Agenda, regular meeting — San Bruno City Council, April 11, 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
April 11, 2023
7:00 PM
City Councilmembers and members of the public may attend in person at the San Bruno Senior Center, or by teleconference, via Zoom or telephone.

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*
Zoom Link
https://sanbrunocagov.zoom.us/j/87565540520?
pwd=S2FsNkFid3gyMWliMmhyZXBreFpYdz09
Phone Line: 16465588656
Webinar ID: 875 6554 0520
Webinar Password: 546905
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. It's Time: Registration is Now Open for San Bruno Residents to Signup for Summer Camps and Classes. Register at sanbruno.ca.gov/recsignup and Make Sure Your Spot is Saved! Non San Bruno Resident Registration Opens on April 18, 2023. b. Thank You to City Manager Jovan D. Grogan for Serving the San Bruno Community From 20182023.

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 Special Meeting Minutes for December 6, 2022, December 8, 2022, December 13, 2022, March 25, 2023 and March 28, 2023 and the Draft Regular Meeting Minutes for December 13, 2022 and March 28, 2023
b. Approve Accounts Payable for March 27, 2023
c. Accept Payroll for March 26, 2023
d. Approve Investment Report Dated February 28, 2023 and Reconciliation of General Ledger to Bank Report Dated January 31, 2023 and February 28, 2023 e. Adopt an Ordinance of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the San Bruno Municipal Code by Amending Section 12.300.070 to Limit Commercial Cannabis Retail Sales (Storefront Sales) to the Transit Corridors Plan Area MXR, TOD1, TOD 2, and PD Zones, Reduce the Number of Commercial Cannabis Retail Sales Permits From Three to One, Allow a Maximum of Two Cannabis Distribution Facility Permits in the M1 Zone North of San Bruno Avenue and East of El Camino Real, and Deleting Section 4.70.070 and Making a Finding of Exemption Under the California Environmental Quality Act f. Receive the 2022 General Plan Annual Progress Report and Authorize Transmittal to the California Department of Housing and Community Development and Governor’s Office of Planning and Research
g. Receive the Building Division Customer Service Survey Results for Quarter 2 and 3 of Fiscal Year 202223
h. Receive Written Update on the City’s Response Efforts to the Late 2022 to 2023 Winter Storms
i. Consider Adoption of a Resolution Accepting the Lara Field Parking Lot Rehabilitation 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 $49,140.33
j. Consider Adoption of a Resolution Accepting the Huntington / San Antonio Bicycle Corridor 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 $48,502.24
k. Consider Adoption of Resolution Authorizing the Public Works Director, Fire Chief and City Manager, to Authorize and Execute California Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) Documents for the Purpose of Obtaining Federal Financing Assistance for Any Existing or Future Grant Program l. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement for a Joint Training Program Between the Central County Fire Department and the City of San Bruno

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Consider Adoption of a Resolution Approving, Authorizing and Directing Execution of a Joint Exercise of Powers Agreement Related to the California Municipal Finance Authority and Approving the Issuance of Exempt Facility Bonds for a Qualified Housing Project at 732 – 740 El Camino Real by the Authority for the Purpose of Financing or Refinancing the Acquisition, Construction and Improvement of Certain Facilities for the Benefit of San Bruno Pacific Associates, a California Limited Partnership

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Consider Adoption of a Resolution Directing Staff to Initiate the Property Owner Notice and Protest Process as Required by Proposition 218 for the FY 202324 Solid Waste Rate Increase Proposed by Recology San Bruno
b. Consider Adoption of a Resolution Authorizing the Allocation of $3 Million From the General Fund Capital Reserve Fund for the Planned San Bruno CityNet Services Upgrade to Fiber Technology in Recommended Areas of San Bruno

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

11. ADJOURNMENT – The next Regular City Council Meeting will be held on April 25, 2023 at 7:00 p.m.

1 of 152

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

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

11. ADJOURNMENT – The next Regular City Council Meeting will be held on April 25, 2023 at 7:00 p.m.

2 of 152

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

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

11. ADJOURNMENT – The next Regular City Council Meeting will be held on April 25, 2023 at 7:00 p.m.

3 of 152

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
December 6, 2022
6:00 p.m.

1.CALL TO ORDER
The meeting was called to order at 6:00 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. CONDUCT OF BUSINESS
a.Town Hall Meeting – Development and School Projects in San Bruno City Manager Grogan gave an outlined the structure of tonight’s meeting and introduced Matthew Duffy, the Superintendent of the San Bruno Park School District and answered questions.

Matthew Duffy Superintendent of the San Bruno Park School District gave an overview of school district projects that are under way or being planned and answered questions.

Member of the public Charles Myer asked if the school district is carrying any debt.

Member of the public Jim Evangelist asked about the new fields which are no longer grass and the plans to new deal with the various environmental regulations associated with them.

Member of the public Calista Shepherd questioned how her property can remain in the district it has always been in now that the school district has redistricted.

Assistant City Manager Smith presented an update of general development projects, and the City’s long-range growth plans for the future and answered questions.

Fire Chief Delay presented an overview of two Capital Improvement Projects, Fire Stations 51 and 52.

Public Works Director Lee also presented an update of other elements of the Capital Improvement Program, which are infrastructure projects in the water, wastewater, stormwater and streets divisions and answered questions.

Community Services Director Mottola gave an overview of the Capital Improvement facilities and parks projects.

Member of the public Calista Shepherd asked if there was opportunity in our development projects to offer incentives for including bioswales or dry creek beds for recycling water and therefore managing it better.

Member of the public Charles Myer thanked staff for all their efforts in looking after all these different areas of the City overseeing these projects, he appreciates it very much.

4 of 152

City Council – Special Meeting Minutes
December 6, 2022

Page 2 of 2 ends

5.ADJOURNMENT
This meeting adjourned at 7:47 p.m. The next Regular City Council Meeting will be held on Tuesday, December 13, 2022 at 7:00 p.m.

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

5 of 152

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
December 8, 2022
4:30 p.m.

1.CALL TO ORDER
The meeting was called to order at 4:30 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. CLOSED SESSION
a.CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: City Manager
Employee Organization: Teamsters Local 856, IBT
There was no reportable action taken.

5.ADJOURNMENT
This meeting adjourned at 5:48 p.m. The next Regular City Council Meeting will be held on Tuesday, December 13, 2022 at 7:00 p.m.

6 of 152

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
December 13, 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.Recreation and Aquatic Center Implementation Plan Overview.

City Manager gave a brief overview of the item to the City Council and introduced Community Services Director Ann Mottola and answered questions after the item presentation.

Community Services Director Mottola presented the item to the City Council and answered questions.

5.ADJOURNMENT
This meeting adjourned at 6:43 p.m. The next Regular City Council Meeting will be held on Tuesday, December 13, 2022 at 7:00 p.m.

7 of 152

"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

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING

CITY COUNCIL RETREAT
March 25, 2023
8:00 AM

1. CALL TO ORDER
The meeting was called to order at 8:05 am.

2. ROLL CALL
Councilmembers Alvarez, M. Medina, Salazar, Vice Mayor Hamilton 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 under Public Comment.

4. STUDY SESSION
a. City Council’s Strategic Initiatives and Organizational Priorities Retreat City Manager Jovan Grogan introduced the item.

The following department directors and staff provided presentations to the City Council:

Public Works Director Matthew Lee
Public Works Principal Engineer David Wong
Public Works Deputy Director / City Engineer Hae Won Ritchie Community Services Director Ann Mottola
Police Chief Ryan Johansen
CityNet Services Director Sandeep Krishnamurthy
Fire Chief Ari Delay
Community & Economic Development Director Peter Gilli

8 of 152

City Council – Special Meeting Minutes
March 25, 2023

Page 2 of 2 ends

Human Resources Director Cora Dino
No members of the public wished to address the City Council under Public Comment.

No reportable action was taken.

5. ADJOURNMENT
This meeting adjourned at 5:30 p.m. to the next Regular City Council Meeting on Tuesday, March 28, 2023 at 7:00 p.m.

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, and presented to the City Council for approval at the regular meeting of April 11, 2023.
______________________________ ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor

9 of 152

"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

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
March 28, 2023
5:30 PM

1. CALL TO ORDER
The meeting was called to order at 5:30 pm.

2. ROLL CALL
Councilmembers Alvarez, M. Medina, Salazar, Vice Mayor Hamilton 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 under Public Comment.

4. CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: APN 020 143 080
Agency Negotiator: City Manager
Negotiating Parties: City of San Bruno and Costa Gail Trust Under Negotiation: Price and Terms of Payment
No members of the public wished to address the City Council under Public Comment.

No reportable action was taken.

5. CONDUCT OF BUSINESS
a. Consider Adoption of a Resolution to 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 $100,000
City Manager Grogan gave a brief overview of the item and introduced part time IT Special Assistant Jeffrey Gershaneck and Interim Finance Director Bobby Magee

10 of 152

City Council – Special Meeting Minutes
March 28, 2023

Page 2 of 2 ends

IT Special Assistant Gershaneck and Interim Finance Director Magee presented the item to the City Council and answered questions.

No members of the public wished to speak on this item.

M/S Hamilton/M. Medina to adopt the resolution. The motion passed unanimously.

6. ADJOURNMENT
This meeting adjourned at 6:57 p.m. to the next Regular City Council Meeting on Tuesday, April 11, 2023 at 7:00 p.m.

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, and presented to the City Council for approval at the regular meeting of April 11, 2023. ______________________________ ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor

11 of 152

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
December 13, 2022
7:00 p.m.

1.CALL TO ORDER
The meeting was called to order at 7:00 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 Reyna wanted thank Vice Mayor Mason for her time and dedication during her term on the City Council because tonight’s meeting is her last.

4.ANNOUNCEMENTS/PRESENTATIONS
a. There is no regular City Council meeting on the fourth Tuesday in December. The next regular City Council meeting will be held on January 10, 2023 at 7:00 p.m. b. Proclamation Recognizing School Safety Enhancement Day as January 30, 2023. c. Receive Update on the Water and Wastewater Rate Study.

Public Works Director Lee gave the update to the City Council.

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

5.CONSENT CALENDAR
d. Approve Accounts Payable for November 7, 2022, November 14, 2022, November 21, 2022, November 28, 2022 and December 5, 2022.
e. Accept Payroll for November 6, 2022 and November 20, 2022. f. Approve Investment Report Dated October 31, 2022.
g. Receive Written Update on the City’s Response Efforts to COVID19. h. Adopt Resolution Declaring the Continued State of Local Emergency and Need for the City Council and Other Legislative Bodies Subject to the Ralph M. Brown Act to Continue to Teleconference in Order to Ensure the Health and Safety of the Public Pursuant to AB 361. i. Approve the 2023 City Council Meeting Calendar and Direct Staff to Cancel the Regular City Council Meeting of August 8, 2023.
j. Adopt Resolution Authorizing the Mayor to Execute an Amendment to the Agreement With Richards Watson Gershon to Extend the Agreement for City Attorney Services and Appointing Trisha Ortiz as City Attorney for the City of San Bruno. k. Adopt Resolution Authorizing the City Manager to Amend the Agreement With Callander and Associates Landscape Architecture for Additional Design. Services With a Second Amendment to Include Preparation of Construction Documents for Centennial Park in an Amount Not to Exceed $105,484, and Allocate $25,515 From the Development Impact Fees Community Fund.

12 of 152

City Council – Regular Minutes
December 13, 2022

Page 2 of 4 ends

l. Adopt Resolution of the City Council of the City of San Bruno Approving and Finalizing the Draft City Council Policies and Procedures.
m. Receive Update on the Meet and Confer Process Associated with the Downtown Parking Meters and Enhanced Parking Enforcement Project. n. Receive AB 1600 Report and Adopt Resolution Accepting Annual Report on Receipt and Use of Development Impact Fees for the Fiscal Year Ending June 30, 2022. o. Adopt Resolution Approving San Bruno Community Foundation Officers for 2023. p. Adopt Resolution Initiating a Future General Plan Amendment Related to Playing Fields and Associated Improvements for the Former Crestmoor High School Site at 300 Piedmont Avenue. q. Adopt Resolution Authorizing the City Manager to Execute the Agreement With Callander and Associates Landscape Architecture for Master Plan Design Services for the Crestmoor MultiUse Fields Facility Project in an Amount Not to Exceed $100,000. r. Adopt Resolution Authorizing the Newly Created Property and Evidence Job Classification and Amending the Salary Range for the Position.

Item l – Vice Mayor Mason requested that this item be voted on separately because it is a San Bruno Community Foundation related item and a significant decision considering the large sum of money they oversee.

Items m & n – Councilmember Hamilton will recuse himself from voting on these two items due to a conflict of interest resulting from the location of his home.

No members of the public wished to address the City Council under Consent Calendar.

M/S Hamilton/Mason to approve the Consent Calendar with Councilmember Hamilton recused from Items m & n and Item l excluded to be voted on separately.

M/S Salazar/M. Medina to approve Item l, passed by a majority vote with Vice Mayor Mason abstaining.

6.CONDUCT OF BUSINESS
a.(1) Receive Progress Report on Fiscal Year 202223 City Council Strategic Initiatives; and (2) Adopt Resolution Authorizing the Appropriation of Funds From the General Fund, in an Amount Not to Exceed $100,000, for a Citywide Facilities Needs and Fiscal Condition Assessment for the Next Phase of San Bruno’s Comprehensive Fiscal Sustainability Project.

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

No members of the public wished to speak on this item.

M/S Hamilton/M. Medina to approve the resolution. The motion passed unanimously. b.Reappoint Expired Members and Consider New Appointments to Fill Current Vacancies on the Bicycle & Pedestrian Advisory Committee; Citizens Crime Prevention, Citizens Revenue Measure Oversight Committee; Emergency Preparedness; and Planning Commission.

No members of the public wished to speak on this item.

M/S R. Medina/Mason to re-appoint those members seeking to serve another four-year term.

M/S Salazar/Hamilton to appoint Quinton Cutlip to serve on the Bicycle & Pedestrian Advisory Committee. The motion passed unanimously.

M/S Hamilton/Salazar to appoint Tom Kuhn to serve on the Planning Commission. The motion passed unanimously.

13 of 152

City Council – Regular Minutes
December 13, 2022

Page 3 of 4 ends

c.Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Adding Chapter

2.33 to the San Bruno Municipal Code Adopting Local Contribution Limits for City Council Elections.

City Manager Grogan gave a brief overview of the item and introduced City Attorney Trisha Ortiz.

City Attorney Ortiz presented the item to the City Council and answered questions.

No members of the public wished to speak on this item.

Direction Given: to bring the item back to the City Council for consideration at the next meeting.

The City Council Meeting Recessed at 8:15 p.m. and Returned at 8:30 p.m. d.Adopt a Resolution Declaring the Results of the General Municipal Election for the City of San Bruno Held on November 8, 2022 as Provided by Law.

No members of the public wished to speak on this item.
e.Administer Oath of Office to Newly Elected Councilmember Sandy Alvarez, District 1, Reelected Councilmember Marty P. Medina, District 4, and Reelected Mayor At-Large Rico E. Medina.

City Clerk Huerta presented the item to the City Council.

Mayor Medina thanked Vice Mayor Mason for her time, passion and commitment to the City of San Bruno during her term.

Katrina Rill from Congresswoman Jackie Speier’s Office presented Vice Mayor Mason with a certificate of recognition, thanked her for her service and wished her well.

Randy Torrijos from San Mateo County Board of Supervisor Dave Pine’s Office presented Vice Mayor Mason with a proclamation thanking her for her many accomplishments on the council.

Mayor Medina presented the Vice Mayor with a Senate Certificate of Recognition for her years of service from State Senator Josh Beck who was unable to attend tonight’s meeting.

Member of the public Steven Seymour has been proud to support Vice Mayor Mason, commends her accomplishments and her efforts to make things better for the City.

Sandy Perez Vargas is grateful for Vice Mayor Mason’s service and careful attention to detail and thanked her.

Councilmember Hamilton said public service is not easy but it is intended to make things better, he is very proud to have served with Vice Mayor Mason in her second and third years on the Council and thanked her for her dedication and hard work.

Councilmember Medina thanked Vice Mayor Mason and her family because it is a burden on the children especially with the extra challenges that Covid brought. He feels she made San Bruno a better place and thanked her.

Councilmember Salazar said it is not an easy job especially as a parent and also made more difficult by the fact that at the same time Vice Mayor Mason was serving on the City Council, her husband Andy was serving on the San Bruno Park School District Board. Councilmember Salazar appreciates everything she has done for the City.

Mayor Medina commended Vice Mayor Mason on her strong convictions and acknowledged that she wanted what was best for the City. He appreciated her passion, dedication her time and contributions to the people of San Bruno.

Vice Mayor Mason felt that her three year term on the City Council was a productive time she is very proud of the work that has been done. She thanked staff deeply for their hard work and the members of the Council for their support. She wished newly elected Councilmember Alvarez the best. She thanked her parents, husband and children for their support and

14 of 152

City Council – Regular Minutes
December 13, 2022

Page 4 of 4 ends

understanding and said that as a public servant she never forgot who she served.

M/S Mason/Hamilton to approve the resolution. The motion passed unanimously.

City Clerk Huerta administered the oaths of office to the newly and re-elected members of the City Council as a group.

Councilmember Sandy Alvarez took her seat on the dais and thanked her family friends and the community for the support during her campaign and is honored to serve.

Marty Medina thanked his campaign supporters for their time and commitment and is proud of the Council’s accomplishments and is looking forward to the future of San Bruno and gave special thanks to his family.
f.Confirm Appointment of Vice Mayor to Serve a OneYear Term.

Councilmember Hamilton accepted the appointment to serve as Vice Mayor in 2023.

Vice Mayor Hamilton looks forward to all the things that can be accomplished in the next year and is proud to serve as Vice Mayor.

No members of the public wished to speak on this item.

7.COMMENTS FROM COUNCIL MEMBERS
Councilmember Medina reminded everyone that the Second Harvest Food Bank grocery distribution will take place at Belle Air Elementary School on December 28th from 1:45 p.m. until 4:00 p.m. and to share this information with anyone that might be in need and that volunteers are always welcomed.

Mayor Medina shared his experience of recently presenting San Bruno resident Mr. Phillip Peterson with a proclamation celebrating his 100th birthday. The Mayor thoroughly enjoyed the visit with Mr. Peterson who is very optimistic about the future of San Bruno and was happy to share his perspective on the Tanforan Mall Redevelopment Project with the Mayor. Mayor Medina was delighted to have also presented Mr. Peterson’s late wife June with a proclamation celebrating her 100th birthday in 2019.

No members of the public wished to address the City Council under this section.

8.ADJOURNMENT
This meeting adjourned at 9:18 p.m. The next Regular City Council Meeting will be held on Tuesday, January 10, 2023 at 7:00 p.m.

15 of 152

"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

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
March 28, 2023
7:00 PM

1. CALL TO ORDER
The meeting was called to order at 7:03 pm

2. ROLL CALL
Councilmembers Alvarez, M. Medina, Salazar, Vice Mayor Hamilton and Mayor R.

Medina were all present.

3. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Member of the Public Mike Peckham – spoke on behalf of his mother Kathy Peckham regarding a Grundy Park Eucalyptus tree fall on her house.

Member of the Public Virginia Yanke – spoke about the cable tv service going out.

Member of the Public Lexis Livengood – spoke on behalf of Pacific Heights Community, thanked and acknowledged staff for getting medians on College Drive done.

Member of the Public Tim – thanked and spoke about Nancy Foreman’s vision for downtown planters.

Member of the Public Reyna – spoke about making downtown appealing for people to shop and hang out.

4. ANNOUNCEMENTS/PRESENTATIONS
a. The Annual Spring Egg Hunt and Pancake Breakfast Is Scheduled for April 1, 2023 Beginning at 9:00 A.M. Visit sanbruno.ca.gov/activityguide for More Information on This Event and Other Recreation Programming.
b. National Vietnam War Veterans Day Is Scheduled for March 29, 2023 at 12:00 P.M. at Golden Gate National Cemetery.
c. Receive an Update on the Tanforan for San Bruno Community Engagement Process and Community Priorities Progress Report
Item 4c - Mayor R. Medina recused himself due to the location of his home causing a conflict of interest.

City Manager Jovan Grogan gave a brief overview and introduced Assistant City Manager Darcy Smith, Adam Alberti and Noah Starr of Singer Associates, Inc. and

16 of 152

City Council – Regular Meeting Minutes
March 28, 2023

Page 2 of 6 ends

answered questions.

Assistant City Manager Smith and Singer Associates, Inc. Alberti and Starr presented the update to the City Council and answered questions.

Member of the Public Nicholas H – spoke about housing; survey engagement; affordable housing; and greenhouse gas impacts.

Member of Public Paul Wapensky – spoke about BART and possible schedule cuts and station closures could affect parking, traffic and other plans.

Member of the Public Reyna – asked if a grocery store would be moving into the complex.

5. CONSENT CALENDAR
a. Approve the Draft Special Meeting and Regular Meeting Minutes for March 14, 2023 b. Approve Accounts Payable for March 13, 2023 and March 20, 2023 c. Accept Payroll for March 12, 2023
d. Receive Written Update on the City’s Response Efforts to the Late 2022/Early 2023 Winter Storms
e. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Contract With Millbrae Community Television (MCTV) for Television Production and Programming Services in an Amount Not to Exceed $100,000 to Provide Services Through 06-30-2024 and Allocating $100,000 From the Cable Enterprise Fund f. Consider Resolution Authorizing Mayor to Execute Employment Agreement Between the City of San Bruno and Interim City Manager Alex D. McIntyre No items were pulled by the City Council for a separate vote.

Item e – Councilmember M. Medina asked if the funding source be from the general fund rather than from cable enterprise.

City Manager Grogan answered the question.

Item f – Mayor R. Medina under the Brown Act, provided a summary of the proposed Interim City Manager’s contract.

No members of the public wished to address the City Council on the Consent Calendar.

M/S Hamilton/Alvarez to approve the Consent Calendar. The motion passed unanimously.

6. PUBLIC HEARING(S)
a. Hold Public Hearing and Introduce, Read by Title Only, and Waive Further Reading of an Ordinance of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the San Bruno Municipal Code by Amending Section 12.300.070 to Limit Commercial

17 of 152

City Council – Regular Meeting Minutes
March 28, 2023

Page 3 of 6 ends

Cannabis Retail Sales (Storefront Sales) to the Transit Corridors Plan Area MX-R, TOD- 1, TOD-2, and PD Zones, Reduce the Number of Commercial Cannabis Retail Sales Permits From Three to One, Allow a Maximum of Two Cannabis Distribution Facility Permits in the M-1 Zone North of San Bruno Avenue and East of El Camino Real, and Deleting Section 4.70.070 and Making a Finding of Exemption Under the California Environmental Quality Act
City Manager Jovan Grogan gave a brief overview of the item and introduced Community & Economic Director Peter Gilli.

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

Member of the Public Nicholas H – spoke in favor of Planning Commission decision to not make changes to the ordinance.

Member of the Public Nancy Foreman – requested that Council follow guidance from Planning Commission and previous Council vote.

Member of the Public Virginia Yanke – spoke against having more than one dispensary and one mail order dispensary.

Member of the Public Conor Johnson – spoke in favor of keeping legislation as is in respect to number of stores and use discretion of how many to approve at any given time.

M/S Hamilton/M. Medina to close public comment. The motion passed unanimously.

Assistant City Attorney Lori Liu answered questions.

M/S Hamilton/M. Medina to introduce the ordinance with the change that the downtown corridor remain as an allowable use. The motion failed with majority vote of Councilmembers Alvarez, Salazar, Mayor R. Medina voting no and Councilmember M.

Medina, Vice Mayor Hamilton voting yes.

M/S Salazar/Alvarez to approve the ordinance. The motion passed with majority vote of Councilmembers Alvarez, Salazar and Mayor R. Medina voting yes and Councilmember M. Medina, Vice Mayor Hamilton voting no.

7. CONDUCT OF BUSINESS
a. Consider Adopting a Resolution Allocating an Additional $1,500,000 From San Bruno Community Foundation (SBCF) Fund to the Recreation and Aquatic Center (RAC) Project Contingency Funds; Authorizing the City Manager to Execute an Amendment to the SBCF Grant Fund Agreement to Increase the Not-To-Exceed Grant Fund From $50,000,000 to $51,500,000; Authorizing the Transfer of $250,000 From the Beckner Shelter Road and Parking Lot Repaving Project (Project #51022) to the RAC Project; and Approving the Project Budget Increase of $1,750,000 to Adjust the Total Project Budget From $60,540,228 to $62,290,228

18 of 152

City Council – Regular Meeting Minutes
March 28, 2023

Page 4 of 6 ends

City Manager Jovan Grogan gave a brief overview and introduced Public Works Director Matthew Lee and Consor Senior Project Manager Rodrigo Macaraeg and answered questions.

Public Works Director Lee and Consor Senior Project Manager Macaraeg presented the item to the City Council and answered questions.

No members of the public wished to speak on this item.

M/S Salazar/Alvarez to adopt the resolution. The motion passed unanimously.

The City Council Meeting Recessed at 9:41 p.m. and Returned at 9:48 p.m. b. Consider Adoption of Two Resolutions to:
(1) Restore Funding for the Florida Avenue Park Construction CIP Project Through an Appropriation of $2,000,000 From the Development Impact Fees - Community Facilities Impact Fees Subaccount
Item 7.b.1: Councilmember M. Medina recused himself due to the location of his home causing a conflict of interest.

City Manager Jovan Grogan gave a brief overview and introduced Community Services Director Ann Mottola and answered questions.

Community Services Director Mottola presented the item to the City Council and answered questions.

No members of the public wished to speak on this item.

M/S Hamilton/Alvarez to restore funding for the Florida Avenue Park construction CIP project through an appropriation of $2,000,000 from the Development Impact Fees Community Facilities Impact Fees Subaccount. The motion passed with a majority vote of Councilmembers Alvarez, Salazar, Vice Mayor Hamilton and Mayor R. Medina voting yes and Councilmember M. Medina recused.
(2) Appropriate $51,409 for the Pacific Heights Park Pathways Rehabilitation CIP Project; and Approve an Appropriation Adjustment to the FY 2022-23 Community Services Parks Division Budget in the Amount of $91,520 for the City Park Tennis Courts Resurfacing Project, and Fund Both Projects From the General Fund Capital Reserve Fund City Manager Jovan Grogan gave a brief overview and introduced Community Services Director Ann Mottola.

Community Services Director Mottola presented the item to the City Council and answered questions.

No members of the public wished to speak on this item.

M/S Salazar/Hamilton to adopt resolution. The motion passed unanimously.

19 of 152

City Council – Regular Meeting Minutes
March 28, 2023

Page 5 of 6 ends

8. COUNCIL COMMITTEE REPORT OUT
Vice Mayor Hamilton:
•Attended Bay Area Water Supply & Conservation Agency monthly meeting on 03/16/2023 during which received report detailed BAWSCA 10-year capital improvement program. There are $2.1 billion in projects planned for regional and Hetch Hetchy water systems over the next 10 years. Also received the water supply report, have had a lot of rain and snowpack is above 200% the normal median for April, the water bank is full, and staff who manages the water systems are intentionally leaving room in reservoirs because of the additional atmospheric events that were predicted at that meeting. Precipitation index at Hetch Hetchy at the site of the reservoir equals that of 1983 which is the wettest year on record.

Currently waiting for SFPUC’s recommendations to the governor about continuing the drought declaration, widely anticipated the drought may not be completely rescinded but will be ratcheted back from the severe declaration. •Attended the Airport Land Use Committee meeting on 03/23/2023, two items were ruled unanimously that Foster City 2023 to 2031 Housing Element is compatible with the Airport Land Use Policies for San Carlos Airport and ruled 6 to2 to expend definition of what RND use is to include life sciences activities for Belmont zoning ordinance to allow projects to remain compatible with land use policies for San Carlos Airport.
•Was recently appointed along with Councilmember Salazar to the Cyber Security Committee. Reached out to the City Manager to schedule an initial meeting between relevant staff and Councilmember Salazar to discuss its recent history and direction.

Councilmember M. Medina:
•City’s representative on board of directors for Peninsula Clean Energy. PCE offers cleaner and lower energy than anyone else and informed residents there are openings on the Citizen Advisory Committee. Applications are due online by 03/31/2023.

9. COMMENTS FROM COUNCIL MEMBERS
Councilmember Salazar:
•Would like to reactivate updating the Municipal Code.

City Manager Grogan answered question.

Councilmember M. Medina:
•Thanked council for approval to move forward with Florida Park.

Mayor R. Medina:
•Thanked Dave Burruto and Assemblymember Papan’s office for facilitating the meeting on 03/16/2023 with the City Manager, Assistant City Manager, Public Works Director, Fire Chief, and 4-5 members of Caltrans to discuss the vacant lot property and delayed permit request.

20 of 152

City Council – Regular Meeting Minutes
March 28, 2023

Page 6 of 6 ends

•On 03/28/2023 attended the 58 th Annual Peninsula Council Lions Club Police and Fire Awards in Foster City to congratulate Tony Perkins of the San Bruno Police Department for being recognized with the Police Valor Award.

10. ADJOURNMENT
This meeting adjourned at 10:18 p.m. to the next Regular City Council Meeting on Tuesday, April 11, 2023 at 7:00 p.m.

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, and presented to the City Council for approval at the regular meeting of April 11, 2023. ______________________________ ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor

21 of 152

22 of 152

23 of 152

24 of 152

25 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO

DATE: April 11, 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 March 31, 2023 is recommended.

The Labor Summary report reflecting the total payroll amount of $1,854,599.29 for bi- weekly pay period ending March 26, 2023 by fund is shown below:

Fund Amount

Fund: 001 - GENERAL FUND 1,336,040.02
Fund: 006 - AMERICAN RESCUE PLAN ACT 84,416.38
Fund: 121 - FEDERAL/STATE GRANTS 738.53
Fund: 122 - SOLID WASTE/RECYCLE 254.76
Fund: 132 - AGENCY ON AGING 818.14
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 8,822.59
Fund: 201 - PARKS AND FACILITIES CAPITAL 1,312.35
Fund: 203 - STREET IMPROVE. PROJECTS 11,781.09
Fund: 207 - TECHNOLOGY CAPITAL 5,905.31
Fund: 611 - WATER FUND 99,722.70
Fund: 621 - STORMWATER FUND 34,453.28
Fund: 631 - WASTEWATER FUND 105,160.24
Fund: 641 - CITYNET SERVICES FUND 89,337.56
Fund: 701 - CENTRAL GARAGE 16,274.14
Fund: 702 - FACILITY MAINT.FUND 35,689.21
Fund: 707 - TECHNOLOGY DEVELOPMENT 18,602.89
Fund: 711 - SELF INSURANCE 5,270.10
Total: 1,854,599.29

_________________________________
Bobby Magee, Interim Finance Director Date DocuSign Envelope ID: F6FF9C96-1F99-4352-A170-DEA73AA4B529 4/1/2023

26 of 152

27 of 152

28 of 152

29 of 152

30 of 152

Cash Fund Total
26,402,847.89 26,460,123.61
11,241,020.28 11,241,020.28
2,143,522.47 2,143,522.47
7,579,505.19 7,579,505.19
5,038,196.44 5,038,196.44
5,304,665.75 5,304,665.75

0.00 0.00
1,060,486.09 1,060,486.09
1,584,365.88 1,584,365.88
109,998.09 109,998.09
1,123,482.35 1,123,482.35
763,141.81 763,141.81
160,553.44 160,553.44
309,460.42 CR 309,460.42 CR
412,152.44 412,152.44
165,783.37 165,783.37
6,897,610.59 6,897,610.59
100,305.70 100,305.70
58,258,157.61 58,258,157.61
2,808,732.05 2,808,732.05
1,016,495.36 1,016,495.36

0.00 0.00
75,000.00 75,000.00

0.00 0.00
700,648.55 700,648.55
2,711,712.70 2,790,746.64
913,260.44 913,260.44
7,340,068.99 7,340,068.99
5,288,522.97 5,288,522.97
620,658.96 620,658.96
248,366.02 352,023.75
49,045,235.82 49,267,060.35
162,941.16 CR 162,941.16 CR
49,135,387.93 49,760,314.91
15,600,236.43 CR 15,600,236.43 CR
115,462.61 115,462.61
250,206.03 250,206.03
3,590,834.78 3,590,834.78
298,750.84 298,750.84
1,112,257.67 1,203,376.17
335,802.84 335,802.84
237,880,561.94 239,058,399.34
* Reconciliation of Pooled Cash & Investments to Portfolio Book Value Investment Portfolio Value
171,574,933.62
Cash on hand - Checking Account 65,772,882.98
Payroll and Accounts Payable Outstanding Checks (2,401,737.87) Deposits in Transit 3,041,854.98
Reconciling Items (107,371.77)
General Ledger Cash Balance as of January 31, 2023 237,880,561.94 Reviewed By: ____________________________________________________ -
Approved By: ____________________________________________________ Page: 1
891 RECOLOGY SAN BRUNO 0.00
Grand Total: 1,177,837.40
Totals are through period: 7
707 TECHNOLOGY DEVELOPMENT 0.00
711 SELF INSURANCE 91,118.50
702 FACILITY MAINT.FUND 0.00
703 GENERAL EQUIPMENT REVOLVING 0.00
641 CITYNET SERVICES FUND 0.00
701 CENTRAL GARAGE 0.00
621 STORMWATER FUND 0.00
631 WASTEWATER FUND 624,926.98
302 LEASE DEBT SERVICE 103,657.73
611 WATER FUND 221,824.53
203 STREET IMPROVE. PROJECTS 0.00
207 TECHNOLOGY CAPITAL 0.00
190 DISASTER RECOVERY FUND 0.00
201 PARKS AND FACILITIES CAPITAL 0.00
152 CITY OF SB AS SUCCESSOR HOUSING AGENCY 0.00
153 RDA OBLIGATION RETIREMENT FUND 79,033.94
140 DEVELOPER IN-LIEU UNDERGROUNDING 0.00
151 SUCCESSOR AGENCY TO THE SB RDA - OPS 0.00
137 DEVELOPER PROJECT CONTRIBUTIONS 0.00
138 AFFORDABLE HOUSING 0.00
133 RESTRICTED REVENUES 0.00
136 EMERGENCY DISASTER RESERVE 0.00
131 IN-LIEU FEES 0.00
132 AGENCY ON AGING 0.00
122 SOLID WASTE/RECYCL. 0.00
130 IMPACT FEES 0.00
113 POLICE SPECIAL REVENUE 0.00
121 FEDERAL/STATE GRANTS 0.00
104 MEASURE W TRANSPORTATION TAX 0.00
111 POLICE ASSET FORFEITURE 0.00
102 MEASURE A TRANSPORTATION TAX 0.00
103 STREET SPECIAL REVENUE 0.00
009 PARKING FUND 0.00
101 GAS TAX 0.00
005 MEASURE G DISTRICT SALES TAX 0.00
006 AMERICAN RESCUE PLAN ACT 0.00
003 ONE-TIME REVENUE 0.00
004 CAP IMPROV/ONE-TIME INITIATIVE RSRV 0.00
Investments
001 GENERAL FUND 57,275.72
002 GENERAL FUND RESERVE 0.00
glCashInv.rpt Cash and Investments Report Page: 1
2/17/2023 12:57:10PM
City of San BrunoThrough period: 7 Through January 2023 DocuSign Envelope ID: E9FC7EC3-0A41-446D-841C-E29F4D853E50

31 of 152

Cash Fund Total
26,876,070.76 26,933,346.48
11,241,460.48 11,241,460.48
2,143,522.47 2,143,522.47
7,593,694.31 7,593,694.31
5,486,945.73 5,486,945.73
5,164,880.33 5,164,880.33

0.00 0.00
1,070,252.08 1,070,252.08
1,733,493.18 1,733,493.18
109,998.09 109,998.09
1,189,590.69 1,189,590.69
945,812.50 945,812.50
158,519.60 158,519.60
508,818.78 CR 508,818.78 CR
430,007.13 430,007.13
168,812.96 168,812.96
6,867,610.59 6,867,610.59
111,503.44 111,503.44
58,294,231.04 58,294,231.04
2,808,732.05 2,808,732.05
866,311.14 866,311.14

0.00 0.00
75,000.00 75,000.00

0.00 0.00
700,648.55 700,648.55
2,711,712.70 2,711,745.10
913,260.44 913,260.44
5,738,996.01 5,738,996.01
5,093,454.82 5,093,454.82
593,745.30 593,745.30
362,333.02 362,527.75
49,289,985.30 49,511,949.40
321,683.51 CR 321,683.51 CR
50,048,566.47
CR 49,886,388.15
15,685,352.51 CR 15,685,352.51 CR
113,263.38 113,263.38
216,657.93 216,657.93
3,559,821.77 3,559,821.77
346,826.54 346,826.54
1,186,083.94 1,277,202.44
505,367.49 505,367.49
238,201,317.43 238,409,724.56
* Reconciliation of Pooled Cash & Investments to Portfolio Book Value Investment Portfolio Value
172,021,233.04
Cash on hand - Checking Account 67,671,133.98
Payroll and Accounts Payable Outstanding Checks (1,581,189.41) Deposits in Transit 136,967.38
Reconciling Items (46,827.56)
General Ledger Cash Balance as of February 28, 2023 238,201,317.43 Reviewed By: ____________________________________________________ -
Approved By: ____________________________________________________ Page: 1
891 RECOLOGY SAN BRUNO 0.00
Grand Total: 208,407.13
Totals are through period: 8
707 TECHNOLOGY DEVELOPMENT 0.00
711 SELF INSURANCE 91,118.50
702 FACILITY MAINT.FUND 0.00
703 GENERAL EQUIPMENT REVOLVING 0.00
641 CITYNET SERVICES FUND 0.00
701 CENTRAL GARAGE 0.00
621 STORMWATER FUND 0.00
631 WASTEWATER FUND 162,178.32
302 LEASE DEBT SERVICE 194.73
611 WATER FUND 221,964.10
203 STREET IMPROVE. PROJECTS 0.00
207 TECHNOLOGY CAPITAL 0.00
190 DISASTER RECOVERY FUND 0.00
201 PARKS AND FACILITIES CAPITAL 0.00
152 CITY OF SB AS SUCCESSOR HOUSING AGENCY 0.00
153 RDA OBLIGATION RETIREMENT FUND 32.40
140 DEVELOPER IN-LIEU UNDERGROUNDING 0.00
151 SUCCESSOR AGENCY TO THE SB RDA - OPS 0.00
137 DEVELOPER PROJECT CONTRIBUTIONS 0.00
138 AFFORDABLE HOUSING 0.00
133 RESTRICTED REVENUES 0.00
136 EMERGENCY DISASTER RESERVE 0.00
131 IN-LIEU FEES 0.00
132 AGENCY ON AGING 0.00
122 SOLID WASTE/RECYCL. 0.00
130 IMPACT FEES 0.00
113 POLICE SPECIAL REVENUE 0.00
121 FEDERAL/STATE GRANTS 0.00
104 MEASURE W TRANSPORTATION TAX 0.00
111 POLICE ASSET FORFEITURE 0.00
102 MEASURE A TRANSPORTATION TAX 0.00
103 STREET SPECIAL REVENUE 0.00
009 PARKING FUND 0.00
101 GAS TAX 0.00
005 MEASURE G DISTRICT SALES TAX 0.00
006 AMERICAN RESCUE PLAN ACT 0.00
003 ONE-TIME REVENUE 0.00
004 CAP IMPROV/ONE-TIME INITIATIVE RSRV 0.00
Investments
001 GENERAL FUND 57,275.72
002 GENERAL FUND RESERVE 0.00
glCashInv.rpt Cash and Investments Report Page: 1
3/27/2023 10:45:25AM
City of San BrunoThrough period: 8
Through February 2023
DocuSign Envelope ID: 5FD31CF8-720A-45FA-A29A-E2E8A8F03C2E

32 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 11, 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: Adopt an Ordinance of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the San Bruno Municipal Code by Amending Section 12.300.070 to Limit Commercial Cannabis Retail Sales (Storefront Sales) to the Transit Corridors Plan Area MX-R, TOD-1, TOD- 2, and PD Zones, Reduce the Number of Commercial Cannabis Retail Sales Permits From Three to One, Allow a Maximum of Two Cannabis Distribution Facility Permits in the M-1 Zone North of San Bruno Avenue and East of El Camino Real, and Deleting Section 4.70.070 and Making a Finding of Exemption Under the California Environmental Quality Act BACKGROUND:

At the January 24, 2023 City Council meeting, the City Council directed staff to prepare an amendment to the City’s commercial cannabis regulations to:

1. Reduce the total number of allowed businesses from a maximum of four to a maximum of two, with one being for distribution use only, and the second being retail and/or distribution; and

2. Remove the downtown (Central Business District) and The Shops at Tanforan from permitted locations for commercial cannabis operations.

On March 28, 2023, at a duly noticed Public Hearing, the City Council received the Planning Commission recommendation from February 21, 2023, and considered all public input on the matter. The City Council introduced, read by title only, and waived further reading of an ordinance amending the San Bruno Municipal Code to reflect the proposed changes.

The purpose of this consent item is to serve as action for adoption of the Ordinance.

DISCUSSION:

The ordinance, if adopted, would amend San Bruno Municipal Code Chapter 4.70 and 12.300 to reduce the total number of allowed businesses from a maximum of four to a maximum of two, with one being for distribution use only, and the second being retail and/or distribution; and remove the downtown (Central Business District) and The Shops at Tanforan from permitted locations for commercial cannabis operations.

The ordinance recommended for adoption is provided in Attachment 1. If adopted, the ordinance will go into effect 30 days after adoption, after which the application period for

33 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 2 of 2 ends

5 4
7 commercial cannabis applications will be opened. Legal noticing was published as required.

FISCAL IMPACT:

Adoption of this ordinance reduces the number of potential retail cannabis locations from three to at most one, which would reduce the potential tax revenues that could be realized under the existing ordinance.

ENVIRONMENTAL IMPACT:

The proposed ordinance could not result in a significant environmental impact pursuant to the California Environmental Quality Act (CEQA), and as such are exempt from further environmental consideration per CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION:

Adopt an ordinance amending Article III (Zoning) of Title 12 (Land Use) of the San Bruno Municipal Code by amending Section 12.300.070 to limit commercial cannabis retail sales (storefront sales) to the transit corridors plan area MX-R, TOD-1, TOD-2, and PD zones, reduce the number of commercial cannabis retail sales permits from three to one, allow a maximum of two cannabis distribution facility permits in the M-1 zone north of San Bruno Avenue and east of El Camino Real, and deleting Section 4.70.070.

ALTERNATIVES:

Do not adopt the ordinance, which would retain the existing ordinance allowing up to three retail sales permits and allow locations in the downtown and at The Shops at Tanforan.

ATTACHMENTS:

1. Ordinance

34 of 152

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING ARTICLE III (ZONING) OF TITLE 12 (LAND USE) OF THE MUNICIPAL CODE BY AMENDING SECTION 12.300.070 TO LIMIT

COMMERCIAL CANNABIS RETAIL SALES (STOREFRONT SALES) TO THE TRANSIT CORRIDORS PLAN AREA MX-R, TOD-1, TOD-2, AND PD ZONES, REDUCE THE NUMBER OF

COMMERCIAL CANNABIS RETAIL SALES PERMITS FROM THREE TO ONE, AND ALLOW TWO CANNABIS DISTRIBUTION FACILITY PERMITS IN THE M-1 ZONE AND NORTH OF SAN BRUNO AVENUE AND EAST OF EL CAMINO REAL, AND DELETING SECTION 4.70.070 AND

MAKING A FINDING OF EXEMPTION UNDER CEQA
THE CITY COUNCIL OF THE CITY OF SAN BRUNO DOES ORDAIN AS FOLLOWS:

Section 1. Based on the facts in the Staff Report, written and oral testimony, and exhibits presented, the City Council hereby makes the following findings of facts in support of the proposed Municipal Code amendments regarding establishment of commercial cannabis storefront sales and distribution operations:

1. The zoning code amendments were considered by the San Bruno Planning Commission on February 21, 2023, at a duly noticed public hearing. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. 2023-06 recommending that the City Council not adopt the zoning code amendments modifying the zones in which commercial cannabis storefront sales and cannabis distribution facilities are conditionally permitted uses.

2. A notice of public hearing was duly posted for consideration of this proposed ordinance at the City of San Bruno City Council meeting of March 28, 2023, and on said date, the public hearing was opened, held and closed.

3. The proposed ordinance is consistent with the General Plan of the City of San Bruno, including the following goals and policies:

LUD-A: Promote development of El Camino Real as a boulevard with a series of “districts”, with distinctive uses weaved together with unified streetscape, sidewalk improvements, and pedestrian amenities. Encourage residential development to promote walkability and transit use.

The allowance for cannabis sales or distribution in vacant buildings on El Camino Real will allow for new distinctive uses that will support existing commercial businesses along the corridor, allowing for the future creation of districts along El Camino Real.

LUD-C: Stimulate reuse and intensification with multi-use, transit-oriented development along El Camino Real and San Bruno Avenue. Provide amenities serving pedestrians, bicyclists, and transit riders along these corridors.

The allowance for the reuse of buildings on El Camino Real and San Bruno Avenue by allowing cannabis sales or distribution will serve to stimulate business activity along these corrridors.

LUD-54: Support infill development in northern Montgomery Avenue area (east of the Caltrain Tracks) with business and industrial uses, while permitting a broader mix of uses.

35 of 152

Capitalize on regional access through the BART and Caltrain systems to market office and industrial space to Bay Area businesses.

The allowance for cannabis distribution use in the M-1 zone, which includes Montgomery Avenue, adds a new use to the zone which is consistent with the goal of permitting a broader mix of uses.

ED-B: Provide development opportunities that allow for establishment of jobs within San Bruno, commensurate with local residents’ education and skills.

The allowance of cannabis uses will provide for additional local jobs within San Bruno.

4. The proposed 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 determined to be exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines.

5. The proposed ordinance to establish provisions for commercial cannabis storefront sales and distribution uses will not be detrimental to the health, safety, morals, comfort and general welfare of the Citizens of San Bruno.

Section 2.Section 12.300.070 (Development Standards) of Chapter 12.300 (Commercial Cannabis Operations) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to read as follows, with additions shown with underlines and deletions shown with strikethrough:

12.300.070 Development Standards.

All commercial cannabis operations shall comply with the following requirements, and the following applicable requirements of this Section shall be deemed conditions of all cannabis conditional use permit approvals. The Planning Commission and/or City Council may also impose any other development standards that do not conflict with the standards set forth below. Failure to comply with applicable requirement contained in this Code shall be grounds for revocation of any permit issued in compliance with this Code.

A.Underlying Zone Standards. The establishment of a commercial cannabis operation shall comply with all applicable City zoning site development standards of the zone in which the commercial cannabis operation is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the City, except as explicitly modified by this chapter. Non-conforming uses or properties must be brought into conformity with all applicable standards including, but not limited to, parking, landscaping, and signage.

B.Permitted Locations. Commercial cannabis operations shall only be permitted in the following zones:

1. Cannabis retailers shall be permitted only in:

36 of 152

a. The following Transit Corridors Plan areas: (i) the Central Business District (CBD), (ii) 1 the Transit Oriented Development - Medium Density Mixed-Use District (TOD-1), (ii) the Transit Oriented Development - High Density Mixed- Use District (TOD-2), (iii) Planned Development District (P-D) for Mills Park, and (iv) Planned Development District (P-D) for 111 San Bruno Avenue. b. The Multi Use - Residential Focus District (MX-R)
c. The Planned Development District P-D) for the Shops at Tanforan Mall.

2. One Cannabis distribution facilityies shall be permitted only in the M-1 zone and limited to the geographic area located north of San Bruno Avenue and east of El Camino Real.

C.Maximum Number. A maximum of fourtwo commercial cannabis operations shall operate in the City, with any combination of one cannabis retailers (up to three) or and up to two cannabis distribution facilities(up to one) , as long as the total number of commercial cannabis operations does not exceed fourtwo.

D.Proximity to Sensitive Uses. No commercial cannabis operation shall be established or located within 600 feet of sensitive uses. The distance between any commercial cannabis operation and any sensitive uses shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the nearest property line of the site containing the commercial cannabis operation to the nearest property line of the sensitive uses. In the case of The Shops at Tanforan, the distance shall be measured from the perimeter of any individual lease space or store.

Section 3. Table 12.280-1: Permitted Uses in Mixed-Use Zoning Districts of Section

12.280.020 (Permitted Uses.) of Chapter 12.280 (Mixed-Use Zoning Districts) of Article III (Zoning) of Title 12 (Land Use) of the Municipal Code is hereby amended to add new lines under “Commercial Uses” to read as follows, with the remainder of Table 12.280-1 remaining unchanged:

Land Uses CBD TOD-S TOD-1 TOD-2 CC MX-R
Commercial Uses
Cannabis retailer - - C4 C4 - C4
Footnote 4: Subject to obtaining the necessary permits pursuant to Chapters 4.70 and

12.300.

Section 4. Section 4.70.070 (Maximum Number of Authorized Cannabis Operators Permitted) of Chapter 4.70 (Commercial Cannabis Operator Permit) of Title 4 (Licenses and Regulations) of the San Bruno Municipal Code is hereby deleted in its entirety.

Section 5. This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it is not a project and there is not a possibility that the ordinance may have a significant effect on the environment.
1 Note: Text additions are shown underlined and text deletions are shown with a strikethrough.

37 of 152

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 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 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

APPROVED AS TO FORM
Trisha Ortiz, City Attorney
---o0o---
I hereby certify that the foregoing Ordinance No.
was introduced on March 28, 2023, and
adopted at a regular meeting of the San Bruno City
Council on April 11, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

RECUSE: COUNCILMEMBERS:

38 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 11, 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: Receive the 2022 General Plan Annual Progress Report and Authorize Transmittal to the California Department of Housing and Community Development and Governor’s Office of Planning and Research BACKGROUND:

A general plan is a long-range policy document intended to guide physical, economic, and environmental growth. San Bruno’s General Plan, which was adopted in 2009, expresses the City's vision for the future and serves as the roadmap for achieving the community's desired quality of life. It is an assessment of current and future needs, and the resources required to implement the established goals and policies.

Government Code Section 65400 and 65700 requires that all cities and counties present an Annual Progress Report (APR) on the status of the progress of its General Plan implementation to their legislative bodies, which in the case of the City of San Bruno is the City Council. The APR is also required to be submitted to the Governor's Office of Planning and Research (OPR) and the State’s Housing and Community Development (HCD) Department by April 1 of each year, though there are no penalties for submitting after this date.

The San Bruno General Plan contains a total of 413 implementation policies within seven Elements that include the Land Use & Urban Design Element, Economic Development Element, Transportation Element, Open Space and Recreation Element, Environmental Resources and Conservation Element, Health and Safety Element, and Public Facilities and Services Element.

The full General Plan document is available on the city’s website. The policies within the General Plan provide specific direction on how to achieve goals, commitments to specific actions, procedures, programs, or techniques.

The annual progress report on the Housing Element was presented to City Council on March 14, 2023 and, as required by State law, has been submitted to the California Department of Housing and Community Development.

DISCUSSION:

This General Plan Annual Progress Report was prepared by the Community and Economic Development Department with input from various City Departments including Public Works, Community Services, Fire, Police, and the City Manager’s Office. What follows is a summary of programs, initiatives, and projects that commenced, continued, or were completed in calendar year 2022 that furthered the implementation of the General Plan. Work completed since January

39 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 2 of 6 ends

5 2
7 2023 will be reflected in the next annual progress report. Activities are organized by the lead Department, though many activities involved multiple Departments.

Community and Economic Development
Housing Element Update. Throughout 2022, the City was working on updating the Housing Element for the 2023-2031 cycle. The plan accommodates more than 3,165 new housing units in the city and identifies new policies and programs to make housing more accessible to all residents.

Crestmoor High School Redevelopment. In August 2022, the City commenced reviewing a planning application to construct a residential subdivision of 155 single-family homes at the former Crestmoor/Peninsula High School site, furthering policy LUD-1, to redevelop former school sites with housing. On December 13, 2022, the City Council adopted a resolution initiating a future General Plan Amendment related to playing fields and associated improvements for the former Crestmoor High School site at 300 Piedmont Avenue, furthering General Plan policies LUD-1 and OSR-8 to preserve the existing playing fields for recreational use during redevelopment of the site. In 2022, the City Council also initiated a multi-use fields master plan process for the new City owned sports facility on this site.

Building Codes. Every three years, the State adopts new building, residential, electrical, mechanical, plumbing, energy, historical, fire, existing building, and green building codes (known as the California Building Standards Code). In early 2022, the State released the 2022 California Building Standards Code, which were adopted by the City in October 2022 to take effect on January 1, 2023.

Reach Codes. The city adopted Reach Codes to reduce greenhouse gas emissions (GHGs) by reducing the city’s reliance on natural gas and gasoline through refocusing energy consumption towards electrification. The adoption of Reach Codes addresses the goal of policies ERC-31 and ERC-32 to take feasible actions to reduce GHGs and control air pollutants.

Tanforan Redevelopment. In October 2022, the city received a preliminary project application for the redevelopment of Tanforan. In response to receipt of the application, the City launched public engagement efforts to include the public in the planning process. These actions are the first step in the overall redevelopment of the Tanforan site, a vision that is consistent with Land Use and Urban Design Element policies LUD-20, LUD-21, and LUD-23 to promote the redevelopment of The Shops at Tanforan.

Hyundai and Genesis Dealership at the Crossing. In 2022, the city received an application for the development of a car dealership on city-owned property located at 1010 Admiral Court.

Hearings for the project occurred in 2023. The development furthers policy LUD-45 to develop property at the Crossing site. The city will benefit financially from the sale of the city property, property tax generated by the new building and sales tax generated by auto sales further policy ED-C to broaden retail opportunities in the city.

Public Works
Parklet Program and Ordinance. Under the Governor's COVID-19 State of Emergency, 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. Executive Order No. 20-02

40 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 3 of 6 ends

5 2
7 provided 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. Per Council direction, the Public Works Department in collaboration with the Planning Division, Building Division, Fire and Police Departments initiated draft parklet regulations in 2021, with work continuing in 2022. The City Council reviewed the draft regulations, permit processes, and fees and provided feedback on topics including the parklet design elements and criteria, fees, and the program approval process. 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. The parklet program and associated ordinance amending Title 8 (Streets, Sidewalks, and Rights-of-Way) to add regulations relating to parklets promotes policy ED-21 to emphasize downtown as San Bruno’s center by establishing a focused revitalization strategy.

Streetlight Replacement. In late 2021, the city began experiencing streetlight outages within several neighborhoods. In 2022, the City initiated the Streetlight Replacement project to replace 294 outdated streetlights. Streetlight replacement implements policy PFS-2, to implement a street lighting and sidewalk maintenance program for residential neighborhoods throughout the city.

Caltrain Grade Separation Project. The Scott Street Grade Separation project is to grade separate the railroad crossing at Scott Street, the last remaining at-grade crossing in San Bruno. San Mateo County Transportation Authority (TA) conducted a Grade Separation Footprint Study to examine six alternatives for separation and track configuration variations grade separation. Due to the close proximity of the Scott Street crossing with the South Linden Avenue at-grade rail crossing in the City of South San Francisco, the at-grade crossings cannot be eliminated without affecting the other. The Conceptual Design Project Study Report (PSR) phase commenced in 2016 when the TA awarded $650,000 in Measure A funds to this project, with $250,000 allocated to the South Linden Avenue crossing and $400,000 allocated to the Scott Street crossing. With Caltrain adopting its Business Plan in September 2020 and High- Speed Rail, the number of trains is expected to increase leading to increased gate down times at crossings. As part of the PSR, the city contributed local funding for the preparation of a traffic study. The PSR was completed in April 2021 with the City selecting to close Scott Street to vehicular traffic, raise the railroad tracks, and install a pedestrian/bicycle undercrossing at Scott Street. In March 2022, the TA awarded $4.95 million toward the next phase of the project, the Preliminary Engineering/Environmental Clearance (PE/EC) phase. The Cities of San Bruno and South San Francisco are required to contribute a combined 10% of the total phase costs as local match. The City’s CIP budget funding will be used to complete the PE/EC phase. The Caltrain Grade Separation Project addresses policy T-46 to create pedestrian safety measures, such as under crossings as rail capacity increases.

Water Supply Upgrades. In 2022, the city replaced water mains within the neighborhood bounded by El Camino Real, Kains Avenue, San Mateo Avenue, and Jenevein Avenue and the neighborhood bounded by Huntington Avenue, San Felipe Avenue, El Camino Real, Taylor Avenue, and Florida Avenue. Replacement of water mains implements policies PFS-9 and PFS- 10, to upgrade and replace the city’s aging water system to meet current and anticipated water

41 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 4 of 6 ends

5 2
7 needs.

Wastewater System Upgrades. In 2022, the City replaced sewer mains within the neighborhood bounded by El Camino Real, Kains Avenue, San Mateo Avenue, and Jenevein Avenue and the neighborhood bounded by Huntington Avenue, San Felipe Avenue, El Camino Real, Taylor Avenue, and Florida Avenue. These wastewater improvements advance policy PFS-21 to upgrade and replace sewer lines to accommodate current and anticipated flows.

Safe Routes to School Plan. Furthering City’s policy to prioritize pedestrian connections adjacent to public schools, the City drafted a Safe Routes to School Plan in 2022, which was adopted in 2023. The Plan is a collaboration between the City, twelve schools across San Bruno, and the community. The Plan provides school specific summaries that describe existing conditions and a list of prioritized projects, in addition to training, resources, and customized support to schools. Once implemented, the Plan will benefit students via increased physical activity and associated wellness and learning outcomes, as well as concurrently benefitting students and the community via safety enhancements, reduced vehicle traffic, and reduced air pollution near schools. Development of a comprehensive Safe Route to School Plan advances policy T-9 to prioritize pedestrian improvements near schools.

Local Road Safety Plan. 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 proactive projects and countermeasures to enhance safety for all modes of transportation. It aims to reduce fatal and severe injury collisions through a prioritized list of improvements that can enhance safety for all modes of transportation on local roadways. The City started a LRSP in 2021 which continued through 2022 and was adopted in 2023. The development of a prioritized list of roadway safety countermeasures advances policy T-81 to provide for public safety and efficient operation in the planning, construction, and maintenance of transportation facilities.

Pavement Management Program. The City’s Pavement Management Program is designed to maximize pavement longevity through repair and preventative maintenance. In 2022, the City extended the life through the preventative maintenance of various roadway surfaces by applying a slurry seal or street rehabilitation as identified through the Pavement Management Program. Streets throughout the city which were beyond repair were instead completely reconstructed. Reconstruction or maintenance of city streets to extend their lifespan implements City’s program of street maintenance as specified in policy T-9.

Spyglass Drive Storm Drain Improvement. This project will be designed to mitigate flooding issues during intense storm events. Over the years, approximately eight properties within the Spyglass Drive neighborhood have experienced multiple flooding events including property damage. The project will assess alternatives to mitigate the flooding issues and will provide residents within the Spyglass Drive neighborhood a more reliable storm infrastructure system by preventing future overflows.

Community Services
Centennial Plaza. In 2022, the City secured funding for final design and construction of the Centennial Plaza renovation project. Groundbreaking is anticipated for Summer 2023 with project completion anticipated by early 2024. Improvements to Centennial Plaza further policy OSR-6 to provide small public parks and/or plazas for pedestrians, commuters, and shoppers

42 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 5 of 6 ends

5 2
7 within the downtown.

Joint Use Agreement (JUA) with School District. In 2022, the City executed a JUA with San Bruno Park School District as the successor document to the most recent JUA that expired in Q3 (August 31, 2021.) The agreement allows joint use of school facilities for a variety of programming needs, advancing policy OSR-10 to continue the JUA between the City and the District.

Senior Center Programming. The Senior Center experienced increased attendance throughout 2022 after its June 2021 post-COVID reopening. All programs were restored, and the daily lunch program has returned to its pre-COVID average of servicing lunch to approximately 100 Seniors per day, addressing policy OSR-14 to continue to support and expand programs and activities for adults 50 years of age and older.

Recreation and Aquatic Center. The Recreation and Aquatic Center groundbreaking was in October 2021 and was under construction throughout calendar year 2022. The facility integrates the Swim Center and Veteran’s Hall into one multi-programmed recreation and aquatic facility. (Anticipated completion is Fall 2023.) Completion of the center would achieve the City’s objective in policy OSR-15, for development of a new multi-programmed Aquatics Facility.

Community Clean-ups. The Parks Division supported a number of community clean-ups in 2022 by providing safety vests, pickers, buckets, and bags, and coordinating drop off of debris gathered by volunteers to the Parks Yard. Additionally, Parks supported a volunteer team who cared for the planters located on San Mateo Avenue. Organizing community cleanups implements OSR-18, to encourage community organizations and private citizens to help maintain public parks and open spaces.

Americans with Disabilities Act (ADA) Compliant Park Access. The Parks Division of Community Services received a Prop 68 per Capita Grant in Q4 2021 to upgrade the pathways at Pacific Heights Park. This project is part of the ADA Transition Plan and is the final pathway in the park system that has been identified as needing rehabilitation. Work will begin in Q3 2022 and advances policy OSR-A and Policy OSR-23 to ensure that all parks and recreation facilities have been inspected for compliance with ADA requirements.

CityNet
Hybrid City Meetings. In this fiscal year, a new ARPA funded high definition telecast platform has been brought onstream, with customized integration of Zoom video into the telecast. This has permitted live and ongoing TV coverage of hybrid City Meetings on Channel 1, advancing policy PFS-60, to enhance local origination programming to promote City services and local business.

CityNet TV. SBCityNetTV, a new streaming TV platform has been developed as an alternative to the traditional cable TV platform. Due to launch to customers by April 2023, SBCityNetTV will enable San Bruno CityNet to offer its app-based TV service on Roku, Apple, Android and Amazon streaming devices. This project further policy PFS-61, to continue to grow core video business while deploying and promoting new services.

Fiber to the Home. In 2022, CityNet completed small scale, underground fiber to the home rollouts to the Marisol, Miraluna and the Skyline Ridge Condominium neighborhoods. One

43 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 6 of 6 ends

5 2
7 Gigabit internet speeds are now available to residents in these areas. An underground 100% fiber to the home rollout is now underway to the Spy Glass and Sea Cliff neighborhoods and a plan to rollout fiber to an additional 2,400 San Bruno homes is in advanced development. These projects advance policy PFS-61, to continue to grow core video business while deploying and promoting new services.

FISCAL IMPACT:

There is no fiscal impact for receiving this report.

ENVIRONMENTAL IMPACT:

City Council’s action is not considered a “Project” per California Environmental Quality Act (CEQA) Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Receive the General Plan Annual Progress Report for 2022 and authorize transmittal to the California Department of Housing and Community Development and Governor’s Office of Planning and Research.

44 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 11, 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: Receive the Building Division Customer Service Survey Results for Quarter 2 and 3 of Fiscal Year 2022-23
BACKGROUND:

On July 16, 2022, a customer service survey was posted on the City’s website for customers to give feedback to the City about their experience working with the Building Division. This feature was posted in response to a City Council funded consultant analysis of the Community and Economic Development Department. One of the recommendations was for an annual customer satisfaction survey of building permit applicants.

The survey webpage was presented to City Council on July 26, 2022. The survey includes identifying questions and ratings on the building permit experience. Per the City Council's feedback, staff added optional fields for respondents to provide building permit numbers and contact information for the Building Division to contact the participant if needed to follow up.

From all responses where feedback was requested, staff has followed up with the customer. In addition, City Council requested results be brought forward on a quarterly basis.

A summary of survey responses for Fiscal Year 2022-2023 Quarter 1 was provided to City Council on October 25, 2022. Quarter 2 was delayed due to the onboarding of the new Community and Economic Development Director and a relatively high number of City Council agenda items for the department in January 2023.

This report presents the Fiscal Year 2022-2023 Quarter 2 (Q2) and 3 (Q3) Building Division customer service survey results.

DISCUSSION:

Since the survey was launched, a total of 28 responses have been received. The October 25, 2022 report stated 16 survey responses were received in Q1. After further review, two of those surveys were received in the month of October, which is Q2. As a result, the Q1 survey count is 14, and the Q2 had 4 surveys and Q3 had 10.

45 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 2 of 2 ends

3 4
9 Q1 Q2 Q3 FY 22-23
Running Total
Number of
Surveys 14 4 10 28
Question 6 –
Experience for
Customers

4.5 stars 3.8 stars 5 stars 4.6 stars
Permits Issued 446 366 455 1,267
Inspections
Completed 3,305 3,725 2,972 10,002
The running total the customer’s experience with the Building Division for the fiscal year is a weighted average of 4.6 stars out of 5, with 86% of responses providing 5 stars. More detailed information is provided in Attachment 1.

Improving Participation
In that same time period, the Building Division issued 1,267 permits and completed 10,002 inspections. This shows very few customers filled out a survey, 2% of those that received a permit. The Building Division has taken steps to encourage customers to fill out the survey, including verbally asking customers and providing a QR code on the back of business cards to allow easy access to the survey. Despite these efforts, most feedback the Building Division receives remains verbal.

Staff understands that the average customer may not want to take the extra steps of accessing the survey online. A new online permitting system is being prepared for public launch in July 2023. Embedding customer response opportunities within this system is being explored. That should increase feedback because it will be “one click away” for customers that are already in a computer application.

FISCAL IMPACT:

There is no fiscal impact for receiving this Report.

ENVIRONMENTAL IMPACT:

The City Council's receipt of this Report is not considered a "Project" by the California Environmental Quality Act (CEQA); therefore, no further environmental analysis is required.

RECOMMENDATION:

It is recommended that the City Council receive and file the Report.

ATTACHMENTS:

1. Summary Table of Building Division Customer Service Survey Responses for FY 22-23

46 of 152

Attachment #1
Summary Table of Building Division Customer Service Survey Responses for FY 22-23 Note, some questions were skipped by some survey responders Question 1. In general terms, please describe the kind of building permit you received.

Q1 Q2 Q3
FY 22-23
Running
Total
Commercial/Industrial 1 0 0 1
Residential 13 4 8 25
Institutional 0 0 0 0
Other 0 0 2 2
14 4 10 28
Question 2. Are you the owner of the building/project or a contractor? Q1 Q2 Q3
FY 22-23
Running
Total
Owner 7 3 6 16
Contractor 7 1 3 11
Other 0 0 1 1
14 4 10 28
Question 3. In general terms, how would you rate the customer service you received from the Building division during your recent experience? Q1 Q2 Q3
FY 22-23
Running
Total
Excellent 11 2 10 23
Good 1 1 0 2
Satisfactory 0 0 0 0
Poor 2 1 0 3
14 4 10 28
Question 4. Was the building permit approval process described to you by City staff at the beginning of the process?
Q1 Q2 Q3
FY 22-23
Running
Total
Yes 11 2 8 21
No 2 2 1 5
13 4 9 26

47 of 152

Question 5. Did the building inspector act in a professional manner? Q1 Q2 Q3
FY 22-23
Running
Total
Yes 12 3 9 24
No 1 0 0 1
I did not work
with a building
inspector
1 1 1 3
14 4 10 28
Question 6. Overall, how would you rate your experience with the building division? (1-5) Q1 Q2 Q3
FY 22-23
Running
Total
5 stars 12 2 10 24 (86%)
4 stars 0 1 0 1
3 stars 0 0 0 0
2 stars 1 0 0 1
1 star 1 1 0 2
Weighted
Average 4.5 3.8 5 4.6
Question 7. Do you have any suggestions for how the City could improve the permit or building inspection process?
18 responses, in order of most recent to oldest. Staff is not listing specific names and permit numbers for privacy purposes. Also, typos from the survey respondents are not corrected.

Q3
•“If possible, it would be great to get estimated dates when approvals will be awarded to the owner on email or text.”
•“Provide online accessibility and visibility to the permit system.” •“If the application was online that would be very helpful.” •“Both [Technician] and [Inspector] were professional, courteous and helpful in the process to resolve outstanding permits. We were not happy that these permits were outstanding (we thought they were resolved years ago), and we had to pay additional fees, but [Technician] explained the reasons, and what we needed to do to get a resolution. We paid the fees, [Inspector] came out and took care of the inspections very quickly and professionally. Do you have a very good building department in San Bruno (fist bump icon). Thank you.”
•“None”

48 of 152

Q2
•“[Technician] was very helpful and patient with me in regards to finding details for old buildings and in another transaction I was able to pay and process fee fast. I really appreciate the fact that my phone call was answered by a human.” •“No suggestions at this time. We are just starting the permit process and everything has gone well.”
•“I applied for permit to replace an existing deck with a similar deck, but the planning and review scope expanded to cover multiple perceived issues that the city required to be addressed in order to issue the permit. For example, the deck is in the back of the property, but the city required removal of planters near the sidewalk that were part of the original construction of the house. The city also required an unreasonable level of detail for a fairly straightforward deck at a single family, owner-occupied house. Detailed engineering calculations, drainage plans, and other requirements well beyond the city's own published guidance were required to get the permit. Overall, the estimated construction cost of the deck was $32,000, and the permit process added a cost of $1450 for the permit reviews, $3300 for revisions to the construction drawings, and $2200 for additional measurements by the contractor. This is an excessive level of detail and cost for a simple project. None of the "issues" with the related to structural defects.

Everything required by the planning department was to provide detailed drawings of things like fasteners. The original drawing stated that the code required fasteners would be used, but that we not enough. Additionally the drawing review process had multiple errors by the building department and the contract plan reviewer. Straightening out these errors cost me additional time and money. Overall, as one of my few interactions with the San Bruno city government in the 8.5 years I have lived in the city, this was a horrible experience to inflict on a resident.”
•“Give inspectors tablets for touchless reports sent automatically via email.” •“Excellent”
Q1
•“Redwood City, proactively, has their Inspectors call the contact numbers between 7:30am-8:30am to give them the smaller, 2-hr time window for their inspection that day. I appreciate that very much.”
•“Not at this time. The person that helped me at the front counter was very helpful.” •“We had solar installed on our roof and garage. Their seemed to be confusion with the solar company that the inspector would require to go on the roof and not just view pictures. Perhaps making this clear with the solar installation companies in the future could avoid confusion.”
•“Issuing permits in the correct order they were submitted Having more staff to help out in that department Issuing permits in a timely manner The inspection section is great” •“Wish you had an online inspection request portal instead of Calling in.” •“San Bruno is the best place to pull a permit. The process is easy and the staff are quite amazing.”

49 of 152

Optional. Provide permit #, contact information, and/or additional information regarding your experience. City staff will review all feedback and reach out to [the] applicant. 13 responses, in order of most recent to oldest. Staff is not listing specific names, addresses and permit numbers for privacy purposes. Also, typos from the survey respondents are not corrected.

Q3
•“The permit was submitted by SunPower so I wasn’t given the process by the City staff. [Inspector] was the best inspector and his personality when dealing with owners like myself really makes a positive difference in dealing with the City of San Bruno. [Applicant name, address]
•“[Permit numbers, applicant name] Thank you sincerely for the building department services. [Inspector], [Inspector], [Inspector], and [Plans Examiner] was very helpful and great to work with. They are very knowledgeable and professional. The best city staff in the whole bay area! You guys make me happy just coming to work in San Bruno. See you in the next project.”
•“[Inspector] is an excellent inspector with a great knowledge of the building codes.” •“[Permit number]”
•“On 1/17/23, [Inspector], [Code Enforcement Officer], and [Code Enforcement Officer] came to my home and took the time to thoroughly explain to me their findings. All 3 were very professional, helpful and we very much appreciated their help and timely responses.”
Q2
•“[Inspector] was very helpful and professional.”
•“[Applicant name, permit number, phone number]”
•“[Inspector] the inspector was great!”
Q1
•“[Permit number, applicant name, phone number]”
•“[Permit number]”
•“[Permit number, applicant name, phone number]”
•“[Applicant name, phone number]”
•“[Permit number], The inspector [Inspector] was very professional and patient with the Solar company inspector who was surprisingly very stubborn and had an attitude. I was apologetic to [Inspector] as I was not sure why there was so much attitude coming from the Solar Compny inspector. I followed up with the solar company about this as well as it was not the most professional behavior I would have expected from them. Thanks again to [Inspector] for his patience and due diligence, and professionalism. Always a pleasure to deal with our city employees, they are super helpful and friendly!”

50 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 11, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Ann Mottola, Community Services Director
Matthew Lee, P.E., Public Works Director
SUBJECT: Receive Written Update on the City’s Response Efforts to the Late 2022 to 2023 Winter Storms
BACKGROUND:

This report is to provide an update on the City’s response efforts to the Late 2022 to 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. These storms have continued into April.

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. If 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.

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.

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 from the event. As of March 28, 2023, the City’s finance department has calculated storm-

51 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 2 of 5 ends

related expenditures (i.e., staff time and other storm expenses) to be approximately $1,008,100.

The total cost for all infrastructure repairs is currently estimated at $1,000,000 as of March 28, 2023 (Table 1).

Table 1 – Preliminary Winter Storm Damage Assessment
Site
No. Damage Type Complete Preliminary Cost Estimate
1 Mud Hill Slide N/A Potential Hazard Mitigation Repair 2 Mud Hill Slide N/A N/A
3 Mud Hill Slide N/A N/A
4 Mud Hill Slide N/A N/A
5 Mud Hill Slide N/A N/A
6 Large Sink Hole 100% $35,619
7 Mud Hill Slide N/A Potential Hazard Mitigation Repair 8 Mud Hill Slide N/A N/A
9 RO Streetlight Outage N/A N/A
10 Large Sink Hole 80% $852,000
11 Small Sink Hole 100% $0
12 Downed Radar Speed Sign 0% $10,000
13 Mud Hill Slide 0% N/A
14 Manhole Depression 5% $50,000
15 Sump Pump Failure 100% $8,000
16 Damaged Guard Rail 100% $5,567
17 Downed Street Light Arm,
Depressed Sidewalk 100% $14,638
18 Downed Street Light 100% Cost incorporated with Site 17 19 RO Streetlight Outage N/A N/A
20 6'-8' of Silt 100% $15,850
TOTAL $991,674
With the current assessment of the preliminary damage, over 85 percent of the preliminary cost estimate amount shown above is related to repairs to failures of the City’s storm water system, particularly a sinkhole and failure of a 54-inch stormwater drainpipe at the north west corner of Skyline Boulevard and Sneath Lane. As of March 28, 2023, the City is still in the process of completing the repairs. Staff is also continuing to investigate and determine an engineering repair for a sunken manhole in the 2600 block of Oakmont Drive. The recommendation from the geotechnical consultant is to perform borings and a review of the subsurface conditions in order to develop recommendations to bridge the sinkhole and support the roadway. Cost to perform this exploratory work is estimated at $16,025.

At approximately 5:30 p.m. on March 9, 2023, three Eucalyptus trees fell on the 3rd base line at Diamond 3. The backstop, 3rd base line fence and 3rd base dugout were severely damaged. The 3rd base bleachers have been structurally compromised and the infield light pole along 3rd base along with the lights have been damaged beyond repair. A tree is currently sitting on the pathway and the City is unable to determine if some of the asphalt will need to be repaired. The City will be meeting with a contractor during the last week of March to determine repair costs and timeframe, and the fallen Eucalyptus tree will be removed as part of the tree work being done on Crystal Springs Road. City Staff is awaiting an estimate for repair costs and timeframe estimate for work at Diamond 3. The fallen Eucalyptus tree will be removed as part of the tree work being done on Crystal Springs Road to be complete by April 14.

52 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 3 of 5 ends

On March 21, 2023, during another large storm with high winds, the City experienced additional tree-related incidents including:
•Eucalyptus trees down on wires behind 2300 Valleywood Drive. The fallen and leaning trees have been removed.
•The Cedar and Redwood trees located between City Hall and Fire Station 51 lost serval branches. The Redwood tree has since been removed and the Cedar tree has been pruned.
•A pine tree fell at the Crestwood Pump Station cutting their power. The City has since removed the tree and had four additional trees removed. •At 1421 Crestwood Drive a tree fell along the back fence and came close to power lines and damaged the Crestwood Pump Station pump lift arm (Picture 1). PG&E has since been out to cut the tree away from the power lines. The City is currently scheduling the removal of the rest of the tree.

Picture 1

53 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 4 of 5 ends

Staff also recently discovered that the fallen tree near the Senior Center which caused a power outage to the facility also caused a short circuit to the traffic signal at Crystal Springs Road and Cunningham Way. The processor and other equipment in the traffic control cabinet are in need of replacement due to the high voltage wire causing the shortage. Staff are working on a solution to ensure the intersection is fully functional again.

On April 2, 2023, another Eucalyptus tree failed near 2306 Valleywood Drive, which occurred on the uphill slope of City property (Pictures 2 and 3). A tree limb also fell in the backyard of this same property which caused a power outage in the area. The City immediately began working with the occupants and neighboring properties. The City has been collaborating with PG&E and a contractor for the removal of the failed Eucalyptus tree. The removal of this tree required utilizing a large crane, paid for by PG&E. The City is preparing to enter into a contract for additional emergency tree removal work to remove additional trees in this Eucalyptus grove on the City-owned parcel behind 2300 through 2326 Valleywood Drive.

Picture 2 Picture 3
As the City continues its winter storm-related recovery efforts, a focus continues on reimbursement recovery for the substantial storm-related costs, which, as indicated in Table 1 above, have amassed to approximately $1,000,000 as of March 28, 2023, with a large portion of it currently attributing to one project. To assist with reimbursement recovery efforts, the City has engaged with professional consulting firm, Kermani Consulting Group, to provide disaster cost recovery and grant management support for the 2023 storm disasters under the State of California Office of Emergency Services (CalOES) California Disaster Assistance Act (CDAA) and Federal Emergency Management Agency (FEMA) Public Assistance (PA) programs (FEMA-4683-DR-CA/CDAA 2023-01). Alongside Kermani Consulting Group, the City has already begun application processes and discussions with both CalOES and FEMA and continues to move forward with reimbursement recovery efforts.

FISCAL IMPACT:

Since the winter storms began in late 2022, public infrastructure repairs are currently estimated at $1,000,000. As of March 28, 2023, expenditures (i.e., staff time and other storm expenses)

54 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 5 of 5 ends

are totaled at approximately $1,008,100. As described above, the City has engaged with Kermani Consulting Firm to provide reimbursement recovery and grant management support from Federal/State disaster funds, however, if these efforts are unsuccessful, the storm-related expenditures 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 to 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
DATE PREPARED:

April 6, 2023
DISTRIBUTION:

None.

55 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 11, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Matthew Lee, Public Works Director
SUBJECT: Consider Adoption of a Resolution Accepting the Lara Field Parking Lot Rehabilitation 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 $49,140.33
BACKGROUND: The Lara Field parking lot is well utilized by visitors to City Park and the pavement was in poor condition. The City had received complaints from the public regarding the condition of the parking lot. Originally included in the City’s Capital Improvement Program (CIP) as an individual project, beginning in FY2021-22 the Lara Field Parking Lot Rehabilitation Project was incorporated into the Recreation and Aquatic Center Project.

To better serve City Park visitors, especially during peak use times on weekends and throughout the summer months, the pavement condition was rehabilitated and additional parking stalls were added. An additional 40 spaces were added to create a total of 85 parking spaces and the parking lot was upgraded in compliance with current regulations. Accessible parking spaces were constructed as required by the American with Disabilities Act (ADA) regulation, electrical equipment was installed to facilitate future electric vehicle parking per California Building Code requirements, and stormwater biotreatment measures were built in accordance with the Municipal Regional Stormwater Permit.

DISCUSSION: In October 2022, Golden Bay Construction, Inc. completed construction of the Lara Field Parking Lot Rehabilitation Project. The Project performed pavement rehabilitation and created additional parking spaces. Additionally, accessible curb ramps and future electric vehicle parking equipment was installed.

Change orders were issued to Golden Bay Construction, Inc. during the construction due to unforeseen conditions, work scope changes and additional work requests by the City. The change orders included work related to adjusting storm drain systems due to changes in grading, removal of buried structures that conflicted with the proposed improvements, incorporating pedestrian railing for the biotreatment facility, and additional fittings for the water main installation due to utility conflicts.

56 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 2 of 2 ends

5 4
2 $49,140.33, be withheld by the City. Staff recommends that the City Council accept the project as complete, authorize filing a Notice of Completion with the San Mateo County Recorder’s Office, and approve release of the contract retention.

Description Expenditure
Consultant Staff (Electrical/Geotech) $ 21,975.96 City Staff (Design/Management/Inspection) $ 51,902.93 Construction Contract (Golden Bay Construction, Inc) $ 982,806.04 Reproduction & Advertisement $ 1,229.24

TOTAL $ 1,057,914.17
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: Consider adoption of a resolution accepting the Lara Field Parking Lot Rehabilitation 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 $49,140.33.

ALTERNATIVES: Do not accept the construction contract as complete and do not authorize filing of a Notice of Completion.

ATTACHMENTS:

1. Resolution

2. Project Acceptance Information Form

57 of 152

RESOLUTION NO. 2023 - ___

A RESOLUTION ACCEPTING THE LARA FIELD PARKING LOT REHABILITATION

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 $49,140.33
WHEREAS, the Lara Field parking lot is well utilized by visitors to City Park and the pavement was in poor condition; and
WHEREAS, originally included in the Capital Improvement Program (CIP) as an individual project and beginning in FY2021-22 the Lara Field Parking Lot Rehabilitation Project was incorporated into the Recreation and Aquatic Center Project; and WHEREAS, the Lara Field Parking Lot Rehabilitation Project is an established CIP project funded through the San Bruno Community Foundation Grant #7 with a total approved project budget of $1,123,438 which included design, construction, staff management, project contingency, construction management and inspection services, and material testing; and WHEREAS, change orders were issued for items such as work related to adjusting storm drain systems due to changes in grading, removal of buried structures that conflicted with the proposed improvements, incorporating pedestrian railing for the biotreatment facility, and additional fittings for the water main installation due to utility conflicts; and WHEREAS, the total expenditure for the project is approximately $1,057,914; and WHEREAS, the project is funded through the San Bruno Community Foundation Grant #7 and has a realized cost savings of approximately $65,524.; and.

WHEREAS, all construction work as part of this contract has been completed to the satisfaction of the City’s project management team; and WHEREAS, the construction contract requires the filing of a Notice of Completion of this project with the San Mateo County Recorder’s Office and release of the construction contract retention in the amount of $49,140.33 upon the acceptance of the project as complete.

NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the Lara Field Parking Lot Rehabilitation Project as complete, authorizes the filing of Notice of Completion with the San Mateo County Recorder’s Office, and authorizes release of the construction contract retention in the amount of $49,140.33.

Dated: April 11, 2023

58 of 152

2 ATTEST:

Lupita Huerta, City Clerk
-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 this 11th day of April 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT:Councilmembers:

59 of 152

1 PUBLIC WORKS DEPARTMENT
Capital Improvement Program
Project Acceptance Information Form
As of March 27, 2023
Contract Name: Lara Field Parking Lot
Rehabilitation Contract No.: 51009-0010
Construction Contractor: Golden Bay Construction, Inc.

Construction
Management and
Inspection Services
City staff

60 of 152

2 Project Information:

Project Description: This Project consists of rehabilitating the Lara Field Parking Lot with new asphalt concrete, incorporation of additional parking stalls, relocation of water main, storm drain system revisions and biotreatment measures.

Construction
Contract Award: Golden Bay Construction, Inc. – April 13, 2021 Start of
Construction: July 2021
Contract Change
Orders (CCO):

61 of 152

3 Construction Project Costs:

Budget Actual
TOTAL PROJECT $ 1,123,438.00 $ 1,057,914.53
Electrical Design (Zeiger Engineers) $ - $ 7,025.00 Pavement Testing (Pavement Engineering) $ - $ 3128.00 Construction Contract (Golden Bay
Construction, Inc.) $ 853,438.00 $ 853,438.00 Material and Compaction Testing Services
(Twining) $ 50,000.00 $ 11,822.96
Contingency $ 130,000.00

Contract Change Orders CCOs $ - $ 129,368.40 Staff Design, Management and Inspection $ 90,000.00 $ 51,902.93 Reproduction & Advertisement - $ 1,229.24

62 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 11, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Matthew Lee, Public Works Director
SUBJECT: Consider Adoption of a Resolution Accepting the Huntington / San Antonio Bicycle Corridor 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 $48,502.24
BACKGROUND: The City’s Capital Improvement Program includes an approved capital project to improve the pedestrian and bicycle network along Huntington Avenue and San Antonio Avenue. Adopted by City Council in 2016, the Walk ‘N Bike Plan identifies Huntington / San Antonio Avenue as part of the overall bicycle network providing north-south connections and is utilized by residents traveling between downtown San Bruno and the southern City limits at the Millbrae border. Providing safe, convenient, and comfortable connections for pedestrians and bicyclists along this corridor would encourage residents to embrace active transportation modes and contribute to a reduction in vehicle emissions.

Project improvements were partially funded in the amount of $385,200 by the TDA Article 3 grant which City staff successfully applied for and received in 2017. These grant funds can be used towards direct pedestrian/bicycle improvements while ancillary work related to pavement rehabilitation were funded by a mixture of Gas Tax, Measure A and General Capital Reserve Funds.

Constructed improvements included the implementation of an enhanced Class 3 bicycle route along the Huntington / San Antonio Avenue corridor through the installation of greenbacked sharrows as well as pavement rehabilitation of approximately 58,000 square feet to ensure that bicycles are riding on smooth asphalt surfaces that are in good condition. Other improvements included construction of curb extensions at the intersection of Huntington / Angus Avenue to improve pedestrian safety, installation of radar speed feedback signs to provide traffic calming, and curb ramp installation as required by the American with Disabilities Act (ADA).

DISCUSSION: In October 2022, Golden Bay Construction, Inc. completed construction of the Huntington / San Antonio Bicycle Corridor Project (Project). The Project performed pavement rehabilitation and installed greenbacked sharrows. Additionally, accessible curb ramps and radar speed feedback signs were installed.

Change orders were issued to Golden Bay Construction, Inc. during the construction due to unforeseen conditions and additional work requests by the City. The change orders included

63 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 2 of 3 ends

5 4
3 work related to performing additional pavement rehabilitation and adjusting storm drain systems due to existing utility conflicts.

All construction work as part of this contract has been completed to the satisfaction of the City’s project management team. There are no unresolved stop notices or outstanding construction claims for this project. The construction contract requires a 5% retention, which totals $48,502.24, be withheld by the City. Staff recommends that the City Council accept the project as complete, authorize filing a Notice of Completion with the San Mateo County Recorder’s Office, and approve release of the contract retention.

FISCAL IMPACT: The total approved project budget which included in-house design, construction contract, material testing services, project contingency, and staff project and construction management during construction was $1,485,667. As detailed below, the total expenditure for the project was approximately $1,194,579. The project is funded through the TDA Article 3 grant ($385,200), Gas Tax fund ($843,467), Measure A fund ($100,000) and General Fund Capital Reserve ($157,000). There is a realized cost savings in the amount of approximately $291,088 of which $157,000 will be returned to the General Fund Capital Reserve, $100,000 will be returned to the Measure A fund and $34,088 will be returned to the Gas Tax fund.

Description Expenditure
Consultant Staff (Survey/Geotech/Management) $ 38,359.50 City Staff (Design/Management/Inspection) $ 185,156.59 Construction Contract (Golden Bay Construction, Inc) $ 970,044.78 Reproduction & Advertisement $ 1,017.91

TOTAL $ 1,194,578.78
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: Consider adoption of a resolution accepting the Huntington / San Antonio Bicycle Corridor 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 $48,502.24.

ALTERNATIVES:

1. Do not accept the construction contract as complete and do not authorize filing of a Notice of Completion.

64 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 3 of 3 ends

5 4
3 ATTACHMENTS:

1. Resolution

2. Project Acceptance Information Form

65 of 152

RESOLUTION NO. 2023 - ___

RESOLUTION ACCEPTING THE HUNTINGTON / SAN ANTONIO BICYCLE CORRIDOR

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 $48,502.24
WHEREAS, the City’s Capital Improvement Program includes an approved capital project to improve the pedestrian and bicycle network along Huntington Avenue and San Antonio Avenue; and
WHEREAS, the Huntington / San Antonio Bicycle Corridor Project is an established CIP project funded through the TDA Article 3, Gas Tax, Measure A and General Fund Capital Reserve with a total approved project budget of $1,485,667 which included design, construction, staff management, project contingency, construction management and inspection services, and material testing; and
WHEREAS, change orders were issued for items such as work related to performing additional pavement rehabilitation and adjusting storm drain systems due to existing utility conflict; and
WHEREAS, the total expenditure for the project is approximately $1,194,579; and WHEREAS, the project has a realized cost savings of approximately $291,088; and

WHEREAS, all construction work as part of this contract has been completed to the satisfaction of the City’s project management team; and WHEREAS, the construction contract requires the filing of a Notice of Completion of this project with the San Mateo County Recorder’s Office and release of the construction contract retention in the amount of $48,502.24 upon the acceptance of the project as complete.

NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the Huntington / San Antonio Bicycle Corridor Project as complete, authorizes the filing of Notice of Completion with the San Mateo County Recorder’s Office, and authorizes release of the construction contract retention in the amount of $48,502.24.

Dated: April 11, 2023
ATTEST:

Lupita Huerta, City Clerk
-o0o-

66 of 152

2 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 this 11th day of April 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT:Councilmembers:

67 of 152

1 PUBLIC WORKS DEPARTMENT
Capital Improvement Program
Project Acceptance Information Form
As of March 27, 2023
Contract Name: Huntington / San Antonio
Bicycle Corridor Project Contract No.: 60012
Construction Contractor: Golden Bay Construction, Inc.

Construction
Management and
Inspection Services
City/Consultant staff

68 of 152

2 Project Information:

Project Description:

This Project consists of pavement rehabilitation and enhanced sharrows along the Huntington / San Antonio between Kains Avenue and Santa Helena Avenue. Other improvements include accessible curb ramps, curb extensions and radar speed feedback signs.

Construction
Contract Award: Golden Bay Construction, Inc. – March 22, 2022 Start of
Construction: May 2022
Contract Change
Orders (CCO):

Change orders were issued to Golden Bay Construction, Inc. during the construction due to unforeseen conditions, work scope changes and additional work requests by the City. The change orders included work related to performing additional pavement rehabilitation and adjusting storm drain systems due to existing utility conflicts.

Substantial
Completion: October 2022
Final Completion: October 2022
Notice of
Completion: Scheduled for filing on April 12, 2023

69 of 152

3 Construction Project Costs:

Budget Actual
TOTAL PROJECT $ 1,485,667.00 $ 1,194,578.78
Survey (Professional Land Services) $ - $ 4,275.00 Pavement Testing (Pavement Engineering) $ - $ 11,160.00 Construction Contract (Golden Bay
Construction, Inc.) $ 918,231.00 $ 918,231.00 Construction Contract Additives (Golden Bay
Construction, Inc.) $ 202,436.00 $ - Material and Compaction Testing Services
(Twining) $ 60,000.00 $ 5,764.50
Contingency $ 185,000.00 $ - Contract Change Orders CCOs $ - $ 51,813.78 Consultant Construction Management (CSG) $ - $ 17,160.00 Staff Design, Management and Inspection $ 120,000.00 $ 185,156.59 Reproduction & Advertisement - $ 1,017.91

70 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 11, 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: Consider Adoption of Resolution Authorizing the Public Works Director, Fire Chief and City Manager, to Authorize and Execute California Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) Documents for the Purpose of Obtaining Federal Financing Assistance for Any Existing or Future Grant Program BACKGROUND: The City of San Bruno (City) was affected by the severe weather and rainstorms in late 2022/early 2023 which brought about various emergency events including flooding, power outage events and citizen evacuation. These various events also caused significant damage to the City’s infrastructure including to the City’s roadways, storm drains, and streetlights.

Municipal Code Section 2.48.050 empowers the City Manager to serve as Director of Emergency Services and San Bruno Municipal Code Section 2.48.060 empowers the Director of Emergency Services to proclaim (subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency. On January 3, 2023, the Director of Emergency Services (Director) proclaimed a Local State of Emergency. The City concurrently then activated and staffed its Emergency Operations Center on January 3, 2023 through January 12, 2023.

Due to the various emergency events brought about by the late 2022/early 2023 weather and rainstorm, the City is eligible to request funding assistance from the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (Cal OES) for costs incurred during local emergency or disaster events.

One prerequisite of applying for FEMA and/or Cal OES funding is the adoption of a resolution identifying authorized agents who can sign documents on behalf of the City to execute State and Federal disaster relief grants.

DISCUSSION: In order for the City to receive reimbursement from State and/or Federal funds for disaster relief, the City must have an active City Council Resolution designating authorized agents who can sign documents on behalf of the City.

Staff recommends that the City Council authorize the City Manager, Public Works Director and Fire Chief, by title, to be designated as authorized agents for the City of San Bruno to authorize and execute California Office of Emergency Services (Cal OES) and Federal Emergency

71 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 2 of 2 ends

5 4
6 Management Agency (FEMA) documents for the purpose of obtaining federal financial assistance for any existing or future grant program.

The attached resolutions (Attachment 1 and Attachment 2) and their adoption are required prior to the City receiving any reimbursements related to expenses incurred responding to local emergency events. Following the date of approval, the resolutions are effective for all open and future FEMA and Cal OES declared disasters for a period of up to three (3) years.

FISCAL IMPACT: Cal OES and FEMA are coordinating disaster recovery assistance from the late 2022/early 2023 winter storm events. The estimated damage to the City of San Bruno infrastructure during the January rainstorms will be reimbursed by Cal OES and FEMA at a combined rate of 93¾%, with the City responsible for the remaining 6¼%.

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: Consider adoption of resolution authorizing the Public Works Director, Fire Chief and City Manager, to authorize and execute California Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) documents for the purpose of obtaining federal financing assistance for any existing or future grant program.

ALTERNATIVES:

1. Do not adopt the resolution and fund the late 2022/early 2023 winter storm infrastructure damage through the City’s General Fund Emergency Reserves.

ATTACHMENTS:

1. Resolution

72 of 152

RESOLUTION NO. 2023 - ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

AUTHORIZING THE PUBLIC WORKS DIRECTOR, FIRE CHIEF AND CITY MANAGER,

TO AUTHORIZE AND EXECUTE CALFORNIA OFFICE OF EMERGENCY SERVICES (CAL OES) AND FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

DOCUMENTS FOR THE PURPOSE OF OBTAINING FEDERAL FINANCING

ASSISTANCE FOR ANY EXISTING OR FUTURE GRANT PROGRAM
WHEREAS, the City of San Bruno has been notified by the California Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) that it is an eligible applicant to receive 93¾% of the emergency response, debris removal and infrastructure repair costs that occurred during the December 27, 2022, through January 31, 2023, storms event; and
WHEREAS, The State of California requires, as a condition of the California Disaster Assistance Act (CDAA), adoption of a local resolution designating certain individuals to act as authorized agents; and
WHEREAS, these individuals are authorized to execute for and on behalf of the City of San Bruno, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining State and Federal financial assistance provided by Cal OES and FEMA, under the California Disaster Assistance (CDAA) and Stafford Acts.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Bruno hereby adopts the Cal OES form 130 Designation of Applicant’s Agent Resolution for Non-State Agencies, attached hereto as Exhibit A, to authorize the City Manager, Public Works Director and Fire Chief, by title, to be designated as authorized agents for the City of San Bruno to authorize and execute California Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) documents for the purpose of obtaining federal financial assistance for any existing or future grant program. ---oOo---
I hereby certify that foregoing Resolution No. 2023 - ______ was introduced and adopted by the San Bruno City Council at a regular meeting on ___________, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

Lupita Huerta, City Clerk

73 of 152

2 EXHIBIT A
Cal OES Form 130 Designation of Applicant’s Agent Resolution for Non-State Agencies
[see attached]

74 of 152

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of A
uthorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public ent
ity esta
blished under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM) , under
- Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under C
A Gov Code – Gov, Title 2,
Div. 1, Chapter 7, Article 5, S
ections 8587.8, 8587.11, 8587.12
That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
OES-FPD-130 Rev. 10-2022 Page 1 of 4
081-65028-00
City Council
City Manager
Public Works Director
Fire Chief
City of San Bruno
City of San Bruno
City of San Bruno

75 of 152

Please check the appropriate box below
This is a universal resolution a
nd is effective for all open and future
disasters/grants declared up to three (3) years following the date of approval.

This is a disa
ster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Bo
dy Representative)
(Name and Title of Governing Bod
y Representative)
(Name and Title of Governing Bo
dy Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the a bove is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 2 of 4
Rico E. Medina, Mayor
Tom Hamilton, Vice Mayor
Michael Salazar, Councilmember
City Council
City of San Bruno
City of San Bruno
✔

CITY CLERK

CITY CLERK
23 23
11 April
Lupita Huerta
11 April

76 of 152

Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES F
orm 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group resp
onsible for appointing and approving the
Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity establis
hed under the laws of the
State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals th
at are authorized by the Governing Body
to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It d
oes not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 3 of 4

77 of 152

Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 4 of 4

78 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 11, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Ari Delay, Fire Chief
SUBJECT: Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement for a Joint Training Program between the Central County Fire Department and the City of San Bruno
BACKGROUND:

The San Bruno Fire Department has participated in a joint training program to provide for fire suppression, emergency medical services, and other legally mandated training through the Central San Mateo County Training Division. Participation in this joint training program has been done in partnership with the Central County Fire Department, a Joint Powers Authority representing the cities of Millbrae, Burlingame, and Hillsborough, and the San Mateo Consolidated Fire Department representing the cities of San Mateo, Belmont, and Foster City since 2010. In January of 2021, the San Mateo Consolidated Fire Department issued a notice to withdraw from the training agreement. This withdrawal necessitated updating the agreement to reflect the remaining parties to the agreement and clearly delineating each participating agency’s responsibilities for the program.

DISCUSSION:

Overview of San Bruno Fire Department
The San Bruno Fire Department (SBFD) serves San Bruno and is dedicated to protecting all persons' health, life, and property in the City of San Bruno. The fire department has a long- standing tradition of service and excellence. SBFD provides a full range of services delivered in a responsive and cost-effective manner. The Department’s priority is to ensure the safety and emergency preparedness of our citizens through outreach programs in fire prevention, public education, advanced life support, hazardous material safety, and fire suppression activities.

SBFD provides all-risk fire protection, emergency medical, and fire prevention services to 45,000 residents and tens of thousands of visitors annually. SBFD responds to approximately 5,000 calls for service per year.

The SBFD has a service area of approximately 5.5 square miles and is adjacent to the San Francisco International Airport (SFO). The City of San Bruno also has approximately 1.5

79 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 2 of 3 ends

square miles of wildland urban interface (WUI) areas that border the San Francisco Public Utilities Commission Peninsula Watershed. SBFD serves a diverse area of single-family homes, multi-residential buildings, retail and business districts, hotels, and care facilities, as well as a large industrial area. The three major highways, 101, 280, and 380, are vital vehicle transportation links between San Francisco and Silicon Valley.

San Bruno Fire Department also participates in a Joint Powers Agreement with San Mateo County, providing Advanced Life Support as part of a 20-city, 56-engine company workforce.

Through a series of mutual and automatic aid agreements, each city in San Mateo County responds seamlessly to provide citizens in the county with the closest available units to mitigate any emergency dispatched through San Mateo County’s Public Safety Communications.

The San Bruno Fire Department has 38.5 full-time employees. The top-ranking person of the Department is the Fire Chief, who is supported by a command staff of a Fire Marshal, three Battalion Chiefs, and an Executive Assistant. There are two strategically located and professionally staffed fire stations. Daily staffing consists of two engine companies, one ladder truck, and one Battalion Chief, 24 hours a day, seven days a week.

To maintain the high level of all-risk training needed to support employees and mitigate risk, participation in CSMCTD is the most cost-effective and efficient method of training delivery currently available to the San Bruno Fire Department.

Summary of the Agreement
SBFD is a participating agency in the Central San Mateo County Training Division (CSMCTD), including Central County Fire Department and San Mateo Consolidated Fire Department, in fiscal year 21/22. CSMCTD provides both operations and emergency medical services (EMS) training. The Division is currently staffed with a Battalion Chief, two Fire Captains, a clinical educator, and a full-time administrative assistant.

The Central San Mateo County Training Division provides full-service comprehensive training, including annual mandated training for fire suppression, EMS, and other all-risk disciplines, as outlined by OSHA, NFPA, ISO, state and local regulatory bodies, and related training for personnel employed by the Participating Agencies. The Program ensures that any and all continuing education requirements are offered to Participating Agencies' personnel to ensure certification and licensure maintenance and documentation of records via Vector Solutions or other approved recording systems. The Program shall provide EMS oversight, as required by CCR Title 22, controlled substance accountability, resupply, mandatory controlled substance audits, designated infection control officer (DICO), and EMS JPA Supervisor, as required by the SMCO EMSA JPA Contract.

Program Costs are allocated to each participating agency as follows:

1. Training Division Battalion Chief-Employee of Central County Fire - No Program-related costs are anticipated, but Participating Agencies agree to review and determine at the end of the first year of this Agreement whether cost impacts have occurred and, if so, to amend this Agreement to provide for payment of those agreed upon costs.

80 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 3 of 3 ends

2. EMS Manager-Employee of Central County Fire - Position funded 30% by San Bruno and 70% by Central County Fire.

3. Two Captains - Respectively employed by the City of San Bruno and Central County Fire - No Program related cost.

4. Administrative Assistant-Employee of Central County Fire - Position funded 30% by San Bruno and 70% by Central County Fire.

5. All other Program Costs - Funded 30% by the City of San Bruno and 70% by Central County Fire.

Total annual cost for the City of San Bruno is projected to be $135,000.

FISCAL IMPACT: The annual cost of $135,000 for the City of San Bruno’s participation in the Central San Mateo County Training Division (CSMCTD) was included in the adopted FY 2023- 24 budget and will be carried forward in future budgets. Future costs will increase periodically based on changes in employee compensation and CSMCTD program costs. Such increases will be presented to the City Council through the City’s annual budgeting process. In the current fiscal year, no additional appropriation of funds are needed for the execution of this agreement, as sufficient funds were appropriated in the Fire Department operational training budget to fund this item.

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.

ALTERNATIVES:

1. Do not authorize the City Manager to execute an agreement.

2. Direct staff to request modifications to the agreement.

RECOMMENDATION: Consider adoption of a resolution authorizing the City Manager to execute an agreement with Central County Fire for a joint training program between the Central County Fire Department and the City of San Bruno.

ATTACHMENT:

1. Resolution

2. Draft Agreement

81 of 152

1 7
8 1
RESOLUTION NO. 2023- ___

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

AGREEMENT FOR A JOINT TRAINING PROGRAM BETWEEN THE CENTRAL COUNTY

FIRE DEPARTMENT AND CITY OF SAN BRUNO
WHEREAS, Central County Fire Department is a Joint Powers Authority comprised of the Cities of Millbrae, Burlingame, and Hillsborough; and WHEREAS, the Cities of Belmont, Foster City, Millbrae, San Bruno, San Mateo, and the Central County Fire Department, for a number of years, operated a Joint Operational and Emergency Medical Services (EMS) training program (the "Program"); and WHEREAS, the Belmont Fire Protection District ("District"), the City of Foster City, and City of San Mateo entered into a Joint Powers Authority Agreement creating the San Mateo Consolidated Fire Department to provide fire and emergency services within their jurisdictions and have now determined that they wish to withdraw from the Program; and WHEREAS, the City of San Bruno and Central County Fire Department wish to enter into that certain agreement entitled “Agreement for Joint Training Program between the Central County Fire Department and the City of San Bruno,” attached hereto as Exhibit A (the “Agreement”), to reflect the structure of the Program, which has changed over the years, and to clearly delineate each agency’s responsibilities for the Program.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the Agreement and authorizes the City Manager to execute the Agreement and take any other such actions as deemed necessary to effectuate the purposes of this Resolution.

Dated: April 11, 2023
ATTEST:

AYES: Councilmembers:

NOES: Councilmembers

82 of 152

2 7
8 1
ABSENT:Councilmembers:

83 of 152

3 7
8 1

EXHIBIT A

AGREEMENT FOR JOINT TRAINING PROGRAM BETWEEN THE CENTRAL

COUNTY FIRE DEPARTMENT AND CITY OF SAN BRUNO
This Agreement for Joint Training Program (the "Agreement") is entered into as of July 1, 2022 by and between the City of San Bruno, a municipal corporation ("San Bruno"), and Central County Fire, a Joint Powers Authority ("Central County Fire"), collectively "Participating Agencies."

RECITALS
WHEREAS, the Cities of Belmont, Foster City, Millbrae, San Bruno, San Mateo, and Central County Fire Department, for a number of years operated a Joint Operational and Emergency Medical Services (EMS) training program (the "Program"); and WHEREAS, Central County Fire began providing fire and emergency medical services to the City of Millbrae pursuant to a contract entered into on December 29, 2014; and WHEREAS, the Belmont Fire Protection District ("District"), the City of Foster City, and City of San Mateo entered into a Joint Powers Authority Agreement creating the San Mateo Consolidated Fire Department to provide fire and emergency services within their jurisdictions and have now determined that they wish to withdraw from the Program and; WHEREAS, the Participating Agencies wish to enter into the Agreement to reflect the structure of the Program which has changed over the years, and to clearly delineate each Participating Agency's responsibilities for the Program; and Based upon these Recitals, the Participating Agencies agree as follows:

AGREEMENT

1. Term of Agreement: The term of this Agreement shall commence on July 1, 2022 and continue until terminated pursuant to Section 13, Termination or Withdrawal . The Participating Agencies agree that during its term, the Agreement shall be reviewed annually and amended if the Participating Agencies agree that amendments to its terms are required.

2. Services Provided: The Participating Agencies shall establish a Training Division pursuant to paragraph 4 of this Agreement to provide the Program services, which include annual mandated training for fire suppression, EMS and other all-risk disciplines, as outlined by OSHA, NFPA, ISO, state and local regulatory bodies, and related training for personnel employed by the Participating Agencies. The Program will ensure that any and all continuing education requirements are offered to Participating Agencies' personnel to ensure certification and licensure maintenance and documentation of records via Vector Solutions or other approved recording systems. The Program shall provide EMS oversight, as required by

84 of 152

4 7
8 1
CCR Title 22, controlled substance accountability, resupply, mandatory controlled substance audits, designated infection control officer (DICO) and EMS JPA Supervisor, as required by the SMCo EMSA JPA Contract.

3. Invoices and Payment : Central County Fire will invoice the City of San Bruno on a quarterly basis commencing on October 1, 2022, for Program Costs, beginning on July 1, 2022, pursuant to the payment calculations set forth in Sections 9 and 10 of this Agreement.

San Bruno shall, within forty-five (45) days from the date of the invoice, pay to Central County Fire, the amount reflected in the invoice received.

4. Training Division Personnel: Staff for the Training Division shall be appointed to the following positions by the Fire Chiefs of the Participating Agencies. a. Training Division Battalion Chief employed by Central County Fire.

The Training Division Battalion Chief will provide oversight for the Training Division.
b. EMS Manager employed by Central County Fire. The EMS Manager may act as the EMS JPA Supervisor and provide EMS Training, and act as the DICO.

The EMS Manager will be responsible for all EMS training for personnel of the Participating Agencies.
c. Two Training Captains: one employed by Central County Fire and one employed by the City of San Bruno. The Captains will deliver operations training, probationary testing, development of SOP’s and SOG’s along with assisting the EMS Manager as needed.
d. One Administrative Assistant employed by Central County Fire. The Administrative Assistant will be responsible for all clerical work including documentation and scheduling.
e. The Fire Chief of each Participating Agencies shall appoint a temporary replacement for their Training Division Personnel who leave the Training Division.

Temporary replacements would serve until a new individual is identified by a testing process established for the Program.

5. Employment of Training Division Personnel: Personnel assigned to the Training Division shall remain as employees of their respective agencies which shall be solely responsible for payment of all salary, benefits and insurance for their personnel assigned to the Training Division, who shall be considered solely employees of their agencies, for all supervisory, disciplinary and other employment related purposes. The assigned personnel shall not be entitled to any benefits or other employment rights with any other Participating Agency with regards to services provided under this Agreement.

6. Overtime Reimbursement: The Training Division Battalion Chief shall approve

85 of 152

5 7
8 1
overtime for CCFD personnel assigned to the Training Division. The Fire Chief for San Bruno or his designee shall approve overtime for the San Bruno Training Captain. Personnel may work overtime for their host agency as provided in existing MOU's and/or rules and regulations.

7. Vehicles: Each Participating Agency shall provide vehicles, as it deems necessary for its personnel assigned to the Training Division.

8. Safety Equipment: Each participating agency shall provide all the appropriate safety gear to personnel assigned to the Training Division. Repair and replacement of this safety equipment shall fall onto the respective employee’s Agency.

9. Program Costs:
a. Program costs consist of 100% of the total compensation of the EMS Manager and Administrative Assistant and Program operations costs which include training supplies, equipment, records documentation, specialized instructors, and other items directly related to providing the Program ("Program Costs"). b. Program Costs will be reviewed each year. On or before February 1st each year, the Training Division Battalion Chief shall provide the Participating Agencies with the annual Program Costs which will be effective on July 1st each year.

The annual Program Costs will reflect changes in total compensation of Training Division Personnel and projected operations costs for the fiscal year commencing on July 1 and ending on the following June 30.

10. Allocation of Program Costs: The Program Costs shall be allocated to each Participating Agency as follows:
a. Training Division Battalion Chief-Employee of Central County Fire -no Program related costs are anticipated but Participating Agencies agree to review and determine at the end of the first year of this Agreement whether cost impacts have occurred and, if so, to amend this Agreement to provide for payment of those agreed upon costs.
b. EMS Manager-Employee of Central County Fire -position funded 30% by San Bruno and 70% by Central County Fire.
c. Two Captains- Respectively employed by the City of San Bruno and Central County Fire - -no Program related cost.
d. Administrative Assistant-Employee of Central County Fire-position funded 30% by San Bruno and 70% by Central County Fire.
e. All other Program Costs-funded 30% by the City of San Bruno and 70% by Central County Fire.

86 of 152

6 7
8 1
f. Training Facility at Station 37-No Program related costs.

11. Disability Leave or any Long-Term Leave: If Training Division Personnel are on long term paid leave, the Fire Chiefs of the Participating Agencies shall meet and confer regarding how to staff the position during the term of the leave.

12. Employee Performance: The Fire Chiefs of the Participating Agencies shall have the right to remove an individual from his or her position in the Training Division if he or she is performing at a substandard level. Every attempt should be made to correct the substandard behavior prior to removal from the program.

13. Employee Evaluations: Employee evaluations shall fall onto their respective agency’s direct supervisor. This evaluation may be shared with the participating Fire Chiefs, at their request.

14. Training Division Term Commitment (out clause): Training Division Personnel may elect to return to a position in their respective agency after a term of two (2) years. This term can be modified with a mutual agreement between the employee and the Participating employee’s Fire Chief. Training Division Personnel may formally request a reassignment under any of the following conditions:
a. There is an opening for the position held prior to the assignment in the Training Division.
b. The employee is retiring or resigning from employment with his or her Participating Agency.
c. The employee can no longer perform the duties of the training division due to injury that requires specific job accommodations. d. The request for reassignment shall be made when the opening occurs.
e. The request shall be in writing to the Fire Chief of the respective Department.
f. The employee has applied for and been selected for promotion.

g. The MOU of each respective agency will take precedence.

15. Termination or Withdrawal: At any time with or without cause, a Participating Agency may terminate its participation in this Agreement and withdraw

87 of 152

7 7
8 1
from the Program by giving at least 180 days prior written notice to the other Participating Agency. The Participating Agency that withdraws shall be liable for its share of Program Costs to the end of the current fiscal year.

16. Responsibility: No Participating Agency shall be responsible for acts or omissions of another Participating Agency's officers or employees and shall not incur any liability arising out of the services of any other Participating Agency's officers or employees.

17. Indemnity: Except for those claims arising out of willful misconduct, each Participating Agency agrees to hold harmless and indemnify the other parties, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage , and expense arising out of each Participating Agency's performance of this Agreement, and each Participating Agency agrees to defend the other parties, their elected and appointed officials, employees, and agents against any such claims.

18. Insurance: Each Participating Agency shall provide and maintain:
a. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
b. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.
c. Workers Compensation in at least the minimum statutory limits. d. General Provisions for all insurance. All insurance shall:

1. Include the other parties, their elected and appointed officials, employees, and agents as additional insured with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above- designated insured.

2. Be primary with respect to any insurance or self-insurance programs of the other parties, their elected and appointed officials, employees, and agents.

3. Be evidenced, prior to commencement of services, by
properly executed policy endorsements in addition to a certificate of insurance.

88 of 152

8 7
8 1

4. No changes in insurance may be made without the written approval of each Agency's counsel.

19. Not a Joint Venture or Joint Powers Authority: The Participating Agencies intend by this Agreement to establish only a cost sharing arrangement of the Participating Agencies with regard to the training program and do not intend to create a joint powers agency, partnership, joint venture or joint enterprise of any kind. ·

20. No Third-Party Beneficiary: This Agreement is only for the benefit of the Participating Agencies and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.

21. Notices: All notices required or permitted to be given under this Agreement shall be in writing and mailed postage prepaid by certified or registered mail to the appropriate address indicated below:

To Central County: Fire Chief
Central County Fire Department
1399 Rollins Road
Burlingame, CA 94010
To San Bruno: Fire Chief
San Bruno Fire Department
567 El Camino Real
San Bruno, CA 94066

22. Waiver: No failure on the part of any Participating Agency to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that Agency may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

23. Non-Discrimination : Each Participating Agency warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. No Participating Agency nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

24. Mediation Prior to Litigation: Should any dispute arise out of this Agreement, either Participating Agency may request that it be submitted to mediation.

The parties shall meet in mediation within 60 days of a request. The mediator shall be

89 of 152

9 7
8 1
agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service.

The mediator shall be selected by a "blindfolded" process.

The cost of mediation shall be borne equally by the parties. No party shall be deemed the prevailing party. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement.

25. Governing Laws and Venue: This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

26. Authority to Enter Agreement: Each party warrants that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind each respective party to abide by the terms and conditions of this Agreement.

27. Entire Agreement: This Agreement constitutes the complete and exclusive statement of the Agreement between the Participating Agencies. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by each Participating Agency to be bound, shall be binding on any of the Participating Agencies.

IN WITNESS WHEREOF, the Participating Agencies have executed this Agreement as the date indicated on page 1 (1).

90 of 152

-1-

AGREEMENT FOR JOINT TRAINING PROGRAM BETWEEN THE CENTRAL

RECITALS
WHEREAS, the Cities of Belmont, Foster City, Millbrae, San Bruno, San Mateo, and Central County Fire Department, for a number of years operated a Joint Operational and Emergency Medical Services (EMS) training program (the "Program"); and WHEREAS, Central County Fire began providing fire and emergency medical services to the City of Millbrae pursuant to a contract entered into on December 29, 2014; and
WHEREAS, the Belmont Fire Protection District ("District"), the City of Foster City, and City of San Mateo entered into a Joint Powers Authority Agreement creating the San Mateo Consolidated Fire Department to provide fire and emergency services within their jurisdictions and have now determined that they wish to withdraw from the Program and; WHEREAS, the Participating Agencies wish to enter into the Agreement to reflect the structure of the Program which has changed over the years, and to clearly delineate each Participating Agency's responsibilities for the Program; and Based upon these Recitals, the Participating Agencies agree as follows:

AGREEMENT

91 of 152

-2-
CCR Title 22, controlled substance accountability, resupply, mandatory controlled substance audits, designated infection control officer (DICO) and EMS JPA Supervisor, as required by the SMCo EMSA JPA Contract.

San Bruno shall, within forty-five (45) days from the date of the invoice, pay to Central County Fire, the amount reflected in the invoice received.

92 of 152

-3-

6. Overtime Reimbursement: The Training Division Battalion Chief shall approve overtime for CCFD personnel assigned to the Training Division. The Fire Chief for San Bruno or his designee shall approve overtime for the San Bruno Training Captain.

Personnel may work overtime for their host agency as provided in existing MOU's and/or rules and regulations.

7. Vehicles: Each Participating Agency shall provide vehicles, as it deems necessary for its personnel assigned to the Training Division.

10. Allocation of Program Costs: The Program Costs shall be allocated to each Participating Agency as follows:
a. Training Division Battalion Chief-Employee of Central County Fire - no Program related costs are anticipated but Participating Agencies agree to review and determine at the end of the first year of this Agreement whether cost impacts have occurred and, if so, to amend this Agreement to provide for payment of those agreed upon costs.
b. EMS Manager-Employee of Central County Fire -position funded 30% by San Bruno and 70% by Central County Fire.
c. Two Captains- Respectively employed by the City of San Bruno and Central County Fire - -no Program related cost.
d. Administrative Assistant-Employee of Central County Fire-position funded 30% by San Bruno and 70% by Central County Fire.

93 of 152

-4-
e. All other Program Costs-funded 30% by the City of San Bruno and 70% by Central County Fire.
f. Training Facility at Station 37-No Program related costs.

13. Employee Evaluations: Employee evaluations shall fall onto their respective agency’s direct supervisor. This evaluation may be shared with the participating Fire Chiefs, at their request.

g. The MOU of each respective agency will take precedence.

94 of 152

-5-

15. Termination or Withdrawal: At any time with or without cause, a Participating Agency may terminate its participation in this Agreement and withdraw from the Program by giving at least 180 days prior written notice to the other Participating Agency. The Participating Agency that withdraws shall be liable for its share of Program Costs to the end of the current fiscal year.

2. Be primary with respect to any insurance or self-insurance programs of the other parties, their elected and appointed officials, employees, and agents.

3. Be evidenced, prior to commencement of services, by

95 of 152

-6-
properly executed policy endorsements in addition to a certificate of insurance.

4. No changes in insurance may be made without the written approval of each Agency's counsel.

To Central County: Fire Chief
Central County Fire Department
1399 Rollins Road
Burlingame, CA 94010
To San Bruno: Fire Chief
San Bruno Fire Department
567 El Camino Real
San Bruno, CA 94066

96 of 152

-7-

24. Mediation Prior to Litigation: Should any dispute arise out of this Agreement, either Participating Agency may request that it be submitted to mediation.

The parties shall meet in mediation within 60 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a "blindfolded" process.

25. Governing Laws and Venue: This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

IN WITNESS WHEREOF, the Participating Agencies have executed this Agreement as the date indicated on page 1 (1).
(Insert Signature Blocks.)

97 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 11, 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 a Resolution Approving, Authorizing and Directing Execution of a Joint Exercise of Powers Agreement Related to the California Municipal Finance Authority and Approving the Issuance of Exempt Facility Bonds for a Qualified Housing Project at 732 – 740 El Camino Real by the Authority for the Purpose of Financing or Refinancing the Acquisition, Construction and Improvement of Certain Facilities for the Benefit of San Bruno Pacific Associates, a California Limited Partnership BACKGROUND:

Development Project
On March 10, 2022, the City of San Bruno received an application for a development project at 732 – 740 El Camino Real for the development of a six-story, 134-unit residential building on a

0.6-acre site with 25 off-street parking spaces on the ground level. The project will provide 40 affordable units, consisting of seven very low-income units, 26 low-income units, and seven moderate-income units. The application was submitted pursuant to Senate Bill 35, codified in state Government Code 65913.4, which limits review of projects to only objective standards in the zoning, specific plan or general plan and requires ministerial approval without a public hearing. In this case, the project was reviewed by staff and, as required by state law, approved on June 10, 2022, with an amended approval issued by staff on December 19, 2022. The project utilizes state density bonus law and other state laws which provide relief from development standards and requirements. For this project, relief from building height, parking and other standards was requested and granted. The applicant has submitted building permit plans and is seeking to receive an approved building permit in May 2023.

Housing Element
The approved 732 – 740 El Camino Real project was included as a “pipeline project” in the 2023 Housing Element. This reduced the number of housing sites the City needed to identify to meet the City’s Regional Housing Needs Allocation of 3,165 units for the 2003-2031 Housing Element cycle.

Developer Financing
San Bruno Pacific Associates, the developer of the project, has requested that the California Municipal Finance Authority (CMFA) issue a $60,000,000 exempt facility bonds for the development of the 732 - 740 El Camino Real project. In order for these bonds to be issued, the City of San Bruno must enter into a Joint Powers Agreement (JPA) with the CMFA, and conduct

98 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 2 of 3 ends

5 1
6 a public hearing pursuant to 26 CFR § 1.147(f)-1 and approve CMFA’s issuance of the bonds for the project at 732-740 El Camino Real.

DISCUSSION:

Joining the CMFA
The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California.

The CMFA was formed to assist local governments, non-profit organizations, and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. To date, over 350 municipalities have become members of CMFA, including Belmont, Daly City, Menlo Park, Redwood City, San Mateo, South San Francisco and San Mateo County.

For the CMFA to have the authority to serve as the issuer of the bonds for the Project, it is necessary for the City of San Bruno or County of San Mateo to become a member of the CMFA, and to provide “host approval” of the bond issuance. Under Federal law, the City or County is considered a host approver of the bond as the project is within the geographic boundaries of the jurisdiction.

A copy of the Joint Exercise of Powers Agreement with CMFA is attached to the resolution.

If the City Council approves the issuance of the bonds, the bonds would be issued by the CMFA, and as such the City will have no financial, legal, or moral obligation, liability or responsibility for the Project or the repayment of the bonds for the financing of the Project. All financing documents with respect to the issuance of the bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the borrower.

There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City.

The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA.

Public Hearing
Subject to Federal law (26 CFR § 1.147(f)-1), the City must hold a public hearing and provide “host approval” for the issuance of the exempt facility bonds by CMFA. The hearing allows members of the public an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. This public hearing is not for comment on the Project in general, as the project is already received the ministerial planning approval.

99 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 3 of 3 ends

5 1
6 FISCAL IMPACT:

There is no direct fiscal impact from this action, as there is no financial obligation to the City to be a member of the CMFA.

ENVIRONMENTAL IMPACT:

City Council’s action is not considered a “Project” per the California Environmental Quality Act (CEQA) Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

The recommendation is to conduct the public hearing and adopt a resolution for the City of San Bruno to become a member of the CMFA and approve CMFA’s issuance of $60,000,000 in exempt facilities bonds for the 732-740 El Camino Real project.

ALTERNATIVES:

If the City chooses not to become a member of the CMFA the developer would need to seek alternate funding for the project.

ATTACHMENTS:

1. Resolution with Exhibit A: CMFA Joint Powers Agreement

100 of 152

RESOLUTION NO. 2023-____

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

APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A JOINT

EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA

MUNICIPAL FINANCE AUTHORITY AND APPROVING THE ISSUANCE OF

EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT AT 732-740 EL CAMINO REAL BY THE AUTHORITY FOR THE

PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION,

CONSTRUCTION AND IMPROVEMENT OF CERTAIN FACILITIES FOR THE

BENEFIT OF SAN BRUNO PACIFIC ASSOCIATES, A CALIFORNIA LIMITED

PARTNERSHIP
W
HEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, the City of San Bruno (the “ City”), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City , including the financing of projects by the Authority; and WHEREAS, there is now before this City Council (the “ City Council”) the form of the Agreement; and
WHEREAS, the Agr eement has been filed with the City , and the members of the City Council, with the assistance of its staff, have reviewed said document; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction, acquisition, and rehabilitation of capital projects; and
WHEREAS, San Bruno Pacific Associates, a California Limited Partnership (the “Borrower”) a partnership of which Pacific West Communities, Inc. (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $60,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 732-740 El Camino Real, San Bruno, California (the “Project”); and WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Code, requires that an “applicable elected representative” of the governmental unit, the

101 of 152

2 geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and
WHEREAS, the Authority has det ermined that the City Co uncil is an “applicable elect ed representative” for purposes of holding such hearing; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and, the requirements of Section 4 of the Agreement; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore, on April 11, 2023, held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority’s issuance of the Bonds therefor; and WHEREAS, i t i s i n t he public i nterest and for the public benef it that t he City Co uncil approve the issuance of the Bonds by the Authority for the aforesaid purposes; NO
W, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS:

Section 1. The f oregoing recitals are true and correct.

Section 2. The Agreement, attached hereto as Exhibit A, is hereby approved and the Mayor (or in his absence, the Mayor Pro Tem), or the designee thereof, is hereby authorized and directed to execute said document, and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto.

Section 3. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds (a) by the “applicable elected representative” of the governmental unit having jurisdiction over the area in which the Project is located in accordance with Section 147(f) of the Code and; (b) by the City Council in accordance with Section 4 of the Agreement.

Section 4. The is suance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party . The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 5. The adopt i on of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 6. The exec uting officers(s), the City Clerk and all other proper officers and officials of the City a re hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

102 of 152

3 Section 7. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 941111
D
ated: April 11, 2023
-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 this 11th day of April 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

AT
TEST:

Lupi
ta Huerta, City Clerk

103 of 152

Exhibit A
California Municipal Finance Authority
Joint Powers Agreement

104 of 152

JOINT EXERCISE OF POWERS AGREEMENT

RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY

THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, a re referred to as the “Members” and those parties initially executing this Agreement are referred to as the “Initial Members”):

WITNESSETH

WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date he reof and as the same may from time to time be amended or supplemented, the “Joint Exercise of Powers Act”), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and

WHEREAS, each of the Members is a “ public agency” as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and

WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of oppo rtunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and

WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and

WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and

WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and

WHEREAS, a public entity establ ished pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein “Bon ds”), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and

105 of 152

WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and

WHEREAS, it is the desire of the Memb ers to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and

WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and

WHEREAS, by this Agreement, each Member desires to create and establish the “California Municipal Finance Authority” for the purposes set forth herein and to exercise the powers provided herein;

NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:

Section 1. Purpose.

This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act.

The purpose of this Agreement is to establish a pu blic entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth.

Section 2. Term.

This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or cause d to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority’s debts, liabilities and obligastions.

Section 3. Authority.

A. CREATION AND POWERS OF AUTHORITY.

Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “California Municipal Finance Authority” (the “Authority”), and said Authority shall be a public entity separate and apart from the Members. Its

106 of 152

debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members.

B. BOARD.

The Authority shall be administered by the Board of Directors (the “Board,” or the “Directors” and each a “Director”) of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the “Foundation”), with each such Director serving in his or her individual capacity as a Direct or of the Board . The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes a nd functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in th e Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation.

All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director.

Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the B oard shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose.

The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as pro vided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement.

C. OFFICERS; DUTIES; OFFICIAL BONDS.

The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice -Chair, and a Secretary of the Authority from among Directors to serve until such officer is re -elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board.

Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (ea ch such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent, and except as may otherwise be

107 of 152

specified by resolution of the Board, the Treasurer is desig nated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.

The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specifie d by resolution of the Board but in no event less than $1,000.

The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants.

The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directo rs, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.

D. MEETINGS OF THE BOARD.
(1) Ralph M. Brown Act.

All meetings of the Board, including, without limi tation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of Calif ornia), or any successor legislation hereinafter enacted (the “Brown Act”).

(2) Regular Meetings.

The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the hol ding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.

(3) Special Meetings.

Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.

108 of 152

(4) Minutes.

The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director.

(5) Quorum.

A majority of the Board shall constitute a quorum for t he transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place.

E. RULES AND REGULATIONS.

The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required.

Section 4. Powers.

The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powe rs shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including , but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes.

Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorize d representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as m ay be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in

109 of 152

connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member.

The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not.

Section 5. Fiscal Year.

For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004.

Section 6. Disposition of Assets.

At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter rem ain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members.

Section 7. Bonds.

From time to time the Authority shall issue Bonds, in one or more series, for the purp ose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement.

The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be u sed by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose.

Section 8. Bonds Only Limited and Special Obligations of Authority.

The Bonds, together with th e interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental th ereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the

110 of 152

principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment.

No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.

Section 9. Accounts and Reports.

All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice a nd by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds).

The books and records of the Authority shall be open to inspection at all reasonable times by each Member.

The Treasurer of the Authority shall caus e an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, tha t to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination.

The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall d escribe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with an y Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.)

Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose.

In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period.

111 of 152

Section 10. Funds.

Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall re ceive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purpo ses of this Agreement.

Section 11. Notices.

Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provid e notices and other communications and postings electronically (including, without limitation, through email or by posting to a website).

Section 12. Additional Members/Withdrawal of Members.

Qualifying public agencies may be added as parties to this Agreement and be come Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and deli very hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member.

Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing.

A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing.

Section 13. Indemnification.

To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a procee ding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in c onnection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such pe rson was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.

112 of 152

Section 14. Contributions and Advances.

Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contrib ution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit’s or nonprofit organization's purposes.

Section 15. Immunities.

All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged i n the performance of any of their functions or duties under the provisions of this Agreement.

Section 16. Amendments.

Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such p roposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members.

Section 17. Effectiveness.

This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, togethe r with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof.

113 of 152

Section 18. Partial Invalidity.

If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement s hall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.

Section 19. Successors.

This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expres sly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members.

Section 20. Miscellaneous.

This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.

Wherever in this Agreement any consent or approval is required, the sa me shall not be unreasonably withheld.

This Agreement shall be governed under the laws of the State of California.

This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement.

114 of 152

IN WITNESS WHEREOF, the City of San Bruno has caused this Agreement to be executed and attested by its duly authorized representatives as of the ___ day of _____________, 2023.

Member:

CITY OF SAN BRUNO

By
Name:

Title:

ATTEST:

By
Name:

Title:

115 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 11, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Bobby Magee, Interim Finance Director
Matthew Lee, Public Works Director
SUBJECT: Consider Adoption of a Resolution Directing Staff to Initiate the Property Owner Notice and Protest Process as Required by Proposition 218 for the FY 2023-24 Solid Waste Rate Increase Proposed by Recology San Bruno BACKGROUND: The City of San Bruno’s new Franchise Agreement1 (Agreement) with Recology San Bruno (Recology) became effective on January 1, 2023. According to this Agreement, Recology is entitled to annual rate adjustments based on a Detailed Rate Year analysis every three years, beginning with Year Four, and an Interim Rate Year analysis for the other years, beginning with Year Three.

The new Agreement also included a 6.03% rate increase for residential services and a 16.81% rate increase for commercial and debris box services that began on January 1, 2023, with a plan to adjust rates again in mid-2023 and at the beginning of each fiscal year thereafter as described above. For July 1, 2023, and July 1, 2024, the Agreement includes negotiated rates for services as follows:

Table 1: Rate Adjustments
Sector Effective July
1, 2023 Example
Residential 9.58% $3.30 monthly increase for a 32-gallon residential cart
Commercial & Debris Box 9.58% $9.25 monthly increase for a 64-gallon commercial cart
The requested service rate adjustments are reflective of higher-than-normal inflation and new and enhanced services included in the Agreement. The proposed 9.58% rate adjustment includes three components, as follows:
•Customer Billing (1.23% or equates to $0.42 per month increase for a 32-gallon residential cart) – Pursuant to the Agreement, beginning July 1, 2023, Recology will take over customer billing and collection of payments. Direct billing of solid waste services by Recology will streamline customer service for residents and businesses. Currently, customers must now contact the City for billing questions and Recology for operational issues such as missed pickups and service changes. Under the new service model, Recology will be the sole point of contact for all questions related to a customer’s bill and 1 https://www.sanbruno.ca.gov/399/Solid-Waste-Recycling

116 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 2 of 4 ends

5 4
4 services. Additionally, the change will reduce the workload of the City’s Finance Department by freeing up staff time from responding to customer service calls and processing payments, as well as bill collection activities. This will allow for staff to focus additional time on accounts payable and purchasing activities. •A Franchise Fee for Street Sweeping and Catch Basin Waste Removal (6.35% or equates to $2.19 per month increase for a 32-gallon residential cart) – Pursuant to the Agreement, Recology may collect a franchise fee for street sweeping and catch basin waste removal, which is currently paid for by the City. The City’s stormwater fees, collected on the County property tax roll, have not been adjusted since 1994, and continue to experience a significant deficit each year. This franchise fee will fund removal of solid waste from catch basins based on the nexus with solid waste collection through a similarly apportioned fee charged to the solid waste service provider. This will have a positive impact on the stormwater fund’s continual negative balance. •Annual Scheduled Rate Increase per the Agreement (2.00% or equates to $0.69 per month increase for a 32-gallon residential cart) - This is the standard annual increase per the Agreement for this upcoming fiscal year to reflect annual adjustments in costs to provide the services.

As shown in Table 1 above, the total requested service rate adjustment is 9.58% for both residential and commercial and debris box services, to be effective July 1, 2023.

On March 14, 2023, the City Council reviewed and provided direction to staff regarding the process to set the FY 2023-24 solid waste rates proposed by Recology. The City Council took action to authorize the rates to be set by resolution.

DISCUSSION:

Examples of the proposed FY2023-24 rate adjustment for typical residential and commercial services include:

Table 2: Sample Monthly Solid Waste Services Fees
Type
Current Rate
Effective January
1, 2023
Proposed Rate
Effective
July 1, 2023
Change
Residential
16-gallon cart $21.81 $23.90 $2.09
20-gallon cart $26.74 $29.30 $2.56
32-gallon cart $34.49 $37.79 $3.30
64-gallon cart $68.98 $75.59 $6.61
96-gallon cart $103.47 $113.38 $9.91
Commercial
64-gallon cart, 1 per week $96.54 $105.79 $9.25
1-yard container, 1 per week $202.67 $222.09 $19.42
This increase would be effective for bills produced on or after July 1, 2023.

Franchise Fee for Street Sweeping and Catch Basin Waste Removal Costs Under the Agreement between the City and Recology, Recology pays the City a franchise fee as consideration for the special privilege granted by the City to be the exclusive provider of solid waste collection services in the City, which includes its special rights to ownership of solid waste

117 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 3 of 4 ends

5 4
4 put out for collection and to keep its collection carts, bins, and containers in the public right-of- way.

Over the last two months, the City and Recology have discussed modifying the franchise fee, as allowed for in the Agreement, to account for costs incurred by the City to collect solid waste through street sweeping and catch basin waste removal due to improper collection activities.

The City maintains a storm water collection system comprised of streets, gutters, and inlets/catch basins to collect and manage storm water. Removal of solid waste from this system is important to both proper storm water control and to preventing solid waste from degrading water quality. Most of the solid waste that the City must remove from its storm water collection system is generated within the City on private and public properties, which are all generally required to subscribe to solid waste collection services from City’s exclusive solid waste service provider, Recology. When Recology or individual waste generators do not properly manage the collection of solid waste, a percentage of the solid waste generated in the City ends up in the City’s storm water collection system, where it must be removed by the City. The City removes solid waste generated on private and public properties from its storm water collection system through street sweeping and clearing catch basins. Street sweeping captures solid waste that ends up in public streets as a result of improper collection. Solid waste that is not captured by street sweeping is collected in catch basins and collected when the City clears the basins. Both of these activities are an essential part of solid waste collection in the City.

To determine the proper amount of the fee, the City retained the services of R3 Consulting Group, Inc. (R3). R3 prepared a cost allocation study, provided as Attachment 3, to estimate the portion of the City’s costs for street sweeping and catch basin waste removal that may be eligible for cost recovery via a fee paid by the City’s solid waste service provider, Recology, pursuant to the Agreement with the City. This report provides the results of the analysis. This study was based on the City’s current reported costs for street sweeping and for removal and disposal of waste collected in storm drain catch basins. Using the information provided by the City, R3 calculated the proportion of these costs that may be attributed to the collection of solid waste generated within the City. The calculated annual fee amount based on the analysis is $798,993, in current year dollars. This amount can be escalated by the Consumer Price Index or other reasonable escalation factors in future years to keep up with the increasing cost of providing these services.

This was calculated at $798,993, which encompasses $557,122 in current annual street sweeping costs, which are net of reimbursements to the City from CalTrans for the sweeping of El Camino Real, and $478,259 for catch basin waste removal costs. The annual costs attributable to ratepayers calculated by R3 have been provided to Recology and are included in the current rate adjustment request.

If the City Council directs the City to proceed with the rate adjustment process, staff will prepare an amendment to the City’s Agreement with Recology for the City Council’s consideration. The amendment would include the additional franchise fee and memorialize the new collection service fees effective July 1, 2023.

Property Owner Notice and Protest Process
The proposed rate adjustments, as indicated in Table 2 above, are subject to Section 6 of Article XIIID of the California Constitution (Proposition 218). Therefore, staff seeks direction regarding the public hearing process required by Proposition 218 for the City Council to

118 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 4 of 4 ends

5 4
4 consider adopting the new FY 2023-24 rates by resolution effective July 1, 2023.

In summary, Proposition 218 requires the City Council to hold a noticed public hearing on the rates. The hearing cannot occur less than 45 days after mailing a notice of the proposed rates to the record owners of property and to the customers subject to the rates. At the conclusion of the public hearing, the City must tabulate the written protests against the proposed rates and determine if a majority protest exists. A majority protest will exist if written protests have been presented, and not withdrawn, by the record owners or customers of record of a majority of the parcels subject to the rates. If a majority protest exists, the City Council cannot adopt the proposed rates.

Rate Adjustment Adoption Timeline
As directed by City Council on March 14, 2023, the FY 2023-24 solid waste rates proposed by Recology San Bruno are planned to be adopted by resolution via the following timeline:

Table 3: Rate Setting Resolution Adoption Timeline
April 2023
On or before April 25 – City Council directs staff to
provide 45-day notice about proposed rates
On or before April 29- Notices mailed to start 45-day
period
May 2023

June 2023
June 13 – City Council holds public hearing,
considers any protests, takes action to adopt
resolution setting new rates
July 2023 July 1 – New rates take effect
FISCAL IMPACT: Administering the Proposition 218 process will cost approximately $12,200 for the mailing and postage which is budgeted in the Finance Department’s operational budget.

The proposed rate increase does not have a direct effect on City budget.

RECOMMENDATION: Consider adoption of a resolution directing staff to initiate the property owner notice and protest process as required by Proposition 218 for the FY 2023-24 solid waste rate increase proposed by Recology San Bruno.

ALTERNATIVES:

1.Do not proceed with the process to adopt new rates.

ATTACHMENTS:

1. Resolution

2. Draft Proposition 218 Notice

3. Street Sweeping and Catch Basin Waste Removal Cost Study

119 of 152

RESOLUTION NO. 2023 - _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO DIRECTING STAFF

TO INITIATE THE NOTICE, HEARING AND PROTEST PROCESS REQUIRED BY PROPOSITION 218 FOR THE PROPOSED FY 2023-24 SOLID WASTE RATE INCREASE WHEREAS, the existing Franchise Agreement for Solid Waste Collection Services between the City of San Bruno and Recology San Bruno became effective on January 1, 2023; and
WHEREAS, the Franchise Agreement includes annual adjustments to service recipient rates including a 2% rate adjustment effective July 1, 2023; and WHEREAS, the City of San Bruno and Recology San Bruno have negotiated the rate adjustment for FY 2023-24 to be reflective of higher-than-normal inflation and new and enhanced services, including Recology San Bruno taking over customer billing and collection of payments and a franchise fee for street sweeping and catch basin waste removal, which calculates to a total 9.58% increase effective July 1, 2023; and WHEREAS, the proposed solid waste rate increase is subject to Section 6 of Article XIIID of the California Constitution (Proposition 218), which requires a public hearing and majority protest process following at least 45 days’ mailed notice to the solid waste collection service customers.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno directs staff to initiate the notice, hearing, and protest process as required by Proposition 218 for the proposed FY 2023-24 solid waste rate increase to be effective July 1, 2023. ---oOo---
I hereby certify that foregoing Resolution No. 2023 - ______ was introduced and adopted by the San Bruno City Council at a regular meeting on April 11, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

Lupita Huerta, City Clerk

120 of 152

NOTICE OF PUBLIC HEARING REGARDING

PROPOSED INCREASE TO

Recology San Bruno’s
Solid Waste Collection Service Rates

NOTICE IS HEREBY GIVEN that the City Council will hold a public hearing on June 13, 2023, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the adoption of a proposed increase to solid waste collection service rates.

The City Council meeting will be held in the Senior Center located at 1555 Crystal Springs Road, San Bruno CA 94066. Please check the agenda for the June 13, 2023, City Council meeting once it is posted on the City’s website for additional information about how you can participate in the public hearing.

The proposed rate increase is shown on the attached charts. If you have any questions regarding the charges for your solid waste collection services, please visit our website and click on “Proposed Solid Waste Rate Increase” at https://www.sanbruno.ca.gov/271/Current-Utility-Fee-Schedules.

The City currently contracts with a private solid waste hauler, Recology San Bruno. On September 27, 2022, the San Bruno City Council approved a new agreement with Recology San Bruno for residential and commercial garbage, recyclable materials, and organics waste collection. The agreement helps ensure that the City complies with State solid waste regulations. The City is proposing the rate increase to cover the cost of the services provided under the new agreement.

At the public hearing, the City Council will hear and consider all objections or protests to the proposed increase to service rates. Any property owner or property tenant that is directly responsible for payment of service rates (each a “customer”) may submit a written protest against the proposed increase. If a parcel has more than one customer, only one written protest against the proposed increase will be counted. A majority protest against the service rate increase will exist if at the end of the public hearing there are written protests submitted by a majority of the customers subject to the proposed rate increase. The City Council cannot adopt the proposed rate increase if a majority protest exists.

Written protests may be emailed to [email protected] or mailed or personally delivered to: Solid Waste Rate Protest, City of San Bruno, Office of the City Clerk, 567 EI Camino Real, San Bruno, CA 94066. Written protests may also be personally delivered to the City Clerk during the public hearing. To be counted, the protest must (1) be in writing, (2) state opposition to the proposed rate increase, (3) identify the parcel (by assessor’s parcel number or street address), (4) include the original signature of the customer submitting the protest, and (5) be received before the conclusion of the public hearing on June 13, 2023. Protests which are mailed or delivered to the Office of the City Clerk must arrive prior to 4:00 p.m. on June 13, 2023, to be counted. All written protests, including those received by email, must include a signature of the customer to be counted.

121 of 152

Proposed Increase for Recology San Bruno’s
Solid Waste Rates
Effective July 1, 2023

Residential (1-3 Units)
Current
Monthly Rate
Proposed
Monthly Rate
Weekly Refuse and Recycling Services includes
Bi weekly 96 Gallon Toter Waste Service
Toter - 16 gallon $ 21.81 $ 23.90 Toter - 20 gallon $ 26.74 $ 29.30 Toter - 32 gallon $ 34.49 $ 37.79 Toter - 64 gallon $ 68.98 $ 75.59 Toter - 96 gallon $ 103.47 $ 113.38
Low Income 32 gallon $ 25.87 $ 28.35 Each additional 32 gallon $ 34.49 $ 37.79 Additional 96 gallon green waste $ 10.43 $ 11.43 Extra bag service $ 16.21 $ 17.76 Contaminated recycling penalty $ 32.42 $ 35.53 Bin Buddy Strap Replacement

Multi-Unit Residential (4+ units)
Weekly refuse and Specialized Recycling Services
Bins, Cans & Carts (4-99 units) $ 34.49 $ 37.79 Bins (100+ units) $ 32.76 $ 35.90 Bin Rental - 1 yard $ 43.39 $ 47.55 Bin Rental - 2 yard $ 50.34 $ 55.16

Inside Pull-Out Service
0-25 feet $ 10.90 $ 11.94

Excess Disposal/Overflowing Container Penalty
Service charge/penalty for excess disposal/overflowing
container per occurrence $ 17.72 $ 19.42

Key/Lock Service
Additional monthly charges of the following will be applied on each use of a key (including key, keypad, combination lock, automatic door opener, or any other entry mechanism) that is required to open a lock or to enter or leave the premises:
1 per week $ 12.47 $ 13.66
2 per week $ 24.94 $ 27.33
3 per week $ 37.41 $ 40.99
4 per week $ 49.88 $ 54.66
5 per week $ 62.35 $ 68.32
Saturday $ 18.70 $ 20.49

122 of 152

Proposed Increase for Recology San Bruno’s
Solid Waste Rates
Effective July 1, 2023

Debris Boxes 1/1/2023 7/1/2023
Delivery and pick up included
4 yard mini (per day) $ 249.94 $ 273.88 6 yard mini (per day) $ 315.73 $ 345.98 7 yard debris (1-5 business days) $ 605.12 $ 663.09 16 yard debris (1-5 business days) $ 670.84 $ 735.11 20 yard debris (1-5 business days) $ 736.66 $ 807.23 25 yard debris (1-5 business days) $ 920.77 $ 1,008.98 30 yard debris (1-5 business days) $ 1,068.10 $ 1,170.42 Debris Box Hold-overs (after 5th day) Saturday P/U
Compacted Garbage (per Yard) $ 74.95 $ 82.13 Saturday Pick-ups at 150% of rate

Commercial - Regular Toters
Weekly Refuse and Specialized Recycling Services
32 gallon $ 48.29 $ 52.92
64 gallon $ 96.54 $ 105.79
96 gallon $ 144.84 $ 158.72
Saturday Pick-ups at 150% of rate

Commercial - Organics Toters
Weekly Refuse and Specialized Recycling Services
32 gallon $ 36.22 $ 39.69
64 gallon $ 72.46 $ 79.40
96 gallon $ 108.68 $ 119.09
Saturday Pick-ups at 150% of rate

Contaminated Commercial Organics and/or Recycling
32 gallon $ 11.14 $ 12.21
64 gallon $ 22.28 $ 24.41
96 gallon $ 33.43 $ 36.63
1 Yard $ 46.78 $ 51.26
2 Yard $ 93.48 $ 102.44
3 Yard $ 130.25 $ 142.73
4 yard $ 160.45 $ 175.82
6 yard $ 220.71 $ 241.85
Overflow for commercial garage $ 46.78 $ 51.26 Overflow for commercial organics $ 35.08 $ 38.44

Contaminated Residential Organics and/or Recycling
32 gallon $ 17.86 $ 19.57
64 gallon $ 35.72 $ 39.14
96 gallon $ 53.58 $ 58.71

123 of 152

Effective 7/1/23 9.58% Effective 7/1/23
Commercial Container Monthly
Rates Column1 Column2 Column3 Column4 Column5
P/U per Week 1 yd 2 yd 3 yd 4 yd 6 yd
1 x per $ 222.09 $ 444.00 $ 618.70 $ 761.82 $ 1,048.17 2 x per $ 444.16 $ 887.96 $ 1,237.39 $ 1,523.66 $ 2,096.34 3 x per $ 666.26 $ 1,331.97 $ 1,856.09 $ 2,285.44 $ 3,144.49 4 x per $ 888.34 $ 1,775.96 $ 2,474.79 $ 3,047.28 $ 4,192.66 5 x per $ 1,110.41 $ 2,219.96 $ 3,093.48 $ 3,809.10 $ 5,240.83 Sat. p/u $ 333.13 $ 665.97 $ 928.03 $ 1,142.72 $ 1,572.24 Extra p/u $ 51.26 $ 102.44 $ 142.73 $ 175.82 $ 241.85 Bin Rental $ 52.38 $ 60.77 $ 66.31 $ 71.14 $ 76.38

Commercial Container Organics
Monthly Rates
P/U per Week 1 yd 2 yd 3 yd 4 yd 6 yd
1 x per $ 166.54 $ 332.97 $ 464.04 $ 571.38 $ 786.13 2 x per $ 333.15 $ 665.95 $ 928.07 $ 1,142.77 $ 1,572.24 3 x per $ 499.72 $ 998.90 $ 1,392.09 $ 1,714.14 $ 2,358.35 4 x per $ 666.27 $ 1,331.87 $ 1,856.12 $ 2,285.53 $ 3,144.45 5 x per $ 832.82 $ 1,664.86 $ 2,320.15 $ 2,856.96 $ 3,930.58 Sat. p/u $ 249.84 $ 499.49 $ 696.04 $ 857.08 $ 1,179.18 Extra p/u $ 38.44 $ 76.83 $ 107.06 $ 131.86 $ 181.41 Bin Rental $ 39.26 $ 45.59 $ 49.73 $ 53.35 $ 57.31

124 of 152

FINAL REPORT
City of San Bruno

Submitted electronically on October 22, 2020

Submitted electronically: April 7, 2023

Street Sweeping and Catch Basin
Waste Removal Cost Allocation Study

125 of 152

City of San Bruno | Street Sweeping and Catch Basin Waste Removal Cost Allocation Study Page 1 of 4

April 7, 2023

Mr. Matthew Lee
Public Works Director
City of San Bruno
567 El Camino, CA 94066

SUBJECT: Street Sweeping and Catch Basin Waste Removal Cost Allocation Study – Final Report

Dear Mr. Lee:

R3 Consulting Group, Inc. (R3) was asked by the City of San Bruno (City) to conduct a Street Sweeping and Catch Basin Waste Removal Cost Allocation Study to estimate the portion of the City’s costs for street sweeping and catch basin waste removal that may be eligible for cost recovery via a fee paid by the City’s solid waste service provider, Recology, pursuant to its exclusive solid waste collection agreement with the City. This Report provides the results of the analysis.

This study was based on the City’s current reported costs for street sweeping and for removal and disposal of waste collected in storm drain catch basins. Using the information provided by the City, R3 calculated the proportion of these costs that may be attributed to the collection of solid waste generated within the City. The calculated annual fee amount based on our analysis is $798,993, in current year dollars. This amount can be escalated by the Consumer Price Index or other reasonable escalation factors in future years to keep up with the increasing cost of providing these services.

This analysis is based on underlying assumptions for which reasonable ranges exist, including but not limited to estimated amounts of waste collected by the City’s street sweeping and in its catch basins that might, in fact, originate from outside the City. Where feasible, we have applied conservative logic to such assumptions, meaning that the resulting calculation of attributable costs are intentionally low in order to provide for a defensible analysis.

* * * * * We appreciate the opportunity to be of service to the City. Should you have any questions regarding this Report or need any additional information, please don’t hesitate to reach out directly.

Sincerely,

Scott Hanin | Senior Vice President Jim Howison | Sr. Managing Consultant R3 Consulting Group, Inc. R3 Consulting Group, Inc. 510-812-7144 | [email protected] 925-768-244 | [email protected]

126 of 152

City of San Bruno | Street Sweeping and Catch Basin Waste Removal Cost Allocation Study Page 2 of 4 The Nexus Between Solid Waste Collection and Street
Sweeping and Catch Basin Waste Removal
The City maintains a storm water collection system comprised of streets, gutters, and inlets/catch basins to collect and manage storm water. Removal of solid waste from this system is important to both proper storm water control and to preventing solid waste from degrading water quality. This has been an increasingly important focus of the National Pollutant Discharge Elimination System (NPDES) over the last 10 year and is now a common storm water quality requirement for cities in the NPDES permit process.

Most of the solid waste that the City must remove from its storm water collection system is generated within the City on private and public properties, which are all generally required to subscribe to solid waste collection services from City’s exclusive solid waste service provider, Recology. The City establishes fees that subscribers must pay for Recology’s collection services in accordance with Proposition 218. Under Proposition 218, solid waste collection fees do not require voter approval but are subject to majority protest by property owners or ratepayers and require proportionality and a public hearing.

When Recology or individual waste generators do not properly manage the collection of solid waste, a percentage of the solid waste generated in the City ends up in the City’s storm water collection system, where it must be removed by the City. The City removes solid waste generated on private and public properties from its storm water collection system through street sweeping and clearing catch basins.

Street sweeping captures solid waste that ends up in public streets as a result of improper collection.

Solid waste that is not captured by street sweeping is collected in catch basins and collected when the City clears the basins. Both of these activities are an essential part of solid waste collection in the City.

Based on the nexus between street sweeping and solid waste collection, many jurisdictions fund a portion of their street sweeping costs via a fee paid by the solid waste service provider in an amount that is proportionate to the cost of providing solid waste collection services to ratepayers. Some cities (e.g., Solano Beach, Carlsbad and Signal Hill) similarly fund removal of solid waste from catch basins based on the nexus with solid waste collection through a similarly apportioned fee charged to the solid waste service provider.

Street Sweeping and Catch Basin Waste Removal Costs
Street Sweeping
The City provided information to R3 documenting a total of $557,112 in current annual street sweeping costs, which are net of reimbursements to the City from CalTrans for the sweeping of El Camino Real.

Total annual costs are summarized in the following table.

Table 1: Total Annual Street Sweeping Costs
Street Sweeping Costs Total
Cost per Hr. $ 212.61
Total Hours 2,602
- Total Street Sweeping Costs $ 553,211 CalTrans reimbursement for sweeping El Camino Real 20,411 Reimbursement Amt. Allowed (16,500)
Reimbursement amount not allowed $ 3,911 Total Street Sweeping Cost excluding CalTrans Reimb. $ 557,122

127 of 152

City of San Bruno | Street Sweeping and Catch Basin Waste Removal Cost Allocation Study Page 3 of 4 Catch Basin Waste Removal
The City provided information to R3 documenting a total of $478,259 in catch basin waste removal costs, which includes planned capital expenses associated with purchase and installation of new catch basin waste capture inserts ($400,000 estimated over 10 years). Total annual costs are summarized in Table 2, below.

Table 2: Total Annual Catch Basin Waste Removal Costs
Catch Basin Waste Removal Costs Total

Maintenance Worker II's $ 129,422
Mark-up with fringe @ 36% 46,592
- Total Labor Costs before administrative fees $ 176,013

Vactor 117,000
Truck(s) w/Tools 58,721
Arrow board truck 29,361
- Total Equip. Costs before administrative fees $ 205,082

- Total Costs before administrative fees $ 381,095

Administrative Fee @ 15% 57,164

Additional Catch Basin Inserts (Est. $400,000 over 10
years) $ 40,000

Total Cost for Cleaning Waste Capture Devices $ 478,259

Allocation Methodology
Street Sweeping
To determine the percentage of street sweeping costs that can be allocated to ratepayers served by Recology, the City could consider either the proportion of parcels receiving street sweeping services in the City that are attributable to ratepayers or the proportion of street sweeping miles served that are attributable to ratepayer properties.

To calculate the proportion of parcels receiving street sweeping services in the City that are attributable to ratepayers, R3 compared the number of solid waste customer accounts (10,542 accounts), which does not include school and other governmental properties, to the total number of parcels that receive the City’s street sweeping service (12,934 parcels). Based on this methodology, the City could attribute

81.5% of its total annual street sweeping costs to solid waste generated by ratepayers. This is the proportion recommended by R3 because it is the more conservative of the methodologies reviewed.

To calculate the proportion of street sweeping miles served that are attributable to ratepayer properties, R3 compared the number of street sweeping miles along residential and commercial properties (192 miles) to the total number street sweeping miles along all properties (210 miles). Based on this methodology, the City could attribute 91.4% of its total street sweeping costs to solid waste generated by ratepayers.

128 of 152

City of San Bruno | Street Sweeping and Catch Basin Waste Removal Cost Allocation Study Page 4 of 4

Both of the above allocation methodologies assume that all waste in the streets is generated within the City, and the results do not account for the possibility of waste generated outside of the City being collected via street sweeping operations. To account for this probability, R3 recommends applying a further 5% reduction factor to the allocations, which is based on City-reported figures that 17% of traffic in the City is “pass-through” traffic, and State of California figures that up to 25% of drivers litter on streets (17% times 25% yields 4.25%, which has been rounded up to 5% for the purposes of this analysis).

Applying this reduction factor yields a 77.4% allocation for the recommended methodology (81.5% times 95%) and an 86.8% allocation for the alternative methodology. This report uses the lower 77.4% allocation for calculating the proportion of street sweeping expenses to Recology’s ratepayers.

Catch Basin Waste Removal
To determine the percentage of catch basin clearance costs that can be allocated to ratepayers served by Recology, R3 compared the number of catch basins serving public streets (approximately 1,273) to the total number of catch basins in the City (1,414), which includes basins on private and public properties) .

This yields a ratio of 90%. R3 recommends applying the same 5% reduction factor to account for the possibility of waste generated from outside the City being littered on City streets. R3 further recommends applying an additional 10% reduction factor to account for the fact catch basin clearance includes removal of sediment, which is not considered to be solid waste. Application of these two reduction fac tors yields a

76.9% allocation (90% times 95% times 90%) for calculating the proportion of catch basin waste removal expenses attributable to Recology’s ratepayers.

Fee Calculation
Taking the total annual costs of street sweeping in the City ($557,122) times the allocation factor associated with street sweeping services provided to solid waste generators and ratepayers (77.4%) yields $431,212 as the proportionate allocation.

Taking the total catch basin waste removal costs in the City ($478,259) times the allocation factor associated with catch basin waste removal services provided to solid waste generators and ratepayers (76.9%) yields $367,781 as the proportionate allocation.

The total of the above yields $798,993 in costs eligible for fee recovery in fiscal year 2023-24, which may be escalated by the percentage change in the Consumer Price Index or other escalation factor to keep up with increases in costs in future years.

129 of 152

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:April 11, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Sandeep Krishnamurthy, Director, San Bruno CityNet Services SUBJECT: Consider Adoption of a Resolution Authorizing the Allocation of $3 Million From the General Fund Capital Reserve Fund for the Planned San Bruno CityNet Services Upgrade to Fiber Technology in Recommended Areas of San Bruno
BACKGROUND:

The City of San Bruno owns and operates San Bruno CityNet Services (CityNet). San Bruno CityNet Services relies on a hybrid fiber co-axial (HFC) network and a cable TV headend with associated electronics to deliver internet, TV and VoIP Telephony services to its subscribers in San Bruno. The HFC network and cable TV headend with its electronics have been in place since 1998. At this time, while service delivery continues, the network has been rendered obsolete by technological advances in every aspect. Further, recent adverse weather events have contributed to an increasing number of power outages which negatively impact the performance of power based electronic components necessary in the functioning of the HFC network and ongoing service delivery.

The technological replacement of the HFC network and headend electronics has been identified by Staff and Consultants to be a Fiber to the home (FTTH) network with associated electronics.

San Bruno CityNet has completed conversion of 18% of its footprint to FTTH technology.

Through fiscal 2021-22, the completed FTTH footprint primarily comprised three large condominium complexes in San Bruno. During fiscal 2022-23 pilot projects to convert select single family neighborhoods including Marisol, Mira Luna, Skyline, Sea Cliff and Spy Glass in San Bruno to FTTH technology were successfully completed, allowing for fiber based service delivery to 243 single family homes in San Bruno. These neighborhoods have had increases in their service adoption rates since fiber service delivery began in parts of these neighborhoods in July 2022.

DISCUSSION:

Based on the early success of the pilot projects, a next stage plan has been developed and is being presented to the City Council to fund a continuation of the fiber upgrade in San Bruno.

To identify the areas of San Bruno most urgently in need of conversion to fiber technology, Staff used the following criteria:

130 of 152

Honorable Mayor and Members of the City Council
April 11, 2023

Page 2 of 2 ends

5 5
5 •Areas most impacted by power outages and subsequent CityNet Service outages •Terrain is hilly and more tree covered compared to other areas – TV/cell reception as well as power issues to likely continue
•Tap replacement presents greater challenge to CityNet – currently does not have active electrically powered taps replaced by passive non-powered taps •Areas contiguous to CityNet Data Center at 140 Arbor Court, San Bruno or 398 ECR – upgrades will optimally travel outwards from Data Centers Based the listed criteria, Staff has identified areas to the West and Northeast of Skyline Boulevard in San Bruno as the next areas to recommend to an upgrade to FTTH technology.

Additional detail is provided on Attachment 2, which contains a copy of the presentation for the April 4, 2011 meeting.

RECOMMENDATION:

Staff recommends Adoption of a Resolution to Authorize the City Manager to Allocate $3 million from the City of San Bruno’s Development Impact Fees to Fund the Planned San Bruno CityNet Services Upgrade to Fiber Technology in Recommended Areas of San Bruno FISCAL IMPACT:

The estimated cost to implement this proposed modernization of the CityNet equipment and service delivery is anticipated to be $3 million. There are available funds in the General Fund Capital Reserve Fund for Fiscal Year 2022-23. The estimated current balance in the General Fund Capital Reserve Fund is $27,902,597, with an anticipated reduction of $2 million for the Parking Fund allocation, if approved by the City Council on April 11, adjusting the estimated available balance to $25,902,597. Authorizing the CityNet Services upgrade to fiber technology, would leave a remaining estimated available balance of $22,902,597 in the General Fund Capital Reserve Fund.

ALTERNATIVES:

1. Direct staff to not pursue further upgrades of San Bruno CityNet’s technology from HFC to FTTH

2. Direct staff to consider other means of delivering San Bruno CityNet’s service offerings to subscribers in San Bruno
ATTACHMENTS:

1. Resolution

2. April 4, 2011 Presentation

131 of 152

1 5
9 1
RESOLUTION NO. 2023 -
RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ALLOCATE $3 MILLION FROM THE CITY OF SAN BRUNO’S DEVELOPMENT IMPACT FEES TO FUND THE PLANNED

SAN BRUNO CITYNET SERVICES UPGRADE TO FIBER TECHNOLOGY IN

RECOMMENDED AREAS OF SAN BRUNO
WHEREAS, The City of San Bruno owns and operates San Bruno CityNet Services (CityNet).

CityNet delivers internet, television (TV) and Voice over Internet Protocol (VoIP) Telephony services to its subscribers in San Bruno through a hybrid fiber co-axial (HFC) network and a cable TV headend with associated electronics since 1998; and WHEREAS, At this time while service delivery continues, the HFC network has been rendered obsolete by technological advances in every aspect and recent adverse weather events have contributed to an increasing number of power outages which negatively impact the functioning of the HFC network and ongoing service delivery; and
WHEREAS, The technological replacement of the HFC network and headend electronics has been identified by staff and consultants to be a Fiber to the home (FTTH) network with associated electronics; and
WHEREAS, Based on the success of pilot fiber upgrade projects, a next phase in the FTTH plan has been developed and presented to the City Council to fund a continuation of the fiber upgrade in San Bruno; and
WHEREAS, Staff has identified in the Fiber Upgrade Plan areas to the West and Northeast of Skyline Boulevard in San Bruno as the next areas to recommend an upgrade to current day FTTH technology; and
NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council authorizes the City Manager to allocate $3 million from the City of San Bruno’s Development Impact Fees to fund the planned San Bruno CityNet Services upgrade to Fiber Technology in recommended areas of San Bruno
-oOo-
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 this 11th day of April 2023 by the following vote:

AYES: COUNCILMEMBERS: ____________________________________ NOES: COUNCILMEMBERS: ____________________________________ ABSENT: COUNCILMEMBERS: ____________________________________ ATTEST:
_________________________________
Lupita Huerta
City Clerk

132 of 152

FIBER UPGRADE PHASE 2.1
2 Recap
 City Council Meeting, 11/22/2022:
 City Council received and accepted three year CityNet fiber upgrade plan  Planned spend of $3 million in Year 1 and $1 million each in years 2 and 3  Subject to approval of a detailed plan
 CityNet directed to present detailed fiber upgrade plan  Upon approval, funds appropriation from Development Impact Fees

3 Reasons for Upgrade
 Current Hybrid Fiber Coaxial Infrastructure - 1998
 Performance deterioration over time
 Fiber technology widely prevalent
 Software server powering CityNet’s Active taps in danger of failure – no replacement!
 Internet infrastructures with minimal power requirements – Fiber wins!

4 Fiber Upgrade Phase 1.0 and 2.0
 Fiber Upgrade 1.0 complete
 Three Multiple Dwelling Complexes
 Four Single Family neighborhoods
 Upgrades successful
 Upgrade methodology used:
 Hybrid CityNet Staff (70%) Contractors (30%)
 CityNet equipment procurement
 Fiber Upgrade 2.1 and 2.2 are the focus of this presentation

5 Fiber Upgrade Plan 2.0 Phases
Existing HFC Fiber
6 Initial Upgrade Criteria
 Frequency of power and CityNet service outages
 Hilly terrain
 Tree cover
 Need for backyard access
 Proximity to CityNet Data Centers

San Bruno CityNet’s Fiber Upgrade 2.0
Coverage of Single Family Homes By Area
Phase AREA HOMES POLES
Phase 2.1 West of Skyline 1,018 287
Phase 2.2 Northeast of Skyline 1,098 280
Phase 2.3 Southeast of Skyline 1,499 416
Phase 2.4 Business Park 1,490 386
Phase 2.5 City Park Area 1,745 529
Phase 2.6 East of El Camino 1,611 489
Phase 2.7 East of Railroad Tracks 1,385 305
TOTAL 9,846 2,692 7

San Bruno CityNet’s Fiber 2.0 Upgrade
Household Breakdown - San Bruno

CATEGORY HOMES COMMENTS
Single Family Homes in
Upgrade 2.0 Plan 9,846
Incudes upgraded 264 Single Family
Homes
Covers City’s 2,692 poles
Multiple Dwelling Units
already upgraded 2,575 Completed 2018-19
MDUs not covered by
Upgrade Plan 2,280 Crossings, Cherry Village, etc.

TOTAL 14,701 Per 2020 U.S. Census
8 9
Focus of Fiber 2.1 Upgrade - 2023-24
 Areas West of Skyline and Northeast of Skyline
 Includes the areas around these San Bruno landmarks:
 Ponderosa Park
 Pacific Heights Park
 Portola Highlands Park
 Monte Verde Park
 Golden Gate National Cemetery
Upon approval, a list of specific streets will be published on the CityNet website and updated on status as the upgrade proceeds

Detailed Fiber Upgrade Costs – West of Skyline
Specifics
10 Equipment Cost Cost/Unit Units Cost Labor Cost Cost/Unit Units Cost Calix Chassis $6,700 1 $6,700 Overhead/De-lash and Re-lash Fiber
$7.29 43,000 $313,470
Calix Gpon 8x Cards $7,380 4 $29,520 Lower Span Loops and Re-lash $245 20 $4,900 Fiber Jumps $4 750 $3,188 Redesign To Fiber For GIS
System
$0.75 43,000 $32,250
SFPs $480 32 $15,360 Splicing In 8-way Tap and
Enclosure
$455.55 260 $118,443
Gpon Units 803 $129 500 $64,500 Pole Engineering and Permits $325 260 $84,500 Gpon Units 844 $149 180 $26,820 Run Drops / Remove Old Drop $375 680 $255,000 Fiber 24 Count $1 43,000 $37,410 Connected Units $175 680 $119,000 Fiber Drops $56 700 $39,200 Fusion Splices $43.50 1,500 $65,250 Hardware / Lashing
Wire
$11,000 1 $11,000 Remove Old Coax Cables
$1.48 39,000 $57,720
Fiber Connectors $9 1,500 $12,750 Total Labor Cost $1,050,533 8-way Splitters /
Enclosure
$380 260 $98,800
Innotrans
Equipment
$65,000 1 $65,000
Taxes & Shipping $40,355
Total Equipment Cost $450,602 Total Equipment & Construction Cost $1,501,135

Detailed Fiber Upgrade Costs – Northeast of Skyline
Specifics
11 Equipment Cost Cost/Unit Units Cost Labor Cost Cost/Unit Units Cost Calix Chassis
$6,700 1 $6,700
Overhead/De-lash and Re-lash
Fiber
$7.29 36,000 $262,440
Calix Gpon 8x Cards $7,380 4 $29,520 Lower Span Loops and Re-lash $245 20 $4,900 Fiber Jumps $4 750 $3,188 Redesign To Fiber For GIS System $0.75 36,000 $27,000 SFPs $480 32 $15,360 Splicing In 8-way Tap and Enclosure $455.55 270 $122,999 Gpon Units 803 $129 450 $58,050 Pole Engineering and Permits $325 270 $87,750 Gpon Units 844 $149 200 $29,800 Run Drops / Remove Old Drop $375 650 $243,750 Fiber 24 Count $1 36,400 $31,668 Connected Units $175 650 $113,750 Fiber Drops $56 750 $42,000 Fusion Splices $43.50 1,500 $65,250 Hardware / Lashing
Wire $11,000 1 $11,000
Remove Old Coax Cables $1.48 36,000 $53,280
Fiber Connectors $9 1,500 $12,750 Labor Cost $981,119
8-way Splitters /
Enclosure $380 285 $108,300
Innotrans Equipment $65,000 1 $65,000
Taxes & Shipping $40,664
Total Equipment Cost $453,999 Total Equipment & Construction Cost $ 1,435,118

Fiber Upgrade Summary– Phase 2.1 and 2.2
Specifics
12 SUMMARY
Equipment Units Cost Statistics Units
Innotrans Equipment Headend Equipment
$130,000
Pole Count
567
Calix Equipment Headend Equipment
$78,815
Number of Homes
2,116
Other Equipment Field Equipment $614,768 Miles of Overhead Plant 15 Taxes & Shipping $81,018
Total Equipment Cost $904,601 Labor Cost
Pole Cost Permitting $172,250
Construction Cost for Poles $1,301,402
Drop and Home Connections $498,750
Redesign Fiber $59,250
Total Labor Cost $2,031,652
TOTAL EQUIPMENT AND CONSTUCTION COST $2,936,253

13 Fiber Upgrade 2.1 Work Plan
 Equipment purchase - CityNet Staff / City Procurement  Logistics planning - CityNet Staff / Temporary Project Manager  Backyard Fiber Upgrades - Contractor and CityNet Project Team (70%)  CityNet Staff on “as available basis” (30% of upgrade)  Union pay scales - CityNet Temporary Project Team & Staff  Contractor - ad hoc, mini-project basis

Work Plan Summary
Project Manager, 2 Technicians,
Available Staff & Contractors to be
deployed in a hybrid work format.

Every home will be passed by our
fiber. Each customer will have a fiber
drop – true fiber to the home
Planned for Success
Fiber upgrade planned for timely, on budget execution
14 Rollout cost vastly lower than
comparable rollouts – existing
business, experienced team, cost
controls
2 Upgrade Phases, 100% aerial, 567 Poles,
2,116 Homes Passed
7 Overlashing, an FCC permitted
method, will be used to replace
hybrid fiber coaxial (HFC) cable with
fiber
Fiber Upgrade Plan 2.1

Timelines
15 Fiber Upgrade 2.1 Work Plan
May – Dec 2023
Fiber Equipment
Procurement
Sept 2023 –
Mar 2024
Contractor
and PM
Recruitment
Dec 2023 –
Mar 2025
Fiber Upgrade
Begins – West
of Skyline
Jan – Jun 2024
Fiber
Technician
Recruitments
Aug 2024 –
Mar 2025
Northeast of
Skyline
Upgrade
Positive ROI from Fiber Investment in San Bruno

PROPERTY ACCESS

RIGHTS UNITS SERVICABLE
HOMES
SUBSCRIBERS (%

SERVICE

PENETRATION)
Peninsula Place
MDU
Non-
exclusive 860 819 (95%) 524 (64%)
Crystal Springs
MDU
Non-
exclusive 437 415 (95%) 216 (52%)
Shelter Creek
MDU
Exclusive
at start 1,296 1,241 (96%) 936 (75%)
Marisol Single
Family (July
2022)
Non-
exclusive 100 100 (100%) 43 (43%)
Total 2,693
(18.3%)
2,575
(96%)
1,719
(67%)
Subscribers generate
$2,201,789 in annual
subscription revenue with
$990,805 (45%) in post
fiber revenue growth

18.3% of San Bruno
homes have San Bruno
Cable’s fiber
Most fibered homes are in
MDUs (96%)
Cost of fiber install:
$2,300,000
16 17
Revenue Upside from Upgrade
 CityNet Current Status - 18.3% fiber penetration; 27.5% revenues from fiber
 Projected Average Revenue Per User from fiber – $73.25/mo. (current - $103.00/mo. Streaming TV will bring down ARPU, improve margin)
 Increase in fiber footprint w/Upgrade – 82% (covers 32% of system)  Fiber penetration increase – 15%
 Revenue Improvement – up to 35%/year

18 Tap Replacement Program
 City’s Active Taps dependent on software server w/o replacement  2,425 Active Taps to be replaced by Passive, non-powered Taps  700 Passive Taps in place – 29% replaced
 Tap Replacements to proceed in step with proposed upgrade  Tap replacement focus – areas not covered by Fiber Upgrade 2.1  Replacement method – Staff (75%), Contractors (25%)
 Benefit – Maintains operational continuity

19 Request for Council Action
Consider Adoption of Resolution to authorize the City
Manager to allocate $3 million from the City of San
Bruno’s Development Impact Fees to fund the planned
San Bruno CityNet Services upgrade to fiber technology
in designated areas of San Bruno

Comments or Questions?
Thank you!
20

San Bruno City CouncilApril 11, 2023

San Bruno City Council
April 11, 2023