City Council - Regular Meeting

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Heat. Heat. Heat. Heat. Heat. 10 9 8 Good evening and welcome to the Brisbane City Council meeting of March 5th, 2026. Calling the meeting to order at 6:33 p.m. Please join me in the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

We have no remote attendance under roll call item A. So, city clerk, could we have the roll call, please? Council member Davis, here. Council member Kern, here. Council member Lent here. Council member Okonnell here. And Mayor Mackin here. Report out of close session. City attorney, I understand you have a report for the 332026 close session meeting. Please. Yes, madam mayor. The council met in close session to discuss potential litigation. The council gave staff direction. Thank you, madam mayor.

Thank you very much. We go on to the adoption of the agenda. like to call to your attention. There's a typographical error on the staff report under item O. The date of the council priorities study session should be March 21st rather than 31st. Got it.

That being said, I'd also like to move items M and N. Those are both related to security cameras. I'd like to move those up before item L, which is impact fees. That being said, is there anyone that would like to recommend other changes to the agenda? If not, I'll take a first and second to adopt the agenda as amended. I'll make a motion to adopt the agenda as amended. And a second, please. I'll second. Um, all in favor? I.

Anyone opposed? No. Okay. Thank you. awards and presentations. Tonight, uh, our presenter is California Grants Policy Groups Director of Grant Services, Jake Whitaker. Is Jake here? There we have Jake online. Thank you for joining us, Jake. We're going to let you just take over from here. Thank you. Okay. Absolutely. And then do we have the the slide deck up? We'll have that up.

Okay, perfect. All right. Good evening, mayor and council. It's a pleasure to be here with you tonight. My name is Jake Whitaker. I'm the director of grant services uh for the California Public Policy Group. And for the last uh three and a half going on four years now, I've had the pleasure of working with the city of Brisbane and your team to apply for various regional, state, federal grant opportunities. Next slide. And so just a bit about our team, our uh firm. Uh we started our grant services practice in June of 2021. I was hired on as our first grant writer and since then have been building out uh our consulting practice. We have a great team of uh six folks that we work with uh full-time and uh on a part-time basis and uh including uh former municipal employees, former city manager, uh former city council members. So, we're very well-versed and and have a deep uh rooted background in local government. That's the primary work that we do is working with and supporting local government. Next slide. Uh our firm's areas of expertise run the gamut of all of the various different subject matters that come across uh your desk on the dis and the desk of the city council or the city staff uh that we work with ranging from transportation to fire, water, parks, green space, transit, economic development, all of the various different things that municipal governments uh interact with on a daily basis. Next slide. And just talking a bit about our approach to grant seeking. Uh we really pride ourselves on having strong collaborative working relationships with each organization uh that we have the honor of uh partnering with and we want to make sure that our efforts are rooted in a deep understanding of the unique needs and priorities of your city and every city that we work with. We work uh

diligently to be proactive in identifying funding opportunities that align with those unique needs. Uh we meet with staff on a monthly basis uh for regular check-ins and then in between whenever we have an active project we are on call uh meeting and corresponding as needed um and currently working uh as with our primary contact assistant city manager Christina Fernandez and as we work on applications we uh really strive to have a well- definfined clear progression you know a to-do list um with backwards mapping ing from the due date what each deliverable is, the roles and responsibilities of each person that's involved. And we really also uh try to make sure that we are providing the best strategic council that we can with our in you know intimate understanding of the various different competitive criteria for these grant programs uh to position the city for success when they go out and apply for grants. Next slide. And so over the past uh several years, I think you know a couple of highlights from our work with the city of Brisbane is making sure uh that the city is applying for and receiving uh regional transportation dollars uh through the SMCTA uh and applying for various different you know state federal funding sources as well. We've been active in pursuing uh federal earmarks through the community project funding process which we're currently working on with you all right now and just making sure you know again that we're working to proactively vet funding opportunities and advance the city's priorities as we are able to and as opportunities come up. Next slide. So some of the highlights. Uh so over the past uh three and a half four years we've secured $1.4 $4 million on the city's behalf uh largely in and around transportation. And so, you know,

funding for uh shelter improvements for commute.org riders, funding uh for enhanced evacuation routes uh with the stairway design up in some of those, you know, kind of one way in one way out streets. uh a sustainable transportation planning grant through CALR to do uh sea level rise adaptation studies related to the US 101 and the lagoon and then most recently a $500,000 award through SMCTA uh for bus stop improvements along Beayshore Boulevard. Next slide. And then currently we have uh two applications pending. One is a federal earmark that is currently in the homeland security appropriations bill which is uh currently stalled in the Senate uh for the Glen Park pump station uh renovation project. And then we have a pending application through Callowas and FEMA uh for a backup generator for city hall to keep city hall online in the event of a prolonged outage uh due to a natural disaster. Uh next slide. And so, uh, as I mentioned, we're currently working on federal earmark requests on behalf of the city. These are due to Representative Mullen's office, uh, on the 10th. And so, we have three projects that we, uh, working with staff have identified to move forward. One being the Beayhore Boulevard complete streets project. Uh, second being the Sierra Point pump station for uh, sea level rise adaptation for the uh, Sierra Point in the Marina area. And then the third being the community center remodel. Next slide.

Jake, do you mind if I step in? It's Jeremy just for a quick second. And Angel, would you go back to that previous slide just for a moment? Um, I wanted to point out something that may be obvious to the council members, members of the public. That the second item on here is related to sea level rise. We're um in conversations with Congressman Mullen's office. Um, and Jake, this was just today, so hearing this for the first time. uh we're we do want to apply for this project, but we're going to use a little different language to describe uh what the project is because really it's a flood control project. Um so just want to let you know that we're going to continue with this, but that's what we're doing.

Okay. I will uh pull up my uh write up after this and make sure to make those changes. And so as far as next steps go, you know, in talking with city manager uh Dennis and with assistant city manager Fernandez that u you know, we want to make sure that we are again, you know, rooting our grant-seeking efforts in the needs and priorities of the city. And so looking to refine uh our prioritization with input from council, input from staff, review of the city's capital improvement plan, identifying shovel ready projects and projects that have significant uh community support. And then just on this slide also included, you know, some of the things that we've been looking out for as priorities to this point, you know, subject to refinement. But again, looking at Beayshore Boulevard, looking at the Brisbane Marina, looking at the lagoon, uh the Sierra Point pump station, the Glen Park pump station, uh the the improvements along the Crocker Trail, and then also keeping, you know, our eyes and ears open for opportunities to advance the city's initiatives around sustainability, uh climate, and open space. And so, next slide. With that, uh, that is concludes my presentation and we will go back to the council for questions.

Madame Mayor, um, as you s as you saw in the previous slide, we intend to come back to engage the council further. So, these weren't questions for you tonight, but we do think it's important to bring the council further into the fold as it relates to how we're deploying the resources from CPPG. So, we're excited to be able to do that in the future with you. Um, I just want to thank Jen. the the amount of resources they've been able to bring in in a short period of time is pretty substantial for a community of this size. Um so just a big thank you for for what they do there. Thank you. Um city manager, would you prefer then that we hold questions until they come back next time?

No, I think it's appropriate to ask some general questions that would help for preparation of a future discussion, but we do have a packed agenda tonight. We anticipate about 15 minutes on this item. Okay. All right. Any questions? Council member Davis. No question. Council member Kern, no questions. Council member Lince, I have just a quick question for for Jake. So Jake, I'm curious, you know, thank you for the work that you've been doing on behalf of the city of Brisbane. I'm just curious, you know, how is how is your um how is your company paid, you know, and working with Brisbane? Yeah. So, we're paid on a on a monthly retainer. It's a monthly retainer. Got it. Got it. Got it. Okay.

And so Yeah. And we are on call. uh no no cap on the number of applications and so we are uh you know on retainer and uh available whenever you need us. Okay, great. All right. Uh any wouldn't mind uh the sharing what what's the amount of that retainer, please? Uh $4,500 a month. Okay. Thank you very much. Okay. You're welcome. Council member Okonnell. No questions. Thank you. All right. Thank you, Jake, very much. That was really enlightening. I appreciate that. We hope to see you again. Likewise. It's been a pleasure and I hope you all have a great evening. Okay. Thank you for what you're doing.

All right. We move on to oral communications, the first one of this evening and I need to read the caveat statement. We welcome speakers providing public comment, but please be advised this is a limited public forum. It is therefore important for speakers to stay on topic whether speaking to a particular agenda item or speaking during general public comment. On topic matters are those that are within the subject matter jurisdiction of the city of Brisbane. Speakers, whether during oral communications or on agenda items, will have two minutes tonight. Following these rules helps ensure the city council can get to all the items on the agenda, including hearing public comments on the items. If a speaker fails to follow these rules, they're disrupting the meeting and will be warned. If a speaker continues to ignore the rules or is otherwise disruptive, their opportunity to speak will be ended and they may be precluded from speaking on any other items tonight. And if you wonder, we've had to do this because we have had some disruption to our recent meeting. So, thank you for bearing with me through that. And I have two slips already here. uh members of the public who wish to speak. I'll call these first and then I'll call for anyone else who needs to speak. First one is Carrie Mossing and Lauren Dunford.

Thank you for joining us tonight. Thank you. Um so as many of you know I'm the manager of the Brisbane Library just up the hill. Um, and we just wanted to highlight, uh, we've got a new English as a sing second language class that just launched last week. Um, we got a good turnout, but we've got more space, so we just want to make sure everybody knows about it.

Thank you, Carrie. My name is Lauren Dunford. I am the English teacher at the Brisbane Library. So, I'm excited to be here to promote this great and free service that we provide to the community. Um, aside from group English classes, we also provide one-on-one tutoring for adults. So, any adult that needs help with English language or reading and writing, that includes folks who are native English speakers who just need some literacy support. We match them with a volunteer. Um, we also have conversation clubs, computer skills classes, um, a variety of educational services for adults, all free in our 13 library branches across the county. I have brought some flyers and the flyers are for learners who are interested in coming and participating in our programs and also for volunteers. We have information sessions coming up where we talk about what the experience is like of being a tutor, all of the kind of training that we provide to tutors. Um, and it's just a nice no commitment required way to see what the program is all about before they decide to put in an application and put in the hours of training to become a tutor. Um, so I have the flyers here. If it's permissible, I can leave them somewhere so if any attendees want to pick them up afterwards and I appreciate your time.

Thank you. You might want to leave the flyers. There's a table out in the lobby now that everyone knows. and thank you for bringing this to everyone's attention tonight. Those are popular classes. Thank you. I also have a slip from Chris Florowski. Good evening, Chris. Good evening. And as usual, I have a little show and tell. Thank you. Thank you. This is a two-sided pages from the very thick paper. Wow.

Decided you couldn't have read either side. It would have looked like this. Should we be looking at one particular side first? Um, probably this side that I left on top. Okay. Yes.

Okay. At this moment, it is crit You don't have to look at them now. I'll I'll I'll draw your attention to the things that are important. It's critical for our elected EP representatives to understand and communicate the value of public transportation in the Bay Area. SB63 is coming and citizens need to be able to make an informed decision. We cannot afford misinformation to be influencing the citizens as they prepare to make this decision in November. At the last city council meeting, Nurmackin relayed her understanding of comments made at the CCAG meeting. In those comments, it was stated that BART that a commissioner at the BART meeting had um claimed that there was an increase in staff postcoid and that BART had no answer, no explanation for why the staff had increased. So I went back to the CCAG meeting, listened to it, found out it was a reference to the BART meeting. So I listened to that. But first, I'd like to remind you of what 2020 and 2021 were like as we all struggled to figure out how to adapt to this radical transformation of our lives. How many of you how many of us uh in effect increased your household expenses by hiring contractors? And I mean Instacart with the drivers and the shoppers who would shop on your behalf or Dashtore who would go out and get your meals for you. We all did things that we would never consider we would never previously considered doing in order to survive.

Back to BART. So this insert assertion of an increase in headcount without explanation coming from a BART commissioner who had been in that seat since 2018 was kind of astonishing. Since as those two pages that I've shared with you come from the BART ACFR of 2024, it shows that there is an increase, but it actually the significant increase doesn't come along until what was it 2023? Yes, 2023 to 2024. And that's under construction project management. the otherwise between 2019 and 2024 it kind of slips up it slips down for a head for an organization in excess of 4,000 staff it's not really material until that 2023 to 2024 change takes place in fact between 2019 and the present because the current headcount is 4243 there's a total reduction of 49 seats Chris are you close because we're past 2 Yeah. So, I just want to point out on the other side of the piece of paper, the second bullet in the middle of that page is the explanation for that increase. BART has not declined to explain what the increase was about and essentially it's transferring headcount contractors into permanent staff in their project management arena. So, please understand, for example, our warehouse staff in our warehouse employees in Brisbane cannot work from home. They don't have an option to do that kind of thing. We really need to be able to support public transit. Thank you.

Thank you for the the flyer. We'll we'll look at this later. Thank you. Anyone else wishing to speak? Oral communications, which is any item that is not on tonight's agenda, either someone here. Do we have anyone else online? No, madame mayor.

Okay, last call. Did you want to speak, sir? No. Okay. Thought I saw a hand. All right. Moving on. Uh, we have a consent calendar. I need to recuse from item H. So, I'll make a motion for C through F. I mean, sorry, C through G. And then I and J. Second. All in favor? I I. Anyone opposed? No. Tom, how would you like me? Would you like me to leave the room?

Yeah, you should step out for a moment, please. Since we're just removing this item for a recusal, I'd like to make a motion to approve item H. And a second, please. A second. All in favor? Anyone opposed? No.

Say cler, would you let the No. Thank you. Okay, next we go into old business. First item tonight, item K is a request to reconsider utility payment requirements by Silver Spot Nursery School. Could we have a staff report, please?

Yes, madame mayor, members of the council, thank you very much and good evening. Um, as the council knows, um, last year, Silver Spot, um, and the city negotiated a a new agreement, um, uh, based on the fact that the, uh, previous agreement had been stale for some time, as you can see in the staff report on page 47, there were a number of, uh, new elements, including, um, Silver Spot paying for certain utilities that weren't previously covered. Um, as a result of that meeting, staff was sharing information with Silverspot. And the information that was shared at the time related to the utilities was related to the water bill. When Silver Spot received their first uh utility bill for their consideration of payment in the late fall, they were concerned that it was higher than they anticipated based on the staff uh conversation and that is that is because of um the additional elements related to the bill including the sewer rates. Um, Silverspot requested time tonight to um advocate um for um consideration of a change to this requirement and we are joined tonight by Diana and Jessica uh from Silver Spot um online. Thank you very much for coming and if it's a council's pleasure, I'd like to welcome both of them to present information related to their request.

Are they there? Yeah, Jessica and Diana um will turn your mics on or allow you to speak, I should say. And please, uh feel free to share your thoughts with the council. Jessica and Diane, if you're there, we'll just have you go ahead. Might want to test your mic first. Hi, this is Jessica speaking. Can you guys hear me? Loud and clear. Perfect. Thank you.

Okay, wonderful. Uh so thank you for having us tonight and adding us to the agenda. Um as well as uh you know emailing with us through this process. Um so just kind of um going off what Jeremy said, yes, we realized that our bill would be $500 every other month instead of the projected $500 per year. And that does kind of set us back a lot because we uh you know, we budgeted for the $500 for the year. Now, you know, even though we've raised our fundraising efforts, um with that $500 every other month, we're expecting to pay a $3,000 bill for the year. And um that's going to take away from a lot of our our fundraising that we've already done. You know, as a small nonprofit school, we want to use that those fundraising efforts to fix things in the classroom to do extracurricular activities for the school. Um, we would really like to hire, you know, people to come and and present to the students a bug lady, a magician, and we just haven't been able to do that because postco we were in a bad financial position. And now that we're finally getting on our feet, you know, this water bill was really going to affect us. Diana, do you want to add anything?

Um, no. I think it really comes down to we totally understand that um the change in our lease and to pay for the water and we even though it's going to cause us some hardship but we agreed to it. It just we just cannot agree if it's going to be 3,000 a year. That's basically taking two of our our biggest fundraisers just to pay a water bill. And it just you you know the state of our school. We are just getting back on our feet. We've had a great last year. This year is strong. We expecting a a strong um fall, but um having that $3,000 a year water bill looming over us, um it's it's going to be detrimental to our school.

All right. Thank you very much. Uh council questions. Let's start with council member Okonnell.

So, this is a question for staff and um as as in the um sponsorship requests, we have a total amount that we are um contributing to a particular um nonprofit group. And does staff have that dollar amount for what our our costs are on what we are subsidizing on the school currently? Um I could recreate it during the conversation. I don't have it off hand, but Okay. Thank you, Council Member Kern.

Um first question is for actually all the questions are for staff. Uh so on page two of the staff report, um we've got a table here. Um, I just want to make sure there are no column headings on this table. So, I just want to make sure that I understand this. Left hand side, we've got the billing date. Second column is a meter type. Is that correct? Third column is dollars. Yes. Uh, fourth column is units used. I'm guessing this is how my water bill looks. Correct. Kind of. Okay. Obviously, it's in an active status. And then these are the billing periods. Is that correct?

Yes. Thank you. Um got two notes here. Um I'm going to start out on uh the second page. Uh first paragraph under the table. It says Silver Spott anticipated an additional annual expense of approximately $500. Uh is that $500 a month? $500 a year? What? That was as I understood it that was $500 a year and that was just based on the water component only. So the anticipation was there data provided? Uh I'm just I'm I'm trying to figure out what that means. How was the expectation set?

The the data that the expectation was set because staff provided water data, not full data for the bill. I think that that's all the questions I have for now. Okay, Council Member Lens. Um I think your question was the question that I was going to ask uh Frank, but I just wanted just get clarity

from staff. So when um Silver Spot uh went to the city to understand what the water bill would be, you know, they got this uh this uh breakdown here and that that was all that they received was just the water amounts, not the sewer amounts. Correct. And then when they got their bill, that's the first time that they saw a sewer charge. Correct. Okay. Thank you. Okay. Council member Davis, please. My questions were asked.

Okay. Very good. Um I just would like to revisit what is the current under the terms of the lease the current rent paid by Silver Spot. The increase in rent was uh from 310 to $1,000 monthly rent. And is that allowed to be waved? I don't believe that we wrote I'd have to go back and look. I don't believe we wrote into the new agreement an ability to wave it. Um but we could easily add a add that if that was a council's wishes.

Okay. Because there there was a discussion as I recall a waiver depending on tuition subsidies. They're supposed to be giving that amount equivalent in right scholarship scholarships. So I'm sorry I didn't understand the question. So there's there's no rent if they follow through on the tuition subs. Correct. Okay. All right. Norin is online as well if you have any clarifying questions. Norine.

Yeah. I was just going to affirm that that is correct. So typically the his history of their lease there has been a waiver of rent and that is attributed to the offset of tuition assistance that they provide to the community. So that provision is included within the the current agreement. Okay. Very good. Thank you. Any other further council questions? And uh to answer council member um Okonnell's question um Carolina Yuan who's our finance director is online and she's looking at the subsidies right now to give you the full figure. We can get we can get that information after public comment if we have any.

Okay. Thank you. Public comment. Anyone wishing to make a comment? Michelle, it's no secret that our water bills are really high and we're paying over $300 a month. Two month for two months. But um Silverspot has the burden of watering the lawn at Silverspot Nursery School that doesn't go into the sewer and um that is used by everybody, not just the school. So I think that really needs to be taken into account that they maintain the playground and the and the grounds and the yard and the and the lawn for all of the kids and adults who use silver who use that space. and they're allowed to use that space whether school's in session or not. And yet, Silver Spot Nursery School is responsible for that. So, there should be some little leeway that the fact that they pay to water all of that lawn and keep it up and everything. And I don't know if their water is uh if they're actually measuring their sewer or if it's based on their water usage, but that is like watering your yard and it really shouldn't be counted as part of the sewage charge. So, I don't I haven't seen their bill, but I just want to bring that up in fairness. Thank you.

Thank you. Can I ask Steph a clarifying question? That's what I wanted to as well. Oh, you go ahead. Same thing. Could you verify for us uh could we have someone verify whether in fact they are responsible for watering those grounds? Yes. So, there's two separate water meters there. So, Silver Spot's usage of water for the facility is separated from our landscape irrigation outside. So, they are not those costs are not absorbed in Silver Spots bill. Okay. Uh, one further question on that if I may, Madame Mayor.

So, the uh the table again, I'm going back to the grid that's in the staff report that is just for the meter for Silver Spot. The school usage has nothing to do with irrigation. Is that a true statement? That's true. That is correct. Thank you.

Okay. Anyone else wishing to make public comment? Anyone online? I don't see any hands. Okay. Back to the council. Council discussion. Let's start with council member Davis. Um, well, I I think that part of the responsibility is on us in the way that we communicated to them what their water bill would be. I would think like if I was in their position and I asked, "Well, how much is the water?" I would be assuming that someone would tell me what the whole bill cost. If I said, "Well, what's the electric bill?" I would think someone would tell me, you know, what the whole PG& bill was, what the gas, what the, you know, electricity, the delivery, everything. And so that the water really is one of the smallest fractions of the bill as we know. And so, you know, thinking in a nonprofit context, if I suddenly was expecting to pay $500 out of pocket and now I'm paying close to $3,000 and you're you're coming in with a budget that's barely in the black. That's a significant that's a sign that that is really a significant change and can make a huge impact. And there's a difference between it's almost it's it's actually like us requiring them to pay a whole extra quarter of rent, but the difference here is that they're no money is exchanging hands with the rent because they're giving that in um tuition assistance. And that's a little bit different than, you know, not charging a family the full rate than it is actually having

to shell out 3,000 out of pocket. Um, so, you know, I want to see Silver Spot. We did increase their rent a significant amount, which I think is absolutely fair considering we've not raised it for years and years. I think it's still very reasonable, but I think we need to like give them time to prepare if we want to see them pay this bill ultimately. I think we need to give them some time to budget and prepare and be successful. I'm happy that, you know, they've contributed 500 already. But I think that, you know, part of this responsibility is on us and the way that we communicated the information. And I think if I was in their position and I got the full amount, I would have said right then and there, hey, we can't we can't make this work. So, I'd like to see us give them a little bit of grace. Thank you. Can I ask a clarifying question of staff? when the lease was um put together October 2025. When was the communication with Silver Spot about water made? Before the lease was finalized or after?

I'm not I I don't know that I have that information.

Okay. All right. Thank you, Council Member Okonnell. Um, I have no I agree that if we were give they were given that table to uh disclose what the water charges would be and weren't given the full information, that's a little bit deceptive on the part of our staff and how we drew up the lease agreement and their understanding of what they were agreeing to. Um, so I do agree that we should give them some leadway. I would still like the information on what kind of subsidy in total that we're doing. Um, you know, it's not just the $1,000 a month rent to or that's going to tuition, but there's other amounts that we are subsidizing as far as the building and upkeep and the grounds and all the other things. and and I don't assume that all of the grounds would be attributed to silver spot use um and the cost of that because that is not an exclusive use for them. Um, but just the building itself, I would still like to find that out and I understand if it would not be in this meeting, but I believe when we negotiated this lease, we had it where we were going to come back and revisit it in a year and see how they were doing with um meeting their goals and their financial responsibilities and their tuition and their student enrollment and all those things. And so I would be tenantly tentatively in favor of waving future water and sewer charges until we

can do that lease review. So you're talking one year. I'm not sure when we scheduled the lease review because that would be in probably six months if we were to go from the date of the lease. staff, could you take a look? I believe we signed it in October and brought it back to council. So that's that's when we would have come back. So eight eight nine months from now. Would you say that again?

So I believe that the lease was uh approved by the council in October of last year. So one year would be October of 2026. So if that's want to come back sooner, we could do that. But that's what we were assuming we were going to do. The lease says August 1st, 2025. I'm I'm sorry. I'm in the wrong year right now, aren't I? So, it'll be August. Okay. Yeah, that was October. Okay. But coming back in October would be fine with me. I think it'll be August based on get them through this true to get caught up on what their books and expenses are and those kind of things, not just the day the bell tolls, so to speak.

Sure. Um, but that would be my recommendation. Okay, Council Member Kern. Thank you. Um, I just have one question, one additional question like I always do. Um, so the last sentence here in the staff report says they are request I'm sorry. Um, they're requesting financial relief in order to sustain their partnership for the city. Can someone tell me exactly what the specific ask is? I'm going to defer to Silver Spot. Diana or Jessica? I'm sorry. What What was the question?

Hey Jessica, this is Frank Kern asking the question. Um, I am looking at the last sentence of the staff report and it says they are requesting financial relief in order to sustain their partnership with the city and I'm just wondering what is the specific ask? Well, the ask was to wave our water bill,

the water the complete water bill including freshwater input and sewer output. Well, we wanted to kind of discuss that with you guys and see if there is something we can maybe come to terms with that's that's a better deal. We are willing to pay just the water if you guys take off the sewer. Um because that's taking up the majority of the charge there or the majority of the bill. Um so if there was something that you guys wanted to work out, we're willing to pay something. We just can't afford the $500 every two months through the chair. Let me

Oh, I'm sorry, Jessica. I was going to make a recommendation. Um that since Silver Spot was going to assume the water component and they understood what that was, they suggested we continue with the water component of the bill. Sounds like that the Silver Spot is open to that and the council can then wave the other components of the bill and then when we come back in August, we can have a discussion. So, are we going to They've already paid us 500. So that seems probably like close to what it's going to be for the year. So are we then going to give them a credit back and then we're going to keep collecting or can we just call it good? Carolina have was the bill paid. Carolina may

here. She's online but she may have stepped away. Oh maybe we got it. I can confirm that we paid our water bill. Um, h, also I wanted to bring up you guys were saying that our lease was for one year, but I believe the lease we signed was for two years.

Hello. I believe it was for two years, but I believe the council was talking about revisiting it for benchmark in a year and that may be an internal conversation we have here on the dis but I believe that we asked that it came back in a year to be discussed among us on how it was working. Yeah. But you know that's that's to discuss how it's working. We're talking about a contract that we agreed to. Contract's two years. It's July 31st, 2027. Can we can we just stick to everybody taking a turn here? Oh, okay. Sorry. Yeah. So, Council Member Kern,

Council Member Kern, you have the uh Yeah, thank you so much. I appreciate you answering that. Um, at this point in time, I need Silver Spot to succeed because co-ops don't exist any longer, and I'm super proud that we have one in town. uh so I could get behind uh waving the sewer portion of the bill uh going forward and then we can revisit it at the uh the next conversation on how we're going to uh ramp that back up. Okay, Council Member Lance. All right. Sorry, Madame Mayor for uh speaking out of turn there.

That's great. Um yeah, I I like um the city manager's uh recommendation that it seems like you you're in favor of that as well, Council Member Kern. Um I do feel that it should be for the two years, the length of the contract. That's what they assumed. Um and then when we come back after the two years and we revisit negotiating the new contract, then uh include the water. And if we're going to have a yearly kind of update just to catch up with them, see how they're doing, I think that's fine. Um, sounds like they're doing quite well and looking forward to hearing that information, but that would be a recommendation and a motion if uh so council is inclined. For background information, I think it actually was that they wanted a three-year lease and we said, "No, we feel that we need to talk to you sooner than that and that's why we did two." So, I think it was actually the intention at 2 to check in rather than waiting until 3. Um, but if that's a motion, I'll second.

Okay. We're we're not doing the motions yet. If you could hold off on that. So, I have a couple questions. So I gave a lot of thought to this and what surprised me with this was I believe on the board are some Brisbane residents and as a Brisbane residence in a very small house being a massive water conserver I would never expect a certain bill that would be over two months under $200. And so I don't understand how this became a surprise. Um it's unfortunate if they were told otherwise, but everyone in Brisbane knows. And our water rates went up. So when I look at the staff report and what's been reported over different years, if this is just water, the most current one I see is 2024 and our rates have gone up since then. So even if they were provided those numbers those numbers would have been not current not reflecting current rates. That being said, I I do recall conversations, sorry, about coming back in a year because there were there were issues with enrollment that we talked about and we wanted to make sure that they were adhering to the terms of the lease and that was predicating issuing a two-year lease to them. So, I I do agree about the one-year review. Um, I don't have a problem giving them a waiver if they can pay the water without the sewer. I think that in one year though, we need to start seeing some sort of an effort that they are willing to start assuming this because what I'm very concerned about as a former planning commissioner is that we set precedents. And if we say this to them, sure, you don't have to pay this. What do we do

with someone else? We have to be fair. And being fair is really important because then people get real upset. Well, why did you grant this to them and now you're not going to grant it to me? And so I I would like to emphasize that with Silver Spot that while I'm in favor. I want to see you succeed. We we have championed who you are, tried to get you through CO, but we need to start seeing some effort to to be able to assume the responsibilities and the cost of operating. If that's not possible, then we're subsidizing the whole operation, which right now because of the the rent going towards the tuition subsidies, we kind of are. And do we want to do that with everybody? So, we've made it really clear. We want you to succeed. That's coming from my heart, but you know, there's there's limits on this. So, um I would be in favor of doing the waiver. I would stick it to the two years, but I think in a year then I we still need that review just to go over how things are going. I think that that's fair to the city.

That's my opinion. Can staff confirm whether it was two years or one year because I think we had different you know I don't know what it actually is. I can share my recollection uh which was that that we would come back in one year just to see how things were going but it wasn't intend to modify the uh the uh the agreement in any the lease was two years solid. We also have a hand check madame mayor. We also have a hands raised with teacher Diana and Okay, Jessica. Uh Diana, you want to go ahead?

Yes. So, um I just wanted to say that yes, in lie of rent, our school has been offering tuition assistance to our membership. Um even though our rent stipulated in our lease for many many years over 20 years that it was 310 and now this new lease is a thousand. Um we have always since I've been director for the past six years we've exceeded that amount because we are here to help this community in any way we possibly can. Um, and at this very moment, we've had two families in our membership who have had medical emergencies and we have helped them with their tuition and um I don't know the exact amount right off the top of my head, but it's definitely over $2,000 that we are helping in tuition assistance for our members right now. Um, we have a family who has lost a job. We're helping them with their tuition. So, it's it's I just want you guys to know we are doing everything possible to keep our school afloat and also help all our membership when they have a need. Um, yeah, I just wanted to get that out there. Could I ask I I I know when we met with you first back in October, I had done some research about um in every peninsula city there is a either preschool or nursery school that's designated and they receive some um state funding through the county. Did you all investigate that? I gave you materials.

We we have families who are um who as part of the four C's and they get their tuition paid by by them. So yes, we we've already had that. Okay. Very good.

Anyone else? And we do offer every year uh an at the beginning of the year I think like by September um we update the the city with all our how much we're giving out in tuition assistance what our enrollment is and we came to you maybe two years ago when we were just coming out of a really tough year but since that meeting we've we've been full for two years in a row with a waiting list and This coming fall, we expect another waiting list. So, we have turned things around and we are definitely making efforts to to be on our own and be independent and and fund raise as much as we can.

That's great. I'm glad to hear that. Thank you for that. All right. I will entertain a motion. Yeah. So, to uh wave uh the sewer charge. Oh, yes. The motion is to wave the sewer uh charges and just have them pay for the water over the next uh 2-year um agreement and credit them back any sewer charges they've already paid. Correct. Yes. Second. All in favor? I. Anyone opposed? No. Motion carries. All right. Thank you, Diana and Jessica. Thank you for joining us tonight.

Thank you. Thank you all so much. Have a great night. Next item we have, uh, we're moving up item M and N. The first item we have is item M, receive security update on flock cameras. Yes. Could we have a staff report, please?

Yes. Good evening, madame mayor and city council. Thank you for allowing me to bring you tonight's update on the recent statewide concerns involving automated license plate reader misuse and safeguards in place within the Brisbane Police Department to protect privacy and maintain program integrity. In the recent months, several California agencies have publicly raised concerns regarding potential misuse of their AOPR data in involving vendor flock safety. The concerns raised improper sharing of data with federal agencies, including US Immigration and Customs Enforcement, also referred to as ICE, and outofstate agencies. Several cities have chosen to suspend their AOPR program while they examine concerns related to data access and potential misuse. Some agencies have reported that the misuse of their data was a result of not properly setting their privacy protection and safeguards that govern the systems operation. As an added statewide safeguard, Flock recently has now disabled the nationwide sharing system function by default to prevent agencies from inadvertently enabling that feature. Following these statewide concerns, the Brisbane Police Department immediately conducted a comprehensive review of our AOPR settings and protocols to ensure that all privacy protections and sharing limitations were properly configured. The review confirmed that our agency settings were in line with California State Senate Bill 34, which establishes clear requirements for the responsible use of the ALPR data, including limiting its use to only legitimate law enforcement purposes. Our review also confirmed that access by federal agencies including US Immigration and Customs Enforcement and out ofstate agencies were appropriately restricted in our flock camera settings at the time our system was set up and remain restricted. In addition, the Brisbane Police Department's ALPR program has always

adhered to strong data security retention and audit practices. We maintain strict accountability measures as all the ALPR usage is strongly subject to monthly APR internal and external data audits. The audit includes review of the activity logs, case related inquiries, and verification that all data access and sharing practices comply with our policy and law. The Brisbane Police Department remains fully committed to continuously monitoring our system safeguards weekly to ensure that privacy protection remain properly configured. AR ALPR technology is widely used throughout California as an investigative tool for locating stolen vehicles, identifying vehicles linked to serious crimes, assisting in missing person cases, and supporting active criminal investigations. I will now have Commander Garcia, our ALPR coordinator, share some statistical data and will highlight a few cases to show how valuable the ALPR program has been for our department. Good evening, council. I believe you have a slide deck that's supposed to be coming up. Okay, so my first uh slide will be in regards to stolen vehicles. in as you see 2021 2022 we had a record year of stolen vehicles. Um that was we we couldn't catch up with our investigations. Um every time we took three or four and it would be three or four a night. Um we would take those reports before we could even finish writing reports two or three more the next day. So we were bleeding out. Um we were drastically trying to catch up. No leads. Um, so in 2022 we were approved ALPR. So as you can see it's been

dropping since then. If you take a historical view between 2021 to 2025 currently it has an 87% drop in stolen vehicles. Um, and this is major. This is a this this in my 20 years here this was a game changer and it remains low. It does it's not peaking. It is if anything we are we're constantly probably going to be within less than you know 10 every year if we can keep them down and we are keeping them down. Um and this it's the system is keeping it down. Um so you can see the the drastic change here in the stone vehicles. Next slide please.

Next slide. That's it. 459.

Oh, okay. There there it is. Sorry. So, in 459 incidences, this is in the these include um home burglaries, which were not a lot, but vehicle burglaries as you can see as well in 2021, 2022, there was also a spike. Those crimes correlated. Um you're talking stolen vehicles that not only stole vehicles, they came in with stolen vehicles, but they created other crimes as well. Um and that was a record year as well. Um, as you can see as well, between those the the years that I have up here, it has drastically dropped to 88%. Again, another game changer. And this is one of the ones that stolen vehicles you you can recover. You can kind of piece together where they went, where the car went, why it was stolen. Um, having your back window broken out, your side window broken out if you're at a store. There's no way we're ever going to find anything or have any clues on um until your stuff is found maybe in Oakland. So being able to identify vehicles that create that that come in and cause havoc in our in our community, ALPR has definitely done that. Um ALPR in its design, the way we have designed it and how you as council approved it has created a an alarm system around Brisbane. Um it gives us an early warning system if someone comes in with a stolen vehicle and it alerts us to that. Um the system will tell us if they came into town and if they left town. Um yeah, we once they come into town, we we obviously deploy our our officers and we get ready and sometime most of the times they leave within a minute. But what's concerning is when they don't leave and we have that indicator because of the way we have the system set up. If they don't leave, we are out all night looking for and we generally find them all the time and we chase them out. Um it's like playing waka-o sometimes. Um that's the best way

to kind of describe it. But um since the development of this product and used, you know, at least nationwide, these crimes have gone down everywhere. Um and they know once they come in, it's kind of like when you go into an house and the alarm system shuts off, you have several minutes before the cops get there. It's the same thing. is the exact same technology that we have uh put around the city of Brisbane. Next slide. I will give you some highlights. This is these are good highlights. You know Brisbane better than they do, too. 100%. You're going to find them.

Exactly. We know where they're going to go and if they get lost, we're going to find them because the street ends. Um so I have two major cases here. Um a major hit and run injury and a fate hit and run. And I'll go I can't give specific on the specifics on these details because too much of the details of the each uh incident because they are still going to court in prosecution. Um but I can tell you on the hit and run early morning um on beayshore a gentleman was crossing the street. The gentleman was struck by a vehicle. Um and initially it looked like there was nobody at fault in in the in the crime. But then when we started running all the plates of when this occurred cuz obviously we got called as soon as someone saw the gentleman laying on the on the ground, we didn't know what car who did it. But then we start quering what vehicles left because the the gentleman was hit with inside the alarm system. So as we start querying vehicles that were left, we start narrowing it down. None of the vehicles initially matched because none of them had damage. and we were wondering why it didn't have damage. But then we did see a we did find a but so from there we started narrowing down okay there was big vehicles small vehicles but none of them had damage some had small damages but we knew it was one of them but we eventually found out that through a cracked lens a piece of a cracked lens and it was a small piece we were able to find that cracked piece missing off the signal marker of a actually a large vehicle which we would have never found if we didn't find that truck. Um, sadly, I can I can report this. It's not labeled as a um it's not labeled appropriately because the charges were a major hit and run, but that gentleman did die 40 days after his injuries.

Wow. From that accident. So, that was that subsequently became a fatality. Um, the charges are pending for that. Um, and it's going to it's not an initial pending charge, but it's an additional charge. Um, the next is a fatal hit and run also. Um, I think the Bris City of Brisbane was pretty much aware of this one. It was near Amazon. Um, but Amazon driver was making a left turn and a vehicle going northbound collided with that person.

The vehicle that collided with that person was still mobile and was able to leave. And some someone had a description. It was an SUV, but that was it. The the description was very vague. So ALPR was able to because we knew when the accident occurred, we were able to pull up the plates within the last 30 minutes and you know from there we started narrowing it down. We compared the vehicles that came into town and the ones that left and there was one vehicle that did not leave. So because of the early morning hours of 4:00 or 5 in the morning, we started deducing that it was a possibly someone that worked in Brisbane in coming to work. Sure enough, it was. We located that vehicle in industrial. Um but without the ALPR we would have never gotten that clue. Um next slide please. Okay. So for these for for these highlights we have a mail theft, commercial burglary and eagle illegal dumping. Mail theft um downtown visitation on on visitation itself. There was a apartment building had mail stolen from the the the boxes. No one could tell. No one had video. Um just the unique angle of where the mailboxes were located. We could not figure out who was stealing mail. It didn't happen once. It was happening multiple times. But we could not get I mean it would happen consecutively cuz obviously if it was every other night, we would catch him. But through ALPR, because someone knew the timeline, we were able to tell what vehicles came in and out of town. And once again, we located the the the suspect and got an arrest warrant. Um commercial burglary. This one is at the Midtown Market. This one's This one's a good one. Um, the Midtown Market was broken into. A subject kicked in the front door, went inside, went to the register, stole a bunch of items. All we had was a vehicle description. Unfortunately, there was good video

throughout the area. There was good video from from other businesses, but all it gave us was a vehicle description. ALPR has the ability to analytically decipher or look at a car and tell us whether it's a sedan, van. It's just based on size. We knew it was a sedan. We knew when the burglary occurred. So, we pulled up the we p we we we queried the system for this vehicle this time and sure enough, we located the vehicle. Vehicle had already left because by the time we got called it was 9 in the morning. The system has the unique ability for us to now put that vehicle plate in the system so that if anyone gets a hit on that car, it's called a hit. So if it pass any other a uh cameras, it'll notify us. Lo and behold, the next day we got a notification. It came back into town.

Jeez. Wow. So it came back into town. It was displaying the same sent uh same kind of movements where they were just parking and waiting because of that early notification again the alarm system working. We got out there made the arrest. He is facing charges and an arrest warrant has been issued as well. Did you find any stuff in the vehicle left over? 100%. Yes. It was still in the vehicle. Um and that gentleman just recently was out of prison and didn't care whether he went back or not.

So he was determined to cause havoc. um and he was a returner, but we caught him before he can struck the second time. If not, he would have struck again. Um the illegal dumping, we face this all the time in Brisbane. Um not all the time, but obviously it's it's a problematic issue that happens to us. Um we've we've had an illegal dumps in in the past. Um, a lot of these undesirabs that do this know to now they know to clean any boxes with labels cuz we'll go knock on the door and be like, "Hey, your Amazon package said this is your address."

Well, they don't do that anymore. But the size of this one uh incident dump was large enough to where we knew it had to come into a pickup happen on Sierra Point Parkway. But because again, ALPR is out there, we knew the time in that area, you don't get a lot of vehicles. So, we were able to to query the system on what vehicle came in and then we compared it to when it came out or left Brisbane. Sure enough, it it entered Brisbane and left within 5 10 minutes, just enough to cause to make the dump. The video, oh, not the video, I'm sorry, I should correct that. The photo shows the vehicle coming in and sees the license plate, but obviously subsequently we get the we get the back of the car. It was full, but when he left it was empty. Well, I'm sorry, but we don't have a dump here. So, you dumped it in our city. Um, we were able to contact that subject. Um, they did clean it up, but we are still seeking prosecution. Yeah.

Um, one other ones that I did not put up here is, you know, it it protects crime property, um, vehicles and, you know, everything else, but it also helps us for missing persons. Um, we've had several cases where someone's missing, um, they drive, family is obviously distraught, and they just, your biggest question is where did they go? Um, without knowing, most of them will turn off their cell phones. So, we can't even do an emergency ping to see where they went. And as you know, if someone's suffering from a mental health crisis, time is of the essence. We need to get to them. Um, notably, there was several a couple cases, but there are cases they all kind of fit the same pattern. There was one case that we did have, you know, the family called and loved ones called, they gave us license plate. We were able to locate that person counties away, get officers there in that county and give them the help they needed. then it was a successful save story. So it helps in that fashion as well. Um so it's been an essential tool for us. I hope this uh gives you some um light on how it has helped us. And uh with that I'll hand back to my chief.

Yeah. Thank you, Commander Garcia. In closing, I would like to assure the city council and our community that maintaining community trust remains our top priority. While we've seen and heard from the commander about the ALPR, how the ALPR program has proven to be a value investigative and crime reduction tool, it still must remain lawful, limited, transparent, and accountable. The Brisbane Police Department remains firmly committed to balancing public safety with robust privacy protections and ongoing oversight to ensure program integrity. And this concludes uh tonight's update on the LPR program. Um, Commander Garcia and myself are available to answer any council or community questions.

Okay. I just wanted to note that this is on the agenda because there's been so much news about cameras in general and flock cameras and people alarmed about problems with flock cameras in other communities, not our community at all. So, um, we will open this up for some questions starting first. Council questions. Um, Council Member Okonnell, would you like to ask some questions?

Um, no questions, but I do want to say that I'm impressed with the success of the flock system. I think it has been um very successful in our community. I personally um have had uh some interactions with it and it was very helpful. So, um I'm going to leave it at that and thank the uh chief and the commander for their great uh report. Council member Lent. Yeah, I don't have any questions, but I just want to say thank you. Uh thank you for a great job that you do on behalf of our community, and we greatly appreciate you.

Thank you, Council Member Kern.

Uh I don't have any questions at this time. I appreciate you answering my questions in advance. So, um I just want to say thank you so much for the very thorough report. Uh over the course of the last 15 months, I have been able to do three ride alongs. That's me in the passenger seat of the squad car uh with our uh with our persp. Um, and uh, the officer explained why we were not taking action on it. We were nowhere near the scene. Uh, but I did get to see it in action, see it pop up on the uh, the laptop. So, I'm very impressed with the uh, this is a state of thing and I'm so glad that we have this in our town. So, that's it. Thank you.

Thank you, Council Member Davis.

Thank you for the robust report. Um, I would love for us to do this on a regular basis, maybe once a year, once every few years, because I think it's kind of a feel-good moment for us and for the community to hear what's h how this technology is being used and what the results have been. Um, I I've periodically checked in with you like, hey, what's, you know, what's been your experience like? What kind of crime crimes have you been able to solve? And um it's nice to see that they're actually varied and not just related to stolen vehicles. I'm curious if you know we saw that the 50% reduction in stolen vehicles year after year, but do you also feel that this has increased the recovery time for those ones that have been stolen that you've been able to recover them quicker than you would have before?

Yes, almost immediately. And then um almost immediately. So, okay, perfect. Well, um, yeah, I that was my only real question and just, you know, uh, would love to encourage you guys to check in with us and give us some of the success stories in the future. So, through the chair, uh, to answer your your answer your request on an annual basis, we provide council with an audit. Um, so that would be audit of the use of the system. So that wouldn't be an appropriate time for us to share successes.

Okay. Um I would just like to thank you for the presentation and I just want to give a little background. Back in 2022, I read an article about flock cameras. They were brand new then. And I called our chief and said, "Hey, do we know about flock cameras?" She said, "Oh my goodness, Commander Garcia will love you because he's been researching researching." And I said, "Well, I think we should look into it because I've always heard in Brisbane and and I'd like to hear your take on this that doing investigations was so timeconsuming because if you have the assumption is well there's something happened in Brisbane, but you don't know if it happened in another city, you've got to call other cities and and it's it's not like there's this giant sharing of information." And so I learned a lot in talking to you both. And um if if anyone here didn't see the staff report, when you see the list of cities now in the Bay Area that are all part of this system, it's really remarkable because I hear constantly even on the radio news about someone apprehended because there was a flock camera and one city put it in the system said we're looking for XYZ vehicle. And they get nabbed. And it it just it makes it harder for people who want to do that that kind of mischief. They go, "Don't bother going to this city. They've got the cameras." And also, just from the slides you showed, u I appreciate I think it's also important to remember if someone's just going to do a breakin um or they're casing cars, there's always the potential someone could get hurt in the process because people who are criminals aren't always smart. And if they panic, sometimes people get shot or killed and and things happen. So it's not just property crimes, it's personal crime as well. But

um when you used to do investigations, could you just quickly talk about that? How long did those take?

It took quite a bit. I mean you are I mean ALPRs are unique because it it grabs the reflective material off of life space. So it gives us an image of the numbers. Video is everywhere, but it only gives us a picture of the car. It doesn't give us the unique identifier of the vehicle. So we would put out it's Dodge Chrysler, but you know how many Dodge Chrysers we have that are white or I mean all over the Bay Area. So it we would get a lead, but it would end up being a dead end or it would just be too in cumbersome to even try to figure it out. ALPR narrows that down to the specific car and owner. So it it it it would take months to develop a lead whether you know you you get a search warrant for a cell phone ping because we all have cell phones and your cell phone pings in Brisbane and then we figure out that you know we look at your registered vehicles from DMV and oh you have a Chrysler that takes a while. So by the time that happens the evidence is gone um and then we still have to prove who the driver is. So through the ALPRs, we can get to this vehicle faster while that person is still in the vehicle. Even if it's not us, another city can tell us, hey, they just landed in our city. And then through the coordination of our mutual aid agencies with ALPR that we share with, we all work in concert so we can get that vehicle right away. And I I recall you had a a rash of car break-ins or they were being stolen in the industrial park and this was way back at the the beginning of the ALPRS and could you just talk about that?

Yeah, so um in 2021 2022 we had a spike um and this hurt a people that you know earn a I mean not earn a living but have have a trade. Um, we were getting econo van E350 workban stolen. And it wasn't just a van. It was their livelihood that was not that their trade and their craft that was getting taken. So, if you ever driven around on how many vans are out there that are E350s or work vans, there's a lot of them, especially in Brisbane. And it was not it was a buffet for them. I mean, there was there was no looking. You didn't have to go too far into Brisbane or too down too many streets until you could find them. So again, they were stealing them left and right. And then the times when they were doing it, it was hard. And they also picked those vehicles too because those vehicles based due to the manufacturing of them had really easy um interlock systems that you could defeat with a screwdriver. So they made it very vulnerable. The owners themselves couldn't do anything to protect themselves. Um they would break a window, get in with a screwdriver and start away. So this system really helped us in deterring that. And the minute they came into town and they they're not smart. They come into town with another stolen vehicle because if they have to run from us and they ditch their car, it's not their own personal car. So the minute a car a stolen vehicle comes a stolen vehicle comes in, they're only coming in to do another crime to steal another vehicle. So that that was tremendous for us.

And given that there it gives you eyes and ears in so many places including beyond our city limits, is that like having two or three extra officers staff? It's having like 15 of them there 24/7. We have 15 at every we have every ingress and egress point covered. Wow. Again, it's it's it's your modern alarm system for a city 24/7. Yeah. You cannot get in without us knowing if if you're you have a stolen vehicle

and as soon as you leave our camera, you get picked up by South City, Daily City on the west side, San Francisco on the north side. So, it's all the adjoining cities that were all on the same network. the you know the the notification I think is such a key key part. I mean I just remember an example was we got hit like Mar Commander Garcia said we got a stolen vehicle coming into town and the description and they knew it hadn't left town. So this was in broad daylight around 3:00 in the afternoon. The officer's driving around town locates a car up on King's Road parked in the gentleman sitting behind the behind the driver's seat. He was either casing a house or ready to, you know, looking for something to some criminal activity to get to engage in. But as soon as he saw the officer, he took off. He was chased out of town and, you know, he was gone. Never came back. But those notifications when you're a small department as ours and you have two officers working, if you have if an officer's at the marina and another officer's up the ridge, you would never have known that this person was in our town trying, you know, thinking of what the next steps was. He what his plans were. So, I think that notification is so key to give that alert system to officers when they're coming into our community.

Thank you for that. Would you be willing to answer some questions from the public? Yes, of course. Okay. Do we have members of the public who'd like to ask a question? Yes. Come on up here. Hi.

Hi. I'm Shelley Hodus and I'm a resident here in Brisbane and my car was stolen last year um by I believe two other stolen cars and they none of them had license plates and they took the license plates off my car while they were stealing it. And I'm just wondering how you go about if these people are smart enough to take the license plates off. Can you track them without the license plates with these cameras? we we can't track them, but if someone has a description, we can start building a timeline. Um the system is not designed yet to specifically look at an area and if it's the license plate's missing, it gives us an alert. I don't doubt that hopefully that will be the next evolution that a car comes in with no plate where it's supposed to be that it would alert us that vehicle doesn't have a plate. Um hopefully that will come up around soon.

Okay. Cuz I think they could cover them, spray paint them, take them off. They can. So there are ways to get around them, but again, some of the criminals aren't that smart. So we may we may get some, we may get, but we get a majority of them. Okay. Thank you. Thank you. Anyone else? Okay, come on up here. Hi, I'm Becker. Um, it's weird because I feel like I should be asking them.

I know. If you could try to go in the microphone for anyone at home trying. So, first I would like to say that I really appreciate that you guys put the letter together and and made this part of the agenda for today because it's really timely and I really appreciate how trans transparent you are and upfront you are about all this data. I think that is fantastic. Um, and I I hope every city is is that good and I I do see the benefit in these cameras. Um, and I've got notes so it's hard to turn. Uh, so in in the letter there's a little bit of squishy language that I I feel the need to call out. It says some of the city's reported misuse resulted from improper settings and ma uh the reported issues may stem from not being properly configured. Um, I would like to point out that not all of the issues with flock cameras that we're seeing are result of improper configurations either on flock side or the the um police department side. There are bad actors in the system. A San Francisco cop was uh I don't know if he was arrested, whatever, relieved from duty because he used the flock system to find his girlfriend's car after it got stolen. But even more concerning is there was a police officer in Milwaukee who used the system to surveil the movements of his girlfriend.

That is called stalking, right? There are bad actors and there's also the potential for hacking and who knows what the feds are really doing and I feel like weird saying that because I work for the US government, but um there are bad actors. And so I would like to say that while you guys have internal audits and what I've heard of is an external audit, I would like to recommend that your external audit audits are by independent companies that are not part of the system of communities that we share data between and are absolutely not flock itself. So I don't know who your audit, the external audit is, but I would like to suggest that it be an independent audit. That's all I have. Thank you,

Chief. or or Commander Garcia, is there anything there you want to respond to?

We are familiar, we are aware of of of a few cities who have admitted error on their part in their setup of configuration. And you're correct, there may be there are always going to be bad apples out there. Um, and there are cities that haven't come forward and really given a better explanation of what really, you know, the the issue was, whether they're still looking into it, and maybe we will hear further down the line as to what that issue was, whether it was, you know, flock or or a misconfiguration. But, but you are correct. I mean, we could only we can't speak to those cities because we really don't know were they conducting audits. Some of them the you know they realized that they out of state agencies were looking into their data you know six for up to six and seven months but they those monthly a those should be monthly audits that are done not six or seven months later. I mean we do per our policy we do monthly audits for internal and external to be able to identify any misuse and those are important to be done and those should be done from the moment the system has set up every month and we also keep those audits for for reference as well. So yes, thank you for sharing. Yes,

we do our own internal audits. Um that's you know but we can certainly look into something in the future. Thank you. And could you address the accessibility of staff to the cameras to the system? Go ahead, Maria.

The so this the accessibility of staff is only sworn officers. Um, no one else aside from sworn officers access that system. Um, it does have a basically keystroke audit system. So I know exactly what they're searching for, what their why their reasoning is obviously, but it audits every time you enter the system, you exit the system. Um, it has a multifactor authentication so that if you get someone's password, it has to go to your cell phone to get that that code just like any any other program says. So, it has a MFA built into it. Um, and also it has a disclosure two disclosures or backtoback that you have to click both of them is the first one is you're using it for law enforcement purposes and the second one is that you are complying with SP34 laws.

Okay. Thank you. Anyone else wish to make a comment or ask a question? Anyone online? City clerk? No. Okay. Can I make one final comment? Sure. You'll have one. Council member Kern, you want to go first?

Sure. Uh, just one final comment on the topic. I um I was out on the internet yesterday and there's a variety of websites that you'll find on the internet today. Uh, they supposedly track flock cameras. user generated content and Brisbane is out there for sure. H the information that I found yesterday on one of the websites uh it was not correct information and it actually had an incorrect number of cameras too counted. So if you have any questions we're a small community um you can reach out to the chief, the commander, any city staff and just ask questions about about our flock system and and you'll get a direct answer. That is all. Thank you. Council member Davis,

I'm wondering if you know if any other cities have used it for Amber Alert because that seems like the per like the perfect way to use the system to Yes, actually it has a customizable um what's called a hot sheet. So if again since the the development of this if a vehicle I mean a ve an ambulator goes out and it's associated with a vehicle that they can enter that as well into the system. Yes.

Thank you. Okay, this is um actually a presentation. It'sformational. So there's no vote. And so thank you very much. That was really helpful. We move on to item number n which is pilot program for use of a camera in the community park. Could we have a staff report, please?

Yes. Thank you, Madame Mayor, members of council. Uh tonight is the third opportunity the council has had to um uh discuss this item. As a reminder, um the initial um conversations occurred in September with a staff report in December and then the staff report this evening. The staff report tonight is intended to provide an opportunity for the council, should they wish to do so, to adopt the 90-day program. That's described um in your staff report starting on page 296. Um, important to note that attachment, excuse me, attachment number two is the policy that we are recommending and that starts on page uh 318. We modeled it after ALPR usage. Um and um included within this is some very strict um data retention policies uh limited to 30 days unless the information has become um useful in a criminal civil proceeding or is a lawful discovery request. Um, in understanding that, um, there's been some community conversation on this issue um, in the last few days, week, um, I wanted to limit my, um, comments tonight because I think the staff report speaks for itself and I wanted to turn it over for to the council for any questions. Thank you.

Okay, how about we'll start with council member Davis? No questions for me, Council Member Lens. Uh, not at this time. Okay. Council member Okonnell, I have no questions. Okay. Council member Kern, no questions at this time. Okay. And I have no questions either. So, um, we'll go to public comment. And I do have a couple slips here. Mr. Clint Cardardoza. Yes.

Come on up here. Um, good evening, Mayor Mackin and the entire Brisbane City Council. My name is Clint Cardardoza. I spoke at the council meeting regarding the community park camera on December 4th, 2025. I also shared the horrific pitbull attack resulting in the injuries of my golden doodle, Luca, and I, on June 16th, 2025. Um, however, I won't feel completely safe until the Brisbane Community Park camera is installed and operational 24/7. Every morning at 7:00 a.m., I cautiously walk Luca, rain, or shine. I never leave my house without my wallet, key, cell phone, whistle, pepper spray, and pooper scooper. Unfortunately, I haven't seen Brisbane police officers patrolling the main street and community park on my daily 7 am uh dog walking route. Um, we need a stronger police presence between 7 and 9:00 a.m. every morning. All of the Brisbane uh residents that I recently talked to want surveillance cameras in the city, especially Brisbane senior citizens, parents, business owners, and dog lovers. On a personal note, I'm sincerely grateful to Brisbane Councilman Frank Kern, um, city manager, um, uh, Jeremy Dennis, and the VRATA employees for their hard work and dedication to the Brisbane Community Park camera project. Furthermore, I truly appreciate the endless moral support of my parents, um, family members, and fellow neighbors. And thank you very much for your kind attention, and peace be with you all. also have a slip here for Linda Sammon.

Hello, council. Um, I really object to the idea of more cameras uh about people. Um, to me it's an invasion of privacy and it's not necessary. Uh we don't have a high crime area here in Brisbane and as far as I'm concerned if there's a problem with dogs, they need to sort it out themselves. I mean, I'm I'm really sorry for somebody who has a problem that their dog was in trouble, but it doesn't mean that the rest of the people have to have cameras all the time or cameras on kids playing in playgrounds and things like that. I It's enough 1984 already. Okay. Um uh and I'm sorry I couldn't come to the Thursday I think it was Thursday meeting when people were discussing it because a lot of the seniors who said that they went there I said they object to it and I said well why didn't you say anything and they're like oh I don't know you know I mean people are sometimes afraid to speak up because they're going to be criticized but a lot of other people besides myself feel that this is an invasion of privacy unnecessary and certainly unnecessary expenditures even though they were told how cheap it's going to be comparatively so on and so forth. No, the answer is no. We do not need this in Brisbane. I'm sorry. It's a very small community and people take care of themselves in terms of the their families, their kids, and hopefully their dogs. And if the dog is off a leash, they that can be taken care of. Thank you,

Michelle Sammon. I spent most of my life going after my big sister. Um, I am adamantly opposed to surveillance cameras in the park or any other public place. It's very different when you have a Ring camera. That's your private property. This is government surveillance, which is a whole different thing. And in the case, I'm so sorry. I am so sorry your dog got attacked. That was so wrong. We have a leash law that should be enforced. Um, and I see people all the time with their dogs in the park and not on a leash or on Crocker, you know, on the Corey Road. Dogs not on a leash. On my street, dogs not on a leash. You know, we have a leash law that should be enforced, but n the but the rest of us should not have to um be surveiled at the park or any other public thing by the government. I just think that's completely wrong. It's going to cost us a lot more than the free camera because there's data that'll be wanted to be analyzed and I don't trust AI to analyze the data. I think this is above and beyond. I really think it's above and beyond. And what are you going to do with the data? And oh, you get demographics. You're going to leave it up to AI decide whether I'm brown or not or whether I'm 12 or 72. I'm sorry. I don't trust AI to do demographics for us. If you want to know who's using the park, go to the park and find out. Let's enforce the leash law and not have invasive surveillance cameras run by the government in our community park and other public places. It's really uh over the top. So, thank you. And I'm again so sorry that someone's unleashed dog attacks someone else's dog. That is just

completely wrong. But I did have one question. So say you and this is probably a question for the chief or or uh if you observe it on the camera, is it enforceable? Can you actually do something about it? Is it actionable? Because I always get the uh impression that, oh well, it doesn't matter if you had video of it, Michelle. We didn't see it, so it you know, we can't do anything about it. So, I wonder is it because it's a government surveillance camera, you would be able to do something about it? That's a big question for me. I I just really do not like the idea of having surveillance. And how many cameras are you going to have to have to cover the whole park? That's a big park. One camera is not going to cut it. I mean, it's like we have what 16 cameras for flock. How many cameras are we going to need to cover the whole park? Thank you.

Okay. Uh, Chief and Commander Garcia, would you like to respond to the question? Currently, due due to uh the government code in terms of evidence, it would not be usable for a citation. Wait, say that. Yeah, we're having trouble hearing it a little bit. Based on government code of evidence rules, it would not be admissible for court for prosecution or citation. Okay. It would allow us to go make try to identify the individual and go make contact and educate them but certainly but not under the pro not prosecutable. Okay.

So if you saw sorry do you mind? So, let's say somebody pulled up, emptied their vehicle out with like dumped a bunch of stuff at the park like what happens, you know, on tunnel and you had the footage of them dumping it all out and but you couldn't use you couldn't use that footage. Like, how did it work when you did flock? The guy they came in, you know, they ca you caught them coming in with with the stuff. They dumped the stuff. No footage of them dumping the stuff. Then they left. No stuff. So when you saw them, did they just they admitted to doing it and then they that's how you

100%. When we know the answers, they admit. So it's the test. That's a statement they give us. And we have investigative techniques and the way we interview. And once they know that we know, then they kind of So they just deny, deny, deny. Yeah. until we tell them exactly what time when they left and then they're like, "Yeah, gig's over." Yeah, I did it. So interesting. Again, they're not smart. Got it. Okay. Okay. Question.

Two minutes, Michelle. Well, let's say one minute. In this case, you have a license plate number that is a unique identifier. If you have a video of somebody in the park without a license plate, how are you going to know it's who it is? Uh, facial res recognition software or wow, I just recognize it's Joe Blow or I don't know who that is. So, that's where it really is different than the flock system. I'm at full in favor of the flock system. I am not in favor of this. Okay. Anyone else wish to make a public comment? Yes, sir. And then after that, Aaron.

Yes, my name is Steve. I just recently heard about this camera installation. I just think it's uh you've got to watch out, you know, going too far the other way because the police and their use of the cameras license plates works. That doesn't mean we should have cameras, you know, up and down the street and community park unless there's a lot of uh, you know, drug dealing or something that's obviously happening there. But I haven't heard of any any nefarious activity that happens on a regular basis at community park. So, I don't I think it's an overstep. You know, it's too far in the other way. And uh, I agree with the last speaker.

Okay. Commander Garcia and Chief, could you address Do we have lots of nefarious activity in the park that we're having trouble with? Currently, the data right now, no. Okay, that's a good question. Do we still have um our public works director online? Oh, oh, oh. He's hiding over there. Okay. Um, actually, I'm sorry. I I meant parks and rack. I'm here. Oh, good. Norine, on weekends rentals, do you not have staff in the park?

Yes, we do. For the duration of the day? uh not not the entirety of the day, but we do have um public works staff that are assigned for weekend coverage at the parks and they assist with addressing any issues in restrooms or with garbages. Um so yes. Okay. Thank you. Can I ask a question? Mhm. So, I understand that after the vandalism occurred at the park in the bathrooms, staff installed some new doors on the bathrooms. Can you tell me about that?

Sure, absolutely. So, um, in the past, we we had locks that would required somebody to go out and actually physically lock them and unlock them. So right now they have we have magnetic locks on on the bathrooms. So they unlock uh at a certain time in the morning and then they automatically lock at night. And that was really more about uh ensuring that um you know reducing the amount of staff cost to go and lock and unlock them. That's what that fun that's what that function does right now.

Could you tell me when those were installed? Uh they were just they were just recently installed in the last month or so and then they've did some work earlier this week um to to address some of the uh concerns with closures of the of the doors. Uh so they've been our staff's been working on it, but they're fully operational um as of right now. Okay.

Uh Aaron, you had a comment or a question? short question followed by a lot of stuff. Um, first Jason letter uh and Jason Nunan wrote uh what I think of as a very thorough comprehensive wellorganized letter that I might have had something to do with as well uh and sent it to council and I'm just making sure that is part of the public record for this meeting good because I really did not want to read it out loud. Um so I'm going to hit a couple high points um from that letter. Surveillance cameras in public spaces erode privacy. We've heard that asurances about data sharing cannot be trusted. We've heard that uh the community behind this trial has a troubling track record. Uh in this letter, Jason describes how the Federal Trade Commission went after them basically about failing to implement basic security practices. That was not broughten up in this in the staff reports that we saw in September or December and not in this one either. It was brought up by a private citizen who did a Google search. That gives me pause. Um, sorry, I'm really well organized. Um, the initial motivation for this was that horrific dog incident, which I actually didn't know. Um, it it is sad, but I feel like this is the pendulum swinging too far in the other direction. Um, this is not the right way to deal with a a public safety incident, a vandalism incident. Um, what this is is privacy of our ourselves, our children, the people in our community being put at risk of of, you know, inappropriate uses. 30 days is a long time. You can get a lot of video of little kids in 30 days,

90,

right? Um, it's it in my mind feels very inappropriate and I don't want Brisbane to be that community. I talked about I talked to Jojo about this for two minutes. He said, you know, there are LAR cameras that don't take video that will give you the park usage data that you're asking for. But interestingly, this month's staff request says we want parkdated usage out of these cameras, but what happened in December and September was for public safety. So, I feel like we've got to kind of had a bait and switch and I'm sorry this isn't the most eloquent argument, but I'm really am against this in its current form. It feels like we're getting something free from a company and I don't trust that company and I'm not sure what the motivation actually is even though it said it's for us usage data. If that's the truth, there are other ways to get that data. So, that's all I have.

Okay. Thank you. Anyone else here? Yes. I'm just I'm curious about whether or not um this company was the advocate for this system being put in. Where did this come from? This idea that we need to surveil the park. That's my question. And my another question is, are we going to have a vote in the city for this? No, we don't get to vote for this. The vote's happening right here.

Okay. Well, I think that Brisbane is not a place where we need to have constant observation on the park. It just seems like 1984 and I I I could say I'm totally against it. Council member Kern, do you want to address how this came about because I think you brought it to the council.

I did bring this to the council and thank you so much. Um, I just want to start out by saying thank you so much for all of the feedback that has been received. I mean, we started this back last summer and so we've received a ton of feedback. Uh, we received an exceptional amount of feedback in the last 24 hours. So, I do appreciate uh all the opinions that were sent into uh to council and staff. Um, I am so thrilled and shifting gears ever so slightly here, but I'm so thrilled to hear about the new doors in the bathroom. That's the kind of information that should be shared with city council. That's big news. So, uh, thank you so much for for updating us on that. Um, so yes, I um it's I mean, truth be told, I adopted a shelter pitbull. I own a pitbull. Um, and I walk the pitbull in community park on a very frequent basis. I don't see all of you there, but I'm out there and a lot of a lot of people do see me there. Um, and I will have very friendly Brisbane residents have their dogs off leash while I'm walking in the park and they're friendly and they'll yell, "My dog is friendly, but I cannot. My dog's on a leash and my dog could take on another dog." So, that was the original impetus. So, I was like, "This is sort of a problem here, even though I have leash loss." And then the Cardos reached out to me and they had a very unfortunate incident. Um Clint has expressed his concerns um about how their dog Luca was injured. Uh but I believe uh Clint was also slightly injured as well uh during that incident which is unfortunate. So that was the impetus that uh sort of brought this this forward. Um we did have vandalism in the bathrooms. That's a fact. No one can dispute that. Um so I'm glad to hear that we've got the doors that now lock automatically. Uh that's pretty amazing news. So that's good news. Um, in fall of 2024, uh, we had a person that was leaving raw

chicken at community park near the playground. Uh, we think it was to feed coyotes. Um, and that was happening. And so that was an additional incident that I I I was like, this is not good. Um, and so those were the those were the main things that um, the reason that I I brought this forward to council. So there were there were incidents there. So while we're not seeing high crime, we're not seeing uh drug dealing in the park, we're not seeing a large homeless population, we're not seeing any additional crimes being committed, um these were the emphasis items. Okay. Thank you. Anyone else wishing to speak? Yes, come on up here.

Good evening, everyone. My name is Anthony Dana. a new resident out here in Brisbane. Um, for a lot of things that people have said, a lot of the worry that people have had is when it comes to the AI usage and who can access the footage. I think with what we currently have put in place as the plan, I believe it needs to change and instead of having it to where the current company that's going to be used, potentially have a different company where it's just being stored, it can be accessed by the police department. Uh, if they have a case number, if they're doing an investigation, they can pull it from that way. but having it open to anyone else, having it uh up to AI and everything else. So, it kind of gives a best of both worlds situation. You can have the surveillance, you can have it to where you have the protection for the people, but it can only be accessed again by the police department if a situation or a case needs to be investigated and that's my personal belief on that one. So,

thank you for that. Anyone else here? Yes, Linda. This business of privacy once you have a video out there is an illusion. It doesn't exist. And everybody knows that things can be hacked and will be hacked and used otherwise. And so I'm sorry about the dog. I'm sorry about people walking their dogs without a leash. We do have a leash law. It needs to be enforced. That's it's that simple. So, if you're seeing somebody without a leash, you call the cops. Okay, I'm sorry, but that's their job. And you say, "There's somebody here with a dog without a leash. Please take care of it." We we to have video observing children playing in the playground, other people walking. Uh it's nonsense for what three in three possible incidences. No, not for wreck the whole community. This is not a high crime community and we do not need that kind of surveillance here. Please.

Okay. Anyone else here wish to speak? Um, ma'am, you've not spoken yet?

My name is Fran. I spend a lot of time in the community park. I always feel safe there. Never had a problem. I have had problems with off leash dogs in various parts of Brisbane. A camera in the park would not have solved any of those problems. Um, animal control is a different issue. I'm very sorry about your dog and your issue. And I have been injured by off leash dogs as well, but never in the park. and a camera will not solve that problem. Our park is safe. Our community is safe. I'm very grateful. I have seen police officers um in their cars in the um parking lot of the post office observing the community park. We have lots of um adult supervision of the children in the park. We have lots of human eyes observing what's going on. When I've had problems with off leash dogs and I'm able to talk to the human person involved, I've always had good results and um I haven't had to call law enforcement to deal with that sort of thing. I can do it human to human. We have a friendly community. We can deal with each other um personto person to solve these kind of problems. I don't think we need an expensive camera in the park.

Okay. Thank you. Uh city uh city clerk, do we have anyone online? I haven't checked with you lately. No. Okay, that it Oh, this gentleman has not spoken. Hello, my name's Al Cardoza. Uh, I was mentioned by Frank as one of the persons who brought this to his attention a while back when my dog and my son were hurt in an attack by a pitbull. Um, I think we're missing the big picture here. We're trying to help the community find a way to monitor certain areas where the police department cannot be there 24 hours a day. We have to give them better tools like the other cameras that are out in the freeway and highways to take care of other problems out there. We can use one in here to to voice our concerns about some of the problems that we see here. We I think dogs off leash are a big problem. Um, it took us a long time to find a way to get around the problem that that we're still addressing at home as far as the the the the attack. So, I think that other people here are going to see that same problem come up down the road. You've got to get these dogs on off on the leashes. You've got to take the people who are their owners. You have to make them accountable for those pets. And you have to make sure that they are fined when it's appropriate. Uh right now the way the leash laws work is if the police department's not there to see the attack or the problem, it doesn't occur. It's simple. So that doesn't have any leash law at all. That takes all the teeth out of the law. So unless we want to change the leash law and do something a little more practical, that's not going to work. And you can ask the next door neighbor to put the dog on the leash all

you want to. If they don't do it, you have no recourse except to call the police department. Okay? But that's once again after the fact. Too many things happen after the fact. When somebody has a problem, call. When somebody has problem with this, call. Let's try to be a little proactive once in a while and get a camera out there so when the police do need to take an a little action to find out if there's a problem somewhere, they can pull up the information on the camera very quickly, find out if it's an actionable thing that they want to build the case on or just let it go. It's a pretty simple project. It's easy, very, very easy to understand how this camera system works. I'm not a big camera guy. I don't do that. I'm a I'm a musician and a retired salesperson. So So to me, I want to just make sure that we have some ways to help our police department manage things properly and get us some better results because right now we're not seeing those results. We're out there having to deal with it every single morning. And the last thing you want to get is that phone call in the morning saying that your dog's just been attacked and your son's hurt, too. And I hope you guys never have to go through that because boy, it's a call I didn't want to get. So, I thank you very much for your time, but I'd like to see some action done on this one. I think I think you're missing the boat if you don't start to look into this and get something done that's proper. Thank you for your time. Thank you.

I have a question for our chief and commander Garcia. After you. We have a leash law and let's for the moment put aside whether someone's dog is attacking someone or another dog. If our officers observe someone with a dog that is off leash, can they be cited? Yes. Yes, they can. So, we could in fact also potentially consider stepping up enforcement on off leash dogs. Yes. Okay. Thank you, Council Member Davis.

My question, and this may be repetitive based on the questions I've asked before, but it's been raised. So, let's say someone calls in a complaint. There's someone here with an off leash dog. The police show up. that person's no longer there, but they or maybe their dog is on a leash when they show up, but the footage shows that the dog was not on a leash at some point. Can you from that footage track that person down and sight them based on what you've seen in the footage or not? No, we cannot cite them, but we can certainly educate them and let them know that we've seen that their dog is off leash and explain to them what the law is and based on extra patrols, if they're identified with the dog off leash, again, they will be cited.

Is that the same sort of protocol that you would go through anyway if somebody called in and said they observed somebody who had their dog off leash? Absolutely. We had one resident years ago that would identify gave a description of the dog um the dog owner and their dog and what times exactly this dog owner walked by and did not pick up after their dog. And so we actually had an officer sit out there and I think maybe by the third or fourth day they were able to identify the individual and the dog and get and actually you know give them a warning and I that that pretty much took care of the the problem.

Thank you. Sir, sir. Sir. Hello. Sir, you have to come to the microphone. If you could please. We have people watching at home. They can't hear you in the audience. If you could please make it brief because we need to move on on this.

I'm going to make it very brief because I'm going to leave right after this. How many citations have we had for loose dogs on the street in your in your tenure here? Do you know? I would say a handful. Uh generally we try to start with education and educate them and then the second time would be a citation. um unless you know unless an officer feels at the time that the owner is just not understanding when they're explaining the law to them, then they could issue the citation. But I would say, you know, that it it has been a continuous problem and we do the best we can to make sure our officers are out there and contact the individual if they see them off leash with their dogs and um do an educational piece before they actually do a citation. because I I I'm unaware I'm I'm aware of none that were ever cited.

I I personally have in my 36 years here have personally cited a few myself. Okay. So, yes. Yes, we do. Six years. We've had a few. Yes. Yes. Oh, certainly. Yes. Okay. Thank you. Okay. Thank you. All right. Council discussion. Start with council member very briefly. Michelle very briefly. Come on. One minute please. We got a lot still to go. You talk about education, but I don't see any signs at the park saying your dog must be on a leash. And as much as I don't like all the signs,

we should have signage at every single walkway into the park saying leash is required and the phone number to call if a dog you see a dog not on the leash. And talk about education. We need to really educate this town that we have a leash law and enforce it. And I know a lot of people who think they're above the law. They take their dog up on the top of San Bruno Mountain where dogs are not allowed, especially dogs off leash. They ride their mountain bikes on trails that where mountain bikes aren't allowed because they're just above the law. Well, you know what? No one's really above the law. on. Maybe we should post the law so people know and they can bring their dog to the dog park that we paid a lot of money for and resurfaced if they want to run their dogs off leash. But otherwise, we should have signs sign at the beginning of of Corey Road, too. Thank you.

Thank you. Okay, council discussion start. Council member Okonnell. It seems to me that most of these discussions um here have revolved around dogs off leash and people not picking up the dog waste. And to me, this isn't the solution. Having this camera is not the solution for that. I am concerned about people's privacy. I think that when you're in the park, you should dance like nobody's looking. Um when there's a party or you're h having an event and or you're playing and you should play like nobody's watching. Um that doesn't mean you can't you get to do it against the law. Um but I don't believe in big brother over surveillance. And I expressed these concerns when we first looked at it that we were trying to throw a solution at a oneoff problem that is probably not a one-off problem, but a very minor problem and that it was going to be trying to look for solutions that this product was not going to give us. Um, we did get quite a few letters or emails today about this issue. Um, and there's been quite a bit I've read. It wasn't included in my packet, but I did get them. It's probably they were delivered too late and they're in my inbox across the street. Um, but there was quite a bit of of correspondence that came in, you know, since yesterday and today getting ready for this. So, um, I'll leave my comments at that and, uh, let the other council members have

their say. Okay. Council member Davis,

um, there is a sign at the park that says you have to have your dog on a leash. And if you don't want to have your dog on a leash, you can go to the dog park by city hall. So, there is that. Maybe we need more signage. Um, I think this is kind of like people who don't pick up after their pets or people who run stop signs on visitation in San Bruno. Um, I just I don't think that a camera will do anything to deter the behavior and it doesn't give it doesn't arm the police with any more tools than what they already have. It doesn't allow them to, you know, give citations. when we were seeing a real big uptick in people running through stop signs, um we had more police officers present at intersections and really doing that community policing and educating people. Um and there was a big push around that and that's what deters behavior. I think, you know, we could ask that maybe some police officers pick up their um frequency of, you know, being in the park. I think that's a good idea. Um so I am very, you know, sympathetic to this incident that um a resident experienced and they're not the only one. This is something that happens all the time, but it could happen on Corey. It could happen on Crocker. it could happen on visitation and that by that logic it would mean that we would then need everywhere there's an incident like this we would need another camera and at that point you start I to me it's a slippery slope I was pretty hesitant about moving forward with this because it felt like big brother to me and I was very hesitant about the flock system actually it took

a lot to get me on board with that I think that the results are fantastic. Um, I like that you can't see the a person's face, their likeness, any anything identifying about them. Um, but I decided, you know, to entertain a 90-day trial because I could see that it was really important to some members of the community, really important to Council Member Kerna. And so I kind of reluctantly said like, you know, if it's a trial, maybe I could be on board because a trial means there's still an out. And um I ended up getting contacted by a mom in town and she said that she felt that um the opportunities for the public to weigh in on this were really not conducive for um someone with children to participate. and that people with children are a high percentage of the users of the park. And I sat with that for a day and I I thought, you know what, it's totally true. We had this demonstration or community meeting and it was from like 3:00 to 4:30 on a weekday. Even if you're a stay-at-home mom, you're picking your kid up at that time. You're probably taking them to sports or you're getting them to do their homework or you're at work. They really limited how it limited the ability for parents with children to engage with us about this. And it's hard at this time too. This is bedtime. A lot. If your kids are at sleep, you cannot kids are asleep, you cannot come down here and give comments. It's the witching hour. So this morning I I I also felt like the public input was really lacking in the last few meetings. we have um you know the people that we see at all of our meetings who are very engaged and but they I felt that there was a lot of feedback missing and so I I

sent an email to the mothers of Brisbane group this morning and I said you know here's a little bit of background the council is considering this item you guys are heavy users of the park I'd love to know I'm sure the rest of the council would love to know how you feel about it Um, and I I what I thought we would get back was a mixture. I thought we would um get responses like, "Well, you know, sometimes my kids go down to the park unattended and having a camera there would make me feel safer." I thought we would get some comments about feeling a sense of safety due to cameras being there. And I thought we would get people responses from people that were critical of having cameras. And all of the responses that we got were from people with kids who said that having cameras there would make them feel less safe. So much so that some people said they would stop going to the park if cameras were installed. I also had people personally reach out to me who felt uncomfortable publicly stating this, but feeling with the rise in ICE activity and the way that our federal government is behaving, this impending sense of doom and fear around people, other agencies that have more power than our police department, accessing this footage and using it to detain somebody, to take them into custody. We've seen citizens, you know, being kidnapped by ICE and that is I'm so sensitive to that concern. And um you know, some some may say, well, you know, if we have the cameras, if we don't have the cameras and something happens, everyone's going

to be wishing that we had cameras there. And you're going to get that criticism. You know, once something pops off and there's no cameras, everyone's going to say, "Well, the council had an opportunity to put cameras and they didn't and they're the ones to blame for this." But I think you can totally argue it the other way. You We could have cameras and somebody could access that information to harm one of our citizens and we would say, "We would wish we did not have the cameras there because look at the outcome." So, you could argue it either way, but now that I've seen this feedback come back, and it has it has been overwhelmingly from people who are against installing a camera. My gut initially was that I was not comfortable with this. And now hearing from parents and hearing from more members of the community who also feel that way, I cannot move forward with installing a camera. I don't think we need any information about park demographics. And um based on what we learned from the police tonight, having a camera is not going to solve or even impact the type of issues that we wanted to put the camera there in the first place. So, it's a no for me.

Council member Lent.

Thank you, Madam Mayor. Um, I just first want to just thank the public who sent us uh emails and and folks who are here tonight to express how you feel. Um, I also want to thank Council Member Kern for uh bringing this to our attention. I mean, this is something that's important to you. You took feedback from the community and and you acted in in uh a way that you felt um was responsible. And so, um, this is why we we have these discussions. We weigh the pros and cons. We listen to everyone. And ultimately, and we have to make the the decisions. And you, similar to you, Council Member Davis, you know, I was willing to entertain for the 90-day uh trial, but, you know, we are public servants and we we are accountable to the people and and we take in that feedback. And uh I thought that the positions from the public were very very strong and um and definitely overrode any kind of like oh maybe I'd be willing to entertain. And so we we do have a lot of surveillance in our society and it'll probably continue to to grow and and be that way. um you know who doesn't have a ring system around their house. But you know, as a member of the public mentioned, you know, that's that's a personal choice. And this is a public uh situation. And so in regards to a park, it should be free to dance around or be as you want with, you know, no, you know, to be carefree. And I I agree uh with that. If it's a, you know, a

building like city hall or a school. Okay. Yeah. You the camera just makes sense there. So, I am not in favor of moving forward uh with the pilot program.

Okay. Before I say Council Member Kern, I'd like to go first in that I have a suggestion that I'd like you to hear before you respond. Uh again echoing some things that have already been said we haven't had many people weighing in for the cameras. Um parks and wreck finding out that that they have employees there. Analytics, you know, let let's utilize parks and wreck employees to do analytics on who's using the park, how many what days. They're already there according to our parks and w director. Um, I'm just going to tell you I had incidents with dogs. Chief MSUS knows about it. Contractor was doing business in the block that I live in. Various residents were being attacked and harassed. I couldn't go out the front door without two giant dogs coming after me. And this went on for weeks. And given the same problem that the police have to see it in the act, um, a camera in the park would not have helped me or anyone else. And so I contacted the chief who was very gracious about, okay, you know, let's find a way and they they observed and worked it out and and chief were they not cited several times. So when we ask about did does the police department ever site the dogs? Yes, you did and thank you for that. It was really appreciated cuz it was a terrible problem we were dealing with. I mean if you think about you can't even go out of your house without these dogs coming after you. We have a problem with off leash dogs. I agree. Do we need a camera to stop it? Maybe, maybe not. Some people might say that's

the best solution. I would like to propose 90 days stepped up enforcement by the police. I would like to propose that the public in Brisbane contact the police, indicate the areas where they have dog issues, someone who is continuously walking off leash dogs. I would like city communication staff to do a media campaign on the star and the blast on our website that we have an off leash dog problem. that maybe we've tabled security cameras due to multiple concerns raised, including ICE and privacy concerns, but that we are concerned about the safety of our citizens. And we would like the residents to report the dog problems with the caveat violators will now be cited actively. Council member Kern I want to thank the public uh again for all of the support and feedback um that uh that we've received. I want to thank my fellow council members for their opinions and their strong consideration um on this topic. Um I do want to respond to some of the feedback that I've heard and received over especially over the past 24 hours. And I do want to thank uh Council Member Davis for her email. Uh, I did receive feedback from the email. People came to my house today.

To your house? To my house. And it was all positive feedback. So, that's not the stuff that you received. So, um, first of all, I just want to start out uh, one thing I want to address and let's just get this out there and make sure that people understand. Uh, our attorney Tom is on the call. Tom, can you hear me? Can. Tom, what kind of expectation of privacy should a person have when they're in community park? They don't have a reasonable expectation of privacy. Tom, is that public place? Is that exclusive to Brisbane, exclusive to San Monteo County, exclusive to the state of California?

No, it's a federal it's a decision by the US Supreme Court, a series of decisions by the US Supreme Court. Okay. So, if anyone wants to dance in Community Park, they should feel free. But it's not private. No.

Okay. So, thank you for that. Um, I want to say I think I here's where I'm going to go. Um, we started working on this last summer. Um, and at that point in time, I knew it was going to be very important for me to take a look at the overall surveillance in the city of Brisbane as a whole. So, um, I contacted obviously, uh, our police chief and staff and we talked about the cameras that are in existence today and what we were using them for. Uh, that's been reported out. I'm not going to go back through that. Um, I also want to report out a little bit on some primary research that I've already reported in the past, but I want to go through it one more time here. So, this data is old now because it dates back to August of last year, but this is primary research that I did over an 8-day period. 8 days in August, I walked a total of 9.4 four or five miles over 10 trips in the city of Brisbane. That includes central Brisbane and the homes at the ridge. I was captured on 384 cameras. I counted them and recorded them. With that being said, here's what I cannot tell you about those outings. I cannot tell you the make and model of those cameras. I cannot tell you who owned those cameras. I cannot tell you who's watching those cameras. I can te not I cannot tell you who is sharing the data from those cameras. I can't tell you how long it's being kept. I can't tell you where it's being stored. Did you know that when you store stuff to the cloud where it actually resides the server address could be in another state in another country and the privacy laws follow those jurisdictions. So, just letting you know, I can't tell you that. Um, a lot of these uh doorbell cameras and other security cameras have a friendly face

feature, which is biometric identification, meaning your child comes home from school, the camera recognizes them, and the door unlocks. I don't know who's storing that. Someone's got to store that face. And last, but not least, there's all the digital dust and metadata that goes along with that. So, those are the things that I cannot tell you about that primary research. What I can tell you is in tonight's council packet, we have a policy for the 90-day trial. It's an impressive policy. I work with our attorneys on it and I went through it. Faces will be blurred by the company. The only way any access is provided to the data is through a police case report or in certain circumstances analytic analytic information through the city manager's office. This is a very very thorough policy covering this one camera and is much more thorough and in-depth than our other cameras. With that being said, I received a lot of feedback like the rest of the council did over the past 24 hours saying the camera is an expense we cannot bear. I think a lot of people would be super surprised to find out that a Brisbane police officer does not earn the amount of money I'm about to quote. But when you fully load the salary, the benefits to be using police officers to chase dogs that are off leash, the average cost of a fully loaded police officer in the city of Brisbane is over $250,000 a year. We just cannot add police officers any given day of the week just to have more police staff. The city simply can't afford it. We don't have that that amount of money. The other thing that I heard, and this was really frequent and we really need to talk about it, but people said the data can be hacked. Someone reached out with the ICE example, which I think was great, and we went down to community

park, sat in one of the picnic tables, and we talked through what we were proposing in the policy. Maybe they left with their minds changed, maybe they did not. But I'd like to point out in very recent history, very recent history, this is something that you can Google on your own. Walmart major data breach. Amazon major data breach. Apple major data breach. Exxon Mobile made major data breach. And the last one and they received some hefty fines was CVS Health medical data. These data breaches happen constantly and a majority of the people in this room have been affected by just these five companies and their data breaches. So, as we move forward, the data breaches for the camera alone are not a reason to say no to the camera. It's happening everywhere else in your life. With that being said, uh I just want to thank everybody for um their support on this and thank you for listening to me tonight. And again, thank you to public works for being out there on the weekends monitoring the uh the uh rental spaces and for the new doors in the bathroom. I think that's fantastic. So again, thank you everybody.

Can I have a a one quick follow-up question? Absolutely. Council member Kerna, on your 9.8 mile walk, how do you know you were recorded on each of those cameras? I mean, how did you see that there was a camera or do you have a thing that RF device that tells you? I am not that sophisticated, Council Member Okonnell. No, I was just doing a visual inspection and counting cameras that were pointed in my direction.

Okay. Thank you. Anyone else further comments? No. So, this is an action item which would require a first and a second to adopt or deny a 90-day pilot program for the use of a camera in the community park. that would be subject to limited purpose and use of the data recorded as set forth in the pilot program which was in the staff report. Would someone like to make a ma a motion for or opposed? I I'm not sure how that works, but maybe you make a motion like someone wanted motion for the what's here and if there's not a second

you can make a motion either way. Yes. Either way, we have make a motion to approve the 90day uh test and policy as included in the packet um for the community park camera. Okay. For the purpose of a vote, I'll second that. All in favor? No. No. All opposed? No. No.

Okay. The motion does not carry. I I would still also like to thank Council Member Kern. You have been an advocate for our residents. I know how tough it is. I've had it happen to me where residents want something and you've done your due diligence. You brought it to the council. You've brought it to the community. Um, we can always revisit this in the future. It's not it's not something that that would be out of the question necessarily because people change their minds. But, um, I appreciate all the hard work you've you've done on that. Thank you, Madam Mayor. I respect you for that. Thank you,

Madame Mayor. Before we move to the next item, I wanted to uh go back to the suggestion that you had made related to um enhanced uh work in the park um and communications. Is that a collective council direction for us to take a look at? Um it wasn't specifically uh discussed outside of your suggestion. Do you want to restate what that would entail? Well, I think we need to spend some I need to spend some time with uh with staff. Um we've had a little bit of communication here. We have um we have an officer that uh would be suitable for such work and also our code enforcement officer.

Um what I would like to talk with staff is um if they're doing that that means they're not doing other things. So our officer is assigned in the mornings for instance to monitor um school um drop offs and then in the afternoon pickup. So we would not be able to be in the park the entire time with that. And then Will, our code enforcement officer, has a very full load of code enforcement cases that he takes on. It will just it will mean that other things that they normally do will take a little bit longer. That does that's no reason not to do it, but just wanted to make that

well and and I don't think I was suggesting that that an officer be dispatched to the park for an hour or two or three hours. More so that if if someone like Mr. Cardardoza that was here said he walks at 7 a.m. and there's always an off leash dog. Then we can dispatch an officer at 7 a.m. They don't have to sit there for hours and maybe no one will be there that day. But I I think we can work that out perhaps with the chief on on staff if you would like to to follow up on that. And and I would like to see the communication staff though

put the word out that we need those reports. It can't be where we just like like several members of the public. Yes, we have a problem, but I'm not sure the police are hearing that. We and to that point, in other communities I've worked in where this has been an issue and it's an issue in most communities. Um the um we should be we should set our expectations related to what communications signage will do. People who there are people who know they're breaking the law and that will not change anything. So just we should temper our expectations on what will actually happen related to enhanced communications and the like.

I think it's something like you know I I I think there was enhanced communications around the poop fairy doesn't exist.

I think something like that like see something say something. If you're seeing dogs off leash you may feel that that's a poor reason to call the police. But right now we are really investing in additional community education. And part of that is unfortunately it might be a nice dog. It might be somebody you know, but we are not going to begin fixing this problem without cooperation from the public. And then an officer can go out and have those conversations and start with education. And maybe after a push, you know, we did that on San Bruno. I think there was like a lot of conversations with people and then the next month they started issuing more tickets. So maybe that's I think that's the communications piece is around encouraging residents to report when they see this kind of behavior happening.

I'd like to add to what Council Member Davis said. A lot of people will say, "Well, this person always walks the dog off leash but seems fine. Never has hurt my dog. never seen it go after anyone. Your dog may be fine. And and I've had people tell me, "Oh, my dog's fine." And they tried to bite me. So, I I think it's important we realize an off leash dog is not necessarily safe no matter what anyone tells you. And they may not be safe with your dog or your child or a different person. You never know. So, we need to to enforce the leash law. I think we're going off topic from the cameras to Doug and and law enforcement and maybe that's a discussion for later when we discuss council matters.

Well, and I think staff, if you could come back then and and maybe just give us uh um advice in the future. Sure. About we'll design a we'll design a a proposed program and and come back and and get the council's take on what we're considering.

Yeah. And you know, and if I I just want to add to something real quick. Um, since we are talking about dogs and being off leash, um, I would say every day in the afternoon after school driving by bees, there's a big sign that says no dogs on campus and people are having their dogs run around the the field. Obviously, you know, the dogs running around the field. you can't be, you know, picking up your dog all the time, you know, and then those kids play on that grass. So, you know, when the police officers are driving by and they see someone with their dog off leash, that's an easy one.

Same thing with Litman, too. So, those are those are magnets for dogs being off leash. Yeah. And as the council knows that if the police in their active duties during the during Well, no, no. I was going to say the opposite is if they see something egregious like that, they will absolutely engage with with someone. Great. Thank you. Madame Mayor, before we go on to the next item, can we take a a a quick break, please? Okay, let's take a 10-minute break. Yeah, 510, whatever. Yeah,

just take a 10-minute break. Thank you. Heat. Heat. Heat. Heat. Heat. Heat.

Heat. Heat. Heat. Heat. Heat. Heat.

up. Heat. Hey. Hey. Hey. Hey. Hey. Hey. Heat. Heat.

Wow.

Heat. Heat. Heat. Heat. Heat up here. Heat. Heat. Heat. Heat. Yeah,

heat. Heat. Heat. Heat. Heat. Heat. Heat.

Hey. Hey. Hey. Okay, we're continuing the meeting. Moving on to item L, development impact fees.

We're muted, by the way.

Are we all live for sure? Are we unmuted? We're all unmuted.

Okay. So, again, we're moving on in our meeting to item L, development impact fees workshop. Could we have staff report, please? That's item L. Thank you, Madam Mayor. Um, if I can have the slide deck pulled up, please. I'll go ahead and start. Uh good evening mayor, mayor prom and council members. Um Christina Fernandez, your assistant city manager. Thank you for your patient with patience with me as I was out sick uh the last time we did this and thanks to Jeremy for taking the lead on at that meeting. I did watch that meeting. Um and I I definitely took note of all of your concerns and your questions and I hope I answered all of your questions in the staff report. Um if I could ask that you just hold your questions the until the end of my presentation just given the time uh I would I would really appreciate it. Thank you. Next slide. So, as you know, uh, staff has been working on this for some time since 2023. We finished our last Nexus study in 2025, and we had a couple of work, um, workshops on this in January and February of this year. Our hope is to take the feedback we received tonight and provide you all with a recommendation at a future city council meeting. Next slide. So, at our last meeting, um I heard you all with the round of questions that you all had were really great. Um I think we did our best to answer all of your questions in the staff report. uh with the exception of the last bullet point which um I did not put in the staff report because I wanted confirmation from our consultants and that was using um construction costs over square footage in um you know deciding determining the the impact fee that was not recommended as a tool by our consultants. Uh proportionality is really key when you're determining what the fee should be. And this is why they

use square footage, units, rooms as all metrics as opposed to um as as opposed to construction cost. Correct. Apologies, it's kind of late. Next slide.

So, uh seeking your input tonight. We're seeking your input on where you'd like to set the fees per development type. We've provided an updated matrix uh just based on the conversation that you all had at the last meeting uh actually breaking it down by fee type. Next slide. Just some things to note. There are just a few important considerations to keep in mind as you think about fee levels. First, rates that are set will impact the amount of development in the city. And this is a policy decision that should be made by the governing board, all of you. Uh second, we will accumulate fees, but we may be constrained if we set the fees too low such that we can accumulate all these fees, but if the fees are really low, you know, there's not going to be a big enough pot to actually um respond to the impacts uh as a result of development. Next slide. Next slide. Oh, I'm sorry. And I should just also mention that impact fees can serve as a baseline for from which to negotiate fees in a development agreement. Next slide. So the matrix is updated such that it includes the various fee types transportation, parks and recreation, commercial linkage and public facilities. In the next few slides, I'll walk through each of these fee tiers low average and above average and would gen what what that would mean generally from a policy and development standpoint. Next slide. So what does it mean if you score on your matrix a one? That means it's you want a low fee for that fee. Uh so starting with the low fee option, some advantage of advantages of this include reducing the upfront costs for developers, supporting housing affordability, and becoming more competitive compared to other cities. The disadvantages of lower fees may be generating not enough money to cover the cost of new infrastructure. And as a

result, the city may have to cover the that cost. Next slide. If on the matrix you score the fee a two, so it's an average fee. Setting the fee at at the average provides a balanced approach and it aligns with the region. It provides predictability for developers so they know how it's going to pencil when they're doing, you know, their financing. And it's also less likely to get uh challenged in court. Some disadvantages of this are that average fees may increase development costs which may affect affordability and if the growth is rapid the average fees may not keep pace such that they may not be able to cover the full cost of the infrastructure. Next slide. If on the matrix you score something high, meaning you want an above average fee, there is a strong pot of funding for infrastructure and it discourages those speculative projects that maybe would not necessarily um you know want to go through the process if they're kind of on the margins. Um and it ensures that the development covers its full impact. The disadvantages of high fees are that it may cause higher development costs and there is a risk of reduced development and we may be less competitive when compared to our neighbors. Next slide. So to help frame these tiers, the comparative study was done by matrix to show how nearby cities are structuring their fees and this allows us to understand whether the option were options we're considering fall on the high or low end relative to similar communities. based on the criteria of their size, growth patterns, and urban form. The next few slides illustrate each development category. Single family residential, multif family residential, research and development and office, hotel, industrial, and commercial or

retail. Next slide. So, in looking at single family residential, uh you'll see that only San Bruno and Milbury are above average with higher fees. The majority of San Bruno's fees are for housing and the entirety of Milbury's fees are for general government. South Cities is a tad below the average and Daily City, Burlingame, and Everyville all are significantly lower. So, in looking at your matrix, if you wanted to now or later, uh you could input a one for lower fees or a two for an average fee or a three for higher fees for each fee type. And just a reminder that we are not charging a commercial linkage fee for housing developments and therefore they're xed out on your matrix. Next slide for multifamily residential. In looking at this development type again San Bruno and Milbury have higher than average fees and Emeryville has average fees. Berling game South City and Daily City have lower fees. Again, the majority for San Bruno's fees are for housing and for Milbury, the entirety of their fees for general government. The bulk of Emeryville and Berling Games fees are also for housing, whereas South City and Daily City's fees are predominantly for parks. Again, now either now or at a later time, if you wanted to assign a one, two, or three per fee type under multifamily residential, staff could then take back that feedback and recommend actual dollar amounts at a future city council meeting. Next slide. For research and development and office, uh, South San Francisco and San Bruno are above average. The bulk of San Bruno's fees are for housing, whereas the bulk of South City's fees are for transportation costs. Berling games fees are set at the average and Milbury, Emeryville and Daily Cities fees are set

lower than average. So again, please feel free to assign a one, a two or a three per fee under R&D and office. Next slide. For hotel development, San Bruno and Berlingame are slightly higher and housing makes up the majority of both of these cities fees. South San Francisco's fees are at above or are about average and Milbury, Emeryville, and Daily City are below average. Next slide. For industrial, only South City is above average with the bulk of the fee being its transportation impact fee. San Bruno and Daily City are average. Milbury, Berlingame, and Emeryville are below average. Next slide. And for the last development type, commercial and retail development. San Bruno and South City are above average with the bulk of South San Francisco's fees being made up of its transportation fee and San Bruno being its utilities fees. Berlingame is at the average and Milbury and Daily City are below average. Next slide. So this table looks at each development type and lists where their fees align with the overall average. This is the total impact of of their fees. Uh staff is hopeful that this may help in determining where you generally like to set the city's fees per development type. Next slide. So next steps are to gather your feedback. Uh, I could collect your MA matrices and provide you with recommended fees based on that feedback at a future meeting. Uh, we'll then bring to a future city council meeting for a public hearing. Next slide. And that concludes my presentation. Thank you for your attention and I would

love to answer any questions and or take any feedback you may have. Let's start with some council questions. So, I'm going to start with Council Member Lent. I know you have a question. All right. Thank you, Madam Mayor. Um, thank you, Christine, for the the very thorough and and and speedy uh uh presentation. So, you know, I want to go kind of go back to these uh

these slides here and and so the that first one, the single family. So, um, Brisbane's on the left side and, um, so the there are things that are are colorcoded, but we haven't set any fees yet. So, I'm just curious why that has those different Yeah. So, for Brisbane, that is the maximum justifiable fee that we can charge by law. So we had a series of nexus studies that were done and said per these nexus studies this is the maximum amount that you can justifiably charged get charged um without you know it being litigated or or challenged in court.

Okay, perfect. And then you know kind of based on that just looking at this graph here um or this slide so San Bruno and Milbury are higher than the Brisbane column. Mhm. So if we decided to go with the max, we would still be below two cities. Am I reading that correctly? Okay, great. And then and then going on to multif family, the next slide.

Uh similar situation. Uh that's the maximum. We're still lower than San Bruno and Milbury. And that's just based upon our um nexus study. That's these are all based on the nexus study. Got it. Got it. Okay. So then going on to the next one and and then the the the following ones there. So Brisbane's max is like this really tall tower. Yes. And in in the other cities are very very low. And so this line at the bottom that's going across that is the average. That is the average.

But that average is is so you know it's kind of low compared to what Yeah. So I can you kind of walk me through that? I mean I I see you know the blue color and it's like yeah housing is like a gazillion dollars that we could potentially raise, right?

Yeah. The impacts are pretty high for housing across the board. So that that there's always going to be a disproportionate part of our graph that is going to be towards housing. That's always going to be the case. I will say that um you know and just because it's a a maximum justifiable fee doesn't mean that we should necessarily charge the maximum just because you know maybe we can um you know maybe we can defend it in court but that doesn't mean that it would then be attractive to developers to come and and build here if if the fee is so high and let's say our neighbor our neighbors fees are lower. So that's another thing just to take into consideration.

Okay. So just looking at South City big research and development, you know, type town. They have u most of their um impact uh fees going towards transportation. Is that because and I'm just speculating here, but you are from South San Francisco originally that okay well here's all these people coming to work and they're creating these impacts. Therefore, um this is where we're going to put the money because it's going towards transportation which is impacting our roads and things like that.

That's correct. Um they also did Nexus studies that showed that they could charge a certain amount for transportation fees. So they also have a tiff, a transportation impact fee. Okay. Um you know what? I in the interest of time I'll I'll I'll give up my other questions to We can always come back. Yes, exactly. Madam Mayor, can we extend the meeting after 9:30? Yeah. Can I have a motion to extend the meeting? And how long do we want to extend it? I would say 30 minutes. 30 minutes. I think we can knock it out in 30 minutes. Extend the meeting 30 minutes. Have a motion. Second. All in favor? I. Anyone opposed? No.

30 minutes. Uh, Council Member Davis, do you have a question? Questions, comments at this time? No. Council member Kern, questions, comments? Uh, Christina, you mentioned that you watched last meeting. I appreciate that. Yes, thank you.

Um, and just a quick background, uh, I have had questions for Christina on this stuff and she's been fantastic. The your presentation tonight was exactly what we asked for. So, thank you so much for that. Um in the last uh session uh I did ask under single family residential and Tom confirmed that we can adjust that by square footage. And I just want to call out that that's an option as we're moving forward that if we wanted to say a home under 500 square ft would not have an impact fee. A home over 3,000 square feet would have this impact fee. I just want to call that out that that's still an option for us. That's correct. Okay. Thank you. That is all. Okay. Council member Okonnell.

Thank you. Um when we're talking about these fees, um say an infrastructure fee. Um, and if we were talking about a large project with no in current infrastru in infrastructure, would we expect the developer impact fees to pay to put that infrastructure in for that need?

Typically, uh, there there are various financing mechanisms that large developers typically utilize such as a community facilities district or an EIFD. Um that's typically what's being used for public infrastructure for very large projects. Um you know impact fees are really supposed to be in response to large developers such that uh you know they're really supposed to answer uh a need uh to the community such that they're like okay there's this growth it will negatively impact the existing community. Therefore this public infrastructure is for that existing community and not for the development. So any impact fees would be in addition to developer required infrastructure that had to go in just to service that development. That would be excluded from what these development fees would typically be used for.

That's correct. Okay. Thank you. I think I got everybody. Okay. Question. I'll make them quick. The other cities that the data compiled are are we at all any idea whether those fees that they have are up to date? I understand daily cities has been um hasn't been updated in some time. That's why theirs are consistently low.

Okay. Because I I'm just making a note. I'll just say it. Housing advocates been asserting now for 6 months to a year that too many fees are inhibiting housing. Just a comment not from me but from them. Would transportation be a major justification for fees in Brisbane? I would say that the nexus studies show that uh there there is a nexus between you know a development a potential development and its impacts on transportation in the city. So yes I would think that a tiff would be appropriate.

Okay. And in terms of the classifications, I had a little problem with it. And and maybe the classifications haven't been updated in years, and that's no fault of yours.

What do we define as industrial? And and I'll ask you, I'll explain why I'm asking. Where would tech fit? Where would distribution fit? Where would fulfillment fit? Where would data centers fit? Under what classifications? So I don't expect you to remember them all. Let's go from the bottom. Where would data centers fit? Is that R&D or is that industrial? What did you what data centers? Data centers. Well, any idea? And I'm sorry if I'm catching you off guard. That's okay. But this really kind of

Yeah. Actually, um I don't have the consultants on online who provided the information for the Nexus study and I don't want to give out bad information. That's fine. That's legit. And and fulfillment is that industrial. It's kind of warehousy. Yeah. Typically that is um industrial. Okay. Yeah. And then distribution maybe the same industrial correct and tech depends on the tech. I would say if it could be potentially office or it could be R&D but typically R&D and office are lumped together in a lot of the nexus studies. Okay. Yep. And that's it. Thank you.

Thanks. Anyone else more questions? I'm giving you around two. Okay. Yeah, I'll take you got time. Thank you so much, Madam Mayor. So, if we wouldn't mind going back to the um the R&D slide, please. Sure. All right. So, that that the Brisbane column. So, um the other um buckets are similar to the buckets in the other cities, but the housing one for us is the the real Mhm.

big one. So, like if we were to kind of potentially get ourselves in line, would you would you keep the other impact fees where they are and then bring shrink down the housing one to be more in line? How does that work? Yeah. So, it's really um that's a great question and that's part of the reason for the conversation tonight is to get a sense as to how you want the total impact fee to look like, right? Like I I mean I I appreciate the comments about you know how you want to set each each fee whether it be transportation or parks and wreck but ultimately what's going to matter to the developer is the bottom line and what's the total impact total cost.

Yes. So if you were to tell me you know I I would prefer that you know R&D be set at the average then I would look at adjusting all of the fee types such that they are at the average. Got it. Got it. And which is going to be that line correct we see. But if you were to say, I have a preference for housing and I want that to be a little bit higher than parks and wreck, then I would adjust that accordingly and try and make that still fit within the average. Got it. Okay. All right. Um, this is really helpful. Do you have more questions before you go on? No, I don't because someone else.

No, I don't. But, you know, um I'm glad that we're going to come back and give you that that information because to to analyze that, I think you you you need to spend some time and like really think it through and we would waste the time tonight. So, just putting that out there as a suggestion, which I think we've all agreed that that's what we're going to do. So, okay. So, Christina, you I'm I'm going to let you decide. How would you like to proceed at this point?

I would love to just get your general feedback for each development type. How you would like to set the fee for the total impact of the fee. But that being said, if there was a certain fee that you think should be prioritized above other fees like housing or transportation, uh if you could just call that out specifically so I would know and then I could set it accordingly. So, how about I'm going to just let you take the meeting from here and and you go by the topics and then I'll call on my colleagues here and if you can just keep track of the feedback. Yes, of course. Can I ask one more question before we do that? One more question. Go ahead.

One more question. Um, so for park and recreation, I know that uh council member Davis and I uh last time we were playing Sim City and we were tearing down Mission Blue and rebuilding it and do all the all that kind of stuff. But for the park and wreck fees, is that for services and programming as well? So, let's say we get a thousand more people in town because there's a big uh high-rise that goes in. Is that can we use that for that kind of programming or is it only for tangible facilities? Typically, it's just for something that's tangible, not so much. Yep.

Okay. It's all yours. Great. So, I guess we'll start with single family. Um, and we just like to get a sense of for single family residential, you know, how you all feel about setting the fee uh below at the average or if you'd like to set it higher than the average. And if there's a specific fee that you again you would like um to maybe be ranked higher than other fees, if you could call that one out as well. Okay. Council member Kern, where would you rank it?

Oh, this is my complicated one. So I think that we need to determine the average size of the ADU for Brisbane and anything below the average ADU I say there's zero and then for general single family residential I would go two. So average across the board for an overall score of six. Okay, great. Thank you. Mhm. Council member Davis, I just said below. Okay. And I think, you know, regardless of whether you're adding an ADU or not, like more housing equals more people. And I think if you're having ADUs, you likely aren't having parking. So transit becomes that much more important.

Okay. So, I don't I mean, we want to encourage as much housing as possible. That's why I put it below, but I think that all housing, all added housing does still carry a responsibility. So, what are your I just said below and I I didn't put a preference on what's I didn't rank for that one. Yeah, that's fine.

Council member Lens. So when I look at uh this uh this column and compare it to the other ones and just looking at where you know they have their other cities have where they're putting the money to me the max makes sense to me. So I would do uh the max on that that's shown. Okay.

Council member Okonnell. I like the I like the tiered idea and that that we don't do um a heavy impact fee, a low impact fee or no impact fee on ADU. And I think a modest house should have less than the big McMansion. So, and and within that range, I think it should be average or below average for the ADUs. Okay. Thank you.

Um, I like the tiered effect as well. I I would like to see us increase the segment for transportation. I think that's something no matter where you have a house in Brisbane or an ADU that that needs to be funded, but I would go average across Okay. Oh, and just to be clear, we're just looking at 2500 foot homes and bigger, correct, not smaller. Well, so 2500 square f feet is um what was used by the consultants to determine the fee. And so that's what was used and compared across other cities. Yeah.

That's not necessarily where you would you could set it lower or higher depending on, you know, you said a tiered approach according to, you know, the size of the home as it relates to ADUs. We could definitely look at the average size of an ADU and write the fee accordingly if you like. But does the Nexus fee support does the Nexus study support that because they only looked at 2500 square ft?

Yeah, I mean I think that as long as you're within the maximum justifiable fee, we'll be fine. We just have to be within within that um within the maximum that was you know that's in the nexus. So one of the additions I guess to my comments as I'd like to make is that for single family residential I think that their fee should be going to transportation and poss possibly um I mean are we supposed to be giving where we want the fee to go or are we going to divvy that pot up later? Um, you can definitely let me know if there's something that you think should be ranked higher or lower specific to the fee right now if you'd like. And um, I'm happy to make those adjustments and make it align with where you want it to be overall if there's consensus that you all want it to be somewhat, you know, maybe slightly above average or at average.

So, so if I may, so like just again using this this column here. So the gray is um is parking rack. That's correct. Okay. So if one if someone said, "Oh, I want parking wreck to be It's already Well, I don't know. I guess it's hard to tell if it's above average or whatever." Parking wreck or is it library? I can't tell the difference. It looks like it's park and parks and recreation. Yeah. So So parks and recreation. So say you wanted to be uh low. Just just saying that low. Then would you then would the whole column come down

or um would you just say okay I want park and wreck low and and we'll make a g or yeah general government a three. So then you would put more into general government less into park and wreck and you could still say I want I want the maximum. We already know what the VAR is, which is 77,000. And you just stay at 77,000, but you move the Yes, we would play around with the pie. We play around with the the different impact fees,

right? To reflect sort of what the desires are as it relates to um the ranking of the fees. And if there isn't a desire to rank the fees, we would make it such that the, you know, the pie was somewhat even as long as it would meet the criteria of being um at or above or below, you know, the average depending on how you all want to see it. Yeah. You know, I personally I have a hard time being able to to do this under the gun. I really I really do. Okay. So, I mean, I would prefer just to to send it in to Christina my my input and actually think that's a better way to just email it because

yeah, because there's a lot of nuances here and this be honest with you, I was having a really really hard time and I was talking with Christina. I couldn't figure it out, but I think because I started drinking the Sprite and all of a sudden it just kind of it's clicking. High fructose will do that to you. It's It's weird. It's just like all of a sudden it's like, "Oh, I'm getting it after how many freaking meetings we've had." So, yeah. So, I Okay. Can I make a suggestion? Sure.

I still personally I would like to hear all your comments. I don't really want to have everybody send this stuff to Christina and then I go, "Well, this is what I want." I really benefit from hearing the rationale that all of you present. So if necessary, I hate to say this, I would continue this to another meeting if we have to do that or else we do a straw poll here really quick and then we come back again and discuss it. Let me I think to to the

Let me see if I can find a middle ground here a little bit if that's helpful. Um it it does seem as though coun some council members do want to spend a little more time thinking about this. um that information could be conveyed to Christina to prepare a subsequent report that then the council could have a discussion about because at that point each council member would have felt very comfortable with the justifications associated with where they're assigning things. Um we could uh Tom, I might turn to you. I think we could do that under a public hearing, right? I mean, if we set this up and we had the first public hearing, the council could have that discussion at that time. Is that correct?

Yes. Okay. So, the next meeting would we want to spend some sub substantial time on this, but the next meeting would give you the ability to continue to move it forward to a second reading at the following meeting in order to take action. So, again, each council member could compile data offline, provide that to Christina. We'll bring it back to the first of two public hearings and then council could have that discussion then. Just a suggestion. Council member Davis says yes. Council member Kern, I think that's a solid approach.

Council member Lance, yes. Council member Okonnell, that works. Okay, I'm all right with that. Thank you. Is there anything else you need from us tonight? Uh, no. I think that's good. Thank you. Thank you very much for that. I appreciate your patience with us on this. Big decisions. Big decisions. All right. I will keep my pile. Yes. I have the the massive pile as well. Yeah. Can may I, Madam Mayor? Yes. I don't think you guys need to provide this document again to us unless someone wants this cuz I have three of these down. Well, there was an added I mean this one just whatever's added. Yeah. Any any any added. Yeah. Just new new stuff.

It's all out of order anyway. Staff reports. Item O, city manager report, city updates, upcoming activities.

Thank you. Um I'm going to take this in reverse if I could. Um the council is will be meeting um in open session uh to conduct its annual priorities study session on March 21st at the Double Tree 10 to1. Uh we're excited to host this again. This would be the second session uh um that I've conducted with with the council. It's also a reminder last year was the first session that the council had in priority uh work in some time. Reminder that the council created three priorities that we're currently um implementing this year. One is related to the fiscal health of the city. One is related to facility management and long-term upkeep. And one is related to volunteerism. Two of those three, the fiscal um priority and the facilities priority were always intended to be multi-year given uh some of the challenges associated with both of those areas. As you know, volunteerism efforts are well underway under Christina's uh leadership. Um I just I wanted to carve out a little time tonight to uh see if the council had any questions related to the upcoming hearing. As a reminder, it's really just a conversation with each of the council members. And as I as I know each of you are working on what you would consider either additional priorities or augmented priorities uh for next year. Um some of those ideas have included uh the a deep dive on visitation avenue issues certainly the marina long-term but there may be other ones that the council wishes to to discuss. So uh mostly I'm giving a report tonight but if there's any questions or comments as it relates to facilitating that event in two and a half weeks I'd love to take them tonight. Obviously, we can take those offline as well, but if there's any immediate questions or comments, be happy to take those.

Immediate questions or comments? No. Good. All right. Hearing none.

Just to very briefly go through the calendar in the next couple weeks. Active adults programming planning and feedback sessions will be held on I clicked on the wrong button. March 10th at uh 2 p.m. at the uh Sunrise Room. Teen nights kicking up again March 11th from 5:30 to 8:30. Also at the teen, excuse me, at the senior center. Sunrise room. Active adults special events March 12th 100 p.m. Again, senior center. Sunrise room. Parents night out is on March 14th from 5 to 10:00 p.m. And that will be we're doing everything at the sunrise room this week. And then finally, oh no, that's the last event uh before the next meeting. That concludes my report. Thank you.

Mayor Council matters item P, future agenda items. I have two if no one has any. I have one discussion item and I'm not sure that this is um in in today's um um our our when we when we discuss the item on uh on um participation on what kind of uh sponsorship we're ready to be The staff report said that the new protocol was to be bundling uh requests for sponsorship to paperwork reduction basically. And it's come to my attention that there's some issues with that. And it also um when they're bundled this way, it makes it difficult if they're being put off for two or three or four months. the person who's requested the sponsorship doesn't have a clear idea whether or not they can go ahead with their event or advertising their event, planning their event.

Um, and so I think it would it's not the best method to do and I'd like to bring that forward to staff and if it needs to come back to council it can. Um, and also having it bundled would mean that if you're calling for more discussion on one of the items, it looks almost as if you're trying to pull something out where you have a a want for it or a disr. Um, tonight I didn't remove it from the agenda item because because there was an item that involved um the chamber. One of our members had to excuse themselves. So I couldn't bring it up during the item discussion. So and I wanted all of us to be able to discuss it. So I would like that either to be resolved on the staff level or come back to the council. bundling also precludes me from weighing in on I think anything it's all in one item. So I had to remuse because there's something that affects you know the the entity I work for but there's a lot of other um co-sponsorships in that package that I can't have any say on either. I do like the fact that they're they are showing in the staff report the the cost the overall cost of the sponsorship on the individual sponsorship requests. But I would like that and I would like that to continue. But if if it needs to go further than a staff resolution to this, then I think we should discuss it at a future agenda if that's amunable to the rest of the council.

Yeah, it looks like you have support on that. Okay. Thank you.

Anyone else have an item before I go on? No. Okay. I would like to get a consensus from my colleagues. We have never designated the acres property properties that we have now under the purview of the city as a preservation area. If we declared it a priority preservation area, sounds like it would just be a resolution. It makes us eligible for some grants that might enable us. There are grants enabling you to expand the area which might pay for acquiring more and potentially to help maintain it. So I would like us to consider making that resolution and declaring it a preserv priority preservation area. I would like the staff to research that and if and make sure about the feasibilities and the if there's any pitfalls and downfalls, that kind of thing. Sure.

Okay. Yes. All right. Second item, there are there's at least one city, I'll tell you it's Berling game, that's looking at their toot, and I would like us to look at our toot and see it. It is a year things are going on the ballot and maybe cities are looking at it because of inflation. We we've got, you know, soccer coming in. Um, just at least to look at it and how we compare to other cities in the peninsula, whether we should consider raising it to match what else is going on the rest of the county. That makes sense, right? Yeah. Take advantage of World Cup, right?

Okay. I'm sorry, Madame Mayor. So that would be an information item that would come back initially with with Okay. Yes. Because I I think it we need to do the due diligence and compare what else is out there.

Okay. Anyone else? No. No. Countywide assignments subcommittee reports. No. No. Okay. I have one and I'll make it really quick. I'll I'll take out part of what I was going to say. If there are lowincome residents in Brisbane struggling with utility bills, they may qualify. You may qualify if you're out there for Calera program. You have to be income eligible and you can be eligible for a full 20% off your bill. That's big. To enroll, you have to contact PG&E. That's Pacific Gas and Electric. That's who does the billing for electricity on your invoice. Afterwards, you should contact your electric provider. 99% of people in Brisbane are PCE electric customers. So then after you contact PG&E about Calera, see if you can enroll, get your 20% off your bill, contact Peninsula Clean Energy, ask to be put on a list for what's called the DAC GT program, DAC-GT. That stands for disadvantaged community green tariff program. If your low income qualifies you for this program, you could receive an additional 30% off your electricity bill. That's huge. That could be potentially 50%. There is a waiting list on the Peninsula Clean Energy Program, but people drop off, they move, they do all kinds of things. So, it it behooves you to get on the list because every time someone comes off, someone else gets to go on. The list is limited by the state. It only allows PCE to en

enroll a certain number of customers, but it's worth it to get on the list. That's all I have to say there. That being said, moving on. Any no other reports, written communications of which we had many correspondence was received from Danny Ames. Request to consider long-term cost savings of Tesla upfits for police cruiser fleet. Jason Nunan, request to halt camera trial in the park. Chris Hornick, two de two-year delay in repairing Brisbane Beach volleyball courts. Y Kim Folian regarding the BCC meeting agenda new business item N pilot camera in the community park. And we have um Janice O Young and others regarding request for review of Crocker Park zoning. Sarah Mills request for parent input and caution regarding proposed camera at community park. Allison C, cameras at the park. Dale Willam, proposal for cameras in the park. Danette Davis, item N, Community Park cameras. Annette, cameras in park. Emily Wurwick, request for parent input around proposed camera at community park. And that's it.

I need a ruling from the city attorney. It is 10 p.m. and we did not do oral communications number two. Do we need a motion to do oral communications number two? No, not for that sort of period though. Okay. Is there any member of the public wishing to make public comment? Seeing none, this meeting is adjourned at 10:01 p.m. Thank you very much. Thank you. Thank you.