Agenda, first session — San Bruno City Council, January 9, 2024 (part 1 of 2)

"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
January 9, 2024
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/85177481233?
pwd=4YKDr
RSK6s3U3YrTBiMynpawNtcRA.ZI3Bh3jiNxLS9nuD
Phone Line: 16465588656
Webinar ID: 851 7748 1233
Webinar Password: 942023
*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. Issue Proclamation declaring January as National Human Trafficking Prevention Month b. Receive HIP Housing 2024 Calendar Presentation
c. Receive Update on Citywide Parking Enforcement and Downtown Metering Program

6. CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested. There will be a single public comment period for all items in this section unless a Councilmember requests to pull an item for a separate vote. a. Approve the Draft Special Meeting Minutes for December 12, 2023 and Draft Regular Meeting Minutes for December 12, 2023
b. Approve Accounts Payable for December 11, 2023 and December 21, 2023 c. Accept Payroll for December 3, 2023 and December 17, 2023 d. Approve Investment Report Dated November 30, 2023
e. Consider Adoption 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”
f. Consider Adoption of a Resolution Accepting Annual Report of Development Impact Fees and Charges for the Fiscal Year Ended June 30, 2023
g. Consider Adoption of a Resolution Acknowledging Receipt of a Report made by the Fire Marshal of the San Bruno Fire Department Regarding the Inspection of Certain Occupancies Required to have Annual Inspections Performed Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
h. 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 i. Consider Adoption of a Resolution Approving the First Amendment to the Employment Agreement between the City of San Bruno and Alex D. McIntyre j. Consider Adoption of a Resolution Approving Benefits for the Unrepresented Assistant City Manager Position

7. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Receive Presentation Regarding AgeFriendly City AdHoc Recommendations and Consider Adoption of a Resolution to Apply for the AARP AgeFriendly Cities and Communities Designation
b. 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”

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

9. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Councilmember Hamilton:

Discuss agendizing a resolution 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

10. ADJOURNMENT – The next Regular City Council Meeting will be held on January 23, 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 January 5, 2024, by 6:00 p.m. 1 of 139
"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
January 9, 2024
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

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

9. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Councilmember Hamilton:

10. ADJOURNMENT – The next Regular City Council Meeting will be held on January 23, 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 January 5, 2024, by 6:00 p.m. 2 of 139
"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
January 9, 2024
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

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

9. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Councilmember Hamilton:

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Proclamation
January as ffuwmn Trafficking Prevemion Month in San Bruno WHEREAS, the United States Senate designated January 1 I as National Human Trafficking Awareness Day in 2007 and, beginning in 2010 by Presidential Proclamation, each , January has been designated National Slavery and Human Trafficking Prevention Month; and ' WHEREAS, human trafficking involves commercial sexual exploitation and labor ' exploitation. Sex trafficking is defined as "a commercial sex act that is induced by force, fraud, or coercion," but if the person has not attained the age of 18 years old, force, fraud or coercion . is not required. Labor trafficking is defined as, "the recruitment, harboring, transportation, ' provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery."; and
WHEREAS, human trafficking is a human rights violation, and a violation of federal and state law. The FBI identifies California and the San Francisco Bay Area as an area of high prevalence for human trafficking. victims often do not recognize their victimization, do not know that help is available, or where to seek assistance; and , WHEREAS, the County of San Mateo has dedicated resources including the San Mateo County Human Trafficking Program and has supported the efforts of the San Mateo County Police Chiefs and Sheriff Association and has partnered with other governmental and non- governmental organizations to identify and address human trafficking within San Mateo County.

NOW, THEREFORE, 1, Rico E. Medina, Mayor of the City of San Bruno, do hereby proclaim the month of January 2024 as

HUMAN TRAFFICKING PREVENTION MONTH
and encourage the ;upport of San Mateo County's efforts in the fight against human trafficking. 1,
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Item 5a
1 "Th e 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
December 12, 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. CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Manager and Chief People Officer Employee organization: Teamsters Local 856, IBT Miscellaneous; Teamsters Local 350, IBT Mid-Management; and San Bruno Management Employees Association No reportable action was taken
b. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Manager
Unrepresented employee: Assistant City Manager
No reportable action was taken
c. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor Rico E. Medina Unrepresented employee: City Manager
No reportable action was taken
d. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: APN 020-013-250 & 020-013-260
Agency Negotiator: City Manager
Negotiating Parties: Christian Pullara on behalf of the Cardinale Family Trust Under negotiation: price and terms of payment
No reportable action was taken
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Item 6a
2 5. ADJOURNMENT
This meeting adjourned at 6:39 pm to the next Regular City Council Meeting on Tuesday, December 12, 2023 at 7:00 pm.

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, and presented to the City Council for approval at the regular meeting of January 9, 2024.

Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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1 "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
December 12, 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 Batool Zaro – spoke in support of ceasefire resolution Member of the Public Neda Jamaly – spoke in support of ceasefire resolution Member of the Public Besan Zaro – spoke in support of ceasefire resolution Member of the Public Kamilah Albahri – spoke in support of ceasefire resolution Member of the Public Justin Fang – spoke in support of ceasefire resolution Member of the Public Eleni Katout – spoke in support of ceasefire resolution Member of the Public Maha Yaser-Shihadih – spoke in support of ceasefire resolution Member of the Public Shahana – spoke in support of ceasefire resolution Member of the Public Kinda Dawah – spoke in support of ceasefire resolution Member of the Public Ibrahim Abughosh – spoke in support of Palestine The City Council Meeting Recessed at 7:21 pm and reconvened at 7:33 pm

5. ANNOUNCEMENTS/PRESENTATIONS
a. There is no regular City Council meeting on the fourth Tuesday in December. The next regular City Council meeting will be held on January 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
Fire Chief Ari Delay spoke briefly.

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2 Battalion Chief Waldvogel accepted proclamation
c. Receive a Presentation on the Tanforan for San Bruno Community Engagement Process and Revised Preliminary Project Application
Mayor R. Medina recused himself due to the location of his home causing a conflict of interest.

Assistant City Manager Darcy Smith and consultants Jesse Nelson and Terezia Nemeth of Alexandria Real Estate Equities presented the item and answered questions.

Member of the Public Thomas Joseph - spoke about height and traffic concerns Member of the Public Rebecca Molano – spoke about focus on big businesses and local merchants

6. STUDY SESSION
Study session was called to order at 8:34 pm
a. Conduct a Joint City Council/Planning Commission Study Session and Provide Feedback on Proposed Municipal Code Amendments to Improve the Planning Permitting Process ROLL CALL: Commissioners Biasotti, Harman, Johnson, Lethin, Kuhn, Vice Chair Durazo and Chair Madden were all present
Community Development Director Peter Gilli presented the item to the City Council and answered questions
No members of the public wished to speaker under this item No reportable action was taken
Joint City Council and Planning Commission Study Session adjourned at 9:49 pm The City Council Meeting Recessed at 9:49 pm and reconvened at 9:56 pm

7. CONSENT CALENDAR
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

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3 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 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
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 No items were pulled by the City Council for a separate vote Item g – Councilmember M. Medina pulled item for comment Item j – Councilmember M. Medina pulled item for comment No members of the public wished to speak under the Consent Calendar M/S Hamilton/Salazar to approve consent calendar. The motion passed unanimously.

8. CONDUCT OF BUSINESS
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 Rights-of-Way) and Amending Chapter 13 (Inspection, Repair And Replacement Of Private Sewer Laterals) Of Title 10 (Municipal Services) As

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4 Part Of A Comprehensive Update and Finding Such Actions Exempt From The California Environmental Quality Act”
City Attorney Trisha Ortiz presented the item to the City Council.

No members of the public wished to speak under this item M/S Hamilton/Salazar to approve the item. The motion passed unanimously 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
Assistant to the City Manager Jennifer Dianos presented the item to the City Council.

No members of the public wished to speak under this item Councilmember Salazar and Vice Mayor Hamilton appointed to serve on committee c. Appointment of Vice Mayor to Serve a One-Year Term
Councilmember Salazar accepted appointment to serve as Vice Mayor No members of the public wished to speak under this item d. Receive Report and Confirm Appointment of City Councilmembers to Serve as Representatives and Alternates to San Mateo County Agencies and Other Regional Bodies
All agreed to appointments as primary/alternates as listed on matrix contained in agenda packet

9. COUNCIL COMMITTEE REPORT OUT
Councilmember Hamilton:
• Bay Area Water Supply and Conservation Agency: November 16th regular meeting with a reception celebrating the 20 year anniversary of BAWSCA.

SFPUC will be shutting down outflows from Hetch Hetchy from December through March for scheduled work on the mountain tunnel and other infrastructure. SFPUC announced it's partnering with Bowa to explore creating a grant program to help local agencies with projects that would reduce demand on regional water system.

10. COMMENTS FROM COUNCIL MEMBERS
Councilmember Hamilton:
• Second Harvest Distribution will be held on December 27 at 2 pm at Belle Air School. Sign ups on the spot. Volunteers welcome.

Mayor R. Medina:
• On December 6, spoke at the San Bruno Community Foundation meeting, Community Services Director as well as City Manager were present, persons were awarded grants that have applied in the city.
• Hearing reports about Sacramento's budget where it once flourished, $68 billion consumed thus far, looking at 24-25 budget, could be $14 billion deficit. An update will be on January 10th.

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5 • Had meeting on December 6th with the president of the San Bruno Park School District and the superintendent along with the city manager and myself on exploring the idea of a joint meeting next year.
• Caltrain: No dumping signs are up. LED lights are now working. Thank the City Manager for meeting with the executive director from Caltrain. Met to discuss the fountain. Measure K funds expire next year, $250,000.

11. ADJOURNMENT
This meeting adjourned at 10:29 pm. The next Regular City Council Meeting will be held on January 9, 2024 at 7:00 pm.

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, and presented to the City Council for approval at the regular meeting of January 9, 2024

Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 11, 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 206481 through 206618 inclusive, totaling $1,337,029.34 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 $172,035.97
111 Police Asset Forfeiture $2,400.00
133 Restricted Revenues $2,180.00
137 Developer Project Contributions $80,400.87
201 Parks and Facilities Capital $4,756.47
203 Street Improvement Projects $38,161.55
611 Water Fund $571,692.89
621 Stormwater Fund $12,156.23
631 Wastewater Fund $180,576.55
641 CityNet Services Fund $110,418.69
701 Central Garage $12,431.03
702 Facility Maintenance Fund $21,844.62
703 General Equipment Revolving $64,606.02
707 Technology Development $3,662.00
711 Self-Insurance $59,706.45

TOTAL FOR
APPROVAL $1,337,029.34

Respectfully submitted,

_________________________
Chief Financial Officer Date
DocuSign Envelope ID: 9941789F-5FE6-474A-B4DE-AE4C0B72CFCD 12/11/2023

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12/11/2023 11:39:22AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0109212 ABEL CALDERON 206505 506.2412/11/2023
0106435 ACTION TOWING & ROAD SVC. INC. 206482 468.1312/11/2023 0000858 ADECCO EMPLOYMENT SERVICES 206483 677.7612/11/2023 0101004 ADOBE ANIMAL HOSPITAL 206484 752.4512/11/2023 0109701 AIRDATA UAV, INC. 206485 2,400.0012/11/2023
0001170 AIRGAS USA, LLC 206486 286.4112/11/2023
0000163 AIRPORT AUTO PARTS INC. 206487 414.8312/11/2023 0018953 ALLIANT INSURANCE SVC. INC. 206488 297.0012/11/2023 0018976 ALPHA ANALYTICAL LAB. INC. 206489 1,175.0012/11/2023 0104542 ALTA LANGUAGE SERVICES, INC. 206490 264.0012/11/2023 0109190 AMERICAN PORTABLES 206491 4,756.4712/11/2023
0096700 ANDY'S WHEELS & TIRES 206492 2,758.3212/11/2023 0016123 AT&T 206494 1,218.0212/11/2023
0017191 AT&T 206495 59.6212/11/2023
0015110 AT&T MOBILITY 206496 654.9912/11/2023
0105649 ATLAS PLUMBING AND ROOTER,INC. 206497 10,000.0012/11/2023 0000345 BAKER & TAYLOR BOOKS 206498 1,365.6412/11/2023 0108691 BEAR CLOUD TECHNOLOGIES, INC. 206499 469.5012/11/2023 0110745 BETTERHELP, INC. 206500 1,105.0012/11/2023
0109646 BIO CAR CARE 206501 1,790.0012/11/2023
0110788 BLAISDELL'S BUSINESS PRODUCTS 206502 219.2012/11/2023 0000378 BROADMOOR LANDSCAPE SUPPLY 206503 5,063.7112/11/2023 0107369 CALIFORNIA BANK OF COMMERCE 206506 30,117.5212/11/2023 0106437 CALIX, INC. 206507 8,969.7812/11/2023
0018048 CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. 206557 937.8812/11/2023 0106676 CBS SPORTS NETWORK 206508 3,079.2412/11/2023
0016324 CINTAS CORPORATION #464 206509 1,485.5612/11/2023 0016324 CINTAS CORPORATION #464 206510 71.9712/11/2023 0098588 CITY OF BURLINGAME 206511 500.0012/11/2023
0000227 CITY OF SAN BRUNO 206512 247.4112/11/2023
0000386 CITY OF SOUTH SAN FRANCISCO 206513 6,405.9712/11/2023 0109639 CLAREMONT BEHAVIORAL SVCS,INC. 206514 753.7512/11/2023 0110074 COGENT COMMUNICATIONS, INC. 206516 4,000.0012/11/2023 0017105 COLMA POLICE DEPARTMENT 206517 500.0012/11/2023 0018911 COMCAST CABLE COMMUNICATIONS 206518 13,357.8912/11/2023 0109998 CONSOR PMCM, INC. 206519 38,572.6912/11/2023
0018331 CSG CONSULTANTS INC. 206520 23,487.2112/11/2023 0110849 CUBIC ITS, INC. 206521 1,379.9112/11/2023
0111204 DAVID MITCHELL 206569 52.5312/11/2023
0109577 DIRECTWORX 206522 4,107.9212/11/2023
0000046 EWING IRRIGATION PRODUCTS INC 206524 1,260.2812/11/2023 0106349 F.A. POLI, INC. 206525 2,250.0012/11/2023
0106348 FAST AGGREGATES PRODUCTS,INC. 206526 4,840.5912/11/2023 0000944 FEDEX 206527 33.1312/11/2023
0109510 FIRST ALARM 206529 525.4012/11/2023
0001782 FLOWERS ELECTRIC & SVC.CO.INC. 206530 29,167.2912/11/2023 0018117 FLYERS ENERGY, LLC 206531 7,540.2512/11/2023
0017720 FOX TELEVISION STATIONS, INC. 206532 20,612.9412/11/2023 0100938 GABRIEL RICHARDSON 206581 425.0012/11/2023
0018272 GALE/CENGAGE LEARNING 206534 32.5112/11/2023
0016363 GCS ENVIRONMENTAL & EQUIPMENT SVC. 206523 2,105.8112/11/2023 0105998 GHD, INC. 206535 10,105.2212/11/2023
0105777 GODBE CORPORATION 206536 18,250.0012/11/2023
Page: 1
DocuSign Envelope ID: 9941789F-5FE6-474A-B4DE-AE4C0B72CFCD

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12/11/2023 11:39:22AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0108415 GOLDEN BAY CONSTRUCTION, INC. 206537 27,309.4112/11/2023 0000162 GRAINGER 206538 813.8512/11/2023
0000541 GRANITE ROCK COMPANY 206539 348.5112/11/2023
0105687 GRAPHICS ON THE EDGE 206540 2,391.0112/11/2023 0111190 GREATWALL BUILDING CONTRACTOR, INC. 206504 10,000.0012/11/2023 0106432 GURUS EDUCATION 206541 1,427.4012/11/2023
0095792 HARRISON & BONINI 206542 634.8612/11/2023
0096946 HDR ENGINEERING, INC. 206543 1,776.8012/11/2023 0105735 HYDROSCIENCE ENGINEERS, INC. 206544 2,730.0012/11/2023 0111194 IAN JOHNSON 206552 250.0012/11/2023
0099960 IN & OUT PLUMBING 206546 3,500.0012/11/2023
0109121 INFORMATION PROFESSIONALS,INC. 206548 480.0012/11/2023 0111187 INSIGHT DIRECT USA, INC. 206549 9,155.0012/11/2023 0015531 INTERSTATE BATTERY SYS. OF SF 206550 339.3312/11/2023 0111186 JASE INDREBO 206547 6.9912/11/2023
0111202 JEAN FREEMAN 206533 15.8912/11/2023
0103342 JMB CONSTRUCTION, INC. 206551 572,232.9512/11/2023 0111203 JOYCE SANDVIK 206589 15.2912/11/2023
0000771 JT2 INTEGRATED RESOURCES 206553 59,706.4512/11/2023 0000132 KELLY-MOORE PAINT CO INC. 206555 136.6912/11/2023 0111212 KENNETH N. ROBERTS TRUST 206556 5,857.1912/11/2023 0105940 LEADS ONLINE 206558 5,866.0012/11/2023
0105822 LEE & RO, INC. 206559 57,779.3812/11/2023
0017570 LEHR AUTO ELECTRIC 206560 38,501.9312/11/2023 0018777 LEXISNEXIS RISK DATA MANAGEMENT 206582 692.2512/11/2023 0109978 LINDE GAS & EQUIPMENT INC. 206561 187.7512/11/2023 0110058 LIONDANCEME 206562 1,930.0012/11/2023
0018177 LOWE'S 206563 2,953.8512/11/2023
0018496 MCMASTER-CARR SUPPLY CO. 206564 18.8712/11/2023 0018767 MEGA HERTZ 206565 2,909.8612/11/2023
0111206 MEGAN TESENE 206602 7.1812/11/2023
0106558 MICHAEL SMITH 206595 996.8712/11/2023
0092285 MICROMARKETING LLC 206566 150.6012/11/2023
0110443 MILLBRAE COMMUNITY TELEVISION 206567 2,525.9612/11/2023 0001709 MILLBRAE LOCK 206568 325.3512/11/2023
0110900 NATIONAL EMBLEM, INC. 206570 5,229.0912/11/2023 0103301 NHL NETWORK US, LP 206572 913.3612/11/2023
0111193 NORTHSTATE ASSISTIVE TECHNOLOGY 206493 4,387.3012/11/2023 0111055 O'REILLY AUTO PARTS 206574 1,670.4312/11/2023 0110243 ODP BUSINESS SOLUTIONS, LLC 206573 151.3412/11/2023 0018701 ORKIN PEST CONTROL 206575 472.9612/11/2023
0000012 PACIFIC GAS & ELECTRIC 206576 50,936.5912/11/2023 0017260 PETERSON TRUCKS, INC. 206577 251.4312/11/2023 0016828 PRECISION AUTO SERVICE 206578 99.9512/11/2023 0110333 QUALITY AUTOMOTIVE SHOP 206579 227.0012/11/2023 0000175 RECOLOGY SAN BRUNO 206580 3,489.0112/11/2023
0109297 RORO'S AUTO REPAIR INC. 206583 6,500.0012/11/2023 0013581 ROVI GUIDES, INC. 206584 9,820.2212/11/2023
0106070 SAFETY-KLEEN SYSTEMS, INC. 206585 215.0012/11/2023 0111205 SALVADOR SERRANO 206590 95.3212/11/2023
0096659 SAN BRUNO PET HOSPITAL 206586 828.3712/11/2023 0099047 SAN MATEO CTY SHERIFF'S OFFICE 206587 3,910.4012/11/2023 0017145 SAN MATEO LAWN MOWER SHOP 206588 721.1112/11/2023 0103732 SFO MEDICAL CLINIC 206591 454.0012/11/2023
Page: 2
DocuSign Envelope ID: 9941789F-5FE6-474A-B4DE-AE4C0B72CFCD

14 of 139

12/11/2023 11:39:22AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0097626 SHARP ELECTRONICS CORP. 206592 140.3712/11/2023 0000216 SHOWTIME NETWORKS INC. 206593 1,526.7412/11/2023 0105745 SMELLY MEL'S PLUMBING 206594 3,500.0012/11/2023 0103492 SMITHSONIAN NETWORKS 206596 160.3712/11/2023
0109626 SOUTHERN FIBERNET COMMUNICATIONS LLC 206528 21,874.1912/11/2023 0105711 STEPFORD 206597 17,493.2312/11/2023
0017857 STERICYCLE, INC. 206598 165.9212/11/2023
0095565 SWINERTON BUILDERS 206599 30,866.0012/11/2023 0110892 TEAMCIVX, LLC 206600 6,500.0012/11/2023
0015691 TEAMSTERS LOCAL 856 206601 13,321.0012/11/2023 0108402 THE HOME DEPOT PRO 206603 3,617.0712/11/2023
0103559 THE MLB NETWORK, LLC 206604 929.6712/11/2023
0111201 THE PICS STOP 206481 740.8712/7/2023
0097449 TK ELEVATOR CORPORATION 206605 1,018.0012/11/2023 0110944 TRAVIS M. KARLEN 206554 2,000.0012/11/2023
0106660 TRIDENT K9 CONSULTING INC. 206606 450.0012/11/2023 0111208 TRUC ANH NGUYEN 206571 51.6812/11/2023
0017133 TURBO DATA SYSTEMS INC 206607 3,863.3912/11/2023 0001362 TV GUIDE MAGAZINE, LLC 206608 50.4412/11/2023 0018618 UNITED SITE SERVICES INC. 206609 325.9312/11/2023 0102744 UNIVERSAL BUILDING SERVICES 206610 8,303.6012/11/2023 0105133 UTILITY TELECOM, INC. 206611 201.6912/11/2023 0095749 VERIZON WIRELESS 206612 3,410.2412/11/2023
0111207 VLADYSLAV ILCHENKO 206545 8.2212/11/2023
0109658 WATER ONE INDUSTRIES, INC. 206613 675.0012/11/2023 0110533 WELLABLE LLC 206614 903.0012/11/2023
0105955 WEST COAST CODE CONSULTANTS, INC. 206515 8,235.7512/11/2023 0104660 WEST YOST ASSOCIATES, INC. 206615 8,511.2512/11/2023 0096893 WILSEY HAM 206616 19,760.5012/11/2023
0109476 WORLDPAC INC 206617 31.0112/11/2023
0110037 ZAYO GROUP, LLC 206618 2,169.9212/11/2023
Total count: 138
GrandTotal: 1,337,029.34
Page: 3
DocuSign Envelope ID: 9941789F-5FE6-474A-B4DE-AE4C0B72CFCD

15 of 139

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: December 21, 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 4 inclusive, and/or claims numbered from 206619 through 206816 inclusive, totaling $2,606,628.64 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 $540,605.34
006 American Rescue Plan Act $8,739.05
111 Police Asset Forfeiture $1,150.00
121 Federal/State Grants $1,354.64
132 Agency on Aging $9,093.28
133 Restricted Revenues $340.00
137 Developer Project Contributions $95,410.46
201 Parks and Facilities Capital $188,728.86
203 Street Improvement Projects $51,634.96
207 Technology Capital $4,800.00
611 Water Fund $176,730.92
621 Stormwater Fund $97,561.39
631 Wastewater Fund $1,305,626.57
641 CityNet Services Fund $31,441.22
701 Central Garage $22,004.39
702 Facility Maintenance Fund $25,473.54
703 General Equipment Revolving $3,629.58
707 Technology Development $21,375.60
711 Self-Insurance $20,928.84
TOTAL FOR APPROVAL $2,606,628.64

Respectfully submitted,

_________________________
Chief Financial Officer Date
DocuSign Envelope ID: 05DDC1DA-AE18-4574-BBEB-E73E5E403D95 12/22/2023

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12/21/2023 12:10:58PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0102485 AARON WONG 206810 1,475.0512/21/2023
0096852 ABAG PLAN CORPORATION 206620 20,928.8412/21/2023 0104680 ACCESS 24 COMMUNICATIONS INC. 206621 420.1512/21/2023 0016499 ACTION SPORTS 206622 1,687.6612/21/2023
0000858 ADECCO EMPLOYMENT SERVICES 206623 4,816.5212/21/2023 0111227 ADITYA KAMMARDI SATHYANARAYAN 206771 7.6012/21/2023 0000163 AIRPORT AUTO PARTS INC. 206624 722.2512/21/2023 0110783 ALEX MCINTYRE 206733 105.2212/21/2023
0018976 ALPHA ANALYTICAL LAB. INC. 206625 6,238.0012/21/2023 0110697 AMAZON CAPITAL SERVICES 206626 522.7812/21/2023 0111211 AMERICAN TOWER 206627 186.0012/21/2023
0096700 ANDY'S WHEELS & TIRES 206628 185.2612/21/2023 0016123 AT&T 206629 1,948.6812/21/2023
0017191 AT&T 206630 338.5912/21/2023
0015110 AT&T MOBILITY 206631 306.6312/21/2023
0018465 AT&T MOBILITY 206632 1,347.8612/21/2023
0105649 ATLAS PLUMBING AND ROOTER,INC. 206633 2,500.0012/21/2023 0017289 AVENU MUNISERVICES, LLC 206634 1,540.0012/21/2023 0000345 BAKER & TAYLOR BOOKS 206635 9,459.9912/21/2023 0110591 BAVCO 206636 670.0612/21/2023
0100526 BAY ALARM COMPANY 206637 598.8612/21/2023
0017431 BAY AREA AIR QUALITY MANAGEMENT DISTRICT 206757 1,086.0012/21/2023 0102745 BAY AREA NEWS GROUP 206638 1,354.6412/21/2023 0001849 BAY AREA WATER SUPPLY & CONSERVATION AGENCY 206787 42,443.7512/21/2023 0108691 BEAR CLOUD TECHNOLOGIES, INC. 206639 1,606.2712/21/2023 0018688 BEST BEST & KRIEGER LLP 206640 1,762.5012/21/2023 0109975 BIG BELLY SOLAR, LLC 206641 747.1812/21/2023
0109646 BIO CAR CARE 206642 1,200.0012/21/2023
0109661 BIRITE FOODSERVICE DISTRIBUTORS 206692 2,527.4112/21/2023 0111228 BRANDON GONG 206702 25.3212/21/2023
0000378 BROADMOOR LANDSCAPE SUPPLY 206644 1,415.2112/21/2023 0108665 BUBBA'S FIRE EXTINGUISHER CO. 206645 590.0012/21/2023 0102737 BURKE, WILLIAMS & SORENSEN,LLP 206646 639.6012/21/2023 0108182 C2R ENGINEERING, INC. 206647 78,300.0012/21/2023 0014739 CAL-STEAM 206651 203.0312/21/2023
0107369 CALIFORNIA BANK OF COMMERCE 206648 61,332.3012/21/2023 0102989 CALIFORNIA DIESEL & POWER 206649 12,132.6912/21/2023 0106437 CALIX, INC. 206650 1,392.9612/21/2023
0018048 CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. 206722 10,802.0412/21/2023 0106548 CAPITAL ONE TRADE CREDIT 206652 479.6612/21/2023 0017206 CENTRAL CONCRETE SUPPLY CO.INC 206653 544.2112/21/2023 0017284 CHEMSEARCHFE 206655 1,325.5312/21/2023
0016324 CINTAS CORPORATION #464 206656 1,234.4312/21/2023 0098588 CITY OF BURLINGAME 206657 5,606.3812/21/2023
0098588 CITY OF BURLINGAME 206658 3,280.5012/21/2023
0000508 CLEARLITE TROPHIES 206659 54.9412/21/2023
0098832 COLMA FIREMEN'S SOCIAL CLUB 206661 240.0012/21/2023 0109998 CONSOR PMCM, INC. 206662 136,020.4612/21/2023 0109788 CORE & MAIN LP 206664 2,180.9212/21/2023
0106239 CORPORATE WAREHOUSE SUPPLY 206665 519.8512/21/2023 0015857 COUNTY OF SAN MATEO 206667 82.2512/21/2023
0017926 COUNTY OF SAN MATEO 206668 291,722.0012/21/2023 0091607 COUNTY OF SAN MATEO 206669 240.0012/21/2023
Page: 1
DocuSign Envelope ID: 05DDC1DA-AE18-4574-BBEB-E73E5E403D95

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12/21/2023 12:10:58PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0111120 COZ GIANNOULIS 206700 1,000.0012/21/2023
0013968 CPOA 206671 1,150.0012/21/2023
0097934 CWEA-TCP 206672 240.0012/21/2023
0111222 DANIEL TREIMAN 206799 34.7512/21/2023
0111215 DAVID BORG 206643 56.6112/21/2023
0108696 DAVID J POWERS AND ASSOCIATES, INC. 206754 53.7512/21/2023 0111214 DAVID MARON 206731 64.0712/21/2023
0096663 DAVID TUFO 206800 63.7212/21/2023
0093479 DEPARTMENT OF JUSTICE 206673 503.0012/21/2023 0101178 DISCOUNT PLUMBING 206674 8,500.0012/21/2023
0096829 DKF SOLUTIONS GROUP, LLC 206675 16,049.0512/21/2023 0000430 DKS ASSOCIATES 206676 4,486.5912/21/2023
0111175 DRAPERY WORKS 206678 17,038.3012/21/2023
0103682 EAST BAY MUNI UTILITY DISTRICT 206679 2,528.0012/21/2023 0105820 EAST BAY TIRE CO 206680 67.0412/21/2023
0111220 EDMUND FERNANDEZ 206688 12.7112/21/2023
0110713 EKI ENVIRONMENT&WATER, INC. 206681 7,056.4012/21/2023 0111216 ELIZABETH HOM 206710 112.8312/21/2023
0111224 ERICK OSTORGA 206746 23.8512/21/2023
0013683 F. FERRANDO & CO. 206684 1,800.0012/21/2023
0102627 FASTRK VIOLATION PROCESSING DEPT. 206806 42.2512/21/2023 0000944 FEDEX 206685 33.1312/21/2023
0111111 FERGUSON WATERWORKS #1423 206687 1,622.1612/21/2023 0109510 FIRST ALARM 206690 240.7812/21/2023
0001782 FLOWERS ELECTRIC & SVC.CO.INC. 206691 11,031.5612/21/2023 0109776 FRESH LINE PRODUCE 206695 882.6012/21/2023
0108472 FREYER & LAURETA, INC. 206696 2,317.5012/21/2023 0018784 FRIEDLAND PAINTING 206697 2,150.0012/21/2023
0108388 FUN EXPRESS LLC 206698 185.6312/21/2023
0016363 GCS ENVIRONMENTAL & EQUIPMENT SVC. 206683 161.1112/21/2023 0111225 GESSER DOS SANTOS 206677 69.5012/21/2023
0104135 GLOBAL TRACKING COMMUNICATIONS, INC. 206796 404.9312/21/2023 0108415 GOLDEN BAY CONSTRUCTION, INC. 206701 29,167.8212/21/2023 0000162 GRAINGER 206703 887.6312/21/2023
0106330 GRANICUS, INC. 206704 17,046.5412/21/2023
0000541 GRANITE ROCK COMPANY 206705 2,346.4512/21/2023 0105687 GRAPHICS ON THE EDGE 206706 1,129.5812/21/2023 0095966 GREAT AMERICA FINANCIAL SVC. 206707 2,203.9812/21/2023 0105210 GYM PRECISION, INC. 206708 295.0012/21/2023
0095792 HARRISON & BONINI 206709 1,511.5412/21/2023
0109502 HAULAWAY STORAGE CONTAINERS, INC. 206784 255.3612/21/2023 0111219 HUNG TRAN 206797 13.0012/21/2023
0096344 HUNT & SONS, INC. 206711 4,919.0912/21/2023
0015531 INTERSTATE BATTERY SYS. OF SF 206712 351.0612/21/2023 0016941 INTERSTATE GRADING&PAVING,INC. 206713 13,713.2512/21/2023 0111231 JAMES SURUKI 206788 74.0012/21/2023
0110359 JANE E. LIGHT 206714 2,925.0012/21/2023
0104784 JD CESARE CONSTRUCTION 206715 2,000.0012/21/2023 0111202 JEAN FREEMAN 206694 126.9012/21/2023
0108549 JEANETTE M FEINBERG 206686 140.4012/21/2023
0111153 JERI EILEEN MCGOVERN 206732 45.9012/21/2023
0017166 JL WINGERT COMPANY, A DXP CO. 206716 625.8012/21/2023 0103342 JMB CONSTRUCTION, INC. 206717 1,165,313.7812/21/2023 0097746 JOE VALIENTE 206804 1,960.0312/21/2023
Page: 2
DocuSign Envelope ID: 05DDC1DA-AE18-4574-BBEB-E73E5E403D95

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12/21/2023 12:10:58PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0000075 K-119 TOOLS OF CALIFORNIA INC. 206718 607.7012/21/2023 0096379 KAREN OJAKIAN 206744 101.7012/21/2023
0017661 KATHY M SCHMIDT 206772 1,553.4012/21/2023
0000132 KELLY-MOORE PAINT CO INC. 206720 495.3312/21/2023 0111223 KENIA MARIA ALVAREZ ROJAS 206765 13.3512/21/2023 0109423 KIRK WALLER 206807 403.0012/21/2023
0110994 KRUEGER INTERNATIONAL, INC. 206721 17,447.5112/21/2023 0103799 LDVALI LLC 206724 223.2012/21/2023
0110878 LEFEVRE WELDING, INC. 206726 3,710.0012/21/2023 0111200 LINDA LARSON 206723 3,000.0012/21/2023
0017924 LORAL LANDSCAPING INC. 206727 2,100.0012/21/2023 0018177 LOWE'S 206728 1,437.9912/21/2023
0017026 LYNX TECHNOLOGIES, INC. 206729 16,500.0012/21/2023 0109097 M-GROUP 206735 8,112.5012/21/2023
0110362 MATT LEE 206725 276.5012/21/2023
0111226 MATTHEW ROBERTS 206764 6.7912/21/2023
0016041 METROMOBILE COMMUNICATIONS 206734 2,156.6212/21/2023 0110510 METROPOLITAN TRANSPORTATION COMMISSION 206798 6,250.0012/21/2023 0092285 MICROMARKETING LLC 206736 120.1012/21/2023
0016863 MIDWEST TAPE, LLC 206737 92.9512/21/2023
0001709 MILLBRAE LOCK 206738 337.6612/21/2023
0110247 MUSIC CITY ARTIST DEVELOPMENT 206740 1,200.0012/21/2023 0111218 NANCY/EDDIE RAMIREZ 206759 35.6012/21/2023
0101036 NICKY PHO 206750 12.8712/21/2023
0000522 NORTH COAST COUNTY WATER DISTRICT(NCCWD) 206670 32,253.1112/21/2023 0097567 ONE HOUR DRY CLEANING 206745 2,171.6512/21/2023 0000012 PACIFIC GAS & ELECTRIC 206747 23,054.7812/21/2023 0090378 PACIFIC GAS & ELECTRIC CO. 206619 44,353.8712/15/2023 0001154 PENINSULA LIBRARY SYSTEM 206749 8.9512/21/2023 0015163 PENINSULA SPORTS OFFICIALS ASSOC.INC. 206782 1,280.5012/21/2023 0111122 PENTECOSTALS OF SAN FRANCISCO INC. 206742 328.0012/21/2023 0108589 PERFORMANCE FOODSERVICE-LEDYARD 206693 4,703.8712/21/2023 0111229 PINPOINT TALENT, LLC 206751 4,800.0012/21/2023 0000294 PITNEY BOWES 206752 330.0812/21/2023
0108277 PIVOT GROUP LLC 206753 13,464.0012/21/2023
0000285 PREFERRED ALLIANCE, INC. 206755 443.0012/21/2023 0097558 PURCHASE POWER 206756 227.7512/21/2023
0013981 QUILL CORPORATION 206758 267.5612/21/2023
0107432 RED WING BRANDS OF AMERICA,INC 206760 265.7512/21/2023 0111217 REGINA WORTHY 206814 85.8012/21/2023
0110332 RICHARDS,WATSON& GERSHON A PROFESSIONAL CORP. 206699 18,126.1112/21/2023 0110390 ROBERT CHAPMAN 206654 2,165.7212/21/2023
0106293 ROBERT HALF 206763 10,393.6012/21/2023
0111213 ROBERT MORINI 206739 64.4012/21/2023
0109297 RORO'S AUTO REPAIR INC. 206766 3,200.0012/21/2023 0108539 ROSALIE L. STEINWAY 206783 225.0012/21/2023
0109664 ROSS RECREATION EQUIPMENT, INC 206767 1,156.2012/21/2023 0017807 SAN MATEO COUNTY CONTROLLER'S OFFICE 206666 19,350.0012/21/2023 0099047 SAN MATEO CTY SHERIFF'S OFFICE 206768 2,200.0012/21/2023 0018597 SAN MATEO DAILY JOURNAL 206769 1,656.0012/21/2023 0017145 SAN MATEO LAWN MOWER SHOP 206770 131.9112/21/2023 0108537 SCOTT TONG 206795 38.7012/21/2023
0098129 SCOTT ZAYAC 206815 500.0012/21/2023
0018461 SERRAMONTE FORD, INC. 206773 13,095.7812/21/2023 Page: 3
DocuSign Envelope ID: 05DDC1DA-AE18-4574-BBEB-E73E5E403D95

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12/21/2023 12:10:58PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 4
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0097626 SHARP ELECTRONICS CORP. 206774 1,924.1212/21/2023 0018962 SHOE DEPOT INC. 206775 2,056.3712/21/2023
0018214 SIGILLO SUPPLY INC. 206776 950.2012/21/2023
0104787 SINGER ASSOCIATES, INC. 206777 44,487.3612/21/2023 0108823 SIOPE FILIMOEHALA 206689 6,500.0012/21/2023
0105916 SMITH'S PEST MANAGEMENT 206778 779.2012/21/2023 0110326 SNG & ASSOCIATES, INC. 206779 7,391.5012/21/2023 0111184 SOLINST CANADA LTD. 206780 3,603.0212/21/2023 0000102 SONITROL/PACIFIC WEST SECURITY, INC. 206808 257.0012/21/2023 0017508 SOUTH CITY LUMBER AND SUPPLY 206781 278.1512/21/2023 0018028 STATE WATER RESOURCES CONTROL BOARD(SWRCB) 206762 21,412.0012/21/2023 0105796 SUNRISE FOOD DISTRIBUTOR INC. 206785 979.4012/21/2023 0109513 SUNSET PUBLISHING CORPORATION 206786 29.9512/21/2023 0095565 SWINERTON BUILDERS 206789 45,953.0012/21/2023 0111221 TAKUFUMI KAWANE 206719 6.3212/21/2023
0110559 TAUOU MANAMEA 206730 60.0012/21/2023
0015671 TECHNOLOGY, ENGINEERING & CONSTRUCTION, INC. 206663 2,925.0012/21/2023 0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 206682 3,514.1712/21/2023 0000241 THE ADAM-HILL COMPANY 206790 483.1812/21/2023 0108402 THE HOME DEPOT PRO 206791 2,347.4612/21/2023
0108402 THE HOME DEPOT PRO 206792 82.3512/21/2023
0018275 THE REGENTS OF THE UNIVERSITY OF CA 206743 477.4012/21/2023 0018898 TJKM TRANSPORTATION CONSULTANT 206793 740.0012/21/2023 0000921 TMT ENTERPRISES INC 206794 6,171.9912/21/2023 0110140 TRUE NORTH COMPLIANCE SERVICES, INC 206741 2,438.8012/21/2023 0109746 TWINING, INC. 206801 8,331.9612/21/2023
0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 206761 4,879.9712/21/2023 0102744 UNIVERSAL BUILDING SERVICES 206802 10,916.7812/21/2023 0098625 UPS 206803 409.4412/21/2023
0111198 VILLA HOMES 206805 500.0012/21/2023
0105955 WEST COAST CODE CONSULTANTS, INC. 206660 65,230.6112/21/2023 0104660 WEST YOST ASSOCIATES, INC. 206809 31,876.4212/21/2023 0108261 WOODARD & CURRAN 206811 4,570.0012/21/2023
0093430 WORLD BOOK INC 206812 1,251.5312/21/2023
0109476 WORLDPAC INC 206813 282.1712/21/2023
0111197 ZENG PANG 206748 500.0012/21/2023
0109122 ZERO TURN POWER WASHING 206816 9,363.0012/21/2023 Total count: 198
GrandTotal: 2,606,628.64
Page: 4
DocuSign Envelope ID: 05DDC1DA-AE18-4574-BBEB-E73E5E403D95

20 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: Anh Tran, Management Analyst II

SUBJECT: Payroll Acceptance

City Council acceptance of the City payroll distributed December 8, 2023 is recommended. The Labor Summary report reflecting the total payroll amount of $2,132,380.67 for bi-weekly pay period ending December 3, 2023, by fund is shown below:

Fund Amount

Fund: 001 - GENERAL FUND 1,559,548.73
Fund: 006 - AMERICAN RESCUE PLAN ACT 50,487.07
Fund: 121 - FEDERAL/STATE GRANTS 5,452.60
Fund: 122 - SOLID WASTE/RECYCLE 3,364.62
Fund: 132 - AGENCY ON AGING 1,344.02
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 4,496.33
Fund: 201 - PARKS AND FACILITIES CAPITAL 201.90
Fund: 203 - STREET IMPROVE. PROJECTS 16,292.10
Fund: 611 - WATER FUND 133,531.13
Fund: 621 - STORMWATER FUND 20,505.21
Fund: 631 - WASTEWATER FUND 111,320.22
Fund: 641 - CITYNET SERVICES FUND 120,456.45
Fund: 701 - CENTRAL GARAGE 18,318.12
Fund: 702 - FACILITY MAINT.FUND 52,093.49
Fund: 707 - TECHNOLOGY DEVELOPMENT 27,172.30
Fund: 711 - SELF INSURANCE 7,796.38
Total: 2,132,380.67

_________________________________
Nick Pegueros, CFO Date DocuSign Envelope ID: A36B071B-23BB-401F-8CF6-A332D3BAA758 12/14/2023

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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: Trisha Ortiz, City Attorney
SUBJECT: Consider Adoption 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 basis. The City Council has already adopted amendments to Titles 1 through 7 and 10. This report addresses recommended amendments to Title 8, Streets, Sidewalks, and Rights-of-Way. At its meeting on December 12, 2023, the City Council voted unanimously to introduce, read by title only and waive further reading of the ordinance providing the recommended changes to Title 8.

DISCUSSION:

The purpose of this item is to consider adoption of the ordinance, which provides the following amendments to Title 8, Streets, Sidewalks, and Rights-of-Way, with no changes since introduction:

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.
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0 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.

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

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0 notice that the Director of Public Works provides the property owner immediately upon completion of the work.

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.

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0 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 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.

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0 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.

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.

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0 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 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.

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0 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.

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 adoption 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

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0 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.

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 ORDINANCE NO. ____

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
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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 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

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9 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)

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

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9 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 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

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9 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 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

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9 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.

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)

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9 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)

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:

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9 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 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.

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9 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.

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)

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9 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 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;

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9 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 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

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9 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)

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;

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9 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 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.

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9 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 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)

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9 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)

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)

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9 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.

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;

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9 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:

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.

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9 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.

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.

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9 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.

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

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9 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;
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

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9 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 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

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9 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.

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

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9 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)

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

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9 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)

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.

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9 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)

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

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9 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)

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.

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9 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 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.

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,

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9 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.

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.

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9 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

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

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9 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 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;

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9 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 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

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9 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 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

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9 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
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

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9 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 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

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9 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 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

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9 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.

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.

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9 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.

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:

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9 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)

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;

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9 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 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

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9 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 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.

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9 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 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

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9 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;

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

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9 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 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,

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9 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:

_______________________________
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 December 12, 2023, and 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

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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: Nick Pegueros, Chief Financial Officer
John Mercado, Accountant
SUBJECT: Consider Adoption of a Resolution Accepting Annual Report of Development Impact Fees and Charges for the Fiscal Year Ended June 30, 2023
BACKGROUND:

Cities and counties often charge fees on new development to fund public improvements to mitigate the impact of development activity. These fees are commonly known as development impact fees. In 1989, the State Legislature passed AB1600, which added Sections 66000 et seq. to the California Government Code, commonly known as the Mitigation Fee Act.

As required by law, these fees are segregated from the general fund and accounted for in special revenue funds. Government Code Section 66001 requires that the City make available to the public information regarding development impact fees for each fund within 180 days after the end of each fiscal year including the following:

1. A brief description of the fee and the fund into which the fee was deposited;

2. The amount of the fee;

3. The associated fund’s beginning and ending balances for the fiscal year;

4. The total amount of fees collected and interest earned;

5. Identification of each public improvement on which fees were expended and the amount of the expenditure on each improvement;

6. Identification of an approximate date by which the construction of a public improvement will commence, if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement;

7. Description of each interfund transfer or loan made from the account or fund, including the public improvement on which the loaned funds will be expended, and in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan; and

8. Amount of any refunds made due to inability to expend fees within the required time frame.

Further, the Government Code also requires that findings describing the continuing need for impact fees be made every five years specifying the intended use of any unexpended impact fees, regardless of whether the fees are committed or uncommitted. Failure to make such findings subjects the City to go through a refunding procedure. Therefore, this report meets the requirements to comply with the Mitigation Fee Act.
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Item 6f
Honorable Mayor and Members of the City Council
January 9, 2024

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7 1
8 DISCUSSION:

The City levies seven impact fees and two impact charges (DIF) subject to California Government Code §§ 66000-66025 (Mitigation Fee Act or AB1600). Impact fees are levied to mitigate cost impacts that development projects have on existing City facilities and infrastructure. By levying an impact fee or charge, the City intends to collect sufficient fees over time so that the infrastructure impacted may be expanded or enhanced to accommodate the development. Capacity charges are imposed to pay for facilities in existence, at the time the charge is imposed, or charges for new facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged.

City staff recommends the City Council review the annual report, Exhibit 1 to the Resolution (Attachment A), on the status of the nine impact fees and charges subject to AB1600 annual reporting requirements summarized in Table 1. The annual report provides all the information required under the Government Code.

City staff also recommends that the City Council adopt a resolution finding that:

1. The City’s development impact fees listed in Table 1 are collected to mitigate direct and indirect impacts from development;

2. These fees are expended in a timely manner to fund continued improvements to public facilities related to the increased demand of the facilities resulting from development;

3. There is a reasonable relationship between these impact fees and their purpose; and

4. These impact fees continue to be required to fund applicable improvements, and as such, these fees will continue to be collected and deposited into the appropriate funds for utilization solely for their intended purpose.

Table 1. 2022-23 Impact Fee and Capacity Charges Summary

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Honorable Mayor and Members of the City Council
January 9, 2024

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8 Development Impact Fees from the Google/YouTube Development Agreement The City received development impact fees totaling $33 million in 2022-23 across the City’s impact fee funds. Given their collection in 2022-23, the City did not have an expenditure plan for most funds, the sole exception being a $2.1 million allocation to parks capital from the community facilities development impact fee, including $2.0 million for the Florida Avenue Park Capital Improvement Program Project. City staff anticipates building a multi-year capital improvement program to satisfy requirements of the Act as part of the 2024-25 budget process.

Wastewater/ Sewer Capacity Charges
Capacity charges are imposed to pay for facilities in existence at the time the charge is imposed, or charges for new facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged. The City’s capacity charge studies have identified that approximately ten percent (10%) of a wastewater capital improvement program project is attributable to future capacity demands. The negative capacity charge balance is representative of investment in wastewater capital and capacity that will benefit future development. The deficit will decrease as the capacity is required for future development.

Public Review and Notice of City Council Consideration
The Government Code requires that the Annual Report be available for public review by 180 days following the end of the fiscal year. City staff posted the report to the website, Exhibit A of Attachment 1, on December 13, 2023. In addition, three parties have requested a 15-day notice of City Council consideration of development fees, which staff has also applied to the Annual Report. City staff mailed notice of the City Council’s consideration of the report and a copy of the Annual Report to the requesting parties on December 14, 2023.

FISCAL IMPACT:

This report fulfills the City’s reporting requirement and has no fiscal impact ENVIRONMENTAL IMPACT:

This report does not include approval of any activity that has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and is excluded from the definition of a “project” under Section 15378 of the State CEQA Guidelines.

RECOMMENDATION:

Adopt a Resolution Accepting Annual Report of Development Impact Fees and Charges for the Fiscal Year Ending June 30, 2023.

ALTERNATIVES:

City Council is not required to take action on the Resolution, however, such an action may increase the City’s exposure to claims for reimbursement of impact fees and capacity charges already collected.

ATTACHMENTS:

1. Resolution with Exhibit A

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RESOLUTION NO. 2024-_____

RESOLUTION ACCEPTING ANNUAL REPORT ON DEVELOPMENT IMPACT FEES AND CAPACITY CHARGES FOR FISCAL YEAR ENDED JUNE 30, 2023
WHEREAS, pursuant to Section 66000 et seq. of the Government Code, the City is required to prepare and present an annual development impact fees report for all impact fees and charges as defined by the Government Code; and
WHEREAS, the City collects water and wastewater/sewer capacity charges to pay for facilities in existence at the time the charge is imposed or charges for new facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged; and
WHEREAS, the City collects seven (7) development impact fees to fund: community facilities, public safety facilities, general government facilities, transportation facilities, utility facilities, affordable housing, and Bayhill Specific Plan Area to fully or partially offset the costs of public facilities that are needed to serve demand created new development; and WHEREAS, the City collects capacity charges for its water and wastewater facilities; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Bruno:
- Receives and accepts the Annual Report on Development Impact Fees and capacity charges for the Year Ended June 30, 2023, attached as Exhibit A; and - Certifies that the impact fees are collected to mitigate direct and indirect impacts from development; and
- Certifies that impact fees are expended in a timely manner to fund continued improvements to public facilities related to the increased demand on the facilities resulting from development; and
- Certifies that the City’s impact fees and charges continue to be required to fund applicable improvements, and as such, these fees will continue to be collected and deposited into the appropriate funds for utilization solely for their intended purpose. —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
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ATTACHMENT 1
Posted for Public Review: December 13, 2023
www.sanbruno.ca.gov
Submitted for City Council Acceptance: January 9, 2024
Prepared by: John Mercado, Accountant
Approved by: Nick Pegueros, Chief Financial Officer
City of San Bruno
Annual Report on Impact Fees and Capacity Charges
Fiscal Year Ended June 30, 2023
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ATTACHMENT 2
City of San Bruno
AB1600 Development Impact Fee Annual Report
Updated for Fiscal Year Ended June 30, 2023
Development Impact Fee
Beginning
Balance,
July 1, 2022 Revenue

Expenditure
Increase/
(Decrease) in
Available
Balance
Ending
Available
Balance,
June 30,
2023
Community Facilities 102,416$ 8,891,497$ 2,120,316$ 6,771,182$ 6,873,597$ Public Safety Facilities 7,955 625,573 - 625,573 633,528 General Government Facilities 10,764 956,867 - 956,867 967,631 Transportation Facilities 19,566 5,664,924 - 5,664,924 5,684,491 Utility Facilities 14,739 1,662,238 - 1,662,238 1,676,977 Affordable Housing - 9,807,610 - 9,807,610 9,807,610 Bayhill Specific Plan Area - 4,335,605 - 4,335,605 4,335,605 Water Capacity 68,994 697,215 448,130 249,085 318,079 Wastewater Capacity (2,739,498) 701,830 434,950 266,880 (2,472,618) Total (2,515,064)$ 33,343,360$ 3,003,396$ 30,339,964$ 27,824,900$ 2022-23

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City of San Bruno
Community Facilities Development Impact Fee Annual Report Updated for Fiscal Year Ended June 30, 2023
Description & Fee
Land Use
Residential
Single Family (per unit) 20,487.78$
Multi Family (per unit) 19,233.38$
Non-Residential
Office (per sq. ft.) 11.47$
Industrial (per sq.ft.) 4.56$
Retail (per sq. ft) 7.39$
Hotel (per room) 1,877.22$
5-year Revenues & Expenditures
2018-19 2019-20 2020-21 2021-22 2022-23
Beginning Available Balance, July 1st $ - $ 21,893 $ 73,728 $ 78,508 $ 102,416 Revenues
Development Impact Fee 21,717 50,673 4,301 23,307 8,820,830 Interest Allocation 176 1,162 479 601 70,667 Total revenues 21,893 51,835 4,780 23,908 8,891,497 Expenditures
Florida Park - - - - 2,000,000 Centennial Plaza - - - - 42,765 Crestmoor Multi-Use Fields Facility
Project
- - - - 77,551 Total Expenditures - - - - 2,120,316 Increase/ (Decrease) Available Funds 21,893 51,835 4,780 23,908 6,771,182 Ending Available Balance, June 30th 21,893$ 73,728$ 78,508$ 102,416$ 6,873,597$ Five-Year Disclosure
The community facilities development impact fee is collected from development and redevelopment projects to fully or partially offset the costs of public facilities that are needed to serve demand created by that development project. Chapter 12.260 to Title 12 (Zoning) of the San Bruno Municipal Code established the community facilities development impact fee effective May 1, 2019.

Fiscal Year
For the fifth fiscal year following the first deposit into the accounts or funds established pursuant to Section 12.260.080 of the ordinance, and every five years thereafter, the City Council shall, in connection with its review conducted, make each of the findings required by Section 66001(d) of the California Government Code including purpose of the fee, reasonable relationship between the fee and purpose, sources and amounts of funds, and approximate dates when funding is expected to be deposited into appropriate accounts or funds.

Community Facilities Development Impact Fee
2022-23 - The beginning balance of $102,416 was exhausted in the fiscal year with the projects outlined above. The City will develop a five-year spending plan beginning fiscal year 2024-25 for the June 30, 2023 ending available balance of $6.87 million.

There were no interfund loans or refunds recorded in fiscal year 2022-23.

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City of San Bruno
Public Safety Facilities Development Impact Fee Annual Report Updated for Fiscal Year Ended June 30, 2023
Description & Fee
Land Use
Residential
Single Family (per unit) 1,521.33$
Multi Family (per unit) 1,520.07$
Non-Residential
Office (per sq. ft.) 0.76$
Industrial (per sq.ft.) 0.30$
Retail (per sq. ft) 0.81$
Hotel (per room) 126.57$
5-year Revenues & Expenditures
2018-19 2019-20 2020-21 2021-22 2022-23
Beginning Available Balance, July 1st $ - $ 1,729 $ 5,825 $ 6,180 $ 7,955 Revenues
Development Impact Fee 1,716 4,004 319 1,731 618,584 Interest Allocation 13 92 36 45 6,989 Total revenues 1,729 4,096 355 1,775 625,573 Expenditures
Impact Fee Expenditures - - - - - Total Expenditures - - - - - Increase/ (Decrease) Available Funds 1,729 4,096 355 1,775 625,573 Ending Available Balance, June 30th 1,729$ 5,825$ 6,180$ 7,955$ 633,528$ Five-Year Disclosure
The public safety facilities development impact fee is collected from development and redevelopment projects to fully or partially offset the costs of public facilities that are needed to serve demand created by that development project. Chapter 12.260 to Title 12 (Zoning) of the San Bruno Municipal Code established the public safety facilities development impact fee effective May 1, 2019.

Public Safety Facilities Development Impact Fee
2022-23 - The beginning balance of $7,955 was insufficient to fund an improvement applicable to this DIF. The City will develop a five-year spending plan beginning fiscal year 2024-25. There were no interfund loans or refunds recorded in fiscal year 2022-23.

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City of San Bruno
General Government Facilities Development Impact Fee Annual Report Updated for Fiscal Year Ended June 30, 2023
Description & Fee
Land Use
Residential
Single Family (per unit) 2,152.91$
Multi Family (per unit) 2,020.08$
Non-Residential
Office (per sq. ft.) 1.24$
Industrial (per sq.ft.) 0.49$
Retail (per sq. ft) 0.80$
Hotel (per room) 201.76$
5-year Revenues & Expenditures
2018-19 2019-20 2020-21 2021-22 2022-23
Beginning Available Balance, July 1st $ - $ 2,301 $ 7,750 $ 8,252 $ 10,764 Revenues
Development Impact Fee 2,283 5,327 452 2,449 946,310 Interest Allocation 18 122 50 63 10,557 Total revenues 2,301 5,449 502 2,512 956,867 Expenditures
Impact Fee Expenditures - - - - - Total Expenditures - - - - - Increase/ (Decrease) Available Funds 2,301 5,449 502 2,512 956,867 Ending Available Balance, June 30th 2,301$ 7,750$ 8,252$ 10,764$ 967,631$ Five-Year Disclosure
The general government facilities development impact fee is collected from development and redevelopment projects to fully or partially offset the costs of public facilities that are needed to serve demand created by that development project. Chapter 12.260 to Title 12 (Zoning) of the San Bruno Municipal Code established the general government facilities development impact fee effective May 1, 2019.

General Government Facilities Development Impact Fee
Fiscal Year
For the fifth fiscal year following the first deposit into the accounts or funds established pursuant to Section 12.260.080 of the ordinance, and every five years thereafter, the City Council shall, in connection with its review conducted, make each of the findings required by Section 66001(d) of the California Government Code including purpose of the fee, reasonable relationship between the fee and purpose, sources and amounts of funds, and approximate dates when funding is expected to be deposited into appropriate accounts or funds.
2022-23 - The beginning balance of $10,764 was insufficient to fund an improvement applicable to this DIF. The City will develop a five-year spending plan beginning fiscal year 2024-25. There were no interfund loans or refunds recorded in fiscal year 2022-23.

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City of San Bruno
Transportation Facilities Development Impact Fee Annual Report Updated for Fiscal Year Ended June 30, 2023
Description & Fee
Land Use
Residential
Single Family (per unit) 4,481.27$
Multi Family (per unit) 3,467.47$
Non-Residential
Office (per sq. ft.) 9.24$
Industrial (per sq.ft.) 3.70$
Retail (per sq. ft) 11.89$
Hotel (per room) 2,028.85$
5-year Revenues & Expenditures
2018-19 2019-20 2020-21 2021-22 2022-23
Beginning Available Balance, July 1st $ - $ 3,947 $ 13,291 $ 14,337 $ 19,566 Revenues
Development Impact Fee 3,915 9,135 941 5,098 5,606,081 Interest Allocation 32 209 105 132 58,844 Total revenues 3,947 9,344 1,046 5,229 5,664,924 Expenditures
Impact Fee Expenditures - - - - - Total Expenditures - - - - - Increase/ (Decrease) Available Funds 3,947 9,344 1,046 5,229 5,664,924 Ending Available Balance, June 30th 3,947$ 13,291$ 14,337$ 19,566$ 5,684,491$ Five-Year Disclosure
The transportation facilities development impact fee is collected from development and redevelopment projects to fully or partially offset the costs of public facilities that are needed to serve demand created by that development project. Chapter 12.260 to Title 12 (Zoning) of the San Bruno Municipal Code established the transportation facilities development impact fee effective May 1, 2019.

Transportation Facilities Development Impact Fee
Fiscal Year
For the fifth fiscal year following the first deposit into the accounts or funds established pursuant to Section 12.260.080 of the ordinance, and every five years thereafter, the City Council shall, in connection with its review conducted, make each of the findings required by Section 66001(d) of the California Government Code including purpose of the fee, reasonable relationship between the fee and purpose, sources and amounts of funds, and approximate dates when funding is expected to be deposited into appropriate accounts or funds.
2022-23 - The beginning balance of $19,566 was insufficient to fund an improvement applicable to this DIF. The City will develop a five-year spending plan beginning fiscal year 2024-25. There were no interfund loans or refunds recorded in fiscal year 2022-23.

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City of San Bruno
Utility Facilities Development Impact Fee Annual Report Updated for Fiscal Year Ended June 30, 2023
Description & Fee
Land Use
Residential
Single Family (per unit) 2,947.41$
Multi Family (per unit) 2,766.96$
Non-Residential
Office (per sq. ft.) 2.28$
Industrial (per sq.ft.) 1.43$
Retail (per sq. ft) 14.20$
Hotel (per room) 1,624.08$
5-year Revenues & Expenditures
2018-19 2019-20 2020-21 2021-22 2022-23
Beginning Available Balance, July 1st $ - $ 3,151 $ 10,612 $ 11,300 $ 14,739 Revenues
Development Impact Fee 3,126 7,294 619 3,353 1,644,156 Interest Allocation 25 167 69 86 18,082 Total revenues 3,151 7,461 688 3,439 1,662,238 Expenditures
Impact Fee Expenditures - - - - - Total Expenditures - - - - - Increase/ (Decrease) Available Funds 3,151 7,461 688 3,439 1,662,238 Ending Available Balance, June 30th 3,151$ 10,612$ 11,300$ 14,739$ 1,676,977$ Five-Year Disclosure
The utility facilities development impact fee is collected from development and redevelopment projects to fully or partially offset the costs of public facilities that are needed to serve demand created by that development project. Chapter 12.260 to Title 12 (Zoning) of the San Bruno Municipal Code established the utility facilities development impact fee effective May 1, 2019.

Utility Facilities Development Impact Fee
Fiscal Year
For the fifth fiscal year following the first deposit into the accounts or funds established pursuant to Section 12.260.080 of the ordinance, and every five years thereafter, the City Council shall, in connection with its review conducted, make each of the findings required by Section 66001(d) of the California Government Code including purpose of the fee, reasonable relationship between the fee and purpose, sources and amounts of funds, and approximate dates when funding is expected to be deposited into appropriate accounts or funds.
2022-23 - The beginning balance of $14,739 was insufficient to fund an improvement applicable to this DIF. The City will develop a five-year spending plan beginning fiscal year 2024-25. There were no interfund loans or refunds recorded in fiscal year 2022-23.

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City of San Bruno
Affordable Housing Development Impact Fee Annual Report Updated for Fiscal Year Ended June 30, 2023
Description & Fee
Fees Per Square Foot of Net New Gross Floor Area
Residential $/sq. ft.

Single Family Detached Units $35.10
Apartments and Condominiums $32.50
Non-Residential $/sq. ft.

Office, Medical Office and Research and Devel $16.25
Retails, Restaurants and Services $8.12
Hotel $16.25
5-year Revenues & Expenditures
2018-19 2019-20 2020-21 2021-22 2022-23
Beginning Available Balance, July 1st $ - $ - $ - $ - $ - Revenues
Development Impact Fee - - - - 9,704,825 Interest Allocation - - - - 102,785 Total revenues - - - - 9,807,610 Expenditures
Impact Fee Expenditures - - - - - Total Expenditures - - - - - Increase/ (Decrease) Available Funds - - - - 9,807,610 Ending Available Balance, June 30th -$ -$ -$ -$ 9,807,610$ Five-Year Disclosure
The affordable housing development impact fee is collected from residential and nonresidential development projects help to mitigate the impacts of their projects on the need for affordable housing by contributing to the supply of housing for households with very low, low, and moderate incomes. Chapter 12.230 to Title 12 (Zoning) of the San Bruno Municipal Code established the Affordable Housing Program.

Affordable Housing Development Impact Fee
Fiscal Year
For the fifth fiscal year following the first deposit into the accounts or funds established pursuant to Section 12.260.080 of the ordinance, and every five years thereafter, the City Council shall, in connection with its review conducted, make each of the findings required by Section 66001(d) of the California Government Code including purpose of the fee, reasonable relationship between the fee and purpose, sources and amounts of funds, and approximate dates when funding is expected to be deposited into appropriate accounts or funds.
2022-23 - The beginning balance of $0 was insufficient to fund an improvement applicable to this DIF. The City will develop a five- year spending plan beginning fiscal year 2024-25. There were no interfund loans or refunds recorded in fiscal year 2022-23.

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City of San Bruno
Bayhill Specific Plan Area Development Impact Fee Annual Report Updated for Fiscal Year Ended June 30, 2023
Description & Fee
Land Use
Non-Residential
Office $6.61 per sq.ft.

Retail $34.77 per sq.ft.

Hotel $6,146.87 per hotel
room
Multi Family Residential
Units equal to or less than 407 sq.ft. $3,774.45 per unit Units between 407-2,034 sq.ft. $9.28 per sq. ft.

Units equal to or greater than 2,034 sq.ft. $18,870.11 per unit 5-year Revenues & Expenditures
2018-19 2019-20 2020-21 2021-22 2022-23
Beginning Available Balance, July 1st $ - $ - $ - $ - $ - Revenues
Development Impact Fee - - - - 4,278,488 Interest Allocation - - - - 57,116 Total revenues - - - - 4,335,605 Expenditures
Impact Fee Expenditures - - - - - Total Expenditures - - - - - Increase/ (Decrease) Available Funds - - - - 4,335,605 Ending Available Balance, June 30th -$ -$ -$ -$ 4,335,605$ Five-Year Disclosure
The Bayhill Specific Plan Area Development Impact Fee is collected from development and redevelopment projects in the Specific Plan Area to fully or partially offset the costs of public facilities that are needed to serve demand created by that development project.

Chapter 12.265 to Title 12 (Zoning) of the San Bruno Municipal Code established the Bayhill Specific Plan Area Development Impact Fee.

Bayhill Specific Plan Area Development Impact Fee
Fiscal Year
For the fifth fiscal year following the first deposit into the accounts or funds established pursuant to Section 12.260.080 of the ordinance, and every five years thereafter, the City Council shall, in connection with its review conducted, make each of the findings required by Section 66001(d) of the California Government Code including purpose of the fee, reasonable relationship between the fee and purpose, sources and amounts of funds, and approximate dates when funding is expected to be deposited into appropriate accounts or funds.
2022-23 - The beginning balance of $0 was insufficient to fund an improvement applicable to this DIF. The City will develop a five-year spending plan beginning fiscal year 2024-25. There were no interfund loans or refunds recorded in fiscal year 2022-23.

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City of San Bruno
Water Capacity Charge Annual Report
Updated for Fiscal Year Ended June 30, 2023
Description & Fee
Residential (Capacity charge per residential dwelling unit) Single-Family or Duplex $7,876
Multi-Family (3 or more dwelling units) $5,120
3/4 Inch Meter $7,876
1 Inch Meter $13,115
1 1/2 Inch Meter $26,268
2 Inch Meter $42,022
3 Inch Meter $78,766
4 Inch Meter $131,263
6 Inch Meter $262,567
8 Inch Meter $420,100
5-year Revenues & Expenditures
2018-19 2019-20 2020-21 2021-22 2022-23
Beginning Available Balance, July 1st $ 94 $ 660,612 $ 379,205 $ 94,331 $ 68,994 Revenues
Water Capacity Charges 804,958 31,999 129,609 115,924 675,035 Interest Allocation 38,075 61 1,919 2,104 22,180 Total Revenues 843,033 32,060 131,528 118,028 697,215 Expenditures
Advanced Water Meter (84132) 16 - 62,866 153 7,315 Well No. 15 Replacement (84709) 409 - 2,853 7,786 4,899 Tank No. 1 Improvement and Replacement (85100) 684 5,814 199 233 3,917 Sweeney Ridge Tank Replacement (11022) 2,104 24,675 15,179 16,816 3,090 Princeton Tank Replacement (11023) - - - - 54 Commodore Tank Replacement (11024) - - - - 1,506 Water Main Improvement - Ave No. 1-1 (84153) 1,249 177,741 1,375 - - Water Main Improvement - Ave No. 1-2 (11002) - - 1,563 5 - Lake Drive Pump Station Impr (11003) 498 13,487 8,463 1,448 14,422 Sneath Lane Pump Station (11004) 255 10,677 7,254 4,930 25,521 Whitman Pump Station Generator (11012) 2,844 2,868 6,087 437 335 Princeton Pump Station (11021) 906 1,583 455 365 55 Arbor Court Pressure Regulator Relacemt (11005) 45,298 - - - - Rollingwood Pressure Regulator Rehab (11016) 81 1,102 124 - - Oakmont Pressure Regulator Rehab (11017) 43 404 1,428 47,593 466 Cunningham Pressure Regulator Replacemt (11018) 2 - - - - Glenview Pressure Regulator Replacemt (11019) - 379 - 104 - Water Main Improvement - San Antonio Ave (11006) 94,225 9,013 5 - - Corp Yard Well (17) Rehab (84707) - - 6,411 - 685 Lions Field Well (20) Rehabilitation (11013) 211 11 - - - City Park Well (18) Rehab (11014) 7,587 - - - 11,561 Forest Lane Well Rehab (16) (11015) 1,432 189 25,535 - - S. Westside Basin Groundwater Mgmt Study (84715) 67 - - - - Ave No. 1-3 Water Main Improvement (11007) 10,559 27,816 257,109 47,593 - Ave No. 2-1 Water Main Improvement (11008) 15 7,322 5,783 591 1,263 Ave No. 3-1 Water Main Improvement (11009) 4,634 20,992 4,316 5,916 363,636 Ave No. 3-2 Water Main Improvement (11010) 9,396 9,396 9,396 9,396 9,396 Water Quality Well System Upgrade & Sweeney Rdg Tank (1 - - - - 9 Total Expenditures 182,515 313,467 416,402 143,365 448,130 Increase/ (Decrease) Available Funds 660,518 (281,407) (284,874) (25,337) 249,085 Ending Available Balance, June 30th 660,612$ 379,205$ 94,331$ 68,994$ 318,079$ Charges collected on new connections or water meter size upgrades to offset prior investments by ratepayers in water infrastructure capacity. 10% of actual project expenditures are funded by capacity charges collected unless otherwise stated.

Water Capacity Charge
Non-Residential (Capacity charge based on water meter size including irrigation meters)
Fiscal Year

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City of San Bruno
Water Capacity Charge Annual Report
Updated for Fiscal Year Ended June 30, 2023
Future Capital Funding Requirements
Project
2023-24
Project
Budget
10% of
Project
Budget
Advanced Water Meter - -
Acappella Well Project 3,991,594 399,159
Water Mains Improvement and Replacement 2,167,661 216,766 Pressure Regulator Station Improvements & Replacement 1,208,742 120,874 Pump Stations Improvement and Replacement 8,392,063 839,206 Water Tanks Improvement and Replacement 4,042,133 404,213 Well Replacement and Rehabilitation 528,373 52,837 Water Quality Well System Upgrades & Sweeney Ridge Tank Chlorine Generator Installation 600,000 60,000
Total Capital Improvement Program 20,930,566 2,093,057 Five-Year Disclosure:

The share of each capital infrastructure project attributable to future capacity increased from 8.3% to 10% for in accordance with the Water Capacity Study completed in September 28, 2017. Fees collected and interest earned are in compliance with California Code Section 66013.

There were no interfund loans or refunds recorded in fiscal year 2022-23.

94 of 139

City of San Bruno
Wastewater/ Sewer Capacity Charge Annual Report
Updated for Fiscal Year Ended June 30, 2023
Description & Fee
Residential (Capacity charge per residential dwelling unit) Single-Family or Duplex $6,878
Multi-Family (3 or more dwelling units) $5,502
3/4 Inch Meter $6,878
1 Inch Meter $11,464
1 1/2 Inch Meter $22,928
2 Inch Meter $36,684
3 Inch Meter $68,783
4 Inch Meter $114,639
6 Inch Meter $229,276
8 Inch Meter $366,842
5-year Revenues & Expenditures
2018-19 2019-20 2020-21 2021-22 2022-23
Beginning Available Balance, July 1st 27$ (1,553,637)$ (2,363,226)$ (2,629,457)$ (2,739,498)$ Revenues
Sewer Capacity Charges 19,251 53,187 148,730 101,231 681,602 Interest Allocation 22 160 1,926 1,566 20,228 Total Revenue 19,273 53,347 150,656 102,797 701,830 Expenditures
Trenton Drive Wastewater Main Replacement (85704) 570 - - - - Wastewater Main Improvement-Crystal Springs Ave (8434 331,358 - - - - Wastewater Main Improvement-Ave No. 1-1 (84343) 1,285 166,981 1,373 - - Wastewater Main Improvement-Ave No. 1-2 (31001) 1,885 157,595 1,601 - - Crestmoor Pump Station (31003) 62,837 149,535 163 11,529 - Crestwood Pump Station (31004) 1,871 5,649 1 101 14,339 Lomita Pump Station (31005) 60,825 165,135 580 10,507 - Wastewater Main Improvement-Crestwood Dr. (31006) 1,080 4,835 1 - 13,611 Sanitary Sewer Line - 1st Ave (84339) 108,280 - - - - Water Quality Control Plant by SSF (85708) 11,104 84,490 132,574 28,915 149,064 San Antonio Ave Sewer Main Improv (31007) 974,118 44,829 18 5 - Ave No. 1-3 Sewer Main Improv (31008) 10,590 33,435 253,390 81,108 - Ave No. 2-1 Sewer Main Improv (31009) 285 14,820 12,239 69,707 5,034 Ave No. 2-2 Sewer Main Improv (31010) 281 13,535 11,410 5,128 4,056 Ave No. 2-3 Sewer Main Improv (31011) - 5 - - 695 Ave No. 3-1 Sewer Main Improv (31012) 4,116 22,093 3,530 5,838 245,722 Ave No. 3-2 Sewer Main Improv (31013) - - 8 - 1,098 Earl/Glenview Ave Sewer Main Improv (31015) - - - - 1,331 Total Expenditures 1,572,937 862,936 416,887 212,838 434,950 Increase/ (Decrease) Available Funds (1,553,664) (809,589) (266,231) (110,042) 266,880 Ending Available Balance, June 30th (1,553,637)$ (2,363,226)$ (2,629,457)$ (2,739,498)$ (2,472,618)$ Charges collected on new connections or sewer connection size upgrades to offset prior investments by ratepayers in wastewater infrastructure capacity. 10% of actual project expenditures are funded by capacity charges collected unless otherwise stated.

Fiscal Year
Wastewater/ Sewer Capacity Charge
Non-Residential (Capacity charge based on water meter size including irrigation meters)

95 of 139

City of San Bruno
Wastewater/ Sewer Capacity Charge Annual Report
Updated for Fiscal Year Ended June 30, 2023
Future Capital Funding Requirements
Project
2023-24
Project Budget
10% of
Project
Budget
Wastewater Pump Stations Improvement and Replacement 14,993,403 1,499,340 Wastewater Mains Improvement and Replacement 4,992,503 499,250 Water Quality Control Plant by SSF 13,397,498 1,339,750 Sewer Master Plan 400,000 40,000
Total Capital Improvement Program 33,783,404$ 3,378,340$ Five-Year Disclosure
Fees collected on an annual basis are insufficient to fully cover the costs of increased capacity in the Wastewater/ Sewer Enterprises' capital infrastructure. The share of each capital infrastructure project attributable to future capacity increased from 8.3% to 10% for in accordance with the Wastewater Capacity Study completed in September 28, 2017. Fees collected and interest earned are in compliance with California Code Section 66013. There were no interfund loans or refunds recorded in fiscal year 2022-23.

96 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: Ari Delay, Fire Chief
SUBJECT: Consider Adoption of a Resolution Acknowledging Receipt of a Report made by the Fire Marshal of the San Bruno Fire Department Regarding the Inspection of Certain Occupancies Required to have Annual Inspections Performed Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
BACKGROUND:

The California State Fire Marshal’s Office, under current law, requires that certain occupancies be inspected annually by local fire department pursuant to California Health and Safety Code Sections 13146.2 and 13146.3. These occupancies include hotels/motels, multi-family residences with 3 or more units, and K-12 public and private schools to enforce current building and fire safety standards.

After several multi-family apartment fatality fires in 2016 and 2017, including the December 2, 2016 “Ghost Ship Warehouse” fire that killed 36 people, a Bay Area news group collected eight years of data from 12 Bay Area fire departments and found that many schools and apartments were not being inspected annually as required by law. In 2018, State Senator Jerry Hill (San Mateo) introduced SB1205, a bill that would require every city or county fire department, city and county fire department, or district required to perform the State Mandated inspections, to report inspection results annually. Senate Bill 1205 (Hill) was signed into law on September 27, 2018, adding Section 13146.4 to the Health and Safety Code.

DISCUSSION:

San Bruno Fire Department conducts a fire and life safety inspection program, which includes inspecting all state-mandated occupancies annually. The fire inspection cycle runs from January 1st through December 31st annually. The purpose of annual fire and life safety inspections is to mitigate known hazards, reduce risk to the community and ensure reasonable compliance with the California Fire Code. The San Bruno Fire Department utilizes an inspection records management system (RMS), to track the annual inspections and document observed code enforcement violations. These annual inspections are conducted on iPAD’s eliminating problems associated with paper files and allowing violations to be documented in an electronic database.

Section 13146.2 of the California Health and Safety Code (HSC) mandates that the local fire department inspect all hotels, motels, lodging houses, and apartments consisting of three or 97 of 139
Item 6g
Honorable Mayor and Members of the City Council
January 9, 2024

Page 2 of 2 ends

San Bruno City CouncilJanuary 9, 2024

San Bruno City Council
January 9, 2024