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Minutes, special meeting, second session

San Bruno City Council
September 27, 2022

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Minutes, special meeting, second session
Meeting
September 27, 2022
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San Bruno City Council
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3
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6.3 MB
Text extracted from the city's file for reading and search. Open the original on www.sanbruno.ca.gov. That file is the official record.

"The City with a Heart"

MINUTES
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember

SAN BRUNO CITY COUNCIL SPECIAL MEETING
September 27, 2022
5:00 p.m.

1. CALL TO ORDER
The meeting was called to order at 5:00 p.m.

2. ROLL CALL
Councilmembers Hamilton, Medina, Salazar, Vice Mayor Mason and Mayor R. Medina were all present.

3. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
No members of the public wished to speak under Public Comment.

4. CONDUCT OF BUSINESS
a. Consideration of a Resolution Approving an Amended and Restated Solid Waste Collection Services Agreement Between the City and Recology San Bruno, and Directing Staff to Initiate Proceedings to Consider Adoption of Rates in Connection With Same; and Introduce Read by Title Only and Waive Further Reading of an Ordinance of the City Council of the City of San Bruno Rescinding Ordinance No. 1901 and Amending Section 10.08.020 to Authorize Rates to Be Set by Resolution or Ordinance.

City Manager Jovan Grogan presented the item to the City Council and answered questions.

R3 Consulting Group, Scott Hanin also presented the item to the City Council and answered questions.

Interim City Attorney Trisha Ortiz answered questions.

Recology San Bruno General Manager Kirsten Pinochi answered questions.

Recology San Bruno Route Manager Carl Mennie answered questions.

Member of the public Jeffrey Tong reminded to reduce and reuse before recycling, also how important education is, it will save the City, Recology and residents money.

M/S Salazar/R. Medina to approve Alternative #1. The motion failed with the votes of Councilmember Salazar and Mayor R. Medina -yes and Coucilmembers Hamilton, M.

Medina and Vice Mayor Mason - no.

M/S Mason/R. Medina to remove the street sweeping language from the agreement and to contract out. The motion failed with the votes of Vice Mayor and Mayor M. Medina - yes and Councilmembers Hamilton, M. Medina and Salazar- no.

M/S Mason/ to shorten the term or the agreement to five years and the ability to extend the agreement 3 more times also for 5 year terms each time, adjust the revenue % of organic waste, include a 60 day termination clause allowing Recology or the City to terminate the agreement with 60 days notice, and that multi family bulk pick ups be increased to twice a year and the same cubic yards as the single family customers receive. The motion died for the lack of a second.

City Council - Special Meeting Minutes
September 27, 2022

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M/S Hamilton/M. Medina to reconsider Item #2 under Alternative #1 of the recommendation . The motion passed with a majority vote of Councilmembers Hamilton , M.

Medina, Salazar and Mayor R. Medina - yes and Vice Mayor Mason - no.

M/S Salazar/Hamilton to introduce Item 4.a. as read by the City Clerk for adoption . The motion passed with a majority vote of Councilmembers Hamilton, M. Medina , Salazar and Mayor R. Medina - yes and vice Mayor Mason - no.

5. ADJOURNMENT
The meeting adjourned at 7:36 p.m. The next Regular City Council Meeting will be held on Tuesday, September 27, 2022 at 7:36 p.m.

These City Council meeting minutes were prepared by Vicky Hasha, Deputy City Clerk, and presented to the City Council for approval at the regular meeting of October 10, 2023.

Rico E. Medina
Mayor
"The City with a Heart"

MINUTES

SAN BRUNO CITY COUNCIL
September 27, 2022
7:00 PM
Rico Medina , Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina , Councilmember
Michae l Salazar, Councilmember

1. CALL TO ORDER - Due to the Special Meeting going over schedule , the meeting was called to order at 7:36 p.m.

2. ROLL CALL - Councilmembers Hamilton, M. Medina, Salazar , Vice Mayor Mason and Mayor R. Medina were all present.

3. PLEDGE OF ALLEGIANCE - Mayor R. Medina led the pledge .

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Member of the Public Paul Wapensky spoke about the CityNet report on a future agenda.

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) 616-7061. b. Recology and the City of San Bruno have partnered to offer a Community Clean-Up (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, E-waste, appliances, latex paint (other paint and chemicals will not be accepted, call to schedule an appointment (650) 372-6200.

No dirt, rock or concrete . For questions, please contact Recology at (650) 583-8536.

No members of the public wished to speak under the Announcements & Presentations section .

6. CONSENT CALENDAR
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 COVID-19. d. Adopt Resolution Authorizing the City Manager to Execute an Agreement for Consultant Services with CSG Consultants, Inc. for Design of the 2022-23 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 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 .
g. Waive 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 City Council - Regular Meeting Minutes
September 27, 2022

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Negative Declarations) and 15183 (Projects Consistent With a Community Plan or Zoning) and Section 15061 (8)(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.

Councilmember Salazar noted that originally during Item 6.g. he recused himself due to the location of his home potentially creating a conflict of interest. Therefore, when he votes to approve the Consent Calendar tonight it will be excluding Item 6.g.

Councilmember M. Medina pulled Item 6.i. to receive more detailed information provided by staff and thanked staff for following up on this strategic initiative item which will bring more revenue to the General Fund.

No members of the public wished to speak on any items on the Consent Calendar.

M/S Hamilton/M. Medina to approve the Consent Calendar . The motion passed unanimously with Councilmember Salazar's vote excluding Item 6.g. due to his recusal when the item was originally presented to the City Council for action at a previous meeting City Council Meeting .

7. PUBLIC HEARING
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 Ill (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.

Assistant City Manager Darcy Smith presented the item to the City Council and answered questions .

Member of the Public Anna Villalobos is opposed to commercial cannabis dispensaries in San Bruno and would like to see the topic be on a ballot to be voted on by all residents.

Member of the Public 8. Alicia N. is opposed to cannabis dispensaries in San Bruno.

Member of the Public John Poletti is in favor of cannabis dispensaries in San Bruno.

Member of the Public Jeremy Sarnecky supports cannabis dispensaries in San Bruno.

Member of the Public Marcell Valdez encourages maximum protection of youth through caution and policies related to sensitive use areas, education and packaging regulations .

Member of the Public Jeffrey Tong supports cannabis dispensaries in San Bruno.

Member of the Public Vaughn Gregory is opposed to cannabis dispensaries in San Bruno has concerns about the designation of the sensitive use areas, and the proposed tax amount.

City Council - Regular Meeting Minutes
September 27, 2022

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Member of the Public Bill Vasil supports cannabis dispensaries in San Bruno.

Member of the Public Sandra Perez Vargas supports cannabis dispensaries in San Bruno.

Member of the Public Chris Perez supports cannabis dispensaries in San Bruno.

Member of the Public Reyna supports cannabis dispensaries in San Bruno.

Member of the Public Paul Wapensky is opposed to cannabis dispensaries in San Bruno.

Member of the Public Zoom User supports cannabis dispensaries in San Bruno.

Member of the Public Stephen Seymour supports cannabis dispensaries in San Bruno.

Member of the Public Riley Gibbons supports cannabis dispensaries in San Bruno.

Member of the Public Chri~tina supports cannabis dispensaries in San Bruno.

M/S Hamilton/R. Medina to close the Public Hearing . The motion passed unanimously.

Interim City Attorney Trisha Ortiz answered questions .

Attorney Representing the City of San Bruno Maricela Marroquin answered questions .

The City Council recessed at 9:30 p.m. and reconvened at 9:50 p.m.

M/S Hamilton/M. Medina to introduce, read by title only and waive further reading of the ordinances as read by the City Clerk, with the additional provision made that the San Bruno Public Library be designated as a sensitive use area and therefore , a 600-foot zone be added to the map surrounding the San Bruno Library. The motion passed by a majo rity vote of Councilmembers Hamilton , M. Medina and Vice Mayor Mason voting - yes and Councilmember Salazar and Mayor R. Medina voting - no.

8. COMMENTS FROM COUNCIL MEMBERS
Vice Mayor Mason:
• Attended one of the Movie in the Park events with her family and was very impressed with the overall atmosphere and how well organized it was. She thanked Community Services Director Mottola and staff and looks forward to attending another one.

Councilmember M. Medina:
• Announced that this Thursday , The Second Harvest grocery give away will take place at Belle Air Elementary School from 1 :45 to 4:00 p.m. where 230 families will be served. He expressed his deep appreciation of the volunteers that make this program possible. • He was very pleased to have attended the ribbon cutting of the newly re-built Decima Allen Elementary School.

Mayor R. Medina:
• Also attended the school ribbon cutting and was interested to learn that the school actually has a song and the originator of it was also in attendance. He thanked the San Bruno community for voting on Measure X years ago because that is how the re-build was funded.

8. ADJOURNMENT
The meeting adjourned at 10:41 p.m. The next Regular City Council Meeting will be held on October 11 , 2022 at 7:00 p.m.

The City Council meeting minutes were prepared by Vicky Hasha , Deputy City Clerk, for approval at the regular meeting of October 10, 2023.

Rico E. Medina
Mayor
l .
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