more attached units annually. In 2023 the San Bruno Fire Department inspected 100% of the 371 hotels, motels, lodging houses, and apartments consisting of three or more attached units identified in our records management system.
Section 13146.3 of the California Health and Safety Code (HSC) also mandates that the local fire department inspect all public and private schools once annually. In 2023 the San Bruno Fire Department inspected 100% of the 20 public and private school locations identified in our records management system.
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL IMPACT:
The action is not a project subject to CEQA. The City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.
RECOMMENDATION:
Staff recommends that the City Council adopt the attached resolution and accept this report on the status of all 2023 state-mandated annual fire inspections in the City of San Bruno as required by California Health and Safety Code Section 13146.4.
ALTERNATIVES:
There are no alternatives considered for this item.
ATTACHMENTS:
1. Resolution
2. Senate Bill 1205
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7 RESOLUTION NO. 2024 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO
ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF REGARDING THE
INSPECTION OF CERTAIN OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3
OF THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the San Bruno Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and
WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the San Bruno Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and WHEREAS, the City Council intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the San Bruno Fire Department’s compliance with California Health and Sections 13146.2 and 13146.3.
NOW, THEREFORE, BE IT RESOLVED by the San Bruno City Council acknowledges the measure of compliance of the San Bruno Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City of San Bruno, as follows:
A. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of San Bruno, there lie 20 Group E occupancies, buildings, structures and/or facilities.
During calendar year 2023, the San Bruno Fire Department completed the annual inspection of 20 Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100 % for this reporting period.
Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution.
B. RESIDENTIAL GROUP R OCCUPANCIES:
Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including residential care facilities). These residential care facilities have several different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. Within the City of San Bruno, there lie 371 Group R (and their associated sub- categories) occupancies of this nature.
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ATTACHMENT 1
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7 During calendar year 2023, the San Bruno Fire Department completed the annual inspection of 371 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 100 % for this reporting period.
Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution.
---oOo---
I hereby certify that foregoing Resolution No. 2024 - ___ was adopted by the San Bruno City Council at a regular meeting on January 9, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
_________________________________
Lupita Huerta
City Clerk
100 of 139
SHARE THIS:
Date Published: 09/27/2018 09:00 PM
SB-1205 Fire protection services: inspections: compliance reporting. (2017-2018) Senate Bill No. 1205
CHAPTER 854
An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection. [ Approved by Governor September 27, 2018. Filed with Secretary of State September 27, 2018. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1205, Hill. Fire protection services: inspections: compliance reporting.
Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.
This bill would require every city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department’s or district’s compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state- mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 101 of 139
ATTACHMENT 2
authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority. (c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document.
(d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: January 9, 2024
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 a Resolution Allowing One Parking Space within the Intersection of Crestmoor Drive and Darby Place, and Determining that Such Action is Exempt from CEQA
BACKGROUND:
The on-street parking on Crestmoor Drive from the overpass of I-280 to Oxford Lane is heavily occupied. Residents have inquired to the City if the City could modify existing parking prohibitions (i.e. red curb striping) along this portion of Crestmoor Drive to create more on-street parking spaces available.
For the “T” intersection of Darby Place and Crestmoor Drive, the eastern curb of the intersection is currently painted red as shown in Figure 1. The length of the red curb is approximately 35 feet. Staff was unable to find any records of the reasons for painting it red.
However, the California Vehicle Code (CVC) Section 22500 prohibits parking within intersections unless permitted by local ordinance and is adjacent to a curb.
Figure 1: Parking Prohibition on Crestmoor Drive
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Item 6h
Honorable Mayor and Members of the City Council
January 9, 2024
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0 On the December 12, 2023 City Council Meeting, the City Council approved an ordinance (Title 7, Chapter 16, Section 045) to allow parking on a case-by-case basis, within an intersection. The City is now able to allow parking in intersections if 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.
DISCUSSION:
Staff researched but have not found the original reasoning for the existing red curb within the intersection of Crestmoor Drive and Darby Place. Staff believes this was done to emphasize no parking as there is a crosswalk across the south leg of Crestmoor Drive. The crosswalk may have been placed because the residents of Darby Place and Oxford Lane share a swimming pool and clubhouse and the residents of Darby Place would need to cross the street to access those amenities.
To allow one parking space, which is approximately 20 feet, 20 of the 35 feet of the existing red curb markings would be painted grey to allow parking. 15 feet of red curb would remain to provide visibility of pedestrians for southbound traffic. There is no industry recommended distance for prohibiting parking on the far side of a crosswalk, but 15 feet would maximize visibility while still allowing for a parking space. Additional yield lines and pedestrian warning signs would be installed to increase awareness of the presence of pedestrians.
A review of vehicles speeds on Crestmoor Drive show the 85th percentile speed to be between 28-30 miles per hour. Crestmoor Drive is a residential street with a prima facie speed of 25 miles per hour. Therefore, speeding is not a significant issue on this street. The average volume of the roadway is relatively low as the average peak volume is 162 vehicles per hour in the SB direction and 276 vehicles per hour in the NB direction. Therefore, there would be sufficient gaps in traffic in vehicle traffic for pedestrians to cross.
A review of collision history in the past 5 years showed no collisions at this location.
In consideration of the aforementioned factors and using engineering judgement, staff would recommend allowing one parking space as described in the attached resolution as the width of the highway and traffic conditions are such that parking do not constitute a traffic hazard or impede the free flow of traffic.
FISCAL IMPACT:
There is no fiscal impact from the proposed resolution. The implementation of curb painting is approximately $500. These actions would be funded with the existing budget within FY 2023-24 in the Capital Improvements Program Project 60020 – Traffic Safety and Parking Committee Studies.
ENVIRONMENTAL IMPACT:
The proposed resolution and ordinance are exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that modifications
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Honorable Mayor and Members of the City Council
January 9, 2024
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0 of parking prohibitions would have a significant effect on the environment. (Public Resources Code Section 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 a Resolution Allowing One Parking Space within the Intersection of Crestmoor Drive and Darby Place, and Determining that Such Action is Exempt from CEQA ALTERNATIVES:
1. Do not approve the resolution to allow one parking space within the intersection of Crestmoor Drive and Darby Place
2. Modify the resolution.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A: Map of Parking Space Allowed within the Intersection of Crestmoor Drive and Darby Place
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RESOLUTION NO. 2024 - ___
RESOLUTION APPROVING ONE PARKING SPACE WITHIN THE INTERSECTION OF
CRESTMOOR DRIVE AND DARBY PLACE AND DETERMINING THE ACTION IS EXEMPT UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, pursuant to Title VII, Section 7.12.030 of the San Bruno Municipal Code grants the City Traffic Engineer the duty and responsibility for placing and maintaining traffic control devices he or she deems necessary to guide or warn traffic based on engineering principles and investigations; WHEREAS, Crestmoor Drive between I-280 and Oxford Lane is heavily parked in the evening; WHEREAS, California Vehicle Code 22500 allows parking within an intersection if adjacent to curbs and permitted by local ordinance;
WHEREAS, City of San Bruno Municipal Code 7.16.045 allows parking within a intersection where City Council finds that the width of the highway and traffic conditions are such that such parking will not constitute a traffic hazard or impede the free flow of traffic; WHEREAS, Exhibit A illustrates the proposed modifications to the parking prohibitions on Crestmoor Drive; and
WHEREAS, this action is exempt from the California Environmental Quality Act, pursuant to CEQA Guidelines Section 15301(c), existing facilities which exempts minor alterations of existing streets, sidewalks, gutters, bicycle and pedestrian trials, and similar facilities. This project will not cause an expansion of an existing use of the streets.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds that the width of the highway and traffic conditions are such that allowing one parking space within the intersection of Crestmoor Drive and Darby Place, as shown in Exhibit A, will not constitute a traffic hazard or impede the free flow of traffic, and such parking space is hereby authorized.
AND, BE IT FURTHER RESOLVED that the City Council hereby determines this action is exempt from the California Environmental Quality Act, pursuant to CEQA Guidelines Section 15301(c).
---oOo---
I hereby certify that foregoing Resolution No. 2024 - ______ was introduced and adopted by the San Bruno City Council at a regular meeting on January 9, 2024, by the following vote:
AYES:
NOES:
ABSENT:
Lupita Huerta, City Clerk
Exhibit A: Map of Proposed Parking Prohibition Changes for Crestmoor Drive near Darby Place 106 of 139
ATTACHMENT 1
© Latitude Geographics Group Ltd.
0.01 THIS MAP IS NOT TO BE USED FOR NAVIGATION
WGS_1984_Web_Mercator_Auxiliary_Sphere
Miles0.01 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
0.010
336
Crestmoor Drive and Darby Place Intersection Modifications 1:
San Mateo County
107 of 139
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: January 9, 2024
TO: Members of the City Council
FROM: Rico E. Medina, Mayor
PREPARED BY: Cora Dino, Chief People Officer
SUBJECT: Consider Adoption of a Resolution Approving the First Amendment to the Employment Agreement between the City of San Bruno and Alex D.
McIntyre
BACKGROUND:
The City of San Bruno and Alex D. McIntyre entered into an employment agreement for city manager services on July 1, 2023. This employment agreement contained the salary, benefits, and terms and conditions of Mr. McIntyre’s employment with the City.
DISCUSSION:
At the December 12, 2023 closed session, the City Council authorized an amendment to the current employment agreement between Mr. McIntyre and the City of San Bruno to include a vacation accrual of 7.08 hours per pay period in recognition of prior years of service. Mr.
McIntyre will accrue 7.08 hours effective July 1, 2023.
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL IMPACT:
There is no environmental impact.
RECOMMENDATION:
Adopt a Resolution Amending the First Amendment to the Employment Agreement between the City of San Bruno and Alex D. McIntyre
ALTERNATIVES:
Do not adopt a Resolution Amending the First Amendment to the Employment Agreement between the City of San Bruno and Alex D. McIntyre
ATTACHMENTS:
1. Resolution
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Item 6i
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RESOLUTION NO. 2024 - __
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO APPROVING THE
FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN BRUNO AND ALEX D. MCINTYRE
WHEREAS, the City of San Bruno and Alex D. McIntyre (“Manager”) entered into an Employment Agreement for City Manager services on July 1, 2023; and WHEREAS, the City Council desires to increase vacation benefits to reflect the Manager’s years of service.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Bruno that it hereby approves the First Amendment (attached hereto as Exhibit A and incorporated herein by reference) to the Employment Agreement between the City of San Bruno and Alex D.
McIntyre.
---oOo---
I hereby certify that foregoing Resolution No. 2024 - __ was adopted by the San Bruno City Council at a regular meeting on January 9, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
109 of 139
ATTACHMENT 1
2 1
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EXHIBIT A
FIRST AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF SAN BRUNO AND ALEX D. MCINTYRE
This First Amendment (“Amendment”) to Employment Agreement by and between the City of San Bruno, a California municipal corporation, and Alex D. McIntyre, an individual, is made as of and entered into as of January 9, 2024 (the “Effective Date”).
RECITALS
A. Pursuant to that certain Employment Agreement (“Agreement”), dated as of July 1, 2023, by and between the City of San Bruno, a California municipal corporation (“City”), and Alex D. McIntyre, an individual (“Manager”), the City employs Manager as City Manager and Manager.
B. The Agreement provides that Manager shall accrue 120 hours of vacation annually, which is 4.615 hours per pay period, but the City Council is recognizing prior years of service which results in Manager accruing 7.080 hours per pay period.
C. The parties desire an increase in vacation benefits to reflect years of service.
NOW, THEREFORE, in consideration of these recitals and the performance by the parties of the promises, covenants, and conditions herein contained, the City and Manager agree as provided in this Amendment.
Amendment. Section 1.B.(5) of the Agreement is amended in its entirety to read as follows:
“(5) Vacation. Commencing on July 1, 2023, Manager shall accrue 7.080 hours of vacation per biweekly pay period.”
Other Terms and Conditions Unchanged. Except as expressly amended by the Amendment, all other terms and conditions of the Agreement shall remain unchanged.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed personally as the date and year first written above.
ALEX D. MCINTYRE, an individual:
Alex D. McIntyre
CITY OF SAN BRUNO:
_____________________________
Rico E. Medina, Mayor
ATTEST:
_____________________________
Lupita Huerta, City Clerk
APPROVED AS TO FORM:
______________________________
Trisha Ortiz, City Attorney
111 of 139
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: January 9, 2024
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 Benefits for the Unrepresented Assistant City Manager Position
BACKGROUND:
The assistant city manager job classification is an unrepresented job classification within the city manager‘s office. When the assistant city manager position was offered to the current incumbent in 2022, the offer letter indicated that her benefits in this position would be consistent with the San Bruno Management Employees Association (SBMEA) Memorandum of Understanding benefits. Unfortunately, the current SBMEA is silent on this issue.
DISCUSSION:
At the December 12, 2023 closed session, City Council authorized benefits for the unrepresented assistant city manager position commensurate with the benefits provided to San Bruno Management Employees Association (SBMEA) pursuant to the Memorandum of Understanding for the SBMEA (MOU).
If the resolution is approved, the unrepresented assistant city manager position will be provided the following benefits, which are provided to management employers under the MOU:
1) Annual salary adjustments for non-safety management employees; and 2) Of the compensation-related benefits, including but not limited to medical, dental and vision plans, long term disability and life insurance plans, retirement plans holidays, vacation time, management leave, sick leave, and excluding benefits related to collective bargaining rights.
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL IMPACT:
There is no environmental impact.
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Item 6j
Honorable Mayor and Members of the City Council
January 9, 2024
RECOMMENDATION:
Adopt a Resolution Approving Benefits for the Unrepresented Assistant City Manager position as found in the SBMEA agreement.
ALTERNATIVES:
Do not Adopt a Resolution Approving Benefits for the Unrepresented Assistant City Manager position.
ATTACHMENTS:
1. Resolution
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2 1
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RESOLUTION NO. 2024 - __
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO APPROVING
BENEFITS FOR THE UNREPRESENTED ASSISTANT CITY MANAGER POSITION WHEREAS, the Assistant City Manager position is an unrepresented classification within the City Manager’s office; and
WHEREAS, the City Council desires to approve benefits for the unrepresented Assistant City Manager position commensurate with the benefits provided to San Bruno Management Employees Association (SBMEA) pursuant to the Memorandum of Understanding for the SBMEA (MOU).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Bruno hereby approves for the unrepresented position of Assistant City Manager the following benefits, which are provided to management employees under the MOU: (1) annual salary adjustments for management employees, excluding the Fire Chief and Police Chief, and (2) other compensation-related benefits, including but not limited to medical, dental and vision plans, long term disability and life insurance plans, retirement plans, holidays, vacation time, management leave, sick leave, and excluding benefits related to collective bargaining rights.
---oOo---
I hereby certify that foregoing Resolution No. 2024 - __ was adopted by the San Bruno City Council at a regular meeting on January 9, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
114 of 139
ATTACHMENT 1
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: January 9, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Travis Karlen, Community Services Director SUBJECT: Receive Presentation Regarding Age-Friendly City Ad-Hoc Recommendations and Consider Adoption of a Resolution to Apply for the AARP Age-Friendly Cities and Communities Designation BACKGROUND:
On March 14, 2023, the City Council received a presentation introducing the AARP Age- Friendly Cities and Communities Designation Program and supported the formation of a task force to generate initiatives. Furthermore, the Council requested that staff return to the Council to review the list of initiatives developed prior to moving forward with the application. On March 25, 2023, the City Council identified this as a strategic initiative at their annual retreat.
The concept of Global Age Friendly Cities was developed in 2005 by the World Health Organization (WHO) to help cities consider and implement policies and services to support older adults as they grow older to live healthy and vibrant lives. The AARP Network of Age-Friendly Communities is the United States affiliate of the WHO Global Network for Age-Friendly Cities and Communities. San Mateo County has partnered with the Center for Age-Friendly Excellence (CAFE) to help local communities achieve this designation.
The WHO recognizes that older people often require supportive and enabling living environments to compensate for physical and social changes associated with aging. The Global Age Friendly Cities effort began to encourage cities to provide the structures and services to support well-being and productivity of older people. The WHO has identified the following eight (8) key domains requiring a conscious effort to create an age friendly community:
1. Housing
2. Transportation
3. Social Participation
4. Respect and Social Inclusion
5. Civic Participation and Employment
6. Communication and Information
7. Community Support and Health Services
8. Outdoor Spaces and Buildings
San Mateo County arranged for the CAFE to work with local agencies to provide technical assistance with their Age-Friendly Communities certification under the AARP/WHO Network of Age-Friendly Communities.
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Item 7a
Honorable Mayor and Members of the City Council
January 9, 2024
7 3
3 The process began with establishing an age-friendly task force with various stakeholders to oversee the process. The task force and CAFE conducted a series of focus groups to assess the baseline “age-friendliness” of the City of San Bruno in the key domains listed above. The task force has recommended potential projects and services to be implemented over the next one to two years. Some projects require additional Staff resources, and some are already in progress.
DISCUSSION:
If the City of San Bruno chooses to apply to AARP for participation in the WHO Global Network of Age-Friendly Cities and Communities, and its application is approved, the City will be making a five-year commitment to assess the age friendliness of San Bruno and to develop an action plan to make the City more livable for people of all ages. Agencies contacted who have engaged in this process reported various levels of impact, including the need for consultant services to develop the action plan.
The inaugural projects identified by the task force include:
1. Encourage the use of an "Age Friendly Lens" on all community projects/events/ services by every City Department and by all community stakeholder organizations.
2. Perform a Pedestrian Safety Walk Audit – The Public Works and Community Services departments, with the support of trained volunteers, consider conducting a walk audit of San Bruno to identify pedestrian hazards and ways to enhance pedestrian safety such as, but not limited to, dangerous pedestrian crosswalks, cracked sidewalks, installation of speed bumps to slow traffic and identification of places to install benches where people of all ages could rest.
3. The San Bruno Centenarian Celebration Project – A program that celebrates those in the community that have lived for 100 years. A variety of strategies can be used including letter/recognition from the mayor, proclamation, small celebration, business participation and other recognitions.
4. Offer a Free Workshop Series that provides information about a variety of aging related issues and opportunities. A formalized vetting and procurement of facilitators would be required to deliver this service effectively and safely.
5. Update Information About Older Adult Support Services and Opportunities that are available by the City of San Bruno on their website, in person and in print.
6. Establish a Discount Taxi Voucher Program for San Bruno’s Older Adult Residents 65 years of age plus.
7. Establish Temporary Rest and Relaxation Areas for all ages at big community events.
8. Establish New Programs that Focus on Older Adults at the new San Bruno Recreation and Aquatic Center.
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Honorable Mayor and Members of the City Council
January 9, 2024
7 3
3 The time and resources needed for items 1-5 and 7-8 of the inaugural project lists are achievable. Some of the work is already being performed and will be continued. Item 6 will require further analysis and meetings with surrounding communities that have implemented this program.
Additional Age-Friendly project ideas that came from the task force but require an analysis of staff resources, development, community outreach, and organization to determine future feasibility include:
1. Explore collaborations with local businesses that could host gatherings for older adults or a multi-generational group as part of a “San Bruno Livable Community Event Series”.
2. Explore Intergenerational Volunteer Opportunities with the school district and Skyline College.
3. Consider a Re-Design of Portions of Local Parks to enhance their usefulness for older adult residents.
4. Explore establishing a FREE Shuttle Program for San Bruno residents of all ages.
FISCAL IMPACT:
The fiscal impact associated with the initial phase of this item includes staff time, and materials equivalent to approximately $10,000 that can be absorbed with the current budget. Program support and projects identified through this process do not have guaranteed funding in future years. Appropriations for program support or projects is evaluated along with other requests as part of the City’s comprehensive budget process.
ENVIRONMENTAL IMPACT:
The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.
RECOMMENDATION:
Receive report from the CAFE and adopt a resolution to apply for the AARP Age-Friendly Cities and Communities designation
ALTERNATIVES:
Do not apply for the AARP Age-Friendly Cities and Communities designation and continue work as a community to deliver services for older adults.
ATTACHMENTS:
1. Resolution to Apply for the AARP Age-Friendly Cities and Communities Designation
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RESOLUTION NO. 2024 - ___
RESOLUTION AUTHORIZING STAFF TO SUBMIT THE OFFICIAL APPLICATION FOR SAN BRUNO TO RECEIVE THE AGE FRIENDLY CITIES AND COMMUNITIES’ DESIGNATION WHEREAS, the City council received a presentation on March 14, 2023 introducing the AARP Age-Friendly Cities and Communities program; and
WHEREAS, the City council directed Staff in the City Council Strategic Initiatives for FY 2023/2024 to work closely with the Center for Age Friendly Excellence, CAFE, on the Age Friendly Cities and Communities Designation; and
WHEREAS, Staff supported CAFE to work with Focus Groups to receive input on experiences regarding the livability strengths and challenges for San Bruno residents aged 55 and older in the San Bruno community; and
WHEREAS, an Age Friendly Task Force was created to review the input from the Focus Groups and provide Staff with a list of recommendations for inaugural projects to be included in the official application to be submitted to World Health Organization (WHO) for San Bruno to receive the Age Friendly Cities and Communities Designation; and WHEREAS, the City council has received the recommendation for inaugural projects and selected the projects to be included in the official application to be submitted to the World Health Organization.
NOW, THEREFORE, BE IT RESOLVED that the City Council recommends the identified projects and authorizes Staff to submit the official application for San Bruno to receive the Global Age Friendly Cities Designation.
-o0o-
I, hereby certify that the foregoing Resolution No. 2024 - ___ was introduced and adopted by the San Bruno City Council at a regular meeting on January 9, 2024, by the following vote:
AYES:
NOES:
ABSENT:
Lupita Huerta, City Clerk
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ATTACHMENT 1
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: January 9, 2024
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 San Bruno Municipal Code Title 9 (Parks and Recreation) as Part of a Comprehensive Municipal Code Update and Finding Such Action 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 Municipal Code and recommend amendatory actions. It is intended that this comprehensive Municipal Code update occur on an iterative basis. The City Council has already adopted amendments to Titles 1 through 8, and 10. This report addresses recommended amendments to Title 9, Parks and Recreation.
DISCUSSION:
The proposed amendments to Title 9, Parks and Recreation, are as follows:
Chapter 9.04, Definitions
9.04.010, Generally.
This section says that these terms will apply to this chapter but the chapter is made up only of definitions. The amendment corrects the error so the terms apply to Title 9.
9.04.030, Department.
This section defines department as the parks and recreation department. The amendment updates the definition to community services department. the use of the term “department” is revised throughout the Chapter to reflect the definition.
9.04.050, Person.
Deleted in favor of the global definition in Title 1.
9.04.070, Sound amplifying equipment.
Deleted because this phrase is not used in Title 9.
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Item 7b
Honorable Mayor and Members of the City Council
January 9, 2024
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1 9.04.080, Vehicle.
The definition mirrors the Vehicle Code definition and a reference to the Vehicle Code is added.
New definitions.
Section 9.16.010 (located in a subsequent chapter) pertaining to animal regulations generally prohibits domestic animals from entering certain parks, schools or recreational areas. It also provides an exception for “seeing-eye dogs”, a term that is not defined. Now, state law requires that individuals with disabilities are entitled to full and equal access to places of public accommodation and other places to which the public is generally invited. Further, every individual with a disability has the right to be accompanied by a guide dog, a signal dog or service dog in parks and other such places. The individuals who train such dogs must also be permitted. (CA Civil Code section 54.2) Accordingly, the exception is expanded in 9.16.010 to include these dogs. These new definitions, taken directly from state law, explain what type of dog qualifies as a guide, signal or service dog. (CA Civil Code section 54.1).
Chapter 9.08, Parks and Recreation Commission
Section 9.08.039, Appointment – Removal – Vacancy.
This section is an exact duplicate of Section 9.08.030 and is eliminated as redundant.
9.08.070, Laws – Rules of procedure – Quorum.
State law does not prescribe city meeting procedures except for the Brown Act. (Gov’t Code 54950, et seq.) A council may establish rules for how its proceedings are conducted. (Gov’t Code 36813) These may be enacted by ordinance or by resolution. Rather than provide that Robert’s Rules of Order govern procedure for this commission, the commission is directed to follow the same rule book as that established by the city council.
Chapter 9.10, Senior Citizens Advisory Board
This Chapter is revised throughout to eliminate the term “Citizens” in the Senior Advisory Board’s name.
Section 9.10.090, Ex officio members.
This section is revised to delete the obsolete phrase that the secretary is an ex officio, non- voting member of the commission. An employee from the community services department is appointed by the city manager to serve as secretary to the board.
Section 9.10.110, Treasurer.
This section is deleted because the Senior Advisory Board does not have a treasurer.
Section 9.10.130, Special meetings.
This section is revised to mirror Section 9.08.060 relating to the Parks and Recreation Commission and requires the Senior Advisory Board to follow the same procedural rules as the City Council.
Chapter 9.12.010, Vehicle Regulations
Section 9.12.010, Vehicle operation.
The amendment updates the terminology for persons with a disability.
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1 Chapter 9.16, Animal Regulation
Section 9.16.010, Domestic animals.
The amendment is intended to comply with state law. In designated parks and other areas where dogs are otherwise not allowed, individuals with disabilities or individuals who train such dogs are allowed to enter with guide, signal and/or service dogs. They may not be charged extra for entry, but they are liable for any damage caused by their dogs. They must also have an identification tag issued by an authorized agency.
Chapter 9.20, Use Regulations
Section 9.20.030, Fires and barbecues.
The amendment updates the name of the department from parks and recreation to community services.
Section 9.20.045, General noise regulations.
The proposed change amends the spelling of a word.
Section 9.20.045, Concessions.
The amendment updates the prohibition on concessions to conform with Title 4, which was amended in 2020 to comply with state regulations regarding food and other vendors.
Section 9.20.060, Cameras.
This section requires a permit to film shows requiring the use of artificial or special settings or special equipment, or involving the performance of a professional cast in a City park. The amendment provides that any such permit would come from the community services department, and not the commission.
Section 9.20.080, No drinking alcoholic beverages in designated locations.
The amendment uses the term “department,” to reflect the new definition that specifies the term refers to the community services department.
Section 9.20.100, Remaining in parking areas after police direction to leave.
This section prohibits congregating in parking lots and roadways in the City’s parks. The amendment deletes this section because it could infringe on constitutionally protected speech and assembly rights. State law can be used in the event of any criminal conduct.
Chapter 9.24, Fees
Section 9.24.010, Collection.
This section authorizes fees for services provided by the community services department, and states that the fees are establishes by the commission. The amendment provides that the City Council sets fees.
Section 9.24.020, Special use fees.
This section authorizes fees as a condition for the exercise or use of any special service relative to the City’s recreation areas, and provides that the commission adopts the fees, subject to City Council approval. The amendment provides that the City Council sets fees.
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1 FISCAL IMPACT:
There is no fiscal impact from the introduction of the Ordinance.
ENVIRONMENTAL IMPACT:
The ordinance is not a “project” pursuant to Section 21065 of the Public Resource Code because it does not change the existing regulatory scheme.
RECOMMENDATION:
Introduce, read by title only and waive further reading of an ordinance of the City Council of the City of San Bruno amending Title 9 (Parks and Recreation) as Part of a Comprehensive Municipal Code Update and finding such action exempt from the California Environmental Quality Act.
ALTERNATIVES:
1. Request additional information before introducing the ordinance.
2. Make additional amendments to the ordinance and re-introduce it.
3. Do not introduce the ordinance and make no changes to existing law.
ATTACHMENTS:
1. Ordinance
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING TITLE 9 (PARKS AND RECREATION) OF THE MUNICIPAL CODE AS PART OF A
COMPREHENSIVE UPDATE AND FINDING SUCH ACTION 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 QCP 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 9 (Parks and Recreation) and are generally recommended for reasons of compliance, consistency, citation updates, and/or to reflect current terminology and/or 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 9, Parks and Recreation, is amended and restated to read, as follows:
TITLE 9
PARKS AND RECREATION
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ATTACHMENT 1
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0 Chapters
Chapter 9.04 Definitions
Chapter 9.08 Parks And Recreation Commission
Chapter 9.10 Senior Citizens Advisory Board
Chapter 9.12 Vehicle Regulations
Chapter 9.16 Animal Regulations
Chapter 9.20 Use Regulations
Chapter 9.24 Fees
Chapter 9.28 Violations
Chapter 9.04 DEFINITIONS
9.04.010 Generally.
As used in this chapter Title 9, Parks and Recreation, the following words, phrases or term shall have the meanings set forth in this chapter. (1344 § 1, 1980; prior code § 17-1.1)
9.04.020 Commission.
“Commission” means the San Bruno parks and recreation commission. (1344 § 1, 1980; prior code § 17-1.1(a))
9.04.030 Department.
“Department” means the San Bruno community services parks and recreation department. (1344 § 1, 1980; prior code § 17-1.1(b))
9.04.040 Hiking, riding trail.
“Hiking and riding trail” means all trails which have been dedicated to the city or county for hiking or horseback riding purposes, or both; or any trail which is open to the general public for such purposes. (1344 § 1, 1980; prior code § 17-1.1(c))
9.04.050 Person.
“Person” shall be construed to mean and shall include natural persons, firms, copartnerships, corporations, clubs and all associations or combinations of persons whatever, whether acting by themselves or by a servant, agent or employee. (1344 § 1, 1980; prior code § 17-1.1(d))
9.04.060 Recreation area.
“Recreation area” shall be construed to mean and shall include all land, facilities and other property for public recreation owned and/or operated by the city and/or the county of San Mateo, including parks, playgrounds, camping areas, swimming pools, picnic grounds, athletic fields, parkways, public squares, hiking and bicycling paths, horse trails and all grounds surrounding public buildings, all planting and areas for planting along roads, streets and highways, and all other recreation areas including all buildings, structures, improvements, apparatus and equipment existing in or that may be erected in any of such areas. (1344 § 1, 1980; prior code § 17-1.1(e))
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0 9.04.070 Sound amplifying equipment.
“Sound amplifying equipment” means any machine or device for the amplification of the human voice, music or any other sound, but shall not include standard automobile radios or automobile tape decks when used and heard only by the occupants of the vehicle in which the automobile radio or tape deck is installed, nor radio receiving sets, nonelectrical musical instruments or television sets. Such term shall not include warning devices on any vehicle used only for traffic safety purposes. (1344 § 1, 1980; prior code § 17-1.1(f))
9.04.080 Vehicle.
“Vehicle” means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks, as defined in the California Vehicle Code. (1344 § 1, 1980; prior code § 17-1.1(g))
[Publisher: Please add these three definitions in their proper alphabetical location in the definitions above and renumber the sections accordingly.] “Guide Dog” means a guide dog that was trained by a person licensed under Chapter
9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 and Civil Code section 54.1.
“Signal Dog” means a dog trained to alert an individual who is deaf or hard of hearing to intruders or sounds, and as defined in Civil Code section 54.1. “Service Dog” means a dog individually trained to the requirements of the individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items, and as defined in Civil Code section 54.1.
Chapter 9.08 PARKS AND RECREATION COMMISSION
9.08.010 Establishment.
There is established an advisory parks and recreation commission to consist of eight general members and one youth representative for the needs of youth. All such members shall be considered as full voting members. (Ord. 1690 § 2, 2004)
9.08.020 Members - Terms.
The eight general members shall consist of residents of the city, who are not employees of the city (members serving at the time this ordinance takes effect are excepted). The eight general members shall serve four-year staggered terms. The youth representative shall be a resident of the city currently attending high school and shall be appointed for a term not exceeding two years. (Ord. 1690 § 2, 2004)
9.08.030 Appointment – Removal - Vacancy.
Members of the commission shall be appointed by and serve at the pleasure of the mayor with the approval of a majority of the city council, subject to removal at any time,
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9.08.039 Appointment – Removal - Vacancy.
Members of the commission shall be appointed by and serve at the pleasure of the mayor with the approval of a majority of the city council, subject to removal at any time, pursuant to city council procedures. If a vacancy shall occur in such appointment other than by expiration of term, it shall be filled by appointment for the unexpired term. (Ord. 1622 § 2, 1999)
9.08.040 Compensation.
No person shall receive any compensation for his or her services as a member of the commission, except for reimbursement of all such expenses necessarily and legitimately incurred and authorized during the performance of official duties. (Ord. 1622 § 2, 1999)
9.08.050 Officers.
The commission shall select one of its voting members as chairperson and another as vice chairperson, each serve a term not exceeding one year. (Ord. 1622 § 2, 1999)
9.08.060 Meetings.
A. The commission shall establish a regular meeting schedule. In accordance with the Ralph M. Brown Act, all meetings shall be open and public, except as otherwise permitted by law. Such regular meeting schedule shall be approved by resolution of the city council.
B. Special meetings, adjournments and continuances of meetings, hearings, closed sessions during meetings and disorderly conduct during meetings shall be governed by Sections 2.04.040 through 2.04.090, with all references therein to the city council and the mayor or presiding officer to be applicable, for purposes of this section, to the commission and its chairperson or presiding officer. (Ord. 1639 § 4, 2001)
9.08.070 Laws - Rules of procedure - Quorum.
A. By-Laws. The committee shall prepare by-laws governing its operations and including rules of procedure governing the conduct of its meetings. Except as provided in the rules of procedure to the contrary, Robert’s Rules of Order Revised the rules of order adopted by the city council shall govern the conduct of such meetings. The bylaws shall be approved by the city council. The committee shall review its by-laws on an annual basis.
B. Quorum. Five members of the committee shall constitute a quorum for the transaction of business. (Ord. 1690 § 2, 2004)
9.08.080 Minutes - Annual report.
A. Minutes. The committee shall issue copies of the minutes of each committee meeting to the city manager, the city clerk and the city council.
B. Annual Report. The committee shall annually provide a report to the city council concerning the commission’s actions, activities and achievements during the preceding year, its
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9.08.090 Powers and duties generally.
The commission shall make recommendations to the city council regarding: community recreation needs; use of recreational facilities and equipment; recreational activities, classes and programs; operation, supervision and maintenance of playgrounds, athletic fields, swimming pools, swimming centers, indoor recreation centers, auditoriums and facilities designated for recreational use, except for the San Bruno Senior Center, on or in any public grounds buildings within or without the city subject to the approval of the city council. (Ord. 1622 § 2, 1999)
9.08.100 Gifts.
The commission may receive donations, gifts, legacies, endowments or bequests made to the city to the commission for or on behalf of the city for the acquisition of parks and recreation facilities and the construction, maintenance and operation of such facilities designated for recreational use, except for the San Bruno Senior Center, subject to the approval of the city council. All donations, gifts, legacies, endowments and bequests so received shall be turned over to the city treasurer and shall be kept in a special fund designated for parks and recreational purposes. (Ord. 1622 § 2, 1999)
Chapter 9.10 SENIOR CITIZENS ADVISORY BOARD
9.10.010 Established.
There is established a senior citizens advisory board to consist of seven members who are San Bruno residents, fifty years of age or older (hereinafter referred to as the board) which members shall be designated in the manner set forth in the senior citizens advisory board bylaws which will be adopted by resolution of the city council. (Ord. 1549 § 1, 1993)
9.10.020 Objectives.
The object and purpose of the board shall be to contribute educational, scientific, literary, artistic, and social activities for senior citizens, age fifty and over. (Ord. 1549 § 1, 1993)
9.10.030 Powers and duties generally.
The board shall approve senior citizen programs and activities within the senior center with staff/volunteers implementing such programs and activities. The board shall provide oversight and coordination of senior citizen programs and activities within the senior center. (Ord. 1549 § 1, 1993)
9.10.040 Qualifications.
Each member of the board shall be a San Bruno resident fifty years of age or older, who has lived in San Bruno for a least two years immediately preceding appointment or election. (Ord. 1597 § 2, 1998)
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The term of office of each member is two years. (Ord. 1549 § 1, 1993)
9.10.060 Quorum.
A quorum shall consist of four members. A majority vote shall be the majority of the quorum present. (Ord. 1549 § 1, 1993)
9.10.070 Removal or vacancy.
A member of the board may be removed by a majority vote of the city council. A vacancy is filled in the same manner as the original appointment or election. A person appointed by the board or elected to fill a vacancy serves for the remainder of the unexpired term, without prejudice to that person being appointed or elected to another term of office. (Ord. 1549 § 1, 1993)
9.10.080 Compensation.
No person shall receive any compensation for his or her services as a member of the board, except for reimbursement of all such expenses necessarily and legitimately incurred and authorized during the performance of official duties. (Ord. 1549 § 1, 1993)
9.10.090 Ex-officio members Secretary.
A representative(s) from the parks and recreation department designated by the city manager shall serve as an ex-officio, non-voting member(s), and shall serve as secretary to the board. (Ord. 1549 § 1, 1993)
9.10.100 Officers.
The board shall elect a chair and vice chair from among its members. The chair and vice chair shall each serve a term not exceeding one year. The chair shall be rotated through all members of the board who have not served as chair, and who agree to serve as chair. The vice chair shall become the chair. In order to qualify to serve as vice chair the person shall be at the beginning of their term. (Ord. 1549 § 1, 1993)
9.10.110 Treasurer.
The board shall appoint a treasurer who shall be a San Bruno resident fifty years of age or older, who shall serve at the pleasure of the board. (Ord. 1549 § 1, 1993)
9.10.120 Meetings.
A. The board shall establish a regular meeting schedule of at least one meeting per month. In accordance with the Ralph M. Brown Act, all meetings shall be open and public, except as otherwise permitted by law. Such regular meeting schedule shall be approved by resolution of the city council. (Ord. 1549 § 1, 1993)
9.10.130 Special meetings.
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0 B. Special meetings may be called at any time upon seventy-two hours written notice to the members thereof and to members of the local press. Written notice of any special meetings shall also be posted at the San Bruno Senior Center seventy-two hours prior to the special meeting. Such meetings may be called by the chair or by a majority of the voting members filing a written request for a special meeting with the secretary. Special meetings, adjournments and continuances of meetings, hearings, closed sessions during meetings and disorderly conduct during meetings shall be governed by Sections 2.04.040 through 2.04.090, with all references therein to the city council and the mayor or presiding officer to be applicable, for purposes of this section, to the commission and its chairperson or presiding officer(Ord. 1549 § 1, 1993)
9.10.140 Bylaws.
The city council shall adopt bylaws which prescribe the duties and functions of the board. Such bylaws, or changes and amendments therefor, shall not be effective until approved by resolution of the city council. The board may make recommendation to the city council regarding changes or amendments to the bylaws. (Ord. 1549 § 1, 1993)
9.10.150 Gifts.
The board may receive donations, gifts, legacies, endowments or bequests made to the city or to the board for or on behalf of the city for the Senior Center. Donations or gifts may be raised in the name of the board or Senior Center so long as any such donations or gifts are not raised for purposes of expanding city programs, modifying the Senior Center facility, or are used for programs that would require specific additional funding from the city, unless specific approval is received from the city council. All donations, gifts, legacies, endowments and bequests so received shall be turned over to the director of finance and shall be kept in a special fund (senior citizens program/activities trust fund) designated for Senior Center purposes. No funds shall be used to fund projects for AARP, county programs, San Bruno Senior Club, private clubs or groups. (Ord. 1549 § 1, 1993)
9.10.160 Reports.
The board shall issue copies of the minutes of each board meeting to the city manager, city clerk and to the city council. (Ord. 1549 § 1, 1993) Chapter 9.12 VEHICLE REGULATIONS
9.12.010 Vehicle operation.
No person shall operate any vehicle except upon established paved roads or other established paved or unpaved areas specifically designated and maintained for normal ingress, egress and parking. This section shall not apply to any city or county emergency vehicle, physically handicapped persons with a disability operating vehicles (not including automobiles) or to any person acting in compliance with the directions of a park ranger or peace officer. (Ord. 1344 § 1, 1980; prior code 17-3.1)
9.12.020 Parking.
No person shall park any vehicle within a park or recreation area, except upon areas designated for such use. No person shall park a vehicle, except an authorized emergency
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A. In any area where such vehicle blocks or obstructs the free flow of traffic; B. Within fifteen feet of a fire hydrant;
C. Adjacent to any curb painted red;
D. Adjacent to any curb painted yellow for any purpose other than the loading or unloading of passengers or materials, provided that the loading or unloading of passengers shall not consume more than three minutes nor the loading or unloading of materials more than twenty minutes;
E. In any park or recreation area after closing time except pursuant to a valid permit; F. In areas where prohibited by “No Parking” signs;
G. On any fire trail, road or access;
H. On any equestrian or hiking trail;
I. Blocking or obstructing any gate, entrance or exit;
J. On any lawn or grassy area;
K. In any picnic area;
L. In such a manner as to take up more than one marked parking space in any authorized parking area. (Ord. 1475 § 2, 1987)
9.12.030 Roads and traffic.
No roads existing in any recreation area shall be public highways, and such roads are set aside and reserved only for the use of the public in attendance upon such area subject to the regulations of the commission. No horseback riding shall be permitted on any such roads nor shall any vehicle at any time travel thereon at a rate of speed in excess of fifteen miles per hour. No such road shall be used or driven upon by any commercial vehicle. Parking or stopping of vehicles shall take place only in areas designated therefor by the commission. The commission or police department shall have authority to close any such roads against all manner of travel whenever in the discretion of either of them the volume of travel or other conditions affecting public safety shall require such closing. (Ord. 1344 § 1, 1980; prior code § 17-3.3)
Chapter 9.16 ANIMAL REGULATIONS
9.16.010 Domestic animals.
No owner or possessor of any dog, cat, fowl or of any animal, whether domestic, livestock, wild or exotic shall permit such animal to enter or run at large in any park, school or recreation area or in the city and county of San Francisco watershed recreational easement,
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0 either with or without a keeper, except as permitted by Sections 9.16.011 and 9.16.020 of this chapter. Nothing in this section shall prohibit a Seeing-Eye dog under the control of a blind person a Guide Dog, a Signal Dog, or a Service Dog accompanied by an individual with a disability or a person licensed to train a Guide Dog or authorized to train Signal Dogs and/or Service Dogs from entering a park, school or recreation area or the city and county of San Francisco watershed recreational easement provided the dog is on a leash and tagged as a Guide Dog, Signal Dog or Service Dog by an identification tag issued by the county clerk, animal control department or other agency as authorized by Chapter 3.5 (commencing with Section 30850) of Title 14 of the Food and Agricultural Code and in accordance with the provisions of Civil Code section 54.2. Further, no person with a disability or person licensed to train Guide Dogs or authorized to train Signal or Service Dogs shall be required to pay an extra charge or security deposit for such dogs, however, the individual shall be liable for any damage done to the premises or facilities by such dog. (Ord. 1861 § 2, 2018; Ord. 1493 § 2, 1988)
9.16.011 Parks where dogs allowed - Regulations.
Dogs shall be allowed only in the following city parks, and subject to the regulations listed in this section: Bayshore Circle Park, Belle Air/Lion’s Field Park, Buckeye Park, City Park, Commodore Park, Earl-Glenview Park, Fleetwood Park, Florida Avenue Park, Forest Lane Park, Grundy Park, Monte Verde Park, Pacific Heights Park, 7th Avenue Park, and 7th/Walnut Park. Dogs are not allowed in the following city parks: Catalpa Tot Lot, Herman Tot Lot, Lomita Park, Ponderosa Park, and Posy Park.
In those parks where dogs are allowed, owner/handlers shall not have more than three dogs, which shall be on a non-retractable leash of not more than six feet. Dogs shall be under the control of the owner/handlers at all times. Owner/handlers shall promptly pick up after their dogs and use appropriate trash receptacles to dispose of all waste. Dogs shall be prohibited from entering the surface surrounding children’s play areas and synthetic turf areas. (Ord. 1861 § 2, 2018)
9.16.020 Authorized dog runs.
The city council may, by resolution, authorize identified public facilities as dog runs within the city. Upon the designation of an authorized dog run, the following shall apply:
A. The use of the identified public facility as a dog run is for the recreation and/or exercise of dogs only, which may or may not be restrained by a leash, rope or other physical restraint while the dog is within the designated dog run.
B. During the transportation of a dog or dogs to and from designated dog runs, the dog or dogs must be restrained by leash, rope or other physical restraint which shall be continuously held by a competent person.
C. All dogs within a designated dog run must be licensed and vaccinated pursuant to Chapter 6.36 of this code.
D. Unrestrained dogs within a designated dog run must be under the supervision and control of a competent person. Dogs may not be left unattended within any designated dog run.
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0 E. The days and hours of operation of the public facility as a dog run, and other such limiting conditions shall be established by resolution of the city council and posted upon a conspicuous place within the designated dog run.
F. In permitting a designated area to be operated as a dog run within the public facility, neither the city nor the facility owner, nor any employee, officer or agent of the city or the facility owner assumes responsibility or liability for any personal injury, injury to other animals, or property damage occasioned by a leashed or unleashed dog within the designated dog run area. The dog owner and/or custodian of the dog assumes actual liability for any such injury so occasioned. (Ord. 1861 § 2, 2018; Ord. 1493 § 2, 1988)
9.16.030 Removal of excreta.
It is the responsibility of each dog owner or controller to remove, contain and properly dispose of his or her animal’s excreta, trash and litter prior to leaving the designated dog run. (Ord. 1493 § 2, 1988)
9.16.040 Remaining in area after directed to leave.
A. The city council finds and declares that the creation of a dog run area may potentially cause disruption to the users of the facility by the occasional animal owner who is unwilling or unable to keep his or her dog from disrupting other facility users. The city council further finds that appropriate officials need the ability to preserve the health, safety and welfare of the community in general and of the dog run facility users in particular by empowers such officials to remove those animal owners who are unable or unwilling to control their animals.
B. When any animal control officer, police officer, or other employee designated by either the San Bruno city manager or chief of police declares that an animal within a designated dog run is either unsupervised, or such animal owner either is unable or unwilling to control his or her animal, the officer or employee may direct the animal owner to leash his or her animal and leave the designated dog run.
C. No person shall remain in a designated dog run after having been directed to leave pursuant to subsection B of this section beyond an amount of time reasonably necessary to depart from the area.
D. Any person directed to leave a designated dog run must remain away from within the enclosed premises of the designated dog run for a period of no less than twenty-four hours. (Ord. 1493 § 2, 1988)
9.16.050 Violation - Penalty.
Any person violating the provisions of this chapter shall be guilty of an infraction and shall be punished as provided in Section 1.28.010 of this code. (Ord. 1493 § 2, 1988) Chapter 9.20 USE REGULATIONS
9.20.010 Game playing areas.
The flying of model airplanes, playing of archery and golf, batting of baseballs or softballs, throwing of the shotput, discus and javelin are prohibited upon city parks, playgrounds,
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0 tot lots and other open public places in the city provided that this section shall not apply in such areas within parks which are posted to permit any of the activities prohibited in this section.
Baseball and softball shall be permitted in unposted areas only where the city has provided a baseball diamond. (Ord. 1344 § 1, 1980; prior code § 17-5.1)
9.20.020 Picnic permits.
All persons and groups desiring to hold picnics in any recreation area designated as reservable shall procure and obtain permits therefor from the department. (Ord. 1344 § 1, 1980; prior code § 17-5.2)
9.20.030 Fires and barbecues.
No person shall light, build, use or maintain a fire or barbecue grill or similar equipment within any park or recreation area except as follows:
A. On city installed or provided barbecue grills or similar equipment in places specifically provided therefor. The user shall first remove all dead wood, moss, dry leaves or other combustible material that may have gathered around such place so there is no reasonable likelihood of danger of a fire hazard. No person responsible for a barbecue or similar equipment in any city park or recreation area as herein permitted shall leave the fire unattended. When the user has finished with the fire, it shall be completely extinguished.
B. As allowed by permit authorized by the parks and recreation department for special events. (Ord. 1742 § 2, 2007)
9.20.040 Prohibited acts.
A. No person shall pick flowers, foliage or fruit, or cut, break, dig up or in any way mutilate or injure any tree, shrub, plant, fern, grass turf, railing, seat, fence, structure or any other thing; or cut, carve, paint, mark, paste or otherwise fasten on any tree, stone, fence, wall, building, monument or any other object in any recreation area any sign, notice, advertisement or inscription.
B. No person shall climb any tree, stone, fence, wall, building and/or monument in any recreation area.
C. No person shall place or throw bottles, broken glass, crockery, ashes, waste paper, cans or any decaying or putrid matter or other rubbish in any park or recreation area except in a receptacle designed for that purpose.
D. No person shall transport or dump any rock, rubble, dirt, sand, fill or other similar material into or in any park or recreation area without the permission of the department.
E. No person shall destroy, disturb, mutilate or remove earth, sand, gravel, oil, minerals, rocks; or lay or set off any explosive material or cause to be done or assist in doing any of such things in any park or recreation area or hiking and riding trail without the specific permission of the department.
F. No person shall remove, injure, disfigure, deface or destroy any object of paleontological, archaeological, or historical interest or value in any park or recreation area or
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0 hiking or riding trail nor shall any person engage in any excavation for such objects without first receiving written permission from the department.
G. No person shall discharge fireworks of any kind in any park or recreation area.
The San Bruno fire chief, his or her designee, or any San Bruno peace officer may seize, take, remove, or cause to be removed and later dispose of any fireworks in the possession, control, custody or proximity of any person found to be in violation of this section. (Ord. 1559 § 3, 1994; Ord. 1344 § 1, 1980; prior code § 17-5.4)
9.20.045 General noise regulation.
A. Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully willfully make or continue, or cause to be made or continued, any loud, unnecessary, and unusual noise which disturbs the peace or quiet of any park, open space or recreation area or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area, or using the park facilities.
B. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:
1. The level of the noise;
2. Whether the nature of the noise is usual or unusual;
3. The level and intensity of the noise;
4. The proximity of the noise to residential sleeping facilities;
5. The time of day or night the noise occurs;
6. The duration of the noise; and/or
7. Whether the noise is recurrent, intermittent or constant.
C. The following activities shall be exempted from the provisions of this chapter:
1. School bands, school athletic and school entertainment events.
2. Outdoor gatherings, public dances and sporting and entertainment events provided such events are conducted pursuant to all city ordinances and regulations.
3. Noise sources associated with demolition, construction, maintenance and/or repair upon a park, open space or recreation area property, building or other structure.
4. Any activity to the extent regulation thereof has been preempted by state or federal law.
D. In addition to those penalties for violation of this chapter enumerated in Chapter
9.28, the chief of police or his or her designee, or the director of parks and recreation community services or his or her designee may order an individual or individuals violating any provision of this section:
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0 1. To discontinue the activity creating the noise which is in violation of this chapter; or
2. To leave the park, open space or recreation area for a period not to exceed twenty-four hours.
E. Upon issuance of a citation following a private person arrest of an individual allegedly violating this section, the chief of police or his or her designee may order the arrested individual to leave the park, open space or recreation area for a period not to exceed twenty- four hours pursuant to the provisions of this section.
F. Upon a lawful order from the chief of police or his or her designee, to leave the park, open space or recreation area for a period not to exceed twenty-four hours pursuant to the provisions of this Section, failure to so leave upon knowing receipt of such lawful order shall constitute an infraction; or in the alternative, may constitute a violation of Section 148 of the California Penal Code.
G. No person shall remain in any such park, open space or recreation area after having been directed to leave pursuant to this subsection beyond an amount of time reasonably necessary to depart from the area. (Ord. 1503 § 1, 1989)
9.20.050 Concessions.
No person shall engage in the business of soliciting, selling or peddling of any liquids or edibles for human consumption, distribute circulars, or hawk, peddle or vend any goods, wares or merchandise of any kind in any recreation area, except as otherwise authorized by Title 4 of this Code by specific concession or permit secured from the commission. All persons holding concessions or permits under this section shall keep the grounds used by them properly policed and shall maintain the premises in a sanitary condition to the satisfaction of the department. No operator of any concession shall retain in his or her employment any person whose presence is deemed by the department to be subversive of good order and management. (Ord. 1344 § 1, 1980; prior code § 17-5.5)
9.20.060 Cameras.
Still and motion picture cameras may be freely used for general purposes in any recreation area. No filming of motion pictures or sound pictures requiring the use of artificial or special settings or special equipment, or involving the performance of a professional cast, shall be undertaken until a permit is first obtained from the commission department. (Ord. 1344 § 1, 1980; prior code § 17-5.6)
9.20.070 Hours.
Due to vandalism and other such unlawful acts, the city parks shall be closed every evening from ten p.m. to five a.m. the next morning. No person shall be present within the city parks during such times except when attending activities for which approval has been previously granted by the commission or department. (Ord. 1344 § 1, 1980; prior code § 17-5.7)
9.20.080 No drinking alcoholic beverages in designated locations.
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0 Unless authorized by permit from the recreation services department or where the consumption of alcohol is specifically authorized by the city or city council by ordinance, resolution or permit, no person shall drink any alcoholic beverage in the following locations:
A. While on or upon any portion of the roadway or parking facilities located within San Bruno Park;
B. Within the public recreation center, within the public swimming pool area, or upon the concrete sidewalks, aprons or walkways adjoining or alongside the public recreation center and the public swimming pool located within San Bruno Park; C. Within in any area of San Bruno Park designated by resolution of the San Bruno city council, and thereafter posted or signed, specifying that drinking an alcoholic beverage is prohibited in that area;
D. Within any public park in the city of San Bruno or within any part of any public park in the city of San Bruno, designated by resolution, and thereafter posted or signed, specifying that drinking an alcoholic beverage is prohibited.
E. Any person violating provisions of this chapter of the San Bruno Municipal Code shall be guilty of an infraction as a first offense and thereafter as a misdemeanor, and, upon conviction of a misdemeanor shall be punished by a fine of not less than five hundred dollars or by imprisonment of not more than six months or both. (Ord. 1661 § 2, 2002)
9.20.090 Gambling.
Gambling in any form, or the operation of gambling devices for merchandise or otherwise, is prohibited in any recreation area without the approval of the city council. (Ord. 1344 § 1, 1980; prior code § 17-5.9)
9.20.100 Remaining in parking areas after police direction to leave.
A. The city council finds and declares that there is a tendency for persons to congregate in certain roadways and parking facilities in San Bruno Park adjacent to residential neighborhoods. Such congregation frequently produces excessive noise and vandalism to the detriment of such adjacent neighborhoods.
B. When any police officer of the city finds that persons are congregating within a roadway or parking facility including adjacent sidewalk areas within San Bruno Park in such numbers and under such circumstances that he or she has reasonable cause to believe that their continued presence in such roadway or facility would be conducive to (1) the creation of unreasonably loud noise likely to disturb an adjacent residential neighborhood; or (2) the malicious damage to or destruction of property; or (3) offensive or abusive words or conduct with respect to pedestrians traversing the roadway or parking facility, he or she may direct any or all of such persons to leave such roadway or parking facility.
C. No person shall remain in any such roadway or facility after having been directed to leave pursuant to subsection B beyond an amount of time reasonably necessary to depart from the area. (Ord. 1346 § 1, 1980; prior code § 17-5.10) Chapter 9.24 FEES
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0 9.24.010 Collection.
The fees established by the city council commission for the privileges, services or materials designated shall be collected by the department and shall be deposited in the treasury of the city of San Bruno and shall be credited to the appropriate fund. (Ord. 1344 § 1, 1980; prior code § 17-6.1)
9.24.020 Special use fees.
The commission, a As a condition to the exercise or use of any special service relative to a recreation area, the city council may adopt a schedule of fees therefor, subject to the approval of the city council. Any money collected therefor shall be deposited in the treasury of the city and shall be credited to the fund established pursuant to Section 9.08.110. (Ord. 1344 § 1, 1980; prior code § 17-6.2)
Chapter 9.28 VIOLATIONS
9.28.010 Violations an infraction.
Any person violating any of the provisions of this chapter or failing to comply with any of the mandatory requirements thereof, except as otherwise provided, shall be guilty of an infraction, punishable by (1) a fine of not more than fifty dollars for a first violation; (2) a fine not exceeding one hundred dollars for a second violation of this chapter within one year; and (3) a fine not exceeding two hundred dollars for each additional violation of the same chapter within one year. (Ord. 1344 § 1, 1980; prior code § 17-7.1)
9.28.020 Exceptions.
The provisions of this chapter shall not apply to employees of the department or other public officials acting within the scope of their authorized duties and concession activities.
Department employees, public officials, concessionaires, and their employees shall abide by the laws of the state of California and all applicable county and municipal ordinances and regulations. (Ord. 1344 § 1, 1980; prior code § 17-7.2) SECTION 4. California Environmental Quality Act (CEQA). This ordinance is not a “project” pursuant to Section 21065 of the Public Resource Code because it does not change the existing regulatory scheme.
SECTION 5. 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 6. 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
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0 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:
_______________________________
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 _________, 2024, and adopted by the San Bruno City Council at a regular meeting on _________, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_______________________________
Lupita Huerta, City Clerk
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SAMPLE LANGUAGE BELOW PROVIDED BY COUNCILMEMBER HAMILTON RESOLUTION NO. 2024 - ______
(DRAFT)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO CALLING
FOR AN IMMEDIATE PERMANENT BILATERAL HUMANITARIAN CEASEFIRE IN
ISRAEL AND PALESTINE, FOR THE RELEASE OF REMAINING HOSTAGES, AND IN SUPPORT OF ALLOWING UNRESTRICTED HUMANITARIAN AID.
WHEREAS, San Bruno, as the City with a Heart and with our resolved commitment to stand united against hate, denounces the abhorrent recent rise in antisemitism and Islamophobia in our society; and
WHEREAS, over 20,000 civilians have been killed in recent violence in Israel and Palestine; and
WHEREAS, the current Israel-Hamas hostilities have caused incalculable devastation to Palestinian civilians, including destruction of homes and lack of access to food, water, medical care and the basic necessities of life; and
WHEREAS, while a temporary pause to hostilities and hostage release in Gaza in December brought some humanitarian aid and the release of dozens of Palestinian and Israeli hostages, it is not enough, and a permanent bilateral ceasefire must be achieved in order to protect innocent civilians; and
WHEREAS, Palestinian-Americans and other non-Arab Americans from within our San Bruno community appealed directly to the San Bruno City Council to call for an end to the ongoing violence and bring relief to the humanitarian crisis ongoing in Gaza; and WHEREAS, a majority of Americans from across the political spectrum support a bilateral ceasefire; and
WHEREAS, international organizations including Amnesty International, the World Health Organization, the United Nations, the U.S. Agency for International Aid, and the International Rescue Committee have all called for a bilateral ceasefire; NOW THEREFORE BE IT RESOLVED, that the San Bruno City Council calls for Congress to act in support of an immediate permanent bilateral humanitarian ceasefire in Israel and Palestine, for the release of remaining hostages, and in support of allowing unrestricted humanitarian aid.
NOW BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the offices of Assemblymember Diane Papan, State Senator Josh Becker, U.S. Representative Kevin Mullin, Governor of California Gavin Newsom, U.S. Senator Laphonza Butler, U.S. Senator Alex Padilla, U.S. Vice President Kamala Harris, and U.S. President Joe Biden, urging them to take immediate action to use their positions and influence to work toward ending the ongoing suffering.
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Item 9a_Attachment