Agenda packet, regular meeting — San Bruno City Council, July 26, 2022 (part 1 of 2)

"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AB361
CORONAVIRUS COVID19
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. Pursuant 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 inperson attendance. Members of the public may attend the meeting by video or phone linked in this agenda or watch by livestream at 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) 6167070 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
July 26, 2022
7:00 PM
Zoom Meeting Details
https://sanbrunocagov.zoom.us/j/88167328441?
pwd=R3IzUENiTlphY2UvbGFjRXBKQkgzQT09
Webinar or Meeting ID: 881 6732 8441
Webinar or Meeting Password: 442213
Zoom Phone Line: 16465588656 (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. The nomination period for the November 2022 Municipal Election opened on Monday, July 18, 2022. The City of San Bruno recently transitioned to By District Elections, and this November, Districts 1 and 4, as well as the AtLarge Mayor, will be up for election. For information about the November 2022 election, please visit sanbruno.ca.gov/Elections.
b. The next virtual workshop for the Safe Routes to School project is scheduled for July 28, 2022 at noon to provide updates on the planning process and opportunities for feedback on the draft recommendations. We hope you are able to attend. Get more information at sanbruno.ca.gov/SafeRoutes. c. Summer is upon us! That means that the City of San Bruno will happily host Concerts in the Park on Fridays in August, and Movies in the Park on Fridays in September – both at San Bruno City Park in front of the tennis courts. Visit sanbruno.ca.gov/CommunityServices for this and other fun programming for the entire family.
d. National Night Out 2022 is on Tuesday, August 7, 2022. National Night Out is an annual communitybuilding campaign that promotes policecommunity partnerships and neighborhood camaraderie to make our neighborhoods safer and more caring places to live. For more information on National Night Out, visit their website at natw.org. If you are interested in hosting an event in your neighborhood for National Night Out, contact Officer Sexson by Wednesday, July 27, 2022!

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 July 11, 2022 and July 18, 2022 b. Accept Payroll for July 3, 2022
c. Approve Reconciliation of General Ledger to Bank Report Dated April 30, 2022
d. Receive Written Update on the City’s Response Efforts to COVID19 e. 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
f. Adopt Ordinance Amending Ordinance 1087 Providing for Interim Automobile Sales at the Shops at Tanforan, That Was Adopted by the City Council on January 10, 1966, and Subsequently Amended by the City Council, – 1178 El Camino Real. APN: 014316330. PD 2202. Bay Area A.G. Inc. g. Adopt Ordinance:

Amending the Zoning Ordinance to Rezone APN: 019042170 From SingleFamily Residential District (R1) to Planned Development District (PD), Amending an Existing PD District for APNs: 019042150 and 019042160, and Approving a Development Plan, Pursuant to Section

12.96.020 and Chapter 12.136 of the San Bruno Municipal Code Section, for the Proposed Glenview Terrace Residential Subdivision Project (APNs: 019042150, 019042160, and 019042170) (PD13 001); and
Approving a Development Agreement Between the City of San Bruno and New Shidai Development, LLC, for the Glenview Terrace Residential Subdivision Project, Located at 2880 and 2890 San Bruno Ave. W. and 850 Glenview Drive.
h. Adopt Resolution (1) Vacating Public Service Easements Over a Portion of the Property at 14001500 Bayhill Drive, (2) Vacating Roadway Easements Within Bayhill Drive, (3) Accepting the Dedication of Utility and Roadway Easements Within Bayhill Circle, and (4) Authorizing the City Manager to Execute Implementing Conveyance Documents and Agreements in Substantially the Attached Forms; and Adopt Resolution Authorizing Various Curb Markings on Bayhill Circle
i. Adopt Resolution Authorizing the Reclassification of a Budgeted Police Officer Position to a Police Corporal Position and Approve the Transfer of $9,456 From Account #00120105105 to Regular Salary #00120105101 and Related Benefit Accounts to Fund the Reclassification
j. Adopt Resolution Amending the Hourly Wage Schedule for Unclassified, Part time, Temporary and Seasonal Employee Classifications

7. STUDY SESSION
a. Development Services Staffing and Service Contract Update b. Provide Direction on Ballot Measure to Establish Term Limits

8. COMMENTS FROM COUNCIL MEMBERS
a. Rico E. Medina:

SamTrans Service Changes

9. ADJOURNMENT – The next Regular City Council Meeting will be held on August 23, 2022 at 7:00 p.m.
1 of 315
"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AB361
CORONAVIRUS COVID19
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. Pursuant 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 inperson attendance. Members of the public may attend the meeting by video or phone linked in this agenda or watch by livestream at 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.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

7. STUDY SESSION
a. Development Services Staffing and Service Contract Update b. Provide Direction on Ballot Measure to Establish Term Limits

8. COMMENTS FROM COUNCIL MEMBERS
a. Rico E. Medina:

SamTrans Service Changes

9. ADJOURNMENT – The next Regular City Council Meeting will be held on August 23, 2022 at 7:00 p.m.
2 of 315
"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AB361
CORONAVIRUS COVID19
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. Pursuant 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 inperson attendance. Members of the public may attend the meeting by video or phone linked in this agenda or watch by livestream at 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.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

7. STUDY SESSION
a. Development Services Staffing and Service Contract Update b. Provide Direction on Ballot Measure to Establish Term Limits

8. COMMENTS FROM COUNCIL MEMBERS
a. Rico E. Medina:

SamTrans Service Changes

9. ADJOURNMENT – The next Regular City Council Meeting will be held on August 23, 2022 at 7:00 p.m.
3 of 315
"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AB361
CORONAVIRUS COVID19
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. Pursuant 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 inperson attendance. Members of the public may attend the meeting by video or phone linked in this agenda or watch by livestream at 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.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

7. STUDY SESSION
a. Development Services Staffing and Service Contract Update b. Provide Direction on Ballot Measure to Establish Term Limits

8. COMMENTS FROM COUNCIL MEMBERS
a. Rico E. Medina:

SamTrans Service Changes

9. ADJOURNMENT – The next Regular City Council Meeting will be held on August 23, 2022 at 7:00 p.m.
4 of 315
5 of 315
6 of 315
7 of 315
8 of 315
9 of 315
10 of 315

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO

DATE: July 26, 2022

TO: Honorable Mayor and Members of the City Council

FROM: Jovan D. Grogan, City Manager

PREPARED BY: Anh Tran, Payroll Specialist

SUBJECT: Payroll Acceptance

City Council acceptance of the City payroll distributed July 8, 2022 is recommended.

The Labor Summary report reflecting the total payroll amount of $1,606,899.42 for bi- weekly pay period ending July 3, 2022 by fund is shown below:

Fund Amount

Fund: 001 - GENERAL FUND 1,146,167.62
Fund: 006 - AMERICAN RESCUE PLAN ACT 81,964.80
Fund: 122 - SOLID WAIST/RECYCL. 237.19
Fund: 132 - AGENCY ON AGING 1,523.13
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 12,027.15
Fund: 201 - PARKS AND FACILITIES CAPITAL 573.92
Fund: 203 - STREET IMPROVE. PROJECTS 6,710.12
Fund: 611 - WATER FUND 85,306.39
Fund: 621 - STORMWATER FUND 28,268.63
Fund: 631 - WASTEWATER FUND 79,934.53
Fund: 641 - CITYNET SERVICES FUND 85,975.43
Fund: 701 - CENTRAL GARAGE 14,144.93
Fund: 702 - FACILITY MAINT.FUND 37,683.77
Fund: 707 - TECHNOLOGY DEVELOPMENT 19,058.36
Fund: 711 - SELF INSURANCE 7,323.45

Total: 1,606,899.42

___________________________
Qianyu Sun, Finance Director Date
DocuSign Envelope ID: 3815B8D0-C030-4EB1-BEA8-2131A3E700DB 7/12/2022
11 of 315
Cash Fund Total
13,983,467.38 14,040,743.10
11,640,517.62 11,640,517.62
1,235,455.80 1,235,455.80
9,238,762.61 9,238,762.61
3,428,794.51 3,428,794.51
2,614,538.70 2,614,538.70
1,663,180.49 1,663,180.49
2,124,255.09 2,124,255.09
183,726.09 183,726.09
867,517.18 867,517.18
485,306.05 485,306.05
176,455.51 176,455.51
(40,745.88) (40,745.88)
332,798.91 332,798.91
147,699.69 147,699.69
7,253,782.59 7,253,782.59
93,576.40 93,576.40
2,637,705.86 2,637,705.86
2,774,037.08 2,774,037.08
848,753.71 848,753.71
75,000.00 75,000.00

0.00 0.00
700,648.55 700,648.55
1,856,901.25 2,282,726.25
913,260.44 913,260.44
10,615,590.36 10,615,590.36
4,179,685.00 4,179,685.00
410,904.57 410,904.57
511,175.54 511,175.76
47,786,260.19 47,786,331.75
828,271.41 828,271.41
47,607,025.71 47,666,369.59
(15,235,703.35) (15,235,703.35)
213,780.62 213,780.62
699,559.96 699,559.96
3,811,330.90 3,811,330.90
288,019.25 288,019.25
1,213,089.88 1,304,208.38
501,608.60 501,608.60
168,665,994.27
* 169,299,629.15
* Reconciliation of Pooled Cash & Investments to Portfolio Book Value Investment Portfolio Value 152,576,012.14
Cash on hand - Checking Account 17,976,836.47
Payroll and Accounts Payable Outstanding Checks (1,368,456.30) Deposits in Transit (518,398.04)
General Ledger Cash Balance as of April 30, 2022 168,665,994.27 Prepared By:

Reviewed By:

Totals are through period: 10
891 RECOLOGY SAN BRUNO 0.00
Grand Total: 633,634.88
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 59,343.88
302 LEASE DEBT SERVICE 0.22
611 WATER FUND 71.56
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 AGENC Y 0.00
153 RDA OBLIGATION RETIREMENT FUND 425,825.00
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
7/11/2022 4:25:06PM
City of San BrunoThrough period: 10
Through April 2022
DocuSign Envelope ID: 34AC69A5-EEA5-4E66-A06C-D4EF2CF3A918 7/11/2022
7/11/2022
12 of 315
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:July 26, 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: 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 data dashboards through their website, smchealth.org. San Mateo County Health reports as of July 19, 2022, there were a total of 886 cases within the last 30 days in the City of San Bruno; and as of July 18, 2022, approximately 93.4% of San Bruno residents are vaccinated. Additional statistics are attached to this report.

The San Bruno Emergency Operations Center (EOC) continues to regularly review City services and modifications, and there are no operational modifications to report to the City Council at this time.

San Mateo County Health continues to strongly recommend that individuals wear a high-quality mask indoors, stay current with vaccinations and boosters, and get tested and treated if eligible. Currently there is not an indoor masking requirement however San Mateo County Health officials continue to monitor COVID variants and local epidemiology and the impact on severe disease, especially hospitalizations and deaths, and will continue to take appropriate steps to protect public health.

FISCAL IMPACT: Since the declaration of emergency in March of 2020, the City of San Bruno has recorded the emergency expenditure of $200,120 out of the City’s emergency reserve funds for COVID related operations. In total, the City has recorded a total COVID related expenditure of $2.08 million including facilities enhancement projects (i.e. keyless entry system to City Hall), COVID-19 personal protective equipment (PPE) supplies, and initial response and adaptation to remote programming/services.

There are no additional expenditures to report for the specific period of this report.

ENVIRONMENTAL IMPACT: There is no environmental impact. The report is not a project subject to CEQA.  City Council’s action is not considered a “Project” per CEQA Guidelines and 13 of 315
Honorable Mayor and Members of the City Council
July 26, 2022

Page 2 of 2 ends

therefore no further environmental analysis is required.

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 14 of 315
Source: https://www.smchealth.org/data-dashboards
(Dashboard screen shots taken on 7/19/2022 @ 1:30 p.m.) ATTACHMENT 1
15 of 315
Source: https://www.smchealth.org/data-dashboards
1 4
5 16 of 315
Source: https://www.smchealth.org/data-dashboards
1 4
5 17 of 315
Source: https://www.smchealth.org/data-dashboards
1 4
5 18 of 315
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:July 26, 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: 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-at-home order, requiring all nonessential personnel to work from home.

In response to the Executive Order, City of San Bruno staff created Zoom accounts for various departments and underwent training to ensure that City Council meetings could continue safely for the City Council members, City staff, and members of the public. The City Council has conducted 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, various COVID-19 variants have emerged, which has resulted in an increase or steady amount of confirmed COVID-19 cases throughout San Mateo County. Taking these factors into account, the City of 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.

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 19 of 315
Honorable Mayor and Members of the City Council
July 26, 2022

Page 2 of 3 ends

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).)
On February 17, 2022, Governor Gavin Newsom lifted several states of emergency that were in place in California but kept the state of emergency for COVID-19 intact. The City of San Bruno state of emergency continues to remain active, as well.

DISCUSSION: City staff have reviewed the provisions as detailed in AB 361, signed into law by Governor Newsom in September 2021, and 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 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. City staff provides access for public comment during the meeting by participants in the Zoom meeting or by phone in real time. Written public comments are also accepted by email, at [email protected], prior to the meetings, and as detailed on the published agenda.

The City of San Bruno has also made City Council meetings available on the City of San Bruno’s YouTube channel and San Bruno CityNet Services’ local Channel 1.

The City Council may continue to teleconference public meetings under AB 361 if the City Council makes findings by adopting a resolution 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.
20 of 315
Honorable Mayor and Members of the City Council
July 26, 2022

Page 3 of 3 ends

ENVIRONMENTAL IMPACT: There is no 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
21 of 315
Attachment 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 the State of 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, due to the increase or steady amount of confirmed COVID-19 cases throughout San Mateo County, the City remains cautious and 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. 22 of 315

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.
—oOo—
I hereby certify that foregoing Resolution No. 2022 - ____ was adopted by the San Bruno City Council at a regular meeting on July 26, 2022, by the following vote:

AYES:Councilmembers:

NOES: Councilmembers:

ABSENT:Councilmembers:

ATTEST:
________________________________
Vicky Hasha, Deputy City Clerk
23 of 315

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
Attachment 2
24 of 315
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
25 of 315
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.
40 of 206
26 of 315
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
41 of 206
27 of 315

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:

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
Attachment 3
28 of 315
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;
44 of 206
29 of 315
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
45 of 206
30 of 315
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
31 of 315
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
32 of 315
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.
48 of 206
33 of 315
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
34 of 315
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.
50 of 206
35 of 315
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
36 of 315
(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.
52 of 206
37 of 315
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
38 of 315
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.
54 of 206
39 of 315
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
55 of 206
40 of 315
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
Attachment 4
41 of 315
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.
94 — 2 — AB 361

57 of 206
42 of 315
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 —

58 of 206
43 of 315
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.
94 — 4 — AB 361

59 of 206
44 of 315
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 —

60 of 206
45 of 315
(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

61 of 206
46 of 315
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 —

62 of 206
47 of 315
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

63 of 206
48 of 315
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 —

64 of 206
49 of 315
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

65 of 206
50 of 315
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 —

66 of 206
51 of 315
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:
94 — 12 — AB 361

67 of 206
52 of 315
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 —

68 of 206
53 of 315
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.
94 — 14 — AB 361

69 of 206
54 of 315
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.
94 AB 361 — 15 —

70 of 206
55 of 315
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.
94 — 16 — AB 361

71 of 206
56 of 315
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 —

72 of 206
57 of 315
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

73 of 206
58 of 315
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 —

74 of 206
59 of 315
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

75 of 206
60 of 315
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 —

76 of 206
61 of 315
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.
94 — 22 — AB 361

77 of 206
62 of 315
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 —

78 of 206
63 of 315
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.
94 — 24 — AB 361

79 of 206
64 of 315
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 —

80 of 206
65 of 315
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
94 — 26 — AB 361

81 of 206
66 of 315
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:July 26, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Pamela Wu, Community and Economic Development Director Brian Millar, Contract Project Planner
SUBJECT: Adopt Ordinance Amending Ordinance 1087 Providing for Interim Automobile Sales at the Shops at Tanforan, That Was Adopted by the City Council on January 10, 1966, and Subsequently Amended by the City Council, – 1178 El Camino Real. APN: 014-316-330. PD 22-02. Bay Area A.G. Inc.

BACKGROUND:

On July 12, 2022, the City Council held a public hearing, waived the first reading and introduced an amendment to Ordinance 1087, adopted by the City Council on January 10, 1966, and subsequently amended by the City Council of the City of San Bruno, so as to change subparagraph A of Section 1 of said ordinance by adding the following:
“7. Interim Automobile Sales and Automobile Inventory Storage uses shall be permitted in the former Sears building, subject to obtaining a Planned Development Permit.” Should the Council waive the second reading and adopt the ordinance, the ordinance would go into effect 30 days after the second reading. The purpose of this consent item is to serve as a second reading and action for adoption of the Ordinance. The Ordinance is presented as Attachment 1.

DISCUSSION:

The applicant proposes to establish two interim automobile dealerships (for Hyundai and Genesis) in the former Sears building at The Shops at Tanforan. The use would include automobile inventory storage on the ground floor and in the basement. Additionally, automobile servicing is proposed in the adjacent former Sears automobile servicing building. The interim use is anticipated for three to five years, until such time as a new dealership facility can be applied for and processed by the City, anticipated at The Crossing center by El Camino Real/I- 380. No expansion of the buildings is proposed.

The proposed Ordinance amendment is for the Tanforan Planned Development Permit (PD) for the interim automobile sales uses, which are not specifically addressed in the PD, though a full range of retail sales and automobile repair and services are provided for and have historically occurred at Tanforan (at the former Sears facility and at a former Firestone lease space).

The P-D provisions under the Municipal Code (12.96.190.C and D), state:
“Conditional Uses. Any and all compatible land uses consistent with the San Bruno general plan are conditional uses in a P-D district, provided such use or uses have been 67 of 315
Honorable Mayor and Members of the City Council
July 26, 2022

Page 2 of 3 ends

1 4
4 designated on a development plan and approved by the planning commission and city council pursuant to the provisions of this section…Conditional uses may be authorized by the approval by the planning commission of a planned development permit (PDP).” The General Plan land use designation for the site is Regional Commercial, which identifies a wide range of commercial uses, including retail sales. The proposed interim automobile sales and service uses would be consistent with the General Plan.

There has been a broad range of retail and related uses at the Tanforan Mall over the last 50 years and within the context of the historic PD approval. Historic uses at the mall, while they don’t appear to have included auto sales and storage of vehicles for sale, certainly did include retail sales uses and automobile service uses (Sears, Firestone auto service centers, as well as the CC&R references to automobile sales agency use).

The project entails reuse of existing structures (the former Sears retail building, and its adjoining former automobile service building). No structural expansion is proposed, nor any significant external modifications. Both buildings would have new exterior painting.

Past Public Meetings
The City has held four public meetings to present, review and accept public and Planning Commission and City Council questions and comments on the proposed amendment. June 21, 2022 Planning Commission Public Hearing: The Planning Commission held a public hearing and asked questions of staff regarding the ordinance amendment and proposed interim auto sales use. The Commission voted unanimously (5-0) to adopt the resolution (Attachment 2) recommending that City Council adopt an Amendment to Ordinance 1087, adopted by the City Council on January 10, 1966, and subsequently amended by the City Council of the City of San Bruno, so as to change subparagraph A of Section 1 of said ordinance by adding the following:
“7. Interim Automobile Sales and Automobile Inventory Storage uses shall be permitted in the former Sears building, subject to obtaining a Planned Development Permit.” July 12, 2022 City Council Public Hearing: The City Council held a public hearing, accepted public testimonies, and asked questions of staff regarding the ordinance amendment. The Council voted (5-0) to waive the first reading and introduce the ordinance amendment, which amends Ordinance 1087 to specifically provide for interim automobile sales at the former Sears facility. Additionally, the Council voted (5-0) to approve the Planned Development Permit (PDP 22-03) for interim use of the former Sears facilities for interim automobile sales. The PDP approval will take effect upon Council action to approve the proposed ordinance amendment.

Ordinance Amendment Summary
As described above, the ordinance amendment will make specific provision for allowance of interim automobile sales uses at the former Sears facility at Tanforan.

FISCAL IMPACT:

There is no fiscal impact. All costs related to the project and Ordnance amendment have been paid by the project applicant.
68 of 315
Honorable Mayor and Members of the City Council
July 26, 2022

Page 3 of 3 ends

1 4
4 ENVIRONMENTAL IMPACT:

The project is Categorically Exempt from CEQA environmental review pursuant to CEQA Guidelines Class 1 (Section 15301), which recognizes the proposed operation and leasing of existing facilities.

RECOMMENDATION:

Adopt Ordinance No. 2022-XX Amending Ordinance 1087, Providing for Interim Automobile Sales at the Shops at Tanforan, adopted by the City Council on January 10, 1966, and subsequently amended by the City Council, so as to change subparagraph A of Section 1 of said ordinance by adding the following:
“7. Interim Automobile Sales and Automobile Inventory Storage uses shall be permitted in the former Sears building, subject to obtaining a Planned Development Permit.” ALTERNATIVES:

1. Request additional information before adopting the ordinance amendments.

2. Make additional or different amendments to the ordinances and re-introduce them.

3. Do not adopt the ordinances and make no changes.

ATTACHMENTS:

1. Ordinance Amendment 2022-XX

2. Planning Commission Resolution 2022-08 & 2022-09
69 of 315
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING ORDINANCE NO 1087

PROVIDING FOR INTERIM AUTOMOBILE SALES AT THE SHOPS AT TANFORAN WHEREAS, a Notice of Public Hearing was duly posted and noticed for consideration of the ordinance amendment at the City of San Bruno City Council meeting of July 12, 2022, and on said date, the Public Hearing opened, held and closed;
NOW, THEREFORE, BE IT RESOLVED, that the City Council, based on the facts in the Staff Report, written and oral testimony, and exhibits presented, makes the following findings of facts in support of the proposed ordinance amendment:

1. The proposed ordinance amendment is consistent with the General Plan of the City of San Bruno.

2. The request to amend the Ordinance has been reviewed according to the standards and requirements of the California Environmental Quality Act (CEQA) and the San Bruno environmental review procedures and is Categorically Exempt.

3. The proposed ordinance amendment related to the interim use of car sales at Tanforan will not be detrimental to the health, safety, morals, comfort and general welfare of the Citizens of San Bruno.

BE IT FURTHER RESOLVED that the City Council of the City of San Bruno approves the following:

Section 1. Amendment is made to Ordinance 1087, adopted by the City Council on January 10, 1966, and subsequently amended by the City Council of the City of San Bruno, so as to change subparagraph A of Section 1 of said ordinance by adding the following:
“7. Interim Automobile Sales and Automobile Inventory Storage uses shall be permitted in the former Sears building, subject to obtaining a Planned Development Permit.” Section 2. This ordinance is categorically exempt from the California Environmental Quality Act pursuant because it is not a project and there is not a possibility that the ordinance may have a significant effect on the environment.

Section 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of San Bruno hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 4. This Ordinance shall take effect and be in force 30 days after its adoption.

Section 5. The City Clerk shall publish this Ordinance according to law. 70 of 315
2 _________________________
Rico E. Madina, Mayor
ATTEST:
________________________
Vicky Hasha, Deputy City Clerk

APPROVED AS TO FORM
_________________________
Trisha Ortiz, City Attorney
---o0o---
I hereby certify that the foregoing Ordinance No.
________ was introduced on July 12, 2022, and
adopted at a regular meeting of the San Bruno City
Council on July 26, 2022, by the following vote:

AYES: COUNCILMEMBERS:________________________________
NOES: COUNCILMEMBERS:________________________________
ABSENT: COUNCILMEMBERS:________________________________ _________________________
Vicky Hasha, Deptuy City Clerk
71 of 315

RESOLUTION NO. 2022 - 08

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BRUNO RECOMMENDING AMENDMENTS TO ORDINANCE 1087 REGULATING LAND USES AT THE SHOPS AT TANFORAN.

WHEREAS, a Notice of Public Hearing was duly posted and noticed for consideration of the ordinance amendment at the City of San Bruno Planning Commission meeting of June 21, 2022, and on said date, the Public Hearing opened, held and closed;

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission, based on the facts in the Staff Report, written and oral testimony, and exhibits presented, makes the following findings of facts in support of the proposed ordinance amendment:

1. The proposed ordinance amendment is consistent with the General Plan of the City of San Bruno in that the proposed auto sales use is consistent with the retail nature of the Shops at Tanforan.

BE IT FURTHER RESOLVED that the Planning Commission of the City of San Bruno recommends that the following amendment be made to , adopted by the City Council on January 10, 1966, Ordinance No. 1087, and subsequently amended by the City Council of the City of San Bruno , is hereby amended so as to change subparagraph A of Section 1 of said ordinance by adding the following:

“7. Interim Automobile Sales and Automobile Inventory Storage uses shall be permitted in the former Sears building, subject to obtaining a Planned Development Permit.”

Date Planning Commission Chair

ATTEST APPROVED AS TO FORM

Planning Commission Secretary City Attorney

DocuSign Envelope ID: CD39F27A-62D6-40AF-BF27-ED2D36AB1011 7/7/2022
72 of 315

-o0o-

I, Michael P. Laughlin, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of San Bruno this 21st day of June, 2022 by the following vote:

AYES Commissioners: Harman, Madden, Morgan, Durazo, Lethin NOES Commissioners: None
ABSENT Commissioners: Biasotti, Johnson
RECUSED Commissioners None

DocuSign Envelope ID: CD39F27A-62D6-40AF-BF27-ED2D36AB1011 73 of 315

RESOLUTION NO. 2022 – 09

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN

BRUNO RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED

DEVELOPMENT PERMIT TO ALLOW INTERIM AUTOMOBILE SALES AND

INVENTORY STORAGE AT THE SHOPS AT TANFORAN MALL
(APN 014-316-330) (PDP 22-003)

WHEREAS, Bay Area A.G., LLC ("Applicant") is the leasee of a portion of that certain

3.28 acre site located at 1150 El Camino Real in the City of San Bruno and more particularly described as Assessor’s Parcel Number 014-316-330 (the "Property"); and

WHEREAS, Applicant desires to establish two interim automobile dealerships (for Hyundai and Genesis) in the former Sears building at The Shops at Tanforan. The use would include automobile inventory storage on the ground floor and in t he basement. Additionally, automobile servicing is proposed in the adjacent former Sears automobile servicing building.

The interim use is anticipated for three to five years, until such time as a new dealership facility can be applied for and processed by the city, anticipated at The Crossing center by El Camino Real/I-380; and

WHEREAS, in order to develop the Project, Applicant has submitted an application to the City of San Bruno for approval of the following: to a mend the existing Planned Development (PD) for The Shops at Tanfo ran to allow for interim auto mobile sales use and inventory storage, and a Planned Development Permit (PDP) for interim automobile sales and inventory storage in the former Sears building; and

WHEREAS, on June 21, 2022, the Planning Commission found the Project to be exempt from CEQA. The project is Categorically Exempt from CEQA environmental review pursuant to CEQA Guidelines Class 1 (Section 15301), which recognizes the proposed operation and leasing of existing facilities involving negligible or no expansion of an existing or former use, while allowing for minor alterations or repairs of the existing facility. The project proposes no expansion of the former Sears retail building. The automobile sales uses will occur on the ground-floor of the former retail building, and would include placement of interior partitions, and minor changes to a rear access door on the ground floor to allow for vehicle access. Additionally, the use would include storage of automobiles partially on the ground-floor and in the basement. Automobile servicing will reuse the adjacent existing service building, with no proposed changes to the building beyond exterior painting. All proposed uses would be consistent with the Class 1 CEQA Categorical Exemption; and

WHEREAS, in Resolution No. 2022-08, the Planning Commission recommended that the City Council amend the land uses in the Tanforan Planned Development to allow interim sales of automobiles and automobile inventory storage, as proposed by Applicant; and

WHEREAS, a Notice of P ublic Hearing was mailed on June 10, 2022 to property owners and tenants within 600 ’ of the Shops at Tanforan, and duly posted in the San Mateo DocuSign Envelope ID: CD39F27A-62D6-40AF-BF27-ED2D36AB1011 74 of 315

Times on Saturday , June 11 , 2022, for consideration of the Planned D evelopment Permit and; and

WHEREAS, the Planning Commission held a Public Hea ring on the Planned Development Permit on June 21, 2022 and on said date, the Public Hearing was opened, held and closed.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Bruno, based on facts in the st aff reports, written and oral testimony, and exhibit s presented:

1. The Planning Commission hereby finds that the proposed development is consistent with the San Bruno General Plan. The General Plan land use designation for the site is Regional Commercial, which identifies a wide range of commercial uses, including retail sales. The proposed interim automobile sales and service uses would be consistent with the General Plan.

2. With respect to the Planned Development Permit, the Planning Commission hereby finds that the proposed Planned Development Permit is consistent with the Planned Development, as recommended for approval.

3. The Planning Commission hereby recommends that the City Council approve the Planned Development Permit.

4. Upon the effective date, this Planned Development Permit approval shall be valid for a period of five (5) years.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Planning Commission of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented recommends approval of the Planned Development Permit subject to the following conditions of approval:

Community and Economic Development Department – (650) 616-7074

1. The applicant shall fi le a declaration of acceptance of the following conditions by submitting a signed copy of the Summary of Hearing to the Community & Economic Development Department within 10 days of City Council approval.

Until the Sum mary is filed, Planned Development Per mit 22 -03 shall not be valid for any purpose. Planned Development Permit 22-03 shall expire on July 03, 2027, five (5) years from the date of City Council approval. Any continuation of the use beyond this date will require submittal of a new Planned Develo pment Permit application to the City and require Planning Commission approval.

2. The signed copy of the Summary of Hearing shall be photocopied and included as a full-size page in the project set of drawings.

DocuSign Envelope ID: CD39F27A-62D6-40AF-BF27-ED2D36AB1011 75 of 315

3. Any minor modification to the approved plans (floor plan and building elevations) shall require prior approval by the Community and Economic Development Director. Any major modifications, as determined by the Director, shall require Planning Commission approval of a modification to this Planned Development Permit.

4. No automobile inventory storage shall be permitted in the Shops at Tanforan parking garages.

5. There shall be no display of automobiles for sale within the Shops at Tanforan.

6. General operations for automobile sales may occur 7 days per week, between 10:00 a.m. to 6:00 p.m. on Sundays, and from 9:00 a.m. to 7:00 p.m. on Saturdays, wh ile general opera tions for the automobile service center shall be limited to Monday to Saturday, from 7:30 a.m. to 6:00 p.m.

7. All deliveries and off - and on -loading of vehicles shall occur only in the delivery driveway bays at the rear (east) side of the r etail building at the basement level. This will include use of a movable ramp to allow vehicle access into the roll-up basement delivery doors.

8. As may be required by the City and to ensure compliance with applicable Building Codes, t he applicant shall obtain a City of San Bruno building permit before any construction can proceed, and shall be completed, inspected by the City and a Certificate of Occupancy issued pr ior to operation of the use and occupancy.

9. Prior to any required Final Inspection, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the City of San Bruno.

10. Prior to securing any required building permit, the applicant, owner, and general contractor shall meet with Planning and Building staff to ensure compliance with the conditions of approval during the construction process .

11. The applicant shall indemnify, defend, and hold harmless the City, its officers , employees, and agents, from all claims and lawsuits from a third party(s) involving or related to the City's consideration and/or approval of the applicant's application for development.

Fire Department – (650) 616-7058

12. The applicant shall obtain all n ecessary inspections and approval from the Fire Department prior to commencing the use and oc cupancy of the DocuSign Envelope ID: CD39F27A-62D6-40AF-BF27-ED2D36AB1011 76 of 315

structures. This shall include, but may not be limited to, testing of existing fire sprinkler systems.

Date Planning Commission Chair

ATTEST APPROVED AS TO FORM

Planning Commission Secretary City Attorney

-o0o-

AYES Commissioners: Harman, Madden, Morgan, Durazo, Lethin NOES Commissioners: None
ABSENT Commissioners: Biasotti, Johnson
RECUSED Commissioners None

DocuSign Envelope ID: CD39F27A-62D6-40AF-BF27-ED2D36AB1011 7/7/2022
77 of 315
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:July 26, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Pamela Wu, Community and Economic Development Director SUBJECT:Adopt Ordinance:
Amending the Zoning Ordinance to Rezone APN: 019-042-170 From Single-Family Residential District (R-1) to Planned Development District (P-D), Amending an Existing P-D District for APNs: 019-042- 150 and 019-042-160, and Approving a Development Plan, Pursuant to Section 12.96.020 and Chapter 12.136 of the San Bruno Municipal Code Section, for the Proposed Glenview Terrace Residential Subdivision Project (APNs: 019-042-150, 019-042-160, and 019-042- 170) (PD13-001); and
Approving a Development Agreement Between the City of San Bruno and New Shidai Development, LLC, for the Glenview Terrace Residential Subdivision Project, Located at 2880 and 2890 San Bruno Ave. W. and 850 Glenview Drive.

BACKGROUND:

The City Council held a public hearing on June 28, 2022, and took action with a vote of 5-0 to introduce, read by title only, and waive further reading of the following ordinances:
Ordinance Amending the Zoning Ordinance to Rezone APN: 019-042-170 From Single Family Residential (R-1) to Planned Development (P-D). And Amend an Existing P-D District for APNs: 019-042-150 and 019-042-160 to Conform to the Proposed Project, and Approve a Development Plan, Pursuant to Sections 12.96.020 and 12.96.190.K and Chapter 12.136 of the San Bruno Municipal Code, based upon the Findings for Approval in the Ordinance including the CEQA Conformity Determination. Ordinance Approving a Development Agreement, Pursuant to City Resolution 1986-77, based upon the Findings for Approval in the Ordinance including the CEQA Conformity Determination.

In addition to the aforementioned actions, the City Council also took the following other actions related to the proposed development project with a vote of 5-0:
Adopt a Resolution Amending the General Plan Land Use Designation for APN: 019- 042-170 From Low Density Residential to Medium Density Residential; and • Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending the Zoning Ordinance to Rezone APN: 019-042-170 From Low-Density 78 of 315
Honorable Mayor and Members of the City Council
July 26, 2022

Page 2 of 4 ends

Residential (R-1) to Planned Development (P-D). And Amend an Existing P-D District for APNs: 019-042-150 and 019-042-160 to Conform to the Proposed Project, and Approve a Development Plan, Pursuant to Sections 12.96.020 and 12.96.190.K and Chapter 12.136 of the San Bruno Municipal Code; and
Adopt a Resolution Approving a Vesting Tentative Tract Map; and Adopt a Resolution Approving a Planned Development Permit and an Architectural Review Permit to Allow the Construction of 29 Single-family Homes at the Corner of San Bruno and Glenview Drive, Pursuant to Sections 12.96.190 and 12.108.010 of the San Bruno Municipal Code; and Pursuant to Chapter 12.38 of the San Bruno Municipal Code; and
Adopt a Resolution Approving an Affordable Housing Plan, Pursuant to Chapter

12.230 of the San Bruno Municipal Code; and
Adopt a Resolution Authorizing a New Four-way Stop at the Intersection of San Bruno Ave. W. and Glenview Drive Adopted a CEQA Conformity Determination as part of each of the following actions.

These planning applications for development of the Glenview Terrace residential subdivision project, located at 2880 and 2890 San Bruno Ave. W. and 850 Glenview Drive, were originally submitted on December 31, 2013, New Shidai Development, LLC (“Owner” and “Applicant”).

The project consists of the demolition of all structures on the site, and the construction of a residential subdivision containing 29 single family homes on individual lots on a 3.28 acre development site.

Proposed homes would be two-story with six homes along the eastern edge of the site abutting Crestmoor Canyon having walk-out basements integrated into to the downslope. The homes will range in size from 1,727 to 2,613 square feet of habitable space, with an average of 2,019 square feet of habitable space and 3-4 bedrooms. All homes will have a 420 square foot, attached two-car garage with private rear yards honoring 4’-0” side setbacks, and 15’-0” front setbacks. Proposed lot sizes range from 2,339 to 4,133 sq. ft., with an average lot size of 3,070 square feet and a .80 average floor area ratio (FAR). Each home would have two covered parking spaces and a driveway that accommodates two additional cars. Nineteen additional on- street guest parking spaces along the internal circulation street will be included to serve the new residential development. Four homes would be deed restricted affordable units for low- and moderate-income households to comply with the requirements of Chapter 12.230 of the Code.

The applicant has submitted the requisite Affordable Housing Plan for the project.

The project would include the construction of internal roadways for circulation and connection to Glenview Drive at three entry points. Two entry points would provide two-way circulation for site ingress and egress, the southernmost entry point nearest San Bruno Ave. would be ingress only. The proposed internal rights-of-way would range in width from 22 to 24 feet and include a sidewalk on one side of the street. On-site parking would be restricted to the private garages and driveways provided for each new home and 19 additional guest parking spaces.

In addition to the 29 residential lots, six common area lots that will be owned and maintained by HOA are proposed. Lots B, D, E, and F are proposed areas for public use and defensible space.

Lots A and C are proposed areas for stormwater treatment and hydromodification. The northern stormwater treatment area (Lot C) would be approximately 3,180 sf, while the stormwater treatment area (Lot A) would be approximately 3,046 sf. An 1,801 square foot private recreational area is proposed (Lot B) which includes picnic tables, grills, and benches. Adjacent to Lots 18 to 23, Lot D, approximately 18,883 square feet in size, would also include a 30-foot 79 of 315
Honorable Mayor and Members of the City Council
July 26, 2022

Page 3 of 4 ends

defensible space area in which existing vegetation would be cut back and maintained to a maximum height of one-foot six-inches. Lot E is a 1,754 square foot landscaped open space located at the southwest corner of the development. The street, stormwater detention areas, and all defensible space would be owned and maintained by the proposed homeowner’s association.

DISCUSSION:

The purpose of this consent item is to serve as the action for the second reading and adoption of the ordinances associated with the development project. No changes have been made to the ordinances since introduction. Should the Council waive the second reading and adopt the ordinances at this meeting, the ordinances will be in effect 30 days after. The ordinances are presented as Attachment 1 and Attachment 2.

ENVIRONMENTAL CLEARANCE:

An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the project pursuant to the California Environmental Quality Act (CEQA) to identify and address any potentially significant environmental effects associated with the project itself. The IS/MND was adopted by the City Council at the June 28, 2022 meeting.

NEXT STEPS:

If the City Council waives the second reading of the attached ordinances, the ordinances would go into effect 30 days after the second reading. The effective date of the previously adopted Resolutions approving the related Planned Development Permit, Architectural Review Permit, Phased Vesting Tentative Tract Subdivision Map, and Authorizing Installation of the four way stop is aligned with the effective date of these associated ordinances.

FISCAL IMPACT:

The applicant submitted a developer reimbursement agreement deposit to cover staff and consultant costs in processing these applications. Subject to City Council approval, the Developer will execute the Development Agreement that will include a cash payment of up to $400,000 to the City’s General Fund as unrestricted revenue to be allocated at the future discretion of the City Council, as detailed in the Development Agreement attached to the ordinance.

ALTERNATIVES:

1. Do not adopt the proposed ordinances.

2. Direct staff to make modifications to the Ordinance; substantive modifications will require re-introduction at a subsequent meeting.
80 of 315
Honorable Mayor and Members of the City Council
July 26, 2022

Page 4 of 4 ends

RECOMMENDATION
Adopt Ordinance:
Amending the Zoning Ordinance to Rezone APN: 019-042-170 From Single-Family Residential District (R-1) to Planned Development District (P-D), Amending an Existing P-D District for APNs: 019-042-150 and 019-042-160, and Approving a Development Plan, Pursuant to Section 12.96.020 and Chapter 12.136 of the San Bruno Municipal Code Section, for the Proposed Glenview Terrace Residential Subdivision Project (APNs: 019-042-150, 019-042-160, And 019-042-170) (PD13- 001); and
Approving a Development Agreement Between the City of San Bruno and New Shidai Development, LLC, for the Glenview Terrace Residential Subdivision Project, Located at 2880 and 2890 San Bruno Ave. W. and 850 Glenview Drive.

DISTRIBUTION:

None
ATTACHMENTS:

1. City Council Ordinance Amending Section 12.96.020 of Title 12 (Land Use) of the San Bruno Municipal Code to Change the Zoning Map From Single Family Residential (R-1) to the Planned Development (P-D) District With a Development Plan for the Project

2. City Council Ordinance Approving a Development Agreement 81 of 315
ORDINANCE NO. 2022-_______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

APPROVING AN AMENDMENT TO THE ZONING ORDINANCE
TO REZONE APN: 019-042-170 FROM SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1) TO PLANNED DEVELOPMENT DISTRICT (P-D), AMENDING AN EXISTING P-D DISTRICT FOR APNS: 019-042-150 AND 019-042-160, AND APPROVING A DEVELOPMENT PLAN, PURSUANT TO SECTION 12.96.020 AND CHAPTER 12.136

OF THE SAN BRUNO MUNICIPAL CODE SECTION,

FOR THE PROPOSED

GLENVIEW TERRACE RESIDENTIAL SUBDIVISION PROJECT
(APNS: 019-042-150, 019-042-160, AND 019-042-170)
(PD13-001)
The City Council of the City of San Bruno ORDAINS as follows:

WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain 3.28 acre site located at 850 Glenview Drive and 2880 and 2890 San Bruno Avenue W. in the City of San Bruno and more particularly described as Assessor’s Parcel Numbers 019-042-150, 019-042-160, and 019-042-170 (the "Property"); WHEREAS, Applicant desires to develop on the Property the Glenview Terrace Residential Subdivision Project, which consists of a residential subdivision of 29 single- family homes with associated roadways and infrastructure (the "Project"); WHEREAS, in order to develop the Project, Applicant has submitted an application to the City of San Bruno for approval of the following: (1) an amendment to the San Bruno General Plan to change the land use designation of a portion of the Property from Low Density Residential to Medium Density Residential; (2) an amendment to the Zoning Ordinance to change the zoning district of a portion of the Property from Single Family Residential (R-1) to Planned Development (P-D) and amend the existing P-D District; (3) a Development Plan for the Property; (4) a Planned Development Permit and Architectural Review Permit; (5) a Vesting Tentative Map merging the existing three lots and subdividing the Property into 29 single-family parcels and common area parcels (6) and a Development Agreement; and WHEREAS, Applicant submitted a Development Plan in accordance with the provisions of San Bruno Municipal Code Section 12.96.190(F), the proposed standards of which are summarized in Exhibit B attached hereto;
WHEREAS, to achieve consistency between the Zoning Code and the project, the zoning district for Assessor’s Parcel Number 019-042-170 must be changed from R- 1 (Single-Family Residential) to P-D (Planned Development), and the existing P-D must be amended to allow small lot single family residential uses on the entire project site; and
82 of 315
WHEREAS, the Development Plan standards for the project are summarized in Exhibit B; and
WHEREAS, the P-D District and Development Plan will not become effective until the effective date of the ordinance adopted by the City Council; and WHEREAS, the Planning Commission held a Public Hearing for the project on April 19, 2022 and on said date, adopted a resolution recommending the City Council approve the rezoning and amend the existing P-D district; and WHEREAS, on April 19, 2022, the Planning Commission adopted Resolution 2022-02 recommending that the San Bruno City Council adopt an Initial Study and Mitigated Negative Declaration (IS/MND), dated April 2021, and Mitigation Monitoring Program prepared by Raney Planning and Management, Inc. to analyze the environmental effects of the proposed project and, based on the type and intensity of land uses identified with the proposed project and the information contained in IS/MND, the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures; and WHEREAS, a Notice of Public Hearing for the project was mailed on June 17, 2022, and duly posted in the San Mateo Daily Journal on Saturday, June 18, 2022; and WHEREAS, the City Council held a Public Hearing for the project on June 28, 2022, and on said date, the Public Hearing was opened, held and closed; and, WHEREAS, on June 28, 2022, the City Council independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and considered the information contained therein prior to acting upon or approving the Project. Based on all evidence in the administrative record for the Project, the Council adopted Resolution No. 2022-___ adopting the Initial Study/Mitigated Negative Declaration, which determined the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures which have been summarized in a Mitigation Monitoring and Reporting Program adopted by the City Council and added to the project as conditions of approval.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibits presented:

With respect to the Zoning Ordinance Amendment, pursuant to SBMC 12.136.030 and 12.96.190.H, the City Council finds:

That said amendment is in general conformance with the general plan and that the public necessity, convenience and general welfare require adoption 83 of 315
of the proposed amendment.

Basis for Finding: The Zoning Code Amendment would change the zoning of a 2.2- acre portion of the development site (APN: 019-042-170) from R-1 (Low Density Residential District) to P-D (Planned Development District), which would establish consistency with the proposed project and the general plan land use designation, as required by state law (Gov. Code §65860). Additionally, the existing P-D District for APNs 019-042-150 and 019-042-160 would be amended so the density of the new Development Plan is consistent with the project and consistent across the development site. The P-D District would allow medium density residential use on the entire project site and establish development standards adapted to the unique site characteristics and consistent with existing standards for small lot, single- family residential development which is encouraged by Program 1-B. of the General Plan. Therefore, the amendment is in conformance with the General Plan.

With respect to the Development Plan, pursuant to SBMC 12.96.190.H, the City Council finds:

The proposed P-D district can substantially be completed within the time schedule submitted by the applicant.

Basis for Finding: As a condition of approval, Planned Development Permit PDP12-001 and Vesting Tentative Tract Map TM13-001 shall become null and void if a building permit has not been secured within the timeframe specified within two years from project approval as specified within conditions of approval though the Development Agreement allows the Director to extend the timeframe with reasonable discretion. Therefore, the P-D can be substantially completed within the time schedule submitted by the developer.

Each unit of the development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained.

Basis for finding: The entire project has been designed to create a cohesive and distinct residential community of 29 single-family housing units, with internal roadways, common open space, defensible space, and extensive landscaping.

The condition of approval ensures that the necessary water, sewer and storm drain infrastructure is installed to serve the project with minimal disturbance to the surrounding neighborhoods. The single-family homes will be well integrated into the existing neighborhood with home oriented towards Glenview Drive, creating an integrated and attractive edge as viewed from the exterior. The project has been designed to adapt to the challenging topography and configuration of this long- vacant site with development concentrated on the flatter portion of the site and the steep hillside left undeveloped. Therefore, each unit of the development, as well as the total development, can exist as an independent development capable of 84 of 315
creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained.

The land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts.

Basis for finding: The site layout was designed to avoid development on the steep slope on the eastern portion of the project site and be compatible with the surrounding Glenview residential neighborhoods. Most of the homes are sited to create a distinct internally oriented residential neighborhood. The homes along Glenview Drive are oriented to create an attractive edge that responds to the Crestmoor neighborhood which has homes fronting Glenview Drive.

The installation of an all-way stop sign at the intersection of San Bruno Avenue W. and Glenview Drive and the new entrance to the proposed residential project will slow traffic and increase pedestrian and vehicular safety for all residents of the Crestmoor neighborhood to access the Lunardi’s supermarket on the south side of San Bruno Avenue W.

The development has been designed to adapt to the challenging topography and configuration of this long-vacant site. Several homes along the eastern edge of the site will have basements that are not visible from the street, thus maintaining the two-story scale of the development for compatibility with the surrounding neighborhood.

New street trees will be planted throughout the project site, and along edge of Glenview Drive and San Bruno Avenue W. The project will utilize a variety of drought tolerant and native vegetation, ranging from flowering trees, small evergreen trees, a variety of different shrubs, grasses, vines, and ground cover.

Common areas and the frontage along San Bruno Avenue W. will include landscaped bio-retention areas providing storm water treatment. Landscaping at the San Bruno Avenue West street frontage will provide an attractive boundary that softens the appearance of the development and provides a needed sound barrier between the development and street traffic. Therefore, the land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts.

The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P-D district.

Basis for finding: The Initial Study and Mitigated Negative Declaration found that the project impacts on traffic would be less than significant. The project will include three driveway access points to Glenview Drive, with stop signs at each driveway access point. A four-way stop is proposed at the intersection of San Bruno Avenue W. and Glenview Drive to make it safer for pedestrian access across San Bruno 85 of 315
Avenue W. and facilitate southbound traffic coming from Glenview Drive. The Transportation Safety and Parking Committee supports the proposed intersection improvements.

The single-family homes are arranged along both sides of a 22’-0” wide loop street, with sidewalks on one side of the street and 19 guest parking spaces in designated areas. To maintain emergency vehicle access, parking on the street would not be allowed. Therefore, the streets and proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic to overload the street network outside the P-D district.

Any exceptions from the standard district requirements are warranted by the design of the project and amenities incorporated in the development plan.

Basis for finding: The exceptions from the standard district requirements include smaller single-family lot sizes, reduced setbacks (front and side), and reduced rear yards not typically allowed in single-family neighborhoods. The smaller lot sizes and reduced setbacks are comparable to similar single-family residential developments approved in San Bruno in recent years, including Skyline Ridge (40 units), Merimont (70 units), Marisol (105 units), Cedar Mills (14 units), and Skycrest (24 units). Smaller single-family lot sizes have become increasingly favored by homeowners who don’t need or use large yard areas and it is useful for increasing dwelling density while still providing a detached single-family home which is favored by consumers. The single-family project establishes a subdivision with landscaping, stormwater treatment areas, defensible space, an internal private street that adapts to the challenging site topography and presents an attractive outward appearance. Therefore, exceptions from standard zoning district requirements are warranted to allow the project in the Development Plan.

The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development and the P-D district uses proposed are in conformance with the general plan of the city.

Basis for Finding: As stated above, the development is consistent with the General Plan designation for medium density residential uses and meets the dwelling unit density standards. The proposed single-family homes are compatible with the adjacent Crestmoor neighborhood.

1. The San Bruno City Council hereby amends the Zoning Map to change the zoning of Assessor’s Parcel Number 019-042-170 from R-1 (Single Family Residential) to P-D (Planned Development), and amends the existing P-D (Planned Development) District, to allow small lot single-family residential development on the entire project site, consistent with the project’s development plan, as shown in Exhibit A.
86 of 315

2. The San Bruno City Council hereby approves the Development Plan subject to the development standards in Exhibit B.
87 of 315
Dated: June 28, 2022
-o0o-
I, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance was duly and regularly passed and
adopted by the City Council of the City of San Bruno this 28th day of June 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

Vicky Hasha, Deputy City Clerk
88 of 315
Exhibit A
Glenview Terrace Residential Project
Proposed Zoning Ordinance Amendment
(PD13-001)
Current Zoning: (R-1) Single-Family Residential
Proposed New Zoning:(P-D) Planned Development District
APNs: 019-042-170, 019-042-160, and 019-042-150
P-D
89 of 315
Exhibit B
Summary of Development Standards
Proposed Land Use/Zoning:

Medium-Density Residential / Planned Development District (P-D) Permitted Uses:

Single-family dwellings
Accessory Dwelling Units
All other permitted uses in the City’s R-1 Zoning District (Per SBMC §12.96.060) Development Standards:

DEVELOPMENT STANDARDS
Minimum site area 2,300 square feet
Minimum lot dimensions 35 feet x 70 feet
Maximum coverage Per SBMC §12.96.060
Maximum coverage by impervious
surface
Per SBMC §12.96.060
Maximum Floor Area Ratio .80
Average percent of slope per SBMC §12.96.060
Minimum Setbacks
Front 15 feet
9 feet to porch
18 feet to garage
Exterior Side 4 feet
Interior Side 4 feet
Rear 10 feet
Maximum Height 35 feet and 2 stories
Impervious surface 80% of lot area
Required Parking 2 garage spaces
2 driveway spaces
90 of 315
Exhibit C
Findings of General Plan Consistency
The proposed land use and zoning designation of the Glenview Terrace Project is based on the goals, programs and policies found in the City’s General Plan, with development standards tailored to the project, as described in the site plans. The proposed land use and zoning designation meets the intent of the following goals, programs and policies set forth in the City's General Plan:

LAND USE ELEMENT
Policies and Implementing Actions – Residential
Implementing Policy (LUD 5): Allow small-lot single-family housing in new and existing neighborhoods to serve as efficient and compact infill development.

HOUSING ELEMENT
Program 1-B: Maintain and expand the supply of small lots.

Conserve and expand the city’s supply of small residential lots, where compatible with surrounding neighborhood character.

Program 2-C: Support identified housing opportunities.

Work with property owners and the community to support and encourage the redevelopment of identified opportunity sites into mixed uses with affordable housing components.
91 of 315
ORDINANCE NO. 2022-_______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

APPROVING A DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF SAN BRUNO

AND NEW SHIDAI DEVELOPMENT, LLC,

FOR THE GLENVIEW TERRACE RESIDENTIAL SUBDIVISION PROJECT (APNs: 019-042-150, 019-042-160, AND 019-042-170)
(DA21-001)
SECTION 1. FINDINGS.

WHEREAS, in order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs and risks of development, the Legislature of the State of California enacted section 65864 et seq. of the Government Code (the “Development Agreement Statute”) which authorizes a city and a developer having a legal or equitable interest in real property to enter into a binding, long- term development agreement establishing certain development rights in the property.

WHEREAS, a Development Agreement can provide certainty, definition and commitment as to proposed development and as to necessary public improvements required by development.

WHEREAS, as authorized by Governmental Code Section 65865(c), the City has adopted City Council Resolution 1986-77 (the “Development Agreement Resolution”) authorizing the execution of Development Agreements and establishing the procedures and requirements for said Development Agreements within the City.

WHEREAS, New Shidai Development, LLC ("Applicant") is the owner of that certain

3.28 acre site located at 850 Glenview Drive and 2880 and 2890 San Bruno Avenue W. in the City of San Bruno and more particularly described as Assessor’s Parcel Numbers 019- 042-150, 019-042-160, and 019-042-170 (the "Property"); WHEREAS, Applicant desires to develop on the Property the Glenview Terrace Residential Subdivision Project, which consists of a residential subdivision of 29 single-family homes with associated roadways and infrastructure (the "Project"); WHEREAS, in order to develop the Project, Applicant has submitted an application to the City of San Bruno for approval of the following: (1) an amendment to the San Bruno General Plan to change the land use designation of a portion of the Property from Low Density Residential to Medium Density Residential; (2) an amendment to the Zoning Ordinance to change the zoning district of a portion of the Property from Single Family Residential (R-1) to Planned Development (P-D) and amend the existing P-D District; (3) a Development Plan for the Property; (4) a Planned Development Permit and Architectural Review Permit; (5) a Vesting Tentative Map merging the existing three lots and subdividing the Property into 29 single-family parcels and common area parcels (6) and a Development Agreement; and
92 of 315
WHEREAS, New Shidai Develoment, LLC is a corporation organized under the laws of the State of California and is in good standing thereunder and is a qualified applicant to do business in the State of California and enter into a Development Agreement; WHEREAS, the Development Agreement commits the Developer to certain negotiated requirements, referred to as “Public Benefits.” These include the following:
$400,000 total public benefit payment into the City’s General Fund.

WHEREAS, in exchange for the substantial Public Benefits of the Project, Owner desires to receive assurances that City shall grant permits and approvals required for the development of the Project over the Project's estimated three-year development horizon, in accordance with procedures provided by law and in this Agreement, and that Owner may proceed with the Project in accordance with the Existing City Laws. In order to effectuate these purposes, the Parties desire to enter into this Agreement; WHEREAS, the proposed Development Agreement is consistent with the San Bruno General Plan, and Zoning Ordinance (as amended by the Project Approvals), for the reasons set forth in the respective resolutions and ordinance approving the Project; WHEREAS, a Notice of Public Hearing was mailed on June 17, 2022, and duly posted in the San Mateo Times on Saturday, June 18, 2022, for consideration of a Planned Development Permit and Tentative Map; and
WHEREAS, the Planning Commission held a Public Hearing on the Development Agreement on April 19, 2022 and on said date, the Public Hearing was opened, held and closed; and
WHEREAS, on April 19, 2022, the Planning Commission adopted Resolution 2022-02 recommending that the San Bruno City Council adopt an Initial Study and Mitigated Negative Declaration (IS/MND), dated April 2021, and Mitigation Monitoring Program prepared by Raney Planning and Management, Inc. to analyze the environmental effects of the proposed project and, based on the type and intensity of land uses identified with the proposed project and the information contained in IS/MND, the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures; and
WHEREAS, the City Council held a Public Hearing for the project on June 28, 2022, and on said date, the Public Hearing was opened, held and closed; and, WHEREAS, on June 28, 2022, the City Council independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and considered the information contained therein prior to acting upon or approving the Project.

Based on all evidence in the administrative record for the Project, the Council adopted Resolution No. 2022-___ adopting the Initial Study/Mitigated Negative Declaration, which determined the project would not have a significant adverse effect on the environment that would not be mitigated by the proposed mitigation measures which have been summarized in a Mitigation Monitoring and Reporting Program adopted by the City Council and added to the 93 of 315
project as conditions of approval. This Development Agreement vests rights to proceed with the project and requires a comminity benefit payment to the City, thus the Development Agreement does not have the potential to cause any impacts beyond those identified in the Initial Study / Mitigated Negative Declaration prepared for the Project.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN BRUNO, AS FOLLOWS:

SECTION 2. This Ordinance incorporates, and by this reference makes a part hereof, that certain Development Agreement, substantially in the form attached to this Ordinance as Exhibit A, subject to minor conforming or technical revisions approved by the City Manager and City Attorney.

SECTION 3. This Ordinance is adopted under the authority of the Development Agreement Statute and pursuant to the provisions of the Development Agreement Resolution.

SECTION 4. The City Council hereby finds and determines that the Development Agreement is consistent with the General Plan of the City of San Bruno for the same reasons the Project overall is consistent with the General Plan and as set forth in the various related Project approval resolutions and ordinance.

SECTION 5. The City Council hereby finds that the proposed Development Agreement is consistent with the requirements of the Development Agreement Statute and the Development Agreement Resolution.

SECTION 6. The City Council hereby authorizes the City Manager to execute the Development Agreement between the City of San Bruno and New Shidai Development, LLC, substantially in the form attached hereto as Exhibit A, subject to minor conforming or technical revisions approved by the City Manager and City Attorney.

SECTION 7. The City Manager or his or her designee is hereby authorized and directed to perform all acts required to be performed by the City in the administration and implementation of the Development Agreement, including, without limitation, reviewing the Development Agreement on an annual basis, approving assignments and executing other agreements or documents necessary to carry out the purposes of the Development Agreement.

SECTION 8. This Ordinance shall take effect thirty (30) days following its final passage and adoption and shall be posted as required by law.

SECTION 9. Within ten (10) days after the date upon which the City Manager executes the Development Agreement on behalf of the City, the City Clerk shall record the Development Agreement and this Ordinance with the County Recorder of the County of San Mateo.
94 of 315
SECTION 10. If any part of this Ordinance, or the Development Agreement which it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Agreement, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Agreement, if such invalid portion thereof had been deleted.

Dated: June 28, 2022
-o0o-
I, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance was duly and regularly passed and adopted by the City Council of the City of San Bruno this 28th day of June 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

Vicky Hasha, Deputy City Clerk
95 of 315
Exhibit A
City Council Review Copy – Draft Development Agreement
96 of 315
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:July 26, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Matthew Lee, Director
SUBJECT: Adopt Resolution (1) Vacating Public Service Easements Over a Portion of the Property at 1400-1500 Bayhill Drive, (2) Vacating Roadway Easements Within Bayhill Drive, (3) Accepting the Dedication of Utility and Roadway Easements Within Bayhill Circle, and (4) Authorizing the City Manager to Execute Implementing Conveyance Documents and Agreements in Substantially the Attached Forms; and Adopt Resolution Authorizing Various Curb Markings on Bayhill Circle
BACKGROUND: The City Council is to consider the proposed easement vacations and dedications to reconfigure the existing western terminus of Bayhill Drive into a circular shape (Bayhill Circle). To facilitate this reconfiguration, the project developer (Google LLC) is requesting the City of San Bruno (“City”) (1) vacate public service easements over a portion of the property at 1400-1500 Bayhill Drive, (2) vacate roadway easements within Bayhill Drive and (3) accept Google LLC’s offer of dedication of utility and roadway easements within Bayhill Circle. City Council action is also required for the accompanying proposed curb markings on Bayhill Circle.

On February 26, 1996, the City of San Bruno and the Gap Inc. entered into a Development Agreement for Bayhill VIII pursuant to Ordinance No. 1568, approved by the City Council on January 22, 1996 for development of the property at 901 Cherry Avenue (Phase 1) and 1400 and 1450 Bayhill Drive (Phase 2). The original project included the office building at 901 Cherry Avenue and parking deck (Phase 1), which were subsequently built as Gap Corporate Headquarters. The Development Agreement included one additional office building and a parking garage at 1400 and 1450 Bayhill Drive on a separate lot, which is located to the west of 901 Cherry Avenue.

Changes to the Phase 2 project necessitated the First Amendment to the Development Agreement, which was approved on August 9, 1999. The amended 1999 Development Agreement with the City authorized the construction of a Revised Phase 2 project which included the development of two new office buildings (instead of one) at the eastern portion of the lot behind the existing parking deck (Building 2) and a building at the western portion of the lot (Building 3). Building 2 is two to three stories and Building 3 is two stories with a multilevel parking garage below with 865 parking spaces. The parking garage would be accessed from a new access driveway connecting the terminus of Bayhill Drive (see Attachment 1 for the site plan). The reconfiguration of the terminus from the hammer head shape to a more circular shape was approved as part of the First Amendment.
97 of 315
Honorable Mayor and Members of the City Council
July 26, 2022

Page 2 of 3 ends

2 7
6 A Second Amendment was approved in October 2020, extending the terms and expiration date of the original Development Agreement, arranging for payment of the public Benefit Payment and certain fees, facilitating development of the revised Phase 2, and establishing an alternative vested rights determination for the revised Phase 2 Project.

DISCUSSION: The campus office project at 1400-1500 Bayhill Drive by Google LLC includes two new office buildings, an accessory central utility plant building, subgrade parking, related site and utility improvements behind 901 Cherry Avenue, roadway and utility improvements along Bayhill Drive, and reconfiguration of the existing western terminus of Bayhill Drive. The existing western terminus of Bayhill Drive near the proposed Building 3 has a hammer head shape which needs to be modified to provide for access to the garage at 1450 Bayhill Drive and for the fire access to the new building. The developer is proposing a cul-de-sac in a circular shape (Bayhill Circle) to accommodate access to and from the parking garage and to provide for fire access to the new buildings (Buildings 2 and 3).

In connection with the project and as shown on the “Master Easement Vacation & Dedication Exhibit” as set forth in Exhibit C of the Resolution (Attachment 2), the City will summarily vacate portions of the easements which are not in use and will be superseded by relocation and/or have been determined to be excess, and accept the dedication of certain public service and street easements for the new Bayhill Circle. Google LLC irrevocably offers roadway dedications in and around Bayhill Circle and Bayhill Drive to the City through the Grant Deed and Easement Agreement (Exhibit E), and the quitclaim deeds transfer certain rights acquired by the City in the Public Service Easements over the Google Property and in the Roadway Easements within Bayhill Drive to Google LLC (Exhibits H and I). The Bayhill Circle Maintenance Agreement (Exhibit F) and Stormwater Management Facilities Operation & Maintenance Agreement (Exhibit G) will be executed and recorded to establish the maintenance responsibilities of Google LLC for Bayhill Circle and storm drain facility. Attachment 3 is the Bayhill Circle plat and legal descriptions. Attachment 4 is the Stormwater Treatment Measures Operations and Maintenance Agreement.

Additionally, the curbs at the new Bayhill Circle need to be striped in red to provide for fire access and improve visibility adjacent to multiple existing and proposed driveways and proposed marked crosswalk. White curb painting is needed to provide for loading and unloading of passengers. Blue curb painting is needed for on-street ADA parking. The curb striping and Bayhill Circle improvements are described in Attachment 5 and shown on the Attachment 6. The curb painting item went before the City’s Traffic Safety & Parking Committee on August 4, 2021 and was unanimously approved 5-0.

FISCAL IMPACT: There is no fiscal impact to the City as a result of this action.

ENVIRONMENTAL IMPACT: This activity is exempt from the California Environmental Quality Act, Pub. Res. Code Section 21000 et seq., pursuant to CEQA Guidelines Section 15302 (Class 2) and Section 15303 (Class 3(d)).

RECOMMENDATION: Staff recommends City Council Adopt a Resolution (1) Vacating Public Service Easements Over a Portion of the Property at 1400-1500 Bayhill Drive, (2) Vacating 98 of 315
Honorable Mayor and Members of the City Council
July 26, 2022

Page 3 of 3 ends

2 7
6 Roadway Easements within Bayhill Drive, (3) Accepting the Dedication of Utility and Roadway Easements within Bayhill Circle, and (4) Authorizing the City Manager to Execute Implementing Conveyance Documents and Agreements in substantial conformance with the attached documents; and Adopt Resolution Authorizing Various Curb Markings on Bayhill Circle.

ALTERNATIVES: The City Council may choose not to adopt a resolution accepting the Grant of Easements and Dedication, and summary vacation of utility and roadway easements, and/or choose not to adopt resolution authorizing curb markings. The City Council may also choose to reject any of the associated agreements for the project, or may choose to require changes to one or more of the agreements.

ATTACHMENTS:

Attachment 1 - Bayhill VIII Phase 1 and 2 - Site Plan
Attachment 2 - City Council Resolution
Exhibit A - Legal Description of Google Property
Exhibit B - 1972 Parcel Map
Exhibit C - Master Easement Vacation & Dedication Exhibit Exhibit D - Storm Drain Exhibit
Exhibit E - Easement Grant Deed and Access Agreement
Exhibit F - Bayhill Circle Maintenance Agreement
Exhibit G - Stormwater Management Facilities Operation and Maintenance Agreement Exhibit H - Quitclaim Deed - Public Service Easements
Exhibit I - Quitclaim Deed - Roadway Easements
Attachment 3 - Bayhill Circle Plat and Legal Descriptions 10-08-2021 Attachment 4 - Stormwater Treatment Measures Maintenance Agreement Attachment 5 - City Council Resolution Authorizing Various Curb Markings on Bayhill Circle Attachment 6 - Curb Marking Figure TSPC Meeting August 4, 2021 99 of 315
Attachment 1 – Bayhill VIII Phase 1 and 2 – Site Plan

Page 1 of 2 ends

Site Vicinity Map
Site Plan for Bayhill Drive Terminus from First Amendment Approved in 1999 N
100 of 315
Attachment 1 – Bayhill VIII Phase 1 and 2 – Site Plan

Page 2 of 2 ends

Site Plan Second Amendment Approved in 2020
101 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt -1-
RESOLUTION NO. ____________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BRUNO (1) VACATING PUBLIC SERVICE EASEMENTS
OVER A PORTION OF THE PROPERTY AT 1400-1500
BAYHILL DRIVE; (2) VACATING ROADWAY EASEMENTS
WITHIN BAYHILL DRIVE; (3) ACCEPTING THE

DEDICATION OF UTILITY AND ROADWAY EASEMENTS
WITHIN BAYHILL CIRCLE; AND (4) AUTHORIZING THE

CITY MANAGER TO EXECUTE IMPLEMENTING

CONVEYANCE DOCUMENTS AND AGREEMENTS
WHEREAS, Google LLC (“Google”) holds fee title to certain real property located in the City of San Bruno, County of San Mateo, State of California, and as more particularly described on Exhibit A attached hereto (“Google Property”), to be developed as part of a campus office project including two new office buildings (“Building 2” and “Building 3”) and accessory central utility plant building together with subgrade parking and related site and utility improvements behind 901 Cherry Avenue (“Project”). When completed, the Google Property’s address will be 1400-1500 Bayhill Drive; and
WHEREAS, the City of San Bruno (“City”) owns the following easements dedicated by the Parcel Map entitled “Bayhill Center” filed October 11, 1972 in Book 78 of Maps, Pages 36 through 39, inclusive, in the Office of the County Recorder of San Mateo County (“Parcel Map,” attached as Exhibit B): (i) a 10-foot drainage easement dedicated to public agency use “for storm drain access and maintenance purposes” (“Drainage Easement”); (ii) a Public Utility Drainage Easement (“PUD Easement”) (together the “Public Service Easements” which traverse the Google Property); (iii) a right of way easement in and over Bayhill Drive (“Bayhill Drive ROW Easement”); and (iv) a five-foot public utility easement adjacent to Bayhill Drive (“Bayhill Drive Attachment 2 and Exhibits A through D
102 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt -2-
PUE”) (together, the “Roadway Easements”). The Public Service Easements and Roadway Easements are collectively referenced herein as the “Easements”; and WHEREAS, in connection with the Project and as shown on the “Master Easement Vacation & Dedication Exhibit” attached as Exhibit C: (i) the City will summarily vacate portions of the Easements which are not in use, which will be superseded by relocation and/or have been determined to be excess; and (ii) will accept the dedication of certain public service and street easements for new Bayhill Circle and associated public improvements (the “Roadway Dedications” defined at Section 11 hereof); and
WHEREAS, the City and Google have negotiated the terms of certain implementing agreements, deeds and other documents necessary to implement the easement vacations, acceptance of easements by the City, and maintenance obligations set forth herein; and WHEREAS, Chapter 4 (Summary Vacation) of Part 3 of Division 9 of the California Streets and Highways Code authorizes the City to summarily vacate the Easements based upon the factual findings and pursuant to the specific authority cited herein; and WHEREAS, California Streets and Highways Code (“Sts. & Hy. Code”) Section 8316 authorizes the City to vacate multiple “streets, highways, and public service easements, whether or not contiguous. . . in the same proceeding”; and
WHEREAS, California Government Code Section 7050 and California Civil Code Section 1009(c) authorize the City Council to accept an irrevocable offer of dedication on behalf of the City; and
WHEREAS, San Bruno Municipal Code Sections 2.12.060(N) and (O) authorize the City Council to delegate to the City Manager the general authority to “exercise such other powers as 103 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt -3-
may be authorized by the city council” and to execute “written contracts and conveyances made or entered into by the city, [as] authorized or approved by the city council”; and NOW, THEREFORE, BE IT RESOLVED by the San Bruno City Council that:

Summary Vacation of Public Service Easements.

Section 1. As a part of the Project, the existing 18"-30" storm drain line located within the Drainage Easement (“Existing Storm Drain Line”) will be removed and replaced with private storm drain lines to be located within Building 3 (“New Storm Drain Lines”), which will be owned and maintained by Google pursuant to that certain “Stormwater Management Facilities Operation & Maintenance Agreement.”
Section 2. As shown on the Storm Drain Exhibit attached as Exhibit D: (i) the northern portion of the PUD Easement (“Northern PUD Easement”) does not contain public utility or other City-owned improvements, but does contain an 8" private utility line that services Building 2; and (ii) the southern portion of the PUD Easement (“Southern PUD Easement”) contains a 30" storm drain line, a 10" City water line fed by the San Francisco Public Utilities Commission transmission pipeline, and the downstream portion of the 18"-30" Existing Storm Drain Line defined above (“Southern PUD Lines”).

Section 3. The Drainage Easement will no longer be utilized for the purposes for which it was dedicated following removal of the Existing Storm Drain Line. Therefore, the Drainage Easement will be superseded by relocation and will no longer contain public facilities. (Sts. & High. Code § 8333(c).) As such, the City finds and determines that the Drainage Easement can be summarily vacated in its entirety. Vacation of the Drainage Easement (“Drainage Easement Vacation”) shall become effective upon the removal of the Existing Storm Drain Line in the 104 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt -4-
Drainage Easement. When the Drainage Easement Vacation becomes effective, there will be no in place public utility facilities affected by this vacation.

Section 4. The Northern PUD Easement is not in use for the purposes for which it was dedicated, and has not been in such use for more than five consecutive years prior to the date on which this Resolution is adopted. (Sts. & Hy. Code § 8333(a).) Therefore, the City finds and determines that the Northern PUD Easement can be summarily vacated in its entirety.

Section 5. Portions of the Southern PUD Easement that do not contain the Southern PUD Lines or other public improvements have not been in such use for more than five consecutive years prior to the date on which this Resolution is adopted. (Sts. & Hy. Code § 8333(a).) As such, the City finds and determines that the Southern PUD Easement should be reduced to fifteen (15) feet in width to accommodate the Southern PUD Lines, and the unutilized remainder (as shown on Exhibit C) can be summarily vacated.

Section 6. Vacation of the Northern PUD Easement and a portion of the Southern PUD Easement (“PUD Easement Vacation”) shall become effective upon adoption of this Resolution. There are no in place public facilities that would be affected by the PUD Easement Vacation.

Summary Vacation of Roadway Easements.

Section 7. In connection with the Project, Bayhill Drive will be reconfigured from the existing hammerhead design to a roundabout designated “Bayhill Circle.” As shown on Exhibit C, to create Bayhill Circle: i) two portions of the Bayhill Drive ROW Easement totaling 3,837 square feet and designated “Right of Way Easement Vacation 1” (north of Bayhill Circle) and “Right of Way Easement Vacation 2” (south of Bayhill Circle) will be vacated by the City (together, the “ROW Easement Vacations”); and ii) two new right of way easement areas totaling 105 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt -5-
3,292 square feet and designated “Right of Way Easement 1” and “Right of Way Easement 2” (defined in Section 11 hereof) will be dedicated to the City. This easement swap results in a 545 net square foot vacation of City right of way interests to enable and improve the functionality of the existing terminus and to better provide for a variety of public and private uses including:
parking (ingress and egress), a fire truck turnaround, loading dock access for Regency Center, and improved access for the San Francisco Public Utilities Commission.

Section 8. The areas of the ROW Easement Vacations will no longer be utilized for Bayhill Drive after construction of the Project. Therefore, the City finds and determines that following completion of Bayhill Circle, these portions of the Bayhill Drive ROW Easement will be excess and can be summarily vacated as “[a]n excess right-of-way of a street or highway not required for street or highway purposes.” (Sts. & Hy. Code § 8334(a).) The ROW Easement Vacations shall become effective upon the final completion of all permit work for Bayhill Circle pursuant to the City plans, specifications and drawings entitled Site Improvement #2 - Bayhill Circle, Permit No. EP2012-0008.

Section 9. The Bayhill Drive PUE currently contains a 10-inch domestic water main which will remain in place after Project construction. As shown on Exhibit C, a small portion of the Bayhill Drive PUE (at the northeastern curve of Bayhill Circle where it merges with Bayhill Drive) will become part of and subsumed within new “Right of Way Easement 2,” pursuant to which the City will continue to have easement rights in the area. Accordingly, the City finds and determines that this portion of the Bayhill Drive PUE (“PUE Vacation”) shall be summarily vacated because it has been “superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.” (Sts. & Hy. Code 106 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt -6-
§ 8333(c).) The PUE Vacation shall become effective upon adoption of this Resolution. There are no in place public facilities that would be affected by the PUE Vacation.

Section 10. Following recordation of this Resolution, from and after the effective dates specified above, the Easements vacated hereby shall no longer constitute a public service or right of way easement, as applicable.

Accepting Roadway Dedications.

Section 11. As shown on Exhibit C and pursuant to the terms of that certain “Grant Deed and Access Agreement” attached hereto as Exhibit E:
(a) Google has irrevocably offered the following Roadway Dedications in and around Bayhill Circle and Bayhill Drive to the City: (i) a right of way easement over the east end of Bayhill Circle for street and sidewalk improvements (“Right of Way Easement 1”); (ii) a right of way easement over the west end of Bayhill Circle for street and sidewalk improvements (“Right of Way Easement 2”); (iii) a public utility easement for relocated City water meter in Bayhill Circle (“PUE 1”); (iv) a public utility easement for relocated City air release valve in Bayhill Circle (“PUE 2”), which dedication is subject to the express reservation that the upper level of Building 3 will overhang and extend into airspace of the PUE 2 easement area; and (v) a new public drainage easement for City maintenance of an existing 30-inch storm drain line (“Bayhill Circle PUD”) (together the “Roadway Dedications”). Each of the Roadway Dedications have been offered for dedication to the City subject to the express reservations as set forth in the Grant Deed and Access Agreement; and
(b) The City has agreed to grant Google a continuing right of access to conduct work in the Maintenance Area (as defined and depicted in the Grant Deed and Access Agreement) for the purpose of i) fulfilling Google’s obligations under the Bayhill Circle Maintenance 107 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt -7-
Agreement; and ii) installation, maintenance, expansion or updates to private utilities owned and operated by Google within the Maintenance Area.

Section 12. The terms of the Grant Deed and Access Agreement are hereby approved and the City Manager is authorized to execute the same, subject to such minor amendments necessary to effectuate the intent of the parties.

Section 13. The Roadway Dedications are hereby accepted by the City pursuant to California Government Code Section 7050 and California Civil Code Section 1009(c).

Section 14. Google will install and maintain custom improvements within and around Bayhill Circle including roadway/paving, perimeter street lights, decorative lighting, landscaping and irrigation, bicycle racks and associated streetscape and median improvements as set forth in the plans, specifications and drawings entitled Site Improvement #2 - Bayhill Circle, EP2012-0008, which have been approved by the City (“Bayhill Circle Improvements”). The City and Google have negotiated the terms of a “Bayhill Circle Maintenance Agreement,” attached as Exhibit F, that will require Google to maintain the Bayhill Circle Improvements. The terms of this maintenance agreement are hereby approved and the City Manager is authorized to execute the same, subject to such minor amendments necessary to effectuate the intent of the parties.

Approval/Execution of Implementing Documents & Agreements.

Section 15. Pursuant to San Bruno Municipal Code Sections 2.12.060(N) and (O), the City Council hereby authorizes the City Manager to execute agreements, deeds or other documents necessary to implement the Project, the construction of Bayhill Circle and Bayhill Circle Improvements, and related actions.

Section 16. City and Google have negotiated the terms of a “Stormwater Management Facilities Operation & Maintenance Agreement,” attached as Exhibit G, that will 108 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt -8-
require Google to own and maintain the New Storm Drain Lines. The terms of this agreement are hereby approved and the City Manager is authorized to execute the same, subject to such minor amendments necessary to effectuate the intent of the parties.

Section 17. City and Google have negotiated the terms of Quitclaim Deeds transferring all rights acquired by the City in the Easements:
(a) That certain Quitclaim Deed – Public Service Easements, attached hereto as Exhibit H, transferring certain rights acquired by the City in the Public Service Easements over the Google Property, is hereby approved. The City Manager is hereby authorized and directed to execute said quitclaim deed on behalf of the City.
(b) That certain Quitclaim Deed – Roadways Easements, attached hereto as Exhibit I, transferring certain rights acquired by the City in the Roadway Easements within Bayhill Drive, is hereby approved. The City Manager is hereby authorized and directed to execute said quitclaim deed on behalf of the City.

Section 18. The City Council finds that the acceptance or vacation of the Easements and related implementing actions is exempt from the California Environmental Quality Act, Pub. Res. Code Section 21000 et seq., pursuant to CEQA Guidelines Section 15302 (Class 2) and Section 15303 (Class 3(d)).

Section 19. The City Clerk is directed to:
(a) Cause a certified copy of this Resolution to be recorded without acknowledgment in the Office of the Recorder of the County of San Mateo in accordance with the provisions of California Streets and Highways Code Sections 8335(a)(2) and 8336. (b) Record the Grant Deed and Easement Agreement, as attached as Exhibit E and executed by the City Manager, in the Office of the Recorder of the County of San Mateo. 109 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt -9-
Complete a Certificate of Acceptance affirming that the Council accepted the easements and attach it to the Grant Deed for recordation.
(c) Record the Bayhill Circle Maintenance Agreement, as attached as Exhibit F and executed by the City Manager, in the Office of the Recorder of the County of San Mateo.
(d) Record the Stormwater Management Facilities Operation & Maintenance Agreement, as attached as Exhibit G and executed by the City Manager, in the Office of the Recorder of the County of San Mateo.
(e) Record the Quitclaim Deeds, as attached as Exhibits H and I and executed by the City Manager, in the Office of the Recorder of the County of San Mateo.

Section 20. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and this certification to be entered in the Book of Resolutions of the Council of this City.

Dated: July 26, 2022
-o0o-
I, Vicky Hasha, Deputy 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 26th day of July 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk
110 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt -10-

State of California )
County of San Mateo )
On _________________________, before me, ,
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
111 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT A
-1-

EXHIBIT A
Legal Description of Google Property
Real property in the City of San Bruno, County of San Mateo, State of California, described as follows:

PARCEL A:

PARCEL "A" AS SHOWN ON LOT LINE OF ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 01, 2008 AS INSTRUMENT NO. 2008-110098 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PORTION OF BLOCK 5 OF LOT 1, AS SHOWN ON THE MAP ENTITLED "BAYHILL CENTER", FILED OCTOBER 11, 1972 IN BOOK 78 OF MAPS AT PAGES 36 THROUGH 39, AND LOT 3, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED NOVEMBER 19, 1975 IN BOOK 29 OF PARCEL MAPS AT PAGE 38, SAN MATEO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 5, SAID

POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF CHERRY AVENUE; THENCE ALONG THE NORTHERLY LINE OF SAID BLOCK 5, SOUTH 57° 13' 02" WEST, 288.07 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 24° 38' 44" EAST, 438.18 FEET; THENCE SOUTH 65° 21' 16" WEST, 398.19 FEET; THENCE SOUTH 05° 54' 57" EAST, 82.14 FEET TO A POINT ON THE RIGHT OF WAY LINE OF BAYHILL DRIVE; THENCE ALONG SAID RIGHT OF WAY LINE AND BLOCK 5 (78 MAPS 36-39), SOUTH 84° 05' 03" WEST, 22.50 FEET; THENCE CONTINUING ALONG LAST SAID LINE, SOUTH 05° 54' 57" EAST, 119.30 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 3 (29 PARCEL MAPS 38); THENCE ALONG THE EXTERIOR LINE OF SAID LOT 3 (29 PARCEL MAPS 38), THE FOLLOWING (7) SEVEN COURSES:
1) SOUTH 05° 54' 57" EAST, 91.19 FEET;
2) NORTH 84° 05' 03" EAST, 45.00 FEET;
3) SOUTH 05° 54' 57" EAST, 372.19 FEET;
4) SOUTH 81° 15' 48" WEST, 35.50 FEET;
5) NORTH 64° 16' 00" WEST, 16.46 FEET;
6) NORTH 15° 49' 05" WEST, 164.58 FEET;
7) NORTH 43° 14' 36" WEST, 285.54 FEET TO THE MOST SOUTHERLY CORNER OF SAID BLOCK 5 (78 MAPS 36-39);
THENCE ALONG THE EXTERIOR LINE OF SAID LOT 1 (78 MAPS 36-39), THE FOLLOWING (5) FIVE COURSES:
1) NORTH 43° 14' 36" WEST, 39.92 FEET;
112 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT A
-2-
2) NORTH 06° 01' 15" EAST, 459.27 FEET;
3) NORTH 32° 34' 46" EAST, 168.57 FEET;
4) NORTH 48° 24' 08" EAST, 303.35 FEET;
5) NORTH 57° 13' 02" EAST, 47.86 FEET TO THE POINT OF
BEGINNING.

PARCEL B:

PARCEL "B" AS SHOWN ON LOT LINE OF ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 01, 2008 AS INSTRUMENT NO. 2008-110098

OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PORTION OF BLOCK 5 OF LOT 1, AS SHOWN ON THE MAP ENTITLED "BAYHILL CENTER," FILED OCTOBER 11, 1972 IN BOOK 78 OF MAPS AT PAGES 36 THROUGH 39, SAN MATEO COUNTY RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 5, SAID

POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF CHERRY AVENUE;
THENCE ALONG THE EXTERIOR LINES OF BLOCK 5 THE FOLLOWING (7) SEVEN COURSES:
1) SOUTH 24° 38' 44" EAST, 617.61 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET;
2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00", AN ARC DISTANCE OF 31.42 FEET;
3) SOUTH 65° 21' 16" WEST, 283.84 FEET;
4) SOUTH 65° 58' 57" WEST, 369.45 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 28.00 FEET;
5) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 108° 06' 06", AN ARC DISTANCE OF 52.83 FEET;
6) NORTH 05° 54' 57" WEST, 34.42 FEET;
7) SOUTH 84° 05' 03" WEST, 22.50 FEET;
THENCE LEAVING SAID EXTERIOR LINE NORTH 05° 54' 57" WEST, 82.14 FEET; THENCE NORTH 65° 21' 16" EAST, 398.19 FEET; THENCE NORTH 24° 38' 44" WEST, 438.18 FEET TO A POINT ON THE NORTHERLY LINE OF SAID BLOCK 5; THENCE ALONG SAID NORTHERLY LINE, NORTH 57° 13' 02" EAST, 288.07 FEET TO THE POINT OF BEGINNING.
113 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT A
-3-
APN: 020-012-160 (Affects Parcel A) and 020-012-170 (Affects Parcel B) JPN: 020-001-012-013A and 020-001-012-011A
114 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT B
-1-

EXHIBIT B
1972 Parcel Map
[ATTACHED]
115 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT B
-2-
116 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT B
-3-
117 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT B
-4-
118 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT B
-5-
119 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT C
-1-

EXHIBIT C
Master Easement Vacation & Dedication Exhibit
[ATTACHED]
120 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT C
-2-
121 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT C
-3-
122 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT D
-1-

EXHIBIT D
Storm Drain Exhibit
123 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT D
-2-
124 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT D
-3-
125 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT D
-4-
126 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT D
-5-
127 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT D
-6-
128 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT E
-1-

EXHIBIT E
Grant Deed and Access Agreement
[TO BE ATTACHED]
129 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT F
-1-

EXHIBIT F
Bayhill Circle Maintenance Agreement
[TO BE ATTACHED]
130 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT G
-1-

EXHIBIT G
Stormwater Management Facilities Operation & Maintenance Agreement [TO BE ATTACHED]
131 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT H
-1-

EXHIBIT H
Quitclaim Deed – Public Service Easements
[ATTACHED]
132 of 315
4821-5149-0557.3
178473.00360/10-11-21/lmt/lmt

EXHIBIT I
-1-

EXHIBIT I
Quitclaim Deed – Roadways Easements
[ATTACHED]
133 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

REC O RD I N G REQ UESTED B Y
A N D W H EN REC O RD ED M A I L TO :

C i t yof Sa n B r u no
5 67 El C a mi no Rea l
Sa n B r u no, C a l i for ni a94066
A t t ent i on: C i t yC l er k
)
)
)
)
)
)
)
)
(Space Above This Line for Recorder’s Use Only)
Exemp t fr om r ecor d i ngf ee p erGov. C od e § 27 3 8 3 .

EASEMENT GRANT DEED AND ACCESS AGREEMENT
Th i s GRA N T O F EA SE M EN T A N D A C C ESS A GREEM EN T ( “A g r eement ” )i s ma d e t h i s _ _ _d a yof_ _ _ _ _ _ _ _ _ _ _ _ , 2022, bya nd bet weenGO O GL E L L C , aD el a wa r e l i mi t ed l i a bi l i t y comp a ny ( “Goog l e” )a nd C I TY O F SA N B RUN O , ag ener a l l a w ci t y a nd mu ni ci p a l cor p or a t i on ( “C i t y ” ) . Goog l e a nd C i t y a r e ea chsomet i mes i nd i vi d u a l l y r efer r ed t o h er ei n a s a“P a r t y ” a nd , col l ect i vel y , a s t h e “P a r t i es. ”

RECITALS
Th i s A g r eement i s ma d e a nd ent er ed i nt o wi t hr efer ence t o t h e fol l owi ngfa ct s:

A . Goog l e h ol d s fee t i t l e t o cer t a i n r ea lp r op er t y l oca t ed i n t h e C i t y of Sa n B r u no, C ou nt y of Sa n M a t eo,St a t e of C a l i for ni a ,a nd a s mor e p a r t i cu l a r l y d escr i bed onExhibit A a t t a ch ed h er et o ( “Goog l e P r op er t y ” ) , t o be d evel op ed a s p a r t of aca mp u s offi ce p r oj ect i ncl u d i ng t wo new offi ce bu i l d i ng s ( “B u i l d i ng 2” a nd “B u i l d i ng 3 ” ) a nd a ccessor y cent r a lu t i l i t y p l a nt bu i l d i ng t og et h erwi t h su bg r a d e p a r k i ng a nd r el a t ed si t e a nd u t i l i t y i mp r ovement s beh i nd 901 C h er r y A venu e ( “P r oj ect ” ) .W h en comp l et ed , t h e Goog l e P r op er t y ’ s a d d r ess wi l l be 1400- 15 00 B a y h i l l D r i ve.

B . C i t y cu r r ent l y owns a nd ma i nt a i ns ar i g h tof wa y ea sementi n a nd overex i st i ng B a y h i l l D r i ve a d j a cent t o t h e Goog l e P r op er t y ( “B a y h i l l D r i ve RO W ” ) .Th e B a y h i l l D r i ve RO W Ea sement wa s d ed i ca t ed t o t h e C i t ybyt h e P a r cel M a pent i t l ed “B a y h i l l C ent er ” fi l ed O ct ober11, 197 2 i n B ook7 8 ofM a p s, P a g es 3 6 t h r ou g h3 9, i ncl u si ve, i n t h e O ffi ce oft h e C ou nt yRecor d erof Sa n M a t eo C ou nt y , a t t a ch ed a sExhibit B.

C . I n connect i on wi t h t h e P r oj ect , Goog l e wi l lr econfi g u r e t h e t er mi nu s of ex i st i ng B a y h i l lD r i ve,i ncl u d i ng t h e B a y h i l lD r i ve RO W ,fr om t h e cu r r enth a mmer h ea d d esi g n t o a r ou nd a bou td esi g na t ed “B a y h i l lC i r cl e, ” a s setfor t h i n t h e p l a ns,sp eci fi ca t i ons a nd d r a wi ng s ent i t l ed “Si t e I mp r ovement#2 - B a y h i l l C i r cl e, EP 2012- 0008 , ” ( t h e “P l a ns, ” a s ma y be a mend ed byt h e P a r t i es) , wh i chP l a ns h a ve been a p p r oved by t h e C i t y .

D . A s setfor t h on t h e P l a ns,t h e d evel op mentof B a y h i l lC i r cl e wi l li ncl u d e t h e i nst a l l a t i on by Goog l e of t h e fol l owi ng i mp r ovement s wi t h i n B a y h i l l C i r cl e: ( i )cu st om i mp r ovement s for p u bl i c u se i ncl u d i ng sp eci a l i zed concr et e cu r bs,cu r b r a mp s,g u t t er s a nd 134 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 2-
si d ewa l k s;st r eetl i g h t s a nd si t e l i g h t i ng ;r oa d wa y st r i p i ng ;med i a n i mp r ovement s,i ncl u d i ng l a nd sca p i ng , i r r i g a t i on a nd d ecor a t i ve l i g h t i ng ; a nd t r a ffi c si g na g e ( “B a y h i l l C i r cl e I mp r ovement s, ” a s d ep i ct ed ont h e “M a i nt ena nce A g r eement Ex h i bi t ” a t t a ch ed a sExhibit C) ; a nd ( i i )p r i va t e u t i l i t i es,t h e over h a ng of B u i l d i ng 3 a nd r el a t ed i mp r ovement s owned by Goog l e ( “P r i va t e I mp r ovement s, ” a s d et a i l ed on t h e p l a ns,sp eci fi ca t i ons a nd d r a wi ng s ent i t l ed “Si t e D evel op ment#1 Si t e Ut i l i t i es, B 2011- 0001” wh i chh a ve been a p p r oved by t h e C i t y a nd ma y be a mend ed byt h e P a r t i es)( col l ect i vel y , t h e “I mp r ovement s” ) .

E. B a y h i l lC i r cl e i s d esi g ned t o be l oca t ed d i r ect l y a d j a centt o t h e P r op er t y i n t h e P u bl i c Ri g h t - of- W a y . ( “P u bl i c Ri g h t - of- W a y ”sh a l lmea n t h e su r fa ce, t h e a i rsp a ce a bove t h e su r fa ce a nd t h e a r eabel ow t h e su r fa ce of a ny p u bl i c st r eet ,si d ewa l k ,d ed i ca t ed p u bl i c u t i l i t y ea sementorsi mi l a rp r op er t y i n wh i chC i t y now orh er ea ft erh ol d s a ny p r op er t y i nt er estwh i chi s consi st entwi t h t h e p u r p oses forwh i ch i twa s d ed i ca t ed . ) C i t y h a s t h e a u t h or i t y t o r eg u l a t e t h e t er ms a nd cond i t i ons fort h e u se a nd const r u ct i on of t h e I mp r ovement s t o be l oca t ed wi t h i n t h e P u bl i c Ri g h t - of- W a y , i ncl u d i ngt h e Roa d wa y Ea sement s ( d efi ned bel ow)g r a nt ed p u r su a nt t o t h i s A g r eement .

F. Th e P a r t i es d esi r e t o ent eri nt o t h i s A g r eementfort h e p u r p ose of cr ea t i ngcer t a i n ea sement s benefi t i ng a nd bu r d eni ng t h ei r r esp ect i ve p r op er t y i nt er est s i n B a y h i l lC i r cl e a nd g r a nt i ngi )by Goog l e t o C i t y , cer t a i n r i g h t - of- wa y a nd u t i l i t y ea sement s wi t h i n B a y h i l l C i r cl e a s mor e p a r t i cu l a r l y d efi ned a nd d escr i bed a tSect i on 1 h er eof ( “Roa d wa y Ea sement s” ) ; a nd i i )by C i t y t o Goog l e, acont i nu i ngr i g h t of a ccess t o t h e M a i nt ena nce A r eaforp u r p oses of i nst a l l a t i on, ma i nt ena nce a nd / oru p d a t es t o t h e I mp r ovement s.

N O W TH EREFO RE, Gr a nt ora nd Gr a nt ee h er eby a g r ee a s fol l ows:

1. Gr a nt ofRoa d wa yEa sement s t oC i t y .Forg ood a nd va l u a bl e consi d er a t i on, r ecei p t of wh i chi s h er eby a ck nowl ed g ed , a nd su bj ect t oa nd on t h e t er ms a nd cond i t i ons set for t hh er ei n, Goog l e h er eby g r a nt s t o t h e C i t y , t h e p er p et u a l , non- ex cl u si ve ea sement s r i g h t s on, over , a cr oss, u nd era nd wi t h i n t h ose cer t a i n p or t i ons of B a y h i l lC i r cl e a s d efi ned a nd d escr i bed , a nd fort h e p u r p ose set for t hbel ow ( “Roa d wa yE a sement s” ) :

1. 1 Ri g h t - of- W a y E a sement s.Goog l e h er eby g r a nt s t o C i t y ( i )ar i g h t - of- wa y ea sement forst r eet a nd si d ewa l ki mp r ovement s overt h e ea st end ofB a y h i l l C i r cl e ( “Ri g h t ofW a y Ea sement 1” )a nd ( i i )ar i g h t - of- wa yea sement forst r eet a nd si d ewa l ki mp r ovement s overt h e west end of B a y h i l lC i r cl e ( “Ri g h tof W a y E a sement2” ) ,wh i ch ea sement s a r e mor e p a r t i cu l a r l y d escr i bed onExhibit D-1 a nd d ep i ct ed onExhibit D-2 a t t a ch ed h er et o.

1. 2 P u bl i c Ut i l i t y E a sement s. Goog l e h er eby g r a nt s t o C i t y ( i )ap u bl i c u t i l i t y ea sement foraC i t ywa t ermet era nd fi r e h y d r a nt t o be i nst a l l ed i n connect i on wi t ht h e P r oj ect a nd a ccep t ed by t h e C i t y D ep a r t mentof P u bl i c W or k s ( “D P W ” )a tcl osu r e of t h e a p p l i ca bl e p er mi t ( “P u bl i c Ut i l i t yEa sement 1” )a nd ( i i )ap u bl i c u t i l i t yea sement foraC i t ya i rr el ea se va l ve t h a t h a s been r el oca t ed d u e t o t h e P r oj ect ,wh i ch g r a ntof ea sementi s su bj ectt o t h e C i t y ’ s ex p r ess a ck nowl ed g ementt h a tt h e u p p erl evel of B u i l d i ng3 wi l l over h a ng , encr oa cha nd ex t end i nt o t h e a i r sp a ce of t h i s p u bl i c u t i l i t y ea sement( “P u bl i c Ut i l i t y E a sement2” ) , wh i chea sement s a r e mor e p a r t i cu l a r l yd escr i bed onExhibit E-1 a nd d ep i ct ed onExhibit E-2 a t t a ch ed h er et o. 135 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 3 -

1. 3 P u bl i c D r a i na g e E a sement .Goog l e h er eby g r a nt s t o C i t yap u bl i c d r a i na g e ea sement forma i nt ena nce ofa nex i st i ngt h i r t yi nch( 3 0” )C i t yst or m d r a i nl i ne a smor e p a r t i cu l a r l y d escr i bed onExhibit F-1 a nd d ep i ct ed onExhibit F-2 a t t a ch ed h er et o.

2. Reser va t i ons.Th e Roa d wa y E a sement s g r a nt ed t o t h e C i t y sh a l l be su bj ectt o t h e fol l owi ngex p r ess r eser va t i ons of r i g h t s by Goog l e:

2. 1 A l l i n- p l a ce p r i va t e u t i l i t i es owned by Goog l e, i ncl u d i ngbu tnotl i mi t ed t o t h e P r i va t e I mp r ovement s d efi ned a bove, sh a l l be ex p r essl yp er mi t t ed i n t h e B a y h i l l C i r cl e P u bl i c Ri g h t - of- W a yi ncl u d i ngt h e Roa d wa yE a sement a r ea s ( t h e “Ea sement A r ea ” ) ;

2. 2 Goog l e r eser ves t h e r i g h tt o u p g r a d e,r el oca t e or a d d a d d i t i ona lp r i va t e u t i l i t i es wi t h i n t h e Ea sementA r eaa s r equ i r ed fort h e P r oj ecti n t h e sol e a nd u nfet t er ed j u d g ment of Goog l e, su bj ect t o D P W r evi ew, wh i chu p g r a d ed , r el oca t ed ora d d ed p r i va t e u t i l i t i es a ft ersu ch wor ksh a l l be d eemed P r i va t e I mp r ovement s forp u r p oses of t h i s A g r eement ; a nd .

2. 3 A l l ot h ercovena nt s, cond i t i ons, r est r i ct i ons, r eser va t i ons, r i g h t s, r i g h t s- of- wa y , d ed i ca t i ons, offer s of d ed i ca t i on a nd ea sement s of r ecor d overB a y h i l l C i r cl e. 3 . M a i nt ena nce. Fol l owi ng const r u ct i on of t h e I mp r ovement s,Goog l e a nd i t s su ccessor s a nd a ssi g ns sh a l l ma i nt a i n a nd r ep a i rsa i d I mp r ovement s i n a ccor d a nce wi t ht h e t er ms of t h e B a y h i l l C i r cl e M a i nt ena nce A g r eement .C i t y sh a l l r ema i n r esp onsi bl e fort h e ma i nt ena nce a nd r ep a i rof a l l p u bl i c u t i l i t i es a nd C i t y - owned i mp r ovement s l oca t ed wi t h i n t h e Ea sement A r ea .

4. Gr a ntof A ccess Ri g h t s t o Goog l e. C i t y h er eby convey s a nd g r a nt s t o Goog l e a p er ma nenta nd p er p et u a lr i g h tof a ccess over ,on,u nd er ,i n,a cr oss,a l ong a nd t h r ou g h t h e “M a i nt ena nce A r ea , ” a s d ep i ct ed onExhibit C t o t h i s A g r eement , forp u r p oses of ( i )ma i nt a i ni ng t h e I mp r ovement s i n a ccor d a nce wi t h t h e t er ms of t h e B a y h i l lC i r cl e M a i nt ena nce A g r eement ; a nd / or( i i )u p g r a d i ng , r el oca t i ngora d d i nga d d i t i ona l p r i va t e u t i l i t i es wi t h i n t h e Ea sement A r eaa s r eser ved u nt o Goog l e p u r su a ntt o t h e t er ms of t h i s A g r eement . W i t h ou tl i mi t i ngt h e for eg oi ng , Goog l e sh a l l h a ve t h e r i g h t t o a ssi g n, conveyorot h er wi se t r a nsfer , i n wh ol e ori n p a r t , t h e r i g h t of a ccess g r a nt ed h er ei n t o a ny t h i r d p a r t y wh o sh a l l ( i )own a ny p or t i on of orma na g e a ny common i nt er estd evel op mentwi t h i n t h e Goog l e P r op er t y a nd ( i i )a ssu me a l lof Goog l e’ s d u t i es a nd obl i g a t i ons h er eu nd er .
5 . I nd emni t y forUse of Roa d wa y Ea sement s.C i t y sh a l l i nd emni fy , d efend a nd h ol d Goog l e h a r ml ess fr om a nd a g a i nst( i )a ny a nd a l l cl a i ms, d ema nd s, su i t s, l osses, cost s, l i a bi l i t i es p ena l t i es, d a ma g es a nd ex p enses su ffer ed ori ncu r r ed by a ny t h i r d p a r t y orent i t y a r i si ngou t of or i n connect i on wi t ht h e u se of t h e Roa d wa y Ea sement s, or( i i )a ny ent r y ont o ora ct i vi t y by oron beh a l f of C i t y a nd / ori t s emp l oy ees, a g ent s, cont r a ct or s, consu l t a nt s, ori nvi t ees i n t h e Ea sement A r ea ,ex cep t ,i n ea ch i nst a nce,t o t h e ex t enta r i si ng fr om ( a ) t h e neg l i g ence or i nt ent i ona l mi scond u ctof Goog l e ora ny of i t s emp l oy ees,a g ent s,orcont r a ct or s or ( b)Goog l e’ s P r i va t e I mp r ovement s, t h ei rop er a t i on, a nd a ny ma i nt ena nce, r ep a i r , u p g r a d e, r el oca t i on, a d d i t i on oru se t h er eof by oron beh a l f of Goog l e.

6. C ovena nt s Ru nni ngwi t ht h e L a nd .A l l oft h e a g r eement s, a ccess r i g h t s, covena nt s, a nd g r a nt s of ea sement s cont a i ned i n t h i s A g r eementsh a l lr u n wi t h t h e l a nd ( a s d efi ned i n C a l i for ni aC i vi l C od e Sect i ons 1460 a nd 1462)a nd sh a l l be bi nd i ngu p on ori nu r e t o t h e benefi t 136 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 4-
of ( a s t h e ca se ma y r equ i r e)t h e P a r t i es h er et o, a nd t h ei rr esp ect i ve h ei r s, su ccessor s, a nd a ssi g ns, wh et h erby op er a t i on of l a w ori n a ny ot h erma nnerwh a t soever . D esp i t e a ny p r ovi si on t o t h e cont r a r yi n t h i s A g r eement , ( i )a l l r efer ences i n t h i s A g r eement t o Goog l e sh a l l be d eemed t o r efer t o Goog l e orGoog l e’ s su ccessor s ora ssi g ns, a nd ( i i )a l l r efer ences i n t h i s A g r eement t o C i t ysh a l l be d eemed t o r efert o C i t y orC i t y ’ s su ccessor s ora ssi g ns.Th e su ccessor s ora ssi g ns of Goog l e a nd C i t y a r e ea chbou nd a nd benefi t ed a s a p p l i ca bl e, byt h i s A g r eement . 7 . Recor d a t i on.Th i s A g r eement sh a l l be d u l yr ecor d ed i n t h e O ffi ci a l Recor d s of t h e C ou nt y of Sa n M a t eo, C a l i for ni a( “O ffi ci a l Recor d s” ) . 8 . A mend ment . Th i s A g r eementma y be a mend ed or mod i fi ed onl y by a wr i t t en i nst r u mentex ecu t ed a nd a ck nowl ed g ed by t h e P a r t i es ort h ei rsu ccessor s i n i nt er esta nd r ecor d ed i n t h e O ffi ci a l Recor d s.

9. N ot i ces. A ny not i ces r el a t i ngt o t h i s A g r eement sh a l l be g i ven i n wr i t i nga nd sh a l l be d eemed su ffi ci ent l yg i vena nd ser ved fora l l p u r p oseswh end el i ver ed p er sona l l yorbyg ener a l l y r ecog ni zed over ni g h tcou r i erser vi ce, orfi ve ( 5 )ca l end a rd a y s a ft erd ep osi ti n t h e Uni t ed St a t es ma i l , cer t i fi ed orr eg i st er ed , r et u r n r ecei p t r equ est ed , wi t hp ost a g e p r ep a i d , a d d r essed a s fol l ows:

To Goog l e: SB O Fa ci l i t i es
901 C h er r yA venu e
Sa n B r u no, C A 94066
A t t n: Sa n B r u no Fa ci l i t i es
Ema i l : fm- sbo@ g oog l e. com
W i t hacop yt o: A l l en M a t k i ns L eckGa mbl e M a l l or y & N a t si s L L P Th r ee Emba r ca d er o C ent er , 12t hFl oor
Sa n Fr a nci sco, C A 94111
A t t n:D a vi d H . B l a ck wel l , Esq.

To C i t y : C i t yof Sa n B r u no
5 67 El C a mi no Rea l
Sa n B r u no, C A 94066
A t t n:C i t yM a na g er
W i t hacop yt o: C i t yof Sa n B r u no
5 67 El C a mi no Rea l
Sa n B r u no, C a l i for ni a94066
A t t n:C i t yA t t or ney

10. N o P a r t ner sh i p .N ot h i ngcont a i ned i n t h i s A g r eement , nora ny a ct s of t h e P a r t i es, sh a l l be d eemed orconst r u ed t o cr ea t e a ny r el a t i onsh i pof p r i nci p a l a nd a g ent , orof p a r t ner sh i p , orof j oi nt vent u r e, orof a ny a ssoci a t i on bet ween t h e P a r t i es.

11. P a r t i a lI nva l i d i t y . A ny p r ovi si on of t h i s A g r eementa d j u d i ca t ed by a cou r tof comp et entj u r i sd i ct i on t o be i nva l i d oru nenfor cea bl e fora ny r ea son sh a l lbe i neffect i ve t o t h e 137 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 5 -
ex t entt h a tsu ch p r oh i bi t i on or i nva l i d i t y sh a l lnoti nva l i d a t e or ot h er wi se r end er i nva l i d or u nenfor cea bl e a nyr ema i ni ngp r ovi si ons of t h i s A g r eement .

12. Ent i r e A g r eement .Th i s A g r eementset s for t ht h e ent i r e A g r eementof t h e P a r t i es wi t h r esp ectt o t h e su bj ectma t t era d d r essed , ex cep tfort h ose p l a ns a nd a g r eement s r efer enced h er ei n, a nd a l lp r i orneg ot i a t i ons, r ep r esent a t i ons, wa r r a nt i es a nd d i scu ssi ons a r e su p er sed ed by t h e p r ovi si ons of t h i s A g r eement .
13 . Ti me ofEssence.Th e P a r t i es h er ebya ck nowl ed g e a nd a g r ee t h a t t i me i s st r i ct l yof t h e essence wi t hr esp ectt o ea cha nd ever y t er m, cond i t i on, obl i g a t i on a nd p r ovi si on h er eof a nd t h a t fa i l u r e t o t i mel yp er for m a nyoft h e t er ms, cond i t i ons, obl i g a t i ons orp r ovi si ons h er eof bya ny P a r t y sh a l lconst i t u t e ama t er i a lbr ea ch of a nd ad efa u l tu nd ert h i s A g r eementby t h e P a r t y so fa i l i ngt o p er for m.

14. Ex h i bi t s.A l l ex h i bi t s r efer r ed t o i n t h i s A g r eementa r e a t t a ch ed a nd i ncor p or a t ed byt h i s r efer ence.
15 . Gover ni ngL a w.Th e P a r t i es a ck nowl ed g e t h a t t h i s A g r eement h a s beenneg ot i a t ed a nd ent er ed i nt o i n t h e St a t e of C a l i for ni a .Th e P a r t i es ex p r essl y a g r ee t h a tt h i s A g r eementsh a l l be g over ned by , i nt er p r et ed u nd er , a nd const r u ed a nd enfor ced i n a ccor d a nce wi t ht h e l a ws of t h e St a t e of C a l i for ni a .

16. C onst r u ct i on. Th e P a r t i es a ck nowl ed g e t h a tt h e P a r t i es a nd t h ei r cou nselh a ve r evi ewed a nd r evi sed t h i s A g r eementa nd a g r ee t h a tt h e nor ma l r u l e of const r u ct i on t o t h e effect t h a ta ny a mbi g u i t i es a r e t o be r esol ved a g a i nstt h e d r a ft i ng p a r t y sh a l lnotbe emp l oy ed i n t h e i nt er p r et a t i on of t h i s A g r eement ora ny ex h i bi t s ora mend ment s h er et o. 17 . Ex ecu t i on i n C ou nt er p a r t s. Th i s A g r eementma y be ex ecu t ed i n a ny nu mberof cou nt er p a r t s a nd by d i ffer entP a r t i es h er et o on sep a r a t e cou nt er p a r t s,ea ch of wh i ch wh en so ex ecu t ed a nd d el i ver ed sh a l l be d eemed a nor i g i na l a nd a l l ofwh i cht a k ent og et h ersh a l l const i t u t e bu t one a nd t h e sa me i nst r u ment .
18 . A u t h or i t y .Ea chp er son ex ecu t i ngt h i s A g r eementon beh a l f of ap a r t y r ep r esent s a nd wa r r a nt s t h a tsu ch p er son i s d u l y a nd va l i d l y a u t h or i zed t o d o so on beh a l f of t h e ent i t y i t p u r p or t s t o bi nd a nd i f su chp a r t y i s ap a r t ner sh i p , cor p or a t i on ort r u st ee, t h a tsu ch p a r t ner sh i p , cor p or a t i on ort r u st ee h a s fu l l r i g h ta nd a u t h or i t y t o ent eri nt o t h i s A g r eementa nd p er for m a l l of i t s obl i g a t i ons h er eu nd er .

19. N o W a i ver .Th e wa i verof a ny covena ntcont a i ned h er ei n sh a l l notbe d eemed t o be acont i nu i ngwa i verof t h e sa me ora ny ot h ercovena nt cont a i ned h er ei n.

SI GN A TURES P RO V I D ED O N FO L L O W I N G P A GE 138 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 6-
D a t ed : , 2022 GOOGLE:

GO O GL E L L C ,
aD el a wa r e l i mi t ed l i a bi l i t ycomp a ny
B y : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N a me: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I t s: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D a t ed : , 2022 CITY:

C I TY O F SA N B RUN O ,
ag ener a l l a w ci t y a nd mu ni ci p a l cor p or a t i on B y : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J ova n D . Gr og a n, C i t yM a na g er
A TTEST: A P P RO V ED A S TO FO RM :
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _B y : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ V i ck y H a sh a , D ep u t yC i t y C l er kTr i sh aO r t i z, I nt er i m C i t yA t t or ney 139 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 7 -

ACKNOWLEDGMENT
A n o t a r y p ub l i co ro t h e ro f f i c e rc o m p l e t i n gt h i s c e r t i f i c a t e v e r i f i e s o n l y t h ei d e n t i t y o ft h ei n d i v i d ua l w h os i g n e dt h ed o c um e n tt ow h i c ht h i s c e r t i f i c a t ei s a t t a c h e d , a n dn o tt h et r ut h f ul n e s s , a c c ur a c y, o r v a l i d i t y o f t h a td o c um e n t .

St a t e of C a l i for ni a )
C ou nt y of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _) O n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , befor e me, , ( i nser t na me of no t a r y )
N ot a r yP u bl i c, p er sona l l y a p p ea r ed ,
wh o p r oved t o me on t h e ba si s of sa t i sfa ct or y evi d ence t o be t h e p er son( s)wh ose na me( s)i s/ a r e su bscr i bed t o t h e wi t h i n i nst r u menta nd a ck nowl ed g ed t o me t h a th e/ sh e/ t h ey ex ecu t ed t h e sa me i nh i s/ h er / t h ei ra u t h or i zed ca p a ci t y ( i es) , a nd t h a t byh i s/ h er / t h ei rsi g na t u r e( s)ont h e i nst r u ment t h e p er son( s) , ort h e ent i t y u p on beh a l f of wh i cht h e p er son( s)a ct ed , ex ecu t ed t h e i nst r u ment .

Icer t i fyu nd erP EN A L TY O F P ERJ URY u nd ert h e l a ws of t h e St a t e of C a l i for ni at h a t t h e for eg oi ngp a r a g r a p hi s t r u e a nd cor r ect .

W I TN ESS myh a nd a nd offi ci a l sea l .

Si g na t u r e ( Sea l )
140 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 8 -

Icer t i fyu nd erP EN A L TY O F P ERJ URY u nd ert h e l a ws of t h e St a t e of C a l i for ni at h a t t h e for eg oi ngp a r a g r a p hi s t r u e a nd cor r ect .

W I TN ESS myh a nd a nd offi ci a l sea l .

Si g na t u r e ( Sea l )
141 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T A
- 1-

EXHIBIT A

LEGAL DESCRIPTION OF GOOGLE PROPERTY
Rea l p r op er t yi nt h e C i t yofSa nB r u no, C ou nt yofSa nM a t eo, St a t e ofC a l i f or ni a , d escr i bed a s fol l ows:

P A RC E L A :

P A RC E L “A ”A S SH O W N O N L O T L I N E O F A D J USTM EN T,A S EV I D EN C ED B Y D O C UM EN T REC O RD ED O C TO B ER 01, 2008 A S I N STRUM EN T N O . 2008 - 110098 O F O FFI C I A L RE C O RD S,B EI N G M O RE P A RTI C UL A RL Y D ESC RI B ED A S FO L L O W S:

A P O RTI O N O F B L O C K 5 O F L O T 1, A S SH O W N O N TH E M A P EN TI TL ED “B A Y H I L L C EN TER” ,FI L ED O C TO B ER 11, 197 2 I NB O O K 7 8 O FM A P S A T P A GES 3 6 TH RO UGH 3 9, A N D L O T 3 , A S SH O W N O N TH A T C ERTA I N P A RC E L M A P FI L ED N O V EM B ER 19,197 5 I N B O O K 29 O F P A RC E L M A P S A T P A GE 3 8 ,SA N M A TEO C O UN TY REC O RD S, M O RE P A RTI C UL A RL Y D ESC RI B ED A S FO L L O W S:

C O M M EN C I N G A T TH E M O ST N O RTH ERL Y C O RN ER O F SA I D B L O C K 5 ,SA I D

P O I N T A L SO B EI N G O N TH E SO UTH W ESTERL Y RI GH T O F W A Y L I N E O F C H E RRY A V EN UE; TH EN C E A L O N G TH E N O RTH ERL Y L I N E O F SA I D B L O C K 5 , SO UTH 5 7 ° 13 ’ 02” W EST, 28 8 . 07 FEET TO TH E P O I N T O F B EGI N N I N G; TH EN C E L EA V I N G SA I D N O RTH ERL Y L I N E, SO UTH 24° 3 8 ’ 44” EA ST, 43 8 . 18 FEET;TH EN C E SO UTH 65 ° 21’ 16” W EST, 3 98 . 19 FEET; TH EN C E SO UTH 05 ° 5 4’ 5 7 ” EA ST, 8 2. 14 FEET TO A P O I N T O N TH E RI GH T O F W A Y L I N E O F B A Y H I L L D RI V E; TH EN C E A L O N G SA I D RI GH T O F W A Y L I N E A N D B L O C K 5( 7 8 M A P S 3 6- 3 9) , SO UTH 8 4°05 ’ 03 ” W EST, 22. 5 0 FEET; TH EN C E C O N TI N UI N G A L O N G L A ST SA I D L I N E, SO UTH 05 ° 5 4’5 7 ” EA ST, 119. 3 0 FEET TO TH E M O ST N O RTH ERL Y C O RN E R O FSA I D L O T 3( 29 P A RC EL M A P S 3 8 ) ; TH EN C E A L O N G TH E EX TERI O R L I N E O FSA I D L O T 3( 29 P A RC EL M A P S 3 8 ) , TH E FO L L O W I N G ( 7 )SEV EN C O URSE S:
1)SO UTH 05 ° 5 4’ 5 7 ” EA ST, 91. 19 FEET;
2)N O RTH 8 4° 05 ’ 03 ” EA ST, 45 . 00 FEET;
3 )SO UTH 05 ° 5 4’ 5 7 ” EA ST, 3 7 2. 19 FEET;
4)SO UTH 8 1° 15 ’ 48 ” W EST, 3 5 . 5 0 FEET;
5 )N O RTH 64° 16’ 00” W EST, 16. 46 FEET;
6)N O RTH 15 ° 49’ 05 ” W EST, 164. 5 8 FEET;
7 )N O RTH 43 ° 14’ 3 6” W EST, 28 5 . 5 4 FEET TO TH E M O ST SO UTH ERL Y C O RN E R O F SA I D B L O C K 5 ( 7 8 M A P S 3 6- 3 9) ;
TH EN C E A L O N G TH E EX TERI O R L I N E O F SA I D L O T 1 ( 7 8 M A P S 3 6- 3 9) ,TH E FO L L O W I N G ( 5 ) FI V E C O URSES:
1)N O RTH 43 ° 14’ 3 6” W EST, 3 9. 92 FEET;
2)N O RTH 06° 01’ 15 ” EA ST, 45 9. 27 FEET;
142 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T A
- 2-
3 )N O RTH 3 2° 3 4’ 46” EA ST, 168 . 5 7 FEET;
4)N O RTH 48 ° 24’ 08 ” EA ST, 3 03 . 3 5 FEET;
5 )N O RTH 5 7 ° 13 ’ 02” EA ST, 47 . 8 6 FEET TO TH E P O I N T O F B EGI N N I N G P A RC E L B :

P A RC E L “B ” A S SH O W N O N L O T L I N E O F A D J USTM EN T, A S EV I D EN C ED B Y D O C UM EN T REC O RD ED O C TO B ER 01, 2008 A S I N STRUM EN T N O . 2008 - 110098

O F O FFI C I A L RE C O RD S, B EI N G M O RE P A RTI C UL A RL Y D ESC RI B ED A S FO L L O W S:

A P O RTI O N O F B L O C K 5 O F L O T 1,A S SH O W N O N TH E M A P EN TI TL ED “B A Y H I L L C EN TER, ” FI L ED O C TO B ER 11,197 2 I NB O O K 7 8 O F M A P S A T P A GES 3 6 TH RO UGH 3 9 , SA N M A TEO C O UN TY REC O RD S, M O RE P A RTI C UL A RL Y D E SC RI B ED A S FO L L O W S:

B EGI N N I N G A T TH E M O ST N O RTH ERL Y C O RN ER O F SA I D B L O C K 5 ,SA I D

P O I N T A L SO B EI N G O N TH E SO UTH W ESTERL Y RI GH T O F W A Y L I N E O F C H ERRY A V EN UE;
TH EN C E A L O N G TH E EX TERI O R L I N ES O F B L O C K 5 TH E FO L L O W I N G ( 7 ) SEV EN C O URSE S:
1)SO UTH 24° 3 8 ’44” EA ST,617 . 61 FEET TO TH E B EGI N N I N G O F A TA N GEN T C URV E TO TH E RI GH T H A V I N G A RA D I US O F 20. 00 FEET; 2)A L O N G SA I D C URV E TH RO UGH A C EN TRA L A N GL E O F 90°00’ 00” , A N A RC D I STA N C E O F 3 1. 42 FEET;
3 )SO UTH 65 ° 21’ 16” W EST, 28 3 . 8 4 FEET;
4)SO UTH 65 ° 5 8 ’5 7 ” W EST,3 69. 45 FEET TO TH E B EGI N N I N G O F A TA N GE N T C URV E TO TH E RI GH T H A V I N G A RA D I US O F 28 . 00 FEET; 5 )A L O N G SA I D C URV E TH RO UGH A C EN TRA L A N GL E O F 108 °06’ 06” , A N A RC D I STA N C E O F 5 2. 8 3 FEET;
6)N O RTH 05 ° 5 4’ 5 7 ” W EST, 3 4. 42 FEET;
7 )SO UTH 8 4° 05 ’ 03 ” W EST, 22. 5 0 FEET;
TH EN C E L E A V I N G SA I D E X TERI O R L I N E N O RTH 05 ° 5 4’5 7 ” W EST, 8 2. 14 FEET; TH EN C E N O RTH 65 ° 21’16”EA ST,3 98 . 19 FEET;TH EN C E N O RTH 24° 3 8 ’44” W EST, 43 8 . 18 FEET TO A P O I N T O N TH E N O RTH ERL Y L I N E O F SA I D B L O C K 5 ; TH EN C E A L O N G SA I D N O RTH ERL Y L I N E, N O RTH 5 7 ° 13 ’ 02” EA ST, 28 8 . 07 FEET TO TH E P O I N T O F B EGI N N I N G.

A P N : 020- 012- 160 ( A ff ect s P a r cel A )a nd 020- 012- 17 0 ( A ffect s P a r cel B ) J P N : 020- 001- 012- 013 A a nd 020- 001- 012- 011A
143 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T B
- 1-

EXHIBIT B
1972 PARCEL MAP
[a t t a ch ed ]
144 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T B
- 2-
145 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T B
- 3 -
146 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T B
- 4-
147 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T B
- 5 -
148 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T C
- 1-

EXHIBIT C

MAINTENANCE AGREEMENT EXHIBIT
[a t t a ch ed ]
149 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T C
- 2-
150 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T D - 1
- 1-
EXHIBIT D-1

LEGAL DESCRIPTION OF RIGHT OF WAY EASEMENTS
151 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T D - 1
- 2-
152 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T D - 2
- 1-
EXHIBIT D-2

DEPICTION OF RIGHT OF WAY EASEMENTS
153 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T D - 2
- 2-
154 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T E- 1
- 1-
EXHIBIT E-1

LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENTS
155 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T E- 1
- 2-
156 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T E- 2
- 1-
EXHIBIT E-2

DEPICTION OF PUBLIC UTILITY EASEMENTS
157 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T E- 2
- 2-
158 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T F- 1
- 1-
EXHIBIT F-1

LEGAL DESCRIPTION OF PUBLIC DRAINAGE EASEMENT
159 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T F- 2
- 1-
EXHIBIT F-2

DEPICTION OF PUBLIC DRAINAGE EASEMENT
160 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T F- 2
- 2-
161 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -1-

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of San Bruno
567 El Camino Real
San Bruno, California 94066
Attention: City Clerk
)
)
)
)
)
)
)
)
(Space Above This Line for Recorder’s Use Only)
Exempt from recording fee per Gov. Code § 27383.

BAYHILL CIRCLE

MAINTENANCE AGREEMENT
1400-1500 Bayhill Drive, San Bruno
This BAYHILL CIRCLE MAINTENANCE AGREEMENT (“Agreement”) is made and entered into this ___ day of ______________, 2022 (“Effective Date”), by and between GOOGLE LLC, a Delaware limited liability company (“Property Owner”), and the CITY OF SAN BRUNO, a California general law city and municipal corporation (“City”). City and Property Owner are referred to herein each as a “Party” and collectively as the “Parties.”

RECITALS
This Agreement is made and entered into with reference to the following facts:

A. Property Owner holds fee title to certain real property located in the City of San Bruno, County of San Mateo, State of California, as more particularly described in Exhibit A attached hereto (“Property”), to be developed as part of a campus office project including two new office buildings and accessory central utility plant building together with subgrade parking and related site and utility improvements behind 901 Cherry Avenue (“Project”). When completed, the Property’s address will be 1400-1500 Bayhill Drive.

B. In connection with the Project, the City and Property Owner both desire to reconfigure the terminus of existing Bayhill Drive from the current hammerhead design to a roundabout designated “Bayhill Circle,” as set forth in the plans, specifications and drawings entitled “Site Development #2 Bayhill Circle EP2012-0008” (the “Plans,” as may be amended by the Parties), which Plans have been approved by the City. As set forth on the Plans and depicted on the “Maintenance Agreement Exhibit” attached asExhibit B to this Agreement, development of Bayhill Circle will include installation by Property Owner of a series of improvements in the Public Right-of-Way, including specialized concrete curbs, curb ramps, gutters and sidewalks; street lights and site lighting; roadway striping; median improvements, including landscaping, irrigation and decorative lighting; and traffic signage (collectively, the “Bayhill Circle Improvements”). “Public Right-of-Way”shall mean the surface, the air space above the surface and the area below the surface of any public street, sidewalk, dedicated public utility easement or 162 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -2-
similar property in which City now or hereafter holds any property interest which is consistent with the purposes for which it was dedicated.

C. Pursuant to the terms of that certain “Grant Deed and Access Agreement” attached hereto as Exhibit C, Property Owner has irrevocably dedicated to the City a number of right-of- way and utility easements within Bayhill Circle (“Roadway Easements”). Each of the Roadway Easements have been offered for dedication to the City subject to the express reservations as set forth in the Grant Deed and Easement Agreement, including (1) that the Easement Area (as defined therein) will contain a number of private utilities, a building overhang encroachment and related private improvements to be owned by Property Owner as detailed on the plans, specifications and drawings entitled “Site Development #1 Site Utilities, B2011-0001” which have been approved by the City and may be amended by the Parties (collectively, the “Private Improvements”, and (2) that future maintenance, repair, upgrade, relocation, or addition to the Private Improvements are permitted.

D. Bayhill Circle is designed to be located directly adjacent to the Property in the Public Right-of-Way. City has the authority to regulate the terms and conditions for the use and construction of any improvements within the Public Right-of-Way, including the construction, installation, replacement, repair and maintenance of the Bayhill Circle Improvements for public use and the Private Improvements for private use (collectively, the “Improvements”).

E. The Parties agree that Property Owner will be responsible for maintenance of the areas of the Public Right-of-Way that contain the Improvements (the “Maintenance Area”), as shown on Exhibit B. The Grant Deed and Access Agreement further guarantees Property Owner a continued right of access over the Maintenance Area for purposes of installation, maintenance and/or updates to the Improvements.

F. The Parties now desire to enter into this Agreement pursuant to which Property Owner will install the Improvements within the Public Right-of-Way and maintain the Improvements and the Maintenance Area in accordance with the requirements described herein.

AGREEMENT
NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, the Parties hereby agree as follows:

1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to assure the installation, maintenance, periodic inspection, repair, safe operation and, if and when necessary, replacement of the Improvements by Property Owner at its sole expense in accordance with the standards, including the Maintenance Standards (defined in Section 4 below), set forth herein.

2. CONSTRUCTION OF IMPROVEMENTS. The Parties agree that the Improvements will materially benefit the Property and Bayhill Circle. Property Owner shall, without cost to City, design, construct, and install or cause the design, construction, and installation of the Improvements as shown on the Plans approved by the City. Said Improvements shall be constructed and installed in conformance with the provisions of the San Bruno Municipal Code.

City shall inspect the Improvements for conformance with the Plans. 163 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -3-

3. PROPERTY OWNER’S RESPONSIBILITIES. Property Owner, at its sole expense, shall maintain, safely operate, periodically inspect, repair, resurface and, if and when necessary, replace the Improvements, as well as perform all necessary service on maintenance equipment, in order to ensure the efficient operation of all of the Improvements in accordance with the Maintenance Standards described in Section 4 below and industry and City standards applicable to similar improvements.

4. MAINTENANCE STANDARDS. The following standards (collectively, “Maintenance Standards”) shall be complied with by Property Owner and its maintenance staff, contractors and subcontractors in connection with the required maintenance of the Bayhill Circle Improvements in the Maintenance Area:
a. Property Owner shall regularly inspect the Bayhill Circle Improvements.

The Bayhill Circle Improvements shall at all times be maintained in compliance with the Plans, in clean, safe, and functioning condition, and in accordance with the custom and practice generally applicable to public rights-of-way within the City of San Bruno. b. Landscape maintenance shall include, but not be limited to:
watering/irrigation; fertilization; periodic trimming, mowing, and/or edging of grass and lawn areas; pruning of trees, shrubs, and other vegetation; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road conditions and visibility, and irrigation coverage; removal and replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. c. As to the Bayhill Circle Improvements, clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed- free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing and after tenant disposal of trash en route to the disposal area via the public sidewalk; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers.
d. As to the Bayhill Circle Improvements, utility maintenance shall be per local standards and regulations and manufacturer’s recommendations as applicable to keep the facilities in good operating condition including making arrangements, performing inspections and tests, and making necessary repairs or replacements in part or in whole. Nothing in this paragraph shall be construed to waive, effect or alter the requirements of the Stormwater Treatment Measures Maintenance Agreement for the Project between the Parties dated of even date herewith or the Stormwater Management Facilities Operation & Maintenance Agreement for the Property for the Project between the Parties dated of even date herewith. e. As to the Bayhill Circle Improvements, all maintenance work shall conform to all applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of maintenance.
164 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -4-
f. Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance of the Bayhill Circle Improvements shall be applied in strict accordance with all governmental requirements. Precautionary measures shall be employed recognizing that all areas are open to public access.

5. CITY’S RESPONSIBILITIES. Nothing contained herein shall limit the City’s responsibility to: (i) maintain and replace public utilities in the Public Right-of-Way; (ii) maintain the structural integrity of the public streets, including asphalt and concrete paving, medians, signage and underground utilities, street lights; and (iii) any other duty or responsibility of the City relating to the public street or the surrounding property.

6. BREACH AND DEFAULT OF AGREEMENT.
a. City Remedies. Should City believe that Property Owner is in breach of this Agreement for failure to safely operate and maintain the Improvements as required hereunder, or correct any defects in accordance with the Plans, City shall provide written notice to Property Owner pursuant to Section 18 which shall specify the date and nature of the breach. Following receipt of written notice, Property Owner shall have a period of thirty (30) days in which to cure the alleged breach, unless the breach cannot be cured within thirty (30) days, in which case Property Owner shall have a reasonable period of time to cure the breach so long as Property Owner commences the cure within such thirty (30) days and continues diligently to complete the cure. Property Owner’s failure to cure a breach shall be deemed a default under this Agreement.

Should Property Owner fail to cure the breach within the time periods specified above, City shall have the right, but not the duty, to perform the required work. Property Owner or its successors or assigns, as applicable, shall promptly reimburse City for all reasonable, actual costs incurred by City to effectuate such cure following receipt of an invoice therefor, together with reasonable supporting evidence of such costs and expenses. If the written notification states that the problem is urgent and relates to the public health and safety, then Property Owner shall have twenty-four (24) hours to rectify the problem (or such longer period of time as may reasonably be required, provided that Property Owner shall commence to remedy such default within the twenty-four (24) hours period and thereafter diligently prosecute such remedy to completion). In the event a breach of an obligation presents an imminent health or safety concern, then City may take appropriate steps to cure such breach, in which event Property Owner shall reimburse City for all reasonable, actual costs incurred by City to effectuate such emergency cure following receipt of an invoice therefor, together with reasonable supporting evidence of such costs and expenses. In any situation requiring Property Owner to reimburse City costs, such reimbursement shall include City’s costs implementing and enforcing this Agreement, including outside consultants or counsel or City staff time, together with interest from the date the City provided notice under Section 6, at the rate of the lesser of seven percent (7%) per annum or the maximum of interest allowed by law. City shall calculate staff time at City’s documented standard hourly rates and applicable fees as reflected in the City’s current Master Fee Schedule. Following two or more uncured defaults of this Agreement by Property Owner requiring City to perform work to remedy the problem, City in its discretion (but without any obligation to do so) may elect to either (1) form a maintenance district to levy assessments against the Property to fund such work 165 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -5-
on an ongoing basis, or (b) require Property Owner to pay City an amount adequate to fund an annuity to cover the cost of such work as may be reasonably anticipated over the then-remaining expected life of the Project, and thereafter City shall assume responsibility for such work. Property Owner agrees to cooperate and not oppose such district formation or annuity funding. The City's remedies in connection with any alleged breach or default of this Agreement shall be limited to those expressly set forth in this Section 6. Property Owner’s obligations under this Section 6 shall survive expiration or earlier termination of this Agreement. b. Lien for Costs of Required Maintenance. In the event that Property Owner fails to correct, remedy, or cure or has not commenced correcting, remedying or curing such deficiency after notification and after expiration of any applicable cure period, then City shall have the right to maintain, repair, care for and, if and when necessary, replace such Improvements at the Property Owner's expense. Property Owner agrees to pay City upon demand all charges and costs incurred by City for such maintenance, repair and replacement work. Until so paid, City shall have a lien on the Property for the amount of such charges or costs, which lien shall be perfected by the recordation of a “Notice of Claim of Lien” against the Property. This lien shall affect all parcels jointly if portions of the Property have been sold. Any lien in favor of City created or claimed hereunder is expressly made subject and subordinate to any mortgage or deed of trust made in good faith and for value, recorded as of the date of the recordation of the Notice of Claim of Lien, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of any such mortgage or deed of trust, unless the mortgagee or beneficiary thereunder expressly subordinates its interest, of record, to such lien. No lien in favor of City created or claimed hereunder shall in any way defeat, invalidate, or impair the obligation or priority of any lease, sublease or easement unless such instrument is expressly subordinated to such lien. Upon payment in full, City shall promptly record a release of such lien

7. ENCROACHMENT PERMIT; RIGHT OF ENTRY. Property Owner and City acknowledge that, to the extent that the Improvements are located within the City rights-of-way or that maintenance of Improvements on the Property requires access from and over City-owned property, this Agreement acts as Property Owner’s encroachment permit from City in order for Property Owner to perform its obligations under this Agreement. The following terms and provisions shall apply to Property Owner’s right to enter onto such rights-of-way and City-owned property in order to perform maintenance, inspection, repair and, if and when necessary, replacement services under this Agreement (collectively, “Maintenance Services”):
a. Permitted Uses. Property Owner may enter upon such Bayhill Circle Improvements as are located within the City rights-of-way, and may temporarily block reasonably necessary portions of the adjoining street surfaces, bicycle lanes, and sidewalks solely for the purpose of performing Maintenance Services, and incidental purposes thereto, such as operating equipment and storing materials during the period maintenance services are being performed (collectively, “Activities”). Property Owner shall not use such areas for any other purpose.

Property Owner shall give advance notice to City prior to blocking any City streets or right of way and agrees to coordinate with City regarding dates it will perform the Activities. 166 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -6-
b. Insurance. Property Owner shall obtain and deliver to the City, at no cost to the City, certificates of commercial general liability insurance which indicate that the City, its elective and appointive boards, commissions, officers, agents and employees are covered as additional insureds under all insurance policies maintained for performance of the Maintenance Services and other Activities by (i) Property Owner, or (ii) any contractor or subcontractor directly or indirectly employed by Property Owner to perform any Maintenance Services or other Activities. Each of these policies shall also provide that no cancellation, major change in coverage, or expiration may be affected by the insurance company or the insured during the time of performance of the Maintenance Services and other Activities, without first giving to the City thirty (30) days' written notice prior to the effective date of such cancellation or change in coverage, as long as such is commercially obtainable. Property Owner shall not permit any contractor or subcontractor to commence or continue performing Maintenance Services or other Activities until the certificates or any substitute certificates have been approved by the City's Risk Manager.

Insurance Category Minimum Limits
Commercial General Liability $2,000,000.00 per occurrence, $4,000,000.00 aggregate for bodily injury, personal injury and
property damage.

Automobile Liability $2,000,000.00 per occurrence for bodily injury and property damage (coverage required to the extent
applicable to Contractor's vehicle usage in performing
work hereunder).

8. COORDINATION OF MAINTENANCE ACTIVITIES & CITY WORK. The Parties acknowledge that City Work (defined below) in and around the Maintenance Area will also be required from time to time given that: (i) Bayhill Circle will contain public utilities to be maintained by City, and (ii) as shown on Exhibit B , the terminus of the Maintenance Area is located at the material transition and construction joint between Property Owner surfacing within Bayhill Circle, to be maintained by Property Owner, and City surfacing at the transition to Bayhill Drive, to be maintained by City (“Transition Area”), a condition that will require coordination of maintenance and repairs between the Parties. As such, the Parties hereby agree to coordinate City and Property Owner work within and adjacent to the Maintenance Area as follows:
a. Notice & Coordination of City Work in Maintenance Area. City shall provide Property Owner with two (2) weeks’ written notice of all non-emergency repair, replacement, maintenance or other activities by City (“City Work”) in or adjacent to Bayhill Circle relating to public improvements owned and maintained by City within the Maintenance Area (“City Improvements”). Such notice shall be provided in accordance with Section 17 hereof, and shall specify the nature, anticipated time frame, and proposed schedule for the City Work. City acknowledges that this advance notice of non-emergency work is required in order for Property Owner to properly plan for the necessary repairs to and/or replacement of any disturbed Bayhill Circle Improvements including the specialized roadway and concrete surfacing within Bayhill 167 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -7-
Circle. Prior to commencement of the City Work in the Maintenance Area, City shall provide Property Owner with a final construction schedule for the subterranean City Work, to be followed by Property Owner surface repair work. The Parties shall agree upon a temporary surface plan for City to install at Property Owner’s cost for plating, paving or other treatment as reasonably required to ensure a safe surface if Property Owner cannot follow immediately with the surface repair work.
b. Sequencing of Work in Transition Area. Property Owner and City will coordinate all work in the Transition Area in accordance with Section 8(a) hereof. The Parties acknowledge that where sidewalk or roadway repair work is required in the Transition Area, Property Owner’s concrete work must proceed prior to City asphalt or concrete work in order to allow Property Owner’s contractor to re-establish clear alignments and material transitions, and the Parties hereby agree to coordinate the construction schedule for work impacting the Transition Area accordingly.
c. Emergency City Work. In the event that City Improvements present an imminent health or safety concern, City will endeavor to provide Property Owner with at least twenty-four (24) hours’ notice of emergency City Work in the Maintenance Area and to coordinate the phasing of such emergency City Work and Property Owner surface repair work in accordance with Section 8(a) hereof.

9. PERMITS AND APPROVALS. To the extent that performance of the Maintenance Services or other Activities requires permits or governmental approvals, Property Owner shall, at its sole cost and expense, obtain such permits and approvals. City agrees to reasonably cooperate with Property Owner as necessary for the construction and maintenance of all Improvements in Bayhill Circle, including expediting needed approvals, permits, and inspections and approving and/or executing any necessary applications, permits, and other documents.

10. TERM. This Agreement shall commence immediately upon the Effective Date and shall continue for the life of the Project, until and unless terminated by City.

11. INDEMNIFICATION. Property Owner shall indemnify, defend and hold City, its Council, boards, officers, commissions, agents and employees (“City Indemnified Parties”) harmless from and against any and all third party liens, claims, demands, actions, causes of action, obligations, liabilities, damages, losses, costs and expenses, including but not limited to for personal injury, including death, and property damage, including reasonable attorneys’ fees, arbitration fees, or costs or court costs (individually, “Claim” and collectively, “Claims”), which may arise from or in any manner relate to any work performed or services provided under this Agreement by Property Owner, or Property Owner's contractors, subcontractors, agents or employees, including, but not limited to, performance of the Maintenance Services or other Activities. Notwithstanding the foregoing, Property Owner shall not be obligated under this Agreement to indemnify, defend or hold harmless City or the City Indemnified Parties to the extent that any Claim is caused by the gross negligence or willful misconduct of City or City Indemnified Parties. The protections provided under this Section 11 shall apply to Claims that may arise from 168 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -8-
City actions authorized by this Agreement, including but not limited to repair or other work pursuant to Section 6. The protections provided under this Section 11 shall apply regardless of whether or not City has prepared, supplied or approved plans and/or specifications for the Improvements. Furthermore, Property Owner’s duty to indemnify City shall be limited to Claims relating to the Private Improvements or Bayhill Circle Improvements, or Activities by Property Owner relating thereto. Property Owner shall not be obligated under this Agreement to indemnify, defend or hold harmless City or the City Indemnified Parties for any Claim that relates to City Work or City Improvements in the Maintenance Area. This Section 11 includes any and all present and future Claims arising out of or in any way connected with Property Owner’s or its contractors’ or subcontractors’ obligations to comply with any applicable State Labor Code requirements and implementing regulations of the Department of Industrial Relations pertaining to “public works” (collectively, “Prevailing Wage Laws”), including but not limited to all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781. Property Owner’s obligations under this Section 11 shall survive expiration or earlier termination of this Agreement.

12. INTENTIONALLY OMITTED.

13. ASSIGNMENT BY CITY. City shall have the right at its option to assign its rights and obligations under this Agreement to a municipal services district or other public agency without consent of Property Owner, however City shall notify Property Owner prior to such assignment.

14. AGREEMENT ATTACHES TO LAND AND BINDS PROPERTY OWNER'S SUCCESSORS AND ASSIGNS; RELEASE. This Agreement pertains to and runs with the Property for the life of the Project, and shall be recorded against the Property. This Agreement binds the assigns and successors-in-interest of Property Owner, including any transferee of a fee interest in any lot located within the Property. City and its successors and assigns, in the event of any breach of this Agreement, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings against Property Owner or its successors and assigns to enforce curing of such breach.

15. ASSIGNMENT BY PROPERTY OWNER. Prior to completion of initial construction of the Project, as evidenced by issuance of a certificate of occupancy by City, Property Owner may only assign this Agreement with prior written consent of City, which consent shall not be unreasonably withheld, conditioned or delayed. Documentation of such assignment shall be in the form of an assignment and assumption agreement acceptable to City. Notwithstanding the foregoing, at any time prior to or following Project completion, Property Owner may assign its rights under this Agreement to any corporation, limited liability company, partnership or other entity which is directly or indirectly controlling of, controlled by, or under common control with Property Owner, and “control,” for purposes of this definition, means effective management and control of the other entity, subject only to major events requiring the consent or approval of the other owners of such entity (“Affiliated Party”). The Parties agree that a transfer to a qualified Affiliated Party does not require City’s consent. The Parties acknowledge that the following are qualified as Affiliated Parties of Property Owner: (i) Alphabet, Inc., parent company of Google 169 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -9-
LLC; (ii) any affiliate of Google LLC or Alphabet, Inc.; and (iii) any entities related to Google LLC or Alphabet, Inc. as a result of merger, acquisition, operation of law or by order of a court of competent jurisdiction.

16. RELEASE UPON TRANSFER OF PROPERTY. Upon transfer of title to the Property subject to this Agreement, the prior owner(s) shall be liable for the obligations under this Agreement only for and to the extent such obligations and liabilities under this Agreement arose during the period of such prior owner’s ownership and shall be released from any and all obligations and liabilities that arose under this Agreement from and after the date of transfer. If the nature of the claim is such that it is not patently clear from the information available to City at the time of filing whether or to what extent the obligation or liability arose during any particular owner’s ownership, City has the right to file claims against prior owners, and it shall be the obligation of such owner (or owners) to prove affirmatively that such claim did not arise during the term of ownership. In addition, this release is intended to relate only to the obligations and liabilities under this Agreement and is not intended to, in any way, act as a release of Property Owner from any other claims City may have against Property Owner on other grounds.

17. NOTICES. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) calendar days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

To the Property Owner: San Bruno Facilities
901 Cherry Avenue
San Bruno, CA 94066
Attn: SBO Facilities
Email: [email protected]
With a copy to: Allen Matkins Leck Gamble Mallory & Natsis LLP Three Embarcadero Center, 12th Floor
San Francisco, CA 94111
Attn: David H. Blackwell, Esq.

To the City: City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Attn: City Manager
With a copy to: City of San Bruno
567 El Camino Real
San Bruno, California 94066
Attn: City Attorney
170 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -10-

18. MISCELLANEOUS.
a. Entire Agreement, Amendments. This Agreement contains the entire understanding and agreement of the Parties, except for those plans and agreements mentioned herein. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement.
b. Paragraph Headings. Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning hereof.
c. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue shall be the County of San Mateo. d. Counterparts. This Agreement may be executed in any number of counterparts which together shall constitute the contract of the Parties. e. Exhibits. Any and all exhibits and schedules attached or to be attached hereto are hereby incorporated and made a part of the Agreement by reference. f. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect. g. Authority. Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder.
h. No Agency Relationship. Neither the Property Owner nor any of the Property Owner's agents, contractors or subcontractors are or shall be considered to be agents of City in connection with the performance of any of the Property Owner's obligations under this Agreement.
i. Attorneys' Fees and Costs. Either party may bring a lawsuit to enforce or require performance of the terms of this Agreement. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, each party shall bear its own legal costs and attorneys' fees.
j. Recordation. This Agreement shall be duly recorded in the Official Records of the County of San Mateo, California (“Official Records”). k. No Waiver. The waiver of any covenant contained herein shall not be deemed to be a continuing waiver of the same or any other covenant contained herein. [SIGNATURES BEGIN ON THE FOLLOWING PAGE]
171 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -11-
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first stated above.

OWNER
Google LLC
a Delaware limited liability company
By: _______________________
Name __________________
Title ___________________
[Signature must be notarized]
CITY

CITY OF SAN BRUNO,
a municipal corporation
By: _______________________
Jovan D. Grogan, City Manager
[Signature must be notarized]
ATTEST:

By: ________________________
Vicky Hasha, Deputy City Clerk
By: ________________________
Trisha Ortiz, Interim City Attorney
172 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -12-

State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
173 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1 -13-

State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
174 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1

EXHIBIT A
-1-

EXHIBIT A
Legal Description of Property
Real property in the City of San Bruno, County of San Mateo, State of California, described as follows:

PARCEL A:

PARCEL “A” AS SHOWN ON LOT LINE OF ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 01, 2008 AS INSTRUMENT NO. 2008-110098 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PORTION OF BLOCK 5 OF LOT 1, AS SHOWN ON THE MAP ENTITLED “BAYHILL CENTER”, FILED OCTOBER 11, 1972 INBOOK 78 OF MAPS AT PAGES 36 THROUGH 39, AND LOT 3, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED NOVEMBER 19, 1975 IN BOOK 29 OF PARCEL MAPS AT PAGE 38 , SAN MATEO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 5, SAID

82.14 FEET TO A POINT ON THE RIGHT OF WAY LINE OF BAYHILL DRIVE; THENCE ALONG SAID RIGHT OF WAY LINE AND BLOCK 5 (78 MAPS 36-39), SOUTH 84° 05’ 03” WEST, 22.50 FEET; THENCE CONTINUING ALONG LAST SAID LINE, SOUTH 05° 54’ 57” EAST, 119.30 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 3 (29 PARCEL MAPS 38);
THENCE ALONG THE EXTERIOR LINE OF SAID LOT 3 (29 PARCEL MAPS 38), THE FOLLOWING (7) SEVEN COURSES:
1) SOUTH 05° 54’ 57” EAST, 91.19 FEET;
2) NORTH 84° 05’ 03” EAST, 45.00 FEET;
3) SOUTH 05° 54’ 57” EAST, 372.19 FEET;
4) SOUTH 81° 15’ 48” WEST, 35.50 FEET;
5) NORTH 64° 16’ 00” WEST, 16.46 FEET;
6) NORTH 15° 49’ 05” WEST, 164.58 FEET;
7) NORTH 43° 14’ 36” WEST, 285.54 FEET TO THE MOST SOUTHERLY CORNER OF SAID BLOCK 5 (78 MAPS 36-39);
THENCE ALONG THE EXTERIOR LINE OF SAID LOT 1 (78 MAPS 36-39), THE FOLLOWING (5) FIVE COURSES:
1) NORTH 43° 14’ 36” WEST, 39.92 FEET;
2) NORTH 06° 01’ 15” EAST, 459.27 FEET;
175 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1

EXHIBIT A
-2-
3) NORTH 32° 34’ 46” EAST, 168.57 FEET;
4) NORTH 48° 24’ 08” EAST, 303.35 FEET;
5) NORTH 57° 13’ 02” EAST, 47.86 FEET TO THE POINT OF BEGINNING.

PARCEL B:

PARCEL “B” AS SHOWN ON LOT LINE OF ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 01, 2008 AS INSTRUMENT NO. 2008- 110098 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PORTION OF BLOCK 5 OF LOT 1, AS SHOWN ON THE MAP ENTITLED “BAYHILL CENTER,” FILED OCTOBER 11, 1972 INBOOK 78 OF MAPS AT PAGES 36 THROUGH 39, SAN MATEO COUNTY RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 5, SAID

POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF CHERRY AVENUE;
THENCE ALONG THE EXTERIOR LINES OF BLOCK 5 THE FOLLOWING (7) SEVEN COURSES:
1) SOUTH 24° 38’ 44” EAST, 617.61 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET;
2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00’ 00”, AN ARC DISTANCE OF 31.42 FEET;
3) SOUTH 65° 21’ 16” WEST, 283.84 FEET;
4) SOUTH 65° 58’ 57” WEST, 369.45 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 28.00 FEET;
5) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 108° 06’ 06”, AN ARC DISTANCE OF 52.83 FEET;
6) NORTH 05° 54’ 57” WEST, 34.42 FEET;
7) SOUTH 84° 05’ 03” WEST, 22.50 FEET;
THENCE LEAVING SAID EXTERIOR LINE NORTH 05° 54’ 57” WEST, 82.14 FEET; THENCE NORTH 65° 21’ 16” EAST, 398.19 FEET; THENCE NORTH 24° 38’ 44” WEST, 438.18 FEET TO A POINT ON THE NORTHERLY LINE OF SAID BLOCK 5; THENCE ALONG SAID NORTHERLY LINE, NORTH 57° 13’ 02” EAST, 288.07 FEET TO THE POINT OF BEGINNING.

APN: 020-012-160 (Affects Parcel A) and 020-012-170 (Affects Parcel B) JPN: 020-001-012-013A and 020-001-012-011A
176 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4884-3075-4602 v1

EXHIBIT B
-1-

EXHIBIT B
Improvement and Maintenance Area
177 of 315
OAK #4884-3075-4602 v1

EXHIBIT C
Grant Deed and Access Agreement
178 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

REC O RD I N G REQ UESTED B Y
A N D W H EN REC O RD ED M A I L TO :

RECITALS
Th i s A g r eement i s ma d e a nd ent er ed i nt o wi t hr efer ence t o t h e fol l owi ngfa ct s:

D . A s setfor t h on t h e P l a ns,t h e d evel op mentof B a y h i l lC i r cl e wi l li ncl u d e t h e i nst a l l a t i on by Goog l e of t h e fol l owi ng i mp r ovement s wi t h i n B a y h i l l C i r cl e: ( i )cu st om i mp r ovement s for p u bl i c u se i ncl u d i ng sp eci a l i zed concr et e cu r bs,cu r b r a mp s,g u t t er s a nd 179 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 2-
si d ewa l k s;st r eetl i g h t s a nd si t e l i g h t i ng ;r oa d wa y st r i p i ng ;med i a n i mp r ovement s,i ncl u d i ng l a nd sca p i ng , i r r i g a t i on a nd d ecor a t i ve l i g h t i ng ; a nd t r a ffi c si g na g e ( “B a y h i l l C i r cl e I mp r ovement s, ” a s d ep i ct ed ont h e “M a i nt ena nce A g r eement Ex h i bi t ” a t t a ch ed a sExhibit C) ; a nd ( i i )p r i va t e u t i l i t i es,t h e over h a ng of B u i l d i ng 3 a nd r el a t ed i mp r ovement s owned by Goog l e ( “P r i va t e I mp r ovement s, ” a s d et a i l ed on t h e p l a ns,sp eci fi ca t i ons a nd d r a wi ng s ent i t l ed “Si t e D evel op ment#1 Si t e Ut i l i t i es, B 2011- 0001” wh i chh a ve been a p p r oved by t h e C i t y a nd ma y be a mend ed byt h e P a r t i es)( col l ect i vel y , t h e “I mp r ovement s” ) .

N O W TH EREFO RE, Gr a nt ora nd Gr a nt ee h er eby a g r ee a s fol l ows:

1. 2 P u bl i c Ut i l i t y E a sement s. Goog l e h er eby g r a nt s t o C i t y ( i )ap u bl i c u t i l i t y ea sement foraC i t ywa t ermet era nd fi r e h y d r a nt t o be i nst a l l ed i n connect i on wi t ht h e P r oj ect a nd a ccep t ed by t h e C i t y D ep a r t mentof P u bl i c W or k s ( “D P W ” )a tcl osu r e of t h e a p p l i ca bl e p er mi t ( “P u bl i c Ut i l i t yEa sement 1” )a nd ( i i )ap u bl i c u t i l i t yea sement foraC i t ya i rr el ea se va l ve t h a t h a s been r el oca t ed d u e t o t h e P r oj ect ,wh i ch g r a ntof ea sementi s su bj ectt o t h e C i t y ’ s ex p r ess a ck nowl ed g ementt h a tt h e u p p erl evel of B u i l d i ng3 wi l l over h a ng , encr oa cha nd ex t end i nt o t h e a i r sp a ce of t h i s p u bl i c u t i l i t y ea sement( “P u bl i c Ut i l i t y E a sement2” ) , wh i chea sement s a r e mor e p a r t i cu l a r l yd escr i bed onExhibit E-1 a nd d ep i ct ed onExhibit E-2 a t t a ch ed h er et o. 180 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 3 -

2. Reser va t i ons.Th e Roa d wa y E a sement s g r a nt ed t o t h e C i t y sh a l l be su bj ectt o t h e fol l owi ngex p r ess r eser va t i ons of r i g h t s by Goog l e:

6. C ovena nt s Ru nni ngwi t ht h e L a nd .A l l oft h e a g r eement s, a ccess r i g h t s, covena nt s, a nd g r a nt s of ea sement s cont a i ned i n t h i s A g r eementsh a l lr u n wi t h t h e l a nd ( a s d efi ned i n C a l i for ni aC i vi l C od e Sect i ons 1460 a nd 1462)a nd sh a l l be bi nd i ngu p on ori nu r e t o t h e benefi t 181 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 4-
of ( a s t h e ca se ma y r equ i r e)t h e P a r t i es h er et o, a nd t h ei rr esp ect i ve h ei r s, su ccessor s, a nd a ssi g ns, wh et h erby op er a t i on of l a w ori n a ny ot h erma nnerwh a t soever . D esp i t e a ny p r ovi si on t o t h e cont r a r yi n t h i s A g r eement , ( i )a l l r efer ences i n t h i s A g r eement t o Goog l e sh a l l be d eemed t o r efer t o Goog l e orGoog l e’ s su ccessor s ora ssi g ns, a nd ( i i )a l l r efer ences i n t h i s A g r eement t o C i t ysh a l l be d eemed t o r efert o C i t y orC i t y ’ s su ccessor s ora ssi g ns.Th e su ccessor s ora ssi g ns of Goog l e a nd C i t y a r e ea chbou nd a nd benefi t ed a s a p p l i ca bl e, byt h i s A g r eement . 7 . Recor d a t i on.Th i s A g r eement sh a l l be d u l yr ecor d ed i n t h e O ffi ci a l Recor d s of t h e C ou nt y of Sa n M a t eo, C a l i for ni a( “O ffi ci a l Recor d s” ) . 8 . A mend ment . Th i s A g r eementma y be a mend ed or mod i fi ed onl y by a wr i t t en i nst r u mentex ecu t ed a nd a ck nowl ed g ed by t h e P a r t i es ort h ei rsu ccessor s i n i nt er esta nd r ecor d ed i n t h e O ffi ci a l Recor d s.

11. P a r t i a lI nva l i d i t y . A ny p r ovi si on of t h i s A g r eementa d j u d i ca t ed by a cou r tof comp et entj u r i sd i ct i on t o be i nva l i d oru nenfor cea bl e fora ny r ea son sh a l lbe i neffect i ve t o t h e 182 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 5 -
ex t entt h a tsu ch p r oh i bi t i on or i nva l i d i t y sh a l lnoti nva l i d a t e or ot h er wi se r end er i nva l i d or u nenfor cea bl e a nyr ema i ni ngp r ovi si ons of t h i s A g r eement .

19. N o W a i ver .Th e wa i verof a ny covena ntcont a i ned h er ei n sh a l l notbe d eemed t o be acont i nu i ngwa i verof t h e sa me ora ny ot h ercovena nt cont a i ned h er ei n.

SI GN A TURES P RO V I D ED O N FO L L O W I N G P A GE 183 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 6-
D a t ed : , 2022 GOOGLE:

C I TY O F SA N B RUN O ,
ag ener a l l a w ci t y a nd mu ni ci p a l cor p or a t i on B y : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J ova n D . Gr og a n, C i t yM a na g er
A TTEST: A P P RO V ED A S TO FO RM :
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _B y : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ V i ck y H a sh a , D ep u t yC i t y C l er kTr i sh aO r t i z, I nt er i m C i t yA t t or ney 184 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 7 -

Icer t i fyu nd erP EN A L TY O F P ERJ URY u nd ert h e l a ws of t h e St a t e of C a l i for ni at h a t t h e for eg oi ngp a r a g r a p hi s t r u e a nd cor r ect .

W I TN ESS myh a nd a nd offi ci a l sea l .

Si g na t u r e ( Sea l )
185 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1 - 8 -

Icer t i fyu nd erP EN A L TY O F P ERJ URY u nd ert h e l a ws of t h e St a t e of C a l i for ni at h a t t h e for eg oi ngp a r a g r a p hi s t r u e a nd cor r ect .

W I TN ESS myh a nd a nd offi ci a l sea l .

Si g na t u r e ( Sea l )
186 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T A
- 1-

EXHIBIT A

LEGAL DESCRIPTION OF GOOGLE PROPERTY
Rea l p r op er t yi nt h e C i t yofSa nB r u no, C ou nt yofSa nM a t eo, St a t e ofC a l i f or ni a , d escr i bed a s fol l ows:

P A RC E L A :

C O M M EN C I N G A T TH E M O ST N O RTH ERL Y C O RN ER O F SA I D B L O C K 5 ,SA I D

P O I N T A L SO B EI N G O N TH E SO UTH W ESTERL Y RI GH T O F W A Y L I N E O F C H E RRY A V EN UE; TH EN C E A L O N G TH E N O RTH ERL Y L I N E O F SA I D B L O C K 5 , SO UTH 5 7 ° 13 ’ 02” W EST, 28 8 . 07 FEET TO TH E P O I N T O F B EGI N N I N G; TH EN C E L EA V I N G SA I D N O RTH ERL Y L I N E, SO UTH 24° 3 8 ’ 44” EA ST, 43 8 . 18 FEET;TH EN C E SO UTH 65 ° 21’ 16” W EST, 3 98 . 19 FEET; TH EN C E SO UTH 05 ° 5 4’ 5 7 ” EA ST, 8 2. 14 FEET TO A P O I N T O N TH E RI GH T O F W A Y L I N E O F B A Y H I L L D RI V E; TH EN C E A L O N G SA I D RI GH T O F W A Y L I N E A N D B L O C K 5( 7 8 M A P S 3 6- 3 9) , SO UTH 8 4°05 ’ 03 ” W EST, 22. 5 0 FEET; TH EN C E C O N TI N UI N G A L O N G L A ST SA I D L I N E, SO UTH 05 ° 5 4’5 7 ” EA ST, 119. 3 0 FEET TO TH E M O ST N O RTH ERL Y C O RN E R O FSA I D L O T 3( 29 P A RC EL M A P S 3 8 ) ; TH EN C E A L O N G TH E EX TERI O R L I N E O FSA I D L O T 3( 29 P A RC EL M A P S 3 8 ) , TH E FO L L O W I N G ( 7 )SEV EN C O URSE S:
1)SO UTH 05 ° 5 4’ 5 7 ” EA ST, 91. 19 FEET;
2)N O RTH 8 4° 05 ’ 03 ” EA ST, 45 . 00 FEET;
3 )SO UTH 05 ° 5 4’ 5 7 ” EA ST, 3 7 2. 19 FEET;
4)SO UTH 8 1° 15 ’ 48 ” W EST, 3 5 . 5 0 FEET;
5 )N O RTH 64° 16’ 00” W EST, 16. 46 FEET;
6)N O RTH 15 ° 49’ 05 ” W EST, 164. 5 8 FEET;
7 )N O RTH 43 ° 14’ 3 6” W EST, 28 5 . 5 4 FEET TO TH E M O ST SO UTH ERL Y C O RN E R O F SA I D B L O C K 5 ( 7 8 M A P S 3 6- 3 9) ;
TH EN C E A L O N G TH E EX TERI O R L I N E O F SA I D L O T 1 ( 7 8 M A P S 3 6- 3 9) ,TH E FO L L O W I N G ( 5 ) FI V E C O URSES:
1)N O RTH 43 ° 14’ 3 6” W EST, 3 9. 92 FEET;
2)N O RTH 06° 01’ 15 ” EA ST, 45 9. 27 FEET;
187 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

P A RC E L “B ” A S SH O W N O N L O T L I N E O F A D J USTM EN T, A S EV I D EN C ED B Y D O C UM EN T REC O RD ED O C TO B ER 01, 2008 A S I N STRUM EN T N O . 2008 - 110098

O F O FFI C I A L RE C O RD S, B EI N G M O RE P A RTI C UL A RL Y D ESC RI B ED A S FO L L O W S:

B EGI N N I N G A T TH E M O ST N O RTH ERL Y C O RN ER O F SA I D B L O C K 5 ,SA I D

A P N : 020- 012- 160 ( A ff ect s P a r cel A )a nd 020- 012- 17 0 ( A ffect s P a r cel B ) J P N : 020- 001- 012- 013 A a nd 020- 001- 012- 011A
188 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T B
- 1-

EXHIBIT B
1972 PARCEL MAP
[a t t a ch ed ]
189 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T B
- 2-
190 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T B
- 3 -
191 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T B
- 4-
192 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T B
- 5 -
193 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T C
- 1-

EXHIBIT C

MAINTENANCE AGREEMENT EXHIBIT
[a t t a ch ed ]
194 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T C
- 2-
195 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T D - 1
- 1-
EXHIBIT D-1

LEGAL DESCRIPTION OF RIGHT OF WAY EASEMENTS
196 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T D - 1
- 2-
197 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T D - 2
- 1-
EXHIBIT D-2

DEPICTION OF RIGHT OF WAY EASEMENTS
198 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T D - 2
- 2-
199 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T E- 1
- 1-
EXHIBIT E-1

LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENTS
200 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T E- 1
- 2-
201 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T E- 2
- 1-
EXHIBIT E-2

DEPICTION OF PUBLIC UTILITY EASEMENTS
202 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T E- 2
- 2-
203 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T F- 1
- 1-
EXHIBIT F-1

LEGAL DESCRIPTION OF PUBLIC DRAINAGE EASEMENT
204 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T F- 2
- 1-
EXHIBIT F-2

DEPICTION OF PUBLIC DRAINAGE EASEMENT
205 of 315
48 5 2- 90 06- 3 8 69. 2
17 8 47 3 . 003 60 / U3 4erI ni P / l mt / l mt
O A K #48 65 - 7 097 - 3 994 v1

EX H I B I T F- 2
- 2-
206 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1
Re c o r d i ng Re que s t e d b ya nd
Pl e a s e Re t ur n t o :

Ci t yo f Sa n Br uno
567 E lCa m i noRe a l
Sa n Br uno ,CA 94066
At t e nt i o n: Ci t yCl e r k
Thi sI ns t r um e ntBe ne f i t sCi t y
O nl y .

NoF e e Re qui r e d . Go v . C. 27 383
SPACEABO VETH I S L I NEF O R RE CO RDE R’ S USE

STORMWATER MANAGEMENT FACILITIES OPERATION & MAINTENANCE

AGREEMENT
1400-1500 Bayhill Drive, San Bruno, California

TH I S STO RM W A TER M A N A GEM EN T FA C I L I TI ES O P E RA TI O N A N D M A I N TEN A N C E A GREEM EN T ( " A g r eement " )i s d a t ed fori d ent i fi ca t i on a s of t h e _ _ _ _d a y of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2022, a nd i s ma d e by a nd bet ween Goog l e L L C , aD el a wa r e l i mi t ed l i a bi l i t y comp a ny ( " P r op er t y O wner " ) ,a nd t h e C i t y of Sa n B r u no,a g ener a ll a w ci t y a nd mu ni ci p a l cor p or a t i on ( " C i t y " ) . C i t y a nd P r op er t y O wner a r e r efer r ed t o h er ei n ea ch a s a " P a r t y " a nd col l ect i vel y a s t h e " P a r t i es. "

RECITALS
Th i s A g r eement i s ma d e a nd ent er ed i nt o wi t hr efer ence t o t h e fol l owi ngfa ct s:

A . P r op er t y O wnerh ol d s fee t i t l e t o cer t a i n r ea lp r op er t y l oca t ed i n t h e C i t y of Sa n B r u no, C ou nt yofSa nM a t eo, St a t e ofC a l i for ni a , a nd a s mor e p a r t i cu l a r l yd escr i bed onExhibit A a t t a ch ed h er et o ( " P r op er t y " ) , t o be d evel op ed a s p a r t ofaca mp u s offi ce p r oj ect i ncl u d i ngt wo new offi ce bu i l d i ng s ( " B u i l d i ng2" a nd " B u i l d i ng3 " ) a nd a ccessor y cent r a lu t i l i t y p l a ntbu i l d i ng t og et h er wi t h su bg r a d e p a r k i ng a nd r el a t ed si t e a nd u t i l i t y i mp r ovement s beh i nd 901 C h er r y A venu e ( " P r oj ect " ) .W h en comp l et ed , t h e P r op er t y ' s a d d r ess wi l l be 1400- - 15 00 B a y h i l l D r i ve.

B . C i t yi s a u t h or i zed a nd r equ i r ed t o r eg u l a t e a nd cont r ol t h e d i sp osi t i on of st or m a nd su r fa ce wa t er s a s setfor t h i n A r t i cl e 10, C h a p t er s 10. 04 t o 10. 18 , i ncl u si ve, of t h e Sa n B r u no M u ni ci p a l C od e ( " C i t y C od e" )a s a mend ed fr om t i me t o t i me.

C . C i t y owns a nd ma i nt a i ns ( 1)a 10- - footd r a i na g e ea sementd ed i ca t ed t o p u bl i c a g ency u se " forst or m d r a i n a ccess a nd ma i nt ena nce p u r p oses" ( " D r a i na g e Ea sement " ) ; a nd ( 2)a P u bl i c Ut i l i t y D r a i na g e Ea sement( " P UD Ea sement " ) , a s d ed i ca t ed by a nd sh own on t h e P a r cel M a pent i t l ed " B a y h i l l C ent er " fi l ed O ct ober11, 197 2 i n B ook7 8 of M a p s, P a g es 3 6 t h r ou g h3 9, i ncl u si ve, i n t h e O ffi ce of t h e C ou nt y Recor d erof Sa n M a t eo C ou nt y . 207 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1 - 2-
D . Th e D r a i na g e Ea sement cont a i ns a nex i st i ngonsi t e 18 " - - 3 0" st or m d r a i nl i ne wh i ch r u ns a cr oss t h e P r op er t y ( " Ex i st i ngSt or m D r a i n L i ne" )a nd convey s d r a i na g e fr om t h e a d j a cent , u p h i l l p r op er t yowned by C a l t r a ns ( " C a l t r a ns P r op er t y " )t o t h e B a y h i l l D r i ve p u bl i c r i g h t - of- wa y , a s d ep i ct ed on t h e si t e p l a n a t t a ch ed h er et o a nd i ncor p or a t ed h er ei n a sExhibit B ( " St or m D r a i n Ex h i bi t " ) .

E. A ssh ownonExhibit B, t h e nor t h er np or t i onoft h e P UD Ea sement d oesnot cont a i n p u bl i c u t i l i t y orot h erC i t y - owned i mp r ovement s, bu td oes cont a i n ap r i va t e 8 " u t i l i t y l i ne t h a t ser vi ces B u i l d i ng2 ( " N or t h er n P UD E a sement " ) . Th e sou t h er n p or t i on of t h e P UD E a sement cont a i ns a3 0" st or m d r a i n l i ne, a10" C i t y wa t erl i ne fed by t h e Sa n Fr a nci sco P u bl i c Ut i l i t i es C ommi ssi on t r a nsmi ssi on p i p el i ne, a nd t h e d ownst r ea m p or t i on of t h e 18 " - - 3 0" Ex i st i ngSt or m D r a i n L i ne d efi ned a bove ( " Sou t h er n P UD Ea sement " ) .

F. Th e C i t y wi l lqu i t cl a i m ( 1)t h e D r a i na g e E a sement , i ncl u d i ngt h e Ex i st i ngSt or m D r a i n L i ne a nd a ny ot h eri mp r ovement s l oca t ed t h er ei n, a nd ( 2)u nu t i l i zed p or t i ons of t h e P UD Ea sement , i ncl u d i ngt h e N or t h er n P UD Ea sement a nd ap or t i on oft h e Sou t h er n P UD Ea sement a s sh own onExhibit B, t o P r op er t yO wnerfort h e P r oj ect p u r su a nt t o t h a t cer t a i n Q u i t cl a i m D eed , a cop y of wh i ch i s a t t a ch ed h er et o a sExhibit C a nd wi l lbe concu r r ent l y r ecor d ed wi t h t h i s A g r eement . Th e a ct i vel y u t i l i zed p or t i ons of t h e P UD Ea sementa nd a l lp u bl i c i mp r ovement s l oca t ed t h er ei n wi l l be r et a i ned byt h e C i t y .

G. A s d ep i ct ed onExhibit B,P r op er t y O wner d esi r es t o r emove a p or t i on of t h e Ex i st i ngSt or m D r a i n L i ne a nd r ep l a ce i twi t ht wo 24- i nchst or m d r a i n l i nes: 1)ama i n p i p el i ne a nd 2)asecond over fl ow p i p e p r ovi d ed forr ed u nd a ncy ( " N ew St or m D r a i n L i nes" ) , wh i chwi l l r u n p a r a l l el t o ea chot h era l ongt h e cei l i ngof t h e fi r st bel ow g r a d e p a r k i ngl evel of t h e B u i l d i ng3 p a r k i ngg a r a g e a nd connect t ot h e C i t y ' s ex i st i ngst or m d r a i nsy st em.Th e N ew St or m D r a i n L i nes wi l lr ed i r ectt h e d r a i na g e fr om t h e u p h i l lC a l t r a ns P r op er t y , a cr oss t h e P r op er t y , t o t h e B a y h i l l D r i ve p u bl i c r i g h t - of- wa y a s sh own onExhibit B.

H . D ep end i ng on fi el d cond i t i ons r esu l t i ng fr om t h e sh or i ng const r u ct i on for t h e P r oj ect , t h e r ema i ni ng p or t i on of t h e Ex i st i ng St or m D r a i n L i ne t h a tex t end s a l ong t h e west er n ed g e of t h e P r op er t y wi l l be r et a i ned orr ep l a ced i n- k i nd a s necessa r y t o convey t h e d r a i na g e t o a st or m d r a i n i nl et on t h e N ew St or m D r a i n L i nes ( " W est er n St or m D r a i n L i ne" ) .

I . P u r su a nt t o t h i s A g r eement , P r op er t yO wnera g r ees t o const r u ct , op er a t e, ma i nt a i n a nd r ep a i ra l l p i p el i nes a nd r el a t ed i mp r ovement s i nt h e for merD r a i na g e Ea sement a r eai ncl u d i ng :
( i )t h e N ew St or m D r a i n L i nes, ( i i )t h e W est er n St or m D r a i n L i ne, a nd ( i i i )a l l r el a t ed st or m d r a i n fa ci l i t i es r equ i r ed t o ma na g e t h e fl ows col l ect ed a nd ca r r i ed by t h ese p i p el i nes, a s sh own on t h e St or m D r a i n Ex h i bi t ( col l ect i vel y , t h e " St or m D r a i n Fa ci l i t i es" ) .

J . O n or a bou tO ct ober23 ,2020,C a l t r a ns comp l et ed i t s r evi ew of t h e P r oj ect ' s d r a i na g e p l a ns a nd ca l cu l a t i ons a nd a p p r oved t h e d esi g n r efl ect ed on t h e St or m D r a i n Ex h i bi ta s i t p er t a i ns t o t h e C a l t r a ns P r op er t y .

K. C i t y h a s a p p r oved t h e p er mi tsu bmi ssi ons r el a t ed t o t h e St or m D r a i n Fa ci l i t i es wh i chi ncl u d e B u i l d i ngP er mi t su bmi ssi ons fort h e P r oj ect ( " A p p r oved P er mi t s" ) . 208 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1 - 3 -
N O W , TH EREFO RE, i n consi d er a t i on of t h e for eg oi ngr eci t a l s a nd t h e mu t u a l covena nt s setfor t h i n t h i s A g r eementa nd forsu ch ot h erg ood a nd va l u a bl e consi d er a t i on, t h e r ecei p ta nd su ffi ci ency of wh i chi s h er ebya ck nowl ed g ed , t h e P a r t i es h er eby a g r ee a s fol l ows:

AGREEMENT

1. C ovena nt sRu nni ngW i t ht h e L a nd ; P r op er t ySu bj ect t oA g r eement .Th e p r ovi si ons of t h i s A g r eementsh a l l r u n wi t ht h e l a nd a nd sh a l l be bi nd i ngon a nd i nu r e t o t h e benefi tof a l l p a r t i es h a vi ngora cqu i r i nga ny r i g h t , t i t l e, ori nt er esti n t h e P r op er t y , ora ny p or t i on t h er eof, a nd ea chsu ccessor - i n- i nt er est of P r op er t yO wnert h er eof.E a cha nd a l l of t h e l i mi t a t i ons, obl i g a t i ons, covena nt s,cond i t i ons,a nd r est r i ct i ons cont a i ned h er ei n sh a l lbe d eemed t o be,a nd sh a l lbe const r u ed a s, equ i t a bl e ser vi t u d es, enfor cea bl e by C i t y ora ny ot h era u t h or i zed r eg u l a t or y a g ency a g a i nst P r op er t y O wnera nd i t s su ccessor s a nd a ssi g ns.A l l of t h e P r op er t ysh a l l be su bj ect t o t h i s A g r eement .

2. Resp onsi bi l i t y forI nst a l l a t i on, O p er a t i on a nd M a i nt ena nce. A ti t s sol e ex p ense, P r op er t yO wner , i t s su ccessor s, a nd a ssi g ns, sh a l l const r u ct , op er a t e, a nd ma i nt a i nt h e St or m D r a i n Fa ci l i t i es i n a ccor d a nce wi t h t h i s A g r eement a nd t h e A p p r oved P er mi t s, i ncl u d i ng a ny a mend ment s t h er et o a p p r oved i n wr i t i ngbyt h e C i t y .P r op er t yO wner ' s ma i nt ena nce of t h e St or m D r a i n Fa ci l i t i es sh a l li ncl u d e moni t or i ng , cl ea ni ng , r ep a i r , a nd r ep l a cementof t h e St or m D r a i n Fa ci l i t i es, a s need ed .
3 . I nt er i m I mp r ovement s.D u r i ngconst r u ct i onoft h e St or m D r a i nFa ci l i t i es, P r op er t y O wnerwi l li mp l ementt emp or a r y st or mwa t erma na g ementmea su r es necessa r y t o ma na g e fl ow fr om t h e C a l t r a ns P r op er t y , t og et h erwi t hot h erfl ow a cr oss t h e P r op er t y d u r i ngconst r u ct i on, a s sh own on t h e St or m D r a i n Ex h i bi ta nd i n a ccor d a nce wi t ht h e St or m W a t erP ol l u t i on P r event i on P l a n i d ent i fi ed a s B KF # 20191002- 10 su bmi t t ed a nd a ccep t ed by t h e St a t e W a t erB oa r d on or a bou t J u l y10, 2020.

4. St or m D r a i n Fa ci l i t y M od i fi ca t i ons. A ti t s sol e ex p ense,P r op er t y O wner ,i t s su ccessor s, a nd a ssi g ns, sh a l l ma k e su chr ep a i r s, mod i fi ca t i ons, r ep l a cement s, ori mp r ovement s t o t h e St or m D r a i n Fa ci l i t i es a s ma ybe d et er mi ned t o be r ea sona bl ynecessa r ybyP r op er t yO wnert o ensu r e t h a t t h e St or m D r a i nFa ci l i t i es a r e p r op er l yma i nt a i ned a nd cont i nu e t oop er a t e a s or i g i na l l y d esi g ned a nd a p p r oved , a nd i n comp l i a nce wi t ha l l a p p l i ca bl e l a ws.P r op er t y O wnersh a l l obt a i n C i t ya p p r ova l fora nysu bst a nt i a l mod i fi ca t i ons, r ep l a cement s ori mp r ovement s t ot h e St or m D r a i n Fa ci l i t i es a s r equ i r ed by t h e C i t yC od e. 5 . St or m D r a i n Fa ci l i t y I nsp ect i ons by C i t y .D u r i ngnor ma l bu si ness h ou r s a nd wi t h r ea sona bl e not i ce p u r su a ntt o Sect i on 7 h er eof, C i t y , i t s a g ent s, emp l oy ees, a nd cont r a ct or s, sh a l l h a ve t h e r i g h t of i ng r ess a nd eg r ess t o t h e P r op er t y a nd t h e St or m D r a i n Fa ci l i t i es a nd t h e r i g h t t o i nsp ectt h e St or m D r a i n Fa ci l i t i es i n or d ert o ensu r e t h a tt h ey a r e bei ngp r op er l y ma i nt a i ned a nd a r e cont i nu i ngt o a d equ a t el y ma na g e fl ow fr om t h e C a l t r a ns P r op er t y t o t h e B a y h i l l D r i ve p u bl i c r i g h t - of- wa y .

6. B r ea chofA g r eement .Sh ou l d C i t ybel i eve t h a t P r op er t yO wneri s i nbr ea choft h i s A g r eement forfa i l u r e t o op er a t e a nd ma i nt a i n t h e St or m D r a i n Fa ci l i t i es a s r equ i r ed h er eu nd er , or cor r ect a ny d efect s i n a ccor d a nce wi t ht h e A p p r oved P er mi t s, C i t y sh a l l p r ovi d e wr i t t en not i ce t o 209 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1 - 4-
P r op er t y O wnerp u r su a ntt o Sect i on 7 . 1 wh i ch sh a l lsp eci fy t h e d a t e a nd na t u r e of t h e br ea ch .

Fol l owi ngr ecei p t ofwr i t t ennot i ce, P r op er t yO wnersh a l l h a ve ap er i od oft h i r t y( 3 0)d a y si nwh i ch t o cu r e t h e a l l eg ed br ea ch , u nl ess t h e br ea chca nnot be cu r ed wi t h i n t h i r t y( 3 0)d a y s, i n wh i chca se P r op er t y O wnersh a l lh a ve ar ea sona bl e p er i od of t i me t o cu r e t h e br ea ch so l ong a s P r op er t y O wnercommences t h e cu r e wi t h i n su cht h i r t y ( 3 0)d a y s a nd cont i nu es d i l i g ent l y t o comp l et e t h e cu r e.Sh ou l d P r op er t yO wnerfa i l t o cu r e t h e br ea chwi t h i n t h e t i me p er i od s sp eci fi ed a bove, C i t y sh a l l h a ve t h e r i g h t , bu t not t h e d u t y , t o ent ert h e P r op er t yt o p er for m t h e r equ i r ed wor k .P r op er t y O wnerori t s su ccessor s ora ssi g ns, a s a p p l i ca bl e, sh a l l p r omp t l yr ei mbu r se C i t yfora l l r ea sona bl e, a ct u a lcost s i ncu r r ed by C i t y t o effect u a t e su ch cu r e fol l owi ng r ecei p tof a n i nvoi ce t h er efor e, t og et h erwi t hr ea sona bl e su p p or t i ngevi d ence ofsu chcost sa nd ex p enses. I ft h e wr i t t ennot i fi ca t i on st a t est h a t t h e p r obl em i su r g ent a nd r el a t est ot h e p u bl i c h ea l t ha nd sa fet y , t h ent h e P r op er t yO wner sh a l lh a ve t went y - fou r( 24)h ou r s fr om r ecei p tof sa i d wr i t t en not i ce p erSect i on 7 . 1 h er ei n t o r ect i fy t h e p r obl em ( orsu chl ong erp er i od of t i me a s ma y r ea sona bl y be r equ i r ed , p r ovi d ed t h a t t h e P r op er t y O wnersh a l l commence t o r emed y su chd efa u l twi t h i n t went y - fou r24 h ou r s p er i od a nd t h er ea ft erd i l i g ent l y p r osecu t e su chr emed yt o comp l et i on) . Forsu chu r g ent p r obl ems a nd for conveni ence p u r p oses onl y , t h e C i t y ma y a l so send t h e P r op er t y O wnere- ma i l not i ce p erSect i on 7 . 2. I n t h e eventaP r op er t y O wnerbr ea chof a n obl i g a t i on p r esent s a n i mmi nenth ea l t horsa fet y concer n, t h enC i t y ma yt a k e a p p r op r i a t e st ep s t ocu r e su chbr ea ch , i nwh i chevent P r op er t yO wner sh a l l r ei mbu r se C i t yfora l l r ea sona bl e, a ct u a l cost s i ncu r r ed byC i t yt o effect u a t e su chemer g ency cu r e fol l owi ngr ecei p t ofa ni nvoi ce t h er efor , t og et h erwi t hr ea sona bl e su p p or t i ngevi d ence ofsu ch cost s a nd ex p enses. I n a ny si t u a t i on r equ i r i ng P r op er t y O wner t o r ei mbu r se C i t y cost s,su ch r ei mbu r sement sh a l l i ncl u d e C i t y ’ s cost s i mp l ement i nga nd enfor ci ngt h i s A g r eement i ncu r r ed by C i t yfol l owi ngt end eroft h e wr i t t ennot i ce p erSect i on7 . 1, i ncl u d i ngou t si d e consu l t a nt sorcou nsel orC i t y st a ff t i me,t og et h erwi t h i nt er estfr om t h e d a t e t h e C i t y p r ovi d ed i nvoi ces t o P r op er t y O wner , a tt h e r a t e of t h e l esserof seven p er cent( 7 %)p era nnu m ort h e ma x i mu m of i nt er est a l l owed by l a w. C i t y sh a l lca l cu l a t e st a ff t i me a tC i t y ’ s d ocu ment ed st a nd a r d h ou r l y r a t es a nd a p p l i ca bl e fees a s r efl ect ed i n t h e C i t y ’ s cu r r entM a st erFee Sch ed u l e.Th e C i t y ' s r emed i es i n connect i on wi t ha nya l l eg ed br ea chof t h i s A g r eement sh a l l be l i mi t ed t o t h ose ex p r essl yset for t h i n t h i s Sect i on 6. P r op er t y O wner ’ s obl i g a t i ons u nd ert h i s Sect i on 6 sh a l lsu r vi ve ex p i r a t i on or ea r l i ert er mi na t i on of t h i s A g r eement .
7 . N ot i ces.
7 . 1 A ny not i ces r el a t i ngt o t h i s A g r eementsh a l l be g i ven i n wr i t i nga nd sh a l l be d eemed su ffi ci ent l yg i vena nd ser ved fora l l p u r p oseswh end el i ver ed p er sona l l yorbyg ener a l l y r ecog ni zed over ni g h tcou r i erser vi ce, orfi ve ( 5 )ca l end a rd a y s a ft erd ep osi ti n t h e Uni t ed St a t es ma i l , cer t i fi ed orr eg i st er ed , r et u r n r ecei p t r equ est ed , wi t hp ost a g e p r ep a i d , a d d r essed a s fol l ows:

To Goog l e: SB O Fa ci l i t i es
901 C h er r yA venu e
Sa n B r u no, C A 94066
A t t n: Sa n B r u no Fa ci l i t i es
Ema i l : fm- sbo@ g oog l e. com
210 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1 - 5 -
W i t hacop yt o: A l l en M a t k i ns L eckGa mbl e M a l l or y & N a t si s L L P Th r ee Emba r ca d er o C ent er , 12t hFl oor
Sa n Fr a nci sco, C A 94111
A t t n:D a vi d H . B l a ck wel l , Esq.

W i t hacop yt o: Goog l e L L C
1600 A mp h i t h ea t r e P a r k wa y
M ou nt a i n V i ew, C A 94043
A t t ent i on: L eg a l D ep a r t ment / Rea l Est a t e M a t t er s To t h e C i t y : C i t yof Sa n B r u no
5 67 El C a mi no Rea l
Sa n B r u no, C a l i for ni a94066
A t t n: C i t yM a na g er
W i t hacop yt o: C i t yof Sa n B r u no
5 67 El C a mi no Rea l
Sa n B r u no, C a l i for ni a94066
A t t n: C i t yA t t or ney
7 . 2 A ny e- ma i l not i ce t o t h e P r op er t y O wnera u t h or i zed u nd ert h i s A g r eement for conveni ence p u r p oses onl y sh a l lbe t o fm- sbo@ g oog l e. com,p r ovi d ed t h a tt h e C i t y mu st p r omp t l y t h er ea ft er a l so p r ovi d e for ma lnot i ce t o t h e P r op er t y O wnerp u r su a ntt o t h e ma nner p r ovi d ed i n Sect i on 7 . 1.P r op er t y O wnerma y ch a ng e i t s e- ma i l a d d r ess( es)fornot i ce by wr i t t en not i ce g i ven t o t h e C i t y a tl ea stfi ve ( 5 )ca l end a rd a y s befor e t h e effect i ve d a t e of su chch a ng e i n t h e ma nnerp r ovi d ed i n Sect i on 7 . 1.
8 . I nd emni fi ca t i on.Th e P r op er t yO wner , i t s su ccessor s, a nd a ssi g ns, sh a l l i nd emni fy , d efend a nd h ol d t h e C i t y , i t s C ou nci l , boa r d s, offi cer s, commi ssi ons, a g ent s a nd emp l oy ees ( “C i t y I nd emni fi ed P a r t i es” )h a r ml ess fr om a nd a g a i nsta ny a nd a l ll i ens,cl a i ms,d ema nd s, a ct i ons, ca u ses of a ct i on, obl i g a t i ons, l i a bi l i t i es, d a ma g es, l osses, cost s a nd ex p enses, i ncl u d i ng bu tnot l i mi t ed t o forp er sona l i nj u r y , i ncl u d i ngd ea t h , a nd p r op er t yd a ma g e, i ncl u d i ngwi t h ou t l i mi t a t i on r ea sona bl e a t t or ney s’fees,a r bi t r a t i on fees,or cost s or cou r tcost s ( i nd i vi d u a l l y ,“C l a i m” a nd col l ect i vel y , “C l a i ms” ) , wh i chma y a r i se fr om ori n a ny ma nnerr el a t e t o a ny wor kp er for med or ser vi ces p r ovi d ed u nd er t h i s A g r eement by t h e P r op er t y O wner ,or t h e P r op er t y O wner ' s cont r a ct or s, su bcont r a ct or s, a g ent s oremp l oy ees, . N ot wi t h st a nd i ng t h e for eg oi ng , t h e P r op er t y O wnersh a l l not be obl i g a t ed u nd ert h i s A g r eement t oi nd emni fy , d efend orh ol d h a r ml ess t h e C i t y ort h e C i t y I nd emni fi ed P a r t i es t o t h e ex t entt h a ta ny C l a i m i s ca u sed by t h e g r oss neg l i g ence or wi l l fu l mi scond u ctof t h e C i t y orC i t y I nd emni fi ed P a r t i es.Th e p r ot ect i ons p r ovi d ed u nd ert h i s Sect i on 8 sh a l l a p p l y t o C l a i ms t h a t ma y a r i se fr om C i t y a ct i ons on t h e P r op er t y a s a u t h or i zed by t h i s A g r eement , i ncl u d i ngbu tnotl i mi t ed t o i nsp ect i ons p u r su a ntt o Sect i on 5 a nd r ep a i rorot h er wor kp u r su a ntt o Sect i on 6.Th e p r ot ect i ons p r ovi d ed u nd ert h i s Sect i on 8 sh a l l a p p l y r eg a r d l ess of wh et h erornott h e C i t y h a s p r ep a r ed , su p p l i ed ora p p r oved p l a ns a nd / orsp eci fi ca t i ons fort h e St or m D r a i n Fa ci l i t i es a nd r eg a r d l ess of wh et h era ny i nsu r a nce i s a p p l i ca bl e t o a ny C l a i ms. Th i s Sect i on 8 i ncl u d es a ny a nd a l l p r esenta nd fu t u r e C l a i ms a r i si ngou tof ori n a ny wa y connect ed wi t h P r op er t y O wner ’ s or i t s cont r a ct or s’or su bcont r a ct or s’obl i g a t i ons t o comp l y wi t h a ny a p p l i ca bl e St a t e L a borC od e r equ i r ement s a nd i mp l ement i ng r eg u l a t i ons of t h e D ep a r t mentof 211 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1 - 6-
I nd u st r i a l Rel a t i ons p er t a i ni ngt o “p u bl i c wor k s” , i ncl u d i ngbu t not l i mi t ed t o a l l cl a i ms t h a t ma y be ma d e by cont r a ct or s,su bcont r a ct or s orot h ert h i r d p a r t y cl a i ma nt s p u r su a ntt o L a borC od e sect i ons17 26a nd 17 8 1. P r op er t yO wner ’ sobl i g a t i onsu nd ert h i sSect i on8 sh a l l su r vi ve ex p i r a t i on orea r l i ert er mi na t i on of t h i s A g r eement .

9. A p p l i ca bl e L a ws a nd A t t or ney s' Fees. Th i s A g r eementsh a l lbe const r u ed a nd enfor ced p u r su a ntt o t h e l a ws of t h e St a t e of C a l i for ni a .Sh ou l d a ny l eg a l a ct i on be br ou g h tby a p a r t yforbr ea choft h i s A g r eement ort oenfor ce a nyp r ovi si onh er ei n, ea chp a r t ysh a l l bea ri t s own l eg a l cost s a nd a t t or ney s' fees.

10. Fu r t h erD ocu ment s. Th e P a r t i es covena nta nd a g r ee t h a tt h ey sh a l lex ecu t e su ch fu r t h er d ocu ment s a nd i nst r u ct i ons a s sh a l lbe necessa r y t o fu l l y effect u a t e t h e t er ms a nd p r ovi si ons of t h i s A g r eement .

11. Sever a bi l i t y . I n t h e eventa ny p a r tor p r ovi si on of t h i s A g r eementsh a l lbe d et er mi ned t o be i nva l i d oru nenfor cea bl e u nd ert h e l a ws of t h e St a t e of C a l i for ni a , t h e r ema i ni ng p or t i ons of t h i s A g r eement t h a t ca n be sep a r a t ed fr om t h e i nva l i d , u nenfor cea bl e p r ovi si ons sh a l l , never t h el ess, cont i nu e i n fu l l for ce a nd effect .

12. N o W a i ver .Th e wa i verof a ny covena ntcont a i ned h er ei n sh a l l notbe d eemed t o be acont i nu i ngwa i verof t h e sa me ora ny ot h ercovena nt cont a i ned h er ei n. 13 . A mend ment .Th i s A g r eement ma ybe a mend ed i n wh ol e ori n p a r t onl yby mu t u a l wr i t t en a g r eement .A ny su cha mend mentsh a l l be r ecor d ed i n Sa n M a t eo C ou nt y , C a l i for ni a .I n t h e eventa ny confl i cta r i ses bet ween t h e p r ovi si ons of a ny su ch a mend menta nd a ny of t h e p r ovi si ons of a ny ea r l i erd ocu mentord ocu ment s, t h e mostr ecent l y d u l y ex ecu t ed a nd r ecor d ed a mend ment sh a l l be cont r ol l i ng .

14. Rel ea se. I n t h e eventC i t y d et er mi nes i n i t s sol e d i scr et i on t h a tt h e St or m D r a i n Fa ci l i t i es a r e no l ong err equ i r ed , t h en a tt h e wr i t t en r equ estof P r op er t y O wner , i t s su ccessor s, a nd / or a ssi g ns,C i t y sh a l lex ecu t e a r el ea se of t h i s A g r eement ,wh i ch P r op er t y O wner ,i t s su ccessor s, a nd / ora ssi g ns, sh a l l r ecor d i nt h e O ffi ce oft h e Sa nM a t eoC ou nt yRecor d era t i t s/ t h ei r ex p ense.
15 . Recor d a t i on.Th i s A g r eement sh a l l be d u l yr ecor d ed i n t h e O ffi ci a l Recor d s of t h e C ou nt y of Sa n M a t eo, C a l i for ni a( “O ffi ci a l Recor d s” ) .

16. A u t h or i t y .Ea chp er son ex ecu t i ngt h i s A g r eementon beh a l f of ap a r t y r ep r esent s a nd wa r r a nt s t h a tsu ch p er son i s d u l y a nd va l i d l y a u t h or i zed t o d o so on beh a l f of t h e ent i t y i t p u r p or t s t o bi nd a nd i f su chp a r t y i s ap a r t ner sh i p , cor p or a t i on ort r u st ee, t h a tsu ch p a r t ner sh i p , cor p or a t i on ort r u st ee h a s fu l l r i g h ta nd a u t h or i t y t o ent eri nt o t h i s A g r eementa nd p er for m a l l of i t s obl i g a t i ons h er eu nd er .
[ Si g nat u r es t o fol l ow on next p ag e]
212 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1 - 7 -
IN WITNESS WHEREOF, t h e P a r t i es h a ve ex ecu t ed t h i s A g r eementa s of t h e d a t e fi r st st a t ed a bove.

PROPERTY OWNER

GOOGLE LLC,
A D el a wa r e l i mi t ed l i a bi l i t ycomp a ny
B y :

N a me:

Ti t l e:
[Signature must be notarized]
CITY

CITY OF SAN BRUNO,
amu ni ci p a l cor p or a t i on
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J ova n D . Gr og a n, C i t yM a na g er
[Signature must be notarized]
A P P RO V ED A S TO FO RM :

Tr i sh aO r t i z, I nt er i m C i t y A t t or ney
A TTEST:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ V i ck y H a sh a , D ep u t yC i t y C l er k
213 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1 - 8 -

N O TA RY A C KN O W L E D GM EN T
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STA TE O F C A L I FO RN I A )
C O UN TY O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ )
O n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , befor e me, , ( i nser t na me of no t a r y )
N ot a r yP u bl i c, p er sona l l y a p p ea r ed ,
wh o p r oved t o me on t h e ba si s of sa t i sfa ct or y evi d ence t o be t h e p er son( s)wh ose na me( s)i s/ a r e su bscr i bed t o t h e wi t h i n i nst r u menta nd a ck nowl ed g ed t o me t h a th e/ sh e/ t h ey ex ecu t ed t h e sa me i nh i s/ h er / t h ei ra u t h or i zed ca p a ci t y ( i es) , a nd t h a t byh i s/ h er / t h ei rsi g na t u r e( s)ont h e i nst r u ment t h e p er son( s) , ort h e ent i t y u p on beh a l f of wh i cht h e p er son( s)a ct ed , ex ecu t ed t h e i nst r u ment .

Icer t i fyu nd erP EN A L TY O F P ERJ URY u nd ert h e l a ws of t h e St a t e of C a l i for ni at h a t t h e for eg oi ngp a r a g r a p hi s t r u e a nd cor r ect .

W I TN ESS myh a nd a nd offi ci a l sea l .

Si g na t u r e ( Sea l )
214 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1 - 9-

Icer t i fyu nd erP EN A L TY O F P ERJ URY u nd ert h e l a ws of t h e St a t e of C a l i for ni at h a t t h e for eg oi ngp a r a g r a p hi s t r u e a nd cor r ect .

W I TN ESS myh a nd a nd offi ci a l sea l .

Si g na t u r e ( Sea l )
215 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1

EX H I B I T " A "
- 1-
EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY
Rea l p r op er t yi nt h e C i t yofSa nB r u no, C ou nt yofSa nM a t eo, St a t e ofC a l i f or ni a , d escr i bed a s fol l ows:

P A RC E L A :

P A RC E L " A " A S SH O W N O N L O T L I N E O F A D J USTM EN T,A S EV I D EN C ED B Y D O C UM EN T REC O RD ED O C TO B ER 01, 2008 A S I N STRUM EN T N O . 2008 - 110098 O F O FFI C I A L RE C O RD S,B EI N G M O RE P A RTI C UL A RL Y D ESC RI B ED A S FO L L O W S:

A P O RTI O N O F B L O C K 5 O F L O T 1, A S SH O W N O N TH E M A P EN TI TL ED " B A Y H I L L C EN TER" ,FI L ED O C TO B ER 11, 197 2 I NB O O K 7 8 O FM A P S A T P A GES 3 6 TH RO UGH 3 9, A N D L O T 3 , A S SH O W N O N TH A T C ERTA I N P A RC E L M A P FI L ED N O V EM B ER 19,197 5 I N B O O K 29 O F P A RC E L M A P S A T P A GE 3 8 ,SA N M A TEO C O UN TY REC O RD S, M O RE P A RTI C UL A RL Y D ESC RI B ED A S FO L L O W S:

C O M M EN C I N G A T TH E M O ST N O RTH ERL Y C O RN ER O F SA I D B L O C K 5 ,SA I D

P O I N T A L SO B EI N G O N TH E SO UTH W ESTERL Y RI GH T O F W A Y L I N E O F C H E RRY A V EN UE; TH EN C E A L O N G TH E N O RTH ERL Y L I N E O F SA I D B L O C K 5 , SO UTH 5 7 ° 13 ' 02" W EST, 28 8 . 07 FEET TO TH E P O I N T O F B EGI N N I N G; TH EN C E L E A V I N G SA I D N O RTH ERL Y L I N E, SO UTH 24° 3 8 ' 44" EA ST, 43 8 . 18 FEET;TH EN C E SO UTH 65 ° 21' 16" W EST, 3 98 . 19 FEET; TH EN C E SO UTH 05 ° 5 4' 5 7 " EA ST, 8 2. 14 FEET TO A P O I N T O N TH E RI GH T O F W A Y L I N E O F B A Y H I L L D RI V E; TH EN C E A L O N G SA I D RI GH T O F W A Y L I N E A N D B L O C K 5( 7 8 M A P S 3 6- 3 9) , SO UTH 8 4°05 ' 03 " W EST, 22. 5 0 F EET; TH EN C E C O N TI N UI N G A L O N G L A ST SA I D L I N E, SO UTH 05 ° 5 4' 5 7 " EA ST, 119. 3 0 FEET TO TH E M O ST N O RTH ERL Y C O RN E R O FSA I D L O T 3( 29 P A RC EL M A P S 3 8 ) ; TH EN C E A L O N G TH E EX TERI O R L I N E O FSA I D L O T 3( 29 P A RC EL M A P S 3 8 ) , TH E FO L L O W I N G ( 7 )SEV EN C O URSE S:
1)SO UTH 05 ° 5 4' 5 7 " EA ST, 91. 19 FEET;
2)N O RTH 8 4° 05 ' 03 " EA ST, 45 . 00 FEET;
3 )SO UTH 05 ° 5 4' 5 7 " EA ST, 3 7 2. 19 FEET;
4)SO UTH 8 1° 15 ' 48 " W EST, 3 5 . 5 0 FEET;
5 )N O RTH 64° 16' 00" W EST, 16. 46 FEET;
6)N O RTH 15 ° 49' 05 " W EST, 164. 5 8 FEET;
7 )N O RTH 43 ° 14' 3 6" W EST, 28 5 . 5 4 FEET TO TH E M O ST SO UTH ERL Y C O RN E R O F SA I D B L O C K 5 ( 7 8 M A P S 3 6- 3 9) ;
TH EN C E A L O N G TH E EX TERI O R L I N E O F SA I D L O T 1 ( 7 8 M A P S 3 6- 3 9) ,TH E FO L L O W I N G ( 5 ) FI V E C O URSES:
1)N O RTH 43 ° 14' 3 6" W EST, 3 9. 92 FEET;
2)N O RTH 06° 01' 15 " EA ST, 45 9. 27 FEET;
216 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1

EX H I B I T " A "
- 2-
3 )N O RTH 3 2° 3 4' 46" EA ST, 168 . 5 7 FEET;
4)N O RTH 48 ° 24' 08 " EA ST, 3 03 . 3 5 FEET;
5 )N O RTH 5 7 ° 13 ' 02" EA ST, 47 . 8 6 FEET TO TH E P O I N T O F B EGI N N I N G.

P A RC E L B :

P A RC E L " B " A S SH O W N O N L O T L I N E O F A D J USTM EN T, A S EV I D EN C ED B Y D O C UM EN T REC O RD ED O C TO B ER 01, 2008 A S I N STRUM EN T N O . 2008 - 110098

O F O FFI C I A L RE C O RD S, B EI N G M O RE P A RTI C UL A RL Y D ESC RI B ED A S FO L L O W S:

A P O RTI O N O F B L O C K 5 O F L O T 1,A S SH O W N O N TH E M A P EN TI TL ED " B A Y H I L L C EN TER, " FI L ED O C TO B ER 11,197 2 I N B O O K 7 8 O F M A P S A T P A GES 3 6 TH RO UGH 3 9 , SA N M A TEO C O UN TY REC O RD S, M O RE P A RTI C UL A RL Y D E SC RI B ED A S FO L L O W S:

B EGI N N I N G A T TH E M O ST N O RTH ERL Y C O RN ER O F SA I D B L O C K 5 ,SA I D

P O I N T A L SO B EI N G O N TH E SO UTH W ESTERL Y RI GH T O F W A Y L I N E O F C H ERRY A V EN UE;
TH EN C E A L O N G TH E EX TERI O R L I N ES O F B L O C K 5 TH E FO L L O W I N G ( 7 ) SEV EN C O URSE S:
1) SO UTH 24° 3 8 ' 44" EA ST,617 . 61 FEET TO TH E B EGI N N I N G O F A TA N GE N T C URV E TO TH E RI GH T H A V I N G A RA D I US O F 20. 00 FEET; 2)A L O N G SA I D C URV E TH RO UGH A C EN TRA L A N GL E O F 90° 00' 00" , A N A RC D I STA N C E O F 3 1. 42 FEET;
3 )SO UTH 65 ° 21' 16" W EST, 28 3 . 8 4 FEET;
4) SO UTH 65 ° 5 8 ' 5 7 " W EST,3 69. 45 FEET TO TH E B EGI N N I N G O F A TA N GE N T C URV E TO TH E RI GH T H A V I N G A RA D I US O F 28 . 00 FEET; 5 )A L O N G SA I D C URV E TH RO UGH A C EN TRA L A N GL E O F 108 ° 06' 06" , A N A RC D I STA N C E O F 5 2. 8 3 FEET;
6)N O RTH 05 ° 5 4' 5 7 " W EST, 3 4. 42 FEET;
7 )SO UTH 8 4° 05 ' 03 " W EST, 22. 5 0 FEET;
TH EN C E L EA V I N G SA I D EX TERI O R L I N E N O RTH 05 ° 5 4' 5 7 " W EST, 8 2. 14 FEET; TH EN C E N O RTH 65 °21' 16" EA ST, 3 98 . 19 FEET; TH EN C E N O RTH 24°3 8 ' 44" W EST, 43 8 . 18 FEET TO A P O I N T O N TH E N O RTH ERL Y L I N E O F SA I D B L O C K 5 ; TH EN C E A L O N G SA I D N O RTH ERL Y L I N E, N O RTH 5 7 ° 13 ' 02" EA ST, 28 8 . 07 FEET TO TH E P O I N T O F B EGI N N I N G.

A P N : 020- 012- 160 ( A ff ect s P a r cel A )a nd 020- 012- 17 0 ( A ffect s P a r cel B ) J P N : 020- 001- 012- 013 A a nd 020- 001- 012- 011A
217 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1

EX H I B I T " B "
- 1-
EXHIBIT "B"

STORM DRAIN EXHIBIT
218 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1

EX H I B I T " B "
- 2-
219 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1

EX H I B I T " B "
- 3 -
220 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1

EX H I B I T " B "
- 4-
221 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1

EX H I B I T " B "
- 5 -
222 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1

EX H I B I T " B "
- 6-
223 of 315
48 3 6- 447 8 - 8 45 1. 10
17 8 47 3 . 003 60 / 1- 13 - 22/ l mt / mh
O A K #48 90- 98 3 7 - 0090 v1

EX H I B I T " C "
- 1-
EXHIBIT "C"

QUITCLAIM DEED - PUBLIC SERVICE EASEMENTS
[ATTACHED]
224 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

REC O RD I N G REQ UESTED B Y
A N D W H EN REC O RD ED M A I L TO :

QUITCLAIM DEED – PUBLIC SERVICE EASEMENTS
FO R A V A L UA B L E C O N SI D ERA TI O N , r ecei p tof wh i ch i s h er eby a ck nowl ed g ed , C I TY O F SA N B RUN O ,ag ener a ll a w ci t y a nd mu ni ci p a lcor p or a t i on ( " Gr a nt or " ) ,d oes h er eby for ever t er mi na t e,r el ea se a nd qu i t cl a i m t o GO O GL E L L C ,a D el a wa r e l i mi t ed l i a bi l i t y comp a ny ( " Gr a nt ee" ) , a l l r i g h t , t i t l e a nd i nt er esti n t h e fol l owi ngp u bl i c ser vi ce ea sement s wh i cht r a ver se t h e r ea l p r op er t yd escr i bed onEx h i bi t A : ( i )t h ose p or t i onsoft h e P u bl i c Ut i l i t yD r a i na g e Ea sement d escr i bed on Ex h i bi t B a nd d ep i ct ed on Ex h i bi t C , a t t a ch ed h er et o a nd ma d e ap a r t h er eof ( " P UD Ea sement " ) ; a nd ( i i )t h a tcer t a i n 10- footd r a i na g e ea sementd ed i ca t ed t o p u bl i c a g ency u se " for st or m d r a i n a ccess a nd ma i nt ena nce p u r p oses" p u r su a ntt o, a nd d escr i bed a nd d ep i ct ed on, t h e P a r cel M a pa t t a ch ed h er et o a s Ex h i bi tD a nd ent i t l ed " B a y h i l l C ent er " fi l ed O ct ober11, 197 2 i n B ook7 8 ofM a p s, P a g es 3 6t h r ou g h3 9, i ncl u si ve, i nt h e offi ci a l r ecor d soft h e O ffi ce oft h e C ou nt y Recor d er of Sa n M a t eo C ou nt y ( " D r a i na g e Ea sement " ) ,( t og et h er ,t h e " Ea sement s" )i ncl u d i ng wi t h ou t l i mi t a t i on a nya nd a l l ot h err i g h t s ofi ng r ess a nd eg r ess i n, on, over , a nd a cr oss t h e su bj ect p r op er t y , a s ma y h a ve been g r a nt ed t o Gr a nt orp u r su a ntt o t h e a bove- d escr i bed P a r celM a pi n connect i on wi t ht h e Ea sement s.

GRANTOR:

CITY OF SAN BRUNO
B y :

N a me:

Ti t l e:
225 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

ACKNOWLEDGMENT
A n o t a r y p ub l i co ro t h e ro f f i c e rc o m p l e t i n gt h i s c e r t i f i c a t ev e r i f i e s o n l y t h ei d e n t i t y o f t h ei n d i v i d ua l w h os i g n e dt h ed o c um e n tt ow h i c ht h i s c e r t i f i c a t ei s a t t a c h e d , a n dn o tt h et r ut h f ul n e s s , a c c ur a c y, o rv a l i d i t y o f t h a td o c um e n t .

St a t e of C a l i for ni a )
C ou nt y of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _) O n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , befor e me, , ( i nser t na me of no t a r y )
N ot a r yP u bl i c, p er sona l l y a p p ea r ed ,
wh o p r oved t o me on t h e ba si s of sa t i sfa ct or y evi d ence t o be t h e p er son( s)wh ose na me( s)i s/ a r e su bscr i bed t o t h e wi t h i n i nst r u ment a nd a ck nowl ed g ed t o me t h a t h e/ sh e/ t h ey ex ecu t ed t h e sa me i n h i s/ h er / t h ei ra u t h or i zed ca p a ci t y ( i es) , a nd t h a t by h i s/ h er / t h ei rsi g na t u r e( s)on t h e i nst r u ment t h e p er son( s) , ort h e ent i t y u p on beh a l f of wh i cht h e p er son( s)a ct ed , ex ecu t ed t h e i nst r u ment .

Icer t i fy u nd erP EN A L TY O F P ERJ URY u nd ert h e l a ws of t h e St a t e of C a l i for ni at h a t t h e for eg oi ngp a r a g r a p hi s t r u e a nd cor r ect .

W I TN ESS myh a nd a nd offi ci a l sea l .

Si g na t u r e ( Sea l )
226 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

EX H I B I T A
- 1-

EXHIBIT A

LEGAL DESCRIPTION OF GOOGLE PROPERTY
Rea l p r op er t y i n t h e C i t y of Sa n B r u no, C ou nt y of Sa n M a t eo, St a t e of C a l i for ni a , d escr i bed a s f ol l ows:

P A RC E L A :

P A RC E L " A " A S SH O W N O N L O T L I N E O F A D J USTM EN T, A S EV I D EN C ED B Y D O C UM EN T REC O RD ED O C TO B ER 01, 2008 A S I N STRUM EN T N O . 2008 - 110098 O F O FFI C I A L RE C O RD S,B EI N G M O RE P A RTI C UL A RL Y D ESC RI B ED A S FO L L O W S:

A P O RTI O N O F B L O C K 5 O F L O T 1, A S SH O W N O N TH E M A P EN TI TL ED " B A Y H I L L C EN TER" ,FI L ED O C TO B ER 11, 197 2 I NB O O K 7 8 O F M A P S A T P A GES 3 6 TH RO UGH 3 9, A N D L O T 3 , A S SH O W N O N TH A T C ERTA I N P A RC E L M A P FI L ED N O V EM B ER 19, 197 5 I NB O O K 29 O F P A RC EL M A P S A T P A GE 3 8 , SA N M A TEO C O UN TY REC O RD S, M O RE P A RTI C UL A RL Y D ESC RI B ED A S FO L L O W S:

C O M M EN C I N G A T TH E M O ST N O RTH ERL Y C O RN E R O F SA I D B L O C K 5 , SA I D

P O I N T A L SO B EI N G O N TH E SO UTH W ESTERL Y RI GH T O F W A Y L I N E O F C H ERRY A V EN UE; TH EN C E A L O N G TH E N O RTH ERL Y L I N E O F SA I D B L O C K 5 , SO UTH 5 7 ° 13 ' 02" W EST, 28 8 . 07 FEET TO TH E P O I N T O F B EGI N N I N G; TH EN C E L E A V I N G SA I D N O RTH ERL Y L I N E, SO UTH 24° 3 8 ' 44" EA ST, 43 8 . 18 FEET;TH EN C E SO UTH 65 ° 21' 16" W EST, 3 98 . 19 FEET; TH EN C E SO UTH 05 ° 5 4' 5 7 " EA ST, 8 2. 14 FEET TO A P O I N T O N TH E RI GH T O F W A Y L I N E O F B A Y H I L L D RI V E; TH EN C E A L O N G SA I D RI GH T O F W A Y L I N E A N D B L O C K 5 ( 7 8 M A P S 3 6- 3 9) , SO UTH 8 4° 05 ' 03 " W EST, 22. 5 0 FEET; TH EN C E C O N TI N UI N G A L O N G L A ST SA I D L I N E, SO UTH 05 ° 5 4' 5 7 " EA ST, 119. 3 0 FEET TO TH E M O ST N O RTH ERL Y C O RN ER O F SA I D L O T 3 ( 29 P A RC EL M A P S 3 8 ) ;
TH EN C E A L O N G TH E EX TERI O R L I N E O F SA I D L O T 3 ( 29 P A RC E L M A P S 3 8 ) , TH E FO L L O W I N G ( 7 )SEV EN C O URSES:
1)SO UTH 05 ° 5 4' 5 7 " EA ST, 91. 19 FEET;
2)N O RTH 8 4° 05 ' 03 " EA ST, 45 . 00 FEET;
3 )SO UTH 05 ° 5 4' 5 7 " EA ST, 3 7 2. 19 FEET;
4)SO UTH 8 1° 15 ' 48 " W EST, 3 5 . 5 0 FEET;
5 )N O RTH 64° 16' 00" W EST, 16. 46 FEET;
6)N O RTH 15 ° 49' 05 " W EST, 164. 5 8 FEET;
7 )N O RTH 43 ° 14' 3 6" W EST, 28 5 . 5 4 FEET TO TH E M O ST SO UTH ERL Y C O RN ER O F SA I D B L O C K 5 ( 7 8 M A P S 3 6- 3 9) ;
TH EN C E A L O N G TH E EX TERI O R L I N E O F SA I D L O T 1 ( 7 8 M A P S 3 6- 3 9) , TH E FO L L O W I N G ( 5 ) FI V E C O URSES:
1)N O RTH 43 ° 14' 3 6" W EST, 3 9. 92 FEET;
227 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

EX H I B I T A
- 2-
2)N O RTH 06° 01' 15 " EA ST, 45 9. 27 FEET;
3 )N O RTH 3 2° 3 4' 46" EA ST, 168 . 5 7 FEET;
4)N O RTH 48 ° 24' 08 " EA ST, 3 03 . 3 5 FEET;
5 )N O RTH 5 7 ° 13 ' 02" EA ST, 47 . 8 6 FEET TO TH E P O I N T O F B EGI N N I N G P A RC E L B :

P A RC E L " B " A S SH O W N O N L O T L I N E O F A D J USTM EN T, A S EV I D EN C ED B Y D O C UM EN T REC O RD ED O C TO B ER 01, 2008 A S I N STRUM EN T N O . 2008 - 110098 O F O FFI C I A L REC O RD S,B EI N G M O RE P A RTI C UL A RL Y D ESC RI B ED A S FO L L O W S:

A P O RTI O N O F B L O C K 5 O F L O T 1, A S SH O W N O N TH E M A P EN TI TL ED " B A Y H I L L C EN TER, " FI L ED O C TO B ER 11, 197 2 I NB O O K 7 8 O F M A P S A T P A GES 3 6 TH RO UGH 3 9, SA N M A TEO C O UN TY REC O RD S, M O RE P A RTI C UL A RL Y D E SC RI B ED A S FO L L O W S:

B EGI N N I N G A T TH E M O ST N O RTH ERL Y C O RN ER O F SA I D B L O C K 5 , SA I D

P O I N T A L SO B EI N G O N TH E SO UTH W ESTERL Y RI GH T O F W A Y L I N E O F C H ERRY A V EN UE;
TH EN C E A L O N G TH E EX TERI O R L I N ES O F B L O C K 5 TH E FO L L O W I N G ( 7 ) SEV EN C O URSE S:
1)SO UTH 24° 3 8 ' 44" EA ST, 617 . 61 FEET TO TH E B EGI N N I N G O F A TA N GEN T C URV E TO TH E RI GH T H A V I N G A RA D I US O F 20. 00 FEET; 2)A L O N G SA I D C URV E TH RO UGH A C EN TRA L A N GL E O F 90° 00' 00" , A N A RC D I STA N C E O F 3 1. 42 FEET;
3 )SO UTH 65 ° 21' 16" W EST, 28 3 . 8 4 FEET;
4)SO UTH 65 ° 5 8 ' 5 7 " W EST, 3 69. 45 FEET TO TH E B EGI N N I N G O F A TA N GEN T C URV E TO TH E RI GH T H A V I N G A RA D I US O F 28 . 00 FEET; 5 )A L O N G SA I D C URV E TH RO UGH A C EN TRA L A N GL E O F 108 ° 06' 06" , A N A RC D I STA N C E O F 5 2. 8 3 FEET;
6)N O RTH 05 ° 5 4' 5 7 " W EST, 3 4. 42 FEET;
7 )SO UTH 8 4° 05 ' 03 " W EST, 22. 5 0 FEET;
TH EN C E L E A V I N G SA I D E X TERI O R L I N E N O RTH 05 ° 5 4' 5 7 " W EST, 8 2. 14 FEET; TH EN C E N O RTH 65 °21' 16" EA ST, 3 98 . 19 FEET; TH EN C E N O RTH 24° 3 8 ' 44" W EST, 43 8 . 18 FEET TO A P O I N T O N TH E N O RTH ERL Y L I N E O F SA I D B L O C K 5 ; TH EN C E A L O N G SA I D N O RTH ERL Y L I N E, N O RTH 5 7 ° 13 ' 02" EA ST, 28 8 . 07 FEET TO TH E P O I N T O F B EGI N N I N G.

A P N : 020- 012- 160 ( A ff ect s P a r cel A )a nd 020- 012- 17 0 ( A ffect s P a r cel B ) J P N : 020- 001- 012- 013 A a nd 020- 001- 012- 011A
228 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

EX H I B I T B
- 1-

EXHIBIT B

LEGAL DESCRIPTION OF PUD EASEMENT VACATION
229 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

EX H I B I T B
- 2-
230 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

EX H I B I T C
- 1-

EXHIBIT C

DEPICTION OF PUD EASEMENT VACATION
231 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

EX H I B I T C
- 2-
232 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

EX H I B I T D
- 1-

EXHIBIT D
1972 PARCEL MAP
233 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

EX H I B I T D
- 2-
234 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

EX H I B I T D
- 3 -
235 of 315
48 46- 7 3 11- 3 8 27 . 2
17 8 47 3 . 003 60 / 10- 11- 21/ l mt / l mt

EX H I B I T D
- 4-
236 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of San Bruno
567 El Camino Real
San Bruno, California 94066
Attention: City Clerk
)
)
)
)
)
)
)
)
(Space Above This Line for Recorder’s Use Only)
Exempt from recording fee per Gov. Code § 27383.

QUITCLAIM DEED – PUBLIC SERVICE EASEMENTS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BRUNO, a general law city and municipal corporation ("Grantor"), does hereby forever terminate, release and quitclaim to GOOGLE LLC, a Delaware limited liability company ("Grantee"), all right, title and interest in the following public service easements which traverse the real property described on Exhibit A: (i) those portions of the Public Utility Drainage Easement described on Exhibit B and depicted on Exhibit C, attached hereto and made a part hereof ("PUD Easement"); and (ii) that certain 10-foot drainage easement dedicated to public agency use "for storm drain access and maintenance purposes" pursuant to, and described and depicted on, the Parcel Map attached hereto as Exhibit D and entitled "Bayhill Center" filed October 11, 1972 in Book 78 of Maps, Pages 36 through 39, inclusive, in the official records of the Office of the County Recorder of San Mateo County ("Drainage Easement"), (together, the "Easements") including without limitation any and all other rights of ingress and egress in, on, over, and across the subject property, as may have been granted to Grantor pursuant to the above-described Parcel Map in connection with the Easements.

GRANTOR:

CITY OF SAN BRUNO
By:

Name:

Title:

Attachment 2- Exhibit H
237 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
238 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

EXHIBIT A
-1-

EXHIBIT A

LEGAL DESCRIPTION OF GOOGLE PROPERTY
Real property in the City of San Bruno, County of San Mateo, State of California, described as follows:

PARCEL A:

PARCEL "A" AS SHOWN ON LOT LINE OF ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 01, 2008 AS INSTRUMENT NO. 2008-110098 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 5, SAID

POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF CHERRY AVENUE; THENCE ALONG THE NORTHERLY LINE OF SAID BLOCK 5, SOUTH 57° 13' 02" WEST, 288.07 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 24° 38' 44" EAST, 438.18 FEET; THENCE SOUTH 65° 21' 16" WEST, 398.19 FEET; THENCE SOUTH 05° 54' 57" EAST, 82.14 FEET TO A POINT ON THE RIGHT OF WAY LINE OF BAYHILL DRIVE; THENCE ALONG SAID RIGHT OF WAY LINE AND BLOCK 5 (78 MAPS 36-39), SOUTH 84° 05' 03" WEST, 22.50 FEET; THENCE CONTINUING ALONG LAST SAID LINE, SOUTH 05° 54' 57" EAST, 119.30 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 3 (29 PARCEL MAPS 38);
THENCE ALONG THE EXTERIOR LINE OF SAID LOT 3 (29 PARCEL MAPS 38), THE FOLLOWING (7) SEVEN COURSES:
1) SOUTH 05° 54' 57" EAST, 91.19 FEET;
2) NORTH 84° 05' 03" EAST, 45.00 FEET;
3) SOUTH 05° 54' 57" EAST, 372.19 FEET;
4) SOUTH 81° 15' 48" WEST, 35.50 FEET;
5) NORTH 64° 16' 00" WEST, 16.46 FEET;
6) NORTH 15° 49' 05" WEST, 164.58 FEET;
7) NORTH 43° 14' 36" WEST, 285.54 FEET TO THE MOST SOUTHERLY CORNER OF SAID BLOCK 5 (78 MAPS 36-39);
THENCE ALONG THE EXTERIOR LINE OF SAID LOT 1 (78 MAPS 36-39), THE FOLLOWING (5) FIVE COURSES:
1) NORTH 43° 14' 36" WEST, 39.92 FEET;
239 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

PARCEL B:

PARCEL "B" AS SHOWN ON LOT LINE OF ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 01, 2008 AS INSTRUMENT NO. 2008- 110098 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 5, SAID

POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF CHERRY AVENUE;
THENCE ALONG THE EXTERIOR LINES OF BLOCK 5 THE FOLLOWING (7) SEVEN COURSES:
1) SOUTH 24° 38' 44" EAST, 617.61 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET;
2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00", AN ARC DISTANCE OF 31.42 FEET;
3) SOUTH 65° 21' 16" WEST, 283.84 FEET;
4) SOUTH 65° 58' 57" WEST, 369.45 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 28.00 FEET;
5) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 108° 06' 06", AN ARC DISTANCE OF 52.83 FEET;
6) NORTH 05° 54' 57" WEST, 34.42 FEET;
7) SOUTH 84° 05' 03" WEST, 22.50 FEET;
THENCE LEAVING SAID EXTERIOR LINE NORTH 05° 54' 57" WEST, 82.14 FEET; THENCE NORTH 65° 21' 16" EAST, 398.19 FEET; THENCE NORTH 24° 38' 44" WEST, 438.18 FEET TO A POINT ON THE NORTHERLY LINE OF SAID BLOCK 5; THENCE ALONG SAID NORTHERLY LINE, NORTH 57° 13' 02" EAST, 288.07 FEET TO THE POINT OF BEGINNING.
240 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

EXHIBIT A
-3-
APN: 020-012-160 (Affects Parcel A) and 020-012-170 (Affects Parcel B) JPN: 020-001-012-013A and 020-001-012-011A
241 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

EXHIBIT B
-1-

EXHIBIT B

LEGAL DESCRIPTION OF PUD EASEMENT VACATION
242 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

EXHIBIT B
-2-
243 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

EXHIBIT C
-1-

EXHIBIT C

DEPICTION OF PUD EASEMENT VACATION
244 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

EXHIBIT C
-2-
245 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

EXHIBIT D
-1-

EXHIBIT D
1972 PARCEL MAP
246 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

EXHIBIT D
-2-
247 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

EXHIBIT D
-3-
248 of 315
4846-7311-3827.2
178473.00360/10-11-21/lmt/lmt

EXHIBIT D
-4-
249 of 315
4838-4342-1949.2
178473.00360/10-11-21/lmt/lmt

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of San Bruno
567 El Camino Real
San Bruno, California 94066
Attention: City Clerk
)
)
)
)
)
)
)
)
(Space Above This Line for Recorder’s Use Only)
Exempt from recording fee per Gov. Code §
27383.

QUITCLAIM DEED – ROADWAY EASEMENTS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BRUNO, a general law city and municipal corporation ("Grantor"), does hereby forever terminate, release and quitclaim to GOOGLE LLC, a Delaware limited liability company ("Grantee"), all right, title and interest in the following right of way and utility easements which are located within and are a portion of Bayhill Drive in the City of San Bruno, County of San Mateo, State of California, as shown in Book 78 of Maps at Pages 36 through 39, recorded on October 11, 1972, San Mateo County Records: (i) the northern portion of the right of way easement described on Exhibit A-1 and depicted on Exhibit B-1, attached hereto ("Right of Way Easement 1"); (ii) the southern portion of the right of way easement described on Exhibit A-1 and depicted on Exhibit B-1, attached hereto ("Right of Way Easement 2"); and (iii) those portions of the Public Utility Easement described on Exhibit A-2 and depicted on Exhibit B-2, attached hereto ("Public Utility Easement"), (together, the "Easements") including without limitation any and all other rights of ingress and egress in, on, over, and across the subject property, as may have been granted to Grantor pursuant to the above-described Parcel Map in connection with the Easements.

GRANTOR:

CITY OF SAN BRUNO
By:

Name:

Title:

Attachment 2- Exhibit I
250 of 315
4838-4342-1949.2
178473.00360/10-11-21/lmt/lmt

State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
251 of 315
4838-4342-1949.2
178473.00360/10-11-21/lmt/lmt
EXHIBIT A-1
-1-
EXHIBIT A-1

LEGAL DESCRIPTION OF
RIGHT OF WAY EASEMENT VACATION 1
&
RIGHT OF WAY EASEMENT VACATION 2
252 of 315
4838-4342-1949.2
178473.00360/10-11-21/lmt/lmt
EXHIBIT A-1
-2-
253 of 315
4838-4342-1949.2
178473.00360/10-11-21/lmt/lmt
EXHIBIT A-1
-3-
254 of 315
4838-4342-1949.2
178473.00360/10-11-21/lmt/lmt
EXHIBIT B-1
-1-
EXHIBIT B-1
DEPICTION OF RIGHT OF WAY EASEMENT VACATION 1
&
RIGHT OF WAY EASEMENT VACATION 2
255 of 315
4838-4342-1949.2
178473.00360/10-11-21/lmt/lmt
EXHIBIT B-1
-2-
256 of 315
4838-4342-1949.2
178473.00360/10-11-21/lmt/lmt
EXHIBIT A-2
-1-
EXHIBIT A-2

LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT VACATION
257 of 315
4838-4342-1949.2
178473.00360/10-11-21/lmt/lmt
EXHIBIT A-2
-2-
258 of 315
4838-4342-1949.2
178473.00360/10-11-21/lmt/lmt
EXHIBIT B-2
-1-
EXHIBIT B-2

DEPICTION OF PUBLIC UTILITY EASEMENT VACATION
259 of 315
4838-4342-1949.2
178473.00360/10-11-21/lmt/lmt
EXHIBIT B-2
-2-
260 of 315
261 of 315
262 of 315
263 of 315
264 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1 -1-
1929\08\2949239.2

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Attention: City Clerk
)
)
)
)
)
)
)
)
(Space Above This Line for Recorder’s Use Only)
Exempt from recording fee per Gov. Code § 27383.

STORMWATER TREATMENT MEASURES

MAINTENANCE AGREEMENT
1400, 1450, 1500 Bayhill Drive, San Bruno

THIS STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT (“Agreement”) is made and entered into this ___ day of ____________, 2022 (“Effective Date”), by and between the CITY OF SAN BRUNO, a California general law city and municipal corporation (“City”) and GOOGLE LLC, a Delaware limited liability company (“Property Owner”) with reference to the following facts:

RECITALS
A. On November 19, 2015, the Regional Water Quality Control Board, San Francisco Bay Region, adopted Order R-2015-0049, amending the San Mateo Countywide NPDES Municipal Stormwater Permit No. CAS612008 (the “NPDES Permit”); and B. Provision C.3 of the NPDES Permit, as it may be amended or reissued from time to time, requires the permittee public agencies to provide minimum verification and access assurances that all treatment measures shall be adequately operated and maintained by entities responsible for the stormwater treatment measures; and
C. The Property Owner is the owner of real property situated in the City of San Bruno, County of San Mateo, State of California, located at 1400, 1450, and 1500 Bayhill Drive, and more particularly described in the legal description in Exhibit “A”, attached hereto and incorporated herein by reference (the “Property”); and
D. Attached hereto as Exhibit “B”, and incorporated herein by this reference, is a legible reduced-scale copy of the site plan, which has been approved and is on file with the City of San Bruno Public Works, showing the stormwater treatment measure(s) that are to be located or to be constructed on the Property, hereinafter referred to as the “Stormwater Control Plan”; and E. Attached hereto as Exhibit “C”and incorporated herein by this reference, is a “Sample Inspection Report, Bioretention, Flow-Through Planter, and Rainwater Harvesting 265 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1 -2-
1929\08\2949239.2
System Maintenance Plan, and Inspection and Maintenance Checklist” (the “Inspection and Maintenance Checklist”) which describes the Property Owner’s maintenance activities to be performed pursuant to this Agreement; and
F. The City is the permittee public agency with jurisdiction over the Property; and G. The Property Owner recognizes that the stormwater treatment measure(s) more particularly described and shown on the Stormwater Control Plan must be installed and maintained as indicated in this Agreement and as required by the NPDES Permit or other regulatory agencies having jurisdiction; and
H. The City and Property Owner agree that the health, safety and welfare of the citizens of the City require that the stormwater treatment measure(s) detailed in the Stormwater Control Plan be constructed and maintained on the Property; and I. The City’s Stormwater Management Ordinance, Stormwater related guidelines, criteria and other written directions (“City Stormwater Regulations”) require that the stormwater treatment measure(s), as shown on the approved Stormwater Control Plan, be constructed and maintained by the Property Owner.

AGREEMENT
NOW, THEREFORE, in consideration of the benefit received by the Property Owner as a result of the City’s approval of the Stormwater Control Plan, the Property Owner hereby covenants and agrees with the City as follows:

1. Construction of Treatment Measures. The on-site stormwater treatment measure(s) shown on the Stormwater Control Plan in Exhibit B shall be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the Property and Project and any other requirements thereto which have been approved by the City in conformance with City Stormwater Regulations.

2. Operation & Maintenance Responsibility. This Agreement shall serve as the signed statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another person or entity. Before the Property is legally transferred to another person or entity, the Property Owner shall provide to the City at least one of the following:
a. A signed statement from a public entity assuming permanent post- construction responsibility for treatment measure maintenance and that the treatment measures meet all local agency design standards; or
b. Written conditions in the sales or lease agreement requiring the buyer or lessee to assume responsibility for operation and maintenance (“O&M”) consistent with this provision, which conditions, in the case of purchase and sale agreements, shall be written to survive beyond the close of escrow; or
266 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1 -3-
1929\08\2949239.2
c. Written text in project conditions, covenants and restrictions (“CC&Rs”) for residential properties assigning O&M responsibilities to the homeowners association for O&M of the treatment measures; or
d. Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance of treatment measures.

3. Maintenance of Treatment Measures. The Property Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness, and shall, at Property Owner’s sole expense, adequately maintain the stormwater treatment measure(s) in good working order acceptable to the City and in accordance with the Stormwater Control Plan and Inspection and Maintenance Checklist, attached as Exhibit C. This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater as set forth in the Stormwater Control Plan, but does not include measures installed by the City. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities continue to operate as originally designed and approved. The Inspection and Maintenance Checklist shall include a detailed description of and schedule for long-term maintenance activities of the stormwater treatment measures.

4. Sediment Management. Sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) will be managed appropriately by the Property Owner. The Property Owner will provide for the removal and disposal of accumulated sediments.

Disposal of accumulated sediments shall not occur on the Property. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal, state and local law and regulations.

5. Annual Inspection and Report. The Property Owner shall, on an annual basis, complete a Treatment Measure Operation and Maintenance Inspection Report (“Annual Report”).

The Annual Report shall include all completed Inspection and Maintenance Checklists for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) have been conducted pursuant to this Agreement. The Annual Report shall be submitted no later than April 1 of each year for the previous calendar year (January 1 through December 31), under penalty of perjury, to Office of the City Engineer, 567 El Camino Real, San Bruno, CA 94066 or another member of the City staff as directed by the City. Property Owner shall pay all costs and expenses of the inspections. The Property Owner shall provide in the Annual Report a record of the volume of all accumulated sediment removed as a result of the treatment measure(s). The Property Owner shall conduct a minimum of one (1) annual inspection of the stormwater treatment measure(s) before the wet season. This inspection shall occur between August 1st and October 1st each year. More frequent inspections may be required. The results of inspections shall be recorded on the Annual Inspection Report.
267 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1 -4-
1929\08\2949239.2
In the event Property Owner fails to file the Annual Report required under this Agreement in a form acceptable to the City, the City and its authorized agents and employees, with reasonable notice, may enter the Property and take whatever steps it deems necessary and appropriate to inspect the Property. It is expressly understood and agreed that the City is under no obligation to inspect, maintain or repair the treatment measure(s) that were not installed by the City, and in no event shall this Agreement be construed to impose any such obligation on the City.

6. Necessary Changes and Modifications. At its sole expense, the Property Owner shall make changes or modifications to the stormwater treatment measure(s) as may be determined as reasonably necessary by the City to ensure that the stormwater treatment measures are properly maintained and continue to operate as originally designed and approved. a. Rainwater Collection/Reuse. The use of locally sourced rain/storm water shall be in compliance with the California Plumbing Code Section 1506.7 On-Site Treated Non- potable Gray Water Devices and Systems. Devices or equipment used to treat on-site treated non- potable gray water to maintain the minimum water quality requirements determined by the City Building Official including: shall be appropriately listed or labeled, (third-party certified) by a listing agency, and (accredited conformity assessment body) or approved for the intended application. Devices or equipment used to treat on-site treated non-potable gray water for use in the water closet and urinal flushing, surface irrigation, and similar applications shall comply with NSF 350 or approved by the City Building Official. The City Building Official will be ultimately responsible for the review and approval of the building plans, including the alternate water collection, treatment, storage and distribution system, as well as all cross-connection control feature implementation. Ongoing required cross-connection shut-down tests shall be provided prior to use of the system and on a yearly basis for a minimum initial term of 5 years, and additionally as required by the City Building Official.

7. Access to the Property. The Property Owner hereby grants permission to the City; the San Francisco Bay Regional Water Quality Control Board (Regional Board); the San Mateo County Mosquito Abatement District (Mosquito Abatement District); and their authorized agents and employees to enter upon the Property at reasonable times and in a reasonable manner to inspect, after providing at least 48 hours’ notice for non-emergency situations and complying with the Property Owner’s reasonable security access requirements, assess or observe the stormwater treatment measure(s) in order to ensure that the stormwater treatment measures are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property whenever there is a reasonable basis to believe that a violation of this Agreement, the City Stormwater Regulations, or the San Mateo Countywide NPDES Municipal Stormwater Permit (Regional Board Order R2- 2015-0049, as amended by Regional Board Order R2-2019-0004, and any amendments or re- issuances of the NPDES Permit) is occurring, has occurred or threatens to occur. Subject to the above notice and security access requirements the above listed agencies also have a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the City Stormwater Regulations. The City, Regional Board, or the Mosquito Abatement District shall 268 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1 -5-
1929\08\2949239.2
provide reasonable (as may be appropriate for the particular circumstances) notice to the Property Owner before entering the Property.

8. Failure to Maintain Treatment Measures. In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the approved Stormwater Control Plan in good working order acceptable to the City and in accordance with the Inspection and Maintenance Checklist, the City, and its authorized agents and employees with reasonable notice, may enter the Property during normal business hours, except in an emergency or when otherwise necessary outside of such hours, and take whatever steps it deems necessary and appropriate to return the stormwater treatment measure(s) to good working order. Such notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the City to erect any structure of a permanent nature on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair the stormwater treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation on the City.

9. Reimbursement of the City Expenditures. In the event the City, pursuant to this Agreement, performs work of any nature (direct or indirect), including any inspections, re- inspections or any actions it deems necessary or appropriate to return the stormwater treatment measure(s) in good working order as indicated in Section 8, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the City demand within thirty (30) days of receipt thereof for the costs incurred by the City hereunder. If these costs are not paid within the prescribed time period, the City may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition to, and not in-lieu- of, any and all legal remedies as provided by law, available to the City as a result of the Property Owner’s failure to maintain the stormwater treatment measure(s). The Property Owner’s obligations under this Section 9 shall survive expiration or earlier termination of this Agreement.

10. Indemnification. The Property Owner shall indemnify, hold harmless and defend the City and its authorized agents, officers, officials and employees (“City Indemnified Parties”) from and against any and all third party claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, and payments, including attorney fees claimed or which might arise or be asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the stormwater treatment measure(s) by the Property Owner or the City (collectively, “Claim”). In the event such a Claim is asserted against the City or City Indemnified Parties, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such Claim. If any judgment or Claims against the City or City Indemnified Parties shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any Claim which arises due to the gross negligence or willful misconduct of the City or City Indemnified Parties.

This Section 10 includes any and all present and future Claims arising out of or in any way 269 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1 -6-
1929\08\2949239.2
connected with Property Owner’s or its contractors’ or subcontractors’ obligations to comply with any applicable State Labor Code requirements and implementing regulations of the Department of Industrial Relations pertaining to “public works” (collectively, “Prevailing Wage Laws”), including but not limited to all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code sections 1726 and 1781. The Property Owner’s obligations under this Section 10 shall survive expiration or earlier termination of this Agreement.

11. No Additional Liability. It is the intent of this Agreement to ensure the proper maintenance of the stormwater treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by stormwater runoff.

12. Performance Financial Assurance. The City may request the Property Owner to provide a performance bond, security, or other appropriate financial assurance providing for the maintenance of the stormwater treatment measure(s) pursuant to the City Stormwater Regulations.

13. Transfer of Property; Release. This Agreement shall run with the title to the land and any portion thereof. The Property Owner further agrees whenever the Property or any portion thereof is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property or any portion thereof. Upon transfer of title to the Property subject to this Agreement, the prior owner(s) shall be liable for the obligations under this Agreement only for and to the extent such obligations and liabilities under this Agreement arose during the period of such prior owner’s ownership and shall be released from any and all obligations and liabilities that arose under this Agreement from and after the date of transfer. If the nature of the claim is such that it is not patently clear from the information available to the City at the time of filing whether or to what extent the obligation or liability arose during any particular owner’s ownership, the City has the right to file claims against prior owners, and it shall be the obligation of such owner (or owners) to prove affirmatively that such claim did not arise during the term of ownership. In addition, this release is intended to relate only to the obligations and liabilities under this Agreement and is not intended to, in any way, act as a release of the Developer from any other claims the City may have against the Developer on other grounds.
270 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1 -7-
1929\08\2949239.2

14. Notices. The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of the Property Owner under this Agreement.

For City:

City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Attn: City Manager
For Property Owner:

Google LLC
Attn: San Bruno Real Estate
1600 Amphitheatre Parkway
Mountain View, CA 94043
With a copy to: With a copy to:

City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Attn: City Attorney
Allen Matkins Leck Gamble Mallory & Natsis LLP
Three Embarcadero Center, 12th Floor
San Francisco, CA 94111
Attn: David H. Blackwell, Esq.

Except as otherwise stated, all notices to be provided or that may be provided under this Agreement must be in writing and delivered by regular and certified mail, return receipt requested.

Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address.

15. Waiver. Waiver by City of any breach of one or more of these terms, covenants or conditions of this Agreement or any default in the performance of any obligations under this Agreement shall not be construed as waiver of any other term, covenant, condition, or obligation, nor shall a waiver of any incident of breach or default constitute a continuing waiver of the same.

16. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

17. Paragraph Headings. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof.

18. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it, embody the entire agreement and understanding between the parties relating to the subject matter of it. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

19. Severability. The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement. 271 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1 -8-
1929\08\2949239.2

20. Covenant Running with the Land. This Agreement will be recorded by the City in the County Recorder’s Office of the County of San Mateo, California at the Property Owner’s expense. The covenants and agreements contained herein shall be deemed to be covenants running with title to the land for the benefit of the City and its successors.

21. Release of Agreement. In the event that the City determines that the stormwater treatment measures located on the Property are no longer required, then the City, at the request of the Property Owner, shall execute a release of this Agreement, which the Property Owner shall record in the County Recorder’s Office at the Property Owner’s expense. The City reserves the option to record such release of this Agreement. The stormwater treatment measure(s) shall not be removed from the Property unless such a release is so executed and recorded.

22. Effective Date and Modification. This Agreement is effective upon the date of execution as stated at the beginning of this Agreement. This Agreement shall not be modified except by written instrument executed by the City and the Property Owner at the time of modification. Such modifications shall be effective upon the date of execution and shall be recorded.

23. Assignment By Developer Prior to Project Completion. Prior to the completion of the initial construction of the Project, as evidenced by issuance of a certificate of occupancy by the City, the Developer may only assign this Agreement with prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. The documentation of such assignment shall be in the form of an assignment and assumption agreement acceptable to the City.
[SIGNATURES ON THE FOLLOWING PAGE]
272 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1 -9-
1929\08\2949239.2
IN WITNESS WHEREOF, City and Property Owner have executed this Agreement as of the Effective Date.

PROPERTY OWNER
GOOGLE LLC, a Delaware Limited
Liability Company
By:

Josh Portner
Director, Real Estate District
Development
[Signature must be notarized]
CITY

CITY OF SAN BRUNO,
a municipal corporation
____________________________
Jovan D. Grogan, City Manager
[Signature must be notarized]
APPROVED AS TO FORM:

By: _________________________
Trisha Ortiz, Interim City Attorney
ATTEST:

By: ____________________________
Vicky Hasha, Deputy City Clerk
273 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1 -10-
1929\08\2949239.2

State of California )
County of ___________________ )
On _________________________, before me, ,
(insert name of notary)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
274 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1 -11-
1929\08\2949239.2

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
275 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4862-3608-5290 v1

EXHIBIT A
-1-

EXHIBITA
Legal Description of Property
Real property in the City of San Bruno, County of San Mateo, State of California, described as follows:

PARCEL A:

PARCEL “A” AS SHOWN ON LOT LINE OF ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 01, 2008 AS INSTRUMENT NO. 2008-110098 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PORTION OF BLOCK 5 OF LOT 1, AS SHOWN ON THE MAP ENTITLED “BAYHILL CENTER”, FILED OCTOBER 11, 1972 INBOOK 78 OF MAPS AT PAGES 36 THROUGH 39, AND LOT 3, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED NOVEMBER 19, 1975 IN BOOK 29 OF PARCEL MAPS AT PAGE 38, SAN MATEO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 5, SAID

82.14 FEET TO A POINT ON THE RIGHT OF WAY LINE OF BAYHILL DRIVE; THENCE ALONG SAID RIGHT OF WAY LINE AND BLOCK 5 (78 MAPS 36-39), SOUTH 84° 05’ 03” WEST, 22.50 FEET; THENCE CONTINUING ALONG LAST SAID LINE, SOUTH 05° 54’ 57” EAST, 119.30 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 3 (29 PARCEL MAPS 38);
THENCE ALONG THE EXTERIOR LINE OF SAID LOT 3 (29 PARCEL MAPS 38), THE FOLLOWING (7) SEVEN COURSES:
1) SOUTH 05° 54’ 57” EAST, 91.19 FEET;
2) NORTH 84° 05’ 03” EAST, 45.00 FEET;
3) SOUTH 05° 54’ 57” EAST, 372.19 FEET;
4) SOUTH 81° 15’ 48” WEST, 35.50 FEET;
5) NORTH 64° 16’ 00” WEST, 16.46 FEET;
6) NORTH 15° 49’ 05” WEST, 164.58 FEET;
7) NORTH 43° 14’ 36” WEST, 285.54 FEET TO THE MOST SOUTHERLY CORNER OF SAID BLOCK 5 (78 MAPS 36-39);
THENCE ALONG THE EXTERIOR LINE OF SAID LOT 1 (78 MAPS 36-39), THE FOLLOWING (5) FIVE COURSES:
1) NORTH 43° 14’ 36” WEST, 39.92 FEET;
2) NORTH 06° 01’ 15” EAST, 459.27 FEET;
276 of 315
4850-0447-4620.8
178473.00360/7-1-22
OAK #4862-3608-5290 v1

EXHIBIT A
-2-
3) NORTH 32° 34’ 46” EAST, 168.57 FEET;
4) NORTH 48° 24’ 08” EAST, 303.35 FEET;
5) NORTH 57° 13’ 02” EAST, 47.86 FEET TO THE POINT OF BEGINNING.

PARCEL B:

PARCEL “B” AS SHOWN ON LOT LINE OF ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 01, 2008 AS INSTRUMENT NO. 2008- 110098 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PORTION OF BLOCK 5 OF LOT 1, AS SHOWN ON THE MAP ENTITLED “BAYHILL CENTER,” FILED OCTOBER 11, 1972 INBOOK 78 OF MAPS AT PAGES 36 THROUGH 39, SAN MATEO COUNTY RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 5, SAID

POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF CHERRY AVENUE;
THENCE ALONG THE EXTERIOR LINES OF BLOCK 5 THE FOLLOWING (7) SEVEN COURSES:
1) SOUTH 24° 38’ 44” EAST, 617.61 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET;
2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00’ 00”, AN ARC DISTANCE OF 31.42 FEET;
3) SOUTH 65° 21’ 16” WEST, 283.84 FEET;
4) SOUTH 65° 58’ 57” WEST, 369.45 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 28.00 FEET;
5) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 108° 06’ 06”, AN ARC DISTANCE OF 52.83 FEET;
6) NORTH 05° 54’ 57” WEST, 34.42 FEET;
7) SOUTH 84° 05’ 03” WEST, 22.50 FEET;
THENCE LEAVING SAID EXTERIOR LINE NORTH 05° 54’ 57” WEST, 82.14 FEET; THENCE NORTH 65° 21’ 16” EAST, 398.19 FEET; THENCE NORTH 24° 38’ 44” WEST, 438.18 FEET TO A POINT ON THE NORTHERLY LINE OF SAID BLOCK 5; THENCE ALONG SAID NORTHERLY LINE, NORTH 57° 13’ 02” EAST, 288.07 FEET TO THE POINT OF BEGINNING.

APN: 020-012-160 (Affects Parcel A) and 020-012-170 (Affects Parcel B) JPN: 020-001-012-013A and 020-001-012-011A
277 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT B
-1-

EXHIBITB
Stormwater Control Plan
278 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT B
-2-
279 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT B
-3-
280 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT B
-4-
281 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT B
-5-
282 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-1-

EXHIBITC
Inspection and Maintenance Checklist
283 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-2-
284 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-3-
285 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-4-
286 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-5-
287 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-6-
288 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-7-
289 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-8-
290 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-9-
291 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-10-
292 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-11-
293 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-12-
294 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-13-
295 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-14-
296 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-15-
297 of 315
4811-2382-6426.4
178473.00401/7-20-22/dhb/klt
OAK #4862-3608-5290 v1

EXHIBIT C
-16-
298 of 315
RESOLUTION NO. 2022 - ___
RESOLUTION APPROVING VARIOUS CURB MARKING:
RED, WHITE AND BLUE CURB STRIPING ON BAYHILL CIRCLE
WHEREAS, pursuant to Title VII, Section 7.08.040, the Traffic Safety and Parking Committee (TSPC) is tasked with reviewing and recommending to the City Council areas in which parking is prohibited or restricted on streets within the public right of way; and WHEREAS, pursuant to Title VII, Section 7.08.050, of the San Bruno Municipal Code, any action of the City Council following a recommendation from the Department of Public Works and the Traffic Safety and Parking Committee (TSPC) shall be taken by resolution; and WHEREAS, pursuant to Title VII, Section 7.12.030 of the San Bruno Municipal Code grants the City Traffic Engineer the duty and responsibility for placing and maintaining traffic control devices he or she deems necessary to guide or warn traffic based on engineering principles and investigations; and
WHEREAS, painting red, white and blue curb striping on Bayhill Circle would improve traffic circulations, pedestrian safety and fire access; and WHEREAS, the Traffic Safety and Parking Committee reviewed and concurred with the proposed curb striping at the location mentioned above.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts a resolution approving the following:

1. On the north side of Bayhill Circle, fifteen feet (15’) of red curb striping starting from the beginning of curb return in advance of marked midblock crosswalk westward to the end of curb return (edge of ADA curb ramp); twenty feet (20’) of red curb from the edge of curb ramp to the edge of driveway; sixty feet (60’) of red curb from the westerly edge of driveway to the middle of curb return of passenger loading duck out; forty feet (40’) of white curb from the middle of curb return duck out to the edge of ADA passenger loading parking space; thirty feet (30’) of blue curb for ADA passenger loading parking space; forty five feet (45’) of red curb to the edge of driveway; as shown on Attachment 6 to the Council Report;

2. On the south side of Bayhill Circle, fifteen feet (15’) of red curb striping starting from the beginning of curb return in advance of marked midblock crosswalk westward to the edge of ADA curb ramp; sixty feet (60’) of red curb from the edge of ADA curb ramp to the edge of driveway; twenty feet (20’) of red curb from the edge of driveway to the beginning of the private access road shown on Attachment 6 to the Council Report.

Dated: July 7, 2022
Attachment 5
299 of 315
2 ATTEST:

Vicky Hasha
Deputy City Clerk
I, Vicky Hasha, Deputy 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 26th day of July 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:
300 of 315
 
301 of 315

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
2 8
7 DATE:July 26, 2022
To:Honorable Mayor and Councilmembers
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Ryan Johansen, Chief of Police
SUBJECT:Adopt Resolution Authorizing the Reclassification of a Budgeted Police Officer Position to a Police Corporal Position and Approve the Transfer of $9,456 From Account #001-2010-5105 to Regular Salary #001-2010-5101 and Related Benefit Accounts to Fund the Reclassification

BACKGROUND
The Police Department is attempting to address ever-expanding training requirements and needs. Accomplishing this, while properly staffing patrol to respond to the public safety needs of our city is incredibly challenging. This challenge is made more difficult by the current scheduling structure of patrol. The current patrol schedule allows absolutely no time for essential training during regular work hours. All training must be completed on overtime, creating a substantial expense, and negatively impacting both quality of life, and quality of training for the officers.

The Police Department endeavors to switch to an alternative patrol schedule, which is commonly referred to as the Hybrid Schedule. This schedule includes built in time to complete most mandated annual training during regular working hours as opposed to on overtime. The Police Department has used this scheduling format in the past with great success, and it is the preferred schedule of staff.

Properly staffing the Hybrid Schedule requires one additional Police Corporal beyond what is currently budgeted for the Police Department. The Police Department is aware of the financial challenges of the City, so it is not requesting the addition of a new position to accomplish this. Instead, the Police Department would like to convert a currently budgeted Police Officer position, to a Police Corporal position, in order to facilitate this change.
302 of 315
Honorable Mayor and Members of the City Council
July 26, 2022

Page 2 of 4 ends

San Bruno City CouncilJuly 26, 2022

San Bruno City Council
July 26, 2022