Award the Construction Contract for the 2024 Slurry Seal Project to VSS International, Inc. in the Amount of $313,211.00, and Authorize the Mayor to Sign the Contract G. Accept the Annual Military Equipment Report per California Assembly Bill 481 H. Approve Revised Silverspot Nursery School Lease Agreement I. Authorize Staff to Release a Request for Proposals to Lease or Manage the Visitacion Garden Senior Housing Development
J. Acquisition of Five Properties in the Brisbane Acres for Purposes of Open Space and Habitat Conservation
(With escrow fees, the total cost to the City will be approximately $855,000. The City will use the funds received from the recent sale of vacant property in Crocker Park to purchase these properties. This action is not subject to further environmental review as it is not a project under the California Environmental Quality Act. CEQA Guidelines, Section 15378(b)(4))
K. Adopt a Resolution, “Imposing National Pollutant Discharge Elimination System Compliance Fees on Commercial Property Owners Within an Identified Study Area,” authorizing placement of said charges on the 2025-2026 County Tax Roll, and authorizing the County Tax Collector to collect such charges” (The NPDES Commercial Property Fees is anticipated to generate $279,854 to assist in offsetting the NPDES budget shortfall.)
PUBLIC HEARING
L. City of Brisbane Local Stormwater Program Fees
1. Open the Public Hearing and take public comment. Close the Public Hearing, and if appropriate, overrule any objections to the imposition of fees related to the National Pollutant Discharge Elimination System (NPDES)
2. Consider Adoption of a Resolution, “A Resolution of the City Council of the City of Brisbane Imposing Charges for Funding the Local Brisbane Stormwater Program, Authorizing Placement of Said Charges on the 2025-2026 County Tax Roll and Authorizing the County Tax Collector to Collect Such Charges.” M. Imposition of Fiscal Year 2025-2026 Tax Roll Charges for the Sierra Point Landscaping and Lighting District
1. Hear Statement of Engineer of Record, Read Mayor’s Statement, Hear City Clerk Statement, Open Public Hearing to hear any testimony, Close Public Hearing
2. Consider Adoption of proposed Resolution Addressing Objections and Ordering the Improvements and Confirming the Diagrams and Assessment for Fiscal Year 2025-2026 for the Sierra Point Landscaping and Lighting District. 3 July 17, 2025 - 4 - 6:30 PM
NEW BUSINESS
N. Review of Residential Parking Permit Program on Thomas Avenue and Request for City Council Direction
(Staff is recommending to consider the feedback from Thomas Avenue residents and provide direction whether to continue, modify or end the Residential Parking Permit Program on Thomas Avenue.)
O. Receive the Complete Streets Safety Committee (CSSC) Recommended Safety, Traffic Flow, and Parking Improvements to the Visitacion Avenue Corridor and Provide Direction to Staff on their Implementation
P. Consider Authorizing Staff to Release a Request for Proposals for City Attorney Services
STAFF REPORTS
Q. City Manager’s Report- City Updates and Upcoming Activities
MAYOR/COUNCIL MATTERS
R. Countywide Assignments and Subcommittee Reports
i. Report Out on Subcommittee Meetings
ii. Upcoming Subcommittee Meetings
S. Written Communications
ORAL COMMUNICATIONS NO. 2
ADJOURNMENT
4 File Attachments for Item:
C. Approve Minutes of City Council Special Meeting of June 26, 2025 5 BRISBANE CITY COUNCIL
ACTION MINUTES
JOINT CITY COUNCIL, SUCCESSOR AGENCY, HOUSING AUTHORITY, & GUADALUPE VALLEY MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING AGENDA
THURSDAY, JUNE 26, 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
Councilmember Kern will teleconference from 1373 N. Hawley Road, Milwaukee, WI 53208. 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: Assistant City Manager Fernandez, City Clerk Padilla, City Attorney McMorrow, Finance Director Yuen, Parks and Recreation Director Leek, Assistant to the City Manager Cheung, Community Development Director Swiecki, City Engineer Breault, Deputy Fire Chief Abelson, Management Analyst Brown, Police Commander Garcia, Police Chief Macias, Parks and Recreation Supervisor Houghton, Management Analyst Brown, Admin Management Analyst Ibarra and Communications & Digital Media Coordinator Ordoña
ADOPTION OF AGENDA
Councilmember Mackin made a motion, seconded by Councilmember O’Connell, 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
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City Council Meeting Minutes
June 26, 2025
AWARDS AND PRESENTATIONS
B. Proclaiming July 2025 as Park and Recreation Month
Mayor Lentz recognized July as Park and Recreation Month in the City of Brisbane. Parks and Recreation Director Noreen Leek accepted the proclamation and showed a video highlighting all the activities of the Parks and Recreation Department.
ORAL COMMUNICATIONS NO. 1
No members of the public wished to make public comment.
CONSENT CALENDAR
C. Approve Minutes of City Council Meeting of June 5, 2025 D. Approve Minutes of City Council Closed Session Meeting of June 5, 2025 E. Approve Investment Report as of May 2025
F. Approve Co-Sponsorship of Excelsior Running Club Event G. Approve Co-Sponsorship of Sierra Point Yacht Club Regatta H. Adopt a Resolution establishing the Appropriation Limit for Fiscal Year 2025-2026 I. Approve Sierra Point Landscaping and Lighting District Annual Appointments, Preliminary Approval of Engineer’s Report and Intention to Order the Levy and Collection of Assessments
1. Approve Resolution “Appointing Attorney for the Sierra Point Landscaping and Lighting District for the Fiscal Year 2025-2026”
2. Approve Resolution “Appointing Engineer for the Sierra Point Landscaping and Lighting District for the Fiscal Year 2025-2026”
3. Approve Resolution, “A Resolution of Preliminary Approval of Engineer's Report -Fiscal Year 2025- 2026 - Sierra Point Landscaping and Lighting District”
4. Approve Resolution “A Resolution of Intention to order the levy and collection of assessments pursuant to the Landscaping and Lighting Act of 1972 - Fiscal Year 2025-2026 - Sierra Point Landscaping and Lighting District”
Councilmember Davis made a motion, seconded by Councilmember O’Connell, to approve Consent Calendar Item C-E and H-I. The motion was carried unanimously by all present.
Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None
Absent: None
Abstain: None
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City Council Meeting Minutes
June 26, 2025
Mayor Lentz recused himself from Consent Calendar F and left the room. After some Council questions, Council directed staff to provide a report within 30 days of an event how much money was raised at a forprofit/City co-sponsored event, community groups received the funds, and how much the community groups received. Councilmember O’Connell made a motion, seconded by Councilmember Davis, to approve Consent Calendar Item F. The motion passed with 4 votes, and 1 recusal.
Ayes: Councilmembers Davis, Kern, Mackin, and O’Connell Noes: None
Absent: None
Abstain: None
Recused: Mayor Lentz
Mayor Lentz returned to the room and was updated on council directions regarding Consent Calendar Item F.
Councilmember O’Connell recused herself from Consent Calendar Item G and left the room. Councilmember Davis made a motion, seconded by Councilmember Mackin, to approve Consent Calendar Item G. The motion passed with 4 votes, and 1 recusal.
Ayes: Councilmembers Davis, Kern, Mackin and Mayor Lentz Noes: None
Absent: None
Recused: Councilmember O’Connell
CONTINUED PUBLIC HEARING
J. Consider Adoption of Resolutions to Approve the Budget for Fiscal Year 2026 and Fiscal Year 2027 (This item was continued from the Joint City Council Meeting of June 5, 2025) i. Adopt Resolution adopting the annual budget for Fiscal Year 2026 and Fiscal Year 2027 and making appropriations for the amounts budgeted for the City, the Successor Agency and Housing Authority
ii. Adopt Guadalupe Valley Municipal Improvement District Resolution adopting the annual budget for Fiscal Year 2026 and Fiscal Year 2027 and making appropriations for the amounts budgeted Finance Director Yuen reported that at the City Council Meeting of June 5, 2025, staff presented an overview of the budget to the City Council. Due to time constraints, staff members were unable to initiate reviews of departmental budgets and had to continue the public hearing. Councilmembers directed staff to return and bring back at the City Council Meeting of June 26, 2025, departmental budgets including variances from previous year and budgeted requests.
Finance Director Yuen added that at the City Council Meeting of June 5, 2025, staff presented an overview of the budget for Fiscal Years 2025/26 and 2026/27 to result in a use of funds in the amount of $1.023 million and $1.752 million, respectively. However, between meetings, additional information became known to staff which warranted adjustments be made to two departments – the City Manager Department Budget decreased in FY25/26 and FY26/27 by $173K and $177K, respectively, and Central Services’ Department Budget increased in FY26 by $50K and no change in FY26/27. The adjustments resulted in an overall reduction to General Fund 8 C.
City Council Meeting Minutes
June 26, 2025
FY25/26 expenses from $32,301,000 to $32,178,000 and a reduction of the FY26/27 expenses from $33,379,000 to $33,202,000.
Lastly, Finance Director Yuen also reported that the General Fund budget for Fiscal Year 2025/26 is balanced within available resources. The anticipated Net Use of Fund Balance is $901,000. The General Fund budget for Fiscal Year 2026/27 is balanced within available resources. The anticipated Net Use of Fund Balance is $1,575,000. She further explained that staff is recommending doing the following: continue to provide necessary services, actively fill open positions, adopt budget as requested and continue funding pension reserve but evaluate at mid-year.
Council received the presentations from the following departments:
1. City Council
2. City Manager
3. City Clerk
4. Finance
5. Human Resources
6. Community Development
7. Police Department
8. Fire Department
9. Public Works / Utilities / Marina/Library
10. Parks & Recreation
11. Central Services
After Council questions with department staff, Council took a brief break.
Mayor Lentz opened the Public Hearing. No members of the public wished to speak.
After Council discussion, staff was directed by Council provide more information about overtime pay, and more details on spending and revenue for services and what is off setting the budget for each department.
Councilmember Davis made a motion, seconded by Councilmember O’Connell, to extend the meeting until 10 p.m. The motion was carried unanimously by all present.
Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None
Absent: None
Abstain: None
After Council discussion, Councilmember O’Connell made a motion, seconded by Councilmember Davis, to Adopt Resolution adopting the annual budget for Fiscal Year 2026 and Fiscal Year 2027. The motion was carried unanimously by all present.
Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None
Absent: None
Abstain: None
Councilmember Mackin made a motion, seconded by Councilmember Davis, to Adopt Guadalupe Valley 9 C.
City Council Meeting Minutes
June 26, 2025
Municipal Improvement District Resolution adopting the annual budget for Fiscal Year 2026 and Fiscal Year 2027. The motion was carried unanimously by all present.
Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None
Absent: None
Abstain: None
Councilmember Davis made a motion, seconded by Councilmember O’Connell, to Adopt Resolution adopting the annual budget for Fiscal Year 2026 and Fiscal Year 2027 making appropriations for the amounts budgeted for the City, the Successor Agency and Housing Authority. The motion was carried unanimously by all present.
Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None
Absent: None
Abstain: None
STAFF REPORTS
K. City Manager’s Report- City Updates and Upcoming Activities Assistant City Manager Fernandez reported on upcoming City activities and shared the latest updates.
MAYOR/COUNCIL MATTERS
L. Recruitment for City Committees and Commissions
City Clerk Padilla reported that due to resignations, terms expiring by January of 2026 and unfilled seats, staff will need to recruit almost 20 volunteers to fill seats on the City’s Committees and Commissions. Council directed staff to begin recruitment and interview before the end of the year and to return to Council with engaging and inspiring recruitment strategies in addition to the coordination of the citizen’s academy Brisbane 101 in the Fall.
M. Countywide Assignments and Subcommittee Reports
i. Report Out on Subcommittee Meetings
ii. Upcoming Subcommittee Meetings
Councilmembers reported on their subcommittee meetings and county assignments. Mayor Lentz requested to work with Councilmember Davis on the Housing Subcommittee to talk about potential partnership opportunity with HEART of San Mateo County.
N. Written Communications
Councilmembers received the following correspondences from members of the public:
Straw (06-10-2025) Charging Rate Increases Mission Blue Rec Florkowski (06-06-2025) Shuttle
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City Council Meeting Minutes
June 26, 2025
Zavodnik (06-05-2025) Shuttle
Montiel (06-06-2025) Shuttle
McCullough (06-18-2025) Rape Case
Kircher (06-10-2025) Quarry
Iverson (06-10-2025) Quarry
Mecer (06-10-2025) Quarry
Dykes (06-25-25) Dangerous Situation for Pedestrians at Brisbane Elementary ORAL COMMUNICATIONS NO. 2
Michele Salmon commented that the budget should take care of the worst problems first such as infrastructure for water and sewer to serve the entire population of the City.
Councilmember Davis made a motion, seconded by Councilmember O’Connell, to extend the meeting until 10:07 p.m. The motion was carried unanimously by all present.
Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None
Absent: None
Abstain: None
ADJOURNMENT
Mayor Lentz adjourned the meeting at 10:06 P.M.
Ingrid Padilla
City Clerk
11 C.
File Attachments for Item:
D. Approve Amendment to Reimbursement Agreement with 90 Santa Clara 12 CITY COUNCIL AGENDA REPORT
Amendment to Reimbursement Agreement with Parties who Page 1 of 2 Constructed San Francisco Avenue Extension
Meeting Date: July 17, 2025
From: Director of Public Works/City Engineer
Subject: Amendment to Reimbursement Agreement with Parties who Constructed San Francisco Avenue Extension
The proposed Amendment is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (2)).
Recommendation
Approve the “First Amendment to Reimbursement Agreement and Addendum to Reimbursement Agreement” and authorize the City Manager to sign the document on the city’s behalf.
Background
The owners of the properties at 90 Santa Clara Street and 29 San Francisco Avenue submitted plans in the early 2000s to build new single family dwellings at these addresses. One of the conditions of approval from the Department of Public Works was the requirement to widen both streets and extend Santa Clara so that it connected with San Francisco.
The completed road widening benefits another property because that undeveloped address will not be required to conduct road widening if they submit building plans for approval that would subject them to the requirements of BMC §15.08.140. Therefore, the owners of 90 Santa Clara Street and 29 San Francisco Avenue requested the City enter into a reimbursement agreement which provided a mechanism and formula for them to obtain reimbursement from other “benefiting parties” if they should develop their properties within twenty (20) years from the date of the agreement.
A copy of the Reimbursement Agreement recorded 6/19/07 and the Addendum to the Reimbursement Agreement recorded 1/9/08 is attached.
Discussion
The term of the Reimbursement Agreement is scheduled to expire May 9, 2027. As the one remaining benefitting property is not yet developed, the parties who paid for construction of the roadway extension have asked the city to extend the term of the Agreement to May 9, 2037.
Staff finds this to be a fair and equitable request. The proposed Amendment has been prepared by city’s Legal Counsel.
Fiscal Impact
None to the city as a result of approving this Amendment. 1 of 20
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Amendment to Reimbursement Agreement with Parties who Page 2 of 2 Constructed San Francisco Avenue Extension
Environmental Review
Approval of this amendment does not need further environmental review under the California Environmental Quality Act (CEQA) as it is general policy and procedure making not applied to a specific instance and therefore it is not a “project”(California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, §15378 (b) (2)). The environmental review required for the street improvements completed in 2007 was conducted along with the review for the construction of new single family dwellings at 29 San Francisco Avenue and 90 Santa Clara Street.
Attachments
1. Recorded Reimbursement Agreement and Addendum to the Reimbursement Agreement
2. Proposed Amendment to Reimbursement Agreement
___________________________________ ___________________________________ Randy Breault, Public Works Director Jeremy Dennis, City Manager 2 of 20
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EXHIBIT "A"
Legal Descriptions
PARCEL 1:
Owner: MAHER H NIJEM, RABAH M NIJEM, HAMDI A NIJEM, and HANA HNIJEM
Property: 29 San Francisco Avenue; Assessor's Parcel No. 007-241-010 All that certain land situated in the State of California, County of San Mateo, City of Brisbane, described as follows:
MAP
Lots 31 and 32, in Block 38 as shown on that certain map entitled, "AMENDED OF SUBDIVISION NOS. 1, 2 & 3 OF CITY OF VISITACION, CALIFORNIA", filed in the office of the County Recorder of San Mateo County, State of California on October 14, 1908 in Book 6 of Maps at Page 45.
PARCEL 2:
Owner: HAMDI A NIJEM and HANA H NIJEM
Property: 90 Santa Clara Street; Assessor's Parcel No. 007-233-220 All that certain· land situated in the State of California, County of San Mateo, City of Brisbane, described as follows:
LOTS 23 AND 24 IN BLOCK 38, AS SHOWN ON THAT CERTAIN MAP ENTITLED "AMENDED MAP OF SUBDIVISION ONE, TWO AND THREE OF THE CITY OF
VISITACION, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AS PER MAP DATED OCTOBER 14, 1908 AND RECORDED IN BOOK 6 OF MAPS AT PAGE 45 RECORDS OF SAN MATEO COUNTY, STATE OF CALIFORNIA.
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1 Recording requested by and
After recording, return to:
City of Brisbane
50 Park Place
Brisbane, CA 94005
No fee required: Government Code,
Section 27383
FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT
AND ADDENDUM TO REIMBURSEMENT AGREEMENT
This First Amendment to Reimbursement Agreement and Addendum to Reimbursement Agreement (“First Amendment”) is made July ___, 2025 between the City of Brisbane, a Municipal Corporation (“City”) and Hamdi A. Nijem, Hana H. Nijem, Maher H. Nijem, and Rabah M. Nijem (“Owners”).
Recitals
A. Owners are respectively the owners of certain real property in the City of Brisbane, County of San Mateo, California, commonly known as 29 San Francisco Avenue, APN 007-241- 010 and more particularly described in the attached Exhibit A as Parcel 1.
B. Owners Hamdi A. Nijem and Hana H. Nijem are the sole owners of certain real property in the City of Brisbane, County of San Mateo, California, commonly known as 90 Santa Clara Street, APN 007-233-220 and more particularly described in the attached Exhibit A as Parcel 2.
C. Collectively, the properties described in the attached Exhibit A will be referred to as “the Properties”.
D. In 2007, Owners were constructing on the Properties a single family residence and as a condition for approval of such development the City required Owners to widen and extend Santa Clara Street and San Francisco Avenue (the “Street Improvements”).
E. As a result of the Street Improvements, the City determined the owner of the property located at 80 Santa Clara Street (APN 007-233-320) would benefit from the Street Improvements (the “Benefitted Property”) since a similar requirement to widen the street would have been imposed on the development of the Benefitted Property.
F. City and Owners entered in a Reimbursement Agreement, dated May 9, 2007, and recorded on June 19, 2007, Instrument Number 2007-093855, San Mateo County Records, for the purpose of allocating a proportionate share of the cost of the Street Improvements between 17 of 20
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2 the Owners and the owner of the Benefitted Property and providing for a reimbursement to the Owners of such proportionate share from the owner of the Benefitted Property should development of the Benefitted Property occur during the term of the Reimbursement Agreement.
G. The Reimbursement Agreement has a term of twenty years from May 7, 2007.
H. Following the construction of the Street Improvements, City certified that the cost of the Street Improvements was $439,344.25 and determined that 66.7% of the cost ($293,042.61) is to be allocated to Owners and 33.3% of the cost ($146,301.64) is to be allocated to the property owner of the Benefitted Property, 80 Santa Clara Street (APN 007-233-230).
I. The Benefitted Property has not been developed and it is uncertain when such development will occur.
J. Owners have requested that the Reimbursement Agreement and Addendum to the Reimbursement Agreement be extended for an additional ten years so that Owners would be reimbursed should the Benefitted Property develop after May 2027.
K. It is fair and equitable to Owners to extend the Reimbursement Agreement and Addendum to the Reimbursement Agreement as requested.
NOW, THEREFORE, it is agreed as follows:
1. Section 5 of the Reimbursement Agreement is amended as follows:
“5. The Reimbursement Agreement and Addendum to the Reimbursement Agreement shall remain in effect for a period of 30 years from May 9, 2007.”
2. In all other respects, the Reimbursement Agreement and Addendum to the Reimbursement Agreement shall remain in full force and effect.
IN WITNESS THEREOF, the parties have executed this First Amendment on the date first written above.
[Signatures on next page]
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3 CITY OF BRISBANE OWNERS
Jeremy Dennis, City Manager Hamdi A. Nijem
Hana H. Nijem
Maher H. Nijem
Rabah M. Nijem
Approved as to form:
Michael Roush, Legal Counsel
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File Attachments for Item:
E. Adopt a Resolution Prohibiting Parking at the Bay Conservation and Development Commission’s Public Parking Area Within 7000 Marina Boulevard Between the Hours of 2:00 A.M. and 4:00 A.M.
33 Resolution No. 2025-XX Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: July 17, 2025
From: Police Commander Mario Garcia
Subject: Restrict Overnight Parking at 7000 Marina Boulevard Recommendation
Adopt a resolution prohibiting parking between the hours of 2 a.m. and 4 a.m. at the Bay Conservation and Development Commission’s public parking area within the 7000 Marina Boulevard property in Sierra Point.
Background
The San Francisco Bay Conservation & Development Commission (BCDC) has regulatory authority over a band of land extending 100 feet from the shoreline of the Bay. That band of land includes property owned by PPF OFF 7000 Marina BLVD, LP (“Property Owner”) located, at 7000 Marina Boulevard in the Sierra Point area. As one of the conditions to approve development of this property, Property Owner was required to obtain a permit from BCDC and to provide public parking spaces on its private property for the public to have access to the bayfront. The permit, as first issued, restricted the hours of access/use of these spaces on private property, Monday through Friday, 8 AM to 5 PM.
As noted in the attached letter from Property Owner, the City’s Police Department has observed at 7000 Marina Boulevard an increased occurrence of use of these spaces by persons owning RVs who use the spaces as permanent parking, improperly dispose human waste into the City sewer system, and park in the spaces required by BCDC to be reserved for public use, thereby preventing the general public use of these parking spots Police department staff and BCDC staff subsequently worked with Property Ownerand provided supporting documentation for its request to BCDC for a permit modification that would prohibit parking in the mandated public spaces between the hours of 2 AM and 4 AM. Through discussions with Property Owners and BCDC, the existing permit has been modified to add no parking restrictions between 2 AM and 4 AM.
Discussion:
The California Vehicle Code permits cities to tow vehicles on private property, provided that signage is placed advising of the times when parking is prohibited, and that the city has adopted a resolution to prohibit parking at this location during the stated hours The attached resolution would prohibit the parking of vehicles in these designated spaces between the hours of 2 AM and 4 AM. Any vehicle parking in those spaces between those hours would be subject to being towed, assuming the required signage has been posted. 1 34
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Resolution No. 2025-XX Page 2 of 2
Fiscal Impact
There is no fiscal impact as a result of this action. The property owner has agreed to install and maintain the required signage.
Attachments:
1. Resolution No. 2025-XX
2. Property Owners’ letter to City staff (minus BCDC permit) ___________________________________ ___________________________________ Mario Garcia, Police Commander Jeremy Dennis, City Manager 2 35
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RESOLUTION NO. 2025-XX
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE PROHIBITING PARKING AT THE BCDC PUBLIC PARKING AREA WITHIN 7000 MARINA BOULEVARD BETWEEN THE HOURS OF 2:00 AM AND 4:00 AM WHEREAS, PPF OFF 7000 Marina Blvd, LP is the owner of property located at 7000 Marina Boulevard, identified as APN 007-165-120; and
WHEREAS, the San Francisco Bay Conservation & Development Commission (BCDC) has issued a permit requiring the development on this property to provide twenty two (22) public parking spaces in order to provide access to the band of land extending 100 feet from the shoreline of San Francisco Bay; and
WHEREAS, BCDC has amended the permit such that parking may be prohibited at these spaces between the hours of 2:00 AM and 4:00 AM; and WHEREAS, California Vehicle Code (CVC) Section 22651(n) allows a local authority to adopt by resolution the prohibition of parking and removal of vehicles when signs are posted giving notice that parking is prohibited and that vehicles parked in violation may be removed; and
WHEREAS, PPF OFF 7000 Marina Blvd, LP has requested the City adopt a resolution to prohibit parking in the public parking spaces as described above between the hours of 2:00 AM and 4:00 AM and has agreed to install and maintain the signage required by CVC §22651(n).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRISBANE RESOLVES AS FOLLOWS:
Section 1. Parking is prohibited between the hours of 2:00 AM and 4:00 AM in the public spaces located at 7000 Marina Boulevard.
Section 2. The Brisbane Police Department is authorized to remove, or cause the removal of, any vehicle parked or left standing in violation of the parking restrictions set forth in this Resolution, provided that the owner of the property has installed and maintained signage that is in compliance with CVC §22651(n).
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Cliff Lentz, Mayor
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Brisbane held on the seventeenth day of July 2025, by the following vote:
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RESOLUTION NO. 2025-XX
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
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Ingrid Padilla, City Clerk
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File Attachments for Item:
F. Award the Construction Contract for the 2024 Slurry Seal Project to VSS International, Inc. in the Amount of $313,211.00, and Authorize the Mayor to Sign the Contract. 40 Award 2024 Slurry Seal (No. 924G) Page 1 of 1
CITY COUNCIL AGENDA REPORT
Meeting Date: July 17, 2025
From: Karen Kinser, Deputy Director of Public Works
Subject: Award of 2024 Slurry Seal Contract (Project No. 924G) This work is categorically exempt from CEQA per CCR Title 14 §15302.
Recommendation: Award the construction contract for the 2024 Slurry Seal to VSS International, Inc. in the amount of $313,211.00, and authorize the Mayor to sign the Agreement for the City.
Background and Discussion
The City solicited bids for the City’s slurry seal project for 2025. The project includes striping of a new bike lane on Old County Road. The City received three bids on July 2, 2025:
VSS International $313,211.00
American Asphalt Repair $321,515.00
Pavement Coatings Co. $328,157.00
Staff reviewed the apparent low bid and determined that the proposal was responsive, and the bidder was responsible. Impacts to transit users, pedestrians, cyclists, and the motoring public will be minimal during construction, which is expected to begin in August 2025. The contractor will be required to keep one lane of traffic open during work on Old County Rd. at all times.
Environmental Review
The pavement project is categorically exempt from provisions of CEQA in that the proposals are 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”).
Fiscal Impact: 2023-2024 RMRA Funds and Measure A Sales Tax and State Gas Tax revenues will fund this project.
Karen Kinser, Deputy Director of Public Works
Randy Breault, Director of Public Works/City Engineer
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Jeremy Dennis, City Manager
41 F.
File Attachments for Item:
G. Accept the Annual Military Equipment Report per California Assembly Bill 481 42 2024 AB481 report Page 1 of 6
CITY COUNCIL AGENDA REPORT
Meeting Date: July 17, 2025
From: Commander Mario Garcia
Subject: Annual Military Equipment Report per California Assembly Bill 481
RECOMMENDATION: Accept the Annual Military Equipment Report for 2024 That Includes the Addition of New Equipment to the Inventory
BACKGROUND:
On September 30, 2021, Assembly Bill 481 (AB-481) was codified into Government Code Sections 7070–7075, requiring the governing body of a law enforcement agency to adopt a "Military Equipment Use" policy.
The Brisbane Police Department presented and received City Council approval of its Military Equipment Use Policy via ordinance on March 3, 2022.
AB-481 also requires agencies to prepare an annual Military Equipment Report containing information from the preceding year, including a description of the purpose and use of covered equipment, any complaints received, audit results, and inventory costs, along with any plans to acquire new equipment in the upcoming year.
The Military Equipment Annual Report for 2024 (Attachment 1) has been prepared in compliance with these requirements.
DISCUSSION:
To meet AB-481 requirements, the Police Department reviewed its current inventory and policy compliance.
The Department does not possess any tactical equipment obtained from the military, nor does it possess any equipment originally designed exclusively for military use.
During the 2024 calendar year:
• No complaints related to military equipment were received. • An internal audit found no violations of the Military Equipment Use Policy.
Addition to Inventory :
As part of the 2025 AB-481 Annual Report and update process, the Department has added three (3) Defense Technology 40mm Single Launchers to its Military Equipment Inventory.
These purpose-built, less-lethal platforms will be used in place of traditional bean bag shotguns. 1 43
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2024 AB481 report Page 2 of 6
Key benefits include:
• Greater accuracy and engagement range (up to 30–50 meters). • Safer impact profiles specifically engineered to minimize serious injuries. • Dedicated less-lethal appearance and function to reduce misidentification risk. • Capability to deploy multiple types of less-lethal munitions.
Significant Incident – August 28, 2024 (Brisbane PD Case #24-0828-004):
On August 28, 2024, officers responded to a 911 call from a 13-year-old child at a local hotel reporting that her mother was assaulting her with a machete. The investigation revealed that the mother had physically assaulted the child—choking her, punching her multiple times, and striking her leg with a machete. Officers attempted to make contact, but the mother refused to open the door and forcibly prevented the child from doing so.
Given the presence of nine children in the room and the volatile nature of the situation, the North County Regional SWAT team was activated. Their coordinated response and use of crisis negotiation tactics resulted in a peaceful resolution, with the mother surrendering without further incident. The SWAT activation was critical in safely removing the children and apprehending the mother.
The mother was arrested and charged with assault with a deadly weapon, child abuse, false imprisonment, and attempted murder. Child Protective Services was notified, and medical and forensic examinations were arranged for the child. A follow-up investigation was initiated regarding additional allegations of abuse.
This incident highlights the importance of interagency collaboration and the vital role of the North County Regional SWAT team in ensuring the safety of vulnerable individuals during highrisk situations.
FISCAL IMPACT:
There is no fiscal impact in Council’s acceptance of this Report. The purchases of new equipment had been budgeted in fiscal year 2024-2025.
ATTACHMENTS:
• Attachment 1 – 2025 Military Equipment Annual Report
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2024 AB481 report Page 3 of 6
________________________ ___ __________________________ Mario Garcia, Police Commander Jeremy Dennis, City Manager 3 45
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2024 AB481 report Page 4 of 6
Attachment 1
MILITARY EQUIPMENT INVENTORY 2024
Qualifying Equipment / Owned by the Brisbane Police Department:
Equipment Name: 40mm Defense Technology Less Lethal Launcher – CA Gov’t Code 7070 (c) (14) Quantity owned /Sought: 3 owned Lifespan: 10 years
Equipment Capabilities: The Defense Technology 40mm Less Lethal Launcher is a shoulder-fired device designed to deploy less-lethal munitions such as foam baton rounds, chemical agents, and marking rounds. It allows officers to engage subjects from a greater distance, enhancing safety and accuracy during high-risk encounters.
Manufacturer Product Description: The Defense Technology 40mm LMT Tactical Single Launcher is a shoulder-fired launcher designed for less-lethal munitions. It has a 14-inch rifled barrel, a double-action trigger, and an ambidextrous breach release. The launcher includes an adjustable stock, a front grip with a light rail, and accessory rails for mounting optics. It can fire standard 40mm rounds up to 4.8 inches in length and has sling mounts for easy carrying.
Purpose/Authorized Use: The 40mm Def Tech Launcher is intended for use in a less-lethal use-of-force option.
Fiscal Impacts: The Initial cost of this equipment was approximately $1300. The ongoing costs for munitions will vary per year, but the estimated cost is approximately $700.
Legal/Procedural Rules Governing the Use: All applicable State, Federal, and Local laws governing police use of force. Various Brisbane Police Department policies on Use of Force and Crowd Control.
Training Required: Officer must complete a department-certified less lethal course as well as regular training and qualifications as required by law and policy.
Other Notes: None
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2024 AB481 report Page 5 of 6
Qualifying Equipment known to be owned and/or utilized by law enforcement units with which the Brisbane Police Department collaborates and/or participates for law enforcement purposes 5 47
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2024 AB481 report Page 6 of 6
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File Attachments for Item:
H. Approve Revised Silverspot Nursery School Lease Agreement 49 CITY COUNCIL AGENDA REPORT
Meeting Date: July 17, 2025
From: Jeremy Dennis, City Manager
Noreen Leek, Parks and Recreation Director
Subject: Silverspot Nursery School Lease Agreement
Recommendation
Staff recommend that the City approve a revised Lease Agreement with the Silverspot Nursery School (“Silverspot”).
Background
Since 2003, Silverspot has leased a City facility at 4 Solano Street and since 2019 the tenancy has been on a month-to-month basis, at a monthly rent of $310.
At its May 1, 2025 meeting, City Council met to discuss the current Lease Agreement and provided staff direction to revise the Lease Agreement. The revised Lease Agreement is attached (Attachment 1) showing the revisions that staff have made. Silverspot is in agreement with these changes. Staff recommends Council approve these revisions.
Discussion
Per the Council’s direction, the revised Lease Agreement provides:
1. A term of two years; the 2003 Lease Agreement had a term of five years.
2. Increases the monthly rent from $310 to $1,000, but the waiver provision remains if certain conditions are satisfied (see Article 3).
3. Reduces the number for minimum enrollment from 20 to 15; if the number falls below 15, Silverspot is in default but may cure.
4. Revises provisions describing responsibility for repairs/maintenance to the facility (see Article 8).
5. Clarifies responsibilities for payment of utilities and services (Article 6).
Fiscal Impact
There are minimal City costs associated with approval of the Lease Agreement. The City will collect rent from Silverspot unless Silverspot meets the criteria established for waiver of rent.
City may incur costs associated with significant structural repairs and any replacement of the plumbing, HVAC, and electrical systems.
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Attachments
1. Revised Lease Agreement
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Jeremy Dennis, City Manager Noreen Leek, Parks & Recreation Director 22 51
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LEASE AGREEMENT
THIS LEASE AGREEMENT, (“Lease”) effective as of DATEAugust 1, 2025, between THE CITY OF BRISBANE, a municipal corporation ("Landlord") and SILVERSPOT NURSERY SCHOOL, a California nonprofit corporation ("Tenant"). Landlord and Tenant are sometimes referred to in this Lease jointly as the "Parties" and individually as a "Party.
RECITALS
A. Landlord is the owner of the real property and improvements thereon located at 4 Solano Street, in the City of Brisbane, County of San Mateo, State of California, as more particularly shown in the drawing attached hereto as Exhibit "A" and incorporated herein by reference ("the Property").
B. Landlord and Tenant have been in a landlord and tenant relationship as to the Property since March 2003; since June 1, 2019, the tenancy has been on a month to month basis.
C. Tenant has requested Landlord to enter into this Lease and Landlord is willing to enter into this Lease on the terms and conditions set forth herein.
NOW, THEREFORE, for the consideration set forth herein, Landlord and Tenant agree as follows:
ARTICLE 1
PROPERTY AND COMMON AREAS
1.01 Landlord, for and in consideration of the rents, covenants and agreements on the part of the Tenant to be paid, kept and performed, does hereby lease the Property to Tenant and Tenant does hereby rent the Property from Landlord, on the terms of conditions set forth in this Agreement.
1.02 Tenant shall have the non-exclusive right to use the playground area adjacent to the Property, it being understood that such playground area shall at all times remain open and available for use by the general public. Tenant shall also have the non-exclusive right to use the public parking spaces on Solano Street for all of Tenant's off-street parking requirements, subject to any rules and regulations concerning such use as may be adopted by Landlord from time to time, and Tenant shall not be required to provide any parking facilities on the Property. The execution of this Lease by Landlord shall constitute a waiver of any and all off-street parking requirements that might otherwise be applicable to Tenant's use and occupancy of the Property.
ARTICLE 2
TERM
2.01 The term of this Lease shall be a period of five two years, commencing on DATEAugust 1, 2025 (the "Commencement Date") and ending on DATE July 31, , 2027, unless sooner terminated as provided herein.
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2.02 Tenant may request to renew the Lease for an additional term of five two years, i.e., from August 1, 203027 until July 31, 202935, (the “Renewal Term”) by giving written notice to Landlord of Tenant’s no earlier than January 1, 2027DATE and request no later than DATEApril 1, 2027.
2.03 At the written request of Tenant for an extension of the Lease term, which shall be submitted as provided in Section 2.02, LandlordCity shall conduct a performance review of Tenant's operations on the Property to determine whether such operations have been conducted to the reasonable satisfaction of the LandlordCity. The factors to be considered for such review shall include, but are not limited to, number of children served, number of Brisbane residents and persons employed in Brisbane utilizing Tenant’s childcare services, hours of operation, compliance by Tenant with the terms and conditions of this Lease, and the nature of complaints, if any, received by Landlord concerning the childcare or other services provided by Tenant at the Property. If the LandlordCity determines, in its sole discretion, that Tenant's operations have been conducted in a satisfactory manner, the term of this Lease shall be further extended for an additional five two years as provided in Section 2.02.. Thereafter, the Lease shall be renewed for additional one-year terms upon approval of each extension by the City Manager. Landlord may require , and a performance review before any extension is granted.may be conducted if recommended by the City Manager or requested by the City Council.
2.04 Notwithstanding any other provision of this Lease, Tenant may terminate this Lease at any time during the Lease term by giving sixty (60) days prior written notice to Landlord.
ARTICLE 3
RENT/WAIVER OF RENT
3.01 The monthly rent shall be $1,000310; provided, however, Landlord shall waive the payment of monthly rent (“Monthly Waiver”) if Tenant expends an equivalent amount of the monthly rent in a manner that, in Landlord’s sole discretion, provides a direct benefit to the Brisbane community, such as provided in Section 3.02.
3.02 Landlord approves Tenant's proposed use of the Monthly Waiver toward a Tuition Assistance Program operated by Tenant that will reduce the tuition charged by Tenant to households that require financial assistance to participate in Tenant's childcare program. If the entire Monthly Waiver is not needed for financial assistance as set forth in the previous sentence, Tenant may, with Landlord’s approval, apply any remaining Monthly Waiver toward other uses that will directly benefit the Brisbane community. Tenant shall provide a written annual report to Landlord not later than September 1 describing in reasonable detail the manner in which the Monthly Waiver has been used during the preceding 12 months (but without disclosing the identity of any household receiving financial assistance).
ARTICLE 4
USE AND OPERATION OF THE PROPERTY
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4.01 The Property shall be used and occupied by Tenant solely for operation of a cooperative preschool and childcare facility and activities directly related to such use, such as membership and board meetings, consultations with parents, membership community events, and fundraising events. The Property shall not be used for any other or additional purpose without the prior written consent of Landlord. Tenant shall obtain all state and local permits and licenses that may be required for the conduct of such use and shall keep the same in full force and effect at all times during the term of this Lease. A copy of each permit and license and each extension or renewal thereof shall be provided to Landlord.
4.02 Tenant’s use of the Property shall be in accordance with the following requirements:
(a) Tenant’s services shall be available on a year-round basis on Mondays through Fridays (excluding holidays and school closures), between the hours of 8:00 am and 5:00 pm.
Tenant’s services will not be available for periods of time during the Holiday season generally consistent with periods of time when the Brisbane Elementary School is closed. Tenant shall provide to the Landlord in August an annual schedule showing such closure periods.
(b) The preschool and childcare programs shall be designed for children between the ages of 2 years, and 5 years, 11 months.
(c) Except as Landlord, in its sole discretion, agrees, Tenant shall regularly provide services to not less than 2015 children. Should the number of children fall below 1520, Tenant shall not be considered in default of this requirement if the number is increased to at least 1520 children within 120 days. Tenant shall regularly provide services to not more than the maximum number of children allowed under Tenant’s childcare license issued by the State of California.
(d) In the determination as to which households receive services from Tenant, and to the extent it is permissible under the law, preference shall be given to people living or working in Brisbane. The order of priority shall be as follows: first, households whose children have received services from Tenant in past years; second to Brisbane households whose children have not received service from Tenant or who have not received services in past years; third, to persons employed full time or employed at least 20 hours/week in Brisbane; and fourth, all others. Preferences shall apply only when there are openings and when they become available and do not require termination of services to any household or person currently receiving services from Tenant.
(e) Tenant shall in August of each year provide to Landlord a written annual report showing in the preceding 12 months the number of children enrolled in the program, the ages of the children, place of residence of the children, place of employment of parent(s) of children who are not residents of Brisbane, a general description of the activities conducted, and a summary of Tenant's financial condition. 55 54
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4.03 Tenant shall not use the Property or permit anything to be done in or about the Property within Tenant's reasonable control which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be in force, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of any fire or other insurance covering the Property, or cause any change or cancellation of such insurance. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall not use or allow the Property to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Property or commit or suffer to be committed any waste in, on or about the Property.
ARTICLE 5
CONDITION OF THE PROPERTY,
ALTERATIONS AND IMPROVEMENTS BY TENANT
5.01 The Property is being leasedrented to Tenant in "AS IS" condition and Landlord shall have no obligation to make any alterations or improvements to the Property for the benefit of Tenant. Tenant acknowledges that Tenant has exclusively occupied the Property since 2003 and Tenant is satisfied with and accepts the present condition of the Property.
5.02 Tenant shall not, without the prior written consent of Landlord (which shall not be unreasonably withheld or delayed), make any alterations, additions or improvements in, on or about the Property, or construct, install or paint any sign on the roof or exterior walls of the Property. As a condition to giving such consent, Landlord may require Tenant to provide Landlord a surety bond or other security satisfactory to Landlord to insure Landlord against mechanics' and materialmen's liens and to insure completion of the work. If any work to be performed by Tenant requires the issuance of a building permit or other form of governmental approval, Tenant shall obtain all such permits and approvals at Tenant's own expense before commencement of the work.
5.03 All alterations and improvements, whether temporary or permanent in character, made by Tenant in, on or about the Property, except removable trade fixtures installed at the expense of Tenant, shall, in the absence of a written request by Landlord for their removal, become the property of Landlord and shall remain upon and be surrendered with the Property at the termination of this Lease by lapse of time or otherwise without compensation to Tenant. To the extent Landlord is able to make a determination at the time the installation work is being done, Landlord shall advise Tenant of any alterations or improvements which Landlord desires be removed from the Property at the termination of this Lease; in all other cases, such determination shall be made by Landlord at the time of termination.
ARTICLE 6
UTILITIES AND SERVICES
6.01 Tenant shall pay, in addition to rent, the cost of the following utility and other services furnished to the Property, electricity, gas, water, sewer, telephone, internet, and refuse 66 55
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servicecollection and janitorial service. Whenever possible, Tenant shall establish a separate account with the utility or service provided so that all charges for service are billed directly to Tenant. However, in the event any of such charges are billed to Landlord, Landlord shall submit a statement showing the amount thereof payable by Tenant and Tenant shall pay such amount to Landlord within thirty (30) days after receipt of the statement.
6.02 Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rent provided herein be abated by reason of Landlord's failure to furnish or delay in furnishing any utilities or services when such failure or delay is caused by accident, breakage, repairs, strikes, lockouts or other labor dispute, or by limitation, curtailment, rationing or restrictions on use of electricity, gas, water or other utility, or any other cause, similar or dissimilar, beyond the reasonable control of Landlord.
ARTICLE 7
INDEMNITY AND INSURANCE
7.01 Tenant hereby waives any and all claims against Landlord for damage to any property or injury to or death of any person in, upon or about the Property, arising at any time and from any cause except to the extent caused by the negligence or willful misconduct of Landlord.
Tenant further expressly indemnifies, defends, and holds Landlord harmless from and against any and all claims, demands, causes of action, liabilities, costs or expenses, including reasonable attorney's fees, occasioned by or in any way connected with the condition, use or misuse of the Property, or occasioned by any act or omission of Tenant and Tenant's agents, servants, employees, invitees, subtenants, or other persons who may come upon the Property, for damage to any property or injury to or death of any person except to the extent caused by the negligence or willful misconduct of Landlord. The indemnity obligations of Tenant set forth herein shall survive and continue beyond the term of this Lease.
7.02 Tenant hereby agrees to maintain in full force and effect at all times during the term of this Lease, at Tenant's expense, a policy or policies of comprehensive general liability insurance, insuring against all liability of Tenant and Landlord for bodily injury and property damage arising out of or in connection with Tenant's use and occupancy of the Property and also insuring performance by Tenant of the indemnity provisions set forth in Section 7.01. The amount of such insurance shall be at least $2,000,000.00, combined single limit. However, the amount of such general liability insurance shall not limit Tenant's liability nor relieve Tenant of any obligations under this Lease. The general liability insurance policy shall name Landlord as an insured party thereunder and shall be endorsed to provide that: (i) the insurance provided thereunder shall be primary with respect to Landlord; and (ii) no cancellation or reduction in coverage will be made without twenty (20) days prior written notice to Landlord. A copy of the policy or a certificate of insurance shall be furnished to Landlord. In addition to the foregoing, Tenant shall be responsible for maintaining its own insurance covering the personal property, trade fixtures and removable leasehold improvements owned by Tenant and located upon the Property. Tenant shall also maintain workers compensation insurance coverage as required by law.
7.03 Landlord and Tenant each hereby waive any and all rights of recovery against the other, or against the agents, employees or representatives of the other, on account of loss or damage 77 56
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to the property of the waiving party to the extent that such loss or damage is insured against under any insurance policies which either Landlord or Tenant may have in force at the time of such loss or damage. Tenant shall, upon obtaining the insurance required hereunder, give notice to the insurance carrier that the foregoing mutual waiver of subrogation is contained in this Lease and Tenant shall cause each insurance policy obtained by Tenant to provide that the insurance company waives all right of recovery by way of subrogation against either Landlord or Tenant in connection with any damage covered by such policy.
ARTICLE 8
REPAIRS AND MAINTENANCE
8.01 Tenant shall, at all times during the term hereof and at Tenant's own expense, keep and maintain the Property and every part thereof in good condition and repair, including, without limiting the generality of the foregoing, all plumbing, heating, air conditioning , electrical systems, and lighting fixtures, and all other equipment within the Property that do not require the replacement of the systems themselves, the interior surfaces of walls, ceilings, and floor coverings, and the windows, doors, and glass located within the Property, and the exterior landscaping located within the Property. Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Property as provided by California Civil Code Section 1942 or any other law, statute or ordinance now or hereafter in effect.
8.02 The maintenance and repair obligations of Tenant, as set forth in Section 8.01, the Landlord shall not include any repairs and maintenance to the exterior walls and roof of the Property, any significant, as determined by Landlord, structural repairs, and any necessary replacement of plumbing, heating, air conditioning mechanical or electrical systems., Repairs and maintenance as described in this section, and the same shall be performed by Landlord, at Landlord's own expense, but without liability for failure to do so unless first notified by Tenant in writing of the necessity for such maintenance, repair or replacement. It is also understood that the Tot Lot playground area adjacent to the Property is not being leased to Tenant and Tenant has no responsibility for maintenance of such area. However, Tenant shall not allow any dangerous condition to be created in the Tot Lot playground area as a result of Tenant's own use.
ARTICLE 9
DAMAGE OR DESTRUCTION
9.01 If the Property is damaged, by fire or other casualty to the extent of less than fifty percent (50%) of the floor area of the structure, Landlord shall forthwith repair the same, provided such repairs can, in Landlord's opinion, be completed within ninety (90) days. In such event, this Lease shall remain in full force and effect except that if there is damage to the Property and such damage was not the result of negligence or willful misconduct of Tenant or Tenant's employees or invitees, the rent payable by Tenant shall be abated while the repairs are being made by the extent to which the Property is unusable by Tenant in the normal conduct of Tenant's business. If the repairs cannot, in Landlord's opinion, be completed within ninety (90) days, Landlord shall give written notice of such fact to Tenant within thirty (30) days after the date on which the damage 88 57
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occurred and either Landlord or Tenant may, within thirty (30) days after the giving of such notice, terminate this Lease.
9.02 Notwithstanding the provisions of Section 9.01 above, Landlord shall have the option of terminating this Lease in any of the following circumstances:
(a) Where the damage or destruction arises from a casualty or cause not covered by insurance then in force maintained by Landlord, or if, for any reason, the proceeds from such insurance are not available or are inadequate to cover the entire cost of the repair.
(b) Where the repairs cannot be made by reason of any statute, ordinance, rule or regulation of any governmental authority.
9.03 If Landlord is obligated or elects to repair any damage pursuant to this Article, Landlord shall not be required to repair or replace any improvements installed in the Property by Tenant and Tenant shall, at Tenant's own expense, repair and restore Tenant's own improvements.
9.04 In the event of damage or destruction of the Property to the extent of fifty percent (50%) or more of the floor area of the structure, either party may elect to terminate this Lease.
ARTICLE 10
ASSIGNMENT AND SUBLETTING
10.01 Tenant shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, pledge, hypothecate or encumber all or any part of Tenant's interest in this Lease or in the Property or any part thereof, and any attempt to do so shall be wholly void and shall constitute a breach of this Lease.
10.02 Tenant shall not sublet the Property or any portion thereof without Landlord's prior written consent, which Landlord shall be entitled to withhold in Landlord's absolute and sole discretion. Any request by Tenant for Landlord's approval of a proposed subletting shall be in writing and shall include the following information:
(a) The name and legal composition of the proposed subtenant; (b) The terms and provisions of the proposed sublease, including, but not limited to, the amount of rent or other compensation, if any, to be paid by the subtenant; and (c) Such financial information as Landlord may reasonably request concerning the proposed subtenant.
10.03 No consent by Landlord to any subletting by Tenant shall relieve Tenant of any obligation to be performed by Tenant under this Lease, whether occurring before or after such consent or subletting, including the obligation to indemnify Landlord in accordance with Section 7.01 of this Lease. The consent by Landlord to any subletting shall not relieve Tenant from the obligation to 99 58
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obtain Landlord's express written consent to any other subletting. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provisions of this Lease or to be a consent to any subletting. Consent to one subletting shall not be deemed to constitute consent to any subsequent subletting.
ARTICLE 11
TRANSFER OF LANDLORD'S INTEREST
Landlord shall have the right at any time to sell, transfer, assign, pledge, hypothecate or otherwise dispose of Landlord's interest in the Property and in this Lease. In the event of any such sale, transfer, assignment, pledge, hypothecation or other disposition, all obligations of Landlord hereunder shall devolve upon the transferee and Landlord shall be released and discharged from all further obligation or liability hereunder; provided, that Landlord shall be responsible for any funds in the hands of Landlord in which Tenant has an interest until such funds have been delivered to the transferee. Tenant agrees to attorn to the transferee provided all of Landlord's obligations hereunder are assumed by the transferee in writing for the benefit of Tenant.
ARTICLE 12
MECHANICS' LIENS
Tenant shall keep the Property free and clear of all mechanics' liens resulting from any construction work done by or for Tenant. Tenant shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Landlord, Tenant procures and records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half (1-1 / 2) times the amount of the claim of lien or other security satisfactory to Landlord. If used, the bond shall meet the requirements of Section 3143 of the California Civil Code and shall provide for the payment of any sum that the claimant may recover on the claim, together with costs of suit. Should Tenant fail to discharge any such lien or cause the same to be released within sixty (60) days from the date the lien is filed, Landlord may, without inquiring into the validity thereof, cause the same to be discharged and all amounts so expended by Landlord, together with reasonable attorney's fees and expenses, shall be paid by Tenant to Landlord as additional rent hereunder, together with interest thereon at the rate of ten percent (10%) per annum.
Tenant shall give ten (10) days prior written notice to Landlord of the date on which any construction work will be commenced so as to afford Landlord the opportunity to post a notice of nonresponsibility.
ARTICLE 13
ENTRY BY LANDLORD
13.01 Landlord and Landlord's authorized representatives shall have the right to enter the Property at reasonable hours and, except for emergencies, upon 24 hour prior notice to Tenant, for any of the following purposes:
(a) To examine and inspect the Property;
(b) To supply any service to be provided by Landlord to Tenant hereunder; 1010
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(c) To perform any necessary maintenance or repairs that Landlord is required or permitted to perform hereunder;
(d) To serve, post or keep posted any notices required or allowed under the provisions of this Lease;
(e) To post "for sale" signs at any time during the term, to post "for rent" or "for lease" signs during the last ninety (90) days of the Lease term, or during any period while Tenant is in default;
(f) To show the Property to prospective tenants, buyers, lenders or other persons at any time during the Lease term;
(g) To do any other act or thing necessary for the safety or preservation of the Property, or to comply with the directives of any governmental authority having jurisdiction over the Property.
13.02 Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Property or any other loss occasioned by Landlord's entry pursuant to Section 13.01. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Property and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Property, and any entry to the Property obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Property, or an eviction, actual or constructive, of Tenant from the Property, or any portion thereof.
ARTICLE 14
DEFAULT BY TENANT OR LANDLORD
14.01 The occurrence of any one or more of the following events ("Events of Default") shall constitute a material default and breach of this Lease by Tenant:
(a) Any failure by Tenant to pay any rental or any other sum required to be paid by Tenant hereunder, except as provided in Section 3.01, and when the same becomes due and payable and after being given a 3-Day Notice to do so.
(b) Any failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that it cannot reasonably be cured within such thirty (30) day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. 1111
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(c) The making by Tenant of any general assignment or general arrangement for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within ninety (90) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Property or of Tenant's interest in this Lease, where such seizure is not discharged within forty-five (45) days. (d) Tenants’ failure to provide services regularly to less than 20 children.
14.02 Any notice given under this Article shall specify the Event of Default and the applicable Lease provisions and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time. No such notice shall be deemed a forfeiture, or a termination of this Lease provided Tenant cures the default within the applicable period of time.
14.03 Any failure by Landlord to observe and perform any provision of this Lease to be observed or performed by Landlord, where such failure continues for thirty (30) days after written notice thereof by Tenant to Landlord, shall be deemed a material default and breach of this Lease by Landlord; provided, however, that if the nature of such default is such that it cannot reasonably be cured within such thirty (30) day period, Landlord shall not be deemed to be in default if Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion.
ARTICLE 15
LANDLORD'S REMEDIES UPON DEFAULT
Upon the occurrence of an Event of Default, Landlord may terminate Tenant's right to possession of the Property at any time during the continuance of such default in accordance with the provisions of Section 1951.2 of the California Civil Code. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Property, or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. On termination, Landlord has the right to recover from Tenant all rent that may accrue to the date on which possession of the Property is returned to Landlord together with any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's default.
ARTICLE 16
LANDLORD'S RIGHT TO CURE DEFAULTS
If Tenant shall fail to pay any sum of money, other than rental, required to be paid by Tenant hereunder, or shall fail to perform any other act on Tenant's part to be performed hereunder, and 1212
61 H.
such failure shall continue for thirty (30) days after notice thereof by Landlord, Landlord may, but shall not be obligated to do so, and without waiving or releasing Tenant from any obligations of Tenant, make such payment or perform any such other act on Tenant's part to be made or performed hereunder. All sums expended by Landlord, including necessary incidental costs, shall be deemed additional rent hereunder and shall be payable to Landlord immediately upon demand, together with interest thereon at the rate of ten percent (10%) per annum from the date of expenditure to the date of reimbursement.
ARTICLE 17
COSTS OF SUIT
17.01 In the event legal action between Landlord and Tenant shall become necessary in order to enforce or interpret this Lease, or any provision contained herein, the prevailing party shall be entitled to recover all costs and expenses as may be incurred in connection therewith, including reasonable attorney's fees.
17.02 Should Landlord, without fault on Landlord's part, be made a party to any litigation instituted by Tenant or by any third party against Tenant, or by or against any person holding under or using the Property by license of Tenant, or for the foreclosure of any lien for labor or materials furnished to or for Tenant or any such other person or otherwise arising out of or resulting from any act or transaction of Tenant or of any such other person, Tenant covenants to save, defend, and hold Landlord harmless from any judgment rendered against Landlord or the Property or any part thereof, and all costs and expenses, including reasonable attorney's fees, incurred by Landlord in connection with such litigation.
ARTICLE 18
ESTOPPEL CERTIFICATE
Each party, within ten (10) business days after notice from the other, shall execute and deliver to the other, in recordable form, a certificate stating that this Lease is unmodified and in full force and effect, or in full force and effect as modified stating the modifications. The certificate also shall state the amount of monthly rent, the dates to which the rent has been paid in advance, the amount of any security deposit or prepaid rent, and shall further certify that there is no uncured default by the other party under the Lease, or specify such default, if any is claimed. Failure to deliver the certificate within the ten ( 10) days, shall be conclusive upon the party failing to deliver the certificate for the benefit of the party requesting the certificate, and any successor to the party requesting the certificate, that this Lease is in full force and effect and has not been modified except as may be represented by the party requesting the certificate, that there are no uncured defaults by the party requesting the certificate and that monthly rent has not been paid in advance except as stated by the party requesting the certificate.
ARTICLE 19
HOLDING OVER
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If Tenant remains in possession of all or any part of the Property after the expiration of the Lease any renewal term hereof without such term being further extended pursuant to Article 2, such tenancy shall be from month to month only, and not a renewal hereof or an extension for any further term of this Lease. In such case, to apply tenancy shall be subject to every term, covenant and agreement contained herein.
ARTICLE 20
SURRENDER
20.01 Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Property in the same condition as received, ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone excepted. Tenant shall remove all of Tenant's personal property and trade fixtures and shall repair, at Tenant's expense, any damage to the Property caused by such removal, including, without limitation, repair of floors and patching and repainting of walls where required, all to Landlord's reasonable satisfaction. Any personal property or trade fixtures not removed at the expiration or earlier termination of this Lease shall be deemed abandoned by Tenant. If Landlord so elects, Tenant shall also remove any alterations or improvements installed by or for Tenant which would otherwise remain as part of the Property and Tenant shall restore the Property to their condition prior to such installation.
20.02 Should Tenant fail to remove any personal property or trade fixtures or fail to remove any alterations or improvements as requested by Landlord, Tenant shall be liable to Landlord for any and all removal costs, transportation and storage expenses, and the cost of restoring the Property as required herein. Tenant shall indemnify Landlord against any loss, damage or liability resulting from delay by Tenant in so surrendering the Property, including, without limitation, any claims made by any succeeding tenants founded on such delay.
ARTICLE 21
WAIVER
No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition. Acceptance by Landlord of any performance by Tenant after the time the same shall have become due shall not constitute a waiver by Landlord of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by Landlord in writing. The receipt and acceptance by Landlord of delinquent rent shall constitute only a waiver of timely payment for the particular rent payment involved.
ARTICLE 22
NOTICES
22.01 All notices or demands required or permitted to be given hereunder shall be in writing and shall be either personally served or mailed by certified mail, return receipt requested, to the other party at the following addresses:
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To Landlord: City of Brisbane
Attn: City Manager
50 Park Place
Brisbane, California 94005
To Tenant: Silverspot Nursery School
Attn: Board of Directors
4 Solano Street
Brisbane, California, 94005
22.02 Either party may change the foregoing address by giving notice to the other in the manner provided herein. Any notice sent by mail shall be deemed received on the third business day following deposit of the notice in the United States Mail, with proper postage prepaid thereon.
ARTICLE 23
MISCELLANEOUS PROVISIONS
23.01 Captions. The captions used in this Lease are for convenience only and shall not be deemed to be relevant in resolving any question of interpretation or construction of any provision contained herein.
23.02 Entire Agreement. This Lease constitutes the entire agreement between the parties and supersedes and cancels any prior agreements or understandings, whether written or oral. This Lease may only be modified by a written amendment hereto executed by both parties.
23.03 Severability. If any term or provision of this Lease shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
23.04 Time. Time is hereby declared to be of the essence of this Lease and each and every provision hereof.
23.05 Corporate Authority. Each of the persons executing this Lease on behalf of Tenant does hereby represent and warrant that Tenant currently is in· good standing as a California nonprofit corporation; that the corporation has full right and authority to enter into this Lease; and that each person executing this Lease on behalf of the corporation is duly authorized and empowered to do so.
23.06 Calendar Days. Unless otherwise expressly stated, all references herein to any acts or obligations to be performed within a certain number of days shall mean calendar days.
23.07 Choice of Law. This Lease shall be governed by and interpreted in accordance with the laws of the State of California.
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23.08 Successors and Assigns. Subject to the restrictions against assignment and subletting by Tenant, this Lease shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
Balance of this page intentionally left blank.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and year first above written.
LANDLORD: City of Brisbane, a municipal corporation
By: __________________________________
Jeremy Dennis, City Manager
ATTEST:
______________________________________
Ingrid Padilla, City Clerk
______________________________________
Approved as to form Michael Roush, Legal Counsel
TENANT: Silverspot Nursery School, a California Nonprofit Corporation
By: ___ _______
Tom Faust, Board President
By: __
Diana Ji, Director
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File Attachments for Item:
I. Authorize Staff to Release a Request for Proposals to Lease or Manage the Visitacion Garden Senior Housing Development
66 Visitacion Garden RFP Page 1 of 2
CITY COUNCIL/BRISBANE HOUSING AUTHORITY AGENDA
REPORT
Meeting Date: July 17, 2025
From: John Swiecki, Community Development Director
Subject: Direction from City Council/Housing Authority to Release a Request for Proposals Concerning the Operation and Management of Visitacion Garden Senior Housing
Recommendation
Authorize staff to release a Request for Proposals for proposals to lease or manage the Visitacion Garden senior housing development.
Background
The Visitacion Garden Senior housing development at 8 Visitacion Avenue contains 14 apartment units for low-income seniors (age 62+) and includes a senior recreation center (“Sunrise Room”).
The former Brisbane Redevelopment Agency (RDA) purchased the site in 1995 for $440,000. The RDA partnered with BRIDGE Housing, a non-profit affordable housing developer, to design, construct, and manage the affordable senior housing development. Construction was completed in November 1999. The RDA issued two loans to BRIDGE to fund the development of the property. When the RDA dissolved in 2012, the Brisbane Housing Authority became the owner of the property.
BRIDGE owns the buildings and improvements and manages the facility under a 30-year ground lease (“lease”) that expires in 2028. Under the terms of the existing lease, ownership of the building and improvements on the site will revert to the Housing Authority in 2028 unless a new lease is executed or the existing lease is extended.
BRIDGE reached out to City staff in 2023 to discuss possible extension of the lease. Following discussions among City staff, BRIDGE, and the City Council Housing Subcommittee, it was the consensus that a preferred path forward was to terminate BRIDGE’s leasehold interest and seek a new entity that would enter into the existing lease or, more likely, enter into a new lease or a new entity that would manage and operate the facility.
Discussion
Based on the preferred outcome stated above, the Housing Subcommittee directed staff to draft a Request for Proposals (RFP) to seek proposals from qualified entities to transfer the existing lease or execute a new ground lease, or from qualified property management firms to manage the property without purchasing its improvements. Staff and its housing policy consultant, San Mateo County Housing Endowment and Regional Trust, commonly known as HEART, have drafted an RFP, which has been reviewed by BRIDGE (see draft RFP in Attachment 1). 1 67
I.
Visitacion Garden RFP Page 2 of 2
The draft RFP outlines the property characteristics and existing debt, eligibility requirements for proposers, and standards that will be applied to evaluation of proposals. Staff estimates that following the RFP’s release, evaluation of the proposals will require approximately 60-90 days, after which staff and the Housing Subcommittee would make a recommendation to the full Council/Housing Authority Board for selection of a successful proposer, subject to final terms and conditions
Fiscal Impact
Release of an RFP will not incur any unbudgeted expenses. Depending on the outcome of the RFP process, the Council/Authority Board will consider proposals for restructuring the existing debt on the property and/or whether capital improvements to the property are required prior to extending the existing lease or entering into a new lease.
Attachments
1. Draft Request for Proposals for Leasehold Interest and/or Management of the Visitacion Garden Senior Apartments
___________________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis City Manager, City of Brisbane
Executive Director, Brisbane Housing
Authority
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I.
City of Brisbane and Brisbane Housing Authority
Request for Proposals:
Leasehold Interest and/or Management of the
Visitacion Garden Senior Apartments
8 Visitacion Avenue/3 Inyo Street, Brisbane, CA 94005
DRAFT
Month xx, 2025
Please be aware that under the California Public Records Act, all documents submitted in response to this Requests for Proposals are considered part of the public record and will be made available to the public, upon request, following the application deadline.
ATTACHMENT 1 3
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Contents
1. Introduction...........................................................................................................4 A. Income and Rent Limitations...............................................................................4 B. Original Project Financing ...................................................................................5 C. Schedule ...........................................................................................................6
2. Project Requirements .........................................................................................8
3. Evaluation and Selection Process..........................................................................10 A. Evaluation Criteria ............................................................................................10 B. Selection Process.............................................................................................12
4. Submission Requirements....................................................................................13
5. General Terms and Conditions ..............................................................................14 A. Disclaimers......................................................................................................15
6. Enclosures ..........................................................................................................16 Enclosure A – Insurance Requirements.........................................................................17 Enclosure B – Proposer Certifications ...........................................................................18 ATTACHMENT 1 4
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The City of Brisbane (“City”) and the Brisbane Housing Authority (“Authority”)1 are pleased to issue this Request for Proposals (RFP) to Proposers with demonstrated experience to (a) assume an existing leasehold interest and manage 8 Visitacion Avenue/3 Inyo Street (“Visitacion Garden”)[“the Project”], or (b) enter into a management agreement for Project, or (c) to enter into a new ground lease and management agreement for the Project. Where the proposal is for management only, the Authority will continue to be the owner of the property.
Selection will be made from responsive proposals that will best serve the interests of the City, the Authority, and residents of Visitacion Garden based on a combination of cost, experience, and capacity to operate and manage the Project.
Please submit your proposal using the format specified in this RFP. PROPOSALS MUST BE RECEIVED BY xxxx by no later than xx PM. Any proposal received after the specified time and date will not be considered. Proposals shall be submitted electronically by email to Principal Planner Julia Ayres via email to [email protected]. Note: An email will be sent to confirm receipt of the electronic proposal.
Questions regarding proposals should be directed to:
Julia Ayres, Principal Planner
(415) 508-2129
[email protected]
1 The property is owned by the Brisbane Housing Authority. The Brisbane City Council serves as the Brisbane Housing Authority. As a practical matter, City staff carries out the day-to-day oversight of the Project.
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1. Introduction
The Project is a 14-unit, income and rent-restricted apartment complex for seniors located at 8 Visitacion Avenue and 3 Inyo Street in Brisbane, CA. Construction began in 1998, and the building was occupied in early 2000. At the time of construction, the property was owned by the Redevelopment Agency of the City of Brisbane “RDA”). Bridge Housing Corporation (“BRIDGE”), a Bay Are based company, developed and currently operates the Project pursuant to a long-term ground lease with the RDA (‘Ground Lease”). When Redevelopment Agencies were dissolved statewide, the RDA transferred the property and its interest in the Ground Lease to the Brisbane Housing Authority (“Authority”). The Ground Lease terminates on January 26, 2028. The City of Brisbane (“City”), the RDA and the County of San Mateo are all lent money to develop the Project, which loans remain outstanding. In consultation with BRIDGE, the City, and the Authority, are now seeking proposals for any of the following scenarios:
• Assignment and extension of the existing Ground Lease to a new lessee/operator and/or other modifications to the existing Ground Lease; or • Early termination of the existing Ground Lease and execution of a new Ground Lease with the Proposer; or
• Early termination of the existing Ground Lease and execution of a property management and operations agreement under which the Proposer will manage and operate the Project for the Authority.
The Proposer must assume, but may work with the City, the County, and the Authority to restructure the existing project debt.
Income and Rent Limitations
Under the existing Ground Lease, the maximum household incomes allowed for tenants in the Project are as follows:
Table 1: Visitacion Garden, Number of Units by Income Restriction Percent of Area Median Income (“AMI”) Bedrooms Number of Units 30% One 2
40% One 2
50% One 4
60% One 2
60% Two 2
80% One 2
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Notwithstanding the household income limits, the maximum rents, based on the percent of AMI, have been set by two recorded Declaration of Restrictions. While one of the onebedroom units may be rented to a household with an income up to 80% of AMI, the maximum rent allowed for that unit is 60% of AMI. The resulting maximum rent table is as follows:
Table 2: Visitacion Garden, Number of Units by Rent Restriction Percent of Area
Median Income
(“AMI”)
Rent Limit Source Bedrooms Number of Units
30% HCD/San Mateo
County
One 1
30% HUD Low HOME
Rents
One 1
40% HCD/San Mateo
County
One 2
50% HCD/San Mateo
County
One 4
60% HUD High HOME
Rents
One 4
60% HCD/San Mateo
County
Two 2
It is expected that existing income and rent limitations will remain the same for existing tenants and that the Proposer may propose new long-term income and rent limitations that would apply upon turnover of existing units. If the Proposer proposes new income and rent limitations, such rent limitations must be affordable to lower income households.
A. Original Project Financing
The Project was financed through a combination of RDA and County of San Mateo (“County”) funds. As with many affordable housing developments, these funds are to be paid back out of surplus cash flow. And as with many similar developments, cash flow for this Project has been insufficient to repay the loans. Over the life of the Project, some small payments have been made, but substantial interest has been accrued by the Project.
Initial debt on the Project was $2,675,000 (of which, $2,500,000 was lent by the former RDA). As of June 30, 2025, the Project owes the Authority (who assumed fee ownership of the property and the RDA loan) $3,937,189, and the County $292,352, for total outstanding debt of $4,229,541, or $302,110 per unit. See Table 3 for details.
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Proposals should include a proposal for restructuring this debt.
Table 3: Source of Funds/Outstanding Debt, as of June 30, 2025 Source of Funds Original Loan
Amount
Remaining
Loan Amount
Accrued
Interest
Total Outstanding
Debt
Redevelopment
Agency of the City of
Brisbane/Authority
Loan 1
$1,000,000 $899,873 $600,700 $1,500,573
Redevelopment
Agency of the City of
Brisbane/Authority
Loan 2
$1,500,000 $1,436,214 $1,000,402 $2,436,616
County of San
Mateo (HOME
funds)
$175,000 $175,000 $117,352 $292,352
Totals $2,675,000 $2,511,087 $1,718,454 $4,229,541
B. Schedule
The City and the Authority anticipate that the RFP process will take 60 to 90 days, after which time one entity will be recommended to the Authority for negotiation of an assignment and/or extension of the existing Ground Lease, a new ground lease and regulatory agreements, or an agreement to manage the Project. While the schedule stated in this RFP represents the preferred timetable, it shall not be considered binding upon the City or the Authority. In addition, the submission of a proposal in response to the RFP shall not be binding upon the City or the Authority nor construed as a contract with or commitment by the City or the Authority.
The schedule is as follows:
Table 4. RFP Schedule
Activity Date
RFP Released TBD
Site Visit and Virtual Proposers Conference TBD
Questions and Requests for Clarifications Due TBD
City staff Response to RFP Questions/Clarifications TBD RFP Submittal Deadline TBD (4-5 weeks after RFP is
released)
Proposer Interviews and Due Diligence TBD
Authority Subcommittee Review and
Recommendation
TBD
ATTACHMENT 1 8
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Authority Action TBD (30 days after RFP
deadline)
1. RFP Release: The RFP is made available online at the City of Brisbane’s website at https://www.brisbaneca.org/rfps and at the Community Development Department, Brisbane City Hall, 50 Park Place, Brisbane, CA 94005.
2. Site Visit and Proposer’s Conference: A site visit will be held at the site at 8 Visitacion Avenue on XXX at XXX. A proposer’s conference will immediately follow the site visit at Brisbane City Hall, Community Meeting Room, 50 Park Place on XXX at XXX. To submit a proposal, a representative from the Proposer’s team MUST be in attendance at both the site visit and the proposers’ conference.
3. City staff Response to RFP Questions/Clarifications: City staff will respond to all questions and provide any clarifications online at https://www.brisbaneca.org/rfps.
4. RFP Submittal Deadline: The City/Authority must receive responses to the RFP on or before the deadline listed on page 1 of this RFP. It is the responsibility of the Proposer to ensure that the proposal is received by the City/Authority before the deadline and that the information provided in the proposal is complete. The omission of information may be deemed non-responsive and may subject the Proposer to disqualification.
Adherence to the RFP submission deadline will be based on the time the City/Authority receives each submission email from the Proposer.
5. Proposer Team Interviews: The selection committee is expected to evaluate the proposals and then, provided that one or more proposals are deemed sufficient, the selection committee will hold interviews with one or more Proposers.
6. Due Diligence: The City/Authority reserves the right to request additional documentation and/or written responses to confirm statements made during the interview, follow-up questions, supplemental interviews, or to make other fact-finding efforts as the City/Authority determines it is necessary to assess the most qualified Proposer.
7. Recommendation and Authority Vote: The selection committee shall make a recommendation to the Authority’s Executive Director and the City of Brisbane’s Housing Subcommittee, before making a recommendation to the full Authority. Upon the affirmative vote of the Authority, City staff will negotiate with the selected Proposer an assignment and/or an extension of the existing Ground Lease, a new ground lease, or an agreement for management of the Project The Proposer shall also assume the existing obligations of the Project and the existing lessee affiliate of BRIDGE shall be fully released from obligations associated with the Project by the City, Authority, and the County of San Mateo and any successful Proposer. The Proposer should be prepared to perform its own due diligence, lease the Project in its as-is condition (if a ground lease ATTACHMENT 1 9
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is contemplated in the proposal) and enter into modified loan documents. City staff will also work with the Proposer to negotiate modifications to the County debt. If those negotiations are successful, the selected scenario will be presented to the Authority for a final decision.
2. Project Requirements
The following requirements and underwriting guidelines apply to the Project, whether or not the Proposer is, as part of its proposal, seeking funding from the Authority.
Table 5. Visitacion Garden Preservation Requirements and Underwriting Guidelines Item Requirement
Organization Status The Proposer may be a for-profit organization, a nonprofit organization, local government
agency, joint powers agency, or a community
land trust.
Proposer Experience Any potential Proposer shall have for at least three years owned or through a lease or other
agreement operated at least one project similar
to what is proposed in terms of scope, size,
budget, financing structure, ability to obtain
financing, and schedule. Proposers may use
key principals to qualify for experience.
Proposals for property management whether
responding for just the management contract,
or as part of a lessee/management team, must
reflect that the Respondent has managed at
least two completed projects similar to the
existing Project in terms of scope, size, and
operating budget.
Regulatory Term and Lease 99 years
Income Limits See Table 1
Maximum Rents (Including Utility
Allowances)
See Table 2 and discussion under “Income and
Rent Limitations” on p. 5 of this RFP
City Monitoring Fee Except where not allowed by law (AB2430), $125/unit per year.
Construction Management Fee (if
applicable)
5% of total construction costs.
Replacement Reserves Replacement reserve funding covers the cost of all repairs needed for 15 years as described in a
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Property Needs Assessment (PNA) prepared by
a qualified third-party consultant.
The reserve must include a 3% price escalator,
if not included in the PNA.
The reserve may be funded through an initial
reserve deposit when the existing lease is
extended, or a new lease is entered into or
through annual deposits from cash flows (or a
combination thereof). A minimum of $500 per
unit per year is required if the initial reserve
deposit does not cover 50% of the 15-year PNA
cost.
Capitalized Operating Reserves Minimum 3 months’ expenses, including: hard debt, monitoring fees, and replacement
reserves
Vacancy Loss Percentage Minimum of 5%
Debt Coverage Ratio 1.1 over the first two years and 1.2 over the next 13 years of cash flow or the remaining
loan term of any hard debt (whichever is
longer).
Asset management fee Lesser of $1,000/unit, or $25,000/year with a
3.5% escalator.
Subordination The Authority will subordinate its deed of trust to lenders with a greater investment (senior
lenders) and to private lenders that require it as
a condition of funding.
The city will not subordinate its regulatory
agreement to any deed of trust but will
consider subordinating its regulatory
agreement to a senior lender’s regulatory
agreement.
Insurance See Exhibit A.
Renovations Any renovations proposed must either address the repairs and upgrades outlined in the Capital
Needs Assessment or be justified by an
independent assessment paid for by the
Proposer.
Hard cost contingency At least 20% of hard costs, including general requirements, overhead, profit, and
contractor’s contingency
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Soft cost contingency At least 10% of all costs except acquisition, hard costs, reserves, and construction
management fees
Contingency Funds Contingency funds shall first be used to cover construction cost over runs, and the remainder
shall be deposited into the replacement
reserve.
Relocation Displacement or permanent relocation of
existing tenants is not allowed. Temporary
relocation during renovation is allowed. All
relocation must follow local, state, and federal
relocation laws, and a relocation budget must
be part of the proposal.
Property Welfare Tax If applicable, the budget must clearly show that the property will be accessing the welfare
tax exemption.
If new Authority funds are requested, the following requirements also apply:
Authority Loan Terms
Item Terms
Loan Term 55 years
Interest 3% annual simple interest
Payments Payments made from residual receipts
Subsidy Limit $50,000/unit
Substantive changes to the requirements may only be made upon approval of the Authority.
3. Evaluation and Selection Process
A. Evaluation Criteria
The City/Authority will use a quality-based selection process, and the assignment/lease/agreement will be awarded to the Proposer whose proposal is determined as providing the best value in meeting the interests of the City, the Authority, and Project tenants. Proposals will be evaluated by City staff based on professional qualifications and relevant experience; the proposed financing solution; the project approach; and the proposal's quality.
The City/Authority reserves the right to reject all proposals, refuse any or all proposal(s), to waive technicalities, and to accept whichever proposal that may be in the best interest of the City, the Authority and Project tenants, at the City’s/Authority’s sole discretion. City ATTACHMENT 1 12
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staff will evaluate all proposals deemed responsive and make a recommendation to the Authority based on the criteria below and the percentage of their importance.
1. Professional qualifications and relevant experience (30 percent) Proposers should meet the following capacity and experience requirements:
• Proposers who intend to have a leasehold interest (whether existing or new) and operate the Project must have owned or had a long term leasehold interest for at least three years in at least one project similar to the existing Project in terms of scope, size, budget, financing structure, ability to obtain financing, and schedule.
Proposers may use key principals to qualify for experience. • Proposers, whether responding for a management contract only, or as part of an owner/manager team, shall have managed at least two) completed projects similar to what is proposed in terms of scope, size, and operating budget.
Proposers must provide documentation relevant to capacity and experience including the following from similar projects: two years audited financial statements, the most recent annual budget, and any legal or funding agreements. Statements are not required from key principals if they no longer have access to these documents.
Additional weight will be granted to those Proposers who have similar experience with affordable senior housing projects and/or have the clear capacity to address the capital improvement needs of the Project as outlined in the 2024 Capital Needs Assessment prepared by Integrated Property Analysis, Inc.
2. Financing Solution (30 percent)
Recapitalization is necessary for the Project to meet long-term maintenance needs and financial sustainability. Proposals will receive points based on the Proposer’s ability to find creative solutions and reduce investment of scarce public resources while maximizing financial feasibility.
The Authority is open to providing funding for the Project, however Proposers will improve their score if they are able to minimize the expense to the Authority through viable plans to increase income to the Project and/or bringing alternative funding sources (e.g. county, state, private, or charitable funds) to the Project.
3. Approach to the Project (20 points)
The proposal should reflect that Proposers have identified the special circumstances of the Project and have identified viable solutions to the Project’s needs. In addition, ATTACHMENT 1 13
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Proposers should provide a feasible timetable for repairs and upgrades to the Project, while minimizing relocation and other disruptions to tenants.
4. Quality of proposal (20 percent)
Points will be granted based on the information conveyed, the overall proposal quality and readability, and the technical expertise presented.
B. Selection Process
The Authority is the sole final decision maker regarding the selection, and it reserves the right to reject any or all proposals.
During the selection phase of the process, members of the City’s selection panel and/or consultants retained by the City will evaluate the proposals. At their discretion, they may contact references and industry sources, investigate previous projects and current commitments, interview some or all the project team members, and take any other information into account in their evaluation of the proposal. The City reserves the right to request clarification or additional information from Respondents and to request that Respondents make presentations to the Authority, community groups or others. Based on their evaluations, City staff will prepare a “short list” of Respondents who will then be interviewed by the selection panel.
The Authority may, with the selected Proposer, enter into an assignment and/or an extension of the existing Ground Lease, an operating/management agreement, or a new ground lease. Any such assignment/extension, agreement or ground lease must have provisions that the existing income and rent limitations applicable to existing tenants shall remain in place.
Minimum Threshold Requirements:
1. The proposal must be complete.
2. A principal member of the Proposer’s team must attend the site visit and proposers’ conference.
3. The Proposer must commit to maintaining direct and continuing control of the project throughout the regulatory period.
4. The funds requested must align with identified repair and construction needs, as outlined in the 2023 Property Needs Assessment, or through a new assessment, completed by the Proposer at its own cost. Requested funds may also cover the costs of construction management.
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4. Submission Requirements
Submit the proposal using the format specified in this Request for Proposals. PROPOSALS MUST BE RECEIVED BY xxxx by no later than xx PM. Any proposal received after the specified time and date will not be considered. Proposals may be submitted electronically to Principal Planner Julia Ayres at [email protected] AND [email protected]. Note:
An email will be sent to confirm receipt of the electronic proposal.
Proposals must include the following, in the following order:
1. Cover letter with Proposer’s name, amount of funding requested (if any), and proposal summary (max 1 page).
2. A clear statement as to whether the Proposer is seeking an assignment and extension of the existing Ground Lease and to operate and manage the Project, a contract to operate and manage the Project, or a new Ground Lease by which the Proposer will operate and manage the Project.
3. Description of the Proposer’s approach to the Project, including a description of how the existing debts would be restructured or paid off and a summary of the sources and uses, including anticipated costs of repairs and renovation as established in the 2024 Capital Needs Assessment prepared by Integrated Property Analysis, Inc., Authority funding, and any additional funding sources anticipated or secured by the Proposer.
4. Description of the Proposer(s), including years of experience, types of projects, role in projects, and key principals with contact information (max 2 pages).
5. Organizational documents from the State, organizational chart, non-profit status (if applicable), and operating agreements for partnerships.
6. Last two years of audited financial statements of entities or principals. Small organizations that do not conduct audits may request a waiver but must submit two years of their financial statements (balance sheets and annual profit and loss statements), and two most recent years of their IRS Form 990.
7. Description of property management company, including years of experience and types of projects managed (max 2 pages).
8. Schedule listing proposed key dates including funding applications (if applicable), inspections, building permits (if applicable), and repairs and renovations.
9. Any property inspections completed by the Proposer.
10. Budget spreadsheets with unit mix by bedroom type and income restriction, development sources and uses, operating budget, 20-year cash flow, and debt ATTACHMENT 1 15
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coverage ratios. Applicants should use the budget template provided by the City or provide the information in a spreadsheet (not a PDF) that provides substantially similar information.
11. Financing commitments.
12. Operating subsidy commitment, if applicable.
13. Relocation Plan and Budget, if applicable.
14. Signed Certifications in Enclosure B.
15.Description of any changes to the Project Requirements (Table 5 of this RFP) requested.
16. Any other materials required to evaluate scoring criteria.
5. General Terms and Conditions
1. This RFP does not commit to the City/Authority to pay any cost incurred in the preparation of a submittal to this RFP or in subsequent negotiations.
2. At any time prior to the specified time and date set for the submission, a person/firm, or a designated representative, may withdraw a proposal that has been submitted.
3. The issuance of this RFP and the acceptance of a submittal do not constitute an agreement by the Authority that the Authority will approve an assignment or extension of the existing Ground Lease, a contract to manage the Project, or a new ground lease. The Authority expressly reserves the right to:
a. Reject any or all proposals.
b. Reissue an RFP.
c. Extend the period for submission of the proposals by notification to all parties who have registered an interest in this RFP with the City. d. Request more information from any or all Proposers.
e. Waive any immaterial defect or informality.
f. Decline to go forward with the RFP
g. Reject any proposal.
4. Final terms of any assignment or extension, agreement or lease will be established during negotiations. Negotiations may be terminated by the City/Authority for failure to reach mutually acceptable terms.
5. Each Proposer will be responsible for all costs incurred in preparing a response to this RFP.
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6. All materials and documents submitted in response to this RFP will become the property of the City/Authority and will not be returned. Proposers selected for further negotiations will be responsible for all costs incurred by it during negotiations regardless of the outcome of the negotiations.
7. Proposers are responsible for reviewing all portions of this RFP. A Proposer is to promptly notify the City, in writing, if a Proposer discovers any ambiguity, discrepancy, omission or other error in the RFP. Any such notification should be directed to the City promptly after discovery, but in no event later than five working days prior to the date for receipt of proposals.
A. Disclaimers
The City/Authority obtained the information contained in this RFP from sources deemed reliable; however, the City/Authority makes no guarantees, warranties, or representations, nor expresses or implies any opinion concerning the accuracy or completeness of the information provided. It is furnished solely as an aid to interested parties. Interested parties are responsible for undertaking all necessary investigations on and off the Project to determine the financial and physical condition of the Project.
Regarding the information submitted to the City/Authority by Proposers, please note: The California Public Records Act mandates public access to government records. There is a presumption that documents prepared, owned, used, or retained by a public agency are public records and therefore accessible by the public.
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6. Enclosures
Enclosure A Insurance Requirements
Enclosure B Proposer Certifications
Enclosure C County of San Mateo Promissory Note (1998)
Enclosure D County of San Mateo Deed of Trust (1998)
Enclosure E County of San Mateo Declaration of Restrictive Covenants (1998) Enclosure F Ground Lease by and Between the Redevelopment Agency of the City of Brisbane and BRIDGE Housing Corporation (1998)
Enclosure G First Amendment to the Ground Lease by and Between the Redevelopment Agency of the City of Brisbane and BRIDGE Housing Corporation (1998)
Enclosure H Loan and Regulatory Agreements by and between the Redevelopment Agency of the City of Brisbane and BRIDGE Housing Corporation (1998)
Enclosure I Addendum to the Loan and Regulatory Agreement by and between the Redevelopment Agency of the City of Brisbane and BRIDGE Housing Corporation (1998)
Enclosure J Loan and Regulatory Agreements (Bond Proceeds) by and between the Redevelopment Agency of the City of Brisbane and BRIDGE Housing Corporation (1998)
Enclosure K Declaration of Restriction (2000)
Enclosure L Second Amendment to the Ground Lease by and Between the Redevelopment Agency of the City of Brisbane and BRIDGE Housing Corporation (2000)
Enclosure M 2022 and 2023 Audited Financial Statements
Enclosure N 2024 12-month Trailing Statement of Income and Expenses 2024 and 2025 Budgets
Enclosure O 2024 and 2025 Budgets
Enclosure P Capital Needs Assessment for Visitacion Gardens Apartments prepared by Integrated Property Analysis, Inc. (2024)
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Enclosure A – Insurance Requirements
Prior to assuming or extending the existing Ground Lease, entering into an agreement to operate and manage the Project, or entering into a new ground lease, the following policies of insurance shall be obtained and maintained:
TBD
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Enclosure B – Proposer Certifications
Proposer hereby certifies:
1. Truth of Application
That the information submitted in the proposal and any supporting materials is true, accurate, and complete to the best of its knowledge. Proposer acknowledges and understands that if facts and/or information herein are found to be misrepresented, it shall constitute grounds for rejecting the proposal or ending negotiations.
2. Applications are Public Records
That Proposer acknowledges that the information submitted as part of this proposal may be made available to the public pursuant to a request under the California Public Records Act.
3. Legal Authority
The signatory has the legal authority to submit this proposal on behalf of the Proposer.
4. Civil and Legal Questions (include an explanation for any questions answered “Yes”)
a. Has the Proposer filed bankruptcy or receivership or had a bankruptcy or receivership commenced against it, defaulted on a loan, or been foreclosed against in the past ten years?
b. Is the Proposer currently a party to, or has it been notified that it may become a party to any civil litigation that may materially and adversely affect the financial condition of the Proposer’s business in this proposal?
c. Have there been any administrative or civil settlements, decisions, or judgements against the Proposer within the past 10 years that materially and adversely affected the financial condition of the Proposer’s business in this proposal?
d. Is the Proposer currently subject to, or been notified that it may become subject to, any civil or administrative proceeding, examination, or investigation by a local, state, or federal licensing or accreditation agency, a local, state, federal taxing authority, or a local, state, or federal regulatory or enforcement agency?
e. In the past 10 years, has the Proposer been subject to any civil or administrative proceeding, examination, or investigation by a local, state, or federal licensing or accreditation agency, a local, state, or federal taxing authority, or a local, ATTACHMENT 1 20
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state, or federal regulatory or enforcement agency that resulted in a settlement, decision, or judgment?
f. Is the Proposer currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination, or investigation, of any kind, involving, or that could result in felony charges against the Proposer?
g. Is the Proposer currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in misdemeanor charges against the Proposer for matters relating to the conduct of the Proposer’s business?
h. Is the Proposer currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in criminal charges against the Proposer for any financial or fraud related crime?
i. Is the Proposer currently a party to, or the subject of, or been notified that it may become a party to or the subject of, any criminal litigation, proceeding, charge, complaint, examination or investigation, of any kind, involving, or that could result in criminal charges against the Proposer that could affect the financial condition of the Proposer’s business?
j. Within the past 10 years, has the Proposer been convicted of any felony? k. Within the past 10 years, has the Proposer been convicted of any misdemeanor related to the conduct of the Proposer’s business?
l. Within the past 10 years, has the Proposer been convicted of any misdemeanor for any financial or fraud related crime?
Proposer Name and Title: Organization:
_____________________________________________________________ ____________ Signature Date
__________________________________________ _______________________ ATTACHMENT 1 21
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File Attachments for Item:
J. Acquisition of Five Properties in the Brisbane Acres for Purposes of Open Space and Habitat Conservation
(With escrow fees, the total cost to the City will be approximately $855,000. The City will use the funds received from the recent sale of vacant property in Crocker Park to purchase these properties. This action is not subject to further environmental review as it is not a project under the California Environmental Quality Act. CEQA Guidelines, Section 15378(b)(4)) 88 Brisbane Acres Page 1 of 3
CITY COUNCIL AGENDA REPORT
Meeting Date: 07/17/2025
From: Jeremy Dennis, City Manager
Subject: Acquisition of Five Properties in the Brisbane Acres for Purposes of Open Space and Habitat Conservation
This action is not subject to further environmental review as it is not a project under the California Environmental Quality Act. CEQA Guidelines, Section 15378(b)(4).
Recommendation
Adopt Resolutions (a) Approving Three Separate Purchase Agreements and one Donation Agreement for Real Property within the Brisbane Acres; (b) Accepting the Five Properties by the City; (c) Accepting APN 007-560-170 as a donation to the City; (d) Authorizing the City Manager and/or the Mayor to sign all Documents Necessary to Transfer the Properties to the City; and e)Authoring the City Clerk to Record Deeds and a Declaration of Restrictions with the County Recorder
Background
In 2001, the City adopted an Open Space Plan. Part of the Open Space Plan calls for the City to acquire property within what is called the Priority Preservation Area of the Brisbane Acres, also known as the Upper Acres, to preserve it as a habitat for several rare and endangered butterflies and other fauna and flora. The City over the past 20 years has acquired a number of properties for this purpose through a combination of purchases and donations. The majority of the purchases utilize grants from federal or state sources. The City has also accepted donations of land from individuals.
On an annual basis, the City Manager sends a letter to Brisbane Acres owners to inquire about the City acquiring their property. Last year’s letter was sent in the fall, and it generated interest from three property owners who, collectively, own five parcels. A map showing the location of these five parcels is attached as Attachment 1.
After discussion in closed session with City Council concerning price and terms for these properties, Council provided direction to staff to offer Purchase Agreements for four properties and, for one property, a Donation Agreement. The City has received these documents signed by the property owners (Attachments 2 through 5). Before Council tonight are resolutions (Attachments 6 through 9) that, if adopted, will result upon close of escrow in the City’s acquisition of these five properties.
Discussion
As to APNs 007-560-160 (Deanna Cheung), 007-530 -040 and 007-530-050 (Eva and Benito Ouano), the 1 89
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sellers have offered to sell these properties for $200,000 each. For APN 007-520-090 (Jagdish Dayal), the seller has offered to sell the property for $250,000. As to APN 007-560-170, Ms. Cheung has generously offered to donate the property to the City. Concerning the sales prices, the dollar amounts are consistent with purchases that the City has made for similar properties in the Brisbane Acres. By the City’s acquisition of these properties, it will further the goal of the Council to acquire properties within the Preservation Area of the Brisbane Acres for open space and habitat conservation. Consistent with Council direction, the City will also record a Declaration of Restrictions (Attachment 10) as to these properties so that the properties, for all intents and purposes, will remain open space in perpetuity.
Planning Commission Action
Under State law, before a City acquires property, there must be a finding that the acquisition is consistent with the City’s General Plan. The Planning Commission considered this issue at its July 10 meeting and adopted a resolution making the necessary findings. Attachment 11.
Fiscal Impact
The City will use the funds received from the recent sale of vacant property in Crocker Park adjacent to 151 West Hill to purchase these properties. When the vacant property was sold, Council directed that the proceeds be placed into a separate fund and Council would determine in the future how those funds would be spent.
That property was sold for $719,220; the remainder will utilize the General Fund. With escrow fees, the total cost to the City will be approximately $855,000.
Environmental Impact
Adoption of these resolutions and the City’s acquisition of these five parcels do not require further environmental review under the California Environmental Quality Act. The purchase represents a governmental activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and hence this action is not a project. CEQA Guidelines, Section 15378(b)(4).
Jeremy Dennis, City Manager
Attachments:
1. Site Map
2. Purchase Agreement (Cheung)
3. Purchase Agreement (Ouanos)
4. Purchase Agreement (Dayal)
5. Donation Agreement (Cheung)
6. Resolution re: Cheung Purchase
7. Resolution re: Ouanos Purchase
8. Resolution re: Dayal Purchase
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9. Resolution re: Donation Agreement (Cheung)
10. Declaration of Restrictions
11. Planning Commission Resolution
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San Mateo map
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© Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION
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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, 8,853 current, or otherwise reliable.
Miles
San Mateo County
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VACANT LAND PURCHASE AGREEMENT AND JOlNT ESCROW
INSTRUCTIONS
(C.A.R. FORM VLPA, Revised 12/24}
Date Prepared: ______ _
1 • �_FF
�ms IS AN OFFER FROM __ c_· -.....:.1_;1'---'_,__/ _______;c()_;_' F_--_�_P._l_�_B--L...C.A-'--fJ_& _____ -:--___ --,--::--("Buyer''). lndividual(s), □ A Corporation, □ A Partnership, □ An LLC,)? Other 0--: JY\ YIH JC;(J(J.> ctqnt"'1 l£-
2. B. THE PROPERTY to be acquired is ___ ________________________ � situated in BP-ISBA;..,lf: (City), &/h.J [nA--TfEO (County), California, ____ (Zip Code), Assessor's Parcel No(s). Q OJ- ':T& I? - I v O ("Property").
Further Described As--======================================�==---- (Postal/Mailing address may be different from city Jurisdiction. Buyer is advised to investigate.) C. THE TERMS OF THE PURCHASE ARE SPECIFIED BELOW AND ON THE FOLLOWING PAGES.
D. Buyer and Seller are referred to herein as the "Parties." Brokers and Agents are not Parties to this Agreement.
AGENCY:
A. DISCLOStJRE. Tl ,e Pa, ties eacl, ack11oooledge , eceipt of a "Di:,elest11 e Re�ePelin� Reel Eet!Me i4l!JeAsy J;;islraisrn,Ri�" �C.A. R. ,�,.,, AD; if 1ep1ese11led by a 1Gal estate liceiisee. Buge,'s Age11t is 11ot legedlg Peeit1i,eel te give to Sellers A�ent ti-le AD tsFm Signeel by Buye1. 0elle,1s Age11t is not legally obligated lo gioe to 81:1ye1'3 Agenttl.e AD te1111 Signeel ey Selle,.
B. CONfilRHATIODil· Ti;io iollo111i1-1§ o�orn;;y roletioRol-liJ;JO ero 1-loro ooR:liri.toe :lor �Rio �ra1-1oa�ion.
Seller's Srekerage laiFAI biOQROQ MleJR=IQOF
,� the b, ol<er ef Eel-leel< el'le). D tl<te Seller, er GI seU:1 ihe l!!h.iyor a1-1d �8ll8r �01.1al Age.;;it) Seller's Agel'lt bieeneo Nw"lB or
Is Eel-leel< eRe). D ti-le Seller's Agel"lt �Selespersol'I or 13rolter esoooi�o�; er Q bo�R *ho law�19r'1s aAd 58ll8r'li A gen! ,a, •I Agen�)- liwyer'& 8,alte,ege Fil'M bioeRse Mwi.ieer
8uyer's i\ft&Rt I iceose M, rrnbec
Is (el:welt eAe). □ H11e 8tJ� erss ,�ge1,t EGelespe�e, 1 orb, ehe, aoeeeiete), a, D beth the Bt1ye1 'e end Seller's Agent EBttel Agef'lt).
C. □ Mere tl<len eRe Breltel'ftge I eppeeents D Gelle,, D 8tJ� er. Gee, Additiel'lel Brehm Aelcne,vleElgefflel'lt (G . .Ac.R. fiofff! ABAj.
D .• • POTif•fFlsll.iL:b¥ G9MPETIN6 BY¥ER6 M•e GEl::1::EAG. =i:t�e P0:l1iee eeel<t 0:elmenledge reeeipt ef 0: IB"Pessiele AepreseRtation et Mere il-lan OFlo Bw�1er or Seller Dioeloo1,Jre 0:ria Go,meA� �G.A.R. fierR1 PRBSl.
3. TERMS OF PURCHASE AND ALLOCATION OF COSTS: The items in this paragraph are contractual terms of the Agreement.
Referenced paragraphs provide further explanation. This form is 17 pages. The Parties are advised to read all 17 pages.
A 5, 58 (cash)
B Close Of Escrow (COE}
C , .. n..-- 3 calendar da}'s after all 81 ,ver Signah rce(s) or:
(date) at 5SM
D .A,M,I() RUI
D(1) 5A(1)
al term)
See attached Increased Deposit Addendum ( . .
E(2) 5C(2)
Intended Use
© 2024, California Association of REALTORS®, inc.
VLPA REVISED 12/24 (PAGE 1 OF 17)
First $ _____ L-_% of purchase price)
Interest Rate Fixed rate or D Initial adjustable rate
Interest Rate
Points
• not to exceed __ %
• Buyer to pay u
$ ____ � c_=-,,r,:,.....1-!Wmase price)
Fixed rate or D Initial adjustable rate
• not to exceed __ %
• Buyer to pay up to __ points to obtain
rate above
Buyer's Initials---�----- Seller's Initials
ng
ncing
checked,
"T> l--C1 --- €r EOUALHOCSIIG
DPPORTIJNITY
VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 1 OF 17) Attachment 2
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RESOLUTION NO. 2025-X
Whereas, the City has an adopted Open Space Plan, which Plan calls for the City to acquire property within what is called the Priority Preservation Area of the Brisbane Acres, also known as the Upper Acres, to preserve it for habitat for several rare and endangered butterflies and other fauna and flora; and
Whereas, the City over the past 20 years has acquired a number of properties for this purpose through a combination of purchases and donations; and Whereas, City staff periodically communicates with property owners within the Brisbane Acres to see if there is any interest in selling or donating land to the City and in response, staff received interest from three property owners who, collectively, own five parcels; and
Whereas, after discussion in closed session concerning price and terms for these properties, City Council provided direction to staff to offer Purchase Agreements for four properties and, for one property, a Donation Agreement; and Whereas, the City has received from the property owner of APN 007-560-160 (Deanna Chung both as an individual and through her Trust) a signed Purchase Agreement by which she offers to sell this property to the City for open space and habitat conservation purposes for $200,000; and
Whereas, the sales price is consistent with purchases that the City has made for similar properties in the Brisbane Acres; and
Whereas, by the City’s acquisition of this property, it will further the goal of the Council to acquire properties within the Preservation Area of the Brisbane Acres for open space and habitat conservation; and
Whereas, consistent with Council direction, the City will also record a Declaration of Restrictions as to this property so that the property, for all intents and purposes, will remain open space in perpetuity; and
Whereas, under State law, before a City acquires property, there must be a finding that the acquisition conforms to the policies of the City’s General Plan and the Planning Commission considered this issue at its July 10, 2025 meeting and adopted a resolution making the necessary findings; and
Whereas, City Council at its regular meeting on July 17, 2025 considered the Purchase Agreement, the agenda report concerning same, the recommendation of City staff, and all comments and concerns of the public.
ATTACHMENT 6
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NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:
Section 1. City Council approves the purchase of the property (APN 007-560-170) as set forth in the Purchase Agreement and authorizes the City Manager and/or Mayor to sign the Purchase Agreement and all other documents necessary to carry out the purchase.
Section 2. The City Clerk is directed to record a Grant Deed and the related Declaration of Restrictions when the City Attorney has approved as to form all such documents and advises that all conditions precedent to closing escrow have been satisfied.
Section 3. This Resolution shall take effect immediately upon its adoption.
The above resolution was adopted at a regular meeting of the Brisbane City Council on July 17, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ingrid Padilla, City Clerk
Approved as to form:
Thomas R. McMorrow, City Attorney
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RESOLUTION NO. 2025-XX
Whereas, the City has an adopted Open Space Plan, which Plan calls for the City to acquire property within what is called the Priority Preservation Area of the Brisbane Acres, also known as the Upper Acres, to preserve it for habitat for several rare and endangered butterflies and other fauna and flora; and
Whereas, the City over the past 20 years has acquired a number of properties for this purpose through a combination of purchases and donations; and Whereas, City staff periodically communicates with property owners within the Brisbane Acres to see if there is any interest in selling or donating land to the City and in response, staff received interest from three property owners who, collectively, own five parcels; and
Whereas, after discussion in closed session concerning price and terms for these properties, City Council provided direction to staff to offer Purchase Agreements for four properties and, for one property, a Donation Agreement; and Whereas, the City has received from the property owners of APNs 007-530-040 and 007-530-050 (the Ouanos) a signed Purchase Agreement by which they offer to sell these properties to the City for open space and habitat conservation purposes for $400,000 ($200,000 for each parcel); and
Whereas, the sales price is consistent with purchases that the City has made for similar properties in the Brisbane Acres; and
Whereas, by the City’s acquisition of these properties, it will further the goal of the Council to acquire properties within the Preservation Area of the Brisbane Acres for open space and habitat conservation; and
Whereas, consistent with Council direction, the City will also record a Declaration of Restrictions as to these properties so that the properties, for all intents and purposes, will remain open space in perpetuity; and
Whereas, under State law, before a City acquires property, there must be a finding that the acquisition conforms to the policies of the City’s General Plan and the Planning Commission considered this issue at its July 10, 2025 meeting and adopted a resolution making the necessary findings; and
Whereas, City Council at its regular meeting on July 17, 2025 considered the Purchase Agreement, the agenda report concerning same, the recommendation of City staff, and all comments and concerns of the public.
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:
ATTACHMENT 7
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Section 1. City Council approves the purchase of these properties (APNs 007-530-040 and 007- 530-050) as set forth in the Purchase Agreement and authorizes the City Manager and/or Mayor to sign the Purchase Agreement and all other documents necessary to carry out the purchase.
Section 2. The City Clerk is directed to record a Grant Deed and the related Declaration of Restrictions when the City Attorney has approved as to form all such documents and advises that all conditions precedent to closing escrow have been satisfied.
Section 3. This Resolution shall take effect immediately upon its adoption.
The above resolution was adopted at a regular meeting of the Brisbane City Council on July 17, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ingrid Padilla, City Clerk
Approved as to form:
Thomas R. McMorrow, City Attorney
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RESOLUTION NO. 2025-XX
Whereas, the City has an adopted Open Space Plan, which Plan calls for the City to acquire property within what is called the Priority Preservation Area of the Brisbane Acres, also known as the Upper Acres, to preserve it for habitat for several rare and endangered butterflies and other fauna and flora; and
Whereas, the City over the past 20 years has acquired a number of properties for this purpose through a combination of purchases and donations; and Whereas, City staff periodically communicates with property owners within the Brisbane Acres to see if there is any interest in selling or donating land to the City and in response, staff received interest from three property owners who, collectively, own five parcels; and
Whereas, after discussion in closed session concerning price and terms for these properties, City Council provided direction to staff to offer Purchase Agreements for four properties and, for one property, a Donation Agreement; and Whereas, the City has received from the property owner of APN 007-520-090 (Jagdish Dayal) a signed Purchase Agreement by which he offers to sell this property to the City for open space and habitat conservation purposes for $250,000; and Whereas, the sales price is consistent with purchases that the City has made for similar properties in the Brisbane Acres; and
Whereas, by the City’s acquisition of this property, it will further the goal of the Council to acquire properties within the Preservation Area of the Brisbane Acres for open space and habitat conservation; and
Whereas, consistent with Council direction, the City will also record a Declaration of Restrictions as to this property so that the property, for all intents and purposes, will remain open space in perpetuity; and
Whereas, under State law, before a City acquires property, there must be a finding that the acquisition conforms to the policies of the City’s General Plan and the Planning Commission considered this issue at its July 10, 2025 meeting and adopted a resolution making the necessary findings; and
Whereas, City Council at its regular meeting on July 17, 2025 considered the Purchase Agreement, the agenda report concerning same, the recommendation of City staff, and all comments and concerns of the public.
ATTACHMENT 8
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NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:
Section 1. City Council approves the purchase of the property (APN 007-520-090) as set forth in the Purchase Agreement and authorizes the City Manager and/or Mayor to sign the Purchase Agreement and all other documents necessary to carry out the purchase.
Section 2. The City Clerk is directed to record a Grant Deed and the related Declaration of Restrictions when the City Attorney has approved as to form all such documents and advises that all conditions precedent to closing escrow have been satisfied.
Section 3. This Resolution shall take effect immediately upon its adoption.
The above resolution was adopted at a regular meeting of the Brisbane City Council on July 17, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ingrid Padilla, City Clerk
Approved as to form:
Thomas R. McMorrow, City Attorney
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1 RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE APPROVING A
DONATION AGREEMENT FOR REAL PROPERTY, ACCEPTING THE REAL PROPERTY AS
A DONATION TO THE CITY, AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO
SIGN ALL DOCUMENTS NECESSARY TO TRANSFER THE PROPERTY TO THE CITY AND
ACCEPT THE PROPERTY AS A DONATION, AND AUTHORIZING THE CITY CLERK TO
RECORD A DEED WITH THE COUNTY RECORDER TO TRANSFER THE PROPERTY TO
THE CITY
Whereas, Deanna Chung, either individually or through her Trust, (“Donor”) is the owner in fee simple of that certain real property located in the City of Brisbane, San Mateo County, California, APN 007-560-170 (the “Property”); and Whereas, the Property is in an area known as “Brisbane Acres,” which is within the boundaries of the San Bruno Mountain Habitat Conservation Plan (the “HCP”) and the HCP provides for the protection of federally listed endangered species that live on San Bruno Mountain and for the maintenance of their critical habitat; and Whereas, Donor desires to enter into this Agreement with the City to convey Donor’s fee interest in the Property to City at no cost, subject to the terms and conditions of the Agreement; and
Whereas, City desires to accept the Property from Donor; and Whereas, City is a governmental entity described in Section 170(b)(1)(A)(v) of the Internal Revenue Code and is authorized to accept charitable donations of real property.
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:
Section 1. The City Council approves the Donation Agreement concerning the Property.
Section 2. The City Council accepts the Property as a donation to the City of Brisbane.
Section 3. The City Council authorizes the Mayor and/or City Manager/City staff to sign all documents necessary to transfer the Property to the City and to accept the Property as a donation to the City.
Section 4. The City Clerk is authorized and directed to record in the San Mateo County’s Recorder’s Office a deed from the Donor to the City, in a form approved by the City Attorney.
Section 5. This Resolution shall take effect immediately upon its adoption.
ATTACHMENT 9
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2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Brisbane at a regular meeting on July 17, 2025.
Mayor of the City of Brisbane
I hereby certify that the foregoing Resolution was adopted by the City Council of the City of Brisbane at a regular meeting held on July 17, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ingrid Padilla, City Clerk
Approved as to form:
Thomas R. McMorrow, City Attorney
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RECORDING FOR THE BENEFIT OF,
REQUESTED BY
AND RETURN TO:
CITY OF BRISBANE/CITY CLERK
50 PARK PLACE
BRISBANE, CA 94005
EXEMPT FROM FEE PURSUANT TO
GOVERNMENT CODE SECTION 6103/27383
DECLARATION OF RESTRICTIONS
This Declaration is made by the City of Brisbane, a municipal corporation, 50 Park Place, Brisbane, CA, 94005, ("City") concerning properties that the City owns within an area of the City commonly known as the Upper Area of Brisbane Acres.
Recitals
A. City is the owner of properties located in the City of Brisbane, County of San Mateo, State of California, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("the Properties").
B. City intends that such Properties, like other Properties acquired with federal or state funds, be restricted such that the Properties may be used only for habitat preservation or open space.
D. To better carry out that intent, the City Council on May 2, 2019 adopted Resolution 2019-22 approving this Declaration of Restrictions as to properties in the Upper Area of Brisbane Acres that the City may acquire, authorizing the Mayor to sign it and directing the City Clerk to record this document in the Official Records of San Mateo County.
NOW, THEREFORE, in consideration of the recitals and for purposes of restricting the use of the Properties in perpetuity solely for habitat preservation and open space purposes, the City declares as follows:
. 1. The Properties are restricted in perpetuity solely for habitat preservation and open space purposes.
2. Should other property within the Upper Area of Brisbane Acres be acquired by the City for habitat preservation or open space purposes, the City shall ensure that this Declaration of Restrictions applies equally to such property.
2. This Declaration shall be recorded in the office of the County of San Mateo Recorder.
3. This Declaration is binding on the successors and assigns of the City.
4. This Declaration shall be construed and enforced pursuant to the laws of the State of California. Should any legal action be brought to enforce any provision herein, the prevailing party in such action shall be entitled to attorneys' fees and court costs as may be fixed by the court.
ATTACHMENT 10
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5. This Declaration shall not be revoked or amended in any way without the unanimous vote of the City Council of the City of Brisbane.
IN WITNESS WHEREOF, this Declaration is executed by the City as of the _____ day of ____________, 2025, at Brisbane, California.
"CITY"
APPROVED AS TO FORM: CITY OF BRISBANE
_______________ _______________________
Thomas McMorrow Cliff Lentz
City Attorney Mayor
Attest:
Ingrid Padilla
City Clerk
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RESOLUTION 2025-GPC-1
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF BRISBANE
FINDING THE ACQUISITION OF CERTAIN REAL PROPERTY
BY THE CITY OF BRISBANE WITHIN THE BRISBANE ACRES
CONFORMS TO THE CITY'S GENERAL PLAN
WHEREAS, Five lots in private ownership, as indicated below, are being offered to the City for acquisition, with the estate or interest in the land, vested as follows:
• Lot 96, APN 007-502-090, vested in Jagdish Dayal.
• Lot 58, APN 007-530-040, vested in Benito A. Ouano and Eva E. Ouano. • Lot 59, APN 007-530-050, vested in Benito A. Ouano and Eva E. Ouano. • Lot 19, APN 007-560-160, vested in Deanna M. P. Cheung, as to an undivided 38% interest; and Deanna M. P. Cheung, Trustee of the Deanna M. P. Cheung Revocable Trust.
• Lot 20, APN 007-560-170, vested in Deanna M. P. Cheung, as to an undivided 38% interest; and Deanna M. P. Cheung, Trustee of the Deanna M. P. Cheung Revocable Trust; and
WHEREAS, California Government Code Section 65402{a), provides that the Planning Commission must make the finding that the subject property conforms to the General Plan prior to acquisition by the City of Brisbane; and
WHEREAS, the Planning Commission has considered the agenda report and supporting documents concerning the proposed acquisition of lands by the City of Brisbane; and WHEREAS, the subject properties are within the San Bruno Mountain Habitat Conservation Plan (HCP) area, which was established for protection of endangered butterfly species; and
WHEREAS, the City's acquisition of the properties would allow for establishment of open space to further protection of the endangered butterfly species habitat, consistent with the General Plan and the San Bruno Mountain Habitat Conservation Plan (HCP); and WHEREAS, such acquisition is consistent with the City of Brisbane's General Plan, specifically with the land use element which designates this property as Brisbane Acres residential, for low density residential uses, with the aim that at least 40 percent of the lands in the subarea are to be preserved in open space, consistent with General Plan policies 81, 90 and 91;and
WHEREAS, the proposed resolution is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15313 - Acquisition of Lands for Wildlife Conservation Purposes, ATTACHMENT 11
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File Attachments for Item:
K. Adopt a Resolution, “Imposing National Pollutant Discharge Elimination System Compliance Fees on Commercial Property Owners Within an Identified Study Area,” authorizing placement of said charges on the 2025-2026 County Tax Roll, and authorizing the County Tax Collector to collect such charges”
(The NPDES Commercial Property Fees is anticipated to generate $279,854 to assist in offsetting the NPDES budget shortfall.)
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City of Brisbane NPDES Commercial Property Fees
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CITY COUNCIL AGENDA REPORT
Meeting Date: July 17, 2025
From: Randy Breault, Director of Public Works/City Engineer Subject: City of Brisbane NPDES Commercial Property Fees This Resolution is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (2)).
Recommendation
1. Adopt a resolution, “Imposing National Pollutant Discharge Elimination System Compliance Fees on Commercial Property Owners Within an Identified Study Area,” authorizing placement of said charges on the 2025-2026 County Tax Roll, and authorizing the County Tax Collector to collect such charges.”
Background
In 1987, the Environmental Protection Agency, under amendments to the 1972 Clean Water Act, imposed regulations that mandate control and reduction of pollutants in stormwater runoff through the National Pollutant Discharge Elimination System (NPDES) permitting program. In the Bay Area, under the authority of the Porter-Cologne Water Quality Control Act, the San Francisco Bay Regional Water Quality Control Board (Water Board) issues and enforces municipal stormwater NPDES permits.
A revised Municipal Regional Stormwater Permit (MRP 3.0) that applies to all municipalities throughout San Mateo, Santa Clara, Alameda, and Contra Costa counties, as well as the cities of Fairfield, Suisun City, and Vallejo, was approved by the Water Board in late 2022. This permit mandates specific actions, implementation levels, and reporting requirements that each municipality must meet. Failure by municipalities to comply with these new permit requirements may result in significant enforcement action by the Water Board.
In 2024, the City Council acknowledged that the primary contribution to stormwater is the result of impervious materials, and that the two most significant contributors to the square footage of impervious materials are one, the public roads, sidewalks, and public buildings, and two, the comparable contributors within the commercial areas of Crocker Industrial Park, Sierra Point, and a few smaller commercial districts.
The Council subsequently passed Resolution No. 2024-18, which identified a commercial study area, and authorized the collection of fees from the commercial property owners therein due to the direct and significant benefits they receive from the City’s compliance with the NPDES permit issued by the Water Board. Said fees are referred to as “NPDES Commercial Property Fees”.
Discussion
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Attachment A to Resolution No. 2024-18 specified the methodology by which the NPDES Commercial Property Fees are to be calculated annually. The calculations for FY2025-2026 are shown below:
1. In May of 2025 the total of public impervious area was 6,842,347 square feet.
2. In May of 2025 the total of private commercial impervious area within the study area was 13,992,724 square feet.
3. The shortfall for the FY25-26 NPDES budget is calculated as:
Approved Division Budget $615,619.00
Local Stormwater Program fees <$51,550.20>
Solid waste franchise fee revenue <$100,000.00>
Anticipated Measure M revenue <$22,000.00>
Shortfall $442,068.80
4. $442,068.80 ÷ (6,842,347 + 13,992,724) = $0.02 per square foot for FY25-26.
The fee calculated for FY24-25 was also $0.02/square foot.
Fiscal Impact
Based on the above calculations, the NPDES Commercial Property Fees is anticipated to generate $279,854.48 (e.g., $0.02 * 13,992,724) to assist in offsetting the NPDES budget shortfall.
Environmental Review
Approval of this resolution does not need further environmental review under the California Environmental Quality Act (CEQA) as it is general policy and procedure making not applied to a specific instance and therefore it is not a “project” (California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, §15378 (b) (2)).
Attachments
1. Resolution No. 2024-18
2. Resolution No. 2025-XX
__________________________ __________________________
Randy Breault, Director of Public Works/City Engineer Jeremy Dennis, City Manager
187
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188
K.
189
K.
190
K.
191
K.
192
K.
193
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RESOLUTION NO. 2025-__
-1-
RESOLUTION NO. 2025-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
IMPOSING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
COMPLIANCE FEES ON COMMERCIAL PROPERTY OWNERS WITHIN
AN IDENTIFIED STUDY AREA
WHEREAS, the City of Brisbane is required to comply with all the conditions imposed under the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit issued by the San Francisco Bay Region Water Quality Control Board (“Water Control Board”); and
WHEREAS, the legal authority for the Water Control Board to issue a waste discharge permit under the NPDES is the majority of cities and counties in the Bay Area discharge stormwater into the San Francisco Bay; and
WHEREAS, The Water Control Board has determined that stormwater discharges from urban areas are significant sources of pollutants that cause or may be causing water quality impairment in the Bay; and
WHEREAS, the primary contribution to stormwater is the result of impervious materials (e.g., buildings, roads, parking lots) that prevent rain from percolating into the soil; and
WHEREAS, The City’s two most significant contributors to the square footage of impervious materials are one, the public roads, sidewalks, and public buildings, and two, the comparable contributors within the commercial areas of Crocker Industrial Park, Sierra Point, and a few smaller zoned commercial districts; and WHEREAS, to prevent this degradation of water quality in the Bay, the Water Control Board issued an updated Municipal Regional Permit effective July 21, 2022; the permit includes 22 provisions that the City must comply with or potentially face fines of up to $10,000 per day; and
WHEREAS, these provisions include detailed oversight of all development to ensure stormwater controls are implemented; regular inspections of industrial and commercial properties; implementation of an illicit discharge detection and elimination program; and trash load reduction; and
WHEREAS, the latter provision is one of the most expensive, as it requires placement of trash capture devices in nearly all of the City’s storm drain inlets, and also includes at least annual cleaning and inspection of these storm drain inlets; and WHEREAS, in order to comply with the conditions of the permit, the City necessarily incurs significant costs, including the cost (a) to inspect properties to ensure that the owners are demonstrating compliance with capturing trash, (b) to inspect for illegal storm water discharges and connections, (c) to monitor and protect the receiving
194
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RESOLUTION NO. 2025-__
-2-
storm water runoff (the Lagoon and the Bay), (d) for street sweeping, (e) to inspect and clean catch basins and (f) to pay additional fees imposed by the City/County Association of Governments of San Mateo County to comply with Water Control Board requirements; and WHEREAS, The City’s budgeted cost in FY 25-26 to meet all these provisions is $615,619 and even with the input of $52,000 collected from all Brisbane parcels for the local stormwater program, franchise fees from solid waste haulers, and funding sources such as San Mateo County Measure M, the City’s shortfall for the NPDES program budget is $442,068; and
WHEREAS, in 2024 staff identified a “commercial study area” where the parcels in said area with impervious materials (e.g., building roofs, parking lots, etc.) would be subject to the proposed fee; each parcel owner within the study area was sent correspondence dated March 25, 2024 requesting input on the proposed fee, and was later sent correspondence dated April 18, 2024 advising that the city had scheduled a public hearing on June 6, 2024 to consider protests to imposing the fees; and
WHEREAS, because commercial property owners benefit directly and significantly from the City’s NPDES program, it is fair to allocate a certain percentage of the cost of the fees for this program to such owners; and
WHEREAS, on June 6, 2024 the City Council passed Resolution No. 2024-18 imposing National Pollutant Discharge Elimination System Compliance Fees on Commercial Property owners Within an Identified Study Area; WHEREAS, the limits of the Identified Study Area are shown in Attachment A to Resolution No. 2024-18, on file in the office of the City Clerk of Brisbane; WHEREAS, Resolution No. 2024-18 required the fees to be calculated annually as follows:
1. In May of 2025 the total of public impervious area was 6,842,347 square feet.
2. In May of 2025 the total of private commercial impervious area within the study area was 13,992,724 square feet.
3. The shortfall for the FY25-26 NPDES budget is calculated as:
Approved Division Budget $615,619.00
Local Stormwater Program fees <$51,550.20>
Solid waste franchise fee revenue <$100,000.00>
Anticipated Measure M revenue <$22,000.00>
Shortfall $442,068.80
4. $442,068.80 ÷ (6,842,347 + 13,992,724) = $0.02 per square foot. /
/
/
/
/
/
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RESOLUTION NO. 2025-__
-3-
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brisbane as follows:
1. The fee schedule of $0.02 per square foot of impervious area for National Pollutant Discharge Elimination System Compliance on Commercial Property Owners Within an Identified Study Area is approved.
2. The fees shall be effective as of July 1, 2025 and shall be collected by the San Mateo County Tax Collector.
________________________________
Cliff Lentz, Mayor
* * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Brisbane held on the sixth day of July ___, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
________________________________
Ingrid Padilla, City Clerk
196
K.
File Attachments for Item:
L. City of Brisbane Local Stormwater Program Fees
1. Open the Public Hearing and take public comment. Close the Public Hearing, and if appropriate, overrule any objections to the imposition of fees related to the National Pollutant Discharge Elimination System (NPDES)
2. Consider Adoption of a Resolution, “A Resolution of the City Council of the City of Brisbane Imposing Charges for Funding the Local Brisbane Stormwater Program, Authorizing Placement of Said Charges on the 2025-2026 County Tax Roll and Authorizing the County Tax Collector to Collect Such Charges.”
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City of Brisbane Local Stormwater Program Fees
1 of 3
CITY COUNCIL AGENDA REPORT
Meeting Date: July 17, 2025
From: Dolan Shoblo, Regional Compliance Program Manager Subject: City of Brisbane Local Stormwater Program Fees This Resolution is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (2)).
Recommendation
1. Open the Public Hearing and take public comment. Close the Public Hearing, and if appropriate, address any objectionsto the imposition of fees related to the Local Stormwater Program.
2. Adopt a resolution, “Imposing Charges for Funding the Local Brisbane Stormwater Program, Authorizing Placement of Said Charges on the 2025-2026 County Tax Roll, and Authorizing the County Tax Collector to Collect Such Charges.”
Background
In 1987, the Environmental Protection Agency, under amendments to the 1972 Clean Water Act, imposed regulations that mandate control and reduction of pollutants in stormwater runoff through the National Pollutant Discharge Elimination System (NPDES) permitting program. In the Bay Area, under the authority of the Porter-Cologne Water Quality Control Act, the San Francisco Bay Regional Water Quality Control Board (Water Board) issues and enforces municipal stormwater NPDES permits.
A revised Municipal Regional Stormwater Permit (MRP 3.0) that applies to all municipalities throughout San Mateo, Santa Clara, Alameda, and Contra Costa counties, as well as the cities of Fairfield, Suisun City, and Vallejo, was approved by the Water Board in late 2022. This permit mandates specific actions, implementation levels, and reporting requirements that each municipality must meet. Failure by municipalities to comply with these new permit requirements may result in significant enforcement action by the Water Board.
Discussion
The recommended Resolution imposes charges for the City of Brisbane Local Stormwater Program, and authorizes the County Tax Collector to place such charges on the property tax roll.
The total fee assessment (charges) per the 2025 Engineer’s Report is approximately $51,550. The annual charge per parcel is not changed from previous years.
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City of Brisbane Local Stormwater Program Fees
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The 2025 Engineer's Report (Attachment 2) provides detailed information on fee calculation for the Local Stormwater Program. Note that this report is calculated based on draft data and minor corrections may be made by staff after adoption of the resolution if final county assessor data received differs from draft data.
The Engineer’s Report also notes the Basic and Additional Fees of the Countywide NPDES Program operated by the City and County Association of Governments of San Mateo County (C/CAG). C/CAG collects their program’s basic fees directly from parcel owners on the tax roll.
The Additional Fees are paid to C/CAG from the City’s’ NPDES Division budget.
Fiscal Impact
The city’s recommended local NPDES program budget for 2025-2026 is: $615,619 The 2025 Engineer's Report for Stormwater Management Fees estimated the previous year’s actual property tax revenue for the City's Local Stormwater Program of approximately: $51,550
Revenues from solid waste franchise fees: $100,000
(designated for trash capture activities, both increased street cleaning and sweeping and maintenance of trash capture devices)
Anticipated revenues from Measure M ($10 vehicle registration fee): $22,000 Anticipated revenue from New Commercial Fee adopted by Council 6/20/24 : $297,000 The estimated budget shortfall for this program is therefore: $145,000 The City’s costs to maintain compliance with the various NPDES clean water requirements have increased significantly since the Water Board’s 2022 issuance of the Municipal Regional Permit (MRP 3.0). The following general description reveals the large number of city employees who participate both in daily/weekly activities to comply with the MRP, and who also attend regular meetings with C/CAG to address permit requirements:
• Director of Public Works/City Engineer – overall permit compliance, illicit discharge control, construction controls, serves as Chairperson of C/CAG Stormwater Committee • Regulatory Compliance/Maintenance Program Manager – facilities inspections, trash capture program, corporation yard site controls, and new MRP 3.0 requirements such as PCB and mercury regulations, green infrastructure requirements, unsheltered populations and additional cost and asset management reporting. • Senior Planner – new development controls, copper controls, PCB controls • Deputy Director of Public Works (Utilities) – monitoring potable water discharges, storm drain maintenance
• Deputy Director of Public Works – street sweeping
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City of Brisbane Local Stormwater Program Fees
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• Team Leader (Buildings & Grounds) – pesticides toxicity control • Team Leader (Utilities) – trash capture device cleaning, potable water discharge monitoring
• Public Works Inspector – construction controls
• Administrative Assistant – assists with overall permit compliance, public information and outreach, compiles annual report
Environmental Review
Approval of this resolution does not need further environmental review under the California Environmental Quality Act (CEQA) as it is general policy and procedure making not applied to a specific instance and therefore it is not a “project” (California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, §15378 (b) (2)).
Attachments
1. Resolution No. 2025-XX
2. 2025 Engineer’s Report for Stormwater Program Management Fees __________________________
Dolan Shoblo, Regional Compliance Program Manager
_________________________ __________________________
Randy Breault, Director of Public Works/City Engineer Jeremy Dennis, City Manager
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1 Resolution No. 2025-__
RESOLUTION NO. 2025-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE IMPOSING
CHARGES FOR FUNDING THE LOCAL BRISBANE STORMWATER PROGRAM, AUTHORIZING PLACEMENT OF SAID CHARGES ON THE 2025-2026 COUNTY
TAX ROLL, AND AUTHORIZING THE COUNTY TAX COLLECTOR TO COLLECT
SUCH CHARGES
WHEREAS, the Environmental Protection Agency, under the 1987 amendments to the Federal Clean Water Act, imposed regulations that mandate local governments to control and reduce the amount of storm water pollutant runoff into receiving waters; and WHEREAS, under the authority of the California Porter-Cologne Water Quality Control Act, the State Water Resources Control Board has delegated authority to its Regional Water Quality Control Boards to invoke permitting requirements upon counties and cities; and WHEREAS, in 1993 and 1999, the San Francisco Bay Regional Water Quality Control Board issued countywide National Pollutant Discharge Elimination System (NPDES) stormwater permits to all municipalities within San Mateo County; and
WHEREAS, in fall of 2022, the San Francisco Bay Regional Water Quality Control Board issued a new NPDES stormwater permit, the Municipal Regional Stormwater Permit MRP 3.0 that applies to all municipalities within San Mateo County and other portions of the Bay Area; and WHEREAS, the efforts for the control of stormwater pollution under the Municipal Regional Stormwater Permit require a Local Brisbane Stormwater Program; and WHEREAS, Section 5471 of the California Health and Safety Code and Section 13.06.060 of the City’s Storm Water Ordinance authorize imposition of charges for a Local Brisbane Stormwater Program; and
WHEREAS, said Local Brisbane Stormwater Program has been submitted to the City Council pursuant to the 2024 Engineer's Report for Stormwater Management Fees, which includes mandated tasks and associated costs, and an estimated amount to be collected of $51,550; and WHEREAS, the City held a public hearing to consider imposition of annual tax roll charges that fund the Local Brisbane Stormwater Program; and
WHEREAS, the San Mateo County Tax Collector has agreed to place such charges on the 2025- 2026 County Tax Roll.
NOW, THEREFORE, BE IT RESOLVED THAT
1. The City Council of the City of Brisbane hereby adopts the 2025 Engineer’s Report for Stormwater Management Fees as filed with the City Clerk and overrules any objections or protests to the Engineer’s estimate of costs and user fee structure, or to the implementation of the stormwater management program described therein.
2. The County Controller is hereby authorized to place the City of Brisbane Local Stormwater Management Fees on the fiscal year 2025-2026 County Tax Roll, and that the County Tax Collector be and hereby is authorized to collect such charges in the same
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2 Resolution No. 2025-__
manner, by the same person, and at the same time as, together with and not separately from, the general taxes applicable to real property in the City of Brisbane, as follows:
Single Family (R-1&2) $9.48
Multi Family (R-3) $21.64
Commercial/Industrial (1) $19.94
Commercial/Industrial (2) $254.20
Vacant Land (3) $18.34
Vacant Land (4) $55.16
Vacant Land (5) $212.18
Vacant Land (6) $927.80
(1) Land use designation generally within Central Brisbane and Southwest Bayshore. (2) Land use designation generally within all other areas except areas included in (1). (3) Vacant land with an area less than 1 acre.
(4) Vacant land with an area greater than 1 acre but less than 5 acres. (5) Vacant land with an area greater than 5 acres but less than 20 acres. (6) Vacant land with an area greater than 20 acres.
3. The cost for such service, $1.35 per parcel, is hereby authorized to be retained by the County from such collections, the balance of which is to be remitted to the City of Brisbane.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a copy of this Resolution to the San Mateo County Board of Supervisors.
________________________________
Cliff Lentz, Mayor
* * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Brisbane held on the eighteenth day of July 17, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
________________________________
Ingrid Padilla, City Clerk
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2025 ENGINEER'S REPORT
for
STORMWATER PROGRAM MANAGEMENT FEES
Purpose
The purpose of this report is to define the City of Brisbane stormwater management program and the method utilized in determining the user fee structure to be applied by Assessor's Parcel Number (APN) and to appear on the County Tax Roll for Fiscal Year 2025-2026.
History
The Environmental Protection Agency, under the 1987 amendments to Section 402(p) of the Clean Water Act, imposed regulations mandating local governments manage stormwater discharges as a means of reducing pollution in public bodies of water. The California State Water Resources Control Board delegated enforcement authority to the Regional Water Quality Control Boards (RWQCB) to ensure compliance with the Clean Water Act. The San Francisco Bay RWQCB, under Section 13370 et seq of the California Water Code, requires the City of Brisbane and all other municipal stormwater dischargers in San Mateo, Santa Clara, Alameda, and Contra Costa counties, as well as the cities of Fairfield, Vallejo, and Suisun City to control significant sources of stormwater pollution as co-permittees under a Municipal Regional Stormwater Permit 3.0, referenced as Order R2-2015-0049 and National Pollutant Discharge Elimination System (NPDES) Permit No. CAS612008.
As a condition of the Municipal Regional Stormwater Permit, the City of Brisbane and other municipal stormwater dischargers are required to meet specific requirements in a variety of program areas that address the multiple potential pollutant sources that can impact a municipal storm drain system. Compliance efforts in San Mateo County are implemented in two ways:
those that have countywide benefit or significance are implemented by the City/County Association of Governments of San Mateo County (C/CAG) through its San Mateo Countywide Water Pollution Prevention Program (Countywide Program), and those that are specific to a local jurisdiction are implemented through municipality-specific programs. Administration of Brisbane's local program is primarily managed by the City's Public Works Department.
STORMWATER MANAGEMENT PROGRAM
Background Information
The process of urbanization increases rainwater runoff. As trees and grass are cleared, pervious ground cover is frequently replaced by impervious concrete, asphalt, or brick. Rainwater can no longer seep into the ground. If this stormwater is not properly managed, flooding may result.
Often, municipal drainage systems are designed for flows resulting from pre-development runoff, and become undersized when impervious area is increased by building structures, driveways, and parking lots. Further, increased stormwater runoff makes areas not covered by 1 of 12 Page 6 of 17
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impervious materials more susceptible to erosion, and as a result, sediment may discharge to the storm drain system.
Stormwater runoff flowing over man-made surfaces such as roads and parking lots can also contribute to water quality degradation. The natural purification that occurs when water flows through the subsurface is lost. As rainwater flows over impervious surfaces, it can pick up pollutants such as engine oils, pesticides, fertilizers, and trace metals like lead, copper, or zinc.
These contaminants are frequently toxic to humans and aquatic life.
Stormwater pollution can come from point and non-point sources. Point sources are attributable to a distinct point of discharge, such as a pipe into a water body. Point source pollution can include illegal storm drain connections at industrial facilities or cross connections between sanitary and storm sewer systems. Non-point source pollution, such as overland flow or sheet runoff, is not attributable to a distinct point of discharge, and is a major contributor to water quality degradation in California. Problems that magnify non-point source pollution include channel erosion, sedimentation due to construction and land development, hydrologic modification, physical habitat alteration, excessive or poorly timed application of pesticides and fertilizers, natural or engineered agricultural subsurface drainage, septic systems, livestock grazing, and urban runoff. Oil and grease from parking lots and driveways, nutrients, littering, animal waste, accidental spills, soil erosion and air pollution all contribute to non-point source discharges in urban areas. Urban runoff is the focus of stormwater pollution prevention regulations in Brisbane.
Program Structure
The Municipal Regional Permit requirements implemented at both the Countywide Program and municipality-specific levels fall into seven main program areas, the central focus of each being summarized as follows:
1. Municipal Government Maintenance Activities - Ensure development and implementation of appropriate Best Management Practices by all municipalities to control and reduce nonstormwater discharges and polluted stormwater to storm drains and watercourses during operation, inspection, and routine repair and maintenance activities of municipal facilities and infrastructure.
2. New Development and Construction Controls – Use planning authorities to include appropriate source control, site design, and stormwater treatment measures in new development and redevelopment projects to address both soluble and insoluble stormwater runoff pollutant discharges and prevent increases in runoff flows from new development and redevelopment projects. This goal is to be accomplished primarily through the implementation of low impact development techniques. Municipalities also implement a construction site inspection and control program at all construction sites, with follow-up and enforcement consistent with an enforcement response plan, to prevent construction site discharges of pollutants and impacts on beneficial uses of receiving waters.
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A. Industrial and Commercial Site Controls – Implement an industrial and commercial site control program at all sites which could reasonably be considered to cause or contribute to pollution of stormwater runoff, with inspections and effective follow-up and enforcement to abate actual or potential pollution sources consistent with an enforcement response plan to prevent discharge of pollutants and impacts on beneficial uses of receiving waters.
B. Illicit Discharge Detection and Elimination – Implement illicit discharge prohibitions and ensure illicit discharges are detected and controlled. Municipalities shall develop and implement an illicit discharge program that includes an active surveillance component and a centralized complaint collection and follow-up component to target illicit discharge and non-stormwater sources.
4. Public Information and Outreach – Increase the knowledge of the target audiences regarding the impacts of stormwater pollution on receiving water and potential solutions to mitigate the problems caused, change the waste disposal and runoff pollution generation behavior of the target audiences by encouraging implementation of appropriate solutions, and involve various citizens in mitigating the impacts of stormwater pollution.
5. Water Quality Monitoring – Perform water quality monitoring activities to address specific management questions related to the health of San Francisco Bay and local receiving waters, including status and trends monitoring and pollutants of concern/long-term trends monitoring. Additional specific monitoring projects are required, including projects addressing water quality stressor/source identification, Best Management Practices effectiveness evaluations for stormwater treatment or hydrograph modification control, and geomorphic analyses to identify how and where creeks can be restored or protected to costeffectively reduce the impacts of pollutants, increased flow rates, and increased durations of urban runoff.
6. Pollutants of Concern
A. Pesticides Toxicity Control – Implement control programs to prevent the impairment of urban streams by pesticide-related toxicity. The control programs addresses municipalities' and others' use of pesticides within municipal jurisdictions that pose a threat to water quality and have the potential to enter the municipal storm drain system. Pesticides of concern include organophosphorus pesticides, pyrethroids, carbamates, and fipronil.
B. Trash Load Reduction – Implement control measures and other actions to reduce trash loads from municipal storm sewers by 100% trash load reduction or no adverse impacts to receiving waters from trash by 2025. This includes developing and implementing Short and Long Term Trash Load Reduction Plans, which includes installation and maintenance of trash capture devices within the storm drain system, enhanced street sweeping and targeted On-Land Cleanups and cleanup and abatement progress on trash hot spots.
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C. Mercury and Polychlorinated Biphenyls (PCBs) – Initiate control programs for mercury and PCBs to implement the urban runoff requirements of the San Francisco Bay mercury and PCBs Total Maximum Daily Loads (TMDLs) and reduce mercury and PCB loads to make substantial progress toward achieving the urban runoff load allocations established in the mercury and PCBs TMDLs. These programs include pilot projects to investigate and abate mercury and PCB sources in drainages, including public rights-of-way, and stormwater conveyances with accumulated sediment that contain elevated mercury and PCB concentrations, to evaluate and enhance municipal sediment removal and management practices, to evaluate on-site stormwater treatment via retrofit, and diversion of dry weather and first flush flows to publicly owned treatment works.
D. Copper Controls – Implement control measures identified in the Regional Water Quality Control Board's Basin Plan to support approved copper site-specific objectives for San Francisco Bay. Control measures include managing waste generated from cleaning and treating copper architectural features, managing discharges from pools, spas, and fountains that contain copper-based chemicals, engage in efforts to reduce copper discharged from automobile brake pads to surface waters via urban runoff, and ensuring proper management of copper by industrial sources.
E. Polybrominated Diphenyl Ethers (PBDEs), Legacy Pesticides, and Selenium – Implement programs to gather concentration and loading information for PBDEs, legacy pesticides, and selenium to identify, assess, and manage controllable sources of these pollutants in urban runoff, if any.
7. Exempted and Conditionally Exempted Discharges – Implement programs to ensure discharges to the storm drain system with minimal pollutant concern, such as uncontaminated groundwater, diverted stream flows, and pumped groundwater from foundation drains are properly managed and monitored to eliminate adverse impacts to receiving waters.
COUNTYWIDE PROGRAM
The Countywide Program centrally manages the efforts that provide overall benefits to the County and all cities and towns within the county involved with implementation of the Municipal Regional Permit requirements. The seven permit components described above delineate work tasks to be undertaken and completed during the 2025-2026 fiscal year.
The NPDES Countywide Program Budget is adopted by annually by C/CAG. The City of Brisbane is required to contribute proportionate funding to the Countywide Program. This perparcel funding is divided into two categories, the Basic and the Additional Fees. The Basic Fee was established to fund the original Countywide Program activities when the NPDES permit was first adopted. The Additional Fees were established to fund additional Countywide Program activities required by the Regional Board subsequent to establishment of the Basic Fees. 4 of 12 Page 9 of 17
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The Basic and Additional Fees are calculated as follows:
Basic Annual Charges:
• Single Family Residence: $3.44/parcel
• Miscellaneous, Agriculture, Vacant and Condominium: $1.72/parcel • All Other Land Uses: $3.44/parcel for the first 11,000 square feet plus $0.32 per 1,000 additional square feet of parcel area
Additional Annual Charge (Adjusted Annually by Consumer Price Index):
• Single Family Resident: $4.16/parcel
• Miscellaneous, Agriculture, Vacant and Condominium: $2.08/parcel • All Other Land Uses: $4.16/parcel for the first 11,000 square feet plus $0.38 per 1,000 additional square feet of parcel area
The Countywide Program’s Basic and Additional Fees for 2025-2026 that will be charged to the City of Brisbane are estimated at approximately $7,500 and $12,500, respectively. The City of Brisbane has historically authorized the Countywide Program to assess and collect the Basic Fees directly through separate property tax assessments, whereas the Additional Fees are paid to C/CAG out of the City’s General Fund. This approach prevents the Additional Fees from being billed to property owners.
CITY OF BRISBANE LOCAL STORMWATER PROGRAM
City Facilities
The City of Brisbane is responsible for all public drainage facilities within its jurisdiction that collect stormwater and convey it to San Francisco Bay. Brisbane’s facilities include the City's streets, curbs and gutters, catch basins, pipelines, culverts, and open channels.
Stormwater is collected from private property and public streets in two open channels; the Guadalupe Valley Municipal Improvement District (GVMID) Basin Channel and the Bayshore Storm Drain Basin Channel. This stormwater is generally conveyed through these channels to underground box culverts which ultimately outfall to the Bay. The GVMID Basin Channel outfall delivers stormwater via the Lagoon box culvert. This outfall receives water from most of Central Brisbane as well as the Guadalupe Valley and discharges this water into the Lagoon.
Stormwater that enters the Lagoon eventually flows to the Bay through two box culverts under US 101. The Bayshore Storm Drain Basin Channel receives stormwater mainly from the undeveloped land in northern Brisbane as well as portions of Daly City and discharges this water to the Bay through a single box culvert under US 101. Stormwater from Sierra Point generally outfalls to the Bay through multiple culverts located along the perimeter of the Sierra Point Peninsula.
During normal rainfall, flooding potential in Brisbane is low. During heavy rains, however, localized flooding can and has occurred in some areas. Some trunk lines, drain pipes, catch basins and other structures are undersized, and additional catch basins are needed. The City’s 5 of 12 Page 10 of 17
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2003 Storm Drainage Master Plan proposed Capital Improvement Projects to address these issues.
Local Program Elements
The following is a description of City-specific actions that will be implemented to meet the Municipal Regional Stormwater Permit requirements that were generally described previously in this report. These descriptions detail the City-specific efforts that will be performed to address these requirements. Following this description is a summary of the City's stormwater budget for 2025-2026.
1. Municipal Government Maintenance Activities - This program is intended to prevent pollution of stormwater runoff through improvements in municipal government maintenance activities and associated programs. This program focuses on preventing nonstormwater discharges or polluted stormwater associated with street and road repair and maintenance activities, sidewalk/plaza maintenance and pavement washing, bridge and structure maintenance and graffiti removal, and implementing management measures at the City corporation yard. This program includes contractual street sweeping services, development and implementation of a Stormwater Pollution Prevention Plan for the corporation yard, management of the City's maintenance contractors, and participation in Countywide Program subcommittees and activities related to municipal maintenance.
2. New Development and Construction Controls – This program focuses on controlling stormwater pollution from construction sites, new developments, and redevelopment areas. Tasks include developing and implementing planning, inspection, and enforcement procedures, developing and implementing requirements for post-construction controls, inspecting stormwater treatment measures to ensure proper operation and maintenance, and providing education and training to construction site operators. The Municipal Regional Stormwater Permit require municipalities to ensure applicable new and redevelopment projects manage stormwater runoff using Low Impact Development techniques, primarily focused on harvesting and use, evapotranspiration, and infiltration to groundwater. This program includes implementation of planning procedures to ensure all applicable projects incorporate appropriate site design, source control, and stormwater treatment measures.
3. Industrial, Commercial, and Illicit Discharge Controls a. Industrial and Commercial Site Controls – This element of the program is designed to control pollutants discharged to municipal storm drains from commercial and industrial facilities. Specific focus is placed upon facility inspection, providing information and assistance to facility managers about reducing pollutants in stormwater from these facilities, and implementing escalating enforcement responses for instances of non-compliance. This program includes staff participation in Countywide Program subcommittees and compliance with the requirements to develop and implement an 6 of 12 Page 11 of 17
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information/inspection program, in coordination with existing County Health department commercial/industrial inspection programs.
b. Illicit Discharge Detection and Elimination – This program element focuses on identifying and eliminating illicit discharges to the storm drain system by identifying major outfalls, conducting inspections of the storm drain system, identifying and eliminating illicit connections, inspecting for evidence of illegal dumping and tracking illicit discharges to their sources, providing information to the public about proper disposal alternatives, and implementing an effective enforcement response plan. This program includes staff participation in Countywide Program activities, City staff monitoring of illicit discharges in coordination with County Hazardous Waste Inspectors, and compliance with inspection procedures and enforcement activities.
4. Public Information and Outreach – This program is intended to inform the public about sources of stormwater pollution, how it reaches local waterways, types of common activities that contribute to stormwater pollution, its effects on receiving waters, and to encourage public involvement in reducing the amount of pollutants entering the City's storm drain system. The public information component of this program overlaps with other program elements described below. This program includes participation in Countywide Program activities, dissemination of educational materials, including the preparation of periodic notices to be placed in the local media, and the planning and implementation of local community volunteer activities.
5. Water Quality Monitoring – This element of the program on the City level is to support Countywide Program staff in performing required monitoring activities as part of a Regional Monitoring Collaborative with other Bay Area stormwater permittees. This program element includes participation in Countywide Program activities and providing input to Countywide Program staff on proposed monitoring activities and programs.
6. Pollutants of Concern
a. Pesticides Toxicity Control – This element of the program includes implementation of the City's adopted Integrated Pest Management resolution and ensuring less toxic methods of pest control in all City operations, including activities performed through contractors. City staff also provides outreach materials on less-toxic methods of pest control to the public. This program element includes participation in Countywide Program activities and supporting the Our Water Our World program implementation in local retailers selling pest control materials.
b. Trash Load Reduction – This element of the program includes developing and implementing Short and Long-Term Trash Load Reduction plans, identification and annual cleanup/assessment of one trash hot spot, and implementation of various control measures to reduce trash loadings in the City's storm drain system. 7 of 12 Page 12 of 17
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This program also includes participation in Countywide Program's trash control subcommittee.
c. Mercury and Polychlorinated Biphenyls (PCBs) – This program element includes providing support to Countywide Program staff on implementation of the required programs and pilot projects for addressing mercury and PCBs. These program elements are primarily managed at the Countywide Program level; however, this program element includes funding for City staff participation in relevant Pollutant of Concern subcommittees and activities. The City will investigate opportunities for Green Infrastructure installations to meet our portion of San Mateo County’s mercury reduction goals.
d. Copper Controls – This program element includes participation and support of Countywide Program efforts directed at regional copper management issues, such as the statewide Brake Pad Partnership, and implementation of local planning, inspection, education, and enforcement efforts to address stormwater discharges from any permitted architectural copper installations or pool, spa, and fountain discharges containing copper algaecides. This program includes City participation in Countywide Program subcommittees and activities related to copper controls.
e. Polybrominated Diphenyl Ethers (PBDEs), Legacy Pesticides, and Selenium – This program is primarily managed at the Countywide Program level and includes City staff participation in relevant Countywide Program subcommittees and activities.
7. Exempted and Conditionally Exempted Discharges – This program element includes management and oversight of exempted and conditionally exempted discharges to the City's storm drain system to ensure compliance with permit conditions. This includes City staff implementing management measures for potable water discharges to the storm drain system and ensuring appropriate conditions of approval on new and redevelopment projects to properly manage any exempted or conditionally exempted discharges. This program includes City participation in Countywide Program subcommittees and activities related to exempted and conditionally exempted discharges.
8. Establish Program and Collect Fees – Implementation of the program requires the City’s Finance Department to manage the NPDES Fund and the County Flood Control District to collect the City's Local Program fee in the same manner as the Countywide Program fee.
This program includes the Additional Annual Fee collected by C/CAG and funded from the City’s General Fund.
Summary of Budget Department 6140 (NPDES)
1. Salaries and Benefits $ 369,823
2. Services and Supplies (excluding anticipated Additional Fees) $ 97,500
3. Annual C/CAG NPDES Additional Fees (from General Fund) $ 12,500 8 of 12 Page 13 of 17
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4. Indirect Costs $ 135,796
TOTAL $ 615,619
USER FEE FORMULA
Method
The City of Brisbane developed a formula for calculating stormwater fees that remains unchanged since it was first utilized after stormwater fees were authorized by the Council in July 1994. The user fee formula is based on two distinct concepts: (1) an administrative fee should be shared equally by all parcels to cover program administration costs; and (2) an assessment fee should be charged in proportion to the storm drainage service utilized and the amount of pollutants or sediment generated by each type of parcel. Average parcel square footage and assumptions explained below regarding the types of land uses for each zone were used to develop an equitable assessment fee structure.
Generally speaking, residential properties contribute equal amounts of water to the storm drain system. For this reason, the formula charges single-family residential properties a uniform user fee based on estimated runoff from an average single-family property. This practice is common in other cities and is equitable because these properties benefit equally from City-wide services such as public streets, sidewalks and parking.
On average, 50% impervious cover per parcel is generally accepted as the typical impervious area for a single-family residential dwelling. Using an average single-family parcel area of 4,823 square feet and 50% impervious cover, a standard impervious area of 2,411 square feet was defined as an Equivalent Single-family Unit (ESU). In determining the assessment portion of the stormwater user fee for the various parcels in the City, the following formula is used:
User Fee = Single Family Fee x (Number of ESUs)
The impervious area for non-residential properties and vacant land was devised by use of runoff area and general land characteristics and use. As shown on Exhibit A, entitled “Storm Drain Program Rate Analysis,” small commercial and industrial land uses are estimated to have approximately 100% runoff area, large commercial and industrial land uses are estimated to have approximately 80% runoff area, and vacant land is estimated to have 20-50% runoff area, as opposed to single family residential properties, which are estimated to have approximately 50% impervious area. These estimates, along with the other land use runoff area estimates on the attachment, are all consistent with the general runoff coefficients used in standard engineering practices.
For the storm drain user fee formula, current land use classifications are generally consolidated into the following four categories and further broken down to group commercial/industrial and vacant land by average lot size:
1. Single-Family Residential (R-1 and R-2) - This classification is based upon 50% impervious area which equate to a runoff coefficient of 0.5.
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2. Multi-Family High Density (R-3) - All the remaining residential classifications are based upon the assumption that the higher density properties, which generally consist of the apartments along San Bruno and Visitacion Avenues and the trailer park, have approximately 100% impervious surface area, as opposed to 50% for single-family properties. This 100% impervious surface area equates to a runoff coefficient of 1.0.
3. Commercial/Industrial (1) & (2) - These classifications are based upon the assumption that most small commercial/industrial land uses in Brisbane (Commercial (1)) have a 100% impervious surface area and larger commercial/industrial land uses, (Commercial (2)) have an 80% impervious surface area, as opposed to 50% for single-family properties. These impervious surface areas equate to runoff coefficients of 1.0 for Commercial (1) and 0.8 for Commercial (2).
4. Vacant Land (3), (4), (5) & (6) - Vacant Land (3) accounts for smaller lots with an area less than 1 acre and with increased runoff coefficients. Vacant Land (4) accounts for mid-sized lots with an area greater than 1 acre but less than 5 acres. Vacant Land (5) accounts for larger lots with an area greater than 5 acres but less than 20 acres. Vacant Land (6) accounts for larger lots with an area greater than 20 acres. These classifications are based upon the assumptions that the smaller parcels have higher runoff coefficients based upon their size and proximity and the larger parcels have little or no impervious surfaces and a typical runoff coefficient of 0.2 to 0.5, as opposed to 0.5 for single-family properties.
In developing the total ESUs, the following uses were designated exempt from fee collection:
City Government Activities, Federal and State Government Activities, and Unclassified.
As previously indicated, the City’s user fee formula remains unchanged from inception. The charges per parcel include an administrative fee of $4.50 and the additional fee per ESU of $4.98. The following table details the total annual charges per parcel based on land use type, which remain unchanged from previous years:
ESU Annual Charge
Per Parcel**
Single Family Residential 1.00 $9.48
Multi-Family High Density Residential 3.44 $21.64
Commercial/Industrial (1) 3.10 $19.94
Commercial/Industrial (2) 50.14 $254.20
Vacant Land (3)* 2.78 $18.34
Vacant Land (4)* 10.17 $55.16
Vacant Land (5)* 41.70 $212.18
Vacant Land (6)* 185.40 $927.80
(1) Land use designation generally within Central Brisbane and Southwest Bayshore (2) Land use designation generally within all other areas except areas included in (1) (3) Vacant land with an area less than 1 acre.
(4) Vacant land with an area greater than 1 acre but less than 5 acres. (5) Vacant land with an area greater than 5 acres but less than 20 acres. 10 of 12 Page 15 of 17
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(6) Vacant land with an area greater than 20 acres.
* Additional vacant land designations were added to equally distribute charges based upon land area and runoff generated. The vacant land areas were divided into groups so that the average parcel size more closely reflected the parcel area and distribution within that designation.
This was done by creating new limits as identified in notes 3 through 6 inclusive so that a parcel in the “Acres” was not charged the same as a parcel in the Baylands or in Northwest Bayshore sub-areas.
** Annual charge includes an administrative fee of $4.50 per parcel.
Please note annual charges have been rounded by $0.01 in some cases to allow fees to be evenly divided into semi-annual tax bills received by property owners.
Fee Summary
Exhibit A, entitled "User Classification Fee Summary," presents the anticipated fees to be collected for fiscal year 2025-2026. These fees remain unchanged from previous years. As shown, the anticipated income from per parcel assessments to pay for the costs of the NPDES Countywdie Program Basic is $51,550.20.
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CATEGORY # OF TOT. AREA AVG. AREA RUNOFF RUNOFF ESU PER PARCELS (ACRES) (SF) COEFF. AREA (SF) CATEGORY
SINGLE FAMILY 1,560 109.15 3,048 0.5 1,524 1.00
RESIDENTIAL (R-1)
MULTI-FAMILY 45 6.48 6,273 1.0 6,273 3.44
RESIDENTIAL (R-3)
COMMERCIAL/ 172 23.46 5,941 1.0 5,941 3.10
INDUSTRIAL (1)
COMMERCIAL/ 72 238.45 144,262 0.8 115,410 50.14
INDUSTRIAL (2)
VACANT LAND (3) 108 24.29 9,797 0.5 4,898 2.78
VACANT LAND (4) 36 37.76 45,690 0.4 18,276 10.17
VACANT LAND (5) 13 71.73 240,351 0.3 72,105 41.70
VACANT LAND (6) 8 277.95 1,513,438 0.2 302,688 185.40
TOTALS 2,014 789.27
CATEGORY # OF ADMIN. ESU TOTAL ASSMT/ ASSMT. TOT. FEE/ TOTAL PARCELS FEE ESUs PARCEL FEE TOT. PARCEL FEES
SINGLE FAMILY 1,560 $7,020.00 1.00 1560.00 $4.98 $7,768.80 $9.48 $14,788.80 RESIDENTIAL (R-1)
MULTI-FAMILY 45 $202.50 3.44 154.80 $17.14 $771.30 $21.64 $973.80 RESIDENTIAL (R-3)
COMMERCIAL/ 172 $774.00 3.10 533.20 $15.44 $2,655.68 $19.94 $3,429.68 INDUSTRIAL (1)
COMMERCIAL/ 72 $324.00 50.14 3610.08 $249.70 $17,978.40 $254.20 $18,302.40 INDUSTRIAL (2)
VACANT LAND (3) 103 $463.50 2.78 286.34 $13.84 $1,425.52 $18.34 $1,889.02 VACANT LAND (4) 36 $162.00 10.17 366.12 $50.66 $1,823.76 $55.16 $1,985.76 VACANT LAND (5) 13 $58.50 41.70 542.10 $207.68 $2,699.84 $212.18 $2,758.34 VACANT LAND (6) 8 $36.00 185.40 1483.20 $923.30 $7,386.40 $927.80 $7,422.40 TOTALS 2,009 $9,040.50 $42,509.70 $51,550.20
TOTAL FEES = $51,550.20
CARRY OVER (estimated) = $0.00
ADMIN. FEE / PARCEL = $4.50
ASSMT. FEE / ESU = $4.98
EXHIBIT A to 2025 ENGINEER'S REPORT FOR STORMWATER MANAGEMENT FEES
STORM DRAIN PROGRAM RATE ANALYSIS
(1) LAND USE DESIGNATION GENERALLY WITHIN CENTRAL BRISBANE, AND SOUTHWEST BAYSHORE (2) LAND USE DESIGNATION GENERALLY WITHIN ALL OTHER AREAS EXCEPT AREAS INCLUDED IN (1) (3) VACANT LAND WITH AN AREA LESS THAN 1 ACRE
(4) VACANT LAND WITH AN AREA GREATER THAN 1 ACRE BUT LESS THAN 5 ACRES (5) VACANT LAND WITH AN AREA GREATER THAN 5 ACRES BUT LESS THAN 20 ACRES (6) VACANT LAND WITH AN AREA GREATER THAN 20 ACRES
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File Attachments for Item:
M. Imposition of Fiscal Year 2025-2026 Tax Roll Charges for the Sierra Point Landscaping and Lighting District
1. Hear Statement of Engineer of Record, Read Mayor’s Statement, Hear City Clerk Statement, Open Public Hearing to hear any testimony, Close Public Hearing
2. Consider Adoption of proposed Resolution Addressing Objections and Ordering the Improvements and Confirming the Diagrams and Assessment for Fiscal Year 2025-2026 for the Sierra Point Landscaping and Lighting District.
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CITY COUNCIL AGENDA REPORT
Meeting Date: July 17, 2025
From: Karen Kinser, Deputy Director of Public Works
Subject: Public Hearing on Imposition of Fiscal Year 2025-2026 Tax Roll Charges for the Sierra Point Landscaping and Lighting District Recommendation - The following procedures and actions are recommended:
1. Statement of the Engineer of Record as to the nature of the project.
2. Mayor's statement and declaration that the Public Hearing is open (see Attachment 1).
3. Statement by the City Clerk verifying that the Certificate of Posting and the Resolution of Intention is on file (see Attachment 2), followed by the reading of any written protests by the City Clerk.
4. Hear oral testimony and comments.
5. Close Public Hearing.
6. By motion, adopt the proposed Resolution Addressing Objections and Ordering the Improvements and Confirming the Diagrams and Assessment for Fiscal Year 2025-2026 for the Sierra Point Landscaping and Lighting District.
Background
At its June 26th meeting, the City Council adopted a Resolution of Preliminary Approval of Engineer's Report, and a Resolution of Intention to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972, pertaining to the Sierra Point Landscaping and Lighting District (SPLLD) for Fiscal Year 2025-2026. This year’s Engineer’s Report maintains the previous year’s total assessment amount.
In accordance with state law, joint notice of both the public meeting and the public hearing was mailed to all affected property owners and was posted at City Hall, Brisbane Community Center, Brisbane Public Library and Mission Blue Center. The preliminarily approved Engineer's Report is attached. As of July 3, 2025, no written protests had been received.
Discussion
In addition to the routine maintenance provided within the district, the revenue funds nonannual projects such as deep root watering trees in drought years. In the coming fiscal year, 1 of 17
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aging and rusting street light poles will continue to be replaced and/or repaired and repairs will be made to the shoreline pathway.
Minor corrections to the Engineer’s Report may be made by staff after the adoption of the resolution if final county assessor data received after this action differs from draft data.
Fiscal Impact
This is an annually occurring process that provides the funding mechanism for the work completed within the landscaping and lighting district. If the Council declines to order and levy the collection of assessments, there will be no identified revenue source for the work scheduled in this District. The FY 25-26 budget adopted by Council for Department 6035 (Sierra Point Landscaping and Lighting District) is in the amount of $618,710, and the assessments to be collected via the recommended action are also $591,719. Carryover from prior years will make up the $26,991 difference.
Attachments
1. Opening Statement by the Mayor of the City of Brisbane
2. Clerk’s Statement
3. Proposed Resolution Addressing Objections, Ordering the Improvements and Confirming the Diagrams and Assessment for Fiscal Year 2025-26
4. Engineer’s Report, including Zone 1 and Zone 2 Assessment Diagrams __________________________
Karen Kinser, Deputy Director of Public Works
__________________________ _________________________
Randy Breault, Director of Public Works Jeremy Dennis, City Manager 2 of 17
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OPENING STATEMENT BY THE MAYOR
OF THE CITY OF BRISBANE
JULY 17, 2025
SIERRA POINT LANDSCAPING AND LIGHTING DISTRICT
This is the time and place set for hearing on the Engineer’s Report and the levy and collection of the proposed assessment for Fiscal Year 2025-2026 for the Sierra Point Landscaping and Lighting District. These proceedings were undertaken pursuant to the Landscaping and Lighting Act of 1972.
The Engineer’s Report prepared by the Engineer of Work consists of the proposed improvements, the boundaries of the Assessment District and any zones therein, the proposed diagram, the estimate of cost thereof and the proposed assessments upon assessable lots and parcels of land within the District. Any one of these items may be the subject of protests or endorsements.
You are asked to clearly identify yourself and the property owned by you so that your statements may be correctly recorded.
The hearing is declared open and I will ask the City Clerk to report on the various notices given in connection with the hearing.
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CLERK’S STATEMENT
JULY 17, 2025
SIERRA POINT
LANDSCAPING AND LIGHTING DISTRICT
Notices have been mailed and posted as required by the Landscaping and Lighting Act of 1972. Proofs of mailing and posting are on file in my office. A copy of the Engineer’s Report prepared by the Engineer of Work was filed in my office on June 11, 2025 and has been open to public inspection since that time.
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RESOLUTION NO. 2025-XX
A RESOLUTION OVERRULING PROTESTS AND ORDERING THE IMPROVEMENTS
AND CONFIRMING THE DIAGRAM AND ASSESSMENTS
FISCAL YEAR 2025-2026
SIERRA POINT
LANDSCAPING AND LIGHTING DISTRICT
RESOLVED, by the City Council of the City of Brisbane, California, as follows:
WHEREAS, the Engineer’s Report for Fiscal Year 2025-2026 for the Sierra Point Landscaping and Lighting District Pursuant to the Landscaping and Lighting Act of 1972 was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the City Council for its consideration;
WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act, including (1) plans and specifications of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act;
WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular detail and determined that it should stand as the report for all subsequent proceedings under said Act, and thereby Preliminarily Approved said report via Resolution 2025-26; whereupon said Council, pursuant to the requirements of said Act, appointed Thursday, the 17th day of July, 2025, at the hour of 6:30 p.m. of said day in the Brisbane Community Meeting Room, 50 Park Place, Brisbane, California, 94005 as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 2025-2026 and directing said Clerk to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly mailed, published and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; WHEREAS, persons interested, objecting to said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, filed written protests with the Clerk of said City at or before the conclusion of said hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things were pertaining to the levy and 5 of 17
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collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; and NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows:
1. That protests against said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, for Fiscal Year 2025-2026 be, and each of them are, hereby overruled.
2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto.
3. That the Sierra Point Landscaping and Lighting District and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are more particularly described by reference to a map thereof on file in the Office of the Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said district and of any zone thereof and the general location of said District.
4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district or within any zone thereof contained in said report, be, and they are, hereby finally adopted and approved.
5. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved.
6. That the public interest and convenience require, and said Council does hereby order, the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements.
7. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 2025-26, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said District as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed.
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8. That the assessment of the total amount of the costs and expenses of the said improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance or servicing, or both, thereof and of the expenses incidental thereto contained in said report be, and the same is hereby, finally approved and confirmed.
9. That said Engineer's Report for Fiscal Year 2025-2026 be, and the same is, hereby finally adopted and approved as a whole.
10. That the City Clerk shall forthwith file with the Auditor of San Mateo County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and of the date thereof.
11. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in said Report, as modified, as hereinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council.
12. That the San Mateo County Controller and the San Mateo County Tax Collector apply the Sierra Point Landscaping and Lighting District assessments to the tax roll and have the San Mateo County Tax Collector collect said assessments in the manner and form as with all other such assessments collected by the San Mateo County Tax Collector.
____________________________
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 17th day of July, 2025 by the following vote:
AYES:
NOES:
ABSENT:
______________________________
Ingrid Padilla, City Clerk
City of Brisbane
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CITY OF BRISBANE
SIERRA POINT
LANDSCAPING AND LIGHTING DISTRICT
ENGINEER'S REPORT
on the
Levy of an Assessment
for the
2025 - 2026 Fiscal Year
Prepared by
Karen Kinser, P.E.
Deputy Director of Public Works
June 11, 2025
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I. BACKGROUND
In 1983, the Brisbane City Council determined to undertake proceedings under the provisions of Division 15, Part 2, of the California Streets and Highways Code, entitled “Landscaping and Lighting Act of 1972”, for the formation of an assessment district for the purpose of constructing, installing, maintaining and servicing the following facilities within said district:
a) Public landscaping, including trees, shrubs, grass, other vegetation, and irrigation facilities.
b) Public lighting facilities, including standards, poles, and electric current or energy.
The proposed district was designated the “Sierra Point Landscaping and Lighting District”.
This report was prepared as part of an annually occurring process to detail the assessment charges and district expenses covering the 2025 - 2026 fiscal year.
II. PLANS AND SPECIFICATIONS
The original plans and specifications for this assessment district have been separately bound but are incorporated herein by this reference thereto.
III. ESTIMATE OF COSTS
The costs of this assessment district for the 2025 - 2026 fiscal year are estimated to be as follows:
ZONE l & 2 CONSTRUCTION & MAINTENANCE COSTS
FY 25/26
Employee costs 124,057
Supplies and services 320,106
Administrative costs 174,547
TOTAL ZONE 1 & 2 $618,710
Supplies and services includes safety clothing, maintenance of vehicles and equipment, small tools and supplies, landscape and irrigation maintenance including materials, electricity, and water.
Administrative charges are indirect, overhead costs to manage the district. 9 of 17
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A detailed breakdown of these costs is available to assessees upon request.
Costs associated with this assessment district for the 2025 - 2026 fiscal year are to be paid as follows:
ZONE l & 2 FUNDING SOURCES
FY 25/26
Assessment charges 591,719
Carryover from prior years 26,991
TOTAL ZONE 1 & 2 $618,710
IV. DIAGRAM
The assessment diagrams for Zones 1 and 2 are attached hereto and are a part of this report.
V. ASSESSMENT
The assessments to be made against the assessable lots and parcels of land within this assessment district are attached hereto and are a part of this report.
Respectfully submitted,
Dated ____________________ __________________________
Karen Kinser, P.E.
Deputy Director of Public Works
6/11/25
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Filed in the office of the City Clerk of the City of Brisbane, San Mateo County, California, this __________ day of _________, 2025.
_____________________________
Ingrid Padilla
City Clerk
Filed in the office of the County Controller-Auditor of the County of San Mateo, California, this _________ day of ____________________, 2025.
_____________________________
Juan Raigoza
County Controller
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ASSESSMENT ROLL
ASSESSMENT ASSESSOR'S PARCEL PARCEL
NUMBER NUMBER AREA, AC. ASSESSMENT
ZONE l
A 1 007—165—210 4.41 $24,464
A 2 007—165—230 8.97 49,760
A 3 007—165—110 3.44 19,083
A 4 007—165—050 6.13 34,005
A 5 007—164—020 5.66 31,398
A 6 007—164—010 10.20 56,583
A 7 007—165—240 10.21 56,639
A 8 007—165—140 7.13 39,553
A 9 007—165—150 5.93 32,896
A 10 007—163—030 3.52 19,527
A 11 007—163—040 3.08 17,086
A 12 007—165—120 4.56 25,296
C l 015—011—090 Note1 0
C 2 015—011—100 6.92 38,388
C 3 015—011—130 8.57 47,541
C 4 015—011—120 8.56 47,486
C 5 015—011—140 2.41 13,369
Subtotal Zone 1 99.70 $553,074
1 Although previously assessed, this parcel is owned by California State Lands Commission, which is exempt from local assessments.
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ZONE 2
B l None (placeholder only) -0-
B 2 005—162—430 (Ptn) 15.2 7,190
B 3 005—162—300 66.5 31,455
B 4 005—162—400 (Ptn) Note2 -0-
B 5 005—162—410 (Ptn) 0.23 -0-
B 6 005—162—390 Note4 -0-
B 7 005—162—420 (Ptn) Note4 -0-
Subtotal Zone 2 81.7 $ 38,645
Total 180.99 $591,719
METHOD OF ASSESSMENT SPREAD
The amounts to be assessed against the parcels of property to pay the costs and expenses of the work and improvements shall be based on the estimated benefits to be derived by the various properties within the assessment district.
Construction and maintenance costs shall be segregated by zone, and then spread to the parcels within each zone in proportion to the area of the benefited parcels within the zone.
Incidental expenses shall be spread proportional to the area of benefited parcels within the assessment district.
Due to the County Auditor's requirement that individual parcel assessments be rounded to the nearest even cent, the total of said individual assessments may not exactly equal the total estimate of costs.
2 This portion of this parcel is private land over which the public has been granted access for use as the street, Tunnel Avenue.
3 No assessment has been imposed for a value less than $100. 4 B6 and B7 are publicly owned portions of Tunnel Avenue. 13 of 17
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NAMES AND ADDRESSES OF OWNERS
ASSESSMENT
NUMBER
APN
NUMBER ASSESSEE
A-1 007-165-210 BP3 SF4 1000 Marina LLC
PO Box 927729
San Diego, CA 92192
A-2 007-165-230 BP3 SF5 3000 3500 Marina LLC
PO Box 927729
San Diego, CA 92192
A-3 007-165-110 SNH Brisbane Ca LLC
255 Washington St
Newton, MA 02458
A-4 007-165-050 Grand Sierra Properties, Inc.
150 Executive Park Blvd. #4000
San Francisco, CA 94134
A-5
A-6
007-164-020
007-164-010
HCP Life Science REIT, Inc.
1920 Main St, Suite 1200
Irvine, CA 92614
A-7
A-8
A-9
007-165-240
007-165-140
007-165-150
HCP LS Brisbane LLC
FKA Slough Brisbane LLC
1920 Main St. Suite 1200
Irvine, CA 92614
A-10 007-163-030 Summit Hospitality 114 LLC
12600 Hill Country Blvd., #R-100
Austin, TX 78738
A-11 007-163-040 Bre Sh Brisbane Owner LLC
PO Box A-3956
Chicago, IL 60690-3956
A-12 007-165-120 PPF OFF 7000 Marina Blvd LP
C/O Morgan Stanley Real Estate Advisor
555 California St. 21st Floor
San Francisco, CA 94101
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B-2
B-3
B-4
B-5
005-162-430
005-162-300
005-162-400
005-162-410
Oyster Point Properties, Inc.
150 Executive Park Blvd. #4200
San Francisco, CA 94134-3332
B-6
B-7
005-162-390
005-162-420
City of Brisbane
50 Park Place
Brisbane, CA 94005
C-1 015-011-090 State of California
C/O State Lands Commission
Attn: Title Unit
100 Howe Ave., Ste. 100
Sacramento, CA 95825
C-2 015-011-100 HCP Life Sciences REIT, Inc.
3000 Meridian Boulevard #200
Franklin, TN 37067
C-3 015-011-130 DW LSP 5000 Shoreline LLC
C/O Divco West Real Estate Group
Attn: Sam Hamilton
PO Box 130667
Carlsbad, CA 92013
C-4 015-011-120 DW LSP 5000 Shoreline LLC
C/O Divco West Real Estate Group
Attn: Sam Hamilton
PO Box 130667
Carlsbad, CA 92013
C-5 015-011-140 GNS Shoreline LP
PO Box 71970
Phoenix, AZ 85050
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8.97 Ac 007-165-230 007-165-110 3.44 Ac 007-165-050 007-164-020 6.13 Ac 5.66 Ac 007-164-010 10.20 Ac 007-165-210 4.41 Ac 007-165-240 10.21 Ac 007-165-140 7.13 Ac 007-165-150 5.93 Ac 3.08 Ac 007-163-040 D D D D D D D D D D D DD D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D 007-163-030 3.52Ac 015-011-140 2.41 Ac 6.92 Ac 015-011-100 8.57 Ac 015-011-110 2.98 Ac 015-011-090 8.56 Ac 015-011-120 STATE OF CALIFORNIA SOUTHERN PACIFIC D 007-165-120 4.56 Ac D D LEGEND DISTRICT BOUNDARY PARCEL BOUNDARY ASSESSMENT NUMBER SPECIFICATIONS The construction or installation, including the maintenance or servicing, or both, of public landscaping trees, shrubs, grass or other vegetation. The construction or installation, including the maintenance or servicing, or both, of public lighting facilities, including standards, poles and electric current or energy. ASSESSORS PARCEL NUMBER AS OF MAP DATE COUNTY RECORDER’S STATEMENT Filed this ____ day of ________, 2025 at ___ a.m./p.m. in Book ______ of Assessment Maps, at page (s) _________, at the request of Ingrid Padilla, City Clerk of the City of Brisbane. Mark Church, San Mateo County Recorder File No.:_____________ By: ____________________ Fee: ________________ Deputy Recorder ZONE 1 ASSESSMENT DIAGRAM MARINA PARCEL CITY OF BRISBANE SAN MATEO COUNTY CALIFORNIA FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF BRISBANE, CALIFORNIA, THIS ______ DAY OF _________________________ OF 2025. ____________________________________ CITY CLERK, CITY OF BRISBANE AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL OF THE CITY OF BRISBANE, CALIFORNIA, ON LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS DIAGRAM ON THE ________ DAY OF__________________ OF 2025, BY ITS RESOLUTION NO. 2025 -____. CITY CLERK, CITY OF BRISBANE ____________________________________ FOR FISCAL YEAR 25-26 Sheet 1 of 2 16 of 17
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PARCEL "B"
GUADALUPE CANAL
A BRISBANE LAGOON
R/W
BAYSHORE FREEWAY ROUTE 101
LAGOON WAY SBE8724123U49
SBE 872 41 23U 51
SBE 872 41 23U 50
B3
B1
B2
B4
B5
B7
B6
005-162-400
(PTN.)
005-162-300
005-162-430 (PTN.) 005-162-420
(PTN.)
005-162-410
(PTN.)
005-162-390 ZONE 2 ASSESSMENT DIAGRAM SIERRA POINT LANDSCAPING & LIGHTING DISTRICT CITY OF BRISBANE SAN MATEO COUNTY CALIFORNIA FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF BRISBANE, CALIFORNIA, THIS ______ DAY OF _________________________ OF 202
5. ____________________________________ CITY CLERK, CITY OF BRISBANE AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL OF THE
CITY OF BRISBANE, CALIFORNIA, ON LOTS, PIECES AND
PARCELS OF LAND SHOWN ON THIS DIAGRAM ON THE
________ DAY OF__________________ OF 202
5, BY ITS
RESOLUTION NO. 202
5 -____. CITY CLERK, CITY OF BRISBANE ____________________________________ FOR FISCAL YEAR 2 5-2
6 Sheet
2 of
2 LEGEND DISTRICT BOUNDARY PARCEL BOUNDARY ASSESSMENT NUMBER SPECIFICATIONS The construction or installation, including the maintenance or servicing, or both, of public landscaping trees, shrubs, grass or other vegetation. The construction or installation, including the maintenance or servicing, or both, of public lighting facilities, including standards, poles and electric current or energy. ASSESSORS PARCEL NUMBER AS OF MAP DATE COUNTY RECORDER’S STATEMENT Filed this ____ day of ________, 202 5 at ___ a.m./p.m. in Book ______
of Assessment Maps, at page (s) _________, at the request of Ingrid Padilla, City Clerk of the City of Brisbane. Mark Church, San Mateo County Recorder File No.:_____________ By: ____________________ Fee: ________________ Deputy Recorder 17 of 17
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File Attachments for Item:
N. Review of Residential Parking Permit Program on Thomas Avenue and Request for City Council Direction
(Staff is recommending to consider the feedback from Thomas Avenue residents and provide direction whether to continue, modify or end the Residential Parking Permit Program on Thomas Avenue.)
233
Review of Residential Parking Permit
Program on Thomas Ave. Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: July 17, 2025
From: Karen Kinser, Deputy Director of Public Works
Subject: Review of Residential Parking Permit Program on Thomas Avenue and Request for City Council Direction
Recommendation: Consider the feedback from Thomas Ave residents and provide direction whether to continue, modify or end the Residential Parking Permit Program (RPPP) on Thomas Avenue.
Background: In April and June of 2024, Council reviewed neighbor input regarding a potential trial RPPP on Tulare St. and/or Thomas Ave. Over half of residents on Thomas Ave. expressed interest in a program, with much less interest from the residents on Tulare St. Accordingly, Council directed staff to start a six-month test program on Thomas Avenue Coordination between the permit program vendor and staff allowed the program to kickoff on November 1, 2024. New “No Parking” signs with restricted hours were installed and visible from any location on the street, and letters were sent to all residents with information about the program, including how to apply for a permit and how to submit a request for enforcement.
A permit costs $25 and allow residents to park on the street during restricted hours of 10 pm Sun. – Thurs. until 6 am the next morning. Council directed that enforcement was to be carried out by Brisbane Police Department staff on a complaint basis only. Residents could call or use the city website to make a complaint, but citations would only be issued for parking without a permit during program hours. In the RPPP, there is also a provision for guest permits.
Discussion: As staff was preparing a survey to solicit feedback about the test program in April 2025, the first parking permit complaint was received. About a dozen citations were issued for cars without permits displayed. Police Department staff took the extra step to ensure that the owners of those vehicles in violation did not have a permit that they had neglected to display, and none did. During the six-month trial period, only 15 parking permits were issued. It should be noted that each residence has at least one off-street parking space assigned to the residence.
Upon receipt of a citation, some of the affected residents made complaints. One wrote a letter, and another attended a Council meeting. Both expressed that they were not aware of the program, and that they felt the permit cost was too high. No requests for enforcement were made before April 2025 and none have been made since then.
Staff prepared a short survey and mailed it to all residents of Thomas Avenue, with an option to mail back the survey, drop it off at City Hall, or scan a QR code to respond online. There were 20 responses, and 75% did not want to see the program continue, with 25% in favor of its 1 of 4
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Review of Residential Parking Permit
Program on Thomas Ave. Page 2 of 2
continuing. Public Works staff also went door to door in June 2025 to ask residents for verbal feedback and to remind them about the survey. Of the dozen people, again about 75% did not want the program to continue, and 25% were in favor of the program.
While the large majority of people contacted did not want the program to continue, staff observed that the program outreach was apparently limited, as some residents seemed unaware of how it worked and how to make requests for enforcement. Additional outreach might improve awareness of and support for the RPPP.
Staff request direction from City Council whether to continue, modify or end the RPPP.
Fiscal Impact: There is no fiscal impact to continue, modify or end the program. Upfront setup fees have already been paid to the vendor, and monthly vendor operating fees are generally covered by the permit costs.
Attachments:
1. Thomas Ave RPPP Feedback Survey Results
___________________________________
Karen Kinser, Deputy Director of Public Works
________________________________
Randy Breault, Director of Public Works/City Engineer
___________________________________
Jeremy Dennis, City Manager
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N.
Responses to Thomas Ave RPPP Survey
Response # Timestamp
Did you
purchase
a parking
permit?
Has the pilot
program
improved your
ability to find
parking?
Are you in
favor of
continuing
the parking
program? Please provide any additional feedback relating to any difficulties or issues. 1 2025/05/02 4:00:30 PM MDT Yes No Yes People park without permits. They leave their car for days without permit. 2 2025/05/02 9:43:16 PM MDT No No No
3 2025/05/13 11:38:03 AM MDT No No No
I got parking citations issued to both of my vehicles last night while they were parked directly outside my apartment on Thomas Avenue, an address to which both vehicles are registered.
These tickets were issued as part of what appears to be a new residential parking permit program. However, I find this policy to be both unjust and poorly implemented. These are public streets, maintained by taxpayer dollars, and residents should not be required to purchase a permit to park in front of their own homes. Many of us on Thomas Avenue are working-class individuals who already face significant financial pressures. Imposing unnecessary fees for parking on streets that are neither overcrowded nor in high demand only exacerbates the economic challenges in one of the least affluent areas of Brisbane.
What is especially troubling is the lack of transparency and communication around this program. I was never informed about the police would start ticketing, and judging by the number of cars ticketed, it seems many others were also unaware. If community input was ever gathered, it clearly did not include the voices of those most affected.
Meanwhile, long-abandoned vehicles sit in the nearby field, untouched and unregulated for years. If the intent of this policy is to improve parking access or manage congestion, this approach misses the mark entirely. Street parking on Thomas Avenue has never been an issue. The real problems lie elsewhere and remain unaddressed.
I urge the city to immediately review this policy and reconsider its application, especially on streets like Thomas Avenue where it serves no practical benefit and only penalizes law-abiding, tax-paying residents. We should not be required to pay to use the public streets in our own neighborhoods. I love Brisbane as a town but the city needs to do better. 4 2025/05/13 11:40:51 AM MDT No No No
5 2025/05/13 1:40:40 PM MDT No No No Public streets, maintained by taxpayer dollars, should be available to the public and not become a burden to residents. 6 2025/05/13 2:13:46 PM MDT No No No
I was never in favor of this program. The issue on our block was never about cars legally parked on the streets but rather the cars illegally dumped and rotting in the open vacant lot at the top of the hill. I was cited today for not having a permit. The program was originally pitched to us that all residents of the block would get one free permit. When it launched, suddenly no free permits? I didn't vote for this, in fact, I decidedly voted against it. Poorly launched and feels like a money grab on the only block in town that is lower priced apartments.
7 2025/05/13 2:17:32 PM MDT No No No
Please STOP imposing financial strain on our community and find another way to solve our parking issues. Perhaps you can shift your focus and find your extra money by improving the safety issues from the people who continue to blow thru our Stop Signs as if they don't exist.
8 2025/05/13 2:44:40 PM MDT No No No No such thing as a Stupid idea ¦this may be an exception. 3 of 4
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9 2025/05/14 12:00:11 AM MDT No No No
10 2025/05/14 6:24:09 AM MDT No No No
11 2025/05/14 9:33:56 AM MDT No No No
12 2025/05/19 1:01:20 PM MDT No No Yes
13 2025/05/21 4:28:13 PM MDT Yes Yes Yes I would like to have two permits for my two cars since I have two so I could leave either one outside. 14 2025/05/21 4:35:16 PM MDT Yes Yes Yes The program is very good because it allows for better parking control. 15 2025/05/21 7:42:18 PM MDT No No No
16 2025/05/21 8:48:05 PM MDT No No No
We do not have a parking problem on Thomas Avenue, If you want to continue with this permit parking, then it should be free to the residence of Brisbane. It's pretty ridiculous that we have to pay to park in front of our residence. My son stays with me a few days a week and you guys denied him to purchase a parking permit so this makes no sense. 71 Thomas Ave.. #11 17 2025/05/23 4:55:11 PM MDT Yes No No This has not help and I feel like I just wasted my money 18 2025/05/23 10:11:21 PM MDT Yes No No
You can get parking during the day but if you have a job that brings you home after dark there is none. Most people on this street don't understand why residents need to pay while others don't. Most of us are in fixed incomes or assisted living or retired and on low fixed income that such extra costs cut into utilities, rent, food, insurance expenses. 19 2025/05/28 1:29:15 PM MDT Yes Yes Yes
20 2025/06/02 9:05:39 AM MDT Yes No No
I find this policy to be both unjust and poorly implemented. These are public streets, maintained by taxpayer dollars, and residents should not be required to purchase a permit to park in front of their own homes. Many of us on Thomas Avenue are working-class individuals who already face significant financial pressures. Imposing unnecessary fees for parking on streets that are neither overcrowded nor in high demand only exacerbates the economic challenges in one of the least affluent areas of Brisbane.
Meanwhile, long-abandoned vehicles sit in the nearby field, untouched and unregulated for years. If the intent of this policy is to improve parking access or manage congestion, this approach misses the mark entirely. Street parking on Thomas Avenue has never been an issue. The real problems lie elsewhere and remain unaddressed.
I urge the city to immediately review this policy and reconsider its application, especially on streets like Thomas Avenue where it serves no practical benefit and only penalizes law-abiding, tax-paying residents. We should not be required to pay to use the public streets in our own neighborhoods.
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File Attachments for Item:
O. Receive the Complete Streets Safety Committee (CSSC) Recommended Safety, Traffic Flow, and Parking Improvements to the Visitacion Avenue Corridor and Provide Direction to Staff on their Implementation
238
CITY COUNCIL AGENDA REPORT
Meeting Date: July 17, 2025
From: Karen Kinser, Deputy Director of Public Works
Subject: Recommended Improvements to Visitacion Avenue by the Complete Streets Safety Committee and Direction from City Council Concerning Implementation of the Recommendations Recommendation
Receive the Complete Streets Safety Committee (CSSC) recommended safety, traffic flow, and parking improvements to the Visitacion Avenue corridor and provide direction to staff on their implementation. (Note that additional information will be provided prior to the Council meeting as a result of the CSSC liaison meeting with staff on Thursday July 10.) Background
City Councilmembers and staff often receive feedback from Brisbane residents and businesses relating to traffic and parking issues on Visitacion Avenue. At Mayor Cliff Lentz’s request, a discussion on vehicular traffic flow and parking was agendized for the March 6th, 2025 City Council meeting to provide a forum for members of the public to voice their concerns. After extensive discussion, it was decided to refer the question of potential improvements to Visitacion Avenue to the CSSC for further review and recommendation.
The CSSC chair and vice chair met with committee liaisons Mayor Pro Tempore Coleen Mackin, Councilmember Frank Kern, and city staff on March 12th, 2025, to finalize the CSSC 2025 Work Plan, which included a review of Visitacion Avenue traffic issues. As set forth in the discussion at the March 6th City Council meeting, the CSSC was directed to prioritize investigating safety, traffic flow, and parking improvements on Visitacion Avenue for the 2025 Work Plan and provide a recommendation by July 2025.
To begin addressing this issue, staff first conducted a public survey of residents and businesses along Visitacion Avenue and collected 130 survey responses. The most frequently expressed concerns from members of the public were double parking, speeding, failure to stop at stop signs, illegal U-turns, and the lack of parking availability. Based on the feedback received, staff prepared a document outlining potential improvements to Visitacion Avenue for the CSSC to review, discuss, and determine whether to recommend.
Additionally, a representative from Municipal Parking Services, Inc. presented the capabilities of the MPS Safety Stick to the CSSC. This automated parking enforcement device uses license plate readers to identify vehicles, as well as capturing photos to generate draft citations for police staff to review and issue citations when warranted. 1 of 6
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Discussion
At the June 2025 CSSC meeting, the committee reviewed the list of potential improvements prepared by staff and approved forwarding the following recommendations to the Council:
• Designate a loading zone on Mendocino Street approaching Visitacion Avenue WB next to Midtown Market for delivery truck use during daytime delivery hours only. • Designate a loading zone on Mariposa Street approaching Inyo Street WB next to the Brisbane Inn for delivery truck use
• Designate Transportation Network Company (such as DoorDash and Uber Eats) and resident curbside pickup spots on Visitacion Avenue approaching Mariposa Street NB and approaching Monterey Street SB
• Convert the vacant Brisbane Teen Center lot into a public parking lot • Utilize MPS Safety Sticks to provide parking enforcement • Increase fines for double parking violations
Staff now seek direction whether Council wants to implement any or all of these recommendations.
Fiscal Impact
The total cost to designate loading zones for delivery trucks and curbside pickup parking spots on Visitacion Avenue is minimal and may be funded via the City’s operational budget.
The MPS Safety Sticks vendor collects a percentage of the revenue from issued citations, and there are no other costs to the City to install and maintain the devices.
Leveling and paving the vacant Brisbane Teen Center lot to convert the space into a public parking lot would require supplemental appropriation. Should Council decide to proceed with this recommendation, staff will prepare a scope of work and a request for funds will be brought back at a future meeting.
Attachments
1. Diagram of potential Visitacion Ave. improvements
Karen Kinser, Deputy Director of Public Works
Randy Breault, Director of Public Works/City Engineer Jeremy Dennis, City Manager 2 of 6
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Proposed new loading zone – Mendocino at Visitacion – 65’, hours enforced TBD ATTACHMENT 1
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Extended existing loading zone – Mariposa at Visitacion – 80’, hours enforced TBD 4 of 6
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TNC 5/10 Minute Curbside Pickup - 2 spaces at Mariposa, 2 spaces at Monterey, hours enforced TBD 5 of 6
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Consider converting former Teen Center site on San Bruno Avenue to Parking:
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File Attachments for Item:
P. Consider Authorizing Staff to Release a Request for Proposals for City Attorney Services 245
CITY COUNCIL AGENDA REPORT
Meeting Date: July 17, 2025
From: Jeremy Dennis, City Manager
Subject: City Attorney Recruitment Request for Proposals Recommendation
It is recommended that the City Council provide staff feedback and direction on the draft City Attorney Recruitment Request for Proposals.
Background
In 2013, the City hired the San Francisco based Renne Sloan law firm to provide City Attorney services following an extensive recruitment conducted by Bobbi Peckham. In 2014, Michael Roush associated with the firm and served as City Attorney, initially with the firm and later on his own until 2019, at which time he requested to step down as City Attorney.
At that time, Tom McMorrow, who had a long-standing relationship with the City agreed to step in as the City Attorney. On behalf of the City, Mr. McMorrow serves as primary counsel on California High Speed Rail, the Baylands Development, and state and federal public policy issues; Mr. Roush provides day-to-day land all other egal work for the City Manager and City departments. Since 2019, Mr. Roush has billed the City approximately 25 hours per month for his services.
Discussion
In January 2025, Mr. McMorrow provided written notice to the City Council informing Council of his and Mr. Roush’s intention to step down from their respective roles at the end of 2025. In that memo, Mr. McMorrow laid out a process for recruiting and appointing a new City Attorney. As such, City staff have worked to provide the City Council to prepare a proposed Request for Proposals (RFP) that fulfils the core responsibilities and services of a City Attorney. Since the City Attorney is appointed by the City Council directly, staff requestsfeedback on the RFP and provide direction on the next steps of the recruitment process.
Fiscal Impact
Recruitment efforts are being provided by City staff. Aside from staff time, there is no known fiscal impact.
Attachments
1. Draft City Attorney Recruitment Request for Proposals
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___________________________________
Jeremy Dennis, City Manager
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CITY OF BRISBANE
City of Brisbane
25 Park Place
Brisbane, California 94005
Attn: Abby Partin, Human Resources Director
[email protected]
Release Date:
Proposals Due:
Request for Proposals for
City Attorney Services
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City Attorney Services
RELEASE DATE:
CLOSING DATE/TIME:
All Proposals must be received by the closing date and time.
CONTACT PERSON: Abby Partin, Human Resources Director
[email protected]
Brisbane City Hall
25 Park Place
Brisbane, California 94005
(415) 508-2100
I. PURPOSE OF REQUEST FOR PROPOSAL
The City Council of the City of Brisbane is seeking proposals from qualified law firms or individual attorneys in response to this Request for Proposal (RFP) for contract City Attorney services, as outlined in the Scope of Work in Section III of this Request for Proposals (“RFP”).
The City Attorney is intended to serve as the primary legal advisor to the City, providing comprehensive legal services across all areas of municipal operations. Appointed by the City Council, the City Attorney will work in close collaboration with the City Manager and City staff to support the effective and lawful administration of City business. This position is designed to serve at the discretion of the City Council and will be structured as an independent position, not as a City employee.
II. BACKGROUND
Nestled on the slopes of San Bruno Mountain, Brisbane (pop. 4,851) is a small city located immediately south of San Francisco on the Peninsula. It enjoys a sunny climate, fine views of the Bay, and a diverse, small-town atmosphere with easy access to all the amenities of the surrounding metropolitan areas.
Brisbane residents place a high value on the unique charm and natural beauty of the city’s mountain setting and on its close-knit community spirit. Partially surrounded by San Bruno Mountain State and County Park, Brisbane is bordered on the east by the San Francisco Bay and encompasses approximately 20.1 square miles (3 square miles of land and 17 square mile or 85% water). Due to the resulting lack of a standard lot size, Brisbane enjoys an individualistic housing style.
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Brisbane is also home to industrial areas and modern office parks that, prior to the Covid pandemic, increased its daytime service population to approximately 12,000. The City is continuously looking for ways to incorporate future growth in a positive way that will enhance and preserve its small-town character while ensuring continued economic viability.
In 2018, Brisbane voters approved a General Plan Amendment that will allow a doubling of the size of the city through a large development on the Brisbane Baylands. This area is a historical railyard and refuse site (the landfill is now closed). This development will be complicated and necessitate extensive public engagement, which will require an exceptionally collaborative and astute attorney, who has the ability to establish a relationship and trust with the City Council, staff, and residents. The City’s High Priority Issues are discussed in further detail below.
CITY GOVERNMENT
The City of Brisbane is a General-Law City operating under a Council-Manager form of government. The City Council consists of five members elected at large to staggered, four-year terms, and the mayor is appointed by the Council each year. The Council serves as the City’s legislative branch and makes final decisions on all major city matters, adopts necessary ordinances and resolutions, approves the budget, acts as a board of appeals, and appoints the City Manager, the City Attorney, and the members of the City’s commissions and committees.
The City of Brisbane is a full-service local government, and Brisbane has the following departments: Administration, including the City Manager, City Attorney, City Clerk, Finance, Human Resources; Community Development (Building and Planning); Economic Vitality; Fire; Marina; Parks & Recreation; Police; and Public Works. The City Manager is responsible for all city departments except for the City Attorney.
HIGH PRIORITY ISSUES
The City of Brisbane has similar issues of concern and opportunity as most municipalities. The City seeks a law firm/attorney that is particularly knowledgeable in the following areas:
• Development and Land Use Issues
o Baylands (compliance with and implementation of “Measure JJ” (the 2018 General Plan amendment noted above), the CEQA (Final EIR) document, Specific Plan for the project, a development agreement, agreements for water supply and wastewater treatment; application of recent state housing laws to the project, and developing residential and commercial use on a closed landfill) o Quarry Redevelopment Project (CEQA (EIR) document, development plan, development agreement, annexation, land swaps with County and State, potential formation of a Geological Hazard Abatement District, and reclamation of quarry) 5 250
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o Sierra Point EIRs and related planning entitlements for proposed new R&D projects and hotel
o Protection of San Bruno Mountain assets in the City of Brisbane • Municipal Operations Issues
o Compliance with and implementation of settlement agreement with the California High Speed Rail Authority
o Operation of a publicly owned Marina
• Taxation and Fees
o Consideration of increased business license tax for liquid storage facilities and related legal work to place measure on the ballot for voter approval in light of a previously approved settlement agreement
o Revenue enhancement to support and enhance City services.
III. SCOPE OF WORK
Services To Be Provided
The City Attorney is appointed by and reports to the City Council. The City Attorney is the chief legal counsel for the City of Brisbane and, as such, is responsible for advising on all legal matters. The following are the primary responsibilities for the legal services the City will require of a City Attorney:
• Advise the Council, City Commissions and Committees, and all City officials and employees on municipal government legal matters including the Brown Act, the Political Reform Act, election laws, and parliamentary procedures at meetings. • Provide legal advice to staff on general municipal matters, including, but not limited to, the Public Records Act, the Mitigation Fee Act, Propositions 218 and 26, and public contracting and procurement.
• Promptly prepare and/or review all ordinances, resolutions, municipal contracts, joint powers agreements, and other agreements and contracts entered into by the city. • Attend in person all City Council meetings (typically 2-3 times a month), attend in person Planning Commission as needed (typically 2-3 times a year, but subject to an increase when reviewing large development projects) and attend in person meetings assigned by the City Council or City Manager.
• Attend staff meetings in person and hold office hours at City Hall on identified days to work with City staff.
• Promptly return all calls and e-mails from the City Council and staff. 6 251
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• Perform legal work pertaining to real property matters including but not limited to property acquisitions and disposition of City property, public improvements, easements, leases, development agreements, dedications and right-of-way vacations. • Perform legal work pertaining to land use issues including but not limited to the Subdivision Map Act, California Environmental Quality Act, wetlands, inverse condemnation, takings, planning approvals, land use procedures, conditions and exactions, annexations, intergovernmental immunity, building and housing regulations, general plan provisions and zoning ordinances.
• Provide advice and support to enforce City codes, zoning regulations, and building standards through administrative and judicial actions.
• Keep familiar with and provide information as requested on new state or federal legislation or judicial decisions impacting the City and suggested action or changes in operations or procedures to assure compliance.
• Research and submit legal opinions on municipal or other legal matters as requested by the City Council or City Manager.
• Manage all litigation against the City or initiated by the City and coordinate and manage the services and costs of all outside legal counsel. Note that the City is a member of the Bay Cities Joint Powers Insurance Authority, a risk sharing pool, for purposes of tort liability. Through Bay Cities, the City also has coverage for employment related claims and litigation. Currently, the City’s self-retained limit for tort liability and employment related claims is $25,000. Historically the City has not initiated significant litigation. • Provide guidance on personnel matters, including employee disciplinary and grievance matters and labor negotiations.
• Provide legal advice regarding the preparation and implementation of Environmental Impact Reports, Mitigated Negative Declarations and Mitigation and Monitoring Programs and other environmental documentation and review the same for legal adequacy. • Represent the City, as needed, before federal, state and other entities including but not limited to the Army Corps of Engineers, the State Water Quality Control Board, U.S. Fish and Wildlife, State Department of Fish and Wildlife, OSHA, EEOC, San Mateo County, and the City and County of San Francisco
• Communicate with the press when authorized to do so by the City Council regarding City legal matters.
Excluded Services
The City has customarily retained outside counsel for legal services related to:
• The issuance of financing tools such as municipal bonds or certificates of participation. • Primary review of CEQA, development agreements and related issues for larger scale development projects.
• Labor negotiations with employee organizations; and
• Complex litigation that the City has initiated.
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IV. PROPOSAL SUBMISSION REQUIREMENTS
General Instructions
Proposals should be prepared simply and economically and provide a straightforward, concise description of the firm or individual, background, qualifications, response to legal services to be provided, and capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content. Glossy sales and marketing brochures are not necessary or desired. Proposing parties are responsible for all costs incurred in preparation and submittal of proposals.
Proposals should be organized and consistent with the outline provided below under Proposal Format.
Proposal Format
Proposal must be structured, presented, and labeled in the following manner:
1. Cover Letter
2. Executive Summary
3. Applicant/Firm Information
4. Applicant/Firm Background
5. Applicant/Firm Qualifications
6. Principal Attorneys
7. References
8. Pricing
9. Additional Information
Failure to follow the specific format, to label the responses correctly, or to address all of the subsections may, at the City’s sole discretion, result in the rejection of the Proposal.
Proposals shall not contain extraneous information. All information presented in the Proposal must be relevant in response to a requirement of this RFP, must be clearly labeled, and, if not incorporated into the body of the proposal itself, must be referenced to the appropriate place within the body of the Proposal.
Cover Letter
The Proposal must include a cover letter which addresses each of the four bulleted items. • A brief statement demonstrating the proposer’s qualifications to provide the services as described in this RFP
• A statement affirming:
o your agreement as Proposer that any and all elements of the Proposal are and shall remain valid for no less than l20 days from the later of the date City Receives the Proposal or the Closing Date.
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o your agreement that the protections afforded the City during the 120-day period shall automatically be extended, in 30-day increments, until a City Attorney is selected and accepts the position.
• A statement that the Proposer, or any individual who will perform work in accordance with the Proposal, is free of legal conflicts of interest and any ethical challenges that may create an impression that the City Attorney may be unable to discharge the duties of the office free of any actually or apparently disqualifying interests • A statement that the signer of the Proposal is authorized as a matter of law to bind the Proposer to the terms and conditions of the Proposal and the RFP.
Please limit the Cover Letter to three pages.
Executive Summary
This section of the Proposal should provide a concise synopsis of the Proposal and the Proposer’s credentials to deliver the services sought under the RFP. Provide a general overview of the Proposer’s philosophy for City Attorney services and approach to mitigating risk to cities.
Applicant/Firm Information
This section of the Proposal must include the following Information:
• Provide the legal entity name, Federal Employer Identification Number (EIN), and form of business (e.g., sole proprietorship, partnership, corporation, etc.). • Identify if the Proposer is a subsidiary of a larger firm. If so, whom and from where will services be provided?
• Provide the Proposer’s contact name, address, phone number, and email address. • Identify the principal attorney who will serve as the City Attorney and any other functions requested under Scope of Services and, if applicable, the attorney who will provide legal services in the absence or unavailability of the principal attorney • Identify the location of the office which will provide legal services.
Applicant/Firm Background
This section should identify the following:
• A description of the Proposer’s background and organizational history. • A statement of how long the Proposer has been providing legal services to municipalities.
• Location of office that will be providing services to the City. • Staff services available (clerical support, paralegals, other non-attorney staff) • Awards, honors or public recognition of Proposer concerning providing legal services.
Applicant/Firm Qualifications
In this section of the Proposal, the Proposer should identify firm/staff qualifications and experience concerning the legal services to be provided. More specifically, this section should identify the following:
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• Experience, in detail, of providing government/municipal legal services. • Experience, in detail, working with California local government agencies. • List all public clients for whom the Proposer currently provides legal services under a fee for service or retainer basis. For the prospective principal attorney, indicate the schedule of meetings at which the attorney is expected to attend.
References
The Proposer must provide three to five references. At least two of the references should be for similar services provided in the last three years. The City prefers references from local government agencies with populations of 10,000 or less if possible. For each reference, the Proposer should provide the following information and permission to contact each reference:
• Entity name
• contact information (name, title, phone, and email) for the person most knowledgeable about the legal services provided by the Proposer
• Scope of work performed identifying the services provided • Start date
Fee Schedule/Pricing
While the City is open to reviewing various cost structures, it is anticipated that the City will receive cost proposals wherein “general” services are provided under a fixed monthly retainer and any additional “special” services are billed at a pre-negotiated hourly rate. • Describe what is included in the retainer (including the proposed number of office hours on site each week.
• Provide an hourly rate for any specialized legal services. • Provide the retainer fee and rates in a tabular format. • Explain what type of work you would consider to be extra or specialized that would be billed in addition to basic service and state the hourly rates for the designated legal staff for such services. You may do so, by completing the Cost Proposal Worksheet (Attachment A) with your proposal.
The City anticipates that the vast majority of work required under the Scope of Work will fall under the monthly retainer service fee. Such services are to be provided by the City Attorney within the retainer.
V. SELECTION PROCESS
The evaluation of proposals will allow the City to identify a list of qualified individual/firms. This RFP provides the criteria that serve as the basis for review of qualified individuals/firms. Qualified individuals/firms that best meet the needs of the City will be invited to an on-site interview and presentation.
Proposals will be evaluated based on the following evaluation criteria:
• Demonstrated understanding of the City’s needs
• Quality, clarity, and responsiveness of the Proposal
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• Anticipated value and price
• Results of interviews and presentations
• References
• Ability to prepare and execute a contract in a timely manner The City reserves the right, at its sole discretion, to request clarifications of Proposals or to conduct discussions for the purpose of clarification with any or all Proposers. The purpose of any such discussions shall be to ensure full understanding of the Proposal. Discussions may be limited to specific sections of the Proposal identified by the City and, if held, shall be after the initial evaluation of Proposals is complete. If clarifications are made as a result of such discussion, the Proposer must put such clarifications in writing.
After the evaluation of Proposals and on-site interviews are complete, the City Council, in its sole discretion, will select the Individual/firm to serve as the City Attorney. The City and the individual/firm selected by the City Council will enter into contract negotiations. In the event the City determines, in its sole discretion, that an agreement cannot be reached, the City reserves the right to enter into contract negotiations with an alternate Proposer.
VI. ANTICIPATED TIMELINE INFORMATION
Date Issue Request for Proposals
Date Deadline to Submit Questions and/or Comments
Date City Issues Responses to Questions/Comments
Date Deadline for Receipt of Proposal
Date Tentative Legal Firm Interviews/Presentation
Date Selected Firm Contract Negotiations
Date Tentative Award of Contract
VII. PROPOSAL SUBMISSION INFORMATION
The City of Brisbane is committed to minimizing the use of natural resources in the course of conducting its business. In support of this commitment, Proposers are required to submit their completed Proposals electronically.
Proposers that are unable to submit their Proposals electronically must contact the RFP Coordinator prior to the filing deadline to arrange an alternative submission method acceptable to the City.
RFP Coordinator
All communications concerning this RFP should be sent via email to the Human Resources Director, Abby Partin. The RFP Coordinator shall be the sole point of contact for this RFP, including with respect to any request(s) and to make other City officials available to answer any questions a proposer may have before submitting a Proposal. The coordinator may be reached at:
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Email: [email protected] Phone: 415-508-2115
The City is not responsible for delayed or lost e-mail, regardless of the cause.
Instructions for Electronic Submission:
1. The Proposers completed Proposal must be emailed to RFP Coordinator with a copy to [Jeremy, Christina/Ingrid], at or before [5:00 PM PT, August __, 2025].
2. The Proposal must be submitted in pdf, zip, or equivalent format.
3. The total number of pages being submitted should be indicated on the cover page of the completed Proposal.
a. For example, on the cover page you can “Page 1 of 266 total pages.” b. Each page of the submission, including cover pages, blank pages, etc., counts as a page in determining the total page count.
c. The submission should identify the total number of pages submitted (e.g., cover pages, exhibits, etc. should be included in the total number).
If you have any questions about this submission process, please contact the RFP Coordinator.
The City reserves the right to reject any and all Proposals submitted, to request clarification of services submitted, to request additional information, and to waive any irregularity in the Proposal. Following Proposal evaluations, interviews and reference checks, the award of a Professional Services Agreement will be at the sole discretion of the City Council. 12 257
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File Attachments for Item:
R. Countywide Assignments and Subcommittee Reports
i. Report Out on Subcommittee Meetings
ii. Upcoming Subcommittee Meetings
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Council Subcommittee Update
From June 21st, 2025 to July 11th, 2025
1. Report Out on Subcommittees/Committees
A. Quarry Subcommittee 6/27 Lentz, O’Connell
The Subcommittee met with staff and Orchard Partners to discuss the Quarry development and their upcoming open house on Monday 6/30/25. Orchard Partners started by reviewing their previous open house. With the feedback they received, Orchard Partners have been working on redesigning their project; instead of one large, three-story building for freight, they will propose two buildings with less square footage total, two-story buildings and be for mixed use. Some concerns remained by the public, such as the flora and fauna, safety glass for birds, and whether it will be open 24-hours/7-days a week.
No action items at this time.
B. Age Friendly Subcommittee 7/1 Lentz, Kern
The Subcommittee reviewed the process to date of the Domain/Goals section of the Age Friendly Action Plan, age friendly programming and grant opportunities. Prior to the meeting, Lentz and Kern evaluated the domain/goals and estimated impacts and costs of each to prioritize initiatives for 2025/2026. During the subcommittee, they focused on high impact, low cost projects and reviewed these with staff and the public.
Some public comments included: Spend some of the grant money on a small park accessible to the elders or find out what they would like to see; trade the Bank of America site for the 23 Club and attached lot to build affordable housing, community center and a commercial kitchen; work with the Task Force that has identified areas for benches; collaborate with other CAFÉ cities; SMC transportation does not work in partnership with San Francisco transportation, thus cannot easily access SF; and BVHH is focusing on more outreach.
Timeline for progress report/deliverables:
• Progress report expected to AARP by January 2027
• AARP grant applications for next year (project(s) should be identified that may be eligible.) Next Steps #1: Once staff review the priorities and timeline/feasibility, it will be brought to Council; tentatively in the Fall.
Next Steps #2: Subcommittee will meet with the Age Friendly Task Force solicit their input and prioritize the larger, more costly and longer-term projects that have been identified. 259
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Next Steps #3: Staff will identify a project management platform to utilize, as well as solicit follow-up input from other department heads and identify the nexus to CC priorities.
C. Liaison to Complete Streets & Safety Subcommittee 7/10 Mackin, Kern The subcommittee met to receive the Complete Streets Safety Committee (CSSC) recommended safety, traffic flow, and parking improvements to the Visitacion Avenue corridor and provide direction to staff on their implementation. They reviewed the CSSC recommendation regarding potential locations where delivery trucks could park safely to unload without blocking traffic and provided feedback to staff. They also considered possible limited-time parking spots on Visitacion during peak hours.
Next Steps #1: This will be discussed at Council on 7/17. Staff will provide an addendum to the agenda packet capturing the subcommittee’s input.
The subcommittee also reviewed the feedback from Thomas Ave residents and determined whether to extend or end the Residential Parking Permit Program. Their thoughts are that the program did not solve the parking problem, but that it was a good exercise on how to implement one.
Next Steps #2: This will be discussed at Council on 7/17.
2. Upcoming Subcommittees:
Infrastructure Subcommittee 7/15 2:00pm Lentz, O’Connell Meet with BAWSCA
Public Art Advisory Committee 7/21 5:15pm Davis, O’Connell Review Firth Park opportunities and Bench program in town Sierra Point Parks & Open Space Subcommittee 7/24 2:30pm Kern, Lentz Discuss grant funding opportunities for Sierra Point Parkway Communications Subcommittee TBD Mackin, Kern
Discuss additional community outreach ideas
3. Proposed Subcommittees:
Does any councilmember wish to propose any items for a subcommittee to discuss? 260
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