Agenda, regular meeting — San Bruno City Council, December 12, 2023 (part 1 of 2)

"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
December 12, 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/89604499870?
pwd=GQgybMxzNUvP_eqaNAt2P4L2YNRnQ.RR7g
PSS8R8jh64x
Phone Line: 16465588656
Webinar ID: 896 0449 9870
Webinar Password: 418931
*Teleconference broadcasting is offered in the meeting via Zoom as a courtesy to the public.
**No public comment accepted via Zoom.

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. 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. There is no regular City Council meeting on the fourth Tuesday in December. The next regular City Council meeting will be held on January 9, 2024 at 7:00 p.m. b. Issue Proclamation to Battalion Chief Scott Waldvogel for his 34 years of Service to the San Bruno Fire Department and San Bruno Community
c. Receive a Presentation on the Tanforan for San Bruno Community Engagement Process and Revised Preliminary Project Application

6. STUDY SESSION
Public comment will be requested after each topic in this section a. Conduct a Joint City Council/Planning Commission Study Session and Provide Feedback on Proposed Municipal Code Amendments to Improve the Planning Permitting Process

7. 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 of November 14, 2023 and November 28, 2023and Draft Regular Meeting Minutes of November 14, 2023
b. Approve Accounts Payable for November 13, 2023, November 20, 2023, November 28, 2023, and December 4, 2023
c. Accept Payroll for November 5 and November 19
d. Approve Investment Report dated October 31, 2023
e. Approve the 2024 City Council Meeting Calendar and Direct Staff to Cancel the Regular City Council Meeting of August 13, 2024
f. Consider Adoption of a Resolution Authorizing Purchase of a Replacement Water Facility Generator from Cummins Sales and Service in the Amount of $147,669, and Appropriating $147,669 from the Water Fund
g. Consider Adoption of a Resolution:

Accepting the Streetlight Pole Replacement Project as Complete; Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office; and
Authorizing Release of the Construction Contract Retention in the Amount of $18,711 h. Consider Adoption of a Resolution Authorizing the City Manager to Execute a FiveYear Contract with The EDCCO Group, Inc. to Provide AsNeeded SCADA System Maintenance and Support Services in an Amount Not to Exceed $50,000 for Fiscal Year 202324 i. Consider Adoption of a Resolution Approving San Bruno Community Foundation Officers for Calendar Year 2024
j. Consider Adoption of a Resolution:

Accepting the Spyglass Storm Drain Improvement Project as Complete; Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office;
Authorizing Release of the Construction Contract Retention in the Amount of $47,762.06; and
Appropriating $11,945.06 from the General Fund
k. Consider Adoption of an Ordinance Entitled “Ordinance of the City Council of the City of San Bruno Repealing Water Rates and Service Charges Adopted by Ordinance No. 1853, Making Conforming Changes in Chapter 10.14, and Determining that Such Actions Are Exempt from CEQA”
l. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Extension of the Agreement with Flock Safety for the Ongoing Subscription Services Associated with Automated License Plate Reader Cameras for Five (5) Additional Years, in an Amount Not to Exceed $250,000
m. Consider Adoption of a Resolution Authorizing the City Manager to Procure Fitness Equipment for the New Recreation and Aquatic Center in the Amount of $164,318 n. Consider Adoption of an Ordinance Entitled, “An Ordinance of the City of San Bruno Amending Chapter 7.16 (Stopping, Standing and Parking) of Title 7 (Vehicles and Traffic) of the San Bruno Municipal Code to Add Regulations to Allow Parking in Intersections Adjacent to the Curbs, and Making a Finding of Exemption under CEQA”
o. Consider Adoption of a Resolution Approving a Side Letter of Agreement to the Memorandum of Understanding between the City of San Bruno and the Fire Bargaining Unit and Authorizing Execution by the City Manager

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Consider Introducing, Reading by Title Only and Waiving Further Reading of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Title 8 (Streets, Sidewalks, and RightsofWay) and Amending Chapter 13 (Inspection, Repair And Replacement Of Private Sewer Laterals) Of Title 10 (Municipal Services) As Part Of A Comprehensive Update and Finding Such Actions Exempt From The California Environmental Quality Act”
b. Confirm Appointment of Two City Councilmembers to Serve as a Committee to Further Explore the Results of the 2023 Community Priorities Survey and Potential Future Revenue Ballot Measures
c. Appointment of Vice Mayor to Serve a OneYear Term
d. Receive Report and Confirm Appointment of City Councilmembers to Serve as Representatives and Alternates to San Mateo County Agencies and Other Regional Bodies

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 January 9, 2024 at 7:00 pm.

POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on December 7, 2023, by 6:00 pm. 1 of 231
"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
December 12, 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.

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 January 9, 2024 at 7:00 pm.

POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on December 7, 2023, by 6:00 pm. 2 of 231
"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
December 12, 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.

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 January 9, 2024 at 7:00 pm.

POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on December 7, 2023, by 6:00 pm. 3 of 231
"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
December 12, 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.

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 January 9, 2024 at 7:00 pm.

POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on December 7, 2023, by 6:00 pm. 4 of 231
0 Proclamation
O

RECOGNIZING BATTALIONCHIEF SCOTT WALDVOGEL
WHEREAS, the men and women who devote their time and energy to the duties of fire prevention and suppression have assumed responsibilities essential for the safety of their fellow citizens, and included among those individuals who have committed themselves to these difficult and dangerous endeavors is Battalion Chief Scott Waldvogel of the San Bruno Fire Department, who is retiring affer unselfishly serving 0 his community with great dedication, and it is appropriate at this time to recognize the hazardous work, serious responsibilities, and strong commitment that he willingly accepted during his 34 + years with the City of San Bruno including 6 years with the San Bruno Parks and Recreation Department, 7 years as a volunteer 0 firefighter and 26 years as a career Firefighter extend to him the special honors and highest commendations of the people of the City of San Bruno in the State of California; and WHEREAS, the San Bruno Fire Department maintains a dedicated, professionally trained corps of 0 Firefighters who risk their own lives to protect lives, property, and the unique environment of the community, giving their time; and
WHEREAS, inspiring others through his dedication to the community for over 26 years as a career 0 firefighter, Battalion Chief Scott Waldvogel has distinguished himself as a Firefighter/Paramedic, Fire Captain and Battalion Chief and provided leadership to the San Bruno Fire Department as acting Fire Chief, and also shared his wise counsel as a member of the San Bruno Fire Department, utilizing his talent and skills to 0 guide the efforts of the Department in better serving the community; and WHEREAS, over the years, Battalion Chief Scott Waldvogel has participated in both local and statewide mutual aid efforts, including the response to the San Bruno gas explosion and fire; and 0 WHEREAS, with bold initiative and results-oriented vision, Battalion Chief Scott Waldvogel was instrumental in developing the City of San Bruno's first CERT training program; and WHEREAS, Battalion Chief Scott Waldvogel was awarded the 2013 Libert Mutual Fire Mark award 0 0
for community service, recognizing his work to develop San Bruno's CERT team bringing $10,000 to the City of San Bruno to support community preparedness; and WHEREAS, Battalion Chief Scott Waldvogel has served as the chair of the San Mateo County Fire Chiefs Operations Group for the past year; and
WHEREAS, Battalion Chief Scott Waldvogel was a dynamic role model for all people who believe 0 strongly in their obligation to improve the quality of life for future generations; and WHEREAS, as a dedicated and valiant public servant, Battalion Chief Scott Waldvogel epitomizes the true character of the brave men and women who devote their careers to the selfless and perilous duties 0 of the fire service: and
NOW, THEREFORE, I, Rico E. Medina, Mayor of the City of San Bruno, do hereby recognize that Battalion Chief Scott Waldvogel be honored for his well-earned retirement, commended for providing the 0 highest level of service and protection to his community, and do hereby extend the sincere gratitude and appreciation of the public.
0 0 0
Rico E. Medina, Mayor
Dated this 12th day of December, 2023
Item 5b
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Darcy Smith, Assistant City Manager
SUBJECT: Receive a Presentation on the Tanforan for San Bruno Community Engagement Process and Revised Preliminary Project Application BACKGROUND:

On July 27, 2021, the City Council approved the Reimagining Tanforan Land Use Fact Sheet.

This provides a comprehensive guide for future owners of the Tanforan property to realize the City’s vision in redeveloping The Shops at Tanforan, which is currently a large shopping mall.

The Fact Sheet was developed as the City’s effort to unite the separate parcels at Tanforan into a single planning effort. The Fact Sheet articulates a vision for redevelopment that includes office, retail, entertainment, and housing units in a manner that supports a diverse mix of uses.

In 2021 and 2022, an LLC controlled by Alexandria Real Estate Equities, Inc. (“Alexandria”) acquired all parcels that collectively comprise the 44-acre Tanforan site.

On October 5, 2022, the City received a preliminary project application for a transit-focused mixed-use village comprised of approximately 1,000 housing units, a life science campus, and retail space, including an upgraded Target and Century Theatres (“project”). The project seeks to retain and upgrade Target and refresh the movie theater to accommodate the modern movie going experience.

The residential component of the project will help the City meet its significant State-mandated Regional Housing Needs Allocation (RHNA) housing obligations. The Tanforan site was formally designated as a Bay Area Priority Site by the Association of Bay Area Governments (ABAG) Executive Board1 on November 16, 2023, which makes the site eligible for current and potential future funding and technical assistance and will be integrated into relevant Plan Bay Area 2050+ strategies. The site was recognized as a regionally significant transit-oriented development site within an ABAG Priority Development Area.

On October 13, 2022, the City kicked off the initial phase of the City led “Tanforan for San Bruno” community engagement effort supported by the City’s community engagement and communications consultant Singer Associates. This started with the release of a dedicated City Manager’s eNewsletter and launch of the City dedicated engagement website (www.TanforanForSanBruno.com). The purpose of this effort is to keep the community informed of the project and solicit community input throughout the City’s planning process for the Tanforan development project. This robust effort is appropriate due to the significance of the 1 https://abag.ca.gov/sites/default/files/meetings/agendas/_basename__47.pdf Item 5c
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Honorable Mayor and Members of the City Council
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0 project, its proximity to public transit, and the importance of the opportunity to address emerging and future needs that impact not just the immediate surrounding area, but San Bruno as a whole. This early engagement effort will ensure that how Tanforan transforms will support the San Bruno community today and for the next generation to come. It is a transparent, community-focused effort.

At the October 25, 2022 City Council meeting, staff provided a presentation of an update on the Tanforan preliminary project application submittal and the City’s community engagement process. A digital survey was hosted on the website starting in November 2022 through the end of February 2023. The Tanforan Public Engagement Center inside the Shops at Tanforan opened in November 2022. Between November 2022 and February 2023, a total of 13 in person events have been held. The space has hosted a variety of meeting formats, including four drop- in open houses, various drop-in office hours, and small group meetings. It provided a means of visually illustrating the rich history of the site, the economic realities driving the need for change and inviting participation to help steer the vision of the project. Activities at the storefront also included ranking community priorities and sharing memories of times spent at Tanforan as a means of capturing trends and desires that need to be reflected in the new development plans.

At the March 28, 2023 City Council meeting, an update was provided on the outcome of the first phase of the community engagement efforts, which is the Community Priorities Progress Report (Report). The Report articulates shared community priorities based on public input. The identification of broad community priorities in planning for San Bruno’s future helps focus the City's review of the project and inform the City‘s policy decisions. As San Bruno continues to grow and evolve, it is important to ensure that the City’s development priorities reflect the needs and aspirations of the community. The Report is available in a digital flipbook format online at https://tanforanforsanbruno.com/progressreport/
The data in the Report suggest that the community’s priorities continue to align with the City’s framework laid out in the Reimagining Tanforan Land Use Fact Sheet. The Report’s findings also revealed an apparent public enthusiasm for Tanforan’s future. Engagement with the survey not only reflected the community’s robust and thoughtful approach to weighing future uses at the site, but also a public investment and trust in the project’s expanded review process warranted by its unique location.

As this information was evaluated, a number of high-level takeaways can be gleaned from the results related to economics, retail, community gathering, housing, and sustainability. The community expressed excitement about the project’s capacity to ensure future prosperity, spur new development and improvements to infrastructure, and promote job creation. There was support for new retail options, publicly accessible open spaces, and housing. In conclusion, the overall community feedback demonstrates alignment of community interests and priorities with the vision for the redevelopment of the project site presented in the Reimagining Tanforan Land Use Fact Sheet, upon which the submitted preliminary project application was based.

DISCUSSION:

This agenda item provides an update on the Tanforan for San Bruno Community Engagement Process and Revised Preliminary Project Application (“application”) that was received in November 2023. The revised application is provided as Attachment 1. At the City Council meeting, the applicant will present an overview of the revised application. The proposed land 7 of 231
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December 12, 2023

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0 use program has not changed substantially from the version submitted in October 2022. There have been minor modifications to the layout of the private street network on the site to improve the site access and circulation to and across the project site. The revisions also allow for the creation of a “town square” in the center of the site with more expansive publicly accessible open spaces and better interfaces between these open spaces and the new retail.

The application includes a Flex-Use Strategy with two “flex zones” which remain designated primarily for commercial/life science uses in the base case and would alternatively allow a broader range of potential uses including possibly more residential uses and a hotel. The purpose of these flex zones is to allow flexibility in a multi-year project to respond to changing market conditions while remaining committed to the core imperatives of creating a mixed-use transit village. This approach will be analyzed in the project California Environmental Quality Act (CEQA) assessment.

City Review of Application
A comprehensive review of the preliminary application is underway by the City and consultant reviewers. The CEQA review and technical analysis work is also underway that include technical studies, environmental analysis, and economic assessments. Application feedback will be provided by the City to ensure project is in alignment with the City’s vision and requirements.

NEXT STEPS:

The application review and CEQA process is estimated to take an additional 18 months, to be completed in mid-2025. This includes a comprehensive City review for conformance of the project to the City’s General Plan, land use regulations, and the analysis required by the CEQA culminating in the development of a project Environmental Impact Report. The City anticipates releasing the CEQA Notice of Preparation (NOP) within the next month. The City review process will include public meetings with the City’s Planning Commission, as well as multiple public City Council meetings before being considered for final action. The City will also engage with key stakeholders, agencies, and other interested parties, including BART, SFO and FAA.

Tanforan for San Bruno Community Engagement Process Update The City plans to hold two community open house drop in events in January 2024 to continue the conversation and provide the public additional opportunities to learn more about the results of the Community Priorities Progress Report. The communication methods utilized to distribute information related to these engagement events and other opportunities include the Tanforan for San Bruno and City’s social media account (Facebook, Instagram, and Twitter) posts, flyers, direct mail of an event postcard to all city mailing addresses, email, City Manager’s eNewsletter articles, and various forms of social and digital advertising.

FISCAL IMPACT:

There is no fiscal impact from the informational update on the Tanforan project. Consistent with City Council policy to maximize cost recovery for development related services, the project applicant has executed a Reimbursement Agreement with the City to reimburse the full cost of processing the preliminary project application.
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0 ENVIRONMENTAL IMPACT:

The informational update on the Tanforan project does not have the potential for creation of a significant environmental impact pursuant to the California Environmental Quality Act (CEQA), and as such are exempt from further environmental consideration per CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION:

That the City Council receive this informational update on the Tanforan for San Bruno Community Engagement Process and Revised Preliminary Project Application.

ALTERNATIVES:

1. Receive the informational update and address any questions or comments to staff; or

2. Provide alternative direction to staff.

ATTACHMENTS:

1. Tanforan Revised Preliminary Project Application, November 2023 9 of 231
ALEXANDRIA TANFORAN | 11.22.2023 | PRELIMINARY PROJECT APPLICATION AMENDMENT Tanforan Revised
Preliminary Project
Application
1122-1178 El Camino Real
San Bruno, CA 94066
ATTACHMENT 1
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S ince initially filing the Preliminary Project Application (“PPA”) for the Tanforan project, the development team has been working on targeted modifications to the plan to (i) create better connections to and across the property, (ii) address changing economic conditions, and (iii) create an enhanced retail experience with a large central open space oriented to create a sunny gathering space at the heart of the village.

A ccordingly, please find attached our revised PPA. As you will see, the general site organization, mix and density of uses is very similar to the original PPA and continues to provide for a world-class innovation campus, creating opportunities for the development of at least 1,000 new housing units and providing a fantastic mix of new retail and open spaces that serve as a central hub of community life in San Bruno. The main changes are as follows:

1. The main entrance off of El Camino Real leverages the existing signalized intersection to be the primary vehicular, pedestrian and bicycle access to the site. Among other things, this change:
- C reates a properly scaled development site next to a potential site for a new Target; and - A llows for the creation of a “town square” in the center of the site with more expansive p ublicly-accessible open spaces and better interfaces between these open spaces and the n ew retail.

2. The revised PPA now also provides two “flex zones” which remain designated primarily for commercial/life science uses in the base case but which would alternatively allow a broader range of potential uses including possibly more residential uses and a hotel. The purpose of these flex zones is to allow flexibility in a multi-year project to respond to changing market conditions while remaining committed to the core imperatives of creating a mixed-use transit village.

PRELIMINARY PROJECT

APPLICATION PACKAGE
Contributors
Alexandria
Strada
Gensler
Field Operations
Tanforan, San Bruno
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.20232

TANFORAN PRELIMINARY PROJECT APPLICATION PROJECT INTRODUCTION 11 of 231

TANFORAN PRELIMINARY PROJECT APPLICATION PROJECT INTRODUCTION

PRELIMINARY PROJECT

APPLICATION PACKAGE
Contributors
Alexandria
Strada
Gensler
Field Operations
Tanforan, San Bruno
A lexandria Real Estate Equities
(Alexandria), and its development partners,
Strada Investment Group (Strada) in conjunction
with a Bay Area non-profit affordable housing
developer, are excited to present the Revision
for the Preliminary Project Application for the
redevelopment of the Tanforan site in San Bruno.

The Preliminary Project Application is the first step
in a series of collaborative planning processes to
ensure a successful redevelopment of this 44 acre
property that also delivers long term benefits to
the San Bruno community. In 2021, Alexandria
acquired the approximate 15 acre parcels formerly
owned by JC Penney and the approximately
14 acre former Sears store owned by Seritage
Growth Properties. In 2022 Alexandria acquired
the parcels owned by Queensland Investment
Corporation (QIC) encompassing 16.4 acres and
including the enclosed mall. The existing uses on
the site are scheduled to close down except for
Target and the Century at Tanforan movie theater
both of which are performing well, have long-term
leases on the property, and will be incorporated in
the new development.

ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.20233 12 of 231
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.20234

TANFORAN PRELIMINARY PROJECT APPLICATION PROJECT INTRODUCTION Recognizing changes in consumer buying
patterns and their negative impact on traditional
retail including enclosed shopping malls, the San
Bruno City Council adopted the Reimagining
Tanforan Land Use Fact Sheet: The City was
aware that each then property owner was seeking
to sell and or recapitalize its fee simple interest in
the Property. Therefore, on July 27, 2021, the City
put forward the Land Use Fact Sheet describing
a Strategic Vision for A Transit-Oriented
Development of the property. The City described
its belief that an intentional clustering of a diverse
mix of uses with sustainable infrastructure
would ensure the property becomes one of the
greenest, most inclusive, and economically viable
developments on the San Francisco Peninsula.

Land Use Fact Sheet

TANFORAN
San Bruno,California
Reimagining
Adopted by the San Bruno
City Council / July 27, 2021
Land Use Fact Sheet

TANFORAN
San Bruno,California
Reimagining
Adopted by the San Bruno
City Council / July 27, 2021
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ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.20235 Site Opportunities +
Constraints
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TANFORAN PRELIMINARY PROJECT APPLICATION REGIONAL AND LOCAL CONTEXT BART Line
CalTrain Line
Roads
Life Science Campus
BART Station
Caltrain

TRANSIT ORIENTED TANFORAN
The property is a unique development opportunity. It
is a large site of approximately 44 acres that allows
room for truly transformational planning and design.

The property is also incredibly well-served by transit, with an adjacent BART station and a CalTrain station
within easy walking distance. In addition, the site
is served by the San Bruno exit from Highway 380
providing direct connections to highways 101,
280 and San Francisco International Airport (SFO).

Tanforan sits at the nexus of an expanding life science and technology innovation spine spanning the San
Francisco Peninsula.

ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.20236 15 of 231
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.20237

SFO HEIGHT RESTRICTION

ALLOWABLE RELATIVE HEIGHT
L01
L02
L03
L04
L05

TANFORAN PRELIMINARY PROJECT APPLICATION HEIGHT RESTRICTIONS * AMSL: ABOVE MEAN SEA LEVEL
There are a number of height limitations impacting the site. Given its proximity to SFO, Tanforan must strictly comply with the established SFO height limits. All of the buildings as well as any other equipment must be below the established limits.

In addition, the planning code provides for a voter initiative that limits the development on the Tanforan site to the maximum height of the existing Target building. As defined by the planning code, the applicable definition of building height is: the distance from the highest surrounding grade within five feet of the building to the highest point of the coping of a flat roof. In the case of the existing Target building, the highest surrounding grade is 50.04’ AMSL, and the highest coping is 129.63’ AMSL. This results in a maximum allowable relative height of: 79.56’ (79’ 7”). As set forth below, the proposed building structures are limited by these constraints.

RANGE +127-148’ AMSL*
79’7”
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ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.20238 Land Plan
17 of 231
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.20239

TANFORAN MASTERPLAN GUIDING PRINCIPLES

SUSTAINABILITY

STRATEGIES THAT

CREATE A HEAL THY

TANFORAN

VIBRANT GATHERING

PLACE WITH SHOPS,

PLAZAS, RESTAURANTS &

ENTERTAINMENT

MIXED-USE TRANSIT
VILLAGE: WORK, LIVE,

SHOP, RELAX

AN INNOVATION &

ECONOMIC CATAL YST IN

SAN BRUNO

HONORING &

PRESERVING LOCAL

CUL TURAL HERITAGE

NEW HOUSING WITH

AN AFFORDABLE

COMPONENT
Alexandria and its development partners are proposing a set of Guiding Principles for redevelopment of the site which is consistent with and supportive of the City’s expressed Strategic Vision for A Transit-Oriented Development:
• Compose a new mixed-use transit village with places to work, live, shop and relax. • Design vibrant gathering places with shops, plazas, restaurants and entertainment.
• Prioritize needed new housing including affordable housing. • Implement modern sustainability strategies and practices that result in a healthier environment.
• Create a world-class science and innovation center that will be an economic catalyst for the City of San Bruno.
• Honor and preserve the local and cultural heritage of the site. Create new pedestrian, bike and transit connections and physical and programmatic connections to link this site with Downtown San Bruno.
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PARKING
8 LVL

PARKING
8 LVL
BLDG 3
5 LVL
BLDG 4
5 LVL
BLDG 6
5 LVL
BLDG 5
5 LVL
BLDG 7
4 LVL
BLDG 2
5 LVL
TARGET*
3 LVL
BLDG 1
4 LVL
RESI
7 LVL
CINEMA
4 LVL
RESI
7 LVL
RESI

SNEATH LANE

EL CAMINO REAL
BART

PARKING
4 LVL

LIFE SCIENCE/OFFICE

RESIDENTIAL
RETAIL
a. TARGET
b . CINEMA
c. MULTI-TENANT VILLAGE

OPEN SPACE

PROGRAM TOTAL (SF)
2,005,050
1,005,700
327,750
160,000
81,500
86,250
457,000
(1,014 UNITS)
HUNTINGTON AVE.
380
POLICE

STATION
N
RETAIL
* Potential location for a newly built Target store
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202310

TANFORAN PRELIMINARY PROJECT APPLICATION LAND USE PLAN 19 of 231

PARKING
8 LVL
BLDG 3
5 LVL
RETAIL
BLDG 2
5 LVL
TARGET*
3 LVL
BLDG 1
4 LVL
RESI
7 LVL
CINEMA
4 LVL
RESI
7 LVL
RESI

SNEATH LANE

EL CAMINO REAL
BART

PARKING
4 LVL
HUNTINGTON AVE.
380
POLICE

STATION
N
* Potential location for a newly built Target store
The two “flex zones” which remain designated
primarily for commercial/life science uses in the
base case would alternatively allow a broader range
of potential uses including possibly more residential
uses and a hotel. The purpose of these flex zones is
to allow flexibility in a multi-year project to respond to changing market conditions while remaining
committed to the core imperatives of creating a
mixed-use transit village.

ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202311

TANFORAN PRELIMINARY PROJECT APPLICATION FLEX-USE STRATEGY

FLEX-USE AREA
3 ACRES

FLEX-USE AREA

9.3 ACRES
20 of 231

TANFORAN PRELIMINARY PROJECT APPLICATION OPEN SPACE
* Area not inclusive of Vehicular Roads
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202312 OPEN SPACES*
457,000
sq.ft

10.5 acres
24%
of total site
21 of 231
The plan envisions a potential location for a newly built Target store at the corner of El Camino Real and Sneath Lane with dedicated parking under the store accessed from both El Camino Real and Sea Biscuit Avenue.

ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202313

TANFORAN PRELIMINARY PROJECT APPLICATION
22 of 231

TANFORAN PRELIMINARY PROJECT APPLICATION
The heart of the new Transit Village will have an inviting vehicular and pedestrian entrance at the intersection of Sneath Lane and Sea Biscuit Avenue.

ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202314 23 of 231

TANFORAN PRELIMINARY PROJECT APPLICATION
The Century at Tanforan cineplex will remain at its current location but will be improved with an inviting new entrance including a mix of stairs, escalators and elevators framed by additional retail spaces.

ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202315 24 of 231
The plan will include open spaces with a variety of sizes and functions. The comparisons below indicate the scale and types of outdoor uses envisioned.

ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202316

TANFORAN PRELIMINARY PROJECT APPLICATION
58’
1 4
70’
87’
3 77’
58’
20’
20’ 2
2 77’
58’

SEATING NOOKS
200 PARK, SAN JOSE, CA
1 CENTRAL GREEN

HILLSDALE SHOPPING CENTER, CA
2 FAMIL Y DISCOVERY ZONE

MARIN COUNTY MART,CA
3 CINEMA PROMENADE
3RD STREET, SANTA MONICA, CA
4 25 of 231

TANFORAN PRELIMINARY PROJECT APPLICATION
A well-designed pedestrian and bicycle access pathway will provide a community pathway from El Camino Real, through the new retail village to the San Bruno BART Station.

ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202317 26 of 231

TANFORAN PRELIMINARY PROJECT APPLICATION
At the heart of the project and anchored by Target and the Century at Tanforan is a retail village of approximately 80,000 to 90,000 square feet organized around a series of courtyards, plazas and open spaces creating a new neighborhood center.

ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202318 27 of 231
The Project is truly mixed-use with at least 1,000 housing units organized in three clusters, including an affordable housing community to be developed and managed by a bay Area non-profit affordable housing developer. The resulting on-site affordability percentage will exceed minimum City requirements.

ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202319

TANFORAN PRELIMINARY PROJECT APPLICATION
28 of 231
The Project will include up to 2,000,000 square foot innovative life science campus. The campus will be organized around a series of open spaces developed in phases over time.

ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202320

TANFORAN PRELIMINARY PROJECT APPLICATION
29 of 231
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202321 Mobility
30 of 231

TANFORAN PRELIMINARY PROJECT APPLICATION VEHICULAR CIRCULATION Vehicular Circulation
Pedestrian / Emergency Access
Vehicular drop-offs
Located north of the interstate 380 freeway, the site
has easy vehicular access from the north, east, and
west directions. Our first gateway extends from the
historic El Camino Real and provides access to Target
and laboratory parking. Sneath Lane provides three
additional entries leading to residential parking and
retail street parking.

The development plan will allow cars, bikes, and
pedestrians to move efficiently across the site and
establish strong connections to Downtown, CalTrain,
BART through El Camino Real and Sneath Lane.

N
* Potential location for a newly built Target store
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202322

EL CAMINO REAL

PARKING
8 LVL

PARKING
8 LVL
BLDG 3
5 LVL
BLDG 4
5 LVL
BLDG 6
5 LVL
BLDG 5
5 LVL
BLDG 7
4 LVL
BLDG 2
5 LVL
TARGET*
3 LVL
BLDG 1
4 LVL
RESI
7 LVL
CINEMA
4 LVL
RESI
7 LVL
RESI

SNEATH LANE
BART

PARKING
4 LVL
HUNTINGTON AVE.
380
POLICE

STATION
RETAIL
Towards Downtown South
San Francisco
To Downtown
San Bruno
31 of 231
Primary Public Pedestrian Circulation
N
* Potential location for a newly built Target store
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202323 The primary public pedestrian connections (shown
in blue) allow easy access throughout the site and to
BART, El Camino Real and downtown.

EL CAMINO REAL

PARKING
8 LVL

PARKING
8 LVL
BLDG 3
5 LVL
BLDG 4
5 LVL
BLDG 6
5 LVL
BLDG 5
5 LVL
BLDG 7
4 LVL
BLDG 2
5 LVL
TARGET*
3 LVL
BLDG 1
4 LVL
RESI
7 LVL
CINEMA
4 LVL
RESI
7 LVL
RESI

SNEATH LANE
BART

PARKING
4 LVL
HUNTINGTON AVE.
380
POLICE

STATION
RETAIL
1/4 MILE - 5 MINUTE WALK
Towards Downtown South
San Francisco
To Downtown
San Bruno

TANFORAN PRELIMINARY PROJECT APPLICATION PEDESTRIAN CIRCULATION 32 of 231
Existing Bike Facilities
City Planned Bike Facilities
Proposed Shared Bike Facilities
Connections to Network
Potential Bike/Micro-Mobility Station
N
* Potential location for a newly built Target store
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202324 The proposed off-site bike improvements (shown
in yellow) are part of the City bike plan. In addition, the development will include on-site bike paths and
facilities.

EL CAMINO REAL

PARKING
8 LVL

PARKING
8 LVL
BLDG 3
5 LVL
BLDG 4
5 LVL
BLDG 6
5 LVL
BLDG 5
5 LVL
BLDG 7
4 LVL
BLDG 2
5 LVL
TARGET*
3 LVL
BLDG 1
4 LVL
RESI
7 LVL
CINEMA
4 LVL
RESI
7 LVL
RESI

SNEATH LANE
BART

PARKING
4 LVL
HUNTINGTON AVE.
380
POLICE

STATION
RETAIL
Towards Downtown South
San Francisco
To Downtown
San Bruno

TANFORAN PRELIMINARY PROJECT APPLICATION BIKE NETWORK
33 of 231

TANFORAN PRELIMINARY PROJECT APPLICATION PARKING
The project will provide the sufficient parking required to serve the development on site. Below grade parking will serve the retail and residential programming on the northern half of the site. Parking for the life science campus is two dedicated structures that border the Interstate 380-freeway, and a below-ground parking off of Tanforan Way.

RESIDENTIAL

PARKING
RETAIL

PARKING

LIFE SCIENCE

PARKING
N
* Potential location for a newly built Target store
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202325 L1 - RETAIL - 210 STALLS
L1-2 - TARGET - 350 STALLS
L1-L3 CINEMA/
RETAIL
1,075 STALLS
PARKING # of Stalls
RESIDENTIAL 1,028
Resi a 657
Resi b 1 95
Resi c 1 76
PARKING # of Stalls
RETAIL 2,385
Target 350
Cinema 750
In-Line Retail 1,285
PARKING # of Stalls
LIFE SCIENCE 3,043
Parking 1 1,287
Parking 2 1,258
Parking 3 499
L3 RESI
197 STALLS
B1-B2-L1 RESI
657 STALLS
B1-L1 RESI
176 STALLS

EL CAMINO REAL

PARKING
8 LVL

PARKING
8 LVL
BLDG 3
5 LVL
BLDG 4
5 LVL
BLDG 6
5 LVL
BLDG 5
5 LVL
BLDG 7
4 LVL
BLDG 2
5 LVL
TARGET*
3 LVL
BLDG 1
4 LVL
RESI
7 LVL
CINEMA
4 LVL
RESI
7 LVL
RESI

SNEATH LANE
BART

PARKING
4 LVL
HUNTINGTON AVE.
380
POLICE

STATION

EL CAMINO REAL

PARKING
8 LVL

PARKING
8 LVL
BLDG 3
5 LVL
BLDG 4
5 LVL
BLDG 6
5 LVL
BLDG 5
5 LVL
BLDG 7
4 LVL
BLDG 2
5 LVL
BLDG 1
4 LVL
CINEMA
4 LVL
RESI
7 LVL
RESI

SNEATH LANE
BART

PARKING
4 LVL
HUNTINGTON AVE.
380
POLICE

STATION

EL CAMINO REAL
BLDG 3
5 FL
BLDG 4
5 LVL
BLDG 6
5 LVL
BLDG 5
5 LVL
BLDG 2
5 LVL
TARGET*
3 LVL
BLDG 1
4 LVL
RESI
7 LVL
CINEMA
4 LVL
RESI
7 LVL
RESI

SNEATH LANE
BART

PARKING
4 LVL
HUNTINGTON AVE.
380
POLICE

STATION
BLDG 7
4 LVL
PARKING 3
B1-B2
499 STALLS
PARKING 1
B1-L7
1,287 STALLS PARKING 2
B1-L7
1,258 STALLS
34 of 231
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202326 Sustainability
35 of 231
N
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202327

TANFORAN PRELIMINARY PROJECT APPLICATION EXISTING CONDITIONS Existing
Tanforan
Structures
Asphalt /
Parking

SNEATH LANE

EL CAMINO REAL

HUNTINGTON AVE
380

EXISTING PROPOSED
The scale and nature of the development offers a unique opportunity to transform what is today a largely hardscape and non-landscaped site into an urban oasis. The project will employ state-of-the-art sustainability strategies, enhancing environmental conditions throughout the site. Tanforan will be a mixed-use sustainable village, serving as a model in terms of efficient design, water stewardship and healthy community.

In addition to significantly greening the site, the project will utilize state-of-the-art energy and water efficiencies, including:
• Trees and plantings will be selected to support the local environment. • Implement water efficiency strategies throughout the site. • Parking garage and other large roof surfaces to be used for on-site renewable energy. • Buildings will be designed to create shade and wind protection.

EL CAMINO REAL
HUNTINGTON AVE.

SNEATH LANE
36 of 231
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202328 Phasing
37 of 231

TANFORAN PRELIMINARY PROJECT APPLICATION PHASING
The entitlement process is expected to take 18
to 24 months. During that time, the development
team will work with the City of San Bruno to ensure
an authentic, transparent, and robust community
engagement process.

The project entitlements are expected to include
a Development Agreement. Project phasing will be
subject to a number of external factors, including
economic conditions and permitting timelines. Phase
1 of the development could include:
(i) a potential new Target store
(ii) a significant portion of the residential component of the project
(iii) Improvements to the Century at Tanforan Theater
(iv) open space improvements that help form the
connection between El Camino Real and BART.

Phasing of the life science/office buildings will
ultimately depend on tenant demand. Depending on
market conditions, in the flex zones, some portion of
the life science/office uses could be replaced with a
mix of residential or hotel uses.

N
ALEXANDRIA SAN BRUNOTANFORAN PRELIMINARY PROJECT APPLICATION11.22.202329 1 2
3a 3b
3c

FLEX AREA

FLEX AREA
38 of 231
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Peter Gilli, Community Development Director SUBJECT: Conduct a Joint City Council/Planning Commission Study Session and Provide Feedback on Proposed Municipal Code Amendments to Improve the Planning Permitting Process
BACKGROUND:

This joint City Council/Planning Commission study session is intended to be a discussion of proposed changes to the planning permit processes defined in Title 12 of the San Bruno Municipal Code. The proposed changes were developed after analyzing the City’s existing processes through the perspective of the following five principles:

1. Fulfill City Council Strategic Initiative 10.1
On March 25, 2023, the City Council attended a retreat at the Senior Center to discuss goals and initiatives for the upcoming fiscal year budget. Councilmember Alvarez suggested adding a Strategic Initiative to improve Community Development processes. In response to the suggestion, Community Development Director Gilli outlined a proposed department initiative to “expand and improve productivity for the Community Development Department” which entailed “additional management resources, expanded use of technology, training and team- building, improved interdepartmental coordination, and amending zoning regulations to streamline planning permit processes.” The City Council included the department initiative under the Operational Efficiencies section as initiative 10.1 in their adoption of the FY 2023- 24 Priority Focus Areas and Strategic Initiatives on May 9, 2023.

The proposed planning permit process changes will establish a less costly and time- consuming process for most homeowners, most small business owners and some developers having a more timely process to invest in their property. This supports the City’s economic development goals, as private investment in property strengthens the tax base, thus increasing the City’s ongoing sales, property, business, and transit occupancy tax revenues that can be utilized for ongoing operating expenses.

2. Implement Housing Element Programs 9a and 9d
On October 10, 2023, a joint City Council/Planning Commission study session was held on the topic of the Housing Element certification and implementation process. The revised Housing Element includes numerous program commitments to obtain State certification.

Item 6a
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6 8
9 Statewide, local review processes have been identified by the State legislature as potential “governmental constraints” to the production of housing, due to the costs, time spent, and uncertainty of the process. Local jurisdictions are called upon to commit to reduce or remove these constraints in the Housing Element update.

Programs 9a and 9d of the revised Housing Element commit the City to reducing constraints associated with the City’s planning review process for new multi-family housing and single- family additions. The proposed changes implement Programs 9a and 9d of the revised Housing Element.

3. Find Capacity for Major Community Development Initiatives There are several community-wide long-range planning initiatives that the Community Development Department lacks staff capacity to adequately complete:

Legally Required Initiatives
• Housing Element Certification
• Housing Element Implementation
• Safety Element of the General Plan
• Environmental Justice Element of the General Plan
City Council Strategic Initiatives
• 4.0 – Transit Corridor Plan. For FY 24-25, staff recommends an assessment of the TCP to determine if the allowed development potential makes private property re-investment, and fulfillment of the TCP vision, financially feasible. • 18.0 – Adopt an Affordable Housing Fund Implementation Plan • 19.0 – Affordable Housing, including Development Partnership • 22.0 – Climate Action Plan
The proposed planning permit process changes provide efficiencies that frees up staff capacity to take on more of these major initiatives.

4. Respond to Observations of Existing Processes
Staff and several Planning Commissioners have stated that they have experienced that a large number of applications that proceed to public hearings for review and action are straightforward, with little to no public concern, no applicant concerns, and no staff concerns.

When informally prompted with the question of whether the community would benefit more if more applications were acted on administratively to allow capacity for staff and the Commission to address the major initiatives listed above, the Commissioners indicated great interest in exploring that concept.

After further analysis, staff recommends the process be adjusted to shift minor applications to administrative actions, while maintaining public notification and appeal rights. Such a process could allow the vast majority of applications can reach a final action more expeditiously, while 40 of 231
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6 8
9 retaining the opportunity for a concerned applicant or third-party to appeal an administrative action to the full Planning Commission for the less common cases where there is controversy.

5. Make Continual Progress for Process Improvement
Lastly, the proposed changes reflect a concerted effort to take as many positive steps forward to improve the process in this round of amendments, whether large or small steps, without being constrained by trying to make the entire process perfect. Optimally, the City will regularly examine the planning permit process over time to continue to make incremental improvements.

DISCUSSION:

Staff identified 45 types of applications or zoning administration authority within Title 12, and developed proposals as shown in Attachment 1. Recommendations range from making no change, removing the requirement, or adjusting the decision-making authority. For this report, the proposed changes have been grouped into the following categories:

1. Multi-family Ministerial Review Processes (#4 – 6 in Attachment 1). These proposed changes are based on Program 9a of the revised Housing Element. The remainder of the changes are primarily based on fulfilling Strategic Initiative 10.1

2. Single Family/Duplex (R-1/R-2) Planning Processes (#7 – 16)

3. Conditional Use Permit Processes (#24)

4. Other Process Adjustments
Formal ordinance language has not been developed at this time. The intent is to receive feedback and direction from the City Council and Planning Commission at this study session on the proposed changes before preparing the formal ordinances for future consideration at a public meeting.

Multi-family Ministerial Review Processes
The State now requires certain multi-family planning permits to go through a ministerial process, subject to certain qualifications including providing a specific minimum number of affordable units.

The 732-740 El Camino Real project is an example of a housing project going through a ministerial approval process pursuant to State Government Code Section 65913.4. In this ministerial process, the planning permit was reviewed by staff from many City departments, and then administratively approved once the plans were made compliant with applicable objective standards. There was no public notice or hearing. That project is under construction now.

As part of the revised Housing Element, Program 9a commits the City to establishing ministerial processes for certain multi-family projects by July 1, 2024 (see Attachment 2). This was introduced to the City Council and Planning Commission on October 10, 2023. These changes will be part of the formal ordinance amendment package:
• Multi-family housing projects on the sites the City identified as part of meeting RHNA (#4); and
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6 8
9 • Multi-family housing projects not on a site identified as part of meeting RHNA, if those projects exceed the City’s minimum affordability requirements (#5).

The 840 San Bruno Avenue project site was identified in the Housing Element Opportunity Sites Inventory. Therefore, had the project still been in the planning process after this ordinance change becomes effective on July 1, 2024, that project would not have gone to a Planning Commission hearing and would have been acted on ministerially.

Program 9a does not commit the City to make all multi-family projects ministerial. This was purposeful, to use the ministerial process as an incentive to leverage more affordable units. If a developer of a non-Housing Element site chooses not to provide more affordable housing, then they will be required to go through the discretionary process and a Planning Commission hearing for a final action (#6).

R-1/R-2 Planning Processes
Currently, homeowners proposing new construction, including additions to existing homes, on properties in the R-1 and R-2 zoning districts may require planning approvals prior to applying for building permits. There are several thresholds for what type of projects require planning permits.

Many of these planning approvals require hearings with the Planning Commission (PC) and/or Architectural Review Committee (ARC). Staff estimates that over a third of the agenda items for PC and ARC are related to new construction proposed by homeowners in the R-1 and R-2 zoning districts related to single-family homes or duplexes. The City Council set the application fees for these types of projects at less than cost recovery, meaning that there is a General Fund subsidy of each application.

These agenda items rarely have controversy. Feedback from Planning Commissioners and planning staff question whether the existing process is the best use of City resources, especially considering the fees are not full cost-recovery.

At the study session, staff will present proposals to change the R-1/R-2 planning process as follows:

1. Projects that fully comply with zoning regulations, but may have privacy impacts on immediate neighbors, can be acted on administratively with notice only to the immediate neighbors (#10-12);

2. Projects that seek minor variation from zoning regulations can be acted on administratively through a new “Exception” application type, with standard noticing (#13-16); and

3. Projects that seek major variations from zoning regulations require PC approval of a Variance and standard noticing (#13-16).

The process would result in homeowners fully complying with zoning to go through the shortest simplest process, while homeowners proposing the most variation from zoning requirements will go through the lengthier more public process. In addition to reducing staff and Commission time spent on these relatively non-controversial items, the proposed changes would provide notable benefits to the homeowners proposing new construction.
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6 8
9 Conditional Use Permit Processes
The zoning ordinance lists permitted and conditional uses for each zoning district. Permitted uses are those that are allowed “by right,” and theoretically could occupy every property or tenant space in that zoning district. Conditional Use Permits are a zoning tool where City Council has reasons not to allow on every property in the district, whether it is because of seeking to avoid overconcentration, because the use is appropriate only on sites with certain characteristics, or because special analysis and conditions of approval are necessary to ensure operations do not have detrimental effects. Based on State law, Conditional Use Permits require a public hearing.

Staff estimates at least a third of the agenda items for PC are use permits. Typically, use permits have not been controversial. The City Council set the applications fees for Conditional Use Permits for full cost recovery.

Staff believes the Conditional Use Permit is an essential tool for zoning administration, but that the process would benefit from refinement to make sure it is not a barrier for small businesses.

Proposed changes (#24):

1. Remove use permit requirements for R-1/R-2 homes, duplexes and additions (part of the R-1/R-2 process change);

2. Remove use permit requirement for City projects. Requiring the City to get a planning permit for a City project is uncommon. Since City Council already approves the final design of City projects, staff recommends removing the planning permit requirement.

3. Establish a threshold for whether a Conditional Use Permit is acted on by the Planning Commission or administratively. Since the majority of use permits in recent years have not been significant, staff recommends the threshold be such that the majority of use permits are administrative. But certain types of uses, such as the “bars, nightclubs, and lounges” category, could be considered significant enough to maintain a PC hearing. Staff has not completed its analysis of specifically what that threshold should be. This will be part of the formal ordinance package in early 2024. City Council and Planning Commission feedback on this topic is requested; and

4. Set commercial cannabis in the Major category and maintain the existing process of a PC recommendation to CC.

The process effectively gives most small business owners a shorter path, with less cost, to a final action. The exception will be the types of uses that end up categorized as Major use permits that will have the same process as today.

Other Process Adjustments
The remainder of the proposed changes are more general in nature, as shown in Attachment 1.

At the study session, staff will go through each category of planning permits, and describe the proposed changes.

Most proposed changes call for thresholds to be identified and that “Major” types of those applications be acted on by the Planning Commission, with those considered “Minor” being 43 of 231
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6 8
9 handled administratively, as introduced in the Use Permit section above. Thresholds are proposed and shown in Attachment 1.

Another proposal is that for actions that modify an existing permit, that the decision-making body that would act on a new permit be the authority for the modification.

Key Points
While numerous changes are proposed to the final decision maker for application types, the proposed planning review remains in place for all project types, except for the following:
• Conditional Use Permits for R-1/R-2 homeowners expanding a home by 50%, adding 1,000 sq. ft., or causing the home to exceed 3,000 sq. ft. (note, an R-1/R-2 homeowner may require planning permits if their project triggers review for other reasons); and • Conditional Use Permits for City projects and land uses.

Every planning application goes through staff analysis. By changing an item from an ARC or PC action to an administrative action, the staff analysis remains unchanged, but the need to create staff reports and prepare presentations for the final action is not needed.

Also, public notification will remain for all planning applications that currently have noticing. Staff is exploring whether to reduce the extent of public notification for the minor R-1/R-2 applications, possibly to only immediate neighbors. This is being considered because the standard 300-foot radius public notice is a notable cost to applicants, and the minor R-1/R-2 applications will generally only affect the immediate neighbor. But otherwise, if the planning permit currently requires noticing, that will continue:
• For administrative actions, the notice would be changed from informing the public about a hearing, to informing them of the application, and requesting they contact staff with any concerns they want to be considered before a final action is taken. • For administrative hearings, the notice would be similar to existing Planning Commission notices except that it will advertise an administrative hearing instead of a Commission hearing.

Also, all administrative actions can be appealed to the Planning Commission.

The proposed changes maintain the public’s opportunity to be informed and weigh in on land use applications. The only exception is that the multi-family projects that become ministerial will not have notification or hearings.

Architectural Review Committee
The Architectural Review Committee (ARC) is a subcommittee of three rotating PC members that reviews and/or acts on Architectural Review Permits, Sign Deviations, Master Sign Programs, and certain R-1 Minor Modifications. The subcommittee rotates and volunteers are solicited before each meeting.

The ARC has been a part of the City’s review of planning permits historically, and ARC has played an important role. There are issues with the ARC process related to consistency, which could be 44 of 231
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6 8
9 improved. However, given State law limiting local authority over housing review, the proposed thresholds for Major applications going to PC and Minor applications being administrative, and factoring in the need for more capacity to address community-wide initiatives, staff recommends that the Municipal Code be amended to remove the ARC.

Schedule and Next Steps
The proposed changes show the overall concept for an improved planning review process. As noted, the proposed package of process changes has not been refined into formal ordinance language. The goal of this study session is to receive City Council and Planning Commission feedback and direction on whether this package is going in the right direction, and are there any specific concepts that staff should adjust, remove, or consider as the ordinance language is developed.

As staff prepares the formal ordinance changes, there may be opportunities for additional changes, clarifications or clean-up of text discovered. These will be included in the formal ordinance amendment, and called out to allow the Planning Commission and City Council to be aware as they decide on adopting the changes.

The projected Planning Commission hearing for the ordinance amendments is in February 2024.

As this will be the first review of the actual ordinance language, staff expects, and welcomes, the Commission will identify several recommendations for improvements and adjustments to capture the overall direction City Council is seeking. That Planning Commission recommendation will be brought forward to City Council for adoption, tentatively scheduled in March 2024. The standard effective date for a new ordinance is 30 days after adoption. In this case, the projected effective date for the new ordinance will be July 1, 2024, to coincide with the start of the new Fiscal Year.

This will allow the Master Fee Schedule to be adjusted to reflect the changed processes. City Council action on the Master Fee Schedule update is targeted for April 2024. In addition, setting a July 1, 2024 effective date for the planning process amendment will allow staff to update application materials, the website, and internal processes.

Key Questions
Staff’s primary premise to this package of proposed changes is whether the City seeks to adjust the process to fulfill the public interest that comes from planning review of land use applications, but in a manner that is more cost-effective and less time-consuming for applicants and the City, so that the capacity gained can be focused on larger initiatives.

The first question that staff seeks City Council and Planning Commission feedback on is whether this proposal appears to strike the right balance of maintaining sufficient review in a manner that utilizes City resources as effectively as possible. Next, staff requests the opportunity to review with City Council and Planning Commission about the proposed changes, or other potential concepts that are not included. Staff believes that discussion about the thresholds that determine whether an application type goes to Planning Commission or an administrative process would be most beneficial.

FISCAL IMPACT:

There is no additional fiscal impact for this study session. 45 of 231
Honorable Mayor and Members of the City Council
December 12, 2023

Page 8 of 8 ends

6 8
9 ENVIRONMENTAL IMPACT:

There is no formal action with this study session, therefore this agenda item is not considered a “Project” under the California Environmental Quality Act and no environmental analysis is required.

RECOMMENDATION:

Conduct a Joint City Council/Planning Commission Study Session and provide feedback on proposed Municipal Code amendments to improve the planning permitting process.

ATTACHMENTS:

1. Summary Table of Planning Permit Processes and Proposed Changes

2. Programs 9a and 9d of the revised Housing Element
46 of 231
Summary Table of Planning Permit Processes and Proposed Changes # Type of Project Existing Process Proposed Change
Legislative Actions
1 General Plan Amendment
2 Zoning Change or Code Amendment
3 Development Agreement
PC recommendation to CC
PC recommendation to CC
PC recommendation to CC
No change
No change
No change
Housing Related Applications ‐ changes based on revised Housing Element Programs 9a and 9d Multi‐family projects on the Housing
Element Sites Inventory4
5 6
ARC and PC
ARC and PC
ARC and PC
Admin ‐ Ministerial
Admin ‐ Ministerial
PC
Multi‐family projects not on Sites Inventory
but proposing 20% lower affordable
Multi‐family projects not on Sites Inventory
with only the City minimum 15% BMR
R‐1/R‐2 Projects that fully comply with zoning regulations 7 Expansion of more than 50%
8 Expansion over 1,000 sq. ft.

ARC and PC
ARC
Remove permit requirement
Remove permit requirement
Construction that causes a home to exceed
3,000 sq. ft.9 ARC Remove permit requirement
10 Construction involving a third story
11 New homes on infill lots
ARC and PC
ARC and PC
Admin
Admin
Certain cases with second story
windows/decks12 ARC and PC Admin
R‐1/R‐2 Projects that seek to exceed zoning regulations Exceeding 0.55 Floor Area Ratio (FAR), as
adjusted for lot size, slope
Minor ‐ up to 0.62 FAR (Admin);
Major ‐ over 0.62 FAR (PC)13
14 15
16 ARC and PC
ARC and PC
ARC
Exceeding lot coverage of 80% of the
allowed floor area
Encroaching into side/rear setbacks (up to 2
feet, 3 foot minimum setback)
Exceeding heights, varies from 26' to 30'
depending on slope
Minor ‐ up to 110% of allowed floor area (Admin);
Major ‐ over 110% (PC)
Minor ‐ up to 2‐foot encroachment (Admin);
Major ‐ over 2‐foot encroachment (PC)
Minor ‐ up to 3‐foot additional (Admin);
Major ‐ over 3‐foot additional (PC)ARC and PC

Page 1 of 3 ends

ATTACHMENT 1
47 of 231

# Type of Project Existing Process Proposed Change
Other
Processed concurrently with the
Development Permit
CC approval of agreement on
consent ‐ after entitlement
Requires CC approval with
entitlement
17 Density Bonus Application No change (future Housing Element program) No change18 Affordable Housing Plan
Alternative Affordable Housing Plan
(alternatives to 15% BMR)
Allow the decision‐making body for the project to approve an alternative affordable housing plan19
Development Permits
Major ‐ new development plan, new building(s), addition of 10% ore more, or 10,000 sq. ft. or more, new or change of Major use (PC); Minor ‐ addition less than 10% and under 10,000 sq. ft., new or change of Minor use, and site, architectural, and landscape changes that exceed a modification (Admin)
20 Planned Development Permit PC (can include uses)
Major ‐ projects with a Tract Map (5+ lots) (PC)
Minor ‐ projects with a Parcel Map (Admin)
No change except for Major R‐1/R‐2 projects (#13‐16) are variances Major ‐ match Major PD Permit (#20) threshold w/o uses (PC) Minor ‐ match Minor PD Permit (#20) threshold w/o uses (Admin) 21 Planned Unit Permit
22 Variance
PC (with associated Map)
PC
23 Architectural Review Permit ARC or PC
Use Permits
Remove use permit requirements for R‐1/R‐2 construction and City projects
Major ‐ uses such as "adult businesses; bars, nightclubs, lounges" (PC).

Except PC + CC for commercial cannabis;
Minor ‐ all other conditional uses (Admin hearing)
Admin
PC except PC recommendation
to CC for commercial cannabis24 Use Permits
25 Parking Compliance Permit
26 Temporary Use Permits
Admin or PC
Admin for up to 3 months, PC
for up to one year No change
Sign Permits
27 Sign Permit
28 Master Sign Program
Admin
ARC
No change
Admin, except sign programs with a Major sign deviation go to PC Major ‐ sign area/size (PC)
Minor ‐ clearance height (Admin)29 Sign Deviation ARC

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48 of 231

# Type of Project Existing Process Proposed Change
Subdivisions
30 Tentative Tract Map (5+ lots)
31 Tentative Parcel Map (less than 5 lots)
32 Lot Line Adjustment
PC No Change
No Change
No Change
Admin hearing
Admin
Modifications
Major Modification (change to character Assign authority to who would be the decision‐making body for a new permit33
34 Admindefining feature, condition of approval)
Minor Modification (non R‐1/R‐2) (no
substantial alteration defining feature) Admin
PC
No change
Admin35 Modification to a Subdivision Map
Miscellaneous
Admin, first appeal to CM,
second appeal to CC.

Revocation by Director.

Admin
Use Permit unless collocation
Pre‐application and
36 Short Term Rental Zoning Permit No change
37 Reasonable Accommodation
38 Wireless Facilities
No change (future Housing Element program)
Study change to Admin Architectural Review Permit
Change to optional, as requirement could be viewed by the State as a "constraint" to housing39 TCP Pre‐Application neighborhood meeting prior to formal application
Administration
Admin authority for overall interpretation of the Article III. Zoning, appealable to PC40 Interpretation Mixed authority, Admin and PC Admin for 1st extension; PC for 2nd extension assigned to the decision‐making authority for a new 2nd extension permit. Clarify that new conditions may be added to an extension PC for any permit in the zoning Assigned to the decision‐making authority for a new permit. 41 Extensions
42 Revocation ordinance Expand that the revocation hearing can include modifying the permit PC for any permit in the zoning
ordinance43 Multiple Planning applications No change, highly recommended to keep this Admin => PC, PC => CC except
Subdivisions => CC, and Short
Term Rentals => CM
Admin => PC (includes Subdivisions), PC => CC,
Short Term Rentals => CM44 Appeals
Analyze potential for conflict of interest and potential need of recusal.

Amend text if necessary45 PC/CC call up of Admin/PC decisions Varies, PC or CC

Page 3 of 3 ends

49 of 231
Programs 9a and 9d of the revised Housing Element
9 Streamline Review Processes for Housing Projects
a
Amend Municipal Code to establish ministerial processes for multi-family housing projects as follows:

1. Ministerial process for multi-family projects on the Sites Inventory that meet the projected density;

2. Ministerial process for any multi-family project on property that allows multi-family residential if deed-restricted 20% lower income units are provided for at least 55 years.
d Amend Municipal Code to simplify review processes for new single-family homes and additions.

ATTACHMENT 2
50 of 231
"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
November 14, 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 speak under Public Comment

4. STUDY SESSION
a. Receive a Presentation on Fund Balances and General Fund Reserves as of June 30, 2023 Chief financial Officer Nick Pegueros presented the item to the City Council and answered questions.

No members of the public wished to speak under this item City Manager Alex D. McIntyre answered questions.

No reportable action was taken.
b. Conduct a Study Session to Receive an Update and Provide Feedback on the Regulated Output Streetlight Replacement Project
Public Works Director Matthew Lee presented the item to the City Council and answered questions.

No members of the public wished to speak under this item City Manager Alex D. McIntyre answered questions
Direction given to move forward with Option 2a.

5. ADJOURNMENT
The meeting adjourned at 6:39 pm. The next Regular City Council Meeting will be held on November 14, 2023 at 7:00 pm.

These City Council minutes were prepared by Lupita Huerta, City Clerk and presented to the City Council for approval at the regular meeting of December 12, 2023. ______________________________ ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor
Item 7a
51 of 231

1 Rico E. Medina, Mayor
Tom Hamilton, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Marty Medina, Councilmember, District 4
Michael Salazar, Councilmember

“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
November 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. Public Employee Performance Evaluation Pursuant to Government Code §54957 Title: City Attorney
There was no reportable action taken.
b. Public Employee Performance Evaluation Pursuant to Government Code §54957 Title: City Manager
There was no reportable action taken.

5. ADJOURNMENT
This meeting adjourned at 8:50 pm. The next Regular City Council Meeting will be held on December 12, 2023 at 7:00 pm.

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, for approval at the regular meeting of December 12, 2023.

Lupita Huerta
City Clerk
Rico E. Medina
Mayor

52 of 231

"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
November 14, 2023
7:00 PM

1. CALL TO ORDER
The meeting was called to order at 7:00 pm

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

Medina were all present

3. PLEDGE OF ALLEGIANCE
Mayor R. Medina led the pledge

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Member of the Public Maria Concha – Spoke about dog owners lack of attention within the avenues; requested recreation center update; and influx of Uber, Town cars and cabs parking in the neighborhoods.

Member of the Public Rebecca Molano – spoke about importance of participating in City Council meetings; downtown; downtown parking meters; ticketing; October 28th event put on by downtown merchants; and crime.

Unknown member of the Public – spoke about approved number of dispensaries.

5. ANNOUNCEMENTS/PRESENTATIONS
a. Save the date! San Bruno’s Community Services Team has programmed the annual Tree lighting and Jingle Around the Block - you won’t want to miss it. Enjoy live music and countdown to the lighting of the tree at Centennial Plaza on San Mateo/Jenevein Avenues on December 1 at 5 pm. Santa will then dash around San Bruno beginning at approximately 6 pm.
b. Issue Proclamation Declaring November 25, 2023 as Small Business Saturday in San Bruno
c. Issue Proclamation Recognizing Corporal Oliver Reich, Officer Alvin Mei, Officer Tanner Andrade and Officer Anthony McKenna as Recipients of the SBPD Distinguished Service Medal
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Police Chief Ryan Johansen provided a presentation to the City Council and issued awards. Corporal Reich, Officer Andrade and Officer McKenna accepted proclamation.
d. Receive Project Update on the Recreation & Aquatic Center Public Works Director Matthew Lee introduced Consor Project Manager Rodrigo Macaraeg. Rodrigo Macaraeg presented the item to the City Council and answered questions.
e. Receive Presentation on the Results from the 2023 Community Perceptions Survey City Manager Alex D. McIntyre introduced the item and Consultants Bryan Godbe of Godbe Research. Bryan Godbe presented the item to the City Council.

Unknown Member of the Public – asked about the remaining funds for the Recreation and Aquatic Center; sports related traffic; new narrow lanes; and including pickleball courts to tennis courts.

Member of the Public Rebecca Molano – spoke about downtown being a priority for residents; improving the downtown; improve communication; establish merchants association; and DEI professionals.

Unknown Member of the Public – spoke about City Park Way being too narrow.

6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes for July 25, 2023; August 22, 2023; and October 24, 2023 and Regular Meeting Minutes for June 13, 2023; June 27, 2023; August 22, 2023; September 26, 2023 and October 24, 2023 b. Approve Accounts Payable for October 23. 2023, October 30, 2023 and November 6, 2023.
c. Accept Payroll for October 22, 2023
d. Approve Investment Report Dated September 30, 2023
e. Approve Reconciliation of General Ledger to Bank Report Dated f. Consider Adoption of a Resolution:

Authorizing the City Manager to Execute an Agreement with Bellecci & Associates Inc. for Design Services in the Amount Not to Exceed $254,358 for the Crystal Springs Road Phase I Underground Utility Project; and Determining the Project is Exempt Under the California Environmental Quality Act
g.

Consider Adoption of a Resolution:

Approving the Design of the Oakmont Manhole Emergency Repair Project; Authorizing the City Manager to Execute a Construction Contract with Golden Bay Construction, Inc. for the Oakmont Manhole Emergency Repair Project in an amount not to exceed $215,166;
Approving a Construction Contingency of $32,500;
Approving a total project budget in the amount of $388,000; Appropriating $388,000 from the Dec/Jan 2023 Winter Storm Event Fund; and
Determining the Project is Exempt under the California Environmental Quality Act
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h. Consider Adoption of an Ordinance Entitled “An Ordinance of the City of San Bruno Amending Title 7 (Vehicles and Traffic) to Add Regulations Relating to Paid On and Off-Street Parking Areas in the City, and Making a Finding of Exemption Under CEQA”
i. Consider Adoption of a Resolution:

Authorizing the City Manager to Execute an Amendment to the Agreement with Wilsey Ham for Design Services in the Amount Not to Exceed $128,409 for the 425 Cunningham Way Landslide Mitigation Project; Approving a total Agreement Amount of $190,904;
Establishing a design contingency of 10%;
Approving a total project design budget in the amount of $291,000; Appropriating $91,000 from the Emergency Disaster Reserve (Fund 136); and
Determining the project is exempt under the California Environmental Quality Act (CEQA
j. Consider Adoption of a Resolution Authorizing the City Manager to Waive Encroachment Permit Fees, Staff Labor Reimbursement Fees, and City Insurance Rider Premium Costs of up to $900 for a Community Holiday Party Road Closure on Glen Avenue on December 10, 2023
k. Consider Adoption of a Resolution Authorizing the Receipt and Expenditure of $110,000 in California Office of Traffic Safety (OTS) Grant Funds to Facilitate the Selective Traffic Enforcement Program (STEP) #PT24170
l. Consider:

Adoption of a Resolution Establishing a “No Parking Zone” from 8:00 AM to 3:00 PM Monday through Friday, Except Holidays, on the Westerly Curb of Crestmoor Drive within 15 Feet of the Water Quality Testing Station, Which is Approximately 85 Feet South of the Intersection of Darby Lane, and Making a Finding of Exemption under CEQA; and
Introducing, Reading by Title Only, and Waiving Further Reading of an Ordinance Entitled, “An Ordinance of the City of San Bruno Amending Chapter 7.16 (Stopping, Standing and Parking) of Title 7 (Vehicles and Traffic) of the San Bruno Municipal Code to Add
Regulations to Allow Parking
in Intersections Adjacent to the Curbs, and Making a Finding of Exemption under CEQA”
m. Receive and File Report on Vehicle Purchases Authorized by City Council Resolution 2023-110
Vice Mayor Hamilton pulled item 6f for a separate vote
Item b – Councilmember Alvarez pulled item for a question.

Chief Financial Officer Nick Pegueros will provide a follow up to the City Council.

Item l – Vice Mayor Hamilton recused himself from voting on this item due to the location of his home causing a conflict of interest.

No members of the public wished to speak under Items a-m (not including Item f) M/S Salazar / M. Medina to approve all consent items with the exception of Item f, with a notation that Vice Mayor Hamilton recused himself from Item l. Items a-m (excluding Item l): The motion passed unanimously. Item l: The motion passed 55 of 231
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with a majority vote of Councilmembers Alvarez, M. Medina, Salazar, and Mayor R.

Medina voting yes and Vice Mayor Hamilton recused.

Item 6f: Vice Mayor Hamilton, Councilmembers M. Medina, Salazar and Mayor R.

Medina expressed concerns/asked questions.

City Manager Alex D. McIntyre answered questions.

Public Works Director Matthew Lee answered questions.

Unknown Member of the Public – spoke about urgency and timelines M/S Salazar / R. Medina to approve the item with condition that staff look at the option of selling the credits and if there is an option/information, bring it back at the December meeting. The motion passed with a majority vote of Councilmembers Alvarez, Salazar, and Mayor R. Medina voting yes and Councilmember M. Medina and Vice Mayor Hamilton voting no

7. PUBLIC HEARING(S)
a. Conduct a Proposition 218 Public Hearing to increase Water Service Charges; Consider Adopting a Resolution Approving Increases to Water Charges, Effective January 1, 2024 and on Each January 1 thereafter through January 1, 2028, and Finding Such Action Exempt from CEQA; and Consider Introducing, Reading by Title Only and Waiving Further Reading of an Ordinance Entitled “Ordinance of the City Council of the City of San Bruno Repealing Water Rates and Service Charges Adopted by Ordinance No. 1853, Making Conforming Changes in Chapter 10.14, and Determining that Such Actions Are Exempt from CEQA”
The City Council meeting recessed at 8:47 pm and reconvened at 8:53 pm.

Chief Financial Officer Nick Pegueros introduced the item and Alex Handlers of Bartle Wells Associates presented the item to the City Council.

Member of the Public Paul Furman – spoke in opposition
Unknown Member of the Public - spoke about font size on bill, notification and age of pipes
Unknown Member of the Public - spoke in opposition
Unknown Member of the Public – spoke in opposition
Unknown Member of the Public – spoke about need for clean water Unknown Member of the Public – spoke about need to improve water and leaking pipes
M/S Salazar/M. Medina to close the public hearing. The motion passed unanimously.

Consultant Alex Handler answered questions.

Public Works Director Matthew Lee answered questions
Chief Financial Officer Nick Pegueros answered questions M/S Hamilton/Salazar to approve the resolution. The motion passed unanimously.

M/S Salazar/ Alvarez to approve the ordinance. The motion passed unanimously.

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8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS
Vice Mayor Hamilton:
a. Request a Study Session to Re-examine and Potentially Improve the Residential Parking Permit Program
Member of the Public Maria Concha – spoke about parking issues and needing quicker response times
M/S Hamilton/Alvarez to have a study session to reexamine and potentially improve the residential parking permit program. The motion passed unanimously.

Councilmember M. Medina:
• S an Bruno Education Foundation’s Casino Night this Saturday at the Farallon Room, Skyline College
• Sa Bruno Responds App – can report things and make service requests.

Vice Mayor Hamilton
• Also spoke about San Bruno Responds

Mayor R. Medina:
• 1400 and 1450 Youtube are officially occupied. Met with CEO. • Attended a virtual meeting with BART Police Chief and government affairs persons. • Together with City Manager went to San Mateo Union High School District. • Had made challenge with elected officials to visit all of the schools by end of year – Nov 1st went to St. Robert’s; Nov 8th Church of the Highland’s. Fulfilled commitment and visited all private and public schools in the City of San Bruno. • Capuchino High School had a great season, were in CCS payoffs.

10. ADJOURNMENT
This meeting adjourned at 10:35 pm. The next Regular City Council Meeting will be held on November 28, 2023 at 7:00 pm.

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, for approval at the regular meeting of December 12, 2023.

_____________________________ _____________________________ Lupita Huerta Rico E. Medina
City Clerk Mayor

57 of 231
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: November 13, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative SUBJECT: Accounts Payable Warrant Register
This is to certify that the claims listed on pages 1 to 3 inclusive, and/or claims numbered from 206083 through 206200 inclusive, totaling $6,306,597.80 have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $264,519.45
111 Police Asset Forfeiture $259.00
121 Federal/State Grants $3,864.50
130 Impact Fees $1,905.66
132 Agency On Aging $1,054.40
133 Restricted Revenues $3,472.50
137 Developer Project Contributions $122,427.30
201 Parks and Facilities Capital $4,810,819.89
203 Street Improvement Projects $86,924.50
207 Technology Capital $51,626.32
611 Water Fund $172,730.36
621 Stormwater Fund $189,113.72
631 Wastewater Fund $483,187.00
641 CityNet Services Fund $49,511.99
651 Parking Fund $4,475.00
701 Central Garage $4,076.97
702 Facility Maintenance Fund $9,786.85
703 General Equipment Revolving $4,034.13
707 Technology Development $224.13
711 Self-Insurance $42,584.13
TOTAL FOR APPROVAL $6,306,597.80
Respectfully submitted,
_________________________
Chief Financial Officer Date
DocuSign Envelope ID: 0B9962D3-9DBD-4A4D-8D1C-1E036058CD6E 11/13/2023
Item 7b
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Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0106435 ACTION
TOWING & ROAD SVC. INC. 206083 616.6311/13/2023
0001170 AIRGAS USA, LLC 206084 283.7011/13/2023
0109134 ARI INVESTIGATIONS, INC. 206086 3,000.0011/13/2023 0111159 ASHLEY CROCIANI 206104 86.1311/13/2023
0016123 AT&T 206087 821.8511/13/2023
0105649 ATLAS PLUMBING AND ROOTER,INC. 206088 2,500.0011/13/2023 0000345 BAKER & TAYLOR BOOKS 206089 2,043.5911/13/2023 0100526 BAY ALARM COMPANY 206091 194.9711/13/2023
0109646 BIO CAR CARE 206092 525.0011/13/2023
0109661 BIRITE FOODSERVICE DISTRIBUTORS 206119 323.4011/13/2023 0108182 C2R ENGINEERING, INC. 206093 186,500.0011/13/2023 0111158 CALIFORNIA SEWER ENGINEERING, INC. 206173 8,000.0011/13/2023 0018048 CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. 206135 2,468.391 1/13/2023 0093290 CHARLES BARRINGER 206090 10,462.7511/13/2023
0016324 CINTAS CORPORATION #464 206096 774.3211/13/2023 0110831 CITY NATIONAL BANK 206097 239,629.5411/13/2023 0000386 CITY OF SOUTH SAN FRANCISCO 206098 458,470.8811/13/2023 0110562 COAST TO COAST GENETIC GENEALOGY SERVICES LLC 206122 4,245.0011/13/2023 0018911 COMCAST CABLE COMMUNICATIONS 206102 12,907.4411/13/2023 0018331 CSG CONSULTANTS INC. 206105 40,435.0011/13/2023 0108073 DARCY SMITH 206176 97.5911/13/2023
0109577 DIRECTWORX 206106 910.9311/13/2023
0101178 DISCOUNT PLUMBING 206107 3,000.0011/13/2023
0111150 DISCOVER PRODUCTS INC. 206108 22.0011/13/2023 0018799 ECONOMIC&PLANNING SYSTEMS INC. 206110 1,738.7511/13/2023 0108675 ECONOMY PLUMBING 206111 5,500.0011/13/2023
0017300 ENVIRONMENTAL HEALTH FEE 206112 289.0011/13/2023 0000944 FEDEX 206113 147.0211/13/2023
0109510 FIRST ALARM 206116 340.0011/13/2023
0001782 FLOWERS ELECTRIC & SVC.CO.INC. 206117 8,285.7211/13/2023 0018117 FLYERS ENERGY, LLC 206118 6,085.3911/13/2023
0109776 FRESH LINE PRODUCE 206120 318.0011/13/2023
0104135 GLOBAL TRACKING COMMUNICATIONS, INC. 206190 282.9911/13/2023 0108425 GOOD CITY COMPANY 206125 24,666.2911/13/2023
0109976 GOVERNMENTJOBS.COM, INC. 206126 51,626.3211/13/2023 0000162 GRAINGER 206127 516.1011/13/2023
0108221 HDL COREN & CONE 206128 3,556.2511/13/2023
0096946 HDR ENGINEERING, INC. 206129 10,095.0011/13/2023 0107681 INTERIOR MOTIONS 206130 4,110.2511/13/2023
0016941 INTERSTATE GRADING&PAVING,INC. 206131 21,004.5011/13/2023 0108549 JEANETTE M FEINBERG 206114 138.6011/13/2023
0111141 JENNA ANICETTI 206085 40.0011/13/2023
0110372 JENNIFER LEAVER 206137 185.4511/13/2023
0111153 JERI EILEEN MCGOVERN 206144 65.7011/13/2023
0107803 JOE GALEA 206121 500.0011/13/2023
0097746 JOE VALIENTE 206194 113.7911/13/2023
0098973 JOSEPH TELLES 206185 8,840.0511/13/2023
0000771 JT2 INTEGRATED RESOURCES 206132 36,053.1311/13/2023 0018376 JT2 INTEGRATED RESOURCES 206133 6,531.0011/13/2023 0110540 JUSTIN MILANDER 206147 407.0011/13/2023
0096379 KAREN OJAKIAN 206153 72.0011/13/2023
0017661 KATHY M SCHMIDT 206170 2,022.7511/13/2023
0000132 KELLY-MOORE PAINT CO INC. 206134 228.0211/13/2023 Page: 1
DocuSign Envelope ID: 0B9962D3-9DBD-4A4D-8D1C-1E036058CD6E 59 of 231
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City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0 111156 KHANG NGUYEN DO 206109 250.0011/13/2023
0109771 LATHROP CONSTRUCTION ASSOCIATES, INC. 206103 4,552,961.0211/13/2023 0103799 LDVALI LLC 206136 360.0011/13/2023
0105822 LEE & RO, INC. 206138 100,922.4411/13/2023
0017570 LEHR AUTO ELECTRIC 206139 916.5611/13/2023
0018177 LOWE'S 206140 6,251.6611/13/2023
0109097 M-GROUP 206146 16,503.6611/13/2023
0110901 MAD SCIENCE OF THE BAY 206141 430.6411/13/2023 0090000 MARC CATALANO 206095 7,993.1611/13/2023
0109532 MATRIX HG, INC. 206143 467.0011/13/2023
0091438 MATT CAMPI 206094 9,683.7411/13/2023
0094949 MAYRA GOMES 206124 528.9511/13/2023
0016041 METROMOBILE COMMUNICATIONS 206145 8,975.4411/13/2023 0001709 MILLBRAE LOCK 206148 155.1211/13/2023
0110966 MOTOR SQUAD TRAINING INSTITUTE 206149 325.0011/13/2023 0110900 NATIONAL EMBLEM, INC. 206150 3,160.6211/13/2023 0110959 NATRON RESOURCES, INC. 206151 5,778.0011/13/2023 0000788 NEIL TELFORD 206184 7,258.9811/13/2023
0090001 NOREEN HANLON 206152 6,785.5611/13/2023
0111055 O'REILLY AUTO PARTS 206155 77.6611/13/2023
0097567 ONE HOUR DRY CLEANING 206154 403.3011/13/2023 0018701 ORKIN PEST CONTROL 206156 247.9811/13/2023
0000012 PACIFIC GAS & ELECTRIC 206157 79,507.3411/13/2023 0095210 PAVEMENT ENGINEERING INC. 206158 37,702.5011/13/2023 0109463 PENINSULA REGISTRATION SVCS 206159 3,987.0011/13/2023 0018130 PITNEY BOWES INC. 206160 31.9111/13/2023
0098436 PROFESSIONAL LAND SERVICES 206161 10,605.0011/13/2023 0110321 REED ANIMAL HOSPITAL 206162 118.4611/13/2023
0110332 RICHARDS,WATSON& GERSHON A PROFESSIONAL CORP. 206123 138,730.561 1/13/2023 0111154 RIGHT ON CONSTRUCTION 206163 2,000.0011/13/2023 0106293 ROBERT HALF 206164 5,196.8011/13/2023
0108539 ROSALIE L. STEINWAY 206180 166.5011/13/2023
0013581 ROVI GUIDES, INC. 206165 5,080.4011/13/2023
0018839 RYAN JOHANSEN 206166 259.0011/13/2023
0099047 SAN MATEO CTY SHERIFF'S OFFICE 206167 1,697.4411/13/2023 0018597 SAN MATEO DAILY JOURNAL 206168 690.0011/13/2023 0017145 SAN MATEO LAWN MOWER SHOP 206169 415.5911/13/2023 0110453 SCHOLARSHARE COLLEGE SAVINGS PLAN 206100 1,000.0011/13/2023 0110453 SCHOLARSHARE COLLEGE SAVINGS PLAN 206101 1,000.0011/13/2023 0017949 SCOTT MARSHALL 206142 5,076.7511/13/2023
0108537 SCOTT TONG 206189 60.5711/13/2023
0109773 SECURITY 101 206171 1,149.8411/13/2023
0018461 SERRAMONTE FORD, INC. 206172 362.3511/13/2023 0103732 SFO MEDICAL CLINIC 206174 1,781.0011/13/2023
0109953 SHRED CITY 206175 63.7211/13/2023
0105916 SMITH'S PEST MANAGEMENT 206178 779.2011/13/2023 0102909 SMITH-EMERY COMPANY 206177 490.0011/13/2023
0110326 SNG & ASSOCIATES, INC. 206179 4,190.0011/13/2023 0000102 SONITROL/PACIFIC WEST SECURITY, INC. 206197 257.0011/13/2023 0109626 SOUTHERN FIBERNET COMMUNICATIONS LLC 206115 24,598.2411/13/2023 0105796 SUNRISE FOOD DISTRIBUTOR INC. 206181 413.0011/13/2023 0095565 SWINERTON BUILDERS 206182 2,212.0011/13/2023
0108402 THE HOME DEPOT PRO 206186 2,196.9011/13/2023
0106243 THOMAS TANGATAEVAHA 206183 172.0911/13/2023
Page: 2
DocuSign Envelope ID: 0B9962D3-9DBD-4A4D-8D1C-1E036058CD6E 60 of 231
11/13/2023 10:52:24AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0017527 TIFCO INDUSTRIES INC. 206187 482.201
1/13/2023
0097449 TK ELEVATOR CORPORATION 206188 509.0011/13/2023 0106660 TRIDENT K9 CONSULTING INC. 206191 450.0011/13/2023 0017133 TURBO DATA SYSTEMS INC 206192 933.9411/13/2023 0105133 UTILITY TELECOM, INC. 206193 201.6911/13/2023 0095749 VERIZON WIRELESS 206195 8,825.7511/13/2023
0110533 WELLABLE LLC 206196 903.0011/13/2023
0105955 WEST COAST CODE CONSULTANTS, INC. 206099 48,889.7411/13/2023 0096893 WILSEY HAM 206198 10,389.0011/13/2023
0093430 WORLD BOOK INC 206199 440.5611/13/2023
0109476 WORLDPAC INC 206200 67.0911/13/2023
Total count: 118
GrandTotal: 6,306,597.80
Page: 3
DocuSign Envelope ID: 0B9962D3-9DBD-4A4D-8D1C-1E036058CD6E 61 of 231

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: November 20, 2023

TO: Honorable Mayor and Members of the City Council

FROM: Alex D. McIntyre, City Manager

PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative

SUBJECT: Accounts Payable Warrant Register

This is to certify that the claims listed on pages 1 to 3 inclusive, and/or claims numbered from 206201 through 206312 inclusive, totaling $464,180.06 have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $163,324.44
121 Federal/State Grants $8,913.75
132 Agency On Aging $650.00
137 Developer Project Contributions $4,557.50
203 Street Improvement Projects $13,739.71
207 Technology Capital $29,104.44
611 Water Fund $89,325.25
621 Stormwater Fund $204.12
631 Wastewater Fund $36,618.66
641 CityNet Services Fund $69,589.79
701 Central Garage $3,216.12
703 General Equipment Revolving $7,170.94
707 Technology Development $37,765.34
TOTAL FOR APPROVAL $464,180.06

Respectfully submitted,

_________________________
Chief Financial Officer Date
DocuSign Envelope ID: 76B47AE5-0495-498F-A559-7CE282AC4112 11/22/2023
62 of 231
11/20/2023 11:07:53AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0000858 ADECCO EMPLOYMEN
T SERVICES 206201 1,027.8411/20/2023
0111164 AL STEENVOORDE 206290 34.1911/20/2023
0110783 ALEX MCINTYRE 206257 1,768.1511/20/2023
0111157 ANTHONY ARYA 206204 2,000.0011/20/2023
0111157 ANTHONY ARYA 206205 1,750.0011/20/2023
0016123 AT&T 206206 686.1611/20/2023
0108381 B METAL FABRICATION, INC. 206207 686.7211/20/2023 0110971 BALFOUR BEATTY INC. 206208 920.4911/20/2023
0017431 BAY AREA AIR QUALITY MANAGEMENT DISTRICT 206277 542.0011/20/2023 0001849 BAY AREA WATER SUPPLY & CONSERVATION AGENCY 206294 3,897.7511/20/2023 0110745 BETTERHELP, INC. 206209 510.0011/20/2023
0110788 BLAISDELL'S BUSINESS PRODUCTS 206210 474.5711/20/2023 0018532 BROADCAST MUSIC INC. (BMI) 206212 378.9011/20/2023 0000378 BROADMOOR LANDSCAPE SUPPLY 206213 36.2311/20/2023 0110815 CALIFORNIA BROADBAND&VIDEO ASSOCIATION 206211 1,267.4211/20/2023 0102989 CALIFORNIA DIESEL & POWER 206214 10,453.6011/20/2023 0106437 CALIX, INC. 206215 146.0811/20/2023
0110323 CAPF 206216 914.5011/20/2023
0109364 CARAHSOFT TECHNOLOGY CORP. 206217 15,494.8011/20/2023 0111172 CEEMAMA LLC DBA SUNSET GARAGE 206218 19.6611/20/2023 0016324 CINTAS CORPORATION #464 206221 150.0111/20/2023 0000227 CITY OF SAN BRUNO 206222 265.2511/20/2023
0109998 CONSOR PMCM, INC. 206223 5,561.3911/20/2023
0109788 CORE & MAIN LP 206224 6,976.5711/20/2023
0015857 COUNTY OF SAN MATEO 206225 44,340.0011/20/2023 0015857 COUNTY OF SAN MATEO 206226 164.5111/20/2023
0105811 CSAC EXCESS INSURANCE AUTHORITY 206235 14,026.5011/20/2023 0097934 CWEA-TCP 206228 202.0011/20/2023
0111167 CYNTHIA SOWA 206288 19.8711/20/2023
0109577 DIRECTWORX 206231 2,446.2811/20/2023
0110948 DKG CONSULTANTS, LLC 206232 700.0011/20/2023
0111161 DLC CONSTRUCTION&PAINTING 206233 1,600.0011/20/2023 0110850 DOANE AND HARTWIG WATER SYSTEM, INC 206203 4,144.4011/20/2023 0110433 ECS IMAGING INC. 206234 12,460.0011/20/2023
0109910 EVENCIO CRUZ 206227 226.1411/20/2023
0013683 F. FERRANDO & CO. 206236 22,052.0011/20/2023
0000944 FEDEX 206238 141.6511/20/2023
0109510 FIRST ALARM 206239 551.3911/20/2023
0018117 FLYERS ENERGY, LLC 206240 20,335.0111/20/2023 0017720 FOX TELEVISION STATIONS, INC. 206241 10,673.6611/20/2023 0111140 FRANK CHEUNG 206220 6,556.3111/20/2023
0109776 FRESH LINE PRODUCE 206242 178.0011/20/2023
0000162 GRAINGER 206243 737.7311/20/2023
0095966 GREAT AMERICA FINANCIAL SVC. 206244 432.1111/20/2023 0017900 GREAT LAKES DATA SYSTEMS INC 206245 2,300.0011/20/2023 0111170 HARRY JOHNSON 206249 88.7111/20/2023
0110056 HH ASSOCIATES US, INC. 206247 6,707.8711/20/2023 0018838 INFOSEND, INC. 206248 5,114.1211/20/2023
0111168 JEFFREY NAKAI 206262 20.1811/20/2023
0111110 JENNIFER DARWIN 206229 339.0111/20/2023
0111169 JOSEF UTLEG 206304 28.5211/20/2023
0018050 KAISER FOUNDATION HEALTH PLAN 206250 4,911.6111/20/2023 0111165 KEN HASHIMOTO 206246 83.0711/20/2023
Page: 1
DocuSign Envelope ID: 76B47AE5-0495-498F-A559-7CE282AC4112 63 of 231
11/20/2023 11:07:53AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0107201 KERMANI CONSU
LTING GROUP(KCG) 206251 8,913.7511/20/2023
0106821 LAUREN CHANG 206219 94.9111/20/2023
0018777 LEXISNEXIS RISK DATA MANAGEMENT 206280 559.5511/20/2023 0110309 LOOKINGPOINT, INC. 206254 9,139.2511/20/2023
0017924 LORAL LANDSCAPING INC. 206255 2,100.0011/20/2023 0111173 MACKENZIE SAQQAR 206284 14.7911/20/2023
0111171 MARIA VALLANCIO-WOLTER 206305 29.1911/20/2023 0111166 MARILYN J. ANCHICK 206202 45.1411/20/2023
0110443 MILLBRAE COMMUNITY TELEVISION 206258 3,328.3211/20/2023 0001709 MILLBRAE LOCK 206259 360.0011/20/2023
0103600 MOMENTUM TELECOM, INC. 206260 7,862.1611/20/2023 0098639 MUNICIPAL RESOURCE GROUP, LLC 206261 200.0011/20/2023 0000357 NATIONAL CABLE TV CO-OP, INC. 206263 76.0211/20/2023 0103301 NHL NETWORK US, LP 206264 888.2811/20/2023
0110243 ODP BUSINESS SOLUTIONS, LLC 206265 666.3911/20/2023 0097567 ONE HOUR DRY CLEANING 206266 1,588.8011/20/2023 0111093 OPENGOV, INC. 206267 7,875.0011/20/2023
0104998 OWEN EQUIPMENT COMPANY 206268 3,136.6811/20/2023 0000012 PACIFIC GAS & ELECTRIC 206269 3,828.1611/20/2023 0000012 PACIFIC GAS & ELECTRIC 206270 838.6511/20/2023 0095210 PAVEMENT ENGINEERING INC. 206271 2,340.0011/20/2023 0109463 PENINSULA REGISTRATION SVCS 206272 7,142.0011/20/2023 0015163 PENINSULA SPORTS OFFICIALS ASSOC.INC. 206289 227.0011/20/2023 0000285 PREFERRED ALLIANCE, INC. 206273 703.0011/20/2023 0098436 PROFESSIONAL LAND SERVICES 206274 1,425.0011/20/2023 0097558 PURCHASE POWER 206276 214.2111/20/2023
0000175 RECOLOGY SAN BRUNO 206278 584.1711/20/2023
0110081 RICKY FALASCO 206237 32.5911/20/2023
0106293 ROBERT HALF 206281 9,354.2411/20/2023
0111176 RYAN DAVIS 206230 380.7411/20/2023
0017432 SAN MATEO COUNTY PUBLIC SAFETY COMMUNICATIONS 206275 2,355.751 1/20/2023 0013918 SAN MATEO COUNTY TAX COLLECTOR 206282 2,430.0211/20/2023 0099047 SAN MATEO CTY SHERIFF'S OFFICE 206283 4,233.0011/20/2023 0102917 SFPUC FINANCIAL SERVICES 206285 25.0011/20/2023 0097626 SHARP ELECTRONICS CORP. 206286 1,097.6311/20/2023 0017508 SOUTH CITY LUMBER AND SUPPLY 206287 85.7011/20/2023 0105711 STEPFORD 206291 29,104.4411/20/2023
0017857 STERICYCLE, INC. 206292 165.9211/20/2023
0105796 SUNRISE FOOD DISTRIBUTOR INC. 206293 472.0011/20/2023 0096932 TASC 206295 470.3011/20/2023
0018073 TEAMSTERS LOCAL 350 206296 3,150.0011/20/2023 0015691 TEAMSTERS LOCAL 856 206297 13,181.0011/20/2023 0000241 THE ADAM-HILL COMPANY 206298 854.6611/20/2023 0103559 THE MLB NETWORK, LLC 206299 1,968.2111/20/2023 0018898 TJKM TRANSPORTATION CONSULTANT 206300 3,295.0011/20/2023 0105869 TREVOR LAVEZZO 206252 82.0611/20/2023
0017133 TURBO DATA SYSTEMS INC 206301 3,181.0011/20/2023 0001362 TV GUIDE MAGAZINE, LLC 206302 364.2111/20/2023 0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 206279 249.3911/20/2023 0102744 UNIVERSAL BUILDING SERVICES 206303 1,700.0011/20/2023 0104233 WAVE 206306 17,950.0011/20/2023
0096767 WEST COAST ARBORISTS, INC. 206307 18,200.0011/20/2023 0104660 WEST YOST ASSOCIATES, INC. 206308 17,595.0011/20/2023 0000612 WESTVALLEY CONSTRUCTION CO.INC 206309 30,643.7311/20/2023 Page: 2
DocuSign Envelope ID: 76B47AE5-0495-498F-A559-7CE282AC4112 64 of 231
11/20/2023 11:07:53AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0016982 W
RT INTERNATIONAL LLC 206310 1,937.7911/20/2023
0111162 YAHYAH MAYAR 206256 2,500.0011/20/2023
0111174 YANGYUTONG LONG 206253 15.7011/20/2023
0110037 ZAYO GROUP, LLC 206311 2,169.9211/20/2023
0104033 ZCORUM, INC. 206312 13,211.7111/20/2023
Total count: 112
GrandTotal: 464,180.06
Page: 3
DocuSign Envelope ID: 76B47AE5-0495-498F-A559-7CE282AC4112 65 of 231

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: November 28, 2023

TO: Honorable Mayor and Members of the City Council

FROM: Alex D. McIntyre, City Manager

PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative

SUBJECT: Accounts Payable Warrant Register

This is to certify that the claims listed on pages 1 to 2 inclusive, and/or claims numbered from 206313 through 206382 inclusive, totaling $179,003.58 have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $66,619.22
121 Federal/State Grants $15,992.75
132 Agency On Aging $132.75
133 Restricted Revenues $1,855.32
137 Developer Project Contributions $23,164.29
201 Parks and Facilities Capital $754.35
203 Street Improvement Projects $8,169.99
611 Water Fund $34,339.81
621 Stormwater Fund $332.18
631 Wastewater Fund $18,842.98
701 Central Garage $3,591.17
702 Facility Maintenance Fund $555.00
707 Technology Development $4,653.77
TOTAL FOR APPROVAL $179,003.58

Respectfully submitted,

_________________________
Chief Financial Officer Date
DocuSign Envelope ID: 92A56928-E0BA-4903-9791-18E01B7AC9EA 11/30/2023
66 of 231
11/28/2023 9:46:50AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0 110697 AMAZON CAPITAL SERVICES 206313 671.2811/28/2023 0109190 AMERICAN PORTABLES 206314 445.2211/28/2023
0109778 ASSOCIATED RIGHT OF WAY SERVICES, INC. 206362 1,046.2511/28/2023 0015110 AT&T MOBILITY 206315 200.3411/28/2023
0018465 AT&T MOBILITY 206316 145.8811/28/2023
0105649 ATLAS PLUMBING AND ROOTER,INC. 206317 5,000.0011/28/2023 0000345 BAKER & TAYLOR BOOKS 206318 2,772.6911/28/2023 0017678 BAUER COMPRESSORS INC. 206319 1,143.8311/28/2023 0105553 BELLECCI & ASSOCIATES, INC. 206320 9,367.0011/28/2023 0109975 BIG BELLY SOLAR, LLC 206321 865.1811/28/2023
0111163 BRENDAN UNIACKE 206375 1,500.0011/28/2023
0110253 CENTER POINT LARGE PRINT 206322 30.7111/28/2023 0016324 CINTAS CORPORATION #464 206323 161.0311/28/2023 0109998 CONSOR PMCM, INC. 206326 6,030.1011/28/2023
0111120 COZ GIANNOULIS 206337 1,000.0011/28/2023
0018331 CSG CONSULTANTS INC. 206328 13,370.0011/28/2023 0018123 DEVELOPMENT DIMENSIONS INTERNATIONAL, INC. 206329 1,430.0011/28/2023 0101178 DISCOUNT PLUMBING 206330 6,205.6611/28/2023
0108748 DISCOVER PLUMBING & ROOTER 206331 2,000.0011/28/2023 0018799 ECONOMIC&PLANNING SYSTEMS INC. 206332 942.5011/28/2023 0109510 FIRST ALARM 206335 150.0011/28/2023
0104135 GLOBAL TRACKING COMMUNICATIONS, INC. 206374 27.9811/28/2023 0108425 GOOD CITY COMPANY 206338 1,625.0011/28/2023
0000162 GRAINGER 206339 821.2611/28/2023
0105687 GRAPHICS ON THE EDGE 206340 661.4511/28/2023
0095966 GREAT AMERICA FINANCIAL SVC. 206341 1,944.5811/28/2023 0111177 JOYCE FENG 206334 528.9511/28/2023
0107368 KME FIRE APPARATUS 206342 60.4511/28/2023
0110252 KRISELLE ZEVADA 206382 550.0011/28/2023
0111183 MC PLUMBING 206344 3,000.0011/28/2023
0092285 MICROMARKETING LLC 206345 1,032.9011/28/2023 0016863 MIDWEST TAPE, LLC 206346 87.4811/28/2023
0111182 MYLES CONCRETE 206325 3,000.0011/28/2023
0110900 NATIONAL EMBLEM, INC. 206347 6,424.8711/28/2023 0110900 NATIONAL EMBLEM, INC. 206348 809.9111/28/2023 0096380 NORTH COUNTY RECREATION LEAGUE(NCRL) 206361 500.0011/28/2023 0110243 ODP BUSINESS SOLUTIONS, LLC 206349 930.4911/28/2023 0097567 ONE HOUR DRY CLEANING 206350 714.7011/28/2023 0000012 PACIFIC GAS & ELECTRIC 206351 778.6011/28/2023 0000101 PACIFIC NURSERIES 206352 255.1211/28/2023
0106110 PACIFIC OFFICE AUTOMATION 206353 1,528.0311/28/2023 0106829 PACIFIC OFFICE AUTOMATION INC. 206354 283.4811/28/2023 0001154 PENINSULA LIBRARY SYSTEM 206356 69.6911/28/2023 0098436 PROFESSIONAL LAND SERVICES 206357 9,160.0011/28/2023 0110569 PROMO PLUMBING 206358 4,000.0011/28/2023
0018598 QUALITY CODE PUBLISHING LLC 206360 964.0011/28/2023 0110332 RICHARDS,WATSON& GERSHON A PROFESSIONAL CORP. 206336 3,953.701 1/28/2023 0109609 RIMPLE PAUL 206355 888.6711/28/2023
0017432 SAN MATEO COUNTY PUBLIC SAFETY COMMUNICATIONS 206359 171.001 1/28/2023 0018597 SAN MATEO DAILY JOURNAL 206363 866.0011/28/2023 0017145 SAN MATEO LAWN MOWER SHOP 206364 587.4911/28/2023 0109773 SECURITY 101 206365 372.3611/28/2023
0018461 SERRAMONTE FORD, INC. 206366 1,430.1111/28/2023 Page: 1
DocuSign Envelope ID: 92A56928-E0BA-4903-9791-18E01B7AC9EA 67 of 231
11/28/2023 9:46:50AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0097626 SHAR
P ELECTRONICS CORP. 206367 324.9811/28/2023
0104726 SHARPS SOLUTIONS, LLC 206368 332.0011/28/2023 0105745 SMELLY MEL'S PLUMBING 206369 1,800.0011/28/2023 0105796 SUNRISE FOOD DISTRIBUTOR INC. 206370 132.7511/28/2023 0095565 SWINERTON BUILDERS 206371 7,108.0011/28/2023
0015671 TECHNOLOGY, ENGINEERING & CONSTRUCTION, INC. 206327 5,850.0011/28/2023 0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 206333 496.0011/28/2023 0000241 THE ADAM-HILL COMPANY 206372 462.4311/28/2023 0108402 THE HOME DEPOT PRO 206373 787.2511/28/2023
0018618 UNITED SITE SERVICES INC. 206376 325.9311/28/2023 0111160 VANESSA YOUNG 206381 1,000.0011/28/2023
0096767 WEST COAST ARBORISTS, INC. 206377 3,650.0011/28/2023 0105955 WEST COAST CODE CONSULTANTS, INC. 206324 6,596.7511/28/2023 0104660 WEST YOST ASSOCIATES, INC. 206378 30,376.9311/28/2023 0110277 WILMA LEE 206343 75.8111/28/2023
0096893 WILSEY HAM 206379 15,992.7511/28/2023
0109476 WORLDPAC INC 206380 1,186.0611/28/2023
Total count: 70
GrandTotal: 179,003.58
Page: 2
DocuSign Envelope ID: 92A56928-E0BA-4903-9791-18E01B7AC9EA 68 of 231

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 4, 2023

TO: Honorable Mayor and Members of the City Council

FROM: Alex D. McIntyre, City Manager

PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative

SUBJECT: Accounts Payable Warrant Register

This is to certify that the claims listed on pages 1 to 2 inclusive, and/or claims numbered from 206383 through 206480 inclusive, totaling $4,684,807.77 have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $280,137.33
111 Police Asset Forfeiture $125.00
121 Federal/State Grants $2,876.20
122 Solid Waste/Recycle $11,631.95
132 Agency On Aging $63,157.43
133 Restricted Revenues $975.00
137 Developer Project Contributions $90,882.84
201 Parks and Facilities Capital $1,923,087.91
203 Street Improvement Projects $861,092.44
611 Water Fund $51,134.96
621 Stormwater Fund $9,856.68
631 Wastewater Fund $1,256,152.39
641 CityNet Services Fund $27.10
651 Parking Fund $925.00
701 Central Garage $10,095.87
702 Facility Maintenance Fund $6,188.84
703 General Equipment Revolving $13,454.34
707 Technology Development $98,894.49
711 Self-Insurance $4,112.00
TOTAL FOR APPROVAL $4,684,807.77

Respectfully submitted,

_________________________
Chief Financial Officer Date
DocuSign Envelope ID: D9A12621-FA8C-4A8B-8D70-5136AE2F0DC9 12/5/2023
69 of 231
12/4/2023 3:56:34PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0106435 ACTION
TOWING & ROAD SVC. INC. 206383 573.3812/4/2023
0000858 ADECCO EMPLOYMENT SERVICES 206384 2,988.7812/4/2023 0018953 ALLIANT INSURANCE SVC. INC. 206385 329.0012/4/2023 0110697 AMAZON CAPITAL SERVICES 206386 53.0612/4/2023 0095090 AMERICAN ASPHALT INC. 206387 809,321.5712/4/2023 0109246 AQUA METRIC SALES, CO. 206388 12,281.7912/4/2023 0016123 AT&T 206389 240.9712/4/2023
0017191 AT&T 206390 339.8612/4/2023
0110334 BADAWI & ASSOCIATES 206391 20,837.2512/4/2023 0000345 BAKER & TAYLOR BOOKS 206392 453.9712/4/2023
0110882 BALANCE FITNESS, INC. 206393 2,219.9612/4/2023 0102626 BARBARA BRUXVOORT 206396 975.0012/4/2023
0110279 BOUCHER LAW, PC 206394 76.5012/4/2023
0000098 BRODART CO. 206395 73.2212/4/2023
0108665 BUBBA'S FIRE EXTINGUISHER CO. 206397 2,510.2512/4/2023 0102737 BURKE, WILLIAMS & SORENSEN,LLP 206398 426.4012/4/2023 0107369 CALIFORNIA BANK OF COMMERCE 206400 101,009.7012/4/2023 0105134 CALIFORNIA CONSERVATION CORPS 206401 55,348.0012/4/2023 0109223 CAN DO FLOORING LLC 206402 1,958.0012/4/2023
0110323 CAPF 206403 914.5012/4/2023
0017843 CENTRAL COUNTY FIRE DEPT. 206404 33,582.0012/4/2023 0017284 CHEMSEARCHFE 206405 439.5012/4/2023
0016324 CINTAS CORPORATION #464 206406 883.3612/4/2023 0110831 CITY NATIONAL BANK 206407 91,150.9212/4/2023
0098588 CITY OF BURLINGAME 206408 3,280.5012/4/2023
0000386 CITY OF SOUTH SAN FRANCISCO 206409 1,212,432.5412/4/2023 0109788 CORE & MAIN LP 206412 7,373.0112/4/2023
0110800 CORPORATE CUISINE DBA CREEKSIDE GRILL 206420 63,157.4312/4/2023 0000911 COTTON, SHIRES & ASSOCIATES 206413 2,876.2012/4/2023 0015857 COUNTY OF SAN MATEO 206414 82.2512/4/2023
0106125 COURTESY TOW 206415 75.0012/4/2023
0018691 CPCA 206416 125.0012/4/2023
0109799 CRAYON SOFTWARE EXPERTS LLC 206417 94,318.6812/4/2023 0105811 CSAC EXCESS INSURANCE AUTHORITY 206427 13,888.2012/4/2023 0018331 CSG CONSULTANTS INC. 206418 26,839.3212/4/2023 0018188 DAU PRODUCTS 206419 3,349.2112/4/2023
0093479 DEPARTMENT OF JUSTICE 206421 1,176.0012/4/2023 0101178 DISCOUNT PLUMBING 206422 23,000.0012/4/2023
0105820 EAST BAY TIRE CO 206423 6,624.1312/4/2023
0000198 EBSCO SUBSCRIPTION SVCS. 206424 7,741.0912/4/2023 0106036 EDGAR HERNANDEZ 206440 107.1112/4/2023
0017300 ENVIRONMENTAL HEALTH FEE 206426 369.0012/4/2023 0111178 ERICK CABILES 206399 1,218.0012/4/2023
0102627 FASTRK VIOLATION PROCESSING DEPT. 206476 22.7512/4/2023 0000944 FEDEX 206428 234.6012/4/2023
0109510 FIRST ALARM 206429 364.6512/4/2023
0001782 FLOWERS ELECTRIC & SVC.CO.INC. 206430 811.4712/4/2023 0018117 FLYERS ENERGY, LLC 206431 15,174.6812/4/2023
0018272 GALE/CENGAGE LEARNING 206432 69.4212/4/2023
0018807 GALLS, LLC 206433 3,521.3412/4/2023
0108425 GOOD CITY COMPANY 206435 57,190.0212/4/2023
0000162 GRAINGER 206436 592.0612/4/2023
0110361 GREEN MACHINES INC. 206437 749.2112/4/2023
Page: 1
DocuSign Envelope ID: D9A12621-FA8C-4A8B-8D70-5136AE2F0DC9 70 of 231
12/4/2023 3:56:34PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0108302 GRIFFIN STRUCTURES, INC. 206438 39,632.0012/4/2023 0096837 GYM DOC
TORS 206439 179.0012/4/2023
0109502 HAULAWAY STORAGE CONTAINERS, INC. 206472 255.3612/4/2023 0110056 HH ASSOCIATES US, INC. 206441 553.7712/4/2023 0015531 INTERSTATE BATTERY SYS. OF SF 206442 166.5312/4/2023 0108718 J. SNELL & CO., INC. 206443 39.2712/4/2023
0104784 JD CESARE CONSTRUCTION 206444 2,000.0012/4/2023 0018050 KAISER FOUNDATION HEALTH PLAN 206446 4,911.6112/4/2023 0109870 KIMBALL MIDWEST 206447 328.9612/4/2023
0109771 LATHROP CONSTRUCTION ASSOCIATES, INC. 206410 1,731,867.5312/4/2023 0110309 LOOKINGPOINT, INC. 206448 4,575.8112/4/2023
0016041 METROMOBILE COMMUNICATIONS 206449 5,138.9012/4/2023 0092285 MICROMARKETING LLC 206450 114.1312/4/2023
0016863 MIDWEST TAPE, LLC 206451 36.0812/4/2023
0001709 MILLBRAE LOCK 206452 706.7812/4/2023
0098639 MUNICIPAL RESOURCE GROUP, LLC 206453 1,050.0012/4/2023 0111055 O'REILLY AUTO PARTS 206456 344.3212/4/2023
0110243 ODP BUSINESS SOLUTIONS, LLC 206454 416.4412/4/2023 0097567 ONE HOUR DRY CLEANING 206455 841.9512/4/2023
0104416 OVERDRIVE, INC. 206457 2,222.8112/4/2023
0000012 PACIFIC GAS & ELECTRIC 206458 14,926.0012/4/2023 0109463 PENINSULA REGISTRATION SVCS 206459 9,933.0012/4/2023 0106229 PET FOOD EXPRESS 206460 97.7812/4/2023
0018130 PITNEY BOWES INC. 206461 100.3012/4/2023
0109760 PRISM 206462 4,112.0012/4/2023
0013981 QUILL CORPORATION 206463 69.8512/4/2023
0000175 RECOLOGY SAN BRUNO 206464 1,335.5412/4/2023
0110332 RICHARDS,WATSON& GERSHON A PROFESSIONAL CORP. 206434 86,357.6912/4/2023 0106293 ROBE
RT HALF 206466 8,314.8812/4/2023
0111148 ROGELIO SILES-CHAVEZ 206471 27.1012/4/2023
0110499 SAN MATEO RESOURCE CONSERVATION DISTRICT 206465 11,631.9512/4/2023 0111189 SARAH JOLLEY 206445 140.1712/4/2023
0106068 SCOTT'S PPE RECON, INC. 206467 5,679.4912/4/2023 0018962 SHOE DEPOT INC. 206468 200.0012/4/2023
0109953 SHRED CITY 206469 63.7212/4/2023
0018214 SIGILLO SUPPLY INC. 206470 2,589.0912/4/2023
0018073 TEAMSTERS LOCAL 350 206473 3,010.0012/4/2023
0015671 TECHNOLOGY, ENGINEERING & CONSTRUCTION, INC. 206411 1,950.0012/4/2023 0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 206425 3,599.1712/4/2023 0000241 THE ADAM-HILL COMPANY 206474 289.0912/4/2023
0110331 THE ARTWORKS UNLIMITED LLC 206475 990.0012/4/2023 0000612 WESTVALLEY CONSTRUCTION CO.INC 206477 32,292.3712/4/2023 0013841 WITMER-TYSON IMPORTS INC 206478 120.0012/4/2023 0108261 WOODARD & CURRAN 206479 6,110.0012/4/2023
0109122 ZERO TURN POWER WASHING 206480 9,737.5212/4/2023 Total count: 98
GrandTotal: 4,684,807.77
Page: 2
DocuSign Envelope ID: D9A12621-FA8C-4A8B-8D70-5136AE2F0DC9 71 of 231
Item 7c
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DocuSign Envelope ID: 73AD54AD-FAFE-46C0-B63C-56667731DA6A City Council Agenda Item
Staﬀ Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
Nick Pegueros, Chief Financial OﬀicerFROM:

PREPARED BY:

SUBJECT:

Esther Garibay, Financial Services Manager
Monthly Investment Report- October 2023
The table below summarizes the investment portfolio's total book value by Investment type.

Investment Type Total Book Value
$11,469,868
22,717,871
44,838,332
36,596,693
94,312,342
27,328,667
500,000
TriCounties Bank
Wells Fargo Bank /Sweep Money Market
Local Agency Investment Fund
San Mateo County Pool
Government Agency Investments
Municipal Bonds
Certificate of Deposit
Money Market Investments
Total Investments
5,912,071
$243,675,845
All securities held by the City of San Bruno as of October 2023 are in compliance with the City's Investment Policy adopted on September 12, 2023. ꢀ DocuSigned by:

Respectfully submitted,
11/16/2023�� 6S
F
Chief Financial Oﬀicer Date
Item 7d
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Lupita Huerta, City Clerk
SUBJECT: Approve the 2024 City Council Meeting Calendar and Direct Staff to Cancel the Regular City Council Meeting of August 13, 2024 BACKGROUND:

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

For the past fourteen years, as a practice, the City Council has canceled the first meeting in August for summer recess. Following the tradition of the past fourteen years, it is recommended that the City Council direct staff to cancel the first regular meeting in August, which is August 13, 2024.

FISCAL IMPACT:

There is no fiscal impact.

ENVIRONMENTAL IMPACT:

There is no environment impact.

RECOMMENDATION:

Approve the 2024 City Council Meeting Calendar and Direct Staff to Cancel the Regular City Council Meeting of August 13, 2024.

Item 7e
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December 12, 2023

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ALTERNATIVES:

1. Do not approve the 2024 City Council Meeting Calendar.

2. Do not cancel the August 13, 2024 City Council meeting.

ATTACHMENTS:

1. 2024 City Council Meeting Calendar
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2024 Public
Meeting Calendar
JANUARY FEBRUARY MARCH Regular City Council
S M T W T F S S M T W T F S S M T W T F S Meetings
1 2 3 4 5 6 1 2 3 1 2 City Council Meeting
7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 Cancellation Date 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30
31 Recogni
zed City Holidays
Jan 1 New Year’s Day
APRIL MAY JUNE Jan 15 Martin Luther King Day
S M T W T F S S M T W T F S S M T W T F S Feb 19 Presidents Day 1 2 3 4 5 6 1 2 3 4 1 May 27 Memorial Day
7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 Jul 4 Independence Day 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 Sept 2 Labor Day 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 Nov 11 Veterans Day 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 Nov 28 Thanksgiving Day 30 Nov 29 Day After Thanksgiving
Dec 24 Christmas Eve
JULY AUGUST SEPTEMBER Dec 25 Christmas Day

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

OCTOBER NOVEMBER DECEMBER

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

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matthew Lee, P.E., Public Works Director
SUBJECT: Consider Adoption of a Resolution Authorizing Purchase of a Replacement Water Facility Generator from Cummins Sales and Service in the Amount of $147,669, and Appropriating $147,669 from the Water Fund
BACKGROUND:

The Public Works Department, in collaboration with the City’s contracted generator maintenance service provider, CD & Power of Sacramento, California, has determined that the existing emergency standby generator unit, which provides backup power to the Lake Drive Water Pump Station 2 and Water Tanks 6 and 6A, has failed. The unit provides backup power to operate the pumps that fill Sweeney Ridge Water Tank 7, supplying water to Zone 12 in case of power failure. The generator has failed, and the repair parts are obsolete and cannot be sourced at a reasonable cost.

The non-working generator has been removed from the Lake Drive location, and the facilities are operating with a rented temporary generator.

DISCUSSION:

Recently, the Water Division was alerted to an error message on the generator control panel. As a result, CD & Power was called in to diagnose that said alerts. It was discovered that sensors needed to be replaced, the generator needs to be rewired and the housing is rusted through allowing water to get into the unit. In 2019, $30,883 in repairs were made to extend the life of the generator. However, after the recent assessment, it was determined the cost to repair the generator was not prudent as the unit was severely corroded, had already exceeded its useful life cycle, and any repair cost outweighed the benefit.

The average life cycle for an emergency standby generator is 10-15 years. The current emergency standby generator located at Lake Drive south of Lassen Drive is 24 years old and has well exceed its intended life cycle. Currently, the Water Division is renting an emergency standby generator for $5,827 a month to fulfill its standby power needs.

The Water Division has deemed the repairs impractical, as replacement components are obsolete. Initially, staff asked for a quote from CD Power, which came in at approximately $170,000, including tax and shipping. City staff then looked into other vendors for price comparisons. Through San Bruno’s membership with Sourcewell, a Cooperative Purchasing Item 7f
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Program available to government agencies, Public Works staff reviewed three proposals from participating Sourcewell vendors for one 200kW trailer-mounted diesel generator. The lowest and proposal was from Cummins Sales and Service of San Leandro, California, with a price of $147,669, including tax, delivery, and a 2-year warranty. Procurement through Sourcewell satisfies the San Bruno’s competitive procurement, obligations, ensuring San Bruno and its customers receive the required goods and services at best available prices. The estimated lead time for delivery of the generator from the factory to Cummins Sales and Service is 29 weeks.

Another factor staff considered is federal diesel emission requirements. The U.S. government produced a set of regulations and guidelines to strategically reduce harmful emissions and release of pollutants into the atmosphere to improve the overall air quality. These regulations put a limit on exhaust emissions for non-road diesel engines, which regulates the generators San Bruno relies on for emergency standby power. Our current standby emergency generator is a Tier 1, all portable or mobile generators are required to adhere to U.S. Environmental Protection Agency (EPA) Tier 4 regulations. Replacing the non-complaint generator will meet the EPA standards.

FISCAL IMPACT:

Total cost of the equipment is $147,669, which includes sales tax and delivery. Replacement of this generator was not anticipated or included in the FY 2023-24 budget. An appropriation of $147,669 from a Water Enterprise Fund is requested for this purchase. There is a sufficient Water Enterprise Fund balance for this appropriation.

ENVIRONMENTAL IMPACT:

The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per Title 14 California Code of Regulations (CCR) §15378(b)(5) and would not result in a direct or reasonably foreseeable indirect physical change in the environment (per Title 14 CCR § 15060(c)(2)). Therefore, no further environmental analysis is required.

RECOMMENDATION:

Adopt Resolution authorizing purchase of replacement water facility generator from Cummins Sales and Service in the amount of $147,669, and appropriating $147,669 from the Water Fund.

ALTERNATIVES:

1. Do not authorize and defer purchase of this generator to a later time, and direct staff to continue renting a temporary generator.

ATTACHMENTS:

1. Resolution
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1 1
4 6
6 RESOLUTION NO. 2023- ___

ADOPTING RESOLUTION AUTHORIZING PURCHASE OF A

REPLACEMENT WATER FACILITY GENERATOR FROM
CUMMINS SALES AND SERVICE IN THE AMOUNT OF $147,669, AND APPROPRIATING $147,669 FROM THE WATER FUND
WHEREAS, the City of San Bruno Water Division utilizes emergency standby generators that provide backup power to the City’s water wells, tanks, and pump stations; and
WHEREAS, the emergency standby generator that supplies backup power to the Lake Drive Water Pump Station 2 and Water Tanks 6 and 6A, has failed, is no longer in service, and at 24 years old has well exceeded its intended lifecyle, with repair parts that cannot be sourced at a reasonable cost; and
WHEREAS, staff recommends replacing the emergency standby generator with a new unit; and
WHEREAS, using the national purchasing cooperative of Sourcewell, in compliance with the State Contract Code and the City’s purchasing regulations based on availability, price, and ability to provide all specifications, staff recommends Cummins Sales and Service, of San Leandro, California, to purchase one trailer-mounted diesel generator.

WHEREAS, the total cost to purchase the equipment is $147,669, which includes all costs for the equipment, sales tax, and delivery; and
WHEREAS, replacement of this generator was not anticipated or included in the FY 2023-24 budget, therefore an appropriation of $147,669 is requested from available Water Enterprise Funds for the equipment purchase.

NOW, THEREFORE, BE IT RESOLVED: that the San Bruno City Council hereby authorizes purchase of a replacement water facility generator from Cummins Sales and Service in the amount of $147,669, and appropriating $147,669 from the Water Fund.

ATTACHMENT 1
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2 1
4 6
6 ---oOo---
I, the undersigned, hereby certify that the foregoing Resolution No. 2023 - ______ was introduced and duly adopted by the San Bruno City Council at a regular meeting on December 12, 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lupita Huerta
City Clerk
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matthew Lee, P.E., Public Works Director
Dalia Manaois, P.E., Principal Civil Engineer
SUBJECT: Consider Adoption of a Resolution:
• Accepting the Streetlight Pole Replacement Project as Complete; • Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office; and
• Authorizing Release of the Construction Contract Retention in the Amount of $18,711
BACKGROUND:

In 2016, the City completed a condition assessment and audit of all the City’s 2,100 streetlights. The assessment identified 680 poles as structurally deficient and recommended them to be replaced. The City’s older concrete poles have cracks the length of the pole and most of the steel and cast iron poles are rusted due to prolonged exposure to the environment. Both pole types are heavier than average, and their weight creates potential hazards if they are structurally compromised. Concrete poles have an expected lifespan of 50 years, and the majority of City’s concrete poles are nearly 70 years old. Steel poles have an expected lifespan of 15-30 years and cast iron can vary from 30-80 years. Some of the oldest poles are 80-100 years old and are located near City Hall and downtown near the San Mateo Avenue Business District. The City’s current standard pole material is made of aluminum which has an expected 50-plus year lifespan, is more light-weight, rust resistant, and holds up better in the environment.

A multi-year work plan to replace the City’s deficient poles began with the FY2017-18 Streets Capital Improvement Program (“CIP”). To develop a replacement schedule, staff prioritized replacing the most deteriorated poles first, and where possible, grouped locations geographically and by pole type to minimize construction costs.

DISCUSSION:

On June 22, 2021, the City Council approved a construction contract for the Streetlight Pole Replacement Project (“Project”) with Nema Construction in the amount of $327,100 with a construction contingency of $49,065.

Nema Construction began the project in May 2022 due to the extended lead time to procure the streetlight poles and unforeseen weather conditions. In June 2023, Nema Construction completed the construction of the Project. Work included the removal and disposal of thirty-one Item 7g
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December 12, 2023

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7 0
8 existing concrete steel poles, new foundations with rebar, installation of new aluminum streetlight poles, and connection to the existing electrical to reinstate the service. Twenty-two poles were replaced along San Bruno Avenue and San Mateo Avenue, and nine others along Kains Avenue, Linden Avenue, Burrows Streets, Cherry Avenue, and Chestnut Street.

One change order in the amount of $47,118 was issued to purchase thirty-one custom streetlight poles directly from the contractor, as it was determined that the contractor’s price was less than purchasing the poles from the City’s regular streetlight pole vendor, reducing overall City costs. Nema Construction completed the project with a total contract amount of $374,218.

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, change orders or outstanding construction claims. The construction contract requires a five percent retention, which totals $18,711 withheld by the City. Staff recommends that the City Council accept the construction project as complete, authorize filing the Notice of Completion with the San Mateo County Recorder’s Office, and approve release of the contract retention.

On May 20, 2022, an Agreement not-to-exceed $69,000 was executed for CSG Consultants to provide construction inspection services. The final cost for inspections performed under this Agreement was $31,350.

FISCAL IMPACT:

The Streetlight Pole Replacement Project is an established Capital Improvement Project with an approved CIP total budget of $529,540 to complete the design, bid, and construction phases. As detailed below, the total expenditure for the project is approximately $476,368. The remaining budget of $53,172 will be returned to the Measures A and G funds.

Description Expenditure
Construction Contract (Nema Construction) $374,218
City Staff – Design and Construction Management $70,000 Construction Inspections (CSG Consultants) $31,350
Reproduction and Advertisement $800
TOTAL $476,368
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 Streetlight Pole Replacement Project as complete; • Authorizing the filing of notice of completion with the San Mateo County Recorder’s Office; and • Authorizing release of the construction contract retention in the amount of $18,711

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December 12, 2023

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7 0
8 ALTERNATIVES:

1. 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
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RESOLUTION NO. 2023 - ___

A RESOLUTION
• ACCEPTING THE STREETLIGHT POLE REPLACEMENT PROJECT AS COMPLETE; • AUTHORIZING THE FILING OF NOTICE OF COMPLETION WITH THE SAN MATEO COUNTY RECORDER’S OFFICE; AND
• AUTHORIZING RELEASE OF THE CONSTRUCTION CONTRACT RETENTION IN THE AMOUNT OF $18,711
WHEREAS, a multi-year work plan to replace the City’s deficient poles began with the FY2017-18 Streets Capital Improvement Program; and
WHEREAS, On June 22, 2021, the City Council approved a construction contract for the Streetlight Pole Replacement Project (“Project”) with Nema Construction in the amount of $327,100 with a construction contingency of $49,065; and WHEREAS, Nema Construction began the project in May 2022 due to the extended lead time to procure the streetlight poles and unforeseen weather conditions; and WHEREAS, in June 2023, Nema Construction completed the construction of the Project; and
WHEREAS, work included the removal and disposal of thirty-one existing concrete steel poles, new foundations with rebar, installation of new aluminum streetlight poles, and connection to the existing electrical to reinstate the service; and WHEREAS, twenty-two poles were replaced along San Bruno Avenue and San Mateo Avenue, and nine others along Kains Avenue, Linden Avenue, Burrows Streets, Cherry Avenue, and Chestnut Street; and
WHEREAS, one change order in the amount of $47,118 was issued to purchase thirty- one custom streetlight poles directly from the contractor, as it was determined that the contractor’s price was less than purchasing the poles from the City’s regular streetlight pole vendor, reducing overall City costs; 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 a five percent retention, which totals $18,711 withheld by the City; and
WHEREAS, the total expenditure for the project is approximately $476,368; 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 $18,711 upon the acceptance of the project as complete.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:
• Accepts the Streetlight Pole Replacement Project as complete; • Authorizes the filing of a Notice of Completion with the San Mateo County Recorder’s Office; and
• Authorizes release of the construction contract retention in the amount of $18,711 ATTACHMENT 1
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---oOo---
I hereby certify that foregoing Resolution No. 2023 - ______ was introduced and adopted by the San Bruno City Council at a regular meeting on December 12, 2023, by the following vote:

AYES:

NOES:

ABSENT:

Lupita Huerta, City Clerk
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Project Acceptance Information Form 1

PUBLIC WORKS DEPARTMENT
Capital Improvement Program
Project Acceptance Information Form
As of November 27, 2023
Project Information:

Contract Name: Streetlight Pole Replacement
Project Contract No.: 60025
Construction Contractor: Nema Construction
Construction
Management and
Inspection Services:

City Staff and CSG Consultants
Project Description: This Project consists of replacing 31 streetlight poles, with primary locations along San Bruno Avenue and San Mateo Avenue, and isolated locations along Burrows Avenue, Cherry Avenue, Chestnut Avenue, Kains Avenue, and Linden Avenue in San Bruno, California
Construction Contract
Award: Nema Construction – June 22, 2021
Start of Construction: May 2022
Contract Change Orders
(CCO):

One change order in the amount of $47,118 was issued to purchase 31 custom streetlight poles directly from the contractor, as it was determined that the contractor’s price was less than purchasing the poles from the City’s regular streetlight pole vendor, reducing project costs.

Substantial Completion: April 2023
Final Completion: June 2023
Notice of Completion: Scheduled for filing on December 15, 2023 ATTACHMENT 2
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Project Acceptance Information Form 2
Construction Project Costs:

Budget Actual
TOTAL PROJECT $ 529,540 $ 476,368
Construction Contract (Nema Construction) $ 327,100 $ 327,100 Contingency $ 49,065 $ -
Contract Change Orders CCOs $ - $ 47,118
Construction Inspection Services (CSG
Consultants) $ 69,000 $ 31,350
Staff Design and Construction
Management $ 84,375 $ 70,000
Reproduction & Advertisement $ - $ 800
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matthew Lee, P.E., Public Works Director
SUBJECT: Consider Adoption of a Resolution Authorizing the City Manager to Execute a Five-Year Contract with The EDCCO Group, Inc. to Provide As-Needed SCADA System Maintenance and Support Services in an Amount Not to Exceed $50,000 for Fiscal Year 2023-24
BACKGROUND:

The City operates 27 water and wastewater facilities, including water wells, water tanks, and water and wastewater pump stations. At each of these facilities, the Public Works Department has installed an industry standard Supervisory Control and Data Acquisition (SCADA) computer system that monitors facility operations 24 hours a day, 7 days a week. This system provides critical real-time information and compliments the daily management and maintenance activities of City staff.

A SCADA system is a computerized network that can monitor and control the mechanical and electrical aspects of the City’s water and wastewater systems (tanks, wells, pumps, security systems, etc.). The SCADA system is centrally controlled and operated at the Public Works Corporation Yard and is programmed to alert staff to system interruptions.

The monitoring functions include alarms on all monitored apparatus to alert personnel instantly when the operation falls outside allowable parameters and provides a comprehensive data collection capability that allows Water and Wastewater Division personnel to more easily analyze the systems’ operations. The control function allows for programming variables such as desired tank levels and times of day of peak water demand into a central computer that can then operate the entire system in an efficient and integrated manner.

DISCUSSION:

Installation of San Bruno’s SCADA system was approved at the March 27, 2001 City Council Meeting, beginning with a Phase I roll-out at eight water and wastewater pump stations and eight water tanks. Over the years, SCADA has been expanded to all 27 water and wastewater well, tank, and pump station locations. The water pressure regulator stations are the remaining facilities to receive SCADA. As of November 2023, SCADA has been installed at 8 of the City’s 28 pressure regulator stations. SCADA will be installed at Item 7h
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December 12, 2023

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the remaining locations as older stations are rebuilt per the City’s water capital improvement rehabilitation schedule or as part of a private development project.

Like most cities in the surrounding area, the cities contract with a private company to provide SCADA system troubleshooting and on-site support. These companies are staffed with electrical and computer engineers, SCADA software support technicians, and provide the specialized testing and repair of the SCADA equipment.

To provide these support services for the next five years, the City issued a Request for Proposals (RFP) in October 2023. The project’s scope of work includes system troubleshooting at all City water and wastewater treatment and distribution facilities; on-site assistance as required; new project integration or re-establish SCADA connections at refurbished facilities; and performing emergency response with availability 24 hours a day, seven days a week.

The City received three proposals. Based on an evaluation of the proposals, weighted primarily on team experience and understanding of the City’s SCADA system, staff are recommending The EDCCO Group, Inc. of San Carlos, California, in an amount not to exceed $50,000 for fiscal year 2023-24. The EDCCO Group, Inc. is a highly qualified firm with substantial experience in all areas of SCADA systems, including repair, maintenance, programming, design, and installation. The firm has successfully completed SCADA maintenance and installation projects for the cities of Foster City, Palo Alto, Redwood City, San Bruno, San Carlos, Soledad, the Marina Coast Water District, North Coast County Water District, and many other commercial businesses and public utility districts.

Since the contract will be based on time and materials, staff reviewed the accessible labor rates provided by two of the three firms for comparison. Each firms’ multiple rate categories were within a similar range, with The EDCCO Group, Inc.’s rates generally within the low range.

This contract is for one-year term with the option to renew annually, for a total possible term of five years and can be terminated by the City at any time.

The City’s current SCADA maintenance services contract expires December 3, 2023. Interim services, if needed, will be provided on an as-needed emergency basis until a new contract is executed.

FISCAL IMPACT:

The contract with The EDCCO Group, Inc. is for an amount not to exceed $50,000 for FY 2023-24, with funding split evenly between the Water and Wastewater Funds ($25,000 and $25,000, respectively). The FY2023-24 Operating Budget approved $60,000 for this program, with approximately $10,000 expended through November 2023. Future contract amounts will be reviewed and determined during the annual budget process. 93 of 231
Honorable Mayor and Members of the City Council
December 12, 2023

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ENVIRONMENTAL IMPACT:

The action is not a project subject to the California Environmental Quality Act (CEQA), and as such is exempt from further environmental consideration per CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION:

Adopt Resolution authorizing the City Manager to execute a five-year contract with The EDCCO Group, Inc. to provide as-needed SCADA system maintenance and support services in an amount not to exceed $50,000 for Fiscal Year 2023-24.

ALTERNATIVES:

1. Direct further review of the submitted proposals for selection of a different firm from the current proposals.

2. Reject current proposals and issue another Request for Proposals.

ATTACHMENTS:

1. Resolution
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RESOLUTION NO. 2023 - ___

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIVE-YEAR CONTRACT WITH THE EDCCO GROUP, INC. TO

PROVIDE AS-NEEDED SCADA SYSTEM MAINTENANCE AND SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $50,000 FOR FISCAL YEAR 2023-24 WHEREAS, the City operates an industry standard Supervisory Control and Data Acquisition (SCADA) system at each of the City’s 27 water and wastewater facilities that electronically monitors various critical systems, including pump station motors and water tank chemical injection systems; and
WHEREAS, the SCADA system is centrally controlled and operated at the Public Works Corporation Yard, and is programmed to alert staff to system interruptions; and WHEREAS, the City of San Bruno desires to utilize the services of a well-qualified firm to assist with the maintenance and support of the City’s SCADA system; and WHEREAS, project services include, but are not limited to, providing system troubleshooting at all City water and wastewater treatment and distribution facilities; on-site assistance as required; new project integration or re-establish SCADA connections at refurbished facilities; and performing emergency response with availability 24 hours a day, seven days a week; and
WHEREAS, the City issued a request for proposals on October 6, 2023 and received three proposals; and
WHEREAS, The EDCCO Group, Inc. of San Carlos, California, was determined to be most qualified to provide the requested SCADA maintenance and support; they have nearby facilities and resources to provide adequate emergency response; and they have successfully completed projects for the cities of Foster City, Palo Alto, Redwood City, San Bruno, San Carlos, Soledad, the Marina Coast Water District, North Coast County Water District; and
WHEREAS, the City has negotiated a scope of work with The EDCCO Group, Inc. for an amount not to exceed $50,000 during fiscal year 2023-24, split evenly between the Water and Wastewater Operating program budgets ($25,000 and $25,000, respectively); and WHEREAS, the FY 2023-24 Operating Budget approved $60,000 for SCADA system maintenance services, with approximately $10,000 expended in total through November 2023; and
WHEREAS, the as-needed contract has the option to be annually renewed for a total possible term of five (5) years and can be terminated by the City at any time; and NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to execute a one-year contract with The EDCCO Group, Inc. to provide as-needed SCADA system maintenance and support services in an amount not to exceed $50,000 for Fiscal Year 2023-24, and authorizes the City Manager to annually renew the contract for four additional one-year terms, subject to the appropriation of funds.

ATTACHMENT 1
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2 1
2 6
---oOo---
I hereby certify that foregoing Resolution No. 2023 - _____________ was introduced and adopted by the San Bruno City Council at a regular meeting on December 12, 2023, by the following vote:

AYES:

NOES:

ABSENT:

Lupita Huerta, City Clerk
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Jennifer Dianos, Assistant to the City Manager SUBJECT: Consider Adoption of a Resolution Approving San Bruno Community Foundation Officers for Calendar Year 2024
BACKGROUND:

The San Bruno Community Foundation (Foundation) is the organization created by the San Bruno City Council to invest, manage and expend the restitution settlement of $70 million in cash funds and real property that the City of San Bruno received from PG&E after the 2010 gas line explosion in the Crestmoor neighborhood.

Article VIII, Section 1 of the Foundation’s Bylaws require that the Foundation select the offices of President, Vice-President, Secretary, and Treasurer. Article VIII, Section 2 states that such officers will serve one-year terms starting on January 1, and are subject to the approval of the San Bruno City Council.

DISCUSSION:

At its November 1, 2023 regular Board meeting the Foundation Board re-elected its officers to serve in their capacity for calendar year 2024, effective January 1, 2024:
• President - Malissa Netane-Jones
• Vice President - Jim Ruane
• Secretary - Raul Gomez
• Treasurer - Pak Lin
The Foundation Board ratified the election at their regular meeting on December 6, 2023. A copy of the Foundation resolution is attached to this staff report for reference.

FISCAL IMPACT:

There is no fiscal impact for this action.

Item 7i
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Honorable Mayor and Members of the City Council
December 12, 2023

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6 8
9 ENVIRONMENTAL IMPACT:

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

RECOMMENDATION:

Consider adoption of a resolution approving San Bruno Community Foundation Officers for calendar year 2024.

ALTERNATIVES

1. Do not approve the Foundation Officers as presented and provide direction.

2. Direct staff to return to the Foundation with alternative considerations for their review and action.

ATTACHMENTS:

1. City Council Resolution

2. Foundation Resolution

3. Foundation Bylaws
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RESOLUTION NO. 2023-____

RESOLUTION APPROVING SAN BRUNO COMMUNITY FOUNDATION
OFFICERS FOR CALENDAR YEAR 2024
WHEREAS, on November 1, 2023, the San Bruno Community Foundation elected officers to hold the positions of President, Vice-President, and Secretary effective January 1 2024; and,
WHEREAS, on December 6, 2023, the San Bruno Community Foundation ratified the election; and,
WHEREAS, Article VIII, Section 2 and Article XVI of the Foundation’s Bylaws require the San Bruno City Council to approve the officers; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Bruno adopts a resolution approving the San Bruno Community Foundation officers for calendar year 2024 as follows:
• President: Malissa Netane-Jones
• Vice President: Jim Ruane
• Secretary: Raul Gomez
• Treasurer: Pak Lin
---oOo---
I hereby certify that foregoing Resolution No. 2023-___ was introduced and adopted by the San Bruno City Council at a regular meeting on December 12, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_______________________
Lupita Huerta, City Clerk
ATTACHMENT 1
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ATTACHMENT 2
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101 of 231
1 BYLAWS OF

THE SAN BRUNO COMMUNITY FOUNDATION
A California Nonprofit Public Benefit Corporation
Amended and Restated by the SBCF Board of Directors, April 13, 2016 Approved by the San Bruno City Council, April 26, 2016
ARTICLE I.

NAME
Section 1. Corporate Name
The name of this corporation is: The San Bruno Community Foundation (the “Corporation”).

ARTI
CLE II.

OFFICES OF THE CORPORATION
Section 1. Principal Offic
e.

The principal office for the transactio
n of the activities and affairs of the Corporation (principal office) shall be fixed and located in the City of San Bruno, California. The Board of Directors of this Corporation (the “Board”; each member of the Board, a “Director”) may change the location of the principal office to any place within the City of San Bruno, California.

Section 2. Other Offices.

The Board may at any tim
e establish branch or subordinate offices at any place or places where the Corporation is qualified to conduct its activities. Any change shall be noted in these Bylaws, or this Section may be amended to state the new location.

ARTICLE III.

PURPOSE
The primary purpose of the Corporation is to benefit the San B runo community through enduring
and significant contributions to, and investments in, charitable and community programs, and publicly-owned community facilities, over the long term. In furtherance of that purpose, this Corporation is organized and shall be operated exclusively for charitable purposes (within the meaning of Internal Revenue Code Section 501(c)(3)) by conducting or supporting activities for the benefit, or to carry out the purposes, of organizations, including but not limited to, the City of San Bruno, that: (i) benefit the San Bruno community, and (ii) are described in either (x) Internal Revenue Code Sections 501(c)(4), 501(c)(5), or 501(c)(6) but only if they would be described in Internal Revenue Code Section 509(a)(2) were they organizations described in Internal Revenue Code Section 501(c)(3), or (y) Internal Revenue Code Sections 509(a)(1) or (a)(2).

ATTAHMENT 3
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2 ARTICLE IV.

MEMBERS
Section 1. Member.

The Corporation shall have no voting me
mbers within the meaning of the Nonprofit Corporation
Law.

ARTICLE V.

BOARD OF DIRECTORS
Section 1. General Co
rporate Powers.

Subject to the provisions and limitations of the California Nonprofit Public Benefit Corporation Law and any other applicable laws, all powers and activ ities of the Corporation shall be
exercised directly by or under the ultimate direction of the Board.

Section 2. Specific Powers.

Without prejudice to the general powers set forth in Section 1 of this Article, but subject to the sam
e limitations and to the approval rights of the City Council of the City of San Bruno (the “City” or “City Council”) provided in Article XVI, the Board of Directors shall have the power to:
(a) Appoint and remove, at the pleasure of the Board, all the Corporation’s officers and agents, prescribe powers and duties for them that are consistent with law, with the Articles of Incorporation, and with these Bylaws, and require from them security for faithful performance of their duties.
(b) Adopt and use a corporate seal and al ter the forms of the seal and certificates. (c) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the Corporation's purposes, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities, subject to the reserved powers set forth in Section 3, below.

Section 3. Authorized Number and Qualifications.
(a) The authorized num
ber of Directors shall be an odd number not fewer than five (5) and no more than eleven (11), as determined by action of the City Council. (b) No Director shall serve concurrently as a member of the San Bruno City Council. (c) A majority of the authorized number of Directors shall be residents of the City of San Bruno; provided, however, that a non-resident Director need not be removed 103 of 231
3 solely to comply with such requirement. Among non-residents, preference may be given to representatives of a business or other entity located in or with a substantial interest in the City. Directors should include individuals with particular expertise in areas applicable to the operation of a nonprofit entity, such as financial, investment, legal, philanthropic, or community-based programs. (d) Directors shall serv e without compensation.

Section 4. Restriction of Int erested Persons as Directors.

No person serving on the Board ma
y be an interested person. An interested person is:
(a) Any person compensated by the Corporati on for services rendered to it within the previous twelve (12) months, whether as a full-time or part-time employee, independent contractor, or otherwise, excluding any expense reimbursement paid to a Director as Director; and
(b) Any brother, sister, an cestor, descendant, spouse, domestic partner, brother-in- law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law of such person.

However, any violation of the provisions of this Section shall not affect the validity or enforceability of any transaction entered into by the Corporation.

Section 5. Designation a nd Removal of Directors.

All Directors shall be designated and ma
y be removed by the City Council.

Section 6. Term.

Terms shall be for four years, starting
on January 1 of each year, staggered so that a roughly
equal number of terms ends every two years, with designated Directors having initial two-year terms where necessary. No Director shall hold office for longer than two consecutive terms; a two-year term followed by a four-year term shall constitute two consecutive terms. However, an unexpired term of less than one-half of a full term shall not count as a term for the purpose of the term limits in this Section. A Director may be reappointed two years after serving two consecutive terms.

Section 7. Events Causing Vacancy.

A vacancy or
vacancies on the Board shall exist on the occurrence of the following:
(a) The death or resignation of any Director;
(b) The declaration of a vacancy by majority vote of all Directors then in office, excluding the vote of the Director at issue, when a Director has been declared of unsound mind by an order of court, been convicted of a felony, been found by final order or judgment of any court to have breached a duty under Article 3 of 104 of 231
4 Chapter 2 of the California Nonprofit Public Benefit Corporation Law, or failed or ceased to meet any required qualification of a Director that was in effect at the beginning of that Director’s current term of office;
(c) The action of the City Council to re move any Director upon a finding of cause by a two-thirds (2/3) vote of the total number of authorized Directors; (d) The increase of the auth orized number of Directors; (e) Expiration of a Direct or’s term of office; or
(f) Action by the City Council to remove a Director.

Vacancies shall be filled by the City Council as provided in Section 5.

Section 8. Resignations.

Except as provided below, any Director ma
y resign by giving written notice to the President or
Secretary of the Board. The resignation shall be effective when the notice is given unless it specifies a later time for the resignation to become effective. If a Director’s resignation is effective at a later time, the City Council shall appoint a successor to take office as of the date when the resignation becomes effective. Except on notice to the Attorney General of California, no Director may resign if the Corporation would be left without a duly selected Director or Directors. A Director’s resignation may not be rescinded, revoked, or withdrawn.

Section 9. Compensation and Reimbursement.

The Directors shall serve without compensation, though they ma y be reimbursed for their
reasonable expenditures on behalf of the Corporation if approved by the Board.

Section 10. Approval of Executive Compensation.

The Board (or an author
ized committee of the Board) shall review and approve the compensation, including benefits, of the Executive Director to assure that such compensation is just and reasonable and given in return for services actually rendered to this Corporation. This review and approval shall occur upon the hiring of the officer, whenever the officer’s term of employment (if any) is renewed or extended, and whenever the officer’s compensation is modified (unless the modification extends to substantially all employees).

ARTICLE VI.

DIRECTORS’ MEET
INGS
Section 1. Place of Meetings.

Regular meetings of the Board shall be held at an
y place in the City of San Bruno. At least four
(4) meetings of the Board shall be held each year, including the annual meeting required by Section 3, below.
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5 Section 2. Method of Meetings.

All meetings of the Board of Directors, or a
ny committee thereof, shall be called, noticed, held,
and conducted in accordance with the applicable provisions of the Ralph M. Brown Act (the “Brown Act”) (commencing with Section 54950 of the California Government Code). The Board of Directors shall take no action other than at a meeting called, noticed, and held pursuant to these Bylaws.

Section 3. Annual Meeting.

The Board shall hold a regular meeting for purposes of organization, election of officers, and transaction of other business.

Notwithstanding any other provision of these Bylaws, the annual meeting shall be held in the City of San Bruno, California.

Section 4. Other Regular Meetings.

Other regular m
eetings of the Board may be held at such time and place as the Board may fix from time to time.

Section 5. Authority to Call Special Meetings.

Special meetings of the Board for any purpose ma
y be called at any time pursuant to the Brown
Act.

Section 6. Quorum.

A ma
jority of the authorized number of Directors shall constitute a quorum for the transaction of business, except to adjourn. Every action taken or decision made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be the act of the Board, including, without limitation, those provisions relating to:
(a) Approval of certain transactions between corporations having common directorships;
(b) Creation of and appointments to committees of the Board; and (c) Indemnification of Directors.

A meeting at which a quorum is initially present may continue to transact business, despite the withdrawal of Directors, if any action taken or decision made is approved by at least a majority of the required quorum for that meeting.

Section 7. Adjournment.

A ma
jority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place pursuant to the Brown Act. 106 of 231
6 ARTICLE VII.

COMMITTEES

Section 1. Committees of the Board.

The Board, by resolution adopted by a majority of the Directors then in office provided a quorum is present, may create one or more committees, each consisting of two or more Directors and no one who is not a Director, to serve at the pleasure of the Board. Members of Committees shall serve without compensation. Committees are authorized to create subcommittees in their discretion to assist in the work of the committee. Appointments to committees of the Board shall be by majority vote of the Directors then in office. No committee, regardless of Board resolution, may:

(a) Fill vacancies on the Board or on any committee that has the authority of the Board;

(b) Fix compensation of the Directors fo r serving on the Board or on any committee;

(d) Amend or repeal any resolution of the Board that by its express terms is not so amendable or repealable;

(e) Create any other committees of the Board or appoint the members of committees of the Board;

(f) Expend corporate funds to support a nomi nee for Director after more people have been nominated for Director than can be appointed;

(g) Approve any contract or transaction to which the Corporation is a party and in which one or more of its Directors has a material financial interest, except as special approval is provided for in Section 5233(d)(3) of the California Corporations Code; or

(h) Approve the merger, reorganization, voluntary dissolution, or disposition of substantially all of the assets of the Corporation.

Section 2. Meetings and Action of Committees of the Board.

Meetings and actions of committees of the Board shall be governed by, held, and taken in accordance with the provisions of these Bylaws and conducted in accordance with the applicable provisions of the Brown Act concerning meetings and other Board actions, except that the time for regular meetings of such committees and the calling of special meetings of such committees may be determined either by Board resolution or, if there is none, by resolution of the committee of the Board. Minutes of each meeting of any committee of the Board shall be kept and shall be filed with the corporate records. The Board may adopt rules for the governance of any committee, provided they are consistent with these Bylaws, or, in the absence of rules adopted by 107 of 231
7 the Board, the committee may adopt such rules. The below enumerated committees may be created by the Board, but are not limited to:

Section 3. Advisory Committees.

The Board may also create one o
r more advisory committees which may contain any number of Director and non-Director committee members. None of the powers of the Board can be delegated to any advisory committee, except that management of the Corporation’s activities may be delegated to such a committee to the same extent that those powers may be delegated to anyone pursuant to California Corporations Code §5210 and other provisions of these Bylaws.

Section 4. Audit Committee.

The Corporation shall have an Audit Committee consisting of at leas t two (2) Directors
appointed by the Board. Directors who are employees or officers of the Corporation or who receive, directly or indirectly, any consulting, advisory, or other compensatory fees from the Corporation (other than for service as Director) may not serve on the Audit Committee. The Audit Committee shall perform the duties, but are not limited to:
(a) Assisting the Board in choosing an independent auditor and recommending termination of the auditor, if necessary;
(b) Negotiating the auditor’s compensation;
(c) Conferring with the aud itor regarding the Corporation’s financial affairs; and (d) Reviewing and accepting or rejecting the audit.

Members of the Audit Committee shall not receive compensation for their service on the Audit Committee. If the Corporation has a Finance Committee, a majority of the members of the Audit Committee may not concurrently serve as members of the Finance Committee, and the chair of the Audit Committee may not serve on the Finance Committee. Members of the Audit Committee shall not include the President and the Treasurer.

ARTICLE VIII.

OFFICERS
Section 1. Officers of the Corporation.

The officers of the Corporation shall be a President, a Vice President, a Secretary, a Treasurer, and an Executive Director. The Corporation m
ay also have, at the Board’s discretion, one or
more Assistant Secretaries, one or more Assistant Treasurers, and such other officers as may be appointed in accordance with Section 3 of this Article. Any number of offices may be held by the same person, except that neither the Secretary nor the Treasurer may serve concurrently as the President and the Executive Director may not hold any other office.

Section 2. Election of Officers.

The officers of the Corporation, except the Executive Director and those appointed under Section 3 of this Article, shall be chosen annually by the Board for one-year terms starting on January 1
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8 and shall serve at the pleasure of the Board, subject to the rights, if any, of any officer under any contract of employment, and subject to the approval of the City Council.

Section 3. Other Officers.

The Board may appoint and m
ay authorize the President or other officer to appoint any other officers that the Corporation may require. Each officer so appointed shall have the title, hold office, have the authority, and perform the duties specified in the Bylaws or determined by the Board.

Section 4. Removal of Officers.

Without prejudice to any rights of an officer, any officer m ay be removed with or without cause
by the Board and also by any officer on whom the Board may confer that power of removal.

Section 5. Resignation of Officers.

Any officer ma
y resign at any time by giving written notice to the Corporation. The resignation shall take effect as of the date the notice is received or at any later time specified in the notice and, unless otherwise specified in the notice, the resignation need not be accepted to be effective.

Any resignation shall be without prejudice to the rights, if any, of the Corporation. An officer may not rescind, revoke, or withdraw a resignation.

Section 6. Vacancies in Office.

A vacancy in any office because of death, resignation, rem oval, disqualification, or any other
cause shall be filled in the manner prescribed in these Bylaws for regular appointments to that office.

ARTICLE IX.

RESPONSIBILITIES OF OFFICERS

Section 1. President.

The President shall preside at all Board meetings and shall have such other powers and duties as the Board or the Bylaws m
ay prescribe.

Section 2. Vice President.

If the Presid
ent is absent or disabled, the Vice President shall perform all duties of the President.

When so acting, the Vice President shall have all powers of and be subject to all restrictions on the President. The Vice President shall have such other powers and perform such other duties as the Board or the Bylaws may prescribe.
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9 Section 3. Secretary.

The Secretary shall keep or cause to be kept, at the Corporation’s principal office or such other place as the Board may direct, a book of minutes of all meetings, proceedings, and actions of the Board and of committees of the Board. The minutes of meetings shall include the time and place that the meeting was held, whether the meeting was annual, regular, or special, and, if special, how authorized, the notice given, and the names of those present at Board and committee meetings. The Secretary shall keep or cause to be kept, at the principal office in California, a copy of the Articles of Incorporation and Bylaws, as amended to date.

The Secretary shall give, or cause to be given, notice of all meetings of the Board and of committees of the Board required by these Bylaws to be given. The Secretary shall keep the corporate seal in safe custody and shall have such other powers and perform such other duties as the Board or the Bylaws may prescribe.

Section 4. Treasurer.

The Treasurer shall be the chief financial officer of the Corporation and shall keep and maintain, or cause to be kept and maintained, adequate and correct books and accounts of the Corporation’s properties and transactions. The Treasurer shall send or cause to be given to the Directors such financial statements and reports as are required to be given by law, by these Bylaws, or by the Board.

The books of account shall be open to inspection by any Director at all reasonable times. The Treasurer shall deposit, or cause to be deposited, all money and other valuables in the name and to the credit of the Corporation with such depositories as the Board may designate, shall disburse the Corporation’s funds as the Board may order, shall render to the President and the Board, when requested, an account of all transactions as Treasurer and of the financial condition of the Corporation, and shall have such other powers and perform such other duties as the Board or the Bylaws may prescribe.

If required by the Board, the Treasurer shall give the Corporation a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of the office and for restoration to the Corporation of all of its books, papers, vouchers, money, and other property of every kind in the possession or under the control of the Treasurer on his or her death, resignation, retirement, or removal from office.

Section 5. Executive Director.

The Board shall appoint an Executive Director, who shall serve as the Corporation’s chief executive officer at the pleasure of the Board and whose terms and conditions of employment shall be specified by the Board. The Executive Director shall be responsible for the day-to-day administration of the Corporation and shall have other such powers and duties as are prescribed by the Board. The Executive Director shall hire, direct, and discharge all other agents and employees, who shall have such authority and perform such duties as may be required to carry out the operations of the Corporation in accordance with the policies established by the Board.

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10 Unless excused by the Board’s presiding officer or committee chair, the Executive Director shall attend all meetings of the Board and committees, except the Audit Committee; provided, however, that the Board or any committee of the Board may enter into a closed session without the presence of the Executive Director at the President’s discretion in compliance with the Brown Act.

ARTICLE X.

STANDARD OF CARE

Section 1. General.

A Director shall perform the duties of a Director, including duties as a member of any committee of the Board on which the Director may serve, in good faith, in a manner such director believes to be in the best interest of this Corporation and with such care, including reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar circumstances.

In performing the duties of a Director, a Director shall be entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, in each case prepared or presented by:

(a) One (1) or more officers or employees of the Corporation whom the Director believes to be reliable and competent in the matters presented;

(b) Counsel, independent accountants, or other persons as to matters which the Director believes to be within such person’s professional or expert competence; or

(c) A committee of the Board upon which the Director does not serve that is composed exclusively of any or any combination of Directors and persons described in subsection (a) and (b) of this Section 1, as to matters within its designated authority, which committee the Director believes to merit confidence, so long as in any such case, the Director acts in good faith, after reasonable inquiry when the need thereof is indicated by the circumstances and without knowledge that could cause such reliance to be unwarranted.

A person who performs the duties of a Director in accordance with the above shall have no liability based upon any failure or alleged failure to discharge that person’s obligations as Director, including, without limiting the generality of the foregoing, any actions or omissions which exceed or defect a public or charitable purpose to which the Corporation, or assets held by it, are dedicated.

Section 2. Standard of Care - Investments.

Except with respect to assets held for use or used directly in carrying out this Corporation’s charitable activities, in investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing this Corporation’s investments, the Board shall avoid speculation, looking instead to the permanent disposition of the funds, considering the probable incomes, as well as the probable safety of this Corporation’s capital.
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11 Section 3. Standard of Care – Self-Dealing Transactions.

The Board shall not approve a contract in which one of its Directors has a f inancial interest,
pursuant to California Government Code Section 1090, or a self-dealing transaction, pursuant to Corporations Code Section 5233.

Section 4. Inspection.

Every Director shall have the right at any reasonable time during the business hours of the
Corporation to inspect and copy all books, records, and documents pursuant to the California Nonprofit Public Benefit Corporation Law and the California Public Records Act, and to inspect the physical properties of this Corporation.

ARTICLE XI.

INDEMNIFICATION; LIABILITY OF THE CORPORATION
Section 1. Right of In
demnity.

To the fu
llest extent permitted by law, this Corporation shall indemnify its Directors, officers, employees, and other persons described as “agents” in Section 5238(a) of the California Corporations Code, including persons formerly occupying such position, against all expenses, judgments, fines, settlements and other amounts actually and reasonably incurred by them in connection with any “proceeding,” as that term is used in that Section, and including an action by or in the right of the Corporation, by reason of the fact that the person is or was a person described in that Section. “Expenses,” as used in these Bylaws, shall have the same meaning as in Section 5238(a) of the California Corporations Code.

Section 2. Approval of Indemnity.

On written request to the Board by any person seeking indemn ification under Section 5238(b) or
Section 5238(c) of the California Corporations Code, the Board shall promptly determine under Section 5238(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met and, if so, the Board shall authorize indemnification.

Section 3. Advancement of Expenses.

To the fu
llest extent permitted by law and except as otherwise determined by the Board in a specific instance, expenses incurred by a person seeking indemnification under Sections 1 and 2 of this Article in defending any proceeding covered by those Sections shall be advanced by the Corporation before final disposition of the proceeding, on receipt by the Corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by the Corporation for those expenses. 112 of 231
12 Section 4. Insurance.

The Corporation shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of its officers, Directors, employees, and other agents, against any liability asserted against or incurred by any officer, Director, employee, or agent in such capacity or arising out of the officer’s, Director’s employee’s, or agent’s status as such.

Section 5. Liability of the Corporation.

The Corporation itself shall be responsible for the management and fiscal affairs of the Corporation and for the payment of any debts and liabilities incurred by the Corporation.

ARTICLE XII.

RECORDS AND REPORTS

Section 1. Maintenance of Corporate Records.

The Corporation shall keep:

(a) Adequate and correct books and records of account; and

(b) Written minutes of the proceedings of its Board and committees of the Board.

The Corporation shall abide by the provisions of the California Public Records Act.

Section 2. Maintenance and Inspection of Articles and Bylaws.

The Corporation shall keep at its principal office, or if its principal office is not in California, at its principal business office in this state, the original or a copy of the Articles of Incorporation and its Bylaws, as amended to date, which shall be open to inspection by the Directors at all reasonable times during office hours.

Section 3. Annual Report.

The Board shall cause an annual report to be sent to the Directors within one hundred fifty (150) days after the end of the Corporation’s fiscal year. That report shall contain the following information, in appropriate detail, for the fiscal year:

(a) The assets and lia bilities, including the trust funds, of the Corporation as of the end of the fiscal year;

(b) The principal changes in assets and liabilities, including trust funds;

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13 (d) The expenses or disbursements of the Corporation for both general and restricted purposes; and

(e) Any information required by Section 4 of this Article.

The annual report shall be accompanied by a report on this Corporation prepared by independent accountants, or, if there is no such report, by the certificate of an authorized officer of the Corporation that the financial statements included in the annual report were prepared without audit from the Corporation’s books and records.

This requirement of an annual report shall not apply if the Corporation receives less than $25,000 in gross receipts during the fiscal year, provided, however, that the information specified above for inclusion in an annual report must be furnished annually to all Directors.

Section 4. Annual Statement of Certain Transactions and Indemnifications.

The Corporation shall annually prepare and furnish to each Director a statement of any transaction or indemnification of the following kind within one hundred twenty (120) days after the end of the Corporation’s fiscal year:

(a) Any transaction in which the Corporation, its parent, or its subsidiary was a party;

(b) Any transaction in which an “interested person” had a direct or indirect material financial interest; and

(c) Any transaction which involved more than $50,000, or was one of a number of transactions with the same interested person involving, in the aggregate, more than $50,000. For the purposes of this subparagraph, and subparagraph (b) above, an “interested person” is either of the following:

i) Any Director or officer of the Corporation, its parent, or subsidiary (but mere common directorship shall not be considered such an interest); or

ii) Any holder of more than ten (10) percent of the voting power of the Corporation, its parent, or its subsidiary. The statement shall include a brief description of the transaction, the names of interested persons involved, their relationship to the Corporation, the nature of their interest in the transaction, and, if practicable, the amount of that interest, provided that if the transaction was with a partnership in which the interested person is a partner, only the interest of the partnership need be stated.

(d) Any indemnifications or advances ag gregating more than $10,000 paid during the fiscal year to any officer or Director of the Corporation under Article X, Sections 1, 2 and 3 of these Bylaws.

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14 ARTICLE XIII.

MISCELLANEOUS

Section 1. Fiscal Year.

The fiscal year of this Corporation shall end each year on June 30.

Section 2. Contracts.

All contracts entered into on behalf of this Corporation must be authorized by the Board, or, where the contract is for less than twenty-five thousand dollars ($25,000), by the President, Treasurer, or Executive Director.

Section 3. Execution of Checks.

Except as otherwise provided by law, every check, draft, promissory note, money order, or other evidence of indebtedness of the Corporation shall be signed by such individuals as are authorized by the Board.

Section 4. Independent Audit.

The Corporation shall retain an independent auditor and conduct annual independent audits in accordance with the applicable provisions of the Supervision of Trustees and Fundraisers for Charitable Purposes Act (commencing with Section 12586 of the California Government Code).

Section 5. Amendment of Bylaws.

The Bylaws may be amended or repealed and new Bylaws adopted by the vote of a majority of all the Directors then in office and the approval of the City Council. Such amended or newly adopted Bylaws shall take effect immediately upon approval of the City Council.

Section 6. Applicable Law.

This Corporation shall be subject to any and all applicable state, federal, and local laws, including, but not limited to, such laws as may be applicable as a result of the Corporation’s affiliation with the City.

Section 7. Ralph M. Brown Act.

All meetings of the Board of Directors, or any committee thereof, shall be called, noticed, held and conducted in accordance with the applicable provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code).

Section 8. Conflict of Interest.

The Board shall develop, establish, and implement a conflict of interest policy. The policy shall provide that the Board and the Corporation’s agents and employees shall not be financially 115 of 231
15 interested in a contract made by them in their official capacity, or by anybody or board of which they are members pursuant to Government Code Section 1090. In addition, the Corporation shall not authorize any contract in which an officer of the City of San Bruno has a financial interest, either directly or through a body or board of which they are members. Nor shall the Board, its agents, or its employees be purchasers at any sale or vendors at any purchase made by them in their official capacity pursuant to Government Code Section 1090.

ARTICLE XIV.

DISSOLUTION OF THE CORPORATION
Subject to the provisions governing distribution upon dissolution set forth in the Articles of Incorporation of the Corporation, in the event of a dissolution of the Corporation the residual assets shall be distributed as provided in the Articles of Incorporation.

ARTI
CLE XV.

CONSTRUCTION AND DEFINITIONS
Unless the context requires otherwise, the general provisions, rules of construction, and definitions in the General Provis
ions of the California Nonprofit Corporation Law and the California Nonprofit Public Benefit Corporation Law shall govern the construction of the Bylaws. Without limiting the generality of the preceding sentence, the masculine gender includes the feminine and neuter, the singular includes the plural, the plural includes the singular, and the term “person” includes both a legal entity and a natural person.

ARTICLE XVI.

APPROVAL OF THE CITY COUNCIL
In addition to the City Council having the authority to designate and rem ove Directors pursuant
to Article V, the following actions shall require approval by the City Council:
(a) Any change in the Articles of Incorp oration or Bylaws of the Corporation; (b) Adoption, amendment, or repeal of the Corporation’s investment policy and its spending policy;
(c) The Corporation’s annual budget;
(d) Adoption, amendment, or repeal of the Corporation’s grant policies; (e) Election of officers of the Corporation;
(f) Any agreement for the management of the affairs of the Corporation; (g) Acquisition of real estate or of any pr oject that would require the use of City property or resources;
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matthew Lee, P.E., Public Works Director
Dalia Manaois, P.E., Principal Civil Engineer
SUBJECT: Consider Adoption of a Resolution:
• Accepting the Spyglass Storm Drain Improvement Project as Complete;
• Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office;
• Authorizing Release of the Construction Contract Retention in the Amount of $47,762.06; and
• Appropriating $11,945.06 from the General Fund
BACKGROUND:

Much of the City’s existing storm infrastructure was originally installed in the 1900s when the eastern portion of the City developed and urbanized. The system then extended to the western part of the City as more developments were completed. The storm water collection system consists of underground pipelines and culverts, concrete and earthen channels, and detention basins. A culvert is an enclosed structure that is used to convey water from one area to another across the road, railroad, trail, or other similar obstruction. Culverts come in many sizes and shapes including round, elliptical, flat-bottomed, pear-shaped, and box-like constructions.

The storm system near the vicinity of Spyglass Drive has overflowed during intense storm events. Over the years, approximately eight properties within the Spyglass Drive neighborhood experienced multiple flooding events that included property damage. To help prevent flooding at the residential properties, Public Works staff installed sandbags around the perimeter of some of the properties on Spyglass Drive annually during late fall and removed the sandbags in the spring. This created additional work for staff and an inconvenience for the residents. Therefore, a more long-term solution was needed.

In October 2017, staff submitted an application to California Office of Emergency Services (CalOES) as part of the Hazard Mitigation Grant Program for FEMA DR-4305 to request funding for both design and construction for permanent improvements to the Spyglass Drive storm drain system. The City was awarded the CalOES grant in 2021 in the amount of $1,209,962.25, with a required 25% local matching fund contribution of $403,320.75.

The construction of the Spyglass Drive Storm Drain Improvements Project (“Project”) will provide residents within the Spyglass Drive neighborhood a more reliable storm infrastructure system by increasing the capacity of the storm drain system.

Item 7j
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Honorable Mayor and Members of the City Council
December 12, 2023

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7 0
6 On March 22, 2022, the City Council approved a construction contract with Golden Bay Construction, Inc. in the amount of $805,310.25 with a construction contingency of $120,800. Concurrent to the construction contract award, the City Council authorized an agreement with Tanner Pacific, Inc. for construction management and inspection of the Project in an amount not to exceed $99,254. On April 25, 2023, the City Council approved an amendment to the Agreement with Tanner Pacific, Inc. in an amount not to exceed $92,685.

DISCUSSION:

Golden Bay Construction, Inc. began constructing the Project in September 2022. Work included the installation of five new storm drain catch basins and replacing approximately 1,000 linear feet of the existing storm drain system on Spyglass Drive consisting of pipe diameters ranging from 12-inches to 42-inches. Approximately 150 linear feet of 36-inch pipeline upstream between Sharp Park Drive and Spyglass Drive was also relined to repair the pipeline and increase flow capacity.

Change orders were issued to Golden Bay Construction, Inc. during the construction due to unforeseen conditions and work scope changes. The change orders included work related to water main relocations and water service reconnections, change of storm drain material and alignment required for adequate clearance to existing utilities, removal and relocation of sewer laterals, removing conflicting utilities, demolition and replacement of a fence as a result of the storm drain alignment, and providing special non-slip trench plates due to the excessive winter rains. The change orders totaled $149,930.98.

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, change orders or outstanding construction claims. The construction contract requires a five percent retention, which totals $47,762.06 withheld by the City. Staff recommends that the City Council accept the construction project as complete, authorize filing the Notice of Completion with the San Mateo County Recorder’s Office, and approve release of the contract retention.

FISCAL IMPACT:

The Project is an established Capital Improvement Project[1] with an approved CIP budget total of $1,579,962 to complete the design, bid, and construction phases. As detailed below, the total expenditure for the project is approximately $1,527,780.23. Approximately $1,145,835.17, which is 75% of the total project cost, is funded by CalOES. The City is required to contribute a matching fund $381,945.06, which is 25% of the total project cost and exceeds the allocated budget of $370,000 in the FY 2023-24 CIP budget. To close out the project requires an additional appropriation of $11,945.06 from the General Fund to meet the 25% local match requirement.

Design and Construction Support During Construction (Freyer & Laureta)
$ 298,600.00
Grant Support (Freyer & Laureta) $ 15,000.00
Construction Management and Inspection (Tanner Pacific) $ 191,939.00 Staff Project Management and Administrative Costs $ 51,000.00 119 of 231
Honorable Mayor and Members of the City Council
December 12, 2023

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7 0
6 Construction Contract (Golden Bay Construction, Inc.) $ 955,241.23 Reproduction and Advertisement $ 16,000.00
Estimated Total Project Cost $ 1,527,780.23
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 Spyglass Storm Drain Improvement Project as complete; • Authorizing the filing of notice of completion with the San Mateo County Recorder’s Office;
• Authorizing release of the construction contract retention in the amount of $47,762.06; and
• Appropriating $11,945.06 from the General Fund
ALTERNATIVES:

1. 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
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RESOLUTION NO. 2023 - ___

A RESOLUTION
• ACCEPTING THE SPYGLASS STORM DRAIN IMPROVEMENT PROJECT AS COMPLETE;
• AUTHORIZING THE FILING OF NOTICE OF COMPLETION WITH THE SAN MATEO COUNTY RECORDER’S OFFICE;
• AUTHORIZING RELEASE OF THE CONSTRUCTION CONTRACT RETENTION IN THE AMOUNT OF $47,762.06; AND
• APPROPRIATING $11,945.06 FROM THE GENERAL FUND
WHEREAS, the storm system near the vicinity of Spyglass Drive has overflowed during intense storm events; and
WHEREAS, over the years, approximately eight properties within the Spyglass Drive neighborhood experienced multiple flooding events that included property damage; and WHEREAS, in October 2017, staff submitted an application to California Office of Emergency Services (CalOES) as part of the Hazard Mitigation Grant Program for FEMA DR- 4305 to request funding for both design and construction of improvements to the Spyglass Drive storm drain system; and
WHEREAS, the City was awarded the CalOES grant in 2021 in the amount of $1,209,962.25, with a required 25% local matching fund contribution of $403,320.75; and WHEREAS, the construction of the Spyglass Drive Storm Drain Improvements Project (“Project”) will provide residents within the Spyglass Drive neighborhood a more reliable storm infrastructure system by increasing the capacity of the storm drain system; and WHEREAS, on March 22, 2022, the City Council approved a construction contract with Golden Bay Construction, Inc. in the amount of $805,310.25 with a construction contingency of $120,800; and
WHEREAS, concurrent to the award of construction contract, the City Council authorized an agreement with Tanner Pacific, Inc. for the construction management and inspection of the Project in an amount not to exceed $99,254; and
WHEREAS, on April 25, 2023, the City Council approved an amendment to the Agreement with Tanner Pacific, Inc. in the amount not to exceed $92,685; and WHEREAS, Golden Bay Construction, Inc. began the Project in September 2022; 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 total expenditure for the project is approximately $1,527,780.23; 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 $47,762.06 upon the acceptance of the project as complete.

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

ATTAHMENT 1
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• Accepts the Spyglass Storm Drain Improvement Project as complete; • Authorizes the filing of a Notice of Completion with the San Mateo County Recorder’s Office;
• Authorizes release of the construction contract retention in the amount of $47,762.06; and • Appropriates $11,945.06 from the General Fund
---oOo---
I hereby certify that foregoing Resolution No. 2023 - ______ was introduced and adopted by the San Bruno City Council at a regular meeting on December 12, 2023, by the following vote:

AYES:

NOES:

ABSENT:

Lupita Huerta, City Clerk
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1 PUBLIC WORKS DEPARTMENT
Capital Improvement Program
Project Acceptance Information Form
As of November 29, 2023
Contract Name: Spyglass Ave Storm Drain
Improvements Contract No.: 21011
Construction Contractor: Golden Bay Construction, Inc.

Construction
Management and
Inspection Services
Tanner Pacific, Inc.

ATTACHMENT 2
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2 Project Information:

Project Description:

This Project consists of installing 5 new storm drain catch basins and replacing approximately 1,000LF of the existing storm drain system on Spyglass Drive consisting of pipe diameters ranging from 12” to 42”. A 150LF of 36” pipeline between Sharp Park Drive and Spyglass Drive was also relined for repair and to increase flow capacity.

Construction
Contract Award: Golden Bay Construction – March 22, 2022 Start of
Construction: September 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 directly related to the storm events from January through March 2023. The change orders included work related to water main relocations and water service reconnections, change of storm drain material and alignment required for adequate clearance to existing utilities, removal and relocation of sewer laterals, removing conflicting unknown utilities, demolition and replacement of a fence as a result of the storm drain alignment, and providing special non-slip trench plats due to the excessive winter rains. The change orders with quantities adjustment totaled $149,930.98.

Substantial
Completion: May 2023
Final Completion: May 2023
Notice of
Completion: Scheduled for filing on December 15, 2023
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3 Construction Project Costs:

Budget Actual
AVAILABLE PROJECT FY23-24 CAPITAL BUDGET $ 1,579,962.00 $ - TOTAL PROJECT $ 1,491,649.25 $1,527,780.23
Design Contract (Freyer & Laureta) $ 298,600.00 $ 298,600.00 Grant Support (Freyer & Laureta) $ 15,000.00 $ 15,000.00 Staff Project Management (Design Phase) $ 60,000.00 $ 51,000.00 Construction Contract (Golden Bay Construction) $ 805,310.25 $ 805,310.25 Contingency $ 120,800.00
Contract Change Orders CCOs $ 149,930.98
Tanner Pacific Project and Construction Management and
Inspection (Construction Phase) $ 191,939.00 $ 191,939.00 Reproduction & Advertisement $ - $ 16,000.00
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Chief Financial Officer
SUBJECT: Consider Adoption of an Ordinance Entitled “Ordinance of the City Council of the City of San Bruno Repealing Water Rates and Service Charges Adopted by Ordinance No. 1853, Making Conforming Changes in Chapter 10.14, and Determining that Such Actions Are Exempt from CEQA”
BACKGROUND:

City Council voted unanimously to introduce, read by title only and waive further reading of the subject ordinance at its November 14, 2023 meeting1. The vote causes staff to return with an action to adopt the recommended ordinance at the December 12, 2023 meeting.

DISCUSSION:

As a part of the City’s periodic review of utility service, the City Council received presentations and provided direction on both water and water services charges at its February 28, 2023 meeting. With direction from the meeting, City staff initiated the required public hearing processes to adjust water services charges on September 12, 2023 and presented recommended increases to the current service charges to the City Council on November 14, 2023. City Council voted to adopt the recommended rates, which take effect on January 1, 2024.

To complete the rate adjustment process, City staff recommends the adoption of an ordinance to rescind the service charges currently in effect, which were adopted in 2017 by Ordinance No. 1853, and make conforming changes in Chapter 10.14. The recommended ordinance for taking these actions was introduced on November 14 and is provided as Attachment 1. No changes have been made to the ordinance since introduction. If adopted, the ordinance would be effective in 30 days.
1 https://www.sanbruno.ca.gov/AgendaCenter/ViewFile/Agenda/_11142023-1988 Item 7k
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Honorable Mayor and Members of the City Council
December 12, 2023

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0 FISCAL IMPACT:

The recommended ordinance completes authorization to implement the water rates adopted by Resolution No. 2023-122, Attachment 2, on November 14, 2023. Resolution No. 2023-122 is necessary to ensure adequate funding to Water Enterprise for the continued delivery of safe and reliable water services.

ENVIRONMENTAL IMPACT:

The adoption of the ordinance related to water rate increases is statutorily exempt from the requirements of the California Environment Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15273 in that it relates to the establishment of rates and fees.

RECOMMENDATION:

Consider adoption of an ordinance entitled “Ordinance of the City Council of the City of San Bruno Repealing Water Rates and Service Charges Adopted by Ordinance No. 1853, Making Conforming Changes in Chapter 10.14, and Determining that Such Actions Are Exempt from CEQA.”
ALTERNATIVES:

1. Do not adopt the ordinance. The City Council may reject the recommended ordinance. Such action would reverse the five-year rate structure approved by Resolution No. 2023-122 and compromise the Water Enterprises’ ability to fund necessary capital investments and annual operating costs.

2. Direct staff to make modifications to the ordinance; substantive modifications will require reintroduction at a subsequent meeting and would delay implementation of the water rate increases.

ATTACHMENTS:

1. Ordinance

2. Resolution No. 2023-122
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2 1
1 8
ORDINANCE NO. ______

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO
REPEALING WATER RATES AND SERVICE CHARGES ADOPTED BY ORDINANCE NO. 1853, MAKING CONFORMING CHANGES IN CHAPTER 10.14 AND DETERMINING THAT SUCH

ACTIONS ARE EXEMPT FROM CEQA
The City Council of the City of San Bruno does ordain as follows:

Section 1. The City Council of the City of San Bruno finds:

A. Pursuant to Article XI, Section 7 of the California Constitution and San Bruno Municipal Code Chapter 10.14 (Water), the City Council adopted Ordinance No. 1853 on May 23, 2017, to prescribe, revise and collect fees, tolls, rates, rentals or other charges in connection with the water system within the City of San Bruno (the “Water Rates and Service Charges”).

B. Increases in Water Rates and Service Charges are necessary because of deteriorating infrastructure and facilities; increasing county, state and federal regulatory controls; and other increasing costs, including labor, supplies and equipment.

C. On October 11, 2022, the City Council adopted Ordinance No. 1932 to amend Section

10.08.020 of the San Bruno Municipal Code to provide that rates and charges for municipal services, which includes Water Rates and Service Charges, may be established by resolution or ordinance.

D. The City desires to revise its Water Rates and Service Charges, by resolution, as authorized pursuant to Section 10.08.020, which requires the repeal of Water Rates and Service Charges adopted by Ordinance No. 1853 and conforming changes in Chapter 10.14.

Section 2. Ordinance No. 1853 is hereby repealed in its entirety.

Section 3. Section 10.14.010 is hereby deleted in its entirety.

Section 4. The adoption of this ordinance is statutorily exempt from the requirements of the California Environment Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15273 in that it relates to the establishment of rates and fees.

Section 5. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, causes or phrases be declared invalid or unconstitutional.

Section 6. This Ordinance shall be published according to law and become effective thirty (30) days from and after its adoption.
_______________________________
ATTEST: Rico E. Medina, Mayor
ATTACHMENT 1
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2 1
1 8
_________________________________
Lupita Huerta, City Clerk APPROVED AS TO FORM:
_______________________________
Trisha Ortiz, City Attorney
--oOo--
I hereby certify that foregoing Ordinance No. ____
was introduced at a regular meeting of the San Bruno City Council on November 14, 2023, and adopted by the San Bruno City Council at a regular meeting on _________, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_______________________________
Lupita Huerta, City Clerk
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ATTAHMENT 2
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131 of 231
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Ryan Johansen, Police Chief
SUBJECT: Consider Adoption of a Resolution Authorizing the City Manager to Execute an Extension of the Agreement with Flock Safety for the Ongoing Subscription Services Associated with Automated License Plate Reader Cameras for Five (5) Additional Years, in an Amount Not to Exceed $250,000
BACKGROUND:

For several years now, the San Bruno Police Department has contracted with Flock Safety to provide stationary Automated License Plate Reader cameras and image analysis services. At present, this contract renews annually and includes twenty (20) ALPRs at a cost of $2,500/year/camera.

In November, Flock Safety notified the Police Department that their annual fee would be increasing to $3,500/year/camera as of January 1, 2024. Due to our long-standing partnership as a charter agency, Flock Safety offered to enable us to lock-in our current pricing and avoid the pending increase for the next five (5) years by committing to a new five (5) year contract.

DISCUSSION:

As has been reported to the City Council on several occasions, the Flock Safety ALPR program in San Bruno has been a tremendous success, resulting in hundreds of apprehensions and closed criminal investigations. The City has conventionally renewed the Flock Safety agreement in one-year increments at the start of each new fiscal year through an appropriation in the Operating Budget, which will be the continued intention to do once again at the conclusion of the current fiscal year.

Flock Safety has informed the Police Department that on January 1, 2024, it will be increasing its fees for all subscribers from $2,500/year/camera to $3,500/year/camera. It is worth noting that this is the first time since we began doing business together that Flock has increased its fees. The Police Department currently has twenty (20) cameras with Flock Safety, which means that this increase will cost the City at least an additional $20,000 per year to maintain its current service levels.

Given its longstanding partnership with the San Bruno Police Department, Flock Safety has offered us the opportunity to lock-in our current pricing and avoid the system-wide increase for Item 7l
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Honorable Mayor and Members of the City Council
December 12, 2023

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6 3
0 the next five (5) years. This will save the City a minimum of $20,000/year, or at least $100,000 over the five (5) year term of the contract.

The City Council is being requested to adopt a resolution that would authorize the City Manager to enter into a five (5) year contract extension with Flock Safety, in an amount not to exceed $250,000. There will be no other changes in agreement terms. The proposed contract amendment amount will cover future years of the expenditure, which would be reviewed and then considered to be authorized annually in the budget. It is important to note that the draft contract with Flock Safety includes a non-appropriation clause, which provides the City with the ability to modify or terminate the contract in the case of a non-appropriation of funds.

FISCAL IMPACT:

There is no fiscal impact for FY2023-24, as there are sufficient funds allocated in the Adopted FY2023-24 Operating Budget to pay for this expenditure.

Adopting this Resolution authorizes a five (5) year contract extension with Flock Safety at a cost of $50,000/year, or $250,000 total, for the current twenty (20) ALPR camera system, effective July 1, 2024. As mentioned above, this will be reviewed and then considered to be authorized annually in the budget.

Without adopting the proposed Resolution, continuing our existing ALPR services through the end of the current fiscal year will cost the City $10,000 more than the appropriation in the current budget, requiring a mid-year budget increase. Additionally, the Police Department plans to request an additional appropriation in subsequent fiscal years to continue these services, just as it has done for the last several cycles. Without adopting this resolution, each subsequent year will cost the City at least $20,000 more than the current cost, or at least $100,000 more over the five (5) year term.

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 authorizing the City Manager to execute an extension of the agreement with flock safety for the ongoing subscription services associated with automated license plate reader cameras for five (5) additional years, in an amount not to exceed $250,000.

ALTERNATIVES:

1. Do not adopt the resolution.

ATTACHMENTS:

1. Resolution
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RESOLUTION NO. 2023-
A Resolut
ion Authorizing the City Manager to Execute an Extension of the Agreement with Flock Safety for the Ongoing Subscription Services Associated with Automated License Plate Reader (ALPR) Cameras for Five (5) Additional Years, in an Amount Not to Exceed $250,000 WHE
REAS, the Flock Safety ALPR program in San Bruno has been a tremendous success, resulting in hundreds of apprehensions and closed criminal investigations; and WHERE
AS, the City Council previously authorized the City Manager to execute a contract with Flock Safety for Automated License Plate Reader (ALPR) cameras and services in the amount of $50,000 for FY 2023-24; and
WHE
REAS, this is an ongoing contract and the budget appropriation for this contract is approved annually in the budget; and
WHE
REAS, Flock Safety notified the Police Department that their annual fee would be increasing from $2,500/year/camera to $3,500/year/camera as of January 1, 2024; and WHE
REAS, Flock Safety offered to enable San Bruno to lock-in its current pricing and avoid the pending increase for the next five (5) years by committing to a new five (5) year contract; and
WHE
REAS, extending the current contract with Flock Safety for an additional five (5) years will save the City approximately $100,000 over the span of the contract.

NOW
, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to Execute an Extension of the Agreement with Flock Safety for the Ongoing Subscription Services Associated with Automated License Plate Reader (ALPR) Cameras for Five (5) Additional Years, in an Amount Not to Exceed $250,000
---o
Oo---
I her
eby certify that foregoing Resolution No. 2023 - ______ was introduced and adopted by the San Bruno City Council at a regular meeting on __________, by the following vote:

AYES: Counci
lmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

Lupita Huerta, City Clerk
ATTACHMENT 1
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE
: December 12, 2023
TO: H
onorable Mayor and Members of the City Council
FR
OM: Alex D. McIntyre, City Manager
PREPA
RED BY: Travis Karlen, Community Services Director
SUBJ
ECT: Consider Adoption of a Resolution Authorizing the City Manager to Procure Fitness Equipment for the New Recreation and Aquatic Center in the Amount of $164,318
BACKG
ROUND:

The new R
ecreation and Aquatics Center (RAC) located in San Bruno City Park is nearing completion. The facility will feature indoor and outdoor pools, classrooms, a community room equipped with a catering kitchen, gymnasium, walking track, fitness areas and additional amenities.

The fitness areas will be comprised of an open studio space and a 2,600 square foot weights and cardio room furnished with equipment such as treadmills, bikes, stair steppers, ellipticals, a diverse selection of free weights, circuit weight equipment and accessories.

In anticipation of the opening of the RAC in early 2024, the City advertised a Request for Proposals (RFP) for Cardio and Weight Room Fitness Equipment on August 7, 2023. The bids were deemed insufficient, and bids were rejected on October 27, 2023. An RFP was re- advertised on October 30, 2023.

DIS
CUSSION:

Sol
icitation of proposals closed on November 22, 2023. Staff received proposals from eight companies for the purchase of fitness equipment. After an evaluation of submitted proposals, staff deemed two of the proposals substantially incomplete. The remaining six proposals were evaluated based on the following criteria.
• Pr
ice
• Qualification, Experience and History of Company
• Warranty
• Timeline for Equipment Delivery
• Proposed Layout of Weight Floor
• Ability to deliver equipment with modern entertainment functions • Ability to demonstrate equipment suited for a commercial use, state of the art facility Item 7m
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A summary of proposals is as follows. Please note that this is a total number based off a comparable list price of all products that can be considered in a layout. The two finalists refined layouts and provided final quotes.

Vendor Amount
Advanced Exercise: $285,713
Balance Fitness: $230,651
BodyKore: $117,380
Combat Brands: $ 72,603
Fitness Superstore: $106,742
Gym Doctors: $120,113
Juke Performance: $ 72,288
Weights & Bars: $178,036

The top two vendors, Balance Fitness and Weights & Bars, based on a review of the proposals received, were invited to meet with staff on Tuesday, November 28 th. Each vendor observed the
space to understand the potential flow and ask questions regarding usage and goals for the fitness area. As the next step in the evaluation process, the top two vendors were asked to provide an updated layout and recommendations based on their proposals.

Based on the in-person meeting, proposed layout, overall cost, ability to meet delivery timeline, and equipment brands offered, staff is recommending purchasing the RAC Fitness Equipment from Balance Fitness in the amount of $164,318 (Attachment 2).

Balance Fitness was selected based on overall value provided with equipment including cost efficiency and quality, ability to meet delivery timeline, equipment brands that align with the goals of the facility, equipment warranty and potential long-term relationship for maintenance and upkeep of equipment. Balance Fitness will be available at no additional cost during the grand opening event for demonstrations. In addition, they offer quarterly on-site health and wellness days to provide group and individual sessions.

Equipment purchased from Balance Fitness carries the following warranties:

• Treadmills Frame-Lifetime; Motor & Parts 5 yrs; Labor- 2 yrs • Ellipticals Frame & Parts 3 yrs; Labor 1 yr
• Recumbent Bike Frame Lifetime; Motor & Parts 5 yrs; Labor-2 yrs • Upright Bike Frame Lifetime; Parts-5 yrs; Labor-2 yrs • Rowing Machine Frame 10 years; Parts 3 yrs; Labor-1 yr • Stairmaster Frame 10 years; Parts & Labor-3 yrs
• Weight Machines Frame 10 yrs; Moving Parts 5 yrs; Bearings/Pulleys-3 yrs

FISCAL IMPACT:

The costs for the fitness equipment are included in the approved furniture and equipment budget for the Recreation and Aquatic Center Project Budget. The approved budget has a remaining balance of $209,600, which is sufficient to procure the fitness equipment as proposed.

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ENVIRONMENTAL IMPACT:

There i
s no environmental impact with this item. 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.

RECO
MMENDATION:

Adopt
a Resolution authorizing the City Manager to procure fitness equipment for the RAC in the amount of $164,318 (Attachment 1)
AL
TERNATIVES:

1. Do no
t adopt the resolution.

2. Provide alternative direction regarding the procurement of fitness equipment for the RAC.

ATT
ACHMENTS:

1. Res
olution

2. Fitness Equipment Quote and Information for Purchase from Balance Fitness 137 of 231
RESOLUTION NO. 2023 – ___

A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCURE WEIGHT AND

CARDIO FITNESS EQUIPMENT FOR THE NEW RECREATION AND AQUATIC CENTER IN THE AMOUNT OF $164,318, CITY PROJECT NO. 51009
WHEREAS, the City of San Bruno has undertaken the construction of a new Recreation and Aquatic Center; and
WHEREAS, the City Council has approved funds for the purchase of the furniture and fitness equipment necessary for the Recreation and Aquatic Center during the construction bidding process; and
WHEREAS, City staff solicited RFP’s for the purchase of weight and cardio fitness equipment. The fitness areas will be furnished with equipment such as treadmills, bikes, stair steppers, ellipticals, a diverse selection of free weights, circuit weight equipment and accessories; and
WHEREAS, the total remaining budget for furniture and equipment for the Recreation and Aquatic Center is $209,600. This amount is sufficient to fund the purchase of these furnishings of $164,318.

NOW, THEREFORE, BE IT RESOLVED, that the San Bruno City Council hereby authorizes the City Manager to procure the equipment through a competitive procurement process in the amount of $164,318.
-oOo-
I, hereby certify that the foregoing Resolution No. 2023-___ was introduced and adopted by the San Bruno City Council at a regular meeting on December 12, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
___________________________________
Lupita Huerta, City Clerk
ATTACHMENT 1
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ATTACHMENT 2
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matthew Lee, P.E., Public Works Director
Harry Yip, P.E., Senior Civil Engineer
SUBJECT: Consider Adoption of an Ordinance Entitled, “ An Ordinance of the City of San Bruno Amending Chapter 7.16 (Stopping, Standing and Parking) of Title 7 (Vehicles and Traffic) of the San Bruno Municipal Code to Add Regulations to Allow Parking in Intersections Adjacent to the Curbs, and Making a Finding of Exemption under CEQA”
BACKGROUND:

At the November 14, 2023 City Council Meeting, the City Council introduced, read by title only and waived further reading of an ordinance entitled “An Ordinance of the City of San Bruno Amending Chapter 7.16 (Stopping, Standing and Parking) of Title 7 (Vehicles and Traffic) of the San Bruno Municipal Code to Add Regulations to Allow Parking in Intersections Adjacent to the Curbs, and Making a Finding of Exemption under CEQA”
DISCUSSION:

The purpose of this consent calendar agenda item is to consider adoption of an ordinance amending the San Bruno Municipal Code to provide the City flexibility in allowing parking within an intersection. The California Vehicle Code (“CVC”) prohibits parking within an intersection except along adjacent curbs as permitted by local ordinance. An intersection, in this case, is defined by the CVC as the prolongation of the lateral curb lines of two streets. Since no such ordinance exists in the current City of San Bruno Municipal Code, an ordinance would need to be approved by the City Council. However, because not every intersection is the same, staff does not recommend allowing a blanket ordinance city-wide. Instead, staff recommends the ordinance to allow City Council to allow parking for specific intersections as reviewed and recommended by staff for approval by City Council via a resolution.

FISCAL IMPACT:

There is no fiscal impact from adoption of the ordinance.

ENVIRONMENTAL IMPACT:

The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that modifications of parking prohibitions would have a significant effect on the environment. (Public Resources Code Section Item 7n
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6 9
6 15061(b)(3) and the modification of parking prohibitions are exempt from CEQA pursuant to Class 1 exemption for existing facilities, which include existing highways, streets, and sidewalks, and alterations thereto. (California Code of Regulations 15301 (c).) RECOMMENDATION:

Adopt an Ordinance entitled, “An Ordinance of the City of San Bruno Amending Chapter 7.16 (Stopping, Standing and Parking) of Title 7 (Vehicles and Traffic) of the San Bruno Municipal Code to Add Regulations to Allow Parking in Intersections Adjacent to the Curbs, and Making a Finding of Exemption under CEQA.”
ALTERNATIVES:

1. Do not adopt the ordinance.

2. Direct staff to make modifications to the ordinance; substantive modifications will require reintroduction at a subsequent meeting.

ATTACHMENTS:

1. Ordinance
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING CHAPTER 7.16 (STOPPING, STANDING AND PARKING) OF TITLE 7 (VEHICLES AND TRAFFIC) OF THE SAN BRUNO

MUNICIPAL CODE TO ADD REGULATIONS TO ALLOW PARKING IN INTERSECTIONS

ADJACENT TO THE CURBS UNDER SPECIFIED CIRCUMSTANCES, AND MAKING A

FINDING OF EXEMPTION UNDER CEQA
WHEREAS, California Vehicle Code (CVC) Sections 22500 through 22526 provides rules for parking on public streets throughout the state of California; WHEREAS, CVC Section 22500 prohibits parking within an intersection unless permitted by a local ordinance;
WHEREAS, parking spaces in certain neighborhoods of the City are heavily occupied; WHEREAS, the City desires to amend Chapter 7.16 of the San Bruno Municipal Code to authorize parking within an intersection under specified conditions pursuant to CVC Section 22500.

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

Section 1. A new Section 7.16.045 (Parking in Intersections) is hereby added to Chapter 7.16 (Stopping, standing and parking) of Title 7 (Vehicles and Traffic) of the San Bruno Municipal Code to read as follows:

Pursuant to the authority granted under Section 22500 of the California Vehicle Code, a person may park within an intersection adjacent to the curb, for any such intersection that the City Council has found, by resolution, that the width of the highway and traffic conditions are such that parking will not constitute a traffic hazard or impede the free flow of traffic.

Section 2. The City Council finds and determines that this ordinance is exempt from the California Environmental Quality Act because it can be seen with certainty that there is no possibility that the parking regulations would have a significant effect on the environment. (Pub.

Res. Code Sec. 15061(b)(3).) and the parking regulations are exempt from CEQA pursuant to a Class 1 exemption for existing facilities, which includes existing highways, streets, and sidewalks, and alterations thereto. (14 Cal. Code Regs. 15301 (c).).

Section 3. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the ordinance. The city council hereby declares that it should have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 4. This ordinance shall take effect and be in force 30 days after its adoption.

ATTACHMENT 1
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ORDINANCE OF THE CITY OF SAN BRUNO TO ADD REGULATIONS TO ALLOW PARKING

IN INTERSECTIONS ADJACENT TO CURBS THE CITY

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2 1
0 8
Section 5. 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 November 14, 2023,
and adopted at a regular meeting of the San Bruno
City Council on December 12, 2023, by the
following vote:

AYES:

NOES:

ABSENT:

RECUSE:
_________________________
Lupita Huerta, City Clerk
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Cora Dino, Chief People Officer
SUBJECT: Consider Adoption of a Resolution Approving a Side Letter of Agreement to the Memorandum of Understanding between the City of San Bruno and the Fire Bargaining Unit and Authorizing Execution by the City Manager BACKGROUND:

On April 26, 2022, the City Council adopted a resolution approving an agreement between the City of San Bruno and Fire Bargaining Unit and authorized it be executed by the City Manager. The tentative agreement, which was signed by the bargaining unit and the City’s external chief negotiator in March 2022, was attached to the resolution which covered salary survey methodology, salary increases, market equity adjustments, Health and Welfare benefits, the addition of a Fire Inspector classification and the term of the agreement, extending the Memorandum of Understanding (MOU) through December 2025.

When the successor MOU was about to be signed in April 2023, both the union and Fire Chief indicated that the Education/Certification Incentive Value under the Fire Service Education and Certification Incentive Pay Program in the MOU did not reflect a long standing practice of paying covered job classifications 2% incentive pay for cardiopulmonary resuscitation (CPR) and Automated External Defibrillator (AED) certifications when they had these certifications.

Additionally, nomenclature of 70% of certifications were outdated.

DISCUSSION:

In labor contract negotiations, the City and union are free to present proposals for consideration by each party to clarify, clean up, or propose or modify new language. Based on the tentative agreement that was reached in spring of 2022, the Fire Service Education and Certification Incentive Program provision was not referenced. Former City Chief Negotiator indicated the CPR and AED certifications were not discussed in labor negotiations and therefore not included.

The City pays employees in covered job classifications who have the CPR and AED 2%, however the MOU states: 1% for American Red Cross or American Heart Association Instructor with no mention of CPR or AED. This incentive is intended to cover CPR and AED certifications. To ensure the MOU is consistent with how employees in the covered job classifications are actually being paid, the MOU should be updated.

Both the Fire Chief and Union Fire President agree that the Education/Certification Incentive Value provision, namely the America Red Cross or American Heart Association Instructor with a Item 7o
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corresponding 1% incentive pay is not consistent with the how employees are getting paid over the last decade. To address this matter, a Side Letter to the MOU has been prepared to ensure the CPR and AED reflects current practice. This means the 1% will be changed to 2% on the Education/Certification Incentive Value provision.

Occasionally, certifying authorities, like the California State Fire Training or Office of State Fire Marshal may have changes to nomenclature and course equivalency or reciprocity. The Department's intent is to follow the most current certifications titles through these certifying agencies. It is also the department’s intent that a current employee who is receiving a certification that is phased out will continue to receive the certification pay as long as the certification has not expired. It is also the Department’s intent to ensure that if an employee possessed a legacy certification and then obtained an updated certification, and the two are equivalent, the employee would only receive payment for one of the certifications.

FISCAL IMPACT:

The City has budgeted and is currently paying the incentives at the rate of 2% therefore action on this item does not require changes to the City’s budget.

ENVIRONMENTAL IMPACT:

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

RECOMMENDATION:

Adopt Resolution Approving a Side Letter to the Successor MOU between the City of San Bruno and the Fire Bargaining Unit and Authorizing Execution by the City Manager.

ALTERNATIVES:

Do not approve the side letter to the MOU and direct the negotiating team to seek changes or begin mediation discussions.

ATTACHMENTS:

1. Resolution

2. Side Letter of Agreement to the Successor Fire MOU
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2 1
3 7
RESOLUTION NO. 2023 –

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

ADOPTING A RESOLUTION APPROVING A SIDE LETTER OF AGREEMENT

TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

SAN BRUNO AND THE FIRE BARGAINING UNIT
WHEREAS, on April 26, 2022, the City Council adopted a resolution approving an agreement between the City of San Bruno and the Fire Bargaining Unit; and
WHEREAS, during the labor contract negotiations that resulted in the agreement, Education/Certification Incentive Values were not discussed; and WHEREAS, the Fire Chief and Fire Bargaining Unit Union President indicated an inconsistency with payment of the CPR/AED incentive corresponding to the currently stated Education/Certification Incentive Value; and WHEREAS, certifying authorities may occasionally change nomenclatures causing the Education/Certification Incentive Value to be outdated; and WHEREAS, the City wants to ensure consistency and proper administration of Education/Certification Incentive Values; and WHEREAS, staff has prepared a Education/Certification Incentive Value that will supersede the current Education/Certification Incentive Value section of the MOU; and
NOW, THEREFORE, BE IT RESOLVED, that the San Bruno City Council hereby approves the Side Letter of Agreement to the Fire MOU updating the Education/Certification Incentive Value section of the MOU. --oOo—
I hereby certify the foregoing Resolution No. _____ was introduced and adopted by the San Bruno City Council, at a regular meeting on December 12, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
________________________________
ATTACHMENT 1
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Lupita Huerta, City Clerk
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1 SIDE LETTER OF AGREEMENT

TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SAN BRUNO
AND SAN BRUNO PROFESSIONAL FIREFIGHTERS’ ASSOCIATION TEAMSTERS LOCAL 856, IBT

UPDATING THE EDUCATION/CERTIFICATION

INCENTIVE VALUE SECTION OF THE MOU
The parties agree to the following addition under the Education/Certification Incentive Value Section of the MOU, contingent on final approval by the City Council:

EDUCATION/CERTIFICATION INCENTIVE VALUE
(Supersedes Education/Certification Incentive Value in the Fire MOU) December 12, 2023

CURRENT TITLE REVISED TITLE CURRENT

PERCENTAGE

REVISED

PERCENTAGE

DEGREES
BA/BS Degree
In Fire Science, Business, Management,
Public Administration, or closely related
program

4.0%
Master’s Degree
In Fire Science, Business, Management,
Public Administration, or closely related
program
6% (includes 4% for
BA/BS) 2.0%

OFFICER
Chief Officer Certification Chief Fire Officer

3.5%
Fire Officer Certification Company Officer

3.0%

INSTRUCTOR
Fire Instructor I Certification Fire and Emergency Services Instructor 1

1.0%
Fire Instructor II Certification Fire and Emergency Services Instructor 2

1.0%
Fire Instructor III Certification Fire and Emergency Services Instructor 3

1.0%
Master Instructor (or Level III
Instructor) Certification 3.50%

DRIVER/OPERATOR
Driver Operator Certification Fire Apparatus Driver/Operator – Pumping Apparatus 2.0%

HAZARDOUS MATERIALS
Hazardous Materials Technician
Certification 1.0%
Hazardous Materials Specialist
Certification 1.0%

CPR/AED
American Red Cross or American
Heart Association Instructor
CPR & AED Instructor

1.00% 2.0%
ATTACHMENT 2
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2 TRUCK OPERATIONS
Confined Space Rescue Technician

1.0%
Low Angle Rope Rescue Operational RRAO – Rope Rescue Awareness Operations

0.5%
Trench Rescue

0.5%
Rescue Systems I Certification

1.0%
Rescue Systems II Certification

1.0%
WILDLAND Courses Recommended
for Wildland Deployments
S-200 Initial Attach Commander

0.5%
S-231 Engine Boss

0.5%
S-234 Field Observer

0.5%
S-215 Wildland Urban Interface

0.5%
S-290 Intermediate Wildland Fire
Behavior

1.0%
S-300 Extended Attach Commander S-300 Extended Attack Incident Commander

0.5%

EOC OPERATIONS
S-359 Medical Unit Officer S-359 Medical Unit Leader

0.5%
S-404 Safety Officer

0.5%
S-346 Situational Unit Leader S-346 Situation Unit Leader

0.5%
S-349 Resource Unit Leader

0.5%

FIRE INVESTIGATION
Fire Investigation Certification (Level
I)
Qualified Fire Investigator (California
State Fire Marshal)

1.0%

2.0%
Fire Investigation Certification (Level
II)

1.0%
Explosives Recognition and
Reconnaissance
Explosives Recognition & IED
Exploitation (ERIE)

1.0%
Fire Prevention Officer Certification Fire Inspector I

1.0%
Fire Protection Specialist Certification Fire Inspector II

1.0%
Plans Examiner Certification Plans Examiner

1.0%
Fire Marshal Certification Fire Marshal

1.0%
Public Education Officer I Fire and Life Safety Educator

1.0%
Fire Arson Detection

0.5%
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3 All other terms and conditions of the MOU not specifically modified by this Side Letter Agreement shall remain in full force and effect.

CITY OF SAN BRUNO UNION
___________
Alex D. McIntyre, City Manager Peter Finn, Secretary-Treasurer, Teamsters 856 IBT
______________________________ ___________________________________ Date Date
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Trisha Ortiz, City Attorney
SUBJECT: Consider Introducing, Reading by Title Only and Waiving Further Reading of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Title 8 (Streets, Sidewalks, and Rights-of-Way) and Amending Chapter 13 (Inspection, Repair And Replacement Of Private Sewer Laterals) Of Title 10 (Municipal Services) As Part Of A Comprehensive Update and Finding Such Actions Exempt From The California Environmental Quality Act”
BACKGROUND:

At its meeting on October 9, 2018, the City Council directed staff to work with the City’s code publisher, Quality Code Publishing (“QCP”), to conduct a technical review of the City’s Code, and recommend amendatory actions. It is intended that this comprehensive Municipal Code update occur on an iterative based. The City Council has already adopted amendments to Titles 1 through 7. This report addresses recommended amendments to Title 8, Streets, Sidewalks, and Rights-of-Way.

DISCUSSION:

The proposed amendments to Title 8, Streets, Sidewalks, and Rights-of-Way are as follows:

Chapter 8.04, Definitions.

Chapter 8.04 provides definitions for Title 8.

Section 8.04.015, City Engineer.

The “City Engineer” has responsibilities related to encroachments and utility undergrounding.

The amendment adds a definition for “City Engineer,” which is the deputy director of public works or other person appointed by the city manager to serve in that roll.

Section 8.04.025, Director of Community Services.

This section defines the term “Director of Community Services,” who has responsibilities related to trees in the City. The amendment includes their designee and therefore references to the designee have been removed throughout Title 8.

Section 8.04.040, Encroachment.

This section defines an “encroachment.” The amendment provides a broad definition that includes any obstruction on a City right-of-way.

Item 8a
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0 Section 8.04.100, Repair.
“Repair” is broadly defined as the construction, reconstruction, repair, replacement, restoration or improvements of any sidewalks or parkways. The revisions broadened the definition to include such improvement of streets and all infrastructure within the right-of-way. The term is used in the chapters that relate to the duty to repair sidewalks and the issuance of newsrack permits.

Section 8.04.130. Superintendent.

The amendment removes the definition of ”Superintendent” as it is not used in Title 8.

Chapter 8.08, Obstructions and Use Restrictions.

Chapter 8.08 concerns prohibited obstructions on streets, sidewalks, and rights-of-way. No person may place any obstruction on a street, sidewalk, or right-of-way.

Section 8.08.020, Obstructions – Merchandise displays, etc.

This section provides that it is illegal to place any obstruction on a sidewalk for the purpose of exhibition, display or advertisement. The amendment removes a provision that allows the Director of Public Works to grant permission for obstructions, as the permitting of obstructions is already addressed through the encroachment permit process.

Section 8.08.030, Playing games in streets prohibited.

This section makes it illegal to play games on a city street and allows the police to confiscate equipment used to play such games. The amendment removes this section, which specifically only prohibits against playing games on city streets because prohibited activities are broadly covered in other areas of the code and California law.

Chapter 8.12, Sidewalk and Parkway Maintenance.

Chapter 8.12 prescribes the maintenance obligations for sidewalks adjacent to private property.

This chapter places the duty to repair sidewalks on the adjacent property owner and provides a process by which the City can request repairs by the property owner or make the repairs itself and then collect the costs from the property owners. The provisions in Chapter 8.12 closely mirror the enabling statutes in the California Streets and Highways Code.

Section 8.12.060, Repair by director of public works when.

This section provides the authority to the Director of Public Works to perform the work and recover the cost from the property owner when a property owner does not complete the necessary repairs on the adjacent sidewalk following notice from the City. The amendments clarify that the references to “Director” in this section are references to the “Director of Public Works.

Section 8.12.090, Records of director of public works.

This section requires the Director of Public Works to keep permanent records of the notices to repair a sidewalk and the associated costs incurred by the City for performing the work, if applicable. The amendment removes the provision that requires the Director of Finance to mail a statement of this information to the property owner because this is duplicative of the required notice that the Director of Public Works provides the property owner immediately upon completion of the work.
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0 Chapter 8.16, Encroachment permits.

This chapter concerns permitted encroachments on city streets and rights-of-way. The chapter outlines the conditions and processes to issue an encroachment permit for the Director of Public Works.

Section 8.16.010, Permit – Required.

This section requires a permit for any encroachments. The amendments prohibit for five years any cuts in a street that has been resurfaced with 0.10 feet thickness or greater with asphalt.

Similarly, the amendments prohibit for two years any cuts after significant maintenance projects, such as seal coat, slurry seal and chip seal. Further, the amendments provide conditions under which the City Engineer may provide an exception from the moratorium, including when: (i) the work is mandated by city, county, state or federal legislation or is required as a condition of approval to a city issued development permit, (ii) the work is required to provide utility services and there is no other reasonable means of providing such service, (iii) the work is limited to exploratory potholes to verify utility depth or location, (iv) the work is limited to excavations that are essential components of a regional project that will provide substantial public benefit, or (v) public health, safety or welfare requires the work be done before the applicable five-year or two- year limitation.

Section 8.16.030, Cash deposit or faithful performance bond – Required.

This section requires the deposit of cash or a performance bond as security for the completion of work authorized by an encroachment permit. The amendment allows the Director of Public Works to accept such security on an annual basis, to cover encroachment work expected to occur during a twelve-month period.

Section 8.16.040, Permit--Terms and conditions.

This section authorizes the director of public works to impose any reasonable terms and conditions upon the issuance of an encroachment permit. The amendment removes the term reasonable because that is an implied requirement.

Section 8.16.060, Standards for encroachments.

This section sets the standards for work requiring an encroachment permit and specifies that such work must conform to the most recently adopted edition of the City’s standard specifications. The amendment broadens the standards to include any standard specifications approved by the City Engineer or standards required by other applicable laws, regulations, guidelines or policies of the City.

Chapter 8.24, Street Trees and Other Plantings.

Chapter 8.24 concerns street trees and other plantings in and along the city streets. This chapter provides for a master tree list and mechanisms to assure their proper planting, growth, and if needed, pruning and removal. A permit is needed to plant a tree on city property and to prune or remove one. The Director of Public Works is responsible for administering and enforcing the provisions of this chapter, as well as maintenance and planting programs and controls. The amendment shifts these responsibilities from the Director of Public Works to the Director of Community Services to reflect current practices.

Section 8.24.020, Street trees.

This section requires the Director of Public Works to designate trees, which are not infested with pests or disease, or hazardous to the public health and safety, or dangerous to public improvements and utilities, as official street trees species. Further, the Director of Public Works 172 of 231
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7 2
0 prepares a comprehensive master street tree list for all streets of the city where planting areas are available for trees. This section requires the City Council to annually review the list. The amendment shifts the responsibility for street trees to the Director of Community Services and eliminates the City Council’s annual review, to reflect the City’s current practices.

Section 8.24.060, Requirement for street trees.

This section provides that for any new building constructed, or any building addition amounting to twenty-five percent or more of the existing building square footage, or any remodeling of twenty-five percent or more of the existing building square footage, on any residential, commercial or industrial site, the Director of Public Works may require the planting of new street trees if none exist. The owner or developer of the site may be required to plant one thirty-six- inch box size tree for every fifty linear feet of parcel street frontage, or at least one thirty-six-inch box size tree for a parcel street frontage of less than fifty feet. The amendment shifts this responsibility from the Director of Public Works to the Director of Community Services and provides discretion for the Director of Community Services to require a smaller size tree.

Section 8.24.070, Removal permit.

This section requires a removal permit to cut, prune, remove, or interfere with any street tree or tree stake. The permit is granted based on specified criteria, including the condition of the tree, the need to remove the tree, the topography of the land, and the number of trees in the vicinity.

The amendment clarifies that the Director of Community Services has the sole discretion to determine whether or not to issue the removal permit based on these criteria.

Section 8.24.090, Tree replacement.

This section provides that the City will replace a street tree which has died or has been removed and specifies that the tree replacement shall be either two twenty-four-inch box size trees or one thirty-six-inch box size tree for each tree removed. The amendment specifies that the City “may” replace such trees. Further, the amendment provides that a replacement tree is required to be a thirty-six-inch box size tree, unless the Director of Community Services determines that conditions warrant a smaller size tree.

Section 8.24.100, Maintenance of other plantings.

This section provides that the City is not responsible for the maintenance of plantings, other than street trees, in or adjacent to, or overhanging any street. Similarly, Section 8.24.140 (Responsibility for other plantings) and Section 8.24.150 (Ground cover) provide that the abutting or underlying property owner is responsible for planting, maintenance and care of any plantings other than street trees in the area between the curb and right of way or easement.

The amendment consolidates Sections 8.24.100, 8.24.140 and 8.24.150 into one section to improve the organization of provisions relating to the maintenance responsibilities for other plantings and removes an unnecessary reference to the City’s maintenance obligation for public improvements.

Section 8.24.110, Cutting, pruning and removal permits.

This section states that permits are required to cut, prune or remove any street tree. The amendment removes this section because the requirement to obtain a permit is already specified in Section 8.24.070.
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0 Section 8.24.130, Tree removal by city.

This section provides the Public Works Director with the authority to remove any street tree, which is a City-owned tree, that constitutes an immediate threat to life, property or the condition of public improvements. The amendment clarifies that such a decision by the City about its own property is not appealable within the City. There is, of course, an appeal procedure available for decisions about removal of a heritage tree on a person’s own property. (See Section 8.25.080).

Section 8.24.190, Appeals.

This section provides for an appeal from an order to remove or trim trees or plants issued by the City and requires the hearing at the next regular City Council meeting. However, Chapter 8.24 concerns street trees, which the City maintains, and Chapter 8.24 does not include any provisions by which the City may order an individual to remove a street tree or plants. Plantings in violation of Chapter 8.24 are a public nuisance that may be abated in accordance with the provisions of Chapter 5.08 (Enforcement, nuisance abatement and cost recovery). Therefore, the amendment provides that the appeal process is for decisions denying a removal permit and clarifies that only the person who applied for the removal permit has the right to appeal to the City Council from the order. The amendment also provides that the appeal would occur at the next possible City Council meeting, that is at least ten days after the receipt of the appeal, to provide sufficient time for staff to prepare the agenda and related materials for the City Council’s consideration of the matter.

Section 8.24.200, Sewer laterals.

This section clarifies that it is the exclusive responsibility of a property owner to maintain, repair, and replace the property’s sewer lateral. Further, it explains that the City will assist with clearing private sewer laterals, when possible. Section 8.24.200 makes no references to trees and appears misplaced in Chapter 8.24, regarding street trees. Therefore, for improved organization, the amendment simply moves this section to Chapter 10.13, which governs inspection, repair and replacement of private sewer laterals. The amendment also removes the explanation about responding to private sewer lateral emergencies, which is more of a City policy than a permanent code provision that prescribes a rule of conduct.

Chapter 8.25, Heritage Trees.

The vast majority of trees in the community are located on private property, and the provisions in Chapter 8.25 serve to preserve the City’s urban forest canopy against the unregulated pruning and removal of mature trees on private property.

Section 8.25.020, Definition.

This section provides definitions for Chapter 8.25 and specifies that the Director of Public Works is responsible for issuing heritage tree permits. The amendment makes numbering changes for improved organization and eliminates a redundant statement about who is responsible for issuing heritage tree permits, which is subsequently covered in the permitting process described in Chapter 8.25. The amendment makes changes throughout Chapter 8.25 to shift the responsibility for issuing permits from the Director of Public Works to the Director of Community Services to align with current practices.

Section 8.25.030, Removal prohibited – Exception.

This section states that it is unlawful to remove any heritage tree without a permit. A “heritage tree” is (i) any native bay (Umbellularia californica), buckeye (Aesculus species), oak (Quercus species), redwood (Sequoia sempervirens), or pine (Pinus radiata) tree that has a diameter of six inches or more measured at fifty-four inches above natural grade; (ii) any tree or stand of 174 of 231
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0 trees designated by resolution of the City Council to be of special historical value or of significant community benefit; (iii) any stand of trees, the nature of which makes each dependent on the others for survival; or (iv) any other tree with a trunk diameter of ten inches or more, measured at fifty-four inches above natural grade. The amendment clarifies that the prohibition includes pruning without a permit, which conforms to the requirement to obtain a permit to remove or prune a heritage tree, as provided in Section 8.25.040.

8.25.040, Removal permit.

This section requires a permit to remove or prune heritage trees. The permit is granted based on specified criteria, including the condition of the tree, the need to remove the tree, the topography of the land, and the number of trees in the vicinity. The amendment clarifies that the Director of Community Services has the sole discretion to determine whether or not to issue the removal permit based on these criteria. The amendment also authorizes the Director of Community Services to waive any conditions in Chapter 8.25 when issuing the removal permit for a eucalyptus tree.

Section 8.25.050, Reforestation.

This section imposes an obligation to plant trees upon removal of a heritage tree. The replacement trees must be either two twenty-four-inch box size trees or one thirty-six-inch box size tree for each heritage tree removed. The amendment reduces the size of the replacement trees to either two fifteen-inch trees or one twenty-four-inch tree.

Section 8.25.060, Applicability.

This section provides that Chapter 8.25 applies to all trees on public or private property, except street trees and provides exemptions from the reforestation requirements. One exception is removal or pruning of trees on City-owned open space or park parcels. The amendment specifies that the exception applies to removal or pruning of trees on any City-owned parcels, not just parks and open space.

Section 8.25.070, Notification.

This section requires that when an applicant applies for a permit to remove or prune a heritage tree, the City will give notice to the applicant of the decision. The amendment clarifies that the notice is made only to the person who applied for the permit.

Section 8.25.080, Appeal.

This section provides a right of appeal from the decision of the Director of Public Words to the City Council regarding a decision whether or not a heritage tree may be removed or pruned.

The amendment clarifies that an appeal is available only to the person who applied for the permit to remove or prune a heritage tree. The amendment also provides that the appeal would occur at the next possible City Council meeting that is at least ten days after receipt of the appeal, to provide sufficient time for staff to prepare the agenda and related materials for the City Council’s consideration of the matter.

Chapter 8.32, Regulation of Newsracks in Public Rights-of-Way.

This Chapter provides for the regulation of newsracks by establishing a permitting process and prescribing rules for placing the newsracks in the right-of-way. The amendment shifts the responsibilities for administering the newsrack permitting process from the Director of Planning and Building to the Director of Public Works.
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0 Section 8.32.020, Definitions.

This section provides definitions for terms used in Chapter 8.32. The amendment specifies that the term “newsrack” includes space within a City-owned modular newsrack.

Section 8.32.040, Design.

This section establishes the design standards for a newsrack and includes detailed model descriptions for modular newsracks, but allows any newsrack approved by the City. As a general matter, the right to install newsracks is protected by the First Amendment to the US Constitution. The amendment removes the detailed model descriptions for modular newsracks and instead provides a general design standard, where the newsrack must be constructed in a manner that secures its contents against displacement and destruction from weather conditions.

This design standard reflects the City’s permitting process.

Section 8.32.060, Standards.

This section establishes the standards for the placement of newsracks in the right-of-way. The amendment clarifies that the placement standards apply to any newsrack that is not owned by the City.

FISCAL IMPACT:

There is no fiscal impact from the introduction of the ordinance.

ENVIRONMENTAL IMPACT:

The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act under Sections 15301, 15304, 15307, and 15308 of Title 14 of the California Code of Regulations, in accordance with the following:
• Section 15301, as an action consisting of the operation, repair, maintenance, permitting, or minor alteration to existing public and private structures, facilities, and topological features, involving negligible or no expansion of existing or former use. The ordinance modifies tree replacement requirements to allow for replanting smaller trees when conditions warrant, which encourages reforestation through the growth of healthy trees. • Section 15304, as an action consisting of minor public or private alteration in the condition of land and vegetation, which does not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. The ordinance allows the director of community services to waive conditions when issuing a tree removal permit for eucalyptus trees to encourage fuel management activities and reduce the volume of flammable vegetation.
• Section 15307 and 15308, as an action taken by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of natural resources and the environment. By encouraging fuel management activities, the ordinance lowers the risk of a catastrophic wildland fire occurring within the City, thereby protecting natural resources and the environment. Further, tree replacement requirements and other conditions of approval imposed through the tree removal permit process serve to mitigate potential adverse impacts from the removal of trees. 176 of 231
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0 RECOMMENDATION:

Introduce, read by title only and waive further reading of an ordinance entitled “An Ordinance of the City Council of the City of San Bruno Amending Title 8 (Streets, Sidewalks, and Rights-of- Way) and Amending Chapter 13 (Inspection, Repair And Replacement Of Private Sewer Laterals) Of Title 10 (Municipal Services) As Part Of A Comprehensive Update and Finding Such Actions Exempt From The California Environmental Quality Act.” ALTERNATIVES:

1. Do not adopt the Ordinance.

2. Direct staff to make modifications to the ordinance; substantive modifications will require reintroduction at a subsequent meeting.

ATTACHMENTS:

1. Ordinance
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9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING TITLE 8 (STREETS, SIDEWALKS, AND RIGHTS-OF-WAY) AND AMENDING CHAPTER 13 (INSPECTION, REPAIR AND REPLACEMENT OF PRIVATE SEWER LATERALS) OF TITLE 10 (MUNICIPAL SERVICES) AS PART OF A COMPREHENSIVE UPDATE AND FINDING

SUCH ACTIONS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City adopted a codification of the general ordinances of the City of San Bruno entitled the “San Bruno Municipal Code Revised and Republished December 1998” (“the Municipal Code” or “the Code”) which was authorized and approved by Ordinance No. 1604 and adopted January 11, 1999, pursuant to Government Code Sections 50022.1-50022.10; WHEREAS, since that time, the Municipal Code has been regularly amended and augmented with new ordinances expanding its volume and complexity; and WHEREAS, at its meeting on October 9. 2018, the City Council directed staff to work with the City’s code publisher, Quality Code Publishing (“QCP”) to obtain a technical review of the City’s Code with the purpose of identifying citation conflicts and inconsistencies with state law as well as obsolete provisions, and recommend amendatory actions; and WHEREAS, in response to the analysis and recommendations of Municode and additional staff recommendations, the City is amending its Code on an iterative basis; and WHEREAS, the amendments contained in this Ordinance relate to Title 8 (Streets, Sidewalks, and Rights-of-Way) and are generally recommended to reflect best practices; and NOW, THEREFORE, the City Council of the City of the City of San Bruno does ordain as follows:

SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.

SECTION 2. Editorial guidance. The following non-substantive editorial style is used.

Words that are underlined are additions; words with a line through are deleted; and words in [brackets] are instructions for the Code publisher and which instructions are not to be published in the City’s Code unless worded as an “editor’s note”.

In addition, the Code publisher will arrange definitions and other changes alphabetically to conform to the Code’s current style and will, as needed, re-order numbering and lettering changes caused by these amendments. The City Clerk and the City Attorney are authorized to work with the Code Publisher to effectuate non-substantive amendments to ensure consistency as to form and style of the Code.

Further, the code publisher is directed to substitute the name of an office and/or position wherever possible rather than use a gender pronoun without further or formal amendments.

SECTION 3. Title 8, Streets, Sidewalks, and Rights-of-Way, is amended and restated to read, as follows:

TITLE 8

STREETS, SIDEWALKS, AND RIGHTS-OF-WAY
ATTACHMENT 1
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9 Chapter 8.04 DEFINITIONS
Chapter 8.08 OBSTRUCTIONS AND USE RESTRICTIONS
Chapter 8.12 SIDEWALK AND PARKWAY MAINTENANCE
Chapter 8.16 ENCROACHMENT PERMITS
Chapter 8.20 OVERHEAD POLES AND WIRES
Chapter 8.24 STREET TREES AND OTHER PLANTINGS
Chapter 8.25 HERITAGE TREES
Chapter 8.28 UNDERGROUND UTILITY FACILITIES
Chapter 8.32 REGULATION OF NEWSRACKS IN PUBLIC RIGHTS-OF-WAY Chapter 8.36 SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY AND WITHIN

UTILITY EASEMENTS IN PUBLIC AND PRIVATE PROPERTIES
Chapter 8.40 PARKLETS IN THE PUBLIC RIGHTS-OF-WAY
Chapter 8.04 DEFINITIONS

8.04.010 Generally.

The following words, phrases, and designations, when used in this title, shall have the following meanings, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words, phrases, or designations. (Ord. 1419 § 2, 1983; prior code § 20-1.1)

8.04.015. City Engineer.
“City Engineer” shall mean the deputy director of public works of the city of San Bruno, or other person appointed by the city manager to serve in that role.

8.04.020 Commission.
“Commission” means the public utilities commission of the state. (Ord. 1408 § 1, 1982; prior code § 6-8.1)

8.04.025 Director of Community Services.
“Director of Community Services” shall mean the director of community services of the city of San Bruno or authorized designee.

8.04.030 Director of public works.
“Director of public works” means the director of public works of the city of San Bruno or authorized designee representative. (Ord. 1419 § 2, 1983; prior code § 20-1.1)

8.04.040 Encroachment.
“Encroachment” means going over, upon or under, or using a public right of way in such a manner as to prevent, obstruct or interfere with its normal use, including but not limited to the performance thereon of any of the following acts: (1) excavating, filling or disturbing the right of way; (2) erecting or maintaining any flag, banner, post, sign, pole, fence, guardrail, wall, loading platform, mailbox, pipe, conduit, wire or other structure on, over, or under a right of way; (3) planting any tree, shrub, grass or other growing thing within a right of way; (4) placing or leaving on a right of way any rubbish, brush, earth or other material of any nature whatsoever; (5) constructing, placing or maintaining on, over, under or within the right of way any pathway, sidewalk, driveway, curb, gutter, paving or other surface or sub surface drainage structure or 179 of 231
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9 facility, any pipe, conduit, wire or cable; (6) traveling on the right of way by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit; (7) lighting or building a fire; (8) constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to a right of way which causes or will cause an encroachment.

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

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

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

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

E. Providing, operating, or maintaining outdoor dining on a temporary basis within the public right-of-way entirely within a parklet. (Ord. 1936 § 2, 2023; Ord. 1419 § 2, 1983; prior code § 20-1.1)

8.04.050 Other plantings.
“Other plantings” means any trees, shrubs, grass or ground cover planted within street right-of-way or easements or in proximity thereto or on adjoining property which do not qualify as street trees. (Ord. 1320 § 1, 1979; prior code §§ 25-2.1—25-2.6)

8.04.060 Owner.
“Owner” means a person vested with the title to a parcel of real property. (Ord. 1419 § 2, 1983; prior code § 20-1.1)

8.04.065 Parklet.
“Parklet” means a temporary sidewalk extension installed on public parking space(s) within the public right-of-way, that provides more space and amenities for outdoor dining operated and maintained by the business establishment conducting the outdoor dining. The amenities may include tables, chairs, umbrellas, and other items for the consumption of food and beverages served by the restaurant or food or beverage service use. (Ord. 1936 § 3, 2023)

8.04.070 Planting strip.
“Planting strip” means the area between the curb and sidewalk where sidewalks are separated from the curb. (Ord. 1320 § 1, 1979; prior code §§ 25-2.1—25-2.6)

8.04.080 Poles, overhead wires, and associated overhead structures. “Poles, overhead wires, and associated overhead structures” means poles, towers, supports, wires, conductors, stubs, platforms, crossarms, braces, transformers, transformer pads, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances upon, along, across, or over the streets of the city, and used or useful in supplying electricity communication, telephone service or similar or associated service. (Ord. 1419 § 2, 1983; prior code § 20-1.1)

8.04.090 Repair.
“Repair” means the construction, reconstruction, repair, replacement, restoration or improvements of any sidewalks, streets, or parkways, or infrastructure within the Public Rright of Wway. (Ord. 1419 § 2, 1983; prior code § 20-1.1)
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9 8.04.100 Sidewalk.
“Sidewalk” means a sidewalk, park, parkway, or parking strip maintained in the area between the property line and the curb line, driveway, curbing, bulkhead, retaining wall, or other work for the protection of any sidewalk or walkway or any park or parking strip located in any public street in the city. (Ord. 1419 § 2, 1983; prior code § 20-1.1)

8.04.110 Street.

A. Except as provided in subsections B and C, “street” means any street, way, lane, place, thoroughfare, or easement in the city which has been dedicated to the public and which dedication has been duly accepted.

B. For purposes of Sections

8.08.030, 8.08.040, and 8.08.050, “street” means a
way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

C. For purposes of Chapter 8.24, “street” means any dedicated area established for public travel in the city including the planting strip, sidewalk area, roadway area, right-of-way and easements adjacent thereto. (Ord. 1419 § 2, 1983; prior code § 20-1.1—20-2.3; Ord. 1320 § 1, 1979; prior code §§ 25-2.1—25-2.6)

8.04.120 Street tree.
“Street tree” means any tree planted after the adoption of Ordinance No. 1320 within any street, right-of-way, or easement adjacent thereto. (Ord. 1320 § 1, 1979; prior code §§ 25-

2.1—25-2.6)

8.04.130 Superintendent.
“Superintendent” means the director of parks and recreation of the city acting personally or through designated representatives or successor in responsibilities. (Ord. 1320 § 1, 1979; prior code §§ 25-2.1—25-2.6)

8.04.140 Underground utility district.
“Underground utility district” or “district” means that area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to Section 8.28.040.

8.04.150 Utility.
“Utility” means all persons supplying electric, communication, telephone service, or similar or association by means of electrical materials or devices. (Ord. 1408 § 1, 1982; prior code § 6-8.1)
Chapter 8.08 OBSTRUCTIONS AND USE RESTRICTIONS

8.08.010 Obstructions—Prohibited generally—Exceptions.

A. No person shall erect or maintain, or cause to be erected or maintained, in or upon any street in the city any structure, pipe, aqueduct, flume, bridge, fence, or any other subject in or above the surface thereof in such manner as:

1. To interfere with the free use and enjoyment of such street by the public; or

2. To interfere with the intended use of such street; or

3. To prevent the free access to any property fronting thereon.

B. Every obstruction, fence, barricade, structure, excavation, embankment, deposit of materials or other things the placement, keeping, or maintenance of which is prohibited by this chapter is a public nuisance. Any such nuisance may be summarily abated by the director 181 of 231
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9 of public works, either by removing the same or by remedying the condition caused thereby.

The cost thereof shall be a charge against the person responsible therefor and shall be recoverable by legal action undertaken in a court of competent jurisdiction. If the nuisance is caused by the owner of property fronting upon a street, the cost of abatement shall constitute a lien upon such real property. The amount of such lien shall be collectible at the same time and in the same manner and shall bear the same penalties as amounts assessed for general municipal taxes of the city. The procedure for assessment of cost of abatement of the nuisance shall be as set forth in Chapter 5.08 of this code.

C. This section shall not apply to any poles, conduits, wires, cables, hydrants, pumps, signs, or other devices which have been erected or maintained pursuant to authorization of the city council or encroachment permit. (Ord. 1419 § 1, 1983; prior code § 20-

2.1)

8.08.020 Obstructions—Merchandise displays, etc.

A. No person shall place or cause, suffer, permit, or allow to be placed on or over any sidewalk or public right-of-way any sign, flag, banner, goods, wares, or merchandise for the purpose of exhibition, display, or advertisement.

B. This section shall not apply to any sign permitted to extend over a sidewalk or portion thereof pursuant to the zoning ordinance.

C. The director of public works shall have the authority to grant written permission for the stretching of flags, canvas banners, or advertising devices in connection with parades, civic or patriotic events, or celebrations if the types of devices to be used and the manner in which they will be used will not jeopardize the public safety. (Ord. 1419 § 1, 1983; prior code § 20-2.2)

8.08.030 Playing games in streets prohibited.

No person shall play or participate in any game on any street. The police department shall have the authority to confiscate and impound for a period of not more than thirty days any equipment or sporting goods used in the playing of games prohibited by this section. (Ord. 1419 § 1, 1983; prior code § 20-2.3)[Sections to be renumbered as appropriate due to deletions]

8.08.040 Roller skates prohibited in commercial districts.

No person shall ride upon rollerskates or ride in or by means of any coaster, toy vehicle, or similar device upon any street, or upon any sidewalk abutting any real property in any commercial zoning district or planned development zoning district zoned for commercial use under the zoning ordinance. (Ord. 1419 § 1, 1983; prior code § 20-2.4)

8.08.050 Painting or placement of chalk marks upon streets and sidewalks.

No person shall paint or place any chalk or other mark, or cause, suffer, allow, or permit the painting or placement of any chalk or other mark upon any street or sidewalk except under the authority of an encroachment permit under this chapter or under the authority and direction of the director of public works. (Ord. 1419 § 1, 1983; prior code § 20-2.5) Chapter 8.12 SIDEWALK AND PARKWAY MAINTENANCE

8.12.010 Maintenance by lot owners.

The owners of lots or portions of lots fronting on any portion of an improved street or place, or a street whose area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not interfere with the public convenience in the use of those works or areas, except those conditions created in, upon, along, or in connection with such sidewalk by any 182 of 231
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9 person other than the owner, under and by virtue of any permit or right granted to him or her by law or by the city authorities in charge thereof. Such persons shall be under a like duty in relation thereto. (Ord. 1419 § 1, 1983; prior code § 20-4.1)

8.12.020 Notice to repair—Duty to repair.

A. When any portion of any sidewalk is out of repair or pending construction and in condition to endanger persons or property, or to interfere with the public convenience in the use thereof, the director of public works shall notify the owner or person in possession of the property abutting or fronting on that portion of the sidewalk so out of repair to repair the sidewalk in the manner provided in this article, except as provided in subsection C.

B. When the removal of a tree or its roots in a parkway, or the roots of such tree, necessitates the repair or replacement of curb, gutter, or sidewalk at any location, it shall become the due responsibility of the person causing the removal to be made to repair or replace the curb, gutter, or sidewalk to the original grade line, except as provided in subsection C.

C. When damage to a curb, gutter, or sidewalk, is, in the judgment of the director of public works, caused by a street tree, as defined in this code, it shall be the responsibility of the city to make the necessary repairs. (Ord. 1419 § 1, 1983; prior code § 20-4.2)

8.12.030 Notice to repair—Service.

Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing the sidewalk so out of repair, or by mailing a postal card, postage prepaid to the person in possession of such property, or to the owner thereof at the last known address as the same appears on the last equalized assessment roll or to the name and address of the person owning such property as shown in the records of the office of the city clerk. (Ord. 1419 § 1, 1983; prior code § 20-4.3)

8.12.040 Notice to repair—Posting.

The postal card shall contain a notice to repair the sidewalk so out of repair, and the director of public works shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the director of public works, not less than seven nor more than ten days after the mailing of the first postal card notice, may mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 8.12.050. (Ord. 1419 § 1, 1983; prior code § 20-4.4)

8.12.050 Notice to repair—Contents.

The notice shall particularly specify what work is required to be done, how it is to be done and what materials shall be used in the repair. The notice shall also specify that prior to the commencement of the repair an encroachment permit must be obtained from the director of public works. The notice shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the director of public works shall make such repair, and that the cost of the same shall be a lien on the property. (Ord. 1419 § 1, 1983; prior code § 20-4.5)

8.12.060 Repair by director of public works when.

A. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice and encroachment permit, the director of public works shall forthwith repair the sidewalk.
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9 B. Upon the written request of the owner of the property facing the sidewalk so out of repair, the director of public works may repair any other portion of the sidewalk fronting on the property that is designated by the owner.

C. The director of public works shall have the power to prescribe the form of the written request.

D. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted. (Ord. 1419 § 1, 1983; prior code § 20-4.6)

8.12.070 Notice, report, and public hearing on repairs and costs.

Upon completion of the repair the director of public works shall do the following:

A. Shall cause notice of the cost of repair to be given in the manner specified in this article for the giving of notice to repair. Such notice shall specify the day, hour, and place when the city council will hear and pass upon a report by the director of public works of the cost of the repair, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair, and any other interested persons.

B. Shall prepare and file with the city council a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made, and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. (Ord. 1419 § 1, 1983; prior code § 20-4.7)

8.12.080 Report—Hearing.

A. At the time fixed for the hearing the city council shall hear and pass upon the report of the director of public works, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the repair work and any other interested persons.

B. Thereupon, the city council may make such revision, correction or modifications in the report as it may deem just. Afterwards the city council may confirm the report as submitted, revised, corrected, or modified.

C. The city council may adjourn the hearings from time to time.

D. The decisions of the city council on all protests and objections which may be made shall be final and conclusive. (Ord. 1419 § 1, 1983; prior code § 20-4.8)

8.12.090 Records of director of public works.

A. The director of public works shall cause to be kept a permanent record containing:

1. The description of each parcel of property upon which a notice to repair has been posted;

2. The name of the owner, if known;

3. The date on which such notice was posted; and

4. The charges incurred by the city in causing such repair to be made, and all incidental expenses in connection therewith.

B. Each such entry shall be made as soon as practicable after completion of each act.

B. If the city makes or causes to be made the repair, the charges incurred therefor shall be determined by the director of public works. The director of finance shall prepare and mail a statement for the same to the last known address of the owner of the property. (Ord. 1419 § 1, 1983; prior code § 20-4.9)
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9 8.12.100 Costs—Assessment—Lien when.

The cost of the repair may be assessed by the city council against the parcel of property fronting upon the sidewalk upon which such repair was made. Such cost so assessed, if not paid within five days after its confirmation by the city council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof. Such lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. (Ord. 1419 § 1, 1983; prior code § 20-4.10)

8.12.110 Filing of notice of lien with county recorder.

The director of public works may file in the office of the county recorder a certificate substantially in the following form:

NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the _____ day of _______, 20___, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the City Council of the City of San Bruno did, on the __________ day of ___, 20__, by Resolution No. ____ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said City of San Bruno does hereby claim a lien on said real property in the sum of _____ DOLLARS ($_____), and the same shall be a lien upon said real property, with interest at the rate of 7 percent per annum, from the said ________day of ________, 20___, has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of San Bruno, the County of San Mateo, State of California, and particularly described as follows, to wit:
(DESCRIPTION OF PROPERTY)
Dated this ______ day of ___________,
20___.
___________________________
Director of Public Works
(Ord. 1419 § 1, 1983; prior code § 20-4.11)

8.12.120 Effect of recordation of lien notice.

A. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel.

B. The statute of limitations shall not run against the right of the city to enforce the payment of the lien.

C. If any such lien is not paid, the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under Division 6 of the Streets and Highways Code. (Ord. 1419 § 1, 1983; prior code § 20-4.12)

8.12.130 Collection of lien with regular taxes.

As an alternative method of collecting the amount of the lien, the city council, after confirmation of the report of the director of public works, may order the notice of lien to be delivered to the county auditor. The county auditor shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be 185 of 231
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9 collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. (Ord. 1419 § 1, 1983; prior code § 20-4.13)

8.12.140 Annual installment payments.

The city council may, in its discretion, determine that the payment of such assessments of one hundred dollars or more be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the city council, not to exceed seven percent per annum. Such interest shall begin to run on the thirty-first day after the confirmation of the assessments by the city council.

All such determination shall be expressed by resolution of the city council at any time prior to the confirmation of the assessments. (Ord. 1419 § 1, 1983; prior code § 20-4.14)

8.12.150 Time and manner of collection—Penalties—Foreclosure procedure.

Thereafter, the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection, and enforcement of city taxes are hereby made applicable to such special assessment taxes. (Ord. 1419 § 1, 1983; prior code § 20-4.15)

8.12.160 Proof of service of notice.

Proof of the posting or mailing of any notice, order, or determination provided for in this article may be made by the affidavit of the person posting or mailing such document annexed to a copy thereof. The affidavit shall specify the date when or at which the document was posted or mailed, as the case may be. The director of public works shall keep the affidavits of posting or mailing. No error in the name or address shall affect in any manner the validity of the procedure or any lien imposed hereunder. (Ord. 1419 § 1, 1983; prior code § 20-4.16)

8.12.170 Legality of charge.

No charge, or any act relating to such charge, or the collection of the same hereunder shall be illegal on account of informality or because the same was not completed within the time required by law. (Ord. 1419 § 1, 1983; prior code § 20-4.17) Chapter 8.16 ENCROACHMENT PERMITS

8.16.010 Permit—Required.

A. No person shall make, or cause, allow, permit, or suffer to be made any encroachment in the city without having applied for and having been issued an encroachment permit authorizing the same from the director of public works. (Ord. 1419 § 1, 1983; prior code § 20-

3.1)
B. No permit shall be issued for excavations or pavement cuts in any street that has been resurfaced with 0.10 feet thickness or greater with either asphalt concrete or asphalt rubber hot mix material within five years after the date the city accepted the completion of such resurfacing, or in the case of maintenance projects such as, seal coat, slurry seal, chip seal, etc., within two years after the city has accepted completion. This prohibition shall not apply if the city engineer finds any of the following conditions apply to the application:

1. The work is mandated by city, county, state or federal legislation or is required as a condition of approval to a city issued development permit. 186 of 231
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9 2. The work is required to provide utility services and there is no other reasonable means of providing such service.

3. The work is limited to exploratory potholes to verify utility depth or location.

4. The work is limited to excavations that are essential components of a regional project that will provide substantial public benefit.

5. Public health, safety or welfare requires the work be done before the applicable five-year or two-year limitation.

C. When a permit for excavation or pavement cuts is granted by the director of public works pursuant to paragraph B of this section, all restoration and repair work shall be performed in accordance with the standards established by the city engineer.

8.16.020 Fees—Required.

A permit fee in an amount to be established by resolution of the city council shall accompany an application for an encroachment permit. (Ord. 1419 § 1, 1983; prior code § 20-

3.2)

8.16.030 Cash deposit or faithful performance bond—Required.

A. No encroachment permit shall be issued unless the applicant shall have deposited with the public works director one of the following types of security:

1. A bond or bonds by one or more duly authorized corporate sureties;

2. A deposit, either with the city or with a responsible escrow agent or trust company, at the option of the director of public works, of money or negotiable bonds of the kind approved for securing deposits of public moneys;

3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the project are on deposit and guaranteed for payment. The interest accrued on any deposit shall inure to the benefit of the depositor.

B. The security shall guarantee the completion of the work authorized by the encroachment permit to the city’s specifications, including removal and disposal of any and all debris or waste materials and the restoration of any necessary earth fill, backfill, and repavement to the reasonable satisfaction of the director of public works. The monetary amount of such security shall be based upon an estimate, developed by the director of public works, of the reasonable cost of performing the encroachment project. In the sole discretion of the director of public works, and at the request of any applicant, an applicant may deposit such security to guarantee the performance of multiple encroachment projects, which are expected to occur during a consecutive twelve-month period. (Ord. 1419 § 1, 1983; prior code § 20-3.3)

8.16.040 Permit—Terms and conditions.

The director of public works may impose any reasonable terms and conditions upon the issuance of an encroachment permit under this article as deemed necessary. All permits issued under this article shall be in writing. (Ord. 1419 § 1, 1983; prior code § 20-3.4)

8.16.050 Gas, sewer, water service connections.

The director of public works may approve a blanket permit for public utility projects, including but not limited to gas, water service and sewer connections, provided that the applicant has on file in the office of the city clerk one or more bonds, deposits, or instruments of credit as described in Section 8.16.030 guaranteeing the matters set forth in that section. The security instrument shall be in an amount established by the director of public works based upon 187 of 231
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9 his or her estimate of the cost to complete the work authorized for a typical number of outstanding projects. (Ord. 1419 § 1, 1983; prior code § 20-3.5)

8.16.060 Standards for encroachments.

All encroachments shall be undertaken so as to conform to the applicable provisions of the most recently adopted edition of the city of San Bruno standard specifications, as approved by the city engineer, or other applicable laws, regulations, guidelines or policies of the city. The city engineer may establish such regulations, guidelines or policies as deemed necessary for encroachments. (Ord. 1419 § 1, 1983; prior code § 20-3.6) Chapter 8.20 OVERHEAD POLES AND WIRES

8.20.010 Prohibited where.

A. No utility shall erect, maintain, continue to use, operate, or continue to operate any pole, overhead wire, or associated overhead structure along, across, or partly across the following streets, except electric wires of a continuous lead along any intersecting street, maintained, used, and operated at such intersection or alley or established right-of-way:

1. San Mateo Avenue from El Camino Real to the westerly line of Huntington Avenue;

2. El Camino Real for its entire length;

3. San Bruno Avenue for its entire length;

4. Sneath Lane from Huntington Avenue to Sequoia Avenue.

B. No person owning real property on or along the streets described in subsection A shall suspend or permit a supplying agency to suspend from the premises any overhead service wire connected with any overhead distribution line along such streets.

C. If any such property owner shall fail to make the necessary changes in the electric wiring on the premises and thereby prevent the supplying agency from removing its overhead service wires from such part of such streets, the chief building official shall disconnect such service wires from the premises of such property owner. The cost of so doing shall become a lien upon the real property theretofore served from such service wires. (Ord. 1419 § 1, 1983; prior code § 6-10.13)

8.20.020 Exceptions.

The provisions of Section 8.20.010 shall not apply to poles used exclusively for police or fire alarm boxes or any similar municipal equipment installed under the supervision and to the satisfaction of the director of public works, or to poles and overhead wires and associated overhead structures used exclusively for street lighting. (Ord. 1419 § 1, 1983; prior code § 6-

10.14)
Chapter 8.24 STREET TREES AND OTHER PLANTINGS

8.24.010 Purpose.

It is in the best interests of the city and the citizens and public thereof that a comprehensive plan be developed to regulate the planting and maintenance of trees and other plantings in and along the public streets, ways, and public easements within the city and to provide for orderly development and promote the health, safety, comfort, and general welfare of the public. (Ord. 1668 § 2, 2002)

8.24.020 Street trees.

The director of community services public works or designee shall designate those tree species existing or hereafter planted in the city which are not infested with pests or disease, or 188 of 231
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9 hazardous to the public health and safety, or dangerous to public improvements and utilities, as official street trees species. The director of community services public works or designee shall prepare and submit to the city council for approval and adoption, a comprehensive master street tree list for all streets of the city where planting areas are available for trees as stated in Section

8.24.040. The list may be revised from time to time by the director of community services public works or designee and shall be reviewed annually by the city council. The director of community services public works or designee shall proceed each year to plant or remove and replace trees to the extent that funds are made available by the city council. The director of community services public works or designee shall be solely responsible for determining whether existing trees planted in or adjacent to the public right-of-way are to be deemed official street trees for purposes of the application of this chapter. (Ord. 1668 § 2, 2002)

8.24.030 Director of public works community services responsibilities.

The director of community services public works or designee shall be responsible for administering and enforcing the provisions of this chapter and shall undertake such maintenance and planting programs and controls as may be required to carry out the provisions of this chapter to the extent that funds are made available by the city council. (Ord. 1668 § 2, 2002)

8.24.040 Approved master street tree list.

The director of community services public works or designee shall prepare an approved master street tree list containing the botanical and common names of all trees hereafter authorized to be planted. Such list will be on file with the office of the director of community services public works and may be revised from time to time. All trees hereafter planted in any street or easement adjacent thereto or which may encroach upon such street right-of-way shall conform to the master street tree list. (Ord. 1668 § 2, 2002)

8.24.050 Planting permit.

It is unlawful for any person other than the director of community services public works or representative to plant or cause to be planted any tree in any street or easement adjacent thereto without first obtaining a permit from the director of community services public works.

Such permit shall specify the location and variety of trees and shrubs to be planted. Street trees or other plantings which are required to be planted by a sub-divider or developer in accordance with plans and specifications approved by the city or as part of a project may be planted without a permit; provided, however, that such trees and plantings shall conform to such plans and specifications and shall be planted under the supervision of the director of community services public works or designee. (Ord. 1668 § 2, 2002)

8.24.060 Requirement for street trees.

For any new building constructed, or any building addition amounting to twenty-five percent or more of the existing building square footage, or any remodeling of twenty-five percent or more of the existing building square footage, on any residential, commercial or industrial site, the director of community services public works may require the planting of new street trees if none exist. The owner or developer of the site may be required to plant one thirty-six-inch box size tree for every fifty linear feet of parcel street frontage, or at least one thirty-six-inch box size tree for a parcel street frontage of less than fifty feet, unless the director of community services determines that conditions warrant a smaller size tree. Where the director of community services public works or designee determines that street tree planting is not feasible and/or appropriate, the director may require that a payment of equal value to the cost of the purchase and installation of the street tree(s) be made by the permittee to the city tree planting fund. (Ord. 1668 § 2, 2002)
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9 8.24.070 Removal permit.

A. It is unlawful for any person other than city personnel to cut, prune, remove, or interfere with any street tree or tree stake without first obtaining a permit from the director of community services public works. Any person desiring to remove or prune one or more street tree shall apply to the director of community services public works or designee for a permit. The application for a permit shall be made on forms provided for this purpose and shall state, among other things, the number and location of the trees to be removed or pruned by types and the reason for removal or pruning of each. Only the owner or owners of the property on which the street tree or trees are located, or authorized agent, may submit a request for such a permit.

Street tree removal or pruning permits are valid for six months from date of issue. The director of community services public works or designee may authorize extensions. The applicant may be required to submit an arborist’s report with the permit application to show cause for a requested tree removal.

B. The director of community services public works or designee shall review each application and shall determine, in the sole discretion of the director of community services , whether to issue a removal permit based on the following criteria:

1. A. The condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures, and interference with utility services;

2. B. The necessity to remove the tree or trees in order to construct any proposed improvements to allow reasonable economic enjoyment of the property;

3. C. The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of surface waters;

4. D. The number of trees existing in the neighborhood on improved property and the effect the removal would have on the established standard of the area and property values.

C. Street tree or other planting removals incorporated into any other permit issued by the city of San Bruno do not require a separate removal permit, provided those removals are clearly delineated on the approved plans and specifications. Any street tree removed shall be replaced in accordance with Section 8.24.090. (Ord. 1668 § 2, 2002)

8.24.080 Care and maintenance.

No person, other than the director of community services public works or designee, or any public utility corporation maintaining overhead wires, shall trim or cause to be trimmed, below or above the ground, or remove or cause to be removed, below or above the ground, any tree in the planting strip along any street, or any tree growing upon private property to the extent that its roots or branches encroach onto the street, without first procuring a permit to do so from the director of community services public works or designee. The request for such a permit shall state the type and number of trees to be trimmed or removed, the location and such other information as may from time to time be required by the director of community services public works or designee. The cost of all work designated by the permit shall be borne by the party securing the permit. (Ord. 1668 § 2, 2002)

8.24.090 Tree replacement.

The city may will replace any street tree, which has died or may have been removed or plant additional street trees deemed appropriate to the extent that funds are made available by the city council. In all cases where street trees are removed, the director of community services public works or designee may require replacement in accordance with the following:

A. Tree replacement shall be in accordance with the master street tree list and shall be either two twenty-four-inch box size trees or one thirty-six-inch box size tree for each street 190 of 231
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9 tree removed, unless the director of community services determines that conditions warrant a smaller size tree as determined by the director of public works or designee. Replacement, as determined by the director of community services public works or designee, may be in a different location than the location from which removal occurred; B. If the street tree that is removed is a heritage tree, the provisions for replacement of heritage trees set forth in Chapter 8.25 shall apply; C. When replacement planting is being done as a requirement of a removal permit, and where the director of community services public works or designee determines that replanting is not feasible and/or appropriate, the director may require that a payment of equal value to the cost of the purchase and installation of the replacement tree(s) be made by the permittee to the city tree planting fund. (Ord. 1668 § 2, 2002)

8.24.100 Maintenance of other plantings.

A. The city will not be responsible for the maintenance of other plantings in or adjacent to or overhanging any street. Maintenance of such other plantings shall be the responsibility of the abutting property owner. The city may prune, trim or remove such other plantings if the property owner refuses to maintain the plantings in accordance with the requirements of this chapter. (Ord. 1668 § 2, 2002)
B. The abutting or underlying property owner may plant in planting strips in the public right-of-way, and in other public easements, various ground covers such as lawn, various perennials or annuals, or shrubs not to exceed three feet in height, that do not interfere with the functioning of any curb, gutter, sidewalk, water meter, fire hydrant, valve box, manhole, or other public facility or utility.

C. The abutting property owner shall be responsible for planting, maintenance and care of any plantings other than street trees in any area in the street between the curb and the right-of-way or easement (including but not limited to weeding, trimming, spraying and watering); excepting those planting strips or planting areas separated from the adjoining property by a fence required by conditions imposed by the city, which shall be maintained by the city.

8.24.110 Cutting, pruning and removal permits.

Permits are required to cut, prune or remove any street tree in accordance with Section

8.24.070. (Ord. 1668 § 2, 2002)[Sections to be renumbered as appropriate due to deletions]

8.24.120 Abuse or mutilation.

It is unlawful for any person to break, destroy or mutilate any street tree or tree stake or any public tree, shrub or plant in any public place including parks, or to set fire or permit any fire to cause damage to any portion of any street tree or other public plantings, or to attach or place any rope, wire, wood, sign or poster or other device on any street tree, or to permit or allow any gaseous liquid or solid substance which is harmful to such tree to come in contact with any portion of any street tree. No solid paving shall be placed closer than eighteen inches from the center of any street tree, and in no instance closer than six inches from the outer bark. (Ord. 1668 § 2, 2002)

8.24.130 Tree removal by city.

Any street tree which in the opinion of the director of community services public works or designee constitutes an immediate threat to life, property or the condition of public improvements, shall be removed by the city. In such event, the total cost of the removal of the 191 of 231
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9 street tree shall be borne by the city. A decision of the director of community services to remove a street tree pursuant to this section is final and non-appealable to the city council. (Ord. 1668 § 2, 2002)

8.24.140 Responsibility for other plantings.

The abutting property owner shall be responsible for planting, maintenance and care of any plantings other than street trees in any area in the street between the curb and the right-of- way or easement (including but not limited to weeding, trimming, spraying and watering); excepting those planting strips or planting areas separated from the adjoining property by a fence required by conditions imposed by the city, which shall be maintained by the city. The city shall also maintain those planting areas within the street that are developed and landscaped as a public improvement. (Ord. 1668 § 2, 2002)[Sections to be renumbered as appropriate due to deletions]

8.24.150 Ground cover.

The abutting or underlying property owner may plant in planting strips in the public right- of-way, and in other public easements, various ground covers such as lawn, various perennials or annuals, or shrubs not to exceed three feet in height, that do not interfere with the functioning of any curb, gutter, sidewalk, water meter, fire hydrant, valve box, manhole, or other public facility or utility. (Ord. 1668 § 2, 2002)

8.24.160 Prohibited plantings.

No person shall plant or cause to be planted in any area in or adjacent to a public street any tree that does not conform to the approved master street tree list as defined in Section

8.24.040, or any tree or other planting which may interfere with the public use or function of any public facility or which may constitute a public nuisance in accordance with Section 8.24.180. (Ord. 1668 § 2, 2002)

8.24.170 Public right-of-way.

The city may remove any other plantings which constitute a hazard or may endanger the health, well being well-being or property of the public or which constitutes an obstruction to the vision of traffic. (Ord. 1668 § 2, 2002)

8.24.180 Public nuisance when.

Any street tree or other plantings, or tree or plantings growing on private property, which interferes with the use of or which endangers any public utility, sidewalk, street drainage path or other facility, or which impairs traffic visibility, or which is maintained in violation of the provisions of this chapter, shall constitute a public nuisance, and may be abated in accordance with the provisions of Chapter 5.08. (Ord. 1668 § 2, 2002)

8.24.190 Appeals.

Appeals from the denial of a removal permit pursuant to Section 8.24.070 an order to remove or trim trees or plants issued pursuant to this chapter may be made by the person who submitted the application by filing written notice thereof with the city clerk within five days after such order is received the date that the director of community services issues the denial, stating in substance that appeal is being made from such an order denial to the city council. The city council shall review such denial as soon as practicable at a regular meeting that is at least ten days after receipt of the appeal at its next a regular meeting that is at least ten days after receipt of the appeal. The action taken by the city council after such hearing shall be final and conclusive. (Ord. 1668 § 2, 2002)
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9 8.24.200 Sewer laterals.

It is the exclusive responsibility of the property owner to maintain, repair, and/or replace the property sewer laterals from the building to the sewer collector mains. The city will continue to respond to requests for emergency sewer service from residents. Where a city-approved cleanout is accessible, operable, and will not damage city equipment, staff will provide ongoing maintenance services as necessary. In circumstances where the private lateral is damaged, staff will direct homeowners to repair or replace the lateral at their expense. Sewer collector mains shall be maintained by the city. (Ord. 1831 § 1, 2015; Ord. 1668 § 2, 2002) Chapter 8.25 HERITAGE TREES

8.25.010 Purpose and intent.

A. This chapter is adopted because the city has been forested with a variety of healthy and valuable trees, the preservation and reforestation of which is necessary for the health, safety and welfare of the citizens of this city in order to preserve the scenic beauty and aesthetic values of the community; maintain property values; prevent erosion of topsoil; protect against flood hazards and the risk of landslides; counteract the pollutants in the air; maintain the climatic balance and decrease wind velocities; and relieve the public costs of installing and maintaining stormwater drainage systems. The vast majority of trees in the community are located on private property, and the provisions in Chapter 8.24 for the protection of street trees are inadequate to fully protect and preserve the city’s urban forest canopy against the unregulated pruning and removal of mature trees on private property. It is reasonable to expect property owners to maintain their trees in a satisfactory condition for the good of all of the citizens of the city of San Bruno.

B. It is the intent of this chapter to establish regulations for the removal of heritage trees within the city in order to retain as many trees as possible consistent with the purpose hereof and the reasonable economic enjoyment of private property. (Ord. 1669 § 1, 2002)

8.25.020 Definition.

Terms used in this chapter shall be defined as follows:

A. “Heritage tree” shall mean:

1. Any native bay (Umbellularia californica), buckeye (Aesculus species), oak (Quercus species), redwood (Sequoia sempervirens), or pine (Pinus radiata) tree that has a diameter of six inches or more measured at fifty-four inches above natural grade;

2. Any tree or stand of trees designated by resolution of the city council to be of special historical value or of significant community benefit;

3. A stand of trees, the nature of which makes each dependent on the others for survival; or

4. Any other tree with a trunk diameter of ten inches or more, measured at fifty-four inches above natural grade.

B. “Remove” shall mean:

1. Cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means;

2. A heritage tree pruning permit will contain conditions for pruning. If pruning actually done is not in conformance with said conditions, it shall be deemed a removal, and replacement conditions will be required.
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9 C. “Prune” shall mean: Rremoval of up to one-quarter of the crown or existing foliage of the tree, or up to one-quarter of the root system in compliance with the conditions of the permit issued by the director of community services public works or designee.

D. The director of public works or designee shall be the person designated by the city manager to review and approve heritage tree permit applications. (Ord. 1669 § 1, 2002)

8.25.030 Removal and pruning prohibited—Exception.

It is unlawful for any person to prune, cause to be pruned any heritage tree in the city, or to remove, or cause to be removed, any heritage tree from any parcel of property in the city without obtaining a permit to do so. Provided, that in the case of an emergency when a tree poses an imminent hazard or danger to life or property, it may be pruned or removed by order of any member of the police, fire or public works department. Provided further, that any franchised public utility or representative of the city may prune or remove trees that interfere with the safe and efficient operation of the public service for which they are responsible. (Ord. 1669 § 1, 2002)

8.25.040 Removal permit.

A. Any person desiring to remove or prune one or more heritage trees shall apply to the director of community services public works or designee for a permit. The application for a permit shall be made on forms provided for this purpose and shall state, among other things, the number and location of the trees to be removed or pruned by types and the reason for removal or pruning of each. Only the owner or owners of the property on which the trees are located, or authorized agent, may submit a request for such a permit. Heritage tree removal or pruning permits are valid for six months from date of issue. The director of community services public works or designee may authorize extensions. The applicant may be required to submit an arborist’s report with the permit application to show cause for removal.

The director of community services public works or designee shall review each application and shall determine in the sole discretion of the director of community services, whether to issue a removal permit based on the following criteria:

1.A. The condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services;

2.B. The necessity to remove the tree or trees in order to construct any proposed improvements to allow reasonable economic enjoyment of the property;

3.C. The topography of the land and the effect of the removal of the tree on erosion, soil retention and diversion or increased flow of surface waters;

4.D. The number of trees existing in the neighborhood on improved property and the effect the removal would have on the established standard of the area and property values;

5.E. The number of trees the particular parcel can adequately support according to good arboricultural practices.

C. In reviewing applications, the director of community services public works or designee shall give priority to those based on hazard or danger of disease, and may refer any application to another department, committee, board or commission of the city for a report and recommendation. Any heritage tree removed shall be replaced in accordance with Section

8.25.050.

D. In issuing a removal permit for a Eucalyptus tree (eucalyptus globulus), the director of community services may waive any other conditions of this chapter. (Ord. 1669 § 1, 2002)

8.25.050 Reforestation.

Permits for removal shall contain replanting conditions in accordance with the following guidelines:
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9 A. Any heritage tree proposed to be removed or pruned in conjunction with any planning or building permit application will also require a separate removal permit pursuant to Section 8.25.040;
B. Trees removed with a valid tree removal permit shall be replaced in accordance with the recommendation of the director of community services public works or designee.

Replacement recommendations shall be formulated on the basis of location, condition, value, age, and reasons for tree removal. Tree replacement shall be a minimum of either two fifteen twenty-four-inch box size trees, or one twenty-four thirty-six-inch box size tree, for each heritage tree removed, to be determined by the director of public works or designee; C. Trees removed without a valid permit shall be replaced by double the quantities specified in subsection B;
D. Where the director of community services public works or designee determines that replanting is not feasible and/or appropriate, including but not limited to conditions where e.g., sufficient trees exist on site or trees, conflicts with utilities, the director may require that a payment of equal value to the cost of the purchase and installation of the replacement tree(s) be made to the city tree planting fund. (Ord. 1669 § 1, 2002)

8.25.060 Applicability.

The provisions of this chapter shall apply to all trees on public or private property, except for street trees, which are regulated under Chapter 8.24 of this code. A person who has received approval of a planning application is also subject to the heritage tree regulations contained in this chapter and will need to obtain a heritage tree permit from the department of community services public works for the removal and/or pruning of heritage trees on the property proposed for development.

The director of community services public works or designee may exempt the following from the reforestation requirements set forth in Section 8.25.050:

A. Any tree removal or pruning on city-owned open space or park parcels conforming to best management practices recommended by a certified arborist; B. Any tree removal or pruning for the purpose of creating a fire safety clear zone on city-owned open space parcels from for nearby homes or buildings in accordance with a recommendation by the fire marshal; or
C. Any other reason that the director of community services deemsed to be in the best interests of the city of San Bruno. (Ord. 1669 § 1, 2002)

8.25.070 Notification.

A decision by the director of community services public works or designee shall be rendered for each permit application. If a permit is approved, it shall include conditions in accordance with Sections 8.25.040 and 8.25.050. The director of community services public works or designee shall give written notification of the decision to the applicant and abutting property owners and include therein a copy of Section 8.25.080. If such real property is occupied by other than the owner, a like copy shall also be left with the occupant. The failure of any property owner to receive the notice shall not affect the validity of any proceedings taken pursuant to the notice. (Ord. 1669 § 1, 2002)

8.25.080 Appeal.

Any person The permit applicant may request the director of community services public works or designee to reconsider a decision on an application. Such a request shall be in writing, signed by the person making the request, and shall state the reasons the request is made, and shall be filed with the director of community services public works or designee not later than five p.m. of the tenth calendar day after the decision. The director of community services public works or designee will review the request and render a decision. 195 of 231
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9 Any person The permit applicant may appeal the reconsidered decision of the director of community services public works or designee to the city council by filing an appeal in writing with the city clerk not later than five p.m. of the tenth calendar day after the decision. The city clerk shall set the matter for hearing before the city council as soon as practicable at its next at the next regular meeting thereof which meeting, which is at least ten days after receipt of the appeal. Notice of the time of hearing shall be given to the appellant and the permit applicant for permit by mail at least five calendar days prior to the date of the hearing. (Ord. 1669 § 1, 2002)

8.25.090 Penalty.

Any person, firm or corporation violating any provision of this code shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which such violation exists.

The city attorney may, alternatively, prosecute such violation as an infraction. (Ord. 1669 § 1, 2002)
Chapter 8.28 UNDERGROUND UTILITY FACILITIES

8.28.020 Initiation of proceedings.

A. Proceedings for the removal of poles, overhead wires, and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service shall be initiated by either a petition or a determination of the city council.

B. 1. In order to initiate proceedings, a petition:
a. Shall describe the area comprising a proposed underground utility district, stating its exterior boundaries; or giving a description thereof according to any official or recorded map; or referring to a plat or map on file in the office of the city clerk or city engineer, which shall indicate by boundary line the extent of the territory included in the proposed district; b. Generally describe the proposed conversion;
c. Request that proceedings for such conversion be taken pursuant to this chapter.

2. This petition shall be signed by not less than five owners of assessable land in the proposed assessment district, as shown by the last equalized assessment roll used by the city, owning lands constituting more than one-half of all assessable lands within the proposed assessment district.

3. The petition shall be filed with the city clerk, who shall thereupon check or cause the petition to be checked. If the petition is signed by the requisite number of qualified signers, the clerk shall execute a certificate of sufficiency and present such certificate to the city council.

C. In order to initiate proceedings, the city council shall determine that the city or a public utility has voluntarily agreed to pay over fifty percent of all costs of conversion, excluding costs of users’ connections to underground electric or communication facilities. (Ord. 1412 § 1, 1982; Ord. 1408 § 1, 1982; prior code § 6-8.2)

8.28.030 Public hearing by council on placing utilities underground.

A. Upon the presentation of a certificate of sufficiency, or upon its own initiative, the city council may, from time to time, call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service.

B. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearing at least fifteen days prior to the date thereof.
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9 C. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard.

The decision of the council shall be final and conclusive. (Ord. 1408 § 1, 1982; prior code 6-8.3)

8.28.040 Designation by council of underground utility districts—Fixing of time for completion of work.

A. If, after any such public hearing, the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation.

B. Such resolution shall include a description of the area comprising such district and fix the time within which such removal and underground installation shall be accomplished and with which affected property owners must be ready to receive underground service.

C. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 1408 § 1, 1982; prior code 6-8.4)

8.28.050 Maintenance and construction of poles and overhead wires prohibited within designated districts.

A. Wherever the council has by resolution established an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when such overhead facilities are required to be removed by resolution.

B. Subsection A of this section shall not apply to such overhead facilities as may be required to furnish service to an owner or occupant of property prior to his or her performance of the underground work necessary to continue to receive utility service as provided in Section

8.28.100, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter. (Ord. 1408 § 1, 1982; prior code 6-8.5)

8.28.060 Exceptions to undergrounding requirements—Emergency service—Unusual requirements.

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the city council, in order to provide emergency service. The council may grant special permission, on such terms as the council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. (Ord. 1408 § 1, 1982; prior code 6-8.6)

8.28.070 Exceptions to undergrounding requirements—Additional exceptions.

This chapter and any resolution adopted pursuant to Section 8.28.040 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the director of public works;
B. Poles, or electroliers used exclusively for street lighting; C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
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9 D. Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at normal voltages in excess of thirty-four thousand five hundred volts;
E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street; F. Antennae, associated equipment and supporting structures, used for furnishing communication services;
G. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts; H. Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects. (Ord. 1408 § 1, 1982; prior code 6-8.7)

8.28.080 Notice to property owners and utility companies to provide underground facilities.

A. Within ten days after the effective date of a resolution adopted pursuant to Section 8.28.040, the city clerk shall notify all affected utilities and all persons owning real property within the district of the adoption thereof. The city clerk shall further notify such affected property owners that they or the occupant of the property must provide all necessary facility changes on their premises if they desire to continue to receive electric, communication, or similar or associated service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations, and tariffs of the respective utility or utilities on file with the commission.

B. Notification by the city clerk shall be made by mailing a copy of the resolution, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 1408 § 1, 1982; prior code 6-8.8)

8.28.090 Responsibilities of utility companies.

If underground construction is necessary to provide utility service within a district, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. (Ord. 1408 § 1, 1982; prior code 6-8.9)

8.28.100 Responsibilities of property owners—Authority of building inspector to order removal of overhead facilities.

A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his or her property between the facilities referred to in Section 8.28.090 and the termination facility on or within such building or structure being served, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

B. In the event any such person does not comply with the provisions of subsection A of this section within the time provided for in the resolution, the building inspector shall post written notice on the property being served, and thirty days thereafter he or she shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property. (Ord. 1408 § 1, 1982; prior code 6-

8.10)

8.28.110 Responsibilities of city.

The city shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to 198 of 231
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9 remove the same within the time specified in the resolution. (Ord. 1408 § 1, 1982; prior code 6-

8.11)

8.28.120 Extension of time.

In the event that any act required by this chapter or by resolution cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 1408 § 1, 1982; prior code 6-8.12)

ALTERNATE PROCEDURE FOR SECURING RESIDENTIAL CONVERSION COSTS

8.28.130 Failure of person other than utility to comply with conversion order.

If a person other than a utility does not install the facilities for which he or she is responsible as directed or within the time prescribed, the city of San Bruno may do the work and assess the cost against the property in the manner prescribed in this chapter. (Ord. 1517 § 2, 1990)

8.28.140 Survey of property owners failing to convert.

When the time for completing the conversion to underground expires, the San Bruno director of public works shall make an engineering study and prepare a list of each property owner who has not installed underground the facilities necessary to receive service from the utilities. (Ord. 1517 § 2, 1990)

8.28.150 Filing of list with council and resolution to institute proceedings.

The director of public works shall file the list and report prepared under Section

8.28.140 with the city council. The city council may adopt a resolution directing the institution of proceedings under this chapter. (Ord. 1517 § 2, 1990)

8.28.160 Notice to property owners.

The director of public works shall have a notice prepared in substantially the following form:

NOTICE TO INSTALL FACILITIES

UNDERGROUND
Notice is given to: ______ _______
(name) (address)
______ _______
that on ______, 20__, the City Council of the City of San Bruno adopted a resolution creating an Underground Utility District and declaring that facilities shall be installed underground and directing that the work be completed no later than _______. Thereafter the City Council did adopt a resolution directing that proceedings be instituted under Section

8.28.130 et seq. of the San Bruno Municipal Code by which the city would do the work and assess the cost against the land, and that the cost would be a lien upon the property until paid.

Reference is made to these resolutions for further particulars.

The city has made an estimate of the cost of doing the work based upon an average installation. The estimated cost is
$_______________
However, this is an estimate only and no detailed study has been made of the cost for your particular property.
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9 Each property owner having an objection to the proposed estimate of cost for installation of underground facilities is notified to attend the meeting of the San Bruno City Council to be held on _________, when their objections to this cost estimate will be heard and given due consideration.
(Date)
_____________________
Director of Public Works
(Ord. 1517 § 2, 1990)

8.28.170 Publication, posting and mailing of notice.

The director of public works shall have a copy of the notice posted conspicuously in front of or on the property affected in any manner most likely to give actual notice to the property owner. The public works director shall also have the notice published once in a newspaper of general circulation printed and published in the county and mailed to the property owner at his/her last known address or as shown on the last equalized assessment roll.

The posting, publication and mailing shall be complete at least ten days before the day set for the hearing. (Ord. 1517 § 2, 1990)

8.28.180 Hearing and action of city council.

At the time set for hearing the council shall hear all objections and may continue the hearing from time to time. Upon the conclusion of the hearing the council shall allow or overrule each or any of the objections, after which it may order the work performed. (Ord. 1517 § 2, 1990)

8.28.190 Method of performing work.

The city of San Bruno may do the work with its own forces or may let a contract for the work. (Ord. 1517 § 2, 1990)

8.28.200 Authority to enter property and perform work.

The city of San Bruno and each authorized agent or employee of the city of San Bruno may enter upon the private property for the purpose of performing the work of installing underground facilities required by resolution of the council. (Ord. 1517 § 2, 1990)

8.28.210 Report of cost of performing work.

The director of public works shall file an engineer’s report showing the costs of doing the work on each separate parcel within thirty days after the work is completed.

Before submitting the report to the council, a copy of it shall be posted for at least three days at the San Bruno City Hall together with a notice that the report will be submitted to the council for confirmation. (Ord. 1517 § 2, 1990)

8.28.220 Hearing on report of costs.

At the time fixed for considering the report, the council shall hear objections of each property owner liable for the cost of the work. The council may make such modifications as it considers necessary. Following the hearing, the council shall confirm or amend the report. (Ord. 1517 § 2, 1990)

8.28.230 Costs to be a special assessment and made a lien on property.

The amount of the cost for removing the overhead facilities and installing the underground facilities upon each of the parcels of property listed in the report as confirmed is a special assessment against the respective parcel of property and is a lien on the property for the amount of the assessment. (Ord. 1517 § 2, 1990)
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9 8.28.240 Transmittal of assessment to county auditor.

The San Bruno city manager shall send a copy of the report as confirmed to the county auditor before the next succeeding August 10th, together with the request that the auditor enter the amounts of the assessment against the parcel of property as it appears on the assessment roll. (Ord. 1517 § 2, 1990)

8.28.250 Collection of assessment.

The county tax collector shall collect the assessments pursuant to a resolution of the city council. (Ord. 1517 § 2, 1990)

8.28.260 Applicability of laws governing levy, collection and enforcement of county taxes.

The laws which govern the levy, collection, enforcement, cancellation and refund of county taxes apply to the special assessment levied under this chapter. (Ord. 1517 § 2, 1990) Chapter 8.32 REGULATION OF NEWSRACKS IN PUBLIC RIGHTS-OF-WAY

8.32.010 Purpose.

The purpose of these regulations is to acknowledge and achieve the following:

A. There is a substantial governmental interest in promoting the public health, safety, welfare and convenience by ensuring that persons may reasonably use the public streets, sidewalks, rights-of-way, and other public property without interference with such use.

B. Newsracks placed and maintained on the streets, sidewalks, or other public rights-of-way, absent some reasonable regulation, may unreasonably interfere with the use of such streets, sidewalks and public rights-of-way, and may present hazards to persons or property.

C. The streets, sidewalks and public rights-of-way are historically associated with the sale and distribution of newspapers and other publications, and that access to and use of these areas for such purposes is not to be denied except where such use unreasonably interferes with the use of these areas by pedestrians or traffic, or where such use presents a hazard to persons or property.

D. Reasonable accommodation of these competing interests can be achieved by adoption of this chapter, which regulates the placement and maintenance of newsracks.

E. The public health, safety, welfare, and convenience require that: interference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction of sight distance and views of traffic and identifying signs be avoided; obstruction of sight distance and views of traffic and identifying signs and street-crossing pedestrians be eliminated; damage done to sidewalks or streets be minimized and repaired; the good appearance of the public streets and grounds be maintained; trees and other landscaping be allowed to grow without disturbance; access to emergency and other public facilities be maintained; and ingress and egress from properties adjoining the public rights-of-way be protected and reasonable commercial uses on private property not be impeded or interfered with.

F. The regulation of the sale of free distribution of newspapers and other publications dispensed in vending machines as set forth in this chapter provides the least intrusive and burdensome means for ensuring the purposes stated in this section are carried out while still providing ample opportunities for the distribution of news to the citizens of the city of San Bruno.

G. These regulations shall also serve as guidelines for the maintenance of newsracks on private property. (Ord. 1566 § 1, 1995)
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9 8.32.020 Definitions.

A. “Abandoned newsrack” is any newsrack which remains empty for ten business days, except that a newsrack remaining empty due to labor strike or any temporary and extraordinary interruption of distribution or publication by the newspaper or other publication sold or distributed from that newsrack shall not be deemed abandoned.

B. “Newsrack” is any self-service or coin-operated box, container, storage unit, or other dispenser installed, used or maintained for the display and sale or distribution of newspapers, periodicals, or other publications, including space within a city-owned modular newsrack.

C. “Modular newsracks” are single newsracks containeding separate provisions for two or more different publications, where each kind has separate coin slots or merchandise receptacles or places where the publication is dispensed.

D. “Public right-of-way” includes the area and those areas dedicated to public use for public street purposes including, but not limited to, roadways, median strip, alleys and sidewalks.

E. “Roadway” is that portion of a public right-of-way improved, designed and ordinarily used for vehicular traffic including drainage gutters and curbs a minimum of six inches in horizontal width.

F. “Sidewalk” is that portion of a public right-of-way provided for the exclusive use of pedestrians, including planting areas or park strips, between the public roadway and adjacent property lines.

G. “Temporary newsracks” include any newsracks maintained in the public right-of- way for a trial period of up to forty-five days. (Ord. 1566 § 1, 1995)

8.32.030 Newsrack permit required.

A. The provisions of this chapter shall be the exclusive requirements for newsrack encroachments onto public property in the city of San Bruno and preempt any other provisions in this code.

B. Each newsrack distributor shall obtain a newsrack permit for all newsracks located on or projecting into any public right-of-way or public property with the director of public works planning and building or his or her designee on the forms provided by the director or his or her designee within twenty-four hours of placement on public right-of-way or public properties demonstrating that their newsracks comply with all requirements of this chapter.

C. Each applicant shall pay a nonrefundable fee in an amount to be established by resolution of the city council, to defray the cost of issuing the permit.

D. The newsrack permit application form shall state the name, address, and telephone number of those responsible for installation, use, and maintenance of the newsracks, and shall describe, with particularity, the location(s) proposed for installation. Any newsrack permit shall be issued within ten working days if the type of newsrack and location(s) proposed meet the standards set forth in this chapter.

E. If a newsrack permit is disapproved, in whole or in part, the director of public works planning and building or his or her designee shall notify the applicant promptly, explaining the reasons for denial of a newsrack permit. The applicant shall have ten calendar days within which to appeal the decision to the city council in accordance with the appeals provisions of this code.

F. A person securing a newsrack permit may install and maintain additional newsracks by an amendment to the permit originally granted to that person. The rules and procedures of this section shall also apply to the review and approval of any such amendment.

G. All persons who obtain a newsrack permit shall also obtain and display on each newsrack an identification/permit marker provided by the city of San Bruno. (Ord. 1566 § 1, 1995)
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9 8.32.040 Design.

A. Each newsrack shall be constructed in a manner that secures its contents against displacement and destruction from weather conditions a 49-16 or 100 style (as manufactured by “Sho-Rack”) or KJ50/KJ55F (as manufactured by “K-Jack”) or M-30/M-33 (as manufactured by National Newsvend) or its equivalent. Additionally, “armorhood 80 style” racks and “Ganset” racks may be used or its equivalent. Further, any newsrack that has been approved by the city may be used. However, where there are more than five non-modular newsracks in any one location, modular style racks shall be required. Although not required, the city encourages the use of “federal brown” (as manufactured by “Sho-Rack”) or “San Jose brown” (as manufactured by “K-Jack”) panels preferred. (This ordinance is not intended to mandate the color of newsracks within the city).

B. The compartments of modular newsracks shall be placed in such a manner as to utilize no more than two horizontal rows of four compartments per row.

C. No newsrack shall be installed in the public right-of-way that does not meet the approved newsrack dimensions of not more than four feet high including pedestal measured from the ground to the top surface of the newsrack, not more than two feet deep and not more than thirty inches wide.

D. The design of a newsrack shall not create a danger to the persons using the newsrack in a reasonably foreseeable manner.

E. Newsracks may be placed next to each other. However, no group of newsracks placed along a curb shall extend for a distance of more than eleven feet, and shall be no closer than four feet to another group of newsracks along a curb. If sufficient space does not exist to accommodate all newsracks sought to be placed at one location without violating the standards set forth in this chapter, the planning and building director of public works or his or her designee shall give priority, on a historical first-come, first-served basis, to permit applicants as follows:

1. First priority, on a first-come, first-served basis, shall be given to daily publications (inclusive of their Saturday, Sunday or weekend editions whether or not published jointly with another newspaper) published at least five times per week;

2. Second priority, on a first-come, first-served basis, shall be given to publications published more than once but less than five days per week;

3. Third priority, on a first-come, first-served basis, shall be given to weekly publications;

4. Fourth priority, on a first-come, first-served basis, shall be given to biweekly publications (published less than once per week but more than once per month); and

5. Fifth priority, on a first-come, first-served basis, shall be given to monthly or less frequent publications.

F. All newsracks shall be pedestal-mounted, and shall be permanently affixed to the ground, except as permitted under this chapter.

G. Newsracks do not require approval from the architectural design review committee.

H. The highest operable part of the coin slot, if provided for the newsrack, all controls, dispensers and other operable components of newsracks shall not be greater than forty-eight inches above the level of the adjacent pavement or sidewalk, nor lower than fifteen inches above the level of the adjacent pavement or sidewalk.

I. It is intended that the provisions of this ordinance shall be consistent with the accessibility standards of the American with Disabilities Act of 1990, Public Law, 101-336 and further amendments affecting the general safety and welfare of all citizens of and visitors to the city of San Bruno, and that it is the responsibility of the owner of each newsrack to comply with all such provisions. (Ord. 1566 § 1, 1995)
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9 8.32.050 Placement.

No person shall install, stock, use, or maintain any newsrack which in whole or in part rests upon, on, or over any sidewalk or parkway, when such installation, use, or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other government use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including handicapped access, the ingress into or egress from any residence, place of business, or the use of poles, posts, traffic and identifying signs, hydrants, postal service collection boxes, or other objects permitted at or near said location. (Ord. 1566 § 1, 1995)

8.32.060 Standards.

A. Any newsrack that is not owned by the city, which in whole or in part rests upon, on, or over any sidewalk or parkway, shall comply with the following standards:

1. Newsracks shall only be placed near a curb or adjacent to the wall of a building.

The back of newsracks placed near the curb shall be placed no less than eighteen inches nor more than twenty-four inches from the edge of the curb. The back of newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on a sidewalk or parkway opposite another newsrack or kiosk which distributes newspapers, periodicals, or other publications only.

2. All newsracks shall be permanently affixed to the ground except as permitted under this chapter. Newsracks shall not be chained or otherwise attached to a bus shelter, bench, street light, utility pole, or sign pole, to any other single or modular newsrack, or to any tree, shrub, or other plant, nor situated upon any landscaped area.

3. Any single unit newsrack which meets the requirements of this ordinance may be permitted in any single location for a period of forty-five days in order to determine the suitability of long-term newsrack locations. At least ten business days prior to locating a temporary newsrack, a complete license application shall be submitted, including written notice of the particular location and date upon which the forty-five day trial period will begin. Within ten business days after expiration of the forty-five day trial period, the person maintaining the newsrack shall either cause it to be removed or submit a written request to the planning and building director of public works or his or her designee for a permit for a permanent newsrack location. Temporary newsracks shall be skirted and weighted down.

4. No newsrack shall be placed, installed, used or maintained:
a. Within fifteen feet of any marked or unmarked crosswalk as measured from the curb return;
b. Within five feet of any fire hydrant, fire call box, police call box, or other emergency facility;
c. Within five feet of any driveway;
d. Within five feet of any bus bench;
e. Within five feet of any red curb of a bus stop zone; f. At any location where the clear space for the passage of pedestrians is reduced to less than six feet;
g. In such a manner as to impede or interfere with the reasonable use of any commercial window display, any identifying signs, or any landscaping; h. Within fifteen feet of the curb return of any wheelchair curb ramp not in a marked crosswalk. (Ord. 1566 § 1, 1995)

8.32.070 Standards related to harmful matter.

A. Newsrack boxes located in public places, other than those from which minors are excluded, and which contain harmful matter as to that term is defined in Section 313.1 of the 204 of 231
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9 California Penal Code shall be equipped with blinder racks in front of the material so that the lower two-thirds of the material is not exposed to public view.

B. Newsrack boxes located in public places, other than those from which minors are excluded, and which contain on the first page or cover, material depicting or describing specified sexual activities, as defined in subsection C of this section, which contain on the first page or cover, material depicting or describing specified anatomical areas, as defined in subsection D of this section, where such picture, illustration, or statement has as its purpose or effect sexual arousal, gratification, or affront, shall be equipped with blinder racks in front of the material so that the lower two-thirds of the material is not exposed to public view.

C. “Specified sexual activities” means:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse, or sodomy;

3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

D. “Specified anatomical areas” means:

1. Less than completely and opaquely covered human genitals, pubic hair, buttocks, perineum, anal region, or female breast at or below the areola thereof; and

2. Human male genitals in a discernibly turgid state even if completely and opaquely covered. (Ord. 1566 § 1, 1995)

8.32.080 Maintenance.

A. Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. For example, without limitation, the newsrack shall be reasonably free of dirt and grease, be reasonably free of chipped, faded, peeling or cracked paint, be reasonably free of rust and corrosion, have no broken or cracked plastic or glass parts, and have no broken structural parts. Adhesive labels, other than identification/approval labels issued by the city of San Bruno, unrelated to publications in the newsracks shall not be displayed on newsracks.

B. Abandoned newsracks may be removed by the planning and building director of public works or his or her designee and may be disposed of if not claimed by the owner within thirty days after the city of San Bruno has notified the owner in writing. Such notice shall state the code section violations, the length of time within which the violation must be cured, and the forum within which the owner may request a hearing.

C. Each newsrack which requires the deposit of money to obtain the publication shall be equipped with a coin return mechanism to permit persons using the machine to secure a refund in the event they are unable to receive the publication paid for. The coin return mechanism shall be maintained in good working order.

D. Every person maintaining a newsrack under the terms of this chapter shall have his or her name, current address, and telephone number (updated within ten days of any changes) affixed to the newsrack in a place where such information will be readily visible and shall include, with such identification, instructions on how to receive a refund in the event of coin return malfunctions.

E. Upon removal of a newsrack, the public right-of-way shall be returned to its original condition including, but not limited to, the refilling of holes installed for purposes of maintaining newsracks. (Ord. 1566 § 1, 1995)

8.32.090 Abatement of violation.

A. A newsrack in violation of this chapter may be removed by a designated planning and building department employee of the city of San Bruno, if it is impossible to remedy the violation and said violation poses a danger to health and safety, pedestrians and vehicular traffic.
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9 B. Before any newsrack is removed, the owner shall be notified by posting and mailing, where feasible, to the address for such party stated on the newsrack permit and given ten days to remedy the violation and/or contest removal. If no identification is shown on the newsrack and no newsrack permit has been obtained, posting of the notice on the newsrack alone shall be sufficient. Both forms of notice shall state the place to request a hearing to contest removal of the newsrack.

C. Any person notified under Section 8.32.080(B) may submit a written request for a hearing before the director of public works planning and building, which hearing shall be held not less than ten business days after the request was made. The hearing shall be informal, but oral and written evidence may be given by both sides. Any action by the city of San Bruno with respect to the alleged violation shall be stayed pending the director of planning and building public work’s decision following the hearing, which decision shall be rendered no later than ten business days after the hearing. The director of public works planning and building may give oral notice of the decision at the close of the hearing, but shall give written notice as well of all decisions.

D. The city of San Bruno may remove a newsrack if the person responsible for such newsrack has: (i) neither requested a hearing before the director of public works of planning and building nor remedied the violation within ten business days following date of notice, or (ii) has failed to remedy the violation within ten business days after receiving a copy of the written decision that the newsrack was installed or maintained in violation of this chapter, following a hearing as conducted pursuant to this section. Such person shall be notified of the removal. Removed newsracks shall be retained by the city and may be recovered by the responsible party for a period of at least thirty business days following removal.

E. Notwithstanding the provisions of subsection A above, prior notice of removal is not required where the newsrack poses a danger to pedestrians or vehicles, provided notice of the removal and opportunity to contest is given the owner within ten days of the removal.

F. Removed or impounded newsracks shall be retained and may be recovered by their owner within thirty days of their removal. Newsracks removed or impounded by the city of San Bruno shall be retained at the city’s Corporation Yard. Newsracks which are not claimed within thirty days shall be deemed permanently abandoned and shall be disposed of.

G. The person responsible for such newsrack shall pay an impound fee covering the actual cost to the city of transporting, storing and disposing of such newsrack.

H. Abatement hereunder is a cumulative remedy and does not constitute a defense to misdemeanor citation proceedings which may be employed simultaneously pursuant to the general provisions of this code. (Ord. 1566 § 1, 1995)

8.32.100 Amortization requirements.

A. Every newsrack within the city of San Bruno which does not comply with the provisions of this chapter, shall be removed or otherwise brought into conformance within six months of the effective date of the ordinance codified in this chapter. (Ord. 1566 § 1, 1995) Chapter 8.36 SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY AND

WITHIN UTILITY EASEMENTS IN PUBLIC AND PRIVATE PROPERTIES

8.36.010 Purpose and intent.

A. The city of San Bruno intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the city’s territorial boundaries in the public right-of-way, consistent with and to the extent permitted under federal and California state law.
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9 The standards and procedures contained in this chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the city’s local values, which include, without limitation, the aesthetic character of the city, its neighborhoods and community. This chapter is also intended to reflect and promote the community interest by: (1) protecting the city’s visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure; (2) protecting and preserving the city’s environmental resources; and (3) promoting access to high-quality, advanced wireless services for the city’s residents, businesses and visitors.

B. This is the only San Bruno Municipal Code Chapter that applies to wireless facilities in the public-right-of-way and public utility easements on private properties, and any provisions of Chapter

12.220 that apply to wireless facilities in the right-of-way and public utility easements on public and private properties do not apply.

C. Appeals of wireless facility permits and any associated permits shall be heard under the provisions of this chapter, and no other San Bruno Municipal Code provisions related to appeals shall apply. (Ord. 1873 § 2, 2019)

8.36.020 General definitions.

The abbreviations, phrases, terms and words used in this chapter will have the meanings assigned to them in this section unless context indicates otherwise. In the event that any definition assigned to any phrase, term or word in this section conflicts with any federal- or state-mandated definition, the federal- or state-mandated definition will control.

A. “Accessory equipment” means any equipment other than the antenna(s) associated with a wireless facility, which includes, but is not limited to, cabling, generators, fans, air conditioning units, electrical panels, equipment cabinets, pedestals, meters, vaults, splice boxes and surface location markers.

B. “Approval authority” means the commission, board or official responsible for review of permit applications and vested with the authority to approve or deny such applications.

The approval authority for a wireless permit is the public works director or designee, on appeal, the city manager. The approval authority for a Section 6409 approval or a temporary wireless permit is the public works director.

C. “Base station” means the same as defined by the FCC in 47 C.F.R. Section

1.6100(b) (1), as may be amended.

D. “City manager” means the city manager of the city of San Bruno, or the city manager’s designee.

E. “Collocation” means the same as defined by the FCC in 47 C.F.R. Section

1.6.002(g) (1) and (2), as may be amended.

F. “CAPON” means a certificate of public convenience and necessity granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code Section 1001 et seq., as may be amended.

G. “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.

H. “Department” means the Department of Public Works of the city of San Bruno or its duly appointed successor agency.

I. “Director” means the director of public works of the city of San Bruno, or the director’s designee.

J. “Eligible facilities request” means the same as defined in and shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b) (3), or any successor provision.

K. “FCC” means the Federal Communications Commission or its duly appointed successor agency.
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9 L. “FCC shot clock” means the time frame within which the city generally must act on a given wireless application, as defined by 47 C.F.R. Sections 1.6003(c) (1) and 1.6100(c) (2) and as may be amended from time to time.

M. “Independent consultant” means a consultant hired by the city of San Mateo to process or review wireless facility applications.

N. “Personal wireless services” means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.

O. “Personal wireless service facilities” means the same as defined in 47 U.S.C.

Section 332(c) (7) (C) (i), as may be amended, which defines the term as facilities that provide personal wireless services.

P. “Public right-of-way” has the same meaning as “street” in San Bruno Municipal Code Section 8.04.110(C).

Q. “RF” means radio frequency or electromagnetic waves.

R. “Section 6409” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended.

S. “Section 6409 collocation” means the same as defined by the FCC in 47 C.F.R.

Section 1.6100(b) (2), as may be amended.

T. “Support Structure” means any structure capable of supporting a base station.

U. “Temporary wireless facilities” means portable wireless facilities intended or used to provide wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells-on-wheels (“COWs”), sites-on-wheels (“SOWs”), cells-on-light-trucks (“COLTs”) or other similarly portable wireless facilities not permanently affixed to the site on which they are located.

Specific time limits for the placement of temporary wireless facilities are addressed in San Bruno Municipal Code Section 8.36.120.

V. “Tower” means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b) (9), as may be amended.

W. “Transmission equipment” means the same as defined by the FCC in 47 C.F.R.

Section 1.6100(b)(8), as may be amended
X. “Utility pole” means a support structure in the public right-of-way designed to support electric, telephone, and similar utility lines. A tower is not a utility pole.

Y. “Wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

Z. “Wireless facility” means the antennas and associated equipment used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s). For the purpose of this chapter, this includes small wireless facilities as defined by the FCC in 47 C.F.R. Section 1.6002 (l), as may be amended. (Ord. 1873 § 2, 2019)

8.36.030 Administration.

Director of Public Works. The director or their designee is responsible for administering this chapter and establishing rules and regulations for this purpose. All such rules and regulations must be in written form and posted on the city’s website or otherwise made publicly available to prospective applicants. As part of the administration of this chapter, the director may:

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

3. Develop and implement standards and procedures governing the placement and modification of wireless facilities consistent with the requirements of this chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities; and

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

5. Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this chapter; and

6. Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations; and

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

8. Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure; and

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

10. Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application. (Ord. 1873 § 2, 2019)

8.36.040 Applicability.

A. Applicable Wireless Facilities. The provisions in this chapter shall be applied to all existing wireless facilities within the city’s public rights-of-way and all applications to construct, install, operate, collocate, modify, reconstruct, relocate or otherwise deploy wireless facilities within the city’s public rights-of-way, except as may be expressly provided otherwise in this chapter.

B. Exempt Wireless Facilities. Notwithstanding subsection A, the provisions in this chapter will not be applicable to: (1) wireless facilities not proposed or currently located in the public right-of-way; (2) wireless facilities owned and operated by the city for public purposes; (3) amateur radio facilities; and (4) wireless facilities or equipment owned and operated by CPUC- regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.

C. Pre-Existing Facilities in the Public Right-of-Way. Any wireless facility already existing in the Public Right-of-Way as of the date of this chapter’s adoption shall remain subject to the provisions of this code in effect prior to this chapter, unless and until a renewal of such facility’s then-existing permit is granted, at which time the provisions of this chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre-existing facilities shall be conducted pursuant to this chapter, rather than the portion(s) of this code under which it was previously reviewed.

D. Special Provisions for Section 6409 Approvals. Notwithstanding subsection A, all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public right-of-way and submitted pursuant to Section 6409 will be reviewed under the application procedures in Section 8.36.060 and the 209 of 231
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9 standards in Section 8.36.140. If the applicant’s request does not qualify for approval under Section 6409, the applicant may submit the same or a substantially similar application for a wireless facility permit under the general provisions in this chapter. (Ord. 1873 § 2, 2019)

8.36.050 Required approvals.

A. Wireless Facility Permit. A wireless facility permit, subject to the director’s review and approval in accordance with the procedures and design regulations in this chapter, is required for:

1. Any new wireless facility proposed on an existing, new, or replacement support structure with accessory equipment in the public right-of-way;

2. Any collocations, modifications or other changes to an existing wireless facility not subject to Section 6409 in the public right-of-way; and

3. Any wireless facility installed on city-owned support structures or other personal property in the public rights-of-way pursuant to a valid master license agreement with the city.

B. Temporary Wireless Facility Permit. A temporary wireless facility permit, subject to the director’s prior review and approval in accordance with the procedures and standards in Section 8.36.120 is required for any temporary wireless facility, unless deployed in connection with an emergency pursuant to Section 8.36.120(B).

C. Section 6409 Approval. A Section 6409 approval (addressed in Section

8.36.140) is required for applications submitted pursuant to Section 6409.

D. Other Permits and Regulatory Approvals. In addition to any wireless facility permit, Section 6409 approval, temporary wireless facility permit or other permit or approval required under this chapter, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes, without limitation, any other permits and/or approvals issued by other city departments or divisions. Furthermore, any permit or approval granted under this chapter or deemed granted or deemed approved by law shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or approvals. (Ord. 1873 § 2, 2019)

8.36.060 Application requirements.

A. Application Required. The approval authority shall not approve any request for a wireless facility permit, Section 6409 approval or temporary wireless facility permit except upon a complete and duly filed application consistent with this section and any other written rules the city or the director may establish from time to time in any publicly-stated format.

B. Application Content. All applications for a wireless facility permit, Section 6409 approval or temporary wireless facility permit must include all the information and materials required by the director for the application. All applications shall, at a minimum: (1) require the applicant to demonstrate that the proposed project will be in planned compliance with all applicable health and safety laws, regulations or other rules, which includes, without limitation, all building codes, electric codes and all FCC rules for human exposure to RF emissions; and (2) contain sufficient evidence (such as a valid CPCN) of the applicant’s regulatory status as a telephone corporation under the California Public Utilities Code.

C. Procedures for a Duly Filed Application. Any application for a wireless facility permit or Section 6409 approval will not be considered duly filed unless submitted in accordance with the procedures in this section. Any application for a temporary wireless facility permit must be filed in accordance with the procedures in Section 8.36.120.

1. Voluntary Pre-Submittal Conference. Before application submittal, the applicant is strongly encouraged to schedule and attend a pre-submittal conference with the director or designee for all proposed projects. The voluntary pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, any latent issues in connection with the 210 of 231
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9 proposed or existing wireless facility, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other city departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that city staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The department shall use reasonable efforts to provide the applicant with an appointment within ten working days after receiving a written request and any applicable fee or deposit to reimburse the city for its reasonable costs to provide the services rendered in the pre-submittal conference.

2. Submittal Appointment. All applications must be submitted to the city at a pre- scheduled appointment with the director. Applicants may generally submit one application per appointment but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The director shall provide the applicant with an appointment within a reasonable time after the director receives a written request. Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed unless the applicant received a written exemption from the director at a pre-submittal conference.

D. Denials Without Prejudice. To promote efficient review and timely decisions, if the applicant fails to tender a substantive response to the department within ninety calendar days after the director deems the application incomplete in a written notice to the applicant, the director may, in the director’s discretion, either deny the application without prejudice or grant a written extension for up to an additional thirty calendar days when the applicant submits a written request prior to the ninetieth day that shows good cause to grant the extension. Delays due to circumstances outside the applicant’s reasonable control will be considered good cause to grant the extension.

E. Peer and Independent Consultant Review.

1. Authorization. The city council authorizes the director to, in the director’s discretion, select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues satisfactory to the director in connection with any permit application.

2. Scope. The director may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit applications for wireless facilities, which include, without limitation: (a) permit application completeness and/or accuracy; (b) pre-construction planned compliance with applicable regulations for human exposure to RF emissions; (c) post-construction actual compliance with applicable regulations for human exposure to RF emissions; (d) whether and to what extent any technically feasible and/or potentially available alternative sites or concealment techniques may exist; (e) the applicability, reliability and/or sufficiency of any information, analyses or methodologies used by the applicant to reach any conclusions about any issue with the city’s discretion to review; and (f) any other issue identified by the director that requires expert or specialized knowledge. The director may request that the independent consultant complete any required work, including written reports and attendance at meetings with city staff and/or the applicant.

3. Consultant Fees—Deposit. In the event that the director elects to retain an independent consultant in connection with any permit application, the applicant shall be responsible for the reasonable costs in connection with the services provided, which may include, without limitation, any costs incurred by the independent consultant to attend and participate in any meetings or hearings. Before the independent consultant may perform any services, the applicant shall tender to the city a deposit in an amount equal to the estimated cost for the services to be provided, as determined by the director. The director may request 211 of 231
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9 additional deposits as reasonably necessary to ensure sufficient funds are available to cover the reasonable costs in connection with the independent consultant’s services. In the event that the deposit exceeds the total costs for consultant’s services, the director shall promptly return any unused funds to the applicant after the wireless facility has been installed and passes a final inspection by the appropriate city official or designee. In the event that the reasonable costs for the independent consultant’s services exceed the deposit, the director shall invoice the applicant for the balance. The city shall not issue any construction or encroachment permit to any applicant with any unpaid deposit requests or invoices. (Ord. 1873 § 2, 2019)

8.36.070 Public notice requirements.

A. Notice Requirements for Wireless Facility Permit Applications. Once an application for a wireless facility permit is submitted, a public notice shall be mailed by the approval authority to all owners of real property and the site address (if different) if any part of which is located within three hundred feet of the proposed wireless facility location. The notices will be distributed through the United states mail using the recipient list prepared by the city. The notice must contain, at minimum: (1) a general description of the proposed project, including the project location, plans, photo simulations, or renderings that depict the wireless facility installation in context of the natural and built environment; (2) the applicant’s name and contact information as provided on the application form; and (3) contact information for the department; and (4) how to request a copy of the decision notice referenced in 8.36.070(C). In addition to the mailed public notice, a notice shall be placed on the utility pole, the traffic signal control pole, the streetlight, or other proposed facility location, as feasible. This notice shall be posted for a minimum of ten calendar days.

B. Notice Regarding FCC shot clock. Not less than fifteen calendar days and no more than thirty calendar days prior to the date when the applicant believes that the applicable FCC shot clock expires, and in addition to any public notice required prior to a decision, an applicant for a wireless facility permit must provide written notice to the approval authority that contains: (1) a statement indicating the date the applicant believes the applicable FCC shot clock expires; (2) a general description for the proposed project and any assigned application number; and (3) the applicant’s name and contact information.

C. Decision Notices. Before the applicable FCC shot clock expires, the approval authority or its designee shall send a written notice of decision (“decision notice”) to the applicant and all parties who requested a copy of the decision notice on the application. In the event that the approval authority denies the application (with or without prejudice), the written notice must contain: (1) the reasons for the decision; and (2) instructions for how and when to file an appeal. (Ord. 1873 § 2, 2019)

8.36.080 Decisions—Exceptions.

A. Required Findings for Approval. The approval authority may approve or conditionally approve an application for a wireless facility permit submitted under this chapter when the approval authority finds all of the following:

1. The proposed wireless facility complies with all applicable design and siting guidelines; and

2. The applicant has demonstrated that its proposed wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions; and

3. The applicant has proposed to place the wireless facility in the most-preferred location or, if the wireless facility is not proposed in the most-preferred location, the applicant has demonstrated a good-faith effort that the more-preferred alternative won’t serve the service objectives and/or is technically infeasible; and
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9 B. Conditional Approvals; Denials Without Prejudice. Subject to any applicable federal or California laws, nothing in this chapter is intended to limit the approval authority’s ability to conditionally approve or deny without prejudice any application governed under this chapter as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the general plan and any specific plan, the San Bruno Municipal Code and/or this section.

C. Exceptions. Decisions on applications for placement of wireless facilities in the public right-of-way shall, at a minimum, ensure that the requirements of Section 8.36.060 are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this chapter may be waived on a one-time basis, but only to the minimum extent required to avoid the prohibition or violation. (Ord. 1873 § 2, 2019)

8.36.090 Standard conditions of approval.

A. Conditions of Approval Adopted by City Council Resolution. The city council may, either on its own motion or upon a recommendation from the director, adopt by resolution standard conditions of approval for wireless facilities subject to this chapter. All wireless facilities, whether approved by the approval authority or deemed approved or deemed granted by law shall be automatically subject to all such standard conditions of approval as may be adopted in a resolution by the city council.

B. Modifications to Standard Conditions. The approval authority (or the appellate authority) shall have discretion to modify or amend any standard conditions of approval on a case-by-case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the general plan and any specific plan, the San Bruno Municipal Code and/or this chapter. (Ord. 1873 § 2, 2019)

8.36.100 Appeals.

A. Appeals. Any person adversely affected by the decision of the director pursuant to this chapter may appeal the decision to the city manager, who may decide de novo, and whose written decision will be the final decision of the city.

B. Decisions Granting Exceptions. Where the director grants an application based on an exception, the decision shall be automatically appealed to the city manager.

C. Timing. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law. All appeals must be filed within five business days of the written decision of the director, unless the director extends the time therefor. An extension may not be granted when the extension would result in approval of the application by operation of law. (Ord. 1873 § 2, 2019)

8.36.110 Design standards.

A. Generally Applicable Design Standards. All new wireless facilities and collocations, modifications or other changes to existing wireless facilities not covered under Section 6409 must conform to the generally applicable design and siting guidelines adopted by resolution of the city council.

B. Administrative Design and Engineering Standards and Application Requirements. The director may develop, and from time to time amend, design and engineering standards and application requirements consistent with the generally applicable design 213 of 231
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9 regulations to clarify the aesthetic and public safety goals and standards in this chapter for city staff, applicants and the public. In the event that a conflict arises between the design and siting guidelines adopted by city council by resolution and the administrative design and engineering standards adopted by the director, the design and siting guidelines adopted by city council by resolution shall control. (Ord. 1873 § 2, 2019)

8.36.120 Temporary wireless facilities.

A. General Requirements for Temporary Wireless Facilities. Except as provided in this section, the requirements, procedures and standards in this section shall be applicable to all applications for a temporary wireless permit for a temporary wireless facility.

1. Applications for Temporary Wireless Facilities. The director shall not approve any temporary wireless facility subject to a temporary wireless permit except upon a duly filed application consistent with this section and any other written application requirements or procedures the director may publish in any publicly-stated format. Applicants for a temporary wireless permit must submit, at a minimum: (a) a temporary wireless permit application on the most current form prepared by the department; (b) the applicable fee for the application; (c) a site plan that shows the proposed temporary wireless facility and its equipment, physical dimensions and placement on the proposed site relative to property lines and existing structures; (d) an RF compliance report in accordance with the city’s requirements; and (e) an insurance certificate for general commercial liability that names the city as an additional insured, includes coverage for the time period in which the temporary wireless facility will be placed and carries at least one million dollars in coverage per occurrence. Applications must be submitted in person to the director unless the director grants written consent to receive an application by mail or electronic means. No pre-submittal conference or appointment is required for a temporary wireless permit application.

2. Administrative Review for Temporary Wireless Facilities. After the director receives a duly filed application for a temporary wireless permit, the director shall review the application for completeness. After the director deems the application complete, the director shall review the application for conformance with the required findings in this section and render a written decision to the applicant. Any denials must include the reasons for the denial. The review shall be administrative in nature and shall not require notice or a public hearing.

3. Required Findings for Temporary Wireless Facilities. The director may approve or conditionally approve a temporary wireless permit for a temporary wireless facility only when the director finds all of the following:
a. The proposed temporary wireless facility will not exceed fifty feet in overall height above ground level; and
b. The proposed temporary wireless facility will be placed as far away from adjacent property lines as possible, or otherwise in a location that will be least likely to cause adverse impacts on adjacent properties; and
c. Any excavation or ground disturbance associated with the temporary facility will not exceed two feet below grade; and
d. The proposed temporary wireless facility will be compliant with all generally applicable public health and safety laws and regulations, which includes, without limitation, compliance with maximum permissible exposure limits for human exposure to RF emissions established by the FCC; and
e. The proposed temporary wireless facility will not create any nuisance or violate any noise limits applicable to the proposed location; and f. The proposed temporary wireless facility will be identified with a sign that clearly identifies: (i) the site operator; (ii) the operator’s site identification name or number; and (iii) a working telephone number answered twenty-four hours per day, seven days per week by a live person who can exert power-down control over the antennas; and 214 of 231
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9 g. The proposed temporary wireless facility will be removed within thirty days after the director grants the temporary wireless permit, or such longer time as the director finds reasonably related to the applicant’s need or purpose for the temporary wireless facility; and h. The applicant has not been denied a wireless permit for any permanent wireless facility in the same or substantially the same location within the previous three hundred sixty-five days.

B. Temporary Wireless Facilities for Emergencies. Temporary wireless facilities may be placed and operated within the city without a temporary wireless permit only when a duly authorized federal, state, county or city official declares an emergency within a region that includes the city in whole or in part. Any temporary wireless facilities placed pursuant to this section must be removed within fifteen days after the date the emergency is lifted, as determined by the city council. Any person or entity that places temporary wireless facilities pursuant to this section must send a written notice that identifies the site location and person responsible for its operation to the director as soon as reasonably practicable and prior to any actual placement of the facilities. The director, or a designee, may modify or disallow the placement of the temporary wireless facilities as is needed to ensure public health and safety and when it is in the best interest of the city. (Ord. 1873 § 2, 2019)

8.36.130 Breach—Termination of permit.

A. For Breach. A wireless permit may be revoked by the director for failure to comply with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be removed within the time frame designated by the city; provided that removal of a support structure owned by city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city. All costs incurred by the city in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.

B. For Installation Without a Permit. A wireless facility installed without a wireless permit (except for those exempted by this chapter) must be removed; provided that removal of support structure owned by the city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city. All costs incurred by the city in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.

C. Municipal Infraction. Any violation of this chapter will be subject to the same penalties as a violation of the San Bruno Municipal Code Title 5 Nuisances—Chapter 5.08 Enforcement, Nuisance Abatement and Cost Recovery. (Ord. 1873 § 2, 2019)

8.36.140 Special provisions for Section 6409 approvals.

A. Applicability. This section applies to all eligible facilities requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public rights-of-way submitted pursuant to Section 6409.

B. Additional Section 6409 Definitions. In addition to the definitions in Section

8.36.020, the abbreviations, phrases, terms and words used in this section will have the following meanings assigned to them unless context indicates otherwise. In the event that any definition assigned to any phrase, term or word in this section conflicts with any federal- or state-mandated definition, the federal- or state-mandated definition will control.

1. “Eligible facilities request” means the same as defined by the FCC in 47 C.F.R.

Section 1.6100(b) (3), as may be amended.

2. “Eligible support structure” means the same as defined by the FCC in 47 C.F.R.

Section 1.6100(b) (4), as may be amended.
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9 3. “Existing” means the same as defined by the FCC in 47 C.F.R. Section

1.6100(b) (5), as may be amended.

4. “Site” means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b) (6), as may be amended.

5. “Substantial change” means the same as defined by the FCC in 47 C.F.R.

Section 1.6100(b) (7), as may be amended.

C. Required Approval. Eligible facilities requests shall require an administrative approval in such form determined by the director consistent with all valid and enforceable terms and conditions of the underlying permit or other prior regulatory authorization for the tower or base station. Each application for approval of an eligible facilities request shall be subject to the director’s review and approval, conditional approval or denial pursuant to the standards and procedures in this section.

D. Decisions.

1. Administrative Review. The director shall administratively review applications for approval of an eligible facilities request, and may act on such application without prior notice or a public hearing.

2. Decision Notices. The director shall send a written notice of decision to the applicant before the Section 6409 FCC shot clock expires. In the event that the director denies the application, the written notice to the applicant must contain: (a) the reasons for the decision; and (b) a statement identifying the applicable FCC shot clock.

3. Required Findings for Approval. The director may approve or conditionally approve any application for approval of an eligible facilities request when the director finds that the proposed project:
a. Involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station;
b. Does not substantially change the physical dimensions of the existing wireless tower or base station; and
c. Remains in compliance with all applicable FCC RF standards.

4. Criteria for Denial. Notwithstanding any other provision in this chapter, and consistent with all applicable federal laws and regulations, the director may deny any application for approval of an eligible facilities request when the director finds that the proposed project:
a. Does not meet the findings required in subsection (D)(3); b. Involves the replacement of the entire support structure; or c. Violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety.

5. Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the director’s authority to conditionally approve an eligible facilities request to protect and promote the public health and safety. (Ord. 1873 § 2, 2019)
Chapter 8.40 PARKLETS IN THE PUBLIC RIGHTS-OF-WAY

8.40.010 Purpose and intent.

The purpose and intent of this chapter is to reasonably regulate and provide a uniform and comprehensive set of standards and requirements for the orderly development, siting, installation, construction, operation, maintenance, and removal of parklets in the public rights-of- way. This chapter seeks to protect public health, safety, and general welfare, and preserve the city’s character and aesthetic quality. (Ord. 1936 § 4, 2023)

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

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

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

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

D. “Parklet” means a temporary sidewalk extension installed on public parking space(s) within the public right-of-way, that provides more space and amenities for outdoor dining operated and maintained by the business establishment conducting the outdoor dining.

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

E. “Parklet program” means the uniform and comprehensive set of standards and requirements for the orderly development, siting, installation, construction, operation, maintenance, relocation, and removal of parklets, as adopted by resolution of the city council. (Ord. 1936 § 4, 2023)

8.40.030 Administration.

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

A. Interpret the provisions of this chapter;
B. Establish reasonable rules and regulations, which may include, without limitation, regular hours for appointments with applicants, as the director of public works deems necessary or appropriate to organize, document and manage the application intake process; C. Develop and implement standards and procedures governing the placement and modification of parklets consistent with the requirements of this chapter; D. Develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the director of public works finds necessary, appropriate or useful for processing any application governed under this chapter;
E. Determine the amount of and collect, as a condition of the completeness of any application, any fee established for permits governed under this chapter established in the master fee schedule;
F. Establish deadlines for submission of information related to an application; G. Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued; H. Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and
I. Take such other steps as may be required to timely act upon applications for placement of parklets, including issuing written decisions and entering into agreements to mutually extend the time for action on an application. (Ord. 1936 § 4, 2023)

8.40.040 Applicability.

This chapter applies to all applications to construct, install, operate, modify, reconstruct, remove, or otherwise provide for parklets within the public right-of-way on San Mateo Avenue between El Camino Real and Huntington Avenue, except as provided otherwise in this chapter below. (Ord. 1936 § 4, 2023)
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9 8.40.050 Parklet permit requirements.

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

B. Permit Application Form. The applicant shall submit a complete, duly executed parklet permit application in a form approved by the director of public works, which may be updated from time to time. The application will not be considered duly filed or complete unless submitted in accordance with the requirements of this chapter and the parklet program.

Applicant must pay a permit application processing fee, as set by the master fee schedule, at the time the application is submitted.

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

D. Property Owner Authorization. If the property owner(s) is not the permit applicant, the explicit written consent of the property owner(s) is also required in the permit application. (Ord. 1936 § 4, 2023)

8.40.060 Minimum approval requirements.

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

A. Comply with all applicable state and federal laws including the Federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and all applicable health and safety requirements, and as these rules may be amended or superseded; B. Be designed, modified, or maintained to minimize impacts on the surrounding community, including, but not limited to, visual and noise impacts, impediments to access, and other impacts that would create a public nuisance or safety hazard; C. Be planned, designed, located, and erected in accordance with the parklet standards and any applicable administrative design and engineering standards adopted by the director of public works; and
D. Comply with all applicable local and state building codes, including building code structural requirements and all applicable rules and laws, including the parklet program. (Ord. 1936 § 4, 2023)

8.40.070 Parklet permit review process and applicable standards.

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

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

C. Administrative Design and Engineering Standards and Application Requirements. The director of public works may develop, and from time to time amend, administrative design and engineering standards and application requirements consistent with the generally applicable design regulations to clarify the aesthetic and public safety goals and 218 of 231
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9 standards in this chapter for city staff, applicants and the public. In the event that a conflict arises between the parklet standards adopted by city council by resolution and the administrative design and engineering standards adopted by the director of public works, the parklet standards adopted by city council by resolution shall control. (Ord. 1936 § 4, 2023)

8.40.080 Parklet permit approvals and denials—Notices.

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

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

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

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

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

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

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

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

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

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

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

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

E. No Possessory Interest. No possessory interest in the city’s right-of-way is created by a parklet permit. (Ord. 1936 § 4, 2023)

8.40.090 Standard conditions of approval.

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

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

B. Parklet Permit Annual Use of Space Fee. The parklet permit permittee shall be subject to the parklet permit annual use of space fee established in the master fee schedule.

This is an annual fee charged for the temporary private use of the city public parking space, as well as to cover the cost of annual city inspections for condition and safety. Prior to any permits being issued, this fee must be paid in full for the first year, along with the prorated amount for the remainder of the fiscal year ending on June 30, consistent with the business licensing 219 of 231
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9 schedule. The annual fees due for the subsequent years shall be paid on the same term as the business license and in advance for the upcoming fiscal year. Failure to pay the parklet permit annual use of space fee will result in a revocation of the parklet permit.

C. Maintenance. Parklet permittees are required to maintain, at their sole expense, parklets in clean, safe, and accessible manner. Permittee shall also be responsible for paying all costs associated with the parklet installation, maintenance, repairs if damaged, and operation.

The permittee must correct or repair the parklet within ten days after the city’s notice for corrective action; after which the city reserves the right to take any action it deems necessary, which may include revocation of any applicable permit(s). Parklet permittees who fail to properly and sufficiently maintain the cleanliness, safety, and accessibility of their parklet. If maintenance issues are not resolved, parklet permittees may be required by the city to remove the parklet at their own expense. Violation of permit terms or parklet requirements shall constitute a violation of the city’s municipal code.

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

The permittee has the burden to demonstrate compliance with this chapter.

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

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

G. Insurance. The permittee and operator shall obtain and maintain insurance in compliance with the city of San Bruno encroachment permit general conditions.

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

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

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

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

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

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

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

O. City Maintenance Activities and Access. The city may need to access the space under, above or adjacent to the parklet that necessitates the temporary or permanent removal of the permitted parklet. Upon written notification, the permittee is responsible for removing the 220 of 231
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9 parklet at the permittee’s sole expense. The permittee will be required to obtain an encroachment permit for the removal and, if the removal requirements are temporary, reinstallation work. Under the master fee schedule, the director of public works may waive the encroachment permit fee because the removal is for the benefit of public work and access. If reinstallation does not commence within six months after the permittee is authorized to reinstall the parklet, the permit is considered expired. Should the permittee fail to remove the parklet within the timeframe in the written notification, the city may perform the work. The permittee or owner will forfeit any security deposit and be required to compensate the city for any balance not covered by the security deposit for the removal expenses.

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

Q. Parklet Discontinuance and Removal. If the permittee decides they no longer want to continue to maintain and operate a permitted parklet, the permittee is responsible for notifying the department. The permittee is responsible for removing the parklet at the permittee’s sole expense. Immediately upon removal, the parklet area shall be cleaned and restored to its previous condition to the satisfaction of the director of public works. (Ord. 1936 § 4, 2023)

8.40.100 Permits.

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

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

C. Building Permit May Be Required. A building permit may be required to construct a parklet. (Ord. 1936 § 4, 2023)

8.40.110 Revocation of permit.

Any permit or other authorized use of the public right-of-way granted under this chapter may be revoked or modified for cause in accordance with the provisions of this section.

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

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

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

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

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

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

5. Failure to comply with this chapter;

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

7. A parklet’s interference with a city project or activity which seeks to protect public health, safety, and general welfare;
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9 8. A parklet’s interference with vehicular or pedestrian use of the public right-of- way; or

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

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

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

E. A permittee whose parklet permit or right has been revoked may have the revocation reviewed, upon written appeal as set forth in Section 8.40.130. (Ord. 1936 § 4, 2023)

8.40.120 Violations.

Any violation of this chapter will be subject to the same penalties as a violation of the San Bruno Municipal Code Chapter 5.08, Enforcement, Nuisance Abatement and Cost Recovery. (Ord. 1936 § 4, 2023)

8.40.130 Appeals.

A. Appeals. Any person adversely affected by the decision of the director of public works pursuant to this chapter may appeal the decision to the city manager, who may decide de novo, and whose written decision will be the final decision of the city. The decision on appeal shall be made using the same criteria as set forth in subsection A of Section 8.40.080.

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

Appeals shall be filed with the city clerk and accompanied by a filing fee in compliance with the master fee schedule. (Ord. 1936 § 4, 2023)

8.40.140 Attorneys’ fees.

In the event the city determines that it is necessary to take legal action to enforce any of the requirements under this chapter or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorneys’ fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree in writing with permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding. (Ord. 1936 § 4, 2023)
SECTION 4. Title 10, Municipal Services, Chapter 13, Inspection, repair and Replacement of Private Sewer Laterals, is amended by adding a new Section 10.13.080 to read as follows:
“10.13.080 Responsibility for Private Sewer laterals.

It is the exclusive responsibility of the property owner to maintain, repair, and/or replace the property sewer laterals from the building to the sewer collector mains up to and including the Y-connection. In circumstances where the private lateral is damaged, staff will direct homeowners to repair or replace the lateral at their expense. Sewer collector mains shall be maintained by the city.”
SECTION 5. California Environmental Quality Act (CEQA). The adoption of this ordinance is categorically exempt from environmental review under the California Environmental 222 of 231
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9 Quality Act under Sections 15301, 15304, 15307, and 15308 of Title 14 of the California Code of Regulations, in accordance with the following:
• Section 15301, as an action consisting of the operation, repair, maintenance, permitting, or minor alteration to existing public and private structures, facilities, and topological features, involving negligible or no expansion of existing or former use. The ordinance modifies tree replacement requirements to allow for replanting smaller trees when conditions warrant, which encourages reforestation through the growth of healthy trees. • Section 15304, as an action consisting of minor public or private alteration in the condition of land and vegetation, which does not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. The ordinance allows the director of community services to waive conditions when issuing a tree removal permit for eucalyptus trees to encourage fuel management activities and reduce the volume of flammable vegetation.
• Section 15307 and 15308, as an action taken by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of natural resources and the environment. By encouraging fuel management activities, the ordinance lowers the risk of a catastrophic wildland fire occurring within the City, thereby protecting natural resources and the environment. Further, tree replacement requirements and other conditions of approval imposed through the tree removal permit process serve to mitigate potential adverse impacts from the removal of trees.

SECTION 6. Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

SECTION 7. Effective Date. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published in a newspaper of general circulation at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933.
_______________________________
ATTEST: Rico E. Medina, Mayor
______________________________
Lupita Huerta, City Clerk
APPROVED AS TO FORM:
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9 _______________________________
Trisha Ortiz, City Attorney
---oOo---
I, hereby certify that the foregoing Ordinance No. ____ was introduced at a regular meeting of the San Bruno City Council on _________, 2023, 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
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 12, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Jennifer Dianos, Assistant to the City Manager SUBJECT: Confirm Appointment of Two City Councilmembers to Serve as a Committee to Further Explore the Results of the 2023 Community Priorities Survey and Potential Future Revenue Ballot Measures
BACKGROUND:

During the City Council’s strategic planning session held in March 2023, the City Council discussed the Fiscal Year 2023-24 (FY2023-24) Priority Focus Areas and Strategic Initiatives. The City Council’s strategic initiatives included a community priorities survey as well as review of potential revenue ballot measures for the November 2024 election.

The City of San Bruno partnered with TeamCivX (ballot consultant) and Godbe Research (surveying consultant) to prepare and conduct an independent community priorities survey in September 2023. On November 14, 2023, Godbe Research and TeamCivX presented the survey results to the City Council.

DISCUSSION:

The City worked with Godbe Research and TeamCivX to conduct the 2023 Community Priorities Survey. The results were presented to the City Council in November 2023. Staff recommends that the City Council consider appointing two City Councilmembers to serve as a Committee to further review the results of the survey and to explore potential ballot measure(s) for the November 2024 election.

San Bruno Municipal Code section 2.04.120(A) calls for the Mayor to make all appointments to and removals from Commissions, Boards and Committees, subject to the approval of the City Council.

There are time sensitive considerations that will need to be reviewed when planning and discussing potential ballot measures. The deadline for the San Mateo County Elections Office to receive the City’s resolution calling measures to the ballot (with full language) is 88 days prior to the election. This is estimated to be August 9, 2024. It is important to allow time for staff to conduct the necessary research and analytical work in order to comply with the County deadlines.

The Committee will report back to the City Council any findings and recommendations.

Item 8b
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Honorable Mayor and Members of the City Council
December 12, 2023

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San Bruno City CouncilDecember 12, 2023

San Bruno City Council
December 12, 2023