Agenda, first session — San Bruno City Council, April 12, 2022

"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
On September 16, 2021, the Governor of California signed AB361 suspending certain provisions of the Ralph M.

Brown Act in order to allow for local legislative bodies to conduct their meetings telephonically or by other electronic means. Purusant to the CDC’s social distancing guidelines which discourage large public gatherings, the San Bruno City Council meetings are being conducted electronically. The meeting is not available for in person attendance. Members of the public may attend the meeting by video or phone linked in this agenda or watch by livestream at www.youtube.com/user/cityofsanbruno . CityNet Services Channel 1 will air the meeting live and the recorded meeting will be made available for viewing on the City’s YouTube channel after the meeting has concluded.

If you would like to make a Public Comment on an item not on the agenda, or comment on a particular agenda item, please email [email protected] . Emails received before the special or regular meeting start time will be forwarded to the City Council, posted on the City’s website and will become part of the public record for that meeting. If emailed comments are received after the meeting start time, or after the meeting ends, they will be forwarded to the City Council and filed with the agenda packet becoming part of the public record for that meeting. Emails received will not be read aloud during the meeting.

Individuals who require special assistance of a disabilityrelated modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the agenda, agenda packet or other writings that may be distributed at the meeting, should contact the City Clerk 48 hours prior to the meeting at (650) 6197070 or by email at [email protected] .

Notification in advance of the meeting will enable the City of San Bruno to make reasonable arrangements to ensure accessibility to this meeting, the materials related to it, and your ability to comment.

AGENDA
SAN BRUNO CITY COUNCIL
April 12, 2022
7:00 PM
Zoom Meeting Details
https://sanbrunocagov.zoom.us/j/84306068437?pwd=YTZJMzVNdVdmdU9SWGJTTXZvUGgxZz09 Webinar or Meeting ID: 843 0606 8437 (audio only)
Participant ID: #
Webinar or Meeting Password: 300882
Zoom Phone Line: 16699009128 (same webinar ID and password as above) City Council meetings are conducted in accordance with Roberts Rules of Order. All regular Council meetings are recorded and televised on CityNet Services Channel 1 and replayed the following Thursday, at 2:00 pm.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed three minutes. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
a. San Bruno is happy to partner with Recology San Bruno again for the Spring 2022 Community Clean Up Event (Drop Off) at 975 Sneath Lane. The drop off event will be held on May 14 from 8:00 a.m. to 11:00 a.m. at 975 Sneath Lane, and is a selfserve drop off, where residents will be required to unload their vehicles. Residents limited to 3 cubic yards per vehicle, and can include bulky items, ewaste, appliances, bags of garbage. Dirt, rock and concrete will not be accepted. Visit sanbruno.ca.gov for more information.
b. Please share your input as the City of San Bruno updates the current Housing Element! Your participation in the process is essential in helping understand and address housing needs in the San Bruno community – please take the survey at sanbruno.ca.gov/HousingElementSurvey.
c. Please share your input on the City of San Bruno Safe Routes to School Plan! Please take a few minutes to go online and learn more about the project and complete the survey by providing feedback on getting to and from school in San Bruno. Visit the project website at sanbruno.ca.gov/SafeRoutes. d. Issue Proclamation Announcing April 2022 as National Poetry Month. e. 2022 Update from the San Mateo County Mosquito and Vector Control District

6. CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested. a. Approve Accounts Payable for March 21, March 28, and April 4, 2022. b. Accept Payroll for March 13 and March 27, 2022
c. Approve Investment Report and Reconciliation of General Ledger to Bank Report dated February 28, 2022
d. Approval the Draft Special and Regular Meeting Minutes for the Meetings of March 22 and March 29, 2022
e. Adopt Resolution Authorizing the City Manager to Execute an Agreement with Badawi & Associates for Professional Auditing Services for Fiscal Years Ending June 30, 2022 through 2024 for an All Inclusive Fee of $139,005 f. Adopt Resolution Declaring the Continued State of Local Emergency and Need for the City Council and Other Legislative Bodies Subject to the Ralph M. Brown Act to Continue to Teleconference in Order to Ensure the Health and Safety of the Public Pursuant to AB 361
g. Receive Written Update on the City’s Response Efforts to COVID19 h. Adopt Resolution Related to the Emergency Replacement of the San Bruno Senior Center Chiller Unit: • Ratifying the Emergency Replacement Declaration of the Chiller Unit at the San Bruno Senior Center Authorized by the City Manager on March 30, 2022; • Waiving Competitive Bidding Requirements Pursuant to State Law and the San Bruno Municipal Code Due to the Existence of an Emergency; • Authorizing the City Manager to Execute Necessary Contracts to Mitigate the Emergency and to Appropriate Such Funds from the Building and Facility Fund Balance
i. Adopt Resolution Approving Agreement between the City of San Bruno and the Police Bargaining Unit and Authorizing Execution by the City Manager

7. CONDUCT OF BUSINESS
a. Waive First Reading and Introduce an Ordinance Repealing Chapter 10.21 of the San Bruno Municipal Code and Adopting a new Chapter 10.21 Regulating the Use of Disposable Food Service Ware by Food Facilities b. Receive Report on 15 MPH Speed Limit Signs on School Zones c. Appointment of Two City Councilmembers to an Ad Hoc Subcommittee for Public Opinion Poll Research Related to Potential November 2022 City sponsored Ballot Measures

8. PUBLIC HEARING(S)
a. Hold Public Hearing and Adopt Resolution Adjusting the Master Fee Schedule to be effective on July 1, 2022

9. COMMENTS FROM COUNCIL MEMBERS

10. ADJOURNMENT – The next Regular City Council Meeting will be held on April 26 2022 at 7:00 PM.
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"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
On September 16, 2021, the Governor of California signed AB361 suspending certain provisions of the Ralph M.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

8. PUBLIC HEARING(S)
a. Hold Public Hearing and Adopt Resolution Adjusting the Master Fee Schedule to be effective on July 1, 2022

9. COMMENTS FROM COUNCIL MEMBERS

10. ADJOURNMENT – The next Regular City Council Meeting will be held on April 26 2022 at 7:00 PM.
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"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
On September 16, 2021, the Governor of California signed AB361 suspending certain provisions of the Ralph M.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

8. PUBLIC HEARING(S)
a. Hold Public Hearing and Adopt Resolution Adjusting the Master Fee Schedule to be effective on July 1, 2022

9. COMMENTS FROM COUNCIL MEMBERS

10. ADJOURNMENT – The next Regular City Council Meeting will be held on April 26 2022 at 7:00 PM.
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO

DATE: April 12, 2022

TO: Honorable Mayor and Members of the City Council

FROM: Jovan D. Grogan, City Manager

PREPARED BY: Benjie Lin, Management Analyst

SUBJECT: Payroll Acceptance

City Council acceptance of the City payroll distributed April 1, 2022 is recommended.

The Labor Summary report reflecting the total payroll amount of $1,557,778.17 for bi- weekly pay period ending March 27, 2022 by fund is shown below:

Fund Amount

Fund: 001 - GENERAL FUND $1,099,195.75
Fund: 006 - AMERICAN RESCUE PLAN ACT 69,682.19
Fund: 121 - FEDERAL/STATE GRANTS 558.82
Fund: 122 - SOLID WAIST/RECYCL. 2,309.28
Fund: 132 - AGENCY ON AGING 1,053.27
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 9,283.47
Fund: 201 - PARKS AND FACILITIES CAPITAL 1,320.76
Fund: 203 - STREET IMPROVE. PROJECTS 11,276.10
Fund: 611 - WATER FUND 77,510.38
Fund: 621 - STORMWATER FUND 26,681.61
Fund: 631 - WASTEWATER FUND 78,189.52
Fund: 641 - CITYNET SERVICES FUND 114,589.75
Fund: 701 - CENTRAL GARAGE 9,564.02
Fund: 702 - FACILITY MAINT.FUND 29,232.41
Fund: 707 - TECHNOLOGY DEVELOPMENT 20,259.60
Fund: 711 - SELF INSURANCE 7,071.24

Total: $1,557,778.17

___________________________
Qianyu Sun, Finance Director Date
04/06/2022
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO

DATE: April 12, 2022

TO: Honorable Mayor and Members of the City Council

FROM: Jovan D. Grogan, City Manager

PREPARED BY: Benjie Lin, Management Analyst

SUBJECT: Payroll Acceptance

City Council acceptance of the City payroll distributed March 18, 2022 is recommended.

The Labor Summary report reflecting the total payroll amount of $1,541,377.17 for bi- weekly pay period ending March 13, 2022 by fund is shown below:

Fund Amount

Fund: 001 - GENERAL FUND $1,085,941.88
Fund: 006 - AMERICAN RESCUE PLAN ACT 68,728.32
Fund: 122 - SOLID WAIST/RECYCL. 2,261.97
Fund: 132 - AGENCY ON AGING 1,113.34
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 10,949.91
Fund: 201 - PARKS AND FACILITIES CAPITAL 944.98
Fund: 203 - STREET IMPROVE. PROJECTS 12,446.04
Fund: 611 - WATER FUND 82,980.71
Fund: 621 - STORMWATER FUND 25,584.30
Fund: 631 - WASTEWATER FUND 81,261.05
Fund: 641 - CITYNET SERVICES FUND 102,355.44
Fund: 701 - CENTRAL GARAGE 10,015.64
Fund: 702 - FACILITY MAINT.FUND 29,172.24
Fund: 707 - TECHNOLOGY DEVELOPMENT 20,453.15
Fund: 711 - SELF INSURANCE 7,168.20

Total: $1,541,377.17

___________________________
Qianyu Sun, Finance Director Date
04/06/2022
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO

DATE: April 12, 2022

TO: Honorable Mayor and Members of the City Council

FROM: Qianyu Sun, Finance Director

PREPARED BY: Esther Garibay-Fernandes, Financial Services Manager

SUBJECT: Monthly Investment Report – February 2022

The table below summarizes the investment portfolio’s total book value by Investment type.

Investment Type Total Book Value
TriCounties Bank $20,054,697
Local Agency Investment Fund 29,661,949
San Mateo County Pool 26,071,506
Government Agency Investments 66,632,497
Municipal Bonds 23,177,893
Certificate of Deposit 500,000
Money Market Investments 77,121
Total Investments $166,175,665

Respectfully submitted,

__________
Finance Director Date
03/25/2022
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City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Investments
Coupon
Rate CUSIP Book Value Market Value YTM Maturity Date
% of
Portfolio
Short Term Investments
TriCounties Bank Cash Balance 20,054,697 20,054,697 0.00% N/A 12% Pooled Investments
Local Agency Investment Fund 26,370,539 26,370,539 0.28% NA 16% Glenview Fire Local Agency Investment Fund
3,291,410 3,291,410 0.28% NA 2% Total LAIF 29,661,949 29,661,949 18% San Mateo County Pool 26,071,506 26,071,506 0.86% 16% Money Market Investments
U.S. Government Money Market 31846V567 77,121 77,121 0.02% NA 0% Total Money Market Investments 77,121 77,121 Certificate of Deposit
Morgan Stanley Bank Brokered CD 1.95% 61690UPF1 250,00 0 251,415 1.84% November 29, 2024 0.15% Morgan Stanley Private Bank Brokered CD 1.90% 61760A3 L1 250,000 251,083 1.80% November 29, 2024 0.15% Total Certificate of Deposit 500,000 502,498 0% Total Short Term Investments 76,365,275 76,367,772 Municipal Bonds
San Francisco Ca City/County Pub Util 0.50% 79771FAW7 1,631,308 1,612,563 0.78% November 1, 2023 1% Riverside Community College Non-Callable GO 3.61% 76886PFF5 1,080,380 1,043,640 0.70% August 1, 2024 1% California St Univ Revenue Txbl Ref Ser B 2.18% 13077DHM7 1,547,193 1,535,793 1.51% November 1, 2024 1% California St Federally Taxable Var 3.38% 13063DGB8 1,105,910 1,049,021 0.69% April 1, 2025 1% California St Federally Taxable Var 3.38% 13063DGB8 1,466,885 1,391,428 0.65% April 1, 2025 1% University Calif Revs Taxable Gen Bds 0.88% 91412HGE7 1,513,455 1,454,655 0.65% May 15, 2025 1% Los Angeles Calif Comm Coll Dist GOB Unlimited Tax 0.77% 54438CYK2 2,000,000 1,920,400 0.77% August 1, 2025 1% California St Univ Revenue 0.89% 13077DML3 1,459,170 1,444,365 1.64% November 1, 2025 1% California St Taxable Various GOB 2.65% 13063DMA3 1,068,690 1,024,710 1.07% April 1, 2026 1% Pasadena USD non-callable GOB 2.07% 702282QD9 1,043,920 1,005,330 1.09% May 1, 2026 1% Los Angeles Unified SD non-callable 1.46% 544547FC9 2,009,340 1,965,260 1.35% July 1, 2026 1% Southern California St Public Pwer Auth 1.26% 842475P82 1,555,751 1,545,273 1.77% July 1, 2026 1% San Jose CA Redev Agy Successor Agy Tax Allocation 3.18% 798170AJ5 1,405,984 1,369,841 1.51% August 1, 2026 1% Cupertino UHSD Taxable non-callable GOB 2.15% 231237P28 1,057,240 1,011,930 0.96% August 1, 2026 1% Santa Monica CCD taxable non-callable GOB 1.04% 802385RR7 755,235 723,653 0.90% August 1, 2026 0% Los Angeles Calif Comm Coll Dist GOB Unlimited Tax 1.17% 54438CYL0 998,010 960,460 1.22% August 1, 2026 1% California St Taxable BID non-callable 2.38% 13063DRD2 736,400 712,316 1.28% October 1, 2026 0% California St Taxable BID non-callable 2.38% 13063DRD2 743,022 718,721 1.37% October 1, 2026 0% Total Municipal Bonds Investments 23,177,893 22,489,358 14%

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CITY OF SAN BRUNO
Portfolio Summary
February 28, 2022
 
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City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Investments
Coupon
Rate CUSIP Book Value Market Value YTM Maturity Date
% of
Portfolio
US Treasuries & Agencies
U.S. Treasury Notes (WIT) 0.50% 91282CDM0 999,398 984,020 0.53% November 30, 2023 1% U.S. Treasury Notes 0.88% 91282CDV0 1,972,344 1,978,360 1.59% January 31, 2024 1% U.S. Treasury Notes 0.13% 91282CBM2 1,957,031 1,948,200 1.20% February 15, 2024 1% U.S. Treasury Notes 0.25% 91282CBR1 1,963,906 1,949,920 1.10% March 15, 2024 1% U.S. Treasury Notes 2.25% 9128286R6 1,541,836 1,523,325 1.02% April 30, 2024 1% U.S. Treasury Notes 2.00% 912828XT2 1,542,656 1,515,525 0.82% May 31, 2024 1% U.S. Treasury Notes 1.75% 9128286Z8 1,536,680 1,507,035 0.77% June 30, 2024 1% U.S. Treasury Notes 0.38% 91282CCL3 1,981,406 1,945,240 0.73% July 15, 2024 1% U.S. Treasury Notes 1.25% 912828YE4 1,013,750 991,950 0.75% August 31, 2024 1% U.S. Treasury Notes 0.38% 91282CCX7 1,991,563 1,939,460 0.52% September 15, 2024 1% U.S. Treasury Notes 1.50% 912828YM6 3,611,016 3,490,305 0.54% October 31, 2024 2% U.S. Treasury Notes 2.25% 912828G38 2,115,000 2,034,060 0.53% November 15, 2024 1% U.S. Treasury Notes 1.75% 912828YY0 2,081,563 2,007,260 0.58% December 31, 2024 1% U.S. Treasury Notes 1.38% 912828Z52 2,055,313 1,985,620 0.60% January 31, 2025 1% U.S. Treasury Notes 1.13% 912828ZC7 2,036,016 1,970,000 0.63% February 28, 2025 1% U.S. Treasury Notes 0.50% 912828ZF0 1,989,219 1,930,860 0.64% March 31, 2025 1% U.S. Treasury Notes 0.25% 912828ZW3 1,963,750 1,906,640 0.71% June 30, 2025 1% U.S. Treasury Notes 0.25% 91282CAB7 1,305,746 1,261,758 0.60% July 31, 2025 1% U.S. Treasury Notes 0.25% 91282CAJ0 1,958,750 1,900,860 0.75% August 31, 2025 1% U.S. Treasury Notes 0.25% 91282CAM3 1,967,446 1,898,280 0.63% September 30, 2025 1% U.S. Treasury Notes 0.26% 91282CAT8 1,465,547 1,421,775 0.76% October 31, 2025 1% U.S. Treasury Notes 0.38% 91282CAZ4 1,962,891 1,902,340 0.78% November 30, 2025 1% U.S. Treasury Notes 0.38% 91282CBC4 1,971,878 1,900,620 0.69% December 31, 2025 1% U.S. Treasury Notes 0.38% 91282CBH3 970,234 948,520 1.10% January 31, 2026 1% U.S. Treasury Notes 1.57% 912828P46 2,075,391 1,991,260 0.84% February 15, 2026 1% U.S. Treasury Notes 0.51% 91282CBQ3 1,966,172 1,904,620 0.85% February 28, 2026 1% U.S. Treasury Notes 0.75% 91282CBT7 1,884,859 1,826,147 0.91% March 31, 2026 1% U.S. Treasury Notes 0.75% 91282CBW0 1,987,813 1,920,160 0.88% April 30, 2026 1% U.S. Treasury Notes 1.63% 912828R36 1,456,000 1,392,944 0.80% May 15, 2026 1% Federal Home Loan Bank 0.88% 3130AN4T4 1,148,747 1,106,749 0.90% June 12, 2026 1% U.S. Treasury Notes 0.63% 91282CCP4 992,773 952,270 0.77% July 31, 2026 1% U.S. Treasury Notes 0.75% 91282CCW9 1,997,813 1,913,900 0.77% August 31, 2026 1% U.S. Treasury Notes 1.63% 912828YG9 1,034,219 994,450 0.92% September 30, 2026 1% U.S. Treasury Notes (WIT) 0.88% 91282CCZ2 997,227 961,370 0.93% September 30, 2026 1% U.S. Treasury Notes (WIT) 1.13% 91282CDG3 995,391 971,244 1.22% October 31, 2026 1% U.S. Treasury Notes (WIT) 1.13% 91282CDG3 996,367 972,196 1.20% October 31, 2026 1% U.S. Treasury Notes (WIT) 1.25% 91282CDK4 1,501,684 1,466,070 1.23% November 30, 2026 1% U.S. Treasury Notes 1.25% 91282CDQ1 1,647,422 1,611,852 1.28% December 31, 2026 1% U.S. Treasury Notes 1.25% 912828Z78 1,995,685 1,976,400 1.55% January 31, 2027 1% Total U.S. Treasuries & Agencies 66,632,497 64,803,564 40% TOTAL PORTOFLIO 166,175,665 163,660,695 0.683% 100% TOTAL INVESTMENTS, EXCLUDING BANK BALANCE 146,120,968 143,605,997 0.777% There is adequate cash flow and maturity of investments to meet the City's needs for the next six months.

Prepared By: 3/11/2022
Reviewed By: Page 2
February 28, 2022

CITY OF SAN BRUNO
Portfolio Summary
03/25/2022
 
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Monthly Portfolio Allocation by Investment
Sector ($Millions)
Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov -20 Dec-20 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct21 Nov-21 Dec-21 Jan-22 Feb-22 TriCounties Bank $7.5 $8.3 $4.0 $8.7 $15.5 $15.9 $15.5 $17. 8 $22.3 $16.4 $14.5 $22.9 $7.8 $10.3 $17.1 $12.8 $14.9 $16.6 $ 16.4 $21.5 $16.5 $17.4 $17.3 $20.1 Local Agency Investment Fund - Pooled 19.5 27.6 27.6 28 .6 28.7 28.7 28.7 28.7 28.8 56.8 64.8 64.8 74.8 74.9 74.9 54.9 5 3.5 49.5 44.4 41.3 39.6 38.0 33.1 29.7 San Mateo County Pool 38.0 43.2 43.3 49.5 49.8 50.4 50.7 46 .5 41.9 43.9 35.8 31.4 31.9 33.8 30.2 27.4 24.5 24.9 25.1 25.7 2 6.2 23.8 25.9 26.1 Government Agency Investments 25.0 23.0 21.0 13.0 11.0 11 .0 7.0 2.0 2.0 1.0 0.0 0.0 9.4 9.3 12.2 35.9 37.0 38.0 44.0 44.0 5 2.5 57.2 62.7 66.6 Municipal Bond Investments 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 .0 0.0 0.0 0.0 1.1 1.1 2.6 4.6 6.1 7.9 8.9 11.1 14.8 17.2 21.6 23. 2 US Treasury Bills 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 .0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Certificates of Deposit 1.5 1.5 1.0 0.8 0.8 0.8 0.8 0.8 0.5 0 .5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 Money Market 10.2

2.3 4.8 8.2 2.2 2.2 6.2 11.3 11.5 0.5 6.5 6.5 0.1 0.1 0.0 1.2 0.0 2.0 0.0 2.9 0.0 0.0 0.0 0.1 Total $101.7 $105.9 $101.7 $108.7 $108.0 $108.9 $108.9 $107.1 $10 7.0 $119.1 $122.1 $126.1 $125.6 $130.0 $137.5 $137.3 $136.5 $139.4 $139.3 $147.0 $150.1 $154.1 $161.1 $166.2 Average Rate of Return 1.87% 1.94% 1.85% 1.66% 1.60% 1.56 % 1.48% 1.35% 1.09% 0.95% 0.57% 0.51% 0.55% 0.50% 0.44% 0.50% 0.49% 0.51% 0.51% 0.50% 0.57% 0.57% 0.64% 0.68% February 28, 2022
Portfolio Summary Metrics

CITY OF SAN BRUNO
$0
$10
$20
$30
$40
$50
$60
$70
$80
$90
$100
Mar-20
May -20
Ju l-20
Sep -20
Nov-20
Jan -21
Mar-21
May -21
Ju l-21
Sep -21
Nov-21
Jan -22
Monthly Portfolio
Allocation by Investment
Sector ($Millions)
TriC ou nt ies Bank
Mo ney Market
C er tifica t es of Depo sit
US Trea s ur y B ills
Go ver nm en t A g en cy I n vestmen ts
San Mateo Co un ty P oo l
Lo ca l A g en cy I n vestm en t Fu nd - P o oled

0. 00%

0. 50%

1. 00%

1. 50%

2. 00%

2. 50%
Mar-20 Ap r-20 May -20 Ju n -20 Ju l-20 Au g-20 Sep -20 Oct-20 Nov -20 Dec-20 Jan -21 Feb-21 Mar-21 Ap r-21 May -21 Ju n -21 Ju l-21 Au g-21 Sep -21 Oct21 Nov-21 Dec-21 Jan -22 Feb-22 Investment Portfolio - Average Rate of Return
 
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Cash Fund Total
12,567,447.77 12,624,723.49
11,640,517.62 11,640,517.62
1,241,867.64 1,241,867.64
9,210,384.37 9,210,384.37
2,968,727.75 2,968,727.75
3,210,592.13 3,210,592.13
1,499,491.08 1,499,491.08
1,942,639.51 1,942,639.51
183,504.09 183,504.09
793,436.83 793,436.83
494,402.23 494,402.23
184,228.71 184,228.71
(38,920.09) (38,920.09)
317,366.27 317,366.27
131,388.58 131,388.58
10,423,718.59 10,423,718.59
112,320.05 112,320.05
2,523,111.92 2,523,111.92
2,780,984.46 2,780,984.46
800,503.56 800,503.56
75,000.00 75,000.00

0.00 0.00
700,648.55 700,648.55
2,282,721.30 2,282,726.25
913,260.44 913,260.44
7,512,375.80 7,512,375.80
4,443,250.68 4,443,250.68
412,982.82 412,982.82
315,788.54 315,788.76
46,511,320.46 46,511,391.96
689,662.36 689,662.36
46,670,011.43 46,729,355.15
(15,272,443.28) (15,272,443.28)
180,718.34 180,718.34
611,946.01 611,946.01
3,876,807.07 3,876,807.07
308,059.69 308,059.69
953,129.02 1,044,247.52
535,902.56 535,902.56
164,708,854.86
* 164,916,669.47
* Reconciliation of Pooled Cash & Investments to Portfolio Book Value Investment Portfolio Value
146,120,967.04
Cash on hand - Checking Account 20,054,697.49
Payroll and Accounts Payable Outstanding Checks (1,057,640.01) Deposits in Transit (409,169.66)
General Ledger Cash Balance as of Feburary 28, 2022 164,708,854.86 Prepared By: 4/7/2022
Reviewed By:

Page: 1
Totals are through period: 8
891 RECOLOGY SAN BRUNO 0.00
Grand Total: 207,814.61
707 TECHNOLOGY DEVELOPMENT 0.00
711 SELF INSURANCE 91,118.50
702 FACILITY MAINT.FUND 0.00
703 GENERAL EQUIPMENT REVOLVING 0.00
641 CITYNET SERVICES FUND 0.00
701 CENTRAL GARAGE 0.00
621 STORMWATER FUND 0.00
631 WASTEWATER FUND 59,343.72
302 LEASE DEBT SERVICE 0.22
611 WATER FUND 71.50
203 STREET IMPROVE. PROJECTS 0.00
207 TECHNOLOGY CAPITAL 0.00
190 DISASTER RECOVERY FUND 0.00
201 PARKS AND FACILITIES CAPITAL 0.00
152 CITY OF SB AS SUCCESSOR HOUSING AGENCY 0.00
153 RDA OBLIGATION RETIREMENT FUND 4.95
140 DEVELOPER IN-LIEU UNDERGROUNDING 0.00
151 SUCCESSOR AGENCY TO THE SB RDA - OPS 0.00
136 EMERGENCY DISASTER RESERVE 0.00
137 DEVELOPER PROJECT CONTRIBUTIONS 0.00
132 AGENCY ON AGING 0.00
133 RESTRICTED REVENUES 0.00
130 IMPACT FEES 0.00
131 IN-LIEU FEES 0.00
121 FEDERAL/STATE GRANTS 0.00
122 SOLID WASTE/RECYCL. 0.00
111 POLICE ASSET FORFEITURE 0.00
113 POLICE SPECIAL REVENUE 0.00
103 STREET SPECIAL REVENUE 0.00
104 MEASURE W TRANSPORTATION TAX 0.00
101 GAS TAX 0.00
102 MEASURE A TRANSPORTATION TAX 0.00
005 MEASURE G DISTRICT SALES TAX 0.00
006 AMERICAN RESCUE PLAN ACT 0.00
003 ONE-TIME REVENUE 0.00
004 CAP IMPROV/ONE-TIME INITIATIVE RSRV 0.00
Investments
001 GENERAL FUND 57,275.72
002 GENERAL FUND RESERVE 0.00
glCashInv.rpt Cash and Investments Report Page: 1
4/7/2022 11:10:21AM
City of San BrunoThrough period: 8
Through February 2022
4/07/2022
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Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
March 22, 2022
4:00 p.m.

1.CALL TO ORDER

2.ROLL CALL – All Councilmembers were present.

3.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
There were no speakers during public comment.

4.CLOSED SESSION
a. Conference with Labor Negotiators Pursuant to Gov't Code Section 54957.6 Agency Designated Representatives: City Manager
Employee Organizations: Mid-Management Unit, Public Safety Mid-Management Bargaining Unit, San Bruno Police Bargaining Unit, San Bruno Professional Firefighters Association, Miscellaneous Bargaining Unit, San Bruno Management Employees Association
There was no reportable action for this item.

5.ADJOURNMENT: The meeting adjourned at 4:42 p.m.

The next Regular City Council Meeting will be held on April 12, 2022 at 7:00 p.m.

The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting of April 12, 2022.
_________________________________
Vicky S. Hasha, Deputy City Clerk
_________________________________
Rico E. Medina
Mayor
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Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
March 22, 2022
5:00 p.m.

1.CALL TO ORDER

2.ROLL CALL – All Councilmembers were present.

3.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
There were no speakers during public comment.

4.STUDY SESSION
a. Receive Presentation from Fair Vote on Ranked Choice Voting and The Center for Election Science on Voting Method Reform.

Diane Silver and Steve Chessin, FairVote, provided a presentation.

Felix Sargent, The Center for Election Science, provided a presentation.

There were no speakers during public comment.

Discussion item only. No motion taken.

5.ADJOURNMENT: The meeting adjourned at 6:32 p.m.

The next Regular City Council Meeting will be held on April 12, 2022 at 7:00 p.m.

Rico E. Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL
March 22, 2022
7:00 p.m.

1.CALL TO ORDER

2.ROLL CALL/PLEDGE OF ALLEGIANCE – All Councilmembers were present.

3.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
The following members of the public spoke during public comment:
Joe Yanke – Spoke regarding road issues on Crystal Springs Rd. Bernel Mershon – Spoke regarding various concerns on the Senior Center. Paul Wapensky – Spoke in opposition of Ranked Choice Voting and asked for a status update on the Centennial Park project.
Jeremy Sarnecky – Announced he is organizing an Earth Day event in San Bruno.

4.PUBLIC HEARING
a.Hold Sixth Public Hearing; Waive Second Reading and Adopt and Ordinance to Adopt a District Map and Amend Municipal Code Chapter 2.32.010 General Municipal Elections.

Kristen Parks, NDC Consultant and Jennifer Nentwig, Tripepi Smith Consultant, presented the report.

Rico E. Medina, Mayor, opened the public hearing.

The following members of the public spoke during public comment:
Lorry Greenberg – Spoke with questions on the voting process in district elections.

M/S Hamilton/Salazar to close the public hearing. Motion carried unanimously by roll call vote.

M/S Salazar/M. Medina to waive the second reading. Motion carried 3-2 by roll call vote with Councilmember Hamilton and Vice Mayor Mason opposed.

M/S Salazar/M. Medina to adopt an ordinance to adopt a district map and amend Municipal Code Chapter 2.32.010 General Municipal Elections. Motion carried 3-2 by roll call vote with Councilmember Hamilton and Vice Mayor Mason opposed. 23 of 206
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5.ANNOUNCEMENTS/PRESENTATIONS
a. Save the date! The Community Services Department’s Recreation Division will partner with the San Bruno Lions Club for a Pancake Breakfast and the San Bruno Rotary Club for an Egg Hunt! The event will take place on April 9, 2022 (9:00 a.m. – 10:30 a.m. Breakfast) with an Egg Hunt countdown beginning at 11:00 a.m. with four egg hunt areas designated by age (8 and under) between Lara Field and Diamond #2 at San Bruno City Park, 251 City Park Way.
b. The deadline to apply for rent and utilities relief is March 31, 2022. All applications must be submitted by the deadline in order to be considered for funding. Qualified renters and landlords impacted by COVID-19 should apply at HousingIsKey.com or 833-430-2122.

The City Council recessed at 8:24 p.m.

The City Council reconvened at 8:30 p.m.

6.CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested.

M/S Salazar/Hamilton to approve the Consent Calendar. Motion carried unanimously by roll call vote.
a.Accept Accounts Payable of March 7 and March 14, 2022. b.Accept Payroll of February 27, 2022.
c.Approve the Draft Special and Regular Meeting Minutes for the Meetings of March 8, 2022.
d.Receive Written Update on the City’s Response Efforts to COVID-19. e.Receive the 2021 Housing Element Annual Progress Report and Authorize Transmittal to the California Department of Housing and Community Development and Governor’s Office of Planning and Research.
f.Receive the 2021 General Plan Annual Progress Report and Authorize Transmittal to the California Department of Housing and Community Development and Governor’s Office of Planning and Research.
g.Adopt Resolution Authorizing the City Manager to Execute an Agreement Amendment with Lee & Ro, Inc. for the Redesign of the Cunningham Water Tank (Water Tank No. 1) Replacement Project in an Amount Not to Exceed $405,201; Approving a 10% Design Contingency; and Accepting up to $314,500 of Funding from City/County of San Francisco toward the Redesign per the Memorandum of Agreement between City/County of San Francisco and the City of San Bruno.

7.CONDUCT OF BUSINESS
a.Adopt Resolution:
• Approving the Design;
• Authorizing the City Manager to Execute a Construction Contract with 24 of 206
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March 22, 2022

Page 3 of 4 ends

Golden Bay Construction for the Huntington / San Antonio Bicycle Corridor Project in the Amount of $1,123,104;
• Approving a Construction Contingency of $285,000;
• Approving a Total Budget in the Amount of $1,588,104; and • Appropriating $843,467 from the Gas Tax Fund
Matthew Lee, Public Works Director, presented the report.

The following member of the public spoke regarding the item:
Paul Wapensky – Spoke in opposition of the project due to the cost.

M/S Salazar/M. Medina to adopt a resolution. Motion carried unanimously by roll call vote.
b.Adopt Resolution Approving the Design; Authorizing the City Manager to Execute a Construction Contract with Golden Bay Construction, Inc. for the Spyglass Drive Storm Drain Improvements Project in an Amount Not to Exceed $805,310.25; Authorizing the City Manager to Execute an Agreement with Tanner Pacific, Inc. for Construction Management and Inspection Services in An Amount Not To Exceed $99,254; Approving an Agreement Amendment with Freyer & Laureta for Grant Support Services for $15,000; Approving a Construction Contingency of $120,800; and Approving a Total Project Budget in the Amount of $1,455,000.

Matthew Lee, Public Works Director, presented the report.

There were no public speakers during public comment.

M/S Hamilton/M. Medina to adopt a resolution. Motion carried unanimously by roll call vote.

8.COMMENTS FROM COUNCIL MEMBERS
a.Linda Mason:
Request informational presentation by third party contractor providing building inspection services to the City of San Bruno on the inspection process required to open a business and how the City is assisting in these efforts.

Linda Mason, Vice Mayor, presented the item.

A majority of the City Council requested staff bring a brief presentation to a future meeting regarding the topic.
Spoke about a play she attended with a San Bruno cast. Thanked staff for flying the Ukranian flag outside City Hall. Thanked Jennifer Brizel, Assistant City Manager, for her time at the City of San Bruno.

Tom Hamilton:
Announced a Downtown San Bruno Stroll.
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Thanked Jennifer Brizel, Assistant City Manager, for her time at the City of San Bruno.

Marty Medina:
Announced a Second Harvest Food Distribution event at Belle Air Elementary School and Skyline Community College.
Announced the grand opening of San Bruno baseball at Lara Field.

Rico E. Medina:
Announced an event he will attend with State Senators regarding grade separation.
Thanked Jennifer Brizel, Assistant City Manager, for her time at the City of San Bruno.

9.ADJOURNMENT – The meeting adjourned at 10:09 p.m.

The next Regular City Council Meeting will be held on April 12, 2022 at 7:00 p.m.

Rico E. Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL
Special Meeting
March 29, 2022
5:00 p.m.

1.CALL TO ORDER

2.ROLL CALL/PLEDGE OF ALLEGIANCE – All Councilmembers were present.

3.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
There were no speakers during public comment.

4.STUDY SESSION
a. Conduct Study Session and Provide Direction Regarding the Process and Next Steps to Become a Charter City.

Jovan Grogan, City Manager and Marc Zafferano, City Attorney, presented the report.

The following member of the public spoke regarding the item:
Auros Harman – Spoke in support of the item.

A majority of the City Council supported placing a Charter City measure on the November 2022 ballot.
b. Conduct Study Session and Provide Direction Regarding Submitting a Measure to the Voters at the November 8, 2022 General Election Repealing Ordinance that Established the Elective Office of Mayor.

Jovan Grogan, City Manager and Marc Zafferano, City Attorney, presented the report.

The following member of the public spoke regarding the item:
Plymouth – Spoke in opposition of the item.
Auros Harman – Spoke in opposition of the item.

A majority of the City Council supported placing a measure on the November 2022 ballot repealing the ordinance that established the elective office of Mayor. 27 of 206
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March 29, 2022

Page 2 of 2 ends

c. Conduct Study Session and Provide Direction Regarding Submitting a Measure to the Voters at the November 8, 2022 General Election Repealing Section

2.04.015(B) of the Municipal Code and Establishing Term Limits for Councilmembers.

Jovan Grogan, City Manager and Marc Zafferano, City Attorney, presented the report.

The following member of the public spoke regarding the item:
Plymouth – Spoke in opposition of the item.
Auros Harman – Spoke in opposition of the item.
Teri Chavez – Spoke in opposition of the item.

A majority of the City Council supported placing a measure on the November 2022 ballot repealing Section 2.04.015(B) of the Municipal Code and establishing term limits for Councilmembers, specifically for three consecutive terms. d. Conduct Study Session and Provide Direction Regarding Adopting Local Campaign Finance Regulations.

Jovan Grogan, City Manager and Marc Zafferano, City Attorney, presented the report.

The following member of the public spoke regarding the item:
Auros Harman – Spoke in opposition of the item.

A majority of the City Council supported adopting a local campaign finance regulation ordinance.

5.ADJOURNMENT – The meeting adjourned at 8:03 p.m.

The next Regular City Council Meeting will be held on April 12, 2022 at 7:00 p.m.

CITY OF SAN BRUNO
DATE:April 12, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Qianyu Sun, Director
SUBJECT: Adopt Resolution Authorizing the City Manager to Execute an Agreement with Badawi & Associates for Professional Auditing Services for Fiscal Years Ending June 30, 2022 through 2024 for an All Inclusive Fee of $139,005
BACKGROUND: The City of San Bruno follows a standard practice to retain independent auditing services to examine and evaluate the adequacy and effectiveness of internal control and quality of financial performance, when preparing the annual comprehensive financial reports (ACFR) to the City Council. The scope of the annual audits includes:
 Comprehensive financial statements
 Federal grants
 Transportation Development Act Program
 Measure A and W Funds
 GANN limit
The independent auditors’ report is instrumental in providing City Council and the public insight into the City’s financial management. It is also critical in the City’s effort to apply for the Certificate of Achievement for Excellence in Financial Reporting with the Government Financial Officers Association (GFOA).

Maze & Associates (Maze) has been our auditor since FY 2015-16 and developed strong collaborative relationships with the City staff. We cannot be more pleased with Maze’s services and assistance. The current contract with Maze ends with FY 2020-21.

It is a best practice for the City to solicit competitive auditing service proposals periodically to ensure auditors’ independence and competitiveness.

DISCUSSION: The Finance Department issued a request for proposals (RFP) for professional auditing services on February 11, 2022. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the U.S. Government Accountability Office’s (GAO) Government Auditing Standards (GAS), the provisions of the Federal Single Audit Act and the U.S. 29 of 206
Honorable Mayor and Members of the City Council
April 12, 2022

Page 2 of 3 ends

Office of Management and Budget (OMB) Circular A-133, and Governmental Accounting Standards Board (GASB) Pronouncements. The proposals were evaluated on the following criteria:

A. Auditing firm’s qualification and experience in conducting audits of cities of similar nature, size, and complexity.

B. Technical experience and professional qualifications of the audit team C. Audit approach and work plan
D. Cost
Three qualified accounting firms responded to the RFP. The technical aspects of all three proposals are competitive. In the end, cost is the determining factor in staff’s recommendation for selecting Badawi and Associates. The following table illustrates the all inclusive prices of the three proposals.

Firm All Inclusive Prices
Badawi & Associates $139,005
Maze & Associates $168,292
Eide Bailly LLP $348,330
Badawi & Associates (Badawi) is founded by Mr. Ahmed Badawi, a certified public accountant with over 20 years of experience working with state and local government.

The firm is located in Berkeley and serves a variety of cities and towns throughout California, including Berkeley, Petaluma, Antioch, Lafayette, Millbrae, etc. Staff reached out the some of the cities for references and received positive reviews and feedbacks.

FISCAL IMPACT: The current auditing service contract with Maze carries an annual price of $52,708, total of $158,124 for three years. The selection of Badawi and Associates will lower the City’s budget on auditing services for the next three years and create a saving of $19,119 for three years.

ENVIRONMENTAL IMPACT: There is no environmental impact.

RECOMMENDATION: Adopt resolution authorizing the city manager to execute an agreement with Badawi & Associates for professional auditing services for fiscal years ending June 30, 2022 through 2024 for an all-inclusive fee of $139,005.

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Honorable Mayor and Members of the City Council
April 12, 2022

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ALTERNATIVES: 1. Direct staff to engage another firm to conduct the audit.

2. Recirculate the Requests for Proposals to seek alternative proposals.

ATTACHMENTS: 1. Resolution
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4 8
RESOLUTION NO. 2022-_____

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH

BADAWI & ASSOCIATES FOR PROFESSIONAL AUDITING SERVICES FOR FISCAL YEARS ENDING JUNE 30, 2022 THROUGH 2024 FOR AN ALL INCLUSIVE FEE OF $139,005 WHEREAS, the existing professional auditing services contract with Maze & Associates terminates for FY 2020-21; and
WHEREAS, it is a best practice to solicit competitive auditing service proposals periodically to ensure auditors’ independence and competitiveness; and

WHEREAS, the Finance Department issued an Request for Proposal on February 11, 2022 and received three qualified proposals; and
WHEREAS, technical components of all three proposals are competitive and prices become the determining factor; and
WHEREAS, Badawi & Associates presented a competitive proposal with the lowest total all-inclusive price of $139,005 for auditing services for fiscal years ending June 30, 2022 through 2024; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Bruno authorizes the City Manager to execute an agreement with Badawi and Associates, Inc. for professional auditing services for fiscal years ending June 30, 2022 through 2024 for an all- inclusive fee of $139,005
—o0o—
I hereby certify that foregoing Resolution No. 2022-___ was introduced and adopted by the San Bruno City Council at a regular meeting on April 12, 2022 by the following vote:

AYES:

NOES:

ABSENT:

Attest:

Melissa Thurman, MMC
City Clerk
32 of 206
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 12, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Melissa Thurman, City Clerk
SUBJECT: Adopt Resolution Declaring the Continued State of Local Emergency and Need for the City Council and Other Legislative Bodies Subject to the Ralph M. Brown Act to Continue to Teleconference in Order to Ensure the Health and Safety of the Public Pursuant to AB 361
BACKGROUND: On March 4, 2020, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19.

On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non- essential personnel to work from home.

In response to the Executive Order, City staff created Zoom accounts for various departments and underwent training to ensure that City Council meetings could continue safely for the members, staff, and the public. The City Council has been conducting virtual meetings since April 2020 and the City’s Commissions, Boards and Committees began meeting virtually in June 2020. The usage for Zoom for public meetings has allowed the City to ensure the public’s continued access to government meetings while also ensuring the public’s safety.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021 for agencies to transition back to public meetings held in full compliance with the Ralph M. Brown Act. Since Executive Order N-08-21 was enacted, the Delta and Omicron Variants of the COVID-19 virus have emerged, which has resulted in ten times the number of confirmed COVID-19 cases throughout the county since June 2021. Taking these factors into account, San Bruno has continued its public meetings in the virtual setting and wishes to maintain this format to preserve the health and safety of its staff, elected officials and constituents. 33 of 206
Honorable Mayor and Members of the City Council
April 12, 2022

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DISCUSSION: AB 361 was signed into law by the Governor on September 16, 2021, went into effect immediately as urgency legislation (codified under Government Code § 54953), and allows local legislative bodies to continue to meet remotely beyond the current executive order’s expiration of September 30, 2021, in any of the following circumstances:
 The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (Government Code § 54953(e)(1)(A)-(C).)
Staff has determined the following findings can be made to meet the above provisions of AB 361:
 The state of California remains under the COVID-19 state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act.  The emergency continues to directly impact the ability of members to meet safely in person.

On February 17, 2022, Governor Gavin Newsom lifted several states of emergencies that were in place in California but kept the state of emergency for COVID-19 intact.

On October 26, 2021, during a regular meeting, the City Council adopted a resolution making necessary findings so that the City may continue to teleconference public meetings without adhering to all of the Brown Act’s teleconferencing requirements, in order to ensure the health and safety of the public. The public has the ability to attend public meetings by teleconference accessibility via call-in option or an internet-based service option (via the Zoom Webinars platform). Meeting details including the Zoom link and accessible phone numbers are listed on the published agenda for each meeting. The City monitors attendance via teleconference as well as email correspondence received throughout each public meeting and provides access for public comment opportunities in real time both verbally and in writing.

The City Council may continue to teleconference public meetings under AB 361 if the City Council makes findings every 30 days during the proclaimed state of emergency. AB 361 will sunset on January 1, 2024, or whenever the City Council returns to in-person meetings, whichever occurs first.

FISCAL IMPACT: There is no fiscal impact.
34 of 206
Honorable Mayor and Members of the City Council
April 12, 2022

Page 3 of 3 ends

ENVIRONMENTAL IMPACT: The action is not a project subject to CEQA.  City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION: Adopt Resolution Declaring the Continued State of Local Emergency and Need for the City Council and Other Legislative Bodies Subject to the Ralph M. Brown Act to Continue to Teleconference in Order to Ensure the Health and Safety of the Public Pursuant to AB 361
ALTERNATIVES: The City Council may choose to not adopt the resolution or adjust staff’s findings; however, if a resolution is not adopted, the City may not be subject to the Brown Act exemptions that would be allowed under AB 361.

ATTACHMENTS: 1. . Resolution

2. Governor's Executive Order N-29-20

3. Governor's Executive Order N-08-21

4. AB 361
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3 8
1 RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO DECLARING THE

CONTINUED STATE OF LOCAL EMERGENCY AND NEED FOR THE CITY COUNCIL AND OTHER CITY LEGISLATIVE BODIES SUBJECT TO THE RALPH M. BROWN ACT TO CONTINUE

TO TELECONFERENCE IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC PURSUANT TO AB 361
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and
WHEREAS, the City of San Bruno, including its City Council and all other legislative bodies subject to the Ralph M. Brown Act (“Brown Act Bodies”) have been holding meetings using teleconferencing and virtual meeting technology in an effort to help protect City officials, City staff and the public from COVID-19; and
WHEREAS, because of the rise in COVID-19 cases due to the Delta and Omicron variants, the City is concerned about the health and safety of all individuals who intend to attend public meetings of the City in person; and
WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) into law as an urgency measure that went into effect immediately; and WHEREAS, AB 361 authorizes local legislative bodies to continue to conduct meetings using teleconferencing without complying with the Ralph M. Brown Act’s standard teleconferencing requirements if certain conditions are met; and
WHEREAS, AB 361 requires local findings that meeting in person would present an imminent risk to the health and safety of attendees; and
WHEREAS, the City desires to continue conducting public meetings of its Brown Act Bodies using teleconferencing as authorized by AB 361.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BRUNO RESOLVES AS FOLLOWS:

1. The City Council hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein.

2. In compliance with AB 361, the City Council makes the following findings:
a. The City Council has reconsidered the circumstances of the state of emergency, and the state of emergency remains active; and
b. The state of emergency continues to directly impact the ability of the City’s Brown Act Bodies, as well as staff and members of the public, to meet safely in person; and

3. Meetings of the City’s Brown Act Bodies will continue to be conducted via teleconference, pursuant to AB 361.

4. This resolution will be effective upon adoption.
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3 8
1 ---oOo---
I hereby certify that foregoing Resolution No. 2022 -
was adopted by the San Bruno City Council at a regular meeting on April 12, 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:
_________________________________
Melissa Thurman, MMC
City Clerk
37 of 206

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-29-20
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and
WHEREAS the threat of COVID-19 has resulted in serious and ongoing economic harms, in particular to some of the most vulnerable Californians; and WHEREAS time bound eligibility redeterminations are requ ired for Medi cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services beneficia ries to continue their benefits, in accordance with processes establi shed by the Department of Social Services, the Department of Health Care Services, and the Federal Government; and
WHEREAS socia l distancing recommendations or Orders as well as a statewide imperative for c ritical employees to focus on health needs may prevent Medi-Cal, CalFresh, CalWORKs, Cash Assistance Program for Immigrant s, California Food Assistance Program , and In Home Supportive Services beneficiaries from obtaining in-person eligibility redeterminations; and WHEREAS under the provisions of Government Code sect ion 8571, I find that strict compliance with various statutes and regulations spec ified in this orde r wou ld prevent, hinder , or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor o f the State of California , in accordance with the authority vested in me by the State Constitution and statute s of the State of California, and in particular, Government Code sect ions 8567 and 8571, do hereby issue the following order to become effec tive immediately:

IT IS HEREBY ORDERED THAT:

1. As to individuals current ly eligible for benefi ts under Medi-Cal, CalFresh, CalWORKs, the Cash Assistance Program for Immigrants , the California Food Assistance Program , or In Home Supportive Services benefits, and to the extent necessary to allow such individu als to maintain eligibility for such benefits, any state law, including but not limited to California Code of Regulations, Title 22, section 50189(a) and Welfare and Institutions Code sections 18940 and 11265, that would require redetermination of such benefits is suspended for a period of 90 days from the date of this Order. This Ord er shall be construed to be cons istent with applicable federal laws, including but not limited to Code of Federal Regulations, Title 42, section 435.912, subd ivision (e), as interpreted by the Centers for Medicare and Medicaid Services (in guidan ce issued on January 30, 2018) to permit the extension of 38 of 206
otherwise-applicable Medicaid time limits in emergency situations.

2. Through June 17, 2020, any month or partial month in which California Work Opportunity and Responsibility to Kids (CalWORKs) aid or services are received pursuant to Welfare and Institutions Code Section 11200 et seq. shall not be counted for purposes of the 48-month time limit set forth in Welfare an Institutions Code Section 11454. Any waiver of this time limit shall not be applied if it will exceed the federal time limits set forth in Code of Federal Regulations, Title 45, section 264. l .

3. Paragraph 11 of Executive Order N-25-20 (March 12, 2020) is withdrawn and superseded by the following text:

Notwithstanding any other provision of state or local law (including, but not limited to, the Bagley-Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electr onica lly to all members of the public seeking to observe and to address the loca l legislative body or state body. All requirements in both the Bagley-Keene Act and the Brown Act expressly or impli edly requiring the physica l presence of members, the clerk or other personnel of the body, or of the publ ic as a cond ition of participation in or quorum for a public meeting are hereby waived.

In part icular, any otherwise-applicable requirements that (i) state and local bodies notice each teleconference location from which a member will be participating in a pub lic
meeting;
(ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each teleconference conference location;
(iv) state and loca l bodi es post agendas at all teleconference locations;
(v) at least one member of the state body be physically present at the location specified in the notice of the meeting; and (vi) during teleco nfere nce meetings, a least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the loca l body exercises jurisdiction
are hereby suspended.

A local legislative body or state body that holds a meeting via teleconferencing and allows members of the publ ic to observe and address the meeting telephoni ca lly or otherwise electronically , consistent with the notice and accessibi lity requirements set forth below, shall have satisfied any requirement that the body allow 39 of 206
members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meeting and offer public comment.

Accessibility Requirements: If a local legislative body or state body holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the body shall also:
(i) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation
from individuals with disabilities , consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.

Notice Requirements: Except to the extent this Order expressly provides otherwise, each local legislative body and state body shall:
(i) Give advance notice of the time of, and post the agenda for, each public meeting according to the tim eframes
otherwise prescribed by the Bagley -Keene Act or the Brown Act, and using the means otherwise prescribed by the
Bagley-Keene Act or the Brown Act, as applicable; and
(ii) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public
comm ent. As to any instance in which there is a change in such means of public observation and comment , or any
instance prior to the issuance of this Order in which the time of the meeting has been noticed or the agenda for the
meeting has been posted without also including notice of such means, a body may satisfy this requirement by
advertising such means using "the most rapid means of
communication available at the time" within the meaning of Government Code , section 54954, subdivision (e); this shall include, but need not be limited to, posting such means on the body's Internet website.

All of the foregoing provisions con cerning the conduct of public meetings shall apply only during the peri od in which state or local public health officials have imposed or recommended social distancing measures.
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All state and local bodies are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Bagley-Keene Act and the Brown Act, and other applicable local laws regulating the conduct of public meetings, in order to maximize transparency and provide the public access to their meetings.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to , and does not, create any rights or benefits, substantive or procedura l, enforceable at law or in equity, agains t the State of California, its agencies, departments, entit ies, officers, employees , or any othe r person.

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this l 7th day
of Marc 2020.

ATTEST:

ALEX PADILLA
Secretary of State
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EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-08-21
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS since March 2020, the State has taken decisive and meaningful actions to reduce the spread, and mitigate the impacts, of COVID-19, saving an untold number of lives; and
WHEREAS as a result of the effective actions Californians have taken, as well as the successful and ongoing distribution of COVID-19 vaccines, California is turning a corner in its fight against COVID-19; and
WHEREAS on June 11, 2021, I issued Executive Order N-07-21, which formally rescinded the Stay-at-Home Order (Executive Order N-33-20, issued on March 19, 2020), as well as the framework for a gradual, risk-based reopening of the economy (Executive Order N-60-20, issued on May 4, 2020); and WHEREAS in light of the current state of the COVID-19 pandemic in California, it is appropriate to roll back certain provisions of my COVID-19-related Executive Orders; and
WHEREAS certain provisions of my COVID-19 related Executive Orders currently remain necessary to continue to help California respond to, recover from, and mitigate the impacts of the COVID-19 pandemic, including California's ongoing vaccination programs, and the termination of certain provisions of my COVID-19 related Executive Orders during this stage of the emergency would compound the effects of the emergency and impede the State's recovery by disrupting important governmental and social functions; and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would continue to prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

EXECUTIVE DEPARTMENT

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

The following provisions shall remain in place and shall have full force and effect through June 30, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 43 of 206
1) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 10. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 11;
c. Paragraph 12; and
d. Paragraph 13.
2) Executive Order N-25-20:
a. Paragraph 1; and
b. Paragraph 7, and as applicable to local governments per Executive Order N-35-20, Paragraph 3. Effective July 1, 2021, the waivers in Executive Order N-25-20, Paragraph 7, and Executive Order N-35-20, Paragraph 3, of reinstatement requirements set forth in Government Code sections 7522.56(f) and (g) are terminated.
3) Executive Order N-26-20:
a. Paragraph l;
b. Paragraph 2;
c. Paragraph 3;
d. Paragraph 5;
e. Paragraph 6; and
f. Paragraph 7.
4) Executive Order N-27-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
5) Executive Order N-28-20:
a. Paragraph 3; and
b. Paragraph 6.
6) Executive Order N-31-20:
a. Paragraph l; and
b. Paragraph 2.
7) Executive Order N-35-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 4;
c. Paragraph 6. To the extent the Director exercised their authority pursuant to this provision on or before June 30, 2021, the extension shall remain valid until the effective expiration;
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d. Paragraph l0. The State Bar shall receive the time extension in the aforementioned order for any nomination submitted to the State Bar by the Governor on or before June 30, 2021; and
e. Paragraph 11 (as extended and clarified by N-71-20, Paragraph 6).

Claims accruing before June 30, 2021 will remain subject to the 120- day extension granted in the aforementioned orders.
8) Executive Order N-36-20, Paragraph 1. To the extent the Secretary exercised their authority pursuant to this provision, the Secretary shall allow each facility to resume intake in a manner that clears intake backlog as soon as feasible.
9) Executive Order N-39-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 4; and
c. Paragraph 7. The leases or agreements executed pursuant to this provision shall remain valid in accordance with the term of the agreement.
l 0) Executive Order N-40-20:
a. Paragraph l. For rulemakings published in the California Regulatory Notice Register pursuant to Government Code section l l 346.4(a)(5) prior to June 30, 2021, the deadlines in the aforementioned order shall remain extended in accordance with the order;
b. Paragraph 2 (as extended and clarified by N-66-20, Paragraph 12, and N-71-20, Paragraph l 0). Notwithstanding the expiration of this provision, state employees subject to these training requirements shall receive the benefit of the 120-day extension granted by the aforementioned orders. All required training due on or before June 30, 2021 must be completed within 120 days of the statutorily prescribed due date;
c. Paragraph 7 (as extended and clarified by N-66-20, Paragraph 13 and N-71-20, Paragraph 11). With regard to appeals received on or before June 30, 2021, the State Personnel Board shall be entitled to the extension in the aforementioned order to render its decision; d. Paragraph 8. To the extent the deadlines specified in Government Code section 22844 and California Code of Regulations, title 2, sections 599.517 and 599.518 fell on a date on or before June 30, 2021 absent the extension, they shall expire pursuant to the timeframes specified in the aforementioned orders;
e. Paragraph 16;
f. Paragraph 17; and
g. Paragraph 20.
11) Executive Order N-45-20:
a. Paragraph 4;
b. Paragraph 8;
c. Paragraph 9; and
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d. Paragraph 12. For vacancies occurring prior to June 30, 2021, the deadline to fill the vacancy shall remain extended for the time period in the aforementioned order.
12) Executive Order N-46-20:
a. Paragraph l; and
b. Paragraph 2.
13) Executive Order N-47-20:
a. Paragraph 2; and
b. Paragraph 3.
14) Executive Order N-48-20, Paragraph 2 (which clarified the scope of N-34- 20).
15) Executive Order N-49-20:
a. Paragraph 1;
b. Paragraph 3. For determinations made on or before June 30, 2021, the discharge date shall be within 14 days of the Board's determination; and
c. Paragraph 4.
16) Executive Order N-50-20, Paragraph 2.
17) Executive Order N-52-20:
a. Paragraph 6;
b. Paragraph 7. To the extent an individual has commenced a training program prior to June 30, 2021, that was interrupted by COVID-19, that individual shall be entitled to the extended timeframe in the aforementioned order; and
c. Paragraph 14; and
d. Paragraph 16.
18) Executive Order N-53-20:
a. Paragraph 3;
b. Paragraph 12 (as extended or modified by N-69-20, Paragraph 10, and N-71-20, Paragraph 27); and
c. Paragraph 13 (as extended or modified by N-69-20, Paragraph 11, and N-71-20, Paragraph 28).
19) Executive Order N-54-20, Paragraph 7. To the extent the date governing the expiration of registration of vehicles previously registered in a foreign jurisdiction falls on or before June 30, 2021, the deadline is extended pursuant to the aforementioned orders.
20) Executive Order N-55-20:
a. Paragraph 1. Statutory dead lines related to cost reports, change in scope of service requests, and reconciliation requests occurring on 46 of 206
or before June 30, 2021 shall remain subject to the extended deadline in the aforementioned order;
b. Paragraph 4;
c. Paragraph 5;
d. Paragraph 6;
e. Paragraph 8;
f. Paragraph 9;
g. Paragraph 1O;
h. Paragraph 13;
i. Paragraph 14. Statutory deadlines related to beneficiary risk assessments occurring on or before June 30, 2021 shall remain subject to the extended deadline in the aforementioned order; and j. Paragraph 16. Deadlines for fee-for-service providers to submit information required for a Medical Exemption Request extended on or before June 30, 2021 shall remain subject to the extended deadline granted under the aforementioned order.
21) Executive Order N-56-20:
a. Paragraph 1;
b. Paragraph 6;
c. Paragraph 7;
d. Paragraph 8;
e. Paragraph 9; and
f. Paragraph 11.
22) Executive Order N-59-20, Paragraph 6.
23) Executive Order N-61-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 4.
24) Executive Order N-63-20:
a. Paragraph B(a) (as extended by N-71-20, Paragraph 40). The deadlines related to reports by the Division of Occupational Safety and Health (Cal/OSHA) and the Occupational Safety & Health Standards Board on proposed standards or variances due on or before June 30, 2021 shall remain subject to the extended timeframe;
b. Paragraph B(c). To the extent the date upon which the Administrative Director must act upon Medical Provider Network applications or requests for modifications or reapprovals falls on or before June 30, 2021 absent the extension in the aforementioned order, it shall remain subject to the extended timeframe; c. Paragraph 8(e). To the extent filing deadlines for a Return-to-Work Supplement appeal and any reply or responsive papers fall on or before June 30, 2021, absent the extension in the aforementioned order, they shall remain subject to the extended timeframe; d. Paragraph 9(a) (as extended and modified by N-71-20, Paragraph 39). Any dead line setting the time for the Labor Commissioner to 47 of 206
issue any citation under the Labor Code, including a civil wage and penalty assessment pursuant to Labor Code section 1741, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order;
e. Paragraph 9(b) (as extended and modified by N-71-20, Paragraph 41);
f. Paragraph 9(c) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for a worker to file complaints and initiate proceedings with the Labor Commissioner pursuant to Labor Code sections 98, 98.7, 1700.44, and 2673.1, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order;
g. Paragraph 9(d) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for Cal/OSHA to issue citations pursuant to Labor Code section 6317, that, absent the
aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order;
h. Paragraph 9(e) (as extended and modified by N-71-20, Paragraph 41);
i. Paragraph 1O;
j. Paragraph 12. Any peace officer reemployed on or before June 30, 2021 pursuant to the aforementioned order shall be entitled to the extended reemployment period set forth in the order;
k. Paragraph 13;
I. Paragraph 14; and
m. Paragraph 15 (as extended by N-71-20, Paragraph 36). 25) Executive Order N-65-20:
a. Paragraph 5 (as extended by N-71-20, Paragraph 35; N-80-20, Paragraph 4; and N-01-21). Identification cards issued under Health and Safety Code section 11362.71 that would otherwise have expired absent the aforementioned extension between March 4, 2020 and June 30, 2021 shall expire on December 31, 2021; and b. Paragraph 7.
26) Executive Order N-66-20:
a. Paragraph 3;
b. Paragraph 4; and
c. Paragraph 5.
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27} Executive Order N-68-20:
a. Paragraph 1. Notwithstanding the expiration of the afo rementioned order, temporary licenses granted on or before June 30, 2021 shall be valid through September 30, 2021 ; and
b. Paragraph 2. Renewal fee payments otherwise due to the to the California Department of Public Health absent the extension in the aforementioned order on or before June 30, 2021, shall be entitled to the extensions of time set forth in the aforementioned order. 28} Executive Order N-71-20:
a. Paragraph 1;
b. Paragraph 4;
c. Paragraph 16. Where the statutory deadline for openin,g or completing investigations is set to occur on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order; and
d. Paragraph 17. Where the statutory deadline for serving a notice of adverse action is due on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order. 29} Executive Order N-75-20:
a. Paragraph 7. Children placed in foster care on or before June 30, 2021 shall receive such examinations on or before July 31, 2021; b. Paragraph 8;
c. Paragraph 9;
d. Paragraph 10. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by the California Department of Public Health, or September 30, 2021, whichever occurs first; and
e. Paragraph 13.
30} Executive Order N-76-20, Paragraph 3.
31} Executive Order N-77-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
32} Executive Order N-78-20 (as extended and modified by N-03-21 }:
a. Paragraph 1; and
b. Paragraph 2.
33} Executive Order N-83-20:
a. Paragraph 3. To the extent the Director of the Department of Alcoholic Beverage Control suspends deadlines for renewing licenses upon payment of annual fees on or before June 30, 2021, the extension shall remain valid until the effective expiration; 49 of 206
b. Paragraph 5 (which repealed and replaced N-71-20, Paragraph 19, which extended N-52-20, Paragraph l, and N-69-20, Paragraph 3); c. Paragraph 6· (which repealed and replaced N-71-20, Paragraph 20, which extended N-52-20, Paragraph 2, and N-69-20, Paragraph 4); and
d. Paragraph 7 (which repealed and replaced N-71-20, Paragraph 21, which extended N-52-20, Paragraph 3, and N-69-20, Paragraph 5). 34) Executive Order N-84-20:
a. Paragraph l;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 5.

The following provisions shall remain in place and shall have full force and effect through July 31, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 35) Executive Order N-39-20, Paragraph 8 (as extended by N-69-20, Paragraph 2 and N-71-20, Paragraph 8).
36) Executive Order N-53-20, Paragraph 11 (as extended or modified by N-68- 20, Paragraph 15, and N-71-20, Paragraph 26).
37) Executive Order N-71-20, Paragraph 25.
38) Executive Order N-75-20:
a. Paragraph 5; and
b. Paragraph 6
The following provisions shall remain in place and shall have full force and effect through September 30, 2021, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 39) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 3; and
b. Paragraph 14. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by the Department of Social Services, or September 30, 2021 , whichever occurs first.
40) Executive Order N-25-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 4.
41) Executive Order N-28-20:
a. Paragraph 4; and
b. Paragraph 5.
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42) Executive Order N-29-20, Paragraph 3, is withdrawn and replaced by the following text:

Notwithstanding any other provision of state or loca l lqw (including, but not limited to, the Bagley-Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body. All requirements in both the Bagley-Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived.

In particular, any otherwise-applicable requirements that (i) state and local bodies notice each teleconference location from which a member will be participating in a public
meeting;
(ii) each teleconference location be accessible to the public; (iii) members of the public may address the body at each teleconference conference location;
(iv) state and local bodies post agendas at all teleconference locations;
(v) at least one member of the state body be physically present at the location specified in the notice of the meeting; and (vi) during teleconference meetings, a least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction
are hereby suspended.

A local legislative body or state body that holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements set forth below, shall have satisfied any requirement that the body allow members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meeting and offer public comment.

Accessibility Requirements: If a local legislative body or state body holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the body shall also:
51 of 206
(i) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation
from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.

Notice Requirements: Except to the extent this Order expressly provides otherwise, each local legislative body and state body shall:
(i) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes
otherwise prescribed by the Bagley-Keene Act or the Brown Act, and using the means otherwise prescribed by the
Bagley-Keene Act or the Brown Act, as applicable; and
(ii) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public
comment. As to any instance in which there is a change in such means of public observation and comment, or any
instance prior to the issuance of this Order in which the time of the meeting has been noticed or the agenda for the
meeting has been posted without also including notice of such means, a body may satisfy this requirement by
advertising such means using "the most rapid means of
communication available at the time" within the meaning of Government Code, section 54954, subdivision (e); this shall include, but need not be limited to, posting such means on the body's Internet website.

All of the foregoing provisions concerning the conduct of public meetings shall apply through September 30, 2021.
43) Executive Order N-32-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
44) Executive Order N-35-20:
a. Paragraph 2; and
b. Paragraph 12.
45) Executive Order N-39-20:
a. Paragraph 2;
b. Paragraph 3; and
c. Paragraph 6.
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46) Executive Order N-40-20:
a. Paragraph 12 (as extended or modified by N-66-20, paragraph 16, N·-71-20, paragraph 14, and N-75-20, Paragraph 12). To the extent the Director exercised their authority pursuant to this provision on or before September 30, 2021, the extension shall rema in valid until the effective expiration of the applicable waiver; and
b. Paragraph 18.
47) Executive Order N-42-20.
48) Executive Order N-43-20.
49) Executive Order N-49-20, Paragraph 2.
50) Executive Order N-54-20:
a. Paragraph 8 (as extended by N-80-20, Paragraph 6); and b. Paragraph 9. To the extent any timeframe within which a California Native American tribe must request consultation and the lead agency must begin the consultation process relating to an Environmental Impact Report, Negative Declaration, or Mitigated Negative Declaration under the California Environmental Quality Act extends beyond September 30, 2021, the tribe and lead agency will receive the benefit of the extension so long as the triggering event occurred on or before September 30, 2021. 5l) Executive Order N-55-20:
a. Paragraph 2;
b. Paragraph 3;
c. Paragraph 7. All on-site licensing visits which would have been due on or before September 30, 2021 shall occur before December 31, 2021;
d. Paragraph 11; and
e. Paragraph 12.
52) Executive Order N-56-20, Paragraph 10 is withdrawn and superseded by the following text:

Paragraph 42 of this Order, including the conditions specified therein , shall apply to meetings held pursuant to Article 3 of Chapter 2 of Part 21 of Division 3 of Title 2 of the Education Code and Education Code section 47604.1 (b).
53) Executive Order N-58-20 (as extended by N-71-20, Paragraph 29). 54) Executive Order N-59-20:
a. Paragraph l. The sworn statement or verba l attestation of pregnancy must be submitted on or before September 30, 2021 and medica l verification of pregnancy must be submitted within 30 53 of 206
working days following submittal of the sworn statement or verbal attestation for benefits to continue;
b. Paragraph 2 (as extended and modified by N-69-20, Paragraph 14, and N-71-20, Paragraph 31 );
c. Paragraph 3 (as extended and modified by N-69-20, Paragraph 15, and N-71-20, Paragraph 32); and
d. Paragraph 4 (as extended and modified by N-69-20, Paragraph 16, and N-71-20, Paragraph 33).
55) Executive Order N-63-20:
a. Paragraph 8(b). To the extent filing dead lines for claims and liens fall on or before September 30, 2021, absent the extension in the aforementioned order, they shall remain subject to the extended timeframe; and
b. Paragraph 11.
56) Executive Order N-66-20, Paragraph 6.
57) Executive Order N-71-20:
a. Paragraph 15;
b. Paragraph 22; and
c. Paragraph 23.
58) Executive Order N-75-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 4.
59) Executive Order N-80-20:
a. Paragraph 3; and
b. Paragraph 7.
60) Executive Order N-83-20
a. Paragraph 2 is withdrawn and replaced by the following text:

The deadline to pay annual fees, including any installment payments, currently due or that will become due during the proclaimed emergency, as specified in Business and Professions Code sections 19942, 19951, 19954, 19955, 19984, and any accompanying regulations is September 30, 2021; the deadlines for submission of any application or deposit fee, as specified in Business and Professions Code sections 19951 (a), 19867, 19868, 19876, 19877, 19942, 19984, and any accompanying regulations is no later than September 30, 2021, or per existing requirements, whichever date is later.
b. Paragraph 4.
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61) Executive Order N-03-21, Paragraph 3, is withdrawn and replaced by the following text:

As applied to commercia l evictions only, the timeframe for the protections set forth in Paragraph 2 of Executive Order N-28-20 (and extended by Paragraph 21 of Executive Order N-66-20, Paragraph 3 of Executive Order N-71-20, and Paragraph 2 of Executive Order N-80-20) is extended through September 30, 2021 .

IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 11th
day of June 2021.

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
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AMENDED IN SENATE SEPTEMBER 3, 2021
AMENDED IN SENATE AUGUST 30, 2021
AMENDED IN SENATE JULY 6, 2021
AMENDED IN ASSEMBLY MAY 10, 2021
AMENDED IN ASSEMBLY APRIL 6, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 361
Introduced by Assembly Member Robert Rivas
February 1, 2021
An act to add and r epeal Section 89305.6 of the Education Code , and to amend, repeal, and add Section 54953 of of, and to add and repeal Section 11133 of , the Go vernment Code, relating to local government, open meetings, and declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
AB 361, as amended, Robert Rivas. Open meetings: state and local agencies: teleconferences.

Existing
(1) Existing law, the Ralph M. Bro wn Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and pro viding for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special

94 56 of 206
meetings of the le gislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain e xceptions. The act allo ws for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the le gislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorne y or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emer gency Services when the go vernor is inaccessible, to proclaim a state of emer gency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Bro wn Act’s requirements for teleconferencing during the CO VID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for recei ving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, w ould authorize a local agenc y to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Bro wn Act when a legislative body of a local agenc y holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emer gency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person w ould present imminent risks to the health or safety of attendees, as provided.
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This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the e vent of a disruption within the local agenc y’s control which pre vents members of the public from of fering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill w ould prohibit the le gislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and of fer comment in real time. The bill would prohibit the le gislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials ha ve imposed or recommended measures to promote social distancing, the bill w ould require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a state legislative body from requiring, as a condition to attend a meeting, a person to re gister the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.

This bill w ould e xclude from that prohibition, a re gistration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The 94 AB 361 — 3 —

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act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Go vernor’s Executive Or der No. N-29-20 suspends the requirements of the Ba gley-Keene Open Meeting Act for
teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting , and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility r equirements, a state body to hold public meetings thr ough teleconfer encing and to mak e public meetings accessible telephonically, or otherwise electr onically, to all member s of the public seeking to observe and to addr ess the state body . With respect to a state body holding a public meeting pur suant to these provisions, the bill would suspend certain requirements of existing law, including the r equirements that eac h teleconfer ence location be accessible to the public and that member s of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would r equire that eac h state body that holds a meeting through teleconferencing provide notice of the meeting , and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discr etion and to mak e r easonable ef forts to adher e as closely as r easonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State Univer sity under the administr ation of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the oper ations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconfer encing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.
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This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings thr ough teleconferencing and to mak e public meetings accessible telephonically , or otherwise electronically, to all member s of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of e xisting law, including the r equirements that each teleconfer ence location be accessible to the public and that members of the public be able to addr ess the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and addr ess the meeting telephonically or otherwise electronically would satisfy any r equirement that the le gislative body allow members of the public to attend the meeting and of fer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the a genda, as pr ovided. The bill would ur ge legislative bodies utilizing these teleconfer encing pr ocedures in the bill to use sound discretion and to mak e r easonable ef forts to adher e as closely as reasonably possible to existing law, as provided.

This
(4) This bill would declare the Le gislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.

This
(5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operati ve only if this bill and AB 339 are enacted and this bill is enacted last.

The
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. 94 AB 361 — 5 —

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(7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and a gencies be adopted with findings demonstr ating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

This
(8) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2⁄3. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 89305.6 is added to the Education Code, line 2 to read:
line 3 89305.6. (a)  Notwithstanding any other pr ovision of this line 4 article, and subject to the notice and accessibility requirements in line 5 subdivisions (d) and (e), a le gislative body may hold public line 6 meetings thr ough teleconfer encing and mak e public meetings line 7 accessible telephonically , or otherwise electr onically, to all line 8 members of the public seeking to observe and to addr ess the line 9 legislative body.
line 10 (b)  (1)  For a legislative body holding a public meeting through line 11 teleconferencing pursuant to this section, all requirements in this line 12 article requiring the physical pr esence of members, the clerk or line 13 other personnel of the legislative body, or the public, as a condition line 14 of participation in or quorum for a public meeting , are hereby line 15 suspended.
line 16 (2)  For a le gislative body holding a public meeting thr ough line 17 teleconferencing pur suant to this section, all of the following line 18 requirements in this article are suspended:
line 19 (A)  Each teleconference location from which a member will be line 20 participating in a public meeting or pr oceeding be identified in line 21 the notice and agenda of the public meeting or proceeding. line 22 (B)  Each teleconference location be accessible to the public. line 23 (C)  Members of the public may address the legislative body at line 24 each teleconference conference location.
line 25 (D)  Post agendas at all teleconference locations. 94 — 6 — AB 361

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line 1 (E)  At least one member of the le gislative body be physically line 2 present at the location specified in the notice of the meeting. line 3 (c)  A le gislative body that holds a meeting thr ough line 4 teleconferencing and allows members of the public to observe and line 5 address the meeting telephonically or otherwise electr onically, line 6 consistent with the notice and accessibility r equirements in line 7 subdivisions (d) and (e), shall have satisfied any requirement that line 8 the legislative body allow member s of the public to attend the line 9 meeting and of fer public comment. A legislative body need not line 10 make available any physical location from which members of the line 11 public may observe the meeting and offer public comment. line 12 (d)  If a le gislative body holds a meeting thr ough line 13 teleconferencing pursuant to this section and allows member s of line 14 the public to observe and addr ess the meeting telephonically or line 15 otherwise electronically, the legislative body shall also do both of line 16 the following:
line 17 (1)  Implement a procedure for receiving and swiftly resolving line 18 requests for r easonable modification or accommodation fr om line 19 individuals with disabilities, consistent with the federal Americans line 20 with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and line 21 resolving any doubt whatsoever in favor of accessibility. line 22 (2)  Advertise that pr ocedure each time notice is given of the line 23 means by which members of the public may observe the meeting line 24 and offer public comment, pursuant to paragraph (2) of subdivision line 25 (e).
line 26 (e)  Except to the e xtent this section pr ovides otherwise, each line 27 legislative body that holds a meeting thr ough teleconferencing line 28 pursuant to this section shall do both of the following:
line 29 (1)  Give advance notice of the time of, and post the agenda for, line 30 each public meeting accor ding to the timefr ames otherwise line 31 prescribed by this article , and using the means otherwise line 32 prescribed by this article, as applicable.
line 33 (2)  In each instance in which notice of the time of the meeting line 34 is otherwise given or the a genda for the meeting is otherwise line 35 posted, also give notice of the means by whic h members of the line 36 public may observe the meeting and of fer public comment. As to line 37 any instance in whic h there is a c hange in the means of public line 38 observation and comment, or any instance prior to the ef fective line 39 date of this section in whic h the time of the meeting has been line 40 noticed or the a genda for the meeting has been posted without 94 AB 361 — 7 —

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line 1 also including notice of the means of public observation and line 2 comment, a le gislative body may satisfy this r equirement by line 3 advertising the means of public observation and comment using line 4 the most r apid means of communication available at the time . line 5 Advertising the means of public observation and comment using line 6 the most rapid means of communication available at the time shall line 7 include, but need not be limited to, posting suc h means on the line 8 legislative body’s internet website.
line 9 (f)  All le gislative bodies utilizing the teleconfer encing line 10 procedures in this section ar e urged to use sound discr etion and line 11 to mak e reasonable ef forts to adher e as closely as r easonably line 12 possible to the otherwise applicable pr ovisions of this article, in line 13 order to maximize transparency and provide the public access to line 14 legislative body meetings.
line 15 (g)  This section shall r emain in ef fect only until J anuary 31, line 16 2022, and as of that date is repealed.
line 17 SEC. 2. Section 11133 is added to the Government Code, to line 18 read:
line 19 11133. (a)  Notwithstanding any other provision of this article, line 20 and subject to the notice and accessibility r equirements in line 21 subdivisions (d) and (e), a state body may hold public meetings line 22 through teleconfer encing and mak e public meetings accessible line 23 telephonically, or otherwise electronically, to all members of the line 24 public seeking to observe and to address the state body. line 25 (b)  (1)  For a state body holding a public meeting thr ough line 26 teleconferencing pursuant to this section, all requirements in this line 27 article requiring the physical pr esence of members, the clerk or line 28 other personnel of the state body, or the public, as a condition of line 29 participation in or quorum for a public meeting , ar e her eby line 30 suspended.
line 31 (2)  For a state body holding a public meeting thr ough line 32 teleconferencing pur suant to this section, all of the following line 33 requirements in this article are suspended:
line 34 (A)  Each teleconference location from which a member will be line 35 participating in a public meeting or pr oceeding be identified in line 36 the notice and agenda of the public meeting or proceeding. line 37 (B)  Each teleconference location be accessible to the public. line 38 (C)  Members of the public may address the state body at each line 39 teleconference conference location.
line 40 (D)  Post agendas at all teleconference locations. 94 — 8 — AB 361

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line 1 (E)  At least one member of the state body be physically present line 2 at the location specified in the notice of the meeting. line 3 (c)  A state body that holds a meeting through teleconferencing line 4 and allows member s of the public to observe and addr ess the line 5 meeting telephonically or otherwise electronically, consistent with line 6 the notice and accessibility requirements in subdivisions (d) and line 7 (e), shall have satisfied any requirement that the state body allow line 8 members of the public to attend the meeting and of fer public line 9 comment. A state body need not mak e available any physical line 10 location fr om whic h member s of the public may observe the line 11 meeting and offer public comment.
line 12 (d)  If a state body holds a meeting thr ough teleconferencing line 13 pursuant to this section and allows member s of the public to line 14 observe and addr ess the meeting telephonically or otherwise line 15 electronically, the state body shall also do both of the following:
line 16 (1)  Implement a procedure for receiving and swiftly resolving line 17 requests for r easonable modification or accommodation fr om line 18 individuals with disabilities, consistent with the federal Americans line 19 with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and line 20 resolving any doubt whatsoever in favor of accessibility. line 21 (2)  Advertise that pr ocedure each time notice is given of the line 22 means by which members of the public may observe the meeting line 23 and offer public comment, pursuant to paragraph (2) of subdivision line 24 (e).
line 25 (e)  Except to the e xtent this section pr ovides otherwise, each line 26 state body that holds a meeting through teleconferencing pursuant line 27 to this section shall do both of the following:
line 28 (1)  Give advance notice of the time of, and post the agenda for, line 29 each public meeting accor ding to the timefr ames otherwise line 30 prescribed by this article , and using the means otherwise line 31 prescribed by this article, as applicable.
line 32 (2)  In each instance in which notice of the time of the meeting line 33 is otherwise given or the a genda for the meeting is otherwise line 34 posted, also give notice of the means by whic h members of the line 35 public may observe the meeting and of fer public comment. As to line 36 any instance in whic h there is a c hange in the means of public line 37 observation and comment, or any instance prior to the ef fective line 38 date of this section in whic h the time of the meeting has been line 39 noticed or the a genda for the meeting has been posted without line 40 also including notice of the means of public observation and 94 AB 361 — 9 —

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line 1 comment, a state body may satisfy this requirement by advertising line 2 the means of public observation and comment using the most rapid line 3 means of communication available at the time . Advertising the line 4 means of public observation and comment using the most r apid line 5 means of communication available at the time shall include , but line 6 need not be limited to, posting suc h means on the state body’ s line 7 internet website.
line 8 (f)  All state bodies utilizing the teleconferencing procedures in line 9 this section ar e ur ged to use sound discr etion and to mak e line 10 reasonable efforts to adhere as closely as reasonably possible to line 11 the otherwise applicable pr ovisions of this article , in or der to line 12 maximize transparency and provide the public access to state body line 13 meetings.
line 14 (g)  This section shall r emain in ef fect only until J anuary 31, line 15 2022, and as of that date is repealed.
line 16 SECTION 1.
line 17 SEC. 3. Section 54953 of the Government Code is amended line 18 to read:
line 19 54953. (a)  All meetings of the le gislative body of a local line 20 agency shall be open and public, and all persons shall be permitted line 21 to attend an y meeting of the le gislative body of a local agenc y, line 22 except as otherwise provided in this chapter.
line 23 (b)  (1)  Notwithstanding an y other pro vision of la w, the line 24 legislative body of a local agenc y may use teleconferencing for line 25 the benefit of the public and the legislative body of a local agency line 26 in connection with any meeting or proceeding authorized by law. line 27 The teleconferenced meeting or proceeding shall comply with all line 28 otherwise applicable requirements of this chapter and all otherwise line 29 applicable provisions of law relating to a specific type of meeting line 30 or proceeding.
line 31 (2)  Teleconferencing, as authorized by this section, may be used line 32 for all purposes in connection with any meeting within the subject line 33 matter jurisdiction of the legislative body. All votes taken during line 34 a teleconferenced meeting shall be by rollcall. line 35 (3)  If the le gislative body of a local agenc y elects to use line 36 teleconferencing, it shall post agendas at all teleconference line 37 locations and conduct teleconference meetings in a manner that line 38 protects the statutory and constitutional rights of the parties or the line 39 public appearing before the le gislative body of a local agenc y. line 40 Each teleconference location shall be identified in the notice and 94 — 10 — AB 361

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line 1 agenda of the meeting or proceeding, and each teleconference line 2 location shall be accessible to the public. During the teleconference, line 3 at least a quorum of the members of the le gislative body shall line 4 participate from locations within the boundaries of the territory line 5 over which the local agenc y e xercises jurisdiction, e xcept as line 6 provided in subdivisions (d) and (e). The agenda shall provide an line 7 opportunity for members of the public to address the le gislative line 8 body directly pursuant to Section 54954.3 at each teleconference line 9 location.
line 10 (4)  For the purposes of this section, “teleconference” means a line 11 meeting of a legislative body, the members of which are in different line 12 locations, connected by electronic means, through either audio or line 13 video, or both. Nothing in this section shall prohibit a local agency line 14 from providing the public with additional teleconference locations. line 15 (c)  (1)  No legislative body shall tak e action by secret ballot, line 16 whether preliminary or final.
line 17 (2)  The legislative body of a local agency shall publicly report line 18 any action taken and the vote or abstention on that action of each line 19 member present for the action.
line 20 (3)  Prior to taking final action, the legislative body shall orally line 21 report a summary of a recommendation for a final action on the line 22 salaries, salary schedules, or compensation paid in the form of line 23 fringe benefits of a local agenc y e xecutive, as defined in line 24 subdivision (d) of Section 3511.1, during the open meeting in line 25 which the final action is to be taken. This paragraph shall not affect line 26 the public’s right under the California Public Records Act (Chapter line 27 3.5 (commencing with Section 6250) of Di vision 7 of Title 1) to line 28 inspect or cop y records created or recei ved in the process of line 29 developing the recommendation.
line 30 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 31 paragraph (3) of subdivision (b), if a health authority conducts a line 32 teleconference meeting, members who are outside the jurisdiction line 33 of the authority may be counted to ward the establishment of a line 34 quorum when participating in the teleconference if at least 50 line 35 percent of the number of members that would establish a quorum line 36 are present within the boundaries of the territory o ver which the line 37 authority exercises jurisdiction, and the health authority provides line 38 a teleconference number, and associated access codes, if any, that line 39 allows any person to call in to participate in the meeting and the 94 AB 361 — 11 —

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line 1 number and access codes are identified in the notice and agenda line 2 of the meeting.
line 3 (2)  Nothing in this subdi vision shall be construed as line 4 discouraging health authority members from regularly meeting at line 5 a common physical site within the jurisdiction of the authority or line 6 from using teleconference locations within or near the jurisdiction line 7 of the authority. A teleconference meeting for which a quorum is line 8 established pursuant to this subdivision shall be subject to all other line 9 requirements of this section.
line 10 (3)  For purposes of this subdi vision, a health authority means line 11 any entity created pursuant to Sections 14018.7, 14087.31, line 12 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 13 and Institutions Code, any joint powers authority created pursuant line 14 to Article 1 (commencing with Section 6500) of Chapter 5 of line 15 Division 7 for the purpose of contracting pursuant to Section line 16 14087.3 of the Welfare and Institutions Code, and an y advisory line 17 committee to a county-sponsored health plan licensed pursuant to line 18 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 19 Health and Safety Code if the advisory committee has 12 or more line 20 members.
line 21 (e)  (1)  A local agenc y may use teleconferencing without line 22 complying with the requirements of paragraph (3) of subdivision line 23 (b) if the le gislative body complies with the requirements of line 24 paragraph (2) of this subdi vision in an y of the follo wing line 25 circumstances:
line 26 (A)  The legislative body holds a meeting during a proclaimed line 27 state of emer gency, and state or local officials ha ve imposed or line 28 recommended measures to promote social distancing. line 29 (B)  The legislative body holds a meeting during a proclaimed line 30 state of emer gency for the purpose of determining, by majority line 31 vote, whether as a result of the emer gency, meeting in person line 32 would present imminent risks to the health or safety of attendees. line 33 (C)  The legislative body holds a meeting during a proclaimed line 34 state of emergency and has determined, by majority vote, pursuant line 35 to subparagraph (B) (B), that, as a result of the emergency, meeting line 36 in person would present imminent risks to the health or safety of line 37 attendees.
line 38 (2)  A le gislative body that holds a meeting pursuant to this line 39 subdivision shall do all of the following:
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line 1 (A)  The legislative body shall gi ve notice of the meeting and line 2 post agendas as otherwise required by this chapter. line 3 (B)  The legislative body shall allow members of the public to line 4 access the meeting and the agenda shall pro vide an opportunity line 5 for members of the public to address the legislative body directly line 6 pursuant to Section 54954.3. In each instance in which notice of line 7 the time of the teleconferenced meeting is otherwise given or the line 8 agenda for the meeting is otherwise posted, the le gislative body line 9 shall also give notice of the means by which members of the public line 10 may access the meeting and of fer public comment. The agenda line 11 shall identify and include an opportunity for all persons to attend line 12 via a call-in option or an internet-based service option. This line 13 subparagraph shall not be construed to require the legislative body line 14 to provide a physical location from which the public may attend line 15 or comment.
line 16 (C)  The legislative body shall conduct teleconference meetings line 17 in a manner that protects the statutory and constitutional rights of line 18 the parties and the public appearing before the legislative body of line 19 a local agency.
line 20 (D)  In the event of a disruption which prevents the public agency line 21 from broadcasting the meeting to members of the public using the line 22 call-in option or internet-based service option, or in the e vent of line 23 a disruption within the local agenc y’s control which pre vents line 24 members of the public from of fering public comments using the line 25 call-in option or internet-based service option, the body shall take line 26 no further action on items appearing on the meeting agenda until line 27 public access to the meeting via the call-in option or internet-based line 28 service option is restored. Actions taken on agenda items during line 29 a disruption which prevents the public agency from broadcasting line 30 the meeting may be challenged pursuant to Section 54960.1. line 31 (E)  The legislative body shall not require public comments to line 32 be submitted in adv ance of the meeting and must pro vide an line 33 opportunity for the public to address the legislative body and offer line 34 comment in real time. This subparagraph shall not be construed line 35 to require the legislative body to provide a physical location from line 36 which the public may attend or comment.
line 37 (F)  Notwithstanding Section 54953.3, an individual desiring to line 38 provide public comment through the use of an internet website, or line 39 other online platform, not under the control of the local legislative line 40 body, that requires registration to log in to a teleconference may 94 AB 361 — 13 —

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line 1 be required to re gister as required by the third-party internet line 2 website or online platform to participate.
line 3 (G)  (i)  A legislative body that provides a timed public comment line 4 period for each agenda item shall not close the public comment line 5 period for the agenda item, or the opportunity to register, pursuant line 6 to subparagraph (F), to pro vide public comment until that timed line 7 public comment period has elapsed.
line 8 (ii)  A le gislative body that does not pro vide a timed public line 9 comment period, b ut takes public comment separately on each line 10 agenda item, shall allow a reasonable amount of time per agenda line 11 item to allow public members the opportunity to pro vide public line 12 comment, including time for members of the public to re gister line 13 pursuant to subparagraph (F), or otherwise be recognized for the line 14 purpose of providing public comment.
line 15 (iii)  A le gislative body that pro vides a timed general public line 16 comment period that does not correspond to a specific agenda item line 17 shall not close the public comment period or the opportunity to line 18 register, pursuant to subparagraph (F), until the timed general line 19 public comment period has elapsed.
line 20 (3)  If a state of emer gency remains acti ve, or state or local line 21 officials ha ve imposed or recommended measures to promote line 22 social distancing, in order to continue to teleconference without line 23 compliance with paragraph (3) of subdi vision (b), the legislative line 24 body shall, not later than 30 days after teleconferencing for the line 25 first time pursuant to subparagraph (A), (B), or (C) of paragraph line 26 (1), and every 30 days thereafter, make the following findings by line 27 majority vote:
line 28 (A)  The legislative body has reconsidered the circumstances of line 29 the state of emergency.
line 30 (B)  Any of the following circumstances exist:
line 31 (i)  The state of emer gency continues to directly impact the line 32 ability of the members to meet safely in person. line 33 (ii)  State or local officials continue to impose or recommend line 34 measures to promote social distancing.
line 35 (4)  For the purposes of this subdi vision, “state of emergency” line 36 means a state of emergency proclaimed pursuant to Section 8625 line 37 of the California Emergency Services Act (Article 1 (commencing line 38 with Section 8550) of Chapter 7 of Division 1 of Title 2). line 39 (f)  This section shall remain in effect only until January 1, 2024, line 40 and as of that date is repealed.
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line 1 SEC. 1.1.
line 2 SEC. 3.1. Section 54953 of the Government Code is amended line 3 to read:
line 4 54953. (a)  All meetings of the le gislative body of a local line 5 agency shall be open and public, and all persons shall be permitted line 6 to attend any meeting of the legislative body of a local agency in line 7 person, except as otherwise provided in this chapter. Local agencies line 8 shall conduct meetings subject to this chapter consistent with line 9 applicable state and federal ci vil rights la ws, including, b ut not line 10 limited to, the any applicable language access and other line 11 nondiscrimination obligations of Section 11135 and Subchapter line 12 V (commencing with Section 2000d) of Chapter 21 of Title 42 of line 13 the United States Code. obligations.
line 14 (b)  (1)  Notwithstanding an y other pro vision of la w, the line 15 legislative body of a local agenc y may use teleconferencing for line 16 the benefit of the public and the legislative body of a local agency line 17 in connection with any meeting or proceeding authorized by law. line 18 The teleconferenced meeting or proceeding shall comply with all line 19 otherwise applicable requirements of this chapter and all otherwise line 20 applicable provisions of law relating to a specific type of meeting line 21 or proceeding.
line 22 (2)  Teleconferencing, as authorized by this section, may be used line 23 for all purposes in connection with any meeting within the subject line 24 matter jurisdiction of the legislative body. All votes taken during line 25 a teleconferenced meeting shall be by rollcall. line 26 (3)  If the le gislative body of a local agenc y elects to use line 27 teleconferencing, it shall post agendas at all teleconference line 28 locations and conduct teleconference meetings in a manner that line 29 protects the statutory and constitutional rights of the parties or the line 30 public appearing before the le gislative body of a local agenc y. line 31 Each teleconference location shall be identified in the notice and line 32 agenda of the meeting or proceeding, and each teleconference line 33 location shall be accessible to the public. During the teleconference, line 34 at least a quorum of the members of the le gislative body shall line 35 participate from locations within the boundaries of the territory line 36 over which the local agenc y e xercises jurisdiction, e xcept as line 37 provided in subdivisions (d) and (e). The agenda shall provide an line 38 opportunity for members of the public to address the le gislative line 39 body directly pursuant to Section 54954.3 at each teleconference line 40 location.
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line 1 (4)  For the purposes of this section, “teleconference” means a line 2 meeting of a legislative body, the members of which are in different line 3 locations, connected by electronic means, through either audio or line 4 video, or both. Nothing in this section shall prohibit a local agency line 5 from providing the public with additional teleconference locations. line 6 (c)  (1)  No legislative body shall tak e action by secret ballot, line 7 whether preliminary or final.
line 8 (2)  The legislative body of a local agency shall publicly report line 9 any action taken and the vote or abstention on that action of each line 10 member present for the action.
line 11 (3)  Prior to taking final action, the legislative body shall orally line 12 report a summary of a recommendation for a final action on the line 13 salaries, salary schedules, or compensation paid in the form of line 14 fringe benefits of a local agenc y e xecutive, as defined in line 15 subdivision (d) of Section 3511.1, during the open meeting in line 16 which the final action is to be taken. This paragraph shall not affect line 17 the public’s right under the California Public Records Act (Chapter line 18 3.5 (commencing with Section 6250) of Di vision 7 of Title 1) to line 19 inspect or cop y records created or recei ved in the process of line 20 developing the recommendation.
line 21 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 22 paragraph (3) of subdivision (b), if a health authority conducts a line 23 teleconference meeting, members who are outside the jurisdiction line 24 of the authority may be counted to ward the establishment of a line 25 quorum when participating in the teleconference if at least 50 line 26 percent of the number of members that would establish a quorum line 27 are present within the boundaries of the territory o ver which the line 28 authority exercises jurisdiction, and the health authority provides line 29 a teleconference number, and associated access codes, if any, that line 30 allows any person to call in to participate in the meeting and the line 31 number and access codes are identified in the notice and agenda line 32 of the meeting.
line 33 (2)  Nothing in this subdi vision shall be construed as line 34 discouraging health authority members from regularly meeting at line 35 a common physical site within the jurisdiction of the authority or line 36 from using teleconference locations within or near the jurisdiction line 37 of the authority. A teleconference meeting for which a quorum is line 38 established pursuant to this subdivision shall be subject to all other line 39 requirements of this section.
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line 1 (3)  For purposes of this subdi vision, a health authority means line 2 any entity created pursuant to Sections 14018.7, 14087.31, line 3 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 4 and Institutions Code, any joint powers authority created pursuant line 5 to Article 1 (commencing with Section 6500) of Chapter 5 of line 6 Division 7 for the purpose of contracting pursuant to Section line 7 14087.3 of the Welfare and Institutions Code, and an y advisory line 8 committee to a county-sponsored health plan licensed pursuant to line 9 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 10 Health and Safety Code if the advisory committee has 12 or more line 11 members.
line 12 (e)  (1)  A local agenc y may use teleconferencing without line 13 complying with the requirements of paragraph (3) of subdivision line 14 (b) if the le gislative body complies with the requirements of line 15 paragraph (2) of this subdi vision in an y of the follo wing line 16 circumstances:
line 17 (A)  The legislative body holds a meeting during a proclaimed line 18 state of emer gency, and state or local officials ha ve imposed or line 19 recommended measures to promote social distancing. line 20 (B)  The legislative body holds a meeting during a proclaimed line 21 state of emer gency for the purpose of determining, by majority line 22 vote, whether as a result of the emer gency, meeting in person line 23 would present imminent risks to the health or safety of attendees. line 24 (C)  The legislative body holds a meeting during a proclaimed line 25 state of emergency and has determined, by majority vote, pursuant line 26 to subparagraph (B) (B), that, as a result of the emergency, meeting line 27 in person would present imminent risks to the health or safety of line 28 attendees.
line 29 (2)  A le gislative body that holds a meeting pursuant to this line 30 subdivision shall do all of the following:
line 31 (A)  The legislative body shall gi ve notice of the meeting and line 32 post agendas as otherwise required by this chapter. line 33 (B)  The legislative body shall allow members of the public to line 34 access the meeting and the agenda shall pro vide an opportunity line 35 for members of the public to address the legislative body directly line 36 pursuant to Section 54954.3. In each instance in which notice of line 37 the time of the teleconferenced meeting is otherwise given or the line 38 agenda for the meeting is otherwise posted, the le gislative body line 39 shall also give notice of the means by which members of the public line 40 may access the meeting and of fer public comment. The agenda 94 AB 361 — 17 —

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line 1 shall identify and include an opportunity for all persons to attend line 2 via a call-in option or an internet-based service option. This line 3 subparagraph shall not be construed to require the legislative body line 4 to provide a physical location from which the public may attend line 5 or comment.
line 6 (C)  The legislative body shall conduct teleconference meetings line 7 in a manner that protects the statutory and constitutional rights of line 8 the parties and the public appearing before the legislative body of line 9 a local agency.
line 10 (D)  In the event of a disruption which prevents the public agency line 11 from broadcasting the meeting to members of the public using the line 12 call-in option or internet-based service option, or in the e vent of line 13 a disruption within the local agenc y’s control which pre vents line 14 members of the public from of fering public comments using the line 15 call-in option or internet-based service option, the body shall take line 16 no further action on items appearing on the meeting agenda until line 17 public access to the meeting via the call-in option or internet-based line 18 service option is restored. Actions taken on agenda items during line 19 a disruption which prevents the public agency from broadcasting line 20 the meeting may be challenged pursuant to Section 54960.1. line 21 (E)  The legislative body shall not require public comments to line 22 be submitted in adv ance of the meeting and must pro vide an line 23 opportunity for the public to address the legislative body and offer line 24 comment in real time. This subparagraph shall not be construed line 25 to require the legislative body to provide a physical location from line 26 which the public may attend or comment.
line 27 (F)  Notwithstanding Section 54953.3, an individual desiring to line 28 provide public comment through the use of an internet website, or line 29 other online platform, not under the control of the local legislative line 30 body, that requires registration to log in to a teleconference may line 31 be required to re gister as required by the third-party internet line 32 website or online platform to participate.
line 33 (G)  (i)  A legislative body that provides a timed public comment line 34 period for each agenda item shall not close the public comment line 35 period for the agenda item, or the opportunity to register, pursuant line 36 to subparagraph (F), to pro vide public comment until that timed line 37 public comment period has elapsed.
line 38 (ii)  A le gislative body that does not pro vide a timed public line 39 comment period, b ut takes public comment separately on each line 40 agenda item, shall allow a reasonable amount of time per agenda 94 — 18 — AB 361

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line 1 item to allow public members the opportunity to pro vide public line 2 comment, including time for members of the public to re gister line 3 pursuant to subparagraph (F), or otherwise be recognized for the line 4 purpose of providing public comment.
line 5 (iii)  A le gislative body that pro vides a timed general public line 6 comment period that does not correspond to a specific agenda item line 7 shall not close the public comment period or the opportunity to line 8 register, pursuant to subparagraph (F), until the timed general line 9 public comment period has elapsed.
line 10 (3)  If a state of emer gency remains acti ve, or state or local line 11 officials ha ve imposed or recommended measures to promote line 12 social distancing, in order to continue to teleconference without line 13 compliance with paragraph (3) of subdi vision (b), the legislative line 14 body shall, not later than 30 days after teleconferencing for the line 15 first time pursuant to subparagraph (A), (B), or (C) of paragraph line 16 (1), and every 30 days thereafter, make the following findings by line 17 majority vote:
line 18 (A)  The legislative body has reconsidered the circumstances of line 19 the state of emergency.
line 20 (B)  Any of the following circumstances exist:
line 21 (i)  The state of emer gency continues to directly impact the line 22 ability of the members to meet safely in person. line 23 (ii)  State or local officials continue to impose or recommend line 24 measures to promote social distancing.
line 25 (4)  For the purposes of this subdi vision, “state of emergency” line 26 means a state of emergency proclaimed pursuant to Section 8625 line 27 of the California Emergency Services Act (Article 1 (commencing line 28 with Section 8550) of Chapter 7 of Division 1 of Title 2). line 29 (f)  This section shall remain in effect only until January 1, 2024, line 30 and as of that date is repealed.
line 31 SEC. 2.
line 32 SEC. 4. Section 54953 is added to the Government Code, to line 33 read:
line 34 54953. (a)  All meetings of the le gislative body of a local line 35 agency shall be open and public, and all persons shall be permitted line 36 to attend an y meeting of the le gislative body of a local agenc y, line 37 except as otherwise provided in this chapter.
line 38 (b)  (1)  Notwithstanding an y other pro vision of la w, the line 39 legislative body of a local agenc y may use teleconferencing for line 40 the benefit of the public and the legislative body of a local agency 94 AB 361 — 19 —

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line 1 in connection with any meeting or proceeding authorized by law. line 2 The teleconferenced meeting or proceeding shall comply with all line 3 requirements of this chapter and all otherwise applicable provisions line 4 of law relating to a specific type of meeting or proceeding. line 5 (2)  Teleconferencing, as authorized by this section, may be used line 6 for all purposes in connection with any meeting within the subject line 7 matter jurisdiction of the legislative body. All votes taken during line 8 a teleconferenced meeting shall be by rollcall.
line 9 (3)  If the le gislative body of a local agenc y elects to use line 10 teleconferencing, it shall post agendas at all teleconference line 11 locations and conduct teleconference meetings in a manner that line 12 protects the statutory and constitutional rights of the parties or the line 13 public appearing before the le gislative body of a local agenc y. line 14 Each teleconference location shall be identified in the notice and line 15 agenda of the meeting or proceeding, and each teleconference line 16 location shall be accessible to the public. During the teleconference, line 17 at least a quorum of the members of the le gislative body shall line 18 participate from locations within the boundaries of the territory line 19 over which the local agenc y e xercises jurisdiction, e xcept as line 20 provided in subdi vision (d). The agenda shall pro vide an line 21 opportunity for members of the public to address the le gislative line 22 body directly pursuant to Section 54954.3 at each teleconference line 23 location.
line 24 (4)  For the purposes of this section, “teleconference” means a line 25 meeting of a legislative body, the members of which are in different line 26 locations, connected by electronic means, through either audio or line 27 video, or both. Nothing in this section shall prohibit a local agency line 28 from providing the public with additional teleconference locations line 29 (c)  (1)  No legislative body shall tak e action by secret ballot, line 30 whether preliminary or final.
line 31 (2)  The legislative body of a local agency shall publicly report line 32 any action taken and the vote or abstention on that action of each line 33 member present for the action.
line 34 (3)  Prior to taking final action, the legislative body shall orally line 35 report a summary of a recommendation for a final action on the line 36 salaries, salary schedules, or compensation paid in the form of line 37 fringe benefits of a local agenc y e xecutive, as defined in line 38 subdivision (d) of Section 3511.1, during the open meeting in line 39 which the final action is to be taken. This paragraph shall not affect line 40 the public’s right under the California Public Records Act (Chapter 94 — 20 — AB 361

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line 1 3.5 (commencing with Section 6250) of Di vision 7 of Title 1) to line 2 inspect or cop y records created or recei ved in the process of line 3 developing the recommendation.
line 4 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 5 paragraph (3) of subdivision (b), if a health authority conducts a line 6 teleconference meeting, members who are outside the jurisdiction line 7 of the authority may be counted to ward the establishment of a line 8 quorum when participating in the teleconference if at least 50 line 9 percent of the number of members that would establish a quorum line 10 are present within the boundaries of the territory o ver which the line 11 authority exercises jurisdiction, and the health authority provides line 12 a teleconference number, and associated access codes, if any, that line 13 allows any person to call in to participate in the meeting and the line 14 number and access codes are identified in the notice and agenda line 15 of the meeting.
line 16 (2)  Nothing in this subdi vision shall be construed as line 17 discouraging health authority members from regularly meeting at line 18 a common physical site within the jurisdiction of the authority or line 19 from using teleconference locations within or near the jurisdiction line 20 of the authority. A teleconference meeting for which a quorum is line 21 established pursuant to this subdivision shall be subject to all other line 22 requirements of this section.
line 23 (3)  For purposes of this subdi vision, a health authority means line 24 any entity created pursuant to Sections 14018.7, 14087.31, line 25 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 26 and Institutions Code, any joint powers authority created pursuant line 27 to Article 1 (commencing with Section 6500) of Chapter 5 of line 28 Division 7 for the purpose of contracting pursuant to Section line 29 14087.3 of the Welfare and Institutions Code, and an y advisory line 30 committee to a county-sponsored health plan licensed pursuant to line 31 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 32 Health and Safety Code if the advisory committee has 12 or more line 33 members.
line 34 (e)  This section shall become operative January 1, 2024. line 35 SEC. 2.1.
line 36 SEC. 4.1. Section 54953 is added to the Government Code, to line 37 read:
line 38 54953. (a)  All meetings of the le gislative body of a local line 39 agency shall be open and public, and all persons shall be permitted line 40 to attend any meeting of the legislative body of a local agency, in 94 AB 361 — 21 —

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line 1 person except as otherwise provided in this chapter. Local agencies line 2 shall conduct meetings subject to this chapter consistent with line 3 applicable state and federal ci vil rights la ws, including, b ut not line 4 limited to, the any applicable language access and other line 5 nondiscrimination obligations of Section 11135 and Subchapter line 6 V (commencing with Section 2000d) of Chapter 21 of Title 42 of line 7 the United States Code. obligations.
line 8 (b) (1) Notwithstanding an y other pro vision of la w, the line 9 legislative body of a local agenc y may use teleconferencing for line 10 the benefit of the public and the legislative body of a local agency line 11 in connection with any meeting or proceeding authorized by law. line 12 The teleconferenced meeting or proceeding shall comply with all line 13 requirements of this chapter and all otherwise applicable provisions line 14 of law relating to a specific type of meeting or proceeding. line 15 (2) Teleconferencing, as authorized by this section, may be used line 16 for all purposes in connection with any meeting within the subject line 17 matter jurisdiction of the legislative body. All votes taken during line 18 a teleconferenced meeting shall be by rollcall. line 19 (3) If the le gislative body of a local agenc y elects to use line 20 teleconferencing, it shall post agendas at all teleconference line 21 locations and conduct teleconference meetings in a manner that line 22 protects the statutory and constitutional rights of the parties or the line 23 public appearing before the le gislative body of a local agenc y. line 24 Each teleconference location shall be identified in the notice and line 25 agenda of the meeting or proceeding, and each teleconference line 26 location shall be accessible to the public. During the teleconference, line 27 at least a quorum of the members of the le gislative body shall line 28 participate from locations within the boundaries of the territory line 29 over which the local agenc y e xercises jurisdiction, e xcept as line 30 provided in subdi vision (d). The agenda shall pro vide an line 31 opportunity for members of the public to address the le gislative line 32 body directly pursuant to Section 54954.3 at each teleconference line 33 location.
line 34 (4) For the purposes of this section, “teleconference” means a line 35 meeting of a legislative body, the members of which are in different line 36 locations, connected by electronic means, through either audio or line 37 video, or both. Nothing in this section shall prohibit a local agency line 38 from providing the public with additional teleconference locations. line 39 (c) (1) No legislative body shall tak e action by secret ballot, line 40 whether preliminary or final.
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line 1 (2)  The legislative body of a local agency shall publicly report line 2 any action taken and the vote or abstention on that action of each line 3 member present for the action.
line 4 (3)  Prior to taking final action, the legislative body shall orally line 5 report a summary of a recommendation for a final action on the line 6 salaries, salary schedules, or compensation paid in the form of line 7 fringe benefits of a local agenc y e xecutive, as defined in line 8 subdivision (d) of Section 3511.1, during the open meeting in line 9 which the final action is to be taken. This paragraph shall not affect line 10 the public’s right under the California Public Records Act (Chapter line 11 3.5 (commencing with Section 6250) of Di vision 7 of Title 1) to line 12 inspect or cop y records created or recei ved in the process of line 13 developing the recommendation.
line 14 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 15 paragraph (3) of subdivision (b), if a health authority conducts a line 16 teleconference meeting, members who are outside the jurisdiction line 17 of the authority may be counted to ward the establishment of a line 18 quorum when participating in the teleconference if at least 50 line 19 percent of the number of members that would establish a quorum line 20 are present within the boundaries of the territory o ver which the line 21 authority exercises jurisdiction, and the health authority provides line 22 a teleconference number, and associated access codes, if any, that line 23 allows any person to call in to participate in the meeting and the line 24 number and access codes are identified in the notice and agenda line 25 of the meeting.
line 26 (2)  Nothing in this subdi vision shall be construed as line 27 discouraging health authority members from regularly meeting at line 28 a common physical site within the jurisdiction of the authority or line 29 from using teleconference locations within or near the jurisdiction line 30 of the authority. A teleconference meeting for which a quorum is line 31 established pursuant to this subdivision shall be subject to all other line 32 requirements of this section.
line 33 (3)  For purposes of this subdi vision, a health authority means line 34 any entity created pursuant to Sections 14018.7, 14087.31, line 35 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 36 and Institutions Code, any joint powers authority created pursuant line 37 to Article 1 (commencing with Section 6500) of Chapter 5 of line 38 Division 7 for the purpose of contracting pursuant to Section line 39 14087.3 of the Welfare and Institutions Code, and an y advisory line 40 committee to a county-sponsored health plan licensed pursuant to 94 AB 361 — 23 —

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line 1 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 2 Health and Safety Code if the advisory committee has 12 or more line 3 members.
line 4 (e) This section shall become operative January 1, 2024. line 5 SEC. 3.
line 6 SEC. 5. Sections 1.1 3.1 and 2.1 4.1 of this bill incorporate line 7 amendments to Section 54953 of the Government Code proposed line 8 by both this bill and Assembly Bill 339. Those sections of this bill line 9 shall only become operati ve if (1) both bills are enacted and line 10 become ef fective on or before January 1, 2022, b ut this bill line 11 becomes operative first, (2) each bill amends Section 54953 of the line 12 Government Code, and (3) this bill is enacted after Assembly Bill line 13 339, in which case Section 54953 of the Go vernment Code, as line 14 amended by Sections 1 3 and 2 4 of this bill, shall remain operative line 15 only until the operative date of Assembly Bill 339, at which time line 16 Sections 1.1 3.1 and 2.1 4.1 of this bill shall become operative. line 17 SEC. 4.
line 18 SEC. 6. It is the intent of the Legislature in enacting this act to line 19 improve and enhance public access to state and local agenc y line 20 meetings during the CO VID-19 pandemic and future applicable line 21 emergencies, by allowing broader access through teleconferencing line 22 options consistent with the Go vernor’s Ex ecutive Order No. line 23 N-29-20 dated March 17, 2020, permitting e xpanded use of line 24 teleconferencing during the COVID-19 pandemic.
line 25 SEC. 5.
line 26 SEC. 7. The Legislature finds and declares that Sections 1 3 line 27 and 2 4 of this act, which amend, repeal, and add Section 54953 line 28 of the Government Code, further, within the meaning of paragraph line 29 (7) of subdi vision (b) of Section 3 of Article I of the California line 30 Constitution, the purposes of that constitutional section as it relates line 31 to the right of public access to the meetings of local public bodies line 32 or the writings of local public officials and local agencies. Pursuant line 33 to paragraph (7) of subdivision (b) of Section 3 of Article I of the line 34 California Constitution, the Le gislature mak es the follo wing line 35 findings:
line 36 This act is necessary to ensure minimum standards for public line 37 participation and notice requirements allowing for greater public line 38 participation in teleconference meetings during applicable line 39 emergencies.
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line 1 SEC. 8. (a)  The Legislature finds and declares that during the line 2 COVID-19 public health emer gency, certain requirements of the line 3 Bagley-Keene Open Meeting Act (Article 9 (commencing with line 4 Section 11120) of Chapter 1 of P art 1 of Division 3 of Title 2 of line 5 the Go vernment Code) wer e suspended by Executive Or der line 6 N-29-20. Audio and video teleconfer ence wer e widely used to line 7 conduct public meetings in lieu of physical location meetings, and line 8 public meetings conducted by teleconference during the COVID-19 line 9 public health emer gency have been pr oductive, have incr eased line 10 public participation by all member s of the public r egardless of line 11 their location in the state and ability to travel to physical meeting line 12 locations, have pr otected the health and safety of civil servants line 13 and the public, and have reduced travel costs incurred by members line 14 of state bodies and reduced work hours spent traveling to and from line 15 meetings.
line 16 (b)  The Legislature finds and declares that Section 1 of this act, line 17 which adds and repeals Section 89305.6 of the Education Code , line 18 Section 2 of this act, which adds and repeals Section 11133 of the line 19 Government Code, and Sections 3 and 4 of this act, which amend, line 20 repeal, and add Section 54953 of the Go vernment Code , all line 21 increase and potentially limit the public’ s right of access to the line 22 meetings of public bodies or the writings of public officials and line 23 agencies within the meaning of Section 3 of Article I of the line 24 California Constitution. Pursuant to that constitutional provision, line 25 the Legislature makes the following findings to demonstr ate the line 26 interest protected by this limitation and the need for pr otecting line 27 that interest:
line 28 (1)  By r emoving the r equirement that public meetings be line 29 conducted at a primary physical location with a quorum of line 30 members present, this act pr otects the health and safety of civil line 31 servants and the public and does not preference the experience of line 32 members of the public who might be able to attend a meeting in a line 33 physical location over members of the public who cannot tr avel line 34 or attend that meeting in a physical location.
line 35 (2)  By removing the r equirement for a gendas to be placed at line 36 the location of each public official participating in a public meeting line 37 remotely, including from the member’s private home or hotel room, line 38 this act protects the personal, private information of public officials line 39 and their families while pr eserving the public’ s right to access line 40 information concerning the conduct of the people’s business. 94 AB 361 — 25 —

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line 1 SEC. 6.
line 2 SEC. 9. This act is an ur gency statute necessary for the line 3 immediate preservation of the public peace, health, or safety within line 4 the meaning of Article IV of the California Constitution and shall line 5 go into immediate effect. The facts constituting the necessity are:
line 6 In order to ensure that state and local agencies can continue line 7 holding public meetings while pro viding essential services lik e line 8 water, power, and fire protection to their constituents during public line 9 health, wildfire, or other states of emergencies, it is necessary that line 10 this act take effect immediately.

O
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 12, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Jennifer Dianos, Assistant to the City Manager SUBJECT: Receive Written Update on the City’s Response Efforts to COVID-19 BACKGROUND: This report is to provide an update on the City’s response efforts to COVID-19, while the Emergency Operations Center (EOC) is activated. The information provided in this report is as of the time it was produced and may be subject to change.

DISCUSSION: San Mateo County Health provides regular COVID-19 statistic dashboards through their website, smchealth.org. San Mateo County Health reports as of Mar. 31, 2022, there were a total of 138 cases within the last 30 days in the City of San Bruno; and as of Apr. 3, 2022, approximately 96.4% of San Bruno residents age 5+ are vaccinated. Additional statistics are attached to this report.

There are no new operational modifications of City services to report to the City Council.

STAY HEALTHY

1. Get Vaccinated. Appointments can be made at myturn.ca.gov or 1-833-422-4255.

Residents 50+ and those that are immunocompromised are eligible for a second COVID-19 booster, as long as 4 months have passed since their first booster. At this time, appointments are not required at most County clinics – however they are highly recommended.

2. Get Tested. No-cost PCR testing is available at the Curative kiosk located at Narita Plaza, located between San Bruno City Hall and San Bruno Library. Appointments can be made at cur.tv/Sanbruno or 888-702-9042.

Other no-cost County testing sites located throughout San Mateo County can be found at smcgov.org/testing.

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FISCAL IMPACT: There is no fiscal impact associated with this update.

ENVIRONMENTAL IMPACT: There is no environmental impact.

RECOMMENDATION: Receive Written Update on the City’s Response Efforts to COVID- 19 ALTERNATIVES: The City of San Bruno’s Emergency Operations Center remains activated and there are no alternatives proposed at this time.

ATTACHMENTS: 1. San Mateo County Health Department COVID-19 Data Dashboard 83 of 206
Source: https://www.smchealth.org/data-dashboards
(Dashboard screen shots taken on 4/4/2022)
ATTACHMENT 1
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1 4
5 85 of 206
Source: https://www.smchealth.org/data-dashboards
1 4
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Source: https://www.smchealth.org/data-dashboards
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 12, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Matthew Lee, Director
SUBJECT: Adopt Resolution Related to the Emergency Replacement of the San Bruno Senior Center Chiller Unit: • Ratifying the Emergency Replacement Declaration of the Chiller Unit at the San Bruno Senior Center Authorized by the City Manager on March 30, 2022; • Waiving Competitive Bidding Requirements Pursuant to State Law and the San Bruno Municipal Code Due to the Existence of an Emergency; • Authorizing the City Manager to Execute Necessary Contracts to Mitigate the Emergency and to Appropriate Such Funds from the Building and Facility Fund Balance BACKGROUND: On March 28, 2022, the Public Works Department was contacted regarding an error message from the chiller unit used to cool the San Bruno Senior Center. Staff contacted a repair vendor to diagnose the alert by selecting a vendor from the Department’s Pre-Qualified Vendor List. It was discovered that one of 4 compressors had failed within the chiller unit and a third compressor was faulting. When attempting to repair the compressors, the other compressors also failed. The cost to replace one compressor was not prudent as the unit exceeded its useful life cycle and the cost outweighed the benefit. The chiller unit is currently 35 years old and has an average life cycle of approximately 20 years.

Due to the Senior Centers importance within the community, with programs like the active lunch program and its potential use as a cooling center, staff determined the need for replacement was urgent for such a critical facility to the community. Failure to act quickly would result in the lack of cooling for the entire building during peak summer months. Given the chiller unit procurement timelines and potential global supply chain issues, it would be prudent to engage in ordering the unit and initiating the repairs immediately to meet the peak demands of the chiller unit this summer. The Public Works Department requested authorization to move forward with immediate replacement of the chiller unit.

Under municipal code section 2.44.120.A, the City Manager authorized the replacement. A memo was issued to the City Council on March 30, 2022 (Attachment 2).

DISCUSSION: Under normal non-emergency conditions, a project of this size (between $60,000 and $200,000) would require an informal bidding process per the California Public Contract Code Section 22032 - California Uniform Public Construction Cost Accounting Act. Due to the failure at a facility that runs critical programs for seniors, the potential use of the facility as a cooling center, the timelines needed to ensure the chiller unit is replaced in time for the summer months, the chiller unit procurement timelines, and potential global supply chain issues; staff determined that it would be prudent to waive informal bidding process for this emergency repair. 88 of 206
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2 1
0 Although the informal bidding process was waived, staff selected a contractor from the City’s 2022 Prequalified Contractors List. This is allowed under emergency authority municipal code section 2.44.120.A and the California Public Contract Code Section 20168 which authorizes the City Manager to take such action in an emergency. The California State law and the San Bruno Municipal code requires that when the City Managers waives the bidding requirements due to an emergency council will need a 4/5th approval to ratify the action, which declares the emergency repair, waive the informal bidding process, and authorize the execution of the contract.

FISCAL IMPACT: The cost for this emergency replacement was $117,161 and staff utilized the Building and Facility Fund Balance to establish a Purchase Order for the work ENVIRONMENTAL IMPACT: The action is not a project subject to CEQA.  City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION: Adopt Resolution Related to the Emergency Replacement of the San Bruno Senior Center Chiller Unit:
• Ratifying the Emergency Replacement Declaration of the Chiller Unit at the San Bruno Senior Center Authorized by the City Manager on March 30, 2022; • Waiving Competitive Bidding Requirements Pursuant to State Law and the San Bruno Municipal Code Due to the Existence of an Emergency;
• Authorizing the City Manager to Execute Necessary Contracts to Mitigate the Emergency and to Appropriate Such Funds from the Building and Facility Fund Balance ALTERNATIVES:

1.Reject staff’s recommendation to ratify the emergency declaration, waive informal bidding, and authorization of contract.

2.Direct changes at the Dias to the resolution to ratify only a portion of the staff recommendation.

ATTACHMENTS:

1. Resolution

2. Authorization Request Memo dated March 29, 2022
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4 1
1 RESOLUTION NO. 2022- ____
RESOLUTION:
•RATIFYING THE EMERGENCY REPLACEMENT DECLARATION FOR THE

CHILLER UNIT AT THE SAN BRUNO SENIOR CENTER AUTHORIZED BY THE CITY MANAGER ON MARCH 30, 2022;
•WAIVING COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO STATE

LAW AND THE SAN BRUNO MUNICIPAL CODE DUE TO EXISTENCE OF AN EMERGENCY;
•RATIFYING THE CITY MANAGER’S ACTION TO EXECUTE NECESSARY

CONTRACTS TO MITITGATE THE EMERGENCY AND TO APPROPRIATE

SUCH FUNDS FROM THE BUILDING AND FACILITIES FUND BALANCE WHEREAS, On March 28, 2022, the Public Works Department was contacted regarding an error message from the chiller unit used to cool the San Bruno Senior Center; and
WHEREAS, Staff contacted a repair vendor by selecting a vendor from the Department’s Pre-Qualified Vendor List; and
WHEREAS, When attempting to repair the compressors, the other compressors also failed; and
WHEREAS, Expending funds to replace one compressor was not prudent as the unit had already exceeded its useful life cycle and the cost outweighed the benefit; and WHEREAS, Under normal non-emergency conditions, a project of this size (between $60,000 and $200,000) would require an informal bidding process per the California Public Contract Code Section 22032 - California Uniform Public Construction Cost Accounting Act; and
WHEREAS, Due to the failure at a facility that runs critical programs for seniors, the potential use of the facility as a cooling center, the timelines needed to ensure the chiller unit is replaced in time for the summer months, the chiller unit procurement timelines, and potential global supply chain issues, staff determined that it would be prudent to waive informal bidding process for this emergency repair; and WHEREAS, This is allowed under emergency authority municipal code section

2.44.120(A) and the California Public Contract Code Section 20168 which authorizes the City Manager to take such action in an emergency; and
WHEREAS, California State law and the San Bruno Municipal Code requires that when the City Manager waives the bidding requirements due to an emergency, the City Council will need to ratify the action by a 4/5th vote, which declares the need for the emergency repair, waives the informal bidding process, and authorizes the execution of the contract; and
WHEREAS, The Public Works Department requested authorization to move forward with immediate replacement of the chiller unit; and
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1 WHEREAS, Under Public Contracts Code section 20168 and Municipal Code section 2.44.120.A, the City Manager agreed to waive competitive bidding requirements and authorized the replacement; and
WHEREAS, A memo was issued to the City Council on March 30, 2022 as required by those sections.

NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council hereby:

• Ratifies the Emergency Replacement Declaration for the Chiller Unit at the San Bruno Senior Center Authorized by the City Manager on March 30, 2022; • Waives Competitive Bidding Requirements Pursuant to State Law and the San Bruno Municipal Code Due to the Existence of an Emergency; • Ratifies the City Manager’s Action to Execute Necessary Contracts to Mitigate the Emergency and to Appropriate Such Funds from the Building and Facility Fund Balance
Dated: April 12, 2022
-o0o-
I, Melissa Thurman, City Clerk, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Bruno this 12nd day of April 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

ATTEST:

Melissa Thurman, MMC
City Clerk
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 12, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Jovan D. Grogan, City Manager
SUBJECT: Adopt Resolution Approving Agreement between the City of San Bruno and the Police Bargaining Unit and Authorizing Execution by the City Manager
BACKGROUND: The existing Memorandum of Understanding between the City of San Bruno and the Police Bargaining Unit expired on December 31, 2021. Representatives from the City and the bargaining unit met and conferred in good faith and have reached a tentative agreement extending their existing Memorandum of Understanding an additional four years through December 31, 2025. The tentative agreement was signed by the bargaining unit on March 22, 2022.

DISCUSSION: The attached Tentative Agreement for the Police Bargaining Unit will extend their current Memorandum of Understanding through December 31, 2025 based on factors identified during negotiations over the last seven months.

The City retained an independent consultant to conduct a total compensation survey of comparison agencies that was completed and reviewed with the union in October 2021.

Total compensation for the group demonstrated that they were below the labor market median by 2.55%.

In addition to the total compensation survey of comparison agencies, the agreement’s economic package was based on a variety of factors including inflation as measured by the Consumers Price Index, All Urban Consumers (CPI-U), for the San Francisco – Oakland – San Jose region. CPI-U in October 2021 was 3.8% for the region. Also taken into consideration was the 0% cost of living adjustment (COLA) received for the group in 2021.

CPI-U in 2020 was 2%, the bargaining group received a 3% COLA. In 2019, CPI-U was

2.5% and the group received a 3% COLA. In 2018, the group received a 3% COLA and 2% equity adjustment, CPI-U was 4.5%.

The tentative agreements include cost of living adjustments each year as follows:
 effective the first full pay period of January 2022, a 4% salary increase  effective the first full pay period of January 2023, a 3% salary increase  effective the first full pay period of January 2024, a 3% salary increase  effective the first full pay period of January 2025, a 3% salary increase 94 of 206
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In addition to cost-of-living adjustments (COLAs) over the course of the four-year period, the contract identifies specific classification assessments (Police Record Clerks and Public Safety Dispatchers and Community Service Officer assigned to digital and physical evidence) and an addition of a Police Corporal classification, special assignments pay and night shift differential aligned with other local jurisdictions and an extension of compensatory leave bank from 80 to 120 hours. Additional modifications of the contract include clean-up language.

Per official request by the union, the classifications of Code Enforcement Officer I, Code Enforcement Officer II and Senior Code Enforcement Officer are to be transitioned from the Miscellaneous Bargaining Unit, represented by Teamsters, Local #856 to the Police Bargaining Unit, also represented by Teamsters, Local #856.

Bargaining unit members will share in the cost for medical premium increases. The City will continue to pay 75% of the health care premium increase beginning January 1, 2022 and December 31, 2025.

The parties agreed to add the Retiree Plus Health Coverage to commence for all current employees who participate in the employee health plan effective January 1, 2021.

Beginning January 1, 2022 through December 31, 2025 the City shall pay 75% and employee shall pay 25% of Retiree Plus Health Coverage premium.

FISCAL IMPACT: The FY 2021/2022 budget does not include funds for enhancements to employee salary and additional benefit costs over the fiscal year. The 4% wage adjustment, special assignment pays, classification changes and additional benefit costs for this bargaining unit is anticipated to cost $215,170 for the remainder of FY 2021/2022.

Excess general fund revenues will cover costs in the current FY 2021/22. Future costs will be included in subsequent annual budgets.

RECOMMENDATION: Adopt Resolution Approving Agreement between the City of San Bruno and the Police Bargaining Unit and Authorizing Execution by the City Manager.

ALTERNATIVES: Do not approve the agreement and direct the negotiating team to seek changes or to begin mediation discussions.

ATTACHMENTS:

1. Resolution

2. Tentative Agreement - Police
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RESOLUTION NO. 2022–

ADOPT RESOLUTION APPROVING THE AGREEMENT

BETWEEN THE CITY OF SAN BRUNO AND THE POLICE

BARGAINING UNIT, AND AUTHORIZING ITS EXECUTION BY

THE CITY MANAGER

WHEREAS, representatives of the Police Bargaining Unit represented by the Teamsters Local 856 and representatives of the City of San Bruno have met and negotiated in good faith; and

WHEREAS, as a result of those negotiations, an agreement has been reached regarding changes to the terms and conditions of employment for the Police Bargaining Unit Memorandum of Understanding to the period to December 31, 2025; and

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Bruno that it hereby approves the Agreement reached between the City of San Bruno and the Police Bargaining Unit modifying the existing Memorandum of Understanding between the parties, and consistent with terms and conditions outlined in the Agreement attached hereto and marked Exhibit A; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute on behalf of the City of San Bruno the attached Agreement, and any modified and consolidated Memorandum of Understanding prepared incorporating all prior agreed upon terms and conditions of employment approved by the City of San Bruno and the Police Bargaining Unit represented by the Teamsters Local 856.

--oOo—

I hereby certify the foregoing Resolution No. _____ was introduced and adopted by the San Bruno City Council, at a regular meeting on April 12, 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

________________________________
Melissa Thurman, City Clerk
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 12, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Matthew Lee, Director
SUBJECT: Waive First Reading and Introduce an Ordinance Repealing Chapter

10.21 of the San Bruno Municipal Code and Adopting a new Chapter

10.21 Regulating the Use of Disposable Food Service Ware by Food Facilities
BACKGROUND: On August 12, 2008, the City Council adopted a Sustainable Food Packaging Ordinance calling on restaurants and other food service vendors in San Bruno to eliminate disposable food service composed of polystyrene (Styrofoam). Effective April 1, 2010, food vendors were prohibited from dispensing prepared food to customers in disposable food service ware made from polystyrene. Since the adoption of the Sustainable Food Packaging Ordinance, there has been increasing concern in the community over the impact of disposable food service ware, especially items made from plastic. Disposable food service ware, including containers, cups, lids, utensils and straws, is a major contributor to street litter, ocean pollution, marine and other wildlife endangerment, and climate change. The toxic, carcinogenic chemicals in polystyrene include benzene and styrene, and when heated, leaches into food and drinks.

The City was contacted by the San Mateo County Office of Sustainability (County) in August 2019 and received a summary report and request to consider joining a county wide effort to adopt a Disposable Food Service Ware Ordinance (Ordinance) for food facilities. For over a year, County staff conducted extensive research and worked closely with the County’s Environmental Health Services (EHS) to develop the proposed Ordinance, repealing its existing Polystyrene Ban Ordinance. The County engaged cities and stakeholders in the process to try and encourage all of the cities in the county to adopt its Ordinance. The County adopted the Ordinance on February 25, 2020, with thirteen cities following the adoption including the City adopting on September 14, 2021. The Ordinance aimed to regulate and reduce the amount of disposable food service ware, especially those made of plastic which include one-time use items such as straws, stirrers, blows, plates, cups, utensils, clamshells, etc.

In 2018, California adopted Assembly Bill (AB) 1884 requiring that full-service restaurants only provide single-use plastic straws upon consumer request versus distributing them automatically without a specific request from the consumer. The State expanded on this law by passing AB 1276 on October 5, 2021. Under AB 1276, food facilities must go beyond just plastic straws and require consumers to request additional foodware accessories such as utensils, stirrers, splash sticks, and condiment packets. The State also strengthened enforcement by directing local governments to authorize an enforcement agency to enforce these statutes by June 1, 2022.

The law, however, does not provide a specific implementation date. Furthermore, AB 1276 allows local governments to adopt more restrictive requirements at their discretion. Also, on 103 of 206
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3 October 5, 2021, Governor Newsom signed into law AB 1200, which prohibits the sale or distribution of single-use foodware comprised of paper or other plant-based natural fiber that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), a class of hazardous chemicals. This law goes into effect on January 1, 2023. The new legislation does not direct a specific entity to be the enforcement agency.

The County’s Board of Supervisors adopted the amendment to the Disposable Food Service Ware Ordinance on February 8, 2022.

DISCUSSION: The previously adopted City Ordinance in September 2021 (2021 Ordinance) includes key provisions that are well aligned with many of the requirements on foodware in AB 1276 and AB 1200 including:

1. Requirement that food facilities only distribute foodware accessories upon request by the consumer;

2. Prohibition of food facilities from bundling/packaging single-use foodware accessories for distribution;

3. Requirement that third-party food delivery platforms (e.g., Uber Eats, DoorDash, etc.) provide options for consumers to affirmatively ask for single-use foodware accessories; and

4. PFAS restrictions on single-use fiber-based foodware. (While AB 1200 requires all single-use fiber-based foodware to be PFAS-free, the City’s 2021 Ordinance requires the following select items to be PFAS-free: plates, bowls, cups, food trays, clamshells, boxes, deli containers, and other containers.)
Some discrepancies, however, do exist. Below is a summary of the new state requirements and the recommendations for aligning the City’s 2021 Ordinance with the new state requirements.

Overview of Changes to City’s 2021 Ordinance to Align with AB 1276 To align the City’s 2021 Ordinance with the new state requirements of AB 1276, the following changes are recommended:

1. Current 2021 Ordinance requirement: All food facilities may offer single-use foodware accessories to consumers.

New AB 1276 requirement: Food facilities can offer single-use foodware accessories only at drive-throughs and public airports.

Recommended change to 2021 Ordinance: Amend the 2021 Ordinance so that only food facility drive-throughs and food facilities at public airports can offer accessories to consumers.

2. Current 2021 Ordinance requirement: Food facilities may distribute foodware accessories using dispensers and have them available at self-serve areas, including in open bins/containers for consumers to grab-and-go.

New AB 1276 requirement: Open bins/containers are not allowed for distribution of accessories.

Consumers must request them from the employee and/or food facilities may have them available at refillable dispensers that dispense accessories one item at a time.

Recommended change to 2021 Ordinance: Amend the 2021 Ordinance so that food facilities cannot have available accessories in open bins/containers at self-serve areas for consumers to 104 of 206
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3 grab-and-go, and explicitly state that dispensers can only dispense accessories one item at a time.

3. Current 2021 Ordinance requirement: Food facilities are not prohibited from using self-serve, refillable bulk condiment dispensers (there is no reference to bulk condiment dispensers in the 2021 Ordinance).

New AB 1276 requirement: Food facilities are explicitly allowed to use self-serve, refillable bulk condiment dispensers to distribute condiments.

Recommended change to 2021 Ordinance: Amend the 2021 Ordinance to explicitly allow for use of refillable bulk condiment dispensers.

Overview of Changes to City’s 2021 Ordinance to Align with AB 1200 The PFAS requirements for all single-use fiber-based foodware under AB 1200 go into effect on January 1, 2023. To align the City’s 2021 Ordinance with the new state requirements of AB 1200, the following changes are recommended:

1. The PFAS requirements in AB 1200 go into effect on January 1, 2023 and supersede those of the City’s 2021 Ordinance. Therefore, the recommendation is to sunset the City’s PFAS requirements currently in the 2021 Ordinance on December 31, 2022. The County will look to the State to assume responsibility for implementing and enforcing the new requirements starting on January 1, 2023.

The City entered into a Memorandum of Understanding with the County, who will take the lead in education and outreach, as well as enforcement of the ordinance.

This will promote consistency within jurisdictions throughout the County. The City will save staff time and resources by having the County provide these services.

The ordinance will not become operative and will not be enforced until October 1, 2022 to provide food facilities time to use up their existing non-conforming inventory and to give County staff time to develop an education and enforcement program.

FISCAL IMPACT: There is no fiscal impact anticipated as a result of this Ordinance. Limited costs are anticipated for existing food service facilities in the City considering that all have some type of sustainable food service ware in place. The County will manage the outreach, education, and enforcement of the Ordinance at no cost to the City.

ENVIRONMENTAL IMPACT: The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION: Receive report regarding the San Mateo County Office of Sustainability’s proposed Food Service Ware Ordinance and provide direction to staff to return with a City Disposable Food Service Ware Ordinance for adoption.

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3 ALTERNATIVES: 1. Request additional information before adopting the ordinance ATTACHMENTS: 1. Disposable Food Service Ware Ordinance 106 of 206
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0 ORDINANCE NO. _______
AN ORDINANCE REPEALING CHAPTER 10.21 (DISPOSABLE FOOD SERVICE WARE) TO TITLE 10 (MUNICPAL SERVICES) OF THE SAN BRUNO MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 10.21 (DISPOSABLE FOOD SERVICE WARE) REGULATING

THE USE OF DISPOSABLE FOOD SERVICE WARE BY FOOD FACILITIES WHEREAS, the City adopted Ordinance No. 1770 prohibiting the use of polystyrene (Styrofoam) based disposable food service ware by food vendors on February 10, 2009.; and WHEREAS, the City repealed and replaced City Ordinance No. 1770 with Ordinance No. 1902 also known as the “Disposable Food Service Ware Ordinance,” hereafter referred to as the “Ordinance,” on September 14, 2021. The Ordinance focuses on reducing single-use plastic and other food service ware waste, improving the health and safety of the City and County community members, and helping to waterways clean and safe; and WHEREAS, on October 5, 2021, AB AB 1276 was signed into law by Governor Gavin Newsom. AB 1276 restricts the distribution of single-use foodware accessories (e.g., utensils, straws, stirrers, condiment packets, etc.) by restaurants and other food facilities; and WHEREAS, on October 5, 2021, AB 1200 was also signed into law by the Governor. AB 1200 mandates that no person shall distribute, sell, or offer for sale in the state any food packaging (including single-use foodware) that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS); and
WHEREAS, the Ordinance includes requirements that are well aligned with many of the requirements on foodware in AB 1276 and AB 1200. However, some discrepancies exist. As such, the Ordinance must be amended to ensure alignment with requirements in both State bills; and
WHEREAS, the City does, accordingly, find and declare that it should repeal and replace in its entirety Chapter 10.21 of the San Bruno Ordinance Code to ensure the City’s requirements around single-use foodware accessories distribution and PFAS regulation in single-use foodware align with the State of California’s requirements.

NOW, THEREFORE, the City Council of the City of San Bruno does ordain as follows:

SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.

SECTION 2. Chapter 10.21 (Disposable Food Service Ware) of Title 10 (Municipal Services) is hereby repealed and replaced in their entirety by a new Chapter 10.21 to be numbered and entitled and to read as follows:

CHAPTER 10.21

REGULATING THE USE OF DISPOSABLE FOOD SERVICE WARE
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0 10.21.010 Definitions.

For purposes of this Chapter, the following terms have the following meanings:
(a) “Aluminum Foil-based” means any Disposable Food Service Ware composed entirely of aluminum, including but not limited to aluminum tray liners, aluminum foil, and aluminum foil baskets.
(b) “Compostable” means that an item or material:

1. Meets standards for compostability from a certified/approved independent third- party approved by the County Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as needed; and/or

2. Is any variation of acceptable materials that will break down or otherwise become part of usable compost in a safe and timely manner as determined by the County Manager or designee, in collaboration with local waste processors, haulers, and/or other entities, as needed; and

3. Is Natural Fiber-based. Compostable items may include those that are made entirely of Natural Fiber or Natural Fiber-based items that are coated or lined with biologically based polymer, such as, but not limited to corn or other plant sources (e.g., compostable plastics), if certified/approved by independent third parties approved by the County Manager or designee.
“Compostable” does not include items made entirely/primarily of biologically based polymer (e.g., PLA, PHA, or other compostable plastic), even if labeled or certified as compostable.
(b) “Biodegradable Products Institute (BPI)” refers to a certification program that ensures that products and packaging displaying the BPI logo have been independently tested and verified accordingly to scientifically based standards to successfully break down in professionally managed industrial composting facilities. BPI-certified products meet the standards of the American Society for Testing Materials (ASTM) D6400 or D6868 for compostability. Starting on January 1, 2020, all BPI-certified products will also be required to have (1) a limit of 100 parts per million (ppm) total Fluorinated Chemicals as the upper threshold for acceptance and (2) no intentionally added Fluorinated Chemicals.
(c) “City Facilities” means any building, structure or vehicles owned or operated by the City of San Bruno, its agent, agencies, and departments. This also includes all individuals, entities, or organizations using City Facilities for public or private events. (d) “Compostable” means that an item or material (1) will break down, or otherwise become part of usable compost in a safe and timely manner and (2) is Natural Fiber-based or made from other materials approved by the City Manager or designee. Compostable items may include those that are made entirely of Natural Fiber or Natural Fiber-based items that are coated or lined with biologically based polymer, such as corn or other plant sources (e.g., compostable plastics), if certified by BPI or by another independent third party approved by the City Manager or designee.
(e)(d) “Disposable” means designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple reuse. 108 of 206
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0 (f)(e) “Food Service Ware” means food contact products used for serving, distributing, holding, packaging, and/or transporting Prepared Food including, but not limited to plates, cups, bowls, trays, clamshell containers, boxes, utensils, straws, lids, and food contact paper (e.g., wraps, bags, tray liners, etc.). The term "Food Service Ware" includes Food Service Ware Accessories and Standard Condiment in Disposable packaging..
(g)(f) “Food Service Ware Accessories” include different types of Food Service Ware such as straws, stirrers, Utensils, condiment cups and packets, cocktail sticks/picks, toothpicks, napkins, cup spill plugs, cup sleeves, and other similar accessory or accompanying Food Service Ware used as part of food or beverage service or packaging. Detachable lids for beverage cups and food containers are not considered a Food Service Ware Accessory.include Food Service Ware such as straws, stirrers, cup spill plugs, cup sleeves, condiment packets, utensils (including chopsticks), cocktail sticks/picks, toothpicks, napkins, and other similar accessory or accompanying Food Service Ware used as part of food or beverage service or packaging. Detachable lids for beverage cups and food containers are not considered a Food Service Ware Accessory.
(g) ““Perfluoroalkyl and Polyfluoroalkyl substances (PFAS)" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (h) “Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Restrictions” mean either of the following:Fluorinated Chemicals” means perfluoroalkyl and polyfluoroalkyl substances (PFAS chemicals) or fluorinated chemicals, which are a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

1. PFAS has not been intentionally added to a product or product component. (h)2.The presence of PFAS in a product or product component is below 100 parts per million, as measured in total organic fluorine. (i) “Food Facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food to the public for human consumption, as defined by the California Health and Safety Code Section 113789 or successor. It includes both permanent and temporary food facilities. Public schools are exempt from the provisions of this Chapter.
(j) “Food Scrap Composting Method” means (1) self-hauling of food scraps to a permitted composting facility or a transfer station that accepts food scraps that will be transferred to a permitted composting facility for on-site compost processing, (2) food scrap compost collection service provided by a curbside hauler, or (3) on-site food scrap composting.
(k) “Healthcare Facilities” mean places that provide healthcare to the public. Healthcare Facilities includes, but is not limited to hospitals, clinics, outpatient care centers, nursing homes, psychiatric care centers, medical offices, hospice homes, mental health and addiction treatment centers, orthopedic and other rehabilitation centers, urgent care, birth centers, etc.
(l) “Natural Fiber/Natural Fiber-based” means a plant or animal-based, non-synthetic fiber, including but not limited to products made from paper, sugarcane, bamboo, wheat stems/stalk, hay, wood, etc.
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0 (m) “Non-Compostable” means not meeting the definition of Compostable set forth in this Chapter.
(n) “Polystyrene-based” means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term "polystyrene" also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene [EPS]) and clear or solid polystyrene known as oriented polystyrene.
(o) “Prepackaged Food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer and prepared at an approved source.
(p) “Prepared Food” means food or beverages that undergo a cooking or food preparation technique on the Food Facility’s premises for consumption by the public. Cooking or food preparation technique includes, but is not limited to the following:

1. Cooking methods, utilizing the application of heat, such as steaming, microwaving, simmering, boiling, broiling, grilling, frying, or roasting.

2. Beverage preparation, such as blending, brewing, steeping, juicing, diluting, or pouring.

3. Food preparation techniques, such as defrosting, rinsing, washing, diluting, cutting, portioning, mixing, blending, assembling, coating, dipping, garnishing, decorating, or icing.

Prepared Food does not include raw eggs or raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance. (q)“Standard Condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, and includes different types such as ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, and sugar/sugar substitutes. (q)(r) “Takeout Food” means Prepared Food requiring no further preparation, whichthat is purchased to be consumed off a Prepared Food Facility’s premises. Takeout Food includes Prepared Food delivered by a Food Facility or by a third-party Takeout Food Delivery Service.
(s) “Takeout Food Delivery Service” is a service that delivers Takeout Food from a Foodfor online food ordering and delivery of Prepared Food from a Facility to a customer for consumption off the premises. This service can be provided directly by the Food Facility or by a third-party.
(r)(t) “Utensils: include different types of instruments used to assist the consumption of food, specifically, dorks, knives, spoons, sporks chopsticks, and tongs.

10.21.020 Distribution of Disposable Food Service Ware Accessories and Standard Condiment.
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0 (a) Except as provided in Subsections (b) and (c), Food Facilities, for on-premise dining and off-premise dining (e.g., Takeout Food Delivery Service, catering off-site, etc.), shall not provide any Disposable Food Service Ware Accessories or Standard Condiment in Disposable packaging to a consumer unless the specific type of Disposable Food Service Ware Accessory (including different types of Utensils) or specific type of Standard Condiment is requested by the consumer.
(a) No Food Facility shall provide any Disposable Food Service Ware Accessories except (1) upon request by the consumer, (2) upon acceptance by the consumer after being offered by the Food Facility, or (3) at a self-serve area and/or a dispenser. (b) Food Facilities may ask a drive-through consumer if the consumer wants a specific type of Disposable Food Service Ware Accessory (including different types of Utensils), if the item is necessary for the consumer to consume Prepared Food or to prevent spills of or safely transport Prepared Food.
(c) Food Facilities that are located entirely within a public use airport, as defined in Section

77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a specific type of Disposable Food Service Ware Accessory (including different types of Utensils), if the item is necessary for the consumer to consume Prepared Food or to prevent spills of or safely transport Prepared Food. (d) Disposable Food Service Ware Accessories and Standard Condiment in Disposable packaging provided by Food Facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of Disposable Food Service Ware Accessory (including different types of Utensils) or type of Standard Condiment desired without also having to take a different type of Disposable Food Service Ware Accessory or type of Standard Condiment. Food Facilities cannot distribute Disposable Utensils that are bundled or packaged together. Each type of Utensil (e.g., fork, spoon, knife, etc.) must be specifically requested by the consumer in order for a Food Facility to provide the item(s).
(e) Nothing in this Chapter shall prohibit a Food Facility from making unwrapped Disposable Food Service Ware Accessories available to a consumer using refillable self-service dispensers that dispense different types of Disposable Food Service Ware Accessories one item at a time to allow for Disposable Food Service Ware Accessories to be obtained.
(f) Nothing in this Chapter shall prohibit a Food Facility from making Standard Condiment available to a consumer using refillable self-service dispensers to allow for Standard Condiment to be obtained. Food Facilities that offer Standard Condiment are encouraged to use bulk dispensers for the condiments rather than condiments packaged for single-use.
(g) Takeout Food Delivery Services shall provide consumers with the option to proactively request the different types of available Disposable Food Service Ware Accessories (including different types of Utensils) and the different types of Standard Condiment from a Food Facility serving Prepared Food. The default option on the digital ordering/point- of-sale platforms of Takeout Food Delivery Services shall be that no Disposable Food Service Ware Accessories or Standard Condiment are requested. (h) Takeout Food Delivery Services shall provide Food Facilities the ability to tailor the digital ordering/point-of-sale platforms so that Food Facilities can customize and itemize the different types of available Disposable Food Service Ware Accessories (including 111 of 206
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(i) If a Food Facility uses any Takeout Food Delivery Service, the Food Facility shall customize its menu with an itemized list and/or provide options of the different types of available Disposable Food Service Ware Accessories (including different types of Utensils) and the different types of available Standard Condiments for consumers to proactively select. Only those specific types of Disposable Food Service Ware Accessories (including different types of Utensils) or specific types of Standard Condiment proactively requested by the consumer shall be provided by the Food Facility. If a consumer does not request any Disposable Food Service Ware Accessories or Standard Condiment, no Disposable Food Service Ware Accessories or Standard Condiment shall be provided by the Food Facility for delivery of Prepared Food.

Pursuant to Subsection (d), each type of Utensil (e.g., fork, spoon, knife, etc.) offered by the Food Facility shall also be listed individually, unbundled on the menu and provided by the Food Facility for delivery along with the Prepared Food only if requested by the consumer.
(b) Food Facilities shall only distribute Disposable Food Service Ware Accessories unbundled, as separate individual units.
(c) Takeout Food Delivery Services that utilize digital ordering/point of sale platforms , including but not limited to the internet and smart-phone, shall only offer Disposable Food Service Ware Accessories by providing clear options for customers to affirmatively request these items separate from orders for food and beverages. The default option on the digital ordering/point of sale platforms shall be that no Disposable Food Service Ware Accessories are requested. Each individual Disposable Food Service Ware Accessory (e.g., each fork, knife, condiment packet, napkin, etc.) provided with Prepared Food must be specifically requested by the customer in order for a Food Facility to provide it.

10.21.030 Standards and Required Use of Disposable Food Service Ware. (a) No Food Facility shall use Polystyrene-based Disposable Food Service Ware when providing Prepared Food.
(b) Food Facilities and City Facilities shall only provide Disposable straws, stirrers, utensils, and cocktail/toothpicks (and the packaging that these individual items are wrapped in, if any) that are Compostable.
(c) Nothing in this Chapter shall conflict or be construed to conflict with the Americans with Disabilities Act or any other applicable law concerning the rights of individuals with disabilities. In particular, nothing in this Chapter shall restrict, or be construed to restrict, the provision by Food Facilities of Disposable Non-Compostable straws to individuals who may request the use of Disposable Non-Compostable straws to accommodate medical needs or disabilities. Healthcare Facilities may distribute Disposable Non- Compostable straws with or without request by a patient at the discretion of the Healthcare Facility staff based on the physical or medical needs of the patient. (d) Food Facilities and City Facilities shall use Compostable items for the below Disposable Food Service Ware when providing Prepared Food:

1. Plates
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0 2. Bowls (of all sizes including, but not limited to soup and salad bowls and accessory bowls for condiments)

3. Cups (of all sizes including, but not limited to beverage cupsand accessory cups for Standard Condiments)

4. Food trays and food boats

4.5. Boxes

5.6. Clamshells, boxes, deli containers, and other containers used for the sale and/or distribution of Prepared Food (e.g., Takeout Food, leftover “doggie containers”, etc.) Hinged or lidded containers (e.g., clamshells), deli containers, and other containers used for the sale and/or distribution of Prepared Food (e) Compostable Commencing on the effective date of this Chapter up until December 31, 2022, for the Compostable Disposable Food Service Ware listed in Subsection (d), Food Facilities shall use items that meet Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Restrictions. To verify the PFAS Restrictions, Food Facilities shall use items that are certified/approved by independent third parties approved by the County Manager or designee, in collaboration with local waste processors and haulers, as needed. items for the Disposable Food Service Ware listed in Subsection (d) used by Food Facilities and City Facilities must have been tested to breakdown into compost in an industrial composting facility in a timely manner and shall be free of all intentionally added Fluorinated Chemicals. To verify, these items shall be certified by Biodegradable Products Institute (BPI) or another independent third party approved by the City Manager or designee, in collaboration with local waste processors and haulers. (f) For all other Disposable Food Service Ware not listed in Subsections (b) and (d), Food Facilities shall use only Disposable Food Service Ware that can be composted by the Food Scrap Composting method utilized by the Food Facility and/or accepted for recycling by the Food Facility’s recycling collection service, unless a feasible alternative does not exist. .
(g) The City and County shall maintain a list of approved Disposable Food Service Ware sources and/or references to organizations resources that maintain regularly updated lists of products that meet the requirements detailed in Subsections (a), (b), (d), and (e) of this Section. This information shall be made available public on the City’s and County of San Mateo’sthe Office of Sustainability websites and at the City’s Manager’s Office or another designated location. If a product is not included on the approved lists, the Food Facility wishing to use a product as Disposable Food Service Ware shall establish to the City Manager or designee’s satisfaction that the product complies with the requirements detailed in Subsections (a), (b), (d), and (e).

10.21.040 Recordkeeping and Inspection.
(a) Food Facilities shall keep complete and accurate record or documents of the below items. acceptable Disposable Food Service Ware evidencing compliance with this Chapter for a minimum period of three years from the date of purchase.

1. Commencing on the effective date of this Ordinance and ending on October 1, 2022, the purchase of all Disposable Food Service Ware, including Non- Compostable and Compostable items.
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0 2. The purchase of the acceptable Disposable Food Service Ware evidencing compliance with this Chapter for a minimum period of three years from the date of purchase.
(b)(a) The record shall be made available for inspection at no cost to the County during regular business hours by County employee or County-designated staff authorized to enforce this Chapter. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Facility address.
(c)(b) The provision of false or incomplete information, records, or documents to the County shall be a violation of this Chapter.

10.21.050 Automatic Exemptions.
(a) Prepackaged Food is exempt from the provisions of this Chapter. (b) Polystyrene coolers and ice chests intended for reuse are exempt from the provisions of this Chapter.
(c) Disposable Food Service Ware that is entirely Aluminum Foil-based or recycled glass is exempt from the provisions of this Chapter.
(d) If the City or County determines that a reasonably feasible Disposable Food Service Ware that complies with Section 4.107.040 (a), (b), (d), and (e) of this Chapter does not exist, these items will be exempt from the abovementioned provisions of this Chapter until the City or County determines that a reasonably feasible alternative is available on the market for purchase. The City and County will have a current list of these temporarily exempted Disposable Food Service Ware posted on their websites with hard copies available in the City Manager’s office or another designated locationmade public by the County.
(e) Certain Disposable Food Service Ware Accessories for beverage orders, specifically, straws and cup sleeves, shall be exempt from Section 4.107.030 (a) and may be distributed for safety reasons without the need for a request by the consumer or an offer by the Food Facility, specifically at drive-through areas of Food Facilities. Detachable lids are not considered a Disposable Food Service Ware Accessory, so Section

4.107.030 (a) does not apply to detachable lids.
(f)(e) Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.

10.21.060 Case-by-Case Consideration of Requests for Hardship Exemption. (a)Grounds for an exemption.

An exemption from any of the provisions of this Chapter and the County’s Chapter may be granted by the County Manager, City Manager or designee upon demonstration by a 114 of 206
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0 Food Facility to the satisfaction that strict application of the requirements would cause undue hardship. An “undue hardship” includes, but is not limited to the following:

1. A situation unique to the Food Facility where a suitable alternative that conforms with the requirements detailed in Section 4.107.040 (a), (b), (d), and (e) does not exist for a specific application.

2. Imposing the provisions of this Chapter would cause significant economic hardship. “Significant economic hardship” may be based on, but not limited to, demonstrating that suitable Disposable Food Service Ware is not available at a commercially reasonable price and the additional cost associated with providing the Disposable Food Service Ware is particularly burdensome to the Food Facility based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Facility, and other factors. Reasonable added cost for a suitable item as compared to a similar item that the Food Facility can no longer use shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the City Manager or designee shall may consider the following information: ability of the Food Facility to recover the additional expense by increasing its prices; the availability of tax credits and deductions; outside funding; and other options.
(b)Request for an exemption. A request for an exemption from the requirements of this Chapter shall include all information deemed necessary by the City to render a decision, including but not limited to documentation showing the factual support for the requested exemption. A request for an exemption may be approved by the City Manager or designee, in whole or in part, with or without conditions. The duration of the exemption, if granted, shall also be determined by the City Manager or designee. Information about the application process for requesting an exemption will be made available to the public by the County. on the City and County’s website and in the City’s Manager’s office or another designated location.

10.21.070 Enforcement.
(a)The City Manager or designee, including County officials may enforce this Chapter.

Such authorization includes, without limitation, the authority to hold hearings, issue citations, or assess administrative fines on behalf of the City. (b)Violation of this Chapter is a public nuisance subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures contained in this ordinance code and state law including, but not limited to, an action for abatement or injunctive relief.
(c)Compliance plan

1. If requested by the County Manager or designee, a Food Facility that is in violation of any of the provisions detailed in this Chapter shall create and submit to the County Manager or designee a compliance plan, which will include information on corrective action(s) that the Food Facility shall undertake to come into compliance. Other requested information may include, and are not limited to 115 of 206
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0 proposed timeline for corrective action(s), and identification of individuals responsible for ensuring compliance.

2. The Food Facility shall create and submit its completed compliance plan within fourteen calendar days (14) from the time of request by the County Manager or designee.
(c)(d)Notwithstanding authorization of enforcement by County of San Mateo personnel in this Chapter, the violation of, or noncompliance with, any of the requirements of this Chapter or applicable provisions of this code, shall be subject to any administrative, civil, or criminal enforcement remedies available under the law and/or the City’s municipal code. In addition, the City may enforce the violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by the law.

This Section shall not be interpreted to limit any otherwise available civil or administrative remedies under law.

SECTION 3. California Environmental Quality Act (CEQA) Finding. This ordinance is not a “project” pursuant to Section 21065 of the Public Resource Code because it does not change the existing regulatory scheme.

SECTION 4. Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

SECTION 5. Effective Date. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published in a newspaper of general circulation at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933.This Ordinance shall be effective thirty (30) days after adoption. However, the mandatory provisions of this Ordinance, shall only become operative and subject to enforcement on October 1, 2022.

INTRODUCED on the ______ day of _______________, 2022, and PASSED AND ADOPTED by the City Council of the City of San Bruno on this ______ day of _______________, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________
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0 Rico E. Medina
Mayor of the City of San Bruno
ATTEST:
_____________________________________
Melissa Thurman, MMC
City Clerk
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 12, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Matthew Lee, Public Works Director
SUBJECT: Receive Report on 15 MPH Speed Limit Signs on School Zones BACKGROUND: At the City Council meeting on October 26, 2021, citing local safety concerns near schools and neighboring cities that have either reduced speed limits near K-12 schools or committed to study doing so, the City Council requested that staff investigate the City’s ability to reduce speed limits near San Bruno schools and the San Bruno Senior Center. The discussion and direction was prompted by an agendized Councilmember Comment from Mayor Rico Medina titled “Speed limits near schools and the San Bruno Senior Center.” During the discussion, information was requested on the Police Department’s ability and the cost to enforce the reduced speed limits. In addition to assumption that reduced posted speed limits will increase safety around school sites, Councilmembers citied a newly adopted state law (AB 43) and alignment to actions (or potential actions) by neighboring cities as the rationale for examining reduced speeds near school sites in San Bruno.

In addition to the above direction to examine reducing speeds to 15 mph, in FY 2020-2021, the City Council authorized work on a Safe Routes to School Plan and the City was awarded $248,929 from a Caltrans Sustainable Transportation Planning Grant to develop a Safe Routes to School Plan. The Plan will identify infrastructure improvements and propose program activities such as education and enforcement needed to improve safety conditions for children who walk and bicycle to schools. The Plan will be framed on the six Es of Safe Routes to School programs (Evaluation, Engineering, Education, Encouragement, Enforcement, and Equity), and the content will be based on input from school and community-based groups such as parent- teacher organizations, citizen advisory committees, three open community meetings, online parent and student surveys, in-depth analysis of collision data, and comprehensive walking audits at each school. Participating schools include Belle Air Elementary, Decima Allen Elementary, Rollingwood Elementary, John Muir Elementary, Portola Elementary, Parkside Intermediate, Capuchino High, St. Robert Catholic Elementary, and Palos Verdes and El Portal Schools. Members of the community are welcome to provide feedback for non-participating schools during the public engagement process. The Plan will include school specific summaries that describe existing conditions, proposed recommendations, and a list of prioritized projects per school and district-wide. Plan adoption by City Council is anticipated for Winter 2022-2023.

The California Vehicle Code (CVC) is the section of the California Codes which contains almost all statutes relating to the operation, ownership, and registration of vehicles including bicycles in the state of California.
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6 CVC identifies a prima facie speed limit of 25 mph on local streets and streets contiguous to schools when approaching or passing school grounds (up to 500’ of the school grounds before 2008), without the need for Engineering & Traffic Survey (E&TS). On streets with posted speed limits of 30 mph or higher, the 25 mph prima facie speed limit in school zones is only in effect when children are present, which is generally when children are going to, or leaving the school during morning, lunch period or afternoon. For schools that are located on local streets, the 25 mph prima facie speed limit in school zones is in effect all the times.

California Assembly Bill 321 (approved October 10, 2007), an act to amend CVC Section 22358.4, became effective in January 2008 allowing local agencies to extend the 25 mph prima facie speed limit up to 1,000 feet from the school grounds or to establish a 15 mph speed limit in school zones (up to 500’ from the school grounds) under certain conditions.

Specifically, the reduced or extended school zone speed limit is only applicable on streets in a residential district that have a maximum of two traffic lanes and a maximum posted speed limit of 30 mph. Such reduced or extended speed limits must be established for both directions of traffic and the reduced or extended school zone speed limit would only be in effect when children are present.

In addition to the above, CVC Section 22358.4 as well as the CA MUTCD also require (1) documenting all provisions of CVC section 627 (traffic collisions, unusual traffic conditions, residential density, pedestrian/bicycle safety) that support the need to lower or extend the school zone speed limit, in an engineering study and (2) a Council resolution or ordinance establishing reduced or extended school zone speed limits. While the 85th percentile speed forms the basis of determining radar enforceable speed limits, the 85th percentile speed is not required to be the basis for the reduced 15 mph or extended 25 mph school zone.

Recently, AB 43 was approved by Governor on October 8, 2021. Among other things, AB 43 authorizes local agencies to reduce speed in Residential and Business Districts to 20 or 15 mph based on an E&TS. Most of the AB 43 provisions will not be effective until Caltrans and the California Judicial Council have developed and formalized procedures related to the new provisions. Staff estimates these provisions may not be effective until 2023 or 2024 because of the time required for Caltrans and others to update their rules and regulations.

California Assembly Bill 321 does not apply to senior centers, however under AB 43 the speed limit can be reduced to 15 or 20 mph at any residential streets or business districts based on Engineering and Traffic Survey. Without further study, it is not possible to state if AB 43 can be used to reduce the speed limit near the San Bruno Senior Center to 15 or 20 mph, as it is unclear if the area would qualify as a residential or business district under AB

43. DISCUSSION: There are a total of 15 private and public schools in the City of San Bruno. A preliminary review of school locations indicates that all of the schools are located at qualifying locations meeting CVC criteria. Reducing school zone speed limits below 25 mph is not allowed by law on roads that exceed two travel lanes, or posted speed limit of higher than 30 mph or are not located within residential districts. In order to post 15 mph reduced or 25 mph extended school zone speed limit signs, the following major steps will be essential.
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6 1. Conduct an engineering study for each location. A cursory look indicates that most locations may qualify for posting 15 mph speed limits within school zones.

2. Council action and passage of resolution for implementation

3. Installation of signs
California MUTCD Figure 7B—103(CA) shows the typical school zone signs required to be posted at each school site (Attachment 1). A minimum of 6 (six) signs are required per school site or more depending on cross streets within the school zone and/or contiguous streets to the school grounds.

If the City decides to implement the reduced speed limit around schools, there will be fiscal impacts. It will require the City to budget a capital improvement project for about $300,000 to cover the cost of performing engineering study, preparing plans and bid documents, advertising the project for construction and the cost of construction and contract administration.

In addition, the City desires to actively enforce the reduced speed limits there will need to be additional annual costs incurred by the City for traffic enforcement. The Police Department’s Traffic Section is currently staffed with one Traffic Sergeant and one Traffic Officer. The Traffic Sergeant’s duties require them to remain primarily in the office as their duties include reviewing and approving traffic collision reports, reviewing parking citation appeals, conducting vehicle impound hearings and managing the Department’s Office of Traffic Safety grants. The Traffic Officer is assigned to respond to traffic collisions, investigate major traffic collisions and conduct traffic enforcement including speed enforcement. If the Traffic Officer were to be diverted from all their other duties to ensure that they are proactively enforcing the reduced speed limits around schools; the Traffic Officer would only be able to be at each school site, once each month. In addition, while the Traffic Officer is dedicated to a school each day; their normal workload will have to be handled by other Officers. The Police Department projects that the City will need to hire additional Traffic Officers depending on the level of proactive speed enforcement that is desired at the school sites. A Traffic Officer is estimated to cost $191,900 annually (at Step 5). For each Traffic Officer, a police motorcycle will need to be purchased at an approximate cost of $73,100.

An additional Traffic Officer would allow for speed enforcement at each school site once each month and allow the current Traffic Officer to maintain their current workload. Two new Traffic Officers would allow for speed enforcement at each school site twice each month.

The new state law (AB 43) requires that certain violations be subject to a warning citation for the first 30 days of implementation. In addition, the Police Department will have to conduct further research to determine the enforceability of these reduced speed limits in comparison to existing authorized speed limits. The Department may have to have consultations with other agencies and the Traffic Court. It is suggested that we wait to implement AB 43 (reducing speed on residential and business districts to 20 or 15 mph) until June 2024 as recommended in the AB 43 text).

It is noteworthy to mention that speeding issues are complex and street design and geometry of the road, street landscaping, number of lanes, lane width, etc., play a role. 120 of 206
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6 Installing signs and enforcement while may reduce speeding in some instances, it is not a complete solution. Also, City has a traffic calming program where residents can submit a petition for their street to be considered for traffic calming measures to be installed if the speeding on the residential streets meet the speeding thresholds as defined in the City’s Traffic Calming Process.

FISCAL IMPACT: There is no fiscal impact to the City’s budget from providing this report.

However, as noted above, should the City Council wish to proceed with a project to lower speed limits at 15 private and public schools to 15 mph, staff estimates one-time project costs of $300,000. Additionally, depending on the desired level of enforcement, one or two Traffic Officers may be needed at an estimated annual cost of $191,000 per Traffic Officer and a one- time capital cost of $73,100 per police motorcycle.

ENVIRONMENTAL IMPACT: Receiving a report is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required. Should a project be approved to reduce speed limits around schools, the project is categorically exempt under CEQA Guidelines Section 15301(c) – Existing Facilities.

RECOMMENDATION: Receive information on reducing speed limits to 15 mph near schools and discuss next steps with guidance to staff of the following options:

1. Direct staff to immediately identify funds to implement 15 MPH school zones when the regulation allows and includes funds for enforcement by the San Bruno Police Department (SBPD) in the City Manager’s Proposed Budget for next fiscal year.

2. Request that staff bring this item back to the City Council for prioritization and identification of funding sources at an upcoming City Council budget study session for next fiscal year.

3. Take information into consideration and discuss next steps after the City Council receives the Safe Routes to School (SRTS) Plan in the Winter of 2022- 2023.

4. Request that the Traffic, Safety and Parking Committee (TSPC) look into this matter along with the Safe Routes to School (SRTS) Plan and provide a recommendation to the City Council.

ALTERNATIVES: Alternatives are identified above, under the Recommendation section.

ATTACHMENTS:

1. CA-MUTCD Figure 7B—103(CA)
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California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Chapter 7B – Signs November 7, 2014
Part 7 – Traffic Control for School Areas

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 12, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Jennifer Dianos, Assistant to the City Manager SUBJECT: Appointment of Two City Councilmembers to an Ad Hoc Subcommittee for Public Opinion Poll Research Related to Potential November 2022 City-sponsored Ballot Measures
BACKGROUND: As directed by the City Council, staff is working to prepare analysis and ballot language for several potential City-sponsored ballot measures for the November 2022 general election. As a part of the ballot analysis effort, the City intends to conduct a poll of likely voters in the November 2022 election to gage interest and sentiments of several ballot measures and alternatives. The City has retained Godbe Research to conduct the poll. Godbe Research has 17+ years of experience conducting public opinion surveys for public and private agencies. The firm has conducted likely voter polls for the City of San Bruno in the past, most recently in 2020 for City measures on the November 2020 general election poll.

DISCUSSION: Prior to City Council consideration of a ballot measure(s) to be placed on the November 2022 general election, the City will work with polling experts to gage the interest and sentiment of San Bruno voters. To develop the poll, Godbe Research will review demographics and other information in order to design and refine a survey instrument which addresses the research objectives of the City. The City Council can choose to appoint two City Councilmembers to an ad-hoc subcommittee, which would also include staff, to help develop the survey instrument. This would include the development of the questions posed to the recipients of the survey / poll. Godbe Research would lead the process and conduct the survey and analysis.

The estimated time frame to conduct the public opinion poll is May, in order to receive and analyze the results prior to staff presenting proposed ballot measures for City Council consideration. That would require the subcommittee to meet during the month of April and May 2022.

Alternatively, should the Council choose to not appoint a subcommittee, staff would work directly with Godbe Research to develop the survey material.

FISCAL IMPACT: There is no budgetary impact associated with the establishment of a City Council Ad Hoc Subcommittee for public opinion poll research.

ENVIRONMENTAL IMPACT: There is no environmental impact. 123 of 206
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RECOMMENDATION: Appointment of Two City Councilmembers to an Ad Hoc Subcommittee for Public Opinion Poll Research Related to Potential November 2022 City-sponsored Ballot Measures
ALTERNATIVES: Do not appoint a subcommittee and request that staff work directly with the public opinion research firm.

ATTACHMENTS: None
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO

DATE: April 12, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Qianyu Sun, Finance Director

SUBJECT:Hold Public Hearing and Adopt Resolution Adjusting the Master Fee Schedule to be effective on July 1, 2022
BACKGROUND:

The City contracted with Willdan Financial Services and completed a citywide user fee update in the spring of 2021. After several rounds of discussions, the City Council approved the fully burdened hourly staff rates, user fees and the User Fee Cost Recovery Policy on June 22, 2021.

The User Fee Cost Recovery Policy establishes cost recovery levels from low to full on the basis of a number of factors and states that “in order to lessen the impact of significant increases to existing fees, fees proposed to increase between 50-100% will be increased over two years. Fees proposed to increase by more than 100% will be increased over four years.”
The Council Resolution on June 22, 2021 stipulates that new user fees “shall increase on July 1st of every year based upon the percentage increase for the twelve-month period of the previous calendar year of the Consumer Prices Index for all Urban Consumers for the San Francisco Area, as published by the United States Department of Labor, Bureau of Labor Statistics.”
DISCUSSION:

Per United Stated Department of Labor, Bureau of Labor Statistics, the CPI increased by

4.2% for all urban consumers in the San Francisco metropolitan area. Staff applied the CPI increase to applicable user fees. Other user fees are adjusted in accordance with the direction of the User Fee Cost Recovery Policy.

In addition to user fees, the Master Fee Schedule contains other fees that were not covered by the Willdan study and those fees are adjusted to their own requirements. For instance, Development Impact Fees, Affordable Housing Impact Fees and Parking in-lieu Fees are to be adjusted to the California Construction Cost Index, which increased by 125 of 206
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almost 17% from February 2020 to February 2021. The three types of fees are paid by developers for residential and non-residential development projects.

Proposed CED Fee Changes
While implementing Willdan’s user fee studies in FY 2021-22, Community and Economic Development (CED) staff recognized certain services rendered that were not included as part of the master fee study. Staff also recognized fees that did not meet the cost recovery standards based on the time spent on projects. Staff completed fee study and justification as included in Attachment 2. Consistent with City Council policy to maximize cost recovery for development related services, Staff recommends changes or addition to planning and building fees for:
Stop Work Notice
Code Compliance Investigation
Temporary Certificate Occupancy Review
Request for New/ Change in Address
Mitigated Negative Declaration
SB330 Preliminary Review
Condo Use Permit
Expanded Categorical Exemption
Variance – Residential (Multi-Family) and All Non-Residential Temporary Certificate Occupancy Deposit
Technology Cost
Administrative Fee for Plan Check (Plan Reviews) for 4th & subsequent submittal Newspaper Rack Permit
General Plan Maintenance
Work without a Permit- Investigation Fee
CED reviewed the fee schedules and made recommendations for updated fee amounts based on the time spent on the service and comparison of similarly structured neighboring Cities. Staff believes that adjusting fees to recover the direct costs involved is a responsible step in updating the City’s Master Fee Schedule. The more direct costs recovered, the less the General Fund has to subsidize each fee service. Attachment 2 includes fee description, current fee, proposed fee, and justification for change.

Proposed Public Works Fee Changes
The Willdan User Fee Study established the Public Works Building Permit Plan review fee at 12% of the associated Building Permit fee. This established fee, as shown in Chapter 8 Section X.B, has not provided adequate funds for cost recovery. Staff is proposing to set a minimum flat fee of $171.00 which is equal to one hour of Public Works Plan Review per Chapter 8 Section IX.B. The minimum flat fee will not be sufficient for full cost recovery, which is closer to 2.5 hours for the first review. 126 of 206
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The City’s ordinances and resolutions authorize adjustments to the fees as approved by the City Council by resolution, and shall take effect no earlier than sixty days following such approval. With the Council approval, staff recommends the updated Master Fee Schedule and proposed fee changes become effective July 1, 2022.

FISCAL IMPACT:

An accurate and complete forecast for the change in fee revenue in upcoming fiscal years is difficult. The updated Master Fee Schedule and proposed fee changes will bring the City one step closer to cover recovery.

With the Master Fee Schedule and fee changes approved by the City Council, staff can estimate the increase in fee revenue in the FY 2022-23 Proposed Budget, which will be submitted to the City Council in May 2022. These increases will reduce the burden on other General Fund revenue sources to support other critical projects and services.

Staff will track fee revenue during the quarterly City Council updates.

ALTERNATIVES:

1. Request additional information to be provided prior to returning with user fees for City Council consideration and approval.

2. Do not proceed with the recommendations related to the City’s Master Fee Schedule.

RECOMMENDATION:

Adopt a resolution adjusting the Master Fee Schedule to be effective on July 1, 2022.

DISTRIBUTION:

None
ATTACHMENTS:

1. Resolution

2. Community & Economic Development Department Proposed Fee Changes

3. Updated Master Fee Schedule effective July 1, 2022
DATE PREPARED:

March 25, 2022
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RESOLUTION NO. 2022 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

BRUNO ADJUSTING THE MASTER FEE SCHEDULE
WHEREAS, the City Council adopted resolutions updating the master fee schedule and adopting the user fee cost recovery policy on June 22, 2021; WHEREAS, the above-referenced City resolutions require annual adjustments to the fees following a set schedule or reflecting changes in inflation on July 1 of every year; WHEREAS, the Consumer Price Index for all urban consumers in the San Francisco metropolitan area increased by 4.2% and the California Construction Cost Index increased by 17%;
WHEREAS, staff recommends adjusting the Master Fee Schedule in accordance with the requirements of each fee; and
WHEREAS, while implementing Willdan’s user fee study in FY 2021-22, Community and Economic Development (CED) and Public Works staff recognized certain services rendered that were not included as part of the user fee study. Staff also recognized fees that did not meet the cost recovery standards based on the time spent on projects.

WHEREAS, consistent with City Council policy to maximize cost recovery for development related services, staff completed fee study and recommends changes or addition to planning and building fees for:
Stop Work Notice
Code Compliance Investigation
Temporary Certificate Occupancy Review
Request for New/ Change in Address
Mitigated Negative Declaration
SB330 Preliminary Review
Condo Use Permit
Expanded Categorical Exemption
Variance – Residential (Multi-Family) and All Non-Residential Temporary Certificate Occupancy Deposit
Technology Cost
Administrative Fee for Plan Check (Plan Reviews) for 4th & subsequent submittal Newspaper Rack Permit
General Plan Maintenance
Work without a Permit- Investigation Fee
Minimum Public Works Building Permit Plan Review Fee
WHEREAS, updated Master Fee Schedule and proposed fee changes will become effective July 1, 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the Master Fee Schedule and user fee changes as proposed.

Dated: April 12, 2022
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-o0o-
I, Melissa Thurman, City Clerk, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Bruno this 25th day of May 2021 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

ATTEST:

Melissa Thurman, MMC
City Clerk
129 of 206
Description Current Rate Proposed Rate Justification
Stop Work Notice N/A- New Fee

0.5 FBHR increments (1
hour minimum)
Stop work notice generally operates in response to citizen complaints of alleged code violations or from referrals from other departments or inspector. At times, the stop work notices are initiated by Department staff such as for unpermitted construction underway, or situations of life-safety hazards or severe nuisance activities. The staff time may be associated with permits resulting from "Stop Work" and code compliance cases. These actions may be followed by additional legal sanctions, such as recordation, fines, or penalties. The overall objective of the code enforcement process is to motivate the property owner to discontinue the illegal use or activity and/or to obtain the required permits.

Code Compliance Investigation
N/A- New Fee

0.5 FBHR increments
Staff is recommending FBHR based on the staff time consumed by bringing the development in compliance. Cases are investigated and, if appropriate, administrative citations, warning and/or violation notices are issued.

Temporary Certificate Occupancy Review
N/A- New Fee

0.5 FBHR increments (1
hour minimum)
Staff is recommending FBHR fee based on the staff time spent to review and provide a temporary certificate of occupancy. Building Staff is authorized to issue a Temporary Certificate of Occupancy prior to completion of all work described in your permit, provided such portion (s) of the project are deemed safe to occupy.Staff will review the work plan that lists the work that needs to be completed on the project and the expected completion dates. Each additional hour of review, if any, will be assessed and required to be paid in full upon completion of the application process.

Request for New/ Change in Address
N/A- New Fee
1 hr minimum FBHR at 0.5
hour increments
Staff recommends to introduce a new fee for request for new or change in address. When a new building or unit is proposed, a request for new address application should be made to the Building Division so that the new address(es) can be established. The address must be approved by the Building Official and must correspond with existing addressing. The service would be charged based on the Staff's time to ensure 100% recovery of the City’s fully burdened cost.

Mitigated Negative Declaration 10,000.00$
Actual Cost - Deposit
Required
Staff recommends to replace with the $10,000 fee with the actual cost/ deposit. These projects require a deposit after a proposal is recieved from the environmental consultant, and an MND is upward of $50,000. If the $10,000 fee is kept, applicants would believe it is the total cost of the project.

SB330 Preliminary Review N/A- New Fee Actual Cost - Deposit Required
SB 330 allows eligible housing development projects to submit a preliminary application, a questionnaire and checklist of required materials which, when deemed submitted shall have the effect of vesting the development requirements and standards in place at the time of determination.

Condo Use Permit
3,220.00$
Actual Cost - Deposit
Required
Staff recommends to replace with the $3,220 fee with the actual cost/ deposit. These projects require a thorough review by the Planning & Building team and should be 100% cost recoverable based on the staff time spent, which could be more or less than the current fee.

Community & Economic Development Department Proposed Fee Changes Fees based on Staff/Consultant Time
Attachment 2
 
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Expanded Categorical Exemption N/A- New Fee Actual Cost - Deposit Required
Staff recommends to introduce a new environmental fee of Expanded Categorical Exemption. For new development projects that are consistent with the Transit Corridor’s plan, there are several CEQA exemptions that can be used for the projects. One is an exemption for consistency with an existing specific plan. To prepare these, it requires the environmental consultant to still do an analysis of the project, do special studies and to prepare an initial study documenting the consistency with the current plan. The cost is typically lower than other CEQA documents, however it varies with projects. Staff recommends the fee calculation be based on actual staff/consultant time and cost.

Variance – Residential (Multi-Family) and
All Non-Residential 5,000.00$ Actual Cost - Deposit Required
Staff recommends to replace with the $5,000 fee with the actual cost/ deposit. These projects require a thorough review by the Planning & Building team and should be 100% cost recoverable based on the staff time spent, which could be more or less than the current fee.

Temporary Certificate Occupancy Deposit
N/A- New Fee 50% of the Remaining
Construction Value of
Project
Staff recommends an adoption of TCO Deposit based on the 50% of the remaning construction value of the project. The occupancy of a building or portion of a building may be permitted before the certificate of occupancy is issued provided a temporary occupancy permit is obtained from the Building Official.

Technology Cost
5% of the building,
mechanical,
electrical and
plumbing permit
5% of the building,
mechanical, electrical, fire
and plumbing permit
Staff recommends an addition of 5% of fire permit fee to be included in the technology cost. The additional of fire permit addresses upgrades to permitting systems and hardware. This surcharge will be prorated to building, planning, engineering, and fire fees.

Administrative Fee for Plan Check (Plan
Reviews) for 4th & subsequent submittal
N/A- New Fee
$223.50
Staff recomments an addition of Adiministrative Fee for Plan Review past 3rd submittal. The objective of the fee is to encourage applicants to thoroughly complete revisions within the first three plan reviews. Fourth and subsequent plan review services delays work on other developer projects.

Newspaper Rack Permit N/A- New Fee $87.50
Staff recommends to add Newspaper Rack Permit cost based on fully burdened hourly rate required to complete the process. Staff would meet with applicant about permit process and coordinate application submittal. Staff would also review proposed location, coordinate internally, and process permit and issue permit and coordinate posting and placement with applicant. The approximate time to complete the application process would be 30 minutes. The proposed fee is based on 30 minutes of staff time to complete the review process. The permitting of newspaper rack is aimed to reduce the amount of sidewalk clutter associated with free standing news racks.

Fixed pedestal news racks promote the safety and welfare and the aesthetic qualities of the City by controlling the placement, size, construction and appearance of news rack.

Fees based on Services, Resources, and Staff Time
 
131 of 206

General Plan Maintenance $ - 0.4% of Building Valuation The FY 21-22 adopted fee for the General Plan Maintenance was 9% of the building permit fee for new construction. The current proposed FY 22-23 General Plan Maintenance fee is 0%, which does not cover the cost of developing the General Plan Amendment. The General Plan Maintenance Fee was intended to directly reduce financial support needed from the City's General Fund for Long Range Planning efforts. Original projections underestimated actual costs of creating the General Plan Amendment. Several other jurisdictions collect a development-related fee to help fund the maintenance of their General Plan. This fee mechanism was put in place by the State Legislature in 2002 (Government Code 66014(b)). The fee will eliminate sole dependence on the City's General Fund for future updates of the City's General Plan and community plans. This fee will cover the staff needed to implement and prioritize the General Plan Amendment, including rezoning key sites and updating community plans. Staff reviewed fees adopted by other neighboring Cities and recomments the fee structure to be 0.4% of the building valuation. Daly City charges 0.5% of Building Valuation, South San Francisco charges0 .16% of Building Valuation, Belmont charges

0.75% of Building Valuation.

Work without a Permit- Investigation Fee N/A Up to 10 X Permit Fee Staff recommends an additional of a penalty for work without a permit. An investifation fee, in addition to the permit fee, shall be collected as a civil penalty, whether or not a permit is then or subsequently issued. The investigation fee shall be up to 10 times the building permit fee. The investigation fee shall be determined by the Building Official and shall be based on the staff time reasonably required to resolve all of the issues relegate to the work that has performed without a permit. No construction work shall be issued until the investigation fee has been paid in full. For reference, similar penalty adopted by Fire in Muni Code section 11.24.030 amended code section 106.1.2
Penalty
 
132 of 206

CITY OF SAN BRUNO
FY2022-23 MASTER FEE SCHEDULE
133 of 206
Page Left Blank Intentionally
134 of 206
City of San Bruno City Council
Rico E. Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton
Marty Medina
Michael Salazar
City Manager
Jovan D. Grogan
135 of 206
I. Francise Fee 1
II. Multi-Camera Field Production 1
I. Agendas, Transcripts and Permits 2
I. Building Permit Fees 3
II. Electric Permit and Related Fees 4
III. Mechanical Permit and Related Fees 6
IV. Plumbing Permit and Related Fees 7
V. Other Inspections and Fees 8
VI. Miscellaneous Fees and Provisions Related to Building, Electrical, Mechanical and Plumbing Regulations 9 VII. Independent Inspections 10
VIII. Application Fees 11
IX. Modification Fees 14
X. Appeal Fees 14
XI. Environmnetal Determination 15
XII. Other Review Fees 15
XIII. Affordable Housing Fee 15
XIV. Development Impact Fees 16
XV. Parking in-Lieu Fee 17
I. Delinquencies 18
II. Business Tax Services 18
III. Permits 18
I. Fees Related to Plan Checks, Pre-Inspections, Inspections, Re-Inspections and Fire Code Permits 19 II. General Business Inspection 19
III. Multiple Dwelling Units Annual Fire Inspection (3 or more units) 20 IV. Licensed Care Facilities 20
V. General Fire & Life Safety Services 20
VI. Fire Alarms/Fire Protection Systems 21
VII. Fire Sprinkler Systems 21
VIII. Miscellaneous 22
IX. General Permit 23
I. Charges for Lost Material and Damaged Material and Missing Parts 25 II. Other Charges 25
I. Alarms and Fingerprinting 26
II. Permits 26
III. Vehicle Services 27
IV. Animal Control 27
V. Residential Permit Parking 28
VI. Miscellaneous 28
VII. Massage Establishment 29
VIII. Administrative Fines 30
Chapter 6: Library
Table of Contents
Chapter 1: CityNet Services
Chapter 2: City Clerk
Chapter 3: Community & Economic Development
Chapter 4: Finance
Chapter 5: Fire
Chapter 7: Police
136 of 206
I. Encroachment Permit 31
II. Parking Space Restriction 32
III. Grading Permits 33
IIV. Oversize /Overweight Vehicle Permit 33
V. NPDES Fees 33
VI. Wastewater Discharge Permit 33
VII. Agreements 34
VIII, Small Wireless Facility 34
IX. Public Works Hourly Rate 34
X. Miscellaneous Fees 34
XI. Restrictions on Encroachment 34
XII. Waiving of Encroachment Fees 34
I. Indoor Rental 35
II. Outdoor Rental 37
III. Concession Stand 37
IV. Athletic Fields 37
V. Tree Fees 39
VI Memorials 39
I. Other Services 40
Appendix
A. CityNet Services 41
Garbage Services 49
Stormwater 51
Wastewater Services 52
Water Services 54
Schedule of Tax
Business License Tax
56 Electrical musical devices 58
Mechanical, Electronic and video amusement devices 58
Airport Parking Facility 59
Real Property Documentary Stamp (Property Transfer) Tax 60 Transient Occupancy Tax 60
Schedule of Parking Penalty and Fine Forfeiture 61
Firearm Storage Fees 64
Vehicle Storage Fees 65
Fully Burdened Hourly Rate 66
Table of Contents
Chapter 10: Miscellaneous, Citywide
Chapter 9: Parks & Recreation
Chapter 8: Public Works
137 of 206
FY2022-23
A. Franchise Fee Television revenues, as defined in
California Public Utilities Code §5860
5% of gross
B. Public Educational Government (PEG) Fee per subscriber per month
$1.00
A. Full Day Actual cost
B. Half Day Actual cost
C. Commercial Fee Actual cost
D. Community Message Actual cost
E. CityNet Technician Installation/Technical Fulfillment Actual cost Chapter 1: CityNet Services
I. Franchise
II. Multi-Camera Field Production
1 138 of 206
FY2022-23
A. Permit to Distribute Advertising Material

1. Thirty Consecutive Days (per subscriber per
month)
$98.00

2. Penalty
25% per month,
max of 100%
B. Bingo License (Fiscal Year) $409.00
C.

Candidate Statements Printing Fee per Resolution 2009-
53a* $700.00
* A portion of the fee may be refundable based on actual cost as determine d by the County Election Office.

D. Certification of Records Actual Cost
Chapter 2: City Clerk
I. Agendas, Transcripts, and Permits
2 139 of 206
Chapter 3: Community & Economic Development
BUILDING FY2022-23
$0 to $2,000 Hourly rates apply
$2,001 to $25,000 For the first $2,001 $318.20
additional $1,000 or fraction thereof, to and
including $25,000 $12.75
$25,001 to $50,000 For the first $25,001 $611.53
each additional $1,000 or fraction thereof, to and
including $50,000 $17.83
$50,001 to $100,000 For the first $50,001 $1,057.21
each additional $1,000 or fraction thereof, to and
including $100,000 $14.05
$100,001 to $500,000 For the first $100,001 $1,759.31
each additional $1,000 or fraction thereof, to and
including $500,000 $8.22
$500,001 to $1,000,000 For the first $500,001 $5,048.35 each additional $1,000 or fraction thereof, to and
including $1,000,000 $20.00
$1,000,001 to $10,000,000 For the first $1,000,001 $15,046.37 for each additional $1,000 or fraction thereof, to
and including $10,000,000 $7.99
$10,000,001 to $20,000,000 For the first $10,000,001 $87,013.14 for each additional $1,000 or fraction thereof, to
and including $20,000,000 $4.55
$20,000,001 and up For the first $20,000,001 $132,592.08 Plus additional
for each additional $1,000 or fraction thereof $3.19
I. Building Permit Fees
3 140 of 206
Community & Economic Development FY2022-23
Sec. 200 Permit Issuance $72.00
Sec. 201 New Residential Buildings 20% of Building Permit Sec. 202 New Non-Residential Buildings 18% of Building Permit Sec. 203
For other types of residential occupancies and
alterations, additions, and modifications to existing
residential buildings See Unit Fee Schedule
Sec. 204
New private, in-ground swimming pool for single
family/multi-family occupancy $316.00
Sec. 205
Other types of swimming pools, therapeutic
whirlpools, spas, hot tubs and alteration to existing
pools $235.00
Sec. 206
Temporary service power pole or pedestal
including all pole or pedestal-mounted receptacle
outlets and appurtenances each $105.00
Sec. 207
For a temporary distribution system and temporary
lighting and receptacle outlets for construction
sites, decorative light, Christmas tree sales lots,
fireworks stands, etc.

Up to 20 outlets $104.00
Each additional $7.00
Sec. 208
For receptacle, switch, lighting, or other outlets at
which current is used or controlled (except
services, feeders, and meters) each $8.00
Sec. 209
For lighting fixtures, sockets, or other lamp-holding
device each $8.00
Sec. 210 For pole or platform-mounted lighting fixtures each $56.00 Sec. 211 For theatrical-type lighting fixtures or assemblies each $8.00 II. Electrical Permit and Related Fees
System Fee Schedule
Private Swimming Pools
Temporary Power Service
Unit Fee Schedule
Receptacle, Switch and Lighting Outlets
4 141 of 206
Community & Economic Development FY2022-23
Sec. 212
For fixed residential appliances or receptacle outlets for same, including wall- mounted electric ovens; counter-mounted cooking tops; electric ranges; self- contained room, console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliance not exceeding one horsepower (HP) in rating $26.00
For residential appliances and self-contained factory-
wired non-residential appliances not exceeding one
horsepower (HP), kilowatt (KW), or kilovolt ampere
Sec. 213
(KVA) in rating, including medical or dental devices;
food, beverage, and ice cream cabinets; illuminated
show cases; drinking fountains; vending machines;
laundry machines; or other similar types of equipment $26.00 Sec. 214 Up to and including 1 $26.00
Sec. 215 Over 1 and not over 10 $52.00
Sec. 216 Over 10 and not over 50 $65.00
Sec. 217 Over 50 and not over 100 $117.00
Sec. 218 Over 100 $156.00
Sec. 219
For signs, outline lighting systems or marquees
supplied from one branch circuit $78.00
Sec. 220
For additional branch circuits within the same sign,
outline lighting system or marquee $26.00
Sec. 221
For services of 600 volts or less and not over 200
amperes in rating $156.00
Sec. 222
For services of 600 volts or less and over 200
amperes to 1,000 amperes in rating $313.00
Sec. 223
For services over 600 volts or over 1,000 amperes in
rating $470.00
Sec. 224
For electrical apparatus, conduits and conductors for
which a permit is required but for which no fee is
herein set forth $50.00
Sec. 225 Up to 3 kW panel output $260.00
Sec. 226
For each additional 1 kW or fraction; thereof, If any
support structures elevating panels above the roof
plane, or purpose designated independent array
structure, use the building permit fee for valuation $78.00 Residential Appliances
Miscellaneous Apparatus, Conduits and Conductors
Other Inspections and Fees/Solar Electric Systems
For motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment and other apparatus, as follows (Rating in Horsepower (HP), kilowatts (KW), kilovolt-amperes (KVA), or kilo-volt-amperes- reactive (KVAR):

Non-Residential Appliances
Power Apparatus
Signs, Outline Lighting and Marquees
Services
5 142 of 206
FY2022-23
Sec. 227 Electric Battery Storage Units (13.5 kw) $156.00 Sec. 228 Stand by Power Systems (13.5 kw) $156.00
III. Mechanical Permit and Related Fees
Sec. 300 Permit Issuance $78.00
System Fee Schedule
New Residential Buildings 20% of Building Permit
New Non-Residential Buildings 18% of Building Permit
Unit Fee Schedule
Sec. 301
For the installation or relocation of each forced-air or gravity type furnace or burner, including ducts and vents attached to such appliances, up to and including 100,000 Btu/h $105.00 Sec. 302
For the installation or relocation of each forced-air or gravity- type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h $183.00
Sec. 303
For the installation or relocation of each floor furnace, including vent $105.00
Sec. 304
For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted heater $105.00
Sec. 305
For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit $105.00 Sec. 306
For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the Code $105.00 Sec. 307
For the installation or relocation of each boiler or
compressor up to and including three horsepower, or
each absorption system up to and including 100,000 Btu/h $105.00 Sec. 308
For the installation or relocation or each boiler or
compressor over three horsepower, up to and
including 15 horsepower, or each absorption system over 100,000 Btu/h to and including 500,000 Btu/h $105.00
Sec. 309
For the installation or relocation of each boiler or
compressor over 15 horsepower, up to and including 30
horsepower, or each absorption system over 500,000 Btu/h to and including 1,000,000 Btu/h $105.00
Community & Economic Development
6 143 of 206
Community & Economic Development FY2022-23
Sec. 310
For the installation or relocation of each boiler or
compressor over 30 horsepower to and including 50
horsepower, or for each absorption system over 1,000,000 Btu/h to and including 1,750,000 Btu/h $105.00
Sec. 311
For the installation or relocation of each boiler or
refrigeration compressor over 50 horsepower, or each
absorption system over 1,750,000 Btu/h $361.00
Sec. 312
For each air-handling unit to and including 10,000
cubic feet per minute, including ducts attached thereto $341.00 Sec. 313 For each air-handling unit over 10,000 cfm $341.00 Sec. 314 For each evaporative cooler other than type $183.00 Sec. 315 For each ventilation fan connected to a single duct $105.00 Sec. 316
For each ventilation system which is not a portion of
any heating or air-conditioning system authorized by a
permit $183.00
Sec. 317
For the installation of each hood which is served by
mechanical exhaust, including the ducts for such
hood $341.00
Sec. 318
For the installation or relocation of each domestic-
type incinerator $96.00
Sec. 319
For the installation or relocation of each commercial
or industrial-type incinerator $513.00
Sec. 320
For each appliance or piece of equipment regulated
by the Mechanical Code but not classed in other
appliance categories, or for which no other fee is
listed in the Code or fee schedule $183.00
IV. Plumbing Permit and Related Fees
Sec. 400 Permit Issuance $78.00
System Fee Schedule
New Residential Buildings 20% of Building Permit
New Non-Residential Buildings 18% of Building Permit
Unit Fee Schedule
Sec. 401
For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and
backflow protection therefore) $78.00
Sec. 402 For each building sewer $110.00
Sec. 403 Rainwater systems - per drain (inside building) $102.00 Sec. 404
For each water heater (including solar powered)
and/or vent $78.00
7 144 of 206
Community & Economic Development FY2022-23
Sec. 405
For each industrial waste pretreatment interceptor,
including its trap and vent, excepting kitchen-type
grease interceptors functioning as fixture traps $313.00 Sec. 406
For installation, alteration, or repair of water piping and/or water treating equipment $78.00
Sec. 407
For repair or alteration or drainage or vent piping,
each fixture $39.00
Sec. 408
For each lawn sprinkler system or any one meter,
including backflow protection devices therefore $39.00
Sec. 409
For atmospheric-type vacuum breakers, not included
above: 1 to 5 $78.00
Sec. 409
For atmospheric-type vacuum breakers, not included
above: Over 5 each $9.00
Sec. 410
For each backflow protective device other than
atmospheric-type vacuum breakers: 2 inches and
smaller $78.00
Sec. 411
For each backflow protective device other than
atmospheric-type vacuum breakers: over 2 inches $105.00 Sec. 411 For each gas piping system of one to four outlets $105.00 Sec. 412
For each gas piping system of five or more outlets,
per outlet in excess of 4 $18.00
V. Other Inspections and Fees
Sec. 413
Inspections outside of normal business hours
(Minimum charge - two hours)

1.5x FBHR for Overtime,
2x FBHR Holidays
Sec. 414
Re-inspection Fees (for all services) – 1st re-
inspection No Charge
Sec. 414
Re-inspection fee assessed under provisions of §305(g)
of the UBC each $156.00
Sec. 415
Inspections for which no fee is specifically indicated
(Minimum charge one-half hr) hour $156.00
Sec. 416
Additional plan review required by changes, additions,
or revisions to approved plans
(Minimum charge one-half hr) hour $201.00
Sec. 417
Investigative fee (shall be the same as permit fee),
paid in addition to the permit fee See §106.4.4 of CPC
Sec. 418
Projects without a fee set. (Percentage maybe
modified by the Community Development Director, to
ensure 100% recovery of the City’s fully burdened cost
of providing the service.)

1.5% of valuation or
contract
amount
8 145 of 206
Community & Economic Development FY2021-22 FY2022-23
Animal Control Service
Permit (required for more
than
four adult cats, two adult
dogs, or any two household
pets over the age of four per fiscal year $90.00 $145.00 Annual Inspection performed
by Community Development $69.00 $98.00
Expedited Permitting
Actual cost – Deposit
Required
Actual cost – Deposit
Required
Sec. 500
Building permit fee, moved
buildings (Said fee shall
apply to the moving permit
only and is in addition to or each $1,067.00 $1,289.00
Sec. 501 Technology Cost
5% of the building,
mechanical, electrical and
plumbing permit
5% of the building,
mechanical, electrical and
plumbing permit
Sec. 502 Establishment of Valuation
Determined based on the
cost per square foot of
construction
Determined based on the
cost per square foot of
construction
Sec. 503
Strong Motion (Seismic
Instrumentation Fee) –
Residential Construction
per $1,000 of the valuation of
the construction per §502.

Above in increments of fifty
cents ($0.50) $0.13 $0.13
Sec. 503
Strong Motion (Seismic
Instrumentation Fee) –
Commercial Construction
per $1,000 of the valuation of
the construction $0.28 $0.28
Sec. 504
City Art Fee – Residential
Building
5% of the building,
mechanical, electrical, and
plumbing permit fee
5% of the building,
mechanical, electrical, and
plumbing permit fee
Sec. 504
City Art Fee – Commercial
(nonresidential) Building
7% of building, mechanical,
electrical, and
plumbing permit fee.
7% of building, mechanical,
electrical, and
plumbing permit fee.

Sec. 505
Residential Building, carport,
garage, and similar
building, maximum of 2
stories, 4,000 square feet
total building area for all
floors. $420.00 $430.00

2. Carports & garages;
maximum 6,000 square foot
footprint, maximum 1 story.

3. Accessory buildings;
maximum 6,000 square foot
footprint, maximum 1 story.

Sec. 505
Demolition Permit Fee-Small
Commercial building and
minor accessory structure: $420.00 $430.00
foot footprint area

2. Maximum of 2 stories
Sec. 505
Demolition Permit Fee -
Projects with building larger
than described above
10% of permit fee plus 10%
of
plan check fee
10% of permit fee plus 10%
of
plan check fee
VI. Miscellaneous Fees and Provisions Related to Building, Electrical, Mechanical and Plumbing Regulations 9 146 of 206
Community & Economic Development FY2021-22 FY2022-23
and Administrative Fee
Sec. 506
A. Deposit (Minimum deposit of
$1,000 and Maximum deposit of per estimated ton of debris $50.00 $50.00 of 1-hour fee shall
be charged again the deposit. per hour $144.00 $144.00
Sec. 507 General Plan Maintenance
% of building permit fee for
new construction 9% 0%
Sec. 508
Green Buildings- For projects
certified as LEED Silver or
higher (or a nationally recognized
equivalent) upon
completion of the project
% refund of plan review
and construction inspection
fees 10% 10%
Sec. 508
Green Buildings Surcharge
(Minimum $1 per Building
Permit application)
The Senate Bill 1473 (Green Fee is
assessed per $25,000 in valuation $1.00 $1.00
Sec. 509 Document Imaging Fee
% of the building, mechanical,
electrical and plubming permit fee 3.25% 3.25%
Sec. 510
Compliance Plan Deposit (Minimum
deposit of $500
and Maximum deposit of
$250,000.)
% of remaining estimated
value to completion as
determined by the building
official. 2% 2%
Sec. 510
Fee (Minimum of 1-
hour fee shall be charged against per hour $144.00 $144.00 Sec. 511 Residential Design Review $201.00 $201.00
Sec. 531 Detached single family dwellings each $142.00 $156.00 Sec. 532
Duplexes and multi-family dwellings unitseach $142.00 $156.00 Sec. 532
Duplexes and multi-family dwellings
units – each $34.00 $48.00
Sec. 533 An Excess Housekeeping Unit @ inspections (ADU)each $142.00 $156.00 Sec. 533
An Excess Housekeeping Unit @
inspections –
additional unit (ADU) each $34.00 $48.00
Sec. 534 Pre-Site Inspections each $142.00 $156.00
Sec. 535
PLAN CHECK (PLAN REVIEW). A
plan review fee when required by
§107.3 of the CBCm shall be paid at the
time of plans or specifications
submission. In addition to the
% of the building, mechanical,
electrical and plubming permit fee 60% 60%
Sec. 535
PLAN CHECK (PLAN REVIEW) –
residents of three or
more units and all other non-
residential buildings
% of the building, mechanical,
electrical and plubming permit fee 60% 60%
Sec. 535 Plan Check (Plan Review) –
Production Construction
After the first constructed building
(model) of each type of design. No
other changes can be made to the
original planned construction or
design of the building, or the full
plancheck fee will apply
60% of the building permit fee.
50% of the normal plan
check fees
60% of the building permit fee.
50% of the normal plan
check fees
Sec. 535
Plan Check (Plan Review)- An
hourly fee may be
charged for plan check services, at
the discretion of
the Development Director, to
FBHR and/or actual
consultant cost
FBHR and/or actual
consultant cost
Sec. 536
FEE REFUNDS.

The City Manager, or designee,
may authorize the
refunding of any fee paid
hereunder, which was
Not more than 80% of the
permit fee
Not more than 80% of the
permit fee
VII. Independent Inspections
Applications requesting inspection for the purposes of determining compliance with city codes and ordinances shall be accompanied by a non-refundable fee for such service computed in accordance eith the following schedule:
10 147 of 206
Community & Economic Development FY2022-23
A. Actual Cost– Deposit Required
Section Description
Pre-Application Consultation (Non- Transit Corridor Specific Plan)
Initial consultation not
exceeding 1 hr., no cost.

Deposit may be required
Actual Cost - Deposit
Required
Transit Corridor Specific Plan Pre-Application Review
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
General Plan Amendment
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Zoning Change or Code Amendment
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Planned Development (PD)
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Planned Development Permit (PDP)
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Development Agreement
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Planned Unit Permit (PUP)
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Variance – Single Family Residential
$3,175.00
Variance – Residential (Multi-Family) and All Non-Residential Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
$5,000.00
Use Permit – Single Family Residential $2,992.00
Use Permit – Residential (Multi-Family) and All Non-
Residential
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Use Permit (Drinking Place) - Bar
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Fees Related to Zoning Ordinance, Subdivision Ordinance, and Environmental Review of Development Projects VIII. Application Fees

PLANNING
11 148 of 206
Community & Economic Development FY2022-23
A. Actual Cost– Deposit Required continued
Section Description
Use Permit (Drinking Place) – in conjunction with restaurant Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Condo Use Permit Application Fee
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
$3,220.00
Consultant Technical Studies and/or Peer Review
of Technical Studies
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Special Event Permit Application
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Architectural Review Permit –Residential (Multi-
Family) and All Non-Residential
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Architectural Review Permit – New Building
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Subdivision Sign Application Fee
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Master Sign Program Application Fee
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Tentative Tract or Parcel Map
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Lot Line Adjustment
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Improvement Plan
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
$5,000.00

PLANNING
Fees Related to Zoning Ordinance, Subdivision Ordinance, and Environmental Review of Development Projects VIII. Application Fees
12 149 of 206
Section Description
Director’s Determination Application Fee
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Density Bonus Planning Application Fee
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Parking Compliance Application Fee
Applicants responsible
for Actual Cost Staff
Time and Consultant
time. Deposit required
Actual Cost - Deposit
Required
Condominium Project - Tax (per § 3.16.160 of the Code of Ordinances) per unit $1,000.00
Single Family Residential - Tax (for sale units only) (per §

3.16.160 of the Code of Ordinances) per unit $1,001.00
Hotel and Office (Medical, R&D, Administrative) - For net new floor area in Commercial Projects per sq ft $12.00
B. Other Planning Related
VIII. Application Fees (continued)
13 150 of 206
Community & Economic Development FY2022-23
Use Permit for Commercial Day Care Center Application
Fee $3,122.00
Temporary Use Permit $2,456.00
ABC Application Review $2,858.00
Filming Permit $2,304.00
Architectural Review Permit – Single Family Residential plus Consultant
Costs $2,594.00
Architectural Review Permit – Major Façade Alteration $2,775.00 Administrative Review – Wireless Facility $4,110.00
Sign Deviation $1,564.00
Sign Permit Review $391.00
Mailing Notification list Associated with Future or
Current Planning Application $1,678.00
Zoning Clearance Permit $991.00
Short Term Rental Zoning Permit
(Annual renewal
required)
$991.00
Minor Modification Fee $1,287.50
Miscellaneous Permit Application Fee $1,329.00
Large Day care Permit fee (14 children or less) $1,409.00 Administrative Review – Buildable Lot Determination
Specific Plan) $1,678.00
Reasonable Accommodation Application Fee $1,509.00
Rebuild Letter $1,289.00
Zoning Conformance Letter $1,436.00
Section Description Fee
Modifications to Approved Maps $2,000.00
Planning Application / approval modification Application fee $1,078.00
First Time Extension Application Fee (by Community
and Economic Development Director) $1,109.00
Second Time Extension Application Fee (by Planning
Commission) $1,757.00
Section Description Fee
Appeal to Director’s Decisions $500.00
Appeal to Planning Commission $510.00
Appeal to City Council $790.00
X. Appeal Fees
C. Miscellaneous Application Review Fees
IX. Modification Fees
B. Other Planning Related (continued)
14 151 of 206
Community & Economic Development FY2022-23
Section Description Fee
Sec. 1100 Mitigated Negative Declaration
Applicants responsible for
Actual Cost Staff Time and
Consultant time. Deposit
required
$10,000.00
Sec. 1101 Environment Impact Report (EIR)
Applicants responsible for
Actual Cost Staff Time and
Consultant time. Deposit
required
Actual Cost- Deposit
Required
Sec. 1102
Filing with San Mateo County for Notice of
Determination
Actual cost determined by
Sa Mateo County Fee
Schedule
Actual Cost- Determined
by County Fee Schedule
Sec. 1103 Declaration or EIR Fish and Game Fee Waived
Actual cost determined by
Sa Mateo County Fee
Schedule
Actual Cost- Determined
by County Fee Schedule
Section Description Fee
Sec. 1200 Performance Review for Alcoholic Beverage Sale Actual Cost – Deposit
Required
Sec. 1201
Alcohol Beverage Control License Mailing List no
fee per AB624, January 1, 2002 No Cost
Sec. 1202 Digitization & Technology Fee $0.00
Subject to increase July 1, 2022 based on CCCI
Unit Type Fee
Single Family (per sq ft) $35.10
Condominium (per sq ft) $32.50
Apartment (per sq ft) $32.50
Office (per sq ft) $16.25
Retail (per sq ft) $8.12
Hotel (per sq ft) $16.25
XI. Environmental Determination
XII. Other Review Fees
XIII. Affordable Housing Fee
15 152 of 206
Community & Economic DevelopmentCommunity & Economic Development Land Use Community
Public
Safety
General
Government Transportation Utilities Total
Residential
Single Family (per unit) $19,128.33 $1,420.38 $2,010.06 $4,183.92 $2,751.84 $29,494.53 Multi Family (per unit) $17,957.16 $1,419.21 $1,886.04 $3,237.39 $2,583.36 $27,083.16 Non-Residential
Office (per sq. ft.) $10.71 $0.71 $1.16 $8.62 $2.13 $23.33 Industrial (per sq. ft.) $4.26 $0.28 $0.46 $3.45 $1.33 $9.78 Retail (per sq. ft) $6.90 $0.76 $0.75 $11.10 $13.26 $32.77 Hotel (per room) $1,752.66 $118.17 $188.37 $1,894.23 $1,516.32 $5,469.75 XIV. Development Impact Fees
Subject to increase July 1, 2022 based on CCCI
16 153 of 206
Community & Economic Development FY2022-23
Description Unit Fee
Transit Corridors Plan, and U.S. Navy Site Specific Plan Areas:

Office Land Use 1 Stall $29,911.05
Transit Corridors Plan, and U.S. Navy
Site: Non-Office Land Use 1-5 Stalls $2,991.69
Specific Plan Areas – All Non-
Residential 6-10 Stalls $5,982.21
Land Uses (Except Office Land Uses) More than 10 Stalls $11,964.42 Bayhill Specific Plan Area for Non-Resientail Land Uses $71,786.52 Subject to increase July 1, 2022 based on CCCI
XV. Parking In-Lieu Fee
17 154 of 206
FY2022-23
A. Overdue Utility Invoice
$10.00 or 10%,
whichever is greater,
delinquent 1 business
day following due date
B. Overdue Business License Invoice
20% per month on the
first calendar day of each
month following August.

Maximum delinquent
charge, permissible by
Municipal Code, 100% of
tax due.

A. New Business Application Fee

1. In-Town based business $64.00

2. Out-of-town based business $106.00
B. Special Business Tax Database Reports per hour/ 1-hr minimum $271.00 A.

Peddlers, Solicitors, Temporary Vendors –
Application
Rate plus applicable
fingerprinting and
Department of Justice
Fees $232.00
B. Peddlers, Solicitors, Temporary Vendors – Appeal $419.00 Denial of Application
III. Permits
Chapter 4: Finance
I. Delinquencies
II. Business Tax Services
18 155 of 206
FY2022-23
Description Unit Notes Fee
A. Fire Life Safety Plan Check Review Per hour 1 hour minimum $255.00 B. Pre-Inspection or Pre-Construction Consultation Per hour 1 hour minimum $255.00 C. Fire Safety Inspection Per hour 1 hour minimum $255.00 D.

Re-inspection Fees (for all
services) – 1
st re-inspection No Fee
E.

Re-inspection Fees (for all
services) – 2
nd re-inspection
Initial fee plus
25%
F.

Re-inspection Fees (for all
services) – 3rd and each
subsequent re-inspection
Initial fee plus
50%
G. Expedite Building or Planning Check fees Per hour $589.00 H. Consultation and Planning Per hour $251.00
I. After Hour Inspections b Per hour 2 hour minimum $367.00 b
After hour inspections refers to all inspections performed after 5PM and prior to 7AM.

A. 1-2,000 sq ft. Per unit $219.00
B. 2,001-5,000 sq. ft Per unit $260.00
C. 5,001 to 10,000 sq. ft. Per unit $300.00
D. 10,001 to 20,000 sq. ft. Per unit $342.00
E. 20,001 to 40,000 sq. ft. Per unit $383.00
F. 40,001 to 80,000 sq. ft. Per unit $424.00
G. 80,001 to 120,000 sq. ft. Per unit $465.00
H. 120,001 to 150,000 sq. ft. Per unit $505.00
I. 150,001 to 200,000 sq. ft. Per unit $545.00
J. 200,001 and up Per Hour Actual Cost
II. General Business Inspection
Chapter 5: Fire
I. Fees Related to Plan Checks, Pre-Inspections, Inspections, Re-inspections, and Fire Code Permits 19 156 of 206
FY2022-23
1 Multiple Dwelling Units Annual Fire Inspection (3 or
more units) - Apartment Houses and Condominium
complexes Lesser of
Unit or
$33.00
Bldg $364.00
2 Multiple Dwelling Units Annual Fire Inspection (3 or
more units) - Motels, Hotels and Lodging Houses Lesser of Unit or
$61.00
Bldg $656.00
3 Multiple Dwelling Units Annual Fire Inspection (3 or
more units) - Large Complexes (over 150 living units or 9 or more buildings and may have private fire lanes
and/or private fire hydrants) Greater of
Unit or
$2,995.00
Hour $300.00
1 Pre-inspection of licensed
community care Per hour $150.00
2 Residential Care Facility +6 $359.00
Consultation & Research, Pre-
application meetings & design
review, property survey, general
construction inspections,
processing, scheduling, and
record keeping Residential
12% of
Building Permit
fees for
Commercial
and Multi-
Family
Fire Department
III. Multiple Dwelling Units Annual Fire Inspection (3 or more units) IV. Licensed Care Facilities
V. General Fire & Life Safety Services
20 157 of 206
Fire Department FY2022-23
Monitoring System $251.00
Manual System $251.00
Automatic System $415.00
Combination System $578.00
Emergency Responder Radio Coverage System
Permit $508.00
Multi-Residential or Commercial Fire Alarm
Remodel or Repair (Device relocation/adjustment $169.00 Fixed Fire Extinguishing System $333.00
Standpipe System $294.00
Storage Tank (above or below
ground) $160.00
One- or two-Family Dwelling Fire
Sprinkler System (NFPA 13D)
Flat fee including 2
inspections (additional inspections
will be charged at the hourly rate of
the staff who actuall perform each
inspection) $578.00
Multi-Residential or Commercial Fire
Sprinkler System (NFPA 13 or 13R) Permit –
Single Story (incl. T.I) Permit
– Multi story
Flat fee including 2
inspections (additional inspections
will be charged at the hourly rate of
the staff who actuall perform each
inspection) $906.00
Multi-Residential or Commercial Fire
sprinkler Remodel or Repair (Sprinkler head
relocation/adjustment $251.00
Fire Service Line Inspection $251.00
VI. Fire Alarms/Fire Protection Systems
VII. Fire Sprinkler Systems
21 158 of 206
Fire Department FY2022-23
A.

Fireworks Stand Safety
Clearance
Additional Amount to
cover City’s illegal
fireworks prevention
costs will be prorated
among all stands
according to gross sales $1,427.00
B. Other Fire Service Detail – Engine or truck company Per hour Plus material $1,026.00 C.

Other Fire Service Detail – One person on fire watch
detail Per hour $270.00
D.

Response to False Alarms
within any 30-day period – Single Engine: Third
Response $396.00
E.

Response to False Alarms
within any 30-day period – Single Engine: Fourth
Response $777.00
F.

Response to False Alarms
within any 30-day period – Single Engine: Fifth
subsequent Response $1,144.00
G.

Response to False Alarms
within any 30-day period – Full First Alarm Assignment:

Third Response $1,206.00
H.

Response to False Alarms
within any 30-day period – Full First Alarm Assignment:

Fourth Response $1,620.00
I.

Response to False Alarms
within any 30-day period – Full First Alarm Assignment:

Fifth and subsequent Responss $1,908.00
J. Photographic Reproduction Plus processing cost
$88.00
K.

Driving Under the Influence (DUI) Emergency
Response
Per Government Code
Section 53150-58 Actual Cost
L.

Community Cardiopulmonary Resuscitation (CPR)
Class - Residents
$90.00
M.

Community Cardiopulmonary Resuscitation (CPR)
Class – Non-Residents
$97.00
VIII. Miscellaneous
22 159 of 206
Fire Department FY2022-23
Aerosol Products $325.00
Amusement Buildings $325.00
Aviation Facilities $377.00
Battery System $377.00
Carnivals and Fairs $325.00
Christmas Tree Lot $325.00
Combustible Fiber Storage $325.00
Combustible Material Storage $325.00
Compressed Gasses $325.00
Commercial Occupancy Assigned to Prevention $325.00
Commercial Rubbish-Handling Operation $325.00
Cryogens $325.00
Dry Cleaning Plants $325.00
Dust-Producing Operations $325.00
Exhibits & Trade Shows – Display Both $325.00
Exhibits & Trade Shows – With Open Flame $325.00
Exhibits & Trade Shows – Display Fuel Powered Equipment $325.00 Explosives or Blasting Agents $377.00
Fire Hydrants and Water Control Valves $325.00
Flammable or Combustible Liquids $377.00
Hazardous Materials $377.00
High-Piled Combustible Storage – 20,000 saure feet or less $377.00 High-Piled Combustible Storage – more than 20,000 feet $417.00 Highrise $335.00
Hot-Works Operations $325.00
Liquefied Petroleum Gasses $377.00
Liquid-or-gas fueled vehicles or Equipment in Assembly Buildings $377.00 Live Audiences $377.00
IX. General Permit
23 160 of 206
Lumber Yards storing in excess of 100,000 board feet $315.00 Magnesium Working $325.00
Motor Vehicle Fuel Dispensing Stations $325.00
Open Burning $325.00
Organic Coating $325.00
Ovens, Industrial Baking and Drying $325.00
Parade Floats $325.00
Places of Assembly $357.00
Production Facilities $357.00
Pyrotechnical and Special Effects Material $377.00
Radioactive Materials $325.00
Refrigeration Equipment $315.00
Repair Garage $325.00
Spraying and Dipping $325.00
Tents, Canopies, and Temporary Membrane Structures $335.00 Tire Storage $325.00
Wood Products $325.00
Mobile Food Truck $202.00
General Permit - Continued
24 161 of 206
FY2022-23
A. Lost Item
Cost of item plus
processing Fee $5.00
B. Lost Periodical
Cost of item plus
processing Fee $2.00
C. Damage Material and Missing Parts

1. Minor Damage
$3.00

2. Severe Damage
Cost of item plus
processing Fee $5.00
D.

Missing or damaged CD or Cassette for an audiobook or
a missing CD-ROM or floppy disk accompanying a book
or video item
$10.00
A. Replacement of Lost Library Card $2.00
B.

Reserving Materials (Per Item) Outside Peninsula
Library System $10.00
C. Peninsula Library System Reserve Item Not Picked Up $1.00 D. Processing Fee for Lost Materials $5.00
E. Proctoring Examinations

1. Resident $75.00

2. Non-Resident $100.00
F. Service Charge for Debt Collection $10.00
G Charge for Faxing Services

1. First Page $2.00

2. All subsequent pages
per page $1.00
H Computer/Photocopies Printouts

1. Black/White
per page $0.15

2. Color per page $0.30
I. Community Room Rental Information Moved to Chapter 9. I. Indoor Rentals II. Other Charges
I. Charges for Lost Material and Damaged Material and Missing Parts Chapter 6: Library
25 162 of 206
Chapter 7: Police
FY2022-23
A. Repeat False Alarm Within a 180-Day Period
Third Alarm $100.00
Fourth Alarm $125.00
Fifth Alarm and subsequent alarms $150.00
B.

Fingerprinting Service (Required for all Permits) Live
scan
Actual Costs as
established by the
California Department of
Justice plus staff time
A. Cardroom License and Permits
Gambling Club License
Rate plus deposit, actual cost
of staff time plus live scan $1,188.00

1. Annual Renewal, table count $143.00

2. Duplicate License $54.00

3. Cardroom License and Permits – Notary Fees Actual Cost B. Work Permit, Initial
Rate plus applicable
fingerprinting, Department of
Justice and notary fees as set
forth in GC 8211 $374.00

1. Renewals
Rate plus applicable
fingerprinting, Department of
Justice and notary fees as set
forth in GC 8211 $183.00

2. Duplicate Copy $53.00

3. Appeal Denial of Application $557.00
C. Pawn Broker/Secondhand Dealer

1. Dealer License Rate plus live scan cost $599.00
II. Permits
I. Alarms and Fingerprinting
26 163 of 206
Police FY2022-23

2. Employee, Initial
Rate plus applicable
fingerprinting and Department
of Justice fees $284.00

3. Renewal
Rate plus applicable
fingerprinting and Department
of Justice fees $214.00

4. Duplicate Copy $53.00

5. Appeal Denial of Application $557.00
D.

1. Application
Rate plus applicable
fingerprinting and Department
of Justice fees $1,980.00

2. Transfer License $1,872.00

3. Appeal Denial of Application $2,213.00
E.

1. Application
Rate plus applicable
fingerprinting and Department
of Justice fees $360.00
A. Driving Under the Influence (DUI) Emergency Response Actual Cost per
Government Code
Section 53150-58

1. Vehicle Manslaughter
Rate or maximum allowed by
law, which-ever is greater $1,080.00

2. Stored Vehicle Release $131.00
Animal Control Services
Fees shall be consistent
with those charged by
the SMC Division of
Animal Control Services
IV. Animal Control
III. Vehicle Services
Places of Public Amusement, Public Dance, or Entertainment Sidewalk Vendors
Permits Continued
“Sidewalk vendor” or “vending” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path
27 164 of 206
Police FY2022-23
A. Permit Issuance (1st Permit) No Fee
B. Permit Issuance (2nd Permit) per year $50.00
C. Replacement Sticker $61.00
D.

Visitor/Guest/Caregiver Parking Placard (6 guest passes per month) Rate per day $5.00
Rate per week $50.00
A. Police Report Reproduction $18.00
B. Photographic Reproduction: $39.00
C. Audio Recording Reproduction:
* Subpoena required* Civil Subp $15/Criminal Subp no
charge

1. Production Reproduction $115.00

2. Duplication: $25.00

3. Booking Fee SMC Rate
D. Visa Clearance Letter $26.00
E. Police Safety Plan Check Actual cost
F.

Party Nuisance Response Fee (Third Response in
Twenty-Four Hour Period) Actual cost
Civil Subpoena $15.00
G. Civil Subpoena – Officer Appearance $275.00
H.

Contractual Outside Detail for Uniformed Officers: All
Other $230.00
I. Storage of Firearm $150.00
Storage of Firearm – each additional (see Appendix) $25.00 J.

Storage of Vehicles Towed to SBPD and stored as
evidence, charges commence 30 days after written
notice to R/O, L/O and or insurance, etc. of needed
release (See Appendix CA Vehicle Code Section
22850.5)
Rate per day (Amount
determined by OPTS Tow
Rotation) $85.00
VI. Miscellaneous
V. Residential Permit Parking
28 165 of 206
Police
FY2022-23
Establishment Certificate for Non-Practitioner Owners – Basic Fee
Actual Costs of
investigations and
background checks
Investigation CAMTC/Verification/Processing/Safety
Inspection
Establishment Certificate for Non-Practitioner Owners – Bi-Annual Renewal Basic Fee Annual Renewal Basic
Fee
Actual Costs of
investigations and
background checks
Investigation CAMTC/Verification/Processing/Safety
Inspection
Establishment Certificate for Practitioner/Owner – Basic Fee
Actual Costs of
investigations and
background checks
Verification/Processing/Safety Inspection
Establishment Certificate for Practitioner/Owner – Bi-
Annual Renewal Basic Fee
Actual Costs of
investigations and
background checks
Verification/Processing/Safety Inspection
Appeal Process for Denial – Non-Practitioner Owners
Rate plus actual time spent x
rate per hour
$500.00
Investigation CAMTC/Verification/Processing/Safety
Appeal Process for Denial –Practitioner/Owner
Rate plus actual time spent x
rate per hour
$250.00
Investigation CAMTC/Verification/Processing/Safety
See Appendix under Massage:

VII. Massage Establishment
29 166 of 206
Police FY2022-23
Administrative Fines for violations of Title 5 (Nuisances), Chapters 5.04 and 5.08 of Municipal Code – First Violation
$100.00
Administrative Fines for violations of Title 5 (Nuisances), Chapters 5.04 and 5.08 of Municipal Code – Second Violation of the same provision $200.00
Administrative Fines for violations of Title 5 (Nuisances), Chapters 5.04 and 5.08 of Municipal Code – Third Violation
of the same provision
$500.00
Administrative Fines for violations of Title 5 (Nuisances), Chapters 5.04 and 5.08 of Municipal Code – Late Payment fee 10% of unpaid balance Building and Safety Code Administrative Fines for violations of Title 5 (Nuisances), Chapters 5.04 and 5.08 of Municipal Code – First Violation $100.00
Building and Safety Code Administrative Fines for violations of Title 5 (Nuisances), Chapters 5.04 and 5.08 of Municipal Code – Second Violation of the same provision
$500.00
Building and Safety Code Administrative Fines for violations of Title 5 (Nuisances), Chapters 5.04 and 5.08 of Municipal Code – Third Violation of the same provision
$1,000.00
Building and Safety Code Administrative Fines for violations of Title 5 (Nuisances), Chapters 5.04 and 5.08 of MunicipalCode – Late Payment fee 10% of unpaid balance
VIII. Administrative Fines
30 167 of 206
FY2022-23
A.

Sidewalk or Street Closure/Traffic Control –
No Excavation (Includes Permit and 1 hour of
Engineering Review)
Rate plus Actual Cost of
any additional plan
review and
inspection cost $237.00
B.

Minor Encroachment (Includes Permit, 1 hour of
Engineering Review and up to 2 Inspections)
a
Rate plus Actual Cost of
any additional plan
review and
inspection cost $463.00
Performance Deposit (Refundable upon satisfactory
completion of work) $300.00
C.

Regular Encroachment Permit (Includes Permit, 1 hour
of Engineering Review, and up to 2 Inspections)
c
Rate plus Actual Cost of
any additional plan
review and
inspection cost $350.00
Performance and Payment Bond or Deposit (Refundable upon satisfactory completion of work; Contractors who obtain more than 5 permits annually through the City,
may be required to obtain a blanket performance bond in lieu of individual deposits.)
Up to 100% of Value of
Work
($600.00 minimum)
D.

Defined: Cost of staff time charged at the current fully burdened hourly rate, reimbursement of third-party costs, and/or other direct costs as relevant (Drawdown deposit may be required for large or complex encroachment) Actual Cost E. Penalty for commencing work without a permit
2% of Value of Work
($600.00 minimum)
Chapter 8: Public Works
I. Encroachment Permit
a. Minor Encroachment Defined: Any type of encroachment outside a paved area that requires excavation no deeper than 12 inches or, in the case of sidewalk replacement, is not more than 75 square feet. Typical Minor Encroachments include sidewalk, driveway approach and curb drain replacements or installations. c . Regular Encroachment Defined: Any type of encroachment that is inside a traveled way or public parking area, requires excavation deeper than 12 inches, or, in the case of sidewalk replacement, is 75 square feet or larger.

Typical regular encroachments include trenching within any street, public parking area or public utility easement, connection to any City-owned or public owned utility or facility, or any use of a public street which might affect the flow of traffic or public parking. Other types of regular encroachments include any Public Works related construction that will be dedicated for public use.
31 168 of 206
FY2022-23

1. Residential Zone Parking Space Restrictions per week / per space $75.00 Metered spaces will additionally be charged the full day’s rate to occupy the space for the duration of the
permit.

2. Commercial Zone Parking Space Restriction
per week / per space $150.00
Metered spaces will additionally be charged the full day’s rate to occupy the space for the duration of the
permit.

3. Debris bin / Storage bin / PODs
per week $75.00

1. Residential Special Parking Restriction (Design and Public Approval Process)
Rate per Hour plus
Actual Cost of any
signage or painting work $1,355.00

2.Commercial Special Parking Restriction (Design and Public Approval Process)
Rate per Hour plus
Actual Cost of any
signage or painting work $3,719.00

3. Site Inspections for Preliminary Analysis $171.00
B. Long-Term
A. Short-Term
All requests to have curbs painted for no parking, loading zones, limited time duration, accessibility, or any other purpose for the benefit of that specific property shall be assessed a fee to cover all costs associated with the analysis and public approval process necessary to complete the request. This fee covers the analysis and public approval process. After approvals are obtained, the applicant will be provided a separate invoice for the cost of any signage or painting work.

Public Works
II. Parking Space Restriction
32 169 of 206
FY2022-23
A. Permit Filing $173.00
B.

Plan Checking / Engineering Review / Inspection (Includes third-party cost) Actual Cost
C. Performance bond
Up to 100% of value of
work ($600.00 minimum
D. Penalty for commencing work without a permit
2% of value of work
($600.00 minimum)
A. Single Trip
per Trip $16.00
B. Annual Permit per year $90.00
A. Construction (LID/BMP Inspection) Actual Cost
B.

Post-Construction (BMP Inspection) (Not applicable for sites with only Vault Based Stormwater Treatment Systems)
per year $158.00
C. Commercial – Restaurant $460.00
D. Industrial – General / Automotive / Gas Station $460.00 E. NPDES Re-inspection Fee / Incidence Response per hour $150.00 VI. Wastewater Discharge Permit
A. Significant Industrial User (Every 3 years)
Rate plus Actual Cost of
South San Francisco fee
if any $517.00
B. Moderate Industrial User (Every 3 years)
Rate plus Actual Cost of
South San Francisco fee
if any $517.00
C.

General / Groundwater Discharge Permit (Every 3 years
or as conditions change – Includes Permit, 2 hours of
Engineering Review, and up to 2 Inspections)
Rate plus Actual Cost of
any additional plan
review, inspection, South
San Francisco fee if any,
and wastewater
treatment costs $927.00
D.

Review, Monitoring, or inspections for Wastewater Discharge Permit Actual Cost Actual Cost
E. Wastewater Lab Testing / Analysis Actual Cost Actual Cost V. National Pollutant Discharge Elimination System (NPDES) Fees The Water Quality Control Plant is jointly owned by the City of San Bruno and South San Francisco and operated by the City of South San Francisco.

Public Works
III. Grading Permits
IV. Oversize / Overweight Vehicle Permit
Permit allows for the operation of vehicles of a size, load weight or vehicle weight exceeding the maximum specified in the Vehicle code of the State of California on certain City streets. 33 170 of 206
FY2022-23
A. Revocable Encroachment Permit $615.00
B. Assignment and Assumption Agreement $615.00
A. Small Wireless Facility in Public Right-of-Way or Public Utility Easement (Includes up to a total of 350 mailings)
Rate plus Actual Cost of any
additional mailings and third-
party cost plus 20%
administrative fee $4,727.00
B. Appeal $225.00
A. Inspection Services per hour $150.00
B. Plan Review and Advanced Inspection Services per hour $171.00 A.

Street / Easement Vacation or Abandonment or Other
Engineering-Related Request Filing Fee plus Actual Cost B. Public Works Building Permit Plan Review 12% of Building Permit C. Filing Fee $173.00
D. Sewer Lateral Inspection (Point of Sale) $100.00
E.

Water Service Connection (Includes Labor, Equipment and Materials and Administrate Fee plus Capacity and Service Charges as applicable) Actual Cost
F.

Hydrant Flow Testing (Includes 1 hour of Portable Generator, 1 hour of Two Trucks with Tools, and Water Usage Charge per Hydrant Test)
per Hydrant (2 hydrant
minimum) $776.00
G.

Block Party Permit (Assumes City Council approval is
not necessary)
Rate plus Actual Cost of
Corporation Yard labor,
Insurance Rider Premium, and
other department cost if any $150.00
H. No Parking Signs each $2.70
I. Property Records Request per hour $171.00
J. Technology Fee 4.00%
K.

Permit Extension Beyond Expiration (Fee may be waived
at the discretion of the Public Works Director) Rate plus Actual Cost $75.00 Determined by the Public
Works Director
XI. Restrictions on Encroachment
XII. Waiving of Encroachment Fees
No non-emergency encroachment shall be allowed in any street that has been overlaid with asphalt within the previous five years. In the event an emergency has caused an excavation in such a street, the Encroachment Permit fee shall be increased by the amount of $5.00 per square foot of patch for every year (or portion thereof) remaining of the aforementioned five-year period.

No non-emergency encroachment shall be allowed in any street that has received a seal coat within the previous two years. In the event an emergency has caused an excavation in such a street, the Encroachment Permit fee shall be increased by the amount of $5.00 per square foot of patch for every year (or portion thereof) remaining of the aforementioned two-year period.

If work or an improvement that encroaches in the public right-of-way is considered a public good or benefit, the Public Works Director is authorized to waive any and all fees related to such encroachment
VIII. Small Wireless Facility
IX. Public Works Hourly Rate
X. Miscellaneous Fees and Permits
Public Works
VII. Agreements
34 171 of 206
FY2022-23
Belle Air Community Center $63.00
Portola Community Center $63.00
Senior Center
Senior Center Conference Room $94.00
Senior Center Craft Room $94.00
Senior Center Assembly Room $164.00
Senior Center Kitchen Rental $200.00
Library Community Room $88.00
Rentals up to $400 Pay in Full
Rentals above $400
$400 or 50% of the total
rental fee - whichever is
greater
Cancellation Fees
More than 6 months prior to the event No Fee
31 - 180 days prior to the event 50% of Rental Deposit
Less than 30 days prior to the event 100% of Rental Deposit Final Payment Late Fee $50 per day
50% - Non-Profit Discount
San Bruno based service or community organization recognized as providing programs and activities for the benefit of the San Bruno community.
20% - Resident Discount
San Bruno resident or business possessing current San Bruno business license.

Rental Deposits (Required to reserve a date.)
Off Peak | Extended Rental | Multi-Room (May be applied to Base Rate Rentals Only) 20% - Off Peak Hours (M-F 10 am – 4 pm)
20% - Extended Rental (at least 6 months/year & 2 days/month)

ADDITIONAL FEES
Community Centers
(Hourly Use for Kitchen Only WITHOUT Assembly Room)
Library Community Room

DISCOUNT RATES
DISOUNT RATES are applicable to hourly rental rates only. Only 1 discount rate may apply.

Chapter 9: Parks & Recreation

HOURLY RENTAL BASE RATES
The BASE RATE is the room rental rate BEFORE any discount is applied. It is applicable to all private and businesses rentals that do not fall within the Non-Profit or Resident category.

I. Indoor Rental
35 172 of 206
Damage & Recycling Deposit (Refundable)
The lessor of 2x the
Hourly Rental Rate or
$500
Staffing
Facility Attendant Hourly Rate $25.00
Senior Center Kitchen with Rental
FLAT RATE w/Assembly Room Rental $100.00
Alcohol Permit Processing Fee
Does not include permit to sell $37.00
36 173 of 206
Parks & Recreation FY2022-23
Small Picnic Area $110.00
Medium Picnic Area $120.00
City Park 6, 7 and 12 - Peak
Large Picnic Area $400.00
City Park 14 (Beckner Shelter) - Peak
Damage & Cleaning Deposit $150.00
Large Picnic Area: City Park 14 (Beckner Shelter)
Alcohol Permit Processing Fee $37.00
Does not include permit to sell
2 Week Rental Rate
March, April $200.00
May, June, July, August $300.00
September, October $150.00
Daily Rental Rate
Daily Rental Rate may only be applied for a one day reserved within a 2 week period $75.00
Damage & Cleaning Deposit $150.00
Non-Profit $20.00
Resident $40.00
Base Rate $50.00
Sport Field Lighting Fee Hourly
Diamond 2 & 3 $10.00
Diamond 2 & Center Field $18.00
Center Field Only $8.00
II. Outdoor Rental (Daily Rental)

DAILY RENTAL FEE BASE RATES
San Bruno based service or community organization recognized as providing programs and activities for the benefit of the San Bruno community; or a San Bruno resident or business possessing current San Bruno business license.

ADDITIONAL FEES
The BASE RATE is applicable to all private and businesses rentals who do not fall within the Non-Profit or Resident category.

City Park 1-5 and 8-11
Commodore Park and Grundy Park - Peak

DISCOUNT RATES
20% - Non-Profit and Residents
IV. Athletic Fields & Tennis Courts (Hourly Rates)
Athletic Field Rental for Other than Organized Youth Sports III. Concession Stand at Tom Lara Field
The Concession Stand at Tom Lara Field may be rented to Non-Profit Groups, Service Organizations, or School District programs only for the benefit of the San Bruno Community. Rental rates are flat fee for a consecutive 2-week period.
37 174 of 206
Lara & Center Field $20.00
Lions Baseball Field $12.00
Lions Football Field $6.00
Non-Profit | Resident $10.00
Base Rate $15.00
Tennis Court (Fees are per count)
Non-profit / Resident
$7.00
Base Rate $10.00
Field User Fee (Per Player Per Season Organized Youth Sports Only) 38 175 of 206
Parks & Recreation FY2022-23
New Street Tree Fee N/A
Private Tree Pruning Permit $70.00
Private Tree Removal Permit $105.00
Private Tree Replacement Fee (Refundable)
(One – 36” box tree or two 24” box trees per tree removal) $415.00 Private Tree Non-Replacement Fee.
(In lieu fee, per tree removal) $415.00
Memorial Plaque $400.00
Memorial Bench $1,200.00
Memorial Tree $800.00
V. Tree Fees
VI. Memorials
39 176 of 206
Chapter 10: Miscellaneous, Citywide FY2022-23
A. Photocopies

1. Public Records Act Request
a. Printed Document: per page copied $0.25
b. Digital Copies Actual Cost

2. All Other Request
a. Standard Sizes – 8.5”x11”, 8.5”x14”, 11”x17” $0.25
b. All other sizes or color copies Actual Cost
c. City Documents, including digital format Actual Cost B. Returned Checks Due to Insufficient Funds

1. First Check (per fiscal year) $25.00

2. Each Subsequent Check $35.00
C. Overdue Invoices $0.10
I. Other Services
40 177 of 206
FY2022-23
1 Gigabit Internet & Local TV Channels (Available only in fiber-built service area)
$85.00
Up to 300 Mbps Internet & Local TV Channels $70.00
Preferred TV $103.55
Limited Cable Service $20.55
Expanded BasiC Not Offered
Bulk Basic $7.02
Bulk HBO $5.87
Pay-Per-View Movies Varies
Pay-Per-View Special Events Varies
VOD Library Movies Varies
VOD New Release Movies Varies
VOD Events Varies
NHL, MLB, NBA, NFL, MLS and Cricket Varies
Premium Programming Services (Multiplex) A la Carte
HBO (11 channels)
$25.86
Showtime (11 channels) $25.86
The Movie Channel (4 channels) $25.86
Cinemax (7 channels) $25.86
Pay-Per-View
Video on Demand Pay-Per-View Service
Seasonal Sports Subscription Packs
Premium and International Programming Services
Appendix: CityNet Services
Internet and Local TV Channels
Cable Television Service
Bulk Services
41 178 of 206
Appendix - CityNet FY2022-23
Starz! Superpack (19 channels) $25.86
Encore (12 channels) $25.86
One A La Carte Premium $25.86
Choice $39.79
Two A La Carte Premium Choices
Choices
All A La Carte Premium
$68.00
Channels
Arabic
ART $16.09
Korean
MBC $16.77
tvK1
Included In Local TV
Channels
Chinese
Zhong Tian
CCTV-4
Zhong Tian + CCTV-4
Package
Italian
RAI $12.94
Filipino
TFC $15.66
GMA Pinoy $15.66
GMA Life $12.94
GMA+TFC Package $24.50
GMA+GMA Life Package $24.50
TFC+GMA+GMA Life Package $35.95
Myx from ABS-CBN
French
TV5
$12.94
South Asian/Hindi
Zee TV
$17.47
Sony TV $17.47
Sony TV+Zee TV Package $26.99
International Programming Services
42 179 of 206
Appendix - CityNet FY2022-23
Japanese
TV Japan
$29.92
Russian
RTN
$18.27
Channel 1 Russia $16.99
Impact TV Not Offered
Russian Package (All 3 channels) $25.20
Spanish
Canales Pack
$18.94
Vietnamese
SBN
$18.17
Digistar (Expanded) Basic
Encore Pack
Not Offered
Digistar Premium Programming Packages
Stellar Pack
Not Offered
Stellar 2 Pack Not Offered
Stellar 3 Pack Not Offered
Stellar 4 Pack Not Offered
Stellar Galaxy Not Offered
Star Pack Not Offered
Star 2 Pack Not Offered
Star 3 Pack Not Offered
Star 4 Pack Not Offered
Star Galaxy Not Offered
Super Nova Pack Not Offered
Super Nova 2 Pack Not Offered
Super Nova 3 Pack Not Offered
Super Nova Galaxy Pack Not Offered
HD Receiver and Remote (included HD Basic) Not Offered
HD Plus Not Offered
SD Receiver and Remote
First Receiver free: Second
receiver onwards
$2.99/mo.

Lost or Damaged SD Receiver $250.00
Lost or Damaged HD Receiver $250.00
Lost or Damaged SD DVR $250.00
Lost or Damaged HD DVR $300.00
Lost or Damaged EMTA $75.00
Lost or Damaged Modem $50.00
Lost or Damaged Remote Control $5.00
43 180 of 206
Appendix - CityNet FY2022-23
Cable TV Service Activation $50.00
Cable TV On-Site Installation (Primary Outlet) $40.00
On-Site Installation (Each Additional Outlet) $40.00
Reconnect Charge (Within Six Months of Voluntary Disconnection) $40.00 Delinquency Reconnect Charge (Increases by $5.25 Each Time Service is Disconnected for non-payment) $25.00
Outlet Relocation (Each Outlet)
$40.00
Audio/Video Equipment Connection $50.00
TV Guide $4.68/mo
Non-Standard Service Rate $120/hr
Returned Check Charge City/Rate
One to Three Days $25.00
Four to Seven Days $50.00
Installation of Any High-Speed Internet Service $50.00
Standard Modem Purchase $50.00
Wireless Modem Purchase Not Offered
Additional Static IPs, each monthly Not Offered
Basic Internet 5 Mbps/265 Kbps/25GB Not Offered
Level 1 75 Mbps down/5 Mbps up/500GB Not Offered
Level 2 100/5/600 GB Not Offered
Level 3 300/10/500 GB Not Offered
Bandwidth Surcharge per GigaByte (GB) Not Offered
Domain Name Hosting, per month Not Offered
Vanity Domain Name Service (DNS), per
modification Not Offered
1 Gig Symmetric Internet and 2 phone line
$300.00
(Only available in fiber built areas)
300 Mbps Symmetric Internet and 2
$150.00
phone lines
(Only available in fiber built areas) Not Offered
75/10 Mbps with 2 phone lines Not Offered
50/10 Mbps
One-time and Ancillary Services Fees
Personal Messages San Bruno T.V. Channel No. 1
Service
Business Services
High Speed Internet Service
44 181 of 206
Appendix - CityNet FY2022-23
DIA 25/25 with 24 hour monitoring, port fee and support Not Offered DIA 50/50 with 24 hour monitoring, port fee and support Not Offered DIA 75/75 with 24 hour monitoring, port fee and support Not Offered DIA 100/100 with 24 hour monitoring, port fee and support Not Offered DIA 150/150 with 24 hour monitoring, port fee and support Not Offered DIA 200/200 with 24 hour monitoring, port fee and support Not Offered DIA 100+ Mbps Ethernet (per Mbps) Not Offered
Point-to-Point Ethernet (per Mbps) Not Offered
Digital Phone Service (Rates do not include taxes and fees.) Basic Phone Service

7.50 (included unlimited local and domestic long distance and comprehensive suite of calling features)
Expanded Phone Service Not Offered
(Includes unlimited local, domestic long distance,
and international calls to 15 pre-selected countries c, and comprehensive suite of calling features d. )
Additional Basic Phone Line (same service as above) Not Offered Additional Expanded Phone Line (same services as
above ) International Callinge Not Offered
Basic Fax Line Not Offered
Virtual Numbers Not Offered
One-time Installation Charge per Line Not Offered
One-time Local Number Portability Charge per Line Not Offered EMTA Rental Fee 1.95
Unreturned EMTA Charge 75.00
411 Directory Service Charge per call
Operator Assistance per call
Unreturned GPON EMTA
230.00
Commercial Phone Service (Rates do not include taxes and fees.) Business Line (Unlimited)

39.95 Fax Line Not offered
Line Activation (Business Line or Fax) Not offered
SIP Trunk (per) Not offered
DID (per) Not offered
IP PBX (per Extension) Not offered
Minutes (per outbound minute) Not offered
Dedicated Internet Access (DIA) over Ethernet
45 182 of 206
Appendix - CityNet FY2022-23
1-800 Service (per line) Not Offered
1-800 Minutes (per inbound minute) Not Offered
Virtual Numbers (per) Not Offered
Phone Rental Not Offered
Basic Internet + Digital Phone Not Offered
Internet Level I + Digital Phone Not Offered
Level 2 + Digital Phone Not Offered
Level 3 + Digital Phone Not Offered
Level 4+ Digital Phone Not Offered
Limited + Level I Internet Not Offered
Expanded + Level I Internet Not Offered
Digital Basic + Level I Internet Not Offered
Encore + Level I Internet Not Offered
Stellar + Level I Internet Not Offered
Stellar 2 + Level I Internet Not Offered
Stellar 3 + Level I Internet Not Offered
Stellar 4 + Level I Internet Not Offered
Stellar Galaxy + Level I Internet Not Offered
Star + Level I Internet Not Offered
Star 2 + Level I Internet Not Offered
Star 3 + Level I Internet Not Offered
Star 4 + Level I Internet Not Offered
Star Galaxy + Level I Internet Not Offered
Super Nova + Level I Internet Not Offered
c Pre-selected countries include: Canada, China, Argentina, Russia, Korea, Germany, Italy, France, Ireland, Greece, Australia, Spain, UK, Japan and Hong Kong (mobile only). No cell phone numbers would be applicable, except in the case of Hong Kong. d Caller ID, Caller ID Name, Call Waiting, Call Waiting Caller ID, Call Transfer, Repeat Dial, Return Call, Call Forwarding, Auto-Forward Call if
power fails, Hunt Groups (Call Forward Busy), Call Forward No Answer (Follow Me Services), Call notification via text messaging,
Voicemail, Voicemail to email, Anonymous Call Blocking, Subjective Call Blocking, Telemarketer tone block, Outgoing Call ID block,
Distinctive Ringing, Do Not Disturb, Wake Up Calls, Speed Dial numbers, and 3-Way Calling. e Most other countries not included in Note m above c Cable and Internet Double Play Packages (Rates do not include taxes and fees.) Digital Phone and Internet Double Play Packages (Rates do not include taxes and fees.) 46 183 of 206
Appendix - CityNet FY2022-23
Super Nova II + Level I Internet Not Offered
Super Nova III + Level I Internet Not Offered
Galaxy + Level I Internet Not Offered
Limited + Phone Not Offered
Expanded + Phone Not Offered
Digital Basic + Phone Not Offered
Encore + Phone Not Offered
Stellar + Phone Not Offered
Stellar 2 + Phone Not Offered
Stellar 3 + Phone Not Offered
Stellar 4 + Phone Not Offered
Stellar Galaxy + Phone Not Offered
Star + Phone Not Offered
Star 2 + Phone Not Offered
Star 3 + Phone Not Offered
Star 4 + Phone Not Offered
Star Galaxy + Phone Not Offered
Super Nova + Phone Not Offered
Super Nova II + Phone Not Offered
Super Nova III + Phone Not Offered
Galaxy + Phone Not Offered
Cable and Digital Phone Double Play Packages (Rates do not include taxes and fees.) 47 184 of 206
Appendix - CityNet FY2022-23
Limited Triple Play Not Offered
Expanded Triple Play Not Offered
Digital Basic Triple Play Not Offered
Encore Triple Play Not Offered
Stellar Triple Play Not Offered
Stellar 2 Triple Play Not Offered
Stellar 3 Triple Play Not Offered
Stellar 4 Triple Play Not Offered
Stellar Galaxy Triple Play Not Offered
Star Triple Play Not Offered
Star 2 Triple Play Not Offered
Star 3 Triple Play Not Offered
Star 4 Triple Play Not Offered
Star Galaxy Triple Play Not Offered
Super Nova Triple Play Not Offered
Super Nova II Triple Play Not Offered
Super Nova III Triple Play Not Offered
Galaxy Triple Play Not Offered
Triple Play Packages with Internet Level I (Rates do not include taxes and fees.) 48 185 of 206
Appendix: Garbage Services
Garbage Services Effective
October 1, 2021
Residential (1-3 units)
Weekly Refuse and Recycling Services, including the green cart Toter - 20 gallon $25.22
Toter - 32 gallon $32.53
Toter - 64 gallon $65.06
Toter - 96 gallon $97.59
Low Income 32 gallon $24.40
Each additional 32 gallon $32.53
Additional 96 gallon green waste $9.84
Extra Bag Service per pick up (approximately 32 $15.29
gal)
Contaminated recycling penalty $30.58
Multi-Unit (4+ units)
Weekly Refuse and Specialized Recycling Services
Bins, Cans & Carts (4-99 units) – per unit $32.53
Bins (100+ units) – per unit $30.90
Bin Rental - 1 yard $40.92
Bin Rental - 2 yard $47.48
Saturday services will be charged at a rate of 1.5 times the regular weekday rate Debris Boxes (Includes delivery and pick up)
4 yard mini - Per day $213.97
6 yard mini - Per day $270.29
7 yard debris - 1-5 business days $518.04
16 yard debris - 1-5 business days $574.30
20 yard debris - 1-5 business days $630.65
25 yard debris - 1-5 business days $788.26
25 yard debris - recyclables only $450.43
30 yard debris - 1-5 business days
Debris Box hold-overs – After 5
th day
$914.39
10% of rate per day
Compacted Garbage - per yard $64.16
Key/Lock Service
1 per week $11.76
2 per week $23.52
3 per week $35.28
4 per week $47.04
5 per week $58.80
Saturday $17.64
Inside Pull-Out Service
0-25 feet $10.28
Excess Disposal/Overflowing Container Penalty
Per occurrence $16.71
49 186 of 206
Appendix - Garbage
Garbage Services Effective
October 1, 2021
32 gallon $41.34
64 gallon $82.65
96 gallon $124
32 gallon $31.01
64 gallon $62.03
96 gallon $93.04
Pickup per week 1 yard 2 yard 3 yard 4 yard 6 yard
1 x per $173.50 $346.87 $483.36 $595.17 $818.88
2 x per $347.00 $693.72 $966.71 $1,190.35 $1,637.76
3 x per $520.51 $1,040.60 $1,450.06 $1,785.50 $2,456.62 4 x per $694.02 $1,387.47 $1,933.42 $2,380.68 $3,275.51 5 x per $867.50 $1,734.34 $2,416.77 $2,975.85 $4,094.38 Sat. pickups $260.26 $520.29 $725.02 $892.75 $1,228.31
Extra pickup $40.05 $80.03 $111.51 $137.36 $188.95
Bin Rental $40.92 $47.48 $51.80 $55.58 $59.67
Pickup per week 1 yard 2 yard 3 yard 4 yard 6 yard
1 x per $130.11 $260.13 $362.53 $446.39 $614.16
2 x per $260.27 $520.27 $725.05 $892.78 $1,228.31
3 x per $390.40 $780.39 $1,087.57 $1,339.17 $1,842.45
4 x per $520.52 $1,040.52 $1,450.09 $1,785.57 $2,456.60 5 x per $650.64 $1,300.67 $1,812.61 $2,231.99 $3,070.76 Sat. pickups $195.19 $390.22 $543.78 $669.59 $921.23
Extra pickup $30.03 $60.02 $83.64 $103.01 $141.73
Bin Rental $30.67 $35.61 $38.85 $41.68 $44.77
ORGANICS Commercial Container Services (Effective October 1, 2021) Special Disposal Services for Bulky Goods
Commercial Regular Toter Services
Once weekly, Refuse and Specialized Recycling Services
Regular Commercial Container Services (Effective October 1, 2021) Commercial O
RGANICS Toter Services
Once weekly, Refuse and Specialized Recycling Services
Special disposal services of bulky goods shall be provided by Recology San Bruno at rates calculated by Recology depending upon size, weight and means of disposal of items. Recology San Bruno shall make available a list of standard rates for frequently disposed of bulky goods. Rates for special disposal services of bulky goods are subject to review and modification by the City Council Saturday service will be charged at a rate of 1.5 times the regular weekday rate Saturday service will be charged at a rate of 1.5 times the regular weekday rate 50 187 of 206
Appendix
Appendix: Stormwater Services
Stormwater
Minimum Per APN $23.08
$ Per 1,000 Square Feet, Lot Size $2.0982
Minimum Per APN $46.16
$ Per 1,000 Square Feet, Lot Size $4.1964
Miscellaneous/Agriculture/Vacant/Condominium
All Other
Property Use
51 188 of 206
Effective September 1,
2021
Single-Family Residential $32.27
All Other Accounts (Based on Water Meter Size)
3/4 Inch Meter $32.27
1 Inch Meter $53.78
1 1/2 Inch Meter $107.57
2 Inch Meter $172.11
3 Inch Meter $322.70
4 Inch Meter and above $537.83
Rate Code R-1 - Each Unit of Water (100 cubic ft.) $12.37 Commercial
Rate Code C-1 $11.50
Rate Code C-2 $12.37
Rate Code C-3 $17.61
Rate Code C-4 $22.86
Institutional and Government Facilities
Rate Code G $12.37
Industrial
Rate Code I-1 $12.37
Rate Code I-2
Rate per hundred cubic feet $8.88
Rate per pound of COD $0.68
Rate per pound of Suspended Solids $1.41
Single-Family or Duplex $5,624
Multi-Family (3 or more dwelling units) $4,499
3/4 Inch Meter $5,624
1 Inch Meter $9,373
1 1/2 Inch Meter $18,747
2 Inch Meter $29,994
3 Inch Meter $56,240
4 Inch Meter $93,733
6 Inch Meter $187,465
8 Inch Meter $299,944
Residential
Capacity Charges
Residential (Capacity charge per residential dwelling unit) Non-Residential (Capacity charge based on water meter size) Appendix: Wastewater Services
Monthly Service Charge
Quantity Charge
52 189 of 206
Effective September 1,
2021
Engineering Design and Service Location
Actual Cost of Staff
Time
Security Deposit $50.00
New Account/Transfer Charge $40.00
Returned Check City Fee
Field/Special Appointment
During regular Business hours $30.00
After Hour Service $60.00
Tapping, Service Connection or Cross-Connection inspection, miscellaneous work
Actual Cost of Staff Time
and Materials
Fines and Penalties
Illegal Connection per occurrence $750.00
Additional occurrence $250.00
First Payment Delinquent After 21 Days
Second Payment Delinquent After 41 Days
-and-
For All Others, Delinquent After 21 days The greater of $10.00 or
10% of unpaid current
billing of unpaid billing
balance
Residential Customers Billed Bi-Monthly
Office
Appendix: Wastewater Services
Service Charges
53 190 of 206
Appendix: Water Services
Effective September 1, 2021
Single-Family Residential $25.58
All Other Accounts (Based on Water Meter Size)
3/4 Inch Meter $25.58
1 Inch Meter $42.63
1 1/2 Inch Meter $85.27
2 Inch Meter $136.43
3 Inch Meter $255.80
4 Inch Meter $426.33
6 Inch Meter $852.67
8 Inch Meter $1,364.27
10 Inch Meter $1,961.13
Fire Flow Capacity, Per Inch Diameter $10.00
0-10 units per billing period (two-months) $9.01
11-20 units per billing period (two-months) $10.78
each unit in excess of 20 per billing period $14.33
All other accounts $10.11
Single-Family or Duplex $6,440
Multi-Family (3 or more dwelling units) $4,186
3/4 Inch Meter $6,440
1 Inch Meter $10,723
1 1/2 Inch Meter $21,478
2 Inch Meter $34,359
3 Inch Meter $64,402
4 Inch Meter $107,326
6 Inch Meter $214,685
8 Inch Meter $343,490
Engineering Design and Service Location Actual Cost of Staff time Security Deposit $25.00
New Account/Transfer Charge $10.00
Returned Check City Fee
Monthly Service Charge
Quantity Charge
Office
Single-Family Residential
Capacity Charge
Residential (Capacity charge per residential dwelling unit) Non-Residential (Capacity charge based on water meter size) Service Charges
Fire Service Lines
54 191 of 206
Appendix: Water Services Effective September 1, 2021
Special Permits (hydrants, irrigations, etc.)
Actual Cost of Staff time and
materials
During Regular Business Hours $30.00
After Hour Service $60.00
Meter Set Size
3/4 Inch Meter 206.84
1 Inch Meter 259.14
1 1/2 Inch Meter 624.2
2 Inch Meter 2068.7
3 Inch Meter 2647.27
4 Inch Meter 2422.93
6 Inch Meter 8188.81
8 Inch Meter 14931.72
10 Inch Meter 26119.78
Automatic Meer Reader (AMR) transmitter, as
required by City
219.08
Labor Actual Cost
Equipment Actual Cost
Meter, Pipe, and other materials Actual Cost
Administrative Fee 15% of total installation cost
Refundable Deposit
Equals Cost of Meter which
varies by Size
Connect/Disconnect $120.00
Miscellaneous Work
Actual Cost of Staff time and
materials
Unauthorized Water Use, Illegal Turn-Ons
and Open Meter Bypass, Illegal Connection
per
occurrence
$750.00 per
occurrence
Additional occurrence $250.00
For Residential Customers Billed Bi-Monthly:

First Payment Delinquent After 21 Days
Second Payment Delinquent After 41 Days
-and-
For All Others, Delinquent After 21 Days
Turn-On/Turn-Off for Late Payments
billing balance plus 0.5% of
unpaid prior billing balance,
$90.00 per occurrence
Construction Water Meter
Fines and Penalties
The greater of $10.00
or
10% of unpaid current
Field
Turn-On/Turn-Off, New Service, Special and Final Meter Readings, and Special Appointments Installation or Change of Meter
55 192 of 206
Appendix: Schedule of Taxes
Schedule of Tax
Business License Tax
Gross Receipts Annual Tax
Less than $75,000 $ 75.00
$75,000 or more, but less
than $100,000 $ 100.00
Over $100,000
$110.00, plus $5.25
for each additional
$5,000 or fraction
thereof up to $500,000
Over $500,000
$530.00, plus $4.00 for each
additional $5,000 or fraction
thereof up to $1,000,000
Over $1,000,000
$930.00, plus $2.75 for each
additional $5,000 or fraction
thereof up to $5,000,000
Over $5,000,000
$3,130.00, plus $1.65 for
each additional $5,000
or fraction thereof.

Area of Place of Business
Occupied Annual tax
999 square feet or less $ 150.00
1,000--2,499 square feet 250.00
2,500--4,999 square feet 350.00
5,000--9,999 square feet 550.00
10,000 square feet or more 850.00
Every person having a fixed place of business transacting, engaging in, or carrying on a business in the city, except a business as to which the tax rate established by another section of this article is made specifically applicable, shall pay a business license tax based upon the annual gross receipts of such businesses as follows:

Generally applicable tax rate.

Every person who, at a fixed place of business within the City, transacts, engages in, or carries on any central administrative office, auxiliary unit or manufacturing establishment shall pay an annual license tax based upon the area of the place of business occupied and the average number of persons employed, as follows:

Central administrative offices, auxiliary units manufacturing. 56 193 of 206
Appendix - Business Tax
1—10 $7.50 per employee
11—25
$75.00, plus $5.00
for each employee in
excess of 10
26—50
$195.00, plus $4.00
for each employee in
excess of 25
51 or more
$350.00, plus $3.00
for each employee in
excess of 50
Type of concession Quarterly tax
A. Merry-go-round, ferris wheel, dodgem, swing or
other mechanical device for the carrying of passengers
$75.00
B. Ball and ring throwing games, spin-the-wheel, mechanical and electrical games, shooting gallery, keno, lotto, and similar games of chance
$50.00
C. Sales of merchandise or foodstuff, not in
connection with any game of chance $30.00
Commercial property rental.

Bowling alleys and similar games
Every person conducting the business of commercial property rental shall pay an annual license tax of a $50.00 base fee and $10.00 for up to the first 1,000 square feet and $10.00 for each additional 1,000 square feet of property available for commercial rental.

Every person conducting a public bowling alley, skee ball, bat ball, or other similar device, equipment or means of entertainment shall pay an annual license tax of $40.00 for each alley.

Number of Employees Additional Annual Tax
Amusement concessions
Every person conducting any amusement concession, not in conjunction with a carnival or fair, shall pay a license tax for each concession and device as follows:

Every person conducting the business of apartment house or rooming house shall pay an annual license tax of $50.00 base fee and $1.00 for each room, based on a three room minimum.

Apartment and rooming houses.
57 194 of 206
Appendix - Business Tax
Tables Permitted by 1995 Quarterly Tax FY2021-22 Quarterly Tax Gambling Club License Per Table (Base) per Table
Minimum 10 $ 400 $840
11 to 15 1,200 2,521
16 to 20 1,800 3,784
21 to 25 2,400 5,046
26 to 30 3,000 6,308
31 to 35 3,600 7,571
36 to 40 4,200 8,829
41 to 45 4,800 10,096
46 to 50 5,400 11,357
51 to 55 6,000 12,620
56 to 60 6,600 13,878
Nonresident contractors and other businesses
Every person not having a fixed place of business in the city who:

A. Engages in the business of contracting within the city; or
B. Engages in a business within the city not specifically licensed by another section of this article shall pay a license tax of $75.00 per year.

No person shall operate, maintain, or permit to be operated or maintained in any place of business or premises open to the public or under his control any mechanical amusement device without having first paid the business license tax of $30.00, applied for and received a license therefore.

Gambling Clubs
Every person conducting any carnival, circus, menagerie, wild west show, rodeo, any other like or similar exhibition or amusement shall pay a license tax of $300.00 for the first day, and $75.00 for each additional day, payable in advance.

Every person, corporation, partnership or other entity conducting the business of a gambling club shall pay a quarterly tax in advance, and due on January 1st, April 1st, July 1st and October 1st of each calendar year. Commencing January 1, 1995, the tax per quarter shall be calculated as follows:

Beginning with the above schedule, the tax paid by gambling clubs shall automatically increase July 1st of each year, commencing July 1, 1995, by the greater of 2% or the average of the annual percentage increase in the All Urban Consumer Price Index for the San Francisco/ San Jose/Oakland area for the months ending February 28th (or 29th) and April 30th.

Electrical musical devices
Boxing or wrestling exhibitions
Carnivals and circuses
Every person staging a boxing or wrestling exhibition shall pay a license tax of $200.00 for each such exhibition.

No person shall operate or maintain or permit to be operated or maintained in any place of business or premises open to the public and occupied by or under the control of such person any electrical musical device without having first paid a yearly business license tax of $25.00, applied for and received a license for each electrical musical device so operated and maintained.

Mechanical, electronic, and video amusement devices
58 195 of 206
Appendix - Business Tax
Every person, corporation, partnership or other entity conducting the business of an airport parking facility shall pay a quarterly tax due as follows. Airport Parking Facility means any privately owned or operated facility with the purpose of providing, for any form of consideration, parking or storage for motor vehicles, motorcycles, or other similar means of conveyances for persons going to or from the San Francisco International Airport.

The airport parking facility tax shall be 8% of gross receipts. Said tax shall only be applicable to gross receipts generated by the parking or storage of vehicles, at the airport parking facility. Each operator of an airport parking facility shall, on or before the last day of the month following the close of each calendar quarter, make a return to the City of the total tax. At the time the return is filed, the full amount of the tax shall be remitted to the City. Upon a finding of public benefit, the City Council may, by ordinance, decrease the airport parking facility tax set forth above.

Condominium projects
A business license tax is imposed solely for revenue purposes upon the development and construction of all condominium projects, in the sum of one thousand dollars per planned salable condominium unit. No tax shall be imposed upon the development and construction of a condominium unit for which a completed sale or transfer of interest to the purchaser or occupant has occurred.

Single-family residential structures
A single-family residential business license tax is imposed solely for revenue proposes upon the development and construction of all single-family residential structures in the sum of $1,000.00 per planned salable unit.

Airport Parking Facility
Every person engaged in the business of operating or maintaining and offering for use by patrons any shuffleboards or other game or amusement device other than a mechanical amusement device otherwise licensed, shall pay in advance an annual license tax of $15.00 for each such game.

Temporary vendors
Every person conducting the business of temporary vendor shall pay an annual business license tax of $40.00 for the first day and $10.00 per day for each subsequent day.

1. If the dancing is accompanied by mechanized music, an annual tax of $200.00 dollars;

2. If the dancing is accompanied by live or unmechanized music, an annual tax of $450.00.

Peddlers and solicitors
Every person who conducts the business of peddler or solicitor shall pay a business license tax of $40.00 per day for the first day and $10.00 per day thereafter.

Public dances -- Place of public dance
Every person conducting a public dance shall pay a business license tax of $50.00. Every person operating a business in which public dancing is performed, conducted, allowed, carried on, or proposed to be performed, conducted, allowed, or carried on not less than three times or on three days within a period of six months shall pay a business license tax as follows:

Shuffleboards
59 196 of 206
Appendix - Business Tax
Real Property Documentary Stamp (Property Transfer) Tax The tax imposed is on each deed, instrument, or writing by which any lands, tenements, or other realty sold within the City shall be granted, assigned, transferred or otherwise conveyed to or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed exceeds $100.00.

The rate of such tax is $0.275 for each five hundred dollars or fraction thereof.

Transient Occupancy Tax
For the privilege of occupancy in any hotel or motel, each transient is subject to and shall pay a tax in the amount of 14% of the rent charged by the operator. 60 197 of 206
Delinquent
Description Fine Fee
Drive|Park Public Grounds $50.00 $42.00
Bicycle on Sidewalk $50.00 $42.00
Vending in Vista Area $50.00 $42.00
Permit Parking $75.00 $42.00
Parked in Fire Lane $100.00 $42.00
Within an Intersection $100.00 $42.00
Crosswalk $100.00 $42.00
Between Zone and Curb $50.00 $42.00
15 ft. of Firehouse $50.00 $42.00
Blocking a Driveway $50.00 $42.00
Parking on a Sidewalk $50.00 $42.00
Near Excavation $50.00 $42.00
Double Parking $100.00 $42.00
Loading Zone $75.00 $42.00
Parked in Tunnel $50.00 $42.00
Parked on Bridge $50.00 $42.00
Pkd Red Zone Accessible Curb Ramp $308.00 $42.00
Parked Within 18-in of Curb $50.00 $42.00
Within 18-in of Curb $50.00 $42.00
Posted No Parking State Highway $75.00 $42.00
Accessible Parking $338.00 $42.00
Accessible Crosshatch $338.00 $42.00
Accessible Space/Crosshatch $338.00 $42.00
Crosshatch $338.00 $42.00
Parked Within 15 ft of Hydrant $50.00 $42.00
Unattended Running Vehicle $50.00 $42.00
Stopped 7-1/2’ of RIR Track $50.00 $42.00
Obstruct Sidewalk access/Accessible Curb Ramp $338.00 $42.00 Abandoned Vehicle $115.00 $42.00
Rear Reflectors req. $10/proof $50.00 $42.00
Turn Signals req. $10/proof $50.00 $42.00
Mirrors Required req. $10/proof $50.00 $42.00
Windshield Required req. $10/proof $50.00 $42.00
No Gas Cap req. $10/proof $50.00 $42.00
Low Tire Tread req. $10/proof $50.00 $42.00
Mudguard Required req. $10/proof $50.00 $42.00
Unregistered Vehicle req. $10/proof $63.00 $42.00
Foreign Registration $50.00 $42.00
Stolen Plates/Fail to Report $50.00 $42.00
Appendix 1: Schedule of Parking Penalty and Fine Forfeiture Schedule of Parking Penalty and Fine Forfeiture
The California Vehicle Code authorizes the City Council to establish local parking regulations and to set penalties for violations.
61 198 of 206
Delinquent
Description Fine Fee
Improper Use of Registration $133.00 $42.00
False Evidence of Registration $133.00 $42.00
Reg. Displayed Wrong Vehicle $50.00 $42.00
License Plate/wrong vehicle $514.00 $42.00
Use Motor Vehicle Human Habi Prohibited $50.00 $42.00
Display of Plates req. $10/proof $50.00 $42.00
Position of Plates req. $10/proof $50.00 $42.00
Impair Recognition of License Plate req. $10/proof $100.00 $42.00 License Plate Cover - $10/proof $50.00 $42.00
Improper Display-Plates req. $10/proof $50.00 $42.00
No Tabs req. $10/proof $50.00 $42.00
Bus Zone / Red Zone / Sign $50.00 $42.00
No Parking / Curb Red $50.00 $42.00
Parking Median Strip $50.00 $42.00
No Parking Anytime/Red Zone $50.00 $42.00
Street Cleaning $40.00 $42.00
Fire Lane $100.00 $42.00
Loading Zone $75.00 $42.00
Yellow/Green/White Zone $75.00 $42.00
Accessible Parking Space $100.00 $42.00
Wheels not Curbed on Street $50.00 $42.00
Wheels not Curbed off Street $50.00 $42.00
Parked Over 72 Hours $100.00 $42.00
Vehicle Parking Disposal for Sale $50.00 $42.00
Repair of Vehicle on Street $75.00 $42.00
Overtime Parking $75.00 $42.00
Parked Outside of Markings $75.00 $42.00
No Parking or Standing $100.00 $42.00
Parking on City Property $50.00 $42.00
Designated Comm Route $100.00 $42.00
Ex Wt Hire Adver. Out of Com RT $110.00 $42.00
Restricted Comm Parking Oversize $100.00 $42.00
Removal of Markings / chalk $100.00 $42.00
Parked on Front Lawn $50.00 $42.00
Abandoned Veh Private Prop $128.00 $42.00
Admin Cost to Remove Vehicle $100.00 $42.00
Taxi Zone $50.00 $42.00
Obstructing Flow of Traffic $100.00 $42.00
Within 15 ft of Fire Hydrant $50.00 $42.00
Red Zone $100.00 $42.00
Yellow Zone $75.00 $42.00
Parked After Hours $50.00 $42.00
No Pkg Signed Area $100.00 $42.00
Appendix 1: Schedule of Parking Penalty and Fine Forfeiture Schedule of Parking Penalty and Fine Forfeiture (continued) 62 199 of 206
Fire Trail $100.00 $42.00
Equestrian or Hiking Trail $50.00 $42.00
Blocking Entrance/Exit Gate $100.00 $42.00
Lawn or Grassy Area $50.00 $42.00
Picnic Area $50.00 $42.00
Take up More Than One Space $75.00 $42.00
Administrative Fee $0.00 $0.00
Returned Check Fee $25.00 $0.00
Appendix 1: Schedule of Parking Penalty and Fine Forfeiture Schedule of Parking Penalty and Fine Forfeiture (continued) 63 200 of 206
Delinquent
Description Fine Fee
Collection Fee $0.30 $0.00
Correctable Amount $10.00 $0.00
Effective Date of Fines $0.00 $0.00
ICS Collection Fee $25.00 $0.00
Original Citation Not Received $0.00 $0.00
Appendix 1: Police Department (continued)
(2) Any charges shall be collected by the local or state authority only from the person claiming title to the firearm, ammunition feeding device, or ammunition.
(4) A charge shall not be imposed for a hearing or appeal relating to the removal, impound, storage, or release of any firearm, ammunition feeding device, or ammunition, unless that hearing or appeal was requested in writing by the legal owner of the property. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.
(e) Costs for a hearing or appeal related to the release of any firearm, ammunition feeding device, or ammunition shall not be charged to the legal owner who redeems the property, unless the legal owner voluntarily requests the post storage hearing or appeal. A city, county, city and county, or state agency shall not require a legal owner to request a post storage hearing as a requirement for release of the firearm, ammunition feeding device, or ammunition to the legal owner.
(f) This section shall become operative on July 1, 2020.

Firearm Storage Fees
33875. (a) Notwithstanding any other law, no law enforcement agency or court shall be required to retain any firearm, ammunition feeding device, or ammunition for more than 180 days after the owner has been notified by the court or law enforcement agency that the property has been made available for return. An unclaimed firearm, ammunition feeding device, or ammunition may be disposed of after the 180-day period has expired. (b) This section shall become operative on July 1, 2020. 33880. (a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution imposing a charge equal to its administrative costs relating to the seizure, impounding, storage, or release of any firearm, ammunition feeding device, or ammunition.
(Repealed and added by Stats. 2018, Ch. 780, Sec. 22. (SB 746) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
(b) The fee under subdivision (a) shall not exceed the actual costs incurred for the expenses directly related to taking possession of any firearm, ammunition feeding device, or ammunition, storing it, and surrendering possession of it to a licensed firearms dealer or to the owner.
(c) The administrative costs described in subdivisions (a) and (b) may be waived by the local or state agency upon verifiable proof that the firearm, ammunition feeding device, or ammunition was reported stolen at the time it came into the custody or control of the law enforcement agency. (d) The following apply to any charges imposed for administrative costs pursuant to this section:
(1) The charges shall only be imposed on the person claiming title to the firearm, ammunition feeding device, or ammunition.
(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code. 64 201 of 206
Appendix 1: Schedule of Parking Penalty and Fine Forfeiture Continued
Vehicle Storage Fees
21721. (a) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may cause the removal and seizure of a pocket bike, upon the notice to appear for a violation of Section 21720. A pocket bike so seized shall be held for a minimum of 48 hours. (b) A violator of this section shall be responsible for all costs associated with the removal, seizure, and storage of the pocket bike.
(c) A city, county, or city and county may adopt a regulation, ordinance, or resolution imposing charges equal to its administrative costs relating to the removal, seizure, and storage costs of a pocket bike. The charges shall not exceed the actual costs incurred for the expenses directly related to removing, seizing, and storing a pocket bike. (d) An agency shall release a seized pocket bike to the owner, violator, or the violator’s agent after 48 hours, if all of the following conditions are met:
(1) The violator or authorized agent’s request is made during normal business hours. (2) The applicable removal, seizure, and storage costs have been paid by the owner, or any other responsible party.
(Added by Stats. 2005, Ch. 323, Sec. 4. Effective January 1, 2006.) 22850.5. (a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution establishing procedures for the release of properly impounded vehicles to the registered owner or the agent of the registered owner and for the imposition of a charge equal to its administrative costs relating to the removal, impound, storage, or release of the vehicles to the registered owner or to the agent of the registered owner.

Those administrative
costs may be waived by the local or state authority upon verifiable proof that the vehicle was reported stolen at the time the vehicle was removed.(b) The following apply to any charges imposed for administrative costs pursuant to subdivision (1) The charges shall only be imposed on the registered owner or the agents of that owner and shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs.
(2) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner.
(3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code. (4) No charge may be imposed for any hearing or appeal relating to the removal, impound, storage, or release of a vehicle unless that hearing or appeal was requested in writing by the registered or legal owner of the vehicle or an agent of that registered or legal owner. In addition, the charge may be imposed only upon the person requesting that hearing or appeal.

No administrative costs authorized under subdivision (a) shall be charged to the legal owner who redeems the vehicle unless the legal owner voluntarily requests a post storage hearing. No city, county, city and county, or state agency shall require a legal owner or a legal owner’s agent to request a post storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The impounding agency, or any person acting on behalf of the agency, shall not require the legal owner or the legal owner’s agent to produce any documents other than those specified in paragraph (3) of subdivision (f) of Section 14602.6 or paragraph (3) of subdivision (e) of Section 14602.7. The impounding agency, or any person acting on behalf of the agency, shall not require any documents to be notarized. (Amended by Stats. 2015, Ch. 740, Sec. 17. (AB 281) Effective January 1, 2016.)
65 202 of 206
City of San Bruno - User Fee
Fully Burdened Hourly Rate Calculation
Department Fully Burdened Hourly Rate
FY2022-23
001: BUILDING INSPECTION $163.44
001: BUILDING INSPECTION $224.47
001: BUILDING INSPECTION $150.80
001: BUILDING INSPECTION $293.29
001: BUILDING INSPECTION $149.42
001: BUILDING INSPECTION $172.23
641: CABLE FUND $124.34
641: CABLE FUND $135.57
641: CABLE FUND $143.39
641: CABLE FUND $192.68
641: CABLE FUND $269.33
641: CABLE FUND $165.65
641: CABLE FUND $178.03
641: CABLE FUND $134.61
641: CABLE FUND $138.48
641: CABLE FUND $111.49
641: CABLE FUND $164.59
641: CABLE FUND $135.91
001: CITY CLERK $137.00
001: CITY CLERK $105.48
702: FACILITY MAINTENANCE FUND $106.74
702: FACILITY MAINTENANCE FUND $82.54
702: FACILITY MAINTENANCE FUND $90.89
702: FACILITY MAINTENANCE FUND $182.06
702: FACILITY MAINTENANCE FUND $135.97
702: FACILITY MAINTENANCE FUND $124.43
702: FACILITY MAINTENANCE FUND $102.93
702: FACILITY MAINTENANCE FUND $115.27
702: FACILITY MAINTENANCE FUND $220.60
001: FINANCE $125.40
001: FINANCE $161.14
001: FINANCE $114.42
001: FINANCE $223.96
001: FINANCE $163.50
001: FIRE $133.82
001: FIRE $248.37
001: FIRE $225.14
001: FIRE $287.25
001: FIRE $191.88
001: FIRE $170.51
701: CENTRAL GARAGE $238.52
66 203 of 206
City of San Bruno - User Fee
Fully Burdened Hourly Rate Calculation
Department Fully Burdened Hourly Rate
701: CENTRAL GARAGE $184.05
701: CENTRAL GARAGE $160.45
701: CENTRAL GARAGE $182.17
701: CENTRAL GARAGE $152.80
701: CENTRAL GARAGE $299.83
001: LEGAL SERVICES $325.72
001: LEGAL SERVICES $163.39
001: LIBRARY $120.98
001: LIBRARY $210.38
001: LIBRARY $293.77
001: LIBRARY $145.70
001: LIBRARY $159.35
001: LIBRARY $144.74
001: LIBRARY $209.67
001: MANAGEMENT SERVICES $222.08
001: MANAGEMENT SERVICES $158.11
001: MANAGEMENT SERVICES $244.49
001: PARK MAINTENANCE $107.38
001: PARK MAINTENANCE $268.91
001: PARK MAINTENANCE $130.55
001: PARK MAINTENANCE $148.80
001: PARK MAINTENANCE $137.40
001: PARK MAINTENANCE $110.02
001: PARK MAINTENANCE $118.42
001: PARK MAINTENANCE $139.95
001: PARK MAINTENANCE $165.93
001: PLANNING $134.75
001: PLANNING $160.37
001: PLANNING $120.43
001: PLANNING $267.08
001: PLANNING $128.50
001: PLANNING $149.19
001: PLANNING $180.91
001: PLANNING $176.80
001: POLICE $149.01
001: POLICE $123.04
001: POLICE $101.17
001: POLICE $134.51
001: POLICE $232.74
001: POLICE $111.51
001: POLICE $217.83
001: POLICE $160.37
001: POLICE $163.00
001: POLICE $191.07
001: POLICE $123.82
67 204 of 206
City of San Bruno - User Fee
Fully Burdened Hourly Rate Calculation
Department Fully Burdened Hourly Rate
001: POLICE $144.70
001: PUBLIC WORKS ADMIN. $178.53
001: PUBLIC WORKS ADMIN. $226.30
001: PUBLIC WORKS ADMIN. $157.08
001: PUBLIC WORKS ADMIN. $137.82
001: PUBLIC WORKS ADMIN. $151.31
001: PUBLIC WORKS ADMIN. $190.66
001: PUBLIC WORKS ADMIN. $279.68
001: RECREATION $100.89
001: RECREATION $247.57
001: RECREATION $172.30
001: RECREATION $120.40
001: RECREATION $118.86
001: REVENUE SERVICES $149.54
001: REVENUE SERVICES $112.10
001: REVENUE SERVICES $123.29
001: REVENUE SERVICES $196.96
001: REVENUE SERVICES $145.58
001: SENIOR CENTER MGT. $100.86
001: SENIOR CENTER MGT. $250.30
001: SENIOR CENTER MGT. $177.80
001: SENIOR CENTER MGT. $121.81
001: SENIOR CENTER MGT. $139.88
001: SENIOR NUTRITION $97.65
122: SOLID WASTE/RECYCLE $121.48
122: SOLID WASTE/RECYCLE $133.86
631: WASTEWATER FUND $185.70
621: STORMWATER FUND $191.82
631: WASTEWATER FUND $152.73
631: WASTEWATER FUND $152.83
621: STORMWATER FUND $116.29
621: STORMWATER FUND $117.85
621: STORMWATER FUND $160.26
621: STORMWATER FUND $241.64
621: STORMWATER FUND $94.19
621: STORMWATER FUND $109.14
001: STREETS $278.39
001: STREETS $172.50
001: STREETS $174.70
001: STREETS $232.76
001: STREETS $213.07
001: STREETS $346.47
001: STREETS $152.36
001: STREETS $145.16
001: STREETS $163.92
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City of San Bruno - User Fee
Fully Burdened Hourly Rate Calculation
Department Fully Burdened Hourly Rate
707: TECHNOLOGY DEVELOPMENT $147.93
707: TECHNOLOGY DEVELOPMENT $183.27
707: TECHNOLOGY DEVELOPMENT $212.31
631: WASTEWATER FUND $175.75
631: WASTEWATER FUND $141.31
631: WASTEWATER FUND $144.74
631: WASTEWATER FUND $178.21
631: WASTEWATER FUND $178.82
631: WASTEWATER FUND $297.15
631: WASTEWATER FUND $123.94
631: WASTEWATER FUND $131.31
631: WASTEWATER FUND $151.16
631: WASTEWATER FUND $133.79
611: WATER FUND $174.61
611: WATER FUND $224.83
611: WATER FUND $143.77
611: WATER FUND $143.86
611: WATER FUND $133.02
611: WATER FUND $147.57
611: WATER FUND $184.34
611: WATER FUND $147.20
611: WATER FUND $168.82
611: WATER FUND $279.70
611: WATER FUND $114.00
611: WATER FUND $128.55
611: WATER FUND $146.08
611: WATER FUND $125.95
611: WATER FUND $184.34
611: WATER FUND $146.44
001: FINANCE $16.45
001: LIBRARY $28.21
001: LIBRARY $23.17
001: RECREATION $26.13
001: RECREATION $20.67
001: RECREATION $26.24
001: RECREATION $19.87
001: RECREATION $21.07
001: POLICE $24.85
001: POLICE $52.04
001: POLICE $33.08
001: BUILDING INSPECTION $112.80
001: BUILDING INSPECTION $209.49
69 206 of 206

San Bruno City CouncilApril 12, 2022

San Bruno City Council
April 12, 2022