Agenda packet — Brisbane City Council, May 21, 2026 (part 1 of 5)

-1-
City of Brisbane
City Council Meeting Agenda
Thursday, May 21, 2026 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 by 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, preferably before the start of the meeting. Speakers are not required to submit their name or address.

Remote Participation:

Members of the public may observe/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 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.

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.

Page 1 of 752 ends

May 21, 2026 -2- 6:30 PM
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).

Call to Order – Pledge of Allegiance
Roll Call
A. Remote Attendance Under the Just Cause Provisions of the Brown Act Adoption of Agenda
Awards and Presentations
B. Proclamation to Honor the Retirement of Bill Del Chiaro of Brisbane Hardware C. 101 Corridor Connect Presentation
Oral Communications No. 1
Consent Calendar
D. Proclaiming May 2026 as Mental Health Month
E. Proclaiming May 17-23, 2026 as National Public Works Week F. Approve Minutes of City Council Meeting of April 16, 2026 G. Approve Minutes of City Council Closed Session Meeting of April 20, 2026 H. Approve Minutes of City Council Special Meeting of April 21, 2026 I. Approve Minutes of City Council Closed Session Meeting of April 27, 2026 J. Approve Minutes of City Council Closed Session Meeting of May 4, 2026 K. Approve Minutes of City Council Closed Session Meeting of May 7, 2026 L. Approve Minutes of Joint City Council, Housing Authority & GVMID Meeting of May 7, 2026 M. Approve Cosponsorship of Sierra Point Yacht Club’s Regatta Day N. Approve Cosponsorship of San Bruno Mountain Watch’s "Meet the Mountain" Festival O. Approve Cosponsorship of Excelsior Running Club’s Half Marathon & 5K Race P. Receive Update on Solid Waste Collection Rate Adjustment-South San Francisco Scavenger Company

Page 2 of 752 ends

May 21, 2026 -3- 6:30 PM
Q. Receive an Update on Solid Waste Collection Rate Adjustment-Recology R. Award artist contracts for the Artful Bench Program
S. Approve Emergency Services Council Fiscal Year 2026–27 JPA Budget New Business
T. Proposal from HEART for the Ground Lease and Acquisition of the Visitacion Garden Senior Apartments; Termination of the Brisbane Housing Authority’s Ground Lease and Related Documents with BRIDGE Housing Corporation and Brisbane Senior Housing, Inc.

U. Presentation on Public Tree Inventory and Consider Adoption of Citywide Canopy Goal V. Master Fee Study Results and Preliminary Master Fee Schedule Staff Reports
W. City Manager’s Report- City Updates and Upcoming Activities Mayor and Council Matters
X. Future Agenda Items
Y. Countywide Assignments and Subcommittee Report
i. Parkside 2 Ad Hoc Subcommittee Update
ii. Report Out on Subcommittee Meetings
iii. Upcoming Subcommittee Meetings
Z. Written Communications
Oral Communications No. 2
Adjournment

Page 3 of 752 ends

Whereas, each May, the City of Brisbane joins the San
Mateo County, the state and nation in celebrating Mental Health Month; and
Whereas, this month is an opportunity to increase
awareness and reduce stigma by inspiring action and
sparking meaningful conversation around mental health
and substance use conditions; and
Whereas, Mental Health Is Ours — the theme for 2026 —
highlights that mental health belongs to all of us. It is shaped by families, communities, relationships, culture, and lived experience. This theme invites everyone to take
ownership of their well-being; while also recognizing the shared responsibility we have to support one another; and Now, therefore, be it resolved that the City of Brisbane hereby recognizes May 2026 as Mental Health Month in the City of Brisbane to enhance public awareness of mental
health to help end the stigma and direct members of the community to resources and support for mental health and substance use conditions.

DATED this 21ST day of May 2026.

City of Brisbane

PROCLAMATION

MENTAL HEALTH MONTH
MAY 2026
Coleen Mackin, Mayor

Page 4 of 752 ends

WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to public health, high quality of life, and well-being of the people of Brisbane; and
WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders, and children in Brisbane to gain knowledge of and maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and,
WHEREAS, the year 2026 marks the 66th annual National Public Works Week sponsored by the American Public Works Association, be it now,
RESOLVED, I, Coleen Mackin, Mayor of the City of Brisbane, do hereby designate the week of May 17–23, 2026, as National Public Works Week. I urge all to pay tribute to our public works professionals, engineers, managers, and employees, and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all.

DATED this 21ST day of May 2026.

City of Brisbane

PROCLAMATION
National Public Works Week Proclamation
May 17–23, 2026
“Rooted in Service, Powered by Community”
Coleen Mackin, Mayor

Page 5 of 752 ends

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING AGENDA
THURSDAY, APRIL 16, 2026
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
6:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Mackin called the meeting to order at 6:33 P.M. and led the Pledge of Allegiance.

ROLL CALL
A. Remote Attendance Under the Just Cause Provisions of the Brown Act No Councilmembers attended the meeting remotely.

Councilmembers Present: Councilmembers Davis, Kern, Lentz, O’Connell and Mayor Mackin Councilmembers Absent: None
Staff Present: City Manager Dennis, City Clerk Padilla, Legal Counsel Roush, Assistant City Manager Fernandez, Finance Director Yuen, Parks and Recreation Director Leek, Economic Vitality Director Bull, Management Analyst Brown, and Admin Management Analyst Ibarra

REPORT OUT OF CLOSED SESSION
Legal Counsel Roush reported out of the Closed Session Meetings of April 13 and April 16, 2026. She reported that Council gave direction to staff regarding and Council action was taken. She also reported out of the Housing Authority Closed Session of April 16, 2026 and no Housing Authority Board action was taken.

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

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

Absent: None

Page 6 of 752 ends

City Council Meeting Minutes
April 16, 2026

Page 2 ends

Abstain: None

AWARDS AND PRESENTATIONS
B. Peninsula Clean Energy/WestLight Energy Presentation Marc Hershman, Director of Government Affairs of Peninsula Clean Energy, presented on the achievements of Peninsula Clean Energy. Adding tonight they are requesting the Council to consider approval of the Joint Powers Agreement amendment that reflects their new name WestLight Energy.

After some Council questions, Council thanked Mr. Hershman for his presentation.

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

CONSENT CALENDAR
C. Approve Minutes of City Council Meeting of March 19, 2026 D. Approve Minutes of City Council Special Meeting of March 21, 2026 E. Approve Minutes of City Council Closed Session Meeting of March 23, 2026 F. Approve Minutes of City Council Closed Session of April 2, 2026 G. Adopt a Resolution Approving Amendment to the Peninsula Clean Energy Joint Powers Authority Agreement Reflecting the Name Change of Peninsula Clean Energy Authority to WestLight Energy H. Adopt a Resolution Establishing the Business License Tax Charged to Kinder Morgan for Calendar Year 2026
Councilmember Lentz made a motion, seconded by Councilmember O’Connell, to approve Consent Calendar Items C-H. The motion was passed unanimously by all present.

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

Absent: None
Abstain: None

NEW BUSINESS
I. Consider Approval of Legal Services Agreement with Burke, Williams & Sorensen and Appointment of Samantha Zutler as City Attorney

Page 7 of 752 ends

City Council Meeting Minutes
April 16, 2026

Page 3 ends

City Manager Dennis reported that he is available should the Council have any further questions about the legal services agreement with Burke, Williams, and Sorensen and appointment of Samantha Zutler.

After some council questions and no public comment, Councilmember Kern thanked the search committee for their work. Councilmember Kern made a motion, seconded by Councilmember Davis, to approve the legal services agreement with Burke, Williams, and Sorenson and appoint Samantha Zutler as City Attorney. The motion was passed unanimously by all present.

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

Absent: None
Abstain: None
J. Open Space and Ecology 2025 Accomplishments & 2026 Work Plan Management Analyst Brown introduced Anthony Walker, Chair of the Open Space and Ecology Committee (OSEC) and Mary Rogers, Vice-Chair of OSEC. Mr. Walker and Ms. Rogers presented on OSEC’s 2025 Accomplishments and Work Plan for 2026. After some council question, and no public comment, Councilmembers thanked members for their service and especially for their work reviewing the Baylands Draft Environmental Impact Report.

K. Consider Adoption of Fiscal Year 2026-2027 Council Priorities City Manager Dennis reported that based on the Council’s conversation on March 21st, five clear priorities emerged:
• Implementation of the City’s Affordable Housing Strategic Plan and plan for expenditure of affordable housing funds held by the City
• Repair and update of Mission Blue, and activation of the Community Center so the entire building can be utilized by residents
• Examine the future of the City’s retail corridor, consisting of businesses along Old County Road and Visitacion Avenue
• Continue with last year’s priority committing to maintaining the City’s fiscal health • Continue with last year’s priority increasing maintenance of all the City’s facilities He added The City Council also discussed the Parkside 2 Subcommittee’s work and the Subcommittee shared that its initial recommendation would be coming later this fiscal year. Staff will also address the ratings of those bonds affected by recent audit work in the same timeframe.

After Council questions, Michele Salmon commented that the community center is an important resource and should be high in the Council’s priorities. Councilmember Davis made a motion, seconded by Councilmember O’Connell to adopt and approve FY 2026/27 City Council Priorities as discussed at the Priority Setting Session of March 21, 2026.

L. Review Business License Fee Proposal
Finance Director Yuen reported that staff is recommending Council to direct staff to begin the process of launching a ballot initiative for November 2026 to change

Page 8 of 752 ends

City Council Meeting Minutes
April 16, 2026

Page 4 ends

the Business License Fee Structure. She added that staff worked with our business license program administrator, Hinderliter De Llamas & Associates (HdL), in August 2025 to conduct a business license tax study.

Finance Director Yuen added, that after reviewing all the business license models from HdL’s study, the Fiscal Policy Subcommittee recommended the Council move forward with Model 2. This model considers the need to simplify the current rate structure, raises fees that haven't been adjusted since 1983, considers the variety of current and future industries within city limits, and encourages support for smaller businesses, or microenterprises. Model 2 would increase revenues from our current industry mix, as well as protect us if the mix were to change in future years.

Additionally, if Council agrees with the Subcommittee's recommendation and decides to move forward with Model 2, staff would then conduct community outreach in April and May, and finalize ballot and ordinance language in June in time for the November 2026 Election.

After Council questions, Chris Florkowski commented that she is concerned because Brisbane is not like other cities.

Economic Vitality Director Bull commented that we have not updated this in 43 years and this policy is drafted to be future proof.

After Council discussion, staff was directed to begin the process of launching a ballot initiative for November 2026 to change the Business License Fee Structure based on Model 2.

STAFF REPORTS
M. City Manager’s Report- City Updates and Upcoming Activities City Manager provided updates on previous city activities and reported on upcoming events.

MAYOR/COUNCIL MATTERS
N. Future Agenda Items
No requests were made.

O. Countywide Assignments and Subcommittee Reports
i. Parkside 2 Ad Hoc Subcommittee Update
ii. Report Out on Subcommittee Meetings
iii. Upcoming Subcommittee Meetings
Councilmembers reported on their county and subcommittee meetings.

P. Written Communications
Written correspondence was received from the following members of the public:

Page 9 of 752 ends

City Council Meeting Minutes
April 16, 2026

Page 5 ends

• Jason Barnaby (4/15/26) Response Requested 120 Constituents Urge Action on Preschool Program Cancellation
• Lorie Mae (2 emails on 4/14/26) Follow Up Survey on the Petition to reinstate the Brisbane Preschool Program
• Jill Reed (4/13/26) Partnership Request Brisbane’s 2026-27 Support for SSMC • Susan Lau (4/10/26) Brisbane Quarry Plans
• Tony Verreos (4/8/26) Quarry Rd. Trail Project
• Michele Salmon (4/3/26) April 2 Council Meeting Comments ORAL COMMUNICATIONS NO. 2
Chris Florkowski made a comment on Caltrains’ $75 million deficit.

Adjournment
Mayor Mackin adjourned the meeting at 8:22 P.M.

Ingrid Padilla
City Clerk

Page 10 of 752 ends

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL CLOSED SESSION MEETING AGENDA
MONDAY, APRIL 20, 2026
HYBRID MEETING, 25A PARK PLACE ANNEX CONFERENCE ROOM,
BRISBANE, CA 94005
3:30 P.M. CALL TO ORDER
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Government Code, Section 54956.9 (d). Number of Cases: One Mayor Mackin called the meeting to order at 3:36 P.M.

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

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

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

REPORT OUT OF CLOSED SESSION
City Attorney Zutler reported that direction was provided to staff regarding Anticipated Litigation Item D.

ADJOURNMENT
The meeting was adjourned at 7:30 P.M.

Ingrid Padilla, City Clerk

Page 11 of 752 ends

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL SPECIAL MEETING AGENDA
TUESDAY, APRIL 21, 2026
HYBRID MEETING, 50 PARK PLACE, CITY HALL CONFERENCE ROOM, BRISBANE, CA 94005
4:00 P.M. CALL TO ORDER
Mayor Mackin called the meeting to order at 4:03 P.M.

ADOPTION OF AGENDA
Councilmember Davis will be recusing herself from the Public Art Advisory Committee interviews and appointment vote.

Item E will be moved at the very end of the Special Meeting. Councilmember Lentz requested to add Janice Au-Young as an applicant for the Complete Streets Safety Committee. Her application was submitted before the deadline but was not received by the City Clerk. Mayor Mackin made a motion, seconded by Councilmember Kern to approve the agenda as amended. The motion was carried unanimously by all present.

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

Absent: Councilmember Davis (attended the meeting after the PAAC interviews) Abstain: None
Public Comment
No members of the public wished to speak at this time.

Committee Interviews and Possible Appointments
A. Interview Applicants for up to 4 seats to the Public Art Advisory Committee (PAAC) with shortened terms ending January of 2028
• 4:05 pm Karen Cunningham
• 4:15 pm Danette Davis
• 4:25 pm Kevin Fryer
• 4:35 pm Kat Thomas
• 4:45 pm Deanna Washington
• 4:55 pm Lupita Gonzalez
Councilmembers Kern, Lentz, O’Connell and Mayor Mackin interviewed all six applicants.

Page 12 of 752 ends

City Council Meeting Minutes
April 21, 2026

Page 2 ends

B. Interview Applicants for 1 seat for the IDEA Committee for a shortened term of January 2027 • 5: 10 pm Lupita Gonzalez
Councilmembers Davis, Kern, Lentz, O’Connell and Mayor Mackin interviewed Ms. Gonzalez.

C. Interview Applicants for up to 3 seats in the Complete Streets Safety Committee with terms ending in January 2030
• 5: 20 pm Jose Moreno
• 5:25 Janice Au-Young
Councilmembers Davis, Kern, Lentz, O’Connell and Mayor Mackin interviewed both applicants.

D. Interview Applicants for 1 seat in the Open Space and Ecology Committee with a term ending in January 2030
• 5: 30 pm Hannah Carney
• 5:40 pm Peter Sutherland
• 5:50 pm Dale Wilhem
Councilmembers Davis, Kern, Lentz, O’Connell and Mayor Mackin interviewed all three applicants.

F. Discuss and Consider making Appointments for 1 seat for the IDEA Committee for a shortened term of January 2027
After council questions, no public comment, and council discussion, Council directed staff to draft a resolution appointing Lupita Gonzales for a shortened term of January 2027 to the IDEA Committee for council approval at the next City Council Meeting.

G. Discuss and Consider making Appointments for 3 seats in the Complete Streets Safety Committee with terms ending in January 2030
After council questions, no public comment, and council discussion, Council directed staff to draft a resolution appointing Jose Moreno and Janice Au-Young for a term ending January 2030 to the Complete Streets Safety Committee for council approval at the next City Council Meeting.

H. Discuss and Consider making Appointments for up to 1 seat in the Open Space and Ecology Committee with a term ending in January 2030
After council questions, no public comment, and council discussion, Council directed staff to draft a resolution appointing Hannah Carney for a term ending January 2030 to the Open Space and Ecology Committee for council approval at the next City Council Meeting. Council also directed staff to ask Peter Sutherland if he would be interested in being appointed to the Complete Streets Safety Committee.

Page 13 of 752 ends

City Council Meeting Minutes
April 21, 2026

Page 3 ends

E. Discuss and Consider making Appointments for up to 4 seats to the Public Art Advisory Committee (PAAC) with shortened terms ending January of 2028
Councilmember Davis left the room and recused herself from Item E. After council questions, no public comment, and council discussion, Council directed staff to draft a resolution appointing Kat Thomas and Deanna Washington for a shortened term ending January 2028 to the Public Art Advisory Committee for council approval at the next City Council Meeting. Council also directed staff to research whether the Public Art Advisory Committee membership can be up to 7 members.

ADJOURNMENT
The meeting was adjourned at 6:54 P.M.

Ingrid Padilla, City Clerk

Page 14 of 752 ends

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL CLOSED SESSION MEETING AGENDA
MONDAY, APRIL 27, 2026
HYBRID MEETING, 25A PARK PLACE ANNEX CONFERENCE ROOM,
BRISBANE, CA 94005
3:30 P.M. CALL TO ORDER
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Government Code, Section 54956.9 (d). Number of Cases: One Mayor Mackin called the meeting to order at 3:35 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, O’Connell and Mayor Mackin Noes: None

Absent: Lentz (arrived at 3:40pm)
Abstain: None
Public comment was made by Clara Johnson. She commented that being a councilmember is a thankless job and appreciated the stop to a community park camera. She added to vote no when Councilmembers have doubts especially about toxins and the safety of the kids.

Mayor Mackin adjourned the meeting into Closed Session.

REPORT OUT OF CLOSED SESSION
City Attorney Zutler reported that direction was provided to staff regarding Anticipated Litigation Item D.

ADJOURNMENT
The meeting was adjourned at 7:30 P.M.

Ingrid Padilla, City Clerk

Page 15 of 752 ends

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL CLOSED SESSION MEETING AGENDA
MONDAY, MAY 4, 2026
HYBRID MEETING, 25A PARK PLACE ANNEX CONFERENCE ROOM,
BRISBANE, CA 94005
3:30 P.M. CALL TO ORDER
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Government Code, Section 54956.9 (d). Number of Cases: One Mayor Mackin called the meeting to order at 3:34 P.M.

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

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

Absent: None
Abstain: None
Mayor Mackin adjourned the meeting into Closed Session.

REPORT OUT OF CLOSED SESSION
City Attorney Zutler reported that direction was provided to staff regarding Anticipated Litigation Item D.

ADJOURNMENT
The meeting was adjourned at 7:30 P.M.

Ingrid Padilla, City Clerk

Page 16 of 752 ends

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL CLOSED SESSION MEETING AGENDA
THURSDAY, MAY 7, 2026
HYBRID MEETING, 50 PARK PLACE, CITY HALL CONFERENCE ROOM, BRISBANE, CA 94005
6:00 P.M. CALL TO ORDER
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. Liability Claim: Lai, pursuant to Government Code, section 54956.95 Mayor Mackin called the meeting to order at 6:00 P.M.

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

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

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

REPORT OUT OF CLOSED SESSION
City Attorney Zutler reported that Council took action on Liability Claim Item D.

ADJOURNMENT
The meeting was adjourned at 6:10 P.M.

Ingrid Padilla, City Clerk

Page 17 of 752 ends

BRISBANE CITY COUNCIL

ACTION MINUTES

JOINT CITY COUNCIL, HOUSING AUTHORITY, & GUADALUPE

VALLEY MUNICIPAL IMPROVEMENT DISTRICT MEETING AGENDA
THURSDAY, MAY 7, 2026
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
6:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Mackin called the meeting to order at 6:31 P.M. and led the Pledge of Allegiance.

ROLL CALL
A. Remote Attendance Under the Just Cause Provisions of the Brown Act No Councilmembers attended the meeting remotely.

Councilmembers Present: Councilmembers Davis, Kern, Lentz, O’Connell and Mayor Mackin Councilmembers Absent: None
Staff Present: City Manager Dennis, City Clerk Padilla, City Attorney Zutler, Assistant City Manager Fernandez, Human Resources Director Partin, Parks and Recreation Director Leek, Recreation Coordinator Nahass Lopez, Finance Director Yuen, Public Works Director Bozorginia, Assistant to the City Manager Cheung, Management Analyst Brown, and Admin Management Analyst Ibarra

REPORT OUT OF CLOSED SESSION
City Attorney Zutler reported out of the Closed Session Meetings of April 20, April 27, May 4th and May 7th, 2026. She reported that Council gave direction to staff regarding and no reportable action was taken. The litigation on May 7th was denied.

Adoption of Agenda
Mayor Mackin reported that this week is Municipal Clerk’s Week and recognized City Clerk Padilla and acting Deputy City Clerk Ibarra for their work. She also welcomed new City Attorney Samantha Zutler to her first City Council Meeting.

Page 18 of 752 ends

City Council Meeting Minutes
May 7, 2026

Page 2 ends

Councilmember Davis made a motion, seconded by Councilmember O’Connell to adopt the agenda as it stands.

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

Absent: None
Abstain: None
Awards and Presentations
B. Youth Advisory Committee Annual Presentation
The Youth Advisory Committee members presented their community events and leadership activities throughout the year. Councilmembers thanked them for their intergenerational work and service to the community.

Oral Communications No. 1
No members of the public wished to speak.

Consent Calendar
C. Proclaiming May 2026 as Asian American Native Hawaiian Pacific Islander Heritage Month D. Proclaiming May 2026 as Wildfire Preparedness Month
E. Proclaiming Week of May 17-23, 2026 as Emergency Medical Services Week F. Approve Minutes of City Council Meeting of April 2, 2026 G. Approve Minutes of City Council Closed Session Meeting of April 6, 2026 H. Approve Minutes of City Council Closed Session Meeting of April 13, 2026 I. Approve Minutes of City Council Closed Session of April 16, 2026 J. Approve Minutes of Housing Authority Closed Session of April 16, 2026 K. Accept Investment Report as of March 2026
L. Adopt Resolution Approving Agreement with the County of San Mateo for Animal care and Control Services to be Provided by the Peninsula Humane Society & SPCA (PHS) M.

Adopt a Brisbane City Council Resolution and a GVMID Resolution approving the First Amendment to the Joint Exercise of Powers Agreement between the City and County of San Francisco, the City of Brisbane, and the Guadalupe Valley Municipal Improvement District for Wholesale Wastewater Treatment and Disposal Services

Page 19 of 752 ends

City Council Meeting Minutes
May 7, 2026

Page 3 ends

N. Approve Resolutions to Appoint Members to City Committees O. Adopt Resolution to Amend the Current Communication and Digital Media Coordinator and Senior Accounting Assistant Job Descriptions
P. Approve Cosponsorship of Lions Club Scholar Dinner
Q. Approve Cosponsorship of Brisbane Library's CaveSim Event R. Approve Cosponsorship of Brisbane Library's Lucha Libro Event S. Approve Cosponsorship of the Friends of the Brisbane Library's Citywide Garage Sale Councilmember O’Connell made a motion, seconded by Councilmember Kern to approve Consent Calendar Items C-S.

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

Absent: None
Abstain: None
T. Approve Cosponsorship of Brisbane Chamber's Brassy, Bassy, & Broadway Event Councilmember Davis abstained from the vote as the Chief Executive Office of the Brisbane Chamber.

Councilmember Lentz made a motion, seconded by Councilmember O’Connell to approve Consent Calendar Item T.

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

Absent: None
Abstain: Councilmember Davis
Continued Awards and Presentations
U. Swearing In Newly Appointed Committee Members
City Clerk Padilla administered the Oath or Affirmation of Allegiance for Public Officers and Employees to the following newly appointed committee members:
• Jose Moreno, Complete Streets Safety Committee for a term through January 2030 • Janice Au-Young, Complete Streets Safety Committee for a term through January 2030 • Hannah Carney, Open Space and Ecology Committee for a term through January 2030 • Lupita Gonzalez, IDEA Committee for an initial shortened term through January 2027 • Kat Thomas, Public Art Advisory Committee for a shortened term through January 2028

Page 20 of 752 ends

City Council Meeting Minutes
May 7, 2026

Page 4 ends

New Business
V. Review and Acceptance of the Fiscal Year 2022-2023 Audit Finance Director Yuen provided an overview of the Fiscal Year 2022-2023 Audit report, also known as the Annual Comprehensive Financial Report, and the correlating Memorandum on Internal Control.

The City’s General Fund revenues increased by $5.2 million, or 22.6% compared to the prior fiscal year amount of $23.2 million. She reported that the General Fund revenues, including property taxes, sales taxes, charges for services, business license taxes, and transient occupancy taxes increased compared to the prior year. The City’s General Fund expenditures totaled $31.7 million, an increase of $3.8 million from prior year expenditures of $27.9 million, or 13.8%.

After Council questions, Diana S. suggested that the City create a Finance and Audit Committee to better keep track of this process.

Councilmembers discussed wanting to have quarterly updates and appreciated having more support for the department.

After Council discussion, Councilmember O’Connell made a motion, seconded by Councilmember Kern to received the Fiscal Year 2022-2023 Audit report and Memorandum of Internal Control.

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

Absent: None
Abstain: None
W. Receive Sanitary Sewer Smoke Testing Informational Update Public Works Director Bozorginia reported that smoke testing is a standard method used by many jurisdictions to evaluate sanitary sewer systems and identify defects such as cracks, leaks, and improper connections that contribute to inflow and infiltration (I&I). While commonly used throughout the region, smoke testing has not previously been conducted in Brisbane. He added that staff is implementing a smoke testing program to better understand system conditions and prioritize future maintenance and capital improvements.

He also added that the smoke used is safe and does not pose a health risk and staff anticipates conducting smoke testing in targeted areas during the second half of June 2026. In advance of this work, the City is conducting a series of outreach efforts starting next week.

After no council questions and discussion, Council thanked Public Works Director Bozorginia for the update.

Page 21 of 752 ends

City Council Meeting Minutes
May 7, 2026

Page 5 ends

X. Receive Local Hazard Mitigation Planning Update
Assistant City Manager Fernandez reported that to be eligible for hazard mitigation grants and certain disaster recovery funds, a public agency must adopt a local hazard mitigation plan that has been approved by the California Office of Emergency Services (CalOES) and by the Federal Emergency Management Agency (FEMA). This is the fourth time Brisbane is updating its plan, occurring every five years, with the last action taken on November 18, 2021. She added that the plan is to have a CalOES and FEMA approved plan in the fall to allow San Mateo County and Plan Participants to put it on Board agendas for adoption before the current plan expires in December.

After council questions, no public comment and no council discussion. Councilmembers thanked Assistant City Manager Fernandez for the update.

Y. Discuss Public Art Advisory Committee Membership Composition and Consider Adopting a Resolution to Amend the Public Art Implementation Guidelines City Manager Dennis reported that the Public Art Implementation Guidelines were most recently amended on September 18, 2025 to ensure consistency with the Public Art Master Plan. As part of this amendment, the structure of the Public Art Advisory Committee (PAAC) was adjusted by eliminating the appointment of two Parks and Recreation Commissioners and two Councilmembers and increasing the number of community members from three to seven.

As a result of the changes made to the Public Art Implementation Guidelines, the City Council held a special city council meeting on April 21, 2026 to recruit four community members to the PAAC. As a result of this recruitment, two community members were offered a committee seat. Subsequently, one of the two appointees declined the appointment, leaving the PAAC with just one new appointee.

Public Art Implementation guidelines state that PAAC be made up of seven members. However, other committees such as the Complete Streets Safety Committee (CSSC) and the Inclusion, Diversity, Equity, and Accountability (IDEA) Committee have language in their bylaws indicating a composition of "five to seven members".

City Manager Dennis added that if Council wishes to align with CSSC and IDEA Committee membership bylaws, staff propose amending the Public Art Implementation Guidelines to reflect a range of five to seven committee members appointed by Council. Amended implementation guidelines and an accompanying resolution are attached for consideration.

Currently, the PAAC has four vacancies. If membership remains unchanged, the City Clerk will proceed with recruitment for these four positions. Alternatively, if Council reduces PAAC membership to five seats, the City Clerk will recruit for the single remaining vacancy.

After Council questions, Michael Barnes commented that there should be a public accounting of what public arts funding is and it should be part of the municipal code to ensure that public arts fund are spent according to the law.

Page 22 of 752 ends

City Council Meeting Minutes
May 7, 2026

Page 6 ends

After Council discussion, Councilmember O’Connell made a motion to retain the Public Art Advisory Committee membership to seven. The motion failed with a 2 to 3 vote.

Ayes: Councilmembers Davis and Councilmember O’Connell
Noes: Councilmembers Kern, Lentz and Mayor Mackin

Absent: None
Abstain: None
Councilmember Lentz made a motion, seconded by Mayor Mackin, to adopt a Resolution to Amend the Public Art Implementation Guidelines indicating a membership composition of "five to seven members". The motion passed with a three to two vote.

Ayes: Councilmember Kern, Lentz and Mayor
Noes: Councilmember Davis and Councilmember O’Connell

Absent: None
Abstain: None
Staff was directed by Councilmember Davis, Kern and O’Connell to begin the recruitment immediately to fill the vacancies.

Z. City Manager’s Report- City Updates and Upcoming Activities City Manager Dennis reported on upcoming city activities and events.

Mayor and Council Matters
AA. Future Agenda Item
Councilmember Davis and Mayor Mackin wanted staff to explore ordinances on Data Centers.

BB. Countywide Assignments and Subcommittee Reports
i. Parkside 2 Ad Hoc Subcommittee Update
ii. Report Out on Subcommittee Meetings
iii. Upcoming Subcommittee Meetings
Councilmembers shared their county assignment and subcommittee activities.

CC. Written Communications
Written correspondence was received from the following members of the public:

Mae (5/7/26) List of 17 Committed Families to Enroll to the Brisbane Preschool for Summer 2026 Mae (5/3/26) Update: 12 out of 15 committed families ready to enroll to the Brisbane Preschool immediately (Summer 2026)
Lee (5/4/26) Abandoned boats in Sierra Point inlet near Prothena building (SF Bay Trail) – request action/timeline

Page 23 of 752 ends

City Council Meeting Minutes
May 7, 2026

Page 7 ends

Kern (4/29/26) For Distribution to Full Council - Dennis SMART goals - Strategic Planning Dillworth (4/28/26) Comments
Jefferson Union High School District (4/13/26) Fourteen Day Notice of Proposal to Implement Development Fees
Oral Communications No. 2
Michael Barnes commented to have the City review the Public Art Master Plan’s mission statement because it is flawed.

Adjournment
Mayor Mackin adjourned the meeting at 9:37 P.M.

Ingrid Padilla
City Clerk

Page 24 of 752 ends

City Council Staff Report
Meeting Date: May 21, 2026
From: Jeff Franco, Parks and Recreation Coordinator, Noreen Leek, Parks and Recreation Director
Subject: Approve Cosponsorship of Sierra Point Yacht Club’s Regatta Day
Recommendation
Staff recommends that the Council review and consider approving the Sierra Point Yacht Club's Regatta Day as a cosponsored event.

Background
In 2003, following construction of the Mission Blue Center, the Brisbane City Council adopted a policy establishing guidelines for event cosponsorships. The policy supports and encourages recreational, educational, and cultural programs that are accessible to all individuals regardless of age, gender, race, religion, or national origin. As such, the City has a long-standing tradition of partnering with local nonprofit organizations by cosponsoring community events and waiving facility rental and staffing fees, thereby expanding access to programs that enrich residents’ lives and strengthen civic connections. This collaborative approach maximizes public resources, increases community engagement, encourages volunteerism, fosters inclusivity, and activates public spaces in meaningful ways.

Qualifying criteria for cosponsored events include Brisbane residency, designation by the State of California as a non-profit organization (i.e. 501c3), and the event must be open to the public and suitable for the community at large.

Discussion
The Sierra Point Yacht Club was established in 1984 to promote social interaction among the membership and other yacht clubs, with the intent of encouraging safe, enjoyable pleasureboating. On Saturday, September 19, 2026, from 12:00-5:00pm, the Sierra Point Yacht Club event will include music, food, boat-knot training, games, and fun. The event is open and free to the general public. An amplified sound permit and an encroachment permit to block parking is required through the City of Brisbane. Food and beverage permits are required through San Mateo County.

They are also requesting the City’s support with promotion and marketing of their event (i.e.

Page 25 of 752 ends

signboards, social media). SPYC is also requesting to borrow city equipment including 10 tables, 30 chairs, and 20 sandbags.

Fiscal Impact

FINANCIAL SUMMARY BASED ON APPLICATION
Parks & Recreation Staff time 4 hours of labor @
$60/hr = $240
Public Works Staff time for "No Parking"
closures
1 hour of OT @
$52.50/hr = $52.50
Police Department support - 1 officer 5 hours of OT @
$81.56/hr = $407.80
Amplified Sound Permit $229
Encroachment Permit 115
TOTAL$1,044.30
Attachments

1. SPYC Regatta_2026 Application
City Manager Approval
Jeremy Dennis, City
Manager

Page 26 of 752 ends

City of Brisbane

CO-SPONSORSHIP APPLICATION
This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

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

APPLICANT INFORMATION
Name of Contact Person: _Meg Chandler_____________________ Contact Person’s Phone: ____415-730-7030_________________ Contact Person’s Email: [email protected]_____________________________________________________________ Name of Organization: ______Sierra Point Yacht Club_______ Organization’s Website: __spyc.clubexpress.com____________________ Organization’s Address or P.O. Box: __500 Sierra Point Pkwy, Brisbane, CA 94005______________________________________ Circle ONE of the following items below that best describes your organization. a. Brisbane Non-Profit Organization
b. Non-resident, Non-Profit Organization (Outside of Brisbane) c. School District, School, or School Affiliated Group (ex. PTO) d. Private Group, Club, or Organization
What year did your organization begin serving the Brisbane community? ______1984___________ How has your organization contributed to the Brisbane community in the past 2 years? SPYC has held The Regatta for the last 3 years. Bringing the Brisbane Community together to share in a day of music, food and beverage educational booth to learn about the Marina
What is your organization’s mission and/or purpose?
The SPYC was established to promote social interactions, with the intent of encouraging, safe enjoyable pleasure boating and build relationships with Brisbane and the surrounding yacht Clubs

EVENT DETAILS
Name of Event: The Regatta Day Event Set-up Start Time: 9am Event Date (mm/dd/yy): 09/19/26 Event Start Time: 12noon Event Day of Week: Saturday Event Close Time : 5:00pm
Event Location: 500 Sierra Point Parkway, Brisbane, CA 94005 Reservation Permit Number (if applicable): _________________________ Describe what can be expected from this event? (ex. Performance, shopping, activities, etc.) Music, Food and Beverage, Brisbane Booth, boat knot training, games, and fun
Will there be any fundraising at this event? ___no__ If yes, what will the funds raised be used for? ______________________________ Are there any admission fees for this event? ____no If yes, please list them here: ____________________________________________ If this event is NOT open to the general public, what are the restrictions for who may attend? (ex. Age, membership, residency, etc.) ________________________________________________________________________________________________

Page 1 ends

INDOOR FACILITY ACCESS REQUEST
City Staff must be present to accommodate the use of any of our indoor facilities. The following schedule will be used to ensure someone will be available when you need access. (If you are not requesting indoor facility use, you may skip to the next section)

Page 27 of 752 ends

Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________

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

Bluetooth Speaker? ______ with Microphone? ______
Projector & Screen? (Mission Blue Only) ______
Other: ____________________________________________________________ Quantity: Item:
_____8-10_______ 6ft Long Rectangle Tables
____________ 5ft Diameter Round Tables
_____30-40__ Chairs
_________ 10ft x 10ft Canopy/Pop-up Tent
_____20_____ Weighted Sandbags

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

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

ADDITIONAL SUPPORT
Do you need any promotional support for this event?
Signboards? YES Social Media? YES
Digital Graphics / Flyers? Programs?
Other: ____________________________

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

Applicant Signature___ E Meg Chandler_______________________ Date___3/13/26_______

Page 2 ends

Page 28 of 752 ends

City Council Staff Report
Meeting Date: May 21, 2026
From: Jeff Franco, Parks and Recreation Coordinator, Noreen Leek, Parks and Recreation Director
Subject: Approve Cosponsorship of San Bruno Mountain Watch’s "Meet the Mountain" Festival
Recommendation
Staff recommends that the Council review and consider approving San Bruno Mountain Watch's "Meet the Mountain Festival" as a cosponsored event.

Discussion
San Bruno Mountain Watch (SBMW) is a Non-profit 501(c)(3) organization established in 1995.

Their mission is to care for San Bruno Mountain through conservation, ecological restoration, education, and advocacy in partnership with local communities. SBMW engages local communities, including Brisbane residents, in efforts to protect and restore the mountain, including habitat workdays. They also teach the community about the cultural and natural history of the mountain and provide them with native plants from the Mission Blue Nursery.

The Mission Blue Nursery provides opportunities to learn about and participate in native plant propagation and environmental horticulture. The “Meet the Mountain” Festival will take place at the Mission Blue Center on Saturday, September 26, 2026, from 11:00am–5:00pm. The event will include presentations, exhibits, art activities, and performances that all aim to help the public learn about and appreciate San Bruno Mountain. This event is open and free to the general public.

Page 29 of 752 ends

The event sponsor is also requesting waiver of the $500 deposit and insurance certificates which are typically required for private facility rental groups. They are also requesting the City’s support with promotion and marketing of their event (i.e. signboards, social media).

Fiscal Impact

FISCAL IMPACT SUMMARY BASED ON

APPLICATION
Rental of Mission Blue
Center
$371/hr x 11.5
hours = $4,266.50
TOTAL$4,266.50
Attachments

1. Cosponsorship Application of SBMW Meet the Mountain Event City Manager Approval
Jeremy Dennis, City
Manager

Page 30 of 752 ends

Name of Contact Person: ___________________________________ Contact Person’s Email: _____________________________________________________________________ Name of Organization: _____________________________________ Organization’s Address or P.O. Box: ________________________________________________________________________ Circle ONE of the following items below that best describes your organization. a. Brisbane Non-Profit Organization
b. Non-resident, Non-Profit Organization (Outside of Brisbane) c. School District, School, or School Affiliated Group (ex. PTO) d. Private Group, Club, or Organization
What year did your organization begin serving the Brisbane community? _________________ How has your organization contributed to the Brisbane community in the past 2 years? _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ What is your organization’s mission and/or purpose?
_________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

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

CO-SPONSORSHIP APPLICATION

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

EVENT DETAILS
Name of Event: _______________________________________________ Event Date (mm/dd/yy): ________________________________________ Event Day of Week: ____________________________________________ Event Location: _______________________________________________ Reservation Permit Number (if applicable): _________________________ Describe what can be expected from this event? (ex. Performance, shopping, activities, etc.) ______________________________________________________________________________________________ Will there be any fundraising at this event? ______ If yes, what will the funds raised be used for? ______________________________ Are there any admission fees for this event? ______ If yes, please list them here: ____________________________________________ If this event is NOT open to the general public, what are the restrictions for who may attend? (ex. Age, membership, residency, etc.) ________________________________________________________________________________________________

Page 1 ends

Event Set-up Start Time: _______________
Event Start Time: ________________
Event Close Time: ________________
Ariel Cherbowsky Corkidi 415-467-6631
[email protected]
San Bruno Mountain Watch www.mountainwatch.org
44 Visitacion Ave, Ste 206, Brisbane, CA 94005
1995
The mission of San Bruno Mountain Watch is to care for San Bruno Mountain through conservation, ecological restoration, education, and advocacy in partnership with local communities.

In the past two years, we have collaborated with the City of Brisbane to host multiple habitat restoration days on the Northeast Ridge and Icehouse Hill. We hosted a San Bruno Mountain Solstice Celebration at the Brisbane Community Park in the summer of 2025. We have provided plants to city beautification projects along Quarry Road and stairways connecting streets in Brisbane. We have hosted 8 open-house plant sales at Mission Blue Nursery in Brisbane.

Meet the Mountain Festival
Yes Restoration & education programs
No
Mission Blue Center
Saturday
12pm
2pm
8pm
09/05/26
Presentations, exhibits, videos, art activities, and performances that all aim to help the public learn about and appreciate San Bruno Mountain. 09/26/26

Page 31 of 752 ends

City Staff must be present to accommodate the use of any of our indoor facilities. The following schedule will be used to ensure someone will be available when you need access. (If you are not requesting indoor facility use, you may skip to the next section) Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________

INDOOR FACILITY ACCESS REQUEST

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

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

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

Bluetooth Speaker? ______ with Microphone? ______
Projector & Screen? (Mission Blue Only) ______
Other: ____________________________________________________________

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

Page 2 ends

Social Media?
Programs?
Applicant Signature______________________________________ Date________________ No
No
No
Yes
Yes Yes
Brisbane STAR, Blast
2/6/26
Yes
Yes Yes
Yes
15 10
100
3 Saturday, September 5th, 2026 12pm 8:30pm
150
26th, 2026

Page 32 of 752 ends

City Council Staff Report
Meeting Date: May 21, 2026
From: Jeff Franco, Parks and Recreation Coordinator, Noreen Leek, Parks and Recreation Director
Subject: Approve Cosponsorship of Excelsior Running Club’s Half Marathon & 5K Race
Recommendation
Staff recommends that the Council review and consider approving the Excelsior Running Club's Half Marathon & 5K Race as a cosponsored event.

Discussion
The Excelsior Running Club has promoted health & wellness in Brisbane through running since 2013. The Excelsior Running Club Half Marathon and 5K will take place on San Bruno Mountain on Saturday, October 3, 2026, from 7:00am–1:00 pm. This annual run begins at 9:00am on Visitacion Avenue and concludes on Quarry Road Trail near the Community Park. It is anticipated that the fastest runners should be done by 10:30am and the last of the runners will be done by approximately 2:00pm. Event registration is fee-based and tickets will be available for purchase through Excelsior Running Club. A portion of the funds raised will support El Camino High School, the Brisbane Lions Club, and San Bruno Mountain Watch. Last year’s event had 83 runners participate in the half-marathon. As a result, Excelsior Running Club donated $500 each to San Bruno Mountain Watch and the Brisbane Lions Club. They also donated $1,500 to the El Camino High School Cross Country team for their volunteer support at the event and purchased 100 lunches from the Lion’s Club at the Day in the Park event. They

Page 33 of 752 ends

are also requesting to borrow City equipment including 7 tables and 14 chairs. An encroachment permit is required to block parking.

Fiscal Impact

FISCAL IMPACT SUMMARY BASED ON

APPLICATION
Public Works Staff OT for
set up/take down of flags
on Visitacion & street
closures
Approximately 6
hours of OT @

52.50/hour = $315
Encroachment Permit $115
TOTAL$430
Attachments

1. 2026 Cosponsorship Application - Excelsior Running Club's Half Marathon & 5K

2. Certificate of Insurance - Excelsior Running Club
City Manager Approval
Jeremy Dennis, City
Manager

Page 34 of 752 ends

Page 35 of 752 ends

Page 36 of 752 ends

CERTIFICATE OF INSURANCE
PRINT DATE: 3/9/2026
CERTIFICATE NUMBER: 202603091192858
AGENCY:

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

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

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

NAMED INSURED: INSURERS AFFORDING COVERAGE:

USA Track & Field, Inc.
342 Massachusetts Avenue
Suite 400
Indianapolis IN 46204
Excelsior Running Club INSURER A: Clear Blue Insurance Company NAIC #28860 EVENT INFORMATION:

Star City San Bruno Mountain Half Marathon (10/3/2026 - 10/3/2026) POLICY/COVERAGE INFORMATION:

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

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

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

A GENERAL LIABILITY
X Occurrence
X Participant Legal Liability
CZ26INGL0001-04 2/1/2026
12:01 AM
2/1/2027
12:01 AM General Aggregate (Per Event) $4,000,000
Each Occurrence $2,000,000
Damage to Rented Premises (Each Occ.) $2,000,000
Medical Expense (Any one person) Excluded
Personal & Advertising Injury $2,000,000
Products-Comp/Op Agg $2,000,000

A UMBRELLA/EXCESS LIABILITY
X Occurrence CZ27IN3X0001-04 2/1/2026
12:01 AM
2/1/2027
12:01 AM Each Occurrence $3,000,000
Aggregate $3,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS:

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

The certificate holder is an additional insured per the following endorsement: Blanket Additional Insured (CB 03 03 06/23).

The General Liability policy is primary and non-contributory with respect to the negligence of the Named Insureds (Form CG 20 01 12/19).

The General Liability policy contains a blanket Waiver of Subrogation as required by contract per Waiver of Transfer of Rights of Recovery Against Others (Form CG 24 04 12/19).

Excess policy follows form of underlying General Liability.

CERTIFICATE HOLDER: NOTICE OF CANCELLATION:

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

AUTHORIZED REPRESENTATIVE:

Page 37 of 752 ends

City Council Staff Report
Meeting Date: May 21, 2026
From: Maz Bozorginia, Public Works Director
Subject: Receive Update on Solid Waste Collection Rate
Adjustment-South San Francisco Scavenger Company
Recommendation
Staff recommend the City Council receive an update on South San Francisco Scavenger’s 2026 rate increase effective July 1, 2026.

Background
The City has two Franchise Agreements dated November 20, 2014 for the provision of waste collection services; one with South San Francisco Scavenger Company (Scavenger) in Solid Waste Collection Zones 1 (A&B) and 2, and one with Recology Brisbane in Solid Waste Collection Zone 3. Both agreements have language specifying under what conditions a rate increase may occur.

Discussion
Scavenger did submit a request for a rate increase; their proposed rates were reviewed by staff and found to be in accordance with their franchise agreement. Pursuant to each agreement “…not later than June 30th of the year of the Notice of Intention, the City Council shall act upon the new maximum rates as appropriate, with any new maximum rates to become effective on July 1st of the same year.”
Scavenger’s notice of intent was received on March 25, 2026, and the calculated rate increase for this year is 1.40%. With the company completing their calculations per the agreement, there is no discretionary action for the Council to take.

Fiscal Impact
The effective date of the new rates is July 1, 2026.

Attachments

1. Rate Adjustment Request_Scavenger_032526

2. Solid Waste Collection Zone Maps
City Manager Approval

Page 38 of 752 ends

Jeremy Dennis, City
Manager
05/13/2026

Page 39 of 752 ends

Page 40 of 752 ends

Page 41 of 752 ends

Page 42 of 752 ends

Page 43 of 752 ends

Page 44 of 752 ends

Page 45 of 752 ends

Page 46 of 752 ends

Page 47 of 752 ends

Page 48 of 752 ends

Page 49 of 752 ends

Page 50 of 752 ends

City Council Staff Report
Meeting Date: May 21, 2026
From: Maz Bozorginia, Public Works Director
Subject: Receive an Update on Solid Waste Collection Rate Adjustment-Recology
Recommendation
Staff recommend the City Council receive an update on Recology's 2026 rate increase effective July 1, 2026.

Background
The city has two Franchise Agreements dated November 20, 2014 for the provision of waste collection services; one with South San Francisco Scavenger Company in Solid Waste Collection Zones 1(A&B) and 2, and one with Recology Brisbane in Solid Waste Collection Zone 3. Both agreements have language specifying under what conditions a rate increase may occur.

Discussion
Recology Brisbane did submit a request for a rate increase; their proposed rates were reviewed by staff and found to be in accordance with their franchise agreement. Pursuant to each agreement “…not later than June 30th of the year of the Notice of Intention, the City Council shall act upon the new maximum rates as appropriate, with any new maximum rates to become effective on July 1st of the same year.”
Recology’s notice of intent was received on March 16, 2026, and the calculated rate increase for this year is 3.67%. With the company completing their calculations per the agreement, there is no discretionary action for the Council to take.

Fiscal Impact
The effective date of the new rates is July 1, 2026.

Attachments

1. Rate Adjustment Request_Recology_031626

2. Solid Waste Collection Zone Maps
City Manager Approval

Page 51 of 752 ends

Jeremy Dennis, City
Manager
05/14/2026

Page 52 of 752 ends

1 March 16, 2026

BY EMAIL
Jeremy Dennis
City Manager
City of Brisbane
50 Park Lane
Brisbane, CA 94005
RE: Notice of Intention to Increase Rates & Related Matters Dear Mr. Dennis:

The purpose of this letter is to notify the City of Brisbane of Recology’s intention to increase rates effective July 1, 2026 pursuant to the refuse rate index methodology set forth in the Franchise Agreement between the City and Recology.

RRI Rate Adjustment
Section 6.2 of the Franchise Agreement provides that maximum rates shall be adjusted each July 1 using a refuse rate index consisting of the weighted average of certain index items as specified below. The annual percentage change in each index item and the calculation of the RRI Adjustment Percentage are also set forth below. Accordingly, maximum rates shall be increased by 3.67% effective July 1, 2026 under Section 6.2.

Cost Category Weighting Source/Index Annual % Change in Source/Index
Weighted %
Change
Fixed Labor 0.60 As per CBAs 3.50% 2.10%
Variable/Processing Costs 0.25 CPI(U) 3.04% 0.76%
CNG Fuel 0.05 Fuel Index 16.11% 0.81%
RRI Adjustment Percentage: 3.67%
Franchise Fee Payment
Under Section 4.1 of the Franchise Agreement Recology must make an annual franchise fee payment to the City on or before April 30 of each year. The franchise fee is 14% of Recology’s gross revenues during the proceeding calendar year from the collection and disposal of solid waste within Zone 3. For Calendar Year 2025, these revenues amounted to $134,230.90. The franchise fee is therefore $18,792.33. We will remit payment before April 30.

Diversion Rate
Section 8.4 of the Franchise Agreement requires Recology to provide the City with an annual written report setting forth Recology’s best estimate of the diversion rate for its Zone 3 customers.

Page 53 of 752 ends

2 We estimate based on volume and type of service, that the diversion rate for our Zone 3 customers was approximately 32% for the Calendar Year 2025.

Thank you for your consideration. We would be happy to meet with City staff to discuss these matters at your earliest convenience.

Sincerely,
Anthony Crescenti
General Manager
Recology Sunset Scavenger
(415) 330-2911
cc: Randy Breault, Public Works Director, City Engineer Rich Lanser, Recology SF Region Controller

Page 54 of 752 ends

Page 55 of 752 ends

Page 56 of 752 ends

Page 57 of 752 ends

Page 58 of 752 ends

City Council Staff Report
Meeting Date: May 21, 2026
From: Noreen Leek, Parks and Recreation Director
Subject: Award artist contracts for the Artful Bench Program Recommendation
Staff recommend the City Council award contracts to three (3) artists for the Artful Bench public art project. Award contract to AnT Sculpture and Design in the amount of $25,000. Award contract to Chris Granillo in the amount of $50,000. Award contract to Luminous Waveforms in the amount of $24,100.

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

Discussion
The Public Art Advisory Committee aspired to establish an artfully designed bench program that would combine public seating with site-specific artwork, enhancing both the functional and aesthetic value of public spaces throughout the community. This program provides opportunities for local artists, increases civic engagement, complements the City’s age-friendly goals, and contributes to a more vibrant and welcoming streetscape. The Committee selected locations and directed staff to draft an RFP and solicit prospective artists. In November 2025, the City Council approved the Public Art Committee’s recommendation to publish an RFP soliciting proposals for artfully designed benches. The RFP was published in November 2025 and a total of fifty-two (52) responsive proposals were received. Proposals were reviewed by the Public Art Advisory Committee in January and February 2026. The Committee evaluated proposals based on alignment with Brisbane’s public art mission as well as the six Brisbanespecific public art criteria that were developed during the master planning process. At their February 24, 2026, meeting, the Committee ranked proposals and established a short-list of artists to be considered for three locations including Mission Blue, the Dog Park, and the

Page 59 of 752 ends

Marina.

In March, 2026, the Committee affirmed staff’s approach for soliciting community feedback on the preferred artists for all three locations as well as the timeline for next steps. Public voting through the City’s Engage platform went live on 3/25/2026 and remained open through 4/14/2026. To maximize awareness and encourage participation, staff implemented a comprehensive outreach campaign that included promotion through the City Manager’s eBlast and the City’s social media channels, including Facebook and Instagram. Printed flyers with a QR code linking directly to the voting page were distributed throughout the community at locations such as the Community Center, Mission Blue, Library, Pool, City Hall, and public facilities. Staff also conducted direct outreach by sharing information through City programs (e.g. childcare), informing senior lunch participants, encouraging front-line staff to notify customers about the opportunity to vote, and included the voting link in Parks and Recreation staff email signatures.

In April, 2026, the Committee reviewed the community voting results and discussed their recommendations for preferred artists for each of the three locations. They were unanimous in recommending AnT Sculpture and Design for the Dog Park, Chris Granillo for the Marina, and Luminous Waveforms for Mission Blue. Each of their respective proposals, cost estimates, and draft artist agreements can be found in the attachments. The artists will work directly with the Public Art Advisory Committee over the next several months to finalize designs for each location. It is anticipated that fabrication and installation will occur in late 2026 through early 2027.

Fiscal Impact
The total cost for this project is $99,100. The Committee is also recommending a 20% contingency be applied to draw from as needed to support the project. Funds to support this project are available within the Public Art Fund (Fund 275). There is no impact to the general fund.

Attachments

1. ATT1_AnT_Proposal_Budget_Agreement

2. ATT2_Luminous Waveforms_Proposal_Budget_Agreement

3. ATT3_Chris Granillo_Proposal_Budget_Agreement
City Manager Approval

Page 60 of 752 ends

Jeremy Dennis, City
Manager
05/13/2026

Page 61 of 752 ends

City of Brisbane Artful Bench RFQ- AnT Sculpture and Design Letter of Interest
We are excited to submit our application for the City of Brisbane Artful Bench Program, as this RFQ aligns closely with our practice and our commitment to creating durable, site-responsive public artworks that invite interaction and instill a sense of place and local pride. We are particularly drawn to this opportunity because it combines functional design and art, is assessable to all ages. Much of our work in the past incorporates seating and we would be thrilled to have the opportunity to create something that celebrates the City of Brisbane’s identity and character.

When working in a community, especially one that is not our own, we take seriously the responsibility of thoughtful research, listening, and engagement. Our approach is grounded in understanding local history, storytelling, and the cultural and environmental context of a site. We value the opportunity to consider local histories through appropriate collaboration and respectful processes, and we bring experience working across cultures, including with Aboriginal communities in Australia as well as with the Muscogee Creek Nation in our home region of Macon, Georgia. We believe that local place and knowledge, when done responsibly, can create meaningful narratives that deepen connections between people and their community.

Our public art practice focuses on creating high-quality, long-lasting works that endure both physically and conceptually. We specialize in carved brick, architectural ceramics, cast and formed concrete, and mosaic.

These materials are exceptionally suited for outdoor environments and long-term public use. Our site-specific works often integrate functional elements such as seating, gathering spaces, and playable sculptures that encourage interaction and connection. We feel our work, process and values are particularly relevant to the Artful Bench Program.

We bring extensive experience working on projects of similar scale and budget, and collaborate closely with architects, engineers, fabricators, contractors, and city partners to meet standards for safety, accessibility, durability, and maintenance. We understand the importance of ADA compliance, vandalization resistance, and long-term care, and we design our work with these considerations in mind.

Our goal is to create benches that not only serve their practical purpose but also contribute to a lasting sense of pride, care, and belonging within Brisbane’s public spaces. We would be honored to be considered for the Artful Bench Program and to contribute work that reflects the city’s character while supporting meaningful everyday use of the spaces where they are installed.

Thank you for your consideration.

Sincerely,
Alexis Gregg and Tanner Coleman
AnT Sculpture and Design
www.antsculpture.com

Page 62 of 752 ends

ANT SCULPTURE AND DESIGN
www.antsculpture.com • 770.402.0141 • 2520 Rockbridge Road Macon, GA 31204

PROFESSIONAL WORK/EDUCATION
2014−present WESLEYAN COLLEGE, Associate Professor of Art (Alexis) Macon, GA Executive Director, Wesleyan Leadership Lab
Teaching Ceramics, Sculpture, Jewelry and 3-D Design
2007−2010 CALIFORNIA STATE UNIVERSITY LONG BEACH Long Beach, CA MFA Ceramics, May 2010
2003−2007 UNIVERSITY OF GEORGIA Athens, GA
BFA Ceramics, May 2007
2014−2018 CHEROKEE BRICK, Resident Artist (Tanner) Macon, GA 2003−2006 UNIVERSITY OF GEORGIA Athens, GA
BFA Sculpture, December 2006

PUBLIC ART/PERMANENT INSTALLATIONS
2025 MACON BICENTENNIAL PARK Macon, GA
Permanent installation of “Column of Change”
2023/2024 UNIVERSITY OF SOUTHERN MISSISSIPPI Hattiesburg, MS Collaborative public art installation with students
2022 INSTITUTO ALLENDE SMA, Mexico
Collaborative public art installation through two workshops 2021 MUSEUM OF ARTS AND SCIENCES Macon, GA
Four concrete bug bench sculptures
2019 NORTHERN CLAY CENTER Minneapolis, MN
Created a collaborative permanent mural during an invited artist workshop COLTON SCHOOL PUBLIC ART Colton, WA
Created 30ft playable earth integrated bench for k-12 Colton School MUSEUM OF ARTS AND SCIENCES Macon, GA
Created “Frog on a Log” playable bench.

WESLEYAN COLLEGE Macon, GA
Created Arboretum Entrance, and outdoor gallery
2018 UGA CORTONA MURAL Cortona, Italy
Created high relief tile memorial mural for Cortona campus 2017 ATLANTA BELTLINE Atlanta, GA
Temporary installation of “Column of Change”
WASHBURN UNIVERSITY MURAL Topeka, KS
Created high relief memorial mural with participants at NCECA conference PLEIN AIR ART PARK Macon, GA
Redesign of Bernd Park with 7 playable and functional sculptures 2016 MUSEUM OF ARTS AND SCIENCES Macon, GA
Created playable brick “Slider Turtle” bench
BALLARD PARK Tupelo, MS
Created “Transformation” carved brick and mosaic Butterfly benches DAPHNE FOUNTAIN SCULPTURE Macon, GA
Created 8-foot carved brick fountain for private residence MUSEUM OF ARTS AND SCIENCES Macon, GA
Created memorial Armadillo brick bench.
2014 WESLEYAN COLLEGE Macon, GA
Created two tile murals, and carved brick memorial bench for campus UNIVERSITY OF GEORGIA Athens, GA
Created large tile mural in collaboration with students for Ceramics Department 2013 FULE INTERNATIONAL CERAMIC ART MUSEUMS Fuping, China Created two 9ft carved brick playable sculptures for the museum campus. 7 th INTERNATIONAL TERRA COTTA SYMPOSIUM Eskisehir, Turkey Created and installed carved brick “Toy Horse” at 12-day symposium 2012 PLAYABLE ART PARK AT ABERNATHY GREENWAY Atlanta, GA Created a 54ft carved brick dragonfly with seven cast concrete slides and climbing rope wings NEW TAIPEI CITY YINGGE CERAMICS MUSEUM Taipei, Taiwan
Three permanent playable brick and ceramic sculptures for the museum ceramics park. Page 63 of 752 2011 BEEHIVE MONTESSORI SCHOOL Fremantle, WA
Permanent playable brick crocodile sculpture for new playground at Beehive Montessori School.

DOWNTOWN TUPELO WATER MONUMENT Tupelo, MS
Created a carved brick “Water Monument” at HWM Green space. 2010 CLAYARCH GIMHAE MUSEUM South Korea
Created two 15ft carved brick playable sculptures for museum campus HAWAIIAN AVENUE ELEMENTARY SCHOOL Wilmington, CA
Installed a brick oxcart sculpture on playground with functional bench and planter

SELECTED EXHIBITIONS
2025 “Down to Earth” Georgia College and State University Milledgeville, GA 2024 “Crosstown 2” East Gallery Macon, GA
2023 “Blossoming” Macon Mall Bicentennial Exhibition Macon, GA 2022 “My Studio” Instituto Allende SMA, Mexico
2021 “Art in Everyday Life: 15 Years” Red Lodge, MT
2020 “Drawn to Macon II” Macon Arts Alliance (juried) Macon, GA 2019 “AnT Sculpture and Design” Northern Clay Center (solo) Minneapolis, MN 2017 “I Used You” Macon Arts Alliance (solo) Macon, GA
“Shaping the New South” Hudgens Center for Art and Learning (invited) Duluth, GA 2016 “Like Talking to a Brick Wall” MMC Longview Lee’s Summit, MO “The New Southern Aesthetic” Museum of Arts and Sciences (invited) Macon, GA 2015 “Make-End” Makers fair (invited demonstrator) Macon, GA “Time Spent in Los Angeles” KT Wolf Gallery (invited) Nashville, TN “Emerging Artists” Museum of Arts and Sciences (invited) Macon, GA 2014 “Mostra” University of Georgia Study Abroad Cortona Cortona, Italy 2013 “KSCA International Spring Exhibition” Kangnam University (invited) South Korea “Art from the Big Sky” Kolva-Sullivan Gallery Spokane, WA “International Ceramic Exhibition” South Korea
“Catch and Release” Red Lodge Clay Center Red Lodge, MT “Between the Benches” Northwest College Powell, WY
“5 x 5” Rocky Mountain College Billings, MT
2012 “Taiwan Is” New Taipei City Yingge Ceramics Museum Taipei, Taiwan “Playable Art Park” Abernathy Arts Center Atlanta, GA
2011 “Haire Wealth Management Green Space Opening” Tupelo, MS “Dawn of Humanities” Chulalongkorn University Museum Thailand “Featured Artist” Bank Left Gallery Palouse, WA

RECENT AWARDS/PUBLICATIONS/WORKSHOPS
2026 Arrowmont Pentaculum, Invited Artists Gatlinburg, TN 2022/24/25 Residency Award, The Hambidge Center Rabun Gap, GA 2022/24 Visiting Artist lecture and workshop, University of Southern Mississippi Hattiesburg, MS 2022 Workshop Exchange, Visiting Instructor, Instituto Allende SMA, Mexico 2019 “Studio Visit” Ceramics Monthly (Feb. issue)
Macon-Bibb Earth Day Community Award Macon, GA
Northern Clay Center short term residency/workshop Minneapolis, MN 2018 “Here’s the Story..” The Telegraph Macon, GA
“Bernd Park” 13 WMAZ Macon, GA
“Bernd Park Upgrades” 41 NBC/WMGT Macon, GA
2017 Downtown Challenge Grant award recipient Macon, GA Visiting Artist lecture and workshop, University of Southern Mississippi Hattiesburg, MS Featured Artists, The Creative Catalyst Show, The Creek Radio Macon, GA 2016 Vulcan Materials Company Teaching Excellence Award, Georgia Independent College Association Featured Artists, The Creative Catalyst Show, The Creek Radio Macon, GA Downtown Challenge Grant award recipient Macon, GA
NCECA Project Space Demonstrating Artist Kansas City, MO 2015 Demonstrating Artists, Make-End Makers Fair Macon, GA “Brick by Brick” Macon Magazine Macon, GA
Arts Quest Demonstrating artist and lecturer Bismarck, ND NCECA Discussion Leader: Taking Practical Risks Providence, RI

Page 64 of 752 ends

Proposal for the City of Brisbane Artful Bench Program: AnT Sculpture and Design Project Vision and Concept
AnT Sculpture and Design proposes a series of sculptural, functional benches for the City of Brisbane’s Artful Bench Program that intentionally integrate art, design, and everyday use across multiple public sites. Our approach is rooted in the belief that functional public artworks, particularly seating, can play an important role in shaping how people experience and connect to place. We envision these benches as engaging, durable, and site specific artworks that support interaction, connection, and reflection while celebrating to the identity of the City of Brisbane.

We are interested in all locations identified in the RFQ and view this opportunity as an opportunity to create several unique pieces while having some cohesive aesthetic qualities. Each bench will be site specific while the overall body of work will be related through materials use and style. We are eager to develop full, site-specific proposals in collaboration with project and community stakeholders to ensure the final designs reflect local values, appropriate use, and collective identity.

Brief of Specific Locations
At Location 1, Mission Blue Center, we would prioritize a larger seating area to accommodate events bigger gatherings. We would make sure our design compliments the existing architecture and shape of the space while connecting to the beautiful views of the space. The forms and materials would visually bridge indoor and outdoor environments, reinforcing the Mission Blue Center as a hub of civic and cultural life.

For location 2, the Brisbane Dog Park, we envision sculptural seating that acknowledges the energy and playfulness of the space. These benches would give the space new character, a place for visitors to rest, as well as a loved photo op. We always balance durability with approachable, playful forms that are resilient in a high-use environment. The designs would consider the unique relationship between people and dogs and become an icon for the Brisbane Dog Park.

At Location 3, Brisbane Community Center, our design approach would focus on creating seating that is comfortable and safe for all ages and possibly have two sizes for children and adults. We would love to engage residents of the area and community center members in this design to create something that is collaborative and meaningful to the people who will experience and use it most.

We would also like to consider the refurbishing of the benches a Brisbane Marina. We are keen on the idea of using a light etching process to clean and create patterns in the benches while incorporating new ceramic elements either as mosaic or as sculptural additions to select areas of the bench. We would be mindful to retain the structural integrity of the benches while enhancing them through new surfacing and architectural ceramic additions.

Artistic Practice and Community Engagement
AnT Sculpture and Design’s public art practice is grounded in deep engagement with place, community, and material. We prioritize listening and research as essential parts of the creative process. For this project, we are committed to collaborating with community stakeholders to understand how each site is used, what stories matter most to residents, and what type of artistic functional seating can best support the spaces.

We believe that public artworks are most successful when communities feel ownership and pride in work.

Through public meetings, site visits, and intentional conversations, we integrate local knowledge, history, and environmental context into the design development process. This collaborative approach would allow the

Page 65 of 752 ends

benches to function appropriately and serve as shared cultural assets that promote a sense of ownership and care.

Materials and Fabrication
Our work is known for its durability and long-term performance in outdoor environments. We specialize in cast and formed concrete, architectural ceramics, mosaic, and carved masonry, all of which are well suited to public spaces with high use and exposure to the elements. For the Artful Bench Program, materials will be selected to withstand weather, vandalism, and long-term wear while maintaining their visual integrity over time.

Each bench will be designed with accessibility and comfort in mind, meeting ADA guidelines and universal design standards. Forms, seat heights, and edges will be carefully considered to ensure usability by a wide range of people. We provide a detailed maintenance schedule and are always available to consult or repair/renew our work.

Our Process
If selected, we begin with site analysis and community consultation to build and refine our concept and design. We prepare drawings, renderings, and material samples for review/approval, and work closely with city staff and project committees. We have all footing and designs approved by engineers/architects to ensure safety and compliance with city standards.

The work would be produced in our studio, shipped to the site, and installed on site. We work closely with local professionals such as masons, concrete professionals, and metal fabricators to install our work. Once completed, we provide documentation and maintenance guidance to support the longevity of the work.

Experience and Capacity
AnT Sculpture and Design brings extensive experience creating public artworks of similar scale, complexity, and budget. We have a strong track record of working with cities, engineers, fabricators, architects, and community partners to deliver projects that meet and exceed expectations.

We are enthusiastic about the opportunity to contribute to the City of Brisbane through the Artful Bench Program. This project represents a meaningful chance to combine functional design, community engagement, and sculpture in a way that enhances everyday life. We would be honored to develop site-specific proposals for all identified locations in collaboration with community stakeholders and city leadership and create public art benches that serve and celebrate the city of Brisbane.

Thank you for your consideration.

Alexis Gregg and Tanner Coleman
AnT Sculpture and Design LLC
www.antsculpture.com

Page 66 of 752 ends

AnT Portfolio

Page 67 of 752 ends

Dragonfly. Brick, mortar, 7 polished concrete slides, 6 benches, exposed concrete ramp, climbing rope wings, dalle de verre windows, steel. 54’ x 42’ x 9’. 2012. Playable Art Park in Sandy Springs, GA.

Page 68 of 752 ends

Frog on a Log. 4’ x 9’ x 4’. Carved brick, metal. 2019. Permanent playable sculpture at the Museum of Arts and Sciences in Macon, Georgia.

Page 69 of 752 ends

Concrete Bug benches. Dimensions vary. Formed polished concrete, metal. 2021. Permanent playable sculpture at the Museum of Arts and Sciences in Macon, Georgia.

Page 70 of 752 ends

Slider Turtle. 3.5’ x 9’ x 6’. Carved brick. 2016. Permanent playable sculpture at the Museum of Arts and Sciences in Macon, Georgia.

Page 71 of 752 ends

Wheat to Wheel. 4’ x 30’ x 6’. 2016. Permanent playable bench at Colton School in Colton, Washington.

Page 72 of 752 ends

In Plein Air Art Park (Boat). Brick, concrete slides, metal, swings. Dimensions vary. 2018. Seven playable sculptures inspired by Monet’s garden in downtown Macon, Georgia.

Page 73 of 752 ends

In Plein Air Art Park (Duck). Brick, concrete slides, metal, swings. Dimensions vary. 2018. Seven playable sculptures inspired by Monet’s garden in downtown Macon, Georgia.

Page 74 of 752 ends

Taiwan IS. Brick, ceramic, cast concrete slide and tunnels. 6.5’ x 40’ x 40’. 2012. Permanent playable installation including Phoenix, Dragonfish, and the island of Taiwan at the New Taipei City Yingge Ceramics Museum. The concept is inspired by the poem “If You Would Ask” by Lee Min-Yung.

Page 75 of 752 ends

Beehive Crocodile. Brick, concrete culverts, wood, mosaic. 5’ x 25’ x 7’. 2011. Permanent playable sculpture at Beehive Montessori School in Fremantle, Western Australia.

Page 76 of 752 ends

Transformation. Brick, metal, concrete, mosaic. 2016. Three sculptures created for Ballard Park in Tupelo, MS as part of an Arts to Heal Grant.

Page 77 of 752 ends

Artful Bench Project – Budget Proposal
Below is a budget proposal for consideration reflecting the design, fabrication and delivery of the Dog Park Bench.
• Artist Fee (30%) – $7,500
• Fabrication / Labor – $14,000
• Materials – $3,500
Total: $25,000
• Shipping (estimated) – $3,500
If shipping costs need to be absorbed within the total project budget, we are happy to adjust the scale and/or complexity of the piece accordingly. This would allow us to reallocate funds toward transportation while maintaining the overall quality and intent of the work.

We are committed to delivering a thoughtful, well-crafted installation and are flexible in refining the project to align with budget priorities.

Thank you!
Alexis Gregg and Tanner Coleman
www.antsculpture.com

Page 78 of 752 ends

Page 1 ends

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 21st day of May, 2026, between the City of Brisbane (“City”), AnT Sculpture and Design (“Artist”), with offices at 2520 Rockbridge Road Macon, GA 31204.

WHEREAS, City requires the services of an artist to design, fabricate and install a work of art, namely an artfully designed bench (“the Artwork”) on public property at the Brisbane Dog Park located at 50 Park Place, Brisbane, CA 94005 (“the Project Site”); and WHEREAS, the Artwork shall include artfully designed seating; 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 May 21, 2026, 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.

Page 79 of 752 ends

Page 2 ends

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
a. The City shall perform all obligations in strict compliance with all terms and conditions in this Agreement.

Page 80 of 752 ends

Page 3 ends

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, 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 qualified conservator for that conservator to provide to the City recommendations as to the Design and Maintenance Plan. Based on those

Page 81 of 752 ends

Page 4 ends

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 $25,000, 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.
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

Page 82 of 752 ends

Page 5 ends

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 conditions at the Project Site that would affect or impede the installation of the Artwork.

Page 83 of 752 ends

Page 6 ends

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
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

Page 84 of 752 ends

Page 7 ends

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;
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;

Page 85 of 752 ends

Page 8 ends

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.

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

Page 86 of 752 ends

Page 9 ends

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.

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

Page 87 of 752 ends

Page 10 ends

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.

7.2 Alteration of Site or Removal of Artwork

Page 88 of 752 ends

Page 11 ends

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.

Article 10 Termination

Page 89 of 752 ends

Page 12 ends

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 credit to the Artist and a copyright notice in substantially the following form: © [Artist’s name, date of publication].

Page 90 of 752 ends

Page 13 ends

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:

AnT Sculpture and Design
2520 Rockbridge Road
Macon, GA 31204
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 to the extent the remainder of the terms, covenants, conditions or provisions of this Agreement are capable of execution.

Page 91 of 752 ends

Page 14 ends

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.

AnT Sculpture and Design

CITY OF BRISBANE
A Municipal Corporation

Jeremy Dennis, City Manager
Approved as to form
Samantha Zutler, Legal Counsel

APPROVED AS TO FORM
Samantha Zutler
City Attorney

Page 92 of 752 ends

Page 15 ends

Exhibit A
Description of Project
See attached proposal.

Page 93 of 752 ends

Page 16 ends

Exhibit B
Payment Schedule
The City shall pay the Artist a fixed fee of $25,000.00, which shall constitute full and complete compensation for all the services performed and material furnished by the Artist under this Agreement.

Payment shall be made in accordance with the following scheduled installments, each installment representing full and final payment for all services and material provided prior to payment thereof:
a. 5% upon the execution of this Agreement, recognizing that the Artist will invest time and expense in preparing the Design as set forth under Section 1.3; b. 15% upon the City’s notification to the Artist of its approval of the Final Design Phase documents as set forth under Section 1.3, including the issuance of all planning and building permits;
c. 30% upon commencement of fabrication
d. 20% upon completion and approval of the fabrication and when the Artwork is ready for delivery and installation at the Project Site as set forth under Section

1.6(a);
e. 30% upon final acceptance of the Artwork by the City as set forth under Section

1.7(b) and approval by the regulatory agency.

Page 94 of 752 ends

Page 17 ends

Exhibit C
Insurance
General
a. The Artist shall procure and maintain for the duration of this Agreement, at the Artist’s expense, insurance in the kinds and amounts as provided in this Exhibit with insurance companies authorized to do business in California. Such insurance shall cover the Artist’s agents, contractors, subcontractors or employees. The City, its officials, employees, agents and contractors shall be named as additional insureds.

The coverage shall contain no special limitations on the scope of protection afforded to the City its officials, employees, agents and contractors. b. The Artist and the Artist’s subcontractors’ insurance coverage shall be the primary insurance as respects the City, its officials, employees, agents and contractors. Any insurance or self-insurance maintained by the City, its officials, employees, agents and contractors shall be in excess of the Artist’s or the Artist’s subcontractor’s insurance and shall not contribute to the Artist’s or the Artist’s subcontractor’s insurance. The coverage shall state that the Artist’s or the Artist’s subcontractors’ insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. c. Prior to undertaking any work under this Agreement, the Artist, at no expense to the City, shall furnish to the City a certificate of insurance with original endorsements affecting coverage for each of the insurance policies provided in this Exhibit. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates must be current and the Artist must submit replacement or renewal certificates of insurance for all the policies expiring during the term of this Agreement. Each certificate shall clearly indicate that the Artist has obtained insurance in the type, amount and classification as specified in this Exhibit and that no material changes, cancellation, suspension or reduction in limits of insurance shall be effective except after [30] days prior written notice to the City. Each certificate shall indicate that the subcontractors are additionally insured or the Artist shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the parties as additional insureds.
d. Any deductibles or self-insured retentions must be declared to, and approved by, the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and contractors.
e. Despite any changes to or cancellation of insurance, the Artist remains responsible for maintaining the required insurance coverage for the duration of the Agreement. f. Failure of the Artist to comply with any of the terms of Article 6 of the Agreement shall be considered a material breach of this Agreement and cause for its immediate termination.

Page 95 of 752 ends

Page 18 ends

Insurance Policies
a. Commercial General Liability insurance policy, written on an occurrence form, including all the usual coverage known as:

1. premises/operations liability

2. products/completed operations

3. personal/advertising injury

4. contractual liability

5. [broad-form property damage]

6. [independent contractor’s liability]
Said policy must provide the following minimum coverage:

1. $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.

2. $2,000,000 annual aggregate
b. Automobile liability insurance policy, including coverage for owner, non-owner, leased or hired vehicles, providing the following minimum coverage:

1. $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage;

2. $2,000,000 annual aggregate
The Artist agrees to keep in good standing a valid driver’s license at all times during the term of this Agreement.
c. Transportation/Cartage insurance all risk. Coverage must include loading, transportation and unloading of the Artwork. If the Artwork is to be loaded, transported or unloaded by a person or entity other than the Artist, the insurance coverage must cover that person or entity. The minimum limit shall be the total amount of compensation paid to Artist through the date of loading under Exhibit B. d. All Risk Installation insurance which covers physical damage to or destruction of the Artwork. If the Artwork is to be installed by a person or entity other than the Artist, the insurance coverage must cover that person or entity. The minimum limit shall be the total amount of compensation paid to the Artist through the date of the beginning of the installation of the Artwork under Exhibit B.
e. Worker’s Compensation and Employers’ Liability insurance in accordance with the statutory requirements of the State of California, providing coverage for any and all employees of Artist. The Artist shall require all subcontractors to carry this coverage also. The minimum coverage for the Worker’s Compensation and Employers’ Liability insurance shall be $[100,000].
f. If, however, the Artist does not have any employees as defined by state statutes and regulations and does not wish to cover him/her/itself for Worker’s Compensation, the Artist shall sign the following statement:

[“I do not have, nor intend to have for the full term of this Agreement, any employees. Furthermore, I do not wish to obtain or be covered under any Worker’s Compensation insurance coverage and, therefore, am signing this statement in lieu of providing the above require Worker’s Compensation coverage.”

Page 96 of 752 ends

Page 19 ends

___________________________
(Artist’s signature)
___________________________
(Print Artist’s name)
The requirement for Worker’s Compensation and Employers’ Liability insurance shall be waived in writing upon submission of this signed statement by the Artist to the Owner.

Page 97 of 752 ends

City Of Brisbane
Artful Bench Program
Luminous Waveforms
Phil Spitler and Victoria Mara Heilweil
[email protected]
(510) 918-4631
luminouswaveforms.art

Page 98 of 752 ends

Letter of Interest
We are interested in creating a bench for the City of Brisbane Artful Bench Program. This opportunity aligns with our goal of making stunning and engaging public seating. Our sculptural seating, Luminous Waveforms, uses parametric design techniques to evoke waves that move across the bench. The design strategy highlights the intersection of the social and the aesthetic, while simultaneously being functional and comfortable. The seating is both a utilitarian and sculptural object. Since 2016, we have designed and fabricated nineteen custom Luminous Waveforms benches. The seating can also be accompanied by an optional, integrated custom light score to enliven and illuminate the benches in the evening. Luminous Waveforms seating is striking day and night, with or without lighting.

Our approach is to start by modeling the bench using 3D CAD software. Once we have a design we are happy with, we move to a ⅓ scale prototype to look at the bench in a physical form. We then often make small tweaks to the design and do a second prototype. Once the design is finalized, the individual slices are CNC cut and the edges are rounded. Each slice is then individually sanded before assembling the pieces using stainless steel rods.

All components are fully weatherproof and easy to maintain.

We have created outdoor public art benches for a park in San Francisco, Arts Los Altos and the City of Indio. Los Altos and Indio were both fabricated with Acre, a sustainable, weatherproof and bug proof outdoor material. The color does not fade or darken over time and thus are simple to maintain. Arts Los Altos commissioned three benches: 5’, 10’ & 12’. The larger 12’ size allowed for a more complex design, and we are eager for another opportunity to create a bench in this dimension. The seating has been outdoors and lovingly sat upon for the past three years with no issues.

When the City of Indio commissioned us to create two 8’ benches for their downtown area, they requested that we include a hump in the bench to combat people sleeping on top of it. This was an interesting challenge to integrate the hump seamlessly into the design. Those benches were functional, but still retained our core aesthetic. Indio has temperatures up to 125 degrees and the Acre material has been unaffected by the extreme heat.

Lakeside Landing was a commission of an 8’ bench to be placed in a small community park created from repurposing an underutilized parking lot in San Francisco. The park has a nautical theme that paired well with the waves inherent in our design language. The park is heavily utilized by families and a wide range of ages. The playfulness of the overall aesthetic of the park was also echoed by our seating. Due to the strong blue color used throughout the park, we fabricated a bench from phenolic plywood as it was available in a blue surface.

Our previous experience, design aesthetic and passion for engaging public seating are strongly aligned with your RFP and it immediately caught our eye. As community minded artists, living and working only 15 minutes from Brisbane, we have connections to your city through Joe Joe Martin and Erin Becker. They invited us to participate in the Brisbane Festival of Lights for the past three years, and it was how we discovered the strong connection Brisbane residents have to the city. We are confident that we would produce eye catching, durable and sustainable artistic seating for The City of Brisbane Artful Bench Program.

Page 99 of 752 ends

Resume

EXHIBITIONS
2026 THE ART OF SAN FRANCISCO, San Francisco, CA
2025 GARDEN OF D’LIGHTS, Walnut Creek, CA
2025 AUTUMN LIGHTS FESTIVAL, Oakland, CA
2025 KARL, San Francisco, CA
2024 AUTUMN LIGHTS FESTIVAL, Oakland, CA
2024 RESONANCE IN LIGHT, Heron Arts, San Francisco, CA
2023 NAPA LIGHTED ARTS FESTIVAL, Napa, CA
2022 OAKLAND FESTIVAL OF IMMERSIVE ARTS, Oakland, CA
2019 TEMPLE OF DIRECTION, Burning Man, Black Rock City, NV 2019 WATER MUSIC, DZINE Gallery, San Francisco, CA
2017 NIGHTLIFE LIVE, California Academy of Sciences, San Francisco, CA
2017 AUTUMN LIGHTS FESTIVAL, The Gardens at Lake Merritt, Oakland, CA
2018 stARTup Art Fair, San Francisco, CA
2017 LUMINARY ART.TECH.MUSIC, The Midway, San Francisco, CA 2017 MAKER FAIRE, San Mateo County Event Center, San Mateo, CA 2017 MANUAL DIGITAL, Space 151, San Francisco, CA
2016 AUTUMN LIGHTS FESTIVAL, The Gardens at Lake Merritt, Oakland, CA
2016 FRIENDS AND FAMILY MUSIC FESTIVAL, Saratoga Springs, CA 2015 NIGHT LIVE, California Academy of Sciences, San Francisco, CA 2012 REACHING FOR THE TOP, ZERO1 Biennial, San Jose, CA 2012 FRIENDS AND FAMILY MUSIC FESTIVAL, Saratoga Springs, CA GRANTS
2024 MORE THAN 2 BLOCKS OF ART, San Francisco, CA
2024 VACANT TO VIBRANT, San Francisco, CA
2016 TEMPLE OF DIRECTION, Burning Man Festival, Black Rock City, NV
2016 FRIENDS AND FAMILY MUSIC FESTIVAL, Saratoga Springs, CA
2012 ART HERE, ZERO1 Biennial, San Jose, CA
2012 FRIENDS AND FAMILY MUSIC FESTIVAL, Saratoga Springs, CA

ART FAIRS
2024 SAN FRANCISCO ART FAIR, San Francisco, CA
2024 INTERSECT ART & DESIGN, Palm Springs, CA
2024 FOG FOCUS, San Francisco, CA
2023 UNTITLED, Miami, FL

PUBLIC AND PRIVATE COMMISSIONS
CITY OF INDIO, Indio CA
LAKESIDE LANDING, San Francisco, CA
FOUR ONE NINE, San Francisco, CA
JONATHAN CARVER MOORE GALLERY, San Francisco, CA
J RESORT HOTEL AND CASINO, Reno, NV
ARTS LOS ALTOS, Permanent Collection, Los Altos, CA
BOSTON ART, Boston, MA
SOBRATO FAMILY, Private Commission, Hillsborough, CA
WONDERSPACES MUSEUM, Permanent Collection
Luminous Waveforms is the collaborative art practice of Phil Spitler and Victoria Mara Heilweil. Bringing fine art and creative technology together, they produce experiential works of art incorporating innovative technologies in the design, fabrication and aesthetics. Based in San Francisco, the artists are inspired by community engagement with their creations.

Heilweil (MFA California College of the Arts) is also a lens-based artist and independent curator, and Spitler is a Creative Technologist and partner at Bonfire Labs, a boutique content creation company in San Francisco.

References:

Shannon Riley
CEO, Founder
Building 180
www.building180.com
[email protected]
(508) 523-4944
Maddy McBirney
CoDirector
Arts Los Altos
www.artslosaltos.org
[email protected]
(650) 867-0051

Page 100 of 752 ends

Proposal
Our proposal is for the Mission Blue Center (Location 1). We chose this location due to the natural setting. Our Luminous Waveforms benches are an imaginative interpretation of seating, transforming a simple act into an uplifting experience.

The organic curves echo nature, and will create a visual conversation with the surrounding hills. It will be a unified aesthetic that allows visitors to be able to sit and admire the views of San Bruno Mountain. The seating is a light color that harmonizes with the tonality of the site, and creates a warm and inviting place to rest and converse.

Given the scale of the site, we propose to create a 12’ long x 4’ wide x 20” high bench. Our design will be without a back so that people can sit facing in any direction on the bench. We have found that this style works best for public art commissions (such as Los Altos). By placing the bench more centrally in the site, visitors would be able to appreciate both unique sides of the design. All our benches are asymmetrical and one of a kind. Our site specific bench will be inspired by the undulations in the landscape.

The seating encourages engagement with its dynamic form, inviting interaction and contemplation As the site hosts many community and private events, the seating stimulates conversation and affords a visually compelling place to sit. The benches are sturdy enough to hold a group of people easily, and appeals to all ages. Children, in particular, are drawn to the whimsical form, while adults admire the artistry and craftsmanship.

As mentioned in our Letter of Interest, Luminous Waveforms seating has the option of internal LED lighting. This option may be evaluated if the site hosts evening events and adequate power is available. If internal illumination is requested, we would create a custom light score for this site. Not all of our public and private commissions have included lighting, for example Lakeside Landing. As a functional sculpture, the optional lighting is not critical for the success of our benches.

The bench would be fabricated from Acre, our time tested, sustainable and weatherproof material. If optional lighting is requested, we use weatherproof electronics that have also stood the test of time. We fabricate and assemble the benches off site in San Francisco. Installation is very straightforward and only takes a few hours. We have a delivery team that we trust and have used in the past that will transport and place the bench under our supervision. We have installed these benches using only dollies and a lift gate on the truck, but may use a pallet jack if needed to move the bench into place.

As each of our art benches are custom designed, the following examples of representative work we feel is the best way to visualize our proposal.

In conclusion, we see a strong visual connection between the Mission Blue Center location and our design aesthetic. The forms and tonality would harmonize with the surrounding landscape and feel as if it belongs there. The comfort and functionality of our Luminous Waveforms seating has ten years of experience behind it. We look forward to the opportunity to collaborate with you on this proposal.

Artist Mockup

Page 101 of 752 ends

Images of Original Representative Work (1/10)
Two Acre benches commissioned for the city of Indio. These were part of a strategic plan to bring public artworks to the downtown area in order to revitalize it. This design includes a hump in the center to discourage sleeping, which we integrated into the overall aesthetic.

Date: 2024
Location: Indio, CA
Size: 6’ x 4’ x 4’ each

Page 102 of 752 ends

Images of Original Representative Work (2/10)
Phenolic plywood bench commissioned for Lakeside Landing, a community park. The whimsical nautical theme and color is echoed in the seating design.

Date: 2024
Location: San Francisco, CA
Size: 8’ x 4’ x 20”

Page 103 of 752 ends

Images of Original Representative Work (3/10)
Daytime view of two sculpted Acre art benches located in Village Park, Los Altos. Commissioned by Arts Los Altos and in their civic public art permanent collection.

Date: 2025
Location: Los Altos, CA
Size: 12’ x 4’ x 20” & 10’ x 4’ x 20”

Page 104 of 752 ends

Images of Original Representative Work (4/10)
Night view of two Acre sculpted art benches located in Village Park, Los Altos. Commissioned by Arts Los Altos and in their civic public art permanent collection.

Date: 2025
Location: Los Altos, CA
Size: 12’ x 4’ x 20” & 10’ x 4’ x 20”

Page 105 of 752 ends

Images of Original Representative Work (5/10)
Daytime view of Acre art benches in downtown Los Altos. This seating installation is comprised of three benches totalling 27’. The seating was part of an initiative to bring more life to this well used passageway. Commissioned by Arts Los Altos and in their civic public art permanent collection.

Date: 2023
Location: Los Altos, CA
Size: 12’ x 4’ x 20” & 10’ x 4’ x 20” & 5’ x 4’ x 20”

Page 106 of 752 ends

Images of Original Representative Work (6/10)
Side detail view of Acre sculpted art bench in downtown Los Altos. Commissioned by Arts Los Altos and in their civic public art permanent collection.

Date: 2023
Location: Los Altos, CA
Size: 12’ x 4’ x 20”

Page 107 of 752 ends

Images of Original Representative Work (7/10)
Dusk view of Acre illuminated, sculpted art bench in downtown Los Altos. This seating installation is comprised of three benches totalling 27’. Commissioned by Arts Los Altos and in their civic public art permanent collection.

Date: 2023
Location: Los Altos, CA
Size: 10’ x 4’ x 20”

Page 108 of 752 ends

Images of Original Representative Work (8/10)
Baltic birch plywood sculpted art bench at the Napa Lighted Arts Festival. Two benches were placed in a busy location outside of the Oxbow Public Market.

Date: 2023
Location: Napa, CA
Size: 8’ x 4’ x 4’

Page 109 of 752 ends

Images of Original Representative Work (9/10)
Installation of two baltic birch plywood sculpted art benches at the Napa Lighted Arts Festival. The benches were placed in a busy location outside of the Oxbow Public Market. You can see in this photograph how many people can comfortably sit on each 8’ bench.

Date: 2023
Location: Napa, CA
Size: 8’ x 4’ x 4’ each

Page 110 of 752 ends

Images of Original Representative Work (10/10)
Installation of two stained marine plywood sculpted art benches for a private commission.

Date: 2018
Location: Hillsborough, CA
Size: 8’ x 4’ x 4’ each

Page 111 of 752 ends

Thank You
luminouswaveforms.art

Page 112 of 752 ends

City Of Brisbane
Artful Bench Program
Sealed Fee Proposal
Luminous Waveforms
Phil Spitler and Victoria Mara Heilweil
[email protected]
(510) 918-4631
luminouswaveforms.art

Page 113 of 752 ends

Sealed Fee Proposal
This budget includes all costs associated with the proposed bench design, fabrication and installation.

Artist Fee $8000
Materials $6000
Prototyping $1200
Fabrication $4700
Art Assistant $700
Engineering $500
Transportation $2000
Installation $1000
Total Cost: $24,100

Page 114 of 752 ends

Thank You
luminouswaveforms.art

Page 115 of 752 ends

Page 1 ends

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 21st day of May, 2026, between the City of Brisbane (“City”), Luminous Waveforms (“Artist”), with offices at 1497 Palou Avenue, San Francisco, CA 94124.

WHEREAS, City requires the services of an artist to design, fabricate and install a work of art, namely an artfully designed bench (“the Artwork”) on public property at the Mission Blue Center located at 475 Mission Blue Drive, Brisbane, CA 94005 (“the Project Site”); and WHEREAS, the Artwork shall include artfully designed seating; 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 May 21, 2026, 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

Page 116 of 752 ends

Page 2 ends

1.2 City’s Obligations
a. The City shall perform all obligations in strict compliance with all terms and conditions in this Agreement.

Page 117 of 752 ends

Page 3 ends

Page 118 of 752 ends

Page 4 ends

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 $24,100, 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.

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.

Page 119 of 752 ends

Page 5 ends

Page 120 of 752 ends

Page 6 ends

Article 2. Terms of Agreement
a. Duration
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

Page 121 of 752 ends

Page 7 ends

Article 4 Artist’s Representations and Warranties

Page 122 of 752 ends

Page 8 ends

i. these representations and warranties shall survive the termination or other extinction of this Agreement.

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

Page 123 of 752 ends

Page 9 ends

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.

Page 124 of 752 ends

Page 10 ends

Article 7 Artist’s Rights

7.2 Alteration of Site or Removal of Artwork

Page 125 of 752 ends

Page 11 ends

Article 10 Termination

Page 126 of 752 ends

Page 12 ends

Page 127 of 752 ends

Page 13 ends

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.

For the City:

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

Luminous Waveforms
1497 Palou Avenue
San Francisco, CA 94124
Notice shall be deemed effective on the date personally delivered or, if mailed, [three (3) days] after the postmarked date.

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.

Page 128 of 752 ends

Page 14 ends

LUMINOUS WAVEFORMS

CITY OF BRISBANE
A Municipal Corporation

Jeremy Dennis, City Manager
Approved as to form
Samantha Zutler, Legal Counsel

APPROVED AS TO FORM
Samantha Zutler
City Attorney

Page 129 of 752 ends

Page 15 ends

Exhibit A
Description of Project
See attached proposal.

Page 130 of 752 ends

Page 16 ends

Exhibit B
Payment Schedule
The City shall pay the Artist a fixed fee of $24,100.00, which shall constitute full and complete compensation for all the services performed and material furnished by the Artist under this Agreement.

1.6(a);
e. 30% upon final acceptance of the Artwork by the City as set forth under Section

1.7(b) and approval by the regulatory agency.

Page 131 of 752 ends

Page 17 ends

Page 132 of 752 ends

Page 18 ends

Insurance Policies
a. Commercial General Liability insurance policy, written on an occurrence form, including all the usual coverage known as:

1. premises/operations liability

2. products/completed operations

3. personal/advertising injury

4. contractual liability

5. [broad-form property damage]

6. [independent contractor’s liability]
Said policy must provide the following minimum coverage:

1. $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.

2. $2,000,000 annual aggregate
b. Automobile liability insurance policy, including coverage for owner, non-owner, leased or hired vehicles, providing the following minimum coverage:

1. $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage;

Page 133 of 752 ends

Page 19 ends

Page 134 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com Table of Contents
Letter of Interest.........................................................................................................................................................2 Resume....................................................................................................................................................................... 3 Proposal & Renderings............................................................................................................................................. 5 Project Description................................................................................................................................................. 5 Artistic Vision & Community Impact....................................................................................................................... 5 Renderings........................................................................................................................................................ 6 Images of Original Representative Work............................................................................................................... 10

Page 135 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com Letter of Interest
Dear Noreen and Angel,
My name is Chris Granillo. I am a Bay Area-based fi ne artist and muralist best known for creating bright and bold graphic artworks of themes found in nature. My belief that art is necessary for one’s well-being and nourishment underlies my approach to public art as a public service. Large-scale depictions of fl ora and fauna standing confi dently and brightly in their natural environments aim to uplift people’s daily lives and to evoke the feeling that beauty can exist all around us.

My public art practice is motivated by making nature accessible at times and in places one would least expect it.

Through this lens, I center themes that resonate with and arouse a wider audience to refl ect on our relationship to nature, to enrich and transform public spaces and other functional objects into openly accessible canvases that spark joy and provide reprieve.

My proposal for this project is entitled “Wonders of Waterfront Wildlife” and builds upon previous public art offerings capturing the playfulness and wonder within California’s wild and aquatic life. This waterfront bench mural project offers an opportunity to enhance Brisbane’s public spaces through art to assert the belonging of the local fl ora and fauna, foster community engagement and pride, and enhance the waterfront’s natural beauty.

This project closely aligns with my public art practice showcasing California’s native fl ora and fauna as a means to celebrate and inspire wonder, to imagine and shape a community's identity, and to refl ect back its values and character. I worked with local governments, neighborhood associations, and organizations across the Bay Area and California more broadly, to bring my bold and bright works of art to their local communities’ doorsteps. My most recent and largest projects include a series of unifying pieces in San Francisco’s West Portal Neighborhood, interactive aquatic-themed crosswalk murals inaugurating San Francisco’s Sunset Dunes Park, and Emeryville’s longest mural, featuring local birds, insects, and butterfl ies. Through these collaborations and others, I have refurbished and transformed park benches, stairs, utility boxes, and pianos in parks, stimulating the public’s imagination of new possibilities and different worlds.

These projects demonstrate my ability to work at various scales, collaborate with public agencies, create artwork that enhance both the functional and aesthetic value of public spaces, and are durable for long-term public use and relevance. I would be honored to contribute to the city’s visual landscape and create inviting works of art where Brisbane’s residents and visitors can sit, refl ect, and connect to the natural beauty around them.Thank you for your time and consideration. I look forward to partnering with you on this exciting opportunity.

Best,
Chris Granillo
Lead Artist, Chris Granillo Art

Page 136 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com Resume

SELECT COMMUNITY-BASED AND PUBLICLY FUNDED PROJECTS
2025 “West Portal Community Beautifi cation Murals” San Francisco, CA Series of murals celebrating the long history of the community and encouraging youth empowerment through reading and learning. Funded by San Francisco StreetSmARTS; sponsored by District 7 Supervisor, in collaboration with Greater West Portal Neighborhood Association. (680 sq. ft.) 2025 “Octopus and Jellyfi sh Interactive Crosswalk Murals” San Francisco, CA Two interactive murals on crosswalks refl ecting the unique character and history of the Sunset and Ocean Beach. Funded by Building 180, in collaboration with Friends of Ocean Beach Park, inaugurating opening of the park. (1870 sq. ft)
2024 “Secret Garden” Emeryville, CA
Mural to generate awareness in EmeryTech’s environmental conservation and protection projects, and uplifting Emeryville as a leader in environmental stewardship. Funded by City of Emeryville, in collaboration w/ EmeryTech. (5,500 sq. ft.)
2023 “Your Existence is Your Resistance” Santa Cruz, CA Student-initiated mural on stairs leading to the science building, celebrating and giving LGBTQ+ BIPOC students on campus a sense of belonging and representation to STEM majors. Funded by El Centro Chicanx Latinx Resource Center at UC Santa Cruz. (420 sq. ft.)
2022 “Stairs of Equality: Si Se Puede” Santa Cruz, CA
Mural painted on the stairs leading to the Oakes Student center, celebrating the achievements and history of Latinx students at UCSC. Funded by Oakes Center at UC Santa Cruz, in collaboration with muralist Victor Cervantes. (480 sq. ft.)
2021 “You’re on Ohlone Land” Oakland, CA
Mural created as a Land Acknowledgement by Restore Oakland an organization working within the local community to provide space to cultivate solidarity, restorative economics, and healing justice in their neighborhoods.In collaboration with and funded by Restore Oakland. (32 sq. ft.) 2020 “Hands of Healing” Oakland, CA
Mural asserting care for the community and the land, rendered in the trompe l'oeil realist style.In collaboration w/ School of Thought, Dragon School, and Nano, Inc. (112 sq. ft.) 2020 “Angela Davis & Dolores Huerta” Oakland, CA
Mural celebrating Angela Davis and Dolores Huerta, women leaders of the Chicano and Black Power movements who have spent their lives fi ghting for justice and freedom. Commissioned by A Taste of Denmark Bakery. (150 sq. ft.)
2019 “Dance the Town” Oakland, CA
Mural in collaboration with Gritty City Repertory Youth Theater. (72 sq. ft.)

Page 137 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com

SELECT AWARDS
2025 San Francisco StreetSmARTS program San Francisco, CA 2024 Visual Arts Grant Recipient Emeryville, CA
2020 “Celebrating Essential Workers: The Backbone of our Community” Oakland, CA Dia de Los Muertos 2022 Poster Contest, hosted by Unity Council 2020 “The Bee”, “The Butterfl y” and “The Heron” Murals Oakland, CA Utility Box Project Award
2018 San Leandro Utility Box Project Award San Leandro, CA

SELECT SOLO & GROUP EXHIBITIONS
2025 Califas, Solo Show, Dear John Oakland, CA
Together We Rise, Prism Art Space Sacramento, CA
Skate, 111 Minna Gallery San Francisco, CA
2024 Wonderland , Mirus Gallery San Francisco, CA
Roots & Rituals, San Pablo Community Center San Pablo, CA 2022 Paint the Void San Francisco, CA
2021 111 Minna Gallery San Francisco, CA
Eye and Hand Society San Francisco, CA
Rock Paper Scissors Gallery Oakland, CA
2020 Archer Gallery Oakland, CA
2019 Mae Macau Exhibition Macau, China
2017 Bunk Spot Gallery Cincinnati, OH
2016 Amor Eterno Gallery Oakland, CA
2015 Mythos Gallery Berkeley, CA

SELECT MEDIA INTERVIEWS & FEATURES
● Alan Chazaro, "The Streets Stay Talking: Oakland’s pandemic street art, one year later", 1 Dec 2021, East Bay Express, https://eastbayexpress.com/the-streets-stay-talking-oaklands-pandemic-street-art-one-year-later/ ● East Bay Artists 2021, Limited Edition Book, Artpush.org, https://artpush.org/east-bay-art-book-2021/

Page 138 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com Proposal & Renderings
Mural Proposal Title: Wonders of Waterfront Wildlife
Location Proposal: Location 4 - Brisbane Marina, 400 Sierra Point Parkway, Brisbane, CA 94005 Project Type: REFURBISH
Project Description
I am proposing a series of six hand-painted murals on the six benches facing the Brisbane waterfront. The artwork will feature a vibrant wild- and marine-life theme, celebrating the natural beauty of the bay and shoreline. Each bench will feature have its own scene but the designs will be unifi ed in color schemes and signature motifs found in my work and include an octopus, colorful fi sh, coral, waves, herons, butterfl ies, sea otter and other sea life, painted in a colorful, engaging style that complements the surrounding water and landscape.

The designs are inspired by Brisbane’s waterfront, and aim to draw attention to the rich marine ecosystem and to encourage viewers to pause, observe, and connect with nature while enjoying the view.

Artistic Vision & Community Impact
These benches are places of rest, refl ection, and gathering. By transforming them into functional works of art, the project will enrich public space and create a welcoming setting for families, residents, and visitors. The goal is to create pieces that are both playful and meaningful to Brisbane, to invite people of all ages to sit, admire the scenery, and creatively engage with the natural setting.

This project aligns with my artistic practice of creating accessible public art that encourages slowing down, observing nature, and fostering imagination and connection within shared community spaces.

Materials & Longevity
To ensure durability and longevity, I will use:
● Professional-grade mural paints
● Protective UV-resistant varnish
● Anti-graffi ti coating to protect the artwork from vandalism and weather.

These materials are chosen to withstand outdoor conditions and ensure the artwork can be enjoyed by the community for years to come.

Page 139 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com Renderings
BENCH #1: DEEP SEA EXPLORATION
(BACK)
(FRONT)
BENCH #2: OCTOPUS W/ WAVE
(BACK)

Page 140 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com (FRONT)
BENCH #3: HERON IN THE BAY
(BACK)
(FRONT)

Page 141 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com BENCH #4: SAILING IN THE STARS
(BACK)
(FRONT)
BENCH #5: WONDERS OF THE SEA
(BACK)

Page 142 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com (FRONT)
BENCH #6: MONARCHS OF BRISBANE

Page 143 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com Images of Original Representative Work
Secret Garden (2025, portion, 5500 sq. ft.) | Emeryville Cliff House Octopus | San Francisco, CA

Page 144 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com Stairs of Equality: Si Se Puede (2022, 480 sq. ft.) | UC Santa Cruz

Page 145 of 752 ends

Page 146 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com Monarch in Bloom (2025) | San Francisco, CA
Roaming Sutro Tower (2025) | San Francisco, CA

Page 147 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com Hummingbird in Flight (2025) | San Francisco, CA
Memories of Monarchs in Ocotillo Park (2024) | Cathedral City, CA

Page 148 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com “Wonders of Waterfront Wildlife” Bench Murals
Artful Bench Program Fee Proposal
Table of Contents
Context..................................................................................................................................................................................1 Proposal Details and Aims................................................................................................................................................. 1 Timeline*.............................................................................................................................................................................. 1 Materials............................................................................................................................................................................... 4 Work to be completed........................................................................................................................................................ 4 Responsibilities to be Performed by Lead Artist.............................................................................................................4 Context
This Fee proposal is for the installation of six (6) hand-painted murals on Brisbane’s waterfront. As described in the RFP, the benches are located at the Brisbane Marina, adjacent to the Bay trail and serve as a place of respite and sightseeing for those visiting Sierra Point. The benches are greatly worn out due to the harsh conditions of the marina. The refurbishment and beautifi cation of the benches promises to create an enduring and inviting attraction that residents and visitors of all ages will come to enjoy for years to come.

Proposed Details & Objectives
The proposal is to create six hand painted primarily aquatic-themed murals on the back and front of each bench. The design of each bench will be anchored by a different local creature within its natural environment, in bright and bold colors. The benches’ designs will be unifi ed by color scheme, style, and signature motifs that signify the continuity of life and connection to nature that is found throughout my body of work. Taking into consideration the location’s harsh environment and the current condition of the existing benches, this project proposes the following objectives:

1. To add vibrancy to the location that complements its existing natural beauty.

2. To be an inviting and welcoming part of the City for residents and visitors to utilize and frequent for their enjoyment and respite.

3. To inspire a deep connection to Brisbane’s waterfront wildlife and to nature more broadly.

4. To seal and coat each bench to maintain their structural integrity and the brightness of the artworks.

Timeline*
Installation of artworks on benches will commence upon fi nal approval of the designs and clearance from relevant city entities. Weather permitting, the project will be completed in no later than 45 days from commencement date. Each bench will take approximately 5-7 days to complete preparation of surfaces, painting, application of protective coatings, and clean up. The following tentative schedule is being proposed, pending approval:
- Days 1 - 5: Bench #1 - North end of the site between Dock 6 and the Fishing Pier - Days 6 - 10: Bench #2 - North end of the site between Dock 6 and the Fishing Pier

Page 149 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com - Days 11 - 15: Bench #3 - North end of the site between Dock 6 and the Fishing Pier - Days 16 - 20: Bench - North end of the site between Dock 6 and the Fishing Pier - Days 21 - 25: Bench #5 - South end near Dock 1
- Day 26 - 30: Bench #6 - South end near Dock 1
*The timeline is based on full work 6-8 hour workdays once the project has been approved by the City of Brisbane.

PROJECT BUDGET AND EXPENSES
Category Item Amount Description
Materials, Equipment
& Supplies
Anti-moisture exterior sealant primer $ 200.00
Golden or Nova acrylic mural paint $ 1,000.00
Painting Supplies $ 2,000.00 paint rollers, fi ne art paint brushes, palettes, rolling trays
Protective Gear and Supplies $ 350.00 tarps, safety cones, refl ective safety vest, nitrile gloves, knee pads
Clean-up Supplies $ 100.00 acetone, rags, wire brushes, shop towels, etc World's Best Graffi ti Coating $ 200.00 anti vandalism coating; two coats each on six benches
Mural Shield Varnish $ 300.00 UV weather resistant varnish; two coats each on six benches
Paint sprayer $ 30.00
Power Washer $ 150.00
Materials, Equipment
& Supplies Totals
$ 4,330.00
Insurance &
Licensing
Liability Insurance $ 500.00 indemnifying City of Brisbane, bonded up to $1,000,000
City of Brisbane Business License $ 50.00
Insurance &
Licensing Totals
$ 550.00
Contingency Totals Contingency Budget $ 415.00 10% of supplies and equipment totals Artist Fees Chris Granillo - Lead Artist $ 44,705.00 $7450 per bench inclusive of design, surface preparation, installation, coating, and area
clean-up
Artist Fees Totals $ 44,705.00
Total Project Costs $ 50,000.00

Page 150 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com Materials
- White Primer Sealant to bond concrete and seal against moisture degrading the bench structure and paints. - Exterior, Acrylic Mural Paint (Golden or Nova Brand)
- Protective ground coverings - Tarps
- Painting Supplies (paint roller, paint brushes, palette, pump sprayer) - Knee pads
- Mural Shield™
- World's Best Graffi ti Coating™ - Anti-graffi tti coating - Power washer
- Public Safety Cones and Refl ective Vest
Work to be completed
Pursuant to the City of Brisbane’s “AGREEMENT FOR THE DESIGN, FABRICATION, AND INSTALLATION OF PUBLIC ART WORK”, the work being proposed is:
- Preparation of each bench, including power washing off debris, smoothing and fi lling surface roughness to ensure smooth application of protective coatings and paints. - Application of one or more coats of primer to effectively seal the surface that adds a protective layer against the elements.
- Hand-painting using Golden or Nova exterior acrylic mural paint of approved designs on the entirety of the bench’s surface (front, back, sides and legs).
- Application of varnishes to protect against weather and vandalism and ensure longevity of the brightness of the art works.
- Clean up of areas surrounding each bench to pre-installation condition. - Any required reporting to the city.

Responsibilities of Lead Artist
Pre-Installation Phase
- Furnishing fi nal designs for approval for each bench to the City of Brisbane. - Coordinating with relevant City agencies to commence work on respective approved work sites. - Obtaining City of Brisbane Business License.
- Obtaining any permits and approval from relevant City entities for timeline, including directives on when work can commence.
- Indemnifying City of Brisbane in Insurance policy.
- Site-visit to take stock of conditions of benches and availability of amenities (water lines and restrooms) that are necessary for proper installation.
- Procure all supplies and materials.

Page 151 of 752 ends

CHRIS GRANILLO
[email protected] | 510~866~1930 | www.chrisgranilloart.com Installation Phase
The following shall be carried out during the installation phase of each bench to ensure pedestrian safety, and to maintain the integrity of the art works and surrounding areas. - Inspect and smooth any imperfections that will prevent the smooth application of paints and coatings. - Where necessary, clean the surface of debris by hand or power washing. - Apply sealant to create a smooth surface and to protect against degradation by the elements. - Create a clearly marked perimeter of the respective work sites with safety cones and taped down tarps for to ensure pedestrians safety and integrity of the piece.
- Tape “wet paint” notices and/or cover the bench in a protective covering until it is dry. - Lay down protective tarps of the surrounding area from drips and splatters. - Clean up splatters and drips on areas outside each bench. - Apply anti-UV and anti-vandalism varnishes as an additional layer to protect against natural wear and tear by the elements and vandalizers.

Post Installation Phase
- Furnish photos to the City of Brisbane of each side of each bench upon completion. - Be available for minor touch ups up to fi ve years.
- Provide instructions on proper materials and methods to remove graffi ti.

Team Members
- Lead Artist: Chris Granillo
- Design
- Surface prep, including power washing and smoothing where necessary; priming surface - Installation of images on the front and back of each bench - Final coating
- Clean up
- Coordination with city offi cials
- Procurement of permits and licensing
- Procurement of materials and supplies
- Project Manager: Jackie Husary
- Invoicing and Bookkeeping
- Proposal Preparation
- Final reporting

Page 152 of 752 ends

Page 1 ends

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 21st day of May, 2026, between the City of Brisbane (“City”), Chris Granillo (“Artist”), with offices at 1976 Galbreth Road, Pinole, CA 94564.

WHEREAS, City requires the services of an artist to design, fabricate and install a work of art, namely an artfully designed bench (“the Artwork”) on public property at the Brisbane Marina located at 400 Sierra Point Pkwy, Brisbane, CA 94005 (“the Project Site”); and WHEREAS, the Artwork shall include painted murals on (6) existing concrete benches; 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 May 21, 2026, 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

Page 153 of 752 ends

Page 2 ends

1.2 City’s Obligations
a. The City shall perform all obligations in strict compliance with all terms and conditions in this Agreement.

Page 154 of 752 ends

Page 3 ends

Page 155 of 752 ends

Page 4 ends

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 $50,000, 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.

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.

Page 156 of 752 ends

Page 5 ends

Page 157 of 752 ends

Page 6 ends

Article 2. Terms of Agreement
a. Duration
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

Page 158 of 752 ends

Page 7 ends

Article 4 Artist’s Representations and Warranties

Page 159 of 752 ends

Page 8 ends

i. these representations and warranties shall survive the termination or other extinction of this Agreement.

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

Page 160 of 752 ends

Page 9 ends

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.

Page 161 of 752 ends

Page 10 ends

Article 7 Artist’s Rights

7.2 Alteration of Site or Removal of Artwork

Page 162 of 752 ends

Page 11 ends

Article 10 Termination

Page 163 of 752 ends

Page 12 ends

Page 164 of 752 ends

Page 13 ends

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.

For the City:

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

Chris Granillo
1976 Galbreth Road
Pinole, CA 94564
Notice shall be deemed effective on the date personally delivered or, if mailed, [three (3) days] after the postmarked date.

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.

Page 165 of 752 ends

Page 14 ends

CHRIS GRANILLO

CITY OF BRISBANE
A Municipal Corporation

Jeremy Dennis, City Manager
Approved as to form
Samantha Zutler, Legal Counsel

APPROVED AS TO FORM
Samantha Zutler
City Attorney

Page 166 of 752 ends

Page 15 ends

Exhibit A
Description of Project
See attached proposal.

Page 167 of 752 ends

Page 16 ends

Exhibit B
Payment Schedule
The City shall pay the Artist a fixed fee of $50,000.00, which shall constitute full and complete compensation for all the services performed and material furnished by the Artist under this Agreement.

1.6(a);
e. 30% upon final acceptance of the Artwork by the City as set forth under Section

1.7(b) and approval by the regulatory agency.

Page 168 of 752 ends

Page 17 ends

Page 169 of 752 ends

Page 18 ends

Insurance Policies
a. Commercial General Liability insurance policy, written on an occurrence form, including all the usual coverage known as:

1. premises/operations liability

2. products/completed operations

3. personal/advertising injury

4. contractual liability

5. [broad-form property damage]

6. [independent contractor’s liability]
Said policy must provide the following minimum coverage:

1. $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.

2. $2,000,000 annual aggregate
b. Automobile liability insurance policy, including coverage for owner, non-owner, leased or hired vehicles, providing the following minimum coverage:

1. $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage;

Page 170 of 752 ends

Page 19 ends

Page 171 of 752 ends

City Council Staff Report
Meeting Date: May 21, 2026
From: Jeremy Dennis, City Manager, Christina Fernandez, Assistant City Manager
Subject: Approve Emergency Services Council Fiscal Year 2026–27 JPA Budget
Recommendation
Staff recommend approval of the City of Brisbane's FY2026-27 Emergency Services Council-Joint Powers Authority (JPA) budget contribution in the amount of $22,362.

Background
The Emergency Services Council-Joint Powers Authority (ESC-JPA) was established through an agreement between the County of San Mateo and the 20 cities and towns in San Mateo County to provide strategic oversight, budgetary management, and approval for the Emergency Services Council (ESC).

The ESC-JPA coordinates emergency services among members to enhance emergency preparedness and response capabilities within the San Mateo Operational Area. As the coordinating agency, San Mateo County Emergency Management (SMC EM) oversees the countywide hazardous materials response contract that all communities use with increasing frequency and shared law and operational communication channels. The ESC-JPA also delivers programs and capabilities to all member communities that include emergency and local hazard mitigation planning, evacuation planning tools and systems, alert and warning templates, training, systems and expertise, coordinated strategic and emergency communication frameworks and tools and community engagement tools and activities that strengthen preparedness and resiliency.

On April 30, 2026, the ESC reviewed and unanimously approved the FY2026-27 budget of $4.5 million, funded by contributions from the County (41.1%), member cities and towns (42.1%), San Francisco International Airport (8.9%), grants (7.9%), and the Trust Fund.

The approved FY2026-27 JPA Budget includes an approved contribution of $22,362 for the City of Brisbane. This amount is based primarily on population and tax roll data.

Discussion
Approval of the City's contribution will authorize the City's participation in funding the FY2026- 27 JPA Budget and support the continued operations and services provided through the JPA.

Fiscal Impact

Page 172 of 752 ends

The City's Emergency Services Council FY2026-27 JPA contribution is $22,362 and will be funded through the City's FY2026-27 operating budget.

Attachments

1. ESC 2026 Budget
City Manager Approval
Jeremy Dennis, City
Manager
05/13/2026

Page 173 of 752 ends

Page 174 of 752 ends

Page 175 of 752 ends

Page 176 of 752 ends

Page 177 of 752 ends

Page 178 of 752 ends

City Council Staff Report
Meeting Date: May 21, 2026
From: Julia Ayres, Acting Community Development Director Subject: Proposal from HEART for the Ground Lease and
Acquisition of the Visitacion Garden Senior Apartments; Termination of the Brisbane Housing Authority’s Ground
Lease and Related Documents with BRIDGE Housing
Corporation and Brisbane Senior Housing, Inc.

Recommendation
Staff recommend adoption of the attached resolution authorizing the Executive Director of the Brisbane Housing Authority (a) to execute with HEART-SV a Ground Lease, a Memorandum of Ground Lease, Regulatory Agreement, a Loan Agreement, (b) to execute with the BRIDGE Housing Corporation and Bridge Senior Housing, Inc a Termination of Ground Lease and Termination of Declarations of Restrictions/Restrictive Covenants, and (c) to execute all other documents, either as Executive Director or as City Manager of the City Brisbane, to implement the proposal from HEART-SV to acquire the Visitacion Garden Senior Apartment Project, all of such documents to be in a final form as approved by the Brisbane Housing Authority’s General Counsel.

Background
The Brisbane Housing Authority (“Authority”) owns the real property at 2-8 Visitacion Avenue which has been developed with 14 affordable rental units for seniors (Visitacion Garden) and a community room used as the City’s senior center. In 1998, the property, then owned by the (now former) Redevelopment Agency of the City of Brisbane (“RDA”), was leased to and developed by the BRIDGE Housing Corporation (“BRIDGE”),a non-profit housing developer whose purpose is to provide affordable housing for low income persons. The lease runs through January 2028. The RDA also made two loans to BRIDGE totaling $2.5 million to offset predevelopment and construction costs for the project.

In 2000, with the approval of the RDA, BRIDGE assigned its interest in the lease to Brisbane Senior Housing, Inc., (“BSH”), a non-profit organization affiliated with and managed by BRIDGE. (BSH’s purpose, according to its Articles of Incorporation, is “exclusively to benefit and support [BRIDGE]”). Since 2000, BSH has owned the project and, through a variety of management agreements with third parties, operated and managed the 14 rental units. Also in 2000, BRIDGE, with the approval of the RDA, assigned its interest in the two RDA loans to BSH.

In the past three years, City staff, BRIDGE/BSH, and the City Council Housing Subcommittee engaged in discussions on terms for a ground lease renewal with BSH given the 2028 lease sunset date. As a result of those discussions, it was the consensus that the preferred path

Page 179 of 752 ends

forward was to terminate BSH’s leasehold interest early. In 2025 the Authority sent out a Request for Proposals for a new organization to lease and/or manage the property/project.

In response, the Authority received but one proposal from the Housing Endowment and Regional Trust of San Mateo County (HEART), a joint powers authority, the members of which are the cities in San Mateo County (including Brisbane) and San Mateo County. The proposal is actually from HEART and HEART-SV, a separate joint powers authority whose members are HEART and San Mateo County. HEART created HEART-SV as a separate entity for the purpose of holding title to properties that HEART itself would otherwise own, lease, or manage. For simplicity, this report will generally refer to “HEART”.

HEART proposes “acquiring” the Visitacion Garden project and entering into a new 55-year ground lease with the Authority for the project. If such acquisition/lease (and related documents) are approved by the Authority, HEART intends to enter into a management agreement with a third party to operate and manage the day-to-day affairs of the project.

HEART has also proposed to assume most of the existing, outstanding debt on the property and has requested an additional loan amount from the Authority to fund needed capital improvements. These requests are described in detail in the Discussion section below.

The Council’s Housing Subcommittee (Mayor pro temp Davis and Council member Kern) met with City/Authority staff and HEART to discuss the terms and conditions of the HEART proposal and provided direction to staff to negotiate a new ground lease and related agreements with HEART. The proposed Ground Lease (see Attachment 1), a Regulatory Agreement concerning the affordable rents at the project (see Attachment 2), and loan related documents (see Attachment 3) are attached and are described in detail in the Discussion section below.

In addition, if the HEART proposal is approved, because the existing Ground Lease with BSH would be terminated earlier, that Ground Lease and the recorded Restrictions that currently limit rents at the project will need to be terminated, along with reconveying the deeds of trust stemming from the two RDA loans (see Attachment 4). These items are also described in the Discussion section below.

The Housing Authority Board met in closed session on April 16 to discuss these documents and directed staff to place them on the Board’s open meeting agenda for public comment and the Board’s consideration. The HEART Board, the San Mateo County Board of Supervisors, and the BRIDGE/BSH Board are also expected to consider these documents in May.

Assuming that all the affected entities approve the documents, those documents that will need to be recorded will record in June and HEART would assume operation and management of Visitacion Garden at time of recordation.

Discussion
HEART’s proposal (see Attachment 5) is driven by two primary factors:

Page 180 of 752 ends

• An appraisal found the current value of the improvements to be less than the outstanding debt (including principal and accrued interest). • A capital needs assessment found there was a critical need for capital improvements in the near term (1-5 years) as well as in the mid and long term.

The salient terms of the proposed Ground Lease, Regulatory Agreement and related documents are as follows:

Acquisition price, restructured Authority debt, BSH loan forgiveness, and an additional loan from HEART:
• HEART proposes to acquire the improvements on the property (the buildings and all associated features) at the appraised value of the improvements-- $3,290,000 (see appraisal in Attachment 6).
• As of April 30, 2026, the outstanding debt on the property (including the two RDA loans and a smaller loan issued by the County in 1998 for $175,000) totaled $4,329,983.97 in principal and accrued interest.
• Because the appraised value is less than the total outstanding debt, HEART proposed restructuring all three loans and assuming those restructured loans via new loan agreements. The requested new Authority loan would total $3,452,814 and consist of $3,062,564 of the outstanding Authority loans to BSH, and an additional $390,250 for needed capital improvements (see Capital Needs Assessment in Attachment 7), which amount would be funded from the Authority’s Low and Moderate Income Housing Asset Fund. The new Authority loan would have a term of 55 years (the same as the Ground Lease), be repaid from “Residual Receipts” (akin to net operating income) and would accrue 3% interest. The County loan would be restructured from approximately $296,509 to $227,436; the County Board of Supervisors will be reviewing and acting on this restructuring request in May.
• HEART’s proposed RDA loan restructuring would leave $968,068.72 in accrued interest not captured by the new loan.
• BSH has requested that the Authority forgive this accrued interest (see Attachment 8). • In addition, HEART would loan HEART-SV an additional $390,250 also for capital improvements which loan, unlike the Authority or the County loans, would have a 15 year term and would be repaid within 14 years. (See discussion below concerning cashflow and distribution of Residual Receipts.) HEART-SV would also be receiving a “developer fee” of $120,000 for managing and overseeing, over the course of 55 years, the project’s risks, costs, acquisition, financing, and rehabilitation. Of that amount, $60,000 would be distributed to HEART-SV with the close of escrow. The remainder would be paid over the course of the first five years (see discussion below).

Page 181 of 752 ends

Cashflow Distribution for Loan Repayments from Residual Receipts:
• HEART’s payments of the three new/restructured loans (Authority, County and HEART), as well as the remaining $60,000 of the developer fee to HEART-SV, would be paid out from “Residual Receipts.” Residual Receipts are gross income revenues less annual operating expenses such as real property taxes (although the project may be exempt from most real property taxes), insurance, utilities, and professional management services. (As mentioned, HEART-SV intends to contract with a management company to oversee day-to-day operations). Operating expenses include moneys paid into the Capital Replacement Reserve Account, to be used only for capital repairs and replacement. The money deposited into that Account annually, however, is capped as further explained below.
• The remaining $60,000 developer fee is estimated to be paid within the first five years and the $390,250 HEART loan within 14 years. During that 14 year period, only a relatively small percentage of the Residual Receipts will be allocated to the Authority’s and the County’s loans.
• After the developer fee and HEART loan are paid off, starting in year 14 Residual Receipts would then be allocated to the Authority and County loans in proportion to their relative loan balances. Staff notes that HEART has updated the project pro forma from the latest version reviewed by the Housing subcommittee to reflect increased property insurance costs (not related to flood insurance; see discussion below) and increased property management costs, including a provision for on-site presence in the first year of operation. These increases represent approximately $10,000 in additional annual operating costs in Year 1 and approximately $3000 in additional annual operating costs in Year 2 onward. Notwithstanding such allocations, it is doubtful that any of the loans, given accrued interest, would be fully repaid at the end of the 55-year lease term. This is certainly understandable as the rents (which provide the majority of the gross revenues) purposely are being kept very affordable while expenses have no similar limitation. Accordingly, while the Residual Receipts are unlikely to be sufficient to pay off the loans, that is offset by the Authority’s assistance in facilitating affordable rents to 14 senior households for over half a century.
• A Capital Reserve Account would be funded annually at no less than 10% nor more than 20% of the gross revenues. If HEART believes that more than 20% of the gross revenues are required to be placed into the Capital Reserve Account in any given fiscal year, HEART must request approval from the Authority and justify the need for this larger allocation.
• An Operating Reserve Account would also be established. The funds to be placed into this Account shall be maintained at not less than three months of operating costs as shown in the most recent budget. This reserve account is funded at closing and replenished only if such funds are necessary to be used in a given budget year, or if operating expenses increase and additional reserves are needed to meet the minimum three month balance requirement.

Page 182 of 752 ends

Community Room (Sunrise Room):
• Currently the City leases from BSH a portion of the property for the Senior Sunrise Room, which provides a variety of programming and resources to the City’s senior residents. The draft Ground Lease provides that HEART-SV will continue to lease this part of the property to the City for the same purposes, on the same terms and conditions that currently apply. The lease between HEART-SV and the City for the Community Rooms is an exhibit to the Ground Lease and would be signed at the same time as the other documents.

Fiscal Reporting
• The Ground Lease requires that annually HEART-SV provide to the Authority a fiscal report that details the income and expenses for the most recent fiscal year and, at least once every three years, HEART-SV will provide to the Authority an audit of the project’s finances prepared by a certified public accountant. The audit shall delineate the annual Residual Receipts and provide financial and cash flow statements for the past three fiscal years.

Regulatory Agreement
• It is critical that the current tenants at Visitacion Gardens continue to have their rents restricted at affordable rates. Similarly, it is important that future tenants at this project also have their rents restricted. The Regulatory Agreement accomplishes those purposes and proposed rent levels are shown in the table below.

Household Income
Category
% of Area Median
Income
Minimum Units Approx. Monthly
Rent (1-BR)
Extremely Low
Income Households
30% 3 $992
Very Low Income
Households
50% 1 $1849

Page 183 of 752 ends

Brisbane City CouncilMay 21, 2026

Brisbane City Council
May 21, 2026