Agenda, regular meeting — San Bruno City Council, February 28, 2023

"The City With a Heart"
Rico E. Medina, Mayor
Tom Hamilton, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Marty Medina, Councilmember, District 4
Michael Salazar, Councilmember
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
February 28, 2023
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/82352781961? pwd=WlNmY2xhUFNMRVRTZS9lTzNCWVhLdz09
Phone Line: 16465588656
Webinar ID: 823 5278 1961
Webinar Password: 643293
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].
*Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the City to at least a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at the City Clerk’s Office at City Hall located at 567 El Camino Real, San Bruno, California during normal business hours. In addition, the City may also post such documents on the City’s Website at sanbruno.ca.gov/AgendaCenter.

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. Receive General Update From the Peninsula Clean Energy

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 the Draft Meeting Minutes for the Special Meetings of May 17, 2022, May 19, 2022, May 24, 2022 and May 31, 2022 and for the Regular Meeting of May 24, 2022 b. Approve Accounts Payable for February 13, 2023 and February 21, 2023 c. Accept Payroll for February 12, 2023
d. Receive Written Update on the City’s Response Efforts to COVID19 and Adopt Resolution Terminating the Local Emergency Declared by the City in Response to the COVID19 Pandemic
e. Adopt Resolution Approving Revisions to the City’s Conflict of Interest Code f. Receive Written Update on the City’s Response Efforts to the Late 2022/Early 2023 Winter Storms
g. Consider Adoption of an Ordinance of the City of San Bruno Amending Title 3 (Revenue and Finance) of the Municipal Code to Increase the Tax Imposed on Cannabis Businesses

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending Title 8 (Streets, Sidewalks, and RightsOfWay) to Add Regulations Relating to Parklets; Adopt a Resolution Adopting the San Mateo Avenue Parklet Program Regulations; Hold Public Hearing to Adopt a Resolution Adding Fees Related to Parklets to the Master Fee Schedule; and Find Such Project Exempt From the California Environmental Quality Act

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Receive MidYear Financial Update Report for FY202223 as of December 31, 2022 and Adopt a Resolution Approving a SecondQuarter Budget Amendment for the FY202223 Operating and Capital Budget
b. Authorize the City Manager to Negotiate and Enter Into an Agreement With Tyler Technologies, Inc. for the Upgrade to Enterprise Resource Planning (ERP) Munis Software, Along With Related Business Process and Implementation Services, and Support Services; and Authorize the City Manager to Negotiate and Enter Into an Agreement With OpenGov for Procurement Software, Along With Related Business Process and Implementation Services, and Support Services, for a Total Amount Not to Exceed $800,000
c. Consider Adoption of a Resolution Adopting Pay Scale for the City Manager Job Classification
d. Conduct Study Session for the Draft Final Local Roadway Safety Plan

9. COUNCIL COMMITTEE REPORT OUT
Public comment will be requested after each topic in this section

10. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Rico Medina:

Thank You to the Sammut Family Foundation for the Recent $10,000 Donation to the San Bruno Public Library. This Generous Donation Will Be Used to Expand the Library’s WiFi Hotspot Lending Program, as Well as Enhance Its Ebook Collection. This Donation Will Directly Improve the Quality of Life for Many San Bruno Residents.

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 14, 2023 at 7:00 p.m.

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The meeting will be livestreamed at youtube.com/CityofSanBruno and available on CityNet Services local Channel 1 SD | local Channel 10 HD.

1. CALL TO ORDER

2. ROLL CALL
3 PLEDGE OF ALLEGIANCE

5. ANNOUNCEMENTS/PRESENTATIONS
Public comment will be requested after each topic in this section a. Receive General Update From the Peninsula Clean Energy

9. COUNCIL COMMITTEE REPORT OUT
Public comment will be requested after each topic in this section

10. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Rico Medina:

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 14, 2023 at 7:00 p.m.

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The meeting will be livestreamed at youtube.com/CityofSanBruno and available on CityNet Services local Channel 1 SD | local Channel 10 HD.

1. CALL TO ORDER

2. ROLL CALL
3 PLEDGE OF ALLEGIANCE

5. ANNOUNCEMENTS/PRESENTATIONS
Public comment will be requested after each topic in this section a. Receive General Update From the Peninsula Clean Energy

9. COUNCIL COMMITTEE REPORT OUT
Public comment will be requested after each topic in this section

10. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Rico Medina:

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 14, 2023 at 7:00 p.m.

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Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
May 17, 2022
11:00 a.m.

1.CALL TO ORDER
The meeting was called to order at 11:00 a.m.

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

3.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
No members of the public wished to address the City Council during Public Comment.

4.CLOSED SESSION
a. Public Employee Appointment Pursuant to Gov’t Code Section 54957(b)(1): City Attorney There was no reportable action taken.

5.ADJOURNMENT
This meeting adjourned at 3:12 p.m. to the next regular City Council meeting which will be held on May 24, 2022 at 7:00 p.m.

These City Council meeting minutes were prepared by Vicky Hasha, Deputy City Clerk, for approval at the regular meeting of February 28, 2023.
______________________________ ______________________________ Vicky S. Hasha, Rico E. Medina
Deputy City Clerk Mayor

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Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
May 19, 2022
8:00 a.m.

1.CALL TO ORDER
The meeting was called to order at 5:01 p.m.

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

3.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
No members of the public wished to address the City Council during Public Comment.

4.CLOSED SESSION
a. Public Employee Appointment Pursuant to Gov’t Code Section 54957(b)(1): City Attorney There was no reportable action taken.

5.ADJOURNMENT
This meeting adjourned at 4:22 p.m. to the next regular City Council meeting which will be held on May 24, 2022 at 7:00 p.m.

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Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
May 24, 2022
4:00 p.m.

1.CALL TO ORDER - The meeting was called to order at 4:00 p.m.

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

3.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
No members of the public wished to address the City Council during Public Comment.

4.CLOSED SESSION
a. Public Employee Appointment Pursuant to Gov’t Code Section 54957(b)(1): City Attorney b. Conference with Real Property Negotiator Pursuant to Government code Section 54956.8 Property: APN 020 142 230 and 020 142 040
Agency Negotiator: City Manager
Negotiating Parties: City of San Bruno and Sares Regis Group Under Negotiation: Price and Terms of Payment
c. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 Property: APN 020142 140
Agency Negotiator: City Manager
Negotiating Parties: City of San Bruno and Karl Hansen
Under Negotiation: Price and Terms of Payment
d. Conference With Legal Counsel – Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4), One Case
There was no reportable action taken on items 4a, 4b and 4c. On item 4d City Attorney Zafferano reported that the City Council voted unanimously to approve joining litigation already filed by San Mateo County and many other cities in the county against Monsanto over PCB Contamination and the clean up costs.

5.ADJOURNMENT
This meeting recessed at 5:30 p.m. to a Special Meeting to conduct a Study Session. The next Regular City Council Meeting will be held on May 24, 2022 at 7:00 p.m.

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Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
May 24, 2022
5:30 p.m.

1.CALL TO ORDER - The meeting was called to order at 5:30 p.m.

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

3.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
No members of the public wished to address the City Council during Public Comment.

4.STUDY SESSION
a.Conduct Study Session for the Southline Project and Transportation/Infrastructure Municipal Services Agreement.

Public Works Director Lee gave an introduction of the project to the City Council.

Lane Partners Representative Marcus Gilmour gave a project overview to the City Council.

TJKM Engineering Consultant Fakhry gave a presentation of the project to the City Council.

Public Works Deputy Director Ritchie answered questions from the City Council.

City Manager Grogan answered questions from the City Council.

Member of the Public Dave De La Torre with the Laborers Union 261 and lifetime San Bruno resident spoke in strong favor of the project.

5.ADJOURNMENT

This meeting adjourned at 7:08 p.m. to the Regular City Council Meeting of May 24, 2022 at 7:00 p.m.

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Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
May 31, 2022
5:00 p.m.

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

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

3.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Member of the public Nancy Foreman addressed the City Council during Public Comment.

She spoke about the planters in the downtown and her request for “Story Poles” to be part of the City’s residential building permit requirement.

4.CONSENT CALENDAR
a.Adopt a Resolution Authorizing the City Manager to Enter into a Lease Purchase Arrangement for Two Pumper/Fire Trucks with the Western Alliance Bank.

City Manager Grogan introduced the item to the City Council and answered questions.

Finance Director Sun gave the financial background of the item and answered questions.

Fire Chief Delay provided a brief re-cap of the item and answered questions.

M/S Hamilton/Salazar, the motion carried by a unanimous vote.

5.CONDUCT OF BUSINESS
a. Adopt Resolution Authorizing the Mayor to Execute an Agreement with Richards Watson Gershon to Provide Contract Interim City Attorney Services.

City Manager Grogan introduced the item to the City Council and answered questions.

Consultant with Municipal Resource Group (MRG) Craig Whittom who was hired to assist the City in this process, gave an overview of the item and answered questions.

M/S Salazar/Medina, the motion carried by a unanimous vote.

6.STUDY SESSION
a. Hold Study Session and Receive the City Manager’s Proposed Operation and CIP Budget for Fiscal Year 2022-23.

City Manager Grogan introduced the item to the City Council and answered questions.

Finance Director Sun presented the item to the City Council and answered questions.

City Attorney Zafferano gave a departmental presentation and answered questions.

Finance Director Sun gave a departmental presentation and answered questions.

Community Services Director Mottola gave a departmental presentation and answered questions.

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City Council – Special Meeting Minutes
May 31, 2022

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Community & Economic Development Director Wu gave a departmental presentation and answered questions.

Police Chief Johansen gave a departmental presentation and answered questions.

Fire Chief Delay gave a departmental presentation and answered questions.

Public Works Director Lee gave a departmental presentation and answered questions.

CityNet Services Director Krishnamurthy gave a departmental presentation and answered questions.

At 9:55 p.m. Mayor R. Medina called for a 10-minute recess after this item. b. Receive report on the San Bruno Community Foundation FY2022-23 Budget.

City Manager Grogan introduced Executive Director of the San Bruno Community Foundation Leslie Hatamiya.

Executive Director Hatamiya presented her proposed budget to the City Council and answered questions.

7.ADJOURNMENT
This meeting adjourned at 11:17 p.m. to the next regular City Council meeting which will be held on June 14, 2022 at 7:00 p.m.

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Rico E. Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL
May 24, 2022
7:00 p.m.

1.CALL TO ORDER 7:09 pm

2.ROLL CALL

3.PLEDGE OF ALLEGIANCE

4.PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
No one wished to address the City Council during Public Comment.

5.ANNOUNCEMENTS/PRESENTATIONS
a. The community celebrates on Sunday, June 5, 2022! Start your day with the San Bruno Lions Posy Parade that begins at 11:00 a.m. at San Mateo Avenue/ Kains Avenue followed by Community Day from noon to 5:00 p.m. along San Mateo Avenue. There will be a variety of activities that you won’t want to miss:

Global Cuisine; Stage Entertainment; Art; Kids Zone; Touch a Truck; Artists; and, Community Group Exhibits. We hope to see you there! b. On Saturday, May 28, 2022 beginning at 8:00 a.m. Recology will host the 2022 Compost Giveaway at San Bruno City Park Parking off of Santa Lucia Avenue (also known as the former pool parking lot). This event will be a selfserve event, please bring your own bucket, and limited to 5 gallons per household. For more information contact Recology San Bruno at (650) 5838536. c. Please join the Community and Economic Development Team for the second community meeting on the Housing Element. The virtual meeting will be held on May 26, 2022 at 6:00 p.m., and you can connect by visiting sanbruno.ca.gov/HEworkshop.

The Draft Housing Element is now available for viewing, which can be found at sanbruno.ca.gov/HousingElementUpdate.
d. Thank you to City Attorney Marc Zafferano for serving the San Bruno community from 20112022.
e. Issue Proclamation to Declare May 2022 as Jewish American Heritage Month for the City of San Bruno.
f. Issue Proclamation to Declare June 2022 as Pride Month for the City of San Bruno. g. San Mateo County Anonymous Gun Buyback will be held on June 4, 2022 from 10:00 a.m. to 2:00 p.m. at 1050 Mission Road, South San Francisco. h. The Mayor added, on Memorial Day at 11:00 a.m. at the Golden Gate National Cemetery on Sneath Lane, there will be a live and in person celebration honoring and paying respect to those who have served our country.

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City Council – Regular Meeting Minutes
May 24, 2022

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6.CONSENT CALENDAR
a. Approve the Draft Special Minute Meetings for April 26, 2022 and May 10, 2022 and the Draft Regular Meeting Minutes for the Meeting of May 10, 2022. b. Approve Accounts Payable for May 9, 2022 and May 16, 2022. c. Accept Payroll for May 8, 2022.
d. Receive Written Update on the City’s Response Efforts to COVID19. e. Adopt Resolution Authorizing the City Manager to Authorize an Agreement Amendment with TJKM Transportation Consultants for Traffic Engineering Services on an AsNeeded Basis in an Amount not to Exceed $130,000. f. Adopt Resolution Accepting the Avenues 13 Sewer and Water Main Replacement Project as Complete, Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office, and Authorizing Release of the Construction Contract Retention in the Amount of $301,874.95.
g. Adopt Resolution Approving the “2021 Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County”; and Authorize the City Manager to Execute such Agreement when Final Execution Copies are Prepared and Distributed by the Bay Area Water Supply and Conservation Agency (BAWSCA).
h. Adopt Resolution Approving a Minimum Water Purchase Transfer Between the City of East Palo Alto and the City of Mountain View.
i. Adopt Resolution Authorizing the Display of the LGBTQ Pride Flag on a Designated City Facility Flagpole to Commemorate LGBTQ Pride Month during the month of June 2022.

No items were pulled by the City Council for discussion and a separate vote.

Item 6f – Councilmembers Medina and Hamilton both pulled this item to thank staff and the contractor for their efforts in bringing this large project to completion and also commended them for having done so substantially under budget.

M/S Salazar/Hamilton, to approve the consent calendar, the motion carried by a unanimous vote.

7.CONDUCT OF BUSINESS
a. Waive First Reading and Introduce an Ordinance Amending Chapter 10.16 (Water Conservation) of the San Bruno Municipal Code.

Public Works Director Lee presented the item to the City Council and answered questions.

West Yost Consultant Rhodora Biagtan presented the item and answered questions.

Water Quality Technician Salazar commended the community’s conservation efforts and stressed the City’s commitment to a reliable water supply of good quality.

M/S Hamilton/Medina, the motion carried by a unanimous vote.

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b. Study Session for the Release of the Draft 2023 2031 Housing Element.

Community & Economic Development Director Wu presented the item to the City Council and answered questions.

Senior Planner Smith also presented the item to the City Council and answered questions.

Member of the Public Paul Wapensky spoke about the additional people this plan will bring to San Bruno during a time of water conservation. c. Appointment of Two City Councilmembers to the Fireworks Application Review Subcommittee.

The council discussed and agreed unanimously that staff has been following the requirements outlined in Resolution 2008-67 when accepting and reviewing applications submitted by the community’s non-profit groups operate fireworks stands. It is unnecessary to appoint a subcommittee for further review of the applications, however in the future, any councilmember may request a discussion and the item will be agendized.

8.COMMENTS FROM COUNCIL MEMBERS
Councilmember Medina encouraged people to volunteer at the Second Harvest grocery distribution held at Belle Air Elementary at 350 3rd Avenue from 1:45 – 4:00 p.m. where about 200 families in need benefit. He also congratulated the Capuchino High School softball and baseball teams for a great year.

Councilmember Hamilton announced that the on Saturday, May 28th the American Legion monthly pancake breakfast will be held at 8:00 a.m. at their hall located at 757 San Mateo Avenue. It just returned in April after being postponed since Covid. He also spoke about the senseless and reprehensible school shooting in Uvalde Texas that day and requested that the meeting be closed in memory of the victims.

Vice Mayor Mason asked the Parks & Recreation Department to coordinate with the PTA’s regarding available opportunities for them to operate the snack booth at Lara Field as a fundraiser during baseball season. She also thanked Recology San Bruno for the compost give away event. She commended the San Bruno Education Foundation for their commitment and the hard work they do, they had their annual fundraiser on May 14th and encouraged residents to mark their calendars for next year so they can participate and show their support. She also thanked City Staff for working so thoughtfully to bring diversity to our city events it is very appreciated by our residents. She also echoed Councilmember Hamilton’s comments about the school shooting in Uvalde Texas that day.

Mayor Medina thanked everyone who attended and all the volunteers who made Community Drop Off Day possible. He also congratulated all the graduates and concurred that the meeting will be closed in memory of those that lost their lives in the school shooting and commented on how tragic it is that people go to work and to school as part of a normal daily routine and then don’t come home that day.

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May 24, 2022

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9. ADJOURNMENT –
This meeting adjourned at 8:43 p.m. The City Council reconvened its Closed Session which had been recessed since 5:30 p.m. The Closed Session adjourned at 9:19 p.m.

City Attorney Zafferano reported that the City Council voted unanimously to approve joining litigation already filed by San Mateo County and many other cities in the county against Monsanto over PCB Contamination and the clean up costs.

The next Regular City Council Meeting will be held on June 14, 2022 at 7:00 p.m.

These City Council meeting minutes were prepared by Vicky, Deputy City Clerk, for approval at the regular meeting of February 28, 2023.
________________________________ _______________________________ Vicky S. Hasha Rico E. Medina
Deputy City Clerk Mayor

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO

DATE: February 28, 2023

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 February 17, 2023 is recommended. The Labor Summary report reflecting the total payroll amount of $1,803,603.71 for bi-weekly pay period ending February 12, 2023 by fund is shown below:

Fund Amount

Fund: 001 - GENERAL FUND 1,308,529.07
Fund: 006 - AMERICAN RESCUE PLAN ACT 70,630.70
Fund: 121 - FEDERAL/STATE GRANTS 3,287.52
Fund: 122 - SOLID WASTE/RECYCLE 254.20
Fund: 132 - AGENCY ON AGING 787.46
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 10,124.86
Fund: 201 - PARKS AND FACILITIES CAPITAL 796.85
Fund: 203 - STREET IMPROVE. PROJECTS 12,697.31
Fund: 611 - WATER FUND 96,456.43
Fund: 621 - STORMWATER FUND 30,129.70
Fund: 631 - WASTEWATER FUND 103,638.68
Fund: 641 - CITYNET SERVICES FUND 90,355.06
Fund: 701 - CENTRAL GARAGE 15,847.11
Fund: 702 - FACILITY MAINT.FUND 35,588.63
Fund: 707 - TECHNOLOGY DEVELOPMENT 19,222.26
Fund: 711 – SELF INSURANCE 5,257.87
Total: 1,803,603.71

_________________________________
Bobby Magee, Interim Finance Director Date DocuSign Envelope ID: 303841C0-1373-45A6-8E00-8EF6C7283DAB 2/22/2023

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:February 28, 2023
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 and Adopt Resolution Terminating the Local Emergency Declared by the City in Response to the COVID-19 Pandemic
BACKGROUND: In late 2019, and early 2020, communities around the globe were faced with a pandemic during the outbreak of the then “new” coronavirus, now known and commonly referred to as COVID-19.

At that time, there were no known confirmed cases of COVID-19 within the City of San Bruno. The conditions of disaster and peril to the safety of San Bruno persons constituted a “State of Emergency” as described in San Bruno Municipal Code, Chapter 2.48, dealing with Emergency Preparedness.

In an abundance of caution the San Bruno City Manager, acting as Director of Emergency Services, signed a Proclamation of the Existence of a Local Emergency on March 16, 2020, and activated the City’s Emergency Operations Center (EOC). This action also aligned the City’s efforts with the San Mateo County Health Officer’s issuance of a joint order mandating that all persons Shelter at Home that took effect on March 17, 2020. The order substantially limited many activities of daily life, such as travel, gatherings, and business functions to only the most essential needs.

On March 20, 2020, the San Bruno City Council adopted a resolution ratifying the proclamation of a local emergency and for its continuance until it is terminated by the City Council.

While the San Mateo County Health Officer’s Order was active, City resources and personnel were redeployed to perform essential functions through the EOC; and other staff transitioned to working from home if their jobs were able to be performed remotely. Essential services, such as public safety (police, fire, and medical services), public utilities, emergency repair permits, and other services deemed necessary to protect the health and welfare of the community, continued with no interruption in services.

In June 2020, the San Mateo County Health Officer issued a new order to align the County with the State of California’s Resilience Roadmap, which eventually transitioned to the Blueprint for a Safer Economy. This allowed businesses in San Mateo County to follow the State’s schedule for reopening and modified business operations.

On June 15, 2021, the State of California issued a new public health order to move beyond the

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Honorable Mayor and Members of the City Council
February 28, 2023

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blueprint. Following, the San Bruno community and communities throughout the County, State, and Nation continued to adjust operations to adapt to living with COVID-19 and took precautionary steps to prevent the spread of the disease.

For the past three years, the City of San Bruno has balanced COVID-19 response with ongoing local government operations, scaling emergency response focus to the continuously changing public health needs in the community and/or state/federal mandates.

State of California Governor Gavin Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023.

DISCUSSION: San Mateo County Health provides regular COVID-19 data dashboards through their website, smchealth.org. San Mateo County Health reports that as of Feb. 16, 2023, there are a total of 313 cases within the last 30 days in the City of San Bruno and as of Feb. 15, 2023, approximately >95% of San Bruno residents are vaccinated. They also report that as Feb. 23, 2023, the COVID-19 data dashboards will sunset. While the threat from COVID-19 is not over, as both the virus and the tools to respond to it have evolved over the past three years, San Bruno is now in a significantly better position today due to the San Bruno community’s high vaccination and booster rates and the availability of effective COVID-19 treatments.

Given Governor Newsom will end the COVID-19 State of Emergency, the City Manager, acting as the Director of Emergency Services of the City, is ready to end the City’s emergency declaration to align with the State of California.

At this time, the City of San Bruno does not have any local restrictions active, and there are no other operational impacts will result from the termination of the emergency. Currently masks are not required, however they are encouraged at the San Bruno Senior Center, and other public facilities. City programming has also resumed.

FISCAL IMPACT: There are no new expenditures to report to the City Council.

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.

In total, the City has received Federal Emergency Management Agency (FEMA) reimbursements totaling $127,384 and awaiting the disbursement of an additional obligated $13,884.25.

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.

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February 28, 2023

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RECOMMENDATION: Receive Written Update on the City’s Response Efforts to COVID-19 and Adopt Resolution Terminating the Local Emergency Declared by the City in Response to the COVID-19 Pandemic.

ALTERNATIVES:

1. Keep the emergency declaration open and active.

2. Direct staff to develop criteria to measure when the emergency declaration should be terminated.

ATTACHMENTS:

1. Resolution

2. San Mateo County Health Data Dashboards

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ATTACHMENT 1
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RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO TERMINATING THE LOCAL EMERGENCY DECLARED BY THE CITY IN RESPONSE TO THE COVID-19

PANDEMIC
WHEREAS, on or about March 4, 2020, as part of the State of California's response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and WHEREAS, the City Manager, acting as Director of Emergency Services, signed a Proclamation of the Existence of a Local Emergency on March 16, 2020 in response to the COVID-19 pandemic; and
WHEREAS, on March 20, 2020, the City Council adopted a resolution finding a local emergency, ratifying the City Manager’s declaration of the local emergency and providing for continuation of the local emergency until terminated by the City Council; and WHEREAS, the Governor announced his intention to end California’s COVID-19 state of emergency on February 28, 2023 due to the drastic reduction of COVID-19 hospitalizations and successful public health efforts, including vaccines, boosters, testing, treatments and other disease mitigation measures; and
WHEREAS, the City desires to align the City’s COVID-19 related measures with the state of California’s COVID-19 measures and terminate the local state of emergency upon the termination of California’s state of emergency.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby declares that the COVID-19 local emergency, which was declared on March 16, 2020, shall be terminated as of the date that the Governor terminates the State of California’s COVID-19 emergency. -o0o-
I, Lupita Huerta, 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 at a special meeting on this 28th day of February, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT:Councilmembers:

ATTEST:

Lupita Huerta
City Clerk

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:February 28, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Lupita Huerta, City Clerk
SUBJECT: Adopt Resolution Approving Revisions to the City’s Conflict of Interest Code
BACKGROUND:

The Political Reform Act and Fair Political Practices Commission (FPPC) regulations require all local agencies to conduct biennial reviews of their conflict of interest code. The City Clerk’s Office has conducted the 2022 biennial review. Pursuant to Government Code Section 87200, certain public officials (e.g. Mayor, Councilmembers, City Manager, City Attorney, Planning Commissioners) are statutorily required to a Statement of Economic Interests (Form 700) (collectively “Statutory Filers”). A conflict of interest code sets forth which employees, committee members, and consultants make or participate in making of decisions which may have a foreseeable material effect on a financial interest as well as identifies the appropriate disclosure category for Form 700 that must be filed by such persons. Designated positions must file an assuming office, annual, and leaving office Form 700 per the Political Reform Act. The City Council last updated the City’s conflict of interest code in 2020 with the adoption of Resolution No. 2020-76.

DISCUSSION:

The City’s Conflict of Interest Code is the statutory “Model Conflict of Interest Code” (“Model Code”) which cities adopt as their own local code. The proposed Resolution adopts the most recent Model Code, which contains revisions since the City’s last review including the updated gift limit which is now $590.00. The City’s Conflict of Interest Code also includes two appendices- Appendix A contains the Designated Positions list and Appendix B contains the Disclosure Categories.

Since the 2020 update of the City’s Conflict of Interest Code, there have been personnel changes that require revision of the Designated Positions list. In addition, we have included Statutory Filers in the Designated Positions list but only for reference as those positions are not subject to the local conflict of interest code. The Statutory Filers are referenced as “Category 5” under the disclosure category. Last, Staff included “consultants” on the Designated Positions list. The FPPC requires that consultants that make or participate in making governmental decisions on behalf of the City be included in the City’s local conflict of interest code. Generally, the disclosure category is the broadest category unless it is determined that a particular consultant performs a range of duties that is limited in scope. In those cases, a written determination will be made that includes a description of the consultant’s duties and based upon that description, a statement regarding the extent of that consultant’s disclosure

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Honorable Mayor and Members of the City Council
February 28, 2023

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requirements. The FPPC definition of a consultant is also included as part of the Disclosure Categories appendix.

In terms of the disclosure categories, the substance of the categories has remained essentially the same with some updates to align with the current FPPC Form 700 schedules.

FISCAL IMPACT:

The adoption of the updated conflict of interest code will have no fiscal impact on the City.

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:

It is recommended that that the City Council review and approve the updated conflict of interest code and adopt the Resolution.

ALTERNATIVES:

1. Do not adopt Resolution.

2. Direct staff to make other changes to the local conflict of interest code.

ATTACHMENTS:

1. Resolution

2. Designated Positions List

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RESOLUTION NO. 2023-____

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

ADOPTING AN UPDATED CONFLICT OF INTEREST CODE AND REPEALING

PREVIOUS RESOLUTIONS REGARDING THE SAME
WHEREAS, the Political Reform Act (“PRA”), codified at California Government Code Section 81000 et seq., requires every state and local government agency to adopt and periodically update a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a regulation which contains terms of a model Conflict of Interest Code (“Model Code”) codified at Title 2 California Code of Regulations Section 18730 that can be adopted by cities by reference; and WHEREAS, a designated employee is anyone who is a City of San Bruno (“City”) officer, employee, committee member or consultant who is designated in the Conflict of Interest Code because the position entails the making or participation in the making of decisions which may foreseeably have a material effect on a financial interest; and WHEREAS, the term “designated employee” does not include public officials specified in Government Code Section 87200 (e.g. City Councilmembers, City Manager, City Attorney, City Treasurer), nor does it include a position which is solely clerical, ministerial or manual; and WHEREAS, the City Council has determined that the terms of the Model Code set forth in the attached Exhibit A, along with Appendix A which sets forth the designated positions and Appendix B which sets forth the disclosure categories for each City department, shall constitute the Conflict of Interest Code for the City of San Bruno; and WHEREAS, the City Council has previously adopted a Conflict of Interest Code with designated positions and disclosure categories, which now needs to be repealed; and WHEREAS, an updated Conflict of Interest Code needs to be adopted to reflect changes to the Model Code and modifications to designated positions, setting forth those positions which should be designated and categories of financial interest which should be made reportable as well as the disclosure categories;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BRUNO DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:

Section 1. The Model Code adopted by the FPPC attached hereto as Exhibit A, as amended by the FPPC from time to time, and Appendix A, which sets forth the designated positions, and Appendix B, which sets forth the disclosure categories for each City department, are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City of San Bruno.

Section 2. Persons holding designated positions listed in Appendix A shall file a Statement of Economic Interest (“Form 700”) pursuant to the PRA and the City’s Conflict of Interest Code with the information required for the disclosure category assigned to them.

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Section 3. If any of the positions listed in Appendix A have a change of title, or if a position is transferred from one City department to another, the filing requirement and disclosure category shall remain the same until the next update of the City’s Conflict of Interest Code.

Section 4. Persons elected, appointed, or hired for a newly created position not yet designated under the City’s Conflict of Interest Code, and who participate in making government decisions, must file a Form 700 pursuant to Section 5 of the Conflict of Interest Code. The disclosure category for such positions shall be the City’s broadest disclosure category until the City's Conflict of Interest Code is amended to include the new position.

Section 5. The City Council hereby directs the City Clerk to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1 st of the same year, stating that amendments to the Code are not required.

Section 6. Previous Resolutions adopted by the City Council that adopted a Conflict of Interest Code or amended the designated position list or amended the disclosure categories, including Resolution No. 1994-46 and Resolution No. 2020-76, are hereby repealed in their entirety.
---oOo---
I hereby certify that foregoing Resolution No. 2023-
was adopted by the San Bruno City Council at a regular meeting on February 28, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:
_________________________________
Lupita Huerta
City Clerk

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EXHIBIT A

CITY OF SAN BRUNO CONFLICT OF INTEREST CODE
(Incorporating Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.)
§ 18730. Provisions of Conflict-of-Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;

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(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code.

Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.

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(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

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3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source,

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if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $590. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $590 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or

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local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

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1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made;

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(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.

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____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

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APPENDIX A

TO CITY OF SAN BRUNO CONFLICT OF INTEREST CODE
(DESIGNATED POSITIONS)

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APPENDIX B

TO CITY OF SAN BRUNO CONFLICT OF INTEREST CODE
(DISCLOSURE CATEGORIES)

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DESIGNATED POSITION LIST

DEPARTMENT/COMMISSION POSITION DISCLOSURE

CATEGORY
CityNet Services Director 1
Business Manager 1
Programming Technology Manager 2
System Engineer 1
Information Technology Manager 3, 4
Information Technology Analyst I/II 3, 4
Systems Administrator 3, 4
City Clerk City Clerk 1
Deputy City Clerk 3
City Manager City Manager 1 5
Assistant City Manager 1
Executive Assistant to the City Manager 4
Management Analyst 4
City Attorney City Attorney 1 5
Management Analyst 4
Community & Economic
Development
Director 1
Senior Planner 1
Associate Planner 2, 4
Assistant Planner 2, 4
Planning & Housing Manager 1
Chief Building Official 1
Building Inspector I/II 2, 4
Community Development Technician I/II 2
Management Analyst 2, 3, 4
Finance Director 1
Budget Officer 3
Procurement Officer 3
Financial Services Manager 3, 4
Accounting Manager 3, 4
Financial Services Supervisor 4
Accountant 4
Fire Chief 1
Battalion Chief 1
Fire Marshal 1
Human Resources Director 1
Human Resources Manager 1
Management Analyst 4
Community Services Director 1
Deputy Director 1
Community Services Superintendent 2, 3, 4

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ATTACHMENT 2
Maintenance Services Manager 2, 3
Parks & FacilitiesServices Manager 2, 3, 4
Recreation Services Manager 3, 4
Recreation Services Supervisor 3, 4
Recreation Services Coordinator 3, 4
Library Services Manager 3, 4
Field Supervisor 4

DESIGNATED POSITION LIST

DEPARTMENT/COMMISSION POSITION DISCLOSURE

CATEGORY
Police Chief 1
Captain 1
Lieutenant 4
Sergeant - Administrative 4
Communications & Records Supervisor 4
Management Analyst 4
Code Enforcement Officer 2, 4
Senior Code Enforcement Officer 2, 4
Public Works Director 1
Deputy Director Public Works - Admin & Engineering 1
Deputy Director Public Works - Utilities & Operations 1 Principal Civil Engineer 1
Senior Civil Engineer 2, 4
Associate Civil Engineer 2, 4
Assistant Engineer 2, 4
Maintenance Services Manager 2, 3, 4
Field Supervisor 2, 3, 4
Management Analyst 2, 3, 4
Engineering Technician/Public Works Inspector 2, 4
Water System and Conservation Manager 2, 3, 4
City Council Mayor & Councilmembers 1 5
Planning Commission Planning Commission Members 1 5
Consultants Consultants **
DISCLOSURE CATEGORIES:

Category 1
•Similar to Government Code Section 87200 code filers (Elected Officials, City Manager, City Attorney, etc.), persons in this category shall disclose requires disclosure of all sources of income, loans and business positions; investments,; gifts and travel payments, advances and reimbursements; and interests in real property in San Bruno. , and any business entity in which the employee holds a position. •This is the broadest category – all department directors are in this category. (FPPC Form 700, Schedules A-1, A-2, B, C, D and E).

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ATTACHMENT 2
Category 2
•Persons in this category shall disclose Requires diclosure of all investments, sources of income, loans, investments, and business positions in companies that engage in land development,. construction activities or acquisition or sale of real property. •This category typically applies to planning and public works personnel. (See, FPPC Form 700, Schedules A-1, A-2, and C).

Category 3
•Persons in this category shall disclose Requires disclosure of all investments, sources of income, loans, investments, and business positions in companies of the type that contract with the City to provide goods, services, supplies, etc. •This category typically applies to positions handling contracts affecting all city departments.
(See, FPPC Form 700, Schedules A-1, A-2, and C).

Category 4
•Persons in this category shall disclose Requires disclosure of all investments, sources of income, loans, investments, and business positions in companies of the type that typically contract with the employee’s department.
•This category typically applies to supervisors and managers making contract recommendations and decisions for a particular department. (See, FPPC Form 700, Schedules A-1, A-2, and C).

Category 5
•Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200.

No additional disclosure is required by this Conflict of Interest Code. ** Consultants
For consultants* who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this Conflict of Interest Code for that staff position.

For consultants who do not serve in a staff capacity for the City, the following disclosure categories shall be used: Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B.)
B. Reportable income, loans and business positions. (FPPC Form 700, Schedule C.) C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.)

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ATTACHMENT 2
D. Reportable gifts and travel payments, advances and reimbursements. (FPPC Form 700, Schedules D and E).

CONSULTANT DESCRIPTION
Fair Political Practices Commission Regulation 18700.3 defines “consultant” as an individual who, pursuant to a contract with a state or local government agency:
(1) Makes a governmental decision whether to:
(A) Approve a rate, rule, or regulation;
(B) Adopt or enforce a law;
(C) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (D) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
(E) Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract; (F) Grant agency approval to a plan, design, report, study, or similar item; (G) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(2) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in Regulation 18704(a) and (b) or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Section 87302.

The City Manager may determine in writing that a particular consultant, although a “designated position” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultants duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:February 28, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Matthew Lee P.E., Public Works Director
SUBJECT: Receive Written Update on the City’s Response Efforts to the Late 2022/Early 2023 Winter Storms
BACKGROUND: This report is to provide an update on the City’s response efforts to the Late 2022/Early 2023 winter storms. The information provided in this report is as of the time it was produced and may be subject to change.

In late December 2022 and early January 2023, California began experiencing severe winter storms related to a series of atmospheric river systems causing record rainfall. This event brought high winds, substantial precipitation, flooding, and other safety hazards across San Mateo County and neighboring regions.

Typically, before each rainy season and significant weather event, City staff undertake various storm preparation activities. This includes trash/debris removal, inspection/cleaning of catch basin grates and storm drain trash capture devices, resupply of the City’s free sandbag station and other preparatory tasks.

In response to this storm event, the City activated the Emergency Operations Center (EOC) on Monday, January 3, 2023, to redeploy City resources and personnel to perform essential functions and ensure public safety by working to protect infrastructure. In the event that evacuations were needed, the City designated the San Bruno Senior Center as a temporary evacuation point (TEP) and stood ready to open the TEP at a moment’s notice.

The City of San Bruno also partnered with the Jericho Project to ensure an adequate supply of sandbags were available to residents in need during the storms. Personnel from Jericho Project were deployed in the middle of the storm to fill sandbags and transition the City’s self-serve sandbag station into a drive-through operation, while other cities were experiencing sandbag shortages.

As the rain subsided, the City deactivated the EOC on Thursday, January 12, 2023, with the EOC ready to be reactivated, as needed. The City remains under a Local State of Emergency.

The City also continues to identify and assess both short-term and long-term repairs to storm- related damage.

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1 DISCUSSION: While the major rain has stopped and the flooding has subsided, the city continues to proactively respond to infrastructure damage and implement repairs as quickly as is feasible. The total cost for all infrastructure repairs is currently estimated at $1.2 million as of February 16, 2023. As of February 10, 2023, the city’s finance department has storm related expenditures (i.e., staff time and other storm expenses) to be approximately $440,200.

Over 60 percent of the estimated total expenditure amount is related to repairs to failures of the City’s storm water system. This is primarily related to repair of a sinkhole and failure of a 54-inch stormwater drainpipe at the north west corner of Skyline Boulevard and Sneath Lane. The failed pipeline is located mostly within a city easement located on property owned by Caltrans and currently utilized as an off-site parking lot for Church of the Highlands. Repair costs are being funded by the City’s General Fund Emergency Reserves at the cost of $600,000. The pre-storm balance was approximately $2.8 million. Funding for stormwater operations and capital improvement projects is constrained and inadequate as the only dedicated funding is a stormwater assessment collected on the property tax bills, which generates total revenue of approximately $600,000 annually. Recent effort to increase annual stormwater fees failed at the ballot to gain majority approval from property owners for dedicated funding to repair and rehabilitate the City’s stormwater system. The City will attempt to seek reimbursement from Federal/State disaster funds and insurance, however, if these efforts are unsuccessful, the full cost of these repairs must be borne by the City.

Replacement of the 54-inch storm drainpipe failure began on February 3, 2023. Work initially consisted of equipment mobilization along with clearing and grubbing to locate the collapsed sections that had been identified by an earlier closed-circuit television (CCTV) crawler inspection camera. As of February 15, 2023 approximately 100 linear feet of 54-inch corrugated metal pipe has been replaced with 60-inch high density polyethylene pipe and backfilled with controlled density fill. Trench height varies between 12 feet to 14 feet within the parking lot. The pictures (from left to right) below show work in progress along with representative pictures of corrosion of the 54-inch pipe and the new 60-inch replacement pipe (Figure 1).

Figure 1 - Work Progress, Corroded Pipe, and New Pipe Photos Based on further assessment of the condition of the failed pipe after dewatering in preparation of the repair, it was determined that an additional 120 feet of 54-inch corrugated metal pipeline

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1 has fully corroded and is in need of immediate emergency repairs. The repairs consist of the replacement of the 120 linear feet with 60-inch high density polyethylene pipe and backfilled with controlled density fill. The City determined that these repairs required authorization and funding appropriation by the City Council as these repairs did not fall under the scope of the current Local State of Emergency. On February 17, 2023, the City Council adopted a resolution authorizing the contract and appropriating $250,000 in funding from the General Fund Capital Reserve Fund.

FISCAL IMPACT: Since the winter storms began in late 2022, the estimated public infrastructure damage costs are approximately $1,200,000. As of February 10, 2023, expenditures (i.e., staff time and other storm expenses) are totaled at approximately $440,200.

The City will attempt to seek reimbursement from Federal/State disaster funds and insurance, however, if these efforts are unsuccessful, these efforts will be funded by the General Fund Emergency Reserves.

ENVIRONMENTAL IMPACT: There is no environmental impact. The informational update 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 the late 2022/early 2023 winter storms.

ALTERNATIVES: The City remains under a Local State of Emergency and the EOC remains deactivated but is ready to be reactivated as needed. There are no alternatives to the current recommended actions proposed at this time.

ATTACHMENTS: N/A

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:February 28, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Peter Gilli, Community and Economic Development Director SUBJECT: Consider Adoption of an Ordinance of the City of San Bruno Amending Title 3 (Revenue and Finance) of the Municipal Code to Increase the Tax Imposed on Cannabis Businesses
BACKGROUND:

On February 14, 2023 following a duly noticed Public Hearing, the City Council introduced an ordinance to amend Title 3 (Revenue and Finance) to raise the cannabis business tax by 1% from 5% to 6%.

DISCUSSION:

Pursuant to Government Code Section 54954.6, the City Council considered the proposed tax increase at a public meeting and at a subsequent public hearing following published notice provided for three weeks pursuant to Government Code Section 6063. The notice was published on December 9, 2022, December 16, 2022, and on December 23, 2022. At the regular City Council meeting on January 24, 2022, this item was reviewed as part of the consent calendar, with no modifications requested to the draft ordinance that was provided for review.

The City Council held a public hearing on the ordinance at its meeting on February 14, 2023.

Notice of proposed adoption of the ordinance was published on February 23, 2023.

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

FISCAL IMPACT:

There is no immediate fiscal impact from the adoption of the ordinance. However, should cannabis businesses be permitted to operate within the City, future tax revenue to the City from those cannabis businesses will increase by 1%.

ENVIRONMENTAL IMPACT:

The adoption of the ordinance is not considered a “Project” per CEQA Guidelines. As defined in CEQA Guidelines Section 15378 (b)(4), “Project” does not include “the creation of governmental funding mechanisms or other governmental fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” Therefore no further environmental analysis is required.

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2 RECOMMENDATION:

Consider adoption of an Ordinance of the City of San Bruno Amending Title 3 (Revenue and Finance) of the Municipal Code to Increase the Tax Imposed on Cannabis Businesses ALTERNATIVES:

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

ATTACHMENTS:

1. Ordinance

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1 3
8 0
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING TITLE 3 (REVENUE AND

FINANCE) OF THE MUNICIPAL CODE TO INCREASE THE TAX IMPOSED ON CANNABIS

BUSINESSES
WHEREAS, a “Notice of Public Meeting and Public Hearing in Connection with the Proposed Adoption of an Ordinance to Increase the Tax Imposed on Cannabis Businesses” was duly published for consideration of the ordinance amendment at the City of San Bruno City Council meeting of January 24, 2023, and at the meeting on February 14, 2023, on which date the Public Hearing was opened, held and closed.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BRUNO ORDAINS AS FOLLOWS:

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

3.18.010 Imposition of tax.

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

B. Beginning January 1, 2023, the tax rate for cannabis businesses shall be set at five six percent of gross receipts of the cannabis business, unless further amended by the City Council. The City Council may, by further action, increase or lower the tax rate but in no event shall the tax rate be higher than ten percent of gross receipts.

Section 2. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of San Bruno hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 3. This Ordinance shall take effect and be in force 30 days after its adoption.

Section 4. The City Clerk shall publish this Ordinance according to law. _________________________
Rico E. Medina, Mayor

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ATTEST:
________________________
Lupita Huerta, City Clerk

APPROVED AS TO FORM
_________________________
Trisha Ortiz, City Attorney
---o0o---
I hereby certify that the foregoing Ordinance No.
________ was introduced on February 14, 2023,
and adopted at a regular meeting of the San Bruno
City Council on February 28, 2023, by the following
vote:

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

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:February 28, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Matthew Lee, Public Works Director
SUBJECT: Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending Title 8 (Streets, Sidewalks, and Rights-Of-Way) to Add Regulations Relating to Parklets; Adopt a Resolution Adopting the San Mateo Avenue Parklet Program Regulations; Hold Public Hearing to Adopt a Resolution Adding Fees Related to Parklets to the Master Fee Schedule; and Find Such Project Exempt From the California Environmental Quality Act
BACKGROUND: On March 20, 2020, in response to the COVID-19 pandemic, the City Council approved a proclamation acknowledging the existence of a local emergency and authorized the City Manager as the Director of Emergency Services to undertake emergency measures on behalf of the City. The Proclamation conferred on the Director of Emergency Services certain rights, duties, and obligations to issue any order or regulation necessary to enforce Federal, State, County, and/or local requirements, orders, and/or regulations, including any orders and regulations necessary to provide for the protection of life and property. There were significant concerns about restaurants going out of business when their indoor dining was limited. On June 5, 2020, the City Manager, acting as the Director of Emergency Services, issued Executive Order No. 20-01 allowing temporary outdoor operations on public and private property. On August 28, 2020, the City Manager issued Executive Order No. 20-02 outlining a revised program for temporary outdoor business regulations in San Bruno for those for businesses that were not allowed to operate indoor dining or have restrictions on indoor capacity/operations during the pandemic.

The outdoor business program, as it applies to restaurants, has been well received by the community, including by both residents and businesses, and has added vibrancy to the City’s downtown area. Given the success of this program, staff has initiated the process to transition the temporary outdoor business registration process from an emergency response into a longer- term outdoor dining program beyond the pandemic. This also aligns to feedback that was received during community workshops related to the Downtown Streetscape Plan. Parklets and outdoor dining were rated as highly desirable additions to the downtown area.

A” parklet” is a temporary sidewalk extension installed on public parking space(s) within the public right–of-way, that provides more space and amenities for outdoor dining operated and maintained by the business establishment conducting the outdoor dining. The amenities may include tables, chairs, umbrellas, and other items for the consumption of food and beverages served by the restaurant or food or beverage service use. Parklets are typically installed within the parking lane in commercial districts. The Public Works Department initiated development of

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3 these regulations and collaborated with representatives from the Planning Division, Building Division, Fire and Police Departments to draft parklet regulations. It is in the public interest for the City to establish reasonable, uniform and comprehensive regulations of parklets that could be established within the City’s public rights-of-way on San Mateo Avenue in the downtown through the establishment of parklet regulations and an associated parklet permit program.

On September 14, 2021, and January 24, 2023, the City Council conducted study sessions regarding the parklet program. The City Council reviewed the draft regulations, permit processes, and fees. The Council provided feedback on topics including the parklet design elements and criteria, fees, and the program approval process. Specifically, the City Council requested that the Parklet Permit application fees be set at a level below that for full cost recovery. This would provide an economic incentive to restaurant or food beverage service uses to establish parklets to add vitality in the downtown. Based on City Council feedback, the regulations and proposed permit fees were revised and are presented now for consideration for action.

DISCUSSION: Businesses in San Bruno are currently allowed to continue expanded outdoor business operations based on the City’s Executive Orders until the City’s State of Emergency ends. Governor Gavin Newsom announced in October 2022 that the COVID-19 State of Emergency will end on February 28, 2023. Staff will present a City Council action item for the rescinding of the Local State of Emergency in line with Governor’s statewide action to rescind state’s State of Emergency. Without new regulations and permit processes in place, outdoor dining established under these temporary provisions during the pandemic would need to be discontinued when the State of Emergency ends.

Outdoor dining has been successful in assisting restaurants in their commercial viability and providing a pedestrian friendly environment in commercial areas. However, at this time, there are no parklets in City streets. Therefore, staff recommends adopting new regulations for outdoor dining in both City Streets and on private property. The proposed regulations will provide the City with appropriate standards and permit processes to allow businesses an opportunity to offer outdoor dining beyond the pandemic.

Outdoor Dining Regulations Purpose and Guiding Policy Objectives The City Council may consider a number of guiding policy objectives when deciding how to regulate parklets through regulations and associated permit processes. The proposed regulations have been developed to accomplish the following general purposes and guiding policy objectives:

•Allow restaurants the opportunity to offer outdoor dining beyond the pandemic for economic and community vitality.
•Adopt new City regulations with design and operational standards to provide appropriate regulatory oversight of private outdoor dining facilities in City streets in the downtown. •Establish efficient and streamlined regulatory permit requirements and processes based on location.
•Contribute to an active, pedestrian friendly street experience in the downtown. •Balance the needs of all users of the street and other curbside functions on San Mateo Avenue.

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3 •Limit impacts on parking in City streets and on private property. •Ensure aesthetically pleasing design for parklets that are compatible with the City’s long- range plans including the Transit Corridors Specific Plan and Downtown Streetscape Plan.
•Provide separation between pedestrians and outdoor diners and ensure adequate ADA access in and around outdoor dining and parklets.
•Provide for protection of parklet users from adjacent vehicular traffic by requiring the installation of K-rail type traffic safety barriers.
•Set appropriate fees.

Parklet Regulations and Permit Program
The proposed parklet regulations and parklet permit program will provide businesses an opportunity to provide outdoor dining in the public right-of-way beyond the pandemic through the review and issuance of permits as provided for in Title 8 (Streets, Sidewalks, and Rights-of- Way) of the Municipal Code. The ordinance amending Title 8 (Streets, Sidewalks, and Rights- of-Way) to add regulations relating to parklets would add parklets as a permitted encroachment in the City’s rights-of-way in municipal code section 8.04.040, add a definition of parklets in a new section 8.040.056, and add a new Chapter 8.40 (Parklets in the Public Rights-of-way). The ordinance is provided as Attachment 1.

The parklet standards, which are proposed to be adopted by resolution, would regulate parklet installations. Parklets would only be permitted to be located along the curbside on San Mateo Avenue within the downtown (Central Business District) where on-street parallel parking spaces exist. The Parklet Standards provide location and setback criteria, parklet design elements, and permit requirements. Parklet Standards are provided in a resolution as Attachment 2.

Location and setback criteria consider placement of parklets and consider potential conflicts with utilities and fire hydrant and connection access. The parklet design elements cover key elements such as the platform, railing or enclosures, traffic safety protections and furnishings and fixtures. Lastly, the permit requirements section discusses permit submittal requirements, maintenance, emergency access, and parklet removal.

All parklets would require a Parklet Permit. As a condition of approval of an approved Parklet Permit, an Encroachment Permit would be issued by the Public Works Department for the construction of the parklet and a Revocable Encroachment Permit to allow for the parklet to remain in the public right-of-way. Depending on the construction design proposed, a Building Permit may also need to be issued, subject to the requirements of the California Building Code and Fire Code.

Permit applications and all required materials and fees, including plans must be submitted to the City’s Engineering Section within the Public Works Department and approved by the Public Works Director or designee prior to any permits being issued.

The Revocable Encroachment Permit will be required to be entered into by the applicant/owner and recorded against the adjacent property in which the parklet is located prior to issuance of the Encroachment and Building Permits to construct the parklet. All general and special conditions of the Encroachment Permit to construct within the public right-of-way will be applicable. Parklet permits would be approved subject to the discretion of the Public Works

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3 Director or designee. There may be instances where for the greater public good, a Parklet Permit needs to be revoked either temporarily or permanently. Measures will be taken to avoid this to the extent possible but may be necessary to protect the public health and welfare or essential for utility or roadway maintenance or repair.

Parklet Permit Fees
City Manager’s Executive Order No. 20-02 has allowed permit fees to be waived for businesses to operate outdoors, occupying sidewalks, public and private parking lots, and street parking spaces. Moving forward, staff recommends new fees for the Parklet Permit be established. Staff completed a fee study with cost estimates for all City staff time required to review and process the approval of parklets, which is included with the resolution to adopt the fees presented in Attachment 3. The fee study was prepared consistent with City Council policy to maximize cost recovery for development related services, using this methodology, the fee study arrived at a Parklet Permit Fee of $1,886. The City Council provided feedback at the study session on January 24, 2023, to set this fee at an amount below cost recovery, as an economic incentive to restaurant or food or beverage service uses to establish parklets in the downtown. The parklet permit application fee, therefore, is proposed to be $0. Staff proposes that the General Fund cover the costs associated with the reduced/eliminated permit application fees. Doing so will allow for consistent permit costs tracking and provide funding for staff positions that are budgeted to be funded by permits and user fees.

Fees for the Encroachment Permit and Revocable Encroachment Permit will be according to the master fee schedule in effect at the time of permit issuance. The City currently has established fees in the current FY 2022-23 Master Fee Schedule for an Encroachment Permit of $350 and a Revocable Encroachment Permit of $615.

Staff recommends a parklet permit annual use of space fee be established. This is an annual rental fee charged for the temporary private use of the City public parking space, as well as to cover the cost of annual City inspections. These annual inspections are important to evaluate continued compliance with the approved permit and City regulations. The fee would offset lost parking meter revenue when they are installed in the future. The fee was thus determining using future parking meter net revenue estimates as presented to the City Council at a meeting on November 8, 2022. This annual fee is similar to the approach by other cities. Based on the fee study prepared by staff, the proposed fee is $2,185. Maintenance and cleaning would be the responsibility of the parklet sponsor. Staff prepared the costs for processing a parklet application by the Public Works Department and the annual use fee in Table 1.

Table 1: Proposed San Bruno Parklet Fees
Parklet Permit Fee $0
Encroachment Permit $350
Revocable Encroachment Permit $615
Annual Use of Space Fee Year 1 $2,185
Annual Use of Space Fee Year 2 $2,185
Total Fees for Permit + 2 years Use $5,335
Staff researched the fees and processes required by nearby jurisdictions. Staff compiled data from the following cities: Burlingame, San Mateo, San Carlos, Redwood City, and Mountain View. Total fees for the permits and the two years of use ranges from a low of $3,527 to a high

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3 of $9,431, with an average of $6,468. Fees reflect the initial permitting and first year of parklet use, which includes required application fees, encroachment permit fees, miscellaneous permit fees, and an annual use of space fee. Note that there is a range of fee totals as some cities offered reduced or waived permit fees during the pandemic. San Bruno’s estimated fees would be $5,335, which is below the average of the surveyed cities. This estimated cost does not include any required building permit fees, which are calculated based on the project valuation.

There may also be costs associated with insurance requirements and a security deposit which are standard requirements for encroachment permits. Additionally, a long-term security deposit will be collected to offset the cost of removing the parklet should it become abandoned. The long-term security deposit would be returned upon permanent removal of the parklet.

NEXT STEPS: If the City Council approves the introduction, reading by title only, and waiving further reading of the ordinance, the adoption of the ordinance would be scheduled as a consent calendar item at the next regular City Council meeting If adopted, the ordinance would go into effect 30 days after adoption. If the City Council approves the resolution to establish new fees, the parklet permit fee will take effect 60 days after adoption and the annual use of space fee and permit appeal fee will take effect upon the effective date of the ordinance. If the City Council approves the resolution adopting the San Mateo Avenue Parklet Program Regulations, that would be effective upon the effective date of the ordinance.

FISCAL IMPACT: There is no fiscal impact from the introduction of the ordinance. If the ordinance and resolutions are adopted, new fees would be adopted consistent with City Council policy to maximize cost recovery for development related services with the exception of the parklet permit application fee which is recommended to be $0. Based on City Council feedback, staff recommends to set this at $0 as an economic incentive to restaurant or food beverage service uses to establish parklets in the downtown. As noted above, staff proposes that the General Fund cover the costs associated with the reduced/eliminated permit application fees, estimated at $9,430 if all 5 parklets are implemented. Doing so will allow for consistent permit costs tracking and provide funding for staff positions that are budgeted to be funded by permits and user fees.

ENVIRONMENTAL IMPACT: This project is categorically exempt from the California Environmental Quality Act. Upon review of the California Environmental Quality Act and CEQ A Guidelines, staff finds and recommends that the Council find the project exempt for the following reasons: 1) This project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) because there is not a possibility that the ordinance may have a significant effect on the environment. 2) This project is categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities) given that it would result in only minor alterations of existing public or private facilities (e.g., alterations to streets, sidewalks, and parking facilities) and negligible expansion of existing uses (parklets expand on outdoor dining activities already allowed in the City). 3) This project is categorically exempt under CEQA Guidelines Section 15311 (Accessory Structures) given that it would only allow for the construction or placement of minor structures accessory to existing commercial facilities (parklets would only be allowed in association with a “bona fide public eating place”). Further, none of the exceptions set forth in Sec. 15300.2 apply (i.e., not in a particularly sensitive environment, the cumulative impact of the project is not significant, there is no reasonable possibility that the project will have a significant impact due to usual circumstances, impact

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3 scenic highways, the project would not impact a hazardous waste site, does not result in a substantial adverse change in the significance of a historic resource).

RECOMMENDATION: Introduce, read by title only, and waive further reading of an ordinance amending Title 8 (Streets, Sidewalks, and Rights-of-Way) to add regulations relating to parklets; adopt a resolution adopting the San Mateo Avenue parklet program regulations; hold public hearing to adopt a resolution adding fees related to parklets to the master fee schedule; and find such project exempt from the California Environmental Quality Act.

ALTERNATIVES: None
ATTACHMENTS:

1. Ordinance

2. Resolution Adopting Parklet Program Regulations

3. Resolution Adopting Parklet Fees

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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING TITLE 8 (STREETS,

SIDEWALKS, AND RIGHTS-OF-WAY) TO ADD REGULATIONS RELATING TO PARKLETS

IN THE CITY, AND MAKING A FINDING OF EXEMPTION UNDER CEQA WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on June 5, 2020, the City Manager, acting as the Director of Emergency Services, issued Executive Order No. 20-01 allowing temporary outdoor dining on public and private property. On August 28, 2020, the City Manager issued Executive Order No. 20-02 outlining a revised program for temporary outdoor business regulations in San Bruno for those for businesses that were not allowed to operate indoor dining or have restrictions on indoor capacity operations during the pandemic; and
WHEREAS, the City seeks to transition the temporary outdoor business regulations from an emergency response into a longer term outdoor dining parklet program beyond the pandemic. The purpose of this is to allow restaurants or food or beverage service uses the opportunity to offer outdoor dining in parklets for economic and community vitality. Parklets contribute to an active, pedestrian friendly street experience in the downtown; and WHEREAS, the City Council considered options for allowing parklets in the City at a Study Session held on September 14, 2021 and January 24, 2023. At the conclusion of the Study Sessions, Council directed staff to proceed with preparation of municipal code amendments and related to parklet regulations and an associated parklet permit program to provide businesses an opportunity to provide outdoor dining in the public right-of-way; and WHEREAS, it is in the public interest for the City to establish reasonable, uniform and comprehensive regulations of parklets that could be established within the City’s public rights-of- way on San Mateo Avenue in the downtown through the establishment of parklet regulations and an associated parklet permit program; and
WHEREAS, Title 8 of the City’s Municipal Code governs the permitting, installation, and regulation of obstructions within the City’s public rights-of-way; and WHEREAS, the City’s public rights-of-way are a uniquely valuable public resource, closely linked with the City’s character, making the regulation of parklets in the public rights-of- way necessary to protect public health, safety, and general welfare, and preserve the City's character and aesthetic quality; and
WHEREAS, on February 28, 2023, the City Council conducted a duly noticed public meeting and received testimony from City staff and all interested parties regarding the amendments to Title 8 (Streets, Sidewalks, and Rights-of-Way) to introduce the ordinance adding regulations relating to parklets in the City’s public rights-of-way.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BRUNO ORDAINS AS FOLLOWS:

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Section 1. The City Council of the City of San Bruno, based on the facts in the staff report, written and oral testimony, and exhibits presented, makes the following findings of facts in support of the proposed Municipal Code amendments regarding establishment of parklet regulations and an associated Parklet Permit program:

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

2. This ordinance has been reviewed according to the standards and requirements of the California Environmental Quality Act (CEQA) and the San Bruno environmental review procedures and is Categorically Exempt.

3. The proposed ordinance to establish provisions for parklets in the City right-of-way will not be detrimental to the public health, safety, and general welfare of the Citizens of San Bruno.

Section 2. Section 8.04.040 (Encroachment) of San Bruno Municipal Code Chapter

8.04 (Definitions) is hereby amended to read as follows, with additions shown in underlined text and deletions shown in strikethrough:

8.04.040 Encroachment. “Encroachment” shall mean:

A. The construction, reconstruction, repair, replacement, restoration or improvement of any street, or sidewalk, or of poles, overhead wires, and associated overhead structures thereon.

B. The installation of any sign which will extend over any sidewalk.

C. The temporary deposit of building materials within a public right-of-way in connection with a construction or development project.

D. The painting of any street address number on any portion of a street right-of-way.

E. Providing, operating, or maintaining outdoor dining on a temporary basis within the public right-of-way entirely within a Parklet.

Section 3. A new Section 8.04.065 (Parklet) is hereby added to Chapter 8.04 (Definitions) of the San Bruno Municipal Code to read as follows:

8.04.065 Parklet. “Parklet” shall mean a temporary sidewalk extension installed on public parking space(s) within the public right–of-way, that provides more space and amenities for outdoor dining operated and maintained by the business establishment conducting the outdoor dining. The amenities may include tables, chairs, umbrellas, and other items for the consumption of food and beverages served by the restaurant or food or beverage service use.

Section 4. A new Chapter 8.40 (Parklets in the Public Right-of-Way) is hereby added to Title 8 (Streets, Sidewalks, and Rights-of-Way) of the San Bruno Municipal Code to read as follows:

8.40 PARKLETS IN THE PUBLIC RIGHTS-OF-WAY

8.40.010 Purpose and intent.

The purpose and intent of this chapter is to reasonably regulate and provide a uniform and comprehensive set of standards and requirements for the orderly development, siting,

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installation, construction, operation, maintenance, and removal of parklets in the public rights-of-way. This chapter seeks to protect public health, safety, and general welfare, and preserve the city's character and aesthetic quality.

8.40.020 Definitions.

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

A. “City” means the city of San Bruno.

B. “City manager” means the city manager of the city, or the city manager’s authorized representative.

C. “Department” means the department of public works of the city or its duly appointed successor agency.

D. “Parklet” means a temporary sidewalk extension installed on public parking space(s) within the public right–of-way, that provides more space and amenities for outdoor dining operated and maintained by the business establishment conducting the outdoor dining. The amenities may include tables, chairs, umbrellas, and other items for the consumption of food and beverages served by the restaurant or food or beverage service use.

E. “Parklet Program” means the uniform and comprehensive set of standards and requirements for the orderly development, siting, installation, construction, operation, maintenance, relocation, and removal of parklets, as adopted by resolution of the city council.

8.40.030 Administration.

A. Director of public works. The director of public works is responsible for administering this chapter and establishing rules and regulations, in addition to any City Council adopted rules or regulations, for this purpose. All such rules and regulations must be in written form and posted on the city’s website or otherwise made publicly available to prospective applicants.

As part of the administration of this chapter, the director of public works may:

1. Interpret the provisions of this chapter;

2. Establish reasonable rules and regulations, which may include, without limitation, regular hours for appointments with applicants, as the director of public works deems necessary or appropriate to organize, document and manage the application intake process;

3. Develop and implement standards and procedures governing the placement and modification of parklets consistent with the requirements of this chapter;

4. Develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the director of public works finds necessary, appropriate or useful for processing any application governed under this chapter;

5. Determine the amount of and collect, as a condition of the completeness of any application, any fee established for permits governed under this chapter established in the master fee schedule;

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6. Establish deadlines for submission of information related to an application;

7. Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;

8. Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and

9. Take such other steps as may be required to timely act upon applications for placement of parklets, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

8.40.040 Applicability.

This chapter applies to all applications to construct, install, operate, modify, reconstruct, remove, or otherwise provide for parklets within the public right-of-way on San Mateo Avenue between El Camino Real and Huntington Avenue, except as provided otherwise in this chapter below.

8.40.050 Parklet permit requirements
A. Parklet permit required. Any applicant seeking to construct, install, modify, maintain, or engage in an activity relating to a parklet in, on, under, or above the public right-of-way that is subject to this chapter, shall obtain a parklet permit pursuant to the requirements of this chapter prior to conducting any work related to such parklet. Minor maintenance within the limits of a constructed parklet by the owner or operator for the cleanly day-to-day operation of the parklet will not require an encroachment permit.

B. Permit application form. The applicant shall submit a complete, duly executed parklet permit application in a form approved by the director of public works, which may be updated from time to time. The application will not be considered duly filed or complete unless submitted in accordance with the requirements of this chapter and the Parklet Program. Applicant must pay a permit application processing fee, as set by the master fee schedule, at the time the application is submitted.

C. Applicant. The applicant of any parklet shall be either 1) the property owner(s) or 2) the owner(s) of the restaurant or food service use which the parklet is directly utilized by for the purposes of outdoor dining.

D. Property owner authorization. If the property owner(s) is not the permit applicant, the explicit written consent of the property owner(s) is also required in the permit application.

8.40.060 Minimum approval requirements.

All parklets in the public right-of-way shall:

A. Comply with all applicable state and federal laws including the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and all applicable health and safety requirements, and as these rules may be amended or superseded;

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B. Be designed, modified, or maintained to minimize impacts on the surrounding community, including but not limited to visual and noise impacts, impediments to access, and other impacts that would create a public nuisance or safety hazard; C. Be planned, designed, located, and erected in accordance with the parklet standards and any applicable administrative design and engineering standards adopted by the director of public works; and
D. Comply with all applicable local and state building codes, including building code structural requirements and all applicable rules and laws, including the Parklet Program.

8.40.070 Parklet permit review process and applicable standards.

A. The city shall not approve any request for a parklet permit except upon a complete and duly filed application on the then-current form prepared by the city. The application shall comply with this chapter and any other written rules and policies the city may adopt consistent with this chapter, including but not limited to, the parklet rules and regulation established by the director of public works or adopted by the city council.

B. The director of public works, community and economic development director, fire marshal, and chief building official or duly appointed designee(s) of the director of public works, community and economic development director, fire marshal, and chief building official shall review all applications for the parklet permit. The review process shall ensure compliance with the parklet standards, and all other applicable laws except that no other permit, or modification of any other permit, shall be required prior to the approval of a parklet permit.

C. Administrative design and engineering standards and application requirements. The director of public works may develop, and from time to time amend, administrative design and engineering standards and application requirements consistent with the generally applicable design regulations to clarify the aesthetic and public safety goals and standards in this chapter for city staff, applicants and the public. In the event that a conflict arises between the parklet standards adopted by city council by resolution and the administrative design and engineering standards adopted by the director of public works, the parklet standards adopted by city council by resolution shall control.

8.40.080 Parklet permit approvals and denials; notices.

A. Decision. The director of public works shall approve, conditionally approve, or deny a complete application for a Parklet Permit.

B. Required findings. The director of public works may approve or conditionally approve an application for a parklet permit when the director of public works finds:

1. The proposed project meets the definition for a "parklet" as defined by this chapter;

2. The proposed parklet complies with all applicable requirements of this chapter;

3. The application is deemed complete by the director of public works;

4. The proposed project complies with the parklet standards as determined by the director of public works;

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5. The applicant has demonstrated that the proposed project will be in compliance with all applicable health and safety regulations, which include without limitation the Americans with Disabilities Act;

6. The proposed parklet will not incommode the public use of the public right-of-way;

7. The proposed construction plan and schedule will not unduly interfere with the public's use of the public right-of-way; and

8. The applicant certifies that the proposed parklet complies with all federal and state standards and laws.

C. Conditional approvals; denials without prejudice. Nothing in this chapter is intended to limit the ability of the director of public works to conditionally approve or deny without prejudice any application for a parklet permit as may be necessary or appropriate to ensure compliance with this chapter.

D. Decision notices. The director of public works shall notify the applicant and property owners(s) of the decision rendered on the parklet permit electronically through the city’s online permitting system, by email, or by first class mail. The decision notice shall include a stamped copy of the approved parklet plan as well as any associated conditions of approval.

E. No Possessory Interest. No possessory interest in the City’s right-of-way is created by a Parklet Permit.

8.40.090 Standard conditions of approval.

The following conditions of approval shall apply to all parklet permits approved under this chapter. The conditions of approval shall be in addition to the city encroachment permit general conditions, and any additional conditions of approved imposed by the director of public works.

A. Permit fees. The parklet permit permittee shall be subject to all applicable fees and charges for the issuance and operation of a parklet permit, which shall be established in the master fee schedule. The permittee shall also be responsible for paying all costs associated with the parklet installation, maintenance, and operation.

B. Parklet permit annual use of space fee. The parklet permit permittee shall be subject to the parklet permit annual use of space fee established in the master fee schedule. This is an annual fee charged for the temporary private use of the city public parking space, as well as to cover the cost of annual City inspections for condition and safety. Prior to any permits being issued, this fee must be paid in full for the first year, along with the prorated amount for the remainder of the fiscal year ending on June 30, consistent with the business licensing schedule. The annual fees due for the subsequent years shall be paid on the same term as the business license and in advance for the upcoming fiscal year. Failure to pay the parklet permit annual use of space fee will result in a revocation of the parklet permit.

C. Maintenance. Parklet permittees are required to maintain, at their sole expense, parklets in clean, safe, and accessible manner. Permittee shall also be responsible for paying all costs associated with the parklet installation, maintenance, repairs if damaged, and operation. The permittee must correct or repair the parklet within ten (10) days after the city's notice for corrective action; after which the city reserves the right to take any action it deems

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necessary, which may include revocation of any applicable permit(s). Parklet permittees who fail to properly and sufficiently maintain the cleanliness, safety, and accessibility of their parklet. If maintenance issues are not resolved, parklet permittees may be required by the City to remove the parklet at their own expense. Violation of permit terms or parklet requirements shall constitute a violation of the city’s Municipal Code.

D. Inspection and reporting. The permittee under the parklet permit, when directed by the city, must perform an inspection of the parklet and submit a report to the department on the condition of the facility to include any identified concerns and corrective action taken or to be taken. The permittee is responsible for any costs associated with necessary actions performed by the city due to permittee's failure to comply with this section and with the parklet standards. The permittee has the burden to demonstrate compliance with this chapter.

E. Expiration. The parklet permit shall be null and void if construction is not substantially commenced within six (6) months of the permit being granted.

F. Abandonment. Abandoned parklets shall be removed by the last known owner of record of such parklet, at the sole cost of said owner and to the satisfaction of the city. For the purposes of this chapter, a parklet shall be considered abandoned when it is no longer used by the permittee to provide outdoor dining or food or beverage service use for a period of sixty (60) days. It shall be the obligation of the applicant of any parklet permit not in active use to respond to any comments issued by the city within thirty (30) calendar days of their transmittal by the city or the parklet shall be considered abandoned.

G. Insurance. The permittee and operator shall obtain and maintain insurance in compliance with the City of San Bruno Encroachment Permit General Conditions.

H. Business license. The business utilizing the parklet shall be required to obtain and maintain a valid City business license at all times.

I. No smoking. “No Smoking" signs shall be posted on the premises in compliance with Section 6.56.060 Prohibitions and duties generally.

J. Security deposit. A security deposit, in an amount established by the director of public works, shall be paid to the City to cover the estimated cost of removal and/or enforcing the removal of the parklet prior to the issuance of the required encroachment permits.

K. Non-Transferable. Parklet Permits shall not be transferable and a new parklet permit shall be required whenever the permittee is no longer associated with the operation, maintenance, or removal of the parklet or insurance policy required under subsection (G) of this section.

L. Operational Requirements. Parklet Permits shall be operated in accordance with all operational requirements established by any permit pertaining to the restaurant or food service establishment, including those required by other agencies (e.g., Alcohol Beverage Control).

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M. Hours of operation. Hours of operation shall be no greater than the permitted business hours with the authority of director of public works to decrease them.

N. Subletting of parklet. Subletting of parklets is strictly prohibited.

O. City maintenance activities and access. The city may need to access the space under, above or adjacent to the parklet that necessitates the temporary or permanent removal of the permitted parklet. Upon written notification, the permittee is responsible for removing the parklet at the permittee’s sole expense. The permittee will be required to obtain an encroachment permit for the removal and, if the removal requirements are temporary, reinstallation work. Under the master fee schedule, the director of public works may waive the encroachment permit fee because the removal is for the benefit of public work and access. If reinstallation does not commence within six (6) months after the permittee is authorized to reinstall the parklet, the permit is considered expired. Should the permittee fail to remove the parklet within the timeframe in the written notification, the city may perform the work. The permittee or owner will forfeit any security deposit and be required to compensate the city for any balance not covered by the security deposit for the removal expenses.

P. Emergency activities and access. The city may need to access the space under, above or adjacent to the parklet in an emergency situation as determined in the sole discretion of the director of public works that necessitates removal or access to the permitted parklet without prior notification to the permittee. Permittee waives ability to file claims for damages caused by such activity.

Q. Parklet discontinuance and removal. If the permittee decides they no longer want to continue to maintain and operate a permitted parklet, the permittee is responsible for notifying the department. The permittee is responsible for removing the parklet at the permittee’s sole expense. Immediately upon removal, the parklet area shall be cleaned and restored to its previous condition to the satisfaction of the director of public works.

8.40.100 Permits
A. Encroachment permit required. An encroachment permit is required to construct, install, or modify a parklet. The encroachment permit is subject to the requirements of San Bruno Municipal Code Chapter 8.16 Encroachment Permits.

B. Revocable encroachment permit required. A revocable encroachment permit is required to allow for the parklet to occupy the public right-of-way. The revocable encroachment permit will be required to be entered into by the property owner or their authorized agent and recorded with the county recorder’s office prior to issuance of the encroachment and building permits to construct the parklet. It shall be recorded against the adjacent property where the restaurant or food service use which the parklet is directly utilized by is located.

C. Building permit may be required. A building permit may be required to construct a parklet.

8.40.110 Revocation of Permit.

Any permit or other authorized use of the public right-of-way granted under this chapter may be

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revoked or modified for cause in accordance with the provisions of this section.

A. Revocation proceedings may be initiated by the director of public works.

B. Required findings. The director of public works may revoke or modify the parklet permit if it makes any of the following findings:

1. The permittee obtained the approval by means of fraud or misrepresentation of a material fact;

2. The permittee substantially expanded or altered the use or structure beyond what is set forth in the parklet permit or substantially changed the installation's character;

3. The restaurant or food establishment that the parklet serves has ceased to exist or has been suspended or abandoned;

4. Failure to comply with any condition of a permit issued;

5. Failure to comply with this chapter;

6. Failure to pay the parklet permit annual use of space fee;

7. A parklet’s interference with a city project or activity which seeks to protect public health, safety, and general welfare;

8. A parklet’s interference with vehicular or pedestrian use of the public right-of-way; or

9. Failure to make a safe and timely restoration of the public right-of-way.

C. Notice of action. The director of public works shall issue a written determination of revocation and mail the determination to the permittee within ten (10) calendar days of such determination.

D. Upon revocation, permittee whose parklet permit or right has been revoked shall remove the parklet at their sole expense. The director of public works will have discretion in setting the timeframe of such removal.

E. A permittee whose parklet permit or right has been revoked may have the revocation reviewed, upon written appeal as set forth in San Bruno Municipal Code Section 8.40.120.

8.40.120 Violations
Any violation of this chapter will be subject to the same penalties as a violation of the San Bruno Municipal Code Chapter 5.08 Enforcement, Nuisance Abatement and Cost Recovery.

8.40.130 Appeals.

A. Appeals. Any person adversely affected by the decision of the director of public works pursuant to this chapter may appeal the decision to the city manager, who may decide de novo, and whose written decision will be the final decision of the city. The decision on appeal shall be made using the same criteria as set forth in subsection A of Section

8.40.090.

B. Timing. All appeals must be filed within five (5) business days of the written decision of the director of public works, unless the director of public works extends the time therefor.

Appeals shall be filed with the city clerk and accompanied by a filing fee in compliance with the master fee schedule.

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8.40.140 Attorneys' fees.

In the event the city determines that it is necessary to take legal action to enforce any of the requirements under this chapter or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree in writing with permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.

Section 5. The City Council finds and determines that this ordinance is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) because there is not a possibility that the ordinance may have a significant effect on the environment. Furthermore, the City Council finds and determines that the project is categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities) given that it would result in only minor alterations of existing public or private facilities (e.g., alterations to streets, sidewalks, and parking facilities) and negligible expansion of existing uses (parklets expand on outdoor dining activities already allowed in the City). Additionally, the City Council finds and determines that the project is categorically exempt under CEQA Guidelines Section 15311 (Accessory Structures) given that it would only allow for the construction or placement of minor structures accessory to existing commercial facilities (parklets would only be allowed in association with a “bona fide public eating place”). Further, as none of the exceptions set forth in Sec. 15300.2 apply (i.e., not in a particularly sensitive environment, the cumulative impact of the project is not significant, there is no reasonable possibility that the project will have a significant impact due to usual circumstances, impact scenic highways, the project would not impact a hazardous waste site, does not result in a substantial adverse change in the significance of a historic resource) the City Council finds and determines that project is categorically exempt under CEQA.

Section 6. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the ordinance. The city council hereby declares that it should have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

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

Section 8. The city clerk shall publish this ordinance according to law. _________________________
Rico E. Medina, Mayor
ATTEST:
________________________
Lupita Huerta, City Clerk

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APPROVED AS TO FORM
_________________________
Trisha Ortiz, City Attorney
---o0o---
I hereby certify that the foregoing Ordinance No.
________ was introduced on ____, 2023, and
adopted at a regular meeting of the San Bruno City
Council on ____, 2023, by the following vote:

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RESOLUTION NO. 2023 - _____

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

THE SAN MATEO AVENUE PARKLET PROGRAM REGULATIONS AND DETERMINING

THE PROJECT IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on June 5, 2020, the City Manager, acting as the Director of Emergency Services, issued Executive Order No. 20-01 allowing temporary outdoor dining on public and private property.

On August 28, 2020, the City Manager issued Executive Order No. 20-02 outlining a revised program for temporary outdoor business regulations in San Bruno for those for businesses that were not allowed to operate indoor dining or have restrictions on indoor capacity operations during the pandemic; and
WHEREAS, the City seeks to transition the temporary outdoor business regulations from an emergency response into a longer term outdoor dining parklet program beyond the pandemic. The purpose of this is to allow restaurants or food or beverage service uses the opportunity to offer outdoor dining in parklets for economic vitality. Parklets contribute to an active, pedestrian friendly environment in the downtown; and
WHEREAS, the City Council considered options for allowing parklets in the City at a Study Session held on September 14, 2021 and January 24, 2023. At the conclusion of the Study Sessions, City Council directed staff to proceed with preparation of municipal code amendments and related to parklet regulations and an associated parklet permit program to provide businesses an opportunity to provide outdoor dining in the public right-of-way; and
WHEREAS, on February 28, 2023, the City Council introduced, read by title only, and waived further reading of an ordinance to establish regulations related to parklets and establish a new regulatory permit, the parklet permit (“Ordinance”); and WHEREAS, it is in the public interest for the City to establish reasonable, uniform and comprehensive regulations of parklets that could be established within the City’s public rights-of-way on San Mateo Avenue in the downtown through the establishment of parklet regulations and an associated Parklet Permit program; and
WHEREAS, the City’s public rights-of-way are a uniquely valuable public resource, closely linked with the City’s character, making the regulation of parklets in the public rights-of-way necessary to protect public health, safety, and general welfare, and preserve the City's character and aesthetic quality; and
WHEREAS, on February 28, 2023, the City Council conducted a duly noticed public meeting and received testimony from City staff and all interested parties regarding the amendments to Title 8 (Streets, Sidewalks, and Rights-of-Way) to add regulations relating to parklets in the City’s public rights-of-way. Parklet permits must comply with the San Mateo Avenue Parklet Program Regulations; and
WHEREAS, being authorized to do so, the City wishes to establish the San Mateo Avenue Parklet Program Regulations; and
WHEREAS, on February 28, 2023 the City Council conducted a duly noticed public meeting and received testimony from City staff and all interested parties regarding the San Mateo Avenue Parklet Program Regulations; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. INCORPORATION OF RECITALS. The recitals above are each incorporated by reference and adopted as findings of the City Council.

SECTION 2. DEFINITIONS. The definitions set forth in Section 8.40.020 of the Municipal Code, as amended from time to time, are incorporated by reference into this Resolution.

SECTION 3. BACKGROUND AND PURPOSE. The City of San Bruno is establishing the San Mateo Avenue Parklet Program to provide a uniform and comprehensive set of standards and requirements for the orderly development, siting, installation, construction, operation, maintenance, relocation, and removal of parklets. A parklet is a temporary sidewalk extension installed on public parking space(s) within the public right–of-way on San Mateo Avenue, that provides more space and amenities for outdoor dining operated and maintained by the business establishment conducting the outdoor dining.

The amenities may include tables, chairs, umbrellas, and other items for the consumption of food and beverages served by the restaurant or food or beverage service use.

SECTION 4: SAN MATEO AVENUE PARKLET PROGRAM REGULATIONS.

Overview of Permits Required
Parklets are regulated by San Bruno Municipal Code Chapter 8.40 Parklets in the Public Right-of- Way. All parklets require several types of permits reviewed and issued by the Public Works Department. These permits and processes are summarized below. •Parklet Permit. Any applicant seeking to construct, install, modify, maintain, or engage in an activity relating to a Parklet in, on, under, or above the City of San Bruno public right-of-way that is Municipal Code Chapter 8.40 Parklets in the Public Right-of-Way, shall obtain a Parklet Permit pursuant to the requirements of that chapter prior to conducting any work related to such parklet. Parklet Permits are subject to the review and approval of the Public Works Director or designee.
•Encroachment Permit Required. As a condition of approval of a Parklet Permit, an Encroachment Permit is required to construct, install, or modify a Parklet. The Encroachment Permit is subject to the requirements of San Bruno Municipal Code Chapter 8.16 Encroachment Permits.
•Revocable Encroachment Permit Required. As a condition of approval of a Parklet Permit, a Revocable Encroachment Permit is required to allow for the Parklet to occupy the public right- of-way on a temporary, revocable basis. The Encroachment Permit is subject to the requirements of San Bruno Municipal Code Chapter 8.16 Encroachment Permits. The Revocable Encroachment Permit will be required to be entered into by the applicant/owner prior to issuance of the Encroachment and Building Permits to construct the parklet. It shall be recorded against the adjacent property where the restaurant or food service use which the parklet is directly utilized by is located.
•Building Permit. Depending on the construction design proposed, a building permit may also need to be issued, subject to the requirements of the California Building Code and Fire Code. •Parklet Permit Annual Use of Space Fee. The Parklet Permit permittee shall be subject to Parklet Permit Annual Use of Space Fee established in the Master Fee Schedule by Resolution of the City Council. This is an annual fee charged for the temporary private use of the City public parking space, as well as to cover the cost of annual City inspections for

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condition and safety. Prior to any permits being issued, this fee must be paid in full for the first year prior to any permits being issued, along with the prorated amount for the remainder of the fiscal year ending on June 30, consistent with the business licensing schedule. The annual fees due for the subsequent years shall be paid on the same term as the business license and in advance for the upcoming fiscal year. Failure to pay the parklet permit annual use of space fee will result in a revocation of the parklet permit.

Parklet Permit and Encroachment Permit applications and all required materials and fees, including plans must be submitted to the City’s Engineering Section within the Public Works Department. All general and special conditions of the Encroachment Permit to construct within the public right-of-way will be applicable to Parklets, including Municipal Code Chapter Section 8.16.030 requiring provision of certain security to allow issuance of encroachment permit. These permits must approved by the Public Works Director or designee prior to the issuance of any permits for construction or installation.

Parklet Standards
I. Location and Setback Criteria
A. General Criteria
•General siting - Parklets are sited along the curbside on San Mateo Avenue directly in front of the associated restaurant where on-street parking spaces exist. •Downtown location only - Parklets are only permitted to be located along the curbside on San Mateo Avenue between El Camino Real and Huntington Avenue within the Downtown (Central Business District) where on-street parallel parking spaces exist. These locations are shown in Exhibit A: Permitted Locations.
•Maximum total number in Downtown and per block - These shall be no more than five parklets permitted. There shall be no more than two parklets in any one block.

B. Location Criteria
•Parallel parking spaces – Parklets must be the length of one or two parking spaces located directly in front of the associated restaurant, although the City will consider larger parklets depending on site conditions. A 3-foot inner buffer is required when adjacent to another parallel parking space. A 2-foot buffer is required when adjacent to a driveway. •Corner locations - Parklets should be setback from intersection crosswalks. Setbacks shall be 20- feet for non-signalized intersections and 30-feet from signalized intersections. Parklets that cannot meet these setback requirements may be considered on a case-by-case basis. •Fronting driveways - Parklets may be installed in front of a driveway if the applicant owns the property served by the driveway or obtains written permission from the property owner. If the driveway has been abandoned or no longer provides access to off-street parking, the driveway may be levelled as part of the parklet project.

C. Parklet Setbacks
•Travel Lane Setback – Parklets shall have a 2-foot minimum setback from the travel lane measured from the parking striping adjacent to the travel lane (see Design and Parklet Placement diagram below for more information).
•Side Setback - Parklets shall have a 3-foot minimum side setback to the nearest parking space (see Design and Parklet Placement diagram below for more information).

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D. Other Location Criteria
•Utilities - Parklets may not be constructed over utility access panels, manhole covers, storm drains, or fire hydrant shut-off valves. Be sure to take a thorough inventory of utility access covers in your proposed parklet area by checking under parked cars. Parklet sponsors must provide for access to any City or public utility company that may have underground pipelines and conduits beneath the constructed parklet. Access to utilities may require that a parklet sponsor temporarily remove all or a portion of the constructed parklet. •Parklet Width – Parklets must stay within the designated parking stall area and must allow for a minimum 11-foot vehicular travel lane.
•Fire Hydrants - Fire Hydrants shall not be blocked. Clearance of 15-foot around the hydrant (15 foot each side) shall be maintained.
•Fire Department Connections (FDC’s) – To maintain access for FDC’s, 5-foot-wide openings should be provided between every 2 adjacent parklets or alternative means approved by the Fire Marshal.

II. Parklet Design Elements
Parklets elements include:

A)A platform that allows the parklet to serve as an extension of the sidewalks.

B)Railings that demarcate the exterior of the parklet from the street and surrounding parking spaces.

C)Traffic safety protections to reduce the potential for auto-related damage. Installation of concrete K-Rails may be required.

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D)Furnishings and fixtures.

E)Aesthetic design consideration.

A. Platform Design Criteria
•Platforms must be constructed from durable materials that can withstand wear and tear of elements.
•All structures must allow for access to public utilities for maintenance and repairs (e.g. provide access panels, removable pavers, etc.).
•The platform must be flush and even with sidewalk and must not leave a gap greater than 1/2 inch, nor a vertical separation greater than 1/4 inch. •Drainage - Platforms should allow for curbside drainage flow. A 6-inch height by 12-inch width minimum clear gutter space must be provided along the entire length of the proposed platform. Openings at either end of the parklet may be covered with screens to prevent debris buildup beneath the platform and in the gutter. It is the responsibility of the parklet permittee to clean the cover or screen to prevent any backup of storm water. All parklets must provide access through the parklet platform or threshold to the gutter adjacent to the curb.

Source: San Francisco Parklet Manual
•At no time may fixtures be bolted or affixed in any way to the roadway or any structure (including but not limited to buildings, fire hydrants, street trees, streetlight, parking meters, or traffic poles, etc.).
•Pouring concrete for parklet platforms is not allowed. You may use concrete pavers on a platform structure instead.
•Surface materials must be textured or treated with a non-skid coating to ensure a safe walking surface. Loose particles, such as sand or loose stone, are not permitted.

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•Maintenance access - Parklets shall be designed to provide access under the platform to allow for maintenance (i.e., repairs or clearing debris). If the platform base is not a solid mass, access can be provided through access panels, removable pavers, or other means. •Sub-structure - Designs for the sub-structure of a parklet vary and depend on the slope of the street and overall design for the structure. The sub-structure must accommodate the crown of the road and provide a level surface for the parklet. “Bison pedestals” spaced under the surface and of different heights are a common application. Another method is to provide steel sub- structure and angled beams.
•ADA Accessibility - All accessibility elements of the proposed platform shall be designed, constructed and/or conform to the applicable provisions, rules, regulations, and guidelines of the: California Building Code and Americans with Disabilities Act 2010 Standards accessibility requirements (ADAAG).
oAccessible Platform Surface: The portion of the parklet platform connected by the accessible path of travel to the wheelchair turning space and wheelchair resting space must be level. The accessible platform surface maximum cross slope (perpendicular to the sidewalk or curb) and running slope (parallel to the curb) cannot exceed 2%.
oAccessible entry: Shall be a minimum of 48 inches wide. oAccessible path of travel: It must connect the sidewalk to the accessible entry, platform surface, wheelchair turning space and wheelchair resting space. oWheelchair turning space: Shall be 60 inches in diameter and located entirely within the platform; a 12-inch maximum overlap on the curb and sidewalk is acceptable.
oWheelchair landing: A 30- by 48-inch clear floor area. It’s permitted to overlap with the Wheelchair Turning Space by 24 inches maximum in any orientation.

B. Parklet Railings
The parklet railing marks the boundary between the parklet and the street or sidewalk. It should serve as a safe edge while also being visually appealing, permeable, and inviting. The following standards and guidelines should inform your design.

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•Stable and sturdy enough not to fall over or be pushed over. •Edge Buffers: the parklet should have an edge as a buffer from the street. This can take the form of planters, railing, cabling, or some other appropriate barrier. •Openings in rails must prevent passage of 4-inch sphere. •Height: The height should not exceed 36 inches from the parklet platform floor to the top of the railing. If you wish to install wind barriers taller than 36 inches, the use of transparent materials like Acrylite, Plexiglass, plastic films, etc. is required. If transparent materials are used, the height of the railing, including the transparent materials, should not extend more than 6 feet from the floor platform.
•Visibility: The barrier should not block the view of conflicting movements of traffic, including pedestrian traffic, nor block the view of traffic control devices such as traffic signs, traffic signals, and other traffic warning devices.
•All railings/barriers must have reflectors on them such that they are visible at night. •Roofs, trellises, and shade structures are allowed.

C. Traffic Protections
•Traffic barriers – parklets shall utilize concrete Jersey barrier (K-rail) on sides adjacent to vehicular traffic. Other Caltrans recognized traffic safety barriers may be considered, though, water-filled Jersey barriers will not be allowed.
•Posts or Bollards -- Parklets shall have vertical elements that make them visible to traffic, such as flexible posts or bollards. One possible measure are safe hits posts, as shown in the picture. These vertical elements shall be placed at the corner of the parklet on both sides of the parklet not within to the travel lane. Structural bollards may be required if deemed necessary by the City.
•Travel Lane Clearance -- Parklets shall be at a minimum 2-foot clear from the edge of the travel lane (measured from the parking striping adjacent to the travel lane) to ensure safe separation from traffic. The traffic barrier may occupy this space.

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D. Furnishings and Fixtures
•Portable Heaters – Maintain required clearances in accordance with the instruction manual (Usually 18” but can be up to 3 feet). Heaters are not allowed under a tent or membrane structure including fabric overhangs, umbrellas, or a roof/ trellis structure but can be placed near them if clearances are maintained. All heating equipment shall comply with the California Fire Code.
•Umbrellas - Umbrellas are allowed provided there are not heating devices under them. All umbrellas shall be taken down and stored indoors at the close of each business day. The umbrellas must be kept in good shape, maintained, and replaced if fading occurs or if damaged.
•Heating devices may be placed near the umbrellas provided they are given adequate clearance per the appliance instructions.
•Candles and open flames are not allowed in Parklets.
•Electrical connections – All wiring and electrical cords must be all weather, exterior rated, GFCI protected. Cords must not create tripping hazards on the sidewalk. If the cords cross above the sidewalk, they must provide a minimum clearance of 10 feet above the sidewalk and the platform of the parklet. The use of Adapters is prohibited. •Lighting – Lighting is encouraged and may be provided through electrical connections to the building (see above). Solar powered lighting is strongly encouraged. Lighting shall not be directed towards the roadway to unintentionally cause glare for vehicles. •Generators are not allowed in association with parklets. •Signage – Unilluminated signs are allowed provided the sign area does not exceed 6 square feet. Sign copy is limited to business identification, except that if the parklet is meant to serve the general public, signage should reflect such. If the parklet is meant to serve as restaurant seating, signage should correlate in design with the signage on the primary building.

E. Aesthetic Design Consideration
•San Mateo Avenue Streetscape Plan – The parklet design should maintain aesthetic design consistency with the San Mateo Avenue Streetscape Plan. •Traffic barriers shall be screened utilizing aesthetically pleasing treatment and materials such as wood or metal.

Due to the unique circumstances of each proposed parklet location, specific elements may not be required in all cases. Similarly, there may be instances where additional design interventions not covered in these standards are required.

F. Maintenance
The Parklet Permit Grantee shall be responsible for all maintenance for the Parklet. A Parklet Maintenance Plan shall be prepared and submitted to the City as part of the Parklet Permit application. All Parklet Maintenance Plans require the baseline tasks listed in the accompanying table; note, however, that additional maintenance activities may be required depending on the specific Parklet location and/or design. A person must be listed on the permit application who can be contacted for an emergency maintenance needs requiring immediate (i.e. within 24 hours) attention.

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Required Parklet Maintenance Tasks
Task Minimum Frequency Required
Litter/debris removal and general tidying on
and directly adjacent to parklet
Daily
Litter/debris removal from under the parklet
platform, including the gutter
Surface cleaning (e.g. sweeping, power
washing/hosing)
Weekly or as needed
Graffiti removal
Parklet structural maintenance
Maintenance of parklet surface materials
(e.g. painting, staining, etc.)
As needed or as directed by the
City Director of Public Works
III. Parklet Permit Submittal Requirements
The following submittals are required for the Parklet Permit at a minimum. Additional requirements will be included in the application.
•If the property owner(s) is not the Parklet Permit applicant, a letter of authorization giving explicit written consent of the property owner(s) is required. •Plans showing the proposed layout of the parklet including the parklet dimensions, location, adjacent businesses, parking meters, if applicable, etc. •Plans demonstrating ADA accessibility and show dimensions of required clearances. •Elevations showing the proposed platform, drainage, railings, signage and all related dimensions.
•Materials palette – Use color photo samples to demonstrate:
oMaterials and plants to be used on platform
oRailing materials
oPlatform materials
•Application and permit fees and deposits.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the San Mateo Avenue Parklet Program Regulations.
---oOo---
I hereby certify that foregoing Resolution No. 2023 - ______ was introduced and adopted by the San Bruno City Council at a regular meeting on February 28, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

Lupita Huerta, City Clerk

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RESOLUTION NO. 2023 -

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

ADDING FEES RELATED TO PARKLETS TO THE MASTER FEE SCHEDULE

AND MAKING A DETERMINATION OF CEQA EXEMPTION
WHEREAS, the City Council of the City of San Bruno (“City”) is empowered to impose reasonable fees, rates, and charges to offset costs for municipal services; and WHEREAS, the City Council adopted resolutions updating the Master Fee Schedule and adopting the user fee cost recovery policy on June 22, 2021; and WHEREAS, the City Council considered options for allowing parklets in the City at a Study Session held on September 14, 2021 and January 24, 2023. At the conclusion of the Study Sessions, Council directed staff to proceed with preparation of Municipal Code amendments and related to parklet regulations and an associated parklet permit program. These regulations allow restaurants or food or beverage service uses the opportunity to offer outdoor dining in parklets for economic vitality.

Parklets could be established within the City’s public rights-of-way on San Mateo Avenue in the downtown. At the January 24, 2023 City Council study session, the Council directed staff to reduce the proportion of cost recovery for the parklet permit fee; and WHEREAS, notice of the proposed fees was duly given and the data were made available to the public for review prior to the public hearing on the proposed Parklet Fee Schedule in the manner set forth in California Government Code Section 66016(a); and WHEREAS, on February 28, 2023, the City Council introduced, read by title only, and waived further reading of an ordinance to establish regulations related to parklets and establish a new regulatory permit, the parklet permit (“Ordinance”). A parklet permit permitee is also subject to parklet permit annual use of space fee. This is an annual fee charged for the temporary private use of the city public parking space, as well as to cover the cost of annual City inspections for condition and safety. The fee would offset lost parking meter revenue when they are installed in the future; and WHEREAS, as the parklet permit is a new permit type, the City Council must add new fees related to this permit to the Master Fee Schedule; and
WHEREAS, City staff prepared a user fee study for parklet costs (“user fee study”), provided as Exhibit A. The study provides preliminary costs estimates for parking meter revenue. It also provides cost and City staff time required to review and process the parklet permit, the annual use of space fee, and a parklet permit appeal; and
WHEREAS, the recommended parklet permit fee is $0, as the City desires to set this at $0 as an economic incentive to restaurant or food or beverage service uses to establish parklets in the downtown. The staff time processing these applications will be funded by the City’s General Fund as part of standard department operational costs; and
WHEREAS, the estimated cost of processing the parklet permit appeal based on fully burdened rates is $236; and
WHEREAS, the estimated parklet permit annual use of space fee based on estimated parking meter revenue and fully burdened rates is $2,185. This is the recommended fixed fee; and

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WHEREAS, on February 28, 2023, the City Council conducted a duly noticed public hearing and received testimony from City staff and all interested parties regarding the establishment and setting of the fees for Parklet Permits, the Parklet Permit Annual Use of Space Fee, and appeals of Parklet Permits; and,
WHEREAS, all legal prerequisites including public notification to the adoption of this resolution have occurred; and,
WHEREAS, the City Council has reviewed the information contained in this Resolution and the accompanying staff report and attachments at a meeting held on February 28, 2023; and, WHEREAS, the City Council now desires to set the rates for Parklet Permits, the Parklet Permit Annual Use of Space Fee, and appeals of Parklet Permits.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following fees. The parklet permit fee shall take effect 60 days after adoption and the annual use of space fee and permit appeal fee shall be effective upon the effective date of the Ordinance.

The City Council directs such fees to be added to the Master Fee Schedule:

Public Works
XIII. Parklet Permits
Fee
A. Parklet Permit $0
B. Parklet Permit Annual Use of
Space Fee
$2,185.00 per parking space
occupied by parklet
C. Parklet Permit Appeal $236
BE IT FURTHER RESOLVED that the City Council finds that the adoption of fees for the administration of the Parklet Permit Program is exempt from the California Environmental Quality Act (CEQA) because there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines and because it is the creation of a government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment pursuant to CEQA Guidelines Section 15378(b)(4). ---oOo---
I hereby certify that foregoing Resolution No. 2023 - ______ was introduced and adopted by the San Bruno City Council at a regular meeting on February 28, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

Lupita Huerta, City Clerk

Exhibit A: User Fee Study for Parklet Costs

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EXHIBIT A

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:February 28, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Bobby Magee, Interim Finance Director
PREPARED BY: Esther Garibay-Fernandes, Financial Services Manager SUBJECT:Receive Mid-Year Financial Update Report for FY2022-23 as of December 31, 2022 and Adopt a Resolution Approving a Second- Quarter Budget Amendment for the FY2022-23 Operating and Capital Budget
BACKGROUND:

The City Council approved the FY2022-23 Operating and Capital Improvement Budget on June 28, 2022 (City Council Special Meeting, Item 4B). The approved budget is the annual plan and resource allocation guiding and ensuring implementation of City Council policies and priorities. The budget implements the vision and direction for the broad range of services that meet the needs of the community in accordance with City Council policy.

The City of San Bruno operates on a July 1 to June 30 fiscal year cycle. This financial review covers the period of July 1, 2022 through December 31, 2022 and serves as the mid-year budget update to the City Council for the current fiscal year. Analysis of the revenues collected and expenditures incurred through December 31st measures the budget’s adherence to the established resource allocation plan.

DISCUSSION:

Financial Overview
The Adopted Budget incorporates the estimated revenues and planned expenditures for all funds. The Mid-Year Financial Update Report as of December 31, 2022 provides a summary of revenues and expenditures for the General Fund, Enterprise Funds, and Internal Service Funds. The following discussion focuses on variances from the revenue and expenditure plans and allocations contemplated in the budget.

Development Related Payments
The most significant change in the City’s fiscal position since the adoption of the FY 2022-23 Budget is the receipt of the community benefit payments, affordable housing

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4 fees and development impact fees from Google, LLC in relation to the Phase 1 and 2 expansion of the YouTube Campus within the Bayhill Specific Plan.

In September and October of 2021, the City Council approved the Bayhill Specific Plan as well as various agreements with Google, LLC related to YouTube Campus. Total one-time payments from the built-out of the new development potential provided by the Bayhill Specific Plan is estimated at $141,000,000. This amount is inclusive of citywide and area development impact fees, affordable housing fees and community benefit payments. A summary and explanation of these payments can be found in the September 28, 2021 staff report for the Bayhill Specific Plan Approvals, which can be located here1. The City’s development agreement with Google, LLC required concurrent payment of Phase 1 and 2 of community benefit funds and fees associates with the YouTube Campus expansion. There are a total of 5 phases planned.

In October 2022, the City received a $57M payment of building, plumbing, plans check and other permits/fees as well as impact fees, affordable housing fees and negotiated community benefit payments for Phases 1 and 2 of the YouTube campus expansion.

A summary of the net payments for phases 1 and 2 from Google, LLC is below. •$2.0M – Building, Plumbing, Plans Check & Other Permits/Fees •$10.1M – Affordable Housing Fees
•$4.5M – Bayhill Area Development Impact Fees
•$25.4M – Community Benefit Payment
•$14.5M – Citywide Development Impact Fees
•Total = $56.5M
o$54.5M excluding the permit fees (bullet 1)
The $14.5M payment for citywide Development Impact Fees (DIF) are separated into several categories. A breakdown is below.

Development Impact Fees from Google/YouTube Phase 1&2
Community Facilities Impact Fee $6,631,968 Public Safety Impact Fee $442,177 General Govt Impact Fee $717,517 Transportation Impact Fee $5,341,834 Utilities Impact Fee $1,319,154
Total $14,452,650
1 https://www.sanbruno.ca.gov/DocumentCenter/View/1636/Bayhill-Specific-Plan---City-Council-Staff-Report- September-28-2021-PDF

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4 Based on the receipt of the aforementioned payments, the following table provides a summary of the projected ending total for the General Fund Balance, the General Fund Capital Reserve, Development Impact Fee accounts and the Affordable Housing Fund.

Fund Balance @ FY 22/23 Mid-
Year
General Fund Balance & Capital Reserve
General Fund Balance (Proj. Ending @
6/30/23) $7,186,707
General Fund Capital Reserve Fund $27,902,597
Subtotal: GF Fund Balance & Capital
Reserve $35,089,304

Development Impact Fees
Community Facilities Impact Fee $6,778,787
Public Safety Impact Fee $451,875
General Govt Impact Fee $733,774
Transportation Impact Fee $5,463,427
Utilities Impact Fee $1,348,663
Subtotal: Development Impact Fees $14,776,526

Affordable Housing Funds $13,084,120

Total $62,949,950
Additionally, within next 12-24 months and not included in the above table, is anticipated that the City will receive additional one-time funds related to the sale of City-owned lots within The Crossing Development ($5M) and negotiated payments related to the Southline Development by Lane Partners ($10.6M).

The City is preparing to launch a process to assess citywide facility needs and the City’s fiscal condition prior to the allocation of the majority of the unrestricted funds that have been received and those that are anticipated to be received. However, because the assessment process and the policy setting process will take several months to complete, staff is preparing to bring forth recommendations for initial allocation of a portion of the forementioned funds in the March and April, so that important projects are not further delayed. Many of the projects or fund allocations that will be recommended have been presented to the Council and received majority support but are on hold- pending funding. Staffs’ initial funding recommendations are summarized in the following table. At the February 28, meeting staff will request City Council feedback on the following recommended allocations.

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4 Potential Upcoming Allocations
Fund Balance @ FY
22/23 Mid-Year Recommended Initial Allocations Remaining Balance
General Fund Balance & Capital Reserve
General Fund Balance (Proj. Ending @
6/30/23)

7,186,707

1,000,000
Replenishment City's
Emergency Reserve
Fund

6,186,707
General Fund Capital Reserve Fund
27,902,597

9,200,000
$1.2M Parking Fund
Loan, $3M CityNet Fiber
Installation, $5M Police
Radio Project

18,702,597
Subtotal: GF Fund Balance & Capital
Reserve

35,089,304

10,200,000
24,889,304

Development Impact Fees
Community Facilities Impact Fee $6,778,787 $2,000,000 Florida Park Project Funding

4,778,787
Public Safety Impact Fee $451,875 $300,000
Fire Station 52
Replacement Project
Funding (project
management)

151,875
General Govt Impact Fee $733,774
733,774
Transportation Impact Fee $5,463,427
5,463,427
Utilities Impact Fee $1,348,663
1,348,663
Subtotal: Development Impact Fees $14,776,526 $2,300,000 $12,476,526

Affordable Housing Funds $13,084,120 $13,084,120

Total $62,949,950 $12,500,000 $50,449,950

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4 General Fund Budget Overview
The General Fund finances the operations of the City that have no special or dedicated revenue sources and pays for basic municipal services. The FY2022-23 adopted General Fund budget projected $634,799 in operating deficit which the City Council authorized to use available fund balance to cover.

The table below compares the General Fund adopted budget with the mid-year financial update for FY 2022-23:

It is important to note that on July 22, 2022, the City Council reviewed recommended budget enhancements and approved General Fund enhancements with a net impact on the FY 2022-23 budget of $1,120,174. This is the difference between the deficit in the “Adopted Budget” and “Adopted Budget w/ Enhancements” columns above. The following table summarizes the fiscal impact of the adopted General Fund enhancements. Additionally, the specific adopted enhancements for the General Fund and all other funds can be found as Attachment 2.

Attachment 3 provides additional details on revenue and expense changes adopted during the initial six months of the fiscal year.

FY2022-23 Adopted Service Level Enhancements
Cost of Ongoing Enhancements $1,614,277
Offsetting Revenue or Budget Reductions for Ongoing
Enhancements $1,315,863
Net Impact of Adopted Ongoing Enhancements $298,414

One-Time Enhancements $821,760

FY2022-23 Budgetary Impact of Ongoing and One-time
Enhancements $1,120,174
Adopted
Budget
Adopted Budget
w/Enhancements
Mid-Year
Amended
Budget
Revenues $ 54,885,106 $ 56,200,969 $ 57,885,969 Expenditures $ 55,519,905 $ 57,955,942 $ 60,074,571 Surplus/(Deficit) $ (634,799) $ (1,754,973) $ (2,188,602)

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4 The chart below shows the proportional share of the major revenue sources in the City’s General Fund for the adopted FY2022-23 budget, with property tax and sales tax being the most significant sources.

The chart below shows the major City functions the General Fund is scheduled to fund in the FY2022-23 adopted budget. A majority of General Fund sources is expended for the public safety functions of the city at 57% of all spending.

Taxes

67.1%
Department
Revenues

14.1%
Franchises

3.3%
Use of Money &
Property

1.6%
Other Revenue

9.6%
Operating
Transfers

4.2%
General Fund Revenues
General
Administration
11%
Public Safety
57%
Public
Works
7%
Community
Development
5%
Community
Services
15%
Non-
Departmental
2%
Transfer to
Other Funds
2%
General Fund Expenditures

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4 Staff historically has used conservative budget projection methods when preparing financial projections, including estimating more stable revenues, such as property and business license taxes, at moderate growth rates compared to prior years and discounting higher fluctuating revenues, such as sales tax and building permit revenues, to account for timing and variability issues.

Revenue and expenditure data generated over the first six-months of the fiscal year is used as a basis for projecting trends for year-end actuals. A detailed review of revenues and expenditures is presented below.

Notable General Fund Revenues
Each major General Fund revenue source is discussed below. Those that significantly contribute to the projected shortfall are explained with additional detail.

Property Tax: (FY2022-23 Q2: 53% of budget compared to 51% in FY2021-22). The City receives the majority of the property tax revenue in December and April payments.

There is an increase of 2% (totaling $146,052) from same period last year. Per San Mateo County reports, the City will be receiving excess ERAF funds at the end of January 2023 for $866,700. This projection is similar to the numbers previously forecasted. The City expects to be near budgeted total Property Tax revenues at the end of Fiscal Year 2022-23.

Sales Tax: (FY2022-23 Q2: 63% of budget compared to 52% in FY2021-22). These figure reflect increased Sales tax reported to the California Department of Tax and Fee Administration. This is a 23% increase from same period last year in the amount of $1,274,470. It should be noted that a portion of these figures include increased sales tax revenues where the methodology used to calculate taxes owed is currently in dispute. At this time, it is unknown if the City can expect to retain these taxes collected, or if the City will need to provide a refund back to certain vendors. The Finance Department continues to monitor the dispute at the State level and will report back to the Council when more information is known.

Hotel/Motel Occupancy Tax: (FY2022-23 Q2: 53% of budget compared to 56% in FY2021-22). Transient Occupancy Tax (TOT) revenue was budgeted $1,039,442 higher in FY2022-23 than FY2021-22, under the assumption that hotel tax revenues would increase about 60% from previous year. At the mid-year point, the City received $500,800 more in TOT than during the same period last year. The hospitality industry continues the trend of increasing activity.

Motor Vehicle License Fee and Property Taxes in Lieu of Vehicle Fees (VLF):
(FY2022-23 Q2: 44% of budget compared to 47% in FY2021-22). Staff increased the revenue budget from $4.6 million from FY2022 to $6.6 in FY23. Current estimates for this fiscal year are $5.9 million, due primarily to a partial payment that has been deferred by the State. Finance staff will continue to monitor the status of this partial

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4 payment, and will include it in future budgets if the State indicates it will make the payment in a future fiscal year.

Regulatory Card Room Tax: (FY2022-23 Q2: 49% of budget compared to 50% in FY2021-22). Regulatory Card Room Tax is billed to Artichoke Joe’s on a quarterly basis. Revenue received to date is $480,322 higher than the previous fiscal year. As previously explained in the First quarter, the card room tax is expected to increase over the previous fiscal year due to the recent review by Artichoke Joe’s of the City services used. As a result, the Finance Department updated the rate calculation for the card room through a negotiated agreement. The City Council approved the resolution on July 12, 2022 (Item 7A), for a quarterly increase of Card Room Tax of $225,000 in addition to a $2,071 CPI Increase per table.

Business License Taxes: (FY2022-23 Q2: 86% of budget compared to 88% in FY2021-22). Business taxes are due to the City when applications are initially submitted and then annually on July 1st. The City has received majority of the business license taxes due in the current fiscal year. Consequently, it is not anticipated that any additional large payments will be received for the remaining part of the year. It is projected that Business License Tax will be near Budgeted amounts at the end of FY2022-23.

Use of Money and Property: (FY2022-23 Q2: 124% of budget compared to 75% in FY2021-22). Use of Money and Property is where the City’s investment income is assumed. This number reflects an 80% increase, totaling $451,123, due to increased investment activity. The monthly portfolio had an increase in investment activity by $81 million compared to same period previous fiscal year.

Departmental Revenues: (FY2022-23 Q2: 57% of budget compared to 46% in FY2021-22). In aggregate, department revenues received to date is $1,306,471 higher than last year. The biggest contributor to the increase was revenue received by the building division for increased permit activity and plan checks, and Fire department increased strike team reimbursements.

Notable General Fund Expenditures
Total Expenditures: (FY2022-23 Q2: 51% of budget compared to 52% in FY2021-22).

Mid-Year expenditures were $30,028,100 compared to $26,900,000 same period last year. Most departments are within budgeted expenditures to date, with the exception of the City Attorney due to the transition to outside Counsel. It should be noted that there are increased personnel costs for public safety (due primarily to successful negotiations with bargaining units), increased fuel costs, internal service allocations, and maintenance & professional services. Overall expenditures to date are 12% higher than same period last year.

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4 Enterprise Funds
Four Enterprise Funds make up the City’s business type operations. The Water Fund, Stormwater Fund, Wastewater Fund, and CityNet Fund are City municipal operations designed to fully recover costs through user fees.

Water: (FY2022-23 Q2: 43% of budget compared to 42% in FY2021-22). Revenues for mid-year were 2% lower than same period in the prior year amounting to a $168,880 difference. The City did not increase the water rates for the last two years. Water consumption for mid-year has decreased from last year as part of the “Water Conservation” efforts due to the drought in past years.

Wastewater: (FY2022-23 Q2: 51% of budget compared to 48% in FY2021-22).

Revenues for the mid-year were $8,534,000 compared to $8,585,700 in the prior year.

Similar to water operations, the City did not increase rates for wastewater operations for the last two years. Wastewater operations are updated in the billing system every July, based on the prior winter month water usages. Wastewater operations decreased by 1% in the amount of $51,600.

Both Water and Wastewater Utility accounts continue to have significant delinquencies as a result of the pandemic. The City applied to the State Water Resource Board for water arrearages assistance for the period from March 2020 to June 2021 and received a check for water arrearages in February 2022 in the amount of $434,100 and $320,200 for wastewater arrearages in June 2022 which were applied to the respective accounts.

However, there continues to be a high number of delinquent accounts due to no shutoffs or penalties being charged to those accounts.

Stormwater: (FY2022-23 Q2: 45% of budget compared to 50% of budget in FY2021- 22). Stormwater fees are collected through the County property tax roll with the first payment in December. The higher amount reflected in the previous year was due to ARPA Funds monthly transfer for a total of $1,000,000 by fiscal year end to help the Stormwater Fund per FY2021-22 Adopted Budget.

CityNet Services: (FY2022-23 Q2: 47% of budget compared to 43% in FY2021-22).

Actual revenues of $4,158,100 are less than last year by $82,900 reflecting a 2% decrease in revenue. The budget for FY2022-23 was decreased by $873,300.

Cable Operations revenues account for Basic TV and Expanded TV revenues. These revenues are lower in the first half of fiscal 2023, as compared to FY2022 because they reflect revenues being accrued from the reduced number of CityNet cable TV subscriptions year over year. The Enterprise has been engaged in a multiyear effort to unbundle its cable TV & internet subscription products, and this is one result of that effort.

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4 Internal Service Funds
Internal Service Funds, which include the Central Garage, Building & Facilities Maintenance, Self-Insurance, and Technology Support also operate as business activities exclusively supporting the City’s internal operations. Charges for each of the Internal Service Funds are by monthly allocation based on the adopted budget.

Central Garage (FY2022-23 Q2: 49% of budget compared to 47% in FY2021-22) Expenditures were higher by $65,400 compared to last year.

Buildings & Facilities (FY2022-23 Q2: 52% of budget compared to 45% in FY2021- 22) Expenditures were $138,700 higher than last year.

Self-Insurance Fund (FY2022-23 Q2: 70% of budget compared to 74% in FY2021-22) Expenditures by mid-year of FY2022-23 are $165,000 higher than FY2021-22.

Workers Compensation premiums were about $25,000 higher than the same period last year. General Liability premium increased by $140,000 from last year. Insurance premiums are typically paid at the beginning of the fiscal year.

Technology Support (FY2022-23 Q2: 48% of budget compared to 43% in FY2021-22) Expenditures are $93,700 higher than last year. The City enhanced the technology support budget for FY 2022-23 due to increased technological needs.

Budget Amendments
The table below summarizes recommended mid-year budget amendments:

Item Fund Program / Request
Revenue
Increase /
(Decrease)
Expense
Increase /
(Decrease)
A General Fund City Attorney 644,000
B General Fund Human Resources 90,834
C General Fund Fire Department 88,500
D General Fund Community Services:

Recreation (125,231) (143,000)
E General Fund Community Services:

Parks 16,650
Total General Fund Amendment Requests (125,231) 696,984 F Equipment
Reserves Fire Department 95,455 197,000
G Building Reserves Building & Facilities 500,000

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4 H Restricted
Revenues
General Plan
Maintenance 60,500
I Restricted
Revenues
Technology Fund-
Planning 12,000
Total Operating Budget Amendments Requests ($29,776) $1,466,484 An explanation of the recommended budget amendments for the mid-year of FY2022- 23 is below.

A.General Fund - City Attorney: Additional appropriations in the amount of $644,000 are recommended for the City Attorney. This figure represents an analysis of invoices already paid, current invoices in process, and expected legal services fees through the end of the fiscal year.

B.General Fund - Human Resources: The City Attorney’s budget for outside legal costs has trended over budget, and staff needed to reallocate appropriations from Human Resources to pay invoices received through October 2022 under the City Manager’s delegated authority. The appropriations transferred out of the Human Resources budget, and into the City Attorney budget, totaled $186,000. After an analysis of the current budget status, it is projected that the Human Resources budget will need to be replenished by $90,834 for remaining FY23 expenditures.

C.General Fund - Fire Department:

1. A vehicle accident in 2019 on El Camino Real across from fire Station 51 destroyed the traffic preemption system that allows emergency vehicles to preempt traffic at the intersections of Jenevein & El Camino Real to the South, and Angus & El Camino Real to the North. This traffic preemption system allows emergency vehicles to safely exit Station 51 onto El Camino Real and reduce travel times. The City has received a final design and quote to repair the damage to the equipment. This allocation would be to complete the repairs, and it is expected that the City will be reimbursed by the insurance carrier once the project is completed for an amount, estimated to be $50,000.

2. Through a recent Fire Department Standards of Cover Study, the City identified travel time as an area for improvement, and performed an analysis with various City departments to determine the first phase of repairs and determined the necessary steps to complete Phase I of the repairs. Staff is requesting an appropriation from the General Fund in the amount of $38,500 to cover repairs/maintenance to the Opticom traffic pre-emption system.

D.General Fund – Recreation: Part time Aquatic Staff ramp up was included in the FY2022-23 budget for May/June for the new Recreation and Aquatic Center. This staff will not be needed in current fiscal year. Ramp up for the program is currently projected to begin in FY2023-24. Therefore, the department is recommending to

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4 reduce the expenditure Budget by $143,000 as well as reducing the associated revenue budget anticipated for City-run Summer Camps by $125,231. These programs will not occur in Summer 2023.

E.General Fund - Parks: The department is recommending an appropriations increase of $16,650 to cover Cal/OSHA fine related to a work zone accident.

F.Equipment Reserves – Fire Department: The department is recommending an appropriations adjustment of $197,000 from the Equipment Reserves Fund for replacement of three needed equipment items which are now obsolete:

1. AFG Radios $160,000.

In early 2022, the San Bruno Fire Department applied for a Federal Emergency Management Agency Assistance to Firefighter Grant to replace the aging and obsolete mobile radios installed in all of the fire apparatuses. In September 2022, the City received notice that its grant application was awarded. Grant funds will be utilized to replace obsolete radio equipment and provide critical countywide communications & interoperability (including BART, San Francisco International Airport & San Francisco Fire). The intent is to leverage Federal funds from the grant, plus use equipment reserves to supplement the local share & cost, to install these radios.

2. Airbags $7,000.

Heavy lifting airbags utilized by the San Bruno Fire Department are in need of replacement as the existing equipment expires. The San Bruno Fire Department utilizes this mission-critical equipment to allow firefighters to free trapped victims that are pinned by heavy objects and vehicles (including CALTRAIN & BART trains). The request would replace them out of the Fire Department Equipment Reserve Fund.

3. Bullet Proof Vests $30,000.

Ballistic vests and helmets for the San Bruno Fire Department are in need of replacement as the existing equipment expires. The San Bruno Fire Department and its firefighters play critical roles during violent events, including active shooter incidents. Each riding position is assigned ballistic gear during a work shift. This essential safety equipment is necessary to allow firefighters to continue to operate side-by-side with law enforcement officers during these dynamic events. The request would replace these items out of fire department equipment reserve funds. This is mission-critical equipment and needs immediate replacement to maintain this equipment in compliance with recognized industry standards.

G.Building Reserves – Building & Facilities: The department is recommending appropriations in the amount of $500,000 for replacement of the City Hall roof.

Recent weather events have exacerbated weak points in the roof causing severe

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4 leaking into the city Attorneys' office and adjacent hallway. These roofing issues will continue to get worse over time, especially if severe weather continues.

H.Restricted Funds – General Plan Maintenance: Safety Element. San Bruno’s current Safety Element was prepared in 2010 and does not include information currently required by State law. California Senate Bill 379 requires all Cities & Counties to include climate adaptation and resiliency strategies in the Safety Elements of their respective General Plans. Additionally, Assembly Bill 162 requires updates to flood hazard information & policies, Senate Bill 1207 requires updates to fire hazard information & policies, and Senate Bill 99 requires identification of areas that do not have at least two emergency evacuation routes. Government Code 65302(g)(5) also requires that the City update the Safety Element with the update of the Housing Element. In order to reduce the cost of preparing a Safety Element, the city has joined in a collaborative effort which includes San Mateo County and other San Mateo County jurisdictions. Placeworks has been selected as the consultant to prepare the Safety Elements for the participating jurisdictions. To participate in this joint effort, the City’s share would be $155,500. The FY2022-23 budget includes funds of $95,000 available for this effort. An additional budget of $60,500 is recommended to complete this effort. The updated project is scheduled to take approximately 24 months.

I.Restricted Funds – Technology Fund -Planning: Short-Term Residential Rentals – Location Identification and Monitoring Software. City Planning Division staff will be initiating the Short-Term Residential Rental Zoning Permit program in 2023. This permit process will implement the City’s Short Term Residential Rental Ordinance.

When implementing a brand new zoning permit, many cities have utilized a software vendor to assist in the initial identification of all short term rental properties in the city which are subject to the permit requirements. The City proposes to utilize the Granicus govService Host Compliance software to assist the City in this identification effort. This short-term residential rental property address identification is based on monitoring more than 60 short-term rental websites to ensure the highest level of accuracy to identify those properties. The City will utilize this information to notify all operators of short-term residential rentals to submit their zoning permit application. The software will also assist in compliance monitoring. $12,000 is requested for this software. The cost of this software will be partially recovered through required zoning permit fees and collected TOT.

Parking Meters / Fund
A Parking Fund has been established to record any parking funds received per Resolution 2022-108 dated 11/18/22. This action authorized the creation of a parking fund, authorized the transfer of $331,000 from the Downtown Parking Program Capital Improvement Project into the Parking Fund.

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4 FISCAL IMPACT:

The General Fund budget is now projected to end the year with a deficit of $2,080,190.

Sufficient fund balance is available to cover the additional deficit. Additionally, it is proposed that expenditures in the Equipment Reserves Fund increase by $101,545, expenses in the Building Reserves for Building and Facilities increase by $500,000, and expenses in the restricted revenue funds increase by $72,500. The following table summarizes General Fund activity from budget adoption.

Adopted
Budget
Adopted Budget
w/Enhancements
Mid-Year
Amended
Budget
Mid-Year
Budget
Estimates
Mid-Year
Recommended
Adjustments
Revenues $54,885,106 $56,200,969 $57,885,969 $58,816,596 $58,691,365 Expenditures $55,519,905 $57,955,942 $60,074,571 $60,074,571 $60,771,555 Surplus/(Deficit) ($634,799) ($1,754,973) ($2,188,602) ($1,257,975) ($2,080,190) ALTERNATIVES:

1. Do not approve of the proposed budget balancing strategy for FY2022-23 for the General Fund and provide direction to staff.

2. Do not approve the proposed budget amendments and maintain budgeted amounts as approved in the FY2022-23 budget.

3. Amend the proposed budget adjustments by adding to or eliminating any proposed budget changes.

RECOMMENDATION:

Receive Mid-Year Financial Update Report as of December 31, 2022 and adopt a resolution approving the Budget Balancing Strategies and Second-Quarter Budget Amendment for the FY2022-23 Operating and Capital Budget.

ATTACHMENTS:

1. Resolution

2. Attachment 2: Adopted FY 2022-23 Enhancements for the General Fund and All Other Funds

3. Attachment 3: Summary of Adopted Budget Amendments and Enhancements from July 1, 2022 - December 31, 2022
DATE PREPARED:

February 17, 2023

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RESOLUTION NO. 2023-____

RESOLUTION APPROVING SECOND-QUARTER BUDGET AMENDMENT FOR THE FY2022-23 OPERATING AND CAPITAL BUDGET
WHEREAS, the City prepares and adopts its budgets with the intent of providing a planned policy program for City services and a financial system to carry out the planned program of services; and
WHEREAS, the City Council approved Resolution No. 2022-58 adopting the FY2022-23 Operating and Capital Budget on June 28, 2022; and
WHEREAS, the City Council may amend the budget as necessary to account for changing conditions; and
WHEREAS, amendments for revenues and expenditures impacting the various funds should be approved consistent with the operating requirements and previous City Council actions and consistent with the information provided with the mid-year financial status report received by the City Council on February 28, 2023; and
WHEREAS, amendments will increase the General Fund operating deficit by $822,215, decrease Equipment reserves by $101,545 and decrease Building Reserves for Building and Facilities by $500,000, decrease restricted revenues by $72,500.

NOW THEREFORE, the City Council of the City of San Bruno hereby resolves to amend the FY2022-23 General Fund, Equipment Reserves and Internal Services Budgets as follows:

Recreation (125,231) (143,000)
E General Fund Community Services:

Parks 16,650
Total General Fund Amendment Requests (125,231) 696,984 F Equipment
Reserves Fire Department 95,455 197,000
G Building Reserves Building & Facilities 500,000
H Restricted
Revenues
General Plan
Maintenance 60,500

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2 1
2 1
I Restricted
Revenues
Technology Fund-
Planning 12,000
Total Operating Budget Amendments Requests ($29,776) $1,466,484 —o0o—
I hereby certify that foregoing Resolution No. 2023- __ was introduced and adopted by the San Bruno City Council at a regular meeting on February 28, 2023 by the following vote:

AYES:

NOES:

ABSENT:

City Clerk

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Costs
New Revenue
/ Allocation /
(Expenditure)
Net Impact
on Fund
City Manager
HR Director Provide leadership to human resource management Proactive Planning 141,946 - 1 41,946 City Manager Total $141,946 -$ -$ $141,946
Finance
Reclassification- New Budget Officer, replace Lead ACSR -Our Financial Service Manager is the supervisor of Revenue Services and knowledgeable with the Division operation. The Revenue Services Division needs a dedicated manager with strong leadership skills to direct staff training and improve technical skills. However, the Financial Service Manager has not been able to dedicate much of her time to the operation because she is also very involved in budget development and financial analysis.

Additionally the City is preparing for banking services implementation and ERP conversion. The technical capacilty of the Revenue Services Division is critical to the success of the implementations.

We recommend to create a new position of Budget Officer to assume the responsibilities of budget development and financial analysis, so that the Finance Service Manager can refocus on revenue management and improve the division operation. The Budget Officer will enhance the analytical capacity of the Finance Department and help with ad hoc financial analysis the City is interested in.

Proactive Planning 26,484 26,484
New Position- Purchasing Officer - The City of San Bruno is in dire need of a seasoned purchasing professional to develop a sophisticated purchasing policy, improve the purchasing procedures and be the expert on citywide procurement activities. Currently, most procurement related questions are answered by the Finance Director and City Attorney, which is not the cost effective way to handle procurement issues.

The majority of the City’s procurement activities originiate from Public Works Department and are related to capital improvement projects and enterprise funds. The fully burdened cost of a purchasing officer can be allocated across the city based on procurement activities.

Proactive Planning 108,923 - - 1 08,923
Finance Total $135,407 -$ -$ $135,407
Police
Unfreeze One Police Officer - Frozen police positions have created a burden on the officers to filll overtime related gaps. Many officer sare having to work 16-hour days, which can cause may issues to staffing and degrade performance.

Protect & Improve
Community
Aesthetics and
Sft
237,652 237,652
ADA Translation- Two tabllets at the front counter for ASL use in order to compliy with Title II of americna Disabilities Act
Protect & Improve
Community
Aesthetics and
Safety
1,850 1,700 3 ,550
Bicycle Patrol Appropriation for bicycle maintenance and replacements Protect & Improve Community
Aesthetics and
Safety
0 5 ,500 5 ,500
CueHit Automated SMS System CueHit works with the department’s CAD/RMS system to send out automated SMS messages based upon specified criteria. CueHit sends automated satisfaction surveys to members of the public following calls for service, sends case updates to victims regarding investigative progress, and sends required documentation to victims electronically. In addition, CueHit provides a detailed reporting platform that enables staff to garner invaluable insights to improve operations.

Protect & Improve
Community
Aesthetics and
Safety
3,500 3,500
Key Control System Electronic system to manage key usages and accesses. Protect & Improve Community
Aesthetics and
Safety
1,200 5,000 6 ,200
LEFTA Software LEFTA is an interconnected suite of cloud-based applications including use of force reporting, vehicle pursuit reporting, personnel investigations, field training program, training records and personnel records. These applications will allow the Department to better track trends and provide for an early warning system for potential issues.

Protect & Improve
Community
Aesthetics and
Safety
7,000 7,000
Team Building Workshop The Team Building Workshop (TBW) Program pairs independent specialized consultant services with the management team of a local agency to assist with problem solving, developing organizational goals and objectives, and/or team building within the agency. POST has an approved list of over 20 presenters to present/facilitate the workshop. Police Departments are requested to participate in a POST TBW within the first two years of swearing in a new Police Chief.

CA POST will reimburse most of the costs associated with the workshop.

Protect & Improve
Community
Aesthetics and
Safety
12,600 11,000 1,600
Wellness Program Taking measures to enhance PD employee wellness, using a multi-faceted approach, is essential. This is to provide individual Clinician Mental Jealth Councseling Services, Individual Prefessional Personal Training Services and individual Professional Dietary/Nutrition Services to PD staff.

Protect & Improve
Community
Aesthetics and
Safety
50,000 50,000
Police Total $251,202 $74,800 $11,000 $315,002
Fire

1.0 Fire Captain/Paramedic - The Fire Department has participated in the Central San Mateo County Training Division since 2012. Recently the San Mateo Consolidated Fire Department has withdrawn from the agreement. These changes and other factors have created the need for the Fire Department to better support the training division by adding a fire captain position that will be assigned to the training division beginning July 1st 2022.

Protect & Improve
Community
Aesthetics and
Safety
233,093 233,093
Fire Total 233,093 0 0 2 33,093
Summary of Proposed Budget Enhancements
Budget Enhancement Request
General Fund
Attachment 2: Adopted FY 2022-23 Enhancements for the General Fund and All Other Funds

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Cost
One-Time
Costs
New Revenue
/ Allocation /
(Expenditure)
Net Impact
on Fund
Summary of Proposed Budget Enhancements
Budget Enhancement Request
-
PW Admin & Engineering
Reclassify 1.0 FTE Associate Civil Engineer Step 5 to 1.0 FTE Sr. Civil Engineer, Step 5. Re- classify position. Public Works has a vacant Associate Civil Engineer position that focuses on traffic engineering and managing the Traffic Safety Parking Committee (TSPC) and TSPC related work.

Recruitment for a qualified candidate has been on-going since April 2020 and has been unsuccessful.

Public Works recommends re-classifying the position to a “Senior Civil Engineer” position. Currently, the City is using a consultant to complete TSPC and traffic engineering tasks. The administrative functions are being absorbed by remaining staff. Revenue Source: Gas Tax: 100%. Job Description & Salary Schedule: “Senior” position title doesn’t currently exist. A “Senior” Engineer will be added to the Civil Engineer series at a salary between the “Associate” and “Principal” levels. Staff will work with HR on appropriate salary and job description. Fiscal Impact: Difference between an Associate Civil Engineer, Step 5 and a Senior Civil Engineer, Step 5.

Proactive Planning 28,740 28,740 -
Add 1.0 Principal Civil Engineer Step 5 temporary full-time position. Public Works recommends bringing on a Principal Civil Engineer dedicated to managing the Tanforan Redevelopment Project and other capital projects. Revenue Source: Tanforan Development Agreement: 100% (or CIP Projects as Assigned)time position.

Proactive Planning 199,285 199,285 -
Add 1.0 Senior Civil Engineer, Step 5. This Senior-level Engineering position will oversee management and completion of capital projects – with primary emphasis on projects identified in the Water and Wastewater Master Plans and funded in the 2017 Council-approved Water and Wastewater Rate Study. Public Works is under-staffed to complete the schedule of projects outlined and funded in the annual capital improvement program budget and identified in the 2017 Council-approved Water and Wastewater Rate Study. Bringing on consultants can only provide support to a certain extent. A Senior Engineer is needed to coordinate and supervise specific programs, more junior level engineering staff, and consultants. Each consultant needs oversight by a staff engineer and those staff engineers need to be supervised by a Senior Engineer to help provide guidance and direction. The number of backlogged projects that could move forward are limited by the heavy project workload already being managed by overburdened staff engineers. Revenue Source: Capital Projects: 85%; Enterprise Fund:
15%. Job Description & Salary Schedule: “Senior” position title doesn’t currently exist. A “Senior” Engineer will be added to the Civil Engineer series at a salary between the “Associate” and “Principal” levels. Staff will work with HR on appropriate salary and job description.

Proactive Planning 185,000 185,000 -
Add 1.0 Associate Civil Engineer, Step 5. This Associate Engineering position will oversee management and completion of capital projects – with emphasis on the streets program and to implement projects from Measure G along with projects identified in the Water and Wastewater Master Plans and funded in the 2017 Council-approved Water and Wastewater Rate Study. This position will work on street paving and related projects identified in the annual capital improvement program. With the growth in street improvements, an additional engineer is needed to implement and deliver additional pavement management projects. Public Works is under-staffed to complete the schedule of projects outlined and funded in the annual capital improvement program budget and identified in the 2017 Council-approved Water and Wastewater Rate Study and Measure G funded Paving Projects.

Consultants are being brought on in various phases to help with the timely delivery of CIP projects, which includes Measure G funded paving projects. Each consultant still needs oversight by a staff engineer to assure projects are delivered and City-wide goals are met. The number of backlogged projects that can move forward is limited by the heavy workload already being managed by overburdened staff engineers. The project workload has increased significantly to a point that the overburdened staff engineers are experiencing burnout. Revenue Source: Capital Projects: 85%; Gas Tax: 15
Proactive Planning 170,545 170,545 -
Citywide Traffic Speed Study Proactive Planning 40,000 40,000 Temporary Engineering Assistance with projects, Engineering counter, and permits Proactive Planning 0 25,000 25,000 Public Works Admin & Eng Total $583,570 65,000$ 583,570$ $65,000 Attachment 2: Adopted FY 2022-23 Enhancements for the General Fund and All Other Funds

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Cost
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Costs
New Revenue
/ Allocation /
(Expenditure)
Net Impact
on Fund
Summary of Proposed Budget Enhancements
Budget Enhancement Request
PW Streets
Add 1.0 Management Analyst II, Step 3 position to be funded 85% Enterprise Fund (Wastewater: 40%, Water: 40%, Stormwater: 5%), 10% Internal Services Fund (Garage 5%, Facilities: 5%) and 5% General Fund (Streets 5%). This position will have a working title of “Business Application Support Analyst” but will be hired under the job classification title of “Management Analyst II”. The analyst position will be established to address many of the recommendations from the “City of San Bruno Public Works Department Organizational Assessment” prepared by Municipal Resource Group, LLC.

This position will focus mainly on application enhancements that will coordinate the Department’s implementation of GIS, CMMS, Asset Management across all Operation Divisions to schedule and track work, manage assets, and eliminate the duplicative manual scheduling and tracking of systems.

Furthermore, this position will also focus supporting the Engineering’s section’s effort to identify and implement a project management software and develop procedures and processes related to project management. This position will also support the My Government Online permitting system implementation effort to reduce double entry and manual tracking of permits. From the business perspective, this position will help create or streamline business workflows that are needed to automate processes with the applications described above. The key value of the business analyst is to analyze workflow and design business processes and workflow strategies that can utilize software applications to access, retrieve, define data rules/relationships, and methods of quality control of databases to leverage all software applications to help report and provide insight into metrics of the department.

Currently there is not a function like this for the City or Department. Another recommendation achieved is to evaluate the City’s contract with Lynx technologies to ensure that all necessary GIS-related services are provided, and that all necessary or desired system features are functional. This position will help satisfy a staffing recommendation to consider creating a position dedicated to asset management so as to ensure that the data over time with the advent of new systems and equipment have a level of reliability. The application efforts that the business analyst will work on should help to provide the data needed to achieve the departments organizational and operational effectiveness goals, as recommended, by setting the foundation to establish performance and workload metrics for the Department, identify and track timelines for response to common service requests, appropriately resource staffing levels to deliver the Capital Improvement Program, aid in developing a more structured approach to identifying, prioritizing, and performing street maintenance activities in the Streets & Stormwater Division such as contracting out easily measured and verified work in the Street’s Division. This position will coordinate the input/maintenance of vital infrastructure inventories and update them as crews make repairs and capital improvements are completed.

Proactive Planning 7,373 - - 7,373 Public Works Streets Total $7,373 -$ -$ $7,373 Planning
Consultant Services for General Plan and Zoning Amendments- The City continues to finalize its next Housing Element Update and is initiating its General Plan update to be compliant with applicable State houses and to explore new ways to solve the State’s housing crisis. Consultant services in preparation for the associated General Plan and Zoning Amendments and environmental documents for selected properties is necessary. $24,000 will be funded by General Plan Maintenance revenue.

Proactive Planning 100,000 24,000 76,000
Consultant services for the update of the General Plan Safety Element- The City is initiating a General Plan Safety Element to address climate adaptation and resiliency strategies, and fire hazard severity zones, in compliance with State law.

Protect & Improve
Community
Aesthetics and

70,000 70,000
Consultant services for the Housing Element Update (FY22-23) for CEQA and Water Study- The City anticipates to seek proposals from qualified consultants to prepare the environmental analysis and water study to complete the required Housing Element Update, under State law, in a manner consistent with the Regional Housing Needs Allocation planning period. City’s Housing Element Update is required to be approved by City Council and certified by HCD by January 2023.

Proactive Planning 120,000 120,000
Planning Total $0 290,000$ 94,000$ $196,000 Building
Add Consultant for in-house Plans Examiner services. The City has been providing increased over the counter (OTC) services to applicants for plan checking services. With an in-house Plan Examiner, applicants will receive additional opportunity for faster plan review services and further assistance on comments and corrections. CED is requesting a Contract Plans Examiner providing 24 hours of in-house plan check per week. The applicant will be charged for the hourly contracted rate and the services will be cost recoverable.

Proactive Planning 141,960 141,960 0
Contract On-Demand Senior Building Inspector - The City is experiencing an increase in development activities which will require more capacity to support field building inspectors for larger and more complex development projects. Additional on-demand building inspector service provided by qualified consultants firms for up to 36 hours (4 working days) a week would be necessary to ensure smooth department operation.

Proactive Planning 250,000 250,000 0
Building Total $0 $391,960 $391,960 $0
Attachment 2: Adopted FY 2022-23 Enhancements for the General Fund and All Other Funds

103 of 120

City of San Bruno
FY2022-23 Budget
City Council
Priority & Focus
Area
New Ongoing
Cost
One-Time
Costs
New Revenue
/ Allocation /
(Expenditure)
Net Impact
on Fund
Summary of Proposed Budget Enhancements
Budget Enhancement Request
Parks Maintenance
Reclassify 1.0 Maintenance Worker I/II to Lead Maintenance Worker and 1.0 Maintenance Worker I/II to Community Services Technician I/II - The Parks Division is requesting classification changes to two Park Maintenance Worker I/II positions to better manage the work of the Division. An assessment of the Parks Division indicated two areas of work that, with a minor reorganization of staffing, will yield greater efficiencies in service delivery: repair and maintenance of our aging parks infrastructure and the facilitation of the tree program and service requests. The Parks Maintenance Worker Lead will be responsible for repair of aging infrastructure items such as irrigation, fencing, signage, sports facilities, drinking fountains, park amenities, and special projects. Grouping this repair work for a new crew will allow a more focused service delivery by the two existing crews that focus on the daily landscape and softscape work in our parks. Additionally, one of the Parks Maintenance Worker I/II positions is requested to be converted to a Community Services Technician I/II. This is a new classification that will be similar to the Community Development Technician I/II in terms of their responsibility for a permitting program (Trees) and coordination of SB responds service requests. This function is currently distributed between Administration and Parks, resulting in an inefficient service delivery model. Full assignment of permits and SB responds to the Parks Division will appropriately assign this work to subject-matter experts, create a more streamlined process, and provide improved service delivery to our residents.

Proactive Planning 261,686 235,333 26,353 Parks Maintenance Total 261,686 -$ 235,333$ 26,353 Central Garage
Add 1.0 Management Analyst II, Step 3 position to be funded 85% Enterprise Fund (Wastewater: 40%, Water: 40%, Stormwater: 5%), 10% Internal Services Fund (Garage 5%, Facilities: 5%) and 5% General Fund (Streets 5%). See full explanation under Streets Proactive Planning 7,373 - - 7,373 Fleet Study Proactive Planning 60,000 60,000 Contract repair of diesel and specialty City Vehicles and equipment Proactive Planning 15,000 15,000 Central Garage Total 22,373 60,000$ -$ 82,373 Building and Facilities
Add 1.0 Management Analyst II, Step 3 position to be funded 85% Enterprise Fund (Wastewater: 40%, Water: 40%, Stormwater: 5%), 10% Internal Services Fund (Garage 5%, Facilities: 5%) and 5% General Fund (Streets 5%). See full explanation under Streets Proactive Planning 7,373 - - 7,373 San Mateo Avenue decorative street lighting maintenance Proactive Planning 10,000 - 10,000 Backflow testing and certification Proactive Planning 7,500 - 7,500 Generator contract maintenance Proactive Planning 20,000 - 20,000 HVAC contract maintenance Proactive Planning 16,000 - 16,000 Roof contract maintenance Proactive Planning 14,000 - 14,000 Building and Facilities Total $74,873 -$ -$ $74,873 Information Technology
New City phone system maintenance support. Reocurring annual maintenance contract for the new phone system from CIP phone upgrade.

Proactive Planning 25,000 25,000
CivicPlus-City Website Hosting Service, including Emergency and Mass Notification platform with Multi-Channel Alerting, NOAA Weather Alerts. Ongoing City website service hosting. Currently Proactive Planning 27,000 27,000
City Wide SMS communication system. The City always makes communication a priority, but it is especially important during times of emergency. SMS/MMS messaging systems can help provide alerts during such critical moments, as well as improve information exchanges with the public on a day-to-day basis. The City currently lacks a SMS communication system to send mass notifications and time- critical alerts.

Proactive Planning 5,000 5,000
Macrium imaging tool. Imaging application to automate deployment of desktops/laptops to save IT staff time. Currently deployed.

Proactive Planning 600 600
Citrix Cloud Navigator. Feature to allow mapping of OneDrive cloud file hosting service in Citrix environment. Currently deployed.

Proactive Planning 4,500 4,500
2 network switches - Police and Parks & Recreation. Current equipment not covered under a maintenance contract and are critical to the Police Department phone and data network and the Parks and Recreation network infrastructure.

Proactive Planning 12,000 12,000
Information Technology Total 62,100 12,000$ -$ $74,100 Internal Service Funds
Attachment 2: Adopted FY 2022-23 Enhancements for the General Fund and All Other Funds

104 of 120

City of San Bruno
FY2022-23 Budget
City Council
Priority & Focus
Area
New Ongoing
Cost
One-Time
Costs
New Revenue
/ Allocation /
(Expenditure)
Net Impact
on Fund
Summary of Proposed Budget Enhancements
Budget Enhancement Request
Water Enterprise
Add 1.0 Management Analyst II, Step 3 position to be funded 85% Enterprise Fund (Wastewater: 40%, Water: 40%, Stormwater: 5%), 10% Internal Services Fund (Garage 5%, Facilities: 5%) and 5% General Fund (Streets 5%). See full explanation under Streets Proactive Planning 58,984 - - 5 8,984
Capital Project Accountant - Funded by enterprise funds (50% Water and 50% Wastewater) to provide financial support for Water and Wastewater funds, including PO management, invoiceing, reconciliation, reporting. This position reports to Finance.

Proactive Planning 65,877 65,877
Overtime Proactive Planning 50,000 - 5 0,000 Treatment of Wells Proactive Planning 80,000 - - 8 0,000 Water Quality testing for Wells Proactive Planning 67,000 - - 6 7,000 Pipes, Fittings, and replacement parts Proactive Planning 55,000 - - 5 5,000 Treatment of testing supplies for tanks Proactive Planning 11,000 - - 1 1,000 Water Quality treatment feed pumps, chlorine analyzer, and supplies Proactive Planning 7,000 - - 7 ,000 Radio tower base station and water meter technology maintenance and monitoring Proactive Planning 10,000 - - 1 0,000 Annual Water Supply & Demand Assessment and Shortage Report Proactive Planning 10,000 - - 1 0,000 Hach water quality testing supplies Proactive Planning 55,000 - 5 5,000 RCS unit tools and repair equipment Proactive Planning 15,000 - 1 5,000 16-inch ductile iron chansaw Proactive Planning 5,000 - 5 ,000 Emergency scene lights Proactive Planning 5,000 - 5 ,000 Water Enterprise Total 364,861 130,000 0 4 94,861 Stormwater Enterprise
Add 1.0 Management Analyst II, Step 3 position to be funded 85% Enterprise Fund (Wastewater: 40%, Water: 40%, Stormwater: 5%), 10% Internal Services Fund (Garage 5%, Facilities: 5%) and 5% General Fund (Streets 5%). See full explanation under Streets Proactive Planning 7,373 - - 7 ,373
Stormwater contract spot repair, including replacement of conveyance pipe, culverts, catch basins, inlets, emergency response, and other related services as needed Proactive Planning 100,000 100,000
Sidewalk monthly pressure washing services Proactive Planning 52,400 5 2,400 Stormwater Enterprise Total 59,773 100,000 0 1 59,773 Wastewater Enterprise
Add 1.0 Management Analyst II, Step 3 position to be funded 85% Enterprise Fund (Wastewater: 40%, Water: 40%, Stormwater: 5%), 10% Internal Services Fund (Garage 5%, Facilities: 5%) and 5% General Fund (Streets 5%). See full explanation under Streets Proactive Planning 58,984 - - 5 8,984
Capital Project Accountant - Funded by enterprise funds (50% Water and 50% Wastewater) to provide financial support for Water and Wastewater funds, including PO management, invoiceing, reconciliation, reporting. This position reports to Finance.

Proactive Planning 65,877 65,877
Wastewater Master Plan Update Proactive Planning 100,000 - 1 00,000 Sanitary Sewer Management Plan Update Proactive Planning 60,000 - 6 0,000 Spare pump at Lomita Pump Station Proactive Planning 30,000 - 3 0,000 Replacement tractor and wheel kit for sewer pirpe video inspections Proactive Planning 23,000 - 2 3,000 Upgrade sewer pipe video inspection (CCTV) software Proactive Planning 22,000 - 2 2,000 Wastewater Enterprise Total 124,861 235,000$ -$ 359,861 Total Supplemental Requests $2,323,119 $1,358,760 1,315,863$ $2,366,016 Total General Fund Costs 1,614,277$ 821,760$ 1,315,863$ 1,120,174$ Total American Rescue Plan Act Fund Costs -$ -$
-$ -$

Total Measure G Costs -$ -$
-$ -$

Total Internal Service Funds Costs 159,346$ 72,000$ -$ 231,346$ Total Enterprise Funds Costs 549,496$ 465,000$ -$ 1, 014,496$ Enterprise Funds
Attachment 2: Adopted FY 2022-23 Enhancements for the General Fund and All Other Funds

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Attachment 3: Summary of Adopted Budget Amendments and Enhancements from July 1, 2022 - December 31, 2022
1 2
5 Item Amount Date Adoption Details
Expenditure Budget Amendments, excluding Service Level Enhancements Adopt Resolution Authorizes the City
Manager to Amend the FY2022-23
Stormwater Operating Contractual
Services Budget for Stormwater System
Spot Repair
110,000 Aug-22 Reso# 2022-79
Resolution Waiving the Encroachment
Permit Fees, Staff Labor Reimbursement
Fees, and Insurance Rider Premium Cost
and Appropriating $636.21 From General
Funds for a Holiday Party Road Closure
on Glen Avenue
636 Nov-22 Reso# 2022-110
Q1 FY22-23 Budget Amendment -
$33,589 expenditure increase for LawNet
Messaging Switch.
33,589 Nov-22
Q1 FY 2023 Budget
Amendment - Reso # 2022-
107
Q1 FY22-23 Budget Amendment -
$785,000 for Consultant Off-Site Plan
Check Services.
785,000 Nov-22
Q1 FY 2023 Budget
Amendment - Reso # 2022-
107
Q1 FY22-23 Budget Amendment - tools &
equipment in the amount of $26,000 for
Replacement of self-checkout machines
and security gates.
26,000 Nov-22
Q1 FY 2023 Budget
Amendment - Reso # 2022-
107
Adopt Resolution Authorizing the Newly
Created Property and Evidence Job
Classification and Amending the Salary
Range for the Position
1,871 Dec-22 Reso# 2022-121
Budget Transfer from Self -Insurance
Worker’s Compensation Fund to cover
external legal fees for invoices received
Jul22 thru Oct22
64,000 Dec-22 City Manager’s delegated
authority
Purchase Order Carryovers from FY2021-
22 1,097,533 Nov-22
Q1 FY 2023 Budget
Amendment - Reso # 2022-
107

106 of 120

Total Expenditure Budget
Amendments, excluding Service Level
Enhancements

1,097,533
Service Level Enhancement Expenditure Budget Amendments Service Level Enhancements (Ongoing) 1,614,277 Jul-22
Service Level Enhancements (One-Time) $821,760 Jul-22
Total Service Level Enhancement
Expenditure Budget Amendments $4,554,666
Revenues Budget Amendments, excluding Service Level Enhancements Artichoke Joe's Revenue Agreement for
Police Services - $225,000 per fiscal
quarter
900,000 Jul-22 Municipal Agreement Dated
7/20/22
Q1 FY22-23 Budget Amendment -
$785,000 for Consultant Off-Site Plan
Check Services.
785,000 Nov-22
Q1 FY 2023 Budget
Amendment - Reso # 2022-
107
Total Revenues Budget Amendments,
excluding Service Level Enhancements
$1,685,000
Budget Amendments (Revenues)
Service Level Enhancements (New
Revenue/Allocation) 1,315,863 Jul-22
Total Budget Amendments (Revenues) $3,000,863

107 of 120

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:February 28, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Bobby Magee, Interim Finance Director
SUBJECT: Authorize the City Manager to Negotiate and Enter Into an Agreement With Tyler Technologies, Inc. for the Upgrade to Enterprise Resource Planning (ERP) Munis Software, Along With Related Business Process and Implementation Services, and Support Services; and Authorize the City Manager to Negotiate and Enter Into an Agreement With OpenGov for Procurement Software, Along With Related Business Process and Implementation Services, and Support Services, for a Total Amount Not to Exceed $800,000
BACKGROUND:

The City of San Bruno currently uses Tyler Technologies’ Eden software suite as its Enterprise Resource Planning (ERP) tool. The Eden ERP software provides functionality critical for day-to- day operations. The City’s General Ledger, Budget, Payroll, Human Resources Information System, Accounts Payable/Receivable all rely on the Eden ERP to accurately track revenues, expenditures and current values.

Tyler Technologies has informed the City that the Eden ERP software will be replaced by their new product, Tyler MUNIS ERP, and that the Eden ERP software would no longer be supported after March 1, 2027.

DISCUSSION:

Given the criticality of the Eden ERP software to the City, the Finance department staff immediately begin researching options for replacement, including alternative ERP software from other vendors as well as upgrading to the Tyler MUNIS software.

In discussions with other Cities and their experiences in ERP upgrades / migrations, it quickly became apparent that the most cost-effective solution would be to do a direct upgrade from Tyler Eden to Tyler MUNIS. For example, some municipalities hired consultants to development a Request for Proposal if in-house expertise wasn’t available, and sometimes even involved writing an initial Request for Proposal for a consultant for develop the eventual ERP Request for Proposal; with both processes taking multiple months of time and effort. Staff actively engaged in discussions with cities that have gone through this process recently, including the City of Riverside, the Town of Apple Valley, San Rafael, Cupertino, and West Hollywood.

108 of 120

Honorable Mayor and Members of the City Council
February 28, 2023

Page 2 of 3 ends

Based on the information learned, the Finance Department had Tyler Technologies provide all key City staff the opportunity to see complete demonstrations of the new software’s functionality, and pose any questions/concerns that arose either from the demonstrations, or current unmet needs within the Eden ERP software. The Finance Department did not receive any negative comments regarding the new Tyler MUNIS software nor about using direct- upgrade approach to replace Tyler Eden.

The Tyler MUNIS ERP software is a “state of the art” and “best in class” offering. It will provide multiple increases in functionality as compared to the Eden ERP software including industry best practices for security, features and functionality, use of a cloud-based Software as a Service (SaaS) platform rather than the on-premise model used with the Eden ERP software resulting in reduced capital expense for on-premise computer hardware / equipment, automatic software upgrades, and automatic database maintenance updates. Additionally, Tyler Technologies will provide cloud-based redundancy for the MUNIS ERP software, so, in the event of a disaster the City will still be able to access its data and perform key functions.

During staff’s research of potential replacements for the Tyler Eden ERP software, consideration was made of using a “best in class” approach. The City has traditionally used the “best in class” approach for software; using specialized software rather than a “one size fits all” type of offering typically provides functionality that enhance Department operations. In the case of replacement of Tyler Technologies Eden ERP software, the only area identified as a strong candidate for looking beyond Tyler Technologies MUNIS ERP software was procurement/purchasing. Based on this perception, staff identified and evaluated an offering from OpenGov, a vendor in the municipal software marketplace as an alternative to using the Tyler Technologies MUNIS purchasing software.

In a decentralized procurement environment such as the City of San Bruno, the OpenGov procurement software provides a number of additional features over its competitors that will assist staff with creating highly effective solicitations, which will help identify the “best value” for the particular good or service, and maximize the value for the City’s expenditures. For example, the OpenGov procurement software contains logic within its programming that guides end users with best practices for appropriate solicitation methods, contains a database of solicitations and similar scopes of work that other municipalities have successfully completed, and contains a network of professionals that are available to the City for solicitation advice.

Based on the fact that the City has to replace the Tyler Technologies Eden ERP software, evaluation of both Tyler Technologies MUNIS ERP software, and OpenGov’e procurement software, staff is recommending that the City upgrade to Tyler Technologies MUNIS ERP software for all functionality with the exception of procurement, which would be provided by OpenGov.

The City’s Procurement Ordinance requires contracts to be competitively procured, but also allows for the City to utilize the procurement process through joint purchasing solicitations. In this case, the Tyler contract available to the City has been competitively procured through Sourcewell, and the OpenGov contract available to the City has been competitively procured through NASPO.

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Honorable Mayor and Members of the City Council
February 28, 2023

Page 3 of 3 ends

FISCAL IMPACT:

The City currently has $1,184,480 budgeted and allocated to upgrade/replacement of the Tyler Eden ERP software, and as noted in last year’s budget book staff will request an additional $800,000 in appropriations for the project for FY 2023-24 for staff time and consultants cost for work associated with both the Tyler Technologies EFP software upgrade, and implementation of OpenGov Procurement.

The City asked Tyler Technologies to provide a “not to exceed” pricing contract for the upgrade of Eden to Tyler MUNIS. How this agreement is structured is that Tyler Technologies has estimated the maximum number of hours of professional services (which will be used to understand San Bruno’s fiscal environment and business processes and correctly configure the MUNIS software) they expect could be needed for the project, and Tyler Technologies also included the dollar amount associated with those hours in the agreement. If more professional services are required to complete the project than are included in the contract, the City will not be billed for those services. In addition, if less hours of professional services are required (either due to efficiencies from staff effort in San Bruno, or Tyler Technology over-estimating the number of hours required for a particular task) the City will not be billed. This pricing model is advantageous for the City.

The estimated cost of implementation and related support services for the upgrade of Tyler Technologies Eden ERP software to MUNIS software (~$700,000) and OpenGov’s procurement software (~$100,000) is approximately $800,000. This figure includes fixed costs for the implementation process and expert consulting services for both the Information Technology Division and the Finance Department. The remainder of the $1,184,480 within the Project budget will be used for internal costs associated with the Project, and as a contingency fund for the Project. The final costs for both Tyler MUNIS and OpenGov Procurement will be refined via the contract negotiation and finalization processes.

RECOMMENDATION:

Authorize the City Manager to negotiate and enter into an Agreement with Tyler Techologies Inc. for the upgrade to its ERP MUNIS software, and OpenGov for its procurement software, along with related business process and implementation services, and support services, in an amount not to exceed $800,000.

ALTERNATIVES:

1. Direct staff to conduct an RFP process to find other ERP solutions.

2. Deny the recommended action and continue with the Eden ERP.

ATTACHMENTS:

1. Resolution

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1 4
2 8
RESOLUTION NO. 2023 - __

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR THE UPGRADE TO

ENTERPRISE RESOURCE PLANNING (ERP) MUNIS SOFTWARE, ALONG WITH

RELATED BUSINESS PROCESS AND IMPLEMENTATION SERVICES, AND SUPPORT SERVICES; AND

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER

INTO AN AGREEMENT WITH OPENGOV FOR PROCUREMENT SOFTWARE,

ALONG WITH RELATED BUSINESS PROCESS AND IMPLEMENTATION SERVICES, AND SUPPORT SERVICES, FOR A TOTAL AMOUNT NOT TO EXCEED $800,000.

WHEREAS the City Council adopted the 2022-23 Operating and FY2022-26 Capital Improvement Program Budget on June 28, 2022, and WHEREAS the 2022-26 Capital Improvement Program Budget identifies the Enterprise Resource Planning (ERP) system as reaching to its end of life requiring an upgrade, and
WHEREAS the Finance Department has evaluated a number of financial software packages and has determined that an upgrade to MUNIS software will best meet the needs of the organization, and
WHEREAS the Finance Department evaluated procurement software and has determined that OpenGov offers the best system to best meet the needs of the organization, and
NOW THEREFORE, BE IT RESOLVED, that the San Bruno City Council hereby authorizes the City Manager to negotiate and enter into agreements with Tyler Technologies - MUNIS Software for Enterprise Resource Planning and OpenGov for Procurement Software along with related business process and implementation services, and support services, in an amount not to exceed $800,000.
---oOo---
I hereby certify that foregoing Resolution No. 2023 -
was adopted by the San Bruno City Council at a regular meeting on February 28, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:
_________________________________
Lupita Huerta, City Clerk

111 of 120

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:February 28, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Cora Dino, Chief People Officer
SUBJECT: Consider Adoption of a Resolution Adopting Pay Scale for the City Manager Job Classification
BACKGROUND: Beginning January 1, 2023, California’s new pay transparency law requiring pay scales in job openings went into effect. Senate Bill 1162 requires employers with 15 or more employees (at least one of whom is located in California) to post a pay scale in any job advertisement or job posting, including positions posted by third parties. “Pay scale” is defined as either the salary or hourly wage range. The goal of the California law is to reduce gender and racial pay gaps.

DISCUSSION: With this new legislation and anticipated City Manager vacancy, staff proposes a pay scale be established for the City Manager job classification in preparation for the upcoming executive search and job posting.

Staff conducted a salary survey with eleven cities, historically used, all in the County of San Mateo, as well as two additional cities Brisbane and San Carlos. The salary survey can be found on Attachment 2 to this staff report. Current City Manager base salaries for the surveyed cities range from a low of$267,490 per year (Pacifica) to a high of $376,870 per year (Daly City).

Most of these cities hired their City Managers prior to the new requirement to set a salary range and thus, few cities have a published salary range for the position. One city, Menlo Park, has a city manager pay scale of $203,533 – $281,111 per year, and two cities (South San Francisco and San Mateo) will soon embark on a city manager recruitment and are anticipated to set a salary range for the position within the coming weeks/months.

The City of San Bruno’s current City Manager’s base pay is $284,028 per year. The City of San Bruno’s next highest paid executives are the Police Chief and Fire Chief job classifications, both with a pay scale of $211,428 – $259,464 per year, effective January 2023. It is important to note that the San Bruno City Council has approved future salary increases for the public safety chiefs of 5% in January 2024 and 3% in January 2025. Together, the increases will bring the salaries of the public safety chiefs to $280,610 in January 2025.

Typically, there is at least a 10% salary difference between the direct report’s top step to that of the first step of their manager. The salary survey shows average city manager salary is set approximately 16% above the next highest-paid executive. In order to provide the City Council with maximum flexibility, staff recommends establishing a salary scale for the San Bruno city manager position that is a minimum of 10% above the top step of the highest paid executive.

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Honorable Mayor and Members of the City Council
February 28, 2023

Page 2 of 2 ends

The City Council will not be bound to start the next City Manager at the minimum level and can set the initial salary anywhere within the established range.

As noted above, two cities in San Mateo County will be recruiting for City Managers in the next couple of months. The City of South San Francisco has a vacancy and will begin its executive search about the same time as San Bruno. The former South San Francisco city manager’s pay was $307,590 per year. Additionally, the City of San Mateo’s City Manager (who currently earns $283,863 per year) has announced his retirement in June and recruitment would overlap with San Bruno’s recruitment.

Based on an analysis, staff proposes a pay scale of $285,410 – $385,000 per year. This range is intentionally set wide to provide the City Council the latitude to appoint a qualified city manager within the range commensurate with relevant experience. Additionally, the proposed pay scale ensures the City’s pay scale is competitive in order to attract top talent to lead San Bruno as well as ensure a proper pay differential between the city manager and the highest paid executive. The pay scale also provides capacity for future COLA and other merit increases that the Council may negotiate in a multi-year contract for San Bruno’s next City Manager.

FISCAL IMPACT: There is no direct fiscal impact from the establishment of a salary scale for the City Manager’s position. However, depending on the future compensation that the City Council authorizes for the next City Manager, there may be a need to adjust appropriations to the City Manager’s Office to cover any additional compensation expenses.

ENVIRONMENTAL IMPACT: There is no environmental impact.

RECOMMENDATION: Consider Adoption of a Resolution Establishing a Pay Scale for the City Manager Job Classification of $285,410 – $385,000 per year.

ALTERNATIVES:

1. Modify the pay scale

2. Reject the pay scale
ATTACHMENTS:

1. Resolution with Pay Scale

2. City Manager Position Base Salary Comparison Table

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RESOLUTION NO. 2023–

RESOLUTION APPROVING A PAY SCALE FOR

CITY MANAGER JOB CLASSIFICATION
WHEREAS, on January 1, 2023, California’s new pay transparency law required pay scales in any job advertisements or job posting, including positions posted by third parties; and
WHEREAS, pay scales are defined as either the salary or hourly wage range; and
WHEREAS, the goal of the California law is to reduce gender and racial pay gaps; and
WHEREAS, the City will have a City Manager vacancy and will be required to post a pay scale; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Bruno that it hereby approves the following pay scale:

City Manager, Effective June 1, 2023
$285,410 - $385,000 per year
BE IT FURTHER RESOLVED that the City Council is hereby authorized to approve a pay scale for city manager job classification. --oOo—
I hereby certify the foregoing Resolution No. _____ was introduced and adopted by the San Bruno City Council, at a regular meeting on February 28, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
________________________________
Lupita Huerta, City Clerk

114 of 120

City Manager Position Salary Comparison, February 2023
Produced for the San Bruno City Council
Low High Next Highest Paid Exec.

Belmont 308,616 291,459 6% City Attorney Burlingame 274,460 241,373 14% City Attorney Daly City 376,870 254,442 48% City Attorney Foster City 274,000 250,000 10% Asst. City Mgr.

Hillsborough 273,182 209,976 30% Police Chief Menlo Park 275,000 203,533 281,111 257,685 7% ACM & Police Chief Millbrae 275,141 227,161 21% Asst. City Mgr.

Pacifica 254,792 230,232 11% Police Chief Redwood City 334,248 285,072 17% City Attorney San Mateo 283,864 TBD TBD 265,200 7% Police Chief South San Francisco 336,689 TBD TBD 321,072 5% Police Chief Average 296,987 203,533 281,111 257,607 16% Median 275,141 203,533 281,111 254,442 11% Brisbane 295,651 259,448 14% Police Chief San Carlos 295,626 244,151 21% Asst. City Mgr.

Average 295,639 251,800 18% Median 295,639 251,800 18% Average 296,780 203,533 281,111 256,713 16% Median 283,864 203,533 281,111 254,442 14% San Bruno (present) 284,068 n/a n/a 259,464 9% Police Chief/Fire Chief San Bruno (recommended) 285,410 385,000 CM Compaction w/ Next
Highest Paid Exec.

Historical Comparison Cities
Other Comparison Cities
All Comparison Cities
CM Range
(if established)2023 City Manager Base
Salary
Top Step Salary for Next
Highest Paid Exec.City

115 of 120

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:February 28, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Matthew Lee, P.E., Public Works Director
SUBJECT: Conduct Study Session for the Draft Final Local Roadway Safety Plan BACKGROUND:

A Local Roadway Safety Plan (LRSP) is a comprehensive plan that creates a framework to systematically identify and analyze traffic safety related issues and recommend projects and countermeasures to enhance safety for all modes of transportation. It aims to reduce fatal and severe injury (F+SI) collisions through a prioritized list of improvements that can enhance safety for all modes of transportation on local roadways.

The LRSP takes a proactive approach to addressing safety needs. It is viewed as a guidance document that can be a source of information and ideas. It is also a living document that is routinely reviewed and updated by an agency and their safety partners to reflect evolving collision trends and community needs and priorities. An agency can use the LRSP as a guide when applying for grant funds. Certain grant funds, such as the federal Highway Safety Improvement Program, require agencies to have an adopted LRSP to be eligible to receive funding. The LRSP summarizes an analysis of collisions, identifies high-injury locations, and recommends countermeasures at each of these high-risk locations.

In February 2020, the City was awarded grant funding in the amount of $72,000 by the California Department of Transportation (Caltrans) LRSP Program to develop the plan for the City. In March 2020, a Program Supplemental Agreement was executed, which obligated the City to adopt the LRSP by March 2023.

The City issued a Request for Proposals (RFP) in February 2021 for professional consulting services for the development and preparation of a Local Roadway Safety Plan. Staff received two proposals responding to the scope of the RFP and conducted an evaluation on the received proposals.

On July 27, 2021, the City Council adopted a resolution authorizing the City Manager to execute an agreement with TJKM Transportation Consultants for the development of its LRSP.

On August 4, 2021, Staff presented to the City Traffic Safety and Parking Committee (TSPC) the scope of the LRSP.

In December 2021, the TSPC selected two committee members to participate in the January 24, 2022 stakeholder group meeting. That meeting also included: San Bruno Police Department, San Bruno Fire Department, San Bruno Park School District, two members of the San Bruno

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0 Bicycle and Pedestrian Advisory Committee, and City of San Bruno residents, who reviewed the project goals and findings. They also provided input on the LRSP.

The findings of the draft LRSP were presented to the TSPC in its February 2023 meeting, along with a copy of the draft plan.

DISCUSSION:

The Draft Final LRSP is available on the San Bruno City Website at the following link:
https://www.sanbruno.ca.gov/DocumentCenter/View/4058/San-Bruno-LRSP_DraftFinalReport The development of the LRSP followed guidelines provided by Caltrans and involved the following steps:
1) Develop plan goals and objectives;
2) Analyze collision data;
3) Meet with stakeholders/safety partners;
4) Determine emphasis areas and identify crash reduction strategies; 5) Prioritize countermeasures/projects; and
6) Prepare the LRSP.

Goals of the LRSP
Staff identified 5 goals of the LRSP and was reviewed with the stakeholders at the stakeholder meeting. These goals are:
1) Identify and analyze road safety issues from a systemic perspective and recommend improvements;
2) Improve pedestrian and bicyclist safety through the application of proven effective countermeasures;
3) Coordinate the actions of key stakeholders to implement road safety improvements and Emergency response in the City of San Bruno;
4) Continually seek funding for safety improvements; and 5) Ensure that all safety improvements are made in a fair and equitable manner for all residents of the City of San Bruno.

Collision Data
Collision data were obtained for a five-year period from 2015 to 2019 from the California Highway Patrol’s Statewide Integrated Traffic Records System and the University of California at Berkeley’s Transportation Injury Mapping Service. For the purpose of this report, the data was analyzed for a five-year period from 2015 to 2019 from Transportation Injury Mapping Service's Traffic Collision Database.

Public Comments
Public comments were solicited from the public via social media, TSPC, and Bicycle and Pedestrian Advisory Committee to input their concerns on an interactive website established by staff. The figure below shows the locations of the comments and their concern.

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0 Figure 1: Public Comments on Traffic Safety by Location

Collision Trends
Overall total collisions have been on the decline over the 5-year period. The highest number of collisions were observed in 2016 and the lowest number of collisions were observed in 2019.

Fatal and severe injury collisions were observed to be the lowest in 2016, and the highest in 2017 and have been on the decline through 2019.

A larger majority of collisions occur at or near intersections versus roadway segments. The largest percentage of fatal and severe injury collisions are involving vehicles/pedestrians.

High Risk Locations
The collision analysis was performed on all City streets. The corridors were ranked to show the top 11 high-severity and collision intersections and top 10 high-severity and collision roadway segments. These are represented by the blue lines with letters and yellow circles with numbers in the map below.

There were some commonalities between locations of the public comments received on the website and the high-risk locations. El Camino Real, San Bruno Avenue, Cherry Avenue,

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0 Crystal Springs Road, Huntington Avenue, and San Mateo Avenue showed up high on both the public comments list and in the collision data.

Figure 2: San Bruno High Injury Network

Emphasis Areas
Emphasis areas are focus areas for the LRSP that are identified through the comprehensive collision analysis of the identified high injury locations within the City of San Bruno. The eight emphasis areas identified for the City of San Bruno are:

A. Improve Intersection Safety
B. Reduce Unsafe Speed
C. Improve Pedestrian and Bicyclist Safety
D. Reduce Nighttime Collisions

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F. Reduce Broadside Collisions
G. Reduce Improper Driving
H. Reduce Collisions near Schools
Recommended Projects
To address the emphasis areas listed above, the LRSP identifies specific safety improvements for all high-risk roadway segments and intersections. Specific improvements were mainly selected from the Caltrans 2020 Local Roadway Safety Manual based on the emphasis area.

Improvements in the Local Roadway Safety Manual are the only ones eligible for the Caltrans Highway Safety Improvement Plan Grant. Other improvements that are not eligible for the Caltrans Highway Safety Improvement Plan Grant were also included for consideration.

Evaluation and Future Updates
As projects are implemented, staff will evaluate the projects and update the plan as needed.

FISCAL IMPACT:

There is no fiscal impact with receiving this study session. The adopted FY 2021-22 CIP Budget included a project with appropriation for the development of the Local Roadway Safety Plan.

The project is funded with $72,000 of Caltrans grant funding and $33,000 of Measure A local match for a total project budget of $105,000.

ENVIRONMENTAL IMPACT:

None.

RECOMMENDATION:

Conduct study session and provide comments on the Draft Final Local Roadway Safety Plan ALTERNATIVES:

None.

ATTACHMENTS:

None.

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San Bruno City Council
February 28, 2023