Agenda, regular meeting — San Bruno City Council, December 13, 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
December 13, 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/82845864412? pwd=R2c1a01aYTk3MzFEQVczRkl2Y29RQT09
Phone Line: 16465588656
Webinar ID: 828 4586 4412
Webinar Password: 020817
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. There is no regular City Council meeting on the fourth Tuesday in December. The next regular City Council meeting will be held on January 10, 2023 at 7:00 p.m. b. Proclamation Recognizing School Safety Enhancement Day as January 30, 2023 c. Receive Update on the Water and Wastewater Rate Study

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 November 7, 2022, November 14, 2022, November 21, 2022, November 28, 2022 and December 5, 2022
b. Accept Payroll for November 6, 2022 and November 20, 2022 c. Approve Investment Report Dated October 31, 2022
d. Receive Written Update on the City’s Response Efforts to COVID19 e. Adopt Resolution Declaring the Continued State of Local Emergency and Need for the City Council and Other Legislative Bodies Subject to the Ralph M. Brown Act to Continue to Teleconference in Order to Ensure the Health and Safety of the Public Pursuant to AB 361
f. Approve the 2023 City Council Meeting Calendar and Direct Staff to Cancel the Regular City Council Meeting of August 8, 2023
g. Adopt Resolution Authorizing the Mayor to Execute an Amendment to the Agreement With Richards Watson Gershon to Extend the Agreement for City Attorney Services and Appointing Trisha Ortiz as City Attorney for the City of San Bruno h. Adopt Resolution Authorizing the City Manager to Amend the Agreement With Callander and Associates Landscape Architecture for Additional Design Services With a Second Amendment to Include Preparation of Construction Documents for Centennial Park in an Amount Not to Exceed $105,484, and Allocate $25,515 From the Development Impact Fees Community Fund
i. Adopt Resolution of the City Council of the City of San Bruno Approving and Finalizing the Draft City Council Policies and Procedures
j. Receive Update on the Meet and Confer Process Associated with the Downtown Parking Meters and Enhanced Parking Enforcement Project k. Receive AB 1600 Report and Adopt Resolution Accepting Annual Report on Receipt and Use of Development Impact Fees for the Fiscal Year Ending June 30, 2022 l. Adopt Resolution Approving San Bruno Community Foundation Officers for 2023 m. Adopt Resolution Initiating a Future General Plan Amendment Related to Playing Fields and Associated Improvements for the Former Crestmoor High School Site at 300 Piedmont Avenue
n. Adopt Resolution Authorizing the City Manager to Execute the Agreement With Callander and Associates Landscape Architecture for Master Plan Design Services for the Crestmoor MultiUse Fields Facility Project in an Amount Not to Exceed $100,000
o. Adopt Resolution Authorizing the Newly Created Property and Evidence Job Classification and Amending the Salary Range for the Position

7. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. (1) Receive Progress Report on Fiscal Year 202223 City Council Strategic Initiatives; and (2) Adopt Resolution Authorizing the Appropriation of Funds From the General Fund, in an Amount Not to Exceed $100,000, for a Citywide Facilities Needs and Fiscal Condition Assessment for the Next Phase of San Bruno’s Comprehensive Fiscal Sustainability Project
b. Reappoint Expired Members and Consider New Appointments to Fill Current Vacancies on the Bicycle & Pedestrian Advisory Committee; Citizens Crime Prevention, Citizens Revenue Measure Oversight Committee; Emergency Preparedness; and Planning Commission
c. Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Adding Chapter 2.33 to the San Bruno Municipal Code Adopting Local Contribution Limits for City Council Elections
d. Adopt a Resolution Declaring the Results of the General Municipal Election for the City of San Bruno Held on November 8, 2022 as Provided by Law e. Administer Oath of Office to Newly Elected Councilmember Sandy Alvarez, District 1, Reelected Councilmember Marty P. Medina, District 4, and Reelected Mayor Rico E. Medina, AtLarge
f. Confirm Appointment of Vice Mayor to Serve a OneYear Term

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

9. ADJOURNMENT – The next Regular City Council Meeting will be held on January 10, 2023 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

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

9. ADJOURNMENT – The next Regular City Council Meeting will be held on January 10, 2023 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

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

9. ADJOURNMENT – The next Regular City Council Meeting will be held on January 10, 2023 at 7:00 p.m.

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City Council Agenda ItemStaff Report CITY OF SAN BRUNO DATE: December 13, 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 November 11, 2022 is recommended. The Labor Summary report reflecting the total payroll amount of $1,782,017.66 for bi-weekly pay period ending November 6, 2022 by fund is shown below: Fund Amount Fund: 001 - GENERAL FUND 1,303,779.51 Fund: 006 - AMERICAN RESCUE PLAN ACT 61,104.77 Fund: 121 - FEDERAL/STATE GRANTS 1,785.11 Fund: 122 - SOLID WASTE/RECYCLE 244.49 Fund: 132 - AGENCY ON AGING 1,155.39 Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 5,488.81 Fund: 201 - PARKS AND FACILITIES CAPITAL 769.91 Fund: 203 - STREET IMPROVE. PROJECTS 10,542.78 Fund: 611 - WATER FUND 93,669.56 Fund: 621 - STORMWATER FUND 29,966.30 Fund: 631 - WASTEWATER FUND 88,810.45 Fund: 641 - CITYNET SERVICES FUND 91,927.01 Fund: 701 - CENTRAL GARAGE 14,824.67 Fund: 702 - FACILITY MAINT.FUND 40,044.08 Fund: 707 - TECHNOLOGY DEVELOPMENT 23,904.09 Fund: 711 - SELF INSURANCE 14,000.73 Total: 1,782,017.66 _________________________________ Bobby Magee, Interim Finance Director Date

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO

DATE: December 13, 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 November 25, 2022 is recommended. The Labor Summary report reflecting the total payroll amount of $1,724,420.40 for bi-weekly pay period ending November 20, 2022 by fund is shown below:

Fund Amount

Fund: 001 - GENERAL FUND 1,269,844.89
Fund: 006 - AMERICAN RESCUE PLAN ACT 63,723.98
Fund: 121 - FEDERAL/STATE GRANTS -542.48
Fund: 122 - SOLID WASTE/RECYCLE 245.03
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 4,513.74
Fund: 201 - PARKS AND FACILITIES CAPITAL 1,108.01
Fund: 203 - STREET IMPROVE. PROJECTS 8,183.85
Fund: 611 - WATER FUND 94,691.34
Fund: 621 - STORMWATER FUND 29,665.20
Fund: 631 - WASTEWATER FUND 91,580.03
Fund: 641 - CITYNET SERVICES FUND 84,161.51
Fund: 701 - CENTRAL GARAGE 14,241.40
Fund: 702 - FACILITY MAINT.FUND 36,194.27
Fund: 707 - TECHNOLOGY DEVELOPMENT 23,900.64
Fund: 711 - SELF INSURANCE 2,908.99

Total: 1,724,420.40

_________________________________
Bobby Magee, Interim Finance Director Date DocuSign Envelope ID: 099EDFBD-1E54-44F4-8EE0-633227A00696 11/30/2022

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:December 13, 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 Dec. 1, 2022, there are a total of 411 cases within the last 30 days in the City of San Bruno and as of Nov. 30, 2022, approximately 95% of San Bruno residents are vaccinated. Additional statistics are attached to this report.

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

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 ALTERNATIVES: The City of San Bruno’s Emergency Operations Center remains activated and there are no alternatives proposed at this time.

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Honorable Mayor and Members of the City Council
December 13, 2022

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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 12/2/2022 @ 11:30 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:December 13, 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 of September 30, 2021, in any of the following circumstances:

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December 13, 2022

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• 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. AB 361 will sunset on January 1, 2024, or whenever the City Council returns to in-person meetings, whichever occurs first.

FISCAL IMPACT: There is no fiscal impact.

ENVIRONMENTAL IMPACT:

There is no environmental impact. The action is not a project subject to CEQA.  City Council’s

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action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Adopt Resolution Declaring the Continued State of Local Emergency and Need for the City Council and Other Legislative Bodies Subject to the Ralph M. Brown Act to Continue to Teleconference in Order to Ensure the Health and Safety of the Public Pursuant to AB 361.

ALTERNATIVES:

The City Council may choose to not adopt the resolution or adjust staff’s findings; however, if a resolution is not adopted, the City may not be subject to the Brown Act exemptions that would be allowed under AB 361.

ATTACHMENTS:

1. Resolution

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

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

4. AB 361

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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 December 13, 2022, by the following vote:

AYES:Councilmembers:

NOES: Councilmembers:

ABSENT:Councilmembers:

ATTEST:
________________________________
Lupita Huerta
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:December 13, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Lupita Huerta, City Clerk
SUBJECT: Approve the 2023 City Council Meeting Calendar and Direct Staff to Cancel the Regular City Council Meeting of August 8, 2023 BACKGROUND:

The San Bruno City Council holds two regular meetings per month, pursuant to Municipal Code Section 2.04.020 Regular meetings – Day and time:
“Regular meetings of the city council shall be held on the second and fourth Tuesday, at seven p.m. except that no regular meeting shall be held on the fourth Tuesday in December. If at any time any regular meeting day falls on a legal holiday, such regular meeting shall be held on the next business day. Except as provided in Section 2.04.080, all meetings shall be open and public.”
DISCUSSION:

For the past thirteen years the City Council has canceled the first meeting in August for summer recess, except for two exceptions. The first was in 2011 when the City Council did not cancel a meeting in August, and in 2012, when the second meeting in August was canceled for summer recess. Following the tradition of the past thirteen years, it is recommended that the City Council direct staff to cancel the first regular meeting in August, which is August 8, 2023.

FISCAL IMPACT:

There is no fiscal impact.

ENVIRONMENTAL IMPACT:

There is no environment impact.

RECOMMENDATION:

Approve the 2023 City Council Meeting Calendar and Direct Staff to Cancel the Regular City Council Meeting of August 8, 2023.

ALTERNATIVES:

1. Do not approve the 2023 City Council Meeting Calendar.

2. Do not cancel the August 8, 2022 City Council meeting.

ATTACHMENTS:

1. 2023 City Council Meeting Calendar

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January

S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
April

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 July

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
October

S M T W T F S
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8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
February

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5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20
0 0
0 21 22 23 24 25
26 27 28
May

S M T W T F S
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14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
August

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6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
November

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5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
March

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5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
June

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4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
September

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10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
December

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3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 Regular City Council Meetings
City Council Meeting
Cancellation Date
Recognized City Holidays
Jan 02 New Year's Day Observed
v(reservedHolidayJan 16 M L King Day
Feb 20 Presidents' Day
May 29 Memorial Day
Jul 04 Independence Day
Sep 04 Labor Day
Nov 10 Veterans Day Observed
Nov 23 Thanksgiving Day
Nov 24 Day After Thanksgiving
Dec 25 Christmas
Dec 26 Christmas Eve Observed
2023 Public Meeting
Calendar
ATTACHMENT 1

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:December 13, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
SUBJECT: Adopt Resolution Authorizing the Mayor to Execute an Amendment to the Agreement With Richards Watson Gershon to Extend the Agreement for City Attorney Services and Appointing Trisha Ortiz as City Attorney for the City of San Bruno
BACKGROUND:

Earlier this year, the former City Attorney, who was a City employee, retired from the City. The City Council directed staff to solicit proposals for Contract Interim City Attorney Services from a private firm. The City received proposals from nine firms and the City Council interviewed those firms over the course of two days. On May 31, 2022, the City Council approved an agreement with Richards, Watson & Gershon and designated Trisha Ortiz as Interim City Attorney.

DISCUSSION:

The agreement conforms to the City’s standard consultant services agreement. Key elements of the agreement include:

1. Term. The term of the agreement started on June 6, 2022 and it terminates on December 16, 2022.

2. Scope of Services. A detailed scope of services, set forth as Attachment A to the Agreement.

3. Budget. Close budget coordination with the City Manager and City Council and timely reporting to the City Council regarding the cost of services. Billing is based on an hourly rate of $250.00 per hour for basic services as defined in Attachment B to the agreement.

4. Mutual termination clause. Both parties have the ability to terminate the agreement without cause. The City could terminate immediately. The firm would be required to provide 60 days’ notice.

With the contract term ending on December 16, 2022, the proposed resolution approves an amendment to the agreement to extend the term through the end of the fiscal year and appoints Ms. Ortiz as City Attorney. The parties could extend the agreement prior to the June 30, 2022 termination date, with a second amendment.

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Honorable Mayor and Members of the City Council
December 13, 2022

Page 2 of 2 ends

4 2
3 FISCAL IMPACT:

The proposed agreement includes compensation billed on a time and materials basis. The cost of basic legal services is $250.00 per hour. Through the mid-year budget update for the current fiscal year, staff anticipates bringing a budget amendment to the City Council to augment funding for the City Attorney’s Office due to expenses related to the retirement of the prior in- house City Attorney (vacation accruals) and higher than projected monthly legal costs.

RECOMMENDATION:

Adopt resolution authorizing the Mayor to execute an amendment to the agreement with Richards Watson Gershon for City Attorney Services and appointing Trisha Ortiz as City Attorney.

ALTERNATIVES:

Allow contract to expire and direct staff to negotiate with another firm to provide City Attorney Services or recruit for an in-house City Attorney employee.

ATTACHMENTS:

1. Resolution

2. Amendment

3. Agreement with Richards Watson Gershon

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RESOLUTION NO. 2022 - _____

ADOPT RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO

THE AGREEMENT WITH RICHARDS, WATSON & GERSHON FOR CITY ATTORNEY

SERVICES AND APPOINTING TRISHA ORTIZ AS CITY ATTORNEY
WHEREAS, on June 6, 2022, the City entered into an Agreement (“Agreement”), with Richards, Watson & Gershon to provide interim city attorney services for a term ending on December 16, 2022; and
WHEREAS, Trisha Ortiz has served as Interim City Attorney pursuant to the Agreement since June 6, 2022; and
WHEREAS, the City Council desires to appoint Trisha Ortiz as City Attorney; and WHEREAS, the City Council desires to amend the Agreement to extend its term through the end of the fiscal year.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Bruno appoints Trisha Ortiz as City Attorney for the City of San Bruno and authorizes the Mayor to execute an amendment to the agreement with Richards Watson Gershon for City Attorney Services to extend its term through the end of the fiscal year.
---------------------------------------------------
I hereby certify that foregoing Resolution No. 2022 - ____ was adopted by the San Bruno City Council at a regular meeting on December 13, 2022, by the following vote:

AYES:

NOES:

ABSENT:
_________________________________
Lupita Huerta, City Clerk

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99999-9999\2668164v2.doc

FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is made and entered into as of the 1st day of December, 2022, by and between the CITY OF SAN BRUNO (“City”), a municipal corporation, and RICHARDS, WATSON AND GERSHON, A Professional Corporation (“Consultant”).

RECITALS
WHEREAS, On June 6, 2022, the City entered into an Agreement (“Agreement”), with Consultant to provide city attorney services for a term ending on December 16, 2022; and
WHEREAS, the City desires to extend the term of the Agreement.

Now, therefore, it is agreed between the City of San Bruno, California, and Consultant to amend the Agreement as follows:

1. Section 1 (Term) is hereby amended in its entirety to read as follows:

Term. The term of this Agreement shall commence on June 6, 2022, and shall terminate on June 30, 2023, unless the term of the Agreement is otherwise extended or terminated, as provided for in Section 14. Services are to be performed on an as-needed basis as set forth in Exhibit A. The time provided to Consultant to complete services required by this Agreement shall not affect the City’s right to terminate the agreement as provided in Section 14.

2. Section 11 (Designation of Interim City Attorney; Assignment of Personnel) is hereby amended in its entirety to read as follows:

Designation of City Attorney; Assignment of Personnel. Trisha Ortiz shall be designated as City Attorney for the City. Ms. Ortiz shall be the attorney with responsibility for providing legal services for the City, and shall be the principal contact for the City. Ms.

Ortiz may assign other Consultant attorneys to perform services pursuant to this agreement. If City asks Consultant to remove a person assigned to the work called for under this Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City’s request.

3. Except as amended or modified herein, all the terms of the Agreement shall remain in full force and effect. Capitalized terms not defined in this Amendment shall have the meaning set forth in the Agreement. This Amendment may not be altered, amended, modified, or otherwise changed in any respect, except by a writing executed by an authorized representative of the Parties.

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-2-
99999-9999\2668164v2.doc
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the Effective Date first set forth above. _______________________________ _____________________________ Consultant’s Signature Date City Manager
City of San Bruno Date
____________________________________
Consultant’s Tax I.D./ Social Security number
________________________________________
Consultant’s San Bruno Business License number
Contract Approved by City Council on ____________(date) ATTEST
_____________________________
City Clerk

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AGREEMENT FOR CONSULT ANT SERVICES
THIS AGREEMENT is made and entered into as of the 1st day of June, 2022, by and between the CITY OF SAN BRUNO ("City"), a municipal corporation, and RICHARDS, WATSON AND GERSHON, A Professional Corporation ("Consultant").

RECITALS
WHEREAS, City desires to engage Consultant to provide city attorney services; WHEREAS, Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement; and WHEREAS, Consultant has affirmed its willingness and ability to perform such work.

It is agreed between the City of San Bruno, California, and Consultant as follows:

1. Term. The term of this Agreement shall commence on June 6, 2022, and shall terminate on the 16th day of December, 2022, unless the term of the Agreement is otherwise extended or terminated, as provided for in Section 14. The effective date of this Agreement is as first stated above and it shall terminate after final completion of the project as determined by the City.

Services are to be performed on an as-needed basis as set forth in Exhibit A. The time provided to Consultant to complete services required by this Agreement shall not affect the City's right to terminate the agreement as provided in Section 14. The time for completion of the contracted work shall only be extended by written approval of the City Council.

2. Scope of Services to be performed. Consultant shall diligently perform all the services described in the Project Description & Scope of Services attached hereto as Exhibit A and incorporated herein by reference (the "Services"). In summary, the Services are city attorney services. The City may elect to delete certain tasks of the Services at its sole discretion.

3. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. The time for completion of the contracted work shall only be extended by written approval of the City Manager as provided for in Section 1. The failure of Consultant to strictly adhere to the project schedule to or complete duties in a timely fashion as determined by the City may result in termination of this Agreement by the City.

4. Compensation to Consultant. City shall pay Consultant for the Services on a time and expense basis in accordance with the provisions of this Section and the Compensation Schedule attached hereto as Exhibit Band incorporated herein by reference. No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City Manager. In the event of a conflict between this Agreement and Consultant's proposal regarding the amount of compensation, this Agreement shall prevail.

4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/ or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on Agreement for Consultant Services
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all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff.

4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant:
(a) The actual costs of sub consultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. (b) Approved reproduction charges.
( c) Actual costs and/or other costs and/or payments specifically authorized in advance by the City Manager in writing and incurred by Consultant in the performance of this Agreement.

4.3 Consultant shall meet and confer with the City Manager, and consult with the City Council, to establish a monthly budget for the Services. As part of the monthly invoice for Services, Consultant shall provide a summary of the actual amount of Services billed and a comparison with the budget for the Services.

4.4 Consultant is solely responsible for all of its recurring business costs, including, but not limited to the payment of all taxes, business permit fees, professional licenses and overhead and shall not separately charge those costs to the City.

5. Designated Staff Contact. The City Manager will be the designated staff contact for performance of this agreement.

6. Standard of Performance. All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this agreement and that it will perform all services in a manner commensurate with community professional standards.

Qualified and experienced personnel who are not employed by the City shall perform all services, nor have any contractual relationship with the City.

7. Relationship of the Parties. Consultant agrees and understands that the work/services performed under this Agreement are performed as an Independent Consultant and not as an employee of the City and that Consultant acquires none of the rights, privileges, powers or advantages of City employees. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee of the City. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind the City to any obligation whatsoever.

8. Insurance. Consultant shall return an executed copy of this Agreement with proof of insurance and endorsements to insurance coverage satisfactory to the City that shows that on or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement Agreement for Consultant Services
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insurance coverage as follows: a) statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant with limits not less than $2,000,000, b) Commercial General and Automobile Liability insurance in an amount not less than two million dollars per occurrence, naming the City, its officers, officials and employees as additional insureds, and c) professional liability insurance for licensed professionals performing work pursuant to this agreement in an amount not less than $2,000,000 covering the licensed professionals' errors and omissions. Consultant shall not allow any sub Consultant to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the sub Consultant.

9. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with legal counsel reasonably acceptable to the City), indemnify and hold harmless City and its Council, officers, agents, departments, officials, representatives and employees ( collectively "Indemnitees") from and against any and all claims, suits, actions, losses, costs, damages, injuries (including, without limitation, economic harm, injury to or death of an employee of Consultant or its sub Consultants), expenses and liabilities of every kind, nature and description, at law or equity (including, without limitation, incidental and consequential damages), and reasonable attorneys' fees and costs, litigation expenses, court costs, and fees of expert consultants or expert witnesses, and costs of investigation ( collectively "Defense Costs") that arise from, relate to or pertain to, directly or indirectly, in whole or in part, any negligent or reckless act or omission or any willful misconduct of Consultant, any sub Consultant, anyone directly or indirectly employed by them, or anyone that they control ( collectively "Liabilities").

Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnitees except to the extent that liability is caused by the Indemnitees' sole negligence, active negligence, or willful misconduct, but shall apply to all other Liabilities.

Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to defend or indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence, or willful misconduct of the Indemnified Parties. This Section 9 shall be interpreted and applied to be consistent with the limitations in Civil Code sections 2782 and 2782.8. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.

10. Advice and Status Reporting. Consultant shall provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder. Such reporting will include, at a minimum, a monthly summary of the Services for each City department, or a summary of the Services categorized by other subject matter, as deemed appropriate by City Manager, in consultation with Consultant.

11. Designation of Interim City Attorney; Assignment of Personnel. Trisha Ortiz shall be designated as Interim City Attorney for the City. Ms. Ortiz shall be the attorney with responsibility for providing legal services for the City, and shall be the principal contact for the City. Ms. Ortiz may assign other Consultant attorneys to perform services pursuant to this agreement. If City asks Consultant to remove a person assigned to the work called for under this Agreement for Consultant Services
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Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.

12. Assignment and Subcontracting. Consultant shall not assign this Agreement or any portion thereof to a third party without the prior written consent of City, and any attempted assignment without such prior written consent in violation of this Section shall automatically terminate this Agreement. Unless otherwise specified in Exhibit A, Consultant shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City.

13. Ownership of Documents. All final work product produced by Consultant or its agents, employees, and sub Consultants pursuant to this Agreement is the property of the City. In the event this Agreement is terminated, all final work product produced by Consultant or its agents, employees or sub Consultants shall be delivered at once to the City.

14. Termination of Agreement. The City may, at any time from execution of Agreement, terminate this Agreement, in whole or in part, for the convenience of the City, by giving written notice specifying the effective date and scope of such termination. Consultant may, in its discretion, terminate this Agreement by giving written notice specifying the effective date of such termination; provided, however, that the date of termination shall be at least 60 days following the date of such notice. In the event of termination, all final work product shall immediately become the property of the City and shall be promptly delivered to the City as per above. In the event of termination, Consultant shall be paid for all work satisfactorily performed until termination.

15. Standard of Care and Payment of Permits/Licenses. Consultant represents and warrants it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession and to perform said work/services or forfeit any right to compensation under this Agreement. Consultant shall maintain a City of San Bruno business license during the term of this Agreement.

16. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

17. Retention of Records. Consultant shall maintain all records related to this Agreement for no less than three years after the City makes final payment or after termination of this contract and all other pending matters are closed. All records shall be subject to the examination and/or audit by agents of the City, the State of California and/or Federal grantor agencies.

18. Merger Clause. This Agreement, including any exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the City Manager. In the event of a conflict between the terms, conditions, or specifications set forth herein and those in the exhibits attached hereto, the terms, conditions, or Agreement for Consultant Services
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specifications set forth herein shall prevail. This Agreement, or facsimile proposal of the Agreement, constitutes the entire Agreement between City and Consultant.

19. Waiver, Severability, Choice of Law, Venue. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this agreement, which shall continue in full force and effect, provided that the remainder of this agreement can be reasonably interpreted to give effect to the intentions of the parties. The laws of the State of California shall govern this Agreement and all matters relating to it and venue for state court shall be in San Mateo County Superior Court, Redwood City and for federal court in San Francisco.

20. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, the County of San Mateo, and the San Bruno Municipal Code. To the extent this Agreement calls for a "public work" as defined by state law, prevailing wages shall be paid pursuant to Cal.

Labor Code 1720, et seq.

21. Conflict of Interest.
(a) In general. Consultant represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances that could give rise to a "conflict of interest," as that term is defined in the Political Reform Act, as codified at California Government Code Section 81000, et seq., on the part of the Consultant, or that Consultant has already disclosed all such relevant information in writing. (b) Subsequent Conflict of Interest. Consultant agrees that if an actual or potential conflict of interest in the part of the Consultant is discovered afterward, the Consultant will make a full disclosure in writing to the City. This disclosure shall include a description of the actions, which the Consultant has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict and shall take all such steps within thirty (30) days.
( c) Interests of City officers and staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Consultant nor any member of the Consultant's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Consultant's operations or authorizes funding Consultant.

22. Confidentiality. All communications and documents, including drafts, preliminary drawings, or plans, notes that result from the services under this Agreement, shall be kept confidential unless City authorizes in writing to release the information or document. Consultant Agreement for Consultant Services
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understands the City is a public agency and is subject to laws that may compel it to disclose information about Consultant's business.

23. Independent Contractor. City is retaining Consultant on an independent contractor basis and Consultant is not an employee of City. Anything in this Agreement that may appear to give the City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

24. Consultant. Notices required by this Agreement, and invoices for payments due shall be mailed to:

City of San Bruno
Attention: City Manager
567 El Camino Real
San Bruno, CA 94066
Notices to Consultant shall be mailed to:

Trisha A. Ortiz
Richards, Watson & Gershon
One Sansome Street, Suite 2850
San Francisco, CA 94104

25. Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies and other printed materials on recycled paper, and to use recycled products, where possible and economically feasible, for the work subject to this Agreement.

26. Solicitation. Consultant agrees not to solicit any business at any meeting, focus group or interview related to this Agreement, either orally or through any written materials.

27. Alternative Dispute Resolution. If any dispute arises between the parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
(a) Each party shall designate a senior management or executive level representative to negotiate any dispute;
(b) The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority; (c) If the issue remains unresolved after ten (10) days of good faith negotiations, the parties shall attempt to resolve the disagreement by negotiation between legal counsel. If the above process fails, the parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute;
Agreement for Consultant Services
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( d) The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days and shall be concluded within 15 days from the commencement of the mediation; ( e) The parties shall equally bear the costs and fees of any third party in any alternative dispute resolution process;
(f) The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either Party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code $ 900, et.

Seq.

28. Attorneys Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. Attorneys fees and related costs incurred by the parties in conjunction with Section 27 shall be borne by the incurring party.

THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES
6/1/2022
Date Mayor
City of San Bruno Date
Consultant's Tax I.D./ Social Security number

APPROVED AS TO FORM
de= . #{4- 'City Attorney
ATTEST
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Contract Approved by City Council on 5-l-22_ (date )
Consultant's San Bruno Business License number
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Agreement for Consultant Services
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Attachment: _A-Proieet_Description &Scope ofServices
I. General Responsibilities. The general responsibilities of the City Attorney ( or other firm personnel) include, but are not limited to, the following:

1. Assess the City Council's risk tolerance and adjust advice provided in accordance with City Council direction.

2. Provide pragmatic legal counsel by identifying the risks associated with various actions and options for City Council consideration.

3. Develop City ordinances and legislative documents in accordance with City Council direction and within City Council directed risk tolerance levels.

4. Provide clear, concise legal advice and consultation on a daily basis as requested by members of the City Council, the City Manager and staff.

5. Communicate responsively and clearly. Contacts are usually made via telephone and email, and generally same or next day response is expected. Set clear expectations regarding how long a response to questions will take.

6. Attend all City Council meetings in person or remotely as requested by the City Council and/or City Manager. Be prepared to advise the City Council on matters on the agenda as well as procedural or substantive issues that arise during the meeting; Attendance at City Council subcommittee meetings, planning commission meetings, meetings of the City's Committees, Boards and Commissions, or joint meetings with outside agencies may be requested from time to time.

7. Provide guidance concerning requirements of the Brown Act, Conflict of Interest, the Political Reform Act, the Public Records Act, Meyers-Millais-Brown Act, CEQA, tort liability and risk, civil and criminal enforcement, due process and other legal requirements imposed by statute and common law.

8. Attend and participate as a collaborative member of the City's Senior Leadership Team (SLT). Attend at least two weekly meetings with SLT and internal agenda review meetings.

9. Prepare, review, and approve as to form, ordinances, contracts, resolutions, leases, deeds, city council staff reports, and other documents prepared by city staff with legal considerations.

10. Perform legal work in relation to land use matters. Review and approve as to form development-related City legislative actions including environmental impact reports, negative declarations, land use appeals, public improvement agreements, easements, and other related documents.

11. Keep the City Council, City Manager and Risk Manager informed of the status of litigation involving the City. submit a quarterly status report briefly outlining the status of each litigation. This status report shall be submitted between the first and fifteenth of the following Agreement for Consultant Services
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months (April, July, October and January). Advise the City Council and City Manager of significant developments in litigation involving the City as they occur.

12. Advise the City regarding legal constraints and authority regarding City financial matters (e.g., taxes, assessments, fees, Proposition 218, debt issuances).

13. Review and update the City's Municipal Code and Zoning Code, including updates required by state and federal housing legislation.

14. Represent the City in litigation for all actions and other proceedings brought against City, its elected officials, appointed officers and agents and oversee services provided by other outside legal counsel engaged by the City for specified legal matters.

15. Upon request by the City Manager or City Council, the City Attorney may be secondarily involved with outside legal counsel in matters related to employment law, workers' compensation, labor negotiations, bond counsel, government tort claims filed against the City and general liability litigation covered by PLAN JP A.

16. In cooperation with the City Manager's Office ensure that the City Council is kept apprised of pending and current state and federal legislation and court decisions, as appropriate.

Provide written updates on those that have the potential to affect the City. Provide suggested action or changes in operations or procedures to assure compliance.

17. Coordinate recovery of all subrogation claims.

II. Specific Responsibilities. In addition to the above general responsibilities, the Interim City Attorney shall: (i) maintain office hours in City Hall at least two days per week, and (ii) attend City Council meetings in person, when such meetings are held with one or more City Councilmembers attending the meeting in City Council Chambers.

Agreement for Consultant Services
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Attachment: B Compensation Schedule
The hourly rates are listed in the following table, with the legal service categories described in detail below.

Hourly rates billed in six-minute increments
General Services All Attorneys $250
Special Services Shareholders and $335
Senior Attorneys
Special Services Associates $295
Third-Party Services All Attorneys At then current standard hourly rates, reduced by ten percent
Bond Counsel Services All Attorneys $395
All Services Paralegals $175
General Services are all services that are not defined below as Special Services, Third-Party Services, or Bond Counsel Services. Special Services are defined to include litigation, specialized labor and employment, environmental ( such as air and water quality and hazardous material matters), and water rights advisory services.

Third-Party Services are defined as any legal services provided in a matter where a third-party pays the City's legal costs.

Bond Counsel Services are defined as bond counsel, disclosure counsel, and issuer counsel services in connection with the issuance of bonds or other obligations by the City, or any entity created by the City. Consultant shall charge a composite hourly rate for all attorneys of $395 per hour for any of these services. The maximum total fee charged for each issue or series shall not exceed an amount that the City Manager deems fair and reasonable. In the event the proceedings for issuance of the bonds or other obligations are terminated before closing, Consultant would expect to be paid for its services to the date of abandonment at the hourly rate set forth above, but the amount of that payment would not exceed an amount that the City Manager deems fair and reasonable.

Billing Method
Time incurred in providing legal services will be billed in six-minute increments to billing accounts set up as specified by staff.

Reimbursable expenses
Consultant shall be reimbursed for out-of-pocket expenses incident to services performed in addition to other payments for legal services described herein. Such out-of-pocket expenses include, without limitation, extraordinary reproduction costs, and automobile mileage expenses for legal services other than General Services as defined above.

Agreement for Consultant Services
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:December 13, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Ann Mottola, Community Services Director
SUBJECT: Adopt Resolution Authorizing the City Manager to Amend the Agreement With Callander and Associates Landscape Architecture for Additional Design Services With a Second Amendment to Include Preparation of Construction Documents for Centennial Park in an Amount Not to Exceed $105,484, and Allocate $25,515 From the Development Impact Fees Community Fund
BACKGROUND: Centennial Plaza is located at the intersection of Jenevein Avenue and San Mateo Avenue and serves as the visual entrance for those that enter Downtown via Jenevein Avenue. The Plaza is currently closed to members of the public and barricaded with ropes because the area has never been landscaped for public use and subsurface footings from a prior structure on the site have not been mitigated or removed. The Plaza includes a variety of plants that lack curb appeal and plantings in the middle of the Plaza which serve as a dividing barrier within the space.

The City began working with Callander Associates Landscape Architecture (CALA) on July 5, 2021, to develop a conceptual design to activate Centennial Park with a short-term design solution for the site. Technical issues identified at the site indicated any design solution would require more complex work with grading and electrical work, and staff amended the contract with CALA so they could develop a concept for Council review.

Staff brought draft conceptual plans to City Council for direction in May 10, 2022. The direction was for Staff to work with the City Council Downtown Committee to create a final concept plan.

On August 23, 2022, City Council approved the Conceptual Plan developed with the City Council Downtown Committee and directed Staff to proceed and reach out to the San Bruno Community Foundation to request funding for the project.

DISCUSSION: On November 2, 2022, the City was awarded a Strategic Grant from the San Bruno Community Foundation in the amount of $500,000 to support the Centennial Park renovation contingent on the City Council approving the gap funding required to fully fund the project. In order to provide a final and accurate funding request to City Council, the project will need to go out to bid, which will require the development of construction documents.

Staff has reviewed a proposal from CALA for the additional scope of design work (Attachment 2) and is recommending that City Council authorize a Second Amendment to the Agreement with CALA for this scope of work. This additional scope includes development of construction documents including the following: demolition and erosion control plan, water and storm drain

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Honorable Mayor and Members of the City Council
December 13, 2022

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utility plan, grading and drainage plan, irrigation plan, planting plan, electrical plan. The project will also require review by the Planning Commission.

FISCAL IMPACT: The approved original Agreement and First Amendment with CALA total $70,031. There is a remaining balance of $30,139. The attached scope for the Second Amendment is $135,623. Less the balance of $30,139, the funding required for the Second Amendment is $105,484.

On May 25, 2021, Council accepted a plan to improve Centennial Plaza and allocated $150,000 of Park In Lieu Funds to the project. This additional scope will bring the total design through construction document cost to $175,515. This will exhaust the Park In Lieu Funds allocation and require an additional allocation of $25,515 from Development Impact Fees Community Fund.

There is adequate fund balance at this time. The final construction cost will be determined once the project is bid, and will be subject to separate City Council action.

ENVIRONMENTAL IMPACT: The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION: Adopt Resolution authorizing the City Manager to amend the Agreement with Callander and Associates Landscape Architecture with a Second Amendment to include preparation of construction documents for Centennial Park in an amount not to exceed $105,484, and allocate $25,515 from the Development Impact Fees Community Fund.

ALTERNATIVES:

1. Do not approve the Agreement amendment with CALA and direct staff to issue a new request for proposal for the additional work. The cost of this alternative will not be cost effective due to bringing on a new consultant to design a relatively limited scope of work.

2. Do not approve the Agreement amendment with CALA and do not authorize the project to proceed.

ATTACHMENTS:

1. Resolution

2. Proposal for Scope of Work

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RESOLUTION NO. 2022- ____

RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE

AGREEMENT WITH CALLANDER AND ASSOCIATES LANDSCAPE ARCHITECTURE

FOR ADDITIONAL DESIGN SERVICES WITH A SECOND AMENDMENT TO INCLUDE

PREPARATION OF CONSTRUCTION DOCUMENTS FOR CENTENNAL PARK IN AN AMOUNT NOT TO EXCEED $105,484, AND ALLOCATE $25,515 FROM THE

DEVELOPMENT IMPACT FEES COMMUNITY FUND
WHEREAS, On July 5, 2021, the City entered into an Agreement with Callander Associates Landscape Architecture in the amount of $25,628, to develop a conceptual plan to activate Centennial Park with a short-term design solution; and WHEREAS, On October 28, 2021, a First Amendment was made to this Agreement in the amount of $44,403, to expand the scope of work by Callander Associates Landscape Architecture to address the complexity of the site that would require build-type documents and revised designs to include the alleyway long the south side of the plaza; and WHEREAS, On May 10, 2022, City Council reviewed draft conceptual plans developed by Callander Associates Landscape Architecture for Centennial Park and directed Staff to work with the City Council Downtown Committee to create a final concept plan for the site; and
WHEREAS, On August 23, 2022, City Council approved the Conceptual Plan developed with the City Council Downtown Committee and directed Staff to proceed and reach out to the San Bruno Community Foundation to request funding for the project; and WHEREAS, On November 2, 2022, the City was awarded a Strategic Grant from the San Bruno Community Foundation in the amount of $500,000 to support the Centennial Park renovation, contingent on City Council approving the gap funding required to fully fund the project; and
WEHREAS, In order to provide a final and accurate funding request to City Council, the project will need to go out to bid, which will require the development of construction documents; and
WHEREAS, Callander and Associates Landscape Architects has submitted a proposal for the amended scope of work that will bring the total design cost through formal construction documents and bid process to $175,515; and WHEREAS, Staff has reviewed this proposal and recommends that the City amend the agreement with Callander Associates Landscape Architecture with a Second Amendment for design services for Centennial Park to include preparation of construction documents; and
WHEREAS, On May 25, 2021, City Council appropriated $150,000 from the Park-in- Lieu Fund for the project, and the amendment to Callander Associates Landscape

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Architecture’s contract will require an additional allocation of $25,515 from Development Impact Fees Community Fund.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to Amend the Agreement with Callander and Associates Landscape Architecture for additional design services to include preparation of construction documents for Centennial Park in an amount not to exceed $105,484, and allocate $25,515 from the Development Impact Fees Community Fund.

Dated: December 13, 2022
ATTEST:

Vicky S. Hasha, Deputy City Clerk
---oOo---
I, Vicky S. 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 10th day of May 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT:Councilmembers:

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www.callanderassociates.com

BURLINGAME GOLD RIVER SAN JOSE
1633 Bayshore Highway, Suite 133 12150 Tributary Point Drive, Suite 2025 Gateway Place, Suite 285 Burlingame, CA 94010 Gold River, CA 95670 San Jose, CA 95110 650.375.1313 916.985.4366 408.275.0565

21042_ASA#3_ConstructionDocumentsAndConstructio

Recreate
Educate
Live+Work
Connect
Sustain

November 18, 2022

ADDITIONAL SERVICES AUTHORIZATION # 3

TO: Ann Mottola, Community Services Director
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
[email protected]

RE: CENTENNIAL PLAZA / CONSTRUCTION DOCUMENTS AND CONSTRUCTION SUPPORT

Dear Ann,

We look forward to continuing to work with the City of San Bruno in developing the Centennial Plaza Plans. The concept phase (now concluded) has been instrumental in defining the project and we are now confident in the path forward. Our project team will include BSK geotechnical engineers, Freyer & Laureta civil engineers and Sacramento Engineering Consultants. The project improvements are as shown on the concept plan limit of works exhibit provided with this proposal. Due to new C.3 requirements, we’re assuming that we’ll be using permeable pavers or some porous pavement to stay under the new C.3 5,000 SF thresholds to prevent large scale requirements.

The following additional services will be provided on this project in accordance with our agreement dated July 5
th, 2021 and are considered an amendment thereto:

The items shown in bold-face italics are deliverables.

5.3.1 CONSTRUCTION DOCUMENTS
A. CD Kick-off Meeting: Virtual meeting with you to the confirm the project scope and schedule. We will prepare an updated schedule to present during the meeting.

B. Base Data: Obtain base data from city including city standards, record drawings of the electrical and irrigation plans, preferred site furnishings and irrigation materials and any other related information pertaining to the site if available.

C. Geotech Report: BSK will prepare a geotechnical paper study report of the proposed project site. The proposed scope of services will consist of project set up activities, limited subsurface investigation, limited laboratory testing, a geotechnical paper study, and preparation of geotechnical conclusions and recommendations for the planned improvements.

D. Coordination: Allow for ongoing coordination with design team and City during the development of construction documents.

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Additional Services Authorization #3
RE: CENTENNIAL PLAZA / CONSTRUCTION DOCUMENTS AND CONSTRUCTION SUPPORT November 18, 2022

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21042_ASA#3_ConstructionDocumentsAndConstructionSupport.doc © copyrighted 2022 Callander Associates
Landscape Architecture, Inc.

E. 35% Submittal: Proceed to prepare construction documents to a 35% level of completion. Plans are anticipated to be drawn at 10 scale and to include:
i. Cover Sheet
ii. Demolition and Erosion Control Plan: Identifying items to be demolished and protected. Along with providing minor erosion control measures. iii. Water and Storm Drain Utility Plan: Indicating schematic water service and storm drainage utilities.
iv. Grading and Drainage Plan: Indicating schematic grading and drainage and stormwater treatment.
v. Materials Plan: Indicating finishes, site furnishings and proposed materials. vi. Layout Plan: Indicating layout of major design elements. vii. Irrigation Plan: Indicating point of connection, mainline, valve locations and proposed materials.
viii. Planting Plan: Indicating proposed plant list, tree layout, and areas where different plant types are proposed.
ix. Construction Details: Design level details to confirm items and prefab features only to confirm design, materials and colors.
x. Electrical Plan: Showing light locations, fixture selections, electrical receptacles, and service connection.
xi. Prepare a technical specification outline that lists the sections that will be developed in further detail during future submittals.
xii. Update the estimate of probable construction costs to capture all plan changes and price adjustments.

Submit the 35% submittal electronically in PDF format to the City for review.

F. Review with City Staff: Virtual meeting with you and City staff to review the 35% Submittal. The goal is to obtain as much input as possible during the meeting. For maximum efficiency this meeting should be attended by all key stakeholders.

G. Planning Commission Presentation: Utilizing 35% submittal documents, develop a presentation to provide an update to the Planning Commission. Assist City in presenting to the Planning Commission.

H. 95% Submittal: Based on input received during the 35% submittal, proceed to develop plans to a 95% level of completion. In addition to the items included in the 35% submittal, provide the following documents as part of the 95% construction documents:

i. Landscape Documentation: Water use calculations to meet City WELO requirements.
ii. Construction Details
iii. Sanitary Sewer Plan
iv. Photometrics plan
v. Shade structure details: Provided by vendor including footing details. vi. Bid form, an estimate in bid format (engineer’s estimate) and measure and pay clauses.

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21042_ASA#3_ConstructionDocumentsAndConstructionSupport.doc © copyrighted 2022 Callander Associates
Landscape Architecture, Inc.

vii. Prepare technical specifications for all items of work in CSI MaterFormat.

Technical specifications to be combined with front end specifications prepared by the City.
viii. Structural Calculations: For footings associated with the shade structure.

Structural calculations to be provided by the manufacturer and billed as reimbursable expenses. It’s assumed footing details for the any light poles will be a deferred submittal responsible by the contractor.
ix. Prepare response to comments.

Submit the 95% submittal electronically in PDF format to the City for review. It is assumed that the City will submit the 95% plans and calculations to the Building Department for a building permit. This includes preparation of the permit application by the City.

I. Review with City Staff: Virtual meeting with you and City staff to review the 95% Submittal. The goal is to obtain as much input as possible during the meeting. For maximum efficiency this meeting should be attended by all key stakeholders.

J. Bid Submittal: Based on input received during the 95% submittal develop all documents to a bid submittal level of completion. Submit stamped signed hard copies of bid documents and digital copies for use in soliciting bids including response to comments.

K. Project Archiving: Package all electronic materials prepared, scan key paper records and upload to online servers as a record and for recovery at a later date.

Furnish digital copy to City.

5.3.2 BIDDING AND CONSTRUCTION ASSISTANCE
During the bidding and construction of the project, we would like to provide you with supplemental services to assist your full-time project administrator. These services would be provided on an hourly basis.

A. Pre-construction Phase
i. Respond to bidder’s request for information (up to three) ii. Prepare addenda as necessary (up to three)
iii. Provide analysis of bids received
iv. Attend a single pre-construction meeting

B. Construction Phase
i. Review shop drawings and submittals required by technical specifications. ii. Assist your group in responding to contractor requests for information. iii. Assist in reviewing change order for City execution. iv. Attend on-site construction review meetings (up to three) as requested by client, followed by written field reports.
v. Attend substantial completion walk through and submit written field report; develop “punch list” items and follow-up with corrective measures.

C. Post-Construction

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21042_ASA#3_ConstructionDocumentsAndConstructionSupport.doc © copyrighted 2022 Callander Associates
Landscape Architecture, Inc.

i. Attend final completion walk through and submit written field report; develop “punch list” items and follow-up with corrective measures. ii. Revise construction documents to incorporate record information as provided by Contractor for Owner’s Record Documents.”

COMPENSATION SUMMARY

TOTAL

5.3.1 Construction Documents (lump sum) 96,962.00 $

5.3.2 Bidding and Construction Assistance
(allowance) 25,696.00$
Subconsultant Reimbursables &
Subconsultant Mark up 5,530.00$
Structural Calculations (Allowance) 1,000.00$
CALA Reimbursables 6,435.00$
135,623.00$
CALA SEC BSK Freyer & Laureta
50,062.00$ 5,800.00 $ 9,600.00 $ 31,500.00 $
17,296.00$ 2,500.00 $ - $ 5,900.00$
830.00$ 960.00 $ 3,740.00 $
1,000.00$
6,435.00$
74,793.00$ 9,130.00 $ 10,560.00 $ 41,140.00 $

Schedule
Should this proposal be acceptable to you, please have a copy signed and return it to me, or alternatively attach a copy of this proposal to your standard form of agreement and send it to me for signing. We can start immediately upon receipt of a fully executed agreement.

Signatures

Callander Associates Landscape
Architecture, Inc.

Agreed and authorized to proceed for:

Brian Fletcher, PLA, ASLA, President

Signature date Name & Title
Attachment: Standard Schedule of Compensation dated 2023 Fee Matrix dated 11/18/22

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Additional Services Authorization #3
RE: CENTENNIAL PLAZA / CONSTRUCTION DOCUMENTS AND CONSTRUCTION SUPPORT November 18, 2022

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21042_ASA#3_ConstructionDocumentsAndConstructionSupport.doc © copyrighted 2022 Callander Associates
Landscape Architecture, Inc.

Concept Plan Limit of Work Exhibit, dated 11/18/22
Civil Engineering Services Proposal Centennial Plaza Improvements Project City of San Bruno, California dated 11/15/22
SEC Centennial Plaza, San Bruno scope dated 09/30/22
Proposal for Geotechnical Design Services Centennial Plaza Improvements 470 San Mateo Avenue, San Bruno, California dated 11/10/22

Notice: Landscape architects are licensed by the State of California.

Terms and conditions are subject to change after ninety days.

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www.callanderassociates.com

BURLINGAME GOLD RIVER SAN JOSE
1633 Bayshore Highway, Suite 133 12150 Tributary Point Drive, Suite 140 2025 Gateway Place, Suite 285 Burlingame, CA 94010 Gold River, CA 95670 San Jose, CA 95110 T 650.375.1313 T 916.985.4366 T 408.275.0565
Recreate
Educate
Live+Work
Connect
Sustain
Standard Schedule of Compensation 2023 San Jose & Burlingame

GENERAL
The following list of fees and reimbursable expense items shall be used in the provision of services described in the agreement. These amounts shall be adjusted in January, upon issuance of an updated Standard Schedule of Compensation:

Hourly Rates

Reimbursable Expenses Rates
Expenses cost + 15%
printing and reproductions, postage and
delivery, mileage, travel expenses (hotel /
food), testing and outside services, and other
project related expenses

Communications and Insurance Surcharge 2.5% of total fees

Subconsultant Administration 10% of Subconsultant Costs

PAYMENTS
Payments are due within ten days after monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is not received within a period of 60 days after invoice date. Additionally invoices 60 days past due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be applied to the final invoice for the project.

Principal $240 /hour
Senior Associate $218 /hour
Associate $208 /hour
Construction Manager $183 /hour
Senior Project Manager $188 /hour
Project Manager 1 $180 /hour
Project Manager 2 $171 /hour
Job Captain $158 /hour
Designer 1 $148 /hour
Designer 2 $135 /hour
Assistant Designer $120 /hour
Accounting $182 /hour
Senior Project Administrator $138 /hour
Project Administrator $123 /hour

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Task Matrix
Centennial Plaza ASA#3
11/18/22
SEC BSK Freyer & Laureta
@ $240 @ $171 @ $148 @ $123 @ $183 Subconsultant Fees Subconsultant Subconsultant Fees Phase Description hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s $'s $'s $'s

5.3.1 Construction Documents (lump sum)
A. Cd Kick-off Meeting 1.0 240.00$ 2.0 342.00$ - - $ - - $ - - $ 3.0 582.00$ - $ - $ - $ B. Base Data - - $ 1.0 171.00$ 2.0 296.00$ - - $ - - $ 3.0 467.00$ - $ - $ - $ C. Geotech Report - - $ 2.0 342.00$ - $ - $ - - $ 2.0 342.00$ - $ 9,600.00$ - $ D. Coordination 1.0 240.00$ 12.0 2,052.00$ 2.0 296.00$ - - $ - - $ 15.0 2,588.00$ - $ - $ - $ E. 35% Submittal 4.0 960.00$ 32.0 5,472.00$ 48.0 7,104.00$ 2.0 246.00$ 1.0 183.00$ 87.0 13,965.00$ - $ - $ - $ F. Review with City Staff 1.0 240.00$ 2.0 342.00$ 4.0 592.00$ - - $ - - $ 7.0 1,174.00$ - $ - $ - $ G. Planning Commission Presentation 2.0 480.00$ 4.0 684.00$ 4.0 592.00$ - - $ - - $ 10.0 1,756.00$ - $ - $ - $ H. 95% Submittal 6.0 1,440.00$ 44.0 7,524.00$ 64.0 9,472.00$ 2.0 246.00$ 1.0 183.00$ 117.0 18,865.00$ - $ - $ - $ I. Review with City Staff 1.0 240.00$ 2.0 342.00$ - - $ - - $ - - $ 3.0 582.00$ - $ - $ - $ J. Bid Submittal 2.0 480.00$ 20.0 3,420.00$ 32.0 4,736.00$ 2.0 246.00$ 1.0 183.00$ 57.0 9,065.00$ - $ - $ - $ K. Project Archiving - - $ 1.5 257.00$ 2.0 296.00$ 1.0 123.00$ - - $ 4.5 676.00$ - $ - $ - $ SUBTOTAL 5.3.1 18.0 4,320.00$ 122.5 20,948.00$ 158.0 23,384.00$ 7.0 861.00$ 3.0 549.00$ 308.5 50,062.00$ 5,800.00 $ 9,600.00 $ 31,500.00 $ Subconsultant Administration 10% 580.00$ 960.00 $ 3,150.00 $

5.3.2 Bidding and Construction Assistance (allowance)
A. Bidding and Construction Assistance 2.0 480.00$ 16.0 2,736.00$ 16.0 2,368.00$ - - $ 64.0 11,712.00$ 98.0 17,296.00$ 2,500.00 $ - $ 5,900.00$ SUBTOTAL 5.3.2 2.0 480.00$ 16.0 2,736.00$ 16.0 2,368.00$ - - $ 64.0 11,712.00$ 98.0 17,296.00$ 2,500.00 $ - $ 5,900.00$ Subconsultant Administration 10% 250.00$ - $ 590.00$ hrs CALA SEC BSK Freyer & Laureta

5.3.1 Construction Documents (lump sum) 308.50 50,062.00$ 5,800.00 $ 9,600.00$ 31,500.00$

5.3.2 Bidding and Construction Assistance (allowance) 98.00 17,296.00$ 2,500.00 $ -$ 5,900.00$ Sub Reimbursables & Mark Up 830.00$ 960.00 $ 3,740.00$ Structual Calculations (Allowance) 1,000.00$
Reimbursables (allowance) 6,435.00$
406.50 74,793.00$ 9,130.00 $ 10,560.00 $ 41,140.00 $ Callander Associates' Personnel and Rates
Principal Proj Manager 2 Designer 1 Administrator Construction Man.

CA Fees

TOTAL COMPENSATION
21042_FEE_Asa#3.xlsx
© copyrighted 2020 Callander Associates
Landscape Architecture, Inc.

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CENTENNIAL PLAZA IMPROVEMENTS
City of San Bruno, California
July 19, 2022
21042_RevisedConceptPlan2.indd

CONCEPT PLAN
0’ 2’ 4’ 8’
SAN MATEO AVE. WEST COAST CAFE
PICNIC TABLE, TYP .

BIKE RACK

FESTOON LIGHTING

CONCRETE CUBE
BOLLARD, TYP .

BOTTLE FILLER

CAFE STYLE

FLEXIBLE SEATING TIME CAPSULE

RELOCATION

INFORMAL PLAY ON

RUBBER SURFACING

BIO-SWALE

PLANTING

REMOVABLE
BOLLARD, TYP .

CONCRETE
PAVEMENT, TYP .

BOULDER, TYP .

ADIRONDACK

SEATING

STABILIZED

DECOMPOSED

GRANITE PAVEMENT

ORNAMENTAL
PLANTING, TYP .

FLEXIBLE PLAZA

SPACE WITH PAVERS

STAGE WITH

SHADE SHELTER
Concept Plan Limit of Work Exhibit, 11/18/22
Limit of Work

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Headquarters North Bay Office East Bay Office
150 Executive Park Blvd, Suite 4200 505 San Marin D rive, Suite A220 825 Washington Street, Suite 237 San Francisco, CA 94134 Novato, CA 94945 Oakland, CA 94607 Tel: (415) 534-7070 Tel: (415) 534-7070 Tel: (510) 937-2310

WWW.FREYERLAURETA.COM
November 15, 2022 (Revision 2)

Brian Fletcher ASLA, LEED AP
President / Landscape Architect
Callander Associates
[email protected]

RE: CIVIL ENGINEERING SERVICES PROPOSAL

CENTENNIAL PLAZA IMPROVEMENTS PROJECT

CITY OF SAN BRUNO, CALIFORNIA

Dear Brian,

Freyer & Laureta, Inc. (F&L) is pleased to submit this proposal to Callander Associates to provide civil engineering design services for surface and wet utility improvements for the Centennial Plaza Improvements (Project). We understand that the City of San Bruno has hired Callander to redesign the existing Centennial Plaza along San Mateo Avenue in San Bruno as a refreshed plaza space conducive to gathering, seating, and enjoyment for the public. As part of the design, it is understood that civil engineering services are needed for grading and drainage, stormwater management, service of water, and storm drain piping. The current Concept Plan prepared by Callander is attached herein to reference the location and preliminary programming anticipated for the Project.

Scope of Design Services
This proposal includes the tasks described below.

Task 1: 35% Design and Stormwater Treatment Alternatives Evaluation The scope of the initial design phase will include the following sub-tasks:
• Field investigate the site with engineering staff. Photographs and sketches will be taken to gather information needed for design. The existing storm drain system in the immediate vicinity of the site will be visually investigated to the extent possible. • Collaborate with the team on design solutions in order to keep hardscape square footage beneath the updated Provision C.3 regulated project threshold of 5,000 square feet. This includes design consultation regarding permeable paver solutions. • Participate in once conference call with the City and Landscape Architect to discuss the design and stormwater solutions.
• Prepare 35% design plans showing the layout of the site using Callander’s landscape architecture basefile, schematic grading and drainage, schematic stormwater treatment, and schematic water service and storm drainage utilities.

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FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers.

2 Task 2: Construction Documents, Permitting, and Bid Support F&L will prepare the civil construction drawings and specifications for the project, including the following scope:
• Prepare Site Grading and Drainage Plan.
• Prepare Stormwater Treatment Plan and Details.
• Prepare Water, Sewer and Storm Drain Utility Plan (including coordination with the City). • Prepare Civil Details.
• Prepare Technical Specifications.
• Prepare Opinion of Probable Construction cost.
• Perform QA/QC and submit the 95% Construction Documents to the City for review. • Incorporate City’s minor comments. If City’s comments on the construction documents change or expand the overall scope documented in schematic design, additional fees may be required. • Prepare permit/bid package and submit to Callander and the City. • Incorporate City review comments and prepare response to comments.

Task 3: Construction Support Services
Construction consultation services will be provided to assist Callander and the City in obtaining construction work that is in substantial conformance to the contract documents. Our construction services will consist of the following:
• Respond to bidder questions and issue an addendum.
• Construction Drawings updates for one Instructional Bulletin. • Contractor Submittal Review (review of Contractor’s submitted cut-sheets, shop drawings, and plans for conformance with the Contract Documents).
• Review and respond to Contractor’s Requests for Information (RFIs). • Assistance in review of Contract Change Orders (CCOs). • Two conference calls to resolve field issues.
• Prepare Record Drawings
o Drafting of Contractor As-Builts into AutoCAD drawings for City archiving. o Incorporate all plan drawing and specification RFI Responses, Instructional Bulletins, and Clarifications.
o Changes will be clouded and tracked with numbered deltas symbols associating each change to its dated source.
o At the City’s request, we can also provide a second record set without clouds and deltas.

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FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers.

3 Deliverables
Deliverables for the Project will be the plans, specifications, exhibits, and AutoCAD Civil3D files described above and in accordance with our professional civil engineering practice.

Deliverable phases included in this proposal are listed below:
• 35% Design Plans
• 95% Construction Documents
• Permit/Bid Construction Documents
• Instructional Bulletin
• Record Drawings

Assumptions/Exclusions
• This proposal is limited to the services that are specifically described above. Additional services requested that are not in this scope of work can be provided for agreed upon additional fees. • We understand the topographic surveying is being performed by others. No surveying or mapping scope is included herein. No underground utility locating or potholing is included. • Design of structures, such as retaining walls, hinge slabs, stairs, or structural foundations, are not included.
• Design and construction administration for landscape-controlled areas will be provided by the project landscape architect.
• Stormwater Pollution Prevention Plan (SWPPP) preparation or inspection is not included. • Geotechnical engineering, observation, or testing is not included. • Concrete or other materials testing is not included.
• Construction staking services are not included.
• Special studies, hydraulic modeling, and reports in support of any applications, permitting, etc. are not included.

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FREYER & LAURETA, INC. Civil Engineers · Surveyors · Construction Managers.

4 Proposed Fee Schedule
Please refer to Table 1 (attached) for the detailed fee breakdown for these design services. A summary is shown below.

Design Fees
Task Number Description Fee
1 35% Design $14,400
2 Construction Documents $17,100
3 Construction Support Services $5,900
Total $37,400

Thank you for the opportunity to provide you with this proposal. We look forward to continued collaboration with you and the rest of the team on this project. Please call us at (415) 534-7070 with any questions regarding our proposal.

Very truly yours,
FREYER & LAURETA, INC.

Richard J. Laureta, P.E. Joshua R. Kimbrell, P.E. , QSD/P, LEED Green Associate President Associate Principal

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FEE ESTIMATE:

PREPARED BY:

Task Hours
Associate
Principal
Associate
Engineer
Staff
Engineer II
Total Cost
per Task
Task 1: 35% Design
Field investigate site with staff 1 2 2 $855
Collaboration on design solutions to be keep harscape beneath Provision C.3 threshold 4 8 12 $3,980 One conference call to discuss design with Landscape and Owner 1 1 $400 Prepare 35% design plans 1 8 36 $6,665
Prepare Preliminary Opinion of Probable Construction Cost 1 4 8 $2,045 Project management, team coordination 1 1 $400
Task Subtotal: 9 24 58 $14,400
Task 2: Construction Documents
Prepare Site Grading, Drainage, and Bioretention Plan 2 8 16 $4,090 Prepare Water, Sewer, and Storm Drain Utility Plan 2 4 8 $2,270 Prepare Civil Details 1 2 4 $1,135
Update Opinion of Probable Construction Cost 1 2 2 $855 Prepare Technical Specifications (including bioretention soil media) 1 4 8 $2,045 QA/QC and submit 95% CDs to Owner for review 1 4 $925
Prepare Bid/Permit package, incorporate City review comments, and submit to Owner 1 6 22 $4,355 Update Opinion of Probable Construction Cost 2 2 $630
Project management and team coordination 2 2 $800
Task Subtotal: 11 34 62 $17,100
Task 3: Construction Support Services
Respond to bidder questions and issue addendum 1 2 3 $995 Construction Drawings updates for one Instructional Bulletin 1 2 3 $995 Contractor Submittal Review 1 2 3 $995
Review and respond to Contractor’s Requests for Information (RFIs) 1 2 3 $995 Two conference calls to resolve field issues 2 2 $800
Prepare Record Drawings 1 1 2 $680
Project Management 1 1 $400
Task Subtotal: 8 12 14 $5,900
FEE ESTIMATE TOTAL: $37,400
F&L Hourly Rates (2022) $225 $175 $140
Notes:

1. Not all staff positions are listed. Other staff positions may be utilized and will be billed at hourly rates according to F&L's 2022 Rate Schedule. The Not to Exceed Budget will remain the same.

2. Breakdown by task is for estimating purposes only. Level of effort between tasks may vary.

3. Total and Subtotals are rounded to nearest $100.

CENTENNIAL PLAZA IMPROVEMENTS

CALLANDER ASSOCIATES

CITY OF SAN BRUNO, CALIFORNIA

CIVIL ENGINEERING DESIGN SERVICES
FREYER & LAURETA, INC.

Last Printed: 11/15/2022 FREYER LAURETA, INC. Civil Engineers · Surveyors · Construction Managers

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FREYER & LAURETA, INC.

Civil Engineers · Surveyors · Construction Managers.

ATTACHMENT 1

Concept Plan
Centennial Plaza Improvements
City of San Bruno, California
Provided by Callander Associates

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CENTENNIAL PLAZA IMPROVEMENTS
City of San Bruno, California
July 19, 2022
21042_RevisedConceptPlan2.indd

CONCEPT PLAN
0’ 2’ 4’ 8’
SAN MATEO AVE. WEST COAST CAFE
PICNIC TABLE, TYP .

BIKE RACK

FESTOON LIGHTING

CONCRETE CUBE
BOLLARD, TYP .

BOTTLE FILLER

CAFE STYLE

FLEXIBLE SEATING TIME CAPSULE

RELOCATION

INFORMAL PLAY ON

RUBBER SURFACING

BIO-SWALE

PLANTING

REMOVABLE
BOLLARD, TYP .

CONCRETE
PAVEMENT, TYP .

BOULDER, TYP .

ADIRONDACK

SEATING

STABILIZED

DECOMPOSED

GRANITE PAVEMENT

ORNAMENTAL
PLANTING, TYP .

FLEXIBLE PLAZA

SPACE WITH PAVERS

STAGE WITH

SHADE SHELTER

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BIO-SWALE PLANTING

CENTENNIAL PLAZA IMPROVEMENTS
City of San Bruno, California
July 19, 2022
21042_RevisedConceptPlan2.indd

PAVER STONE PLAZA

INFORMAL PLAY

INSPIRATION IMAGERY

STAGE W/ SHADE SHELTER

DECOMPOSED GRANITE

ORNAMENTAL PLANTING

CAFE STYLE SEATING

CONCRETE CUBE BOLLARD

BIKE RACK

BOULDER

BOTTLE FILLER

REMOVABLE BOLLARD

PICNIC TABLE

ADIRONDACK SEATING

FESTOON LIGHTING

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September 30, 2022
Ms. Diana Castro
Mr. Brian Fletcher, President
Callander Associates
1633 Bayshore Highway, Suite 133
Burlingame, CA 94010
[email protected]
650-375-1313
We are pleased to confirm Centennial Plaza, San Bruno scope as follows:

Electrical point of connection including irrigation
controller
Festoon lighting
Convenience outlets
Area lighting
Design includes:

Building lighting and power engineering
Assist owner in utility coordination for power
Site lighting with point by point photometrics plan
Services include:

Preparation of 35%, 95% and bid drawings for architect and owner review
Construction cost estimate
Preparation of construction drawings
Title 24 energy compliance forms
Conferences
One trip to site during design
Incorporation of plan check comments
Assistance during bidding
Review of submittals and shop drawings
Respond to RFIs, addendums
Change order review
As built drawings from contractor mark ups
Trips to site during construction are quoted as a separate line item.

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Services exclude:

Any scope and services not noted above
We are pleased to quote the above scope as follows:

Construction documents through bidding:

Electrical engineering...........$ 5,800
Construction administration (excluding trips to site):

Electrical engineering...........$ 1,200
Cost for trip to site during construction:

Electrical engineering...........$ 1,300
Indicate acceptance of this proposal by signature below.

SIGNED
Rickert Henriksen
ME (M29,816), EE (E10,629)
FPE (FP01,497), LEED AP
President _____________________________

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399 Lindbergh Avenue
Livermore CA 94551
P 925.315.3151
www.bskassociates.com

Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company Sent via email: [email protected]
November 10, 2022 BSK Proposal No.: G00000714
Ms. Dania Castro
Project Designer
Callander Associates
1633 Bayshore Highway, Suite 133
Burlingame, California 94010
SUBJECT: 2nd Revised Proposal for Geotechnical Design Services Centennial Plaza Improvements
470 San Mateo Avenue, San Bruno, California
Dear Ms. Castro:

BSK Associates (BSK) is pleased to present this 2nd revised proposal to provide geotechnical design services for the subject project in San Bruno, California. Our previous proposal was issued on October 5, 2022 and has been revised to incorporate recent comments from Callander Associates.

The following subsections present our understanding of the proposed project, as well as a description of our proposed scope of services, our fee quotation, project schedule, and project limitations for your consideration.

BSK is committed to providing quality service to its clients, commensurate with their wants, needs and desired level of risk. If a portion of this proposal does not meet the project's needs or if those needs have changed, BSK will consider appropriate modifications, subject to the standards of care to which we adhere as professionals.

PROJECT UNDERSTANDING
According to the concept plan for the Centennial Plaza (approximately 0.15-acre site) dated July 19, 2022, the planned improvements will include the following:
• A stage area with shade structure,
• Flexible plaza space with pavers, café style flexible seating, and picnic tables, • Concrete pavement, rubberized play surfacing, landscaping, small bioswale, and other related improvement and,
• Light poles.

Grading is anticipated to be minimal, with cut and fills less than about 2 feet.

ANTICIPATED SUBSURFACE CONDITIONS
Based on our experience in the area and geologic mapping of the area by the U.S. Geological Survey, we expect the project site (Site) to be underlain by Pleistocene Colma Formation – sandy clay to silty sand .

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2nd Revised Proposal for Geotechnical Design Services BSK Proposal G00000714 Centennial Plaza Improvements November 10, 2022
San Bruno, California Page 2

Groundwater in the area is expected to be about 10 or so feet below the existing ground surface (BGS).

According to the CGS, the Site is not located within an Alquist-Priolo (AP) Earthquake Fault Zone, nor is it located within a Seismic Hazard Zone associated with liquefaction.

SUMMARY OF BSK SCOPE OF SERVICES
Our proposed scope of services will consist of project set up activities, a geotechnical paper study, limited filed investigation, limited laboratory testing, and preparation of geotechnical conclusions and recommendations as described below for the planned improvements.

Task 1 – Geotechnical Paper Study
BSK will conduct a geotechnical paper study of the project area, which will include review of available geologic/seismic hazards information readily available from the U.S. Geological Survey and the California Geological Survey, soil survey data from the U.S. Department of Agriculture, Natural Resources Conservation Service, groundwater maps and previous geotechnical reports proximate to the Site.

Task 2 – Limited Subsurface Investigation
We will advance three (3) hand auger borings to about 3 to 5 feet below the ground surface (BGS) or to practical refusal, whichever is shallower at the Site.

A field representative from BSK will maintain a log of the soils encountered and obtain bulk samples and relatively undisturbed samples for classification and laboratory testing. A hand-sampler equipped with 2- inch stainless steel liners will be used to obtain relatively undisturbed samples. We anticipate that the field exploration will be completed in one day. Upon completion, the borings will be backfilled with excess soil cuttings. We assume our investigation will be completed in one day and could be conducted during regular business hours (7:00 am to 5:00 pm) on a weekday without any t ime restrictions. We assume an encroachment permit will not be required for our investigation. Due to the shallow nature of the borings, we will not apply for a drilling permit with San Mateo County.

Task 3 – Limited Laboratory Testing
Laboratory tests will be performed on selected soil samples obtained from our hand auger borings to evaluate pertinent engineering properties for design. Laboratory tests that we anticipate performing include measure of moisture content/dry density, Atterberg limits, sieve analysis, and shear strength.

Task 4 – Report Preparation
We will evaluate the information obtained during our geotechnical paper study and limited field investigation and develop geotechnical conclusions and recommendations for the project. We anticipate that the letter report will include the following items:
• Vicinity map and site plan showing our hand auger boring locations; • Tabulated boring logs and laboratory test results;
• A description of the surface and anticipated subsurface site conditions based on a review of

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Google Earth aerial imagery and Street View imagery, and the results of our geotechnical paper study and limited field investigation;
• Presentation of subsurfa ce data, including laboratory test results, obtained from previous investigations proximate to the Site if this information is readily available online and our field investigation;
• A description of the site geologic setting and discussion of potential geologic hazards which could impact the project;
• General recommendations related to the geotechnical aspects of:
o Recommendations for shallow spread footings, including allowable bearing pressure, minimum embedment depth, and lateral resistance,
o Recommendations for shallow drilled piers, including allowable skin friction, minimum embedment depth, minimum diameter, and lateral load resistance, o Provision of mapped 2022 CBC seismic design parameters, o Exterior flatwork, decomposed granite walkway, and pervious pavers recommendations, o Portland Cement Concrete pavement recommendations, including minimum thickness of concrete and aggregate base sections;
o Recommendations for site preparation, earthwork, and fill compaction specifications, o Site drainage recommendation,
o Discussion about stormwater runoff mitigation, including anticipated hydrologic soil group type and typical range of saturated hydraulic cond uctivities per Chapter 7 of Part 630 Hydrology National Engineering Handbook (United States Department of Agriculture, 2007), and
o Construction considerations and limitations.

We will provide you with an electronic copy of the letter report in PDF format.

Task 5 – Percolation Testing (OPTIONAL)
If desired, we would convert the upper 5 feet of two of our proposed hand auger borings into percolation test holes. We would install 2-inch perforated pipes and fill the annular space between the pipes and the borehole sidewalls with ¾ -inch drain rock. Prior to initiating the percolation testing, we would first pre- soak the percolation holes overnight. The following day, we would fill the percolation holes with water to within 6 to 24 inches above the bottom of the holes. We would then measure the time for the water to recede approximately one inch or measure the drop of water level after approximately 60 minutes, whichever takes less time. We would continue filling the percolation holes and measuring the water level drop until the drop rate between consecutive readings stabilizes. We would then reduce the data collected to estimate t he percolation rates of each hole. The test results would be presented in our geotechnical report. Upon completion of the percolation testing, the test holes would be backfilled with sand and the upper approximately six inches would be patched with topsoil.

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Task 6 – Geotechnical Plan Review (Optional)
If this task is selected, we would perform a single review iteration of the geotechnically relevant aspects of the 95 percent complete project plans before they go out to bid. We would then issue a letter presenting our review comments if any. Once our review comments have been addressed, if desired, we could issue a final review letter indicating our review comments have been addressed. If additional review iterations were necessary, our fee for this task would need to be adjusted accordingly.

Task 7 – Post-Report Consultation (Optional)
If necessary, after issuance of our geotechnical investigation report, we could provide consultation on an as-needed basis, such as attendance of conference calls and meetings. We suggested an initial budget for this task in our fee breakdown below. However, depending on the level of effort needed, our fee for this task may need to be adjusted accordingly. For this reason, this task would be charged on a time and materials basis not to be exceeded without prior authorization.

BSK FEE ARRANGEMENTS
Fees for our services will be charged on a lump sum basis except for Task 7, which would be charged on a time and materials basis . Our charges will be invoiced monthly. For the scope of services discussed herein, our fee quotation, approximately broken down by task, will be as listed in the table below.

Task Description Fee Estimate
1 Geotechnical Paper Study $2,400
2 Limited Field Investigation $1,800
3 Limited Laboratory Testing $1,800
4 Report Preparation $3,600
Total Fee Estimate $9,600

OPTIONAL TASKS
5 Percolation Testing (OPTIONAL) $2,100
6 Geotechnical Plan Review (OPTIONAL) $2,500
7 Post-Report Consultation (OPTIONAL) $1,500

The above fee quotation applies to services commenced within 90 days of this proposal. After that time, we should review our proposal for applicability.

The fees presented in this proposal are based on prompt payment for services presented in our standard invoicing format. Additional charges will be applied for specialized invoicing if backup documentation is needed. These special services and other work not included in our scope of services will be charged on a time-and-expense basis in accordance with our current Schedule of Fees.

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BSK ASSUMPTIONS
• BSK’s limited geotechnical investigation scope of services for this project specifically excludes the assessment of environmental characteristics particularly those involving hazardous substances. If needed, BSK can outline a separate scope of services for an environmental assessment. • Our scope of services does not include recommendations for stormwater treatment. • Our scope of services excludes collection of in -place soil samples for horticultural soils analysis and provision of recommendations for ornamental planting of turf, ground cover, shrubs, new and existing trees and maintenance during establishment period. We understand that these services will be provided by others.
• Our scope of services does not include construction observation and testing services. These services can be provided on a time and materials basis in accordance with our current Schedule of Fees as additions to the scope presented herein or we can submit amendment requests if/when these services are desired by the Client.
• An encroachment permit will not be required.
• If an encroachment permit is required, the encroachment permit fee will be waived by the City. • The City will provide permission for BSK to access to the project site at no cost or effort by us. • We assume this is considered a Prevailing Wage project. So, the City will need to provide BSK with a DIR number so that we could submit certified payroll to the Department of Industrial Relations four our prevailing wage field activities.
• We assume there is no Project Labor Agreement in place for this project. • We will be allowed to perform our field investigation between the hours of 7:00 am and 5:00 pm on a weekday.
• Our scope excludes performing a site-specific ground motion hazard analysis. • It is the responsibility of the project Owner or its representatives to provide BSK available information on locations for all utilities and utility easements situated within the site at least four (4) working days before the start of our field investigation. It is impossible to determine with certainty the precise location of all structures, which may be buried below the ground surface at the site. Disruption of utilities or damage to underground structures will be the responsibility of the Client. Services rendered by BSK to repair them will be billed at cost. To help lower the potential for conflicts with existing underground utility lines at our proposed exploration points, for an additional fee, we can retain the services of a private utility locator to help identify detectable underground utilities near our proposed exploration points at the site.

If any of these assumptions or conditions are not accurate or change during the project, the stated fee is subject to change. Please contact us immediately if you are aware of any inaccuracies in these assumptions and conditions, so we may revise the proposal or fee.

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SCHEDULE
We are ready to start our services immediately after receiving formal notice to proceed (NTP). We anticipate that we can prepare a geotechnical paper study within four weeks from NTP. If the optional field investigation and percolation testing is selected, we anticipate completing fieldwork within two to three weeks from NTP. Laboratory testing will take approximately two to three weeks to complete after our fieldwork is finished. Our geotechnical report should be issued within approximately two to three weeks following completion of laboratory testing.

AUTHORIZATION
If this proposal meets with your agreement, please send us a consultant agreement for our review and signature. In the agreement, please indicate which of the optional tasks listed above are desired.

This proposal was developed after discussion with you and is a preliminary understanding of your desires.

If a portion of this proposal does not meet your needs, or if those needs have changed, BSK is prepared to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications such as changes in scope, methodology, scheduling, and contract terms and conditions may result in changes to the risks assumed by the Client as well as adjustments to our fees.

BSK will perform its services consistent with that level of care and skill ordinarily exercised by other consultants practicing in the same discipline and locale at the time the services are performed. No other warranties, either express or implied are provided. If changes occur in the design of the project, BSK should be notified in writing.

LIMITATIONS
BSK offers a range of engineering services to suit the varying needs of our clients. Although risk can never be eliminated, more detailed and extensive engineering yields more information, which may help the Client understand and manage the degree of risk. Since such detailed services involve greater expense, our clients participate in determining the level of service, which provides adequate information for their purposes at an acceptable level of risk. Acceptance of this proposal will indicate that you have reviewed the scope of services and have determined that it does not need or want more services than are being proposed at this time. Any exceptions should be noted and may result in a change in fees.

BSK will perform its services in a manner consistent with the standards of care and skill ordinarily exercised by members of the profession practicing under similar conditions in the geographic vicinity and at the time the services will be performed. No warranty or guarantee, express or implied, is part of the services offered by this proposal.

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CLOSURE
BSK appreciates the opportunity to submit this proposal for your consideration and we look forward to working with you on this project. If you have questions concerning this proposal or require additional information or services, please contact the undersigned at (925) 315-3151.

Respectfully submitted,
BSK Associates

Omar K. Khan, GIT Cristiano Melo, PE, GE
Project Geologist Livermore Branch Manager

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:December 13, 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 of the City Council of the City of San Bruno Approving and Finalizing the Draft City Council Policies and Procedures BACKGROUND:

Over the last several years, the San Bruno City Council has met to develop and discuss the development of City of San Bruno City Council Policies and Procedures. At each Regular or Special Meeting, the City Council and staff reviewed individual sections of the document and made edits throughout the respective sections based on majority consensus for each recommended edit.

The City Council most recently met on November 19, 2022 for a Special City Council meeting to provide direction to staff on final edits of the document.

DISCUSSION:

Attached to this staff report is the final draft version of the City of San Bruno City Council Policies and Procedures for City Council final approval and adoption.

The purpose of the City Council Policies and Procedures document is to assure the orderly and most efficient conduct of the City Council meetings. These policies and procedures are intended to assure the right of the majority of the City Council to decide items of business brought before the City Council; and the right of the minority to be heard. The guidelines are also intended to foster and promote the right of residents to have adequate notification of City Council meetings and a fair and reasonable opportunity to participate in meetings to be heard.

The document consists of 17 sections:

1.) General Rules

2.) Responsibilities of the City Council

3.) Responsibilities of the Mayor and Vice Mayor

4.) City Councilmember Duties

5.) Strategic Initiatives and Goal Setting

6.) Advisory Commissions, Boards and Committees

7.) Standing and Ad Hoc Subcommittees of the City Council

8.) Appointments to City’s Commissions, Boards and Committees (CBCs)

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Honorable Mayor and Members of the City Council
December 13, 2022

Page 2 of 2 ends

9.) Meetings

10.) Action Minutes

11.) Public Participation

12.) Appeals

13.) Communication with City Council and Staff

14.) Communication to City Council and Use of Social Media

15.) Budget Controls for the City Council Budget

16.) Ceremonial Matters

17.) Enforcement
It is important to highlight that the City Council Policies and Procedures for the meetings of the City Council are adopted in compliance with laws of the State of California, in particular, Government Code Sections 54940 et. Seq. (also known as the “Brown Act”). Whenever these policies are found to be in conflict with the terms and provisions of the Brown Act, the Brown Act shall apply and govern. Further, the City of San Bruno Municipal Code shall control whenever these rules are found to be in conflict.

FISCAL IMPACT:

There is no fiscal impact associated with this staff report or proposed action to approve and finalize the Draft City Council Policies and Procedures.

ENVIRONMENTAL IMPACT:

There is no environmental impact. The action is not a project subject to CEQA.  City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Adopt Resolution of the City Council of the City of San Bruno approving and finalizing the Draft City Council Policies and Procedures.

ATTACHMENTS:

1. Resolution

2. Final Draft of the City of San Bruno City Council Policies and Procedures

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RESOLUTION NO. 2022 - xx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO APPROVING AND

FINALIZING THE DRAFT CITY COUNCIL POLICIES AND PROCEDURES WHEREAS, the City Council first discussed the necessity for a City Council Policies and Procedures document in 2018; and
WHEREAS, the City Council held a number of special meetings to discuss and edit a draft Policies and Procedures document throughout 2020, 2021, and 2022; and WHEREAS, the last special meeting to discuss and edit the City Council Policies and Procedures document was held on November 19, 2022; and
WHEREAS, seventeen total sections in the Policies and Procedures document were created, edited and agreed upon by the City Council, and those sections are as follows:

1.) General Rules

2.) Responsibilities of the City Council

3.) Responsibilities of the Mayor and Vice Mayor

4.) City Councilmember Duties

5.) Strategic Initiatives and Goal Setting

6.) Advisory Commissions, Boards and Committees

7.) Standing and Ad Hoc Subcommittees of the City Council

8.) Appointments to City’s Commissions, Boards and Committees (CBCs)

9.) Meetings

10.) Action Minutes

11.) Public Participation

12.) Appeals

13.) Communication with City Council and Staff

14.) Communication to City Council and Use of Social Media

15.) Budget Controls for the City Council Budget

16.) Ceremonial Matters

17.) Enforcement
WHEREAS, through adoption of this resolution, the City Council of the City of San Bruno will adhere to the policies and procedures contained in the approved document.

WHEREAS, The policies and procedures are adopted in compliance with laws of the State of California, in particular, Government Code Sections 54940 et. Seq. (also known as the “Brown Act”).

Whenever these policies are found to be in conflict with the terms and provisions of the Brown Act, the Brown Act shall apply and govern. Further, the City of San Bruno Municipal Code shall control whenever these rules are found to be in conflict.

NOW, THEREFORE, BE IT RESOLVED, that the San Bruno City Council hereby:

1. Approves the City Council Policies and Procedures
---oOo---
I hereby certify that foregoing Resolution No. 2022 -
was adopted by the San Bruno City Council at a regular meeting on December 13, 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

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ABSENT: Councilmembers:

ATTEST:
_________________________________
Lupita Huerta
City Clerk

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Final Version as of 12/7/22
DRAFT

CITY OF SAN BRUNO

CITY COUNCIL

POLICIES AND PROCEDURES
Adopted on _________

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2 TABLE OF CONTENTS
Section 1. General Rules...................................................................................................................4 A. Preamble...........................................................................................................................................4 B. Statutory Authority...........................................................................................................................4 C. Quorum ............................................................................................................................................4 D. Training Requirements .....................................................................................................................5 Section 2. Responsibilities of the City Council............................................................................5 A. Responsibilities of the City Council as the governing body for the City of San Bruno shall be to: ...5 Section 3. Responsibilities of the Mayor and Vice Mayor.........................................................6 A. Responsibilities of the Mayor: ..........................................................................................................6 B. Responsibilities of the Vice Mayor: ..................................................................................................7 Section 4. City Councilmember Duties..........................................................................................7 A. The duties for all Councilmembers (including the Mayor and Vice Mayor): ....................................7 Section 5. Strategic Initiatives and Goal Setting.........................................................................9 Section 6. Advisory Commissions, Boards and Committees................................................10 Section 7. Standing and Ad Hoc Subcommittees of the City Council.................................11 Section 8. Appointments to City Commissions, Boards and Committees (CBCs)...........12 A. Appointments per San Bruno Municipal Code Process ..................................................................12 B. Alternative Appointment Process for Commission, Board or Committee Members .....................13 C. Appointment Process for SBCF Board of Director Appointments ..................................................14 D. Recruitment Officer for Commission, Board or Committee Members...........................................15 Section 9. Meetings...........................................................................................................................16 A. City Council Meeting Dates.............................................................................................................16 B. Types of Meetings ..........................................................................................................................16 C. Meeting Requirements...................................................................................................................18 Section 10. Action Minutes................................................................................................................21 Section 11. Public Participation........................................................................................................22

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3 Section 12. Appeals..............................................................................................................................23 Section 13. Communication with City Council and Staff.............................................................24 Section 14. Communication to the City Council and Use of Social Media.............................25 Section 15. Budget Controls for the City Council Budget..........................................................26 Section 16. Ceremonial Matters.........................................................................................................27 Section 17. Enforcement......................................................................................................................27

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4 Section 1. General Rules
A. Preamble

1. The purpose of this policy and procedure manual is to assure the orderly and efficient conduct of the meetings of the City Council. These policies and procedures are intended to assure the right of the majority of the City Council to decide items of business brought before the Council; and the right of the minority to be heard. These rules are also intended to foster and promote the right of residents to have adequate notification of city council meetings and a fair and reasonable opportunity to be heard.

2. The City Council includes the Mayor and four Councilmembers. The Mayor is elected at-large and serves a two-year term. On March 8, 2022, the San Bruno City Council authorized a conversion to district-based elections. The conversion will take place over two election cycles in 2022 and 2024. In November 2022, the first Councilmembers for District 1 and District 4 will be elected to serve four-year terms. In November 2024, the first Councilmembers for District 2 and District 3 will be elected to serve four-year terms. District elections do not affect the Mayor’s position.

3. In November 2022, San Bruno voters adopted term limits of no more than 12 consecutive years for the Mayor and members of the City Council. Only terms that begin after November 2022 count towards 12 consecutive year term limit.

B. Statutory Authority

1. These policies and procedures for the meetings of the City Council are adopted in compliance with laws of the State of California, in particular, Government Code Sections 54940 et. Seq. (herein referred to as the “Brown Act”). Whenever these policies are found to be in conflict with the terms and provisions of the Brown Act, the Act shall apply and govern.

Further, the City of San Bruno Municipal Code shall control whenever these rules are found to be in conflict therewith.

C. Quorum

1. A quorum shall be three or more Councilmembers. Policies, goals and priorities for the City of San Bruno shall be established by a majority vote of at least a quorum of the Council unless otherwise required by State law.

2. Per Government Code section 36936, ordinances and resolutions must be adopted by a majority vote of the total membership of the City Council. As

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5 such, a majority of the City Council is defined as three of the total five Councilmembers. In limited circumstances, State law requires a super- majority of the City Council to authorize specific actions. In such cases, a super-majority is defined as four of the total five Councilmembers.

D. Training Requirements

1. Per California Assembly Bill (AB) 1234, each Councilmember shall receive at least two hours of training in general ethics principles and ethics laws relevant to their public service every two years.

2. Per California Assembly Bill (AB) 1661, each Councilmember shall receive at least two hours of training in prevention of harassment, discrimination and retaliation.

Section 2. Responsibilities of the City Council
A. Responsibilities of the City Council as the governing body for the City of San Bruno shall be to:

1. Be stewards of the public interest as the primary concern.

2. Establish clear goals and priorities for addressing short and long-range needs of the community.

3. Adopt policies that define a course of action that shape the City now and in the future.

4. Demonstrate dignity, courtesy, honesty, integrity and respect during every public meeting.

5. Assure the fair and equal treatment of all persons coming before the City Council and Commissions.

6. Value all opinions, be tolerant of new and different ideas, and encourage different viewpoints while being mindful to not unnecessarily prolong discourse, or block consensus or majority action.

7. Strive to keep comments clear, concise, and on topic.

8. Work towards the common good, not personal interests.

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6 9. Start City Council meetings on time.

Section 3. Responsibilities of the Mayor and Vice Mayor A. Responsibilities of the Mayor:

1. Conduct meetings of the City Council as its Presiding Officer. (SB MuniCode 2.04.120)

2. Ensure that items on the agenda move along without delay or disruption.

3. If necessary, to keep Councilmember questions, and comments from members of the public relevant and on topic.

4. Maintain meeting order and limit meeting disruptions.

5. Convey the Mayor’s positions regarding ceremonial proclamations (or the City’s position, subject to City Council approval).

6. Represent City Government as its chief elected official at community functions, events, meetings, and business outreach and retention visits.

7. Represent the City to officially welcome/thank dignitaries, outside officials and open formal city sponsored gatherings.

8. Appoint Councilmembers for liaison positions to various external government agencies on an annual basis or from time to time as necessary, subject to City Council approval.

9. Convey the Mayor’s position regarding potential federal, state and regional legislative actions on behalf of the Mayor (or the City, subject to Council approval).

10.Make all appointments to and removals from City boards, commissions, and committees, subject to approval by the City Council. Also, see Section 7 in this document and SB MuniCode 2.04.120.

11.To vote as the City’s “voting delegate” at the League of California Cities Annual Conference and other similar meetings. This responsibility may be delegated to another Councilmember, as desired by the Mayor.

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7 12.City letterhead, logo, insignia and brand representing the “Office of the Mayor” may be used in written communications by the Mayor in furtherance of the Mayor’s duties.

B. Responsibilities of the Vice Mayor:

1. Rotation of Vice Mayor will be ranked by time of service on the City Council, with the longest serving member at the top of the rotation, and the newest member placed at the bottom of the rotation. The process is outlined in the San Bruno MuniCode 2.04.110.

2. In the absence or incapacity of the Mayor, or upon specific delegation by the Mayor, to perform the functions of the Mayor and possess all of the powers and duties thereof. (SB MuniCode 2.04.120)
Section 4. City Councilmember Duties
A. The duties for all Councilmembers (including the Mayor and Vice Mayor):

The items listed below are a guideline for all members if the City Council.

1. As independently elected members of the City Council, each Councilmember shall:
i. Treat each other, city employees, and members of the public with dignity, courtesy and respect.
ii. Be attentive to others and not interrupt or distract during public meetings.
iii. Keep comments during meetings clear, concise, and on-topic; manage meeting time appropriately.
iv. Respect the role of the Presiding Officer in maintaining order a during public meetings.
v. Arrive on time for Council meetings, having reviewed meeting materials in preparation for the meeting.
vi. In the absence of the mayor and the vice mayor, the City Council shall select a temporary presiding officer. (SB MuniCode 2.04.120)

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8 vii. Comply with all requirements of the Brown Act when communicating with each other.
viii. At the request of the Mayor, when available, represent the City at ceremonial functions, or at meetings of other agencies or bodies. ix. Respect the roles of staff in ensuring open and effective government.

2. Additionally, each Councilmember (including the Mayor and Vice Mayor) shall abide by the following policies:
i. No Councilmember who attends a Closed Session meeting may disclose or discuss any statements, items or documents which were developed for or presented in any Closed Session, except when specifically authorized by State law. Violation of this rule shall be considered a breach of confidentiality. Violations of closed session confidentiality may include the city obtaining injunctive relief in court and/or referral of the Councilmember to the grand jury. – Government Code Section 54963
ii. Councilmembers may not utilize City letterhead, logo, insignia and brand. Such materials are intended for official communications of the City and their use is delegated to the City Manager and City Attorney, or their designees, or as otherwise provided herein.
iii. Councilmembers shall not attempt to interfere, direct, inhibit, or become involved in administrative functions and operations of the City, unless granted specific permission by the City Manager. (SB MuniCode 2.12.060)
iv. Councilmembers should respect and adhere to the City’s form of government which is a general-law City operating under a Council- Manager form of government, with the City Council acting as the legislative body of the City. Council is the visionary policy maker; the City Manager is responsible for implementation of the Council’s vision through the administration of staff and resources, subject to the delegation of legislative authority.
v. Councilmembers must not influence or attempt to influence a decision on a matter or project on which they have a conflict of interest.

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9 vi. When using City reporting tools, such as SB Responds, email, or telephonic messages, Councilmembers shall identify themselves when possible commenting on open/archived reports.

Councilmembers shall not attempt to influence staff responses to comments/service requests from the public.
vii. Emails addressed to all Councilmembers by default will be handled by their area representative on the City Council, if it is able to be determined who their representative is.
viii.Councilmembers are encouraged to refer operational and policy interpretation questions on specific matters from residents to the appropriate staff members. Resident concerns/complaints should be referred to the Office of the City Manager for resolution by email to [email protected].
ix. Councilmembers will comply with Brown Act communication protocols.
x. Email and any other written communications amongst
Councilmembers on general, non-policy matters shall include a copy to the City Manager, the City Attorney, or the general City Manager’s Office email account at [email protected]. Additionally, Councilmembers shall be included via a blind carbon-copy (bcc) in order to avoid inadvertent Brown Act violations.
xi. If a Councilmember is unable to attend a specific regional agency meeting that they are the liaison for, they should notify their alternate as soon as possible, and alert the regional agency staff representative of their absence and provide information as to where to send any packet materials.
xii. Use of City offices by the City Council should be limited to official City business review of physical documents and meetings with constituents and staff. City offices shall not be used for campaigning nor any other political or personal purpose. Space at City facilities may be reserved by emailing [email protected].

Section 5. Strategic Initiatives and Goal Setting

1. The City Council and individual Councilmembers are often tasked with balancing myriad community needs, concerns, and potential policy directives, and as such

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10 the Council agrees to undertake an annual Strategic Initiatives & Goal Setting Process which is designed to:
i. Set a basic framework for action within a specific timeframe; supporting council in allocating time to accomplish the most important tasks and focus on the most critical issues, with less distraction. ii. Provide clear direction to staff on budgetary guidelines and the City Council’s priorities and initiatives for the upcoming year. This is important because clearly defined goals offer the City Manager and staff a roadmap to meet the expectations of Council and avoid any conflicting priorities that do not meet the collective vision of the Council as a whole.

2. Strategic planning is one of the tools that enable a council to define their vision and determine methods for accomplishing short-term and long-term goals.

Strategic planning and goal setting will be identified during Study Sessions.

3. Each year before the budget sessions, the Council shall hold a Study Session in January to March to review progress on goals previously set, reprioritize existing goals as needed, and define and prioritize new goals and objectives for the City of San Bruno.

4. An update on City Council Strategic Initiatives will be submitted to the City Council on a quarterly basis, but only reprioritized by vote of the Council annually at the City Council Retreat, unless altered as prescribed in Section 5.5.

Section 6. Advisory Commissions, Boards and Committees

1.The City has established several Commissions, Boards and Committees that are advisory to the City Council as a means of gathering community input. Those who serve on Commissions, Boards and Committees are volunteers who have taken their positions in an effort to become more involved with local government and to serve on advisory bodies to the City Council.

2. City Councilmembers are encouraged to not regularly attend advisory body meetings in order to avoid interference in the operation of the advisory body or an appearance of specific City Council direction as to matters under consideration by the advisory body.

3. City Councilmembers who plan to attend Commissions, Boards or Committee meetings shall adhere to the following protocols:

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11 A. When a Councilmember attends a particular Commission, Board or Committee, they may address the body before them, but may do so only when stating that the comments they are about to make do not necessarily reflect the views of the entire City Council, unless they are explicitly referencing an action that was taken by the City Council at a public meeting.

B. Refrain from lobbying any Commission, Board or Committee Members on behalf of any particular project, in an effort to sway their decision to match that of the Councilmember.

C. Keep political campaign discussions away from the Commission, Board or Committee meetings. For example, if a Commission, Board or Committee Member is running for a particular elected office, a Council Member may not voice their support of the candidate during any public meeting.

4. Fireworks Permits: As per Section 9C of Resolution No. 2008 – 67 relating to temporary fireworks stands pursuant to San Bruno Municipal Code Section

6.50.060, “a city council subcommittee may review the applications and the city clerk findings and make recommendations to the city council”. Notwithstanding this provision, the City Council has elected to not establish an annual subcommittee to review fireworks stand permits. Instead, the City Council has directed staff to process the permit applications and calendar action by the City Council pursuant to Section 9D of the same resolution, which states that at a regularly scheduled public meeting, the city council shall determine which applicants shall be granted permits and whether as a “grandfathered permittee” or “lottery permittee.”
Section 7. Standing and Ad Hoc Subcommittees of the City Council For purposes of the State of California’s open meeting law, the Ralph M. Brown Act (Brown Act), there are two types of subcommittees created by the City Council:
standing committees and ad hoc committees.

City Council committees are generally used to provide more detailed review and analysis of complex issues. Committees make recommendations to the City Council but cannot take formal action on behalf of the City Council.

Per the Brown Act: “standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body" are subject to all open meeting requirements.

Ad hoc committees are composed solely of less than a quorum of the City Council and are created for a limited time for a particular purpose, and generally do not have

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12 regularly scheduled meetings. Under the Brown Act, ad hoc committees are not required to comply with open meeting requirements.

A.All City Council standing and ad hoc committees shall be established by the City Council and the membership will be appointed by the City Council pursuant to Section 8.

B.Standing and ad hoc committees exist, with the initially appointed membership, until the next annually scheduled City Council assignment process for City committees and regional appointments.

C.Standing and ad hoc committees shall select their own chair during their first meeting. If the committee is unable to select a chair, or if the timing requires immediate action, the Mayor may appoint a chair from the members.

D.Any action to create a standing or ad hoc committee, appoint new or different members, or modify its duties must be placed on a City Council agenda for action.

E.Standing and ad hoc committees must provide reports to the City Council at a public meeting at least once per calendar year, or from time to time as needed or requested by the City Council.

Section 8. Appointments to City Commissions, Boards and Committees (CBCs)
A. Appointments per San Bruno Municipal Code Process

1. In accordance with the San Bruno Municipal Code, the Mayor shall make all appointments to and removals from City boards, commissions, and committees, subject to approval by the City Council. (SB MuniCode

2.04.120 and CA Gov’t Code §40605)

2. Use of the Alternative Appointment Process for Commission, Board or Committee Members
a. The Mayor may elect to use the Alternative Appointment Processes outlined in Sections 7.B and 7.C.
b. A majority of the City Council may only elect to use the Alternative Appointment Process after the Mayor has proposed an
appointment(s) that the City Council has not approved in accordance with SB MuniCode 2.04.120 and CA Gov’t Code
§40605.

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13 3. Removals from City boards, commissions, and committees shall follow the process outlined in SB MuniCode 2.04.120 as well as applicable Federal and State law.

B. Alternative Appointment Process for Commission, Board or Committee Members
Does not apply to San Bruno Community Foundation Board of Director Appointments, see Section 7.C.

Round One: Nominations
oMayor or Presiding Officer of the Meeting to facilitate nominations oCouncil members to be given the opportunity to make a Motion for Consideration for Appointment for any applicant
▪Requires a Second
Note: Any applicant that receives a Motion and a Second advances to Round 2 (no vote of the full City Council taken at this time).

During the nomination process, Council members will not be called upon in alpha order. Members must ask to be recognized through the Presiding Officer if they would like to make a nomination.

Round Two: Simultaneous Voting Process for Nominees
oCity Clerk to call Council members alphabetically, with the Vice Mayor and Mayor last.
oOnce called upon, Council members shall vote for their preferred nominee or abstention.
oIn the event of a tie or if no single nominee receives three votes from the City Council, the appointment process proceeds to Round Three. ▪The nominee(s) that receive the lowest number of votes (or are tied for the lowest number of votes) shall be eliminated.

Note: If five nominees each receive one vote, all five
nominees advance to Round Three.

Round Three: Simultaneous Voting Process for Nominees, if needed oCity Clerk to call Council members alphabetically, with the Vice Mayor and Mayor last.
oOnce called upon, Council members shall vote for their preferred nominee or abstention.

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14 oIn the event of a tie or if no single nominee receives three votes from the City Council, the appointment process proceeds to Round Four. ▪The nominee(s) that receive the lowest number of votes (or are tied for the lowest number of votes) shall be eliminated.

Note: If five nominees each receive one vote, all five
nominees advance to Round Four.

Round Four: Simultaneous Voting Process for Nominees, if needed oCity Clerk to call Council members alphabetically, with the Vice Mayor and Mayor last.
oOnce called upon, Council members shall vote for their preferred nominee or abstention.
oIn the event of a tie or if no single nominee receives three votes from the City Council, the appointment process ends and Council shall provide direction to staff whether to leave the position vacant or conduct a new recruitment process to fill the vacancy.

C. Appointment Process for SBCF Board of Director Appointments Founded in 2013 by the City of San Bruno, the San Bruno Community Foundation (SBCF) is a 501(c)(3) tax-exempt nonprofit organization. The SBCF is distinguished from other City CBC’s in that its legal structure is a dependent- nonprofit corporation under the City of San Bruno and SBCF Board members have a legal fiduciary duty to the Foundation (not the City). As such, the City Council has established the following Alternative Process for appointing SBCF Board members, which may be used at the discretion of the Mayor or a majority of the City Council.

1. Advertising for and recruitment of SBCF Board members shall be done in accordance with Section 7D of this document, with the exception that:
oThe City Council shall receive all applications.
o The Council may meet to review applications and determine which applicants to invite for an interview.
oThe SBCF Board shall select two members to attend and
participate in the City Council interview process.
oThe appointment process for SBCF Board members shall follow the procedures outlined in Section 7A (option: Section 7B) of this document.

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15 D. Recruitment Officer for Commission, Board or Committee Members

1. The City Clerk serves as the official Recruitment Officer for members of the CBC’s. As such, the City Clerk is responsible for advertising vacancies (whether scheduled or unscheduled) in conformance with Government Code section 54974, receiving and processing applications, scheduling interviews, and preparing staff reports related to CBC appointments. Additionally, as the CBC Recruitment Officer, the City Clerk is responsible for maintaining the City’s official lists of CBC membership, vacancies, appointment dates, and term expirations.

2. Prior to the end of the term for a filled position or when a CBC position is vacated, the City Clerk shall initiate a recruitment, which includes an initial recruitment period of 10 business days or greater, and/or schedule interviews to fill the position, if there are at least 2 individuals have applied for vacancy.

3. Per Government Code Section 54974 (a), a Notice of Vacancy, shall be posted not earlier than 20 days before, or not later than 20 days after the vacancy occurs. The Notice of Vacancy shall be posted to the City’s website, as well as published on the City’s social media accounts, and the City Clerk’s Office will share the Notice of Vacancy with the City Council during the initial recruitment period, schedule permitting. The initial recruitment period may be extended at the discretion of the City Clerk in the event that fewer than 2 individuals have applied for the vacancy.

4. Per Government Code Section 54974 (a), final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerk’s office.

5. Notwithstanding a decision to extend the initial recruitment period, the City Clerk shall furnish all submitted applications to the City Council at the close of the initial recruitment period and each subsequent recruitment period. During the period when the recruitment is extended, if a majority of the City Council requests to interview the applicants, the City Clerk shall work

6. to schedule interviews with the City Council.

7. Unless directed by a majority of the City Council, all CBC applicants shall be given the opportunity to be interview by the City Council.

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16 Section 9. Meetings
A. City Council Meeting Dates

1. Regular meetings of the City Council shall be held on the second and fourth Tuesday, at 7:00 p.m. (SB MuniCode 2.04.020)

2. The second regular meeting shall not be held in December. (SB MuniCode 2.04.020)
B. Types of Meetings

1. Regular Meetings – Agendas for regular meetings shall be released to the public no later than 72 hours in advance of the meeting, as required by the Brown Act and will include the meeting location and access information.

Every effort will be made to release agendas and distribution materials prior to 72 hours before the meeting, when possible.

2. Special Meetings – May be held on a non-regular meeting date and/or time. Special Meetings may be called with a minimum of 24 hours’ notice, versus the required 72 hours’ notice for regular meetings.

3. Study Sessions – Can occur during a Regular Meeting or a Special Meeting. They are held for the purpose of providing information to the City Council, typically on issues that are more complex and time-consuming than matters scheduled during a regular meeting agenda. During Study Sessions, Councilmembers may state their individual responses, preferences and questions based on the information provided during the meeting, and the Council may provide direction to staff regarding the discussed topic. For maximum clarity and to minimize any confusion by staff on the direction given by the City Council, all Council direction to staff on study session items will be provided in the standard format that provides a clear direction in a motion, a second and a vote.

4. Closed Sessions – May be scheduled by the Mayor, a majority of the City Council, the City Manager, or the City Attorney. Closed sessions can be part of either a regular or special meeting. All closed sessions shall be noticed and conducted in accordance with the provisions of the Brown Act.

Actions taken in closed session shall be publicly reported in open session when appropriate in accordance with section 54957.1 of the Brown Act.

Closed sessions may be held to discuss certain matters specified by law, including:

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17 ▪Personnel matters to consider the appointment, employment, performance, or dismissal of a public employee
▪Public safety threats
▪Labor negotiations
▪License applications by persons with criminal records
▪Real estate negotiations
▪Pending and existing litigation

5. A request from a Councilmember (other than the Mayor) for a closed session for personnel matters to consider the appointment, employment, performance, or dismissal of a public employee, such shall occur during the “Comments from Councilmembers” section of a regular meeting agenda (as per Section 9.C.9 of this policy) and such requests are not required to be published on the printed agenda.

6. Closed sessions (excluding those related to employee performance evaluations) are attended by the City Council, City Manager, City Attorney, and if requested, appropriate management staff or special consultants.

Except for public comment at the beginning of the meeting, Closed Sessions are not open to the public. The City Attorney shall keep a record of the Closed Session, including the votes taken on each closed session item where appropriate. No other notes or minutes of closed session discussions shall be recorded. The record of the votes taken shall constitute the exclusive record of the closed session, shall not be considered a public record, and shall be confidential pursuant to section 54957.2 of the Brown Act. Violations of the closed session confidentiality requirement are serious and may have impacts with respect to litigation exposure and represent a violation of the law for the person violating the confidentiality requirement. For maximum clarity and to minimize any confusion by staff on the direction given by the City Council, all Council direction to staff on closed session items will be provided in the standard format that provides a clear direction in a motion, a second and a vote.

7. Emergency Meetings – Are allowed per the Brown Act when an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of the public’s well-being.

8. Accessibility of City Council Meetings – All meetings of the City Council shall be conducted in accordance with the Brown Act (as amended), which guarantees the public's right to attend and participate in meetings of local legislative bodies. Subject to technical constraints and consideration of

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18 other factors at the City Manager’s discretion, broadcasting of such meetings shall be conducted as follows:
▪Regular Meetings / Special Meetings / Study Sessions: Open to the public for in-person attendance, recorded, televised and/or livestreamed online, and available to on-demand viewing online.

Action minutes prepared and published.
▪Retreats & Committee Member Candidate Interview (a type of special meeting): Open to the public for in-person attendance.

Action minutes prepared and published.
▪Closed Sessions: Closed to the public. Action minutes prepared and published, as per applicable laws.
▪Emergency Meetings: As directed by the City Manager, as per applicable laws.

C. Meeting Requirements

1. In the event that provisions of the Brown Act are suspended in order to allow for local legislative bodies to conduct meetings telephonically or by other electronic means to comply with public health or emergency orders, councilmembers, staff and members of the public may attend the meeting by video or phone linked to the agenda or watch by livestream when the meeting is not available for in-person attendance at a physical location.

2. Except as otherwise provided in Section 1 above, if the Councilmember attends a meeting telephonically or digitally, the Councilmember must ensure that:
i. The City Clerk is provided the teleconference/digital address location, and the councilmember must ensure the agenda is posted at that location 72 hours prior to the meeting and is visible 24 hours per day until the meeting is adjourned.
ii. The teleconference location is open and fully accessible to the public, as well as fully accessible under the Americans with Disabilities Act, throughout the entire meeting.
iii. These requirements apply to private residences, hotel rooms, conference rooms, and similar facilities as well as digital platforms all of which must remain accessible throughout the duration of the

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19 meeting, without requiring identification or registration on the part of the public to attend. These rules also apply to the same type of locations outside of the United States.

3. The City Council and members of staff will make every effort to end its meetings before 11:00 p.m. At 10:30 p.m. during a regular or special meeting, the City Council will decide by majority vote and announce whether it will begin consideration of any agenda items after 11:00 p.m. and, if so, which specific items will be discussed.

4. It is recommended that a Councilmember or staff notify the Presiding Officer prior to the meeting if they desire to reorder an item on the agenda.

5. Regular meeting agendas will include an item for “Council Committee Report Out”, placed before “Comments from Councilmembers”. This item will be an opportunity to inform the full City Council of significant agenda items or updates from Council subcommittees or ad hoc committees.

For detailed Committee Reports, the Councilmember(s) shall notify the City Clerk at [email protected] (with a copy to the City Manager and City Attorney) of the subject of their comments one week prior to the meeting, so that the topic may be placed on the agenda in accordance with the Brown Act. Brief announcements or reports do not need to be placed on the agenda as an item.

6. A City Councilmember may request that the City Council remove an item from the Consent Calendar; however, the Councilmember should strive to notify the City Manager’s Office, via email, of the request no later than noon on the day of the City Council meeting. Given that, from time to time, new information or questions may arise after noon on the day of the meeting, a Councilmember may also request to pull an item from the consent calendar for clarifying questions, or they may have written the City Manager earlier with questions regarding a specific agenda item. The City Manager may report answers for any agenda item questions when the item is being discussed during the meeting or provide a written response to the entire City Council (and made available to the public) before the meeting and prior to the close of business for the City Clerk’s Office on the day of the meeting.

7. Council Comments on Agenda Items – No discussion or debate shall be permitted upon items on the Consent Calendar; however, any Councilmember may request that their vote on a particular Consent Calendar item be noted as “Abstain” or “Recuse” due to a potential conflict

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20 of interest. In such case, a vote may be taken on the item the Councilmember is abstained from, and a separate vote must be taken for the remaining Consent Calendar items. Alternatively, a Councilmember may announce their recusal or abstention before the vote on the Consent Calendar. In such cases, a vote on the entire Consent Calendar will occur and the official minutes will reflect the Councilmember’s recusal or abstention on the specific items.

8. If a Councilmember would like to pull any item(s) from the Consent Calendar for further discussion at the meeting, they may do so before voting on the Consent Calendar begins. Consent items are meant to address routine items. The Mayor should first ask Councilmembers if they wish to move any consent agenda items to the regular agenda for further discussion. If requested, the Mayor would move the item and open it up for discussion during the Conduct of Business portion of the agenda, or make it a “parking lot” item for a future agenda. Ideally, Councilmembers should ask for such a move before the meeting so it can be placed on the Conduct of Business agenda before the meeting starts. Additionally, Councilmembers should strive to notify the City Manager’s Office, via email, of any requests to pull an item from the Consent Calendar by noon on the day of the City Council meeting.

9. Comments from Councilmembers – The purpose of this regular meeting agenda item is to allow the City Council an opportunity to make important city announcements, such as City-sponsored, or City-related public events and pertinent information. Each Councilmember shall strive to make comments that are respectful and beneficial to the community.

Councilmembers shall refrain from making any campaign announcements or solicit votes for an election-related matter during this agenda item. Each Councilmember shall strive to be brief during this agenda item.

Councilmembers shall notify the City Clerk [email protected] (with a copy to the City Manager and City Attorney) of the subject of their comments one week prior to the meeting, so that the topic may be placed on the agenda in accordance with the Brown Act.

10.Voting – A motion, second, and a majority vote of the City Council shall be required for any formal action detailed on the agenda. If a motion is stated and there is no second verbally stated, the Mayor must ask the City Council for a second to the motion made. If no second is presented, the motion fails for lack of a second. Any vote of abstention must clearly indicate for the record the basis for the abstention.

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21 Similarly, a motion, second, and a majority vote of the City Council shall be required for any Council direction to staff that occurs during any type of meeting. If direction to staff is proposed through a motion and there is no second verbally stated, the Mayor must ask the City Council for a second to the motion made. If no second is presented, the motion fails for lack of a second. Any vote of abstention must clearly indicate for the record the basis for the abstention.

11.Reconsideration – Once an item has been voted on, it will not be permitted for further discussion, unless a motion for reconsideration is made by a Councilmember who voted in the majority on that item at the same meeting (as per Robert’s Rules of Order).

12.Full Participation - To encourage full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question or agenda item. If a councilmember has already spoken and other members wish to speak, the latter members should be recognized in preference to the member who has already spoken.

However, if no other members seek recognition, the Mayor may recognize the member who has already spoken or make a motion on the item. The Mayor has the responsibility of controlling and expediting any debate or item. It is the duty of the Mayor to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.

13.Questions on Agenda Items - Councilmembers are encouraged to submit any detailed questions on agenda items to the City Attorney or the City Manager at least 24 hours prior to the meeting. This will allow senior staff to request information from other City staff that may not be present at the meeting and provide time to formulate a response. If a response is provided to the entire City Council prior to the meeting, State law requires (Government Code Section 54957.5) that the response be made available to the public. This is done by posting the response at City Hall and posting the response online. Questions should be emailed directly to the City Attorney and/or to the City Manager’s Office at
[email protected].

Section 10. Action Minutes

1. The City Council shall use Action Minutes to record their proceedings.

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22 2.Action minutes shall be defined as decision-only minutes that exclude any discussion that went into making the decision and capture only the conclusion and/or action to be taken. The minutes shall include the definition of action minutes.

3. Motions and votes are outlined in the action minutes.

4. Members of the public/media are authorized to bring personal recording devices to the public meeting, as long as the equipment used does not cause a disturbance or disruption to the official business of the City Council or the official recording and documentation of the meeting by the City or its agents.

Section 11. Public Participation

1. Public Participation - Members of the public are encouraged to participate in the legislative process by either submitting written comments before the meeting or speaking in person during a meeting. The following is a list of rules designed to explain how members of the public may address the governing board:

i. The public is welcome to address the City Council on items that are not listed on the agenda during the Public Comment section of the agenda, which occurs directly before the Consent Calendar is approved.
ii. In the interest of facilitating the Council’s conduct of City business, speakers are provided up to 3 minutes to speak by the Presiding Officer of the meeting. Members of the public may not defer their time to another member of the public. If a speaker decides not to address the Council after submitting a speaker card, they may decline their time when their name is called by the City Clerk.
iii. Those in the audience may not jeer, boo, or applaud if these activities cause any disruption during the meeting, including times when other members of the public are speaking at the podium. If a disruption occurs, which will not allow the meeting to continue unimpeded, the Mayor may recess the meeting. The Mayor also has the right to request removal of any member of the audience who actually disrupts the meeting.
iv. No member of the audience, or person(s) speaking at the podium may approach the dais at any time before, during, or after the meeting. Any documents being presented to the City Council, or any

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23 Committee, Board, or Commission must be provided to the City Clerk, or staff liaison before public comment.
v. For public comment on items not on the agenda, the Brown Act prohibits councilmembers from discussing or acting upon any matter not agendized pursuant to State Law. Councilmembers and staff may respond briefly to comments by members of the public or ask questions for clarification. The City Council may refer the matter back to staff for a future reply or may direct staff to place the matter on a future agenda.
vi. All statements made to the City Council must be made at the appropriate time of the meeting and may not be shouted from the audience. Any person wishing to address the City Council will be called to the podium at the appropriate time by the Mayor.

Section 12. Appeals

1. Appeals are public hearings and will follow the time allocations for addressing the City Council detailed below, unless otherwise required, or provided by law:
i. Applicant – 10 minutes combined
ii. Appellant – 10 minutes combined
iii. Individual Speakers (public comments) – up to 3 minutes (as per Section 10)

2. Appeals from decisions of the City’s Committees, Boards and Commissions shall appear on the City Council agenda for discussion. The City Council has the option to affirm the action of the commission, modify the action of the commission, refer the matter back to the commission, or reverse the decision, unless otherwise provided by law.

3. Any person that addressed the City Council during one of the 10-minute periods (as an applicant or appellant), may not speak again during the public comment period unless explicitly authorized to rebut or provide clarification by the Presiding Officer of the meeting.

4. Members of the public may not defer their time at the podium to another member of the public. If a member of the public has already addressed the City Council or

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24 has a speaker card in queue to address the City Council, they may not speak on behalf of another member of the audience.

Section 13. Communication with City Council and Staff

1. All communications between staff and councilmembers may be determined to be public records.

2. The Council, in adopting this policy, does not waive attorney-client privilege, the attorney work product privilege, or any other privilege associated with a closed session authorized under the Brown Act.

3. All emails sent and received through the City server are retained per the City’s Records Retention Schedule and are subject to the Public Records Act.

4. Members of the public are permitted to email members of the City Council by sending each Council Member an individual email.

5. From time to time, the need for a new City Council Strategic Initiatives or special projects may arise outside of the Council’s annual priority setting process. When this occurs, a Councilmember may request that the topic of their proposed Strategic Initiative be placed under the “Comments from Councilmembers” section on the agenda of regularly scheduled meeting, as described in Section

9.C.9 of this document. At such meeting, the Councilmember shall articulate why the new Strategic Initiative or special project is of critical importance and requires immediate action from the City Council to consider and/or be prioritized above existing Strategic Initiatives. Upon a majority vote of the City Council, the Council may request the City Manager and/or the City Attorney analyze the impact on other priorities if directed to work on the requested item and provide the City Council with an estimated timeframe and resources needed for the work effort at a subsequent Council meeting.

6. Periodically, a member of the City Council may desire for the City Attorney’s Office to conduct detailed/complex legal research on a particular topic or policy area. The Councilmember shall contact the City Attorney to discuss the topic. If the City Attorney determines that the desired research is a significant endeavor and/or recommends that the item be placed before the City Council for direction prior to initiating the legal research, the Councilmember will need to obtain support from the City Council. This shall be accomplished by under the “Comments from Councilmembers” section on the agenda of regularly scheduled meeting, as described in Section 9.C.9 of this document. The City Attorney will determine if the request needs to be published on the printed agenda. Upon a

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25 majority vote of the City Council, the City Attorney will conduct the legal research and report back to the full City Council (a confidential/privileged memo, public report, email, or off-agenda staff report). The limitations in this paragraph do not apply to legal research and advice regarding conflicts of interest.

7. In the event of an emergency, critical incident or activation of the City’s Emergency Operations Center (EOC), the City Councill will receive instructions and information from the City Manager or a designated liaison. At no time should a member of the City Council attempt to contact or communicate with the Incident Commander or anyone that reports to or is under the direction of the Incident Commander. Additionally, members of the City Council should not go to the scene of an emergency/critical incident and attempt to enter any evacuated or cordoned off area without prior authorization from the City Manager or the Incident Commander. During and immediately following an emergency or critical incident, the City will establish a contact for media inquiries. The Councilmembers shall make every attempt to contact the City Manager, the Council Liaison, and/or the City’s established Media Liaison prior to providing any information on the incident to members of the public or the media.

Section 14. Communication to the City Council and Use of Social Media

1. The following guidelines apply to City Councilmember personal communications including use of various forms of social media, letters to the editor of newspapers, personal endorsements, email, newsletters, participation in public forums or other meetings and the like.
i. Individual City Councilmembers should confirm and clarify that the comments they are about to make do not necessarily reflect the views of the entire City Council. Because members of the public will hear and understand comments by a Councilmember to represent City policy and/or the City Council as a whole, it is important that Councilmembers use discretion while engaging with members of the public on any social media/media platform or public forum, regarding matters of City business or policy. Suggested language for a disclaimer to be used when clarifying opinions or statements are made is:
“I am a City Councilmember of the City of San Bruno. These are my own opinions and they may not represent those of the San Bruno City Council as a whole.”

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26 ii. City Councilmembers are expected to actively protect any information received the course of service as a Councilmember which is considered confidential or protected, such as information that is protected under personnel privacy laws.
iii. City Councilmembers shall not post information, images or icons to any social media platform, which was obtained in their official capacity and not otherwise available to the general public without specific confirmation by the City Manager that such information may be used and distributed publicly.
iv. If a City Councilmember creates a post on social media about city business (examples: upcoming meeting dates, public safety issues, etc.), they may not delete comments made by other users, or block any person who comments on the post(s). City Councilmembers should not block content or users due to a personal dislike of the user, or because of comments the other user makes, or has made. v. Councilmembers’ use of social media is restricted by AB 992 (Mullin), and is limited to answering questions posed by the public, providing information to the public, or soliciting information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body.
vi. A majority of Councilmembers are prohibited from discussing business of a specific nature that is within the subject matter jurisdiction of the legislative body.
vii. Councilmembers may not directly respond to any communication made, posted, or shared by any other Councilmember regarding a matter that is within the subject matter jurisdiction of the legislative body.

Section 15. Budget Controls for the City Council Budget

1. The annual City budget includes appropriations for City Council expenses and conferences. The amount allocated in the budget should be at least sufficient to cover City Council stipends, as well as limited funding to cover approved attendance at conferences or educational seminars when deemed appropriate.

2. If a City Councilmember wishes to attend a conference, educational seminar or training, they should contact the City Clerk, who will manage reservations for the

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27 Councilmember. Any out-of-state conferences or trainings for a Councilmember must be approved by a majority of the City Council during a regular or special meeting before the scheduled conference takes place.

3. If a City Councilmember attends a conference or educational seminar on the City’s behalf, then the Councilmember must present a brief oral report of the conference or seminar at the next regularly scheduled City Council meeting during the “Comments from Council Members” section of the agenda.

Section 16. Ceremonial Matters

1. The City may issue ceremonial proclamations, resolutions or certificates of appreciation when such an issuance positively impacts the community and conveys an affirmative message to residents. It will be the policy of the City Council to process requests for ceremonial documents in the following manner:
i. If the Mayor determines that a request is consistent with the policy stated above, the Mayor can request that the City Clerk prepare the document and coordinate the release of the document, either privately, or at a future public meeting.
ii. The person who submitted the request must provide specific details regarding the request, including language for a proclamation or resolution, or information for a certificate of appreciation at the time the request is made.
iii. Depending on the nature and time-sensitivity of a particular request, the Mayor may act without full formal concurrence of the City Council when the situation warrants. When there is no formal concurrence the Mayor shall clearly indicate the issue is from the Mayor and not the Council.

Section 17. Enforcement

1. Councilmembers have the primary responsibility to assure that these practices and protocols are understood and are followed. Councilmembers entering office shall sign a statement affirming receipt of the Council Policies and Procedures Manual. All Councilmembers shall also sign a statement affirming receipt when the Manual is amended.

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28 2. The following sets forth the procedures to be followed when one or more Councilmembers allege that a Councilmember has violated this Policy or any other applicable City policy.
i. A majority of the City Council may request, at a public meeting, that an item be agendized at a regular or special meeting to discuss an alleged violation of this Policy. Such requests shall occur during the “Comments from Councilmembers” section of a regular meeting agenda (as per Section 9.C.9 of this policy) and such requests are not required to be published on the printed agenda.
ii. After consideration of the alleged violation, the City Council may direct that an investigation be conducted.
iii. The City Council may also schedule a hearing and provide the councilmember who is the subject of the allegation with the opportunity to submit a response in writing and/or orally at the hearing.
iv. The City Council may consider admonishing the councilmember by issuing a statement of disapproval, imposing a sanction such as removal from committee assignments, and/or censuring the councilmember by adopting a formal resolution (with specific restrictions, as applicable).

3. The aforementioned shall not be used for violations of State or Federal laws, as such laws are subject to separate penalty and enforcement provisions outside of the City’s purview.

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:December 13, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Ryan Johansen, Chief of Police
SUBJECT: Receive Update on the Meet and Confer Process Associated With the Downtown Parking Meters and Enhanced Parking Enforcement Project BACKGROUND:

On November 8, 2022, a staff report was presented to City Council on the Downtown Parking Meters and Enhanced Parking Enforcement Project. This report provided City Council with an update on staff’s progress toward establishing a metered parking program downtown and included staff recommendations to grant the City Manager authority to enter into an agreement with LAZ Parking to establish contracted parking enforcement services throughout the City.

In this previous report, staff acknowledged that the movement to contracted parking enforcement services necessitated a Meet and Confer with the Police Bargaining Unit. At the time of that report, this Meet and Confer process was underway, but not yet complete. City Council requested that staff complete this Meet and Confer process and report back at a subsequent meeting, prior to taking action on this item.

DISCUSSION:

On November 17, 2022, the City and the City of San Bruno Police bargaining Unit represented by Teamsters, Local 856 (“MOU”) Union met and completed the Meet and Confer process regarding the movement to contracted parking enforcement services. No additional action is required.

FISCAL IMPACT:

There is no fiscal impact from this agenda item.

ENVIRONMENTAL IMPACT:

This agenda item 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).

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Honorable Mayor and Members of the City Council
December 13, 2022

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San Bruno City CouncilDecember 13, 2022

San Bruno City Council
December 13, 2022