Agenda packet — Brisbane City Council, November 6, 2025

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CITYof BRISBANE
Thursday, November 6, 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. 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 To address the City Council on any item – whether on the posted agenda or not – please fill out a Request to Speak Form located in the Community Meeting Room Lobby and submit it to the City Clerk. Speakers are not required to submit their name or address.

REMOTE PARTICIPATION
Members of the public may participate in the City Council meeting by logging into the Zoom Webinar listed below. City Council meetings may also be viewed live and/or on-demand via the City’s YouTube Channel, youtube.com/brisbaneca, or on Comcast Ch. 27. Archived videos may be replayed on the City’s website, brisbaneca.org/meetings. Please be advised that if there are technological difficulties, the meeting will nevertheless continue if remote participation is available.

The agenda materials may be viewed online at brisbaneca.org at least 72 hours prior to a Regular Meeting, and at least 24 hours prior to a Special Meeting.

Remote Public Comments:

Remote meeting participants may address the City Council via Zoom Webinar. Aside from commenting personally while in the Zoom Webinar, you can also use the call in number. The public comments received will be noted for the record during Oral Communications 1 and 2 or during an agenda item. We encourage you to email comments on or not on agenda items in advance of the meeting to [email protected]. That email address, however, will not be monitored during the meeting and emails received during the meeting will not be responded to or brought to the attention of the City Council during the meeting.

Join Zoom Webinar: zoom.us (please use the latest version: zoom.us/download) brisbaneca.org/cc-zoom
Webinar ID: 991 9362 8666
Call In Number: 1 (669) 900-9128
Note: Callers dial *9 to “raise hand” and dial *6 to mute/unmute.

City Council Meeting Agenda
1 November 6, 2025 - 2 - 6:30 PM

SPECIAL ASSISTANCE
If you need special assistance to participate in this meeting, please contact the City Clerk at (415) 508-2113. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

WRITINGS THAT ARE RECEIVED AFTER THE AGENDA HAS BEEN POSTED Any writings that are received after the agenda has been posted but before 4pm of the day of the meeting will be available for public inspection at the front lobby in City Hall and on the internet (brisbaneca.org/meetings). Any writings that are received after 4pm of the day of the meeting will be distributed to the Council and made available for public inspection at the front lobby and on the internet the day after the meeting (brisbaneca.org/meetings). 6:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE

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

ADOPTION OF AGENDA

AWARDS AND PRESENTATIONS
B. Native American Heritage Month Proclamation
C. Volunteer of the Year and Youth Volunteer of the Year 2025 ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
D. Approve Minutes of City Council Meeting of October 16, 2025 E. Approve Minutes of City Council Closed Session Meeting of October 16, 2025 F. Approve Minutes of City Council Closed Session Meeting of October 28, 2025 G. Accept Investment Report as of September 2025
H. Approve Resolution to Amend the Master Pay Schedule to Meet the New Minimum Wage Requirement
I. Introduce Draft Ordinance, Waiving First Reading, Adopting the 2025 California Building Standards Code with Local Amendments and Finding That This Ordinance Categorically Exempt from Environmental Review Under CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment
2 November 6, 2025 - 3 - 6:30 PM
J. Authorize the Publication of the Artful Bench Program Request for Proposals to Prospective Artists
(The Request for Proposals denotes a “Not to Exceed” budget of $125,000, which will be allocated to the artists selected.)

NEW BUSINESS
K. Receive an Update—Bond Rating Discussion
L. Consider Submitting the Quarry Road Recreational Trail Project for a Priority Conservation Area Grant

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

MAYOR/COUNCIL MATTERS
N. City Council Meeting Schedule and Interviews for Commission/Committee Recruitment O. Countywide Assignments and Subcommittee Reports
i. Report Out on Subcommittee Meetings
ii. Upcoming Subcommittee Meetings
iii. Housing Subcommittee Temporary Alternate Selection – Conflict of Interest Issue regarding review of Visitacion Gardens Management RFP
P. Written Communications
ORAL COMMUNICATIONS NO. 2

ADJOURNMENT
3 File Attachments for Item:

B. Native American Heritage Month Proclamation
4 Whereas, for thousands of years, long before Europeans settled in North America, the ancestors of Native Americans were the original, indigenous inhabitants, explorers, and settlers of the lands that have since become the United States; and
Whereas, it is impossible to fully understand the history of California without understanding the history of the indigenous people; and
Whereas, California is home to more people of Native American heritage than any other state in the country; and
Whereas, there are more than 100 federally recognized Indian tribes in California; and
Whereas, the Ohlone, a band of distinct groups of indigenous people who spoke similar languages, thrived in the land now known as Brisbane, San Mateo County, and other parts of the San Francisco Bay Area; and
Whereas, the Ramaytush are part of the larger group of the Ohlone/Costanoan peoples who lived in San Mateo County and Brisbane in ten small tribal groups and who, prior to the arrival of the Spanish in 1769, numbered approximately 1,500 persons; and Whereas, due to devastating policies and practices of European explorers and missionaries, settlers, and various levels of government, the Ohlone lost most of their population and land; and Whereas, National Native American Heritage Month provides Brisbane the opportunity to learn about the Ohlone people, their role in the history of the county and the Bay Area, and their efforts to keep their culture alive;
Now, therefore, be it resolved that the Brisbane City Council hereby proclaim November 2025 as Native American Heritage Month and to encourage all residents to share the history of the indigenous peoples of California, including the Ohlone of San Mateo County.

DATED this 6th day of November 2025.

City of Brisbane

PROCLAMATION
PROCLAIMING NOVEMBER 2025 AS

NATIVE AMERICAN HERITAGE MONTH
Cliff Lentz, Mayor
5 B.

File Attachments for Item:

C. Volunteer of the Year and Youth Volunteer of the Year 2025 6 WHEREAS, Hermann is a dedicated community member
who has demonstrated ongoing commitment to the City of
Brisbane while acting with the purpose of community in
mind and giving selflessly to others; and
WHEREAS, Hermann is known throughout the community
for his contributions in many areas and personally strives to improve the quality of life for others; and
WHEREAS, he served as a Boy Scout and in the United
States Miliary; and
WHEREAS, he dedicates his time to quietly helping others by delivering meals, offering rides, and checking in on and visiting neighbors; and
WHEREAS, Hermann serves as an integral part of the
Center for Age-Friendly Excellence Task Force; and
WHEREAS, he is an active volunteer for the California
Highway Patrol and shares his unwavering faith as a
chaplain to the incarcerated; and
WHEREAS, Hermann embodies the spirit of this award by
generously giving a lifetime of time, energy, and talents to improve the quality of life for Brisbane residents.

NOW, THEREFORE BE IT RESOLVED, that after many years
of dedicated volunteering, we take this opportunity to
express our gratitude to Hermann Reiss for his tireless spirit, selflessness, and dedication to serving others. Many congratulations to Hermann Reiss on being named the
2025 Volunteer of the Year!
DATED this 6th day of November 2025.

City of Brisbane

PROCLAMATION

RECOGNIZING HERMANN REISS FOR HIS

VOLUNTEER SERVICE TO THE CITY OF BRISBANE
Cliff Lentz, Mayor
7 C.

WHEREAS, Sebastian Bousquet is being acknowledged as the recipient of the 2025 Youth Volunteer of the Year award; and
WHEREAS, he has strengthened our community through selfless service, unwavering dedication, and commitment to helping others; and WHEREAS, as a youth he supported efforts to organize and set up Brisbane Elementary School’s annual fundraiser, Spring Thing; and WHEREAS, he was a Derby racer and the inspiration behind the Sportsmanship Award, a youth derby flag volunteer, and he now serves as an integral support to the derby team and at the City’s Annual Day in the Park; and
WHEREAS, he helped campaign for Parcel Taxes in 2013 and 2022, even establishing a social media strategy to rally support around art and music in our community; and
WHEREAS, he has committed countless hours by serving on the Youth Advisory Committee for the past five years, and is currently serving in his second term as YAC President; and
WHEREAS, Sebastian regularly volunteers outside of Brisbane as a retreat leader for his school, and at community service organizations including St. Anthony’s and No Strings Attached to combat food insecurity; and WHEREAS, Sebastian is highly regarded by his fellow Brisbane residents and neighbors; and
WHEREAS, Sebastian embodies the spirit of this award by generously giving his time, energy, and talents to improve the quality of life for Brisbane residents.

NOW, THEREFORE BE IT RESOLVED, that after many years of dedicated volunteering, we take this opportunity to express our gratitude to Sebastian Bousquet for his tireless spirit, selflessness, and dedication to serving others. Many congratulations to Sebastian Bousquet on being named the 2025 Youth Volunteer of the Year!
DATED this 6th day of November 2025.

City of Brisbane

PROCLAMATION

RECOGNIZING SEBASTIAN BOUSQUET FOR HIS

VOLUNTEER SERVICE TO THE CITY OF BRISBANE
Cliff Lentz, Mayor
8 C.

File Attachments for Item:

D. Approve Minutes of City Council Meeting of October 16, 2025 9 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING AGENDA
THURSDAY, OCTOBER 16, 2025
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
6:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Lentz called the meeting to order at 6:31 P.M. and led the Pledge of Allegiance.

ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
No requests were made under Roll Call Item A.

Councilmembers Present: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Councilmembers Absent: None
Staff Present: City Manager Dennis, Assistant City Manager Fernandez, City Clerk Padilla, City Attorney McMorrow, Community Development Director Swiecki, Parks and Recreation Director Leek, Management Analyst Brown and Admin Management Analyst Ibarra

ADOPTION OF AGENDA
Councilmember Kern made a motion, seconded by Councilmember Mackin, to adopt the agenda as amended. The motion passed unanimously by all present.

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

Absent: None
Abstain: None

AWARDS AND PRESENTATIONS
B. Receive Brisbane Library Annual Report Presentation
Cary Mossing, Library Manager, presented to the Councilmembers the Brisbane Library’s annual report. Reporting that 10 D.

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October 16, 2025

Page 2 ends

the Brisbane Library Visitors, Items Circulated, digital downloads, and program attendance all increased compared to the previous year. After some questions about the Lunch at the Library summer program, Councilmembers thanked

REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that on the Closed Session Meeting of October 16, 2025, Councilmembers provided direction to staff on the Performance Evaluation item and on the Closed Session Meeting of October 2, 2025, Councilmembers provided direction to staff on liability claim Item C and Anticipated Litigation Item D.

ORAL COMMUNICATIONS NO. 1
No member of the public wished to make public comment.

CONSENT CALENDAR
C. Approve Minutes of City Council Special Meeting of September 22, 2025 D. Approve Minutes of City Council Meeting of October 2, 2025 E. Approve Minutes of City Council Closed Session Meeting of October 2, 2025 F. Approve the Mothers of Brisbane’s MoB Shop Application for Event Co-sponsorship G. Approve the Silverspot Cooperative Nursery Preschool’s Pancake Breakfast and Movie Mixer Application for Event Co-sponsorship
Councilmember O’Connell made a motion, seconded by Councilmember Davis, to approve consent calendar C-G. The motion passed unanimously by all present.

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

Absent: None
Abstain: None

NEW BUSINESS
H. Receive a Presentation from Lincoln Property Company Regarding Consideration of a Housing Project on 150 N. Hill
City Manager Dennis reported that on September 23, 2025, the Housing Subcommittee of the City met with representatives of Lincoln Property Company to hear their thoughts on a potential housing development for 150 N. Hill which is currently the location of Bayshore Labs.

Brandon Wang of Lincoln Property Company and his team presented information for their vision for the four-acre site.

They envisioned having 79 units of housing with an average square footage of 1,600 square feet per townhome (3- bedroom units) and a clubhouse.

After Council questions with staff and Lincoln Property Company staff, Michele Salmon was concerned about the planned height of the buildings and their impact on the butterflies and Christina F. proposed having the rooms more solar-friendly, adding commercial space, having the development be more suitable for senior housing, and needing to be 11 D.

City Council Meeting Minutes
October 16, 2025

Page 3 ends

commuter friendly.

After receiving the presentation, City Manager Dennis said that staff will work with Lincoln Property Company on next steps for the proposed housing development.

STAFF REPORTS
I. City Manager’s Report- City Updates and Upcoming Activities City Manager Dennis reported on upcoming activities and events in the City for the month of October.

MAYOR/COUNCIL MATTERS
J. Consider Formation of a Parkside II Ad Hoc Subcommittee Mayor Pro Tem Mackin the purpose of this item is for Council to discuss the formation of an ad hoc Parkside II Council Subcommittee to explore a follow-up effort to the Parkside at Brisbane Village Precise Plan to have a cohesive vision for Brisbane. Various street scenes were also shared to show the potential vision for Parkside II.

After Council questions with Mayor Pro Tem Mackin and staff, Councilmembers were open to the formation of a Parkside II Ad Hoc Subcommittee. Mayor Pro Tem Mackin and Mayor Lentz volunteered to be members of the Parkside II Ad Hoc Subcommittee.

K. Countywide Assignments and Subcommittee Reports
i. Report Out on Subcommittee Meetings
No reports were given.
ii. Upcoming Subcommittee Meetings
No reports were given.

L. Written Communications
Written correspondence was received by Council from the following members of the public:

Brown (10-8-25) on the Shape of our Shorelines
Sullivan (10-14-25) Thank You Congrats to Fresno County from in God We Trust America ORAL COMMUNICATIONS NO. 2
Michele Salmon commented that the Parkside II Ad Hoc Subcommittee can set up parameters such as building height.

She added that the Village is in such poor condition with safety issues and that there are underlying issues such as the Bay to consider for Parkside II as well.

ADJOURNMENT
Mayor Lentz adjourned the meeting at 8:34 P.M.

Ingrid Padilla
City Clerk
12 D.

File Attachments for Item:

E. Approve Minutes of City Council Closed Session Meeting of October 16, 2025 13 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL CLOSED SESSION MEETING AGENDA
THURSDAY, OCTOBER 16, 2025
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,
BRISBANE, CA 94005
6:00 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. Government Code, Section 54957 (b) (1). Performance Evaluation: City Manager Mayor Lentz called the meeting to order at 6:00 P.M.

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

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

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

REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers provided direction to staff on the Performance Evaluation item.

ADJOURNMENT
The meeting was adjourned at 6:27P.M.

Ingrid Padilla, City Clerk
14 E.

File Attachments for Item:

F. Approve Minutes of City Council Closed Session Meeting of October 28, 2025 15 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL CLOSED SESSION MEETING AGENDA
TUESDAY, OCTOBER 28, 2025
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,
BRISBANE, CA 94005
3:30 PM CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Government Code, Section 54956.9 (d). Number of Cases: One Mayor Lentz called the meeting to order at 3:37 P.M.

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

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

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

REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers provided direction to staff on Anticipated Litigation Item C.

ADJOURNMENT
The meeting was adjourned at 6:30P.M.

Ingrid Padilla, City Clerk
16 F.

File Attachments for Item:

G. Accept Investment Report as of September 2025
17 FACE CARRY MARKET COUPON

INVESTMENT DATE OF VALUE OF VALUE OF VALUE OF INTEREST MATURITY RATING/ NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT RATE % DATE COLLATERAL WELLS FARGO Checking A/C $ 3,390,713 $ 3,390,713 $ 3,390,713 0.000 110% collateral STATE FUND (LAIF) Deposit on call continuous $ 3,210,851 $ 3,210,851 $ 3,210,851 4.240 on call no rating Other Investments
FHLB 10/27/2022 $ 1,000,000 $ 1,000,000 $ 1,000,370 4.750 10/27/2025 FFCB 12/1/2023 $ 1,000,000 $ 1,000,000 $ 999,210 5.060 12/01/2026 FHLB 3/25/2022 $ 1,000,000 $ 1,000,000 $ 984,000 2.600 03/25/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 996,220 3.750 05/26/2027 FHLB 11/19/2024 $ 1,000,000 $ 1,000,000 $ 1,000,870 4.650 11/19/2027 FHLB 6/30/2025 $ 1,000,000 $ 1,000,000 $ 1,000,840 4.375 06/23/2028 FHLM 11/19/2024 $ 1,000,000 $ 1,000,000 $ 1,001,330 5.000 11/19/2029 FHLB 4/29/2025 $ 1,000,000 $ 1,000,000 $ 998,080 4.800 04/29/2030 FHLM 7/24/2025 $ 1,000,000 $ 1,000,000 $ 1,000,230 4.850 07/10/2030 BNY Mellon Treasury Obligations continuous $ 12,693,797 $ 12,693,797 $ 12,693,797 4.060 on call 110% collateral Sub-total $ 21,693,797 $ 21,693,797 $ 21,674,947
U.S. Bank 2014 BGPGA Bond (330) Improvements Fed Treas Obl $ - 10031 Reserve Fund Fed Treas Obl $ 1 10032
Revenue Fund Fed Treas Obl $ - 10034
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ 1 10036
Interest Fund Fed Treas Obl $ 53,115 10037
U.S. Bank 2015 Utility Capital (545) Improvements Fed Treas Obl $ - 10031 Reserve Fed Treas Obl $ 391 10032
Expense Fund Fed Treas Obl $ - 10035
BNY Mellon 2023 BGVMIDFA Bond (328) Improvements Fed Treas Obl $ 65 10031 Reserve / Project Fed Treas Obl $ 1,425,282 10032
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ - 10036
Interest Fund Fed Treas Obl $ - 10037
PARS OPEB Trust Trust Cash Investments $ 5,076,951 13050 PARS Retirement Trust Trust Cash Investments $ 1,845,217 13050 Sub-total Cash with Fiscal Agents $ 8,401,022
Total other investments $ 30,094,820 $ 30,094,820 $ 21,674,947 TOTAL INVESTMENTS & CASH BALANCES $ 36,696,383 $ 36,696,383 $ 28,276,511 Outstanding Loans to Department Heads / Former Employees Date of loan Amount Amount Remaining Interest Rate
Stuart Schillinger 4/1/2002 318,750 $ 318,750 Variable, LAIF + 1% FFCB - Federal Farm Credit Bank
FHLB - Federal Home Loan Bank
FHLM - Federal Home Loan Mortage Corporation
FNMA -Federal National Mortgage Association
Two year Treasury 3.60%
Weighted Interest 3.71%
Weighted maturity 0.97 Years

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

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

Carolina Yuen

CITY TREASURER

CITY OF BRISBANE

CASH BALANCES & INVESTMENTS

SOURCE OF FUNDING
September 30, 2025
18 G.

FACE MARKET FACE FACE

INVESTMENT VALUE OF VALUE OF VALUE OF VALUE OF

NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT WELLS FARGO Checking A/C $ 3,390,713 $ 3,390,713 $ 4,087,463 $ (696,751) (17.0%) $ 3,243,710 $ 147,003 4.5% STATE FUND (LAIF) Deposit on call $ 3,210,851 $ 3,210,851 $ 3,210,851 $ - 0.0% $ 598,096 $ 2,612,755 436.8% Other Investments
Sub-total BNY Mellon $ 21,693,797 $21,674,947 $ 21,581,192 $ 112,606 0.5% $ 23,737,727 $ (2,043,930) (8.6%) Sub-total Cash with Fiscal Agents $ 8,401,022 $ 8,746,566 $ (345,543) (4.0%) $ 7,870,821 $ 530,201 6.7% Total other investments $ 30,094,820 $ 30,327,758 $ (232,938) $ 31,608,548 $ (1,513,729) TOTAL INVESTMENTS & CASH BALANCES $ 36,696,383 $28,276,511 $ 37,626,072 $ (929,688) (2.5%) $ 35,450,354 $ 1,246,029 3.5% -
Change in Face Value Change in Face Value

CITY OF BRISBANE

CASH BALANCES & INVESTMENTS
Comparative Review
September 30, 2025
Previous Month Previous Year

2.50%

3.00%

3.50%

4.00%

4.50%

5.00%
Interest Rates
2-year Treasury
LAIF
BNY Mellon Money
Market
City's Portfolio
Weighted Interest
September 2025 Review
The City's overall investments and cash balances had a slight net decrease of $930K from the previous month, primarily due vendor payments from the WFB account exceeding collections for the month.

As reflected on Page 1, the BNY Mellon agency bonds subtotal ended at $9M. The continued declining interest rates resulted in redemptions of four $4M bonds earning 5% in addition to one $1M bond maturing as scheduled in September. No bonds were replaced during September and proceeds from redemptions and maturity were left in the money market account, earning slightly less, averaging 4%.

Redemptions and maturity of higher-earning bonds deposited into the money market account, combined in a decrease in non-interest earning WFB account resulted in an increase in the City's portfolio weighted interest to 3.71%, slightly above the 2-year Treasury rate benchmark of

3.60%.

The City's Cash with Fiscal Agents September 2025 $8.4M balance is primarily comprised of $6.9M of the PARS trust accounts and $1.4M of the 2023 Bond proceeds held in trust, as reflected on Page 1. The decrease of $540K towards the 2015 Bond series debt service reduced the September balance overall.
19 G.

File Attachments for Item:

H. Approve Resolution to Amend the Master Pay Schedule to Meet the New Minimum Wage Requirement
20 CITY COUNCIL AGENDA REPORT
Meeting Date: November 6, 2024
From: Abby Partin, Human Resources Director
Subject: Resolution to Amend the Master Pay Schedule to Meet the New Minimum Wage Requirement.

Recommendation
Staff recommend adoption of the resolution to amend the Master Pay Schedule to meet the new minimum wage requirement.

Background and Discussion
On April 4, 2016, the California Legislature approved legislation amending the minimum wage phase-in requirements. This requires the minimum wage to be $16.90 per hour effective January 1, 2026. This change affects three classifications within the City: Habitat Restoration Lead Worker, Intern and Special Assistant. These classifications currently have starting hourly rates ($16.50) below $16.90. Details regarding these classifications are as follows:
• The Habitat Restoration Lead Worker is a former grant funded classification historically to help restore habitat in the Brisbane Acres.
• The Intern is a classification that allows college students internship opportunities with the City during the summer to provide a general idea of how the City and its departments function and to provide students with public sector experience. • The Special Assistant is a classification generally used for temporary, limited duration assignments and/or special projects.

Staff recommend that the current starting salary for all three classifications move from $16.50 to $16.90 per hour. As the Habitat Restoration Lead Worker is a single step pay scale and the Intern and Special Assistant are a salary range instead of steps, there is no further adjustment other than amending the starting hourly pay rate.

Fiscal Impact
As there are no employees at the minimum rate of these classifications and funding for summer interns will be budgeted in the next fiscal year, there is no current fiscal impact with this adjustment.
1 21
H.

Attachments
Resolution 2025-__
_________________________ ________________________
Abby Partin, Human Resources Director Jeremy Dennis, City Manager 2 22
H.

RESOLUTION NO 2025- ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

AMENDING THE MASTER PAY SCHEDULE FOR ALL EMPLOYEES
WHEREAS, the City of Brisbane contracts with the California Public Employees’ Retirement System (CalPERS) to provide retirement benefits for its employees; and WHEREAS, pursuant to California Code of Regulations, Title 2, Section 570.5, CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
WHEREAS, the pay schedule must identify the position title for every employee position, the pay rate for each position title, and applicable time base for the pay rate; and
WHEREAS, the City Council of the City of Brisbane desires to approve and adopt a publicly available Master Pay Schedule, showing all established employee positions and pay rates, in accordance with the requirement of California Code of Regulations, Title 2 Section 570.5; and
WHEREAS, to comply with State law, the City of Brisbane is required to adjust the hourly pay rate of three classifications, Habitat Restoration Lead Worker, Intern and Special Assistant, to $16.90
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The Master Pay Schedule is amended and approved as set forth in Exhibit “A” and is incorporated by reference as though fully set forth herein.

Section 1. Resolution Number 2000-04 i
_____________________
Cliff Lentz, Mayor
I hereby certify that the foregoing Resolution No. 2025-__ was duly and regularly adopted at a regular meeting of the Brisbane City Council on November 6, 2025, by the following vote:

Ayes:

Noes:

Absent: None
Abstain: Non
_____________________
Ingrid Padilla, City Clerk
3 23
H.

Appendix A
Job Classification Hourly Grade
A
Hourly Grade
B
Hourly Grade
C
Hourly Grade
D
Hourly Grade
E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Accounting Assistant I $ 30.52 $ 32.05 $ 33.66 $ 35.34 $ 37.11 7/14/2025 General Employees Non-Exempt Accounting Assistant II $ 33.60 $ 35.28 $ 37.05 $ 38.90 $ 40.84 7/14/2025 General Employees Non-Exempt Accounting Systems Analyst $ 46.14 $ 48.57 $ 51.00 $ 53.55 $ 56.22 7/14/2025 General Employees Non-Exempt Administrative Assistant $ 40.37 $ 42.39 $ 44.50 $ 46.73 $ 49.08 7/14/2025 General Employees Non-Exempt Administrative Management Analyst $ 51.39 $ 53.95 $ 56.66 $ 59.47 $ 62.46 7/14/2025 Confidential Employee Exempt Administrative Services Director $ 103.76 $ 108.93 $ 114.39 $ 120.10 $ 126.12 7/14/2025 Confidential Management Exempt Assistant Engineer I $ 47.01 $ 49.37 $ 51.83 $ 54.43 $ 57.14 7/14/2025 General Employees Non-Exempt Assistant Engineer II $ 51.72 $ 54.28 $ 57.01 $ 59.86 $ 62.85 7/14/2025 General Employees Non-Exempt Assistant City Manager $ 119.32 $ 125.27 $ 131.55 $ 138.11 $ 145.04 7/14/2025 Confidential Management Exempt Assistant to the City Manager $ 79.51 $ 83.47 $ 87.66 $ 92.03 $ 96.65 7/14/2025 Executive Management Exempt Assistant Fire Marshal $ 89.24 $ 93.71 $ 98.39 $ 103.31 $ 108.48 7/14/2025 Brisbane Fire Management Exempt Associate Civil Engineer $ 61.58 $ 64.64 $ 67.88 $ 71.28 $ 74.84 7/14/2025 Mid-Management/Professional Exempt Associate Planner $ 54.40 $ 57.13 $ 59.99 $ 62.99 $ 66.14 7/14/2025 General Employees Non-Exempt Building Permit Technician $ 41.20 $ 43.25 $ 45.42 $ 47.69 $ 50.06 7/14/2025 General Employees Non-Exempt Cashier $ 17.72 $ 18.61 $ 19.54 $ 20.52 $ 21.54 7/14/2025 Unrepresented Non-Exempt C/CAG Stormwater Program Director $ 81.34 $ 85.41 $ 89.68 $ 94.17 $ 98.88 7/14/2025 Mid-Management/Professional Exempt City Clerk $ 64.33 $ 67.56 $ 70.93 $ 74.49 $ 78.20 7/14/2025 Executive Management Exempt City Manager $ - $ - $ - $ - $ - $ 158.25 7/14/2025 Unrepresented Exempt Code Enforcement Officer $ 43.87 $ 46.07 $ 48.36 $ 50.78 $ 53.33 7/14/2025 General Employees Non-Exempt Communications Digital and Media Coordinator $ 41.20 $ 43.25 $ 45.42 $ 47.69 $ 50.06 7/14/2025 General Employees Non-Exempt Communications Manager $ 60.10 $ 63.26 $ 66.59 $ 70.09 $ 73.78 7/14/2025 Mid-Management/Professional Exempt Community Development Director $ 100.33 $ 105.35 $ 110.63 $ 116.16 $ 121.97 7/14/2025 Executive Management Exempt Community Development Technician $ 41.20 $ 43.25 $ 45.42 $ 47.69 $ 50.06 7/14/2025 General Employees Non-Exempt Community Services Officer $ 35.91 $ 38.23 $ 40.15 $ 42.15 $ 44.26 7/14/2025 General Employees Non-Exempt Council Member $ - $ - $ - $ - $ - $ 400.00 7/14/2025 Elected Position Crossing Guard $ 17.72 $ 18.61 $ 19.54 $ 20.52 $ 21.54 7/14/2025 Unrepresented Non-Exempt Deputy City Clerk/Executive Assistant $ 48.37 $ 50.79 $ 53.33 $ 56.01 $ 58.79 7/14/2025 Confidential Exempt Deputy Director of Public Works $ 90.88 $ 95.42 $ 100.20 $ 105.21 $ 110.46 7/14/2025 Mid-Management/Professional Exempt Deputy Finance Director $ 81.34 $ 85.41 $ 89.68 $ 94.17 $ 98.88 7/14/2025 Mid-Management/Professional Exempt Director of Marina/Aquatics Services $ 66.60 $ 69.93 $ 73.43 $ 77.10 $ 80.95 7/14/2025 Executive Management Exempt Engineering Technician $ 45.31 $ 47.59 $ 49.96 $ 52.44 $ 55.08 7/14/2025 General Employees Non-Exempt Executive Administrative Assistant $ 41.85 $ 43.93 $ 46.13 $ 48.44 $ 50.86 7/14/2025 General Employees Non-Exempt Facility Attendant $ 20.77 $ 21.80 $ 22.89 $ 24.04 $ 25.24 7/14/2025 Unrepresented Non-Exempt Finance Director $ 99.30 $ 104.26 $ 109.48 $ 114.97 $ 120.69 7/14/2025 Confidential Management Exempt Financial Services Manager $ 70.26 $ 73.77 $ 77.46 $ 81.34 $ 85.41 7/14/2025 Mid-Management/Professional Exempt Fire Captain $ 49.07 $ 51.51 $ 54.10 $ 56.79 $ 59.63 7/14/2025 IAFF Local 2400 Non-Exempt Fire Prevention Officer $ 57.48 $ 63.52 $ 66.69 $ 70.01 $ 73.51 7/14/2025 IAFF Local 2400 Non-Exempt Fire Trainee $ - $ - $ - $ - $ - $ 28.59 7/14/2025 IAFF Local 2400 Non-Exempt Firefighter $ 41.06 $ 43.11 $ 45.26 $ 47.51 $ 49.89 7/14/2025 IAFF Local 2400 Non-Exempt Firefighter II $ 45.16 $ 47.42 $ 49.79 $ 52.26 $ 54.88 7/14/2025 IAFF Local 2400 Non-Exempt Firefighter/Paramedic $ 41.06 $ 43.11 $ 45.26 $ 47.51 $ 49.89 7/14/2025 IAFF Local 2400 Non-Exempt Firefighter/Paramedic II $ 45.16 $ 47.42 $ 49.79 $ 52.26 $ 54.88 7/14/2025 IAFF Local 2400 Non-Exempt Geographic Information System Manager $ 60.10 $ 63.26 $ 66.59 $ 70.09 $ 73.78 7/14/2025 Mid-Management/Professional Exempt Habitat Restoration Lead Worker $ - $ - $ - $ - $ - $ 16.90 1/1/2026 Unrepresented Non-Exempt Harbormaster $ 56.66 $ 59.48 $ 62.46 $ 65.58 $ 68.86 7/14/2025 Mid-Management/Professional Exempt City of Brisbane Master Pay Schedule
Approved per Resolution No. 2025-XX
Exhibit A
4 24
H.

Job Classification Hourly Grade
A
Hourly Grade
B
Hourly Grade
C
Hourly Grade
D
Hourly Grade
E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Head Lifeguard $ 24.90 $ 26.15 $ 27.45 $ 28.84 $ 30.27 7/14/2025 Unrepresented Non-Exempt History Project Asst $ 42.14 $ 44.25 $ 46.46 $ 48.78 $ 51.23 7/14/2025 Unrepresented Non-Exempt Human Resources Administrator $ 83.00 $ 87.15 $ 91.51 $ 96.09 $ 100.89 7/14/2025 Confidential Exempt Human Resources Director $ 97.45 $ 102.32 $ 107.44 $ 112.81 $ 118.45 7/14/2025 Confidential Management Exempt Human Resources Technician $ 41.20 $ 43.25 $ 45.42 $ 47.69 $ 50.06 7/14/2025 General Employees Non-Exempt Information Technology & Systems Administrator $ 61.94 $ 65.04 $ 68.29 $ 71.70 $ 75.30 7/14/2025 Mid-Management/Professional Exempt Intern $ - $ - $ - $ - $ - $16.90 - $23.00 1/1/2026 Unrepresented Non-Exempt Lifeguard $ 18.90 $ 19.84 $ 20.83 $ 21.88 $ 22.95 7/14/2025 Unrepresented Non-Exempt Management Analyst (Part-time) $ 46.60 $ 48.94 $ 51.38 $ 53.94 $ 56.64 7/14/2025 Unrepresented Non-Exempt Marina Maintenance Worker I $ 35.33 $ 37.08 $ 38.94 $ 40.89 $ 42.94 7/14/2025 General Employees Non-Exempt Marina Maintenance Worker II $ 38.85 $ 40.79 $ 42.84 $ 44.96 $ 47.22 7/14/2025 General Employees Non-Exempt Marina Maintenance Worker I ( Part-time) $ 36.02 $ 37.82 $ 39.71 $ 41.71 $ 43.79 7/14/2025 Unrepresented Non-Exempt Marina Maintenance Worker II ( Part-time) $ 39.61 $ 41.63 $ 43.66 $ 45.83 $ 48.16 7/14/2025 Unrepresented Non-Exempt Marina Services Director $ 62.25 $ 65.36 $ 68.63 $ 72.06 $ 75.67 7/14/2025 Executive Management Exempt Office Assistant $ 32.38 $ 33.94 $ 35.64 $ 37.42 $ 39.31 7/14/2025 General Employees Non-Exempt Office Assistant (Part-Time) $ 32.97 $ 34.60 $ 36.33 $ 38.17 $ 40.08 7/14/2025 Unrepresented Non-Exempt Office Specialist $ 37.95 $ 39.84 $ 41.85 $ 43.93 $ 46.13 7/14/2025 General Employees Non-Exempt Office Specialist (Part-Time) $ 38.72 $ 40.64 $ 42.67 $ 44.81 $ 47.05 7/14/2025 Unrepresented Non-Exempt Park/Beach/Recreation Commissioner $ - $ - $ - $ - $ - $ 100.00 7/14/2025 Appointed Position Parks & Recreation Director $ 95.67 $ 100.47 $ 105.48 $ 110.75 $ 116.29 7/14/2025 Executive Management Exempt Parks/Facilities Maintenance Worker I $ 35.33 $ 37.08 $ 38.94 $ 40.89 $ 42.94 7/14/2025 General Employees Non-Exempt Parks/Facilities Maintenance Worker I (PartTime) $ 36.02 $ 37.82 $ 39.71 $ 41.71 $ 43.79 7/14/2025 Unrepresented Non-Exempt Parks/Facilities Maintenance Worker II $ 38.85 $ 40.79 $ 42.84 $ 44.96 $ 47.22 7/14/2025 General Employees Non-Exempt Payroll/Utility Billing Technician $ 41.20 $ 43.25 $ 45.42 $ 47.69 $ 50.06 7/14/2025 General Employees Non-Exempt Planning Commissioner $ - $ - $ - $ - $ - $ 100.00 7/14/2025 Appointed Position Police Chief $ 117.09 $ 122.94 $ 129.08 $ 135.55 $ 142.31 7/14/2025 Police Chief Exempt Police Commander $ 105.56 $ 110.84 $ 116.39 $ 122.21 $ 128.31 7/14/2025 Police Commander Exempt Police Officer $ 53.65 $ 56.33 $ 59.15 $ 62.10 $ 65.21 7/14/2025 Brisbane Police Officers Association* Non-Exempt Police Officer - 40 hour shift (Detective/SRO) $ 56.33 $ 59.15 $ 62.10 $ 65.21 $ 68.47 7/14/2025 Brisbane Police Officers Association* Non-Exempt Police Corporal $ 59.01 $ 61.96 $ 65.06 $ 68.32 $ 71.73 7/14/2025 Brisbane Police Officers Association* Non-Exempt Police Sergeant $ 64.64 $ 67.87 $ 71.26 $ 74.82 $ 78.57 7/14/2025 Brisbane Police Officers Association* Non-Exempt Police Trainee $ - $ - $ - $ - $ - $ 39.70 7/14/2025 Unrepresented Non-Exempt Pre-School Teacher $ 20.89 $ 21.95 $ 23.04 $ 24.21 $ 25.42 7/14/2025 Unrepresented Non-Exempt Principal Analyst $ 71.88 $ 75.49 $ 79.25 $ 83.20 $ 87.37 7/14/2025 Confidential Exempt Principal Planner $ 76.56 $ 80.39 $ 84.41 $ 88.63 $ 93.06 7/14/2025 Mid-Management/Professional Exempt Program Manager - SMCWPPP $ 75.72 $ 79.52 $ 83.50 $ 87.67 $ 92.06 7/14/2025 Mid-Management/Professional Exempt Public Service Aide $ 18.59 $ 19.53 $ 20.49 $ 21.51 $ 22.60 7/14/2025 Unrepresented Non-Exempt Public Works Director/City Engineer $ 117.47 $ 123.34 $ 129.50 $ 135.99 $ 142.79 7/14/2025 Executive Management Exempt Public Works Inspector $ 57.97 $ 60.88 $ 63.91 $ 67.10 $ 70.46 7/14/2025 General Employees Non-Exempt Public Works Lead Maintenance Worker $ 46.63 $ 48.96 $ 51.39 $ 53.97 $ 56.66 7/14/2025 General Employees Non-Exempt Public Works Maintenance Worker I $ 35.33 $ 37.08 $ 38.94 $ 40.89 $ 42.94 7/14/2025 General Employees Non-Exempt Public Works Maintenance Worker I (Part-time) $ 36.02 $ 37.82 $ 39.71 $ 41.71 $ 43.79 7/14/2025 Unrepresented Non-Exempt Public Works Maintenance Worker II $ 38.85 $ 40.79 $ 42.84 $ 44.96 $ 47.22 7/14/2025 General Employees Non-Exempt Public Works Superintendent $ 75.36 $ 79.13 $ 83.09 $ 87.25 $ 91.60 7/14/2025 Mid-Management/Professional Exempt Public Works Supervisor $ 57.60 $ 60.48 $ 63.50 $ 66.68 $ 70.02 7/14/2025 Mid-Management/Professional Exempt 5 25
H.

Job Classification Hourly Grade
A
Hourly Grade
B
Hourly Grade
C
Hourly Grade
D
Hourly Grade
E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Public Works Team Leader $ 52.25 $ 55.00 $ 57.90 $ 60.95 $ 64.16 7/14/2025 Mid-Management/Professional Exempt Receptionist $ 32.33 $ 33.94 $ 35.64 $ 37.42 $ 39.31 7/14/2025 General Employees Non-Exempt Receptionist (Part-time) $ 32.97 $ 34.60 $ 36.33 $ 38.17 $ 40.08 7/14/2025 Unrepresented Non-Exempt Recreation Leader $ 20.86 $ 21.90 $ 23.00 $ 24.14 $ 25.35 7/14/2025 Unrepresented Non-Exempt Recreation Leader Aide $ 17.72 $ 18.61 $ 19.54 $ 20.52 $ 21.54 7/14/2025 Unrepresented Non-Exempt Recreation Manager $ 70.88 $ 74.42 $ 78.14 $ 82.06 $ 86.15 7/14/2025 Mid-Management/Professional Exempt Recreation Program Coordinator $ 35.86 $ 38.27 $ 40.18 $ 42.18 $ 44.29 7/14/2025 General Employees Non-Exempt Recreation Supervisor $ 52.36 $ 55.00 $ 57.73 $ 60.62 $ 63.66 7/14/2025 Mid-Management/Professional Exempt Regional Compliance Program Manager $ 60.10 $ 63.26 $ 66.59 $ 70.09 $ 73.78 7/14/2025 Mid-Management/Professional Exempt Reserve Police Officer $ 38.32 $ 40.24 $ 42.25 $ 44.36 $ 46.58 7/14/2025 Unrepresented Non-Exempt Senior Accounting Assistant $ 38.06 $ 39.97 $ 41.97 $ 44.07 $ 46.26 7/14/2025 General Employees Non-Exempt Senior Civil Engineer $ 75.72 $ 79.52 $ 83.50 $ 87.67 $ 92.06 7/14/2025 Mid-Management/Professional Exempt Senior Human Resources Analyst $ 57.41 $ 60.28 $ 63.30 $ 66.46 $ 69.77 7/14/2025 Confidential Exempt Senior Management Analyst $ 56.28 $ 59.09 $ 62.05 $ 65.14 $ 68.39 7/14/2025 Mid-Management/Professional Exempt Senior Planner $ 64.75 $ 67.98 $ 71.38 $ 74.97 $ 78.70 7/14/2025 Mid-Management/Professional Exempt Senior Recreation Leader $ 26.76 $ 28.10 $ 29.50 $ 30.98 $ 32.54 7/14/2025 Unrepresented Non-Exempt Sustainability Manager $ 60.10 $ 63.26 $ 66.59 $ 70.09 $ 73.78 7/14/2025 Mid-Management/Professional Exempt Special Assistant $ - $ - $ - $ - $ - $16.90-$145.00 1/1/2026 Unrepresented Non-Exempt Spe Coun-Maj Dev Pro $ - $ - $ - $ - $ - $ 175.04 7/14/2025 Confidential Management Exempt Swim Instructor $ 20.61 $ 21.64 $ 22.73 $ 23.87 $ 25.06 7/14/2025 Unrepresented Non-Exempt Van Driver $ 19.38 $ 20.37 $ 21.39 $ 22.47 $ 23.59 7/14/2025 Unrepresented Non-Exempt Water Quality Technician $ 38.85 $ 40.79 $ 42.84 $ 44.96 $ 47.22 7/14/2025 General Employees Non-Exempt 6 26
H.

File Attachments for Item:

I. Introduce Draft Ordinance, Waiving First Reading, Adopting the 2025 California Building Standards Code with Local Amendments and Finding That This Ordinance Categorically Exempt from Environmental Review Under CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment
27 2025 California Building Standards Codes Ordinance

CITY COUNCIL AGENDA REPORT
Meeting Date: November 6, 2025
From: John Swiecki, Community Development Director
Subject: Introduce draft ordinance adopting the 2025 California Building Standards Code with local amendments and finding that this Ordinance categorically exempt from environmental review under CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment.

Recommendation
Staff recommend introduction of the ordinance adopting the most recent version of the California Building Standards Codes (Code of Regulations, Title 24 or CBC) and the International Property Maintenance Code (IPMC), including local amendments to the CBC, readopting previous reach codes, and amending the Brisbane Municipal Code (BMC).

Background
Every three years a new set of construction codes is published by the State. Local adoption of these codes allows the City to enforce them under the authority of the BMC. A city may also adopt local modifications to these codes based on certain findings. Whether or not a city elects to adopt the State codes by local ordinance, the State codes automatically become effective January 1, 2026.

The last Code adoption cycle was in 2022 when the City amended Chapter 15.04 of the BMC, to adopt the 2022 Edition of the California Building Standards Code. At the same time, the City also amended other chapters within Title 15 of the BMC to adopt local “reach codes” pertaining to fire protection, building electrification, and electric vehicle (EV) charging infrastructure.

This draft ordinance was prepared collaboratively between the Planning, Building, Public Works and Fire Departments and in consultation with the City Attorney.

Discussion
Building Code and Property Maintenance Code Adoption: The proposed ordinance would adopt the following construction codes by updating BMC Chapter 15.04, Adoption of Construction Codes:

1. 2025 California Administrative Code, Title 24, Part 1. 28 I.
2025 California Building Standards Codes Ordinance

2. 2025 California Building Code, Volumes 1 and 2, based on the 2024 International Building Code (ICC), Title 24, Part 2, including Appendix G Flood Resistant Construction, Appendix I Patio Covers, and Appendix J Grading.

3. 2025 California Residential Code, based on the 2024 Edition International Residential Code (ICC), Title 24, Part 2.5, including Appendix BF Patio Covers, Appendix BO Existing Building and Structures, Appendix BG Sound Transmission, and Appendix CI Swimming Pool Safety Act.

4. 2025 California Electrical Code, based on the 2023 Edition National Electric Code with California Amendments as published by the National Fire Protection Association (NFPA), Title 24, Part 3.

5. 2025 California Mechanical Code, based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), including all appendix chapters, Title 24, Part 4.

6. 2025 California Plumbing Code, based upon the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), including all appendix chapters, Title 24, Part 5.

7. 2025 California Energy Code, Title 24, Part 6.

8. 2025 California Wildland-Urban Interface Code, Title 24, Part 7

9. 2025 California Historical Building Code, Title 24, Part 8.

9. 2025 California Fire Code, Title 24, Part 9, and modifications thereof, see Chapter

15.44 of this title.

10. 2025 California Existing Building Code based on the 2024 International Existing Building Code Edition, published by the International Code Council, together with those omissions, amendments, exceptions and additions thereto as amended in Part 10 of the California Building Standards Code, California Code of Regulations Title 24.

11. 2025 California Green Building Standards Code, Title 24, Part 11.

12. 2025 California Referenced Standards Code, Title 24, Part 12.

Additionally, in order to keep current with property maintenance provisions, it is recommended that the 2024 International Property Maintenance Code be adopted to replace the 2021 edition.

As indicated above, adoption of the above referenced codes would allow the City to enforce these codes under the authority of the BMC.

Energy and Reduction of Greenhouse Gas Emissions Reach Codes: To supplement the updated State codes noted above, it is proposed that the City maintain previously adopted local modifications, known as “reach codes”, to address local fire hazards as well as energy efficiency and greenhouse gas (GHG) emissions. The table below identifies the City’s existing reach codes related to energy and GHG reductions and summarizes staff’s proposed action. 29 I.
2025 California Building Standards Codes Ordinance
Recent state legislation (AB 130) limits cities’ abilities to enact new reach codes applicable to residential structures, but readoption of existing reach codes or modifications that are substantially equivalent to codes in effect prior to September 30, 2025 are permitted.

Reach Code Recommended Action
2024 New Buildings Energy
Performance (BMC Ch 15.83)
Retain/readopt with minor updates to compliance
margins (building efficiency scores) at a future date
(updates expected in Q1 2026)
2019 EV Charging Infrastructure
(BMC Ch 15.84)
Retain/readopt with no modifications
BMC Chapter 15.83 - New Buildings Energy Performance: This reach code is still considered a reasonable prescriptive reach code, however, new, updated compliance margins will not be released until 2026, therefore no action is required at this time and an update is not a part of the draft ordinance.

The City adopted BMC Chapter 15.83 in the summer of 2024 as part of a mid-cycle update to the 2022 CBC. It increased the required score of specific energy metrics that are calculated for every new building under the California Energy Code, resulting in a decrease in energy use and emissions from newly constructed buildings. The enhanced performance requirements would apply equally to mixed-fuel (i.e. natural gas and electric) and all-electric buildings and are costeffectively achievable through the energy code’s performance pathway without requiring appliances that exceed federal efficiency standards.

This reach code amends the Energy Code (Part 6 of the CBC), requiring the City to file an application to the California Energy Commission to demonstrate that any local amendments are cost effective and would save more energy than those required by the State. This is done by submitting a detailed cost effectiveness study to the State. The City’s application in 2024 was approved by the Energy Commission and it is expected the State will again approve the City’s local amendments to the 2025 California Energy Code.

BMC Chapter 15.84 - EV Charging Infrastructure: This reach code is still considered a reasonable prescriptive reach code (see Section 1 of the draft ordinance).

The City readopted BMC Chapter 15.84 during the last cycle in 2022 and made a minor update to it in 2024. It requires specific EV chargers and EV parking spaces in new development projects. This reach code remains stronger than the new 2025 CBC and consistent with EV reach codes proposed by the Bay Area Reach Codes Coalition. This reach code is recommended to be retained and readopted without revision.

Fire Code, BMC Chapter 15.44: Since 2007, the City has adopted local modifications to the Fire Code that address items such as automatic fire sprinklers on certain structures, fire access turnarounds on dead end roads, removal of combustible materials from property, limitations on storage of explosives and flammable liquids, and other provisions. Local modifications to the 30 I.
2025 California Building Standards Codes Ordinance
Fire Code are again proposed in BMC Chapter 15.44 of the attached draft ordinance. In this cycle, there are no substantive changes to the previously approved modifications. Fire Code amendments are included as Section 5 of the draft ordinance.

Express Findings Required for Local Amendments: Section 17958 of the California Health and Safety Code provides that a local jurisdiction may make changes to the provisions within the State’s uniform codes that are published in the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions in the uniform codes and published in the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, topographical, or environmental conditions.

In the past, the City has made such findings for local modifications to the Fire and Building Codes based on Brisbane’s heavily vegetated hillsides; narrow, steep public streets and private access-ways; proximity to the San Andreas Fault; exposure to strong winds; and location immediately adjacent to protected habitat conservation areas subject to wildland fires. While the findings for our reach codes have been made in past years, they must be repeated again as part of this Ordinance;. These findings are presented in Section 1 of the draft ordinance.

CEQA Determination: Adoption of the Ordinance is not subject environmental review under the California Environmental Quality Act (CEQA) in that it is categorically exempt under the CEQA Guidelines, Section 15308, Actions by Regulatory Agencies to Protect the Environment.

Fiscal Impact
None
Attachments

1. Draft Ordinance adopting the 2025 California Building Standards Code with local amendments
___________________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager 31 I.
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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF BRISBANE
TO AMEND BRISBANE MUNICIPAL CODE TITLE 15 - BUILDINGS AND CONSTRUCTION, CHAPTER 15.04 - ADOPTION OF CONSTRUCTION CODES AND
CHAPTER 15.44 - FIRE PREVENTION CODE, ADOPTING THE 2025 CALIFORNIA BUILDING STANDARDS CODES AND THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE, WITH CERTAIN LOCAL MODIFICATIONS.

The City Council of the City of Brisbane hereby ordains as follows:

SECTION 1: The City Council finds and determines that:

A. The 2025 Edition of the California Building Code (CBC) becomes effective state-wide on January 1, 2026 and City’s adoption of the CBC is necessary in that it allows for enforcement of the CBC under existing and subsequently adopted enforcement provisions of the Brisbane Municipal Code.

B. The City adopted a Climate Action Plan on September 17, 2015, which includes the goal of reducing carbon emissions from fossil fuels to help curb global warming. Methods include increasing substituting renewable energy for fossil fuel energy sources. The following are primary means to reduce fossil fuel emissions:

1. Building electrification versus use of fossil fuels.

2. Power generation via solar energy.

3. Reduction in the fossil fuel emissions from transportation C. California Health and Safety Code Sections 17922, 17958, 17958.5, 17958.7, and 18941.5 authorize the City to make local amendments to the provisions in the California Building Standards Code upon express findings that the local amendments are reasonably necessary due to local climatic, geological, topographical, and/or environmental conditions.

D. California Health and Safety Code Section 17958(b), amended June 30, 2025, prohibits a city or county from making changes or modifications applicable to residential units in the provisions pursuant to Section 17922 and published in the California Building Standards Code or the other regulations thereafter adopted pursuant to Section 17922 or make changes or modifications in those requirements upon express findings pursuant to Sections 17958.5 and 17958.7, unless one of six specific criteria is met. The following is noted:

1. This ordinance contains reach codes and local amendments to the CBC that are applicable to residential units.

2. The City has previously adopted local amendments and reach codes applicable to residential units that were in effect prior to September 30, 2025.

3. There are no significant or substantive changes to the City of Brisbane’s previously adopted local amendments and reach codes applicable to residential units contained within this ordinance.

4. Pursuant to California Health and Safety Code Section 17958(b)(1), the changes or modifications contained within this ordinance are substantially equivalent to local amendments that were previously adopted and filed by the City of Brisbane City Council, were in effect prior to September 30, 2025, and therefore may be readopted. 32 I.
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E. By reason of the following climatic, geological, topographical, and environmental conditions, summarized in Exhibit A attached and incorporated to this ordinance, it is necessary to adopt certain local amendments to the CBC in order to provide a high level of fire, health, and life safety for all persons who live and work within the City of Brisbane and to adequately protect both public and private property within the City:

1. The City of Brisbane is located along the eastern slope of San Bruno Mountain, immediately adjacent to a protected habitat conservation area which is subject to wildland fires due to existing vegetation and a temperate climate with dry summer months. These factors create a substantial safety hazard to nearby residences and the natural environment.

The City’s existing development and vacant sites along eastern slope of San Bruno Mountain may be subject to slope movement resulting in potential hazards related to slope stability.

2. The City regularly experiences strong winds, with average velocities ranging from approximately 15 to 25 miles per hour and reaching high velocities of 70 miles per hour and these winds may significantly contribute to the spread of fire and increase the difficulty of fire suppression in the City or otherwise impact structures, such as patio covers.

3. The City is located near the San Andreas Fault and is subject to seismic activity that could potentially result in ground shaking and damage to structures, via shaking, slope failure, and liquefaction and potentially ignite fires throughout the City. The reduction of natural gas infrastructure would reduce fire hazards in buildings near highly combustible wildland areas and hazards associated with gas leaks during seismic events.

4. Certain hillside areas of the City contain narrow, winding streets, with steep grades and congested parking and traffic, making access difficult for fire apparatus and equipment in the event of an emergency. Numerous dwellings located within the upper hillsides can only be reached by means of private access ways which may not be adequately constructed or maintained for access by Fire Department vehicles.

5. Brisbane’s small residential lots on steep hillsides pose hazards of accidents associated with swimming pools due to the close proximity between the swimming pools and residences.

6. Brisbane has a predominance of small lots, with many being in range of 2,500 to 5,000 square feet, and sound transmission from one lot can readily impact neighboring lots. The close proximity of the lots on steep topography could also exacerbate the impacts in the event of a structural or grading failure.

7. The City’s topography, combined with its proximity to U.S. Interstate 101, which runs through its eastern edge, and its proximity to San Francisco International Airport (SFO), located approximately 2 to 3 miles to the south, results in sound transmission from these sources throughout the City.

8. Brisbane has a large number of existing older buildings and structures, many of which were built without the benefit of building codes being in effect at the time, and the specific climatic, geological, and topographic conditions combine to create hazardous conditions to these structures.

9. Brisbane, like the Bay Area and the state of California, is already suffering impacts of climate change in the form of droughts, air pollution, extreme heat, lowland flooding, wildfires and stagnating smoke, and these impacts will grow more severe if global greenhouse gas emissions are not significantly reduced. Construction of energy efficient 33 I.
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buildings and installation of renewable energy systems protects the public health and welfare by reducing air pollution, greenhouse gas emissions, average and peak energy demand, and adverse impacts from power outages.

10. Failure to address and significantly reduce greenhouse gas (GHG) emissions could result in rises in sea level, including in San Francisco Bay, that could put at risk City homes and businesses, public facilities, and Highway 101 (Bayshore Freeway), particularly the mapped Flood Hazard areas of the City.

11. The burning of fossil fuels in gas appliances within buildings contributes to climate change and GHG emissions as well as poor air quality. All-electric new buildings benefit the health, safety, and welfare of Brisbane residents. Encouraging all-electric construction will reduce the amount of GHG emissions produced in Brisbane.

12. The combustion of gas inside homes produces harmful indoor air pollution, specifically nitrogen dioxide, carbon monoxide, nitric oxide, formaldehyde, acetaldehyde, and ultrafine particles. These odorless and undetectable gas combustion pollutants can cause respiratory diseases, including increased risk of childhood asthma.

13. Use of fossil fuel vehicles is a primary contributor to transportation emissions and availability of EV charging infrastructure is a critical component to EV adoption over the continued use of fossil fuel reliant vehicles. Additionally, provision of EV charging infrastructure is most cost effective as part of new development projects versus existing building/site retrofit projects.

14. Electricity supplied by Peninsula Clean Energy is exceedingly clean and will become cleaner over time as the broader grid meets more stringent Renewable Portfolio Standard requirements and translate the clean energy benefits to electric vehicles and all-electric buildings.

F. In 2024, Brisbane adopted an energy and GHG emissions reach code, which included provisions for energy performance standardsin new construction, known as the City of Brisbane New Building Energy Performance Reach Code (Ordinance # 691), and the following is noted:

1. The City of Brisbane New Building Energy Performance Reach Code amended the 2022 California Energy Code.

2. It is the intent of the City Council to eliminate natural gas emissions in new buildings where all electric infrastructure may be most practicably integrated, thereby reducing the environmental and health hazards produced by the consumption and transportation of natural gas.

3. Scientific evidence has established that natural gas combustion, procurement and transportation produce significant greenhouse gas emissions that contribute to global warming and climate change.

4. This Reach code is reasonably necessary because of health and safety concerns as City residents suffer from asthma and other health conditions associated with poor indoor and outdoor air quality exacerbated by the combustion of natural gas.

5. Using electric heating and cooling infrastructure in new buildings fueled by less greenhouse gas intensive electricity is linked to significantly lower greenhouse gas emissions and is cost competitive because of the cost savings associated with all-electric designs that avoid new gas infrastructure.

6. The most cost-effective time to integrate electrical infrastructure is in the design phase of a building project because building systems and spaces may be designed to optimize the 34 I.
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performance of electrical systems and the project can take full advantage of avoided costs and space requirements from the elimination of natural gas piping and venting for combustion air safety.

7. By reason of express findings summarized in Exhibit A, it is necessary to reaffirm adoption of Brisbane’s 2024 New Building Energy Performance Reach Code again, as soon as new performance standards are released.

8. Pursuant to California Health and Safety Code Section 17958(b)(1), the changes or modifications contained within the City of Brisbane New Building Energy Performance Reach Code are substantially equivalent to local amendments that were previously adopted and filed by the City of Brisbane City Council, were in effect prior to September 30, 2025, and therefore may be readopted.

G. In 2019, Brisbane adopted an energy and GHG emissions reach code, which included EV charger and EV parking regulations for new development projects, known as the City of Brisbane Electric Vehicle Infrastructure Ordinance. It was readopted in 2022 (Ordinance #675) and minor amendments were made adopted in 2024 (Ordinance # 691); the following is noted:

1. Use of fossil fuel vehicles is a primary contributor to transportation emissions and availability of EV charging infrastructure is a critical component to EV adoption over the continued use of fossil fuel reliant vehicles. Additionally, provision of EV charging infrastructure is most cost effective as part of new development projects versus existing building/site retrofit projects.

2. The provisions within Brisbane’s EV Infrastructure Ordinance exceed the EV infrastructure provisions required by the 2025 California Building Standards Code as well as the latest EV infrastructure reach codes proposed by the Bay Area Reach Codes Coalition.

3. By reason of express findings E.13 and E.14 noted above, it is necessary to reaffirm adoption of Brisbane’s amended 2019 Electric Vehicle Infrastructure Ordinance again in 2025.

4. Pursuant to California Health and Safety Code Section 17958(b)(1), the changes or modifications contained within the City of Brisbane Electric Vehicle Infrastructure Ordinance are substantially equivalent to local amendments that were previously adopted and filed by the City of Brisbane City Council, were in effect prior to September 30, 2025, and therefore may be readopted.

SECTION 2: Section 15.04.010 of the Brisbane Municipal Code is amended to read as follows:

15.04.010 Purpose and authority.

The purpose of this chapter is to adopt by reference the 2025 Edition of the California Building Standards Code, Title 24 of the California Code of Regulations. This chapter is also adopted to provide minimum requirements and standards for the protection of the public safety, health, property and welfare of the City of Brisbane. This chapter is adopted under the authority of Government Code Section 38660 and Section 50022.2 and Health and Safety Code Section 18941.5.

SECTION 3: Section 15.04.040 of the Brisbane Municipal Code is amended to read as follows:

15.04.040 Adoption of construction codes.
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A. Title 24 of the California Code of Regulations, 2025 Edition of the California Building Standards Code, is hereby adopted by reference and incorporated in this code, including the following parts:

1. 2025 California Administrative Code, Title 24, Part 1.

4. 2025 California Electrical Code, based on the 2023 Edition National Electric Code as published by the National Fire Protection Association (NFPA), Title 24, Part 3.

7. 2025 California Energy Code, Title 24, Part 6.

8. 2025 California Historical Building Code, Title 24, Part 8.

9. 2025 California Wildland-Urban Interface Code, Title 24, Part 7

10. 2025 California Fire Code, Title 24, Part 9, and modifications thereof, see Chapter 15.44 of this title.

11. 2025 California Existing Building Code based on the 2024 International Existing Building Code Edition, published by the International Code Council, together with those omissions, amendments, exceptions and additions thereto as amended in Part 10 of the California Building Standards Code, California Code of Regulations Title 24.

12. 2025 California Green Building Standards Code, Title 24, Part 11.

13. 2025 California Referenced Standards Code, Title 24, Part 12.

B. The 2024 International Property Maintenance Code is hereby adopted by reference and incorporated in this code.

SECTION 4: Section 15.04.043 of the Brisbane Municipal Code is amended to read as follows:

15.04.043 Amendments to the California Building Standards Code The 2025 California Building Code (CBC), California Residential Code (CRC), and the 2024 International Property Maintenance Code (IPMC) are hereby amended as follows:
(Subsections A through J, no change).

SECTION 5: Chapter 15.44. of the Brisbane Municipal Code is amended by deleting the existing text and replaced with the following:

Chapter 15.44 FIRE PREVENTION CODE
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15.44.010 Adoption of fire prevention code.

The Fire Prevention Code for the City of Brisbane shall be the 2024 Edition of the International Fire Code and the 2025 Edition of the California Fire Code, including Appendices B, C, D, F, and L (collectively, hereinafter referred to as the "Fire Code"), as promulgated by the International Code Council, and the same is hereby adopted and incorporated herein by reference, subject to the modifications as contained in this Chapter 15.44. Two (2) copies of the fire code have been filed for use and examination by the public, one copy being located at Brisbane City Hall and the other copy being located at the fire administration office.

15.44.020 Title of chapter.

This chapter shall be known as the "fire prevention code of the city" for the administration and enforcement of the fire code.

15.44.030 Section 104.3 amended—Applications and permits.

Section 104.3 of the fire code is amended by adding the following paragraphs at the end of said section:

Except as otherwise determined by the Fire Marshall, plans submitted in support of an application for a building permit to construct all buildings or structures within the City of Brisbane shall be submitted to the Fire Department for review and approval to determine conformance with applicable fire and life safety requirements.

No portion of any equipment intended to be covered by earth or by enclosure within permanent portions of a building or structure shall be enclosed until inspected and approved by the Fire Marshal, or appointed Fire Department staff. An inspection shall be requested prior to covering or enclosing of any such equipment. Such request shall be made not less than forty-eight (48) hours prior to the estimated time of the desired inspection.

15.44.040 Section 105.6.26 added—Permit fees.

Section 105.6.26 is added to the fire code, to read as follows:
105.6.26 Permit fees. The Fire Department shall be authorized to charge such fees and costs for services performed pursuant to the Fire Code as may be established from time to time by ordinance or resolution of the City Council.

15.44.050 Section 503.2.5 amended—Dead ends.

Section 503.2.5 of the fire code is amended by adding the following paragraph to the end of said section:

Dead-end fire apparatus access roads in excess of one hundred fifty feet (150′) in length shall be provided with a minimum turnaround clear radius of fifty-two feet (52′), or other turnaround as approved by the Fire Marshal.

15.44.060 Section 503.3 amended—Marking.

Section 503.3 of the fire code is amended by adding the following paragraph to the end of said section:

Where fire lanes on private property have been designated by the Fire Marshal, curbs shall be painted red on the side or sides of the street or access route where parking is prohibited and no parking signs or other appropriate notice prohibiting obstructions, as approved by the Fire Marshal, shall be provided and maintained by the owner. No parking signs shall read as follows:

FIRE LANE
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NO PARKING OR STOPPING
CVC SEC. 22500.1

PARKED VEHICLES MAY BE TOWED

AT VEHICLE OWNER'S EXPENSE

15.44.070 Section 507.5.7 added—Fire hydrants and water supply.

Section 507.5.7 is added to the fire code, to read as follows:
507.5.7 Hydrants. All new fire hydrants shall be UL listed, or equivalent, wet barrel type having a minimum of two 2 ½" and one 4 ½" outlets, all equipped with national standard threads (Clow 860, or approved equivalent). The minimum fire service main size permitted is six inches (6").

15.44.080 Section 903 amended—Automatic sprinkler systems.

Section 903 of the fire code is amended in its entirety to read as follows:
903 Automatic fire extinguishing systems.
(a) Notwithstanding any other provisions of this code or any other code or ordinance of the City of Brisbane, automatic fire sprinkler systems, approved by the fire marshal, shall be installed in the following buildings and structures that are classified as new construction:

1. For all occupancies except R-3 occupancies: Any new building or structure, regardless of size, except stand alone, uninhabitable buildings, garages and sheds having a floor area of less than four hundred (400) square feet.

2. For all R-3 occupancies: Any new single-family or duplex structure, excluding any detached accessory structure that does not constitute habitable space having a floor area of less than four hundred (400) square feet.
(b) When additions or alterations made to an existing building fall within the requirements under Brisbane Municipal Code Chapter 15.10, an automatic fire sprinkler system shall be provided for the entire building.
(c) Other Areas. An automatic fire sprinkler system shall be installed in all garbage compartments, rubbish and linen chutes, linen rooms, incinerator compartments, dumb waiter shafts, and storage rooms when located in all occupancies except Group R, Division

3. An accessible indicating shut off valve shall also be installed. (d) Condominium Conversions. An automatic fire sprinkler system shall be installed for all condominium conversions.
(e) Where automatic fire sprinkler systems are required to be installed, the following additional requirements shall also be satisfied, as applicable:

1. A minimum of three (3) copies of plans and specifications for automatic sprinkler installations, plus water supply calculations, shall be provided to the fire department for review and approval prior to commencement of the installation work.

2. All required automatic sprinkler systems shall be approved by the fire department.

3. All acceptance tests and such periodic tests as required by the fire marshal or pursuant to NFPA Pamphlets No. 13, 13D, 13R and/or Subchapter 5, Title 19, California Code of Regulations, shall be conducted and, where applicable, witnessed by a representative of the fire department.
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4. An approved exterior visual fire alarm device may be required for buildings that have numerous fire department connections (FDCs). Type and locations will be determined by the fire department. Such visual alarm devices are not to replace the exterior audible device, but to assist fire suppression personnel as to location(s) of systems which require pumping operations.

15.44.090 Section 5608.1 amended—Fireworks prohibited.

Section 5608.1 of the fire code is amended by adding the following paragraph to the end of the first paragraph:

The possession, storage, sale, use or discharge of fireworks including California State Fire Marshal approved "safe and sane" fireworks are prohibited within the City of Brisbane.

15.44.100 Section 904.2 amended—Where required.

Section 904.2 of the fire code is amended by adding the following subsection after subsection 904.2.2 Commercial hood and duct systems:
904.2.3 Floor markings. The location(s) of all cooking appliances that are protected by an approved automatic fire extinguishing system shall be permanently identified either by a wall mounted "approved" appliance floor plan or marked on the floor in a manner approved by the Fire Marshal.

15.44.110 Section 907.8.1 amended—Maintenance required.

Section 907.8.1 of the fire code is amended by adding the following paragraph at the end of said section:

Owners and operators of group R-1 occupancies shall provide documentation to the Fire Department, such as annual inspection forms, which confirm that all smoke detection devices and equipment within apartment units are installed and are in good operating condition.

15.44.120 Section 304.1.5 added—Removal of invasive species, waste materials and combustible vegetation.

Section 304.1.5 is added to the fire code, to read as follows:
304.1.4 Removal of invasive species, waste materials and combustible vegetation. (a) For purposes of this Section 301.1.5, the following definitions apply:
"Invasive species" means any plant species that is non-native to the ecosystem under consideration and whose introduction causes, or is likely to cause, economic or environmental harm to human health.
"Person" shall mean an owner of any property within the City of Brisbane excepting the City of Brisbane, the Successor Agency of the Redevelopment Agency of the City of Brisbane and the Brisbane Housing Authority.
"Well maintained" means property that is maintained in such a way as to prevent a fire from rapidly spreading including, but not limited to, appropriately watered lawns, ground cover plants, and ornamental shrubbery and trees that are sufficiently spaced, pruned, and free of all dead or dying material.
(b) Notice to Remove. The Division of Fire Prevention is authorized to notify any person owning property within the City of Brisbane or its jurisdiction, or the agent of such person, to properly dispose of invasive species and such wastepaper, hay, grass, straw, weeds, litter, combustible or flammable waste, brush, waste petroleum products, blackberry vines and other growth or rubbish of any kind located on such person's property which is dangerous 39 I.
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to public safety, health or welfare or is deemed a fire hazard by the Division of Fire Prevention. Such notice shall inform the person or the person's agent that should the invasive species, wastepaper, hay, grass, straw, weeds, flammable vegetation, brush, litter, combustible or flammable waste, waste petroleum products, blackberry vines and other growth or rubbish of any kind not be removed as required, then it will be removed by the City and the cost of said removal shall in accordance with this chapter be assessed as a lien on the property, to be collected with the next regular tax bill.

Such notice shall be by certified mail, addressed to the person owning the property at the person's last known address, as revealed by the tax rolls, and such additional address as may be known by the Division of Fire Prevention.
(c) Action Upon Non-compliance. Upon failure, neglect or refusal of any person owning property or the person's agent so notified to properly dispose of invasive species and such wastepaper, hay, grass, straw, weeds, litter, combustible or flammable waste, brush, waste petroleum products, blackberry vines or other growth or rubbish of any kind dangerous to the public health, safety and welfare within fifteen (15) days after receipt of written notice provided for in subsection (b) above, or within fifteen (15) days after the date of such notice in the event the same is returned to the Division of Fire Prevention because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such person or agent, as provided in subsection (b) of this section, the Division of Fire Prevention is hereby authorized to refer this non-compliance to the City Manager to have the City pay for disposing of such invasive species, wastepaper, hay, grass, straw, weeds, litter, combustible or flammable waste, brush, waste petroleum products, blackberry vines and other growth or rubbish that endangers property or is liable to be fired. (d) Charge Included in Tax Bill. When the City has effected the removal of dangerous or hazardous conditions from property as noted in subsection (b) or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of ten percent (10%) per annum from the date of the completion of the work, if not paid for by such person prior thereto, shall be charged to the person owning such property on the next regular tax bill forwarded to such person, and said charge shall be due and payable by said person at the time of payment of such bill.
(e) Property Including Buildings, Structures and Acreage Maintained.

1. Any person who owns, leases, controls, operates or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands or grass covered lands, or any land covered with flammable material shall maintain around and adjacent to such building or structure a fire break for a distance of not less than thirty (30) feet or to the property line, whichever shall be less.

2. Any person who owns unimproved acreage that is two acres or less shall maintain a one hundred (100) foot fire break around the perimeter of such acreage. Any person who owns unimproved acreage that is more than two acres, but less than four acres shall maintain a one hundred (100) foot clearance along each property line and a one hundred (100) foot crosscut break such that there is one hundred (100) feet of clearance around every three acres, Any person who owns unimproved acreage four acres or greater shall maintain a one hundred (100) foot clearance along each property line and a one hundred (100) foot crosscut break every three acres. Trees within the 100-foot clearance or within the crosscut break (i) that are less than six feet in height shall be removed entirely from the acreage, (ii) that are ten feet in height or greater must be limbed such that the lowest limb is not less than six (6) feet from the ground, and (iii) that are dead shall be removed completely from the acreage. 40 I.
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3. Within the areas described in paragraph 2 of subsection (e), dead or dying grass shall be mowed to a maximum of four inches in height, brush shall be cut to within several inches of the surface and vegetation shall be well maintained. (f) The Fire Chief or the Fire Chief's designee has the discretion to direct the maintenance requirements of subsection (e) or to modify the requirements of subsection (e) due to terrain or environmental concerns.
(g) Notwithstanding that a person has taken action to remove the flammable materials described in subsection (b), if flammable materials re-occur on the property, such person shall remove such materials as provided in this section. (h) Remedies Cumulative. The remedies set forth in this section are in addition to any other remedies available to the City as set forth in its ordinances and resolutions and the statutes of the State of California.
(i) Other Regulations. In addition to the remedies set forth herein, the City Council may adopt such other additional, appropriate resolutions and ordinances establishing procedures and regulations for the regulation, control and abatement of invasive species, waste materials, weeds and other matters constituting a fire and/or safety hazard. The City Manager or the City Manager's designee may promulgate regulations to implement and carry out the purposes of this Ordinance, Other regulations concerning vegetation management and fire prevention apply to properties within the San Bruno Mountain Habitat Conservation Plan Area, including the need for a person engaging in vegetation management and fire prevention to obtain a permit from the County of San Mateo before engaging in such activity."

15.44.130 Section 710 added—Roof coverings.

Section 710 is added to the fire code, to read as follows:
710 Roof coverings. Roof coverings on all buildings shall be fire retardant non-wood materials and shall comply with the standards of the California Building Code, Class A or B, prepared or builtup roofing. Re-roofing of existing buildings which occurs within any twelve (12) month period shall comply with the foregoing requirement if the re-roofing involves fifty percent (50%) or more of the roof area in the case of a non-wood roof or ten percent (10%) or more of the roof area in the case of a wood roof.

15.44.140 Section 5301.1 amended—Scope.

Section 5301.1 of the fire code is amended by adding the following paragraph at the end of the first paragraph:

The storage of compressed natural gas is prohibited in all areas of the City except for the following subareas as identified in the General Plan for the City of Brisbane: Northeast Bayshore, Southeast Bayshore, Crocker Park, Beatty, and the Baylands when the storage container or tank is located at least 200 (two hundred) feet from the closest property line of a property occupied by a residence or school. Notwithstanding the foregoing, the Fire Marshal may grant a permit for storage of compressed natural gas in other areas of the City if the Fire Marshal determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Fire Marshal may impose such conditions and requirements upon the issuance of the permit as the Fire Marshal deems necessary or appropriate.

15.44.150 Section 5601.2 amended—General.
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Section 5601.2 of the fire code is amended by adding the following paragraph at the end of said section:

The storage of explosives and blasting agents is prohibited in all areas of the City, except that the Fire Marshal may grant a permit to allow such storage if the Fire Marshal determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Fire Marshal may impose such conditions and requirements upon the issuance of the permit as the Fire Marshal deems necessary or appropriate.

15.44.160 Section 5704.1 amended—General.

Section 5704.1 of the fire code is amended by adding the following paragraph at the end of said section:

The storage of flammable or combustible liquids in outside aboveground tanks is prohibited in all areas of the City except for the following subareas as identified in the General Plan for the City of Brisbane: Northeast Bayshore, Southeast Bayshore, Crocker Park, Beatty, and the Baylands when the storage container or tank is located at least 200 (two hundred) feet from the closest property line of a property occupied by a residence or school. Notwithstanding the foregoing, the Fire Marshal may grant a permit for such storage in other areas of the City if the Fire Marshal determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Fire Marshal may impose such conditions and requirements upon the issuance of the permit as the Fire Marshal deems necessary or appropriate.

15.44.170 Section 6104.2 amended—Maximum capacity within established limits.

Section 6104.2 of the fire code is amended by adding the following paragraph at the end of the first paragraph of said section:

The aggregate storage of liquefied petroleum gas at any one installation in excess of five hundred (500) gallons (1893 L) is prohibited in all areas of the City except for the following subareas as identified in the General Plan for the City of Brisbane: Northeast Bayshore, Southeast Bayshore, Crocker Park, Beatty, and the Baylands when the storage container or tank is located at least 200 (two hundred) feet from the closest property line of a property occupied by a residence or school.

Notwithstanding the foregoing, the Fire Marshal may grant a permit for such storage in other areas of the City if the Fire Marshal determines, in each case, that the storage is required for the conduct of a lawful use upon the property, will not constitute a safety hazard, and will otherwise comply with all applicable provisions of this Code and all other ordinances, rules and regulations of the City. The Fire Marshal may impose such conditions and requirements upon the issuance of the permit as the Fire Marshal deems necessary or appropriate.

15.44.180 Section 914.3.9 added—Firefighter breathing air replenishment system.

Section 914 of the fire code is amended by adding the following paragraph:

Section 914.3.9 Firefighter breathing air replenishment system. All Group B and Group R occupancies, each having floors used for human occupancy located more than seventy-five feet (75') above the lowest level of fire department vehicular access, shall be equipped with an approved rescue air replenishment system as per Appendix L. Such a system shall provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of portable life sustaining air equipment carried by fire department, rescue, and other personnel in the performance of their duties. Location and specifications or access stations to, and the installation of, such air replenishment systems shall be in accordance with the requirements of the fire chief. 42 I.
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15.44.190 Section 903.2.22 added—Sprinkler protection of car stackers.

Section 903.2.22 of the fire code is added to read:

Sections 903.2.22 Purpose: To establish requirements for sprinkler protection of car stackers not specifically addressed in NFPA 13.

Section 903.2.22 - Car Stackers
Parking garage areas containing car stackers shall be protected by an automatic wet-pipe sprinkler system designed to Extra Hazard Group 2. In addition, non-extended coverage standard sidewall sprinklers listed for Ordinary Hazard shall be provided under each parking level, including the bottom level if the stacker is provided with a pit. Each sidewall sprinkler shall cover an area of 80 sq. ft. or less.

The area of application may be reduced from the required 2500 sq. ft. to as low as 1500 sq. ft. if

1. 1-hour fire rated walls are provided to separate the car stacker areas from the standard parking stalls,

2. The car stacker areas are divided up into 1500 sq. ft. areas via 1-hour fire rated walls, and

3. One-hour fire rated walls are provided to separate the car stacker areas from any other areas in the garage.

One-hour fired rated walls are not required in the driveway areas. For the hydraulic calculation, flow from all sprinklers, upright or pendent sprinklers at ceiling and all sidewall sprinklers at all levels, located in the area of application shall be included in the calculation.

15.44.193 Amendment to Appendix D of Section D101—Definition—Fire apparatus access road.

Appendix D of the Fire Code is amended by adding Section D101.2 to read as follows:

D101.2—Definition Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to at facility, building or portion thereof. This is a general term inclusive of all other terms such as but not limited to fire lane, public street, private street, parking lot lane, access roadway and driveway.

15.44.197 Amendment to Appendix D of Section D102—Access road exceptions.

An Exception is added to Appendix D of Section D102 of the fire code to read as follows:

Exception: When a fire department access road cannot be installed due to location on the property, topography, waterways, nonnegotiable grades, or other similar conditions the authority having jurisdiction shall be authorized to require fire protection features in addition to those already required.

15.44.200 Section D102.2 added—Access to exterior door.

Section D102.2 of the fire code is added to read as follows:

Section D102.2 Fire department access shall extend to within 50 feet (15 m) of at least one exterior door that can be opened from the outside and that provides access to the interior of the building.

15.44.210 Section D102.3 added—Large building access.

Section amendment Appendix D Section D102.
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Section D102.3 of the fire code is added to read as follows:

Large Buildings—Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft. (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility.

15.44.220 Section D102.4 added—Access road clearance.

Section amendment Appendix D Section D102.

Section D102.4 is added to read as follows:

Fire department access roads shall have an unobstructed vertical clearance of not less than 13 ft. 6 in. (4.1 m.).

15.44.230 Reserved.

15.44.240 Reserved.

15.44.250 Amendment of Appendix D, Section D103.7 added—Marking.

Appendix D of the fire code is amended by adding Section D103.7 to read:

D103.7—Marking. Where fire lanes on private property have been designated by the Fire Marshal, curbs shall be painted red on the side or sides of the street or access route where parking is prohibited and no parking signs or other appropriate notice prohibiting obstructions, as approved by the Fire Marshal, shall be provided and maintained by the owner.

15.44.260 Violations of fire code—Penalties.

The violation of any of the provisions of the fire code adopted by this chapter, or any permit issued thereunder, shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

SECTION 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Brisbane hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.

SECTION 7. The City Council finds and determines that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15308, Actions by Regulatory Agencies for Protection of the Environment.

SECTION 8: This Ordinance shall be in full force and effect when the 2025 Edition of the California Building Code becomes effective state-wide on January 1, 2026. * * *
The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Brisbane held on the ________ day of ____________________, 2025, by the following vote:
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AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Mayor Cliff Lentz
ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM:
_____________________________
City Attorney
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EXHIBIT A

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Exhibit A
Findings Supporting Local Amendments to Title 24 of the California Code of Regulations, 2025 Edition of the California Building Standards Code
Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions in the uniform codes that are published in the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local change to those provisions in the uniform codes and published in the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions. Similar findings must be made to adopt model code appendices. Amendments to provisions not regulating buildings used for human habitation, including amendments made only for administrative consistency, do not require findings.

Pursuant to California Health and Safety Code Section 17958(b)(1), the changes or modifications specified below are substantially equivalent to local amendments that were previously adopted and filed by the City of Brisbane City Council, were in effect prior to September 30, 2025, and therefore may be readopted.

Code: California Building Code
Section(s) Title Add Delete Amended Justification
(see Key)
102.6.3 Buildings or structures moved into
city
X B, C
102.7 Additions, Alterations, and Major
Rebuilds to Existing Buildings
X B, C
1505.1.2 Roof coverings within all other
areas other than Fire Hazard
Severity Zones or Wildland-Urban
Interface
X B, C
Appendix G Flood Resistant Construction X B, C
Appendix I Patio Covers X B, C
Appendix J Grading X B, C
Code: California Residential Code
Section(s) Title Add Delete Amended Justification
(see Key)
Appendix BF Patio Covers X B, C
Appendix BO Existing Buildings and Structures X B, C
Appendix BG Sound Transmission X C
Appendix CI Swimming Pool Safety Act X B, C
Code: California Fire Code
Section(s) Title Add Delete Amended Justification
(see Key)
104.3 Application and permits X B, C
105.6.26 Permit fees X B, C
503.2.5 Dead ends X B, C
503.3 Marking X B, C
507.5.7 Fire hydrants and water supply X B, C
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Code: California Fire Code
Section(s) Title Add Delete Amended Justification
(see Key)
903 Automatic sprinkler systems X B, C
5608.1 Fireworks prohibited X B, C
904.2 Floor markings X B, C
907.8.1 Maintenance required X B, C
304.1.5 Removal of invasive species, waste
materials and combustible
vegetation
X C
710 Roof coverings X B, C
5301.1 Scope (storage of compressed
natural gas)
X B, C
5601.2 General (storage of explosives and
blasting agents)
X B, C
5704.1 General (storage of flammable or
combustible liquids in outside
aboveground tanks)
X B, C
6104.2 Maximum capacity within
established limits
X B, C
914.3.9 Firefighter breathing air
replenishment system
X B, C
903.2.22 Sprinkler protection of car stackers X B, C
D101 Fire apparatus access road
(definition)
X B, C
D102 Access road exceptions X B, C
D102.2 Access to exterior door X B, C
D102.3 Large building access X B, C
D102.4 Access road clearance X B, C
D103.7 Marking X B, C
Key:

A. Climatic
The local amendments are justified on the basis of a local climatic conditions in Brisbane. Failure to address and significantly reduce greenhouse gas (GHG) emissions could result in rises in sea level, including in San Francisco Bay, that could put at risk City homes and businesses, public facilities, and Highway 101 (Bayshore Freeway), particularly the mapped Flood Hazard areas of the City. Electric vehicle (EV) charging infrastructure and elimination of the burning of fossil fuels used in gas appliances for the heating of buildings are key components in reducing GHG emissions.

EV charging installations can help the City of Brisbane reduce its share of the GHG emissions that contribute to climate change and contribute to the reduction of GHG emissions by supporting the demand for EVs and the associated charging infrastructure. Furthermore, electricity will become cleaner over time as utilities achieve more stringent Renewable Portfolio Standard requirements and translate the clean energy benefits to electric vehicles.
47 I.
11/6/2025 City Council Meeting ATTACHMENT 1

EXHIBIT A

Page 17 of 18 ends

Natural gas combustion and gas appliances emit a wide range of air pollutants, such as carbon monoxide (CO), nitrogen oxides (NOx, including NO2), particulate matter (PM), and formaldehyde, which according to a UCLA study, have been linked to various acute and chronic health effects, and additionally exceed levels set by national and California-based ambient air quality standards. The burning of fossil fuels used in gas appliances for the heating of buildings contributes to climate change and GHG emissions. All-electric new buildings benefit the health, safety, and welfare of Brisbane residents.

Encouraging all-electric construction without gas infrastructure will reduce the amount of GHG emissions produced in Brisbane.

B. Geological
The local amendments are justified on the basis of local geological conditions in Brisbane. The City is located near the San Andreas Fault and is subject to seismic activity that could result in ground shaking and damage to structures, via shaking, slope failure, and liquefaction and potentially ignite fires throughout the City. A powerfully damaging earthquake similar to the 1906 earthquake or 1989 Loma Prieta earthquake is rare but likely to occur in the next 30 years. Smaller magnitude earthquakes are also likely to occur, potentially producing significant local damage. The reduction of natural gas infrastructure in new buildings would reduce the hazards associated with gas leaks during seismic events.

C. Topographical
The local amendments are justified on the basis of local topographic conditions in Brisbane. The City of Brisbane is located at the western edge of the San Francisco Bay and along the eastern flanks of San Bruno Mountain and is approximately 2 to 3 miles north of the San Francisco International Airport (SFO). The City has both existing development and vacant development sites in flood prone areas as well as areas that may be subject to slope movement in steep areas of the City. Many of the City’s existing residential lots are small, with many being in range of 2,500 to 5,000 square feet, and located on steep hillsides.

The City’s topography and location, adjacent to the San Francisco Bay, San Bruno Mountain U.S.

Interstate 101, which runs through its eastern edge, and SFO, combined with it small residential lots present a number of hazards that include, but is not limited to flooding, slope stability, increased exposure to noise, and accidents associated with swimming pools due to the close proximity between the swimming pools and residences.

Furthermore, the City’s hillside areas are constructed on the eastern slope of San Bruno Mountain which is immediately adjacent to a protected habitat conservation area subject to wildland fires due to existing vegetation, particularly chaparral, and a temperate climate with dry summer months. These wildland areas pose substantial risk to nearby residences and the natural environment. Brisbane also regularly experiences strong winds, with average velocities ranging from approximately 15 to 25 miles per hour and reaching high velocities of 70 miles per hour. These winds may significantly contribute to the spread of fire and increase the difficulty of fire suppression in the City or otherwise impact structures, such as patio covers.

The reduction of natural gas infrastructure in new buildings and the transition to electric appliances in existing residential buildings would reduce fire hazards in buildings near highly combustible wildland areas. Furthermore, these areas contain narrow, winding streets, with steep grades and congested parking and traffic, making access difficult for fire apparatus and equipment in the event of emergency. Numerous dwellings located within the upper hillsides can only be reached by means of private access ways which may not be adequately constructed or maintained for access by Fire Department vehicles.

D. Environmental
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EXHIBIT A

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The local amendments improve the public health and welfare by promoting the environmental and economic health of the City through the design, construction, maintenance, operation and deconstruction of buildings and sites by incorporating green practices into all development. The local amendments are consistent with the goals of the Green Building Code and help achieve the following goals:
• Reduce the use of natural gas in buildings which improves indoor environmental quality and health;
• Increase the energy efficiency of new and existing structures; • Reduce the use of natural gas which will reduce the natural gas infrastructure and fire risk over time;
• Promote the health and productivity of residents, workers, and visitors to the city; and • Increase electric vehicle charging infrastructure to encourage electric vehicle adoption which in turn reduces greenhouse gas emissions and improves air quality 49 I.

File Attachments for Item:

J. Authorize the Publication of the Artful Bench Program Request for Proposals to Prospective Artists
(The Request for Proposals denotes a “Not to Exceed” budget of $125,000, which will be allocated to the artists selected.)
50 Artful Bench Program RFP

CITY COUNCIL AGENDA REPORT
Meeting Date: November 6, 2025
From: Noreen Leek, Parks & Recreation Director
Subject: Publish the Request for Proposals (RFP) to solicit artists for the Artful Bench Program
Recommendation
Staff recommend City Council authorize the publication of the Artful Bench Program RFP (Attachment 1) to prospective artists, as advised by the Public Art Advisory Committee.

Background
Brisbane’s Public Art Ordinance was adopted in 2014 to increase citizens’ appreciation of art, to improve quality of life, and to enhance Brisbane’s identity as a unique community within the greater Bay Area. Shortly after, the City adopted the Public Art implementation guidelines to ensure community involvement, provide for a diverse art collection, create a sense of place, and engage artists. These guidelines were most recently amended by the City Council on 9/18/2025. The guidelines detail general policies and procedures for the procurement of public art in Brisbane as well as the use of funds appropriated for public art. The City’s first ever Public Art Master Plan was also adopted by the City Council in March 2025.

Discussion
An artfully designed bench program would combine public seating with site-specific artwork, enhancing both the functional and aesthetic value of public spaces throughout the community.

Such a program would provide opportunities for local and regional artists, increase civic engagement, complement the City’s age-friendly goals, and contribute to a more vibrant and welcoming streetscape.

As the Public Art Advisory Committee began establishing annual priorities based on the Master Plan, one project quickly emerged as a leading focus—artful benches. This initiative also surfaced as a project of interest through the Age-Friendly process. The Public Art Advisory Committee discussed this topic at their meetings between June-September 2025. They considered a pilot program for artistically designed benches and incorporated input from the Age-Friendly task force to guide location planning. During these meetings, the Committee engaged in extensive discussions regarding prospective locations, budget considerations, and program goals. The Draft RFP (Attachment 1) was recommended unanimously by the Public Art Advisory Committee for Council consideration.

Fiscal Impact
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Artful Bench Program RFP
The RFP denotes a “Not to Exceed” budget of $125,000, which will be allocated to the artists selected. The Public Art Advisory Committee may choose to recommend dividing the budget between multiple successful applicants. Funds for this project are available within the Public Art Fund (Fund 275).

Attachments

1. Artful Bench Program RFP
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Jeremy Dennis, City Manager 52 J.

REQUEST FOR

PROPOSALS (RFP)
RELEASE DATE 11/10/2025
RESPONSE DEADLINE 1/9/2026

CITY OF BRISBANE
Artful
Bench
Program
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Call for Artists
The City of Brisbane, CA is seeking qualified arƟsts, individuals, or teams (hereinaŌer referred to as ARTIST) with demonstrated experience in developing public art for funcƟonal spaces. ArƟsts are invited to submit their proposal outlining their experience in performing work directly related to the services required. ArƟst selecƟon will be made based on a combinaƟon of experience, qualificaƟons, availability, and capacity to perform the scope of services.

SUBMISSION
Please submit your statement of qualificaƟons using the format specified in this Request For Proposals (RFP).

PROPOSALS MUST BE RECEIVED BY JANUARY 9, 2026, NO LATER THAN 12:00PM. Those received aŌer the specified Ɵme and date will not be considered. Proposals may be submiƩed one of the following ways:

Preferred:

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

Note: An email will be sent to confirm receipt.

Accepted:

2. Mailed to:

ATTN: Noreen Leek, Parks & RecreaƟon Director
City of Brisbane
50 Park Place
Brisbane, CA 94005
If mailed, it must be received by the City by no later than 12:00 p.m. on January 9, 2026.

3. Dropped off in person to the Parks & RecreaƟon Department on the second floor of Brisbane City Hall, 50 Park Place, Brisbane, CA 94005 during business hours. The deadline to drop off in person is 12:00 p.m. on January 9, 2026.

QuesƟons regarding the informaƟon contained in the RFP document must be submitted in writing by email to: [email protected]. All quesƟons must be received by January 2, 2026. QuesƟons will be responded to in wriƟng. WriƩen summaries of all quesƟons and answers will be recorded and will be shared with all prospecƟve ArƟsts. Anonymity of the source of specific quesƟons will be maintained in the responses, and a clarificaƟon addendum will be issued, if necessary. Verbal inquiries are discouraged and the intent behind this requirement is to ensure that all prospective Artists have the same informaƟon available to them and no inconsistent, incomplete, or misinformaƟon is communicated to any party.

Noreen Leek | (415) 508-2141 | [email protected]
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BACKGROUND
The City of Brisbane is a small City in San Mateo County, approximately 20.1 square miles, nestled into the lower slopes of San Bruno Mountain. The city is located immediately south of San Francisco and is bordered to the east by the San Francisco Bay. The City of Brisbane was incorporated on November 27, 1961. Brisbane is known as “The City of Stars” due to a holiday tradiƟon daƟng back to 1939. Residents and businesses adorn their homes and buildings with illuminated stars in early Winter delighƟng passersby.

In 2014, the City of Brisbane adopted a Public Arts Ordinance to increase ciƟzens’ appreciaƟon of art, to improve quality of life, and to enhance Brisbane’s idenƟty as a unique community within the greater Bay Area. AddiƟonally, public art should sƟmulate creaƟvity, imaginaƟon, induce creaƟve conflict, and add a unique human quality to the environment and enrich public spaces. A city rich in art becomes an outdoor cultural museum accessible to everyone.

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

The Brisbane Public Art Advisory CommiƩee is the City CommiƩee responsible for ensuring all public art projects in the City of Brisbane meet the program criteria and guidelines for selecƟon of an arƟst or arƟst team, artwork, and artwork locaƟon established in the Public Arts ImplementaƟon Guidelines. In 2025, the City of Brisbane (with support from NINEdotARTS) adopted its first ever Public Art Master Plan, intended to integrate public art into the fabric of the city and thereby promote beauty, creaƟvity, and community engagement. The master plan provides long-term guidance and direcƟon to the City of Brisbane on the planning and processes necessary to administer and maintain a successful public art program. Link to Public Art Master Plan “The mission for public art in the City of Brisbane is to support community identity, unity, and pride through diverse artwork that grabs attention and distinguishes a unique sense of place.” 55 J.

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PROJECT SCOPE & DESCRIPTION
The Public Art Advisory Committee, in collaboration with the Brisbane City Council, seeks to establish an artfully designed bench program that combines public seating with site-specific artwork, enhancing both the functional and aesthetic value of public spaces throughout the community. Such a program would provide opportunities for local, regional, and national artists, increase civic engagement, complement the City’s age-friendly goals, and contribute to a more vibrant and welcoming streetscape. The artfully designed benches should:
• Enhance the visual idenƟty and character of public spaces. • Provide durable, funcƟonal seaƟng that is also a work of art. • Foster community pride and engagement.

This artwork will become a permanent addition to the Brisbane public art collection. All applicants must consider the issues of long-term conservation and maintenance of public art, along with time and budget. The design of art for this project shall be very durable, require minimal maintenance, and be resistant to theft, vandalism, and weathering. Art for this project should not cause any kind of safety hazard for traffic or pedestrians. The art should adhere to the highest standards of quality, timelessness, permanence, and general appeal. NOTE: Art must comply with City building codes and the City’s dark-sky ordinance. Artist proposals will be reviewed by the City of Brisbane’s Public Art Advisory Committee to ensure conformity with city standards of maintenance and durability, as well as Americans with Disabilities Act (ADA) standards. Artists are expected to stay on budget and to complete work in an approved timeframe.

INSTALLATION LOCATIONS
AnƟcipated Number of Commissions: 4-5
There are two project types being sought through this RFP. The first is a request for three (3) new, artistically designed benches that will be added to the community’s existing bench inventory. The second is a request to refurbish existing benches in a way that makes them more artistic and inviting to the community. For the benches being refurbished, the artist is not expected to construct or build a bench on their own as they already exist onsite and would serve as the canvas for art to be added. *NOTE: The structure of the existing benches will be repaired by the City prior to artists starting work onsite. A description of these projects is detailed in the next section and an overview of the budget for each project type is detailed in the budget section of this RFP. 56 J.

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Location 1
Mission Blue Center, 475 Mission Blue Drive, Brisbane, CA 94005 Project Type: NEW
DescripƟon of LocaƟon: This site is the locaƟon for the Mission Blue Center. This stunning facility offers panoramic views of San Bruno Mountain and is host to many large-scale community and private events. There is a large gathering area between the parking lot and the entrance to the facility which could serve as an ideal canvas for arƞully designed seaƟng.

Dimensions/Area Footprint: Approximately 25Ō x 30Ō (See below)

Site Images:

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Location 2
Brisbane Dog Park, 50 Park Place, Brisbane, CA 94005
Project Type: NEW
DescripƟon of LocaƟon: The City's Dog Park resides next to City Hall and can be accessed through the City Hall parking lot or on the northern side via Park Lane. Dogs can enjoy a large grassy area or a smaller, fenced, decomposed granite area, as well as other ameniƟes. A seaƟng area in the smaller (Northern) porƟon of the park is desired in keeping with the character of the overall facility.

Dimensions/Footprint: Approximately 18Ō x 50Ō (See below)

Site Images:

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Location 3
Brisbane Community Center, 250 Visitacion, Brisbane, CA 94005 Project Type: NEW
DescripƟon of LocaƟon: The Community Center is a neighborhood hub for community gatherings, events, classes, and more. Its locaƟon in the heart of the City means that it is surrounded by acƟvity and passersby. A bench in this locaƟon at the entrance of the building would offer respite for people walking up and down Visitacion Avenue and provide a resƟng place for the older adult community and children who frequent the facility.

Dimensions/Footprint: Approximately 3Ō x 10Ō
Site Images:

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Location 4
Brisbane Marina, 400 Sierra Point Parkway, Brisbane, CA 94005 Project Type: REFURBISH
DescripƟon of LocaƟon:

The Brisbane Marina is located only 7 nauƟcal miles from the Bay Bridge and can house up to 580 boats ranging in size from 10Ō to 120Ō. Its locaƟon at Sierra Point includes sweeping views of the San Francisco Bay and San Bruno Mountain. These exisƟng benches are located adjacent to the Bay trail and serve as a place of respite and sightseeing for those who visit Sierra Point. Because of the locaƟon’s harsh environment, the benches are worn and could use a vibrant refresh to enhance the area. There are 6 benches total; 4 grouped on the North end of the site between Dock 6 and the Fishing Pier and 2 grouped on the South end near Dock 1. Note: This locaƟon may be split into two commissions.

Dimensions/Footprint: Each of these concrete benches are approximately 10Ō x 3Ō.

Site Images:

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BUDGET
The commissioned arƟsts will be selected through a mulƟ-stage process which involves the Public Art Advisory CommiƩee and members of the public. The budget allocaƟons are as follows for each project type and locaƟon:

LocaƟon 1 (NEW) Not to exceed $25,000
LocaƟon 2 (NEW) Not to exceed $25,000
LocaƟon 3 (NEW) Not to exceed $25,000
LocaƟon 4 (REFURBISH) $10,000-$50,000 (ConƟngent on total number of benches refurbished) Please note: the Public Art Advisory CommiƩee may choose to recommend dividing the budget between mulƟple successful applicants. The budget should include all costs associated with the compleƟon of the project, including but not limited to: arƟst fees, materials, labor costs for assistants, insurance, permits, taxes, business and legal expenses, operaƟng costs, art dealer’s fees (if applicable), fabricaƟon, and installaƟon. Applicant shall provide a proposed budget itemized by task, as well as the total project cost proposed. Hourly rates for project staff shall also be provided if applicable. Fee proposals must be submiƩed separate from the rest of the RFP response.

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

City Council reviews and authorizes RFP November 6, 2025 RFP Release Date November 10, 2025
QuesƟon Submission Cutoff Deadline January 2, 2026
Proposal Submission Deadline January 9, 2026
SelecƟon CommiƩee review and recommendaƟon January 19, 2026 Community voƟng/selecƟon process February 2026
City Council award of Contract March/April 2026
NoƟce to proceed issued to ArƟst March/April 2026
Design and FabricaƟon Spring/Summer 2026
InstallaƟon Spring/Summer 2026
*Disclaimer: This Ɵmeline is subject to change and the City of Brisbane reserves the right to adjust as deemed necessary. 61 J.

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PROPOSAL REQUIREMENTS
To be responsive, each RFP submission must include the following informaƟon in the format indicated. The submiƩals shall be organized to match the following categories. SubmiƩals not organized according to the following format may be rejected.

1. LeƩer of Interest - not to exceed one page explaining interest in the project and including perƟnent informaƟon about the arƟsts’ approach and projects of a similar nature.

2. Resume - not to exceed two pages lisƟng professional arƟsƟc accomplishments, contact informaƟon, educaƟon or other relevant informaƟon, and current contact informaƟon for at least two references.

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

Include drawings, renderings, materials, and dimensions. Your proposal should indicate your locaƟon(s) of interest. (See installaƟon locaƟons.)

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

5. Sealed Fee Proposal - The Fee Proposal shall be submiƩed in a separate sealed envelope or PDF document marked “Arƞul Bench Program Fee Proposal”.

SELECTION PROCESS
Pursuant to SecƟons 4525-4529 of the Government Code of the State of California, the ArƟst selecƟon will be based on qualificaƟons. The City’s Public Art Advisory CommiƩee will review the proposals received by the deadline and make recommendaƟons to Brisbane City Council. The City of Brisbane reserves the right to reject any or all proposal(s), to waive technicaliƟes, and to accept whichever proposal(s) that may be in the best interest of the City, at its sole discreƟon.

GENERAL TERMS AND CONDITIONS

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

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

3. The issuance of this RFP and the acceptance of a proposal do not consƟtute an agreement by the City that any contract will actually be entered into by the City. The City expressly reserves the right to:
a. Reject any or all proposals.
b. Reissue an RFP.
c. Extend the Ɵme frame for submission of the proposals by noƟficaƟon to all parƟes who have registered an interest in this RFP with the City. d. Request more informaƟon from any or all applicants.
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e. Waive any immaterial defect or informality.
f. Decline to go forward with the RFP.
g. Reject any Subcontractor or Contractor proposed by the Proposer. h. The City expressly reserves the right not to award a contract under this RFP.

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

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

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

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

7. Applicants are responsible for reviewing all porƟons of this RFP. Applicants are to promptly noƟfy the City, in wriƟng, if they discover any ambiguity, discrepancy, omission or other error in the RFP. Any such noƟficaƟon should be directed to the City promptly aŌer discovery, but in no event later than five working days prior to the date for receipt of proposals.

ENCLOSURES
Enclosure A Sample Professional Services Agreement
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ENCLOSURE A

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AGREEMENT FOR THE DESIGN, FABRICATION, AND INSTALLATION OF

PUBLIC ART WORK

THIS AGREEMENT for the design, fabrication, and installation of Public Art Work is entered into this DATE, between the City of Brisbane (“City”), NAME (“Artist”), with offices at LOCATION.

WHEREAS, City requires the services of an artist to design, fabricate and install a work of art, namely a DESCRIPTION (“the Artwork”) on public property located LOCATION (“the Project Site”); and
WHEREAS, the Artwork shall include DESCRIPTION; and
WHEREAS, Artist is a professional artist whose work and qualifications make the Artist well qualified to create the Artwork; and
WHEREAS, Artist has developed a proposal to design, fabricate, and install the Artwork at the Project Site, as more particularly described in the Art Work Proposal submitted by the Artist pursuant to that certain proposal described in Exhibit A; and WHEREAS, the City’s Public Art Committee reviewed the Art Work Proposal and recommended to the City Council that it enter this Agreement; and WHEREAS, City has allocated funds from money it has received under its Public Art Ordinance for the design, fabrication, and installation of the Artwork at the Project Site; and WHEREAS, on DATE, the Brisbane City Council approved the recommendation of the Public Art Committee to select Artist and authorized this Agreement with Artist; and NOW, THEREFORE, in consideration of the above-stated premises and subject to the conditions of this Agreement, the parties agree as follows:

Article 1 Scope of Services

1.1 Artist’s Obligations
a. The Artist shall perform all services and furnish all supplies, material and/or work equipment as necessary for the design, fabrication, and installation of the Artwork. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. The Artist shall determine the artistic expression, design, dimensions and materials of the Artwork, subject to review and acceptance by the City and any regulatory agencies with project oversight, as set forth in this Agreement. c. The Artist shall prepare the design concept described in Section 1.3 of this Agreement.
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d. The Artist shall complete the fabrication, and installation of the Artwork by the scheduled dates as provided in Section 1.5 of this Agreement. e. The Artist shall secure any and all required licenses, permits and similar legal authorizations at the Artist’s expense as may be necessary for the installation of the Artwork at the Project Site.
f. The Artist shall arrange for the installation of the Artwork in coordination with the City. If the Artist does not install the Artwork itself, Artist shall supervise and approve the installation. Prior to the installation of the Artwork, Artist shall inspect the Project Site to ensure that it is ready to accept the Artwork and compliant with the specifications provided by the Artist. Artist shall notify the City of any perceived conflict, defect or non-compliance with specifications and resolve, at no expense to the City, all such conflicts, defects or non-compliance with the specifications before installing the Artwork. All work shall be performed by qualified professionals and by licensed contractors as required by law. g. Artist shall provide required insurance in amounts and limits specified in Article 5 and Exhibit C.
h. Artist shall provide a list of all subcontractors along with a copy of the agreement between the Artist and each subcontractor.
i. Artist shall provide a set of “as built” drawings if there is significant deviation from approved and permitted construction documents.
j. Artist shall provide a list of all final materials used including the manufacturer name and supplier and for each material, a Product Data Sheets (PDS), Technical Data Sheets (TDS), and Safety Data Sheets (SDS).
k. Artist shall provide a maintenance manual with the expected lifetime of the Artwork, a description of all materials, processes and products to be used for maintaining the Artwork, the required care and upkeep involved, and the recommended procedures in the event of necessary conservation intervention.

The maintenance plan is subject to review by a professional conservator. l. Artist shall provide photographic documentation of the Artwork in a format acceptable to Artist and the City.
m. Artist shall be available with reasonable advance notice for a reasonable number of meetings required to coordinate design and project implementation, ceremonies and the like, as necessary.
n. The Artist shall be responsible for researching whether there are any required permits, building and municipal code regulations, or any other policies, guidelines or approvals required by regulatory or oversight agencies that may impact the Artwork and/or the installation of the Artwork.
o. Consistent with plaque guidelines provided by the City, the Artist shall design and install a plaque on or near the Artwork containing a credit to the Artist and a copyright notice substantially in the following form: Copyright © [Artist’s name, date of publication]. The plaque design and installation plans must be approved by City staff prior to installation.

1.2 City’s Obligations
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a. The City shall perform all obligations in strict compliance with all terms and conditions in this Agreement.
b. The City shall not knowingly permit any use of the Artist’s name or misuse of the Artwork which would reflect discredit on the Artist’s reputation as an artist or which would violate the spirit of the Artwork, should such use or misuse be within the City’s control.

1.3 Final Design, Budget and Related Documents Phase
Artist shall submit to the City for its review the Final Design Documents as described in subsections a. and c. of this Section 1.3, and any revisions as required by the City. Once the City has approved the Final Design Documents, the Final Budget and Schedule of Deliverables, and the Artist has all required licenses, permits and similar legal authorizations for the installation of the Artwork at the Project Site, the Artist is authorized to proceed with the Fabrication Phase as described in Section 1.5. a. Final Design
Artist shall proceed with the Final Design Documents of the Artwork which shall include the following: presentation quality materials, which shall include colored drawings or computer-generated color images (in plan and elevation) and/or 3- dimensional models that accurately reflect the Artwork and how it will be installed at the Project Site, mock-ups, final color and materials samples, proposed fabrication methods, feasibility studies and final cost estimates at design completion. When used in reference to the proposed Artwork, Final Design Documents shall fix and describe the size and character of the Artwork with respect to its relationship to the Project Site, including architectural, structural, mechanical and electrical systems, materials and other elements as may be appropriate.
b. Construction Documents and Maintenance Plan
i. Artist shall, if Construction Drawings are required for construction and installation of the Artwork, submit Construction Documents to the City Permit Center for construction and/or installation of the proposed Artwork as approved, which must be signed and stamped by design professionals licensed in the State of California, as required by the California Building Code and any local government amendments to the Building Code.
ii. Artist shall deliver computer-generated (or otherwise as agreed to by both parties) color and material design samples.
iii. Artist shall review Architect’s Design Development and/or Construction Documents for accuracy of the integration of Artist’s Proposal within the Site and provide the City with written comments and/or corrections. iv. Artist shall provide a list of all proposed materials including the manufacturer name and supplier and for each material, a Product Data Sheets (PDS), Technical Data Sheets (TDS), and Safety Data Sheets (SDS). v. Artist shall provide a detailed description of future maintenance requirements for the Artwork, including the lifetime of the Artwork (“the Maintenance Plan”).
vi. City may appoint a conservator to review the Final Design Documents and the Maintenance Plan. Based on comments provided by the conservator, Artist may need to revise the Design and/or the Maintenance Plan. In addition, City may require the Artist to present the Design and/or the Maintenance Plan to a 66 J.

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qualified conservator for that conservator to provide to the City recommendations as to the Design and Maintenance Plan. Based on those recommendations, City may require the Artist to revise the Design and/or the Maintenance Plan.
c. Final Budget and Schedule of Deliverables
i. The Artist shall prepare a Budget, not to exceed AMOUNT, which shall include all goods, services and materials related to the Artwork, with such costs itemized.
ii. Budget shall mean a specific and detailed document identifying the cost of completion of all work under this Agreement, including all modifications.

The Budget shall include the costs for all design fees and costs; preliminary and final engineering requirements; materials and labor for fabrication, including Artist and subcontractors’ costs; consultants, including engineers and specifications writers; transportation of Artwork; installation of Artwork, including any necessary permits; permits and licenses; required insurance; any sales tax; and 10% contingency allowance, which contingency allowance may be used only with written permission of the City. Calculation of the Budget will take into consideration the possible inflation of service and material costs between the date of execution of this Agreement and the anticipated completion date. If the Artist incurs costs in excess of the amount in the approved Budget, including the contingency, the Artist shall pay such excess from the Artist’s own funds unless the Artist obtain approval in writing from the City for such additional costs or such costs were the result of actions or inaction of the City.
iii. The Artist shall notify the City of the anticipated schedule for the fabrication and installation of the Artwork, including a schedule for the submission of progress reports and inspections if any required by the City (“the Schedule of Deliverables”). The Schedule of Deliverables must identify a specific date or timeframe for the completion of the Artwork. The Schedule of Deliverables may be amended by written agreement.

1.4 Payment Schedule and Progress Reports
a. Artist’s completion milestones and payment schedule is as set forth in Exhibit B, Payment Schedule, which is incorporated herein by reference. b. The Artist shall inform the City of the progress of each phase of work completed under the Agreement.

1.5 Fabrication Phase
Following City’s approval of all Design Phase documents described in Section 1.3:
a. The Artist shall fabricate the Artwork in substantial conformity with the Final Design.

The Artist may not deviate from the approved design without written approval of the City.
b. If the Artwork is being constructed on site, the Artist shall avoid creating nuisance conditions arising out of the Artist’s operations.
c. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof upon reasonable notice.
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d. If the City, upon review of the Artwork, determines that the Artwork does not conform to the approved Final Design, the City reserves the right to notify the Artist in writing of the deficiencies and that the City intends to withhold the next budget installment within 5 business days of the determination as in paragraph (g) below. e. The Artist will have thirty days to cure the City’s objections and will notify the City in writing of completion of the cure. The City shall promptly review the Artwork, and upon approval shall release the next budget installment. If the Artist disputes the City’s determination that the Artwork does not conform, the Artist shall promptly submit reasons in writing to the City within 5 business days of the City’s prior notification to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in good faith. However, final determination as to whether the Artist has complied with the terms of this Agreement shall remain with the City. f. The Artist shall notify the City in writing when fabrication of the Artwork has been completed, and that the Artwork is ready for delivery and installation at the Project Site if the Artwork was fabricated off-site.
g. Prior to the installation of the Artwork, the City shall inspect the Artwork within 10 business days after receiving notification pursuant to paragraph (f) to determine that the Artwork conforms with the Final Design: give final approval of the fabricated Artwork and; authorize the installation of the Artwork at the Project Site. The City shall not unreasonably withhold final approval of the fabricated Artwork. In the event that the City does withhold final approval, the City shall submit the reasons for such disapproval in writing within 5 business days of examining the fabricated Artwork.

The Artist shall then have 30 days from the date of the City’s notice of the disapproval to make the necessary adjustments to the fabricated Artwork in accordance with such writing. The Artist shall not be penalized for any delay in the delivery and installation of the Artwork to the Project Site unless the Artist has willfully and substantially deviated from the Final Design without the prior approval of the City. The Artist shall then be held responsible for any expenses incurred in correcting such deviation.
h. The City shall promptly notify the Artist of any delays impacting installation of the Artwork. Any additional storage and insurance costs incurred by the Artist shall be borne by the City in the event that the delay is caused by the City. i. The Artist shall be required to inspect the Project Site prior to the installation of the Artwork and shall notify the City of any adverse Project Site conditions that will impact the installation of the Artwork and which are in need of correction. Failure to do so by the Artist shall be deemed as an acceptance of the Project Site conditions. j. The Artist shall take reasonable measures to protect or preserve the integrity of the Artwork with the application of a protective sealant, patina or anti-graffiti coating, if applicable, unless the City specifically disapproves of such.

1.6 Installation Phase
a. Upon the City’s final approval of the fabricated Artwork as being in conformity with the Final Design, the Artist shall install the completed Artwork to the Project Site in accordance with the schedule provided for in Section 1.3. b. The Artist will coordinate closely with the City to ascertain that the Project Site is prepared to receive the Artwork. Artist must notify the City of any adverse 68 J.

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conditions at the Project Site that would affect or impede the installation of the Artwork.
c. The Artist is responsible for timely installation of the Artwork. Artist may not install the Artwork until authorized to do so by the City. d. Artist shall install the artwork in compliance with all local, regional and national safety regulations such as OSHA. The installation site is to be protected for safety of the public and workers at all times.
e. The Artist shall be present to supervise the installation of the Artwork. f. Upon installation, the Artwork shall be deemed to be in the custody of the City for purposes of Article 3 and Article 5 of this Agreement.
g. Upon completion of the installation of the Artwork, the Artist shall provide the City with written instructions for the future maintenance and preservation of the Artwork.

1.7 Approval and Acceptance
a. The Artist shall notify the City in writing when all services as required by this Agreement prior to this paragraph have been completed in substantial conformity with the Final Design and contract documents.
b. The City shall promptly notify the Artist in writing of its final acceptance of the Artwork within 7 business days after the Artist submitted written notice pursuant to paragraph (a) above. The effective date of final acceptance shall be the date the City submits written notice to the Artist of its final acceptance of the Artwork.

The final acceptance shall be understood to mean that the City acknowledges completion of the Artwork in substantial conformity with the Final Design, and that the City confirms that all services as required by this Agreement prior to paragraph (c) of this section have been completed. Title to the Artwork to the City passes upon final acceptance of the Artwork and final payment by City to Artist.

If a regulatory agency must approve the completed artwork, the City should move promptly to gain such approval as it will be a precondition to the City’s ability to accept and approve the finished Artwork from the Artist. c. If the City disputes that all the services have been performed, the City shall notify the Artist in writing of those services the Artist has failed to perform within 7 business days after the Artist submitted written notice pursuant to paragraph (a) above. The Artist shall promptly perform those services indicated by the City. d. If the Artist disputes the City’s determination that not all services have been performed, the Artist shall submit reasons in writing to the City within 7 business days of the City’s prior notification to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in good faith. However, final determination as to whether all services have been performed shall remain with the City.
e. Upon the resolution of any disputes that arise under paragraphs (c) and (d) of this Section, the City shall notify the Artist of its final acceptance of the Artwork pursuant to paragraph (b).

Article 2. Terms of Agreement
a. Duration
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i. This Agreement shall be effective on the date that this contract has been signed by both parties, and, unless terminated earlier pursuant to such provisions in the Agreement, shall extend until final acceptance by the City under Section 1.7(b), or submission of final payment to the Artist by the City under Exhibit B, whichever is later. Extension of time of performance hereunder may be granted upon the request of one party and the consent of the other thereto, which consent shall not be unreasonably withheld. Such extension shall be in writing, signed by both parties, and attached to the schedule described in Section 1.3.
b. Force Majeure
i. The City shall grant to the Artist a reasonable extension of time in the event that conditions beyond the Artist’s control render timely performance of the Artist’s services impossible or unduly burdensome.

All such performance obligations shall be suspended for the duration of the condition. Both parties shall take all reasonable steps during the existence of the condition to assure performance of their contractual obligations when the condition no longer exists. Failure to fulfill contractual obligations due to conditions beyond either Party’s reasonable control will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of such conditions.

Article 3. Risk of Loss
The Artist shall bear the risk of loss or damage to the Artwork until the installation of the Artwork. The Artist shall take such measures as are reasonably necessary to protect the Artwork from loss or damage. The City shall bear the risk of loss or damage to the Artwork prior to final acceptance only if, during such time, the partially or wholly completed Artwork is in the custody, control or supervision of the City or its agent(s) for the purposes of performing services to the Artwork.

Article 4 Artist’s Representations and Warranties

4.1 Warranties of Title
The Artist represents and warrants that:
a. the Artwork is solely the result of the artistic effort of the Artist; b. except as otherwise disclosed in writing to the City, the Artwork is unique and original and does not infringe upon any copyright or the rights of any person; c. the Artwork (or duplicate thereof) has not been accepted for sale elsewhere; d. the Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Artwork or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; e. the Artwork is free and clear of any liens from any source whatsoever; f. all Artwork created by the Artist under this Agreement, whether created by the Artist alone or in collaboration with others shall be wholly original with the Artist and shall not infringe upon or violate the rights of any third party; g. the Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement;
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h. all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc. and with all necessary care, skill, and diligence;
i. these representations and warranties shall survive the termination or other extinction of this Agreement.

4.2 Warranties of Quality and Condition
a. The Artist represents and warrants that all work will be performed in accordance with professional “workmanlike” standards and free from defective or inferior materials and workmanship (including any defects consisting of “inherent vice,” or qualities that cause or accelerate deterioration of the Artwork) for 2 years after the date of final acceptance by the City under Section 1.7(b). b. The Artist represents and warrants that the Artwork and the materials used are not currently known to be harmful to public health and safety. c. The Artist represents and warrants that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance and preservation recommendations submitted by the Artist pursuant to Section 1.6(g).
d. If within one year the City observes any breach of warranty described in this Section 4.2, the Artist shall cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to the City. The City shall give notice to the Artist of such breach with reasonable promptness. However, if Artist did not disclose this risk of breach in the Proposal and Maintenance and Conservation manual, and if breach is not curable by Artist, the Artist is responsible for reimbursing the City for damages, expense and loss incurred by the City as a result of the breach of warranty. However, if the Artist disclosed the risk of this breach in the Proposal and maintenance and conservation manual and the City accepted that it may occur, as indicated by the written final acceptance of the artwork, it shall not be deemed a breach for purposes of this Section 4.2 of this Agreement.
e. If after one year the City observes any breach of warranty described in this Section 4.2 that is curable by the Artist, the City shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during the Artist’s lifetime.

The Artist shall have the right of first refusal to make or supervise repairs or restorations. Should the Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, the City may seek the services of a qualified restorative conservator and maintenance expert. f. The foregoing warranties are conditional and shall be voided by the failure of the City to maintain the Artwork in accordance with the Artist’s specifications and the applicable conservation standards. If the City fails to maintain the Artwork in good condition, the Artist, in addition to other rights or remedies the Artist may have in equity or at law, shall have the right to disown the Artwork as the Artist’s creation and request that all credits be removed from the Artwork and reproductions thereof until the Artwork’s condition is satisfactorily repaired.

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Article 5 Insurance

5.1 General
a. The Artist acknowledges that until installation of the Artwork under Section

1.6(e), any injury to property or persons caused by the Artist’s Artwork or any damage to, theft of, vandalism to, or acts of God affecting the Artist’s Artwork are the sole responsibility of the Artist, including, but not limited to, any loss occurring during the creation, storage, transportation or delivery of the Artist’s Artwork, regardless of where such loss occurs.
b. Terms for the procurement and duration of insurance are provided in Exhibit C. c. Required insurance policies are described in Exhibit C.

5.2 Indemnity
a. The Artist shall indemnify the City, its respective officers, agents, and employees, from any claims brought arising out of the breach of this Agreement or any negligent occurrence which occurs pursuant to the performance of this Agreement by the Artist, its subcontractors, agents or employees. b. The City shall indemnify the Artist, Artist’s subcontractors, agents or employees from any claims brought arising out of the breach of this Agreement or any negligent occurrence which occurs pursuant to the performance of this Agreement by the City, its respective officers, agents, and employees. c. Each Party shall immediately notify the other of any written claim regarding any matter resulting from or relating to the Party’s obligations under this Agreement.

Each Party shall cooperate, assist, and consult with the other in the defense or investigation of any such claim arising out of or relating to the performance of this Agreement.
d. The indemnification shall include reasonable attorneys’ fees and costs. e. This indemnification shall survive the termination or expiration of this Agreement.
f. Notwithstanding any provision of this Agreement to the contrary, no Party shall recover from a Party to this Agreement in an action, of whatever nature, in contract or tort, any consequential or incidental damages, lost profits, or any type of expectancy damages.

Article 6 Ownership and Intellectual Property Rights

6.1 Title
Title to the Artwork shall pass to the City upon the City’s written final acceptance and payment for the Artwork pursuant to Section 1.7(b) and Exhibit B.

6.2 Ownership of Documents
One set of presentation materials prepared by Artist and submitted to City under this Agreement shall be retained by the City.

6.3 Copyright Ownership
The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. §101 et seq., as the sole author of the Artwork for the duration of the copyright. 72 J.

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6.4 Reproduction Rights
a. In view of the intention that the final Artwork shall be unique, the Artist shall not make any additional exact duplicate [three]-dimensional reproductions of the final Artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City. However, nothing shall prevent the Artist from creating works in the Artist’s manner and style of artistic expression. b. The Artist grants to the City and its assignees an irrevocable license to make twodimensional reproduction of the Artwork for non-commercial purposes, including, but not limited to, reproductions used in brochures, media publicity, and exhibition catalogues or other similar publication provided that these rights are exercised in a tasteful and professional manner.
c. All reproductions by the City shall contain a credit to the Artist and a copyright notice in substantially the following form: © [Artist’s name, date of publication]. d. The Artist shall not reproduce nor replicate the Artwork without the City’s express written permission which the City in its sole discretion may give except for the use of photographs of the Artwork for purposes of the Artist’s resume, in which case the Artist must provide acknowledgment to the City in substantially the following form: “An original artwork owned and commissioned by the City of Brisbane.”
e. If the City wishes to make reproductions of the Artwork for commercial purposes including, but not limited to, tee shirts, post cards and posters, the Parties shall execute a separate agreement to address the terms of the license granted by the Artist and the royalty the Artist shall receive.

Article 7 Artist’s Rights

7.1 General
a. The Artist retains all rights under state and federal laws including §106A of the Copyright Act of 1976.
b. The City will not intentionally alter, modify, change, destroy or damage the Artwork without first obtaining permission from the Artist. The City shall take reasonable measures to avoid these from occurring from the gross negligence of the City, its representatives, or employees pursuant to the federal Visual Artists’ Rights Act.
c. If any alteration or damage to the Artwork occurs, the Artist shall have the right to disclaim authorship of the Artwork in addition to any remedies the Artist may have in law or equity under this Agreement. Upon written request, the City shall remove the identification plaque and all attributive references to the Artist at its own expense within 60 days of receipt of the notice. No provision of this Agreement shall obligate the City to alter or remove any such attributive reference printed or published prior to the City’s receipt of such notice. The Artist may take such other action as the Artist may choose in order to disavow the Artwork. d. Artist shall on an ongoing basis provide to the City the Artist’s contact information, such as address, email address, phone number, etc., City shall have no obligation other than to make reasonable efforts to notify the Artist. e. If the Artist is deceased or becomes mentally incapacitated, City shall make reasonable efforts to notify the Artist’s heirs, successors, assigns or conservator. 73 J.

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7.2 Alteration of Site or Removal of Artwork
a. Subject to paragraphs d and e of Section 7.1, the City shall notify the Artist in writing upon adoption of a plan of construction or alteration of the Project Site which would entail removal or relocation of the Artwork which might result in the Artwork being destroyed, distorted or modified. The Artist shall be granted the right of consultation regarding the removal or relocation of the Artwork. If the Artwork cannot be successfully removed or relocated as determined by the City, the Artist may disavow the Artwork.
b. The Artwork may be removed or relocated or destroyed by the City should the Artist and the City not reach mutual agreement on the removal or relocation of the Artwork after a period not to exceed [90] days after written notice to the Artist.

During the [90] day period, the parties shall engage in good faith negotiations concerning the Artwork’s removal or relocation.
c. In the event of changes in building codes or zoning laws or regulations that cause the Artwork to be in conflict with such codes, laws or regulations, the City may authorize the removal or relocation of the Artwork without the Artist’s prior permission. In the alternative, the City may commission the Artist by a separate agreement to make any necessary changes to the Artwork to render it in conformity with such codes, laws or regulations.
d. If the City reasonably determines that the Artwork presents an imminent hazard to the public, other than as a result of the City’s failure to maintain the Artwork as required under this Agreement, the City may authorize the removal of the Artwork without the prior approval of the Artist.
e. This clause is intended to replace and substitute for the rights of the Artist under the Visual Artists’ Rights Act to the extent that any portion of this Agreement is in direct conflict with those rights. The Parties acknowledge that this Agreement supersedes that law to the extent that this Agreement is in direct conflict therewith.

Article 8 Artist as an Independent Contractor
The Artist shall perform all work under this Agreement as an independent contractor and not as an employee of the City. The Artist acknowledges and agrees that the Artist shall not hold itself out as an authorized agent of the City with the power to bind in any manner.

The Artist shall provide the City with the Artist’s Tax Identification number and any proof of such number as requested by the City. The Artist shall provide the City with a copy of the Artist’s City business license.

Article 9 Assignment of Artwork
The work and services required of the Artist are personal and shall not be assigned, sublet or transferred. Any attempt by the Artist to assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect unless prior written consent is given by the City. The City shall have the right to assign or transfer any and all of the City’s rights and obligations under this Agreement, subject to the Artist’s consent, if ownership of the Project Site is transferred; if the Artist refuses to give consent, this Agreement shall terminate. 74 J.

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Article 10 Termination
a. Either Party may terminate this Agreement without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such Party’s reasonable control such as, but not limited to, acts of nature; war or warlike operation; superior governmental regulation or control; public emergence; or strike or other labor disturbances. Notice of termination of this Agreement shall be given to the non-terminating party in writing not less than 30 days prior to the effective date of termination.
b. The City may terminate this Agreement without cause upon [60] days written notice to the Artist. The City shall pay the Artist for services performed and commitments made prior to the date of the termination, consistent with the schedule of payments set forth in Exhibit B of this Agreement. The Artist shall have the right to an equitable adjustment in the fee for services performed and expenses incurred beyond those for which the Artist has been compensated to date under Exhibit B with allowance for documented lost opportunities, unless the parties come to a settlement otherwise. The Artist shall retain possession and title to the studies, drawing, designs, maquettes, and models already prepared and submitted or prepared for submission to the City by the Artist under this Agreement prior to the date of termination.
c. If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have 30 days after the effective date of the notice to cure the default. If it is not cured by that time, this Agreement shall terminate. d. If the Artist defaults for cause other than death or incapacitation, the Artist shall return to the City all funds provided by the City in excess of the expenses already incurred. The Artist shall provide an accounting of these expenses. All finished and unfinished drawings, sketches, photographs and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall be retained by the Artist.
e. Upon notice of termination, the Artist and the Artist’s subcontractors shall cease all services affected.

Article 11 Death or Incapacity
a. If the Artist becomes unable to complete this Agreement due to death or incapacity, such death or incapacity will not be deemed a breach of this Agreement or a default on the part of the Artist for purposes of Article 10. b. In the event of incapacity, the Artist’s conservator shall assign the Artist’s obligations and services under this contract to another artist provided that the City approves of the new artist and so agrees in writing. If the City does not agree, the City may elect to terminate this Agreement. The Artist shall retain all rights under Article 6 and Article 7. The Artwork and any reproductions thereof shall contain a 75 J.

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credit to the Artist and a copyright notice in substantially the following form: © [Artist’s name, date of publication].
c. In the event of death, this Agreement shall terminate effective the date of death.

The Artist’s heirs shall retain rights under Article 6 and Article 7.

Article 12 Notices and Documents
Notices under this Agreement shall be delivered personally or through the [registered or certified mail, return receipt requested] mail, postage prepaid, to the addresses stated below, or to any other address as may be noticed by a Party:

For the City:

City Manager
City of Brisbane
50 Park Place
Brisbane, CA 94005
For the Artist:

NAME

ADDRESS
Notice shall be deemed effective on the date personally delivered or, if mailed, [three (3) days] after the postmarked date.

Article 13 Waiver
The Parties agree that a waiver of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition.

Article 14 Conflict of Interest
The Artist and Owner shall avoid all conflicts of interest or appearance of conflicts of interest in the performance of this Agreement.

Article 15 Amendments
No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by both Parties.

Article 16 Conflict with the Law
If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall be held by a court of competent jurisdiction or arbitration panel to be in conflict with the laws, rules and/or regulations of the United States or the State of California, invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby 76 J.

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to the extent the remainder of the terms, covenants, conditions or provisions of this Agreement are capable of execution.

Article 17 Choice of Law
This contract shall be governed by the laws of the State of California both as to interpretation and performance and any legal action shall be filed in San Mateo County, California.

Article 18 Entire Agreement
This Agreement, including the exhibits, comprises all of the covenants, promises, agreements and conditions between the Parties. No verbal agreements or conversation between the Parties prior to the execution of this Agreement shall affect or modify any of the terms or obligation.

ARTIST NAME

CITY OF BRISBANE
A Municipal Corporation

Jeremy Dennis, City Manager
Approved as to form
Michael Roush, Legal Counsel

APPROVED AS TO FORM
Michael Roush
City Attorney
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File Attachments for Item:

K. Receive an Update on Bond Rating
78 Bond Rating Update

CITY COUNCIL AGENDA REPORT
Meeting Date: November 6, 2025
From: Jeremy Dennis, City Manager, and Carolina Yuen, Finance Director
Subject: Bond Rating Update
Recommendation
Staff recommends Council review and accepts the Bond Rating Update.

Background
The City periodically issues bonds to fund major infrastructure projects, capital acquisitions or to refinance existing debt. Obtaining a bond rating helps determine interest rates and marketability for the bonds as a bond rating is an independent assessment of a bond issuer’s creditworthiness.

Investors often rely on credit ratings to assess the risk associated with a debt instrument. A favorable rating can boost investor confidence, potentially leading to a larger pool of interested investors and better terms for the debt issuance. The rating process involves a thorough analysis of the issuer’s financial health and fiscal sustainability. This transparency can be beneficial for both the issuer and investors, as it provides a clear picture of the risks and opportunities associated with the debt issuance, including helping investors gauge the risk of default. Ratings range from high-grade (e.g., AAA) to speculative (e.g., B or lower). If S&P withdraws a rating, it means the bond is no longer rated,
The City issued bonds in 2015 for Utility-related capital improvements and in 2014 to refinance debt issued in 2005 for the City Hall Renovation and Expansion Project. The City elected to use Standard and Poor’s Global Ratings (S&P) as one of the most recognized and respected credit rating agencies in the world. A rating from S&P can enhance the credibility of the debt issuance, making it more attractive to potential investors.

Requirements of issuing bonds include continuing annual disclosure of compliance requirements per the bond documents and publishing annual audited financial statements. S&P and investors use the audited financials to review the City’s and Utility’s financial condition.

In September 2025, S&P notified the City that the bond ratings would be removed for the 2015 Utility bond as well as for the City’s 2014 general bond as a result of financial statements not being available for fiscal year 2023. The City would have to apply to have the bond ratings reinstated after financial statements became available for fiscal years 2023 and 2024. The 79 K.

Bond Rating Update
withdrawal of the bond rating limits the City’s funding options as issuing bonds would be prohibitive until the rating can be reestablished.

Discussion
Unaudited financial statements for 2023 and 2024 have been filed with S&P and other bond agencies to comply with the reporting requirements as scheduled. However, the City must follow up with audited financials for S&P to consider them as timely. S&P and our other debt holding financial institutions have accepted our timelines and explanations for the delay.

Although the City had been meeting regularly with S&P to review results and projections, S&P’s internal policy requires audited financial statements to be issued within 24 months of fiscal year end to be considered “timely.” S&P could no longer extend our deadline and still comply with their policy, and therefore officially withdrew our bond ratings due to the absence of audited financial statements for fiscal year 2023. This action followed a prior CreditWatch placement for the 2015 Utility Bond in May 2025. The City had been meeting with S&P to review the financial condition of the Utility operations and working with the auditors to help meet the timeline and complete and issue the financial statements. However, there were additional obstacles that delayed the release of the financials.

The implications of a withdrawn rating are:
• Market Access: The City cannot issue new bonds until ratings are reinstated. • Investor Confidence: Some institutional investors may be restricted from holding unrated debt.
• Reputational Risk: The withdrawal may raise concerns about fiscal transparency and governance. However, losing a rating appears not to be uncommon as other cities have also found themselves in this similar situation for a variety of reasons, especially after COVID. Therefore, staff is confident that once the audited financials are issued, the City will be able to have the bond rating reinstated.

There were a variety of reasons for the delay in finalizing the audited financials for fiscal year 2023, but following are the primary root causes:
• Budget software issues - The budget tool used for fiscal year 2023 had limitations including, (a) the software was updated annually with significant functional changes, (b) the tool was found not to be as compatible with the City’s needs, (c) generating reports from the tool required manual processes, and (d) limited access to vendor support staffing. The challenges encountered ultimately resulted in manual intervention to rebuild chart of accounts and labor costing detail to integrate budget data to the accounting system which is a required step to complete the audit and issue the financial statements.
• Staffing constraints – There were significant staffing changes commencing with the retirement of the Assistant City Manager in December 2022, expected and 80 K.

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unanticipated staffing changes within the Finance and City Manager Departments, and personal leaves.
• Operational conflicts - there were unanticipated additional projects outside of day-today operations requiring significant time from Finance Department resources including the implementation of the Land Permitting and Marina software applications, the FEMA grant application related to the 2022/23 storms and the 2023 bond issuance. The Finance Department’s operations are demanding and continually interactive with all departments and external customers with frequent deadlines. Additional projects can add strain to the department’s resources.
• Scheduling - Auditor delays and coordination challenges due to City-staff and Audit-staff vacations and running into the audit “busy” season.

The following steps are being implemented to restore the City’s bond rating and prevent a recurrence of this issue:
• Audit Completion: FY23 financials are in final draft and expected in November. Once the 2023 financials are issued, the auditors can reconvene to complete reviews of the FY24 records which already started with their interim field. • Engagement with S&P: Ongoing dialogue with analysts to keep them informed and prepare for re-evaluation. The City will request reinstatement of ratings no later than Q1-2026.
• Technology: A change in budget software was made in 2025 to automate the budget process going forward, limiting manual spreadsheets which promotes a simplified data integration with the accounting system
• Staffing: Improvements in audit readiness by expanding cross-training and refining Finance Department position responsibilities.
• Transparency: continued updates with City management and City Council to review progress.

While this rating withdrawal is a setback, it is also an opportunity to strengthen our financial reporting processes. We are committed to full transparency and to restoring the City’s credit standing as swiftly as possible.

Fiscal Impact
The City will need to release the audited financial statements in order to borrow again. __________________________________ ___________________________________ Carolina Yuen, Finance Director Jeremy Dennis, City Manager 81 K.

File Attachments for Item:

L. Consider Submitting the Quarry Road Recreational Trail Project for a Priority Conservation Area Grant
82 CITY COUNCIL AGENDA REPORT
Meeting Date: November 6, 2025
From: Christina Fernandez, Assistant City Manager
Subject: Priority Conservation Area Grant (PCA)
Recommendation
Staff recommend submitting the Quarry Road Recreational Trail Project for a Priority Conservation Area (PCA) grant, as advised by the Open Space and Ecology (OSEC) Committee.

Background
Priority Conservation Areas (PCAs) are spaces that provide environmental and recreational benefits in the Bay Area. PCAs are identified and nominated through a process designated by the Association of Bay Area Governments (ABAG). PCA designations support the goals of Plan Bay Area 2050, the adopted long range regional plan for housing, economy, transportation, and the environment.

The PCA Grant Program is funded by the One Bay Area Grant Program and administered by the San Francisco Estuary Partnership. The PCA grant program began in 2013 and has funded over $38 million to protect and enhance the region’s natural and agricultural lands, improve outdoor access and urban greening, and build regional climate resiliency.

Last year, City staff worked with OSEC’s PCA Subcommittee to apply for the acquisition of Lot 96 in the Brisbane Acres. Unfortunately, the application was unsuccessful. Despite this, the City was able to acquire Lot 96 earlier this year.

Discussion
Staff learned that 2025-2026 Call for Proposals would be released on October 30, 2025. In anticipation of this, the OSEC PCA Subcommittee met on September 29, 2025 to discuss potential projects. The City’s grant writers attended the subcommittee to provide guidance and subsequently provided a matrix with sample criterion from which to evaluate the potential projects. (Attachment 1)
The PCA grant program priorities include:

1. Open Space / Habitat Protection: preserves natural lands, biodiversity, endangered species.

2. Climate Adaption/Resilience: wildfire recovery, flooding/stormwater, erosion/landslide prevention.

3. Access & Connectivity: trails, safe routes, recreation, equitable access.

4. Urban Greening/Community Benefit: nature-based solutions in/near developed areas. 1 83
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5. Regional Significance: aligns with Plan Bay Area 2050 - regional benefits. Multi-county projects are allowed and encouraged. “Projects should serve a greater than-local need.”

6. Accurate and verified geographic boundaries.

With these priorities in mind, the PCA Subcommittee discussed four projects in-depth to determine how competitive each project would be for funding. The four projects are:
• Quarry Road Recreational Trail Project
The Quarry Road Recreational Trail Project (Quarry Road Trail) would provide a safe route to school and focus on including easier bicycle access. It connects to Crocker Trail and provides access to nearby transit and shuttle stops. The Quarry Road Trail provides a walking route connecting Central Brisbane to Crocker Industrial Park and the Northeast Ridge. It also provides trail access by connecting with Army Road and leads to Buckeye and Owl Canyon trailheads. See Attachment 2 for a map of City owned property at Quarry Road.

The Quarry Road Recreational Trail Project addresses water drainage, flooding, and stormwater issues. It also would include planting of natives and addressing dying Monterey pine trees. The project would retain roadways for emergency access to the mountain and the school and would assist with erosion control. The Quarry Road Recreational Trail project would protect the wildland-urban interface. It would also include adding benches to make paths age friendly. The proposals full scope of work would be produced in collaboration with the City’s Department of Public Works, Community Development, and Parks & Recreation. • Acres Lot 96 above Firth Canyon
Lot 96 was recently acquired by the City and is in Firth Canyon above Firth Park and the San Bruno Mountain Firth Canyon Trailhead. The canyon washed out in 2023 and 1982, destroying properties. This project would build retaining walls and add vegetation for erosion control. It would also assist with trail improvements.
• Native Seed Bank
Grant funds would be used to create a Native Seed bank Program in partnership with Mission Blue Nursery and San Bruno Mountain Watch. The Seed Bank would host endangered seed species and would provide seeds regionally beyond Brisbane and San Bruno Mountain. The project aligns climate resilience, biodiversity, and wildfire recovery. • Peking Handicraft Property Acquisition
The Peking Handicraft Property provides trail access to San Bruno Mountain State & County Park from public transit, assists with erosion control, protects wildland-urban interface, and provides a flyway and habitat for endangered Callippe Silverspot butterflies. Grant funds would be used to acquire and conserve the property.
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More details on each project may be found in Attachment 1. The Subcommittee recognized that the Quarry Road Project is likely the most competitive of the four projects, but recommended Staff bring all projects to the full OSEC Commission for discussion. On October 22, 2025, the OSEC Committee agreed with the Subcommittee’s recommendation and advises that Council submit the Quarry Road Project for the Priority Conservation Area (PCA) grant program.

If approved, Staff will continue to work with our grant writers in consultation with the City’s grant writers to submit a Letter of Interest by the December 19, 2025 deadline and the full application package by the deadline of March 20, 2026.

Fiscal Impact
There is no match requirement, however, Staff time and resources will be utilized in pursuit of this grant.

Attachments

1. PCA Grant Summary and Projects

2. Map of Quarry Road Trail
___________________________________ ___________________________________ Christina Fernandez, Assistant City Manager Jeremy Dennis, City Manager 3 85
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Attachment 1 – PCA Grant Summary Projects & Criterion
PCA Grant Program Summary
● The Priority Conservation Area (PCA) Grant Program is an MTC/ABAG initiative (in collaboration with the State Coastal Conservancy) and is administered by the San Francisco Estuary Partnership. It’s funded through the One Bay Area Grant (OBAG) program to protect, restore, and enhance open space/ag lands, improve outdoor access and urban greening, and build regional climate resilience within designated Priority Conservation Areas.
● What are PCAs? Regionally significant places designated by ABAG (nominated locally) for conservation and recreation benefits: natural habitats, farms/rangelands, recreation areas, urban green spaces, and locations that help fight climate change. PCA designation supports Plan Bay Area 2050 goals.
● PCA 2024 Guidelines
● Eligible project types (examples):
○ Protection of natural resources/open space or agricultural lands ○ Habitat restoration/enhancement
○ Trail, pedestrian & bicycle access improvements
○ Urban greening & stormwater improvements
○ Visual enhancements (2024 cycle)
● How it’s evaluated (recent cycles):
○ Alignment with PCA goals
○ Regional significance
○ Multiple benefits
○ Partnerships/Equity & Performance Committee (EPC) benefits ○ Likelihood of success
PCA Grant Program Priorities (one or more)

1. Open Space / Habitat Protection: preserves natural lands, biodiversity, endangered species.

2. Climate Adaption/Resilience: wildfire recovery, flooding/stormwater, erosion/landslide prevention.

3. Access & Connectivity: trails, safe routes, recreation, equitable access.

4. Urban Greening/Community Benefit: nature-based solutions in/near developed areas.

5. Regional Significance: aligns with Plan Bay Area 2050 - regional benefits. Multi-county projects are allowed and encouraged. “Projects should serve a greater than-local need”.

6. Accurate and verified geographic boundaries
Projects for Consideration

1. Quarry Road Project
● Safe route to school focus
● Addresses water drainage, flooding, and stormwater issues. 4 86
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● Planting natives, addressing dying Monterey pine trees. ● Connects to trail + shuttle stop nearby.
● Retention of roadway for emergency access to mountain and school.

2. Lot 96
● Washed out Canyon.
● Likely tied to erosion/flood prevention and land stability. ● Conservation + hazard mitigation potential.

3. Seed Bank (Fire Restoration)
● Fire restoration tactic; supports all 9 Bay Area counties. ● Many seeds are endangered species.
● Regional impact beyond Brisbane.
● Aligns with climate resilience, biodiversity, and wildfire recovery.

4. Peking Handicraft Acquisition
● Involves purchase of property (conservation acquisition). ● Holds back significant landslide potential; erosion control. ● Canyon site with one of the oldest trees in the county. ● Trail access - already a popular recreational area.
● Protects wildland–urban interface.
● Re-vegetation with more resilient plants to reduce erosion. ● History of landslides and flooding.

Example PCA Project Scoring Criterion
Criterion Description Points
PCA Alignment How well does the project advance PCA priorities (open space, climate resilience, equitable access,
urban greening, regional significance)?
0-10
Partnerships OR
Equity Priority
Community
Benefits
The extent to which the proposal describes
EITHER the project’s partnership activities OR
its potential benefits for Equity Priority
Communities (EPCs).
0-5
Urgency / Threat Is there an immediate need (e.g., acquisition window, hazard risk, failing infrastructure, safety
issue)?
0-5
Regional &
Community
Does it benefit only Brisbane or also the wider Bay
Area? Does it improve access, equity, or recreation
for the community?
0-5
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Impact/ Multiple
Benefits
Feasibility /
Readiness/
Sustainability
How realistic is implementation (land ownership,
permits, partners, timing)? Can we demonstrate
this project will be maintained and sustained into
the future?
0-5
Total 0-30
Example PCA Project Scoring Matrix
Project PCA
Alignment
(0–10)
Partnerships
(0-5)
Urgenc
y (0–5)
Regional/
Communit
y Impact
(0–5)
Feasibility &
Sustainability
(0–5)
Total
(0–
30)
Quarry
Road
Lot 96
Seed Bank
Peking
Handicraft
Acquisition
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Attachment 2 - Quarry Road Trail
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File Attachments for Item:

N. City Council Meeting Schedule and Interviews for Commission/Committee Recruitment 90 COUNCIL MEETING SCHEDULE 2025
(Subject to change)
All Meetings Begin at 6:30 PM on Thursdays unless otherwise noted November 20, 2025 Closed Session at 6pm & Regular Session December 4, 2025 Regular Session Plus Special meeting for Reorg Discussion December 11, 2025 Special Meeting for Reorganization
December 18, 2025 Cancelled
COUNCIL MEETING SCHEDULE 2026
(Subject to change)
All Meetings Begin at 6:30 PM on Thursdays unless otherwise noted January 1, 2026 Cancelled
January 15, 2026
February 5, 2026
February 19, 2026
March 5, 2026
March 19, 2026
April 2, 2026
April 16, 2026
May 7, 2026
May 21, 2026
June 4, 2026
June 18, 2026
July 2, 2026 Cancelled
July 16, 2026
91 N.

File Attachments for Item:

O. Countywide Assignments and Subcommittee Reports
i. Report Out on Subcommittee Meetings
ii. Upcoming Subcommittee Meetings
iii. Housing Subcommittee Temporary Alternate Selection – Conflict of Interest Issue regarding review of Visitacion Gardens Management RFP
92 CITY of BRISBANE
Council Subcommittee Update
From October 11th, 2025, to October 31st, 2025

1. Report Out on Subcommittees/Committees
A. Public Art Advisory Committee 10/20 Davis, O’Connell The committee received an update from Site & Studio Conservation LLC regarding the preservation of the Midtown Market mural. Due to continuous condensation and heat well above 80 degrees consistently, the protective coating is failing. The mural itself is not damaged, but it does need the protective barrier redone. The conservationists discussed new products that are emerging that may be able to withstand the mural’s environmental challenges. The committee has asked them to proceed with test areas of the new product if it does not exceed $1,000. For more detail on the conservationists’ research, please view their presentation at the meeting link below.

Next Steps #1: Staff will work closely with the conservationists on their progress and authorize approval to move forward if below $1,000.

Staff then asked the committee how they would like to commemorate the Alvarado Street to San Benito Stairway Project once it is complete. The committee agreed that they would like a ribbon cutting event and some type of plaque commemorating the project. They are interested in feedback from the artists whether the plaque should be integrated into the project or be a standalone.

Public comment was received from Pete McGurty regarding this project where he expressed his frustration with the project’s completion timeline.

Next Steps #2: Staff will move their meeting up with the contractor, public works and artists to discuss the timeline and will follow up with Mr. McGurty.

The committee reviewed the final draft of the Firth Park Request for Qualifications (RFQ) and the preliminary final draft of the Artful Bench Program Request for Proposal (RFP). Both projects were approved to go to Council for review. The committee discussed that it would be best if the Artful Bench Program RFP be prioritized and move forward to Council prior to the Firth Park RFQ.

Next Steps #3: Staff will bring the Artful Bench Program RFP to Council in the Fall and the Firth Park RFQ to Council in the Spring.

To view the meeting, please visit:
https://www.brisbaneca.org/bc-artadvisory/meeting/public-art-advisory-committee-meeting-24 93 O.

B. Communications Subcommittee 10/29 Kern, Mackin
The Communications Subcommittee discussed using existing website analytics to do a 6-month trend analysis. This will further inform design of the City’s new website, which is expected to launch in January 2026. Prior to that, staff along with Councilmember Kern will host a “bug bash” with interested residents to help ensure a successful launch. Councilmember Mackin will continue to work with Communications staff on the layout of the newly-expanded STAR newsletter.

To view the meeting agenda, please visit:
https://www.brisbaneca.org/citycouncil/meeting/communications-outreach-engagementsubcommittee-1 C. Economic Vitality Subcommittee 10/30 Kern, Lentz
Prologis met with the subcommittee to reintroduce themselves and reaffirm their commitment to Brisbane. The discussion focused on why Brisbane remains a strategic location for their operations, their plans to enhance the eleven facilities recently acquired in Crocker Industrial Park, the types of tenants they aim to attract, and the collaborative partnership they hope to build with the City to support economic development and community goals.

Next Steps #1: The subcommittee would like to meet with Prologis in the near future as well as have them attend a Council meeting.

Next Steps #2: City staff will connect Prologis with relevant departments to explore sustainability opportunities to align facility improvements with Brisbane’s environmental goals, and to identify future City activities where collaboration would be mutually beneficial.

To view the meeting agenda, please visit:
https://www.brisbaneca.org/citycouncil/meeting/economic-vitality-subcommittee

2. Upcoming Subcommittees:

Public Art Advisory Committee 11/17 Davis, O’Connell
Liaison to P&R Commission Subcommittee TBD Davis, Kern
Sea Level Rise Subcommittee TBD Kern, Mackin
Emergency Preparation Subcommittee TBD Davis, Kern
Housing Subcommittee TBD Davis, Lentz

3. Proposed Subcommittees:

Does any councilmember wish to propose any items for a subcommittee to discuss? 94 O.

Brisbane City CouncilNovember 6, 2025

Brisbane City Council
November 6, 2025