Agenda, regular meeting, third session — San Bruno City Council, October 25, 2022 (part 1 of 2)

"The City With a Heart"
Rico E. Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
October 25, 2022
7:00 PM
Consistent with Government Code Section 54953(e), this meeting will be held both in person and virtually.

City Councilmembers and members of the public may attend in person at the San Bruno Senior Center, or by teleconference, via Zoom or telephone. The meeting will be livestreamed at youtube.com/CityofSanBruno and available on CityNet Services local Channel 1 SD | local Channel 10 HD.

IN PERSON*
MEETING LOCATION
San Bruno Senior Center
1555 Crystal Springs Road
San Bruno, CA 94066
*Please turn off all electronic
devices before the start of the
meeting to prevent disruptions*
REMOTE VIA ZOOM or TELEPHONE
Zoom Link: https://sanbrunocagov.zoom.us/j/83092191800? pwd=cnNmZXMwR3Jha3I3OEt0ekpiUzRZUT09
Phone Line: 16465588656
Webinar ID: 830 9219 1800
Webinar Password: 084049
PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk. Virtual attendees can comment by using the “Raise Hand” feature in Zoom to request to speak. For dialin comments press *9 to “Raise Hand” and *6 to unmute.

Public comment may also be emailed to [email protected]. Comments received via email will not be read aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 6167061 or [email protected].

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
Public comment will be requested after each topic in this section a. Presentation of an Update on the Tanforan Preliminary Project Application Submittal and the City’s Community Engagement Process
b. San Bruno Recreation and Aquatic Center Update
c. Issue Proclamation Declaring November 1319, 2022 as United Against Hate Week

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. There will be a single public comment period for all items in this section unless a Councilmember requests to pull an item for a separate vote.
a. Approve Accounts Payable for October 10, 2022 and October 17, 2022 b. Accept Payroll for October 9, 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 Pavement Engineering Inc. for Pavement Evaluation Services for the 202122 Street Reconstruction Project in an Amount Not to Exceed $255,720
e. Fiscal Year 20212022 Quarter 1 Building Division Customer Service Survey Results
f. Approve City of San Bruno Response Letter to the San Mateo County Civil Grand Jury Report “A Delicate Balance between Knowledge and Power:

Government Transparency and the Public’s Right to Know" g. 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
h. Adopt Resolution Authorizing the City Manager to Convert an Existing Legal Secretary Position Assigned to the City Attorney’s Office to a Management Analyst I/II Position
i. Adopt Resolution Approving Publicly Available Pay Schedule Effective October 25, 2022, Pursuant to the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR)

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Hold Public Hearing to 1) Introduce, Read by Title Only, and Waive Further Reading of an Ordinance of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code by Adding Chapter 12.265 (Bayhill Specific Plan Area Development Impact Fee) and Amending Chapter 12.260 (Development Impact Fee); and 2) Adopt a Resolution of the City of San Bruno Setting the Rate of the Bayhill Specific Plan Area Development Impact Fee

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Reappoint Expired Members and Make New Appointments to Fill Current Vacancies on Commissions Boards and Committees

9. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section

10. ADJOURNMENT – The next Regular City Council Meeting will be held on November 8, 2022 at 7:00 p.m.

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Public comment may also be emailed to [email protected]. Comments received via email will not be read aloud during the meeting.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

9. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section

10. ADJOURNMENT – The next Regular City Council Meeting will be held on November 8, 2022 at 7:00 p.m.

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Public comment may also be emailed to [email protected]. Comments received via email will not be read aloud during the meeting.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

9. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section

10. ADJOURNMENT – The next Regular City Council Meeting will be held on November 8, 2022 at 7:00 p.m.

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:October 25, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Darcy Smith, Assistant City Manager
SUBJECT: Presentation of an Update on the Tanforan Preliminary Project Application Submittal and the City’s Community Engagement Process BACKGROUND: On July 27, 2021, the City Council approved the Reimagining Tanforan Land Use Fact Sheet. This provides a comprehensive guide for future owners to realize City’s vision in redeveloping Tanforan. This was developed as the City’s effort to unite the three separate parcels at Tanforan into a single planning effort when the City learned that some of the individual parcels were about to be sold. The Fact Sheet articulates a vision for redevelopment that includes office, retail, entertainment, and housing units in a manner that supports a diverse mix of uses. The vision preserves and builds on what the community values about Tanforan while ensuring that it can remain viable into the future and continue to provide important revenue to San Bruno’s local economy and city services.

The Reimagining effort was successful. In 2021, an LLC controlled by Alexandria Real Estate Equities (Alexandria) acquired the approximate 15 acre parcel formerly owned by JC Penney and the approximately 14 acre former Sears store owned by Seritage Growth Properties. In 2022 Alexandria acquired the parcels owned by Queensland Investment Corporation encompassing 16.4 acres and including the enclosed mall.

On October 5, 2022, the City received a preliminary project application for a transit-focused mixed-use village comprised of 1,000 housing units, a life science campus, and retail space, including an upgraded Target and Century Theatres. The application encompasses the entire 44-acre Tanforan site. The preliminary project description is provided as Attachment 1.

DISCUSSION: This agenda item provides a presentation of an update on the Tanforan preliminary project application submittal and the City’s community engagement process.

Preliminary Project Application
The preliminary application submitted by proposes to replace the existing mall with a transit- focused mixed-use village that seeks to retain and upgrade Target and refresh the Century at Tanforan movie theater to accommodate the modern movie going experience. It also includes a meaningful residential component of the project that will help our City meet its significant State- mandated Regional Housing Needs Allocation (RHNA) housing obligations.

The application also includes a proposed life science campus that will be owned and operated by Alexandria Real Estate Equities. Alexandria operates exclusively in the life science market

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0 and is known for its innovations in the industry. Locally that includes campuses in South San Francisco, San Francisco at Mission Bay, and San Carlos.

The fabric that unites these uses is a community-serving series of spaces that connect the development to the BART station and integrates it with the neighborhood around the project site. The project will also retain and incorporate the new Tanforan Memorial, which now permanently honors the thousands of Japanese Americans processed for detainment at Tanforan during World War II and stands as a symbol against future injustice.

City Review of Preliminary Application
The City has initiated a comprehensive review by all City reviewers. Application feedback will be provided by the City to ensure project is in alignment with the City’s vision and requirements.

The City will initiate technical analysis, studies, and the California Environmental Quality Act (CEQA) review of project. The City will also work with key stakeholders, agencies, and other interested parties, including SFO and FAA.

City’s Community Engagement Process
On October 13, 2022, the City kicked off the initial phase of the City led “Tanforan for San Bruno” community engagement effort. This started with the release of a dedicated City Manager’s eNewsletter and launch of the City dedicated engagement website. The purpose of this effort is to keep the community informed of the project and solicit community input throughout the City’s planning process. It is a transparent, community-focused effort. The effort is founded on the Reimagining Tanforan vision, and grounding its purpose in an expanded City review process to include substantial community prioritization appropriate to the significance of this project. Following the public introduction and first City meeting on October 25, 2022, a series of community meetings will be held in November at the City engagement storefront to help inform the priorities around San Bruno’s future and guide the City’s review of the project.

The City’s robust community engagement process serves to hear from San Bruno about what’s most important. The goal is to establish a shared vision and guiding principles on what matters most to the community as the City studies and understands the application. This conversation will explore Tanforan’s past, identify the City’s emerging needs and opportunities, and help articulate what matters most to the community. This extended review effort is appropriate due to the significance of the project, its proximity to public transit, and the importance of the opportunity to address emerging and future needs that impact not just the immediate surrounding area, but San Bruno as a whole. The additional community conversation throughout the process will help us take advantage of this once in a generation opportunity, and ensure that the community’s priorities are aligned with those of the project applicant to ensure that the next life of Tanforan is successful for everyone.

Key components of the engagement effort include a website and storefront space:
● City Dedicated Website: The City’s dedicated website, Tanforanforsanbruno.com, will become a central point of information for this process that will be conducted over the next several months in person and virtually. The website provides context, virtual engagement tools, and application information. It will solicit meaningful virtual input. Questions posted by the public can be responded to. Dates of future meetings and events related to the project will be posted here. ● Engagement Storefront at Tanforan: A storefront space inside Tanforan mall will be utilized by the City for in-person participation. The space will host a variety of meeting formats, including

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0 community meetings, drop in office hours, and small group meetings. The space format is both informational and participatory through exercises that seek to focus feedback on topics that are important and relevant to Tanforan.

The proposed schedule for engagement is as follows:
● November 2022 – Community meetings and online engagement begin. ● December 2022 to February 2023 – Additional meetings and office hours. ● Early 2023 – Community meeting series continued.
● Spring 2023 – Develop and deliver a community priorities report to be presented to the City Council.

The outcome of this effort is a report to help establish community priorities based on public input and expert analysis. The identification of community priorities will help focus the City's review of the project. The report will be hosted on website for community to review. Feedback on the report will be taken and engagement will continue throughout 2023.

The City’s communication methods to distribute information related to this effort includes the City’s social media accounts (Facebook, Instagram, Twitter), City-wide direct mail, email, and various social and digital advertising. For formal meetings on the project, the City will provide public notices mailed to property owners within 1,000 feet on the site, in additional to legal newspaper notices and social media posts.

NEXT STEPS: The filing of the preliminary project application is just the start of an approximately 18-to-24 month City review process. The planning entitlement process for the project will include technical studies, environmental analysis and economic assessments. This includes a comprehensive City review for conformance of the project to the City’s General Plan, land use regulations, and the analysis required by the State California Environmental Quality Act (CEQA) culminating in the development of a project Environmental Impact Report. The process will include public meetings with the City’s Planning Commission, as well as multiple public City Council meetings before being considered for final action.

FISCAL IMPACT: There is no fiscal impact from the informational presentation of the Tanforan Preliminary Project Application submittal and update on the City’s Community Engagement Process. Consistent with City Council policy to maximize cost recovery for development related services, the project applicant has executed a Reimbursement Agreement with the City to reimburse the full cost of processing the preliminary project application.

ENVIRONMENTAL IMPACT: The update on the Tanforan Preliminary Project Application submittal and the City’s Community Engagement Process does 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: That the City Council receive this informational presentation on the Tanforan Preliminary Project Application submittal and update on the City’s Community Engagement Process and address any questions or comments to staff.

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0 ALTERNATIVES:

1. Receive the report from informational presentation on the Tanforan Preliminary Project Application submittal and update on the City’s Community Engagement Process and address any questions or comments to staff; or

2. Provide alternative direction to staff.

ATTACHMENTS:

1. Preliminary Project Description

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City Council Agenda ItemStaff Report CITY OF SAN BRUNO DATE: October 25, 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 October 14, 2022 is recommended. The Labor Summary report reflecting the total payroll amount of $1,671,767.79 for bi-weekly pay period ending October 9, 2022 by fund is shown below: Fund Amount Fund: 001 - GENERAL FUND 1,218,317.38 Fund: 006 - AMERICAN RESCUE PLAN ACT 60,131.67 Fund: 122 - SOLID WASTE/RECYCLE 244.49 Fund: 132 - AGENCY ON AGING 1,368.09 Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 5,407.81 Fund: 201 - PARKS AND FACILITIES CAPITAL 285.70 Fund: 203 - STREET IMPROVE. PROJECTS 12,472.82 Fund: 611 - WATER FUND 87,108.24 Fund: 621 - STORMWATER FUND 29,138.14 Fund: 631 - WASTEWATER FUND 83,184.47 Fund: 641 - CITYNET SERVICES FUND 88,732.57 Fund: 701 - CENTRAL GARAGE 14,191.55 Fund: 702 - FACILITY MAINT.FUND 38,993.01 Fund: 707 - TECHNOLOGY DEVELOPMENT 24,723.55 Fund: 711 - SELF INSURANCE 7,468.30 Total: 1,671,767.79 _________________________________ Bobby Magee, Interim Finance Director Date

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:October 25, 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 Oct. 12, 2022, there are a total of 346 cases within the last 30 days in the City of San Bruno and approximately 94.5% of San Bruno residents are vaccinated. Additional statistics are attached to this report.

There are no operational modifications to report to the City Council.

COVID-19 bivalent boosters are available - visit myturn.ca.gov to find the closest pharmacy or clinic.

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

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

ENVIRONMENTAL IMPACT: There is no environmental impact. The 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

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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 10/19/2022 @ 9:45 a.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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Source: https://www.smchealth.org/data-dashboards
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:October 25, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Matthew Lee, Public Works Director
SUBJECT: Adopt Resolution Authorizing the City Manager to Execute an Agreement for Consultant Services With Pavement Engineering Inc. for Pavement Evaluation Services for the 2021-22 Street Reconstruction Project in an Amount Not to Exceed $255,720
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. As part of the PMP, the condition of City streets is routinely assessed and recommendations are made on the streets to be selected for rehabilitation to cost effectively maximize pavement longevity. Street condition is measured in terms of pavement condition index (PCI), a numerical index between 0 and 100 in which 0 represents a failed street and 100 represents a newly paved street. The City has a current average Citywide PCI of 62.

Senate Bill 1 (SB1), also referred to as the Road Repair and Accountability Act of 2017, increased the per gallon fuel excise taxes and vehicle registration fees to fund road maintenance and rehabilitation projects on local streets and roads systems. For the FY 2022-23, the City received approximately $995,000 of SB1 funding. In order to receive this funding, the City was required to submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with the SB1 funds and adopt those projects by resolution at a regular public meeting by July 1, 2022. On June 14, 2022, City Council adopted a list of projects for fiscal year 2022-23 to be funded by SB1. Projects funded by SB1 are included in the City’s 2021-22 Street Reconstruction Project.

The list of streets identified in Attachment 3 will be included in the upcoming pavement evaluation effort. Upon completion of a detailed pavement evaluation, future paving projects on failed streets can be more accurately budgeted and the City can begin to more quickly address and repave with a more cost-effective treatment for those streets on the failed and near failed list.

DISCUSSION: In September 2022, the City issued a Request for Proposals (RFP) for the Pavement Evaluation Services for the 2021-22 Street Reconstruction Project.

The scope of work consists of collecting core samples, performing deflection testing, and

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0 developing design recommendations. As mentioned in the Background section, the pavement condition of a street segment is represented using PCI. The basis of PCI is a visual assessment of various types and severity of pavement deterioration. Though these visual assessments are a cost-effective way to provide high-level condition information, they do not necessarily indicate whether a visually failed street is structurally failed. Performing this pavement evaluation will allow the City to determine which streets are structurally failed.

For those street segments that are structurally sound, they can potentially be repaired with more cost-effective pavement treatments such as asphalt concrete overlays. The more cost-effective treatments may be implemented in an earlier timeframe compared to pavement reconstruction. This can be done in conjunction with future asphalt concrete overlay efforts.

Qualified consultants were invited to submit proposals to conduct pavement testing and analysis, to provide rehabilitation recommendations based on findings, and to develop and prepare a design report. The Request for Proposals was sent to (5) five consultants from a qualified on-call vendor list and posted on the City’s website.

On September 9, 2022, staff received (2) two proposals. Staff conducted an evaluation on the received proposals based on the following criteria:
• Proposed work plan and approach
• Familiarity with policies and procedures relation to the work effort • Quality and completeness
• Relevance and conciseness
• Qualifications and experience of staff
• Qualifications relating to pavement analysis and design • Completion of similar projects and references
• Manpower allocation
Based on the evaluation of proposals, staff is recommending Pavement Engineering Inc. to provide professional engineering services for the scope of work described above. Pavement Engineering Inc. (PEI) 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 Concord, City of Berkeley, City of San Bruno, and other public municipalities across the Bay Area. PEI previously successfully provided pavement evaluation services for the City of San Bruno in 2019.

Prior to the RFP issued in September 2022, the City had issued a RFP in October 2021 to evaluate 5 streets on the failed list. Based on their qualifications PEI was selected to perform the work. An agreement for this work in the amount of $35,280 is in place. In addition to expediting the overall street evaluation process, City staff anticipated that there could be economies of scale in issuing a RFP for all the streets on the failed and near failed streets list, which is the case.

PEI has been selected to provide pavement evaluation services due to their experience, professionalism and reliability. With the information collected by PEI and recommendations provided, detailed design can be performed.

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0 FISCAL IMPACT: The Pavement Evaluation Services for the 2021-22 Street Reconstruction Project is a project within the approved FY 2022-23 Capital Improvement Program. The cost of this contract is $255,720 and within the total project budget available in the current fiscal year. The total estimated costs for the project are in this section.

Total estimated cost for the project:

Consultant Cost for Pavement Evaluation $ 255,720 Estimated Staff Management for
Pavement Evaluation $ 40,000
Total Current Estimate: $ 295,720 ENVIRONMENTAL IMPACT: This project falls withing the Categorical Exemption set forth in CEQA guidelines, Section 15306, which exempts basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.

RECOMMENDATION: Adopt resolution authorizing the City Manager to execute an agreement for consultant services with Pavement Engineering Inc. for the Pavement Evaluation Services for the 2021-22 Street Reconstruction Project in an amount not to exceed $255,720.

ALTERNATIVES: Do not adopt resolution authorizing execution of agreement, and request staff to issue a new request for proposals. This action would result in the delay of data collection used for the design of various City pavement repair projects.

ATTACHMENTS:

1. Resolution

2. CIP Budget

3. Street Evaluation List

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RESOLUTION NO. 2022- ____

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSULTANT SERVICES WITH PAVEMENT ENGINEERING INC. FOR THE PAVEMENT EVALUATION SERVICES FOR THE 2021-22 STREET RECONSTRUCTION PROJECT IN AN AMOUNT NOT TO EXCEED $255,720
WHEREAS, 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; and
WHEREAS, as part of the PMP, the condition of City streets is routinely assessed and recommendations are made on the streets to be selected for rehabilitation to cost effectively maximize pavement longevity; and
WHEREAS, senate Bill 1 (SB1), also referred to as the Road Repair and Accountability Act of 2017, increased the per gallon fuel excise taxes and vehicle registration fees to fund road maintenance and rehabilitation projects on local streets and roads systems; and
WHEREAS, in order to receive this funding, the City was required to submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with the SB1 funds and adopt those projects by resolution at a regular public meeting by July 1, 2022; and
WHEREAS, on June 14, 2022, the City Council adopted a list of projects for fiscal year 2022-23 to be funded by SB1 which included the Pavement Evaluation Services for the 2021-22 Street Reconstruction Project; and
WHERE AS, in September 2022, the City issued a Request for Proposals for the Pavement Evaluation Services for the 2021-22 Street Reconstruction Project; and WHERE AS, on September 9, 2022, staff received (2) two proposals; and WHERE AS, the scope of work consists of collecting core samples, performing deflection testing, and developing design recommendations; and WHERE AS, based on the evaluation, staff is recommending Pavement Engineering Inc. to provide professional engineering services for the Pavement Evaluation Services for the 2021-22 Street Reconstruction Project; and
WHERE AS, pavement Engineering Inc. (PEI) 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 Concord, City of Berkeley, City of San Bruno, and other public municipalities across the Bay Area; and WHERE AS, pavement Engineering Inc. previously successfully provided pavement evaluation services for the City of San Bruno in 2019; and

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WHERE AS, prior to the RFP issued in September 2022, the City had issued a RFP in October 2021 to evaluate 5 streets on the failed list and based on their qualifications, PEI was selected to perform the work; and
WHERE AS, in addition to expediting the overall street evaluation process, City staff anticipated that there could be economies of scale in issuing a RFP for all the streets on the failed and near failed streets list, which is the case; and WHERE AS, the Pavement Evaluation Services for the 2021-22 Street Reconstruction Project is a project within the approved FY 2022-23 Capital Improvement Program; and
WHEREAS, the cost of this contract is $255,720 and within the total project budget available in the current fiscal year.

NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council hereby authorize the City Manager to execute an agreement for consultant services with Pavement Engineering Inc. for the Pavement Evaluation Services for the 2021-22 Street Reconstruction Project in an amount not to exceed $255,720.

Dated: October 25, 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 25th day of October 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

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PROJECT #: 60018 Total Project Budget: 3,255,329$
DEPARTMENT: Public Works Total

FUNDING SOURCES
Prior
Appropriations
Estimated
Carryover New Request
Total
Appropriations FY2023-24 FY2024-25 FY2025-26 FY2026-27
FY2023-27
Budget
Gas Tax (SB1) RMRA 2,272,000 2,200,101 983,329 3,183,430 - - - - 3,183,430 Total 2,272,000$ 2,200,101$ $ 983,329 3,183,430$ $ - $ - $ - $ - 3,183,430 $

PROJECT APPROPRIATIONS
Prior
Appropriations
Estimated
Carryover New Request
Total
Appropriations FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2023-27
Budget
Construction 2,272,000$ 2,200,101$ $ 983,329 3,183,430$ $ - $ - $ - $ - 3,183,430 $ Project Details
Initial Funding Year FY2019-20
Target Completion Year FY2022-23
Expended as of July 1, 2021 71,899.00$
FY2022-23
Pavement Management Program - 2021-22 Street Reconstruction Project Streets Capital
Street Rehabilitation
Project Description: The 2021-22 Street Reconstruction Project includes the rehabilitation and reconstruction of failed streets: Santa Helena Avenue, Mills Avenue, Poplar Avenue, Eastburn Court, Bayshore Circle WB, Darby Place, Oxford Lane and additional streets approved in FY 2022-23.
364

CIP BUDGET

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ATTACHMENT 3
Street Evaluation List

STREET BEGIN END

SCENIC COURT PARKVIEW DRIVE END

TULARE DRIVE MONTEREY DRIVE AMADOR AVENUE

LOMITA AVENUE LINDEN AVENUE CITY LIMITS

HAMILTON AVENUE TRENTON DRIVE CRESTMOOR DRIVE

TOYON WAY ROLLINGWOOD DRIVE CATALPA WAY

BAYSHORE CIRCLE EB HUNTINGTON AVE EAST HERMAN STREET

ALCOTT DRIVE BENNINGTON DRIVE ROSEWOOD DRIVE
WENTWORTH DRIVE N. CITY LIMITS OLYMPIC DRIVE

REID AVENUE LINDEN AVENUE ELM AVENUE

ACACIA AVENUE CRYSTAL SPRINGS AVENUE ANGUS AVENUE

LINDEN COURT LINDEN AVENUE CUL-DE-SAC

DIAMOND STREET HERMAN STREET BUENA VISTA AVENUE

CHILTON LANE HIGHLAND DRIVE END

PALOMAR COURT DONNER AVENUE DEAD END

MONTGOMERY AVENUE SCOTT STREET NORTH CITY LIMITS

FLEETWOOD DRIVE CATALPA WAY ROLLINGWOOD DRIVE

ESSEX COURT TRENTON DRIVE END

LOWELL AVENUE BENNINGTON DRIVE ROSEWOOD DRIVE

KEEFE COURT ROSEWOOD DRIVE CUL-DE-SAC

COLBY WAY PACIFIC HEIGHTS BLVD HIGHLAND DRIVE

LONDON COURT CRESTMOOR DRIVE CUL-DE-SAC

POPLAR AVENUE SANTA LUCIA AVENUE CRYSTAL SPRINGS AVENUE

BRYANT WAY SKYLINE BLVD CUL-DE-SAC

OAK AVENUE CRYSTAL SPRINGS AVENUE PARK AVENUE

ATLANTIC AVENUE SAN MATEO AVE RR TRACKS

ROLLINGWOOD DRIVE SNEATH LANE FLEETWOOD DRIVE

HIGHLAND DRIVE ELSTON DRIVE PACIFIC HEIGHTS BLVD

MUIRFIELD CIRCLE OAKMONT (N) OAKMONT (S)
HUNGTINGTON AVENUE SNEATH LANE NOOR AVENUE (N. CITY LIMITS)

ENGVALL ROAD SNEATH LANE END

BUENA VISTA AVENUE EAST HUNGTINGTON AVENUE HERMAN STREET

CHERRY AVENUE NILES AVENUE JENEVEIN AVENUE

BIRCH COURT GREENWOOD DRIVE CUL-DE-SAC

LEXINGTON WAY KINGSTON AVENUE CRESTMOOR DRIVE

CHERRY AVENUE PARK AVENUE SAN BRUNO AVENUE

CORONADO WAY END HIGHLAND DRIVE

EUCALYPTUS WAY ROLLINGWOOD DRIVE SEQUOIA AVENUE

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ATTACHMENT 3

ELDER COURT EUCALYPTUS WAY CUL-DE-SAC

ARBOR COURT GREENWOOD DRIVE CUL-DE-SAC

PEIDMONT AVENUE CRESTMOOR DRIVE MADISON AVENUE
OAKMONT DRIVE OLYMPIC DRIVE N. CITY LIMITS

RIVERSIDE DRIVE SNEATH LANE MORELAND DRIVE

HIGHLAND DRIVE MOULTON DRIVE YSABEL DRIVE

LINDEN AVENUE JENEVEIN AVENUE KAINS AVENUE
SAN BRUNO AVENUE WB 100 W/O CRETMOOR DRIVE GLENVIEW DRIVE

SAN BRUNO AVENUE WB GLENVIEW DRIVE SKYLINE BLVD

BAYHILL DRIVE CHERRY AVENUE END

SNEATH LANE WB HUNTINGTON AVE EAST EL CAMINO REAL

PEPPER DRIVE CEDAR AVENUE CEDAR AVENUE

WHITECLIFF WAY TRENTON DRIVE CHARLESTON AVENUE

ANGUS AVENUE WEST ELM AVENUE ACACIA AVENUE

OLIVE COURT KAINS AVENUE CUL-DE-SAC
TURNBERRY DRIVE N. CITY LIMITS ST. CLOUD DRIVE

SYCAMORE AVENUE KAINS AVENUE MAGNOLIA AVENUE

COLUSA COURT SNEATH LANE CUL-DE-SAC

GLENBROOK LANE ROSEWOOD DRIVE CUL-DE-SAC

SUMMIT ROAD SUSAN DRIVE ELSTON DRIVE

PLUMWOOD PLACE CHESTNUT AVENUE END

LAKE DRIVE END AMADOR AVENUE

CHARLESTON AVENUE TRENTON DRIVE CRESTMOOR DRIVE

INYO COURT SNEATH LANE CUL-DE-SAC

RIDGEWAY AVENUE CRESTMOOR DRIVE SKYLINE BLVD

MORELAND DRIVE CITY LIMITS RIVIERSIDE DRIVE

DE SOTO WAY BAYVIEW AVENUE SANTA LUCIA AVENUE

KINGSTON AVENUE TRENTON DRIVE CRESTMOOR DRIVE

LINDEN AVENUE KAINS AVENUE ELM AVENUE

RIVIERA COURT END OAKMONT DRIVE

KENT COURT CRESTMOOR DRIVE CUL-DE-SAC

ELDORADO COURT CRESTMOOR DRIVE CUL-DE-SAC

SCOTT STREET SAN MATEO AVE HERMAN STREET

FLEETWOOD DRIVE ROLLINGWOOD DRIVE BERKSHIRE DRIVE

GREENWOOD WAY ROLLINGWOOD DRIVE COTTONWOOD DRIVE

PEACHWOOD COURT CHESTNUT AVENUE CUL-DE-SAC

EXETER DRIVE SUNSET DRIVE YSABEL DRIVE

YSABEL DRIVE HIGHLAND DRIVE END

SNEATH LANE SKYLINE BLVD MONTEREY DRIVE

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:October 25, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Darcy Smith, Assistant City Manager
SUBJECT: Fiscal Year 2021-2022 Quarter 1 Building Division Customer Service Survey Results
BACKGROUND: On October 27, 2020, the City Council approved a resolution appropriating funds for consultancy and staff augmentation services to provide organizational support for and analysis of the Community and Economic Development Department. An agreement for consultant services was executed in November 2020 with Municipal Resource Group, LLC. This work included an assessment of a review of the department organizational structure, staffing levels, and development of an implementation action plan for enhancements to customer service. At the April 29, 2021, City Council meeting, the Community and Economic Development Department Organizational Review Report was reviewed. The Report included a total of 23 recommendations, including an annual customer satisfaction survey of building permit applicants.

Staff added a customer survey for the Building Division to the City’s website on July 16, 2022, to gather data on the permitting and inspection process. The survey results enable the City to acquire reliable data of community’s opinions in order to make strategic decisions on improvements. On July 26, 2022, staff presented development related staffing and service contract update to City Council. During the meeting, staff reviewed the survey webpage and obtained feedback from City Council to modify the survey. City Council requested a follow-up staff report and survey results on a quarterly basis. This report presents the Fiscal Year 2021- 2022 Quarter 1 Building Division customer service survey results.

DISCUSSION: As of October 17, 2022, 16 individuals have participated in the Building Division customer service survey. The survey includes identifying questions as well as ratings on the building permit experience. Per the City Council’s feedback, staff added optional fields for respondents to provide building permit numbers and contact information for the Building Division to contact the participant if needed to follow up.

Identification
From the 16 responses, 43.75% of the respondents identified as Contractors and 56.25% of the respondents identified as Owner of the building or project. Approximately 94% of the respondents worked with the Building Division on residential projects.

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Honorable Mayor and Members of the City Council
October 25, 2022

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3 4
9 Customer Feedback
When asked to rate the customer service received from the Building Division, 75% respondents rated the process as Excellent. When asked if the building permit approval process was described at the beginning of the process, 73% of the respondents answered Yes. 87.50% of the respondents also indicated that the building inspector acted in a professional manner.

Overall, the 16 participants rated their experience with the building division an average of 4.3 out of 5 stars.

Staff reviewed the feedback and suggestions left by participants for City to improve the building permit or building inspection process. Some of the feedback included:

1. Provide touchless inspection reports via tablets.

2. Online scheduling option for building inspection.

3. Provide smaller time-window for scheduled inspection.

Conclusion
The City is working to upgrade the building permit software, with a launch anticipated in early 2023. The City will examine improvements to inspection reports and timing and online scheduling as part of this upgrade.

FISCAL IMPACT: There is no fiscal impact for receiving this report.

ENVIRONMENTAL IMPACT: The City Council’s receipt of this report is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION: It is recommended that the City Council receive and file the report.

ALTERNATIVES:

1. Receive the survey report from the Community and Economic Development Department on the building related services provided to the City and provide input and direction to staff; or

2. Provide alternative direction to staff.

ATTACHMENTS:

1. Building Division Customer Service Survey Results

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Q1. In general terms, please describe the kind of building permit you received Answer Choices Response PResponses
Commercial/Industrial 6.25% 1
Residential 93.75% 15
Institutional 0.00% 0
Other 0.00% 0
Answered 16
Skipped 0
Q2. Are you the owner of the building/project or a contractor? Answer Choices Response
PResponses
Owner 56.25% 9
Contractor 43.75% 7
Other 0.00% 0
Answered 16
Skipped 0
Answer Choices Response
PResponses
Excellent 75.00% 12
Good 6.25% 1
Satisfactory 0.00% 0
Poor 18.75% 3
Answered 16
Skipped 0
Answer Choices Response
PResponses
Yes 73.33% 11
No 26.67% 4
Answered 15
Skipped 1
Q5. Did the building inspector act in a professional manner? Answer Choices Response
PResponses
Yes 87.50% 14
No 6.25% 1
Building Division Customer Service Survey
Q3. In general terms, how would you rate the customer service you received from the Building division during your recent experience? Q4. Was the building permit approval process described to you by City staff at the beginning of the process?

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I did not work with a building
inspector 6.25% 1
Answered 16
Skipped 0
Q6. Overall, how would you rate your experience with the building division? (1‐5) Answer Choices 12345 Total
Weighted
Average
Star 2100 1 3 1 6 4.31

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:October 25, 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: Approve City of San Bruno Response Letter to the San Mateo County Civil Grand Jury Report “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know" BACKGROUND: On August 9, 2022, the San Mateo County Civil Grand Jury released a report entitled “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know." The purpose of the report is to determine how cities in San Mateo County meet the requirements of the California Public Records Act (CPRA). Within the report, the Grand Jury developed five total findings and five total recommendations. The City of San Bruno is required to respond to findings numbered three and five, and recommendations numbered two, three, and four.

The City of San Bruno’s responses to its allocated findings and recommendations are to be submitted to the Grand Jury no later than ninety days following the issuance of the report, which is no later than November 9, 2022.

DISCUSSION: The Grand Jury report includes two findings and three recommendations allocated to the City of San Bruno. The City of San Bruno is required to respond to each allocated finding and recommendation. The findings include observations related to the public’s online access to records, including webpage navigation and ease of use. The recommendations include options for City staff to better facilitate record management practices and responses to CPRA requests.

Staff has reviewed the findings and recommendations and has prepared a response letter for City Council approval, attached to this report. In summary, staff has a basis to both disagree and partially disagree with the findings listed within the report, as provided within the response letter. However, Staff agrees with all report recommendations, one of which has already been implemented.

FISCAL IMPACT: There is no new fiscal impact associated with preparing this response to the Grand Jury Report. Prospective costs associated with record management practices or the purchase of commercially available public records request software will be included during the regular annual budgeting process.

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Honorable Mayor and Members of the City Council
October 25, 2022

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RECOMMENDATION: Approve City of San Bruno Response Letter to the San Mateo County Civil Grand Jury Report “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know."
ALTERNATIVES: The City of San Bruno is required to respond to the Grand Jury Report by November 9, 2022.

ATTACHMENTS:

1. Response of the City of San Bruno to the San Mateo County Civil Grand Jury Report

2. San Mateo County Civil Grand Jury Report

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CITY OF SAN BRUNO
Rico E. Medina OFFICE OF THE MAYOR
Mayor
567 El Camino Real, San Bruno, California 94066
Voice: (650) 616-7060 ∙ Fax: (650) 742-6515
www.sanbruno.ca.gov
October 12, 2022
Honorable Amarra A. Lee
Judge of the Superior Court
c/o Jenarda Dubois
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Subject: Response of the City of San Bruno to the San Mateo County Civil Grand Jury Report “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know"
Dear Judge Lee,
Thank you for the opportunity to respond to the Grand Jury report entitled “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know." The City of San Bruno’s response to its allocated findings and recommendations are listed below.

Responses to Allocated Grand Jury Findings:

F3. Information about how to access public records requires multiple click to find on the City’s website, which hinders the public’s access to public records.

Response:

Partially Disagree. Information to access public records can be accessed with one click from the City’s website. However, there are multiple ways to access such information, some of which can take multiple clicks.

F5. The City has no PRA request form online, making public access to public records less efficient.

Response:

Disagree. The City’s official website has the following PRA request form with clear access links allowing the public to efficiently submit a request: https://www.sanbruno.ca.gov/214/Public- Records-Request.

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Response to Grand Jury - “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know"

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Responses to Allocated Grand Jury Recommendations:

The 2021-2022 San Mateo County Civil Grand Jury recommends that the City of San Bruno do the following:

R2. The City Council should direct City staff to consider performing a cost/benefit analysis and report back by September 1, 2023, on the purchase of commercially available public records request software.

Response:

Agree. City Council will direct City staff to consider performing a cost/benefit analysis and to report back to Council by September 1, 2023 regarding the purchase of commercially available public records request software.

R3. By June 30, 2023, the City Council should consider directing City staff to place information about how to access public records on the home page of the City's official website.

Response:

Agree. At the time of this response, staff has added to the homepage of its official website a single link to the City’s Public Records Act webpage.

R4. By June 30, 2023, the City Council should direct City staff to review and consider adopting a records management practice analogous to the City of San Mateo's "Records Cleanup Day."
Response:

Agree. City Council will direct staff to adopt a formal practice that prompts staff to manage records in accordance with the City’s existing record retention policy.

This response was approved by the San Bruno City Council at a public meeting prior to it being submitted to the court.

Sincerely,
Rico E. Medina
Mayor

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:October 25, 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.

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

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Honorable Mayor and Members of the City Council
October 25, 2022

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of September 30, 2021, in any of the following circumstances:
•The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. •The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. •The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (Government Code § 54953(e)(1)(A)-(C).)
On February 17, 2022, Governor Gavin Newsom lifted several states of emergency that were in place in California but kept the state of emergency for COVID-19 intact. The City of San Bruno state of emergency continues to remain active, as well.

DISCUSSION: City staff have reviewed the provisions as detailed in AB 361, signed into law by Governor Newsom in September 2021, and determined the following findings can be made to meet the above provisions of AB 361:
•The State of California remains under the COVID-19 state of emergency proclaimed by the Governor pursuant to the California Emergency Services Act. •The emergency continues to directly impact the ability of members to meet safely in person.

On October 26, 2021, during a regular meeting, the City Council adopted a resolution making necessary findings so that the City may continue to teleconference public meetings without adhering to all of the Brown Act’s teleconferencing requirements, in order to ensure the health and safety of the public. The public has the ability to attend public meetings by teleconference accessibility via call-in option or an internet-based service option (via the Zoom Webinars platform). Meeting details, including the Zoom link and accessible phone numbers, are listed on the published agenda for each meeting. City staff provides access for public comment during the meeting by participants in the Zoom meeting or by phone in real time. Written public comments are also accepted by email, at [email protected], prior to the meetings, and as detailed on the published agenda.

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

The City Council may continue to teleconference public meetings under AB 361 if the City Council makes findings every 30 days during the proclaimed state of emergency.

FISCAL IMPACT: There is no fiscal impact.

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October 25, 2022

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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 October 25, 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.
94 — 2 — AB 361

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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:October 25, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
Trisha Ortiz, Interim City Attorney

SUBJECT:Adopt Resolution Authorizing the City Manager to Convert an Existing Legal Secretary Position Assigned to the City Attorney’s Office to a Management Analyst I/II Position

BACKGROUND
Personnel support assigned to the City of San Bruno’s City Attorney’s Office has historically consisted of two city positions – a full-time (in-house) City Attorney and a full-time Legal Secretary. Additional legal support is provided by outside counsel assigned to specific projects, managed under the direction of the City Attorney.

The City evaluated staffing for the City Attorney’s office following the in-house City Attorney’s announcement that he was retiring, and this report recommends converting the Legal Secretary position to a Management Analyst I/II position. The additional cost of this classification adjustment is projected at $5,200 annually, inclusive of salary and benefit expenses. No additional budget appropriation is requested for the current 2022/23 fiscal year. Going forward, the additional costs will be incorporated into future annual budgets for the City Attorney’s Office.

DISCUSSION
The following is a summary of the key duties assigned to the Legal Secretary position. •Office Administration
Answer phones, open mail, process office payroll, order office supplies, and update the City’s law library. Draft, finalize and mail correspondence. Schedule City Attorney meetings. Coordinate depositions and deposition preparation meetings. •Invoice Processing
Processes City Attorney Office invoices and routes for review, approval and payment.
•Worker’s Compensation
Supports the City’s workers’ compensation claims administrator. Receives and processes medical injury claim packets as well as declination packets for submission to the claims administrator. Coordination with human resources and departmental

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staff on work restrictions. Reviews and circulates work status reports and ensures proper workers’ compensation leave/work classifications. Processing of workers’ compensation invoices for payment.
•Certificates of Insurance
Administration and tracking of Certificates of Insurances citywide from City vendors and issuance of City certificates in coordination with San Bruno’s risk pool/insurance provider(s).
•Public Records Act Requests
Central administration of all Public Information Act Requests. Routes to appropriate department/staff for collection of documents, monitors response deadlines and provides reminders and requests extensions when necessary. Supports review by City Attorney and oversees final delivery of requested documents. •Subpoenas
Central administration of all subpoenas received by the City. Routes to appropriate personnel, collects responsive documents and monitors response deadlines.

Supports review by City Attorney and ensures timely compliance with all subpoenas requirements and submits Declaration of Custodian of Records Forms. •Weapons Petition
Supports the Police Department with mental health related weapon pleadings. Drafts pleadings, supports City Attorney review and files with the Court within required timeframes.
•City Property Damage Claims
Central processing for all claims for damage to City property. Coordinates with the Police Department, Public Works and the City Attorney as well as other invoiced parities. Drafts and sends demand letter to third parties and/or their insurance company. Coordinates Restitution Claims with the District Attorney’s Office. Monitors all claims for payment and works with appropriate personnel to resolve non-payment issues.
•Third-Party Claims
Coordinates and tracks third-party claims against the City. Processes and circulates claims for review by the City Attorney and the City’s risk pool/insurance provider(s).

Drafts claim decision letters, where appropriate.

To support an adjustment of broader duties for the position, provide better internal alignment with other City positions, and increase the viable pool of candidates for the position, the City Manager recommends converting the position to a Management Analyst I/II position. The Management Analyst position is a flexible position, whereby the junior (I) and senior (II) level classifications are journey positions that increase based on knowledge, skills, and abilities of the incumbent/candidate. In contrast to the Legal Secretary duties, a Management Analyst’s duties can be more project-driven and allow for strategic and focused work assignments to align with the City’s current needs and priorities.

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If approved, upon the conversation of the Legal Secretary position to a Management Analyst I/II position, the City Manager intends to make the following adjustments in duty/task assignments. Other job assignments may occur in the future. •Office Administration: General administrative tasks will be split between the Management Analyst and other administrative staff within the City Manager’s Office.

Additionally, maintenance of the City’s Law Library will be assigned to City Library staff.
•Public Records Act Requests and Subpoenas: Administration of these functions will be transitioned to the City Clerk’s Office and overseen by the City Clerk. •Risk Management: The Management Analyst position will support citywide risk management, monitor claims trends and work with all city departments to lower risk, reduce injury as well as support the development and implementation of risk reduction policies citywide. The position will also work with the City’s risk pool/insurance provider(s) to implement best practices in risk reduction. This is a new role that is anticipated to be a major improvement in how the City supports and staffs’ risk management.

The job description for the Management Analyst I/II is a board classification that is used across various City departments and the general duties and responsibilities that are assigned to the Legal Secretary position fit within the Management Analyst I/II position.

Attachment 2 includes a copy of the current job description for the Legal Secretary position and Attachment 3 includes a copy of the current job description for the Management Analyst I/II position.

The Legal Secretary position is currently an unrepresented / confidential position. This personnel classification will remain if the position is converted to a Management Analyst I/II position.

FISCAL IMPACT:

The currently authorized annual salary ranges for the Legal Secretary and Management Analyst I/II positions are below.

Position Min Annual Salary Max Annual Salary
Legal Secretary $80,112 $98,304
Management Analyst I $83,016 $101,376
Management Analyst II $95,436 $117,360
Staff recommends a budgeted funding level for the proposed Management Analyst I/II position at the top step (max salary) of the Management Analyst I position. This will allow for filling the position at the top step of the level “I” classification or up to the second step of the level “II” classification. The total salary difference of this change from the current budgeted

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salary for the Legal Secretary position is $3,072 (from $98,304 to $101,376). With related benefit costs, the estimated total annualized cost of the change is $5,200 for FY 2022-23.

No additional budget appropriation is requested for the current 2022/23 fiscal year. If approved, the transition will likely occur in December 2022 and the projected additional cost in the current fiscal year is projected at 60% of the annualized estimated cost of $5,200 (which is $3,120). This amount will be funded with salary savings from vacant positions the City Manager’s Office.

Going forward, the additional costs will be incorporated into future annual budgets for the City Attorney’s Office.

ALTERNATIVES:

1. Do not approve requested classification conversion and provide direction to maintain the current structure or an alternative position classification.

RECOMMENDATION:

Adopt Resolution Authorizing the City Manager to Convert an Existing Legal Secretary Position Assigned to the City Attorney’s Office to a Management Analyst I/II Position.

ATTACHMENTS:

1. Resolution

2. Attachment 2 - Legal Secretary Job Description

3.Attachment 3 - Management Analyst I/II Job Description

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RESOLUTION NO. 2022 -

ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO

CONVERT AN EXISTING LEGAL SECRETARY POSITION ASSIGNED
TO THE CITY ATTORNEY’S OFFICE TO A MANAGEMENT ANALYST

I/II POSITION
WHEREAS, the City of San Bruno’s City Attorney’s Office is currently staffed to include a full-time Legal Secretary position;
WHEREAS, the San Bruno City Council has received a report recommending the conversation of the Legal Secretary position to a Management Analyst I/II position; NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council authorizes the City Manager to convert the existing Legal Secretary position assigned to the City Attorney’s Office to a Management Analyst I/II position.

BE IT FURTHER RESOLVED that the San Bruno City Council hereby authorizes the salary adjustment of the conversion up to the currently assigned the top step (max salary) of the Management Analyst I position, estimated to cost additionally $5,200 annually in FY 2022-23, without a new budgetary appropriation as the additional costs will be funded by already appropriated funds within the City Manager’s Office.

Dated: October 25, 2022
—oOo—
I hereby certify that foregoing Resolution No. 2022 - ____ was adopted by the San Bruno City Council at a regular meeting on October 25, 2022, by the following vote:

AYES:Councilmembers:

NOES: Councilmembers:

ABSENT:Councilmembers:

ATTEST:
________________________________
Vicky Hasha, Deputy City Clerk

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CITY OF SAN BRUNO

CITY MANAGER
567 El Camino Real, San Bruno, CA 94066-4299
Voice: (650) 616-7056  Fax: (650) 742-6515
http://ci.sanbruno.ca.us
Position Description

LEGAL SECRETARY

GENERAL PURPOSE
Provides a variety of routine, complex and confidential clerical, administrative, technical, paralegal and paraprofessional work in support of the City Attorney's Office. This position deals with matters often of a confidential nature, including, litigation, government tort claims, workers compensation claims, personnel, labor relations and other legal matters involving the City.

DISTINGUISHING CHARACTERISTICS
This position provides legal clerical, paralegal and paraprofessional support for the City Attorney's Office entailing specialized job duties such as using legal terminology, processes, forms, and reference materials and dealing with the public, elected officials, courts, attorneys, and City management staff. This is an advanced journey-level, highly confidential clerical position. This position is an at will, unclassified position covered by an employment agreement with the City.

SUPERVISION RECEIVED
Works under the direct supervision of the City Attorney.

SUPERVISION EXERCISED
None generally. May exercise supervision over clerical, temporary or other staff, as assigned.

ESSENTIAL DUTIES AND RESPONSIBILITIES (Illustrative only) Typing and assembling a variety of documents including correspondence, memoranda, resolutions, ordinances, pleadings, briefs, notices, contracts, agreements, leases, deeds, labor relations related documents, and other materials from corrected copy, computer files, rough drafts, notes, dictating equipment or brief instructions where legal form may be involved and where it is often necessary to assemble information and documents from various sources; Receiving and screening visitors and telephone calls; Providing factual information to the public or City personnel using good judgment, tact and diplomacy;

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Obtaining information pertaining to legal matters from a variety of sources, including City departments, courts, insurance companies, third-party claims administrators, outside law firms, legal texts, Westlaw, Lexis-Nexis and the Internet; Performing the most complex clerical and administrative support to the City Attorney's Office including the organization and maintenance of various administrative, reference, and follow up files; making appointments and maintaining a calendar, scheduling and arranging for meetings and making travel and meeting related arrangements; Working closely with the City Attorney to maintain a clear understanding and knowledge of the City Attorney's priorities, philosophies, goals and objectives and to assist in operating the office consistent with them; working collaboratively with other City staff.

Maintaining records and calendars of the processing of legal documents to ensure necessary deadlines are met;
Classifying, cross-referencing, indexing and filing legal related and City Attorney's Office documents using established filing system;
Gathering, reviewing and organizing documents in response to public records requests.

Arranging for the filing and service of court documents and reviewing and retrieving documents from court files.

Providing information and resolving complaints, which regularly require the use of judgment and the interpretation and application of policies and procedures.

Using current computer software programs to prepare drafts and final documents; reviewing finished materials for completeness, accuracy, format, compliance with policies and procedures, and appropriate English usage.

Investigating and following-up on citizen requests for service, complaints, and requests for information.

Performing other duties as assigned.

PERIPHERAL DUTIES
Attend seminars and workshops related to administrative duties and responsibilities.

May serve as a member of employee committees or groups.

May represent the City Attorney at various meetings and functions.

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MINIMUM QUALIFICATIONS
Education and Experience:

Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:
(A) Graduation from a high school, or equivalent, supplemented by advanced legal related clerical training, and
(B) A minimum of at least two (2) years of related legal clerical experience.

Necessary Knowledge. Skills and Abilities:
(A) Working knowledge of legal terminology, phraseology, forms, procedures, documents, court rules, legal style for California state and federal courts, general rules of citation, legal research, and law office operations and practices; office administrative and secretarial practices and procedures such as business letter writing; organization and functions of city government, including roles of elected officials and appointed board and commission members; correct English usage, including spelling, grammar, punctuation and vocabulary; office management techniques and budgeting principles and practices;
(B) Skill in operation of tools and equipment listed below; (C) Ability to provide varied, responsible and confidential secretarial, administrative, paralegal and paraprofessional) support for the City Attorney; interpret, apply and explain complex policies and procedures; use tact, discretion, initiative and independent judgment within established guidelines; research, compile and summarize a variety of informational materials; compose correspondence independently or from brief instructions; accurately record and maintain records; establish and maintain effective working relationships with employees, supervisors, other departments, officials and the public; recommend solutions and adopt effective courses of action; plan, organize, and schedule priorities in the office communicate effectively verbally and in writing; and type at a net 55 wpm from printed copy.

SPECIAL REQUIREMENTS
Possession of and maintenance of California Driver's License.

TOOLS & EQUIPMENT USED
Typewriter, personal computer, including word processing, spreadsheet, data base and Internet software; mainframe computer terminal; 10-key calculator; phone; copy machine; fax machine and other modern office equipment.

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PHYCIAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is frequently required to sit and talk or hear, use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to walk.

The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus.

WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

The noise level in the work environment is usually quiet. At times, the work environment can be quite hectic and requires an ability to perform multiple tasks and maintain considerable tact when dealing with others, regardless of how one is treated by others.

SELECTION GUIDELINES
Formal application, rating of education and experience; oral interview and reference check; job related tests may be required.

The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position.

The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change.

Effective Date:

Revision History:

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CITY OF SAN BRUNO

CITY MANAGER
567 El Camino Real, San Bruno, CA 94066-4299
Voice: (650) 616-7056  Fax: (650) 742-6515
http://ci.sanbruno.ca.us
Position Description
MANAGEMENT ANALYST І / ІІ

GENERAL PURPOSE
Under general direction of a Department Head or designee, to perform responsible professional technical administrative duties in the provision of staff assistance to departments; to conduct financial and special studies, surveys and research assignments in a variety of administrative and operational procedures; may be responsible for oversight of programs, projects and/or financial and administrative sub- functions of the department; and performs related work as required.

DISTINGUSHING CHARACTERISTICS
Management Analyst І - This is the entry level position in the professional management series which can be assigned to various City operating departments. This class is distinguished from the Management Analyst II position by the performance of the more routine professional tasks and duties assigned to positions within this series.

Employees at this level are not expected to perform with the same level of independence of direction and judgment on matters related to established procedures and guidelines as are tasks assigned to the Management Analyst II level. As this is an entry level or training class, employees may only have limited or no directly related work experience. Employees work under close supervision while learning tasks. This is a Fair Labor Standards Act (FLSA) exempt position.

Management Analyst ІІ - This is the full journey level class within the professional management series. This class is distinguished from the Management Analyst I by the assignment of the full range of professional duties in the assigned departmental functional area. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise and they are fully aware of the operating procedures and policies within the functional work area. Positions in this class are flexibly staffed and are normally filled by advancement from the Management Analyst I level. When filled from a competitive recruitment, the applicant should possess three (3) years of previous professional experience. Attainment of Master's Degree in Public Administration, a related field or other relevant professional certification or designation is desirable. This is a Fair Labor Standards Act (FLSA) exempt position.

SUPERVISION RECEIVED
Works under the general supervision of an assigned Department Head or other management staff member as designated by the Department Head.

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SUPERVISION EXERCISED
Management Analyst І
None generally. May exercise supervision over clerical support staff, temporary, seasonal, part-time or other staff, as assigned.

Management Analyst ІІ
May exercise supervision over technical and clerical support staff, temporary, seasonal, part-time or other staff, as assigned.

ESSENTIAL DUTIES AND RESPONSIBILITIES (Illustrative Only) Assists in the development of short and long range plans; gathers, interprets, and prepares data for studies, reports and recommendations; coordinates activities with other city departments and outside agencies as needed.

Conducts surveys and performs research and statistical analyses; compile and analyze data; prepare summary reports; make recommendations based on information gathered. Designs financial forms, spreadsheets, and worksheets.

Analyzes City or departmental financial systems, practices, procedures, and ordinances; recommends, develops and implements improvements.

Provides professional advice to supervisor concerning management direction and oversight in assigned departmental area.

Participate in administering contracts including those related to capital improvement projects; monitor programs for compliance with applicable regulations.

Makes public presentations to supervisors, boards, commissions, civic groups and the general public as assigned; represents city and department at external activities.

Assures that assigned areas of responsibility are performed within budget; performs cost control activities; monitors revenues and expenditures in assigned area to assure sound fiscal control; assists in the preparation of annual budget requests.

Assist in the development, coordination and monitoring of the city and/or department budget; analyze costs; prepare a variety of fiscal, administrative and management reports. Corrects discrepancies in revenue and expenditure estimates.

Plans study of work problems and procedures such as organizational change, communications, information flow, integrated production methods, fixed assets, inventory control, or cost analysis.

Reviews and evaluates programs and services to determine how well they meet the legislative intent of the governing body.

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Researches grant programs; prepares grant applications. Conducts operational effectiveness reviews and/or management audits to ensure functional or project systems are applied and functioning as designed and/or in compliance with established procedures.

Develops or updates functional or operational manuals outlining established methods of performing work in accordance with organizational policy.

Investigates and follows-up on citizen requests for service, complaints, and requests for information.

PERIPHERAL DUTIES
Reports for work at any time in event of disaster or other emergency situation; Interviews individuals to obtain data or draft correspondence to answer inquiries.

May review purchase requisitions to insure accuracy and compliance with the budget, policies, and procedures. Establishes purchase orders, agreements, and other contracts meeting the best interests of the City.

Reviews and keeps current on new laws and regulations affecting the organization.

Assists in the development of notices, flyers: brochures, newsletters, media releases, news articles, and other informational materials about programs and services.

Attend seminars and workshops related to administrative duties and responsibilities.

Serves as a member of various employee committees.

MINIMUM QUALIFICATIONS
Education and Experience:

Management Analyst І
(A) Graduation from a college or university with a bachelor's degree in public administration, political science, business management, or a closely related field, (B) No job experience required, however, one (1) year of related volunteer or internship experience is highly desirable.
(C) Any equivalent combination of education and progressively responsible experience, with additional work experience substituting for the required education on a year for year basis.

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Management Analyst ІІ
(A) Graduation from a college or university with a bachelor's degree in public administration, political science, business management, or a closely related field, and
(B) Three (3) years of full-time administrative and analytical experience similar to Management Analyst I in the City of San Bruno;
(C) Any equivalent combination of education and progressively responsible experience, with additional work experience substituting for the required education on a year for year basis.

Necessary Knowledge Skills and Abilities:
(A) Working knowledge of: principles and practices of modern public administration, office practices, procedures, methods and equipment; research techniques, problem solving methods and techniques, sources of information and availability of information and report preparation and presentation; principles and practices of government finance and enterprise fund finance, budgeting and accounting; organization and management practices as applied to the analysis and evaluation of programs, poli cies and operational needs; principles of budget preparation, analysis, monitoring and expenditure control; principles of modern personnel management, supervision and labor relations; working knowledge of functions in area of actual assignment (i.e., public works, human resources, finance) (B) Skill in operation of listed tools and equipment;
(C) Ability to: accurately record and maintain records; establish and maintain effective working relationships with employees, supervisors, other departments, official s and the public; communicate in English effectively verbally and in writing; analyze fiscal, budgetary or administrative problems and propose solutions; read, interpret and understand complex rules, regulations and ordinances; work independently; analyze and review organizational and management problems and recommend and implement effective courses of action; draft and edit reports and various documents; learn, interpret and apply City policies, procedures, rules and regulations; perform advanced level res earch and project management; elicit cooperation of others; properly interpret and make decisions in accordance with laws, rules, and policies and to assimilate and understand information consistent with essential job duties; think clearly and work well un der normal and high pressure situations; make sound judgments in a manner consistent with essential job duties.

SPECIAL REQUIREMENTS
Ability to obtain and maintain a valid California drivers license.

TOOLS AND EQUIPMENT USED

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Typewriter, personal computer, including word processing, spreadsheet and data base software; 10-key calculator; phone; copy machine; fax machine; and vehicle.

PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is frequently required to sit, talk and hear, use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to walk. Employee must maintain physical condition appropriate to performance of job duties which may include sitting for long periods of time and operating assigned office equipment, and maintain stamina to attend and participate in evening meetings as assigned.

The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus.

Incumbents generally work in an office environment with extensive public contact.

Incumbents may be required to work in the field on occasion. The noise level in the work environment is usually quiet, but can be moderately noisy. The noise level when in the field can be quite noisy.

SELECTION GUIDELINES AND GENERAL INFORMATION
Formal application, rating of education and experience; oral interview and reference check; job related tests may be required.

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Effective Date:

Revision History:

Resolution:

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:October 25, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Monica Walker, Human Resources Manager
SUBJECT: Adopt Resolution Approving Publicly Available Pay Schedule Effective October 25, 2022, Pursuant to the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR)
BACKGROUND: Based on recent salary changes resulting from bargaining unit contracts approved by City Council, staff proposes to adopt a resolution approving the current salary schedule for public posting. Per CalPERS Circular Letter 200-00320 issued January 8, 2020 (Exhibit A), the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR) require employees to be paid pursuant to a publicly available pay schedule that meets the requirements of CCR Section 570.5(a) to qualify as both compensation earnable and pensionable compensation that is reportable to the California Public Employees’ Retirement System (CalPERS).

While the City has historically met all requirements for publication of pay schedules, action to adopt a single unified pay schedule is required by the CalPERS Circular Letter. Adoption of the unified pay schedule does not affect the salary or compensation paid to any City employee, but merely restates pay rates that have already been approved by the City Council at public meetings.

DISCUSSION: At this time, changes to the salary schedule are needed to reflect recent salary changes for the San Bruno Management Employees Association (SBMEA), City Manager, and Assistant City Manager job classifications. City Council approved salary increases for the SBMEA bargaining unit and the City Manager job classification during the regular City Council meeting on October 11, 2022. In addition, during closed session on October 4, 2022, City Council approved salary increases to the Assistant City Manager classification in the amounts of 6% effective the first full pay period in January 2022, and 3% effective the first full pay period in January 2023.

There are eight (8) requirements that must be met by a publicly available pay schedule for it to be used to determine pay rates per the CalPERS Circular Letter:
1) Be duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws.
2) Identify the position title for every employee position. 3) Show the pay rate as a single amount or multiple amounts within a range for each identified

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Honorable Mayor and Members of the City Council
October 25, 2022

Page 2 of 2 ends

3 7
7 position.
4) Indicate the time base, including, but not limited to, whether the time base is hourly, daily, bi- weekly, monthly, bi-monthly, or annually.
5) Be posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's website. 6) Indicate an effective date and date of any revisions. 7) Is retained by the employer and available for public inspection for not less than five years. 8) Does not reference another document in lieu of disclosing the pay rate.

Historically, the City of San Bruno has consistently met all requirements for publicly available pay schedules. A compliant salary schedule is retained for at least five years, posted on the City’s website, and available for public inspection in the Human Resources Department.

The City’s governing body (City Council) has approved every tentative agreement or side letter containing salary increases that arise from negotiations with the City’s various bargaining units.

Subsequently, City Council grants approval of a “single document” salary schedule as required by CalPERS. Going forward, each time there is an action to delete or add a classification or change the salary range for any position on the salary schedule, the City will include the authorization to amend the unified salary schedule when the City Council approved the change to any salary range or classification.

FISCAL IMPACT: There is no fiscal impact connected to this action to update and republish the publicly available Pay Schedule pursuant to the Public Employee’s Retirement Law, Public Employees’ Pension Reform Act of 2013, and Title 2 of the California Code of Regulations.

ENVIRONMENTAL IMPACT: There is no environmental impact.

RECOMMENDATION: Adopt Resolution Approving Publicly Available Pay Schedule Effective October 25, 2022, Pursuant to the Public Employee’s Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR).

ALTERNATIVES: Do not adopt a publicly available pay schedule pursuant to the Public Employees’ Retirement Law and risk potential penalties.

ATTACHMENTS:

1. Resolution

2. Salary Schedule

3. CalPERS Circular Letter 200-00320

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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO APPROVING PUBLICLY AVAILABLE PAY SCHEDULE EFFECTIVE OCTOBER 25, 2022, PURSUANT TO THE PUBLIC EMPLOYEES’ RETIREMENT LAW (PERL), PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 (PEPRA), AND TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS (CCR)

WHEREAS, the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR) require employee pay rates to be paid pursuant to a publicly available pay schedule that meets the requirements of CCR Section 570.5(a) to qualify as both compensation earnable an d pensionable compensation that is reportable to CalPERS; and

WHEREAS, publicly available pay schedules must be duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; and,

WHEREAS, publicly available pay schedules must identify the position title for every employee position; and

WHEREAS, publicly available pay schedules must show the pay rate as a single amount or multiple amounts within a range for each identified position; and

WHEREAS, publicly available pay schedules must indicate the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; and

WHEREAS, publicly available pay schedules must be posted at the o ffice of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's website; and

WHEREAS, publicly available pay schedules must indicate an effective date and date of a ny revisions; and

WHEREAS, publicly available pay schedules must be retained by the employer and available for public inspection for not less than five years; and

WHEREAS, publicly available pay schedules must not reference another document in lieu of disclosing the pay rate; and

WHEREAS, the City of San Bruno has historically adopted publicly available pay schedules that conform with state law, and that adoption of a unified pay schedule per CalPERS Circular Letter 200 - 00320 will not change the salary or compensation of any City employee.

NOW, THEREFORE, BE IT RESOLVED, that the San Bruno City Council hereby approves the Publicly Available Pay Schedule Effective October 25, 2022 (Attachment 2) Pursuant to the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR) attached as Exhibit A.

---oOo---

I hereby certify that foregoing Resolution No. 2022 -
was introduced and adopted by the San Bruno City Council at a regular meeting on October 25, 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

_________________________________
Vicky Hasha
Deputy City Clerk

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CITY MANAGER Exempt (By Contract) Effective 07/01/2022 23,669 CITY ATTORNEY Exempt (By Contract) Effective 02/07/2021 20,031

CLASSIFICATION BARGAINING UNIT EFFECTIVE DATE Step 1 Step 2 Step 3 Step 4 Step 5 ACCOUNTANT Mid-Management 01/03/22 6,955 7,320 7,705 8,109 8,535 ACCOUNTING & CUSTOMER SERVICE REP I Miscellaneous 01/03/22 4,705 4,952 5,212 5,486 5,774 ACCOUNTING & CUSTOMER SERVICE REP II Miscellaneous 01/03/22 5,409 5,693 5,992 6,307 6,638 ACCOUNTING & CUSTOMER SERVICE REP III Miscellaneous 01/03/22 6,222 6,549 6,893 7,255 7,636 ACCOUNTING MANAGER Mid-Management 01/03/22 9,868 10,386 10,931 11,505 12,109 ASSISTANT CITY MANAGER Exempt (Management Benefits) 01/03/22 16,349 17,207 18,110 19,061 20,062 ASSISTANT ENGINEER Mid-Management 01/03/22 8,066 8,489 8,935 9,404 9,898 ASSISTANT PLANNER Mid-Management 01/03/22 6,686 7,037 7,406 7,795 8,204 ASSISTANT TO CITY MANAGER Exempt (Mid-Management Benefits) 01/03/22 9,868 10,386 10,931 11,505 12,109 ASSOCIATE CIVIL ENGINEER Mid-Management 01/03/22 9,276 9,763 10,276 10,815 11,383 ASSOCIATE PLANNER Mid-Management 01/03/22 7,688 8,092 8,516 8,963 9,434 BUILDING INSPECTOR I Mid-Management 01/03/22 6,853 7,212 7,591 7,990 8,409 BUILDING INSPECTOR II Mid-Management 01/03/22 7,688 8,092 8,516 8,963 9,434 CATV BUSINESS MANAGER Mid-Management 01/03/22 9,868 10,386 10,931 11,505 12,109 CATV DIRECTOR (CITYNET SERVICES DIRECTOR) Management 01/03/22 15,567 16,384 17,244 18,149 19,102 CATV HEADEND TECHNICIAN Miscellaneous 01/03/22 7,191 7,569 7,966 8,384 8,824 MEDIA MANAGER (FORMERLY CATV PROGRAMMING TECHNOLOGY MANAGER) Mid-Management 01/03/22 8,071 8,495 8,941 9,410 9,904 CATV SYSTEM ENGINEER Mid-Management 01/03/22 9,868 10,386 10,931 11,505 12,109 CATV TECHNICIAN I Miscellaneous 01/03/22 6,162 6,485 6,825 7,183 7,560 CATV TECHNICIAN II Miscellaneous 01/03/22 6,347 6,680 7,031 7,400 7,788 CATV TECHNICIAN III Miscellaneous 01/03/22 6,538 6,881 7,242 7,622 8,022 CHIEF BUILDING OFFICIAL Mid-Management 01/03/22 10,737 11,301 11,894 12,519 13,176 CITY CLERK Exempt (Mid-Management Benefits) 01/03/22 9,581 10,084 10,613 11,170 11,756 CITYNET SERVICES TECHNICAL MANAGER Mid-Management 01/03/22 9,216 9,700 10,209 10,745 11,309 CODE ENFORCEMENT OFFICER I Police 01/03/22 6,401 6,737 7,091 7,463 7,855 CODE ENFORCEMENT OFFICER II Police 01/03/22 7,041 7,411 7,800 8,209 8,640 COMMUNITY DEVELOPMENT DIRECTOR Management 01/03/22 14,890 15,672 16,495 17,361 18,272 COMMUNITY DEVELOPMENT TECHNICIAN I Miscellaneous 01/03/22 5,517 5,807 6,112 6,433 6,771 COMMUNITY DEVELOPMENT TECHNICIAN II Miscellaneous 01/03/22 6,347 6,680 7,031 7,400 7,788 COMMUNITY SERVICES DIRECTOR Management 01/03/22 15,265 16,066 16,909 17,797 18,731 COMMUNITY SERVICES OFFICER Police 01/03/22 4,782 5,033 5,297 5,575 5,868 COMMUNITY SERVICES SUPERINTENDENT Mid-Management 01/03/22 9,746 10,257 10,796 11,362 11,959 COMPUTER SUPPORT TECHNICIAN Miscellaneous 01/03/22 6,319 6,651 7,000 7,368 7,755 CUSTODIAN Miscellaneous 01/03/22 5,029 5,293 5,571 5,864 6,172 CUSTODIAN LEAD Miscellaneous 01/03/22 5,784 6,088 6,408 6,744 7,098 DEPUTY CITY CLERK Exempt (Miscellaneous Benefits) 01/03/22 6,062 6,380 6,715 7,068 7,439 DEPUTY DIRECTOR, COMMUNITY SERVICES Mid-Management 01/03/22 11,233 11,822 12,443 13,096 13,784 DEPUTY PUBLIC WORKS DIR - PW Admin & Engineering Mid-Management 01/03/22 12,702 13,369 14,071 14,810 15,587 DEPUTY PUBLIC WORKS DIR - PW Utilities & Operations Mid-Management 01/03/22 11,557 12,164 12,802 13,475 14,182 DEPUTY PUBLIC WORKS DIR - PW Utilities & Operations with PE Mid-Management 01/03/22 12,702 13,369 14,071 14,810 15,587 ECONOMIC DEVELOPMENT MANAGER Exempt (Mid-Management Benefits) 01/03/22 9,868 10,386 10,931 11,505 12,109 ENGINEER TECH/PW INSPECTOR Miscellaneous 01/03/22 7,240 7,620 8,020 8,441 8,884 EXECUTIVE ASSISTANT Miscellaneous 01/03/22 5,945 6,257 6,585 6,931 7,295 EXECUTIVE ASSISTANT TO THE CITY MANAGER Exempt (Miscellaneous Benefits) 01/03/22 6,676 7,026 7,395 7,783 8,192 FACILITIES TECH l Miscellaneous 01/03/22 5,517 5,807 6,112 6,433 6,771 FIELD SUPERVISOR Mid-Management 01/03/22 7,151 7,526 7,921 8,337 8,775 FIELD SUPERVISOR - CATV Mid-Management 01/03/22 7,151 7,526 7,921 8,337 8,775 FIELD SUPERVISOR - PARKS Mid-Management 01/03/22 7,151 7,526 7,921 8,337 8,775 FINANCE DIRECTOR Management 01/03/22 14,890 15,672 16,495 17,361 18,272 FINANCIAL SERVICES MANAGER Mid-Management 01/03/22 9,868 10,386 10,931 11,505 12,109 FINANCIAL SERVICES SUPERVISOR Mid-Management 01/03/22 7,976 8,394 8,835 9,299 9,787 FIRE BATTALION CHIEF Public Safety Mid-Management 01/03/22 13,274 13,971 14,704 15,476 16,289 FIRE CAPTAIN Fire 01/03/22 10,294 10,834 11,403 12,002 12,632 FIRE CHIEF Management 01/03/22 16,314 17,171 18,072 19,021 20,020 FIRE INSPECTOR Fire 01/03/22 7,869 8,282 8,717 9,175 9,657 FIREFIGHTER Fire 01/03/22 8,507 8,954 9,424 9,919 10,440 FIREFIGHTER RECRUIT Fire 01/03/22 7,656 - - - - FACILITIES TECH II Miscellaneous 01/03/22 6,347 6,680 7,031 7,400 7,788 FOOD SERVICES COORDINATOR Miscellaneous 01/03/22 5,824 6,130 6,452 6,791 7,148 HUMAN RESOURCES DIRECTOR Management 01/03/22 14,890 15,672 16,495 17,361 18,272 HUMAN RESOURCES MANAGER Exempt (Mid-Management Benefits) 01/03/22 9,868 10,386 10,931 11,505 12,109 INFORMATION TECHNOLOGY ASSOCIATE Mid-Management 01/03/22 7,338 7,724 8,129 8,556 9,005 INFORMATION TECHNOLOGY MANAGER Mid-Management 01/03/22 10,253 10,792 11,358 11,954 12,582 LEAD CUSTOMER SERVICE & TECH SUPPORT REP Miscellaneous 01/03/22 6,969 7,335 7,720 8,125 8,552 LEAD MAINTENANCE WORKER Miscellaneous 01/03/22 6,347 6,680 7,031 7,400 7,788 LEAD WATER SYSTEM OPERATOR - PUMPS Miscellaneous 01/03/22 7,402 7,791 8,200 8,631 9,084 LEAD WATER SYSTEMS OPERATOR - FIELD Miscellaneous 01/03/22 7,402 7,791 8,200 8,631 9,084 LEAD WATER SYSTEMS OPERATOR - WELLS Miscellaneous 01/03/22 7,402 7,791 8,200 8,631 9,084 LEGAL SECRETARY Exempt (Miscellaneous Benefits) 01/03/22 6,676 7,026 7,395 7,783 8,192 LIBRARIAN I Miscellaneous 01/03/22 5,788 6,092 6,412 6,749 7,103 LIBRARIAN II Miscellaneous 01/03/22 6,656 7,005 7,373 7,760 8,167 LIBRARY ASSISTANT I Miscellaneous 01/03/22 4,405 4,636 4,879 5,135 5,405 LIBRARY ASSISTANT II Miscellaneous 01/03/22 5,066 5,332 5,612 5,907 6,217 LIBRARY SERVICES COORDINATOR Miscellaneous 01/03/22 5,824 6,130 6,452 6,791 7,148 LIBRARY SERVICES MANAGER Mid-Management 01/03/22 9,032 9,506 10,005 10,530 11,083 MAINTENANCE SERVICES MANAGER SERIES Mid-Management 01/03/22 9,216 9,700 10,209 10,745 11,309 MAINTENANCE WORKER I Miscellaneous 01/03/22 4,797 5,049 5,314 5,593 5,887 MAINTENANCE WORKER II Miscellaneous 01/03/22 5,517 5,807 6,112 6,433 6,771 MANAGEMENT ANALYST I Mid-Management (HR - Exempt Mid-Management Benefits) 01/03/22 6,918 7,281 7,663 8,065 8,488 MANAGEMENT ANALYST II Mid-Management (HR - Exempt Mid-Management Benefits) 01/03/22 7,953 8,371 8,810 9,273 9,760 MECHANIC I Miscellaneous 01/03/22 5,517 5,807 6,112 6,433 6,771 MECHANIC II Miscellaneous 01/03/22 6,347 6,680 7,031 7,400 7,788 NUTRITION PROGRAM MANAGER Mid-Management 01/03/22 7,151 7,526 7,921 8,337 8,775 PARKS AND FACILITIES MANAGER Mid-Management 01/03/22 9,334 9,824 10,340 10,883 11,454 PARKS MAINTENANCE TECHNICIAN I Miscellaneous 01/03/22 5,517 5,807 6,112 6,433 6,771

CITY OF SAN BRUNO MONTHLY SALARY SCHEDULE
CITY COUNCIL RESOLUTION NO. 2022-xx OCTOBER 25, 2022

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CLASSIFICATION BARGAINING UNIT EFFECTIVE DATE Step 1 Step 2 Step 3 Step 4 Step 5 PARKS MAINTENANCE TECHNICIAN II Miscellaneous 01/03/22 6,347 6,680 7,031 7,400 7,788 PLANNING AND HOUSING MANAGER Mid-Management 01/03/22 10,058 10,586 11,141 11,726 12,342 POLICE CAPTAIN Public Safety Mid-Management 01/03/22 14,850 15,630 16,451 17,315 18,224 POLICE CHIEF Management 01/03/22 16,314 17,171 18,072 19,021 20,020 POLICE CLERK I Police 01/03/22 5,133 5,403 5,687 5,986 6,300 POLICE CLERK II Police 01/03/22 5,648 5,944 6,256 6,584 6,930 POLICE COMMUNICATIONS & RECORDS SUPERVISOR Mid-Management 01/03/22 10,082 10,611 11,169 11,755 12,372 POLICE CORPORAL Police 01/03/22 9,203 9,686 10,195 10,730 11,293 POLICE LIEUTENANT Public Safety Mid-Management 01/03/22 13,076 13,762 14,485 15,245 16,045 POLICE OFFICER Police 01/03/22 8,561 9,010 9,483 9,981 10,505 POLICE RECRUIT Police 01/03/22 7,705 - - - - POLICE SERGEANT Public Safety Mid-Management 01/03/22 10,543 11,097 11,680 12,293 12,938 PRINCIPAL CIVIL ENGINEER Mid-Management 01/03/22 11,165 11,751 12,368 13,018 13,701 PUBLIC SAFETY DISPATCHER I Police 01/03/22 6,695 7,047 7,417 7,806 8,216 PUBLIC SAFETY DISPATCHER II Police 01/03/22 7,363 7,750 8,157 8,585 9,036 PUBLIC WORKS DIRECTOR Management 01/03/22 15,567 16,384 17,244 18,149 19,102 PUMP MECHANIC I Miscellaneous 01/03/22 5,517 5,807 6,112 6,433 6,771 PUMP MECHANIC II Miscellaneous 01/03/22 6,347 6,680 7,031 7,400 7,788 RECREATION SERVICES COORDINATOR Miscellaneous 01/03/22 5,824 6,130 6,452 6,791 7,148 RECREATION SERVICES MANAGER Mid-Management 01/03/22 8,279 8,713 9,171 9,652 10,159 RECREATION SERVICES SUPERVISOR Mid-Management 01/03/22 7,151 7,526 7,921 8,337 8,775 SECRETARY Miscellaneous 01/03/22 5,403 5,687 5,986 6,300 6,631 SENIOR CODE ENFORCEMENT OFFICER Police 01/03/22 7,924 8,340 8,778 9,239 9,724 SENIOR CIVIL ENGINEER Mid-Management 01/03/22 10,221 10,757 11,322 11,916 12,542 SENIOR PLANNER Mid-Management 01/03/22 9,094 9,571 10,074 10,602 11,159 SYSTEMS ADMINISTRATOR Mid-Management 01/03/22 8,228 8,660 9,115 9,593 10,097 WAREHOUSE CLERK Miscellaneous 01/03/22 4,797 5,049 5,314 5,593 5,887 WATER FIELD SERVICE SUPERVISOR Mid-Management 01/03/22 8,513 8,960 9,431 9,926 10,447 WATER QUALITY & PRODUCTION SUPERVISOR Mid-Management 01/03/22 8,513 8,960 9,431 9,926 10,447 WATER QUALITY TECHNICIAN I Miscellaneous 01/03/22 5,517 5,807 6,112 6,433 6,771 WATER QUALITY TECHNICIAN II Miscellaneous 01/03/22 6,347 6,680 7,031 7,400 7,788 WATER SYSTEM & CONSERVATION MANAGER Mid-Management 01/03/22 8,958 9,428 9,923 10,444 10,992 WATER SYSTEMS MANAGER Mid-Management 01/03/22 9,790 10,304 10,845 11,415 12,014 WATER SYSTEMS OPERATOR I Miscellaneous 01/03/22 5,629 5,924 6,235 6,562 6,907 WATER SYSTEMS OPERATOR II Miscellaneous 01/03/22 6,437 6,775 7,131 7,505 7,899

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California Public Employees’ Retirement System
P.O. Box 942715 | Sacramento, CA 94229-2715
888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442
www.calpers.ca.gov
Payroll
Circular Letter
January 8, 2020
Circular Letter: 200-003-20
Distribution: IV, VI, X, XII, XVI
To: All CalPERS Contracted Agencies (Public Agency, Schools, and State) Subject: Statutory and Regulatory Requirements for Publicly Available Pay Schedules Purpose
The purpose of this Circular Letter is to inform all CalPERS Contracted Agencies of the requirements for providing CalPERS with a Publicly Available Pay Schedule in compliance with the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR).

Purpose of Publicly Available Pay Schedules
Under the PERL and PEPRA, compensation earnable and pensionable compensation are determined in accordance with amounts identified on publicly available pay schedules.

Compensation Earnable
Under Government (Gov.) Code sections 20636 and 20636.1, compensation earnable means the pay rate and special compensation of the member, as further defined by those statutes.

Pay rate for contracting agency and school members is deemed the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. Pay rate for contracting agency and school members who are not in a group or class is deemed the monthly rate of pay or base pay of the member, paid in cash and pursuant to publicly available pay schedules, for services rendered on a full-time basis during normal working hours, subject to specified limitations.

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Circular Letter: 200-003-20
January 8, 2020

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Pay rate for state members is deemed the average monthly remuneration paid in cash out of funds paid by the employer to similarly situated members of the same group or class of employment, in payment for the member’s services or for time during which the member is excused from work, as further specified by subdivision (g) of Gov. Code 20636, pursuant to publicly available pay schedules.

Pensionable Compensation
Pursuant to Gov. Code section 7522.34, pensionable compensation of a new member of any public retirement system means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules, subject to specified limitations.

Requirements of Publicly Available Pay Schedules
Subdivision (a) of CCR section 570.5 defines the requirements for a publicly available pay schedule used to determine pay rates.

Pay rates shall be limited to the amount listed on a pay schedule that must meet all the following eight (8) requirements:

1. Be duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws

2. Identify the position title for every employee position

3. Show the pay rate as a single amount or multiple amounts within a range for each identified position

4. Indicate the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually

5. Be posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's website

6. Indicate an effective date and date of any revisions

7. Is retained by the employer and available for public inspection for not less than five years

8. Does not reference another document in lieu of disclosing the pay rate Here is an example of a compliant pay schedule, to the extent it has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws, it is posted on the employer’s website, and it is retained by the employer and available for public inspection for not less than five years:

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Circular Letter: 200-003-20
January 8, 2020

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Classification Rate Type Step 1 Step 2 Step 3 Step 4 Step 5 City Manager Monthly $10,500 $11,000 $11,500 $12,000 $12,500 City Counsel Monthly $10,000 $10,500 $11,000 $11,500 $12,000 City Clerk Monthly $5,500 $6,000 $6,500 $7,000 $7,500
Call Center Representative Monthly $5,000 $5,500 $6,000 $6,500 $7,000 Analyst Monthly $5,000 $5,500 $6,000 $6,500 $7,000
Assistant Monthly $4,500 $5,000 $5,500 $6,000 $6,500
Revised as of 09/01/2017 and adopted by the Board as of 09/15/2017 City of CalPERS
Salary Schedule for Fiscal Year 17-18
Effective as of 07/01/2017
Special Compensation
Pursuant to CCR section 571 for classic members, and CCR section 571.1 for new members under PEPRA, special compensation items are defined under an exclusive list. Each special compensation item shall be reported separately from pay rate, in accordance with the criteria described in those regulations. Therefore, a publicly available pay schedule in which the special compensation items are reflected in the pay rates does not comply with CCR section 570.5.

Absence of Publicly Available Pay Schedule
If an employer fails to meet the requirements of subdivision (a) of CCR section 570.5, under subdivision (b), the board may determine in its sole discretion an amount that will be considered as pay rate, taking into consideration all information it deems relevant including, but not limited to, the following:
• Documents approved by the employer’s governing body in accordance with requirements of public meeting laws and maintained by the employer
• Last pay rate listed on a pay schedule that conforms to the requirements of subdivision (a) with the same employer for the position at issue
• Last pay rate for the member that is listed on a pay schedule that conforms with the requirements of subdivision (a) with the same employer for a different position • Last pay rate for the member in a position that was held by the member and that is listed on a pay schedule that conforms to the requirements of subdivision (a) of a former CalPERS employer.

Importance of Publicly Available Pay Schedule
Publicly available pay schedules are required by CalPERS and are a critical component to verify all members’ pay rates when calculating members’ retirement benefits. Maintaining a compliant publicly available pay schedule will support transparency and expedite CalPERS’ review process.

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Circular Letter: 200-003-20
January 8, 2020

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Failure to provide CalPERS with a compliant publicly available pay schedule may result in a retirement benefit being delayed.

Questions
It is the employer’s responsibility to comply with all terms and conditions set forth in the employer’s contract with CalPERS and to ensure all reportable information is compliant with the PERL, PEPRA, and the CCR.

If you have any questions or concerns, contact the CalPERS Customer Contact Center at 888 CalPERS (or 888-225-7377), or email [email protected].

R
enee Ostrander, Chief
Employer Account Management Division

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:October 25, 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 to 1) Introduce, Read by Title Only, and Waive Further Reading of an Ordinance of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code by Adding Chapter 12.265 (Bayhill Specific Plan Area Development Impact Fee) and Amending Chapter 12.260 (Development Impact Fee); and 2) Adopt a Resolution of the City of San Bruno Setting the Rate of the Bayhill Specific Plan Area Development Impact Fee
BACKGROUND:

The purpose of this item is to hold a public hearing to introduce an Ordinance amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code by adding Chapter 12.265 (Bayhill Specific Plan Area Development Impact Fee) and amending Chapter 12.260 (Development Impact Fee). The Ordinance is provided as Attachment 1. A Resolution establishing the Bayhill Specific Plan Area Development Impact Fees is also presented for consideration. This resolution is provided as Attachment 2.

On September 28, 2021, the City Council adopted the Bayhill Specific Plan, which is a long- range planning document that establishes a regulatory framework for guiding private and public development within the Bayhill Specific Plan Planning Area over the next 20 years. At the same meeting, the City Council also approved YouTube’s Phase 1 Development, which includes the construction of two new office buildings totaling approximately 440,000 square feet. The Phase 1 development also includes the realignment of Grundy Lane, the abandonment of the northern portion of Elm Avenue located directly to the north of the realigned Grundy Lane, the construction of an off-street multi-modal transportation hub, the demolition of the Lake buildings (1150 – 1250 Bayhill Drive) to provide construction staging and a parking area during the construction of Phase 1, and the approval of a Development Agreement between the City and Google/YouTube.

The Bayhill Specific Plan Area comprises approximately 92.2 acres and is generally bounded by Interstate 280 to the west and 380 to the north, El Camino Real to the east (but exclusive of the properties fronting El Camion Real), and San Bruno Avenue West to the south from Interstate 280 to Elm Avenue. The Bayhill Specific Plan area is depicted in this map below.

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0 The Bayhill Specific Plan Implementation Chapter describes the policies and actions that are required to ensure necessary public infrastructure, amenities, and services are provided and maintained as new development occurs in the Specific Plan Area over time. Bayhill Specific Plan Table 7-1 provides cost estimates for the primary infrastructure improvements necessary to support full development of the Specific Plan at build-out and their approximate time frame or phasing for implementation. Furthermore, Specific Plan Policy 7-1b calls for the establishment of an Area Development Impact Fee (ADIF) Program to fund the specific costs associated with infrastructure projects that are identified in Table 7-1.

After the Bayhill Specific Plan was adopted by the City Council in September 2021, and in order to implement Bayhill Specific Plan Policy 7-1b, the City contracted with Economic & Planning Systems, Inc. (EPS), with technical support from Fehr & Peers, to prepare the Bayhill Specific Plan Area Development Impact Fee Nexus Study (“Nexus Study”). This Nexus Study is provided as Attachment 3. The Nexus Study is designed to provide the City with the necessary technical documentation in order to adopt a comprehensive Area Development Impact Fee (“ADIF”) program.

DISCUSSION:

Development Impact Fees
As discussed in the Nexus Study, development impact fees are one-time charges on new development projects collected and used by the City to cover the cost of capital facilities and infrastructure needed to serve new development. The Bayhill ADIF program would be applicable to future development in the Plan Area only and will not replace or exempt development from paying other City fees, including the current City-Wide Development Impact Fee.

Associated State Laws
Assembly Bill (AB) 1600: Impact Fees are regulated by (AB) 1600, the Mitigation Fee Act (Government Code Section 66000 et seq.). The purpose of the Nexus Study is to determine the maximum allowable fees that the City can charge for facilities and infrastructure consistent with the legal requirements of Assembly Bill (AB) 1600 (Government Code Section 66000 et seq.).

Fees collected under (AB) 1600 are to be collected for capital facility and infrastructure improvements only, used to fund facility needs created by new development rather than existing deficiencies, and the fees are to be based on a rational nexus between new development and the costs of the capital facilities and infrastructure needed to accommodate such development.

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0 Assembly Bill (AB) 602: In September 2021, the State of California adopted (AB) 602, which created several new requirements related to development and implementation of impact fee programs. The new key provisions related to the calculations documented in the attached Nexus Study are summarized below:
- Capital Improvement Plan: (AB) 602 requires that jurisdictions adopt a capital improvement plan as part of the nexus study process. The Nexus Study relies on a Bayhill Area DIF Capital Improvement Plan to be approved by the City Council in conjunction with the Bayhill Area DIF Program. The Bayhill Area DIF Capital Improvement Plan presented in the Nexus Study is derived from the infrastructure projects/capital improvements identified in the Bayhill Specific Plan Table 7-1.
- Explanation of Level of Service and Fee Increase: (AB) 602 requires that the Nexus Study make certain findings if the fee calculation is based on a change in existing levels of service, or if it is proposing an increase in an existing fee. Since the Bayhill Area DIF will be new to the City and only apply to a Bayhill Specific Plan area, existing citywide service standards are not used directly in the fee calculation and no existing fee is being increased. As such, the attached Nexus Study is based on service standards that have been developed for, and are unique to, the Bayhill Specific Plan Area, as documented in the Bayhill Specific Plan and referenced as appropriate in the Nexus Study.
- Residential Fee to be Charged in Proportion to Unit Size: (AB) 602 requires that a Nexus Study adopted on or after July 1, 2022, must calculate a fee imposed on a housing development project proportionately to the square footage or proposed unit of the development. Further discussion regarding this matter can be found on the following page.

Bayhill Specific Plan Capital Improvement Plan
The Capital Improvement Plan included in the Nexus Study is derived from Table 7-1 in the Bayhill Specific Plan with some minor modifications. The Specific Plan identified these improvements as necessary to accommodate the level of service standards embodied therein or in the City’s General Plan as well as address mitigations identified through the Environmental Impact Report (EIR). The list of improvements included in the Nexus Study reflect those included in the Specific Plan; however, the costs have been updated to reflect updated information provided by the Public Works Department and in consultation with transportation engineers from Fehr & Peers.

Consistent with the requirements of the Mitigation Fee Act, the Area DIF calculation excludes the cost of infrastructure improvements that are necessary to address existing deficiencies and/or serve other areas of the city. Thus, this analysis does not include costs that are needed to address existing deficiencies or maintenance projects—only upgrades to expand system capacity. Estimated total infrastructure hard and soft costs total $45.6 million, in February 2022 dollars. Approximately 29 percent ($13,010,000) of the $45.6 million listed in the Bayhill Area DIF CIP have been allocated to new development in the Plan Area. In other words, 71 percent of the costs have been allocated to address either existing infrastructure needs and/or development elsewhere in the city. The updated Capital Improvement Plan can be found on the following page and is also included on Page 12 of the Nexus Study.

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0 Amount%Access and Connectivity Project21Signalize Traeger & San Bruno Ave. and install sidewalk on the south side of San Bruno Ave.3,13 $1,914,429 $1,547,000 81%1-5 Years2Implement bike/ped crossing improvements at El Camino Real & Bayhill Drive/Euclid Ave.4,12 $1,595,357 $397,776 25%1-5 Years3Gateway and Wayfinding Signs for the Bayhill Office Park5 $531,786 $531,786 100%1-5 Years4Complete First/Last-mile bicycle and pedestrian improvements along Euclid and San Bruno Aves.4, 6 $4,200,000 $1,047,200 25%5-10 Years5Install Signal Interconnect in and around Bayhill Office Park2 $532,318 $234,220 44%5-10 Years6Optimize signal cycle length timing for all signalized intersections internal to and within a 1/4 mile of the Planning Area5 $286,632 $286,632 100%Upon completion of each phase7Implement lane reconfiguration, including striping, signage, and signal timing improvements at San Bruno Ave. off-ramp I-280 northbound11,13 $638,143 $280,783 44%5-10 Years8Install traffic control at Cherry Ave. and Bayhill Shopping Cntr. Driveway7 $744,500 $327,580 44%5-10 Years9Implement street network improvements on San Bruno Ave. between Cherry Ave. and I-280 on-ramp (either modify medians and install bicycle lanes OR add 3rd westbound lane on San Bruno Ave. approaching I-280 on-ramps)13 $1,169,929 $513,705 44%5-20 Years10Modify northbound approach at I-280 SB & Sneath Lane to include left-turn pocket, through lane, and free right turn13 $3,190,715 $1,402,851 44%5-20 Years11Implement a bicycle and pedestrian wayfinding system with directions and travel time estimates to BART, Caltrain, and Downtown5 $212,714 $212,714 100%Concurrent with adjacent development12Implement pedestrian crossing improvements at El Camino Real & San Bruno Ave.4, B $1,169,929 $291,419 25%Concurrent with San Bruno Ave. improvements13Install westbound right-turn pocket at San Bruno and Cherry Ave.8,13,14 $1,595,357 $700,894 44%Evaluate prior to each phase14Conduct public parking and curbside loading survey and use results to re-evaluate parking supply and configuration.5 $297,800 $297,800 100%Every 3 years upon completion of Phase I 15Install marked pedestrian crossing with flashing pedestrian beacon at San Bruno Ave. and Acacia Ave. $531,786 $233,986 44%Contingent on construction of Civic UseSubtotal $18,611,394 $8,306,344 45%Water Supply16Buried water tank at Commodore Park9 $21,271,430 $4,701,490 22%1-5 YearsStormwater17Parallel 72-inch storm drain pipeline within 30-ft wide easement10$5,743,286 $0 0%Concurrent with developmentGrand Total (rounded to nearest 10,000s) $45,630,000 $13,010,000 29%[1][2][3][4][5]The full costs are allocated to Planning Area growth because it is the primary beneficiary of the project.[6][7]Represents mid-point cost estimate of two solutions (1) a traffic signal and (2) pedestrian hybrid beacon (PHB) signal.[8]Cost for acquisition of a portion of private property is based on a May 2019 appraisal of a parcel near Caltrain.[9][10][11]EIR Mitigation Measure.[12]Improvements assumed to be implemented by the EIR. [13]Project would address a near-term or long-term LOS inconsistency with the General Plan.[14]Only needed if the full office buildout occurs.*Most cost shown in Table 7.1 of the Specific Plan have been inflated by 6.4% to reflect increases in construction costs from 2019 to 2022based on the Engineering News Record.

The transportation project is listed in the City's Walk 'n Bike Plan (2016). The Bayhill Specific Plan Share is its share relative to the projected Citywide new development growth and existing City users, with greater benefit being provided to the Bayhill Office Park due to the proximity of the improvements (25% of Estimated Project Cost). Create a bicycle boulevard on repaved Euclid Avenue with bicycle ramps and crossing to future Huntington cycle track; add wayfinding signage, pedestrian-scale lighting, and landscaping along San Bruno Avenue between El Camino and Caltrain station; add high-visibility crosswalks, crosswalk signage, and bulbouts along San Bruno Avenue at all intersections currently missing these treatments.The Bayhill Specific Plan Share is its share relative to the projected Citywide new development growth and existing City users (25.5% of the Estimated Project Cost). The Bayhill Area Plan contribution to the larger water tank has been adjusted down (22.1%) to account for the fair share payment of the smaller water tank in the Citywide Development Impact Fee.The developers are not required to contribute to the stormwater project because the improvement addresses an existing deficiency in the storm drainage system. A 30 feet wide easement shall be provided along the alignment of the storm drain pipeline if the existing or realigned storm drain pipe remains at 72-inches. The easement width may be reduced to 20 feet along the alignment if the developer constructs a single larger conveyance pipe at the City determined required capacity.

Transportation project cost allocations are based on trip generation numbers. Unless footnoted otherwise, the transportation project is necessitated as a result of the growth from the Specific Plan adoption and/or serves and benefits the Specific Plan area. The Bayhill Specific Plan Share is its share relative to the projected Citywide new development growth (44% of Estimated Project Cost). Cost allocation based on growth in vehicle trips at intersection divided by total intersection trips at build-out.

Cost Item1 Estimated Project CostPlan Area ShareTimeframe / Phasing Excludes improvements, including within the public right-of-way, paid for by the developer as part of their project, conditions of approval, or required on-site facilities.

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0 Maximum Allowable and Recommended Area Development Impact Fees The following table provides the maximum allowable Bayhill ADIF supported by the nexus findings and analysis of the estimated costs of required capital infrastructure and facilities contained in the Nexus Study. The maximum allowable fee is the staff recommended fee, as shown in the Resolution. As currently calculated, the fee would be applied to all new office, retail, hotel, multifamily residential projects, and accessory dwelling units over 750 square feet in area within the Plan Area. The Specific Plan does not allow for single-family home development, so there is no fee for that land use. As previously noted, the Bayhill ADIF Program will be independent and in addition to all other City development impact fees that may also be applicable to the Plan Area, including the City-Wide Development Impact Fee. This is because the Bayhill Area DIF Program does not include the costs of any infrastructure projects that are included in the other development impact fee programs.

As noted within the Table above, the calculated maximum allowable Bayhill Area DIF for nonresidential development is $6.17 per office square foot, $32.46 per retail square foot, and $5,739 per hotel room. For multifamily residential developments, units less than 407 square feet are charged $3,524 per unit, units between 407 square feet and 2,034 square feet are charged $8.66 per square foot, and units greater than 2,034 square feet will be charged $17,618 per unit. If implemented at the maximum levels shown above, the proposed impact fee program would generate revenue to cover nearly 29%, or approximately $13 Million, of the total capital facilities identified in the fee program. All fees are expressed in February 2022 dollars. The ordinance includes a provision to index these amounts annually based on the California Construction Cost Index for San Francisco, California published by the Engineer News Record (or any successor to such index) to account for inflation.

Ordinance Summary
A summary of the Bayhill Specific Plan Area Development Impact Fee Ordinance is provided below.

Fees Imposed: The Bayhill Specific Plan Area Development Impact Fee is imposed upon each development project in the Bayhill Specific Plan Area as a condition of development. The fee is imposed on the following development projects:

Land Use Category Fee Amount/ Unit1
Office $6.17per sq.ft.Retail $32.46per sq.ft.Hotel $5,739per hotel roomMulti-Family ResidentialUnits equal to or less than 407 sq.ft. $3,524per unitUnits between 407-2,034 sq.ft. $8.66per sq.ft.Units equal to or greater than 2,034 sq.ft. $17,618per unit[1] Fee includes a 5% administrative charge to cover cost of implementing and administerting the Bayhill Area DIF Program.

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0 - Non-Residential Development Projects;
- Multi-family and ADU Residential Development Projects; and, - Mixed Residential and Non-Residential Development Projects.

Fees Due at Building Permit Issuance: Developers are required to pay the Bayhill Area Development Impact Fees prior to the issuance of the building permit. The fee for a development project will be calculated at the rates in effect as of the date the fee is paid. The City will not issue a building permit for a development project unless the fee has been paid. For purposes of this Ordinance, a Building Permit is defined as, “A full structural building permit as well as partial permit such as foundation-only permits.”

Credit for Redevelopment: When a development project involves the demolition of an existing structure and its replacement with a new structure, the developer is entitled to credits against the fees. In order to qualify for a credit, the developer must demonstrate that the building was either occupied by a resident (for a residential building) or a business (for a non-residential building) during six of the twelve months prior to the date of a complete and adequate building permit application. The credit will be calculated for the fee that would be charged for the development of the structure to be demolished, calculated at the rate in effect on the date the fee is paid.

Annual Reporting: The City will comply with the public reporting requirements in Sections 660010 and 66006 of the California Government Code.

Appeals: The developer may submit an appeal to the City Manager if they believe the Area Development Impact Fees have been calculated incorrectly by the City or that the fee is not reasonably related to the impact of the developer’s project on the Bayhill Specific Plan Area facilities. The City Manager will have 30 days to respond to the appeal after it has been filed, either by determining that the original calculated amount was correct, or by determining that a revised amount should be due. If the City Manager determines that the correct fee is less than the amount already paid to the City, the City will refund to the Developer the amount of the overpayment. If the City Manager determines that the correct fee is greater than the amount already paid to the City, the developer will pay to the City the amount of the underpayment.

Annual Inflation Adjustment: Each July 1, beginning July 1, 2023, the rate of the Fee will be automatically adjusted to reflect the change in the California Construction Cost Index for San Francisco, California published by the Engineer News Record (or any successor to such index).

This is the standard index used for this purpose.

Development Impact Fee Administration: Once adopted, fees will start to be collected for new development projects within the Bayhill Specific Plan area. Fees will be deposited into a specific and separate account and tracked separately from other City revenues. The fees will be expended by the City to fund improvements to public infrastructure necessary to accommodate growth consistent with the Bayhill Specific Plan and level of service requirements.

Modifications to Chapter 12,260 (Development Impact Fees) The Ordinance also proposes specific amendments to Chapter 12.260 (Development Impact Fees) of the San Bruno Municipal Code. The proposed amendments, which are outlined below will ensure that Chapter 12.265 and Chapter 12.260 are consistent with one another.

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0 Fees Imposed: Chapter 12.260.030 of the San Bruno Municipal Code will be amended to clarify that City-Wide Development Impact fees are imposed on the following development projects:
- Non-Residential Development Projects;
- Multi-family, Single-family, and ADU Residential Development Projects; and, - Mixed Residential and Non-Residential Development Projects.

Fees dues at Building Permit Issuance: Chapter 12.260.050(B) of the San Bruno Municipal Code will be amended by requiring the fees for a development project to be calculated at the rates in effect as of the date the fees are paid. Currently, Chapter 12.260.050(B) specifies that fees will be calculated at the rates in effect as of the date the developer submits a complete and adequate application for a building permit. Basing the fee calculation on the date the fees are paid is consistent with the methodology used to calculated other fees in the City’s Master Fee Schedule.

Credit for Redevelopment: Chapter 12.260.060 of the San Bruno Municipal Code will be amended to specify that each credit will be equal to the fee that would be charged for the development of the structure to be demolished, calculated at the rate in effect on the date the fees are paid. Currently, Chapter 12.260.060 specifies that each credit will be equal to the fee that would be charged for the development of the structure to be demolished, calculated at the rate in effect on the date the developer submits a complete and adequate application for the associated building permit.

Annual Report: Chapter 12.260.090 of the San Bruno Municipal Code will be amended to specify that the City will comply with the public reporting requirements in Section 66001 and 66006 of the California Government Code.

Annual Inflation Adjustment: Chapter 12.260.120 of the San Bruno Municipal Code will be amended to specify that each July 1, the rate of the Fee will be automatically adjusted to reflect the change in the California Construction Cost Index for San Francisco, California published by the Engineer News Record (or any successor to such index).

Bayhill Specific Plan ADIF Program: Chapter 12.260.130 of the San Bruno Municipal Code will be added to inform developers that the Bayhill Specific Plan Area Development Impact Fee Program applies separately from and in addition to the City-wide Development Impact Fees.

Development Projects Currently Approved by the City Subject to the Bayhill ADIF At the time the Bayhill ADIF Ordinance and Resolution is presented to the City Council for adoption, there is only one “pipeline” development project that has received planning approvals in the City. No other development projects have planning applications that under review by the City at this time. The pipeline project is the YouTube Phase 1 Development, which has received building permits and is currently under construction. Pursuant to the terms of the approved Development Agreement between the City and Google/YouTube, the developer is required to pre-pay the Bayhill ADIF amount at the anticipated highest fee of $7.00 per square foot. The developer shall be entitled to credit against future payments if the adopted Bayhill ADIF per square foot rate is lower.

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If the City Council approves the introduction of the Ordinance, the second reading be scheduled as a consent calendar item at the next regular City Council meeting. The ordinance would go into effect 30 days after the second reading. If the City Council adopts the attached Resolution, the fees would go into effect 60 days after adoption of this Resolution, but only if the attached Ordinance is adopted and effective on, or prior to, that date.

FISCAL IMPACT:

There is no fiscal impact from the introduction of the ordinance. If adopted, the Ordinance will allow City staff to begin assessing and collecting fees on development projects located within the Bayhill Specific Plan area. Per the Nexus Study, the fees collected to support the 17 Capital Improvement Projects in the Bayhill Specific Plan area are projected to generate approximately $13 Million of Area Development Impact Fee revenue. This represents approximately 29 percent of the total revenue required in order to implement all capital facilities listed in the nexus study. Because impact fees can only be collected to fund a portion of any particular capital improvement, they will not fully pay for all facility and infrastructure improvements. The City must therefore continue to seek other financing mechanisms, such as Federal, State, and Regional fund/grant opportunities, or allocation of General Fund revenues to fully fund these capital improvements.

ENVIRONMENTAL IMPACT: Adoption of this ordinance is found to be categorically exempt from the California Environmental Quality Act because the adoption of this Ordinance is not a project, in that it is a government funding mechanism which does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)), and because it can be seen with certainty that there is no possibility that the fees may have a significant effect on the environment, in that this ordinance contains no provisions modifying the physical design, development, or construction of residences or nonresidential structures CEQA Guidelines Section 15061(b)(3)). The authorization for and adoption of the fee is also not a project because a project does not include the creation of a governmental funding mechanism that does not involve any commitment to any specific project (CEQA Guidelines section 15378(b)(4).

RECOMMENDATION:

Hold Public Hearing to 1) Introduce, Read by Title Only, and Waive Further Reading of an Ordinance of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code by Adding Chapter 12.265 (Bayhill Specific Plan Area Development Impact Fee) and Amending Chapter 12.260 (Development Impact Fee); and 2) Adopt a Resolution of the City of San Bruno Setting the Rate of the Bayhill Specific Plan Area Development Impact Fee

ALTERNATIVES:

1. Decline to introduce the Ordinance and Resolution; or

2. Provide additional direction to staff regarding the provisions of the Ordinance and Resolution.

ATTACHMENTS:

1. Ordinance Adding Municipal Code Chapter 12.265 and Amending Chapter 12.260

2. Resolution Setting the Rate of the Area Development Impact Fee

3. San Bruno Bayhill Development Impact Fee Nexus Study, September 2022

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ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO ADDING CHAPTER 12.265 (BAYHILL SPECIFIC PLAN AREA DEVELOPMENT IMPACT FEE) AND AMENDING CHAPTER 12.260 TO TITLE 12 (LAND USE) ARTICLE III (ZONING) OF THE

CITY OF SAN BRUNO MUNICIPAL CODE
SECTION 1. City Council makes the following findings:

A.The Mitigation Fee Act contained in Government Code 66000 et seq., permits the City to impose development impact fees on new development for the purposes of funding the public facilities necessary to serve that new development.

B.The Bayhill Specific Plan was adopted by the City Council in 2021 and provides a land use and regulatory framework for redevelopment of the Bayhill Office Center and adjacent Bayhill Shopping Center for higher-intensity development.

C.The Bayhill Specific Plan identified improvements necessary to serve new development at the level of service standards embodied in the Specific Plan or in the City’s General Plan as well as to address mitigations identified in the Bayhill Specific Plan Environmental Impact Report.

D.New development in the Bayhill Specific Plan Area will increase the demand for public facilities to serve that Area.

E.A Bayhill Specific Plan Area Development Impact Fee Program can help to ensure that developers pay a “fair share” of the capital costs associated with the public facilities that are necessitated by or serve development projects in that Area.

F.The Bayhill Specific Plan Area Development Impact Fee Program will not fund costs attributable to existing deficiencies in public facilities, but can include the costs attributable to the increased demand for public facilities reasonably related to a development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the General Plan.

G.The Bayhill Specific Plan Area Development Impact Fee Program will be independent and in addition to all other City, County, other agency, or regional development impact fees that may also be applicable to the Specific Plan Area.

H.The City Council finds that the impact fees and charges imposed by this Ordinance are necessary and reasonable to implement the goals and objectives of the City’s General Plan and the Bayhill Specific Plan and are permitted by California state law.

I.On October 25, 2022, the City Council held a duly noticed public hearing to consider the City’s proposed new development fee at which time all interested persons were given an opportunity to comment.

SECTION 2. Chapter 12.265 (Bayhill Specific Plan Area Development Impact Fee) is hereby added to Title 12 (Land Use) Article III (Zoning) of the San Bruno Municipal Code, to read as follows:

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CHAPTER 12.265

BAYHILL SPECIFIC PLAN AREA DEVELOPMENT IMPACT FEE
Sections:

12.265.010 Purpose

12.265.020 Definitions

12.265.030 Fee Imposed

12.265.040 Rate

12.265.050 Payment

12.265.060 Credit for Redevelopment

12.265.070 Improvement Agreement

12.265.080 Special Fund

12.265.090 Appeals

12.235.100 Inflation Adjustment

12.265.010 Purpose
The purpose of this chapter is to impose a fee upon development projects in the Bayhill Specific Plan Area to fund the costs of public facilities that are needed to serve demand created by those development projects. The amount of the fee will not include the costs attributable to demand generated by existing development.

12.265.020 Definitions
“Building Permit” means a full structural building permit as well as partial permits such as foundation-only permits.
“Certificate of occupancy” as used in this Chapter, has the same meaning as in California Government Code section 66007(e).
“Developer” means the owner of land that is to be developed as part of a Development Project; however, Developer does not include: (a) the City and or (b) the United States or any of its agencies, the State of California or any of its agencies, the California State University, the Regents of the University of California, a county, a county office of education, a city, a school district, community college district, or any other district, a public authority, or any other political subdivision or public corporation of the State of California. “Development Project” or “Project” means a development or redevelopment project that requires a building permit under this code.
“Fee” means a fee imposed pursuant to Section 12.265.030 of this chapter.

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12.265.030 Fee Imposed
A. Except as otherwise provided in this chapter, the Bayhill Specific Plan Area Development Impact Fee is hereby imposed upon the Developer of each Development Project in the Bayhill Specific Plan Area as a condition of development. The boundaries of the Bayhill Specific Plan Area are set forth and depicted in Figure 1-2 of the Bayhill Specific Plan.

B. The Fee is imposed on the following Development Projects:

1.Non-Residential Development Projects.
a. New construction of gross square feet of space for non-residential uses.
b. Construction that includes the conversion of existing non-residential building space from one land use category to a different land use category that would change from a fee category with a lower fee to a fee category with a higher fee. There is no fee if the change in use is from a higher to a lower fee Category. No credit is given if there is a negative impact fee amount.
c. Construction that adds additional square footage with the expansion or interior alteration of an existing non-residential structure.

For Development Projects that include multiple non-residential land use types, the fees are calculated for each specific land use based on the floor plans submitted for the building permit. The use type is determined by the primary use, not uses that are accessory to the primary use.

2.Residential Development Projects
a. New construction of one or more residential dwelling units. b. Construction that includes the conversion of existing non-residential building space to one or more residential dwelling units. c. Construction that adds one or more residential dwelling units with the expansion or interior alteration of an existing residential structure.

3.Mixed Residential and Non-Residential Development Projects. a. New construction of one or more residential dwelling units, or gross square feet of space for non-residential uses.

For Development Projects that include multiple land use types, the fees are calculated for each specific land use based on the floor plans submitted for the building permit.

Accessory Dwelling Units are subject to applicable Development Impact Fees as specified in Chapter 12.90.080(D).

12.265.040 Rate
The rate of the Fee shall be set by the City Council by ordinance or resolution. At the time it sets a rate, the City Council shall make each of the findings required by Section 66001(a) of the California Government Code.

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12.265.050 Payment
A. Except as otherwise provided in this section, the Fee required by this chapter shall be paid prior to the issuance of a building permit for the Development Project. The City shall not issue a building permit for a Development Project unless the Fee has been paid.

B. Except as otherwise required by law, the Fee for a Development Project shall be calculated at the rates in effect as of the date the Fee is paid. A developer may pay all or a portion of the Fee owed at any time prior to issuance of the building permit, at the rate in effect at the time payment is made. For phased projects, the amount due shall be paid on a pro rata basis based on the ratio of the square footage, or housing units, of the phase being constructed to the entire square footage, or housing units, of the approved development, and each portion shall be paid prior to the issuance of any building permit for each phase.

C. If applicable state law does not permit the City to require payment of the Fee for a Development Project on the schedule set forth in Subdivision A of this section, then the Fee for that Development Project shall be paid on a lump sum basis for the entire Development Project at the earliest date that the City is permitted to require such payment under state law. If payment is to be made pursuant to this subdivision, the City shall not issue a building permit to the Developer until (i) the Developer and the City enter into a contract for delayed payment as authorized by Section 66007(c) of the California Government Code; (ii) such contract is recorded in the manner set forth in that Section; and (iii) unless the Developer is specifically exempt from such requirement under state law, the Developer posts a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of the Fee.

12.265.060 Credit For Existing Development
Where the Development Project involves the demolition of an existing structure and its replacement with a new structure the Developer shall be entitled to credits against the Fee required by this chapter. A credit shall not be applied for any building or part of a building unless the Developer can establish, to the satisfaction of the City, that the building or part of building was either occupied by a resident (for a residential building) or occupied by a business that conducted actual business activities (for a non-residential building) during six of the twelve months prior to the date on which a complete and adequate building permit application for the Development is submitted. The credit shall be equal to the Fee that would be charged for the development of the structure to be demolished, calculated at the rate in effect on the date the Fee is paid. In no event shall the amount of the credit reduce the Fee for the Development Project below $0, and a credit may not be transferred to any other Development Project or used for any purpose other than offsetting Fee imposed pursuant to this chapter.

12.265.070 Improvement Agreement
A. The City may, but is not required to, enter into an Improvement Agreement with a Developer pursuant to which the Developer will construct, pursuant to City standards and requirements, one or more public improvements that would otherwise be eligible for funding with the proceeds of the Fee.

B. The credit amount shall be the engineering and construction costs that would be reasonably incurred by the City in building the public facility, and shall not exceed the amount set forth in the Improvement Agreement.

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C. The credit will be available to the Developer only upon completion of the public improvement to the satisfaction of the City.

D. The Improvement Agreement must be approved by the City Council and may include any additional terms as the City Council finds to be necessary or useful.

12.265.080 Special Fund
A. A Bayhill Specific Plan Area Development Impact Fee Fund shall be created.

B. When the City receives payment of the Fee pursuant to this chapter, that payment shall be deposited in the fund established pursuant to this Section in a manner that avoids any commingling of the Fee with other revenues and funds of the City, except for temporary investments.

C. Any interest income earned by moneys in the fund established pursuant to this Section shall also be deposited in that fund.

D. Moneys in the Bayhill Specific Plan Area Development Impact Fee Fund shall be expended by the City to fund improvements to public infrastructure necessary to accommodate growth consistent with the Bayhill Specific Plan and level of service requirements described therein.

12.265.090 Annual Reporting
For each separate account or the fund established pursuant to Section 12.265.080, the city shall comply with the public reporting requirements in Sections 66001 and 66006 of the California Government Code.

12.265.100 Appeals
A. If a Developer believes that the City incorrectly calculated the Fee applied to such Developer’s Project or that the Fee is not reasonably related to the impact of the Developer’s Project on the Bayhill Specific Plan Area facilities, the Developer may apply to the City Manager for an adjustment to the Fee.

B. Any such appeal must be made in writing, and must include a proposed revised Fee amount and an explanation of why the proposed revision constitutes a correct application of the terms of this Chapter and of any resolutions or other actions of the City Council that set the rate of the Fee or that otherwise affect the Fee.

C. The written appeal must be filed no later than the later of (i) ten days after the date on which the Fee becomes due or (ii) ten days after the date on which the Fee is paid. An appeal may be filed prior to payment of the Fee; however, full payment of the Fee, as calculated by the City shall remain a precondition to building permit issuance or the issuance of a certificate of occupancy or the conduct of a final inspection (as applicable) unless and until the City Manager makes a determination that revises the amount of the Fee.

D. The City Manager shall have thirty days to respond to the appeal after it has been filed, either by determining that the original calculated amount was correct, or by determining that a revised amount should be due. The determination of the City Manager is the

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final determination of the City. If the City Manager does not respond to the appeal within the thirty day period, the appeal shall be deemed finally rejected.

E. If the City Manager determines that the correct Fee is less than the amount already paid to the City, the City will refund to the Developer the amount of the overpayment. If the City Manager determines that the correct Fee is greater than the amount already paid to the City, the Developer shall pay to the City the amount of the underpayment.

F. This Section does not excuse the Developer from compliance with Chapter 9 of Division 1 of Title 7 of the California Government Code (beginning with Section 66020) with respect to any matter subject to that chapter of the Government Code.

12.265.100 Inflation Adjustment
Each July 1, beginning July 1, 2023, the rate of the Fee shall be automatically adjusted to reflect the change in the California Construction Cost Index for San Francisco, California published by the Engineer News Record (or any successor to such index) during the twelve months prior to the February proceeding that July 1. However, the City Council may, by resolution, prevent any such adjustment from taking effect.

SECTION 3. San Bruno Municipal Code Chapter 12.260 (Development Impact Fees) is amended as shown in underline for additions and strikethrough for deletions, as follows:

12.260.010 Purpose.

The purpose of this chapter is to impose fees upon development projects that fully or partially offset the costs of public facilities that are needed to serve demand created by that development project. The amount of fees will not include the costs attributable to demand generated by existing development.

12.260.020 Definitions.
“Building permit” means a full structural building permit as well as partial permits such as foundation-only permits.
“Developer” means the owner of land that is to be developed as part of a development project; however, developer does not include: (1) the city and/or (2) with respect to any fee other than the Utilities Facilities Impact Fee, the United States or any of its agencies, the state of California or any of its agencies, the California State University, the Regents of the University of California, a county, a county office of education, a city, a school district, community college district, or any other district, a public authority, or any other political subdivision or public corporation of the state of California. “Development project” or “project” means a development or redevelopment project that requires a building permit under this code.
“Fee” means a fee imposed pursuant to Section 12.260.030 of this chapter.

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12.260.030 Fees imposed.

A. Except as otherwise provided in this chapter, the following fees are hereby imposed upon the developer of each development project in the city as a condition of development:

Community Facilities Impact Fee;
Public Safety Facilities Impact Fee;
General Government Facilities Impact Fee;
Utilities Facilities Impact Fee;
Transportation Facilities Impact Fee.

B. The fee is imposed on the following Development Projects:

4.Non-Residential Development Projects.
a. New construction of gross square feet of space for non-residential uses.
b. Construction that includes the conversion of existing non-residential building space from one land use category to a different land use category that would change from a fee category with a lower fee to a fee category with a higher fee. There is no fee if the change in use is from a higher to a lower fee Category. No credit is given if there is a negative impact fee amount.
c. Construction that adds additional square footage added with the expansion or interior alteration of an existing non-residential structure.

5.Residential Development Projects
a. New construction of one or more residential dwelling units. b. Construction that includes the conversion of existing non-residential building space to one or more residential dwelling units. c. Construction that adds one or more residential dwelling units with the expansion or interior alteration of an existing residential structure.

6.Mixed Residential and Non-Residential Development Projects. a. New construction of one or more residential dwelling units, or gross square feet of space for non-residential uses.

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For Development Projects that include multiple land use types, the fees are calculated for each specific land use based on the floor plans submitted for the building permit.

Accessory Dwelling Units are subject to applicable Development Impact Fees as specified in Chapter 12.90.080(D).

12.260.040 Rate.

The rate of each fee shall be set by the city council by ordinance or resolution. At the time it sets a rate, the city council shall make each of the findings required by Section 66001(a) of the California Government Code.

12.260.050 Payment.

A. Except as otherwise provided in this section, the fees required by this article shall be paid prior to the issuance of a building permit for the development project. The city shall not issue a building permit for a development project unless the fees have been paid.

B. The fees for a development project shall be calculated at the rates in effect as of the date the fees are paiddeveloper submits a complete and adequate application for a building permit for the development project. A developer may pay all or a portion of the fee owed at any time prior to issuance of the building permit, at the rate in effect at the time payment is made.

For phased projects, the amount due shall be paid on a pro rata basis based on the ratio of the square footage, or housing units, of the phase being constructed to the entire square footage, or housing units, of the approved development, and each portion shall be paid prior to the issuance of any building permit for each phase.

C. If applicable state law does not permit the city to require payment of the fees for a development project on the schedule set forth in subsection A of this section, then the fees for that development project shall be paid on a lump sum basis for the entire development project at the earliest date that the city is permitted to require such payment under state law. If payment is to be made pursuant to this section, the city shall not issue a building permit to the developer until: (1) the developer and the city enter into a contract for delayed payment as authorized by Section 66007(c) of the California Government Code; (2) such contract is recorded in the manner set forth in that section; and (3) unless the developer is specifically exempt from such requirement under state law, the developer posts a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of the fees.

12.260.060 Credit for redevelopment.

Where the development project involves the demolition of an existing structure and its replacement with a new structure, the developer shall be entitled to credits against the fees required by this chapter. A credit shall not be applied for any building or part of a building unless the developer can establish, to the satisfaction of the city, that the building or part of building was either occupied by a resident (for a residential building) or occupied by a business that conducted actual business activities (for a non-residential building) during six of the twelve months prior to the date on which a complete and adequate building permit application for the development is submitted. A credit shall be calculated separately for each of the five fees imposed pursuant to Section 12.260.030 of this chapter. Each credit shall be equal to the fee that would be charged for the development of the structure to be demolished, calculated at the

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rate in effect on the date the fees are paid developer submits a complete and adequate application for his or her building permit. In no event shall the amount of the credit reduce any fee for the development project below zero dollars, and a credit may not be transferred to any other development project in the city, applied to any of the five fees other than the fee for which it was calculated or used for any purpose other than offsetting fees imposed pursuant to this chapter. For example, a credit calculated based on the rate for the Community Facilities Impact Fee may not be applied to any fee other than the Community Facilities Impact Fee.

12.260.070 Improvement agreement.

A. The city may, but is not required to, enter into an improvement agreement with a developer pursuant to which the developer will construct, pursuant to city standards and requirements, one or more public improvements that would otherwise be eligible for funding with the proceeds of a fee.

B. The credit amount shall be the engineering and construction costs that would be reasonably incurred by the city in building the public facility, and shall not exceed the amount set forth in the improvement agreement.

C. The credit will be available to the developer only upon completion of the public improvement to the satisfaction of the city.

D. The credit shall be applied first to the fee that would otherwise be eligible to fund the public improvement. For example, a credit awarded for construction of a transportation facility shall be applied first against the Transportation Facilities Impact Fee for the development project. If the amount of the credit exceeds the amount of the associated fee, the credit may be applied to other fees due against the development project pursuant to this chapter. When a credit is applied against some other fee, an amount equal to the credit shall be transferred by the city from the fund established pursuant to Section 12.260.080 of this chapter for the associated fee to the fund established pursuant to Section 12.260.080 for the fee to which the credit is applied. For example, if a fifty thousand dollar credit for a transportation facility is applied to a Public Safety Facilities Impact Fee, then fifty thousand dollars shall be transferred from the city’s Transportation Facilities Impact Fee Fund to the city’s Public Safety Facilities Impact Fee Fund.

E. The improvement agreement must be approved by the city council and may include any additional terms as the city council finds to be necessary or useful. (Ord. 1869 § 3, 2019)

12.260.080 Special funds.

A. The following accounts or funds shall be established:

Community Facilities Impact Fee Fund;
Public Safety Facilities Impact Fee Fund;
General Government Facilities Impact Fee Fund;

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Utilities Facilities Impact Fee Fund;
Transportation Facilities Impact Fee Fund.

B. When the city receives payment of a fee pursuant to this chapter, that payment shall be deposited in the appropriate account or fund established pursuant to this section in a manner that avoids any commingling of the fees with other revenues and funds of the city, except for temporary investments.

C. Any interest income earned by moneys in an account or fund established pursuant to this section shall also be deposited in that account or fund.

D. Moneys in the Community Facilities Impact Fee Fund shall be expended by the city only for parkland acquisition and library, park and recreation improvements.

E. Moneys in the Public Safety Facilities Impact Fee Fund shall be expended by the city only for police and fire capital facilities and equipment.

F. Moneys in the General Government Facilities Impact Fee Fund shall be expended by the city only for community facilities and equipment necessary to maintain general government functions.

G. Moneys in the Utilities Facilities Impact Fee Fund shall be expended by the city only for water, sewer, storm drainage, and telecommunications infrastructure and equipment.

H. Moneys in the Transportation Facilities Impact Fee Fund shall be expended by the city only for transportation infrastructure.

12.260.090 Annual Report
For each separate account or fund established pursuant to Section 12.260.080 of this chapter, the city shall comply with the public reporting requirements in Sections 66001 and 66006 of the California Government Code.

A. For each separate account or fund established pursuant to Section 12.260.080 of this chapter, the city shall, within one hundred eighty days after the last day of each fiscal year, make available to the public the information required by Section 66006(b)(1) of the California Government Code. The information may be included in the city’s Consolidated Annual Financial Report or any other report prepared by the city, and need not be isolated in a separate document.

B. The city council shall review the information made available to the public pursuant to subsection A of this section at the next regularly scheduled public meeting not less than fifteen days after this information is made available to the public.

C. Notice of the time and place of the meeting where the city council will review the information, including the address where the information may be reviewed, shall be mailed, at least fifteen days prior to the meeting, to any interested party who files a written request with the city clerk for mailed notice of the meeting. Any written request for mailed notices shall be valid

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for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year.

D. For the fifth fiscal year following the first deposit into the accounts or funds established pursuant to Section 12.260.080 of this chapter, and every five years thereafter, the city council shall, in connection with its review conducted pursuant to subsection C of this section, make each of the findings required by Section 66001(d) of the California Government Code. (Ord. 1869 § 3, 2019)

12.260.100 Appeals.

A. If a developer believes that one or more of the fees applied to his or her project have been calculated incorrectly by the city, he or she may apply to the city manager for an adjustment to those fees.

B. Any such appeal must be made in writing, and must include a proposed revised fee amount and an explanation of why the proposed revision constitutes a correct application of the terms of this chapter and of any resolutions or other actions of the city council that set the rate of the fees or that otherwise affect the fees.

C. The written appeal must be filed no later than the later of: (1) ten days after the date on which the fee becomes due; or (2) ten days after the date on which the fee is paid. An appeal may be filed prior to payment of a fee; however, full payment of the fee, as calculated by the city shall remain a precondition to issuance of a certificate of occupancy or the conduct of a final inspection (as applicable) unless and until the city manager makes a determination that revises the amount of the fees.

D. The city manager shall have thirty days to respond to the appeal after it had been filed, either by determining that the original calculated amount was correct, or by determining that a revised amount should be due. The determination of the city manager is the final determination of the city. If the city manager does not respond to the appeal within the thirty day period, the appeal shall be deemed finally rejected.

E. If the city manager determines that the correct fee is less than the amount already paid to the city, the city will refund to the developer the amount of the overpayment. If the city manager determines that the correct fee is greater than the amount already paid to the city, the developer shall pay to the city the amount of the underpayment.

F. The appeals process set forth in this section applies solely to the case where the developer believes that the city has incorrectly applied the fees according to the city’s ordinances, resolutions, city council actions, and regulations. It does not apply to any claim that any such approved ordinances, resolutions, actions or regulations exceed the authority of the city or violate state or federal law. This section does not excuse the developer from compliance with Chapter 9 of Division 1 of Title 7 of the California Government Code (beginning with Section 66020) with respect to any matter subject to that chapter of the Government Code.

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12.260.110 Regulations.

The city manager may promulgate such interpretive regulations for the application of this chapter as he or she finds necessary or useful.

12.260.120 Inflation adjustment.

Each July 1, beginning July 1, 2020, each rate automatically adjusted to reflect the change in the California Construction Cost Index for San Francisco, California published by the Engineer News Record (or any successor to such index) during the twelve months prior to the February proceeding that July 1. However, the City Council may, by resolution, prevent any such adjustment from taking effect. However, any such adjustment shall take effect only if approved by the city council, by resolution, and shall take effect no earlier than sixty days following such approval.

12.260.130 Bayhill specific plan area development impact fee program.

The Bayhill Specific Plan Area Development Impact Fee Program applies separately from and in addition to the Fees set forth in this Chapter. The Bayhill Specific Plan Area Development Impact Fee Program is set forth in Chapter 12.265 of Title 12 (Land Use) and applies to all Development Projects within the Bayhill Specific Plan Area.

SECTION 4. Adoption of this ordinance is found to be categorically exempt from the California Environmental Quality Act because the adoption of this Ordinance is not a project, in that it is a government funding mechanism which does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)), and because it can be seen with certainty that there is no possibility that the fees may have a significant effect on the environment, in that this ordinance contains no provisions modifying the physical design, development, or construction of residences or nonresidential structures CEQA Guidelines Section 15061(b)(3)). The authorization for and adoption of the fee is also not a project because a project does not include the creation of a governmental funding mechanism that does not involve any commitment to any specific project (CEQA Guidelines section 15378(b)(4); the proposed ordinance commits no fees to any specific project.

SECTION 6. If any section, subsection, sentence, clause or phrase of the ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council 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. The City Manager is hereby authorized and directed to take other actions on behalf of City, which are not expressly and specifically reserved for the City Council, to implement and effectuate this ordinance. The City Clerk is directed to codify this ordinance in a manner which best reflects the legislative intent of the City Council in enacting this ordinance.

The City Clerk is directed to resolve any numbering conflicts accordingly.

SECTION 8. The City Clerk shall publish this ordinance in accordance with applicable law.

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SECTION 9. Effective date. This ordinance shall take effect thirty (30) days from the date of its passage. This ordinance shall be published according to law.

__________________________________
ATTEST: Rico E. Medina, Mayor _________________________________
Vicky S. Hasha, Deputy City Clerk
APPROVED AS TO FORM:

_______________________________
Trisha A. Ortiz, Interim City Attorney
Richard Watson Gershon Law
--oOo--
I hereby certify that foregoing Ordinance No. _____
was introduced at a regular meeting of the San Bruno City Council on ____________ and adopted by the San Bruno City Council at a regular meeting on _______________, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

________________________________
Vicky S. Hasha, Deputy City Clerk

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RESOLUTION NO. 2022-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

SETTING THE RATE OF THE BAYHILL SPECIFIC PLAN AREA
DEVELOPMENT IMPACT FEE PURSUANT TO SECTION 12.265.040 OF

THE SAN BRUNO MUNICIPAL CODE
WHEREAS, Section 12.265.040 of the Municipal Code authorizes the City Council, by ordinance or resolution, to set the rates for the Bayhill Specific Plan Area Development Impact Fee (‘Fee”) listed in Section 12.265.030 of the Municipal Code; and WHEREAS, new development projects in the Bayhill Specific Plan Area (“Area”) will attract new residents and employees to that Area, generating an increased demand for public facilities to serve the Area; and
WHEREAS, the City desires to charge the Fee on development projects within the Bayhill Specific Plan Area in order to ensure that new development contributes its fair share to public facilities, consistent with the City’s standards; and WHEREAS, the City Council has engaged Economic & Planning Systems, Inc. (“EPS”) to study the level of a Fee necessary to cover the capital costs of public facilities needed to serve anticipated development in the Bayhill Specific Plan Area; and WHEREAS, a report of EPS, entitled “Bayhill Specific Plan Area Development Impact Fee Nexus Report,” dated September 2022 (the “Report”), documents the results of EPS’s study; and
WHEREAS, the Report is on file in the Office of the City Clerk, available for public inspection, and incorporated herein by reference; and
WHEREAS, the Report substantiates a methodology that will charge each new development project only for the costs necessary to mitigate the impacts to the Bayhill Specific Plan Area expected to be caused by that development project; and WHEREAS, there is a reasonable relationship between the Fee and the development projects on which the Fee will be imposed because the Fee will only fund costs necessitated by each new development project; and WHEREAS, the Fee will not exceed the estimated reasonable cost of providing the land and/or facilities for which the Fee is imposed; and WHEREAS, the Fee will not be levied, collected or imposed for general revenue purposes, but is levied specifically to fund facilities of the types set forth in the Report; and
WHEREAS, the Report identifies the City’s existing level of service, identifies the proposed new level of service, and includes an explanation of why the new level of service is appropriate; and
WHEREAS, the Report includes information that supports the City’s actions, as required by subdivision (a) of Section 66001 of the Government Code; and

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WHEREAS, the Report includes a Bayhill Specific Plan Area Development Impact Fee Capital Improvement Plan (“Bayhill DIF CIP”), which serves as the capital improvement plan pursuant to subdivision (a)(6) of Section 66016.5 of the Government Code for the Fee; and
WHEREAS, on Octber 25, 2022, the City Council held a duly noticed public hearing regarding the Fee.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno as follows:

1. The foregoing recitals are true and correct and incorporated into this Resolution by this reference.

2. The Report has been considered by the City Council, and the Council finds and determines that the Report complies with California Government Code section 66000 et seq., and is consistent with the General Plan, and hereby approves and adopts the Report.

3. The City Council hereby approves and adopts the Bayhill DIF CIP included in the Report.

4. The Fee applies to all development projects in the Bayhill Specific Plan Area.

The boundaries of the Bayhill Specific Plan Area are depicted in the map attached hereto, and incorporated herein by reference, as “Exhibit A.”

5. The Fee shall be imposed at the rates set forth in Exhibit “B” to this Resolution, attached hereto and incorporated herein by reference. The Fee shall be administered as set forth in Chapter 12.265 of the Municipal Code and in this Resolution. The Fee rates set forth in “Exhibit B” shall be incorporated into the Master Fee Schedule.

6. Based on the Report, the City Council finds that:
a. The purpose of the Fee is as set forth in the Report. b. The Fee shall be used to fund public facilities as identified in the Report and as set forth in Section 12.265.080 of the San Bruno Municipal Code.
c. For the reasons set forth in the Report, there is a reasonable relationship between each Fee's use and the type of development project on which the Fee is imposed.
d. For the reasons set forth in the Report, there is a reasonable relationship between the need for the public facilities for which a Fee is imposed and the type of development project on which the fee is imposed.

7. Adoption of this resolution is found to be categorically exempt from the California Environmental Quality Act because the adoption of this Ordinance is not a project, in that it is a government funding mechanism which does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)), and because it can be seen with certainty that there is no possibility that the fee may have a significant effect on the

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environment, in that this ordinance contains no provisions modifying the physical design, development, or construction of residences or nonresidential structures CEQA Guidelines Section 15061(b)(3)).

8. This Resolution shall take effect sixty (60) days after adoption of this Resolution, but only if Ordinance _____ is adopted and effective on, or prior to, that date. In accordance with Government Code Section 66019, the updated Fee, set forth in “Exhibit B,” shall be in full force and effect 60 days after the adoption of this Resolution and shall be published or posted as required by law. ---oOo---
I hereby certify that foregoing Resolution No. 2022 -
was adopted by the San Bruno City Council at a regular meeting on _________, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

ATTEST:
_______________________________
Vicky Hasha
Deputy City Clerk
Exhibit A: Bayhill Specific Plan Area Map
Exhibit B: Bayhill Specific Plan Area Development Impact Fee Rates

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EXHIBIT A: Bayhill Specific Plan Area Map

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EXHIBIT B: Bayhill Specific Plan Area Development Impact Fee Rates Land Use Category Fee Amount/ Unit1
Office $6.17per sq.ft.Retail $32.46per sq.ft.Hotel $5,739per hotel roomMulti-Family ResidentialUnits equal to or less than 407 sq.ft. $3,524per unitUnits between 407-2,034 sq.ft. $8.66per sq.ft.Units equal to or greater than 2,034 sq.ft. $17,618per unit[1] Fee includes a 5% administrative charge to cover cost of implementing and administerting the Bayhill Area DIF Program.

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Public Review Draft Nexus Report
Bayhill Specific Plan Area
Development Impact Fee

Prepared for:

City of San Bruno

Prepared by:

Economic & Planning Systems, Inc. (EPS) and
Fehr & Peers

September 2022

EPS #211107

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Table of Contents

1. Introduction and Fee Overview ............................................................................. 1 Introduction ........................................................................................................... 1 Legal Context ......................................................................................................... 1 Bayhill Area DIF Levels ............................................................................................ 3

2. Area DIF Land Use Assumptions ........................................................................... 5 Site Description and Current Land Uses ...................................................................... 5 Approved Land Uses and Growth Potential .................................................................. 6 Area DIF Development Assumptions .......................................................................... 9

3. Area DIF Infrastructure and Cost Assumptions ..................................................... 11 Area DIF Capital Improvement Plan ......................................................................... 11 Infrastructure Cost Allocation .................................................................................. 13

4. Area DIF Nexus Findings and Calculations ............................................................ 16 Nexus Findings ..................................................................................................... 16 Area DIF Calculations ............................................................................................. 17

5. Area DIF Implementation and Administration ....................................................... 21 Credits and Reimbursement .................................................................................... 21 Periodic Program Updates and Fee Adjustments ......................................................... 22

Appendix: Detailed Data and Assumptions for Bayhill Area DIF

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List of Figure and Tables
Figure 1. Bayhill Area Boundaries ...................................................................................... 5

Table 1. Proposed Bayhill Area Development Impact Fee ...................................................... 3 Table 2. Maximum Allowable Development ......................................................................... 7 Table 3. Office Conversion Factors and Equivalents .............................................................. 8 Table 4. Development Potential by Land Use (at Buildout)..................................................... 9 Table 5. Amount of Development Assumed in DIF Calculation .............................................. 10 Table 6. Bayhill Area DIF Capital Improvements Plan ......................................................... 12 Table 7. Transportation Improvement Cost Allocation ......................................................... 14 Table 8. Cost Allocation for Traeger/San Bruno Avenue Signalization .................................... 14 Table 9. Cost Allocation for Water Tank at Commodore Park ................................................ 15 Table 10. Bayhill Area DIF Calculations (FY$21-22) ............................................................ 18 Table 11. Bayhill Area Multifamily Fee per Sq.Ft. Conversion (FY$21-22)............................... 19

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1. Introduction and Fee Overview
Introduction
This Nexus Report provides analysis and technical documentation to support adoption of a development impact fee program (“DIF Program”) for the Bayhill Specific Plan Area (“Plan Area”) in the City of San Bruno (“City”). Development impact fees are one-time charges on new development collected and used by the City to cover the cost of capital facilities and improvements required to serve real estate development. The Bayhill Specific Plan Area DIF Program (“Bayhill Area DIF”) would be applicable to future development in the Plan Area only and will not replace or exempt development from paying other City fees.

This Nexus Report has been prepared by Economic & Planning Systems, Inc. (“EPS”) with support from transportation consultants Fehr & Peers and input from City staff. It provides a legal basis for requiring payment of a Bayhill Area DIF consistent with Mitigation Fee Act (AB 1600/ Government Code Section 66000 et seq.) and subsequent related legislation. The DIF Program can be adopted by City Council with an enabling City Ordinance and with fee amounts to be set by Resolution. This analysis calculates a maximum justifiable fee program and the City may elect to charge less than the fee amounts cited within this Report. If adopted, the Program will be effective 60 days following the City Council’s final action on the ordinance authorizing collection of the fee.

Adopted by the San Bruno City Council in 2021, the Bayhill Specific Plan provides a land use and regulatory framework for redevelopment of Bayhill Office Center and adjacent Bayhill Shopping Center for higher-intensity development. This Bayhill Area DIF is based on the land use program and level of service standards and requirements described in the Bayhill Specific Plan (and supporting environmental documents) as well as current estimates of the infrastructure and improvement costs needed to accommodate these land uses and standards.

Legal Context
This Nexus Report is designed to provide the necessary technical analysis to support the Bayhill Area DIF to be established by a City Ordinance and for the amounts to be set by Resolution. The Mitigation Fee Act allows the City to adopt, by resolution, the Bayhill Area DIF consistent with the supporting technical analysis and findings provided in this Nexus Report. The Resolution approach to setting the fee allows periodic adjustments of the fee amount that may be necessary over time, without amending the enabling ordinance.

Impact fee revenues are used to cover the cost of constructing capital and infrastructure improvements required to serve new development and growth in the area in which they apply.

As such, impact fees must be based on a reasonable nexus, or connection, between new development and the need for specific capital facilities and improvements. Impact fee revenue cannot be used to cover operation and maintenance costs of these or any other facilities and infrastructure. In addition, impact fee revenue cannot be collected or used to cover the cost of preexisting infrastructure needs or deficiencies.

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In establishing, increasing, or imposing a fee as a condition for approval of a development project, Government Code sections 66001(a) and (b) require a local agency to:

1. Identify the purpose of the fee.

2. Identify how the fee is to be used, including identification of public facilities to be financed.

3. Determine how a reasonable relationship exists between the fee use and the type of development project on which the fee is being imposed.

4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

5. Show there is a reasonable relationship between the amount of the fee and the cost of the public facility.

In September 2021, the State of California adopted Assembly Bill (AB) 602, which includes new Government Code section 66016.5 and created several new requirements related to development and implementation of impact fee programs. The new key provisions related to the calculations documented in this Nexus Report are summarized below. • Capital Improvement Plan: (AB) 602 requires that jurisdictions adopt a capital improvement plan as part of the nexus report process. This adoption can occur at the same time as the fee ordinance adoption through a resolution. Accordingly, this Nexus Report relies on a Bayhill Area DIF Capital Improvement Plan (“Bayhill Area DIF CIP”) to be approved by the City Council in conjunction with the Bayhill Area DIF Program. The Bayhill Area DIF CIP presented in this Nexus Report is derived from the capital improvements identified in the Bayhill Specific Plan.
• Explanation of Level of Service and Fee Increase: (AB) 602 requires that the nexus report make certain findings if the fee calculation is based on a change in existing levels of service, or if it is proposing an increase in an existing fee. Since the Bayhill Area DIF will be new to the City and only apply to a defined area, existing citywide service standards are not used directly in the fee calculation and no existing fee is being increased. As such, this Nexus Report is based on service standards that have been developed for, and are unique to, the Plan Area, as documented in the Bayhill Specific Plan and referenced as appropriate in this document.
• Residential Fee to be Charged in Proportion to Unit Size: (AB) 602 requires that a nexus report adopted on or after July 1, 2022 must “calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development.” However, a jurisdiction does not need to charge residential fees by square footage if it makes all the following findings:
‒ An explanation as to why square footage is not appropriate metric to calculate fees imposed on housing development project.
‒ An explanation that an alternative basis of calculating the fee bears a reasonable relationship between the fee charged and the burden posed by the development. ‒ That other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees.

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Since this Nexus Report will be adopted after July 1, 2022, the multifamily residential DIF is calculated in proportion to unit size subject to a maximum and minimum per unit amount.

Units that are larger than the square footage that corresponds to the maximum fee amount will pay the maximum per unit fee. Likewise, units that are smaller than the square footage that applies to the minimum fee amount will pay the per unit minimum fee. As described in this Nexus Report, this approach ensures there is a reasonable relationship between the fee amount and the relative impact on the facilities included in the Bayhill Area DIF CIP.

All State statutory requirements have been followed in establishing this Bayhill Area DIF, as documented in subsequent chapters. Chapter 4 summarizes the specific findings that explain or demonstrate the appropriate nexus. If the Bayhill Area DIF is adopted, this Nexus Report and the technical information it contains should be maintained and reviewed periodically by the City to ensure its accuracy and to enable adequate programming of funding sources. To the extent that infrastructure requirements, costs, and development potential change over time, the Bayhill Area DIF will need to be updated. In that regard, Government Code section 66016.5 also requires nexus studies to be updated at least every eight years. Further information on administration considerations is provided in Chapter 5.

Bayhill Area DIF Levels
Table 1 shows the proposed Bayhill Area DIF supported by the nexus findings and analysis contained in this Nexus Report. As currently calculated, the fee would be applied to all new office, retail, hotel, and multifamily residential projects within the Plan Area. The Specific Plan does not include single-family development. The Bayhill Area DIF Program will be independent and in addition to all other City, County, other agency, or regional development impact fees that may also be applicable to the Plan Area. This is because the Bayhill Area DIF Program does not include the costs of any infrastructure projects that are included in the other development impact fee programs.

Table 1. Proposed Bayhill Area Development Impact Fee

Land Use Category Fee Amount / Unit1
Office $6.17 per sq.ft.

Retail $32.46 per sq.ft.

Hotel $5,739 per hotel room
Multi-Family Residential
Units equal to or less than 407 sq.ft. $3,524 per unit Units between 407-2,034 sq.ft. $8.66 per sq.ft.

Units equal to or greater than 2,034 sq.ft. $17,618 per unit [1] Fee includes a 5% administrative charge to cover cost of implementing and administerting the Bayhill Area DIF Program.

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As shown, the calculated Bayhill Area DIF for nonresidential development is determined to be $6.17 per office square foot, $32.46 per retail square foot, and $5,739 per hotel room. For multifamily residential developments, units between 407 and 2,034 square feet are charged $8.66 per square foot. Units equal to or less than 407 square feet will be charged $3,524 per unit and units equal to or greater than 2,034 square feet will be charged $17,618 per unit. All fees are expressed in FY 2021–22 dollars. It is expected that the City will escalate these amounts annually based on a construction cost index to account for inflation. The amounts shown include a five percent (5%) surcharge to cover program implementation and administration costs, consistent with other Mitigation Fee Act program administrative costs in many other California jurisdictions.1
The Bayhill Area DIF has been calculated to cover the cost of infrastructure needed to serve build-out of the Bayhill Specific Plan Area, as specified in more detail in Chapter 3 and the Appendix and consistent with the Bayhill Area DIF CIP. In particular, the Bayhill Area DIF covers the following infrastructure items:
• On-site and off-site roadway facilities (i.e., traffic signals, traffic safety devices, street improvements, etc.)
• On-site and off-site bicycle, pedestrian, and other active transportation facilities • Potable Water Facilities
• Water Facilities

1 The 5 percent administration cost is designed to cover expenses for preparing subsequent updates to the impact fee technical report as well as the required reporting, auditing, collection, and other annual administrative costs involved in overseeing the program. Development impact fee programs throughout California have applied similar administrative charges. A portion of the cost to prepare this Nexus Report has been paid directly by the developers in the Specific Plan Area outside of this fee.

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2. Area DIF Land Use Assumptions
This chapter documents the land use and development assumptions used to calculate the Bayhill Area DIF. The assumptions are based on information from the Bayhill Specific Plan and additional input from City staff.

Site Description an d Current Land Uses
The Bayhill Specific Plan Area covers approximately 92.2 acres in the City of San Bruno and contains the areas commonly known as the Bayhill Office Center and Bayhill Shopping Center.

As shown in Figure 1, the Plan Area is bounded by Interstate 280 to the west, Interstate 380 to the north, properties fronting El Camino Real to the east, and San Bruno Avenue West to the south. In addition to immediate freeway access, the site is proximate to BART and Caltrain stations, providing convenient access to the Bay Area’s major job and housing markets, as well as being a short distance from San Francisco International Airport (SFO).

Figure 1. Bayhill Area Boundaries

Source: City of San Bruno, Bayhill Specific Plan

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The Bayhill Specific Plan Area is currently home to major regional and national tenants and property owners, including YouTube, Walmart.com, The Police Credit Union, a Marriott Courtyard hotel as well as a successful retail center anchored by Mollie Stone’s Market and CVS Pharmacy.

Most of the office properties were developed in the 1970s and early 1980s in a typical suburban business park format with abundant surface parking. The Bayhill Shopping Center was constructed in the early 1970s, and the Marriott Courtyard in 1986 (both with surface parking).

As of 2019, the Plan Area contained approximately 1.8 million square feet of development, of which approximately 1.6 million square feet was office space. The median floor area ratio (FAR) of the Plan Area was slightly lower than 0.5, typical for an older suburban office park with surface parking. While the street, utilities, and related infrastructure serving the Plan Area accommodate the existing urban form, these facilities were not designed to meet the evolving needs of a growing workforce or significant new development.

Approved Land Uses and Growth Potential
Approved in 2021 after a four-year planning process, the Bayhill Specific Plan will guide land use and development within the Plan Area over the next 20 years. The planning effort was initiated in the context of YouTube’s desire to expand its headquarters in San Bruno and accommodate Plan Area’s emerging role as a major employment center. As such, the Specific Plan allows for significant intensification of office uses as well as expansion of retail and hotel uses. It also provides opportunities for residential development in designated locations. The current level of public infrastructure (e.g., transportation facilities and utilities) is not sufficient to serve the development envisioned in the Specific Plan.

Potential New Growth Calculations
Table 2 summarizes the maximum development allowed under the Bayhill Specific Plan by land use. It is important to note that the Specific Plan provides for land use flexibility by classifying two types of potential net new growth as shown in the table:

1. Designated New Development: Designated new development refers to potential net new development that is allocated to specific land uses (i.e., office, retail, hotel, and multifamily residential). For this category, the Specific Plan designates 2.25 million square feet to office, 5,000 square feet to retail, 5,000 square feet to hotel, and 573 units to multifamily residential.

2. Unallocated New Development: Unallocated new development refers to the potential net new development that is not allocated to specific land uses to provide future flexibility. 180,700 square feet is unallocated to specific parcels and may be allocated among hotel, retail, and/or office uses for expansion in the future.2 Hotel and retail uses are the priority, and allocation would be on a first-come, first-serve basis. Some property owners and/or developers will need to make trade-offs about the amount of office, commercial, retail, and/or housing development they can pursue.

2 Unallocated development square footage may not be allocated towards residential uses.

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Table 2. Maximum Allowable Development

To account for land uses with greater per-square-foot environmental impacts (i.e., retail and hotel uses), the Specific Plan also establishes per-square-foot equivalency ratios for retail and hotel uses that equate their impacts relative to regional office use per the Specific Plan’s Final Environmental Impact Report. The equivalency ratios, which are included in Table 3, will only be used when a developer is seeking use of the 180,700 square feet of unallocated square footage.

In addition, the Plan Area allows for residential uses along San Bruno Avenue on the entire site at 801-851 Traeger Avenue and on 3.95 acres of the 1111 Bayhill Drive site. When residential square footage is developed on these parcels, the office development square footage permitted on these parcels shall be reduced using the conversion factors also shown in Table 3. The reduction of office square footage per residential unit development is based on zoning allocations but ensure equivalent impacts.

Land Use Category
Existing
Development
Designated Net
New Development
Office (sq.ft.) 1,557,847 2,245,029
Retail (sq.ft.) 121,846 5,000
Hotel (sq.ft.) 79,152 5,000
Multi-Family (units) 0 573
Unallocated Net New Development (sq.ft.) 180,718
[1] Based on Bayhill Specific Plan Table 2-2: Potential Development Allocation. The amounts are likely to include some demolition of existing space. The fee calculation is based on net new square feet.

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Table 3. Office Reduction and Equivalent Conversion Factors

Based on these equivalency factors, Table 4 shows the maximum allowable buildout by land use if 100 percent of the 180,700 square feet of unallocated potential development is allocated to each land use category. As shown, if all 181,700 square feet of unallocated square development was allocated to office use, there would be a net increase of 2.43 million square feet of office space, a 156 percent increase over existing development. If the unallocated square footage was entirely allocated to retail or hotel, the plan could accommodate close to 40,000 new square feet of retail development (32 percent increase over existing) and approximately 120,000 new square feet of hotel development (152 percent increase over existing). Totals by land use category are not additive since the unallocated square footage will be allocated by a ‘first come, first serve basis.’
Land Use
Conversion Factor per
Sq.Ft. of Office
Office 1.00 1,000 sq.ft.

Retail 0.19 190 sq.ft.

Hotel 0.64 640 sq.ft.

Location
% Distribution of Residential
Development1
801-851 Traeger 26% 1,267 sq.ft.
1111 Bayhill 74% 1,454 sq.ft.

Weighted Average 100% 1,406 sq.ft.
[2] Based on Bayhill Specific Plan Table 2-4 and Bayhill Specific Plan Final Environmental Impact Report. [3] Based on Bayhill Specific Plan Table 2-3 and based on zoning allocations.

Sq.Ft. of Office per
Multi-Family Unit3
Sq.Ft. Equivalent per 1,000
Sq.Ft. of Office2
[1] Weighted average is based on the relative amount of multi-family development allowed on the sites with 125,000 square feet allocated to 801-851 Traeger and 363,900 square feet allocated to 1111 Bayhill.

Residential Development
Equivalency ratios of unallocated square footage for non-residential uses.

Square feet reduction of office allocation per new unit of residential development.

Non-Residential Development

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Table 4. Development Potential by Land Use (at Buildout)

Area DIF Development Assumptions
While the Bayhill Specific Plan designates the maximum allowable development that can occur within the Plan Area, actual development may be less and will unfold over many years. To be conservative, the impact fee calculation assumes that the amount of development that is likely to occur in the Plan Area will be less than the maximum allowable. In particular, the fee calculation assumes that approximately 90 percent of the total allowable development will be achieved within the Plan Area. This assumption is designed to ensure that adequate fee revenue is generated to cover the full cost of required infrastructure needed to serve new development in the Plan Area. A 90 percent build-out assumption is typical for area impact fee programs where future development is expected to occur over a long-time horizon.

Item Formula
Office
(sq.ft.)
Retail
(sq.ft.)
Hotel
(sq.ft.)
Multi-Family
(units)5
Existing Development a 1,557,847 121,846 79,152 0
Designated Net New Development1
b 2,245,029 5,000 5,000 573
Unallocated Development Calculations
Unallocated Net New Development2
c 180,718 sq.ft.

Conversion Factors3
d 1.00 0.19 0.64 N/A
Hypothetical 100% Allocation per Land Use e = c * d 180,718 34,336 115,660 N/A Maximum Net New Development f = b + e 2,425,747 39,336 120,660 573 Maximum Total Development4
g = a + b + e 3,983,594 161,182 199,812 573
Maximum Percent Increase h = f / a 156% 32% 152% N/A
[2] The unallocated 180,718 square feet of regional office development per Table 2-2 within the Bayhill Specific Plan shall be allocated on a first come, first served basis, with priority given to retail and hotel expansion when feasible. [5] A housing overlay is included at 801-851 Traeger Ave. and the western portion of 1111 Bayhill Dr. along the San Bruno Ave. frontage. When residential units are proposed on these parcels, the Office development square footage permitted shall be reduced using the amount shown in Bayhill Specific Plan Table 2-3 based on zoning allocations. A mixed-use overlay zone is included at 851 and 891 Cherry Ave.
[3] See Table 3. Conversion factors can also be found in the Bayhill Specific Plan Table 2-4 and Bayhill Specific Plan Final Environmental Impact Report.
[1] Based on Bayhill Specific Plan Table 2-2. The amounts are likely to include some demolition of existing space. The fee calculation is based on net new square feet.
[4] Totals by land use category are not additive since unallocated square feet are allocated on a 'first come first serve' basis up to a 180,718 cap.

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Table 5 derives the amount of development used in the Area DIF calculation. This is done by converting all the land uses to equivalent office square footage using the inverse of the conversion factors shown in Table 3. For example, if 0.19 square feet of retail is one square foot of office, 5.26 square feet of office is equivalent to one square feet of retail. If 0.64 square feet of hotel is equivalent to one square foot of office, 1.56 square foot of office is equivalent to one square foot of hotel.

Table 5. Amount of Development Assumed in DIF Calculation

As shown, out of the total allowable development of approximately 2.46 million office equivalent square feet, the Area DIF assumes approximately 2.21 million square feet will occur over the 20-year buildout period (i.e., 90 percent of the total allowed). It is important to note that the Area DIF calculation will be recalibrated periodically and at least once every eight (8) years per AB-602 to account for actual development (which may be more or less than 90 percent of the potential on parcels developed), evolving infrastructure needs, updated cost estimates, and other factors.

Estimating Factor Source / Assumption Formula Amount1
Allowable Bayhill Development (Expressed in Office Equivalent Sq.Ft.) Office (sq.ft.) See Table 2 a 2,245,029
Retail (office equivalent sq.ft.)2 See Table 2, Table 3, Footnote 2 b = 5.26 * 5,000 26,300 Hotel (office equivalent sq.ft.)3 See Table 2, Table 3, Footnote 3 c = 1.56 * 5,000 7,800 Unallocated (sq.ft.) See Table 2 d 180,718
Total e = a + b + c + d 2,459,847
Growth Assumed in Fee Calculation (sq.ft.)4 EPS & City Staff Assumption = 90% * e 2,213,862 [2] One sq.ft. of retail = 5.26 sq.ft. of office
[3] One sq.ft. of hotel = 1.56 sq.ft. of office
[1] Based on allowable and designated retail and hotel development shown in Table 2 and represents the inverse of conversion factors as shown in Table 3.
[4] As a conservative assumption, the Area DIF is calculated based on 90% of the maximum development allowed in the Bayhill Specific Plan. This assumption accounts for the probability that not all parcels will be developed to their maximum potential.

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3. Area DIF Infrastructure and Cost
Assumptions
This chapter describes the public infrastructure and improvements that are needed in part or in full to accommodate the growth and corresponding level of service standards described in the Bayhill Specific Plan. It also estimates the one-time costs needed to deliver these infrastructure improvements and their allocation between existing and new development. Consistent with the requirements of the Mitigation Fee Act, ongoing maintenance costs and the portion of infrastructure costs needed to address existing deficiencies are excluded from the Area DIF calculation.

Area DIF Capital Improvement Plan
The capital improvements included in the DIF Program are derived from Table 7-1 in the Bayhill Specific Plan with minor modifications. The Specific Plan identified these improvements as necessary to accommodate the level of service standards embodied therein or in the City’s General Plan as well as address mitigations identified through the Environmental Impact Report (EIR). While the list of projects included in the DIF Program reflect those included in the Specific Plan, costs have been updated to reflect updated information provided by City staff and in consultation with transportation engineers Fehr & Peers. In addition, EPS escalated the costs to reflect 2022 dollars as appropriate, given that most of the Specific Plan estimates reflect 2019 data.
3 Table 6 summarizes the costs defined in the Bayhill Area DIF CIP proposed to be approved by the City Council in conjunction with the Bayhill Area DIF Program. Estimated infrastructure hard and soft costs total $45.6 million. The infrastructure analysis underlying the fee program concluded that all the improvements listed in Table 6 will be needed regardless of the mix of land uses that comprise the 180,700 square feet of “unallocated” development.4 For example, as shown in Table 4, 180,700 square feet of office development is expected to generate a similar demand for infrastructure and associated costs as 34,300 square feet of new retail space or 115,700 square feet of hotel space. In addition, the analysis finds that the Plan Area is likely to require a similar level of infrastructure even if less than a full build-out occurs as these projects would be needed to make the planning area viable to development. Specifically, a level of development representing approximately 90 percent of the maximum allowable is expected to require the full array of transportation, utilities and related infrastructure defined in the Bayhill Area DIF CIP.

3 Most costs shown in Table 7.1 of the Specific Plan have been inflated by 6.4 percent to reflect increases in construction costs from 2019 to 2022, based on data from the Engineering News Record. 4 All improvements except for item #13 and #15 on the CIP list would be needed even if residential uses were developed.

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Table 6. Bayhill Area DIF Capital Improvements Plan
Amount %
Access and Connectivity Project2
1 Signalize Traeger & San Bruno Ave. and install sidewalk on the south side of San Bruno Ave.3,13
$1,914,429 $1,547,000 81% 1-5 Years
2 Implement bike/ped crossing improvements at El Camino Real & Bayhill Drive/Euclid Ave.4,12
$1,595,357 $397,776 25% 1-5 Years
3 Gateway and Wayfinding Signs for the Bayhill Office Park 5 $531,786 $531,786 100% 1-5 Years 4 Complete First/Last-mile bicycle and pedestrian improvements along Euclid and San Bruno Aves.4, 6
$4,200,000 $1,047,200 25% 5-10 Years
5 Install Signal Interconnect in and around Bayhill Office Park 2 $532,318 $234,220 44% 5-10 Years 6 Optimize signal cycle length timing for all signalized intersections internal to and within a 1/4 mile of the Planning Area 5 $286,632 $286,632 100% Upon completion of each
phase
7 Implement lane reconfiguration, including striping, signage, and signal timing improvements at San Bruno Ave. off-ramp I-280 northbound11,13
$638,143 $280,783 44% 5-10 Years
8 Install traffic control at Cherry Ave. and Bayhill Shopping Cntr.

Driveway7
$744,500 $327,580 44% 5-10 Years
9 Implement street network improvements on San Bruno Ave. between Cherry Ave. and I-280 on-ramp (either modify medians and install bicycle lanes OR add 3rd westbound lane on San Bruno Ave. approaching I-280 on-ramps)13
$1,169,929 $513,705 44% 5-20 Years
10 Modify northbound approach at I-280 SB & Sneath Lane to include left-turn pocket, through lane, and free right turn 13
$3,190,715 $1,402,851 44% 5-20 Years
11 Implement a bicycle and pedestrian wayfinding system with directions and travel time estimates to BART, Caltrain, and Downtown5
$212,714 $212,714 100% Concurrent with adjacent
development
12 Implement pedestrian crossing improvements at El Camino Real & San Bruno Ave.4, B
$1,169,929 $291,419 25% Concurrent with San Bruno
Ave. improvements
13 Install westbound right-turn pocket at San Bruno and Cherry Ave.8,13,14
$1,595,357 $700,894 44% Evaluate prior to each
phase
14 Conduct public parking and curbside loading survey and use results to re-evaluate parking supply and configuration. 5 $297,800 $297,800 100% Every 3 years upon
completion of Phase I
15 Install marked pedestrian crossing with flashing pedestrian beacon at San Bruno Ave. and Acacia Ave.
$531,786 $233,986 44% Contingent on construction
of Civic Use
Subtotal $18,611,394 $8,306,344 45%
Water Supply
16 Buried water tank at Commodore Park9 $21,271,430 $4,701,490 22% 1-5 Years Stormwater
17 Parallel 72-inch storm drain pipeline within 30-ft wide easement 10 $5,743,286 $0 0% Concurrent with development
Grand Total (rounded to nearest 10,000s) $45,630,000 $13,010,000 29% [1]
[2]
[3]
[4]
[5] The full costs are allocated to Planning Area growth because it is the primary beneficiary of the project. [6]
[7] Represents mid-point cost estimate of two solutions (1) a traffic signal and (2) pedestrian hybrid beacon (PHB) signal. [8] Cost for acquisition of a portion of private property is based on a May 2019 appraisal of a parcel near Caltrain. [9]
[10]
[11] EIR Mitigation Measure.
[12] Improvements assumed to be implemented by the EIR. [13] Project would address a near-term or long-term LOS inconsistency with the General Plan. [14] Only needed if the full office buildout occurs.
*Most cost shown in Table 7.1 of the Specific Plan have been inflated by 6.4% to reflect increases in construction costs from 2019 to 2022 based on the Engineering News Record.

Create a bicycle boulevard on repaved Euclid Avenue with bicycle ramps and crossing to future Huntington cycle track; add wayfinding signage, pedestrian-scale lighting, and landscaping along San Bruno Avenue between El Camino and Caltrain station; add high-visibility crosswalks, crosswalk signage, and bulbouts along San Bruno Avenue at all intersections currently missing these treatments.

The Bayhill Specific Plan Share is its share relative to the projected Citywide new development growth and existing City users (25.5% of the Estimated Project Cost). The Bayhill Area Plan contribution to the larger water tank has been adjusted down (22.1%) to account for the fair share payment of the smaller water tank in the Citywide Development Impact Fee.

The developers are not required to contribute to the stormwater project because the improvement addresses an existing deficiency in the storm drainage system. A 30 feet wide easement shall be provided along the alignment of the storm drain pipeline if the existing or realigned storm drain pipe remains at 72-inches. The easement width may be reduced to 20 feet along the alignment if the developer constructs a single larger conveyance pipe at the City determined required capacity.

Cost allocation based on growth in vehicle trips at intersection divided by total intersection trips at build-out.

Cost Item1 Estimated
Project Cost
Plan Area Share
Timeframe / Phasing
Excludes improvements, including within the public right-of-way, paid for by the developer as part of their project, conditions of approval, or required on-site facilities.

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Infrastructure Cost Allocation
Consistent with the requirements of the Mitigation Fee Act, the Area DIF calculation excludes the cost of infrastructure improvements that are necessary to address existing deficiencies and/or serve other areas of the city. Thus, this analysis does not include costs that are needed to address existing deficiencies or maintenance projects—only upgrades to expand system capacity.

In addition, there is no overlap between the projects within the citywide development impact fee program and the Bayhill DIF Program, except for the water tank (see Table 9, later in this report) which accounts for and excludes fee revenue expected to be collected from the citywide program.

Based on the infrastructure analysis conducted for the Specific Plan and updated for this Nexus Report, approximately 29 percent of the total infrastructure cost listed in the Bayhill Area DIF CIP have been allocated to new development in the Plan Area (see Table 6 above). In other words, 71 percent of the costs have been allocated to address either existing infrastructure needs and/or development elsewhere in the city. This means that of the total $45.6 million in required infrastructure improvements listed in the Bayhill Area DIF CIP, approximately $13 million are included in the Area DIF calculation.5 During the course of the fee program, the City will need to identify other revenue sources for the remaining $32.6 million in costs associated with the Bay Area DIF CIP.

This analysis utilizes the following approaches to arrive at the infrastructure cost allocation described above.
• Transportation Improvements Needed to Address Citywide Growth. Some of the transportation improvements included in the Bayhill Area DIF CIP are needed to accommodate citywide growth but are not necessary to serve the existing land uses. In other words, these improvements are not needed to address existing deficiencies in the transportation network and are thus allocated between growth in Bayhill and growth elsewhere in the city. As shown in Table 7, the Bayhill share represents approximately 44 percent of the city total based on this allocation. See Appendix for more information. • Transportation Improvements that Benefit Both New and Existing Land Uses. Some of the transportation improvements included in the Bayhill Area DIF CIP benefit both existing land uses and new development citywide. For these improvements, the DIF calculation first allocates total cost between existing city land uses and projected development. This results in an approximately 12.5 percent allocation to new development. However, as shown in Table 7, the DIF calculation double the cost allocation to 25 percent for new Bayhill development to account for the fact that the improvements in this category disproportionately benefit the Plan Area. For example, the bicycle/ pedestrian crossing improvements at the intersection of El Camino Real and Bayhill Drive/Euclid Avenue are also included in the City's 2016 Walk 'n Bike Plan (2016) and thus benefit both new and existing development citywide. However, given the proximity of these improvements to Bayhill, the Plan Area will disproportionately benefit.

5 This report and associated multifamily fee also account for the possibility that the 363 units of multifamily units would be constructed instead of office at 801-851 Traeger and 1111 Bayhill. An additional 210 residential units could be constructed at the Bayhill Shopping Center which would not require a reduction of office development.

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Table 7. Transportation Improvement Cost Allocation

• Transportation Improvements for Traeger/San Bruno Avenue Signalization. This analysis assumes that the primary beneficiaries of a new signal for the Traeger and San Bruno Avenue intersection will be land uses within the Bayhill Specific Plan. There is some need for a signal with existing uses in the Plan Area and trips originating from the Plan Area, but growth with the Bayhill Specific Plan significantly increases the need and justifies signalization of this intersection. In other words, this signal would not be needed “but for” the land uses in the Plan Area. Accordingly, a cost allocation of approximately 81 percent to the Area DIF reflects the relative share attributable to growth in trips from new Bayhill development, as shown in Table 8. See Appendix for more information.

Table 8. Cost Allocation for Traeger/San Bruno Avenue Signalization

• Cost Allocation for Buried Water Tank at Commodore Park. The Bayhill Specific Plan calls out a need for a new water tank at Commodore Park that will provide potable water to the Specific Plan Area. Given that this water tank will serve new development elsewhere in the city, only 22 percent of the cost has been allocated to the Area DIF, as shown in Table 9.

This allocation also accounts for payments by new Bayhill Plan Area development required as part of the existing citywide DIF, which includes collection of funds for a share of the water tank.

Cost Allocation Factor
San Bruno Trips by Scenario
2013 No Project = a 237,224
2013 + Bayhill Specific Plan (Max Office) = b 276,714
2040 No Project = c 289,826
2040 + Bayhill Specific Plan (Max Office) = d 331,077
Cost allocation assuming no existing deficiency
Total Increase in City-wide Trips with Specific Plan e = d - a 93,853 Total city-wide trips attributable to Specific Plan (2040) f = d - c 41,250 % increase in City-wide trips attributable to Specific Plan (2040) g = f / e 44.0% Cost allocation assuming existing deficiency
Total Increase in City-wide Trips with Specific Plan e = d - a 93,853 New growth share of total trips in 2040 h = e / d 28%
Bayhill share of allocation to new growth i = h * g 12.5% Increase to account for projects with disproportionate Bayhill benefit 2 x i = 24.9% Trips
(All Modes)Formula
Current vehicles exceeding signal warrant at intersection a 57 Estimated growth in vehicles @ buildout b 240
Growth in need for a signal as a % of total need c = b / (a + b) 81% Factor Formula Amount1
[1] Based on data for PM peak trips to account for the most traffic congestion during a day and calculations provided by Fehr & Peers.

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Table 9. Cost Allocation for Water Tank at Commodore Park

• Improvement Cost Allocated Entirely to Bayhill Development. A small number of the improvements included in the Bayhill Area DIF CIP are assumed to be entirely attributable to new development in the Plan Area. In other words, these improvements would not be developed, but for the development of the Plan Area. Accordingly, 100 percent of the cost for these projects are included in the Area DIF.

Item Formula Amount
Water Tank Cost a $20,000,000
BayHill Specific Plan Share
Million gallons of demand from future buildout + Bayhill Specific Plan b 1.65 Million gallons of demand from Bayhill Specific Plan buildout c 0.42 Bayhill Specific Planl Area Impact Fee Share d = c / b 25.5% Bayhill Development Fair Share Payment e = d * a $5,090,909 Estimated Bayhill Payment from Citywide Development Impact Fee f $670,526 Amount Included in Bayhill Area DIF
Total g = e- f $4,420,383
% of Total h = g / a 22%
Source: City of San Bruno; EPS

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4. Area DIF Nexus Findings and Calculations
This chapter documents the Bayhill Area DIF calculation and methodology as well as required nexus findings. Specifically, it demonstrates the "nexus" between new development in Bayhill and the infrastructure improvements needed to serve it, as required under Government Code Section 66000 (also referred to as AB1600/the Mitigation Fee Act).

Nexus Findings
The development impact fee to be collected for all new development in the Plan Area is calculated based on the proportionate share of demand for facilities identified in the Bayhill Area DIF CIP that these land uses represent. With this context, the following findings are made regarding the Fee Program, with each finding supported by the information and analyses in this Nexus Report.

Purpose of Fee
The purpose of the Fee Program is to provide a funding mechanism to help the City provide adequate infrastructure as described in the Bayhill Area DIF CIP to support development authorized by the Bayhill Specific Plan.

Use of Fees
The fee charged to office, retail/commercial, hotel, and residential development will be used to fund improvements to infrastructure necessary to accommodate growth consistent with the Bayhill Specific Plan and level of service requirements described therein. Infrastructure improvements include transportation improvements and water infrastructure. The list of eligible capital projects and costs are summarized in Chapter 3.

Relationship between Use of Fees and Type of Development New development in the Plan Area will require additional infrastructure capacity consistent with the level of public services and facilities defined in the Bayhill Specific Plan. Improvements to existing infrastructure are not currently required by existing land uses in the area, although they will benefit from it. Accordingly, some of the costs for the infrastructure program have been allocated to existing development both in the Plan Area and the citywide.

Relationship between Need for Facility and Type of Project The specific infrastructure improvements identified in this study are designed to accommodate the needs of new development. In addition, the infrastructure is based on the land use and urban design goals as well as level of service standards and associated facilities described in the Bayhill Specific Plan.

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Relationship between Amount of Fees and Cost of or Portion of Facility Attributed to Development on which Fee is Imposed
The fee levels calculated in this Nexus Report are based on a fair share cost allocation to new Plan Area development. Approximately 29 percent of the costs are allocated to the planned development, with the remainder attributable to existing land uses (both in the Plan Area and elsewhere in the city) as well as citywide growth. New development in the Plan Area will also be responsible for paying all applicable City fees.6
For multifamily development, the Bayhill DIF is calculated in proportion to square footage up to a maximum but no less than minimum amount. The per square foot residential fee amount is based on estimated person per household, with larger units assumed to accommodate more people and thus having a larger impact on the need for Bayhill DIF CIP facilities (and vice versa for smaller units).

Area DIF Calculations
The following steps describe the methodology for calculating the Bayhill Area DIF. The specific calculations are shown in Table 10:

1. Determine the total amount of new development in the Plan Area that will require or benefit from infrastructure improvements. In this case, the Bayhill Area DIF applies to approximately

2.21 million square feet of office equivalent space, representing approximately 90 percent of permissible growth under the Bayhill Specific Plan (discussed in Chapter 2).

2. Determine the infrastructure needed to serve new development in the Plan Area and associated costs attributable to this development (as shown in Table 6).

3. Divide the allocated cost by square feet of new “office equivalent” development in the Plan Area to determine the justifiable fee per square foot of development.

4. Determine land use equivalency factors between office and other allowable development in the Plan Area (i.e., commercial/retail, hotel, and multifamily residential). This is derived by dividing the amount of proposed office square footage that could be developed instead of each other land use (as detailed in the Specific Plan and shown in Table 3).

5. Use the office equivalency factors to convert the office fee to an equivalent fee per unit of measurement for other allowable development (i.e., square feet for commercial/retail, room for hotel, and dwelling unit for multifamily residential).

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Table 10. Bayhill Area DIF Calculations (FY$21-22)

Derivation of Residential DIF per Square Foot
Consistent with the requirements of (AB) 602, the multifamily fee derived in Table 10 and described above is used as a basis for calculating a DIF that scales in proportion to unit square feet. The calculations are shown in Table 11 and based on data and assumptions related to average people per unit and square footage of multifamily housing in San Bruno. The analysis assumes that the impact of residential development on the Bayhill DIF CIP will scale by persons per household and that larger units can accommodate more people. The methodological steps and assumptions are further summarized below:
• Average Person per Household: According to the US Census, multifamily units in San Bruno average 2.33 person per household. This number of people per household is assumed to correspond to the average multifamily fee of $8,210 per unit calculated in Table 10 above.
• Average Square Feet for Multifamily Units: Based on data provided by City staff on new multifamily housing projects in the city (see Appendix), the weighted average unit size is 948 square feet. The unit size corresponds to 2.33 persons per household and the average multifamily fee of $8,210, as shown in Table 10. This fee amount, in turn, equates to $8.66 per square foot, a rate used to calculate the multifamily DIF that is proportional to size. • Maximum Persons per Household. Based on data provided by City staff (see Appendix), there are no examples of four bedroom or larger multifamily units being developed in the city. As a result, this analysis calculates a maximum multifamily DIF based on the number of people that can be accommodated in a three (3) bedroom household. Specifically, the highest multifamily DIF is calculated based on five (5.0) people per unit which corresponds to Estimating Factor Source / Assumption Formula Amount1
Growth Assumed in Fee Calculation1 See Table 5 b 2,213,862 Bayhill Area DIF CIP Cost See Table 6 c $13,010,000
Office Equivalent Fee per Square Foot
Raw Fee d = c / b $5.88
Admin Charge @ 5% e = d * 5% $0.29
Total Office Equivalent Fee / Sq. Ft. f = d + e $6.17
Fee By Land Use Category
Amount / Office Sq. Ft. = f $6.17
Amount / Retail Sq. Ft. h = 5.26 / office sq. ft. (see Table 3) = f * h $32.46 Amount / Hotel Room2 i = 930 / office sq. ft. (see Table 3) = f * i $5,739 Amount / Multi-Family Unit3
j = 1,406 / office sq.ft. (see Table 3) = f * j $8,210
[2] Based on the conversion factor for hotel shown in Table 3 and an average of 595 square feet per hotel room. (i.e. 595 * 1/0.64) [3] Residential fee is adjusted to remove item 13 from the CIP list as the capital improvement will not be required if residential development replaces office development.
[1] As a conservative assumption, the Area DIF is calculated based on 90% of the maximum development allowed in the Bayhill Specific Plan. This assumption accounts for the probability that not all parcels will be developed to their maximum potential Allowable Bayhill Development
(expressed in office equivalent sq. ft.) See Table 5 a 2,459,847

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a typical over-crowding standard (it is unlikely that any multifamily unit will accommodate more than 5 people).7
• Minimum Persons per Household Size. This analysis assumes that the minimum multifamily fee will correspond to a one person per household. Since all units will have a minimum of one person, there is no nexus for calculating a fee that corresponds to less than one person.
• Maximum and Minimum Multifamily Fee per Unit: This analysis scales the maximum and minimum fee per unit based on a high of 5 people to a low of 1 person per household.

The actual fee amount is scaled up or down based on the proportional increase or decrease from the average fee (i.e., $8,210 per unit) and corresponding average unit size and persons per household (948 square feet and 2.33 people, respectively). For example, the maximum fee of $17,618 per unit corresponds to 5 people per household, representing a 2.17-fold increase from the average household size (5.0 ÷ 2.3 = 2.17). Likewise, the minimum fee of $3,524 corresponds to 1 person per household, or 43.5% percent of the average household size (1 ÷ 2.3 = 43.5%).
8 Table 11. Bayhill Area Multifamily Fee per Sq.Ft. Conversion (FY$21-22)

7Typical standard for overcrowding is more than one person per room (excluding bathrooms) resulting in a 5 persons per household assumption for a three-bedroom unit (one person per bedroom plus two additional for living area and kitchen).
8There is no reliable data on how the number of people scale with the square footage of multifamily units.

Item Formula Source / Assumption
Persons / Household
Average1 2.33 persons/hh a US Census
Minimum 1.00 persons/hh b EPS
Maximum2 5.00 persons/hh c EPS
Unit Size (sq.ft.)
Average3 948 sq.ft. d City of San Bruno
Units equal or less than4 407 sq.ft. e = d * (b / a) see Footnote 4 Units equal or greater than5 2,034 sq.ft. f = d * (c / a) see Footnote 5 Fee / Unit
Average6 $8,210 per unit g see Table 7
Minimum7 $3,524 per unit h = g * (b / a)
Maximum2,8 $17,618 per unit i = g * (c / a)
Fee/ Unit (units equal to or less than 407 sq.ft.) $3,524 per unit see "h" Fee / Sq.Ft. (units between 407-2,034 sq.ft.) $8.66 per sq.ft. = g / d Fee/ Unit (units equal to or greater than 2,034 sq.ft.) $17,618 per unit see "i" Amount
[8] Adjusts the average fee based on the ratio of maximum persons per household to the average persons per household. [1] Based on US Census data for San Bruno on average number of people per multi-family unit in the City. [3] Represents weighted average square feet per unit of recently built and proposed multi-family projects in San Bruno, as provided by City staff.
[6] Based on the average development impact fee per unit as calculated in Table 7. [7] Adjusts the average fee based on the ratio of minimum persons per household to the average persons per household. [2] Assumes largest units will be three bedrooms, consistent with recent market trends. A typical standard for overcrowding is more than one person per room, based on the Census Bureau’s definition of “room,” which excludes bathrooms, porches, balconies, foyers, halls, or half-rooms.
[4] Adjusts the average unit size in the City based on the ratio of minimum persons per household to the average persons per household. [5] Adjusts the average unit size in the City based on the ratio of maximum persons per household to the average persons per household.

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Based on the foregoing analysis, EPS provides the following findings to address the requirements of (AB) 602.

An explanation as to why square footage is not appropriate metric to calculate fees imposed on housing development project.

Square footage is an appropriate metric for calculating the Bayhill Area DIF for multifamily development for units up to a maximum and above a minimum size. The multifamily DIF per square foot is based on the average square footage and persons per household for multifamily units in San Bruno. Since it is very unlikely that future multifamily projects in the Bayhill Specific Plan will include units with more than three bedrooms, it is equally unlikely that there will be more than five people per unit. Thus, the maximum multifamily fee is calculated to correspond to a five-person household. Likewise, the minimum multifamily DIF corresponds to a one-person household (there is no nexus for fee less than the amount attributable to one person per unit).

An explanation that an alternative basis of calculating the fee bears a reasonable relationship between the fee charged and the burden posed by the development.

All multifamily units that are larger than the maximum square footage that corresponds to a five- person household are charged the maximum allowable DIF. Since it is highly unlikely that these units will accommodate more than five people, a flat rate is appropriate. Likewise, all multifamily units that are below the minimum square footage corresponding to a one-person household are charged the minimum DIF. Since a one-person household represents that minimum impact, no units, no matter how small, should be charged less.

That other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees.

Since Bayhill Specific Plan does not allow single-family development, it supports residential development patterns that are likely to be more compact and less land intensive on a per unit basis. The incentive for smaller units is further reinforced by the per square foot DIF structure described above.

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5. Area DIF Implementation and
Administration
The proposed Bayhill Area DIF Program is anticipated to be adopted by the City of San Bruno through an enabling ordinance establishing and authorizing collection of the fees. The City will also adopt a resolution approving this Nexus Report, along with the Bayhill Capital Improvement Plan, and establishing the fee amounts. This chapter describes the additional implementation and administrative issues and procedures to be addressed in the DIF Program.

Credits and Re imbursement
Given that the Plan Area consists of multiple property owners and existing uses, the timing of future development, and thus generation of fee revenue, will depend on economics and a variety of other factors. Some existing property owners may wish to continue to operate in their existing buildings for the foreseeable future while others may seek to pursue development in the short- term. For property owners who are interested in pursuing development in the near term, funding for any required up-front infrastructure may need to come from sources other than the Plan Area Development Impact Fee.

Give the potential delay between when needed infrastructure must be built and enough impact fee revenues are collected from new development, it is common for impact fee programs to include developer credits and reimbursements. Credits and reimbursements usually apply when alternative funding is required to pay for infrastructure facilities that are needed prior to availability of sufficient fee revenue. This alternative funding may be in the form of land-secured bonds, developer equity, or another form of private funding. However, there is typically no adjustment to a Fee Program based on the method by which a private party funds or constructs eligible project costs.

Fee Credits
Impact fee ordinances frequently allow for fee credits if a developer provides or funds a particular facility or improvement that would have otherwise been funded in whole or in part by another source (e.g., an area DIF). For example, the City may elect to offer a fee credit to developers who provide transportation related improvements, consistent with those specified in the current Bayhill Area DIF program. The fee credit is usually equal to the most current cost estimate of the infrastructure item (as defined by annual cost review or other recent evaluation of cost) regardless of the actual cost to construct. It is recommended that the City’s Ordinance allow for fee credits under specific terms.

Fee Reimbursements
Fee reimbursements are typically considered for developers who contribute more funding and/or build and dedicate infrastructure items that exceed their proportional obligation, especially if the

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infrastructure funded is a priority project. Such reimbursements should be provided over time as fee revenue from other development becomes available but should not compromise or delay implementation of other priority capital projects.

The total amount of reimbursement for completed infrastructure will be based on the most current cost estimate of the infrastructure item (as defined by annual cost review or other recent evaluation of cost) or the actual costs incurred for eligible hard costs based on a properly bid construction contract. Soft costs can be calculated as a fixed percentage of hard costs. All hard costs will be subject to verification by the City and actual costs expended will go through a true- up process upon completion of the infrastructure component.

Periodic Program Updates and Fee Adjustments
This fee program is based on the estimated Bayhill Specific Plan land use program as well as the associated capital facility needs identified as of 2022. It is recognized that these individual infrastructure projects and associated costs may change over time due to economic, technological, or other factors. The amount of residential development may also deviate from the projections assumed in the Fee Program. These factors may affect the appropriate fee level needed to cover necessary infrastructure. Accordingly, the Nexus Report should be updated periodically to account for these potential changes. Ideally this would occur every five (5) years (and no later than every eight years per (AB) 602), however, more frequent updates may be necessary to account for major changes.

The Development Impact Fee Ordinance should also allow for an automatic annual adjustment to account for inflation. This adjustment will be based on data from the Engineering News Record Construction Cost Index.

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APPENDIX:

Detailed Data and Assumptions for
Bayhill Area DIF

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Appendix
September 2022
E
conomic & Planning Systems, Inc. (EPS) A-1
Average Square Feet for Multifamily Units, Bedroom Count per Unit Development/ Unit Type
Unit Size
(sq. ft.)
Number
of Units
Total
Sq.Ft.

Studio 546 2 1,092
1-Bedroom 686 43 29,498
2-Bedroom 908 30 27,240
3-Bedroom 1,367 8 10,936
Studio 403 1 403
1-Bedroom 835 2 1,670
2-Bedroom 1,031 6 6,183
Studio 618 10 6,175
1-Bedroom 894 22 19,657
2-Bedroom 1,410 29 40,890
3-Bedroom 2,235 1 2,235
Studio 576 30 17,280
1-Bedroom 911 272 247,656
2-Bedroom 1,184 125 148,000
Studio 344 1 344
1-Bedroom 736 37 27,232
2-Bedroom 1,034 4 4,136
Total 623 Units 590,627 Sq.Ft.

Weighted Average Sq.Ft. per Unit 948 Sq.Ft.

Minimum Proposed Number of Bedrooms per Unit
Maximum Proposed Number of Bedrooms per Unit
* Project is under review by City staff and has not been approved.

Sources: City of San Bruno and EPS
Mills Park Center Development
170 San Bruno Avenue West*
Studio
3 Bedroom
406 – 418 San Mateo Avenue
500 Sylvan Avenue
111 San Bruno Avenue West

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to
to
Two-Hour Count Summaries
Note: Two-hour count summary volumes include heavy vehicles but exclude bicycles in overall count.

Total
0 5
3 3
2 2
1 3
19 8
00 1 2 0 0 8
18 0
Peak Hr 13 22 0 2 37 1 0
0 0 1 3 1 0Count Total 33 39 0 3 75 2
0 3 00 0 0 0 0 05:45 PM 1 4 0 0 5
0 0 0 0 1 0
0 5:30 PM 2 4 0 1 7 0 0 0
0 0 0 0 0 2
2 0
5:15 PM 3 6 0 1 10 0 0
0 0 1 2 0 0
0 3 0
5:00 PM 7 8 0 0 15 1
0 0 0 0 0 0
0 3 0
0 4:30 PM 4 4 0 0 8 1 0 0
0 0 0 1 0 4
1 11 0
EB WB NB SB Total East
4:45 PM 3 5 0 0 8
0 1 0
- - -HV% 0% 6% 2% - -
0 0
4:15 PM 6 5 0 0 11 0 0
0 0 0 0 0 0
West North South
4:00 PM 7 3 0
0 0 0 0 2 33 00 0 0 1,018 20 0
0 Interval
Start
Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) EB WB NB SB Total
- 0% 3% - 1% 2%- 2% 0%
Peak
Hour
All 2 16 594
38 0 0 0 0 9
0 1 0 1 37 022 0 0 0 0 0
172 1,857 0
HV 0 1 12 0 0
Count Total 2 53 1,165 0 0 0 1,762 71 0 299 3,399 0
431 1,8570 0 0 4 0 300 0 256 4 0 0
9 0 35 439 1,826
5:45 PM 0 6 131 0
6 0 0 0 0 0
502 1,782
5:30 PM 1 4 132 0 0 0 252
0 0 1 8 0 420 0 285 4 0 0
12 0 65 485 1,674
5:15 PM 0 2 160 0
6 0 0 0 0 1
400 1,542
5:00 PM 1 4 171 0 0 0 225
0 0 1 9 0 410 0 200 4 0 0
13 0 28 395 0
4:45 PM 0 9 136 0
7 0 0 0 0 3
394 0
4:30 PM 0 6 150 0 0 0 188
0 0 1 8 0 250 0 197 5 0 0
8 0 33 353 0
4:15 PM 0 8 150 0
2 0 0 0 0 24:00 PM 0 14 135 0 0 0 159
Rolling
One HourEastbound Westbound Northbound Southbound

UT LT TH RT
Interval
Start
San Bruno Ave W San Bruno Ave W 0 Traeger Ave 15-min
Total

UT LT TH RT
SB 1.0% 0.66
TOTAL 2.0% 0.92

TH RTUT LT TH RT UT LT
WB 2.1% 0.90
NB - -
Peak Hour: 5:00 PM 6:00 PM
HV %: PHF
EB 2.1% 0.87
Date: 11-14-2017
Peak Hour Count Period: 4:00 PM 6:00 PM
1 0
0 1
0 0
8 0
0 0
N
Traeger Ave
San Bruno Ave W
San Bruno Ave
W
Traeger Ave
San Bruno Ave
W
1,857TEV:

0.92PHF: 172
33 207
38 2
20 1,018 1,038
627
0 594
16612
1,192
2 Project Manager: (415) 310-6469 [email protected] Traeger Avenue and San Bruno Avenue Peak Hour Traffic Count www.idaxdata.com

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www.idaxdata.com
Two-Hour Count Summaries - Heavy Vehicles
Two-Hour Count Summaries - Bikes
Note: U-Turn volumes for bikes are included in Left-Turn, if any. 0 2 00 0 0 0 1 0Peak Hour 0 1 0 0 0
0 1 0 0 3 0Count Total 0 2 0 0 0 0 0 0
20 0 0 0 0 0
0 2
5:45 PM 0 0 0 0 0 0 0
0 0 0 0 0 0
0 0 3
5:30 PM 0 0 0 0 0 0
0 0 0 0 0 05:15 PM 0 0 0 0 0
0 1 0 0 2 3
1 5:00 PM 0 1 0 0 0 0 0 0
0 0 0 0 0 0
1 0
4:45 PM 0 0 0 0 0 0 0
0 0 0 0 0 0
0 0 0
4:30 PM 0 1 0 0 0 0
0 0 0 0 0 0
0 0 0 0
4:15 PM 0 0 0 0 0
0 0 0 0 0 0

TH RT LT TH RT
4:00 PM 0 0 0 0
Westbound Northbound Southbound

LT TH RT LT TH RT LT
37 0
Interval
Start
San Bruno Ave W San Bruno Ave W 0 Traeger Ave
15-min
Total
Rolling
One HourEastbound
0 0 0 1 0 10 0 22 0 0 0
2 0 1 75 0
Peak Hour 0 1 12 0
0 0 0 0 0 0Count Total 0 4 29 0 0 0 39
5 370 0 0 0 0 00 0 4 0 0 0
0 0 1 7 40
5:45 PM 0 0 1 0
0 0 0 0 0 0
10 41
5:30 PM 0 0 2 0 0 0 4
0 0 0 1 0 00 0 6 0 0 0
0 0 0 15 42
5:15 PM 0 0 3 0
0 0 0 0 0 0
8 38
5:00 PM 0 1 6 0 0 0 8
0 0 0 0 0 00 0 5 0 0 0
0 0 0 8 0
4:45 PM 0 0 3 0
0 0 0 0 0 0
11 0
4:30 PM 0 0 4 0 0 0 4
0 0 0 0 0 00 0 5 0 0 0
1 0 0 11 0
4:15 PM 0 0 6 0
0 0 0 0 0 0
TH RT
4:00 PM 0 3 4 0 0 0 3

UT LT TH RT UT LT
Northbound Southbound

UT LT TH RT UT LT TH RT
Interval
Start
San Bruno Ave W San Bruno Ave W 0 Traeger Ave
15-min
Total
Rolling
One HourEastbound Westbound
Project Manager: (415) 310-6469 [email protected] Traeger Avenue and San Bruno Avenue Peak Hour Traffic Count Continued

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Project San Bruno Bayhill
Major Street San Bruno Avenue We st Scenario Existing Conditions Minor Street Traeger Avenue Peak Hour PM
Turn Movement Volumes Major Street Direction

NB SB EB WB
Left 0 35 18 0 North/South
Through 0 0 594 1,018 x East/West
Right 0 172 0 20
Total 0 207 612 1,038
Intersection Geometry
2 3

23.4 Approach with Worst Case Delay WB
1,038
Warrant Met
Warrant 3A, Peak Hour
YES
Total Approaches
Peak Hour Delay on
Minor Approach
(vehicle-hours)
Peak Hour Volume
on Minor Approach
(vph)
Peak Hour Entering
Volume Serviced
(vph)
Met Met

6.7 207 1,857
5 150 650
Stopped Delay (seconds per vehicle)
Total Vehicles on Approach
Number of Approach Lanes for Minor Street
Worst Case Delay for Minor Street
Met
Existing Conditions
Limiting Value
Condition Satisfied?
PM Existing Peak Hour Signal Warrant Traeger and San Bruno Avenue

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Auto Transit Bike Walk Auto Transit Bike Walk
Project TAZ 12,192 389 174 809 90% 3% 1% 6%
City of San Bruno 195,936 8,910 4,279 28,100 83% 4% 2% 12% San Mateo County 4,240,229 155,941 80,696 501,422 85% 3% 2% 10% Entire Region 43,667,833 2,900,558 825,643 5,185,725 83% 6% 2% 10% Auto Transit Bike Walk Auto Transit Bike Walk
Project TAZ 18,768 710 260 1,292 89% 3% 1% 6%
City of San Bruno 202,360 9,201 4,367 28,758 83% 4% 2% 12% San Mateo County 4,246,543 156,279 80,739 501,894 85% 3% 2% 10% Entire Region 43,672,062 2,900,084 825,687 5,185,979 83% 6% 2% 10% Auto Transit Bike Walk Auto Transit Bike Walk
Project TAZ 43,755 4,758 720 3,917 82% 9% 1% 7%
City of San Bruno 226,231 13,419 4,842 32,222 82% 5% 2% 12% San Mateo County 4,269,231 161,013 81,331 504,784 85% 3% 2% 10% Entire Region 43,684,150 2,904,705 825,886 5,187,177 83% 6% 2% 10% Auto Transit Bike Walk Auto Transit Bike Walk
Project TAZ 11,930 576 191 836 88% 4% 1% 6%
City of San Bruno 236,478 13,937 5,533 33,878 82% 5% 2% 12% San Mateo County 5,042,116 244,854 103,638 595,339 84% 4% 2% 10% Entire Region 53,899,809 4,344,522 1,086,881 6,604,408 82% 7% 2% 10% Auto Transit Bike Walk Auto Transit Bike Walk
Project TAZ 18,365 1,041 288 1,340 87% 5% 1% 6%
City of San Bruno 244,860 14,336 5,663 34,711 82% 5% 2% 12% San Mateo County 5,072,844 245,265 104,160 596,412 84% 4% 2% 10% Entire Region 54,082,561 4,365,490 1,090,631 6,625,329 82% 7% 2% 10% Auto Transit Bike Walk Auto Transit Bike Walk
Project TAZ 42,185 6,151 798 4,028 79% 12% 2% 8%
City of San Bruno 266,978 19,647 6,176 38,276 81% 6% 2% 12% San Mateo County 5,070,293 251,248 104,311 596,911 84% 4% 2% 10% Entire Region 54,074,121 4,375,854 1,090,582 6,623,964 82% 7% 2% 10% Auto Transit Bike Walk Auto Transit Bike Walk
Project TAZ 42,269 6,171 800 4,038 79% 12% 2% 8%
City of San Bruno 267,040 19,678 6,180 38,292 81% 6% 2% 12% San Mateo County 5,070,319 251,420 104,256 596,822 84% 4% 2% 10% Entire Region 54,076,356 4,373,825 1,090,525 6,623,829 82% 7% 2% 10% VTA Model - Mode Shares
2040 Plus Bayhill Max Office
Year Mode Mode
VTA Model - Mode Shares
2040 Plus Bayhill Phase 1
Year Mode Mode
VTA Model - Mode Shares
2040 No Project
Year Mode Mode
VTA Model - Mode Shares
2013 Plus Bayhill Max Office
Year Mode Mode
VTA Model - Mode Shares
2013 Plus Bayhill Phase 1
Year Mode Mode
VTA Model - Mode Shares
2013 No Project
Year Mode Mode
Year No Project Project
VTA Model - Mode Shares
2040 Plus Max Office+Hotel
VTA Model Trip Scenarios
 
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:October 25, 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: Re-appoint Expired Members and Make New Appointments to Fill Current Vacancies on Commissions Boards and Committees
BACKGROUND: The City of San Bruno has 10 citizen Advisory Commissions, Boards and Committees, commonly referred to as “CBCs.” As the governing body for the City of San Bruno, the City Council appoints all members to CBCs.

In October of every even year, half of the City’s current CBC Members’ terms expire, and a recruitment to fill those seats occurs. At that time expiring members who wish to be reappointed to serve another term are invited to submit a new application for possible reappointment to the committee, board, or commission that they currently serve. Additionally, positions on CBCs become vacant from time to time. When this occurs, the City Clerk’s Office administers a recruitment for the vacant position and notifies the City Council of the vacancy.

At present, there are several vacant positions on CBCs (listed below) and, on October 31, 2022, the four-year terms for 23 terms of existing appointees will expire. Several existing members have applied to be reappointed, some members have elected not to be reappointed, and there are new applicants for some vacant and expiring CBC positions.

Staff presented the appointment process at a Special City Council meeting on October 11, 2022 and received direction from the City Council to schedule interviews as soon as possible for the Boards, Commissions, and Committees that may be in jeopardy of a quorum and to proceed with the remaining interviews.

DISCUSSION: A summary of the 10 Citizen Advisory Commissions, Boards and Committees is noted below:
•Bicycle & Pedestrian Advisory Committee, 7 Members
•Citizen’s Crime Prevention Committee, 7 Members
•Citizens Revenue Measure Oversight Committee, 7 Members •Culture & Arts Commission, 7 Members
•Emergency Preparedness Committee, 5 Members
•Parks & Recreation Commission, 8 Members plus 1 Youth
•Planning Commission, 7 Members
•Recreation and Aquatics Center Advisory Committee, 8 Members

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Honorable Mayor and Members of the City Council
October 25, 2022

Page 2 of 2 ends

San Bruno City CouncilOctober 25, 2022

San Bruno City Council
October 25, 2022