Agenda packet, regular meeting — San Bruno City Council, September 27, 2022

"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 REGULAR MEETING
September 27, 2022
7:00 PM
Zoom Meeting Details
https://sanbrunocagov.zoom.us/j/87296557875?
pwd=MS92Z1NoYnBUVURTcGtTdzNMWkxCZz09
Webinar or Meeting ID: 87296557875
Webinar or Meeting Password: 746425
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. Be where the action is and get involved! Apply to serve on the Citizen’s Crime Prevention Committee or one of several Citizen Advisory Commissions, Boards and Committees. You can apply at any time, but current applications will be reviewed on Friday, September 30, 2022. Apply online at sanbruno.ca.gov or contact the City Clerk’s Office at (650) 6167061.
b. Recology and San Bruno have partnered to offer a Community CleanUp (Drop Off) event scheduled for Saturday, October 8, 2022 from 8:00 a.m. to 11:00 a.m. This event will be held at 975 Sneath Lane, and participants will have an opportunity to unload up to 3 cubic yards of waste, including:
• Bulky items
• Ewaste
• Appliances
• Latex paint (other paint and chemicals will not be accepted, call to schedule an appointment (650) 3726200)
• No dirt, rock, or concrete
For questions, please contact Recology San Bruno at (650) 5838536.

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 August 29, 2022, September 6, 2022, and September 12, 2022
b. Accept Payroll for September 11, 2022
c. Receive Written Update on the City’s Response Efforts to COVID19 d. Adopt Resolution Authorizing the City Manager to Execute an Agreement for Consultant Services with CSG Consultants, Inc. for the Design of the 202223 Slurry Seal Project in an Amount Not to Exceed $130,785 e. Waive Second Reading and Adopt an Ordinance Amending Chapter 11.40 to Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code Establishing Floodplain Management Requirements f. Waive Second Reading and Adopt Ordinance Amending Chapter 10.23 to Title 10 (Recycling and Diversion of Debris From Construction and Demolition) of the San Bruno Municipal Code Establishing Diversion Requirements g. Waive the Second Reading and Adopt an Ordinance of the City of San Bruno Approving the First Amendment to a Development Agreement Between the City of San Bruno and Williams Portfolio 16 for the Construction of the Mills Park Center Residential and Commercial Development at 601799 El Camino Real and the Adjacent Site at 601611 El Camino Real. CEQA Determination: It Has Been Determined That the Proposed Amendments Are Within the Scope of the Prior Project CEQA Documentation and Exempt From CEQA Pursuant to Sections 15168 (Program EIR), 15162 (Subsequent EIRs and Negative Declarations) and 15183 (Projects Consistent With a Community Plan or Zoning) and Section 15061(B)(3) Because It Can Be Seen With Certainty That the Extension of the Term of the Agreement and Other Deadlines in the Agreement Have No Possibility of Having a Significant Effect on the Environment
h. 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
i. Adopt Resolution Authorizing the City Manager to Execute Agreements With Airbnb and HomeAway for Payment of Transient Occupancy Tax

7. PUBLIC HEARING(S)
a. Hold Public Hearing and Introduce, Read by Title Only, and Waive Further Reading of the Following Ordinances of the City of San Bruno:
• An Ordinance of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code by Adding Chapter 12.300 to Authorize Commercial Cannabis Retailers (Storefront Sales) in the Transit Corridors Plan Area CBD, MXR, TOD1, TOD2, and PD Zones and in the PD Zones for the Shops at Tanforan, and Cannabis Distribution Facilities in the M1 Zone, and Making a Finding of Exemption Under CEQA
• An Ordinance of the City of San Bruno Amending Title 3 (Revenue and Finance) of the Municipal Code to Lower the Tax Imposed on Cannabis Businesses, Amending Title 4 (Licenses and Regulations) to Add a New Chapter Pertaining to Commercial Cannabis Operators Permits, and Amending Title 6 (Public Peace, Morals and Welfare) to Eliminate the Prohibition on Commercial Cannabis Activity in the City, and Making a Finding of Exemption Under CEQA

8. COMMENTS FROM COUNCIL MEMBERS

9. ADJOURNMENT – The next Regular City Council Meeting will be held on October 11, 2022 at 7:00 p.m.

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1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

8. COMMENTS FROM COUNCIL MEMBERS

9. ADJOURNMENT – The next Regular City Council Meeting will be held on October 11, 2022 at 7:00 p.m.

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1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

8. COMMENTS FROM COUNCIL MEMBERS

9. ADJOURNMENT – The next Regular City Council Meeting will be held on October 11, 2022 at 7:00 p.m.

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1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

8. COMMENTS FROM COUNCIL MEMBERS

9. ADJOURNMENT – The next Regular City Council Meeting will be held on October 11, 2022 at 7:00 p.m.

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City Council Agenda ItemStaff Report CITY OF SAN BRUNO DATE: September 27, 2022 TO: Honorable Mayor and Members of the City Council FROM: Jovan D. Grogan, City Manager PREPARED BY: Anh Tran, Management Analyst II SUBJECT: Payroll Acceptance City Council acceptance of the City payroll distributed September 16, 2022 is recommended. The Labor Summary report reflecting the total payroll amount of $1,907,356.90 for bi-weekly pay period ending September 11, 2022 by fund is shown below: Fund Amount Fund: 001 - GENERAL FUND 1,370,685.72 Fund: 006 - AMERICAN RESCUE PLAN ACT 68,856.36 Fund: 121 - FEDERAL/STATE GRANTS 856.06 Fund: 122 - SOLID WASTE/RECYCLE 244.49 Fund: 132 - AGENCY ON AGING 1,379.11 Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 4,308.01 Fund: 201 - PARKS AND FACILITIES CAPITAL 267.22 Fund: 203 - STREET IMPROVE. PROJECTS 7,862.56 Fund: 611 - WATER FUND 101,592.73 Fund: 621 - STORMWATER FUND 32,018.32 Fund: 631 - WASTEWATER FUND 105,013.24 Fund: 641 - CITYNET SERVICES FUND 105,359.86 Fund: 701 - CENTRAL GARAGE 16,733.75 Fund: 702 - FACILITY MAINT.FUND 46,412.42 Fund: 707 - TECHNOLOGY DEVELOPMENT 35,633.61 Fund: 711 - SELF INSURANCE 10,133.44 Total: 1,907,356.90 _________________________________ Bobby Magee, Interim Finance Director Date

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:September 27, 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 Sept. 20, 2022, there are a total of 407 cases within the last 30 days in the City of San Bruno. There are approximately

94.3% of San Bruno residents are vaccinated as of Sept. 19, 2022. Additional statistics are attached to this report.

The San Bruno Emergency Operations Center (EOC) continues to review City services and modifications. There are no operational modifications to report to the City Council.

Residents that are interested in the COVID-19 bivalent boosters, which are effective against both the original strain of the virus and the Omicron variants, should visit myturn.ca.gov to find the closest clinic. Some clinics may require an appointment.

Eligibility for Updated Boosters (source: https://www.smchealth.org/coronavirus) •Moderna Bivalent Booster is authorized and recommended for those 18 years and older. •Pfizer Bivalent Booster is authorized and recommended for those 12 years and older. •People cannot get a bivalent booster without first completing at least a primary series. •The bivalent booster recommendation replaces previous booster recommendations for people 12 years and older.

Boosters should be administered at least 2 months after completion of the primary series or the most recent booster dose of the original COVID-19 vaccine.

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.

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

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: 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

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Source: https://www.smchealth.org/data-dashboards
(Dashboard screen shots taken on 9/20/2022 @ 9:00 p.m.) ATTACHMENT 1

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Source: https://www.smchealth.org/data-dashboards
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Source: https://www.smchealth.org/data-dashboards
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:September 27, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Matthew Lee, Director
SUBJECT: Adopt Resolution Authorizing the City Manager to Execute an Agreement for Consultant Services with CSG Consultants, Inc. for the Design of the 2022-23 Slurry Seal Project in an Amount Not to Exceed $130,785 BACKGROUND: The City’s Capital Improvement Program (CIP) includes the Pavement Management Program (PMP) to repair and apply preventative maintenance treatment to local, collector, and arterial streets. Street condition is measured in terms of the pavement condition index (PCI) from a numerical range between 0 and 100. A rating of 0 represents a failed street and a rating of 100 represents a newly paved street. The City’s current average PCI is 62 for the approximately 89 center miles of streets maintained by the City.

Similar to other cities throughout the Bay Area, the City utilizes the Metropolitan Transportation Commission’s (MTC’s) Streetsaver program to serve as a database for tracking the condition of the City’s streets and to recommend streets to be selected for treatment. Streetsaver analyzes the pavement lifecycle of each individual street segment in order to select the appropriate treatment to apply. Treatments vary from applying preventative maintenance on streets in good condition to full reconstruction of failed streets. Reconstruction of failed streets is the most expensive treatment and can cost ten to twenty-five times as much as applying preventative maintenance to non-failed streets. Preventative maintenance is considered the most cost-effective treatment due to this cost differential.

The 2022-23 Slurry Seal project is a preventative maintenance project that will apply a slurry seal treatment to various streets throughout the City. A slurry seal application consists of a mixture of asphaltic emulsion and fine aggregates that is spread over an existing roadway to seal the surface and protect the underlying pavement structure. Preserving and performing preventative maintenance on existing streets that are in good condition is critical in order to prevent them from prematurely failing.

DISCUSSION: In August 2022, the City issued a Request for Proposals for professional engineering design services for the 2022-23 Slurry Seal Project. Staff conducted an evaluation on the three proposals received based on the following criteria:
 Proposed Work Plan and Approach.
 Familiarity with policies and procedures related to the work effort.

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0  Project staff with current registration as a Professional Civil Engineer in the State of California
 Quality and completeness.
 Relevance and conciseness.
 Qualification relating to design of pavement maintenance projects.  Qualifications and experience of staff.
 Completion of similar projects and references.

Based on the evaluation, staff is recommending CSG Consultants, Inc. to provide the professional engineering design for the 2022-23 Slurry Seal Project. CSG Consultants, Inc. is highly qualified, has demonstrated accurate project understanding, has substantial design experience on pavement projects and has successfully completed similar design projects for the City of Daly City, City of Millbrae, City of Santa Clara, and other public municipalities in the Bay Area.

The scope of work for the 2022-23 Slurry Seal Project includes evaluating and recommending streets for slurry seal treatment, preparing bid documents, coordinating with outside agencies, providing bid and construction support in reviewing construction submittals, responding to requests for information, attending site visits, preparing contract change orders and record drawings.

FISCAL IMPACT: The 2022-23 Slurry Seal Project is a project within the approved FY 2022-23 Capital Improvement Program. The agreement not-to-exceed amount is $130,785 and is within the current total budget of $1,495,943 available in the current fiscal year.

Total estimated cost for the project:

Design Consultant $ 130,785
Estimated Staff Management for Design $ 30,000
Estimated Construction Contract $ 1,000,000
Estimated Construction Management and Inspection $ 175,000 Contingency (15%) $ 150,000
Total Current Estimate: $ 1,485,785
ENVIRONMENTAL IMPACT: This project falls within the Categorical Exemption set forth in CEQA Guidelines, Section 15301(c), which exempts the repair and maintenance of existing streets, sidewalks, gutters, bicycle and pedestrian trials, and similar facilities.

RECOMMENDATION: Adopt resolution authorizing the City Manager to execute an Agreement for Consultant Services with CSG Consultants, Inc. for the design of the 2022-23 Slurry Seal Project in an amount not to exceed $130,785.

ALTERNATIVES:

1. Do not adopt resolution authorizing execution of agreement, and request staff to issue a new request for proposals.

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0 ATTACHMENTS:

1.Resolution

2.CIP Budget

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6 RESOLUTION NO. 2022- ____

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSULTANT SERVICES WITH CSG CONSULTANTS, INC. FOR THE DESIGN OF THE 2022-23 SLURRY SEAL PROJECT IN AN AMOUNT NOT TO EXCEED $130,785.

WHEREAS, the City’s Capital Improvement Program includes the 2022-23 Slurry Seal Project to apply preventative maintenance treatment to local, collector, and arterial streets; and
WHEREAS, the completion of the 2022-23 Slurry Seal Project will apply a slurry seal treatment to the surface and protect underlying pavement structure; and WHEREAS, the City advertised a Request for Proposal for design services and received (3) proposals on August 26, 2022; and
WHEREAS, CSG Consultants Inc., submitted a proposal in the amount of $130,785 and was determined to be highly qualified, has demonstrated accurate project understanding, has substantial design experience on pavement projects and has successfully completed similar design projects for the City of Daly City, City of Millbrae, City of Santa Clara, and other public municipalities in the Bay Area; and WHEREAS, the 2022-23 Slurry Seal Project is an approved project within the adopted FY 2022-23 Capital Improvement Budget for the Pavement Management Program and sufficient funds are available to fund the agreement.

NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council hereby authorizes the City Manager to execute an Agreement for Consultant Services with CSG Consultants, Inc. for the design of the 2022-23 Slurry Seal Project in an amount not to exceed $130,785.

Dated: September 27, 2022
ATTEST:

Vicky Hasha, Deputy City Clerk
-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 27th day of September 2022 by the following vote:

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6 AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

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CIP BUDGET

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City Council Agenda Item
Staff Report

11.40 to Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code Establishing Floodplain Management Requirements
BACKGROUND: On March 8, 2022, staff presented recommended amendments to the City’s Floodplain Management Requirements Ordinance to City Council at a Study Session. City Council provided direction to staff on the amendments to bring the City’s current regulations in compliance with FEMA requirements and best practices. Since the Study Session, staff worked with FEMA to finalize the amendments to meet FEMA’s requirements.

On September 13, 2022, the City Council waived the first reading and introduced an Ordinance amending Chapter 11.40 to Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code establishing Floodplain Management Requirements Ordinance.

The purpose of this consent item is to serve as a second reading and action for adoption of the ordinance. No changes have been made to this ordinance since its introduction. The ordinance is presented as Attachment 1.

DISCUSSION: As presented on September 13, 2022, FEMA requires the City to adopt a comprehensive Floodplain Management Ordinance that meets the minimum National Flood Insurance Program (NFIP) criteria, which generally consist of an overall community program to the public health, safety, and general welfare through required preventive measures to minimize future public and private losses due to flood conditions. FEMA reviewed the original ordinance adopted by the City Council on March 12, 2019 and provided the City a list of recommended minor modifications. These modifications are based on the California Noncoastal Model Ordinance updates. They are required to meet the minimum NFIP requirements. There are no updates to the Flood Insurance Rate Maps, which were effective on April 5, 2019. FEMA requested that the City amend the ordinance to include a few key items that are not currently in the ordinance:
•Add language to require drainage paths around structures on slopes to guide water away from structures in Zone AH;
•Add language to require that manufactured homes to be placed or substantially; and, improved in an existing manufactured home park or subdivision within Zone AH and AE •Add additional clarifying definitions.

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Honorable Mayor and Members of the City Council
September 27, 2022

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3 Should the Council waive the second reading and adopt the ordinance, the ordinance would go into effect 30 days after the second reading. After adoption, the City will submit the Ordinance to the FEMA Regional Office for final review and approval.

FISCAL IMPACT: There is no fiscal impact from the adoption of the ordinance.

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: Waive Second Reading and Adopt an Ordinance Amending Chapter

11.40 to Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code Establishing Floodplain Management Requirements
ALTERNATIVES: Direct staff to make modifications to the Ordinance; substantive modifications will require re-introduction at a subsequent meeting.

ATTACHMENTS: 1. Floodplain Management Requirements Ordinance

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8 ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING CHAPTER 11.40 (FLOODPLAIN MANAGEMENT) OF TITLE 11 (BUILDINGS, CONSTRUCTION AND FIRE PROTECTION) OF THE CITY OF SAN

BRUNO MUNICIPAL CODE ESTABLISHING FLOODPLAIN MANAGEMENT

REQUIREMENTS
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. FINDINGS.

WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the flood hazard AE Zone areas identified in San Bruno are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare; and
WHEREAS, these potential flood losses are caused by uses that are inadequately elevated, flood proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses; and
WHEREAS, the City of San Bruno was accepted for participation in the National Flood Insurance Program on March 30, 1981 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, the City of San Bruno is required, pursuant to Government Code Sections 65302, 65560, and 65800 to administer and enforce the State building codes, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in AE Zone flood hazard areas; and
WHEREAS, the Chief Building Official is designated the Floodplain Administrator; and WHEREAS, the Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code; and WHEREAS, the Floodplain Management ordinance was adopted on April 11, 2019, and upon further review from Federal Emergency Management Agency (FEMA), the City of San Bruno was advised to include Zones AH to align with regulations.

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SECTION 2. REGULATION.

San Bruno Municipal Code Chapter 11.40 (Floodplain Management Requirements) is amended as shown in underline for additions and strikethrough for deletions, as follows:

11.40.050 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
"A zone" - see "Special flood hazard area".
“Accessory structure” means a structure that is either:

1. Solely for the parking of no more than two vehicles; or

2. A small shed designed and utilized for storage, less than 150 square feet and $1,500 in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance.
"Appeals Board" means the Floodplain Management Regulations Appeals Board who reviews an Appeal of the provisions of this Ordinance. This Board consists of the Public Services Director, Community and Economic Development Director, and the Community Services Director.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" - See "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this ordinance.
“Base flood elevation” (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides.

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"Building" - see "Structure".
“City” means the City of San Bruno, including its elected and appointed officials and employees charged with duties and responsibilities pursuant to this ordinance. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this Ordinance April 11, 2019. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood, flooding, or flood water" means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source - see "Flooding."
"Floodplain Administrator" is the community official (Chief Building Official) designated by title to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and

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preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway."
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Section 11.40.090 of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs and risks that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e. county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
"Hardship" as related to Section 11.40.090 of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The variance shall be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations,

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physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition).

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable non- elevation design requirements, including, but not limited to:
a. The flood openings standard in Section 11.40.080(A)(3)(C); b. The anchoring standards in Section 11.40.080(A)(1);
c. The construction materials and methods standards in Section 11.40.080(A)(2); and d. The standards for utilities in Section 11.40.080(B).

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

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"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value” is defined in the City of San Bruno substantial damage/improvement procedures. See Section 11.40.070(B)(2)(a).
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after April 11, 2019, the effective date of this Ordinance and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after April 11, 2019the effective date of this Ordinance.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
"One-hundred-year flood" or "100-year flood" - see "Base flood." “Program deficiency” means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.
"Public safety and nuisance" as related to Section 11.40.090 of this ordinance, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent

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land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. “Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
“Special flood hazard area (SFHA)” means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.
"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement.

This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living

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conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. “Violation” means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

11.40.080 Provisions for Flood Hazard Reduction
A. Standards of Construction. In all areas of special flood hazards the following standards are required:

1. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:
a. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
b. Using methods and practices that minimize flood damage; and c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. Within Zones AH, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

3. Elevation and Floodproofing.
a. Residential Construction. All new construction or substantial improvements of residential structures in AE Zones shall have the lowest floor, including basement:
elevated to or above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall

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be provided to the Floodplain Administrator.
a. Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform to Section

11.40.080(A)(3)(a) or:
i. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 11.40.080(A)(3)(a), so that the structure is watertight with walls substantially impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
iii. Be certified by a registered civil engineer or architect that the standards of Section 11.40.080(A)(3)(b)(i) and 11.40.080(A)(3)(b)(ii) are satisfied. Such certification shall be provided to the Floodplain Administrator. b. Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:
i. For non-engineered openings:

1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2. The bottom of all openings shall be no higher than one foot above grade;

3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and

4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or
ii. Be certified by a registered civil engineer or architect. c. Manufactured Homes. See Section 11.40.080(D).
d. Garages and Low Cost Accessory Structures
i. Attached garages.

1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 11.40.080(A)(3)(c).

Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 11.40.080(A)(2).

2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below

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grade parking areas, see FEMA Technical Bulletin TB-6.
ii. Detached garages and accessory structures.

1. “Accessory structures” used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 11.40.050, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a. Use of the accessory structure must be limited to parking or limited storage;
b. The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
c. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
d. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
e. The accessory structure must comply with floodplain
encroachment provisions in Section 11.40.080(F); and
f. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section

11.40.080(A)(3)(c).

2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 11.40.080(A).
e. Crawlspace Construction. This sub-section applies to buildings with crawl spaces up to 2 feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements. i. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

Crawl space construction is not allowed in areas with flood velocities greater than 5 feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer;
ii. The crawl space is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93;
iii. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE; and
iv. Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the

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system components during flood conditions.
v. Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:

1. The interior grade of a crawl space below the BFE must not be more than 2 feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical Bulletin 11-01;

2. The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed 4 feet (shown as L in figure 3 of Technical Bulletin 11-01) at any point;

3. There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 hours; and

4. The velocity of floodwaters at the site should not exceed 5 feet per second for any crawl space. For velocities in excess of 5 feet per second, other foundation types should be used.

B. Standards for Utilities

1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
a. Infiltration of flood waters into the systems; and
b. Discharge from the systems into flood waters.

2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

C. Standards for Subdivisions and Other Proposed Development.

1. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall:
a. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE). b. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
c. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
i. Lowest floor elevation.
ii. Pad elevation.
iii. Lowest adjacent grade.

2. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

3. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

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4. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

D. Standards for Manufactured Homes

1. All manufactured homes that are placed or substantially improved, on sites located:
(1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:
a. Within Zone AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zone AH and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 11.40.080(D)(1) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
a. Lowest floor of the manufactured home is at or above the base flood elevation; or b. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated.

Such certification and verification shall be provided to the Floodplain Administrator.

E. Standards for Recreational Vehicles. All recreational vehicles placed in Zone AE shall either:

1. Be on the site for fewer than 180 consecutive days; or

2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

3. Meet the permit requirements of Section 11.40.43 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 11.40.54.A.

F. Floodways. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zone AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of San Bruno.

2. Within an adopted regulatory floodway, the City of San Bruno shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided

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demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

3. If Sections 11.40.080(F)(1) and (2) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 11.40.080.

SECTION 3. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the city or outside of the city, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 4. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

SECTION 5. CEQA EXEMPTION. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project that has the potential for causing a significant effect on the environment. The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from and after the date of its adoption.

SECTION 7. PUBLICATION. The City Clerk is directed to cause publication of this Ordinance as required by law.
--oOo--
INTRODUCED on the ______ day of _______________, 2022, and PASSED AND ADOPTED by the City Council of the City of San Bruno on this ______ day of _______________, 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

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ABSENT: Councilmembers:
_____________________________________
Rico E. Medina
Mayor of the City of San Bruno
ATTEST:

Vicky Hasha, Deputy City Clerk

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:September 27, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Darcy Smith, Assistant City Manager
SUBJECT: Waive Second Reading and Adopt Ordinance Amending Chapter 10.23 to Title 10 (Recycling and Diversion of Debris From Construction and Demolition) of the San Bruno Municipal Code Establishing Diversion Requirements
BACKGROUND: On March 8, 2022, Staff conducted a Sustainability Work Plan study session.

The City Council was informed of the modifications needed to the City’s Recycling and Diversion of Debris from Construction and Demolition Ordinance to bring it into compliance with State. Since the study session, staff has prepared an amendment to adhere to Section 4.408.1 (Construction Waste Management) of the 2022 California Green Building Standards Code.

On September 13, 2022 the City Council waived the first reading and introduced an Ordinance amending Chapter 10.23 to Title 10 (Recycling and Diversion of Debris from Construction and Demolition) of the San Bruno Municipal Code Establishing Diversion Requirements.

The purpose of this consent item is to serve as a second reading and action for adoption of the ordinance. No changes have been made to this Ordinance since its introduction. The ordinance is presented as Attachment 1.

DISCUSSION: As presented on September 13, 2022, the California Green Building Standards Code allows for either a 65% diversion requirement or the local requirements, whichever are more stringent. The California Green Building Standards Code’s waste diversion requirement applies to projects that require a construction or building permit from a local agency. It also applies to residential additions and alteration of existing buildings where the building's conditioned area, volume, or size increases. The current Recycling and Diversion of Debris from Construction and Demolition Ordinance adopted by the City requires at least 50% of construction and demolition debris to be recycled for existing buildings and at least 65% of the construction and demolition debris to be recycled for new buildings. The State Code applies the 65% diversion requirements for both new and existing buildings.

The ordinance will comply with the latest State regulations. The ordinance would require 65% diversion of all construction and demolition debris from the landfill be recycled material. This increase will likely have a minimal impact on construction projects, as many projects are already achieving these targets.

Should the Council waive the second reading and adopt the ordinance, the ordinance would go

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Honorable Mayor and Members of the City Council
September 27, 2022

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3 3
4 into effect 30 days after the second reading. After adoption, the City will submit an RFP to procure an automated program for building permit applicants to implement waste tracking.

FISCAL IMPACT: There is no fiscal impact from the adoption of the ordinance.

RECOMMENDATION: Waive Second Reading and Adopt Ordinance Amending Chapter 10.23 to Title 10 (Recycling and Diversion of Debris From Construction and Demolition) of the San Bruno Municipal Code Establishing Diversion Requirements.

ALTERNATIVES: Direct staff to make modifications to the ordinance; substantive modifications will require re-introduction at a subsequent meeting.

ATTACHMENTS: 1. Recycling and Diversion of Debris from Construction and Demolition Ordinance

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ORDINANCE NO. ____________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BRUNO AMENDING CHAPTER 10.23 (RECYCLING AND

DIVERSION OF DEBRIS FROM CONSTRUCTION AND

DEMOLITION) OF THE CITY OF SAN BRUNO MUNICIPAL CODE

ESTABLISHING DIVERSION REQUIREMENTS
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1.Chapter 10.23(Recycling and Diversion of Debris from Construction and Demolition) of Title 10 (Municipal Services) of the San Bruno Municipal Code is hereby amended to adhere to Section 4.408.1 (Construction Waste Management) of the 2022 California Green Building Standards Code.

SECTION 2. FINDINGS.

WHEREAS, a study of nearby jurisdictions has determined that most nearby cities have updated their minimum diversion rate to adhere to Section 4.408.1 (Construction Waste Management) of the 2022 California Green Building Standards Code requirements for a 65 percent minimum diversion rate.

WHEREAS, it is in the public interest for the City to establish consistent and detailed standards for minimum diversion rates to ensure the safety and general welfare, proper appearance, and the quality of the city’s neighborhoods is preserved while ensuring that development projects such as the renovation, remodel or addition to an existing structure that increases the building’s conditioned area, volume or size results in the recycling or salvaging for reuse of materials at a minimum of 65 percent.

SECTION 3. REGULATION
San Bruno Municipal Code Chapter 10.23 (Recycling and Diversion of Debris from Construction and Demolition) is amended as shown in underline for additions and strikethrough for deletions, as follows:

10.23.030 Diversion requirements.

Notwithstanding Section 10.23.020(A), it is required that at least the following specified percentages of construction and demolition debris waste tonnage generated from every covered project shall be diverted from landfills by using recycling, reuse, salvage and other diversion programs:

A. Projects involving the complete demolition or removal of any residential or commercial building shall be required to divert fifty sixty-five percent of all generated

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AMENDMENT TO CHAPTER 12.84.030

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construction and demolition debris tonnage. When total tonnage generated from such project includes soil, concrete and/or asphalt, the total diversion rate shall remain at fifty sixty-five percent but at least twenty-five percent of diverted material shall come from generated tonnage that excludes soil, concrete and asphalt.

B. Projects involving the construction of any completely new residential or commercial building shall be required to divert fifty sixty-five percent of total generated waste tonnage.

C. Projects involving the alteration of any building, where the value of such alteration exceeds fifty thousand dollars, shall be required to divert at least fifty sixty-five percent of all generated construction and demolition debris tonnage. (Ord. 1902 § 3, 2021; Ord. 1659 § 2, 2002)

10.23.050 Compliance deposit required.

As a condition precedent to issuance of any building or demolition permit for a covered project, the applicant shall post a cash deposit in the amount of fifty dollars for each estimated ton of generated construction and demolition debris, based on calculations approved by the city. The city council shall establish the minimum deposit and maximum deposit amounts for all covered projects from time to time pursuant to resolution and until so established the minimum deposit shall be not less than one thousand dollars and the maximum deposit amount shall be not more than fifty thousand dollars. The deposit shall be returned, without interest, within a reasonable amount of time not to exceed sixty days following proof to the satisfaction of the building official that no less than the required percentages of debris generated by the project have been diverted from landfill in accordance with the provisions of this chapter. If a lesser percentage of debris is diverted than is required, a proportionate share of the deposit will be returned. The deposit shall be forfeited to the extent that there is a failure to comply with the requirements of this chapter, or if reasonable proof in conformance with this chapter is not provided within one year of the expiration of the building permit or the building permit receiving after 60 calendar days from approved final inspection. (Ord. 1902 § 3, 2021; Ord. 1759 § 2, 2008; Ord. 1659 § 2, 2002).

10.23.080 Reporting.

A. Within sixty days following the completion of a covered project for demolition (or of the demolition portion of a covered project involving both demolition and new construction), the applicant shall submit documentation to the community development department that complies with the requirements of this chapter.

B. As a condition prior to final inspection and/or to approval of final inspection on a covered project, the applicant shall submit to the community development department documentation that complies with the requirements of this chapter.

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AMENDMENT TO CHAPTER 12.84.030

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C. The documentation shall consist of a final completed report in a format provided by the city describing diversion activities and showing actual tonnage data for diverted and disposed materials, supported by originals or photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, or salvaged.

D. For covered projects with a value in excess of five hundred thousand dollars, the building official may require, in addition to the documentation specified above, interim reporting during the term of the project. Such reporting shall be used for the sole purpose of verifying that the applicant is making a good faith effort to comply with the requirements of this chapter, and shall be updated monthly.

E. Any deposit posted pursuant to the requirements of this chapter shall be forfeited if the applicant does not furnish required reports within the time reporting requirements of this section sixty (60) calendar days from approved final inspection. (Ord. 1902 § 3, 2021; Ord. 1759 § 4, 2008; Ord. 1659 § 2, 2002) F. The following materials shall be exempt from reporting and shall not be diverted or disposed of with the designated recyclable and reusable materials: Asbestos, appliances, railroad ties, telephone poles, and pressure-treated wood. Documentation of material types shall be required.

SECTION 4. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the city or outside of the city, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 5. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

SECTION 6. CEQA EXEMPTION. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) and 15378 (b)(5), that adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project that has the potential for causing a significant effect

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AMENDMENT TO CHAPTER 12.84.030

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on the environment. The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from and after the date of its adoption.

SECTION 8. PUBLICATION. The City Clerk is directed to cause publication of this Ordinance as required by law.
---oOo---
INTRODUCED on the ______ day of _______________, 2022, and PASSED AND ADOPTED by the City Council of the City of San Bruno on this ______ day of _______________, 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:
_____________________________________
Rico E. Medina
Mayor of the City of San Bruno
ATTEST:

Vicky Hasha, Deputy City Clerk

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:September 27, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Darcy Smith, Assistant City Manager
SUBJECT:Waive the Second Reading and Adopt an Ordinance of the City of San Bruno Approving the First Amendment to a Development Agreement Between the City of San Bruno and Williams Portfolio 16 for the Construction of the Mills Park Center Residential and Commercial Development at 601-799 El Camino Real and the Adjacent Site at 601- 611 El Camino Real. CEQA Determination: It Has Been Determined That the Proposed Amendments Are Within the Scope of the Prior Project CEQA Documentation and Exempt From CEQA Pursuant to Sections 15168 (Program EIR), 15162 (Subsequent EIRs and Negative Declarations) and 15183 (Projects Consistent With a Community Plan or Zoning) and Section 15061(B)(3) Because It Can Be Seen With Certainty That the Extension of the Term of the Agreement and Other Deadlines in the Agreement Have No Possibility of Having a Significant Effect on the Environment
BACKGROUND:

The City Council held a public hearing on September 13, 2022, and took action with a vote of 4- 0-1 to read by title only, and waive further reading and introduce an Ordinance Approving the First Amendment to a Development Agreement based upon the Findings for in the Ordinance including the CEQA Conformity Determination.
2020 Project Approvals
The Mills Park Center project (“Project”) consists of the demolition of all structures on the site, and the development of two (2) one to five-story, 70-foot tall, mixed-use buildings with a total of 427 residential condominiums units and approximately 7,947 square feet of ground floor commercial space with associated improvements and infrastructure. The project would result in the vacation of Camino Plaza, a portion of San Bruno Ave and Kains Avenue, and the southern portion of White Way, and the realignment of Kains Avenue, along with vacation of certain utility and access easements affected by the project. A total of 676 parking spaces are proposed with the development. The project provides one parking space for each bedroom, plus dedicated guest parking at a ratio of one space for every 10 units.

The development site measures 5.38 acres in total area (inclusive of White Way and Camino Plaza) and is bounded by San Bruno Avenue West to the north, Angus Avenue to the south, El

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Camino Real to the east, and White Way and Linden Avenue to the west. The project site is currently zoned P-D (Planned Development) to allow mixed-use buildings within close proximity to bus and rail transit as specified within the Transit Oriented District (TOD) General Plan land use designation. The General Plan land use designation was established for this property in 2009. The project site is within the Transit Corridors Specific Plan area, which was approved by the City Council in 2013.

On June 25, 2020, the City Council approved the Project (with subsequent adoption actions on July 14, 2020), which included the following actions:
•Determined that the project was exempt from the California Environmental Quality Act (CEQA) Guidelines sections 15168 (Program EIR), 15162 (Subsequent EIRs and Negative Declarations) and 15183 (Projects Consistent with a Community Plan or Zoning) as described below.
•An Ordinance Amending Section 12.96.020 of Title 12 (Land Use) of the San Bruno Municipal Code to Change the Zoning Map from the Commercial (C) to the Planned Development (P-D) District with a Development Plan;
•Planned Development Permit;
•Architectural Review Permit;
•Phased Vesting Tentative Tract Subdivision Map for Condominium Purposes that would result in lot mergers and the vacation of Camino Plaza, a portion of San Bruno Ave and Kains Avenue, and the southern portion of White Way and the realignment of Kains Avenue and vacation of certain utility and access easements; and •An Ordinance approving a Development Agreement and Affordable Housing Plan for the project. Approval of the Development Agreement included community benefits agreed to by the applicant. The most notable provision is a $10 million community benefit payment to the City’s General Fund, subject to annual CPI increases.

DISCUSSION:

The purpose of this consent item is to serve as the action for the adoption of the ordinance associated with the First Amendment to the Development Agreement which extends the overall agreement terms for an additional two years (from 10 years to 12 years) and makes other amendments to the agreement. California Government Code Section 65864, et seq., and City Resolution 1986-77 authorize the City to enter into development agreements establishing certain development rights. Development agreements can provide certainty for the city and developer, and typically address necessary public improvements required by development. In San Bruno, development agreements are common for larger projects to be built in at least two phases that require multiple years to construct.

The development agreement for the Project became effective on November 3, 2020, after all challenge periods for the project had ended. The following modifications to the agreement are included in this first amendment:
•Amend Section 2.2 (Term of the Agreement) from 10 years to 12 years. •Amend Section 2.2.1.1 (Parcel A Horizontal Permit Application Deadline) to require submittal of the complete application with 4 years instead of 2 years. This would have the effect of pushing the deadlines under Sections 2.2.1.2(Parcel A Commence Construction

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Deadline), 2.2.2.1 (Parcel B Horizontal Permit Application Deadline), and 2.2.2.2 (Parcel A Commence Construction Deadline), which are all keyed to the deadline for the Parcel A Horizontal Application Deadline. This change would also move the payment of the $1,500,000 Public Benefits payment advance by two years. •Amend Section 2.3.1.2 to extend the time for payment of public benefits by two years (i.e., the fifth anniversary goes to seventh, and sixth goes to eighth). •Amend Section 3.12.1.1 to extend the Condo Application Deadline from 2 years after the Final Approval Date to 4 years. Given that DA Section 3.2 (1) provides for extension of approvals to the end of the Term of the DA (10 years), the extension of the Condo Application Deadline for 4 years should not run afoul of the Vesting Tentative Map, which otherwise would be only for 2 years under the City’s default rules. •Amend Section 3.2 (Life of Approvals) which currently provides as follows:
“3.2 Life of Approvals. Pursuant to Government Code section 66452.6(a) and this Agreement, the life of the Project Approvals shall automatically be extended to and until the later of the following: (1) the end of the Term of this Agreement, as it may be earlier terminated pursuant to the terms set forth herein; or (2) the end of the term or life of any such Project Approval.”
To Read: “3.2. Life of Approvals. Pursuant to Government Code section 66452.6(a) and this Agreement, (a) the life of all non-legislative Project Approvals other than the Vesting Tentative Map and any subsequent amendment thereof shall automatically be extended to and until the later of the following: (1) the end of the Term of this Agreement, as it may be earlier terminated pursuant to the terms set forth herein; or (2) the end of the term or life of any such Project Approval, and (b) the life of the Vesting Tentative Map and any subsequent amendment thereof, regardless of any other statute, rule, or authority that purports to set a different term, shall automatically be extended to and until but in no event beyond the end of the Term of this Agreement, as it may be earlier terminated pursuant to the terms set forth herein.”
No changes have been made to the ordinance since introduction. Should the Council waive the second reading and adopt the ordinance at this meeting, the ordinance will be in effect 30 days after. The ordinance and exhibit A is presented in Attachment 1.

ENVIRONMENTAL CLEARANCE:

The proposed Project has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "CEQA Guidelines"). The Mills Park project is located within the Transit Corridors Plan (TCP) area. A Program Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program were prepared for the TCP, and both adopted by the City Council on February 12, 2013. The proposed project was analyzed in the TCP EIR at a programmatic level, with potential impacts identified and mitigations applied in the program EIR to avoid or reduce potentially significant impacts.

Under California Environmental Quality Act (CEQA) Guidelines sections 15168 (Program EIR), 15162 (Subsequent EIRs and Negative Declarations) and 15183 (Projects Consistent with a Community Plan or Zoning), subsequent individual projects can utilize a previously certified program EIR if all potentially significant environmental impacts of the proposed individual

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project: (1) have been previously identified (i.e., are not new) and are not substantially more severe than those identified in the previous EIR, (2) have been avoided or mitigated to the extent feasible as a result of the previous EIR, and (3) have been examined in sufficient detail in the previous EIR to enable those impacts to be avoided or mitigated by the mitigations in the EIR, site-specific project revisions, or the imposition of uniformly applicable development policies. If these conditions are met, then the City can approve the individual project as within the scope of the previous EIR, and no additional environmental document is required. An Initial Study/Environmental Checklist was prepared for the Project prior to the project approval which confirmed that the proposed project would not result in any new or substantially more severe significant environmental effects than those analyzed in the TCP EIR document. Further, the previously certified Transit Corridors Plan EIR adequately describes the proposed project for the purposes of CEQA. In accordance with CEQA Guidelines Section 15168(e), this contemplated development agreement amendment is within the scope of the Program approved earlier in the Transit Corridors Specific Plan and the previously certified program EIR adequately describes the activity for the purposes of CEQA. In addition, the amendment is exempt from CEQA pursuant to the State CEQA Guidelines Section 15061(B)(3) because it can be seen with certainty that the extension of the term of the Agreement and other deadlines in the Agreement have no possibility of having a significant effect on the environment.

NEXT STEPS
If the City Council waives the second reading of the attached ordinance, the ordinance would go into effect 30 days after the second reading.

FISCAL IMPACT
Subject to City Council approval of the amendment, the City and Developer will execute the first amendment to the development agreement that will continue to require a cash payment of $10,000,000, subject to annual CPI increases, 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. The City will also obtain other associated permit fees, property taxes, business license taxes, water and sewer capacity fees, cable account revenues, other utility connection fees and utility billing revenue associated with the Project.

ALTERNATIVES

1. Do not adopt the ordinance.

2. Direct staff to make modifications to the Ordinance; substantive modifications will require re-introduction at a subsequent meeting.

RECOMMENDATION
Read by Title Only, and Waive Further Reading and Adopt an Ordinance of the City of San Bruno Approving the First Amendment to a Development Agreement Between the City of San Bruno and Williams Portfolio 16 for the construction of the Mills Park Center residential and commercial development at 601-799 El Camino Real and the adjacent site at 601-611 El Camino Real.

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ATTACHMENTS:

1. City Council Ordinance Approving the First Amendment to a Development Agreement with Exhibit A to Ordinance: First Amendment to Development Agreement

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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF SAN BRUNO APPROVING

THE FIRST AMENDMENT TO A DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF SAN BRUNO AND WILLIAMS
PORTFOLIO 16 FOR THE CONSTRUCTION OF A RESIDENTIAL
AND COMMERCIAL DEVELOPMENT AT 601 -799 EL CAMINO
REAL AND THE ADJACE NT SITE AT 601 -611 EL CAMINO

REAL, SAN BRUNO, CALIFORNIA

The City Council of the City of San Bruno ORDAINS as follows:

Section 1. The City of San Bruno (“City”) and Williams Portfolio 16, a California corporation. (“Developer”), entered into that certain development agreement (the “Development Agreement” herein), recorded as instrument No. 2020-088980 on September 1, 2020, in connection with the construction of a mixed-use retail/residential project at the Mills Park Center, located primarily at 601 – 799 El Camino Real, and the adjacent commercial site at 601 – 611 El Camino Real (the “Project”). The property subject to the Development Agreement is described in Exhibit A and depicted in Exhibit B of the Development Agreement, and in Exhibit A of the attached First Amendment to the Development Agreement.

S ection 2. Developer has requested an amendment (the “First Amendment”) to the Development Agreement to give Developer a two-year extension to the term of the Development Agreement, from 10 years to 12 years and extension of certain deadlines established in the Development Agreement.

S ection 3. The First Amendment has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), the City Council considered the information in the Project CEQA Documentation, as defined in Recital F of the Development Agreement, previously prepared for the Project and finds the First Amendment to be within the scope of the Project CEQA Documentation and exempt from CEQA pursuant to sections 15168 (Program EIR), 15162 (Subsequent EIRs and Negative Declarations) and 15183 (Projects Consistent with a Community Plan or Zoning), and in the alternative that it is exempt from CEQA pursuant to the State CEQA Guidelines Section 15061(B)(3) because it can be seen with certainty that the extension of the term of the Agreement and other deadlines in the Agreement have no possibility of having a significant effect on the environment. No changes to the CEQA findings adopted in conjunction with the Project and the Development Agreement are made necessary by the First Amendment and the City Council finds the First Amendment to be within the scope of the prior Project CEQA Documentation and prior CEQA determinations made for the Project.

S
ection 4. On August 16, 2022, the Planning Commission conducted a duly noticed public hearing to consider the First Amendment. At the close of that hearing, the Planning Commission adopted Resolution No. 2022-10, recommending that the City Council approve the First Amendment.

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Section 5. On September 13, 2022, the City Council conducted a duly noticed public hearing to consider the First Amendment, and agreed to a two-year extension of the term of the Development Agreement, from 10 years to 12 years, and the related deadline extensions and life or approval amendments as set forth in the First Amendment to the Development Agreement.

Section 6. The City Council hereby approves the First Amendment, as set forth in Exhibit A, and authorizes the City Manager to execute the First Amendment on behalf of the City substantially in the form attached hereto as Exhibit A, subject to minor conforming and technical revisions approved by the City Manager and the City Attorney.

S ection 7. No later than ten (10) days after the effective date of this Ordinance, the City Clerk shall record with the County Recorder a copy of the First Amendment.

S ection 8. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage, in accordance with Section 36933 of the Government Code; shall certify to the adoption of this Ordinance and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

S
ection 9. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Exhibit A: First Amendment to the Development Agreement

Rico E. Medina, Mayor
ATTEST:

______________________________
Vicky Hasha, Deputy City Clerk

A PPROVED AS TO FORM:

_______________________________
City Attorney

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---o0o---

I hereby certify that the foregoing Ordinance No.
________ was introduced on ____________, 2022,
and adopted at a regular meeting of the San Bruno
City Council on ____________, 2022, by the
following vote:

AYES: COUNCILMEMBERS:________________________________

NOES: COUNCILMEMBERS:________________________________

RECUSED: COUNCILMEMBERS:________________________________

ABSENT: COUNCILMEMBERS:________________________________

Vicky S. Hasha, Deputy City Clerk

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REQUESTED BY

AND WHEN RECORDED
MAIL TO:

City Clerk
City of San Bruno
Attn: City Attorney’s Office
567 El Camino Real
San Bruno, CA 94066

______________________________________________________________________ Space Above This Line for Recorder's Use
Recording Fee: Exempt pursuant to
California Govt. Code
Section 27383

FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF SAN BRUNO
AND
WILLIAMS PORTFOLIO 16 RELATING TO THE MILLS PARK

PROJECT

Amendment of Portions of Sections 2 and 3 of the Development Agreement

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FIRST AMENDMENT TO DEVELOPMENT AGREEMENT

This First Amendment to the Development Agreement (this “Amendment”) is entered into as of the ________ day of ________________, 2022, by and between the CITY OF SAN BRUNO, a municipal corporation (the “City”), and WILLIAMS PORTFOLIO 16, a California corporation, (the “Developer”), and is an amendment to the Development Agreement between the City and Developer, dated for reference purposes as July 14, 2020, and effective as of August 13, 2020.

R E C I T A L S

A. Pursuant to California Government Code Sections 65864-65869.5, the City and the Developer entered into a Development Agreement (the “Agreement”), dated for reference purposes as July 14, 2020, and effective as of August 13, 2020, to provide greater certainty and predictability in relations between the City and the Developer with respect to a development project (the “Project” as defined in the Agreement) on the property located primarily at 601 – 799 El Camino Real, and the adjacent commercial site at 601 – 611 El Camino Real, San Bruno, California, as more fully described in Exhibit A, attached hereto, and incorporated herein by reference. The Agreement was recorded as Instrument No. 2020-088980 on September 1, 2020 in the Office of the San Mateo County Recorder.

B. The parties now desire to amend the term of the Agreement from ten (10) years to twelve (12) years, extend certain deadlines established in the Agreement, and make certain other modifications as more particularly set forth in this Amendment.

C. On August 16, 2022, following a duly noticed public hearing, the Planning Commission adopted Resolution No. 2022-10, recommending that the City Council approve this First Amendment.

D. At a duly noticed public hearing on September 13, 2022, the City Council considered the information in the Project CEQA Documentation, as defined in Recital F of the Agreement, previously prepared for the Project and found the First Amendment to be within the scope of the Project CEQA Documentation, and in the alternative that it is exempt from CEQA pursuant to the State CEQA Guidelines Section 15061(B)(3) because it can be seen with certainty that the extension of the term of the Agreement and other deadlines in the Agreement have no possibility of having a significant effect on the environment, and approved this First Amendment.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:

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1. This First Amendment shall be effective when City Ordinance No. _________ that approves this First Amendment becomes effective.

2. Section 2.2 of the Agreement is hereby amended to read as follows:

"2.2 Term of Agreement. Subject to the following qualifications, the "Term " of this Agreement shall be twelve (12) years, commencing on the Final Approval Date and expiring on the twelfth (12th) anniversary of the Final Approval Date, unless earlier terminated or extended in accordance with the provisions of this Agreement. Promptly following City and Developer's mutual determination of the Final Approval Date, the Parties shall enter into a written letter agreement setting forth the Final Approval Date and the expiration date of this Agreement. The Parties agree that while the Term will not commence until the Final Approval Date, this Agreement shall be effective as of the Effective Date and all of the rights granted to Developer under this Agreement shall be effective as of the Effective Date. Developer acknowledges and agrees that the following interim scheduling requirements reflect City's desire for timely development of the Project and timely receipt of the Public Benefit Payment. Nothing in the following interim requirements and payment options shall serve to extend the Term, including but not limited to extensions of payment or performance deadlines that may occur pursuant to this Section 2.2 or Section 2.3.”

3. Section 2.2.1.1 of the Agreement is hereby amended to read as follows:

“2.2.1.1 Parcel A Horizontal Permit Application Deadline. Developer shall submit a Complete Application for a Horizontal Permit for Parcel A within four (4) years of the Final Approval Date (and the date of submission of the Complete Application shall be deemed the date the qualifying application is submitted to City and not the date that City determines or otherwise acknowledges that the application is a Complete Application), or this Agreement may be terminated by City in its sole discretion by notice to Developer; provided, Developer may e xtend the deadline for such Horizontal Permit application once by one (1) year by paying City One Million Five Hundred Thousand Dollars ($1,500,000) as an advance on the Public Benefit Payment.”

4. Section 2.3.1.2 of the Agreement is hereby amended to read as follows:
“2.3.1.2 Notwithstanding the scheduling provisions in Section 2.2, the Public Benefit Payment plus any CPI adjustment shall be paid in full on or before after the seventh (7th) anniversary of the Effective Date to maintain this Agreement in effect for the remainder of the Term; provided, Developer may extend the deadline for payment in full of the Public Benefit Payment plus any CPI adjustment until on or before the eighth (8th) anniversary of the Effective Date so long as Developer previously paid at least Six Million Dollars ($6,000,000) of the Public Benefit Payment on or before the seventh (7th) anniversary of the Effective Date.”

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5. Section 3.2 of the Agreement is hereby amended to read as follows:
“3.2. Life of Approvals. Pursuant to Government Code section 66452.6(a) and this Agreement, (a) the life of all non-legislative Project Approvals other than the Vesting Tentative Map and any subsequent amendment thereof shall automatically be extended to and until the later of the following: (1) the end of the Term of this Agreement, as it may be earlier terminated pursuant to the terms set forth herein; or (2) the end of the term or life of any such Project Approval, and (b) the life of the Vesting Tentative Map and any subsequent amendment thereof, regardless of any other statute, rule, or authority that purports to set a different term, shall automatically be extended to and until but in no event beyond the end of the Term of this Agreement, as it may be earlier terminated pursuant to the terms set forth herein.”

6. Section 3.12.1.1 of the Agreement is hereby amended to read as follows:
“3.12.1.1 As authorized by the approved Vesting Tentative Map for condominium purposes, within four (4) years after the Final Approval Date as determined pursuant to Section

2.1.2 (the " Condo Application Deadline "), Developer shall submit to City (a) a complete application for a Condominium Permit for the residential and commercial units in Building A of the Project and (b) a complete application for a Condominium Permit for the residential and commercial units in Building B of the Project, both such applications in conformance with applicable City regulations regarding such applications, and thereafter shall diligently pursue City's processing and consideration of the Condominium Permits to a final decision. Promptly after the Effective Date, City staff shall work with Developer to confirm Developer is informed of what is required for a Condominium Permit application to be considered complete and in conformance with applicable City regulations under this Section 3.12.1.1 for purposes of meeting the Condo Application Deadline.”

7. No Other Changes. Except as expressly amended by this First Amendment, the Agreement shall remain in full force and effect as written.

8. Recordation of Amendment. No later than ten (10) days after the Effective Date of this First Amendment, the City Clerk shall record an executed original of this First Amendment in the Official Records of the County of San Mateo.

IN WITNESS WHEREOF, the Developer and City have executed this First Amendment as of the date first hereinabove written.

[Remainder of Page Intentionally Blank]

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IN WITNESS WHEREOF, the Developer and City have executed this First Amendment as of the date first hereinabove written.

DEVELOPER:

WILLIAMS PORTFOLIO 16,
a California corporation
By:

Scott W. Williams, President

CITY:

CITY OF SAN BRUNO

___________________________
By: Jovan D. Grogan, City Manager
Attest:

______________________________ (SEAL)

VICKY HASHA
Deputy City Clerk

Approved as to Form:

_______________________________
Trisha Ortiz
Interim City Attorney

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ACKNOWLEDGMENTS

State of California )
) ss
County of ___________ )
On , be
fore me,___________________________________________,
(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.

(Notary Signature)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this

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ACKNOWLEDGMENTS

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

WITNESS my hand and official seal.

(Notary Signature)

A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this

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Exhibit A

PROPERTY LEGAL DESCRIPTION
[Chicago Title Company File No: 15606449-156-TJK-JM]

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN

BRUNO, IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

TRACT ONE:

PARCEL ONE:

LOTS 28, 29, 30, 31, 32, 33, 34 AND 35, BLOCK 1 AS SHOWN ON THE MAP ENTITLED "MILLS PARK NO. 2, SAN BRUNO, CALIFORNIA", WHICH MAP WAS FILED IN THE

OFFICE OF THE RECORDER, STATE OF CALIFORNIA, COUNTY OF SAN MATEO ON SEPTEMBER 23, 1941 IN BOOK 23 OF MAPS, PAGE 75.

PARCEL TWO:

LOT 3 IN BLOCK 1 AS SHOWN ON THAT CERTAIN MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY ON JANUARY 22, 1941 IN BOOK 23 OF MAPS, PAGE 35.

EXCEPTING THEREFROM SO MUCH AS DEDICATED FOR AN EASEMENT FOR

PUBLIC USE AS A PUBLIC STREET, HIGHWAY AND THOROUGHFARE OVER LAND SITUATE IN THE CITY OF SAN BRUNO, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY CORNER OF LOT 3, BLOCK 1, MAP OF MILLS PARK, SAN BRUNO, FILED IN BOOK 23 OF MAPS, PAGE 35; THENCE FROM SAID POINT OF BEGINNING SOUTH 17° 00' WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 11.25 FEET; THENCE NORTH 26° 57' 30" WEST 58.22 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 3; THENCE ALONG THE BOUNDARY OF SAID 3, NORTH 63° 02' 30" SOUTH 7.81 FEET AND SOUTH 26° 57' 30" EAST 50.12 FEET TO THE POINT OF BEGINNING.

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APN: 020-072-030 (AFFECTS PORTION OF PARCEL ONE), 020-072-040 (AFFECTS PORTION OF PARCEL ONE), 020-072-050 (AFFECTS PORTION OF PARCEL ONE), 020- 072-060 (AFFECTS PORTION OF PARCEL ONE), 020-072-070 AFFECTS PORTION OF PARCEL TWO) AND 020-072-320 (AFFECTS PORTION OF PARCEL ONE) AND JPN(S):
020 007 072 03 A, 020 007 072 04 A, 020 007 072 05 A, 020 007 072 06 A, 020 007 072 07 A AND 020 007 072 32 A

TRACT TWO:

PARCEL ONE:

A PORTION OF THAT CERTAIN PARCEL OF LAND DESIGNATED "B", AS SHOWN ON THE MAP ENTITLED "MAP NO. 2, MILLS PARK SAN BRUNO, CALIFORNIA", WHICH

MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON SEPTEMBER 23, 1941 IN BOOK 23 OF MAPS, PAGE 75, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING ON THE NORTHEASTERLY LINE OF CAMINO PLAZA, AS SHOWN ON

SAID MAP, AT THE MOST SOUTHERLY CORNER OF SAID PARCEL OF LAND DESIGNATED "B" ON SAID MAP; THENCE FROM SAID POINT OF BEGINNING NORTH 26° 57' 30" WEST ALONG THE SAID NORTHEASTERLY LINE OF CAMINO PLAZA, 152.31 FEET (SAID LAST MENTIONED DISTANCE BEING SHOWN ON THAT CERTAIN RECORD OF SURVEY MAP, FILED DECEMBER 04, 1941 IN BOOK 1 OF LICENSED LAND SURVEYORS MAPS, PAGE 72, RECORDS OF SAN MATEO COUNTY AND WHICH DISTANCE WAS INCORRECTLY SHOWN AS 151.26 FEET ON THE MAP OF MILLS PARK NO. 2 ABOVE MENTIONED) TO THE SOUTHEASTERLY LINE OF SAN BRUNO AVENUE, AS SHOWN ON THE MAP FIRST SHOWN REFERRED TO; THENCE NORTH 64° 14' 50" EAST ALONG, THE LAST MENTIONED LINE 55.34 FEET

TO THE SOUTHWESTERLY LINE OF THE LANDS DESCRIBED IN PARCEL ONE OF THE LIS PENDENS RECORDED SEPTEMBER 25, 1961 IN BOOK 4100 OF OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 108 (98524-T) IN ACTION NO.96349, IN THE SUPERIOR COURT, COUNTY OF SAN MATEO, ENTITLED "THE PEOPLE OF THE

STATE OF CALIFORNIA ACTING BY AND THROUGH THE DEPARTMENT OF PUBLIC WORKS, PLAINTIFF VS. G. W. WILLIAMS CO., A CORPORATION, ET AL, DEFENDANTS", SAID LAST MENTIONED LINE BEING PARALLEL WITH AND DISTANT 60 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE "A" LINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY FOR STATE HIGHWAY IN THE CITY OF SAN BRUNO, ROAD IV-SM-22-DBR, THENCE ALONG SAID PARALLEL LINE SOUTH 27° 00' 20" EAST 151.15 FEET, (CALLED NORTH 26° 59' 40" WEST 150.91 FEET IN SAID PARCEL ONE OF THE LIS PENDENS ABOVE

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MENTIONED) TO THE SOUTHEASTERLY LINE OF SAID PARCEL DESIGNATED "B", THENCE SOUTH 63° 02' 30" WEST ALONG THE LAST MENTIONED LINE 55.46 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM:

THAT PORTION THEREOF CONDEMNED IN FEE BY CITY OF SAN BRUNO, A

MUNICIPAL CORPORATION BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 23, 1997, INSTRUMENT NO. 97-008527, OF OFFICIAL RECORDS.

PARCEL TWO:

PARCELS A AND B AS SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED, "PARCEL MAP, BEING A RESUBDIVISION OF PARCEL A AND PARKING AREA AS SHOWN ON THAT MAP ENTITLED, "MAP NO. 2 MILLS PARK" FILED FOR RECORD

IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON SEPTEMBER 23, 1941 IN VOLUME 23, PAGE 75" RECORDED ON AUGUST 05, 1975 IN BOOK 28 OF PARCEL MAPS, PAGE 44, SAN MATEO COUNTY RECORDS.

PARCEL THREE:

THAT CERTAIN PARCEL OF LAND DESIGNATED "PARKING AREA", AS SHOWN ON THE MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA", FILED IN THE

OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON JANUARY 22, 1941 IN BOOK 23 OF MAPS, PAGE 35, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF EL CAMINO REAL, DISTANT THEREON NORTH 26° 57' 30" WEST 60 FEET FROM THE INTERSECTION OF SAID SOUTHWESTERLY LINE WITH THE NORTHWESTERLY LINE OF LOT 26 IN BLOCK 2, AS SAID EL CAMINO REAL, LOT AND BLOCK ARE SHOWN ON THE MAP ABOVE MENTIONED; THENCE FROM SAID POINT OF BEGINNING, ALONG THE NORTHWESTERLY AND NORTHERLY LINE OF A 60 FOOT STREET, SOUTH 63° 02' 30" WEST 81.59 FEET AND NORTH 73° 00' WEST 28.62 FEET TO THE NORTHEASTERLY LINE OF A 60 FOOT STREET; THENCE NORTH 26° 57' 30" WEST, ALONG SAID NORTHEASTERLY LINE, 63.06 FEET TO THE NORTHWESTERLY LINE OF THE SUBDIVISION HEREINABOVE MENTIONED; THENCE NORTH 63° 02' 30" EAST 102.19 FEET TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL; THENCE

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SOUTH 26° 57' 30" EAST, ALONG SAID LINE, 82.96 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED AS PARCEL 4 IN THE FINAL ORDER OF CONDEMNATION, FILED NOVEMBER 27, 1962 IN THE SUPERIOR COURT OF SAN MATEO COUNTY, CASE NO. 96349, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 27, 1962 IN BOOK 4340, PAGE 509, OFFICIAL RECORDS.

APN: 020-075-080 (AFFECT PARCEL THREE), 020-075-090 (AFFECTS PORTION OF PARCEL TWO), 020-075-100 (AFFECTS PORTION OF PARCEL TWO) AND 020-075-110 (AFFECT PARCEL ONE) AND JPN(S): 020 007 075 08 A, 020 007 075 07 A, 020 007 075 06 A AND 020 007 075 05 A

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TRACT THREE:

PARCEL ONE:

LOTS 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 AND 13, BLOCK 2, AS SHOWN ON THE MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA" WHICH MAP WAS FILED IN

THE OFFICE OF THE RECORDER STATE OF CALIFORNIA, COUNTY OF SAN MATEO ON JANUARY 22, 1941 IN BOOK 23 OF MAPS, PAGE 35.

EXCEPTING THEREFROM, THE NORTHEASTERLY 14 FEET OF LOT 3 THRU 13 INCLUSIVE.

PARCEL TWO

LOT 2, BLOCK 2, AS SHOWN ON THE MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA.", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER STATE OF CALIFORNIA, COUNTY OF SAN MATEO ON JANUARY 22, 1941 IN BOOK 23 OF MAPS, PAGE 35.

EXCEPTING THEREFROM, THE NORTHEASTERLY 15 FEET.

APN: 020-076-090 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 09 A, 020-076-100 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 10 A, 020-076-110 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 11 A, 020-076-120 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 12 A, 020-076-130 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 13 A, 020-076-160 (AFFECTS PORTION OF PARCEL TWO) 020 007 076 16 A, 020-076-200 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 20 A, 02-096-050 (AFFECTS PORTION OF PARCEL ONE) 020 009 096 05 A, 02-096-060 (AFFECTS PORTION OF PARCEL ONE) 020 009 096 06 A, 02-096-070 (AFFECTS PORTION OF PARCEL ONE) 020 009 096 09 A AND 02-096-080 (AFFECTS PORTION OF PARCEL ONE) 020 009 096 08 A

TRACT FOUR:

PARCEL ONE:

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LOTS 20, 21 AND 22 IN BLOCK 2, AS DESIGNATED ON THE MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON JANUARY 22, 1941 IN LIBER 23 OF MAPS, PAGE 35.

EXCEPTING THEREFROM ALL THOSE PORTIONS, AS GRANTED BY DEEDS, ONE FROM GEORGE W. WILLIAMS AND HORTENSE WILLIAMS, HIS WIFE, TO THE CITY OF SAN BRUNO, RECORDED APRIL 17, 1951, IN BOOK 2055, PAGE 338, OFFICIAL RECORDS; AND ONE FROM FRANK F. BURROWS AND ALICE S. BURROWS, HIS WIFE, TO THE CITY OF SAN BRUNO, RECORDED APRIL 17, 1951 IN BOOK 2055, PAGE 344, OFFICIAL RECORDS, AND ALSO THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION (CASE NO. 95818) RECORDED MARCH 29, 1963 IN BOOK 4423, PAGE 478, OFFICIAL RECORDS OF SAN MATEO COUNTY.

PARCEL TWO:

LOTS 23 AND 24 AND A PORTION OF LOTS 25 AND 26, IN BLOCK 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA" WHICH

MAP WAS FILED IN THE OFFICE OF THE RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON JANUARY 22, 1941 IN LIBER 23 OF MAPS, PAGE 35, WHICH PORTION OF LOTS 25 AND 26 IS MORE PARTICULARLY DESCRIBED AS:

BEGINNING AT THE POINT OF INTERSECTION OF THE LINE DIVIDING LOT 24 FROM LOTS 25 AND 26 IN BLOCK 2, WITH THE SOUTHWESTERLY LINE OF EL

CAMINO REAL, AS SAID LOTS, BLOCK AND ROAD ARE SHOWN ON THE MAP ABOVE MENTIONED; THENCE SOUTH 61° 55' 10" WEST ALONG SAID DIVIDING LINE, A DISTANCE OF 156.59 FEET TO ITS INTERSECTION WITH THE LINE DIVIDING LOT 3 FROM LOTS 24 AND 25; THENCE NORTH 28° 04' 50" WEST ALONG THE LINE DIVIDING LOTS 3 AND 25, A DISTANCE OF 7 FEET 8-1/8 INCHES; THENCE NORTH 61° 55' 10" EAST PARALLEL WITH THE DIVIDING LINE OF LOTS 24, 25 AND 26, A DISTANCE OF 156.75 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON THE MAP ABOVE REFERRED TO; THENCE SOUTH 26° 57' 30" EAST ALONG SAID SOUTHWESTERLY LINE A DISTANCE OF 7 FEET 8-1/8 INCHES, MORE OR LESS, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM ALL THOSE PORTIONS CONVEYED TO THE CITY OF SAN BRUNO BY QUITCLAIM DEED RECORDED APRIL 17, 1951, IN BOOK 2055, PAGE 338, OFFICIAL RECORDS; AND BY DEED RECORDED DECEMBER 15, 1952 IN BOOK 2340,

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PAGE 430, OFFICIAL RECORDS, AND ALSO THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION (CASE NO. 95818) RECORDED MARCH 29, 1963 IN BOOK 4423, PAGE 478, OFFICIAL RECORDS OF SAN MATEO COUNTY.

PARCEL THREE:

BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THAT LAND DESCRIBED IN THE DEED TO G.W. WILLIAMS CO., RECORDED OCTOBER 01, 1946, IN BOOK 1288, PAGE 187 WITH THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION, UNDER NO. 96349, SHOWN

AS THE PEOPLE OF THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF PUBLIC WORKS, (PLAINTIFF), VS G.W. WILLIAMS CO., A CORPORATION ET AL, (DEFENDANTS), AND FILED FOR RECORD MARCH 29, 1963 IN BOOK 4423, PAGE 485, BOTH IN OFFICIAL RECORDS OF SAN MATEO COUNTY; THENCE NORTH 27° 00' 16" WEST 106.95 FEET ALONG LAST SAID LINE AND ITS

PROLONGATION TO THE GENERAL NORTHERLY LINE OF THAT LAND DESCRIBED IN RESOLUTION NO. 4190 "AN ORDER VACATING CERTAIN PORTIONS OF KAINS AVENUE, SAN BRUNO, CALIFORNIA", RECORDED BY THE CITY COUNCIL OF THE CITY OF SAN BRUNO ON APRIL 19, 1950 IN BOOK 1839, PAGE 642, SAID OFFICIAL RECORDS; THENCE ALONG THE GENERAL NORTHERLY LINE OF LAST SAID LAND SOUTH 63° 02' 30" WEST 49.99 FEET AND NORTH 73° 00' 00" WEST 2.79 FEET; THENCE LEAVING LAST SAID LINE SOUTH 27° 00' 16" EAST 64.00 FEET; THENCE NORTH 62° 59' 44" EAST 2.70 FEET; THENCE SOUTH 27° 00' 16" EAST 45.86 FEET TO SAID FIRST MENTIONED NORTHERLY LINE; THENCE NORTH 61° 55' 10" EAST 49.31 FEET ALONG LAST SAID LINE TO THE POINT OF BEGINNING.

AS DESCRIBED ON APPROVAL OF LOT LINE ADJUSTMENT RECORDED FEBRUARY 16, 1989 IN INSTRUMENT NO. 89020801.

PARCEL FOUR:

BEGINNING IN THE GENERAL NORTHERLY LINE OF THAT LAND DESCRIBED IN RESOLUTION NO. 4190 "AN ORDER VACATING CERTAIN PORTIONS OF KAINS AVENUE, SAN BRUNO, CALIFORNIA", RECORDED BY THE CITY COUNCIL OF THE CITY OF SAN BRUNO ON APRIL 19, 1950 IN BOOK 1839, PAGE 642, OFFICIAL RECORDS OF SAN MATEO COUNTY DISTANT SOUTH 63° 02' 30" WEST 49.99 FEET AND NORTH 73° 00' 00" WEST 2.79 FEET ALONG SAID LINE FROM ITS

INTERSECTION WITH THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION, UNDER NO. 96349, SHOWN AS THE

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PEOPLE OF THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF PUBLIC WORKS, (PLAINTIFF), VS G.W. WILLIAMS CO., A CORPORATION ET AL, (DEFENDANTS), AND FILED FOR RECORD MARCH 29, 1963 IN BOOK 4423, PAGE 485, SAID OFFICIAL RECORDS, THENCE SOUTH 27° 00' 16" EAST 64.00 FEET; THENCE NORTH 62° 59' 44" EAST 2.70 FEET; THENCE SOUTH 27° 00' 16" EAST 45.86 FEET TO THE NORTHERLY LINE OF THAT LAND DESCRIBED IN THE DEED TO G.W. WILLIAMS CO., A CORPORATION, RECORDED OCTOBER 01, 1946, IN BOOK 1288, PAGE 187, SAID OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE SOUTH 61° 55' 10" WEST 43.10 FEET TO THE GENERAL

NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE CONVEYANCE TO THE CITY OF SAN BRUNO, A MUNICIPAL CORPORATION RECORDED, DECEMBER 15, 1952 IN BOOK 2340, PAGE 430, SAID OFFICIAL RECORDS; THENCE NORTHERLY

AND NORTHWESTERLY ALONG LAST
SAID LINE AND ITS PROLONGATION NORTH 28° 04' 50" WEST 12.98 FEET AND NORTH 73° 00' 00" WEST 82.43 FEET TO THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN 1839 OR 642 MENTIONED ABOVE; THENCE NORTHERLY AND EASTERLY ALONG LAST SAID LINE THE FOLLOWING THREE COURSES: NORTH 17° 00' 00" EAST 79.16 FEET; NORTH 62° 00' 00" EAST 27.35 FEET AND SOUTH 73° 00'00" EAST 24.46 FEET TO THE POINT OF BEGINNING.

AS DESCRIBED AN APPROVAL OF LOT LINE ADJUSTMENT RECORDED FEBRUARY 16, 1989 IN INSTRUMENT NO. 89020801.

APN: 020-076-220 (AFFECTS PARCEL TWO) 020 007 076 22 A, 020-076-230 (AFFECTS PARCEL ONE) 020 007 076 23 A, 020-076-250 (AFFECTS PARCEL THREE) 020 007 076 21 A AND 020-076-260 (AFFECTS PARCEL FOUR) 020 007 076 01 A

For APN/Parcel ID(s): 020-072-030, 020-072-040, 020-072-050, 020-072-060, 020-072-070, 020-072-320, 020-076-220, 020-076-230, 020-076-250, 020-075-080, 020-075-090, 020-075- 100, 020-075-110, 020-076-090, 020-076-100, 020-076-110, 020-076-120, 030-076-130, 020- 076-160, 020-076-200, 020-096-050. 020-096-060, 020-096-070, 020-096-080 & 020-076-260 For JPN(s): 020-007-072-03A, 020-007-075-04A, 020-007-072-05A, 020-007-072-06A, 020- 007-072-07A, 020-007-073-32A, 020-007-076-22A, 020-007-076-23A, 020-007-075-08A, 020- 007-075-07A, 020-007-075-06A, 020-007-075-05A, 020-007-076-21A, 020-007-076-09A, 020- 007-076-10A, 020-007-076-11A, 020-007-076-12A, 020-007-076-13A, 020-007-076-16A, 020- 007-076-20A, 020-009-096-05A, 020-090-096-06A, 020-009-096-09A, 020-009-096-A & 020- 007-076-01A

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[Chicago Title Company File No: 15606119-156-TJK-JM]

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN

BRUNO, IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOTS 14, 15, 16, 17, 18, AND 19, IN BLOCK 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MILLS PARK, SAN BRUNO, CALIFORNIA", FILED IN THE OFFICE OF

THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON JANUARY 22, 1941 IN BOOK 23 OF MAPS AT PAGE 35.

EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 13, 1946 IN BOOK 1302 AT PAGE 332, OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE CITY OF SAN BRUNO, RECORDED APRIL 17, 1951 IN BOOK 2055 AT PAGE 340, OFFICIAL RECORDS.

FURTHER EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 28, 1962 IN BOOK 4362 AT PAGE 226, OFFICIAL RECORDS.

For APN/Parcel ID(s): 020-096-090 & 020-076-240
For JPN(s): 020-009-096-09A & 020-007-076-24A

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[Chicago Title Company File No: 15606450-156-TJK-JM]

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN

BRUNO, IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

Tract A:

Public street commonly known as Camino Plaza, as shown on that certain Map entitled, “Map No. 2, Mills Park, San Bruno, California”, filed for record on the office of the County Recorder on September 23, 1941, in Book 23 of Maps, at page 75, San Mateo County Records.

Tract C:

Portion of Public streets known as Camino Plaza and Kains Avenue (formerly known as Cypress Avenue), as shown upon that certain Map entitled, “Mills Park, San Bruno, California”, filed for record in the office of the County Recorder on January 22, 1941, in Book 23 of Maps, at page 35, San Mateo County Records, said portion of Kains Avenue lying Northeasterly of a line drawn between the most Southerly corner of Lot 3 of Block 1 of said Mills Park and the point of intersection of the of the Southeasterly line of Kains Avenue (formerly known as Cypress Avenue) with the Southerly line of those lands described in the Deed to the City of San Bruno recorded December 15, 1952 in Book 2340 of Official Records, at page 429.

Also, any portion of that parcel of land described in the Deed to the City of San Bruno, recorded March 1, 1950, in Book 1807 of Official Records, at page 681, San Mateo County Records.

Also, any portion of that parcel of land described in the Deed to the City of San Bruno, a Municipal Corporation recorded March 9, 1950, in Book 1815 of Official Records, at page 69, San Mateo County Records. Also, any portion of the land described in that certain Final Order of Condemnation, recorded on March 29, 1963 in Book 4423 of Official Records, at page 485, San Mateo County Records.

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Tract D:

A twenty foot wide alley and a twenty four foot wide alley situated in Block 2, as designated on that certain map entitled, “Mills Park, San Bruno, California”, which map was filed for record in the office of the County Recorder of San Mateo County on January 22, 1941 in Volume 23 of Official Maps at page 35, the dividing line of which said alley is described and designated as to widths from said dividing line as follows:

A twenty foot wide alley ten foot northerly and ten foot southerly of a dividing line beginning at a point on the Northwesterly line of said Lot 2 (said line being identical with the Southeasterly line of Kains Avenue) of the aforementioned Block 2, distant 5 feet Southwesterly from the most Northerly corner of said Lot 2; thence Southeasterly parallel to and distant five (5) feet from the Northeasterly line of said Lot 2 and continuing to an
intersection with the longitudinal dividing line of said Block 2; thence Southeasterly an alley being twenty four foot wide, said alley being 10 foot northeasterly and 14 foot southwesterly of the said longitudinal dividing line of said Block 2, to the Northwesterly line of Angus Avenue.

Excepting therefrom all that portion thereof lying Southeasterly of the Northeasterly prolongation of the
Southeasterly line of Lot 7 of said Block 2.

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:September 27, 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: 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.

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Honorable Mayor and Members of the City Council
September 27, 2022

Page 2 of 3 ends

AB 361 was signed into law by the Governor on September 16, 2021, went into effect immediately as urgency legislation (codified under Government Code § 54953), and allows local legislative bodies to continue to meet remotely beyond the current executive order’s expiration of September 30, 2021, in any of the following circumstances:

The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (Government Code § 54953(e)(1)(A)-(C).)

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.

The San Bruno City Council has continued to adopt 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 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.

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Honorable Mayor and Members of the City Council
September 27, 2022

Page 3 of 3 ends

FISCAL IMPACT: There is no fiscal impact.

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

ATTACHMENTS:

1. Resolution

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

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

4. AB 361

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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.

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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 September 27, 2022, by the following vote:

AYES:Councilmembers:

NOES: Councilmembers:

ABSENT:Councilmembers:

ATTEST:
________________________________
Vicky Hasha, Deputy City Clerk

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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

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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.

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members of the public to attend the meeting and offer public comment. Such a body need not make available any physical location from which members of the public may observe the meeting and offer public comment.

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

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

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

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

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

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

ATTEST:

ALEX PADILLA
Secretary of State
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EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

Claims accruing before June 30, 2021 will remain subject to the 120- day extension granted in the aforementioned orders.
8) Executive Order N-36-20, Paragraph 1. To the extent the Secretary exercised their authority pursuant to this provision, the Secretary shall allow each facility to resume intake in a manner that clears intake backlog as soon as feasible.
9) Executive Order N-39-20:
a. Paragraph 1. Any facility operating under a waiver pursuant to this provision, memorialized in an All Facilities Letter, may operate pursuant to such a waiver through the stated expiration in the All Facilities Letter or September 30, 2021, whichever occurs first; b. Paragraph 4; and
c. Paragraph 7. The leases or agreements executed pursuant to this provision shall remain valid in accordance with the term of the agreement.
l 0) Executive Order N-40-20:
a. Paragraph l. For rulemakings published in the California Regulatory Notice Register pursuant to Government Code section l l 346.4(a)(5) prior to June 30, 2021, the deadlines in the aforementioned order shall remain extended in accordance with the order;
b. Paragraph 2 (as extended and clarified by N-66-20, Paragraph 12, and N-71-20, Paragraph l 0). Notwithstanding the expiration of this provision, state employees subject to these training requirements shall receive the benefit of the 120-day extension granted by the aforementioned orders. All required training due on or before June 30, 2021 must be completed within 120 days of the statutorily prescribed due date;
c. Paragraph 7 (as extended and clarified by N-66-20, Paragraph 13 and N-71-20, Paragraph 11). With regard to appeals received on or before June 30, 2021, the State Personnel Board shall be entitled to the extension in the aforementioned order to render its decision; d. Paragraph 8. To the extent the deadlines specified in Government Code section 22844 and California Code of Regulations, title 2, sections 599.517 and 599.518 fell on a date on or before June 30, 2021 absent the extension, they shall expire pursuant to the timeframes specified in the aforementioned orders;
e. Paragraph 16;
f. Paragraph 17; and
g. Paragraph 20.
11) Executive Order N-45-20:
a. Paragraph 4;
b. Paragraph 8;
c. Paragraph 9; and
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d. Paragraph 12. For vacancies occurring prior to June 30, 2021, the deadline to fill the vacancy shall remain extended for the time period in the aforementioned order.
12) Executive Order N-46-20:
a. Paragraph l; and
b. Paragraph 2.
13) Executive Order N-47-20:
a. Paragraph 2; and
b. Paragraph 3.
14) Executive Order N-48-20, Paragraph 2 (which clarified the scope of N-34- 20).
15) Executive Order N-49-20:
a. Paragraph 1;
b. Paragraph 3. For determinations made on or before June 30, 2021, the discharge date shall be within 14 days of the Board's determination; and
c. Paragraph 4.
16) Executive Order N-50-20, Paragraph 2.
17) Executive Order N-52-20:
a. Paragraph 6;
b. Paragraph 7. To the extent an individual has commenced a training program prior to June 30, 2021, that was interrupted by COVID-19, that individual shall be entitled to the extended timeframe in the aforementioned order; and
c. Paragraph 14; and
d. Paragraph 16.
18) Executive Order N-53-20:
a. Paragraph 3;
b. Paragraph 12 (as extended or modified by N-69-20, Paragraph 10, and N-71-20, Paragraph 27); and
c. Paragraph 13 (as extended or modified by N-69-20, Paragraph 11, and N-71-20, Paragraph 28).
19) Executive Order N-54-20, Paragraph 7. To the extent the date governing the expiration of registration of vehicles previously registered in a foreign jurisdiction falls on or before June 30, 2021, the deadline is extended pursuant to the aforementioned orders.
20) Executive Order N-55-20:
a. Paragraph 1. Statutory dead lines related to cost reports, change in scope of service requests, and reconciliation requests occurring on 46 of 206

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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

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issue any citation under the Labor Code, including a civil wage and penalty assessment pursuant to Labor Code section 1741, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order;
e. Paragraph 9(b) (as extended and modified by N-71-20, Paragraph 41);
f. Paragraph 9(c) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for a worker to file complaints and initiate proceedings with the Labor Commissioner pursuant to Labor Code sections 98, 98.7, 1700.44, and 2673.1, that, absent the aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order;
g. Paragraph 9(d) (as extended and modified by N-71-20, Paragraph 39). Any deadline setting the time for Cal/OSHA to issue citations pursuant to Labor Code section 6317, that, absent the
aforementioned order, would have occurred or would occur between May 7, 2020 and September 29, 2021 shall be extended to September 30, 2021. Any such deadline that, absent the
aforementioned order, would occur after September 29, 2021 shall be effective based on the timeframe in existence before the aforementioned order;
h. Paragraph 9(e) (as extended and modified by N-71-20, Paragraph 41);
i. Paragraph 1O;
j. Paragraph 12. Any peace officer reemployed on or before June 30, 2021 pursuant to the aforementioned order shall be entitled to the extended reemployment period set forth in the order;
k. Paragraph 13;
I. Paragraph 14; and
m. Paragraph 15 (as extended by N-71-20, Paragraph 36). 25) Executive Order N-65-20:
a. Paragraph 5 (as extended by N-71-20, Paragraph 35; N-80-20, Paragraph 4; and N-01-21). Identification cards issued under Health and Safety Code section 11362.71 that would otherwise have expired absent the aforementioned extension between March 4, 2020 and June 30, 2021 shall expire on December 31, 2021; and b. Paragraph 7.
26) Executive Order N-66-20:
a. Paragraph 3;
b. Paragraph 4; and
c. Paragraph 5.
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27} Executive Order N-68-20:
a. Paragraph 1. Notwithstanding the expiration of the afo rementioned order, temporary licenses granted on or before June 30, 2021 shall be valid through September 30, 2021 ; and
b. Paragraph 2. Renewal fee payments otherwise due to the to the California Department of Public Health absent the extension in the aforementioned order on or before June 30, 2021, shall be entitled to the extensions of time set forth in the aforementioned order. 28} Executive Order N-71-20:
a. Paragraph 1;
b. Paragraph 4;
c. Paragraph 16. Where the statutory deadline for openin,g or completing investigations is set to occur on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order; and
d. Paragraph 17. Where the statutory deadline for serving a notice of adverse action is due on or before June 30, 2021, the deadline shall remain subject to the extension in the aforementioned order. 29} Executive Order N-75-20:
a. Paragraph 7. Children placed in foster care on or before June 30, 2021 shall receive such examinations on or before July 31, 2021; b. Paragraph 8;
c. Paragraph 9;
d. Paragraph 10. Any facility operating under a waiver pursuant to this provision may operate pursuant to such a waiver through the expiration as set forth by the California Department of Public Health, or September 30, 2021, whichever occurs first; and
e. Paragraph 13.
30} Executive Order N-76-20, Paragraph 3.
31} Executive Order N-77-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 3.
32} Executive Order N-78-20 (as extended and modified by N-03-21 }:
a. Paragraph 1; and
b. Paragraph 2.
33} Executive Order N-83-20:
a. Paragraph 3. To the extent the Director of the Department of Alcoholic Beverage Control suspends deadlines for renewing licenses upon payment of annual fees on or before June 30, 2021, the extension shall remain valid until the effective expiration; 49 of 206

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b. Paragraph 5 (which repealed and replaced N-71-20, Paragraph 19, which extended N-52-20, Paragraph l, and N-69-20, Paragraph 3); c. Paragraph 6· (which repealed and replaced N-71-20, Paragraph 20, which extended N-52-20, Paragraph 2, and N-69-20, Paragraph 4); and
d. Paragraph 7 (which repealed and replaced N-71-20, Paragraph 21, which extended N-52-20, Paragraph 3, and N-69-20, Paragraph 5). 34) Executive Order N-84-20:
a. Paragraph l;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 5.

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

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

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

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

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(i) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation
from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and
(ii) Advertise that procedure each time notice is given of the means by which members of the public may observe the
meeting and offer public comment, pursuant to
subparagraph (ii) of the Notice Requirements below.

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

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

Paragraph 42 of this Order, including the conditions specified therein , shall apply to meetings held pursuant to Article 3 of Chapter 2 of Part 21 of Division 3 of Title 2 of the Education Code and Education Code section 47604.1 (b).
53) Executive Order N-58-20 (as extended by N-71-20, Paragraph 29). 54) Executive Order N-59-20:
a. Paragraph l. The sworn statement or verba l attestation of pregnancy must be submitted on or before September 30, 2021 and medica l verification of pregnancy must be submitted within 30 53 of 206

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working days following submittal of the sworn statement or verbal attestation for benefits to continue;
b. Paragraph 2 (as extended and modified by N-69-20, Paragraph 14, and N-71-20, Paragraph 31 );
c. Paragraph 3 (as extended and modified by N-69-20, Paragraph 15, and N-71-20, Paragraph 32); and
d. Paragraph 4 (as extended and modified by N-69-20, Paragraph 16, and N-71-20, Paragraph 33).
55) Executive Order N-63-20:
a. Paragraph 8(b). To the extent filing dead lines for claims and liens fall on or before September 30, 2021, absent the extension in the aforementioned order, they shall remain subject to the extended timeframe; and
b. Paragraph 11.
56) Executive Order N-66-20, Paragraph 6.
57) Executive Order N-71-20:
a. Paragraph 15;
b. Paragraph 22; and
c. Paragraph 23.
58) Executive Order N-75-20:
a. Paragraph 1;
b. Paragraph 2; and
c. Paragraph 4.
59) Executive Order N-80-20:
a. Paragraph 3; and
b. Paragraph 7.
60) Executive Order N-83-20
a. Paragraph 2 is withdrawn and replaced by the following text:

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

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

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

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

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

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This bill would make legislative findings to that effect.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

O
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:September 27, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
SUBJECT: Adopt Resolution Authorizing the City Manager to Execute Agreements With Airbnb and HomeAway for Payment of Transient Occupancy Tax BACKGROUND: Like many other cities, San Bruno offers a variety of lodging options for those visiting the City and the greater Bay Area. Some of these rooms are in private homes owned or operated by “hosts” and are booked by “guests” on internet platforms such as Airbnb and HomeAway (also known as VRBO).

San Bruno Municipal Code section 3.32.030 adopted in 2019, requires hosts to remit transient occupancy tax (“TOT”) to the City, as do traditional hotels and motels. However, hosts may not have been aware of their obligation to do so, as the City had not yet set up a registration system, and the internet platforms generally did not collect the tax unless compelled to do so by legal action. The City began exploring regulation of short term rentals (STRs) in 2018, and then engaged in a series of public meetings in January 2020, May 2020, and July 2020, culminating in adoption of section 12.270 of the City’s Zoning Code, Short Term Residential Rentals, on August 25, 2020. This ordinance established a comprehensive system to register and regulate these short term rentals (STRs).

However, such programs, while reasonable and necessary to provide appropriate zoning and operational regulations, require substantial staff or consultant effort to identify each host and then collect the tax individually from each, resulting in the City incurring both administrative and collection costs.

Staff therefore approached the two primary internet platforms, Airbnb and Home Away, which contain virtually all of the listings in the City. Both expressed a desire to enter into a voluntary collection agreement (VCA) with the City by which the platform would collect the tax from the hosts and then remit it to the City. Such agreements are relatively common, as they provide an efficient mechanism to collect TOT from a large number of hosts, without the attendant expenditure of staff time and resources. This report presents the key deal terms negotiated by staff in the agreements for review by the City Council.

DISCUSSION: The VCAs proposed by both platforms are similar in that they provide:
 The platform will collect and remit TOT while the agreement is in effect.  The platform will be liable for any TOT, penalties, and interest that it does not collect and remit while the agreement is in effect.

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September 27, 2022

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 Hosts of the platform will not have to register with the City or collect and remit TOT while the agreement is in effect.
 The City’s ability to audit the platform will be limited, in particular the platform will not have to provide any personal information of its guests or hosts while the agreement is in effect.  The City waives any claims against the platform for TOT not collected before the effective date of the agreement.

While there are some differences between the agreements, the main difference is that Airbnb reserves the ability to create a category of “Registered Hosts” for which Airbnb would collect TOT, but then turn the TOT over to the Registered Host for remittance to the City. Airbnb would provide the City with tax and business identification information of the Registered Hosts.

In all, these terms are consistent with those in other similar agreements with many other cities in California.

FISCAL IMPACT: While the amount of TOT paid by businesses and individuals are confidential per city ordinance, the VCAs will likely provide some modest revenue to the City on an ongoing basis.

RECOMMENDATION: Adopt Resolution Authorizing the City Manager to Execute Agreements With Airbnb and HomeAway for Payment of Transient Occupancy Tax ALTERNATIVES:

1. Decline to adopt the Resolution, and provide alternative direction to staff regarding the VCAs.

ATTACHMENTS:

1. Resolution

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6 RESOLUTION NO. 2022- ____

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE VOLUNTARY

COLLECTION AGREEMENTS WITH AIRBNB AND HOMEAWAY FOR

PAYMENT OF TRANSIENT OCCUPANCY TAX
WHEREAS, the City of San Bruno offers a variety of lodging options for travelers, and some of these rooms are located in private homes rented by hosts to guests using internet platforms such as Airbnb and HomeAway; and
WHEREAS, to facilitate payment of transient occupancy tax for these short term rentals (STRs), the City and the internet platforms desire to enter into voluntary collection agreements (VCAs) whereby the platforms would collect and remit the tax directly to the City; and
WHEREAS, the City has negotiated such VCAs with Airbnb and HomeAway, which provide virtually all of STR lodgings available in the City; and WHEREAS, the agreements generally provide that while the agreements are in effect the platforms will collect and remit TOT and be liable for any TOT they do not remit (except for Airbnb’s “Registered Hosts”), hosts of the platforms will not have to register with the City or collect and remit TOT, the City’s ability to audit the platforms will be limited and the platforms will not have to provide personal information of their guests or hosts, and the City will waive all claims against the platforms for any TOT not collected before the effective date of the agreements.

NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council hereby authorizes the City Manager to execute VCAs with Airbnb and HomeAway as described herein and in the accompanying staff report.

Dated: September 27, 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 27 day of September 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

ATTEST:

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6 Vicky Hasha, Deputy City Clerk

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:September 27, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Darcy Smith, Assistant City Manager
SUBJECT: Hold Public Hearing and Introduce, Read by Title Only, and Waive Further Reading of the Following Ordinances of the City of San Bruno:
• An Ordinance of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code by Adding Chapter 12.300 to Authorize Commercial Cannabis Retailers (Storefront Sales) in the Transit Corridors Plan Area CBD, MX-R, TOD-1, TOD-2, and PD Zones and in the PD Zones for the Shops at Tanforan, and Cannabis Distribution Facilities in the M-1 Zone, and Making a Finding of Exemption Under CEQA
• An Ordinance of the City of San Bruno Amending Title 3 (Revenue and Finance) of the Municipal Code to Lower the Tax Imposed on Cannabis Businesses, Amending Title 4 (Licenses and Regulations) to Add a New Chapter Pertaining to Commercial Cannabis Operators Permits, and Amending Title 6 (Public Peace, Morals and Welfare) to Eliminate the Prohibition on Commercial Cannabis Activity in the City, and Making a Finding of Exemption Under CEQA
BACKGROUND:

The City Council held a Study Session meeting on February 8, 2022 where they considered options for allowing commercial cannabis operations in the city . At the conclusion of the Study Session, Council directed staff to proceed with preparation of draft Municipal Code amendments and related procedures. This direction was to provide for a total of up to three commercial cannabis operations consisting of any combination of cannabis retailers, commonly referred to as storefront sales directly to consumers, in specific zoning districts. The direction provided was to focus these locations in the downtown, along portions of San Bruno Avenue and El Camino Real, and at The Shops at Tanforan. Additionally, the Council recommended that the regulations accommodate no more than one distribution use in the M-1 Zone north of Interstate 380.

In addition to City Zoning Code amendments related to land use regulations for commercial cannabis operations, amendments are also proposed related to the cannabis business taxes and repealing/amending cannabis prohibitions in Title 6, as well as a new Chapter 4.70 pertaining to commercial cannabis operator’s permits. These ordinances are provided as Attachments 1 and 2. Draft application procedures and guidelines for the commercial cannabis operators permit provided as Attachment 3. If the ordinances are introduced, these procedures

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0 and guidelines will be presented at a future City Council meeting for adoption by resolution. The Council may review and provide any feedback to be incorporated into the final version.

Previous Cannabis Regulatory Actions in California and San Bruno The State of California’s Proposition 64 was adopted on the November 8, 2016 ballot (the Adult Use of Marijuana Act or “AUMA”). The Act provides that:

1. Recreational cannabis use, possession, transportation, and purchase of specified amounts by adults 21 years or older is legalized, except those certain activities, such as possession or smoking cannabis will still be prohibited in those places otherwise prohibited by state law (such as places of employment) or public places;

2. Individuals who are 21 years or older are allowed to grow up to six cannabis plants per residence, indoors, for their personal recreational use; and

3. Commercial cultivation, processing, laboratory testing, labeling, storing, wholesale distribution and retail sales of cannabis is now controlled and licensed by the Department of Cannabis Control.

With the approval of Proposition 64, state licenses for adult-use cannabis businesses started to be issued in January 2018. Under Proposition 64, local jurisdictions may regulate, but cannot ban, personal cultivation of up to six (6) cannabis plants within a single private residence. A local jurisdiction may ban or regulate personal outdoor cultivation. Further, a local jurisdiction may ban or regulate all commercial cannabis activities, except for the lawful transportation of cannabis (or cannabis products) on public roads.

Presently, San Bruno Municipal Code Chapter 6.58 prohibits all medical marijuana distribution facilities throughout the city. Collective or cooperative cultivation of medical marijuana is also prohibited. When it was adopted in 2011, this ordinance did not apply to any of the adult-use, personal, or commercial cannabis activities that Proposition 64 later authorized cities to permit.

In November 2018, the City Council adopted an ordinance, codified as Chapter 6.59 of the Municipal Code, regulating indoor cultivation of cannabis in residences for personal use and only to the extent allowed by state law, and prohibiting the manufacture, processing, laboratory testing, labeling, storing, wholesale and retail sale and distribution of adult-use cannabis throughout the city.

In November 2020, following City Council action to place a measure on the ballot, San Bruno voters approved a cannabis business tax measure which imposes up to a 10% tax on the gross receipts generated by any cannabis business activity that may be ultimately allowed to operate in the city.

Cannabis Uses in Nearby Cities
Eleven cities (San Bruno, Burlingame, Millbrae, Colma, Hillsborough, Foster City, Menlo Park, Atherton, Belmont, East Palo Alto and Woodside) continue to prohibit any commercial cannabis activities, and therefore do not receive revenue from such activities.

Eight cities (San Mateo, Redwood City, Daly City, San Carlos, South San Francisco, Half Moon

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0 Bay, Brisbane, and Pacifica) and the County of San Mateo have adopted cannabis ballot measures to tax and/or regulate specific commercial activities in their respective cities. The tax rates adopted by the voters in these jurisdictions range from 3% to 6%. Within the cities that permit commercial cannabis uses, licenses have been obtained for cannabis retailers, distribution services, indoor cultivation and laboratory testing. Licensing of commercial cannabis in San Mateo County jurisdictions has been primarily for cultivation/nurseries. A summary of local jurisdiction commercial cannabis regulations is attached to this staff report, Attachment 4.

In addition, a listing of Bay Area local tax rates can be found in Attachment 5.

Planning Commission Review and Recommendation
The zoning code amendments were considered by the San Bruno Planning Commission on July 19, 2022 and August 16, 2022 at duly noticed public hearings. At the conclusion of the August 16, 2022 public hearing, the Planning Commission adopted Resolution No. 2022-10 by a 4-2-0 vote recommending that the City Council adopt the zoning code amendments allowing for establishment of commercial cannabis storefront sales and a cannabis distribution facility as conditionally permitted uses in certain zones in the City. See Planning Commission Resolution, Attachment 6. The Planning Commission recommended that the City Council consider expanding the locations where retail cannabis businesses could be conditionally permitted uses to include the Bayhill Shopping Center and Towne Center properties. The ordinance has not been updated to reflect this suggestion, as the City Council previously provided direction to staff on the appropriate locations focused primarily in the downtown core and along transportation corridors. The Planning Commission also discussed the list of potential security measures and expressed concerns with the use of “mosquito” devices emitting sound as a theft and loitering deterrent in pedestrian heavy areas such as the downtown where it may be a nuisance. Since the “mosquito” device is one of many options for security included in Section 12.300.100(A)(17) of the draft ordinance, it would only be used in locations where the Police Department deems it appropriate. Therefore, staff does not recommend modifying the ordinance to eliminate this as an option.

DISCUSSION:

Required Code Amendments to Enact a Commercial Cannabis Program To enact changes to allow for cannabis retailers and a commercial distribution facility, the following amendments are required to the Municipal Code:

Land Use and Zoning: A new Chapter (12.300) would be added to the Zoning provisions of Municipal Code providing for cannabis uses in specified area with a Conditional Use Permit.

Remove Existing Prohibitions: San Bruno Municipal Code Chapter 6.58 currently prohibits all medical marijuana distribution facilities throughout the city. Collective or cooperative cultivation of medical marijuana is also prohibited. This section of the Municipal Code is proposed to be repealed if the City Council approves cannabis sales and distribution.

Commercial Cannabis Activities: San Bruno Municipal Chapter 6.59 currently prohibits various cannabis business activities. Amendments are proposed in the ordinance that would continue to prohibit cultivation, manufacturing, processing, testing and wholesale activities but allow for storefront sales and distribution within the limitations spelled out in the zoning.

Commercial Cannabis Operator’s Permit (CCOP): Amendments are proposed in the ordinance to permit retail and distribution activities, Chapter 4.70 is proposed to be added to the

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0 Municipal Code to define the Operator’s Permit process. The draft application procedures and guidelines for the commercial cannabis operators permit provided as Attachment 3, to be adopted at a future meeting if the enabling ordinances are introduced.

Proposed Commercial Cannabis Program
The City’s cannabis program would do the following:
 Maintain provisions for personal cultivation/use of up to six plants (as currently provided for in the Code).
 Allow for up to three Cannabis Retailers (previously termed “dispensaries”) in selected areas of the city – see location discussion, below. Cannabis retailers would allow for general retail storefront sales of cannabis or cannabis products, packaging and labeling of cannabis for sale, and could also include delivery services to residences or end-users. Cannabis retailers would be allowed subject to obtaining approval of a Commercial Cannabis Operators Permit as well as a Conditional Use Permit. Cannabis retailers would be required to comply with security and transportation requirements.
 Allow for one Cannabis Distribution Facility (commercial cannabis distribution) in selected areas of the city – see location discussion, below. Cannabis distribution facilities would provide for storage and distribution of commercial cannabis products to licensed commercial cannabis operators, though no retail sales would be allowed from the site. These uses would be allowed subject to obtaining approval of a Commercial Cannabis Operators Permit as well as a Conditional Use Permit. Any distribution service would be required to comply with security and transportation requirements.

There would be no other types of commercial cannabis operations permitted; all of these uses are currently and would continue to be prohibited by the city:

 No commercial cannabis cultivation. This use involves the commercial planting, growing, harvesting, drying, grading and trimming of cannabis, and can occur indoors or outdoors, including in a nursery setting.
 No commercial cannabis manufacturing, including CBD (cannabidiol) extract derived from cannabis. This use involves subjecting cannabis to a process which concentrates cannabis into an edible or topical product.
 No commercial cannabis testing/laboratories. This use involves state-mandated testing of cannabis products in a state-licensed laboratory setting prior to distribution and sale.  No cannabis microbusinesses. This is a business involved in at least three types of commercial cannabis activities, including retail sale, cultivation, distribution and/or manufacturing.
 No temporary cannabis events. This is an event where cannabis may be consumed over a short period of time and at a temporary event location.  No “cannabis cafes” for onsite consumption of cannabis products.

Qualifying Locations for Commercial Cannabis Uses
Staff evaluated several areas that could adequately support retail commercial cannabis activities, which was discussed by City Council at the Study Session. Considerations for the appropriateness of these locations included: adequate vehicular, bicycle, and pedestrian access; underlying zoning (commercial or mixed-use zoning); and nearby sensitive land uses.

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0 The primary areas for potential commercial cannabis uses focused on the downtown and major transportation corridors (portions of El Camino Real and San Bruno Avenue, as well as San Mateo Avenue). In these targeted areas, consisting of C-B-D, MXR, TOD1, TOD2 and P-D zones within the Transit Corridors Plan (TCP) area, there is mainly a mix of commercial and office uses. Cannabis retailers would also be conditionally permitted at The Shops at Tanforan.

Additionally, commercial cannabis distribution facilities would be considered an appropriate land use in the M-1 (Industrial) Zone north of San Bruno Avenue. See Attachment 7 for the Commercial Cannabis Qualifying Zones Map.

Consideration of Sensitive Uses Near Commercial Cannabis Operations State cannabis law (Business and Professions Code) identifies several categories of land uses that are considered sensitive uses when in proximity to commercial cannabis activities:
 Youth Centers (defined as any public or private facility that is primarily used to host recreational or social activities for minors).
 Daycare Centers (defined as a childcare center, other than home-based day care operations, and includes licensed childcare centers).
 Schools (defined as K-12 public or private schools).

State law identifies a standard 600-foot separation, or mandatory buffer distance, between a proposed commercial cannabis use and a youth center, daycare center and school. However, this 600-foot separation can be modified by local ordinance, making the required separation distance greater or less than 600 feet.

Additionally, by local regulation, other uses can be included in the list of sensitive uses. Staff recommends that city neighborhood or community parks also be included as a sensitive use when considering potential locations for commercial cannabis uses. These larger park sites can be a potential area of outdoor congregation of people in an unregulated public setting that may also include substantial numbers of children at any given time. See Attachment 8 for the Commercial Cannabis Sensitive Uses Map. This map shows existing sensitive uses (schools and parks) overlaid on the potential commercial cannabis area map provided in Attachment 7 and depicts a 600-foot buffer around these sensitive use property boundaries.

Commercial Cannabis Regulations and Application Review Process Commercial Cannabis Operations for cannabis retailers or cannabis distribution facilities will require both a Commercial Cannabis Operators Permit (CCOP) and a Conditional Use Permit (CUP). Jurisdictions that permit commercial cannabis uses frequently utilize similar processes.

These permits are appropriate for commercial cannabis activities as the cannabis industry is highly regulated, and as the nature of commercial cannabis uses has the potential to raise concerns as to safety, operational details, and with respect to land use compatibility. CUPs for site specific locations are appropriate and would require public noticing, public hearings, and review and action by the Planning Commission. This action of the Commission is final, unless appealed to the City Council by applicants or the public.

The first step in the process would be for a prospective commercial cannabis operator to file a CCOP. The process would have an application filing timeline during which CCOP applications

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0 can be filed with the city. While only up to three cannabis retailer locations and one distribution facility may ultimately be approved, the city could receive and process more than four applications.

The CCOP application would require the cannabis business to identify the owners and managers of the business, require the business submit certain information pertaining to the business including financial information, and require the owners and managers to submit to background checks. These applications would be reviewed by a team of staff from different City Departments and Divisions, including Planning, Building, Public Works Engineering, Fire, and Police. The applications would be assigned a “Pass” or “Fail” status by the team based on review criteria to be established by the city, which may include such factors as a proposed business plan, community benefits, neighborhood compatibility, safety and hazardous materials plan, security plan and odor control plan.

Those CCOP applications achieving a “pass” rating would be cleared to proceed to the second step, consisting of City Council review and selection of up to three retail businesses and up to one distribution business.

Those businesses approved by the City Council would then proceed to the third step, formally filing a Conditional Use Permit (CUP) application for a specific location. CUP applications would be reviewed by staff and presented to the Planning Commission for consideration at a noticed public hearing. With CUP approval, the third and final step would be for staff to formally issue the CCOP to those applicants who have obtained their CUP approvals.

Additionally, State licenses would also be required for all commercial cannabis operations.

There are many types of licenses, though the most likely licenses applicable to San Bruno cannabis businesses would be for Type 10A (Retailer) and Type 11 (Distributor). Licenses are issued by the state for a period of one year, and can be renewed annually. Type A licenses prohibit sales of commercial cannabis products to persons under the age of 21 and do not allow persons under 21 to be on licensed premises.

The following table summarizes key proposed commercial cannabis land use regulations proposed in the Zoning Code:

Cannabis Retailers
(Storefront Dispensaries)
Cannabis Distribution
Facilities
Qualifying Locations, by Zoning
District
In TCP areas in C-B-D, MXR,
TOD1, TOD2 and P-D Zones
In M-1 Zone north of San
Bruno Avenue
Operators Permit and CUP Required Yes Yes
State License Required Yes Yes
Age Restrictions (21 or older) Yes Yes
Separations Required 600 feet from:

Youth Centers, K-12 Schools
and Day Care operations;
parks (excepting pocket
parks)
600 feet from:

Youth Centers, K-12 Schools
and Day Care operations;
parks (excepting pocket
parks)
Suggested Maximum Number of
Cannabis Uses
Up to 3 cannabis retailers
(and/or cannabis distribution
facilities)
Up to 1 cannabis distribution
facilities
Operational Criteria:

Hours of operation Per CUP conditions Per CUP conditions

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0 Security Provisions for Commercial Cannabis Operations A commercial cannabis operation will be required to implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis operation. The specific security measures are required to be identified in the operations plan, which is subject to review and approval by the City, including the Police Department. Compliance with the operations plan will be always required during operation as a condition of approval of the CUP. Security provision requirements are included in the Zoning Code Section 12.300.100 “Security” (see ordinance, Attachment 1).

Application Fees and Taxes
Application and Renewal Fees
If the City Council approves the introduction of the ordinances, staff would return to the City Council with processing fees using a deposit-based system, similar to most Planning Division applications. Staff will provide comparisons with other jurisdictions when presenting this information.

Taxes for Commercial Cannabis Operations
In November 2020, San Bruno voters approved a ballot measure imposing up to a 10% tax on the gross revenues of any commercial cannabis activity that the city ultimately allows. The tax will apply in addition to the general business license tax imposed by the city. The City Council can adopt a lower tax rate without requiring voter approval. An increase above 10 percent would require voter approval. The text of the adopted ordinance is as follows:
“This Ordinance may be amended by the City Council in any respect without a vote of the people. Specifically, the City Council may reduce the rate of the tax set forth herein, may create exemptions to the tax, and may create special procedures for the collection of the tax (including, but not limited to, requiring that the tax be paid in advance or that the tax be payable as often as monthly). The City Council may, without a vote of the people, adjust the rate of the tax so long as no cannabis business is subject to a cannabis business tax that is higher than a maximum rate of 10% of Gross Receipts. However, as required by the California Constitution, the City Employee training Required with CUP Required with CUP
Odor control plan Required with CUP Required with CUP
Security plan Required with CUP Required with CUP
Security systems Required with CUP Required with CUP
Parking and loading As required by CUP As required by CUP Hazardous materials plan N/A Required with CUP
Storage of product and disposal of
unused cannabis
Limited with CUP Limited with CUP
Signage Per City Sign Code No outside signs
On-site consumption Not allowed Not allowed
Delivery/transport plans and/or routes Plan required with CUP Plan required with CUP GIS for delivery vehicles N/A Required
Insurance Required Required

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0 Council may not raise the rate of the tax above that maximum rate unless such increase is approved by the voters."
In 2020, when evaluating the potential to place this ballot measure before San Bruno voters, the City Council was advised by cannabis consultant HdL that there are a variety of barriers to entry in locations where no cannabis businesses already exist including: 1) the permitting fees established by local cost recovery ordinances, 2) the lack of authorized banking services in the state, 3) the continued existence of a robust underground business that is not taxed, and 4) the reticence of both foreign and US investors and property owners to invest in a business whose product is still illegal to possess under federal law. Staff reviewed local municipality cannabis projected annual revenues (and obtained actual revenue figures, where available) where commercial cannabis activities are permitted, and found that they range from less than $100,000 (in South San Francisco, which has two licensed commercial cannabis operations), +$200,000 (in Redwood City, with four licensed operations), to a 2021 annual program income of $572,000 (in Pacifica, which has five licensed operations, including “legacy” operations which preceded recent state enabling cannabis law).

Retail cannabis sales include a state excise tax (15% tax to purchaser), sales tax for non- medicinal products (7.25-10.25%) and may include an additional local tax. Due to the high tax burden on the cannabis industry, local jurisdictions should consider the implications of setting high local taxes on cannabis sales. While it is desirable to have a high tax rate to generate local revenue, taxes that are too high may serve as a deterrent to businesses wishing to locate in a particular jurisdiction. As a result, businesses may choose to locate in adjacent jurisdictions with a lower local tax rate. As shown in Attachment 5, local tax rates vary for nearby jurisdictions, ranging from 3% (Brisbane) to 6% (Pacifica and Half Moon Bay) on retail sales, while approved local tax rates in California range from 2 to 20%. Staff is recommending the tax rate be set at 5%, which is slightly lower than Pacifica and Half Moon Bay, but above the local average of

3.7% for retail operations and 2.2% for distribution operations.

NEXT STEPS
If the City Council approves the introduction of the ordinances, the second reading and adoption would be scheduled as a consent calendar item at the next regular City Council meeting. If adopted, the ordinance would go into effect 30 days after adoption. The Council would be presented with resolutions setting application fees and approving the Application Procedures and Guidelines for the Commercial Cannabis Operators Permit.

FISCAL IMPACT:

There is no fiscal impact from the introduction of the ordinances. There would be an undetermined net positive fiscal impact if new commercial cannabis businesses locate in the city.

ENVIRONMENTAL IMPACT:

The introduction of the ordinances do not have the potential for creation of a significant environmental impact pursuant to the California Environmental Quality Act (CEQA), and as such are exempt from further environmental consideration per CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION: Hold Public Hearing and Introduce, Read by Title Only, and Waive Further Reading of the Following Ordinances of the City of San Bruno:

• An Ordinance of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of

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0 the Municipal Code by Adding Chapter 12.300 to Authorize Commercial Cannabis Retailers (Storefront Sales) in the Transit Corridors Plan Area CBD, MX-R, TOD-1, TOD-2, and PD Zones and in the PD Zones for the Shops at Tanforan, and Cannabis Distribution Facilities in the M-1 Zone, and Making a Finding of Exemption Under CEQA
• An Ordinance of the City of San Bruno Amending Title 3 (Revenue and Finance) of the Municipal Code to Lower the Tax Imposed on Cannabis Businesses, Amending Title 4 (Licenses and Regulations) to Add a New Chapter Pertaining to Commercial Cannabis Operators Permits, and Amending Title 6 (Public Peace, Morals and Welfare) to Eliminate the Prohibition on Commercial Cannabis Activity in the City, and Making a Finding of Exemption Under CEQA

ALTERNATIVES:

1. Decline to introduce the ordinances; or

2. Provide additional direction to staff regarding the provisions of the ordinances.

ATTACHMENTS:

1. Ordinance Amending Chapter 12.300

2. Ordinance with Municipal Code Amendments

3. Draft Application Procedures and Guidelines for the Commercial Cannabis Operators Permit

4. San Mateo County Comparison of Cannabis Regulations

5. Jurisdictional Comparison of Local Cannabis Business Tax Rates

6. Planning Commission Resolution No. 2022-10 Recommending Approval to City Council

7. Commercial Cannabis Qualifying Zones Map

8. Commercial Cannabis Sensitive Uses Map

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1 ORDINANCE NO. _______

AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING ARTICLE III (ZONING) OF TITLE 12 (LAND USE) OF THE MUNICIPAL CODE BY ADDING CHAPTER 12.300 TO AUTHORIZE

COMMERCIAL CANNABIS RETAILERS (STOREFRONT SALES) IN THE TRANSIT CORRIDORS PLAN AREA C-B-D, MX-R, TOD-1, TOD-2, AND PD ZONES AND IN THE PD

ZONES FOR THE SHOPS AT TANFORAN MALL, AND CANNABIS DISTRIBUTION FACILITIES IN THE M-1 ZONE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA THE CITY COUNCIL OF THE CITY OF SAN BRUNO DOES ORDAIN AS FOLLOWS:

Section 1. Based on the facts in the Staff Report, written and oral testimony, and exhibits presented, the City Council hereby makes the following findings of facts in support of the proposed Municipal Code amendments regarding establishment of commercial cannabis storefront sales and distribution operations:

1. The zoning code amendments were considered by the San Bruno Planning Commission on July 19, 2022 and August 6, 2022 at duly noticed public hearings. At the conclusion of the August 6, 2022 public hearing, the Planning Commission adopted Resolution No. 2022-10 recommending that the City Council adopt the zoning code amendments allowing for establishment of commercial cannabis storefront sales and cannabis distribution facilities as conditionally permitted uses in certain zones in the City. The Planning Commission also recommended that (1) Bayhill and the Towne Center be included as sites where cannabis retailers are conditionally permitted uses, and (2) that the ordinance be revised to remove the requirement that “mosquitos” (i.e., sound emitting devices) be used on the site of a commercial cannabis operation

2. A notice of public hearing was duly posted for consideration of this proposed ordinance at the City of San Bruno City Council meeting of September 27, 2022, and on said date, the public hearing was opened, held and closed.

3. The proposed ordinance is consistent with the General Plan of the City of San Bruno, including the following goals and policies:

LUD-A: Promote development of El Camino Real as a boulevard with a series of “districts”, with distinctive uses weaved together with unified streetscape, sidewalk improvements, and pedestrian amenities. Encourage residential development to promote walkability and transit use.

LUD-C: Stimulate reuse and intensification with multi-use, transit-oriented development along El Camino Real, San Bruno Avenue, and San Mateo Avenue. Provide amenities serving pedestrians, bicyclists, and transit riders along these corridors.

LUD-D: Promote Downtown as the civic and cultural center of San Bruno, based on expansion of the ethnically diverse array of businesses and restaurants. Foster a vibrant, continuous, pedestrian-oriented mix of land uses within Downtown. Increase the market

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1 supporting Downtown through new mixed-use opportunities, including housing above the ground floor.

LUD-17: Encourage new development in Downtown to accommodate small retail shops, with larger anchor stores at the northern and southern gateways.

LUD-47: Allow high-intensity mixed-use development – including retail, offices, services, and housing – along San Bruno Avenue, between Elm Avenue and Huntington Avenue.

ED-A: Maintain a positive business climate within San Bruno, including resources for business attraction and expansion.

ED-B: Provide development opportunities that allow for establishment of jobs within San Bruno, commensurate with local residents’ education and skills.

ED-C: Capture the entire spectrum of retail sales and services within San Bruno, from regional uses in The Shops at Tanforan to Downtown commercial uses.

ED-1: Improve the image of San Mateo Avenue in Downtown as an appealing commercial street to shop, dine, and conduct business.

4. The proposed 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 determined to be exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines.

5. The proposed ordinance to establish provisions for commercial cannabis storefront sales and distribution uses will not be detrimental to the health, safety, morals, comfort and general welfare of the Citizens of San Bruno.

Section 2.Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended by adding Chapter 12.300 to read as follows:
“12.300 COMMERCIAL CANNABIS OPERATIONS

12.300.010 Purpose and Intent
It is the purpose and intent of the City Council to regulate commercial cannabis operations consistent with state law and to protect the health, safety, and welfare of the residents of the city. The regulations in this chapter do not interfere with a qualified patient’s right to obtain and use cannabis as authorized under state law, nor do they criminalize the possession or cultivation of cannabis by certain individuals as authorized under state law. Commercial cannabis operations shall comply with all provisions of the San Bruno Municipal Code, state law, and all other applicable local codes and regulations, including all applicable land use and zoning regulations imposed on commercial cannabis operations. It is neither the intent of this chapter to condone or legitimize the illegal use or consumption of cannabis under federal, state, or local law, nor to authorize the operation of a legal business in an illegal manner.

12.300.020 Definitions

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1 As used in this chapter, the following words and phrases shall have the following meanings, unless otherwise specified:

Cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.

Cannabis distribution facility means a business that is authorized to engage in the distribution of cannabis and cannabis products without having a cannabis retailer component.

Cannabis retailer means any establishment which engages in the retail sale of cannabis for adult-use purposes.

Cannabis Operator means an interested person who has obtained a Commercial Cannabis Operator Permit and has a commercial cannabis operation.

Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.

City Manager means the city manager and/or their designee.

Commercial cannabis activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products.

Commercial cannabis operation means a cannabis retailer or cannabis distribution facility.

Commercial Cannabis Operator Permit means a permit issued by the City of San Bruno pursuant to this chapter to a commercial cannabis operation.

Conditional use permit means a zoning approval issued by the City Council pursuant to the Zoning Code to a commercial cannabis operation.

Day care center has the same meaning as set forth in Section 1596.76 of the Health and Safety Code.

Director means the Director of Community and Economic Development.

Distribution means the procurement, sale, and transport of cannabis and cannabis products between State licensed cannabis businesses.

Hazardous materials include any hazardous substance regulated by any federal, state, or local laws or regulations intended to protect human health or the environment from exposure to such substances.

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1 (3) The chief executive officer of a nonprofit or other entity, or a member of the board of directors of a nonprofit; and
(4) A manager or an individual who will be participating in the direction, control, or management of the commercial cannabis operation.

Juvenile means any natural person who is under the age of eighteen years.

Manager means a person or persons with responsibility for the establishment, registration, supervision, or oversight of the operation of a commercial cannabis operation, including, but not limited to, a person who performs the functions of a board member, director, officer, owner, operating officer, or manager of the commercial cannabis operation.

MAUCRSA means the Medicinal and Adult Use Cannabis Regulation and Safety Act, codified in Business and Professions Code section 26000 et seq., as the same may be amended from time to time.

Park means a playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on City, county, or state parks. Park does not include small “pocket parks,” such as Posy Park.

School means any school providing instruction in kindergarten or any grades l through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K- 12).

Sensitive uses mean a day care center, park, school or youth center, as defined herein.

Staff means a person other than a manager who works or provides services on the site of a commercial cannabis operation, whether as an employee, contractor, or volunteer.

Youth center has the same meaning as Section 11353.1 of the Health and Safety Code that includes the following:

1. A public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:
a. Private youth membership organizations or clubs,
b. Social service teenage club facilities,
c. Video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or
d. Similar amusement park facilities.

The public or private facility must be used for youth activities at least 60 percent of the time in a calendar year.

2. A youth center shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

12.300.030 Prohibitions
Except as expressly authorized pursuant to this Title 12, all commercial cannabis activity is prohibited in the City.

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1 12.300.040 Permits and approvals required.

A. Conditional Use Permit. Every property for which a commercial cannabis operation is proposed to be established, maintained, operated, or conducted in the City shall obtain a conditional use permit pursuant to Chapter 12.112.

B. Commercial Cannabis Operator Permit. Every person who proposes to establish, maintain, operate, or conduct a commercial cannabis operation in the City shall obtain a commercial cannabis operator permit pursuant to Chapter 4.70. A commercial cannabis operator permit shall not be issued until a conditional use permit has been obtained by the commercial cannabis operation.

C. Business License. Every person who proposes to establish, maintain, operate, or conduct a commercial cannabis operation in the City shall obtain a business license.

D. State License. Every person who proposes to establish, maintain, operate, or conduct a commercial cannabis operation in the City and every property for which a commercial cannabis operation is proposed to be established, maintained, operated, or conducted shall obtain all state licenses for the activity to be conducted.

E. Operations Plan. Before commencing a commercial cannabis operation, the business shall submit an operations plan to the Director for approval by the Director. The operations plan shall address the following: the security measures that will be implemented to protect the customers and employees as well as the general community; water preservation; financial record keeping; procedures for safely and securely storing and transporting cannabis and cannabis products, and any hazardous materials that may be used by the business; how currency will be stored and taken off-site; any other information requested by the Director.

F.Duty to Maintain Copies of All Permits, Licenses, Permits and Conditions of Approval. A copy of the conditional use permit, commercial cannabis operator permit, business license, State License or other permit or license required by the City, County, or State for the establishment of a commercial cannabis operation shall be maintained on site along with all conditions of approval associated thereof. Such permits may be inspected from time to time by City, County or State representatives or law enforcement personnel and shall be furnished immediately upon request. The on-site manager, in addition to the property owner, business owner, or representative shall be responsible for ensuring compliance with all applicable codes, permits, licenses, and conditions of approval.

12.300.050 Compliance with State and Local Laws and Regulations.

It is the responsibility of the owners and/or operators of any commercial cannabis operation within the City to ensure that the business operates in a manner compliant with this Chapter, all applicable State and local law, and any other regulations promulgated thereunder, including but not limited to the MAUCRSA and regulations promulgated the Department of Cannabis Control.

12.300.060 Additional Procedures and Findings for Approval of Conditional Use Permit for Cannabis Operations.

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1 A.A conditional use permit for any cannabis operation shall be processed in accordance with the procedures set forth in Chapter 12.112, Conditional Use Permits, with the following revisions:

1. The Planning Commission shall be the recommending body with the City Council being the final approving authority on which commercial cannabis operations obtain a conditional use permit.

2. In addition, to the findings set forth in Section 12.112.050, the Planning Commission and City Council must make the following findings:
a. Whether the use would fully comply with the operational regulations set forth in Chapter 4.70;
b. Whether the use would enhance the economic viability of the area in which it is proposed to be located;
c. Whether the applicant has adequately addressed potential community benefits of the use to offset the potential adverse impacts; d. The extent of the support or opposition to the proposed use and location from members of the community;
e. The extent to which the proposed use would cause a further overconcentration of the particular type of commercial cannabis operation in the area; f. The background and history of the applicant, including the nature and extent of problems on any premises where the applicant has operated a commercial cannabis operation in the past;
g. Whether there is a history of police or crime-related problems in the vicinity of the proposed location; and
h. Whether the proposed use would enhance recreational or entertainment opportunities in the area.

B.Any conditional use permit for a cannabis operation shall comply with the California Environmental Quality Act ("CEQA"). No conditional use permit for any cannabis operation shall be granted until the requisite CEQA review has been conducted.

12.300.070 Development Standards.

All commercial cannabis operations shall comply with the following requirements, and the following applicable requirements of this Section shall be deemed conditions of all cannabis conditional use permit approvals. The Planning Commission and/or City Council may also impose any other development standards that do not conflict with the standards set forth below.

Failure to comply with applicable requirement contained in this Code shall be grounds for revocation of any permit issued in compliance with this Code.

A.Underlying Zone Standards. The establishment of a commercial cannabis operation shall comply with all applicable City zoning site development standards of the zone in which the commercial cannabis operation is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the City, except as explicitly modified by this chapter. Non-conforming uses or properties must be brought into

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1 conformity with all applicable standards including, but not limited to, parking, landscaping, and signage.

B.Permitted Locations. Commercial cannabis operations shall only be permitted in the following zones:

1. Cannabis retailers shall be permitted only in:
a. The following Transit Corridors Plan areas: (i) the Central Business District (CBD), (ii) the Transit Oriented Development - Medium Density Mixed-Use District (TOD-1), (iii) the Transit Oriented Development - High Density Mixed- Use District (TOD-2), (iv) Planned Development District (P-D) for Mills Park, and (v) Planned Development District (P-D) for 111 San Bruno Avenue. b. The Multi Use - Residential Focus District (MX-R)
c. The Planned Development District P-D) for the Shops at Tanforan Mall.

2. One cannabis distribution facility shall be permitted only in the M-1 zone and limited to the geographic area located north of San Bruno Avenue and east of El Camino Real.

C.Maximum Number. A maximum of four commercial cannabis operations shall operate in the City, with any combination of cannabis retailers (up to three) or cannabis distribution facilities (up to one) as long as the total number does not exceed four.

D.Proximity to Sensitive Uses. No commercial cannabis operation shall be established or located within 600 feet of sensitive uses. The distance between any commercial cannabis operation and any sensitive uses shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the nearest property line of the site containing the commercial cannabis operation to the nearest property line of the sensitive uses.

In the case of The Shops at Tanforan, the distance shall be measured from the perimeter of any individual lease space or store.

12.300.080 Cannabis Distribution Facility.

A. Transportation safety standards, in addition to those imposed by the State of California, shall be approved by the Director including without limitations, the type of vehicles in which cannabis or cannabis product may be distributed, and minimal qualification for persons eligible to operate such vehicles.

B. A list of the make, model and license plate of all vehicles used for distribution shall be registered with the Police Department before a vehicle may be used to transport cannabis and cannabis products.

C. A person conducting distribution shall comply with requirements of Business and Professions Code Section 26070 (sections c through n, inclusive), as the same may be amended from time to time.

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1 D. No cannabis distribution facility shall conduct or permit to be conducted any retail sales of cannabis or cannabis goods or services to the general public on or from the business site.

12.300.090 Cannabis Retailers.

A. A cannabis retailer shall have a building with a main entrance that is clearly visible from the public street, sidewalk, or public parking lot. Inside of the main entrance, there shall be a lobby or other receiving area satisfactory to the City to receive persons into the site and to verify whether they are allowed in the retail customer areas. All entrances into the building shall be secured at all times with entry controlled by the cannabis retailer’s managers and staff.

B. If the cannabis retailer will conduct sales by delivery, each building shall have an area designed for the secure transfer of cannabis from the business to the delivery vehicle. Delivery drivers shall be accompanied by a security escort during the transfer of cannabis from the business to the delivery vehicle.

C. Each building that will be used for storing cannabis or cannabis products as part of cannabis retailer shall have adequate storage space separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis retailer.

D. Cannabis retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not a juvenile. Cannabis retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.

E. Individuals must show their government-issued identification in order to gain access into the cannabis retailer. A cannabis retailer shall only sell cannabis and cannabis products to individuals who are at least 21 years of age.

F. Cannabis retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the cannabis retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.

G. All restroom facilities shall remain locked and under the control of management.

H. The cannabis retailer shall notify patrons of the following through posting of a sign in a conspicuous location:

1. Secondary sale, barter or distribution of cannabis is a crime and can lead to arrest.

2. Loitering on and around the cannabis retailer is prohibited by California Penal Code § 647(e) and patrons must immediately leave the site after purchasing cannabis or cannabis goods and not consume cannabis in the vicinity of the cannabis retail site or on the property or in the parking lot.

3. A warning that patrons may be subject to prosecution under federal cannabis laws.

4. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery.

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1 I. Cannabis retailers shall only serve customers who are within the permitted premises, or at a delivery address that meets the following requirements:

1. The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises.

2. Cannabis retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle.

3. No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.

4. All cannabis goods sold by a retail business shall be contained in child-resistant packaging.

J. Cannabis retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.

K. Prior to commencing delivery operations, a cannabis retailer shall provide the following information to the City:

1. Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.

2. The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.

3. Proof of insurance for any and all vehicles being used to deliver cannabis goods.

4. The cannabis retailer shall provide the City with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods. The cannabis retailer shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days.

12.300.100 Security.

A. A commercial cannabis operation shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis operation. The specific security measures shall be identified in the operations plan. Except as may otherwise be determined by the Director these security measures shall include, but shall not be limited to, all of the following:

1. Perimeter fencing and exterior lighting systems (including motion sensors) for after-hours security as approved by the Director were applicable.

2.Preventing individuals from remaining on the premises of the commercial cannabis operation if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis operation. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the Police Department.

3.Establishing limited access areas accessible only to authorized commercial

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1 cannabis operation personnel.

4.All finished cannabis goods at a commercial cannabis operation shall be stored in a secured and locked vault or vault-equivalent during non-operating hours. All safes and vaults used to store cash and/or cannabis goods shall be burglary-resistant and fire-resistant.

All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss.

5.Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.

6.Panic buttons shall be installed with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.

7. A professionally installed, maintained, and monitored real-time alarm system shall be installed by a security company licensed by the State of California Bureau of Security and Investigative Services. The commercial cannabis operation shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises.

8. A commercial cannabis operation shall only use commercial-grade, nonresidential door locks.

9. Any security measures, such as bars, installed on the windows or the doors of the commercial cannabis operation shall be installed only on the interior of the building.

10. Security personnel shall be on-site 24 hours a day and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the Police Chief, with such approval not to be unreasonably withheld.

11. A commercial cannabis operation shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

12. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the commercial cannabis operation; or (b) a licensed security professional.

13. Each commercial cannabis operation shall have an accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable.

14. Each commercial cannabis operation shall demonstrate to the Police Chief, City Manager or their designees, compliance with the state’s track and trace system for cannabis and cannabis products.

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1 15. Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.

16. Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.

17. Installation of “mosquitos” (high-pitch frequency devices) as a deterrent to vandalism/loitering.

B. The commercial cannabis operation shall install a 24-hour security video surveillance cameras of at least high-definition (HD) quality with a night vision capability, and must record in color. The video surveillance system shall meet the following requirements and shall be included in the operations plan:

1. All entrances and exits to and from the commercial cannabis operation must be monitored by the video surveillance system. All entrances and exits to the commercial cannabis operation shall be recorded from both indoor and outdoor vantage points.

2. For cannabis retailers, all interior spaces within the commercial cannabis operation which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur must also be monitored by the video surveillance system.
3 All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions.

4. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis operation and shall be capable of enlargement via projection or other means.

5. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the operations plan.

6. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 90 days. The video surveillance system specifications must be set forth in the operations plan before the City issues a certificate of occupancy for the facility.

7. All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the commercial cannabis operation of any prolonged surveillance interruption and/or the complete failure of the surveillance system.

8. A commercial cannabis operation is responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored area. All video surveillance equipment shall have sufficient battery backup to support a minimum of 4 hours of recording in the event of a power outage.

9. Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any

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1 individual and activities at the commercial cannabis operation.

10. The video surveillance system shall be capable of recording all pre-determined surveillance areas in any lighting conditions.

11. Areas in which cannabis is stored shall have camera placement in the room at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.

12. Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur.

13. At least one camera must be dedicated to record the access points to the secured surveillance recording area.

C. Each commercial cannabis operation shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the City Manager regarding any security related measures and/or operational issues. The designated security representative/liaison shall maintain a copy of the current operations plan, that shall include a security plan, on the premises of the business, to present to the City Manager upon request that meets the following requirements:

1. Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.

2. Identifies all managers of the commercial cannabis operation and their contact phone numbers.

3. Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the Manager’s office.

4. Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.

5. Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the commercial cannabis operation, the parking lot, any adjacent property under the commercial cannabis operation’s control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.

D. The commercial cannabis operation shall cooperate with the City whenever the City Manager makes a request to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.

E. A commercial cannabis operation shall notify the City Manager within twenty-four (24) hours after discovering any of the following:

1. Significant discrepancies identified during inventory. The level of significance shall

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1 be determined by the regulations promulgated by the City Manager.

2.Diversion, theft, loss, or any criminal activity involving the commercial cannabis operation or any agent or employee of the commercial cannabis operation.

3.The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the commercial cannabis operation.

4.Any other breach of security.

12.300.110 Additional Performance Standards.

A. Restriction on Alcohol and Tobacco Sales or Consumption. A commercial cannabis operation shall not allow the sale, dispending, or consumption of alcoholic beverages or tobacco on the premises of the commercial cannabis operation.

B. Restriction on Cannabis Consumption. A commercial cannabis operation shall not allow the consumption of cannabis or cannabis products on the premises of the commercial cannabis operation.

C. Graphics. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of the commercial cannabis operation, or on any of the vehicles owned or used as part of the commercial cannabis operation.

D. Storage. No outdoor storage of cannabis or cannabis products is permitted at any time.

E. Emergency Contact. Each commercial cannabis operation shall provide the City Manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.

F. Signage and Notices.

1. In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis operation shall conform to the requirements of Chapter 12.104, including, but not limited to, seeking the issuance of a City sign permit.

2. No signs placed on the premises of a commercial cannabis operation shall obstruct any entrance or exit to the building or any window.

3. Each entrance to a commercial cannabis operation shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis operation is prohibited.

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1 4. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis operation shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis operation or elsewhere including, but not limited to, the public right-of-way.

5. Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time.

G. Cleanliness. All exterior areas of any commercial cannabis operation, including the building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.

H. Lighting. A commercial cannabis operation shall comply with the City's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed. The commercial cannabis operation shall ensure that minimum lighting levels in exterior building and parking lot areas are adequate for the safe operation of vehicles and other modes of travel. A commercial cannabis operation shall submit an exterior lighting plan that includes a photometric survey of proposed light standards, heights, fixtures, light sources, spacing and shielding.

I. Noise. A commercial cannabis operation shall comply with all applicable standards of Chapter 6.16.

J. Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis operations to ensure that odors from cannabis are not detectable off-site.

Commercial cannabis operations shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis operation that is distinctive to its operation is not detected outside of the commercial cannabis operation, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis operation. Failure to control odors from being detectable from outside the commercial cannabis operation shall constitute a public nuisance and shall be grounds for suspension or revocation of the cannabis conditional use permit. As such, commercial cannabis operations must install and maintain the following equipment, or any other equipment which the Director or his/her designee(s) determine is a more effective method or technology:

1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; and

2. An air system that creates negative air pressure between the commercial cannabis operation’s interior and exterior, so that the odors generated inside the commercial cannabis operation are not detectable on the outside of the commercial cannabis operation.

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1 K. Management. A manager with operational authority shall be on the premises during all times the use is operating and must be included on the associated commercial cannabis operation permit.

L. Cannabis Waste. All waste and disposal containers shall be stored in a secure area, and under the control of the commercial cannabis operation’s staff.

M. Windows. All windows of the commercial cannabis operation shall be secured.

N. Copies of State Permits. The applicant shall provide the City with copies of all applications, plans and security plans submitted to the State for a State License.

O. Parking. On-site parking shall be provided as determined by the Director based on the operation of the facility.

P. The Planning Commission and/or City Council may also impose any other performance standards that do not conflict with the standards set forth in this chapter.

12.300.120 Promulgation of Regulations, Standards and Other Legal Duties.

A.In addition to any regulations adopted by the City Council, the City Manager is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of conditional use permits, the ongoing operation of a commercial cannabis operation and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter.

B.Regulations shall be published on the City’s website.

C.Regulations promulgated by the City Manager shall become effective upon date of publication. Commercial cannabis operations shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.

12.300.130 Limitations on City’s Liability.

A. To the fullest extent permitted by law, the City does not assume any liability whatsoever, with respect to approving any permit pursuant to this chapter or the operation of any commercial cannabis operation approved under to this chapter.

B. As a condition of approval of a permit as provided in this chapter, the applicant or its legal representative shall do the following:

1. Execute an agreement indemnifying the City from any claims, damages, injuries, or liabilities of any kind associated with the operation of the commercial cannabis operation, issuance of a permit to a commercial cannabis operation, or the prosecution of the commercial cannabis operation or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws;

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1 2. Maintain insurance in the amounts and of the types that are acceptable to the City Manager or designee; and

12.96 (Establishment of districts) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to read as follows, with additions shown in underlined text, with the remainder of Section 12.96.150 remaining unchanged:
“C. Conditional Uses. Conditional uses, conducted entirely within an enclosed structure, subject to obtaining a use permit and architectural review permit, are as follows:

1. Industrial and manufacturing uses that may be obnoxious by reason of the emission of dust, odor, noise, glare or other nuisance, including uses such as the following:
a. Auto-related uses such as vehicle repair and maintenance and gas and service stations;
b. Auto wrecking;
c. Building materials;
d. Contractor yards;
e. Manufacture, handling, or storage of dangerous materials; f. Lumberyards;
g. Any use which in the opinion of the planning commission is similar to the above conditional uses.
h. Firearm dealers, subject to the limitations set forth by Section 6.08.070(H). i. Cannabis distribution facilities subject to the provisions of Chapters 4.70 and

12.300.”
Section 4. Subsection C of Section 12.96.190 (P-D planned development district.) of Chapter 12.96 (Establishment of Districts) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to read as follows, with additions shown in underlined text, with the remainder of Section 152.96.190 remaining unchanged:

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1 “C. 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 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). Notwithstanding the foregoing, cannabis retailers are a conditionally permitted use in a P-D district, provided the cannabis retailer obtains the necessary permits pursuant to Chapters 4.70 and 12.300.” Section 5. Table 12.280-1: Permitted Uses in Mixed-Use Zoning Districts of Section

12.280.020 (Permitted Uses.) of Chapter 12.280 (Mixed-Use Zoning Districts) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to add new lines under “Commercial Uses” to read as follows, with the remainder of Table 12.280-1 remaining unchanged:

Land Uses CBD TOD-S TOD-1 TOD-2 CC MX-R
Commercial Uses C4 - C4 C4 - C4
Cannabis retailer
Footnote 4: Subject to obtaining the necessary permits pursuant to Chapters 4.70 and

12.300.

Section 6. This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it is not a project and there is not a possibility that the ordinance may have a significant effect on the environment.

Section 7. 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 8. This Ordinance shall take effect and be in force 30 days after its adoption.

Section 9. The City Clerk shall publish this Ordinance according to law. _________________________
Rico E. Madina, Mayor
ATTEST:

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1 ________________________
Vicky Hasha, Deputy City Clerk

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

AYES: COUNCILMEMBERS:________________________________
NOES: COUNCILMEMBERS:________________________________
ABSENT: COUNCILMEMBERS:________________________________ RECUSE: COUNCILMEMBERS:________________________________ _________________________
Vicky Hasha, Deputy City Clerk

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AMENDED 9/26/2022

ORDINANCE NO. _______

AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING TITLE 3 (REVENUE AND

FINANCE) OF THE MUNICIPAL CODE TO LOWER THE TAX IMPOSED ON CANNABIS BUSINESSES, AMENDING TITLE 4 (LICENSES AND REGULATIONS) TO ADD A NEW

CHAPTER PERTAINING TO COMMERCIAL CANNABIS OPERATOR PERMITS, AND AMENDING TITLE 6 (PUBLIC PEACE, MORALS AND WELFARE) TO ELIMINATE THE

PROHIBITION ON COMMERCIAL CANNABIS ACTIVITY IN THE CITY, AND MAKING A

FINDING OF EXEMPTION UNDER CEQA
WHEREAS, the City Council considered options for allowing for commercial cannabis operations in the city at a Study Session held on February 8, 2022. At the conclusion of the Study Session, Council directed staff to proceed with preparation of draft Municipal Code amendments and related operative procedures that would allow up to three commercial cannabis operations consisting of any combination of cannabis retailers (storefront sales) in zoning districts focused on the downtown, along portions of San Bruno Avenue and El Camino Real, and at The Shops at Tanforan, and for distribution uses in the M-1 Zone north of I-380.

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 September 27, 2022, and on said date, the Public Hearing was 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 Municipal Code amendment s regarding establishment of commercial cannabis retailers (storefront sales) and distribution operations:

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

2. This 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 to establish provisions for commercial cannabis retailer s and distribution uses 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 changes to the Municipal Code.

Section 1. Section 3.18.010 (Imposition of tax.) of Chapter 3.18 (Cannabis Business Tax) of Title 3 (Revenue and Taxation Code) of the San Bruno Municipal Code is hereby amended to read as follows, with additions shown in underlined text, with all other provisions of Chapter

3.18 remaining unchanged:

3.18.010 Imposition of tax.

A. Every person engaged in a cannabis business in the city shall pay a cannabis business tax of ten percent of gross receipts.

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B. Beginning January 1, 2023, the tax rate for cannabis businesses shall be set at five percent of gross receipts of the cannabis business, unless further amended by the City Council.

The City Council may, by further action, increase or lower the tax rate but in no event shall the tax rate be higher than ten percent of gross receipts.

Section 2. Chapter 6.58 ( Medical Marijuana Distribution Facilities .) of Title 6 (P ublic Peace, Morals and Welfare) of the San Bruno Municipal Code is hereby deleted in its entirety.

Section 3. Section 6.59.01 0 ( Definitions.) of Chapter 6.59 (Commercial Cannabis Activities) of Title 6 (Public Peace, Morals and Welfare) of the San Bruno Municipal Code is hereby amended in its entirety to read as follows, with all other provisions of Chapter 6.59 remaining unchanged:

“6.59.010 Definitions.

A. “Cannabis” (also referred to as “marijuana”) shall mean means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefr om), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.

B. “Commercial cannabis activity”
includes the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products.

C. “Indoor cultivation” shall mean cultivation inside a fully enclosed private residence as defined in Health and Safety Code Section 11362.2(b)(2).

D. “Outdoor cultivation” shall mean any cultivation that is not defined as indoor cultivation as defined in Health and Safety Code Section 11362.2(b)(2).

Section 4. Section 6.59.020 (Prohibition of commercial cannabis activities .) of Chapter 6.59 (Commercial Cannabis Activities) of Title 6 (Public Peace, Morals and Welfare) of the San Bruno Municipal Code is hereby renamed as “ Regulation of commercial cannabis activities” and is hereby amended to read as follows with additions shown in underlined text and deletions shown in strikethrough text , with all other provisions of C hapter 6.59 remaining unchanged:

“Section 6.59.020 Regulation of commercial cannabis activities.

Any commercial or industrial use involving cannabis including, but not limited to, the manufacture, processing, laboratory testing, labeling, storing, and wholesale sale of cannabis, distribution and retail is prohibited in every zoning district in the city. However, commercial cannabis uses involving retail (storefront sales) and distribution are allowed pursuant to the permitting provisions outlined in Municipal Code Chapters 4.70 and 12.300. It is unlawful for any person or entity to own, manage, conduct or operate any use involving commercial cannabis

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activity except as expressly allowed in this section as herein defined or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any such prohibited activity in the city.

Section 5. A new Chapter 4.70 is hereby added to Title 4 (Licenses and Regulations) of the San Bruno Municipal Code to read as follows:

“4.70 COMMERCIAL CANNABIS OPERATOR PERMIT

4.70.010 Purpose and intent.

It is the purpose and intent of the City Council to regulate commercial cannabis operations consistent with state law and to protect the health, safety, and welfare of the residents of the city. The regulations in this chapter do not interfere with a qualified patient’s right to obtain and use cannabis as authorized under state law, nor do they criminalize the possession or cultivation of cannabis by certain individuals as authorized under state law. Commercial cannabis operations shall comply with all provisions of the San Bruno Municipal Code, state law, and all other applicable local codes and regulations, including all applicable land use and zoning regulations imposed on commercial cannabis operations. It is neither the intent of this chapter to condone or legitimize the illegal use or consumption of cannabis under federal, state, or local law, nor to authorize the operation of a legal business in an illegal manner.

4.70.020 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings, unless otherwise specified:

Cannabis distribution facility means a business that is authorized to engage in the distribution of cannabis and cannabis products without having a cannabis retailer component.

Cannabis retailer means any establishment which engages in the retail sale of cannabis for adult-use purposes.

Cannabis Operator means an interested person who has obtained a Commercial Cannabis Operators Permit and has a commercial cannabis operation.

Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.

City Manager means the city manager and/or their designee.

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Commercial cannabis operation means a cannabis retailer or cannabis distribution facility.

Commercial Cannabis Operator Permit or permit means a permit issued by the City of San Bruno pursuant to this chapter to a commercial cannabis operation.

Conditional use permit means a zoning approval issued by the City Council pursuant to the Zoning Code to a commercial cannabis operation.

Day care center has the same meaning as set forth in Section 1596.76 of the Health and Safety Code.

Director means the Director of Community and Economic Development.

Distribution means the procurement, sale, and transport of cannabis and cannabis products between State licensed cannabis businesses.

Labor Peace Agreement means an agreement in conformity with Business and Professions Code section 26051.5 whereby the cannabis business agrees not to oppose unionization and the union (who is attempting to organize the workforce) agrees to not strike or otherwise stop work.

MAUCRSA means the Medicinal and Adult Use Cannabis Regulation and Safety Act, codified in Business and Professions Code section 26000 et seq., as the same may be amended from time to time.

Procedure Guidelines and Review Criteria means the guidelines and criteria established by resolution of the City Council pursuant to Section 7.40.090 for the City’s evaluation of cannabis operator permit applications.

School means any school providing instruction in kindergarten or any grades l through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K- 12).

Sensitive uses mean a day care center, park, school or youth center, as defined herein.

Staff means a person other than a manager who works or provides services on the site of a commercial cannabis operation, whether as an employee, contractor, or volunteer.

Youth center has the same meaning as Section 11353.1 of the Health and Safety Code that includes the following:

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devices are operated, and where minors are legally permitted to conduct business, or
d. Similar amusement park facilities.

The public or private facility must be used for youth activities at least 60 percent of the time in a calendar year.

4.70.030 Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized by this Chapter, all commercial cannabis activity is expressly prohibited in the city.

4.70.040 Compliance with State and Local Laws and Regulations.

It is the responsibility of the owners of a commercial cannabis operation to ensure that the business operates in a manner compliant with this Chapter, all applicable state and local laws, and any regulations promulgated thereunder, including but not limited to the MAUCRSA.

4.70.050 Evidence of Cannabis Operator Background Check Required.

A. Any person who is an owner or manager of a commercial cannabis operation must be legally authorized to do so under applicable state law.

B. Commercial cannabis operation owners and managers shall be required to submit to a criminal background check.

C. The City shall conduct criminal background checks which must at a minimum identify the following:
(1) Whether the owner has ever been convicted of a violent felony as defined by California Penal Code 667.5 or equivalent offenses in other states; (2) Whether the owner has ever been convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor; or
(3) Whether the owner has ever been convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code.

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D. Evidence of a conviction of any the offenses enumerated above shall be grounds for denial of a cannabis operator permit.

4.70.060 Persons Prohibited from Holding a Cannabis Operator Permit.

A. Any person, including but not limited to any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, shall not be eligible to obtain a cannabis operator permit from the City if any of the following apply:

(1) A criminal background check demonstrates the applicant has committed any of the crimes identified in Section 7.40.050(C);

(2) The applicant has been denied a cannabis license or permit, or has had a cannabis license or permit suspended or revoked by any city, county, city and county or any other state cannabis licensing authority, except if a license or permit was denied due to the fact that a limited number of licenses or permits were issued by a local jurisdiction;

(3) In the past five years, the applicant was notified by the state, county, or city that it was conducting commercial cannabis activity in violation of City ordinances, codes, and requirements, and failed to cure the violation in a timely manner;

(4) Evidence that the applicant is delinquent in payment of federal, state, or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies;

(5) The applicant, or any of the officers, directors, owners, managers, or employees of the commercial cannabis operation is under twenty-one (21) years of age;

(6) The applicant, or any of the commercial cannabis operation’s officers, directors, or owners, or any person who is managing or is otherwise responsible for the activities of the commercial cannabis operation, has been convicted of a violent felony, a felony or misdemeanor involving fraud, deceit, embezzlement, or moral turpitude;

(7) The applicant or any of the commercial cannabis operation’s officers, directors, owners, or managers is a licensed physician making patient recommendations for cannabis; or

(8) The applicant did not pay to the City the required application and processing fees.

4.70.070 Maximum Number of Authorized Cannabis Operators Permitted.

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A maximum of four commercial cannabis operations shall operate in the City, with any combination of cannabis retailers (up to three) or cannabis distribution facilities (up to one) as long as the total number does not exceed four.

4.70.080 City’s Reservation of Rights.

The City reserves the right to reject any or all applications for a cannabis operator permit. Prior to permit issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the cannabis program, or any permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any applicant submitting an application. An application may be rejected for any of the following reasons:

A. The application was received after the designated time and date of the deadline.

B. The application did not contain the required elements, exhibits, or was not organized in the required format.

C. The application did not provide all the information required in the permit application (i.e., was substantially incomplete).

D. The applicant did not comply with the requirements of this Chapter.

4.70.090 Procedure Guidelines and Review Criteria to Evaluate Cannabis Operator Applications.

A. By resolution, the City Council shall adopt Procedure Guidelines and Review Criteria for the City’s evaluation of cannabis operator permit applications.

B. The Procedure Guidelines and Review Criteria shall provide the process for soliciting applications including time frames, limitations, requirements, forms, and rules for completing applications.

C. The City Manager shall be authorized to prepare any necessary forms and adopt any necessary rules or procedures to implement the Procedure Guidelines and Review Criteria.

D. At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the application process.

E. For applicants with 20 or more employees, the applicant shall attest that the applicant will enter into a labor peace agreement and will abide by the terms of the agreement, and the applicant shall provide a copy thereof to the City. For applicants that have not yet entered into a labor peace agreement, the applicant shall provide a notarized statement indicating that within 30-days of issuance of a cannabis operator permit from the City, the applicant will enter into and abide by the labor peace agreement.

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4.70.100 Application Review Process.

A. Applications will be reviewed as provided in the Procedure Guidelines and Review Criteria.

B. The Community Development Director, or their designee, shall verify whether a proposed business location is properly zoned to allow a commercial cannabis operation to operate at the location. The Community Development Director, or their designee, shall also verify that the proposed business location meets the separation requirements from sensitive uses set forth in Municipal Code Section 12.300.070.

C. Only approved applications meeting guidelines set by City Council resolution will be eligible to participate in the final selection process which includes applying for a cannabis conditional use permit.

D. Applications shall be vetted by the City Manager and a team of his/her choice consistent with Procedure Guidelines and Review Criteria. At the conclusion of the vetting process, businesses will be issued a “pass” or “fail,” and those eligible businesses with a “pass” will advance to the City Council to determine which businesses will be permitted to apply for a
conditional use permit.

E. The City Manager shall not issue a cannabis operator permit to an applicant until the applicant has obtained a conditional use permit pursuant to Municipal Code Chapter 12.300.

4.70.110 Exercise of a Cannabis Operator Permit.

A. Each cannabis operator permit issued pursuant to this Chapter shall expire twelve (12) months after the date of issuance. A cannabis operator permit may be renewed as provided in Section 7.40.130.

B. A cannabis operator permit shall be exercised within twelve (12) months of issuance. A cannabis operator permit has been exercised when any of the following occur:
(1) A certificate of occupancy has been issued,
(2) The permitted use has commenced on the site, or
(3) A City building permit or grading permit is secured, and construction lawfully commenced.

4.70.120 Scope of Approval.

A. If a location has not been in regular and continuous operation in the preceding four (4) months, it shall be considered abandoned unless a mitigating circumstance occurred which was beyond the control of the permittee and the City Manager has authorized an extension.

B. The approval of a new use shall terminate all rights and approvals of a cannabis operator occupying the same site or location.

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4.70.130 Renewal of Cannabis Operator Permit.

A. An application for renewal of a cannabis operator permit shall be filed at least sixty (60) calendar days prior to the expiration date of the current permit.

B. The renewal application shall contain all the information required for new applications, or as otherwise required by the City Manager.

C. The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this Chapter.

D. An application for renewal of a permit shall be rejected if any of the following exists:
(1) The application is filed less than sixty (60) days before its expiration or a shorter time period which shall be at the discretion of the City Manager. (2) The permit is suspended or revoked at the time of the application. (3) The permittee has not been in regular and continuous operation in the four (4) months prior to the renewal application or the approved extension of the deadline from the City Manager.
(4) The permittee has failed to comply with the requirements of the permit, this Chapter, any regulations adopted pursuant to this Chapter, any conditions of approvals for the permit, or any conditions of approval for land use approvals in connection with the permit.
(5) The permittee fails or is unable to renew its State of California license. (6) If the State has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the cannabis regulatory permit.
(7) The permittee has failed to pay any City taxes or fees.

E. The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions on a renewal permit, if the City Manager determines such conditions to be necessary to ensure compliance with State or local laws and regulations or to preserve the public health, safety, or welfare.

4.70.140 Revocation of a Cannabis Operator Permit.

A cannabis operator permit may be revoked for any violation of any state or local laws, this Municipal Code, rules, standards, policies, procedures, regulations, or conditions of approval

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related to cannabis in this Chapter or adopted pursuant to this Chapter, and any violation of any conditions of approval of a land use entitlement issued to the cannabis operator.

4.70.150 Effect of State License Suspension or Revocation.

A. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis operation to operate within the City until the State of California or its respective department or division reinstates or reissues the State license.

B. Revocation of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis operation to operate within the City until the State or its respective department or division takes appropriate action.

Should the State revoke a license, the owner of the commercial cannabis operation may re- apply for a cannabis operator permit at such time as it can demonstrate that the grounds for revocation of the license by the State no longer exist or that the underlying deficiency has otherwise been cured.

4.70.160 Appeals.

A. Appeals relating to (1) denial of an initial application; (2) denial of advancement to apply for a conditional use permit; (3) revocation or suspension of a permit; (4) denial of renewal of an application for a permit; or (5) additions of conditions to a permit shall be conducted as prescribed in this Chapter.

B. Within ten (10) calendar days after the date of a decision of the City Manager to revoke, suspend or deny an initial or renewed permit application or to add conditions to a permit, an applicant or permittee may appeal such action by filing a “Notice of Appeal” with the City Clerk setting forth the reasons why the decision was not proper.

C. The Notice of Appeal shall be in writing and signed by the person making the appeal (“appellant”), or their legal representative, and shall contain the following:
(1) Name, address, and telephone number of the appellant. (2) Include a true and correct copy of the decision issued by the City Manager for which the appellant is appealing.
(3) State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council, or any appointed hearing officer, to understand the nature of the controversy, the basis of the appeal, and the relief requested.
(4) All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer or body to consider at the hearing.

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(5) An appeal fee as established by resolution of the City Council.

D. An appointed hearing officer or the City Council will hear appeals that address the following issues:
(1) Denial of an application for a cannabis operator permit. (2) Any deviation from the City’s published Procedure Guidelines and Review Criteria that adversely affected the applicant by altering the outcome of the City’s decision on the applicant’s application. Examples of appealable deviations are:
(a) Failure on the part of the City to provide appropriate notification regarding changes to the application process via website postings or email to the applicant prior to the time the application was submitted; (b) Failure on the part of the City to provide an applicant an equal opportunity to modify an application where that opportunity was provided to other applicants;
(3) Revocation or suspension of permit;
(4) Conditions imposed on a permit.

E. Any appeal based upon this section must be supported by evidence that the applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature or that is relevant to a question posed by the City on the application form but appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal.

F. Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the City Manager. In this event, the City Manager’s notice of decision shall be final.

G. In the event a written Notice of Appeal is timely filed, the nonrenewal, suspension, revocation shall not become effective until a final decision has been rendered and issued by the City Council or appointed hearing officer. Notices of appeal not served in a timely manner or served by non-operational business shall not serve to allow such business to operate pending appeal.

H. If no appeal is timely filed in the event of a decision of nonrenewal, the cannabis operator’s permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written Notice of Appeal.

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4.70.160 Administrative Hearing and Proceedings.

A. Review by Hearing Officer or Body; Administrative Hearing and Proceedings.

(1) Appellants who file a timely written Notice of Appeal will be entitled to an administrative hearing before a hearing officer or City Council as set forth by the City Council by resolution.
(2) Upon receipt by the City Clerk of a timely-filed Notice of Appeal pertaining to suspensions, revocations, or non-renewals of a permit the City Clerk shall forward such appeal to the City Council or hearing officer who shall schedule a hearing within thirty (30) days. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant, then the City Clerk shall schedule the appeal to be heard within forty-five (45) days or as soon as reasonably possible.
(3) The appellant listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) days before the date of the hearing.
(4) A request by an appellant or by the City to continue a hearing must be submitted to the City Clerk in writing no later than three (3) business days before the date scheduled for the hearing. The appointed hearing officer or City Council may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than thirty (30) calendar days, unless there is a stipulation by all parties to do so.

B. At the date, time and location set forth in the Notice of Appeal hearing, the City appointed hearing officer or body shall hear and consider the testimony of the appellant, City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.

C. The following rules shall apply at the appeal hearing:
(1) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
(2) The City bears the burden of proof to establish the grounds for nonrenewal, suspension or revocation by a preponderance of evidence. Appellant(s) bear the burden of proof regarding denial of an applicant’s application, or denial of permit. (3) The issuance of the City Manager’s notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation.

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(4) The hearing officer or City Council may accept and consider late evidence not submitted initially with the Notice of Appeal upon a showing of good cause. The hearing officer or body shall determine whether a particular fact or set of facts amount to good cause on a case-by-case basis.
(5) The appellant may bring a language interpreter to the hearing at their sole expense.
(6) The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
(7) If the appellant, or their legal representative, fails to appear at the appeal hearing, the appointed hearing officer or City Council, may cancel the appeal hearing and send a notice thereof to the appellant by certified, first class mail to the address(es) stated on the Notice of Appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the City Manager’s notice of decision is final and binding.

D. Final Decision. Following the conclusion of the administrative hearing, the appointed hearing officer or City Council shall issue a written decision within thirty (30) days that determines if the action appealed from is affirmed or overturned and specifies the reasons for the decision.

E. The written decision of the appointed hearing officer or City Council shall provide that it is final and conclusive and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.

F. A copy of the written decision shall be served by certified, first-class mail on the appellant. If the appellant is not the owner of the real property in which the commercial cannabis operation is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.

4.70.170 Transfer of Cannabis Operator Permit.

A. A cannabis operator shall not transfer ownership or control of the permit to another person or entity unless and until the transferee obtains an amendment to the permit from the City Manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with the provisions of this Chapter (as though the transferee were applying for an original cannabis operator permit). The proposed transferee’s application shall be accompanied by a transfer fee

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in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee). The transferee’s application will be treated as a new application, and will be evaluated according to the Procedure Guidelines and Review Criteria.

B. A cannabis operator permit issued through the grant of a transfer by the City Manager shall be valid for a period of one year beginning on the day the City Manager approves the transfer of the permit. Before the transferee’s permit expires, the transferee shall apply for a renewal permit and pay the appropriate fee in the manner required by this Chapter.

C. A cannabis operator permit shall not be transferred when the City has notified the permittee in writing that the permit has been or may be suspended or revoked.

D. Any attempt to transfer a cannabis operator permit either directly or indirectly in violation of this section is hereby declared a violation of the permit and this chapter. Such a purported transfer shall be deemed a ground for revocation of the permit.

4.70.180 Right to Occupy and to Use Property.

Prior to the City’s issuance of a cannabis operator permit pursuant to this Chapter, any person intending to open and to operate a commercial cannabis operation shall first provide sufficient evidence of the legal right to occupy and to use the proposed location. If the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the commercial cannabis operation on the owner’s property.

4.70.190 Records and Record Keeping.

A. Each owner and operator of a commercial cannabis operation shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a permit issued pursuant to this Chapter), or at any time upon reasonable request of the City, each commercial cannabis operation shall file a sworn statement detailing the number and amount of sales by the commercial cannabis operation during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per- month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each cannabis operator shall submit to the City a financial audit of the business’s operations conducted by an independent certified public accountant. A cannabis operator shall be subject to a regulatory compliance review and a gross receipts financial audit, where applicable, as determined by the City.

B. A cannabis operator shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis operation, and separately of all the officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the commercial cannabis operation. The register required by this paragraph shall be provided to the City Manager upon a reasonable request.

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C. All commercial cannabis operations shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing processes until purchase as set forth in the MAUCRSA.” Section 6. This ordinance is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) because it is not a project and there is not a possibility that the ordinance may have a significant effect on the environment.

Section 8. This Ordinance shall take effect and be in force 30 days after its adoption.

Section 9. The City Clerk shall publish this Ordinance according to law.

_________________________
Rico E. Medina, Mayor
ATTEST:

________________________
Vicky Hasha, Deputy City Clerk

APPROVED AS TO FORM

_________________________
Trisha Ortiz, Interim City Attorney

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---o0o---

I hereby certify that the foregoing Ordinance No.
________ was introduced on ____, 2022, and
adopted at a regular meeting of the San Bruno City
Council on ____, 2022, by the following vote:

AYES: COUNCILMEMBERS:________________________________
NOES: COUNCILMEMBERS:________________________________
ABSENT: COUNCILMEMBERS:________________________________

RECUSE: COUNCILMEMBERS:________________________________

_________________________
Vicky Hasha, Deputy City Clerk

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1 Attachment 3

CITY OF SAN BRUNO

APPLICATION PROCEDURES AND GUIDELINES FOR

COMMERCIAL CANNABIS OPERATORS PERMIT
Information regarding the Commercial Cannabis Operators Permit (CCOA) Application process for Storefront Sales or Distribution uses can be found on the City’s website at www.sanbruno.ca.gov and includes the following:
 California state regulations and resources  Application Procedures and Guidelines  San Bruno Municipal Code (SBMC)
 Commercial Cannabis Operators
Permit Application
 Background check application and Live Scan
form(s)
The application period to apply for a permit to operate a CCOP in San Bruno will open on ___, 2022, and will close at 4:00 p.m. on ___, 2022. Applications will be available from the Community and Economic Development Department located at 567 El Camino Real, San Bruno, CA 94066. Applications must be submitted to the Community and Economic Development Department prior to the deadline.

Incomplete and late applications will not be accepted.

Applicants should monitor the City’s web page for any additional information, FAQ’s, or updates. It is the responsibility of the Applicant to stay informed of this information.

APPLICATION INQUIRIES AND APPOINTMENTS
City staff will not be meeting with applicants or their representatives prior to the application deadline. All questions related to application submission, or the review process should be submitted in writing to the Community and Economic Development Director. Please also consult the F.A.Q. document posted on the City’s cannabis website.

CITY’S RESERVATION OF RIGHTS
The City reserves the right to reject any and/or all applications in accordance with the San Bruno Municipal Code (SBMC) and these procedures and guidelines. The City may modify, postpone, or cancel the application period or review process for CCOP applications without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any candidate applying. Late or incomplete applications at the time of application closing will be rejected. Furthermore, an application RISKS BEING REJECTED for the following reasons:
It is not fully responsive to this request for a CCOP application. It exceeds a collective application page limit of 300 pages within a PDF. If the application fails to respond to the Review Criteria as noted in the SBMC and this application packet.
The issuance of a CCOP permit at the proposed location would be inconsistent with State law, or other applicable provisions of the SBMC.

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2 APPLICATION PROCESS
Before submitting, review your application in its entirety to ensure that it is complete and accurate.

Review the information regarding the CCOP application on the City’s website: www.sanbruno.ca.gov The following procedures outline the application evaluation and selection process, required materials, and other information necessary to apply for a permit to operate a CCOP in San Bruno.

CCOP APPLICATION SUBMITTAL REQUIREMENTS
All required CCOP Application materials must be submitted together prior to the application deadline.

Applicants must hand-deliver one (1) signed original CCOP Application and one (1) USB flash drive containing a scanned copy of the complete, signed CCOP Application (PDF format).

Please Note: Responses to the Review Criteria (Appendix A of this document) shall be limited to 300 pages. Those responses should be saved in a PDF file that is separate from the Review Criteria (see below). All materials must be submitted in both hard copy and on a USB flash drive in a PDF format, in the following files:
PDF File #1 – CCOP Initial Application with authorized signatures PDF File #2 – Review Criteria responses
PDF File #3 – Background Check documentation (All required documents for each owner; Board of Directors; and person(s) who will control, direct, or manage the operations of the facility). Upon submission of the online background check application, applicants will receive an email confirmation. This confirmation needs to be printed, scanned, and included within PDF File #3. PDF File #4 – Proof of Capitalization (All bank statements, loan documents, promissory notes, and, financial and commitment letters)
PDF File #5 – A signed and notarized Property Owner Consent form, Lease Agreement, or a “Letter of Intention” to Lease.

BACKGROUND CHECK
Each Owner, as defined in the San Bruno Municipal Code, must undergo a criminal history background check to demonstrate that they do not provide “good cause” for denial per the SBMC. Owners who do not meet the criminal history eligibility requirements of SBMC will be disqualified. Background check information can be found online at www.___. In addition, each successful applicant/owner will be asked to submit to a Live Scan prior to permit issuance in order to complete the background check process.

This will require the owner(s) to submit fingerprints to the city. The process will be conducted by the San Bruno Police Department, which will submit the Live Scan to the DOJ/FBI to review for criminal offender record information (CORI). The CORI reports will be provided to the City for the sole purpose of determining eligibility for operating a CCOP. Each applicant/owner’s primary contact will be notified by email with the instructions on how to schedule the Live Scan appointment after the City determines which applicant(s) will be awarded a CCOP. There will be a fee for a provisional background check. Successful applicants will also be subject to a separate Live Scan fee.

FEES
All applicants will be required to submit a deposit based on the current fee schedule for the City of San Bruno for each Storefront Sales and Distribution CCOP application. Time spent by City staff and any City consultant in reviewing applications and administrating the application process will be tracked and charged against this amount. The deposit amount is based on the preliminary cost analysis; however, applicants are advised that they may be required to post an additional deposit, if necessary, for the City

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3 to complete the application review processes. The provisional background check is a separate fee of $___ per owner and is due when requesting a criminal background check through the city website.

Successful applicants will be subject to a Live Scan fee of $___ per owner and is due upon request of the City. Please note the City will not accept cash or credit cards. Application fees are non- refundable. However, any remaining deposit balance that is unused as a result of the applicant not participating in any phase of the application process will be returned to the Applicant.

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4 APPLICATION REVIEW, SCORING AND SELECTION PROCESS

SELECTION PROCESS
PHASE I: DETERMINATION OF ELIGIBILITY
Applications must be submitted in their entirety, no later than ___, 2022 at 4:00 p.m. LATE APPLICATIONS WILL NOT BE CONSIDERED. Upon receiving a complete application, the City will review the application in its entirety using the Application Submittal checklist on Page 1 of the CCOP Application. Applications that meet the minimum eligibility requirements will be forwarded to the Consultant for Phase II (Application Evaluation and Initial Ranking). If the City determines in the initial screening that an application does not meet minimum eligibility requirements, the applicant shall be notified in writing that the application has been denied. Within five (5) business days of the date of the decision, an applicant may file a request for immediate reconsideration.

PHASE II: APPLICATION COMPLETENESS DETERMINATION
Applications will be reviewed by City staff to determine if the application submittal package is complete. If the application is determined to be incomplete, the City shall provide written notice to the applicant and owner advising what information is required. The applicant shall have fourteen (14) days from City provision of the incompletion notice to file the required information. Failure to provide the required materials within this timeframe shall result in the City’s disqualification of the CCOP application from further consideration in the application review.

PHASE III: APPLICATION EVALUATION AND SCORING
Applications will be reviewed by a team of City staff representing the Community and Economic Development, Fire and Police Departments, and based on the criteria explained below. As instructed, responses to the Review Criteria must be saved in PDF File #2. See APPENDIX A for a description of the Review Criteria:
1) Business Plan
2) Labor and Community Benefit Plan
3) Neighborhood Compatibility Plan & Odor Control Plan
4) Safety and Hazardous Materials Plan
5) Security Plan
6) Location and Site Plans
Applicants will not be allowed to resubmit information that is determined to be missing or deficient during the Phase III review. Those applications which are determined to provide complete information which address all health and safety concerns in Phase III will move on to Phase IV of the application process.

PHASE IV: SELECTION BY THE CITY COUNCIL
Those CCOP Applications that have been cleared as part of Phase III process will be forwarded to the City Council for review and consideration. The City Council will hold a publicly noticed meeting to initially select up to three (3) CCOP applicants for retail establishments and one for a distribution establishment.

If there are less than 3 initial submittals, the City Council may open the CCOP process again at any time in the future. At which time there are fewer than three approved retail CCOP’s and fewer than one distribution CCOP, the City Council may open the CCOP application process to receive additional applications.

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5 PHASE V: CITY FINAL DETERMINATION AND ISSUANCE OF CCOP LICENSE Operators selected by the City Council will be eligible to receive a CCOP permit after receiving Planning Commission approval of a Conditional Use Permit.

However, the City reserves the right to award a lesser number of CCOP permits or to award no permits at all.

CONTACT
If you have any questions or would like an update on the status of your application, please contact the Community and Economic Development Department at (650) 616-7058, or by email at: ____.

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6 APPENDIX A: DESCRIPTION OF REVIEW CRITERIA
All of the following information must be submitted on a USB flash drive in PDF format (please do not submit any documents in Word format) when the application is initially filed for consideration. Responses to the Review Criteria shall be limited to 300 pages.

REVIEW CRITERIA

1. BUSINESS PLAN

1.1. Owner qualifications. Resumes are not to exceed two (2) pages per owner.

1.2. A budget for construction, operation, and maintenance, compensation of employees, equipment costs, utility cost, and other operation costs.

1.3. Proof of capitalization in the form of documentation of cash or other liquid assets on hand, Letters of Credit, or other equivalent assets.

1.4. Proof of corporation status.

1.5. Tax compliance.

1.6. Proof of insurance (required prior to City approval of the CCOP).

1.7. Financial pro forma and budget for at least three years of operation.

1.8. Fully describe hours of operation, and opening and closing procedures.

1.9. Describe the day-to-day operations per license type:

1.9.1. Additional criteria for Storefront Sales applications only:
a. Describe customer check-in procedures.
b. Identify location and procedures for receiving deliveries during business hours. c. Identify the name of the point-of-sale system to be used and the number of point-of-Sale locations.
d. Estimate the number of customers to be served per hour/day. e. Describe the proposed product line to be sold and estimate the percentage of sales of flower and manufactured products.
f. If proposed, describe delivery service procedures, number of vehicles and product security during transportation.

2.LABOR AND COMMUNITY BENEFITS PLAN

2.1. Describe whether the CCOP is committed to offering employees a living wage.

2.2. Briefly describe benefits provided to employees such as health care, vacation, and medical leave, to the degree they are offered as part of employment.

2.3. Describe compensation to and opportunities for continuing education and employee training.

2.4. Describe the extent to which the CCOP will be a locally managed enterprise whose owners and/or managers reside, own a commercial business, or operate a non-profit within the City of San Bruno.

2.5. Describe the expected number of employees, title/position, and their responsibilities.

2.6. In addition to the hiring of San Bruno residents, describe any other proposed community benefit programs or provisions (which may include, though not be limited to, donation of equipment and supplies to San Bruno youth programs, provision of park equipment, etc.) related to the proposed commercial cannabis operation.

3.NEIGHBORHOOD COMPATIBILITY PLAN (AND ODOR CONTROL PLAN)

3.1. Describe how the CCOP will proactively address and respond to complaints related to noise, light, odor, litter, and, vehicle and pedestrian traffic and on-site and/or on-street parking.

3.2. Describe how the CCOP will be managed so as to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.

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7 3.3. Describe odor mitigation practices.

3.4. Identify potential sources of odor and odor mitigation practices.

3.5. Describe odor control devices/equipment and techniques employed to ensure that odors from cannabis are not detectable beyond the licensed premises.

3.6. Describe all proposed system maintenance.

3.7. Describe the waste management plan. This should include handling and disposal of any unused or unsold cannabis products.

4.SAFETY AND HAZARDOUS MATERIALS PLAN

4.1. The Safety Plan should consider all possible fire, medical, and hazardous situations, and shall be prepared and/or assessed by a professional fire prevention and suppression consultant. Complete policy/procedures manuals are not required with the initial application materials but may be requested by the City during the application evaluation process. Please describe each of the following:

4.1.1. Types, amounts, use and storage/transport details for any hazardous material to be used as part of project operations.

4.1.2. Accident and incident reporting procedures.

4.1.3. Evacuation routes.

4.1.4. The location of fire extinguishers and other fire suppression equipment.

4.1.5. Procedures and training for all fire and medical emergencies.

5.SECURITY PLAN*

5.1. The Security Plan should consider all access control, inventory control, cash handling procedures, and shall be prepared and/or assessed by a professional security consultant. Complete policy/procedures manuals are not required to be submitted with the initial application materials but may be requested by the City during the application evaluation process. Please describe each of the following:

5.1.1. Premises (Security) Diagram. Applicants shall submit a premises diagram (or site plan) which focuses on the proposed security measures and how they relate to the overall business. (This is identical to the state requirement for such a diagram contained in CCR Title 16, Division 42, § 5006.

Premises Diagram).
a. The diagram shall be accurate, dimensioned and to scale (minimum scale ¼”). The scale may be smaller if the proposed location exceeds more than a 1/2-acre parcel but must not be printed on larger than an 11” x 17” sheet of paper. (Blueprints and engineering site plans are not required to be submitted with the initial application materials but may be requested by the City during the application evaluation process)
b. The diagram must be drawn to scale and clearly identify property boundaries, entrances, exits, interior partitions, walls, rooms, windows, and doorways, as well as lighting plans for proposed exterior and interior lighting that will be used to help in providing necessary security lighting for the site. The activity in each room and the location of all cameras must be identified in the diagram.
c. The diagram must describe cannabis activity that will be conducted in each area of the premises.

Commercial cannabis activities that must be identified on the diagram/site plan include the following, if applicable to the business operations: storage areas, batch sampling areas, loading/unloading of shipment areas, packaging and labeling areas, customer sales areas, training areas, employee break room areas, extraction areas, infusion areas, processing areas, and testing areas.
d. The diagram must include limited-access areas, defined as areas in which cannabis goods are stored or held and only accessible to the permittee, or its employees or contractors and areas used for video surveillance monitoring and storage devices

5.1.2. Number, types and locations of all video surveillance cameras.

5.2. Identify the intrusion alarm and monitoring system including the name and contact information for the

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8 monitoring company (if the company has been selected).

5.3. Briefly describe cash handling procedures.

5.4. Discuss whether the CCOP will utilize the services of on-site security guards. Include in the discussion:

5.4.1. Number of guards.

5.4.2. Hours guards will be on-site.

5.4.3. Locations at which they will be positioned.

5.4.4. Guard roles and responsibilities.
* Security Plans will not be made public. (See Government Code Section 6254(f)).

6.LOCATION AND SITE PLANS

6.1. The application shall include a thorough description of the proposed CCOP location, including but not limited to the overall property, building, and floor plan.

6.2. The application shall include at least one (1) photograph of the building frontage or street view of the vacant parcel.

6.3. Premises (Site) Diagram for each proposed location. In addition to the Premises (Security) Diagram, applicants shall submit a premises/site and building floor plan diagram that focuses on the overall property and building(s). This diagram should show the parcel and adjoining or neighboring buildings that may be affected by the CCOP.

6.3.1. A Premise (Site) Diagram must be accurate, dimensioned and to-scale (minimum scale of ¼”). The diagram shall provide a detailed description of all available/shared parking spaces, driveway locations, and auxiliary buildings on the parcel. (Blueprints and engineering site plans are not required to be submitted with the initial application but may be requested by the City during the application evaluation process. Security features are not required for this section.)

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Local Ordinance Comparisons
City/County Current Permittable
Cannabis Licenses
License Required Required Setbacks to Sensitive Areas
Brisbane Retail (Delivery-only),
Distribution,
Manufacturing,
Testing Lab
Use Permit in specified
zones
By-right Lab Testing in specified zones.

Daly City Retail, Retail (Delivery-
only), Testing Lab
Retailers permitted within
designated Eligibility Zones
Permitted Lab Testing allowed in any commercial or industrial zone.

Half Moon
Bay
Nursery Permitted in specified zones Buffer of 1,000 feet from Sensitive Uses: School grades 1-12, Day Care Center, Youth Center.
Minimum 200-foot setback between Nursery on premises and any parcel with residential use/zoning.
Minimum 200-foot setback between Nursery and parcel boundary along Highway 1.

Pacifica Retail, Manufacturing,
Testing Lab
Use Permit in specified
zones
Minimum 600-foot setback from existing school or youth center. Minimum 200-foot setback from existing day care centers.

Redwood
City
Retail, Retail (Delivery-
only) Nursery
Use Permit/Business Permit
in specified zones
Minimum 600-foot setback between operation and: schools, child care facilities (excluding large/small family child care home), public parks, youth centers, and Libraries.

San Carlos Manufacturing,
Distribution, Testing
Lab, Retail (Ancillary),
Microbusiness
Use Permit in specified
zones
Minimum 600-foot setback between operation and: schools, day care home, recreational centers, public parks, youth centers, and Libraries (CA Sec. 11362.768).

San Mateo
(City)
N/A N/A There is not enough online data and information to make conclusions for the City of San Mateo.

South San
Francisco
Retail (Delivery-only),
Manufacturing, Testing
Lab, Distribution,
Cultivation (Indoor)
Use Permit in specified
zones
Minimum 600-foot setback between operation and: schools, day care centers, and youth centers.

San Mateo
(County)
Cultivation, Nursery Use Permit in specified
zones
Minimum 600-foot setback between operation and: schools, day care center, recreational centers, public parks, youth center/playground, and alcohol/drug treatment facility.
Minimum 300-foot setback between Cultivation (excluding Nurseries) and existing residential/business structures on surrounding properties.

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Jurisdictional Comparison of Local Cannabis Business Taxes Rates Effective September 2022
Type of Tax Brisbane Daly City Half Moon Bay Pacifica Redwood City San Bruno San Carlos Averages All Operations 10%* 6.0% 4.0% 10.0% 10%* 6.7%
Retail 3.0% 6.0% 2.0% 3.7%
Distribution 1.0% 3.0% 2.5% 2.2%
Cultivation 2.5% 2.5%
Manufacturing 3.0% 4.0% 2.5% 3.2%
Testing 1.0% 2.5% 1.0% 1.5%
Other Cannabis Operations 1.0% 4.0% 2.5% 2.5%
*Tax rates not yet imposed on any businesses
Type of Tax Berkeley Hayward Campbell San Leandro Averages Level of Activity $0 - $750K $750K to $1.5M $1.5M to $5M Over $5M $1M to $1.5M Over $1.5M All Operations / Gross Sales 5.0% 15.0% 7.0% 10.0% 9.25% Retail 0.12% 4.00% 5.00% 5.00% 2.5% 5.0% 3.60%
Distribution 0.12% 2.50% 3.00% 4.00% 2.41%
Indoor Cultivation 0.12% 4.00% 5.00% 5.00% 3.53%
Outdoor Cultivation 0.12% 3.50% 4.50% 5.00% 3.28%
Manufacturing 0.12% 3.50% 4.50% 5.00% 3.28%
Other Cannabis Operations 1.0% 1.5% 1.25%
Total Averages
All Operations / Gross Sales 8.14%
Retail 3.62%
Distribution 2.30%
Cultivation 3.30%
Manufacturing 3.28%
Testing 1.50%
Other Cannabis Operations 2.00%
San FranciscoOakland
Jurisdictions in San Mateo County
Neighboring Jurisdictions
Jurisdictions not included (Atherton, Belmont, Burlingame, Colma, East Palo Alto, Foster City, Hillsborough, Menlo Park, Millbrae, Portola Valley, City of San Mateo, South San Francisco, Woodside) currently do not have taxes on cannabis operations.

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RESOLUTION NO. 2022 – 10

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN

BRUNO RECOMMENDING TO CITY COUNCIL APPROVAL OF VARIOUS

AMENDMENTS TO THE MUNICIPAL CODE ALLOWING FOR CANNABIS

RETAILERS (STOREFRONT SALES) AND DISTRIBUTION IN THE CITY

WHEREAS, the City Council considered options for allowing for commercial cannabis operations in the city at a Study Session held on February 8, 2022. At the conclusion of the Study Session, Council directed staff to proceed with preparation of draft Municipa l Code amendments and related operative procedures that would allow up to three commercial cannabis operations consisting of any combination of cannabis retailers (storefront sales) in zoning districts focused on the downtown, along portions of San Bruno A venue and El Camino Real, and at The Shops at Tanforan, and for distribution uses in the M -1 Zone north of I-360; and

WHEREAS, staff has completed the draft documents, which consist of an addition to the Municipal Code Article III (Zoning) by adding Chap ter 12.300 (Commercial Cannabis Operations), and amending other provisions of Title 12 identifying in which zones cannabis retailers and cannabis distribution facilities will be conditionally permitted uses; and

WHEREAS, the Planning Commission considered the proposed Municipal Code provisions for establishing commercial cannabis storefront sales and distribution uses , along with Commercial Cannabis Operators Procedures and Guidelines, at a public hearing held on July 19, 2022, and continued the hearing to August 16, 2022; and

WHEREAS, establishment of commercial cannabis regulations do not have the potential for creation of a significant environmental impact pursuant to the California Environmental Quality Act (CEQA), and as such are exempt from further environmental consideration per CEQA Guidelines Section 15061(b)(3). The commercial cannabis program involves relatively minor amendments to the Municipal Code to provide for a limited number of commercial cannabis retailers and/or distribution uses (three maximum), with such potential uses focused in the downtown core, including portions of San Bruno Avenue and El Camino Real, and at Tanforan where a wide range of retail uses are already permitted.

Further, the anticipated location of such uses within existing buildings or lease spaces, combined with the regulatory requirements for commercial cannabis operations imposed by the city as part of the cannabis program, would not have the potential for creation of any potentially significant environmental impacts. Once a commercial cannabis program is enacted through Municipal Code changes, each individual commercial cannabis projects would be subject to submittal of a Commercial Cannabis Operators Permit and Conditional Use Permit and would also be subject to potential environmental review; and

WHEREAS, a Notice of Public Hearing was mailed on July 8, 2022, and duly posted in the San Mateo Times on Saturday, July 9, 2022 , for consideration of the proposed commercial cannabis operating provisions, with additional notice provided in the San Mateo Times on Saturday, August 6, 2022, and;
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NOW, THEREFORE, BE IT RESOLVED by Planning Commission of the City of San Bruno, based on facts in the staff reports, written and oral testimony, and exhibit s presented makes the following findings:

1. The Planning Commission hereby finds that the proposed amendments to the Municipal Code (Zoning Ordinance) to establish provisions for commercial cannabis retailers and distribution uses are consistent with the San Bruno General Plan.

2. The amendment of the Zoning 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 exempt from review as the project would not have the potential for creation of significant environment impacts.

3. The proposed Zoning Ordinance amendment allowing for cannabis retailers and distribution uses will not be detrimental to the health, safety, morals, comfort and general welfare of the Citizens of San Bruno.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Bruno, based on facts in the staff report, written and oral testimony, and exhibits presented, recommends to the City Council approval of the proposed amendments t o the Zoning Ordinance adding a new Chapter 12.300, Commercial Cannabis Operations, and amending other provisions of Title 12 identifying in which zones cannabis retailers and cannabis distribution facilities will be conditionally permitted uses , as provided in Attachment A hereto, with the following modifications:

1. Expand the locations where retail cannabis businesses could be conditionally permitted uses to include the Bayhill Shopping Center and Towne Center properties; and

2. Remove the requirement that “mosquitos” be used on site (Section

12.300.100(A)(17) of the draft ordinance).

Date Chair

ATTEST APPROVED AS TO FORM

Planning Commission Secretary City Attorney
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-o0o-

I, 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 16th day of August 2022 by the following vote:

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

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Attachment A

ORDINANCE NO. _______

AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING ARTICLE III (ZONING) OF TITLE 12 (LAND USE) OF THE MUNICIPAL CODE B Y ADDING CHAPTER 12.300 TO AUTHORIZE

COMMERCIAL CANNABIS RETAILERS (STOREFRONT SALES) IN THE TRANSIT CORRIDORS PLAN AREA C -B-D, MX-R, TOD-1, TOD-2, AND PD ZONES AND IN THE PD ZONES FOR THE SHOPS AT TANFORAN MALL, AND CANNABIS DISTRIBUTION FACILITIES IN THE M-1 ZONE,

AND MAKING A FINDING OF EXEMPTION UNDER CEQA
THE CITY COUNCIL OF THE CITY OF SAN BRUNO DOES ORDAIN AS FOLLOWS:

1. The zoning code amendments were considered by the San Bruno Planning Commissio n on July 19, 2022 and August 16, 2022 at duly noticed public hearings. At the conclusion of the August 16, 2022 public hearing, the Planning Commission adopted Resolution No. 2022 -10 recommending that the City Council adopt the zoning code amendments all owing for establishment of commercial cannabis storefront sales and cannabis distribution facilities as conditionally permitted uses in certain zones in the City.

2. A notice of public hearing was duly posted for consideration of this proposed ordinance at the City of San Bruno City Council meeting of ___, 2022, and on said date, the public hearing was opened, held and closed.

3. The proposed ordinance is consistent with the General Plan of the City of San Bruno, including the following goals and policies:

LUD-D: Promote Downtown as the civic and cultural center of San Bruno, based on expansion of the ethnically diverse array of businesses and restaurants. Foster a vibrant, continuous, pedes- trian-oriented mix of land uses within Downtown. Increase the market supporting Downtown through new mixed-use opportunities, including housing above the ground floor.

LUD-17: Encourage new development in Downtown to accommodate small retail shops, with larger anchor stores at the northern and southern gateways.

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LUD-47: Allow high-intensity mixed-use development – including retail, offices, services, and housing – along San Bruno Avenue, between Elm Avenue and Huntington Avenue.

ED-A: Maintain a positive business climate within San Bruno, including resources for business attraction and expansion.

ED-B: Provide development opportunities that allow for establishment of jobs within San Bruno, commensurate with local residents’ education and skills.

ED-C: Capture the entire spectrum of retail sales and services within San Bruno, from regional uses in The Shops at Tanforan to Downtown commercial uses.

ED-1: Improve the image of San Mateo Avenue in Downtown as an appealing commercial street to shop, dine, and conduct business.

Section 2. Article III (Zoning) of Title 12 (Land Use ) of the Municipal Code is hereby amended by adding Chapter 12.300 to read as follows:

“12.300 COMMERCIAL CANNABIS OPERATIONS

12.300.010 Purpose and Intent

12.300.020 Definitions

As used in this chapter, the following words and phrases shall have the following meanings, unless otherwise specified:

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of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.

Cannabis distribution facility means a business that is authorized to engage in the distribution of cannabis and cannabis products without having a cannabis retailer component.

Cannabis retailer means any establishment which engages in the retail sale of cannabis for adult- use purposes.

Cannabis Operator means an interested person who has obtained a Commercial Cannabis Operators Permit and has a commercial cannabis operation.

Cannabis products has the same meaning as in Section 11018.1 of the Health and Safety Code.

City Manager means the city manager and designee.

Commercial cannabis operation means a cannabis retailer or cannabis distribution facility.

Commercial Cannabis Operators Permit means a permit issued by the City of San Bruno pursuant to this chapter to a commercial cannabis operation.

Conditional use permit means any zoning approval issued by the Planning Commission pursuant to the Zoning Code to a commercial cannabis operation.

Day care center has the same meaning as set forth in Section 1596.76 of the Health and Safety Code.

Director means the Director of Community and Economic Development.

Distribution means the procurement, sale, and transport of cannabis and cannabis products between State licensed cannabis businesses.

Hazardous materials include any hazardous substance regulated by any federal, state, or local laws or regulations intended to protect human health or the environment from exposure to such substances.

Interested persons means any of the following:
(1) Any individual that has an aggregate ownership interest, other than a security interest, lien, or encumbrance, of twenty percent or more in the commercial cannabis operation; (2) Partners, officers, directors, and stockholders of every corporation, limited liability company, or general or limited partnership that owns at least twenty percent of the commercial cannabis operation or that is one of the partners in the commercial cannabis operation; (3) The chief executive officer of a nonprofit or other entity, or a member of the board of directors of a nonprofit;
(4) A manager or an individual who will be participating in the direction, control, or management of the commercial cannabis operation; and
(5) The staff of the commercial cannabis operation.

Juvenile means any natural person who is under the age of eighteen years.

MAUCRSA means the Medicinal and Adult Use Cannabis Regulation and Safety Act, codified in Business and Professions Code section 26000 et seq., as the same may be amended from time to DocuSign Envelope ID: 658FAA12-B1B7-4ACC-88E3-5AF1F1E5595E

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time.

School means any school providing instruction in kindergarten or any grades l through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12).

Sensitive uses mean a day care center, park, school or youth center, as defined herein.

Staff means a person other than a manager who works or provides services on the site of a commercial cannabis operation, whether as an employee, contractor, or volunteer.

Youth center has the same meaning as Section 11353.1 of the Health and Safety Code that includes the following:

2. A youth center shall not include any private martial arts, y oga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

12.300.030 Prohibitions

Except as expressly authorized pursuant to this Title 12, all commercial cannabis activity is prohibited in the City.

12.300.040 Permits and approvals required.

B. Commercial Cannabis Operators Permit. Every person who proposes to establish, maintain, operate, or conduct a commercial cannabis operation in the City shall obtain a commercial cannabis operators permit pursuant to Chapter 4.70. A commercial cannabis operators permit shall not be issued until a conditional use permit has been obtained by the commercial cannabis operation.

C. Business License. Every person who proposes to establish, maintain, operate, or conduct a commercial cannabis operation in the City shall obtain a business license.

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E. Operations Plan. Before commencing any commercial cannabis operation, the business shall submit an operations plan to the Director for approval by the Director.

The operations plan shall address the following: the security measures that will be implemented to protect the customers and employees as well as the general community; water preservation; financial record keeping; procedures for safely and securely storing and transporting cannabis and cannabis products, and any hazardous materials that may be used by the business; how currency will be stored and taken off- site; any other information requested by the Director.

F. Duty to Maintain Copies of All Permits, Licenses, Permits and Conditions of Approval.

A copy of all conditional use permits, commercial cannabis operators permits, business license, State License or other permit or license required by the City, County, or State for the establishment of a commercial cannabis operation shall be maintained on site along with all conditions of approval associated thereof. Such permits may be inspected from time to time by City, County or State representatives or law enforcement personnel and shall be furnished immediately upon request. The on-site manager, in addition to the property owner, business owner, or representative shall be responsible for ensuring compliance with all applicable codes, permits, licenses, and conditions of approval.

12.300.050 Compliance with State and Local Laws and Regulations.

12.300.060 Additional Procedures and Findings for Approval of Conditional Use Permit for Cannabis Operations.

A. A conditional use permit for any cannabis operation shall be processed in accordance with the procedures set forth in Chapter 12.112, Conditional Use Permits, with the following revisions:

1. The Planning Commission shall be the recommending body with the City Council being the final approving authority on which commercial cannabis operations obtain a conditional use permit.

2. In addition, to the findings set forth in Section 12.112.050, the Planning Commission and City Council must make the following findings::
a. Whether the use would fully comply with the operational regulations set forth in Chapter 4.70;
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b. Whether the use would enhance the economic viability of the area in which it is proposed to be located;
c. Whether the applicant has adequately addressed potential community benefits of the use to offset the potential adverse impacts;
d. The extent of the support or opposition to the proposed use and location from members of the community;
e. The presence of any permitted commercial cannabis operation within 600 feet of the proposed location;
f. The extent to which the proposed use would cause a further overconcentration of the particular type of commercial cannabis operation in the area; g. The background and history of the applicant, including the nature and extent of problems on any premises where the applicant has operated a commercial cannabis operation in the past;
h. Whether there is a history of police or crime-related problems in the vicinity of the proposed location; and
i. Whether the proposed use would enhance recreational or entertainment opportunities in the area.

B. Any conditional use permit for a cannabis operation shall comply with the California Environmental Quality Act ("CEQA"). No conditional use permit for any cannabis operation shall be granted until the requisite CEQA review has been conducted.

12.300.070 Development Standards

A. Underlying Zone Standards. The establishment of a commercial cannabis operation shall comply with all applicable City zoning site development standards of the zone in which the commercial cannabis operation is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the City, except as explicitly modified by this chapter. Non-conforming uses or properties must be brought into conformity with all applicable standards including, but not limited to, parking, landscaping, and signage.

B. Permitted Locations. Commercial cannabis operations shall only be permitted in the following zones:

1. Cannabis retailers shall be permitted only in:
a. The Transit Corridors Plan areas: C-B-D, MX-R, TOD-1, TOD-2, and PD zones.
b. The PD zone for the Shops at Tanforan Mall.

2. One cannabis distribution facilities shall be permitted only in the M -1 zone, and limited DocuSign Envelope ID: 658FAA12-B1B7-4ACC-88E3-5AF1F1E5595E

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to the geographic area located north of San Bruno Avenue and east of El Camino Real.

C. Maximum Number. A maximum of three commercial cannabis retail operators shall operate in the City, a total of up to four for any combination of cannabis retailers (3) or cannabis distribution facilities (1).

D. Proximity to Sensitive Uses. No commercial cannabis operation shall be established or located within 600 feet of sensitive uses. The distance between any commercial cannabis operation and any sensitive uses shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the nearest property line of the site containing the commercial cannabis operation to the nearest property line of the sensitive uses. In the case of The Shops at Tanforan, the distance shall be measured from the perimeter of any individual lease space or store.

12.300.080 Cannabis Distribution Facility.

A. Transportation safety standards, in addition to those imposed by the State of California, shall approved by the Director including without limitations, the type of vehicles in which cannabis or cannabis product may be distributed, and minimal qualification for persons eligible to operate such vehicles.

C. A person conducting distribution shall comply with requirements of Business and Professions Code Section 26070 (sections c through n, inclusive), as the same may be amended from time to time.

D. No cannabis distribution facility shall conduct or permit to be conducted any retail sales of any good or services to the general public on or from the business site.

12.300.090 Cannabis Retailers.

A. Main entrance and lobby. A cannabis retailer shall have a building with a main entrance that is clearly visible from the public street, sidewalk, or public parking lot. Inside of the main entrance, there shall be a lobby or other receiving area satisfactory to the City to receive persons into the site and to verify whether they are allowed in the retail customer areas. All entrances into the building shall be secured at all times with entry controlled by the cannabis retailer’s managers and staff.

B. Transport area. If the cannabis retailer will conduct sales by delivery, each building shall have an area designed for the secure transfer of cannabis from the business to the delivery vehicle.

Delivery drivers shall be accompanied by a security escort during the transfer of cannabis from the business to the delivery vehicle.

C. Storage area. Each building that will be used for storing cannabis or cannabis products as part of cannabis retailer shall have adequate storage space separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis retailer.

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F. Cannabis retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the cannabis retailer.

Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.

G. All restroom facilities shall remain locked and under the control of management.

H. The cannabis retailer shall notify patrons of the following through posting of a sign in a conspicuous location:

1. Secondary sale, barter or distribution of cannabis is a crime and can lead to arrest.

2. Loitering on and around the cannabis retailer is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the cannabis retail site or on the property or in the parking lot.

3. A warning that patrons may be subject to prosecution under federal cannabis laws.

4. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery.

I. Cannabis retailers shall only serve customers who are within the permitted premises, or at a delivery address that meets the following requirements:

1. The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises.

2. Cannabis retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle.

3. No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.

4. All cannabis goods sold by a retail business shall be contained in child-resistant packaging.

K. Delivery. Prior to commencing delivery operations, a cannabis retailer shall provide the following information to the City:

1. Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.

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2. The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.

3. Proof of insurance for any and all vehicles being used to deliver cannabis goods.

12.300.100 Security
A. A commercial cannabis operation shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis operation. The specific security measures shall be identified in the operations plan. Except as may otherwise be determined by the Director these security measures shall include, but shall not be limited to, all of the following:

1. Perimeter fencing and exterior lighting systems (including motion sensors) for after - hours security as approved by the Director were applicable.

2. Preventing individuals from remaining on the premises of the comm ercial cannabis operation if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis operation. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the Police Department.

3. Establishing limited access areas accessible only to authorized commercial cannabis operation personnel.

4. All finished cannabis goods at a commercial cannabis operation shall be stored in secured and locked vault or vault-equivalent during non-operating hours. All safes and vaults used to store cash and/or cannabis goods shall be burglary -resistant and fire -resistant. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a man ner as to prevent diversion, theft, and loss.

5. Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.

6. Panic buttons shall be installed with direct notification to the Police Department dispatch and shall be configured to immediately alert dispatch for the Police Department.

8. A commercial cannabis operation shall only use commercial-grade, nonresidential door locks.

9. Any security measures, such as bars, installed on the windows or the doors of the commercial cannabis operation shall be installed only on the interior of the building.

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13. Each commercial cannabis operation shall have an accounting software system in place to provide point of sale data as well as audit trails of both product and cash, where applicable.

14. Each commercial cannabis operation shall demonstrate to the Police Chief, City Manager or their designees, compliance with the state’s track and trace system for cannabis and cannabis products.

15. Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.

16. Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.

17. Installation of “mosquitos” (high-pitch frequency devices) as a deterrent to vandalism/loitering.

B. Video surveillance. The commercial cannabis operation shall install a 24 -hour security video surveillance cameras of at least high -definition (HD) quality with a night vision capability, and must record in color. The video surveillance system sh all meet the following requirements and shall be included in the operations plan:

1. All entrances and exits to and from the commercial cannabis operation must be monitored by the video surveillance system. All entrances and exits to the commercial canna bis operation shall be recorded from both indoor and outdoor vantage points.

2. All interior spaces within the commercial cannabis operation which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being store d for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur must also be monitored by the video surveillance system. 3 All exterior cameras shall be in weather -proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions.

4. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on th e site of the commercial cannabis operation and shall be capable of enlargement via projection or other means.

5. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the operations plan.

6. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 90 days. The video surveillance DocuSign Envelope ID: 658FAA12-B1B7-4ACC-88E3-5AF1F1E5595E

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system specifications must be set forth in the operat ions plan before the City issues a certificate of occupancy for the facility.

7. All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the commercial cannabis operation of any prolonged s urveillance interruption and/or the complete failure of the surveillance system.

9. Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities at the commercial cannabis operation.

10. The video surveillance system shall be capable of recording all pre -determined surveillance areas in any lighting conditions.

11. Areas in which cannabis is grown, cured, manufactured, or stored shall have camera placement in the room at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.

12. Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur.

13. At least one camera must be dedicated to record the access points to the secured surveillance recording area.

1. Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.

2. Identifies all managers of the commercial cannabis operation and their contact phone numbers.

3. Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the Manager’s office.

5. Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the commercial cannabis operation, the parking lot, any adjacent property under the commercial cannabis operation’ control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.

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D. The commercial cannabis operation shall cooperate with the City whenever the City Manager makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.

E. A commercial cannabis operation shall notify the City Manager within twenty -four (24) hours after discovering any of the following:

1. Significant discrepancies identified during inventory. The level of significan ce shall be determined by the regulations promulgated by the City Manager.

2. Diversion, theft, loss, or any criminal activity involving the commercial cannabis operation or any agent or employee of the commercial cannabis operation.

3. The loss or unaut horized alteration of records related to cannabis, customers or employees or agents of the commercial cannabis operation.

4. Any other breach of security.

F. Compliance with the foregoing requirements shall be verified by the City Manager prior to commencing business operations. The City Manager may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the commercial cannabis operation owner.

12.300.110 Additional Performance Standards.

B. Restriction on Cannabis Consumption. A commercial cannabis operation shall not allow the consumption of cannabis or cannabis products on the premises of the commercial cannabis operation.

D. Storage. No outdoor storage of cannabis or cannabis products is permitted at any time.

F. Signage and Notices.

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2. No signs placed on the premises of a commercial cannabis operation shall obstruct any entrance or exit to the building or any window.

4. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis operation shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis operation or elsewhere including, but not limited to, the public right-of-way.

5. Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time.

I. Noise. A commercial cannabis operation shall comply with all applicable standards of Chapter

6.16. J. Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis operations to ensure that odors from cannabis are not detectable off-site.

Commercial cannabis operations shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis operation that is distinctive to its operation is not detected outside of the commercial cannabis operation, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis operation. Failure to control odors from being detectable from outside the commercial cannabis operation shall constitute a public nuisance and shall be grounds for suspension or revocation of the cannabis conditional use DocuSign Envelope ID: 658FAA12-B1B7-4ACC-88E3-5AF1F1E5595E

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permit. As such, commercial cannabis operations must install and maintain the following equipment, or any other equipment which the Director or his/her designee(s) determine is a more effective method or technology:

1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; and

K. Management. A manager with operational authority shall be on the premises during all times the use is operating and must be included on the associated commercial cannabis operation permit.

L. Cannabis Waste. All waste and disposal containers shall be stored in a secure area, and under the control of the commercial cannabis operation’s staff.

M. Windows. All windows of the commercial cannabis operation shall be secured and all cannabis securely stored.

N. Copies of State Permits. The applicant shall provide the City with copies of all applications, plans and security plans submitted to the State for a State License.

O. Parking. On-site parking shall be provided as determined as retail use or as determined by the Director based on the operation of the facility.

P. The Planning Commission and/or City Council may also impose any other development standards that do not conflict with the standards set forth below.

12.300.120 Promulgation of Regulations, Standards and Other Legal Duties.

A. In addition to any regulations adopted by the City Council, the City Manager is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of cannabis conditional use permits, the ongoing operation of commercial cannabi s operation and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter.

B. Regulations shall be published on the City’s website.

C. Regulations promulgated by the City Manager shall become effective upon date of publication.

Commercial cannabis operations shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager.

12.300.130 Limitations on City’s Liability.

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B. As a condition of approval of a permit as provided in this chapter, the applicant or its legal representative shall do the following:

2. Maintain insurance in the amounts and of the types that are acceptable to the City Manager or designee; and

3. Reimburse the City for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City may be required to pay as a result of any legal challenge related to the City's approval of the cannabis conditional use permit or commercial cannabis operators permit or related to the City 's approval of a cannabis activity. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.” Section 3. Subsection C of Section 12.96.150 (M -1 Industrial district.) of Chapter 12.96 (Establishment of districts) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to read as follows, with additions shown in underlined text, with the remai nder of Section 12.96.150 remaining unchanged:
“C. Conditional Uses. Conditional uses, conducted entirely within an enclosed structure, subject to obtaining a use permit and architectural review permit, are as follows:

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Section 4. Table 12.280 -1: Permitted Uses in Mixed -Use Zoning Districts of Section

Land Uses CBD TOD-S TOD-1 TOD-2 CC MX-R
Commercial Uses C4 - C4 C4 - C4
Cannabis retailer

Footnote 4: Subject to obtaining the necessary permits pursuant to Chapters 4.70 and 12.300.

Section 5. This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it is not a project and there is not a possibility that the ordinance may have a significant effect on the environment.

Section 6. 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 7. This Ordinance shall take effect and be in force 30 days after its adoption.

Section 8. The City Clerk shall publish this Ordinance according to law.

_________________________
Rico E. Madina, Mayor

ATTEST:

________________________
Vicky Hasha, Deputy City Clerk

APPROVED AS TO FORM

_________________________
Trisha Ortiz, City Attorney

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---o0o---

I hereby certify that the foregoing Ordinance No.
________ was introduced on ____, 2022, and adopted at
a regular meeting of the San Bruno City Council on ____, 2022, by the following vote:

AYES: COUNCILMEMBERS:________________________________
NOES: COUNCILMEMBERS:________________________________
ABSENT: COUNCILMEMBERS:________________________________

RECUSE: COUNCILMEMBERS:________________________________

_________________________
Vicky Hasha, Deputy City Clerk

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SAN FRANCISCOSAN FRANCISCO

INTERNATIONALINTERNATIONAL

AIRPORTAIRPORT
LEGEND
Cannabis Qualifying Zones
Industrial District
(M-1)
Tanforan
Shopping Mall
Transit Corridor
Plan Area

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San Bruno -
Area Sensitive Use Sites
City of MillbraeCity of Millbrae
Legend:

Buffer Zone: 600ft radius
Park
School
School Nearby
*Map not to scale*
Draft Zone Boundary
Pending School Site
Site Name Site Type
ParkFlorida Park
Lions Park Park
SchoolAllen Elementary
District Office SchoolSan Bruno School
Proposed: Stafford School
Belle Air Elementary School
Posy ParkPosy Park
C
F
C
El Camino RealEl Cam
ino Real
San Bruno Ave ESan Bruno Ave E
Pine StPine St
Angus Ave EAngus Ave E
2nd Ave2nd A
ve
San Fel
ipe Ave
San Felipe Ave
Santa Lucia AveSanta Lucia Ave
The Shops at TanforanThe Shops at Tanforan
BA
e
San Mateo AveSan Mateo Ave
F
E
D
C
B
A
D

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San Bruno City CouncilSeptember 27, 2022

San Bruno City Council
September 27, 2022