"The City with a Heart"
MINUTES
SAN BRUNO CITY COUNCIL
October 11, 2022
7:00 PM
1. CALL TO ORDER - The meeting was called to order at 7:00 p.m.
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina , Councilmember
Michael Salazar, Councilmember
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. Receive General Update From San Bruno Park School District Superintendent Mathew Duffy.
Member of the Public Jeremy Sarnecky supports the public school system in San Bruno .
Member of the Public Anna Villalobos supports the public school system in San Bruno and encourages a collaborat ion of the City and developers providing affordable housing for teachers.
Member of the Public Claudia Ng also spoke about affordable housing for our teachers . b. Issue Proclamation Declaring October 23 - 31, 2022 as Red Ribbon Week. c. Issue Proclamation Declaring October 2022 as Breast Cancer Awareness Month .
No members of the public wished to speak on Items 5.b. & c. in this section.
6. CONSENT CALENDAR
a. Approve Accounts Payable for September 19, 2022, September 26, 2022 and October 3, 2022. b. Accept Payroll for September 25, 2022.
c. Approve Investment Report for August 31 , 2022 and Reconciliation of General Ledger to Bank Report dated May 31 , 2022 and June 30, 2022.
d. Receive Written Update on the City's Response Efforts to COVID-19. e. Waive Second Reading and Adopt the Following Ordinances of the City of San Bruno:
• An Ordinance of the City of San Bruno Amending Article 111 (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 Exempt ion 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.
f. Adopt Resolution Authorizing the City Manager to Execute a Four-Year Contract With West Coast Arborist , Inc. for the Annual Pruning and Pollarding of Street Trees and Tree Removal Related to Fire and Hazard Mitigation in an Amount Not to Exceed $1 ,093,865 .
City Council - Regular Meeting Minutes
October 11, 2022
g. Waive Second Reading and Adopt an Ordinance of the City Council of the City of San Bruno Rescinding Ordinance No. 1901 and Amending San Bruno Municipal Code Section
10.08.020 to Authorize Rates to Be Set by Resolution or Ordinance. h. Adopt Resolution Approving Agreement Between the City of San Bruno and The San Bruno Management Employees Association (SBMEA) and Authorizing Execution by the City Manager.
i. Adopt Resolution Approving Amendment #2 to the Employment Agreement Between the City of San Bruno and Jovan D. Grogan, City Manager.
Item 6.i. Interim City Attorney Trisha Ortiz as required by the Brown Act gave a brief summary of the amendment and clarified a portion of the amendment that stated "Employer shall contribute $7,500 each month to deferred compensation ." Instead it should read, "Employer shall contribute $7,500 annually to deferred compensation, which shall be contributed in equal monthly payments."
Vice Mayor Mason pulled Item 6.f. for comment.
Item 6.f. Parks Services Manager Dan Venezia answered questions.
No Members of the Public wished to speak on Items 6.a. - I on the Consent Calendar.
M/S Salazar/Hamilton to approve Consent Calendar Items 6.a. - i., excluding Items 6.e and 6.g. which were both pulled for separate votes. The motion passed unanimously.
Councilmember Salazar pulled Item 6.e. for a separate vote he has concerns about the number of shops and where they are located, feels that the tax should be higher than 5% and the operators permit selection process is contrary to other types of businesses in San Bruno.
City Manager Jovan Grogan answered questions.
Assistant City Manager Darcy Smith answered questions.
Interim City Attorney Trisha Ortiz answered questions.
No Members of the Public wished to speak on this item.
Direction Given: Staff will bring items of Councilmember Salazar's concern back to Council.
M/S Hamilton/M. Medina to waive the second reading and adopt the two ordinances . The motion passed by a majority vote of Councilmembers Hamilton, M. Medina and Vice Mayor Mason voting - yes and Councilmember Salazar and Mayor R. Medina voting - no.
Vice Mayor Mason pulled Item 6.g. for a separate vote.
Item 6.g. City Manager Jovan Grogan answered questions.
Interim City Attorney Trisha Ortiz answered questions .
No Members of the. Public wished to speak on this item
M/S Salazar/Hamilton to waive the second reading and adopt the ordinance. The motion passed by a majority vote of Councilmembers Hamilton, M. Medina , Salazar and Mayor R.
Medina voting - yes and Vice Mayor Mason voting - no.
7. PUBLIC HEARINGS
a. Hold Public Hearing to Adopt a Resolution Adding Fees Related to the Commercial Cannabis Operators Permit to the Master Fee Schedule, and Adopt a Resolution Approving Application Procedures and Guidelines for Commercial Cannabis Operator's Permits and Authorizing the City to Obtain State Summary Criminal History Information of Potential Cannabis Operator Permittees.
Assistant City Manager Darcy Smith gave the City Council a brief overview of the item, presented the item them and answered questions.
City Council - Regular Meeting Minutes
October 11, 2022
Mayor R. Medina opened the Public Hearing.
Member of the Public Anna Villalobos is opposed to cannabis dispensaries in San Bruno.
Member of the Public Jeremy Sarnecky is in favor of cannabis dispensaries in San Bruno.
Member of the Public Vaughn Gregory is opposed to cannabis dispensaries in San Bruno.
Member of the Public B. Alicia N. Pocket Parks should be included in sensitive use areas.
Member of the Public Riley Gibbons is in favor of cannabis dispensaries in San Bruno.
Member of the Public Marcell Valdez encourages protection of youth through caution and policies related to sensitive use areas, education and packaging regulations.
M/S Hamilton/M. Medina to adopt the resolutions as read by the City Clerk. The motion passed by a majority vote of Councilmembers Hamilton, M. Medina and Vice Mayor Mason voting - yes and Councilmember Salazar and Mayor R. Medina voting - no. b. Hold Public Hearing, Read by Title Only and Adopt the Following Ordinances of the City of San Bruno:
• An Ordinance of the City of San Bruno Amending Chapter 11 .02 (Administrative and Referenced Standards Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 Administrative Code ; and
• An Ordinance of the Cit of San Bruno Amending Chapter 11.04 (Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Building Code Volumes 1 & 2, the 2022 Historical Building Code, and the 1997 Uniform Housing Code; and • An Ordinance of the City of San Bruno Adopting Chapter 11 .06 (Energy Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Energy Code ; and • An Ordinance of the City of San Bruno Adding Chapter 11 .07 (Green Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopt ing by Reference the 2022 California Green Building Code; and • An Ordinance of the City of San Bruno Amending Chapter 11.08 (Mechanical Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Mechanical Code; and • An Ordinance of the City of San Bruno Adding Chapter 11 .10 (Residential Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Residential Code; and • An Ordinance of the City of San Bruno Amending Chapter 11 .16 (Electrical Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Electrical Code; and • An Ordinance of the City of San Bruno Amending Chapter 11 .20 (Plumbing Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Plumbing Code; and • An Ordinance of the City of San Bruno Adding Chapter 11.22 (Existing Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Existing Code; and City Council - Regular Meeting Minutes
October 11, 2022
• An Ordinance of the City of San Bruno Amending Chapter 11.24 (Fire Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Fire Code.
Assistant City Manager Darcy Smith gave the City Council a brief overview of the item, presented a portion of the item to them and answered questions.
Fire Marshal Gage Schlice presented a portion of the item to the City Council.
Mayor R. Medina opened the Public Hearing.
No Members of the Public wished to speak on this item.
M/S Salazar/Hamilton to close the Public Hearing. The motion passed unanimously.
M/S Salazar/Hamilton to read by title only and adopt the ordinances as read by the City Clerk.
The motion passed unanimously.
c. Hold Public Hearing, Read by Title Only and Adopt an Ordinance of the City of San Bruno Amending Chapter 11.06 (Energy Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Energy Code and Amending Chapter 11.07 (Green Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Green Building Code.
Assistant City Manager Darcy Smith presented the item to the City Council and answered questions.
Mayor R. Medina opened the Public Hearing.
Members of the Public Dashiell Leeds Sierra Club Conservation Assistant is in strong support of electrification updates that will replace gas infrastructure they appreciate San Bruno moving ahead with the reach code item.
Member of the Public Crystal Hernandez with Acterra is also in support of electrification in building codes for the health, the climate and equity.
Member of the Public Jeff Mann with San Francisco Bay Physicians for Social Responsibility in strong support of the reach code, natural gas in homes large source of toxic air pollution.
M/S Salazar/M. Medina to close the Public Hearing. The motion passed unanimously.
M/S M. Medina/Salazar to read by title only and adopt the ordinance as read by the city Clerk.
The motion passed unanimously.
8. CONDUCT OF BUSINESS
a. Development Town Hall Update .
Assistant City Manager Darcy Smith presented a portion of the item to the City Council and answered questions .
City Manager Jovan Grogan also presented a portion of the item to the City Council and answered questions .
Direction Given: If it is possible to, schedule the Town Hall in December before Vice Mayor Mason's term on the City Council ends. Providing there is enough time and staff to assemble the information involved and properly advertise the Town Hall.
No Members of the Public wished to speak on this item.
This was a discussion item and therefore no City Council action was taken.
City Council - Regular Meeting Minutes
October 11, 2022
9. COMMENTS FROM COUNCIL MEMBERS
Vice Mayor Mason:
a. Requested to invest Artichoke Joe's funds into downtown for implementation of the streetscape plan as a future agenda item.
No Members of the Public wished to speak on this comment. b. Requested staff to provide the Council with the number of crossing guards hired by the City of San Bruno and their assigned locations as a future agenda item.
City Manager Jovan Grogan answered questions.
Police Chief Ryan Johansen answered questions.
No Members of the Public wished to speak on this comment. c. Requested an update on the traffic concerns raised at Parkside Middle School and how the City has assisted in mitigating potential dangers over the past year as a future agenda item.
City Manager Jovan Grogan answered questions .
Member of the Public Teri Chavez has safety concerns at Parkside Middle School crossings. d. Requested an update on staff efforts to hold Recology accountable for their contractual obligation to host a fund raiser for local schools in 2022 and direct staff as needed to ensure contract compliance for the specific provision that has not been met as a future agenda item.
City Manager Jovan Grogan answered questions.
No Members of the Public wished to speak on this comment.
Councilmember Hamilton:
a. He received his ballots in the mail and stressed the importance of voting noting there are many places in the world that are not allowed to vote so we shouldn't waste the opportunity. b. He condemned the hateful speech made by three Los Angeles Councilmembers, they are unfit for public office and joins the group of Californians demanding that they resign.
No Members of the Public wished to speak on these comments.
Councilmember M. Medina:
a. Congratulated the Capuchino Marching Band and Color Guard made history by taking 1st place at a Field Show Compet ition at Dublin High School.
No Members of the Public wished to speak on this comment.
Councilmember Salazar:
a. Thanked the City Manager and staff for all the coordination and effort it took to first get the City onto Zoom so the City Council Meetings could continue through COVID and now to do all it took for the meetings to go hybrid. Adding it's great to be back at the Senior Center.
No Members of the Public wished to speak on this comment.
Mayor R. Medina:
a. Echoed the thanks and praise Councilmember Salazar expressed to the City Manager and Staff for the transitions and all that was involved to Zoom and now hybrid Council Meetings .
No Members of the Public wished to speak on this comment.
City Council - Regular Meeting Minutes
October 11 , 2022
10. CLOSED SESSION
a. Conference With legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) - One Case No Members of the Public wished to speak on this item.
No reportable was taken by the City Council on this item.
10. ADJOURNMENT
The meeting adjourned at 12:05 a.m. The next Regular City Council Meeting will be held on October 25, 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 24, 2023.
Rico E. Medina
Mayor