authorization, it is likely that multiple series of 30-year bonds would be issued, meaning the tax would be levied for more than 30 years.
The City retained professional services to conduct a Community Priorities Survey to assess community support for a G.O. Bond to finance City infrastructure improvements. The survey of likely November voters occurred in the second half of April 2024, and the results were provided to the City Council at a June 11, 2024 study session. The survey reflects the greatest support for a revenue measure that supports the following projects:
•Repair deteriorating storm drains, preventing system failure, flooding, water pollution/ sinkholes;
•Maintain city streets/repair potholes; and
•Upgrade fire stations to ensure rapid emergency response, accommodate modern firefighting/ life-saving emergency medical equipment, function during earthquakes/ natural disasters.
Placing a G.O. Bond measure on the ballot requires the City Council to take the following actions:
•Adoption of Resolution of Necessity—indicating that public interest and necessity demand the issuance of the G.O. Bond to finance the authorized improvements. (Scheduled for July 9)
•Introduction and Later Adoption of Ordinance Submitting G.O. Bond Measure to Voters – identifying the objects and purposes of the Bonds, the estimated cost of the improvements to be financed, accountability requirements applicable to the Bonds, and related matters. (Introduction scheduled for July 9; adoption scheduled for July 23) •Adoption of Resolution Placing Measure on Ballot – approving the 75-word ballot measure label and other particulars concerning the conduct of the election. (Scheduled for July 23)
Both the Resolution of Necessity and the Ordinance must be approved by the City Council by a supermajority of the full Council (i.e., four affirmative votes). If the City Council votes to place the G.O. Bond measure on the ballot at its July 9th and July 23rd meetings, City voters will be able to vote on the measure in November 2024.
Ballot Measure Approval
Under existing law, passage of a G.O. Bond requires two-thirds of those voting on the measure to vote in favor. However, Assembly Constitutional Amendment No. 1 (ACA 1) is being placed on the November ballot and, if adopted, would lower the necessary voter threshold to 55%. If the voters approve ACA 1 Statewide, this 55% threshold would apply to the City’s G.O. Bond measure. If ACA 1 is not approved, the two-thirds supermajority threshold for the City’s G.O.
Bond measure will remain in effect.
If City voters approve the G.O. Bond measure by the requisite percentage, the City would have funding for unfunded infrastructure projects in the areas listed above. Bond proceeds are restricted to capital projects, so there is no possibility that bond proceeds could fund operations or, for that matter, any other purposes. Given the project management capacity constraints, the
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Honorable Mayor and Members of the City Council
July 9, 2024
bonds will likely be issued in multiple phases over several years. Many of the improvements that bond proceeds could fund would have a multi-decade useful life benefiting future generations of San Bruno residents.
The proposed G.O. Bond measure requires transparency and accountability in addition to the City’s budget requirements. Requirements include an annual, independent audit to ensure transparency, accountability, and proper disbursement of G.O. Bond proceeds as promised to the public. In addition, the City Council would receive an annual report from the Chief Financial Officer on the proper disbursement of the bond proceeds.
Any action the City Council takes to advance this measure to the November ballot is not a vote to support or oppose the measure. While the Council has the right to take a formal position on this measure, this action is limited to advancing the ballot measure for San Bruno voter consideration in the upcoming General Election.
FISCAL IMPACT:
The estimated $40,000 cost to place this item on the ballot is included in the City Council Adopted FY25 Budget. If the G.O. Bond measure is placed on the ballot by the City Council and approved by the voters, the G.O. Bonds would be issued, and a dedicated ad valorem property tax would be levied on all taxable property in the City in an amount sufficient to pay debt service on the bonds each year. No other City funds would be pledged to the bonds.
ENVIRONMENTAL IMPACT:
The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.
RECOMMENDATION:
Adopt a Resolution Determining that the Public Interest and Necessity Demand the Acquisition, Construction and Improvement of Municipal Improvements Projects Constituting Public Infrastructure of the City, and their Financing Through the Issuance of General Obligation Bonds; and Introduce, read by title only and waive further reading of an Uncodified Ordinance Ordering the Submission of a Proposition Incurring Bonded Indebtedness to the Qualified Voters of the City of San Bruno at the General Municipal Election to be held on November 5, 2024, for the Purpose of Financing the Cost of the Acquisition, Construction and Improvement of Certain Municipal Improvement Projects Constituting Public Infrastructure of the City.
ALTERNATIVES:
Take no action.
ATTACHMENTS:
1. Resolution
2. Ordinance
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RESOLUTION NO. 2024 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION,
CONSTRUCTION AND IMPROVEMENT OF MUNICIPAL IMPROVEMENT PROJECTS
CONSTITUTING PUBLIC INFRASTRUCTURE OF THE CITY, AND THEIR FINANCING
THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS
WHEREAS, the City of San Bruno (the “City”) is a municipal corporation and general law city duly organized and existing under the Constitution and laws of the State of California; and WHEREAS, the City is undertaking the following capital improvement projects:
(1) repairing, replacing, and improving the deteriorating stormwater drain system to prevent system failure, flooding, water pollution and sinkholes, (2) repairing and improving the City streets, and (3) constructing and upgrading fire stations to ensure rapid emergency response, accommodate modern fire-fighting and life-saving emergency medical equipment and allow the stations to function during earthquakes and other natural disasters (collectively, the “Improvements”); and
WHEREAS, the undertaking of the Improvements by the City constitutes the construction, reconstruction, rehabilitation and/or replacement of “municipal improvements” and “public infrastructure” because the Improvements are (1) part of the structures, facilities and equipment owned and operated under the control of the City, (2) part of the basic, underlying features of the City’s physical landscape, community identity, and organization, (3) once completed, open to the public for use and/or benefiting the public, and (4) necessary or convenient to carry out the objects, purposes and powers of the City; and
WHEREAS, the City is authorized to call an election for the proposition of incurring a bonded indebtedness and to issue such bonds to finance municipal improvements constituting public infrastructure of the City pursuant to certain provisions of the California Government Code, including Article 1 of Chapter 4 of Division 4 of Title 4 (commencing with Section 43600) and Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 (commencing with Section 53506) (collectively, the “Bond Law”); and
WHEREAS, the City intends to issue its general obligation bonds (the “Bonds”) under and pursuant to the Bond Law to finance the cost of the acquisition, construction and improvement of the Improvements; and
WHEREAS, in order to initiate proceedings under the Bond Law to provide for the issuance of general obligation bonds, the City Council of the City (the “City Council”) must make certain findings and determinations.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Bruno as follows:
SECTION 1: The public interest and necessity demand, and it is the intention of the City Council to require, the acquisition, construction and improvement of the Improvements, and to issue the Bonds to finance the cost thereof, subject to completion of the proceedings required by the Bond Law.
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ATTACHMENT 1
2 2
5 2
3 SECTION 2: The City Council hereby finds and determines that the estimated costs of the Improvements will require an expenditure by the City greater than the amount allowed for it by the annual tax levy of the City. The principal amount of the Bonds will not exceed the estimated cost of the Improvements.
SECTION 3: This Resolution is adopted, and the Bonds, if approved by the qualified voters voting on the issuance of the Bonds, are to be issued pursuant to the Bond Law.
SECTION 4: This Resolution shall take effect upon its adoption by two-thirds of all members of the City Council.
---oOo---
I hereby certify that foregoing Resolution No. 2024 -___ was introduced and adopted by the San Bruno City Council at a regular meeting on July 9, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
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ORDINANCE NO. ____
AN ORDINANCE ORDERING THE SUBMISSION OF A PROPOSITION INCURRING
BONDED INDEBTEDNESS TO THE QUALIFIED VOTERS OF THE CITY OF SAN BRUNO AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, FOR
THE PURPOSE OF FINANCING THE COST OF THE ACQUISITION, CONSTRUCTION AND
IMPROVEMENT OF CERTAIN MUNICIPAL IMPROVEMENT PROJECTS CONSTITUTING
PUBLIC INFRASTRUCTURE OF THE CITY
WHEREAS, the City of San Bruno (the “City”) is a municipal corporation and general law city duly organized and existing under the Constitution and laws of the State of California; and WHEREAS, the City is undertaking the following capital improvement projects:
(1) repairing, replacing, and improving the deteriorating stormwater drain system to prevent system failure, flooding, water pollution and sinkholes, (2) repairing and improving the City streets, and (3) constructing and upgrading fire stations to ensure rapid emergency response, accommodate modern fire-fighting and life-saving emergency medical equipment and allow the stations to function during earthquakes and other natural disasters (collectively, the “Improvements”); and
WHEREAS, the undertaking of the Improvements by the City constitutes the construction, reconstruction, rehabilitation and replacement of “municipal improvements” and “public infrastructure” because the Improvements are (1) part of the structures, facilities and equipment owned and operated under the control of the City, (2) part of the basic, underlying features of the City’s physical landscape, community identity, and organization, (3) once completed, open to the public for use and/or benefiting the public, and (4) necessary or convenient to carry out the objects, purposes and powers of the City; and
WHEREAS, the City intends to issue its general obligation bonds (the “Bonds”) to finance the cost of the acquisition, construction and improvement of the Improvements; and WHEREAS, under existing law, approval of the Bonds requires 2/3 of the voters in the City voting on the proposition to vote in favor; and
WHEREAS, Assembly Constitutional Amendment No. 1 (“ACA1”) has qualified for the November 5, 2024 Statewide ballot and would, among other things, change existing law to authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure if the proposition proposing that tax is approved by 55% of the voters of the city, county, city and county, or special district, as applicable, and the proposition includes specified accountability requirements; and
WHEREAS, the foregoing amendments effectuated by ACA1, if approved at the November 5, 2024 Statewide ballot, would apply to any proposition authorizing general obligation bonds of a city that is submitted at the same election as ACA1; and WHEREAS, the proposition to approve the Bonds complies with all the provisions of ACA1, including all of its accountability requirements, so that, if ACA1 is approved on November 5, 2024, approval of the Bonds shall require that 55% (not 2/3) of the voters in the City voting on the proposition vote in favor; and
WHEREAS, if the ballot measure authorizing issuance of the Bonds is approved by the requisite number of affirmative votes, the City will be authorized to issue the Bonds. 159 of 184
ATTACHMENT 2
2 NOW, THEREFORE, the City Council of the City of San Bruno does ordain as follows:
SECTION 1. PURPOSE AND INTENT. Pursuant to the authority provided by the California Government Code and California Elections Code, the City Council proposes to order the submission of a proposition authorizing the City to issue general obligation bonds (the “Bonds”) to the qualified voters of the City at the general municipal election to be held on November 5, 2024.
SECTION 2. FINDINGS. The City Council hereby makes the following findings with respect to the proposed measure for the Bonds:
(i) On July 9, 2024, the City Council adopted, by a two-thirds vote of all its members, a resolution entitled “A Resolution of the City Council of the City of San Bruno Determining that the Public Interest and Necessity Demand the Acquisition, Construction and Improvement of Municipal Improvement Projects Constituting Public Infrastructure of the City, and Their Financing Through the Issuance of General Obligation Bonds,” pursuant to which the City Council has found and determined that the public interest and necessity demand the issuance of general obligation bonds to finance the Improvements, which are municipal improvement projects constituting public infrastructure of the City. (ii) In order to provide for the issuance by the City of general obligation bonds to provide financing for the Improvements, it is necessary for the City Council to adopt an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the City at a municipal election.
(iii) The City Council desires to submit said ballot measure to the qualified voters of the City at the regular election to be held in the City on November 5, 2024, and to consolidate the bond election with other elections held within the City on that date.
SECTION 3. CALL FOR ELECTION. The City Council hereby orders that there be submitted to the qualified voters of the City a proposition on incurring bonded indebtedness for the purposes set forth in this Ordinance, at the regular election to be held on November 5, 2024.
SECTION 4. BALLOT PROPOSITION. The City Council hereby submits to the qualified voters of the City, at the regular election to be held on November 5, 2024, a proposition on issuing the Bonds. The statement of the measure shall be in substantially the form set forth in the resolution of the City placing the measure on the ballot.
SECTION 5. OBJECT AND PURPOSE OF BONDS. The object and purpose of the Bonds is to finance some or all of the costs of the Improvements. The authorized Improvements also include all work, facilities and expenditures necessary and incidental to the projects described above.
Examples of such work, facilities, and expenditures include, but are not limited to: costs of design, engineering, architect and other professional services, inspections, site preparation, utilities, landscaping, construction management and other planning and permitting, legal, accounting and similar costs; a customary construction contingency; demolition and disposal of existing structures; rental or construction of storage facilities and other space on an interim basis for materials and other equipment and furnishings displaced during construction; addressing unforeseen conditions revealed by construction or renovation, and other necessary improvements required to comply with existing building codes and other applicable law, including the Americans with Disabilities Act; costs of the bond election; bond issuance costs; project administration during the duration of such projects; and financing and interest costs on the Bonds.
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3 The final costs, locations, designs, layouts and other components of the Improvements will be determined as plans are finalized, construction bids are awarded, and projects are completed.
Therefore, the City Council cannot guarantee that the Bonds will provide sufficient funds to allow completion of all needed Improvements.
SECTION 6. ESTIMATED COST OF IMPROVEMENTS. The estimated cost of the Improvements is $102,000,000.00. The estimated cost includes legal or other fees, the costs of printing the Bonds, and other costs and expenses incidental to or connected with the authorization, issuance and sale of the Bonds. To the extent the Improvements financed are revenue-producing public works, the cost of the Improvements may also include bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction.
SECTION 7. PRINCIPAL AMOUNT OF BONDS. The amount of the principal of the Bonds shall not exceed $102,000,000.00.
SECTION 8. MAXIMUM INTEREST RATE. The maximum rate of interest to be paid on the Bonds shall be the statutory maximum of 12% per annum. Said interest shall be payable semiannually, except that interest for the first year after the date of the Bonds may be made payable at the end of said year.
SECTION 9. ISSUANCE AND SALE OF BONDS. The City proposes to issue and sell the Bonds pursuant to Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code, or Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above if the requisite number of qualified voters voting on the proposition vote in favor thereof. The Bonds will be general obligations of the City payable from and secured by ad valorem taxes levied and collected in the manner prescribed by the laws of the State of California. The revenue generated from the ad valorem tax levied and collected will be used for the payment of debt service on the Bonds. All of the Bonds shall be equally and ratably secured, without priority, by the taxing power of the City.
SECTION 10. MANNER OF CONDUCTING ELECTION. The election on the Bonds held on November 5, 2024 shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election with which it is consolidated.
SECTION 11. PROCEDURE FOR VOTING ON PROPOSITION. Ballots for the election shall be provided in the form and in the number provided by law. Voters shall be provided an opportunity to vote for or against the proposition on the ballot, in accordance with procedures to be adopted by the authorized officers of the County of San Mateo (the “County”) charged with conducting the election.
SECTION 12. ACCOUNTABILITY REQUIREMENTS. In accordance with ACA1 and Sections 53410 and 53411 of the California Government Code, the City Council hereby adopts the following accountability requirements relating to the Bonds:
(i) The proceeds from the sale of the Bonds shall be used only for the purposes specified in this Ordinance, and not for any other purpose, including City employee salaries and
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4 other operating expenses. The administrative cost of the City for the Improvements shall not exceed 5% of the proceeds from the sale of the Bonds. (ii) The proceeds from the sale of the Bonds shall only be spent on the Improvements, which are projects that serve the jurisdiction of the City. (iii) This Ordinance shall be the ordinance through which projects will be funded and the City hereby certifies that it has evaluated alternative funding sources. (iv) The City shall conduct an annual, independent performance audit to ensure that the Bond funds are expended pursuant to the Ordinance specified in clause (iii). (v) The City shall conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the projects. (vi) The City shall post the audits required by clauses (iv) and (v) in a manner that is easily accessible to the public.
(vii) The City shall submit the audits required by clauses (iv) and (v) to the California State Auditor for review.
(viii) The City shall appoint a citizens’ oversight committee to ensure that Bond proceeds are expended only for the purposes described in the measure approved by the voters.
Members appointed to the oversight committee shall receive educational training about bonds and fiscal oversight.
(ix) Any entity owned or controlled by a member of the City Council shall be prohibited from bidding on any work funded by the proposition.
(x) A separate account shall be created and held by the City, into which the proceeds of the Bonds shall be deposited and applied solely for the purpose of financing the Improvements.
(xi) The Finance Director of the City shall file a report with the City Council at least annually showing the amount of Bond proceeds collected and expended, and the status of the Improvements.
SECTION 13. IDENTIFICATION OF TAX. The tax imposed by this measure is an ad valorem tax levied upon taxable real property in the City, and will be used to pay the principal and interest on the Bonds.
SECTION 14. OFFICIAL ACTIONS. The Mayor, the City Manager, the Finance Director, the City Clerk, and any of their designees, are hereby authorized to execute any documents and to perform all acts necessary to place the Bond measure on the ballot.
SECTION 15. INTERPRETATION. The provisions of this Ordinance, being necessary for the health, welfare, and safety of the City and its residents, is to be liberally interpreted to carry out its purposes. No error, irregularity or informality, and no neglect or omission of any officer, in any proceeding taken related to the submission of the proposition incurring bonded indebtedness to the qualified voters of the City shall void or invalidate any such proceeding, any Bonds issued by the City or any levy of ad valorem taxes to pay principal of and interest on the Bonds.
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5 SECTION 16. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications, and to this end the provisions this Ordinance are declared to be severable.
SECTION 17. PUBLICATION OF ORDINANCE. This Ordinance shall be published once a day for at least seven days in a newspaper published at least six days a week in the City, or once a week for two weeks in a newspaper published less than six days a week in the City. The first of said publications shall, in either event, be within 15 days after the adoption of this Ordinance. If there are no such newspapers, it shall be posted in three public places in the City for two succeeding weeks. No other notice need be given.
SECTION 18. EFFECTIVE DATE. In accordance with Section 36937(a) of the California Government Code, this Ordinance shall become effective immediately, as an ordinance relating to an election, upon its adoption by two-thirds vote of all the members of this City Council. __________________________________
Rico E. Medina, Mayor
ATTEST:
___________________________
Lupita Huerta, City Clerk
APPROVED AS TO FORM:
__________________________________
Trisha A. Ortiz, City Attorney
--oOo--
I hereby certify that foregoing Ordinance No. _____
was introduced at a regular meeting of the San Bruno City Council on ___________, 2024 and adopted by the San Bruno City Council at a regular meeting on ______________, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
__________________________________
Lupita Huerta, City Clerk
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City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: July 9, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Jennifer Dianos, Interim Human Resources Director SUBJECT: Consider Introducing, Reading by Title Only and Waving a Further Reading of an Ordinance of the City Council of the City of San Bruno Amending San Bruno Municipal Code Chapter 2.36 (Personnel System)
BACKGROUND
In 2021, the City Council transitioned the former Personnel Board functions to the Personnel Officer, who is designated as the City Manager. This resulted in the utilization of administrative regulations to streamline and enhance the efficiency of personnel related operations. This action dissolved the Personnel Board, and at that time, two Personnel Board members and the union for the City’s represented employees supported the transition.
On May 25, 2021, the City Council adopted Ordinance No. 1899 to amend San Bruno Municipal Code Section 2.36 (Personnel System) to reflect this transition. The intent of the change was to transfer personnel responsibilities to the City Manager, as detailed in the agenda material at that time. However, the ordinance did not delete a reference to City Council approval of job classifications, creating confusion regarding the City Manager’s authority for such updates. The 2021 staff report highlighted the following changes in Ordinance No. 1899:
• 2.36.010: Minor amendment to update terminology.
• 2.36.030: Remove reference to Personnel Board; update terminology for consistency • with current usage and practice.
• 2.36.050: Remove reference to Personnel Board; clarify that City Manager as Personnel Officer is authorized to develop and adopt personnel rules .
• 2.36.170: Clarify that the Personnel Officer is authorized to develop and adopt personnel rules and regulations.
• 2.36.180: Minor amendment to update terminology.
• 2.36.190: Clarify that provisional employment lists are managed by the personnel officer.
Although the Personnel System section of the Municipal Code was updated, the current version of the Personnel Rules and Regulations dates back to 1958 with independent amendments brought to Council for approval periodically throughout the subsequent decades and most recently in 2007 and 2021 respectively.
At its July 9 meeting, the City Council will also consider a pilot program for an Unrepresented Compensation Plan. The changes in the proposed ordinance also reflect the unrepresented positions which are exempt from the competitive service section of the Municipal Code. 164 of 184
Item 8b.
Honorable Mayor and Members of the City Council
July 9, 2024
8 3
3 DISCUSSION:
This agenda items presents for Council consideration an ordinance amending Chapter 2.36 of the City of San Bruno Municipal Code governing the City’s personnel system to accurately reflect the 2021 transition, and to update the staff positions that are exempt from section
2.36.020 titled “Applicability of chapter - Competitive service”. These proposed updates are noted in red line form of the attached ordinance, and highlighted as follows:
• 2.36.020: Insert provisional employees in section 4; remove City Manager’s Office positions in section 5; remove the City Attorney’s Office positions in section 6; and, amend the wording to remove City Manager’s Office and replace with unrepresented group in section 7.
• 2.36.050: Remove duplicative wording in sections B and C to clarify that City Manager, as Personnel Officer, is authorized to develop and adopt personnel rules. (this reference is also in sections 2.36.030 and 2.36.170)
These amendments do not change the City Council’s authority to approve the Compensation Plan (salary schedule) or Budget Staffing Plan (budget allocations).
The City Manager, as the personnel officer, will update and modernize the Personnel Rules and Regulations, which reference classifications. This will be done in accordance with the proposed revisions to Chapter 2.36 of the Municipal Code.
FISCAL IMPACT:
None.
ALTERNATIVES:
1. Provide staff with additional direction before adopting the ordinance amendments.
RECOMMENDATION:
Consider Introducing, Reading by Title Only and Waving a Further Reading Entitled an Ordinance of the City Council of the City of San Bruno Amending San Bruno Municipal Code Chapter 2.36 (Personnel System)
ATTACHMENTS:
1. Ordinance
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1 2
5 3
8 ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING CHAPTER 2.36 (PERSONNEL SYSTEM)
The City Council of the City of the City of San Bruno ORDAINS as follows:
SECTION 1. Section 2.36.020 (Applicability of chapter- Competitive service) of Chapter
2.36 (Personnel System) is hereby amended to read as follows (added language is shown with underline and deleted language is shown with strikethrough):
“2.36.020 Applicability of chapter - Competitive service.
A. The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except the following:
1. Elective officers; provided, that, in the event the people of the city shall, at a general municipal election or special election held for that purpose, elect to change the status of any one or more elective officers of the city to that of appointive officers, then at the expiration of the term of office of any such officer, the person holding the office at the time of the expiration of such term, providing that the elective officer shall have served in such position for a period of at least six months continuously immediately prior to the expiration of such term of office, shall assume regular status in the competitive service without preliminary examination or working tests and shall thereafter be subject in all respects to the provisions of this chapter;
2. Positions on appointive boards, commissions and committees;
3. All employees whose compensation is not paid by the city;
4. Temporary employees, seasonal employees, provisional employees and others that are not regular city employees (e.g., nonpermanent part-time workers);
5. The city manager; and, assistant city manager, executive assistant, administrative assistant, clerical personnel and/or other positions assigned to the city manager’s office;
6. The city attorney, any assistant, paralegal, legal secretary, law clerk or clerical personnel;
67. All employees assigned to the city’s personnel function in the city manager’s office or as otherwise designated in the unrepresented group.
B. Offices, positions and employments not exempted by subsection A of this section, shall constitute the competitive service of the city. (Ord. 1874 § 3, 2019; Ord. 1630 § 2, 2000)”
SECTION 2. Section 2.36.050 (Personnel officer - Powers and duties) of Chapter 2.36 (Personnel System) is hereby amended to read as follows (added language is shown with underline and deleted language is shown with strikethrough):
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ATTACHMENT 1
2 2
5 3
8 “2.36.050 Personnel officer - Powers and duties. The powers and duties of the personnel officer shall be to as follows:
A. Administer administer all the provisions of this chapter and of the personnel system rules and regulations not specifically reserved to the city council; B. Under the direction of the city council, supervise the preparation of a budget staffing plan, including class specifications, and revisions of the plan; the plan, and any revisions thereof, shall become effective upon approval by the city council; and C. Under the direction of the city council, supervise the preparation of a plan of compensation, and revisions thereof, covering all classifications in the competitive service; the plan and any revisions thereof shall become effective upon approval by the city council. (Ord. 1874 § 3, 2019; Ord. 1630 § 2, 2000)” SECTION 3. California Environmental Quality Act (CEQA). This ordinance is not a “project” pursuant to Section 21065 of the Public Resource Code because it does not change the existing regulatory scheme.
SECTION 4. 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 5. Effective Date. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published in a newspaper of general circulation at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933.
__________________________________
Rico E. Medina, Mayor
ATTEST:
______________________________
Lupita Huerta, City Clerk
APPROVED AS TO FORM:
__________________________________
Trisha Ortiz, City Attorney
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3 2
5 3
8 --oOo--
I hereby certify that the foregoing Ordinance No. ____
was introduced at a regular meeting of the San Bruno City Council on ______ and adopted by the San Bruno City Council at a regular meeting on _______, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
RECUSED: Councilmembers:
ABSENT: Councilmembers:
_____________________________
Lupita Huerta, City Clerk
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City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: July 9, 2024
TO: Honorable Mayor and Members of City Council
FROM: Alex McIntyre, City Manager
PREPARED BY: Ryan Johansen, Chief of Police
SUBJECT: Consider Adoption of a Resolution Authorizing the Receipt and Expenditure of $91,970.55 in Department of California Highway Patrol (CHP) Grant Funds to facilitate the FY24/25 Cannabis Tax Fund Grant Program, Pursuant to FY24/25 CTFGP Law Enforcement - San Bruno Police Department Award #17930
BACKGROUND:
Impaired driving and other dangerous driving activities result in fatalities, injuries, and property damage, which constitute a public safety concern that negatively impacts the San Bruno community. In recent years, the legalization and expanded use of cannabis has exacerbated these impacts. In an effort to help address this public safety concern, the San Bruno Police Department applied for and has been awarded a grant through the California Highway Patrol (CHP). This grant funds a project that is intended to enhance public awareness and education regarding impaired driving and other dangerous driving practices with an emphasis on cannabis use, and to reduce such practices through enforcement.
DISCUSSION:
Grant funds for this program will be used to cover the costs of overtime, equipment, and other expenses associated with selective enforcement and education activities aimed at reducing fatalities, injuries, and property damage associated with unsafe driving on San Bruno roadways.
Some of the activities covered by this grant project will include:
• DUI saturation patrols
• In-field narcotic analyzer devices
• Oral fluid mobile analyzer systems
• Drug Recognition Evaluator (DRE) training
• Standardized Field Sobriety Test (SFST) instructor training • Equipment and materials to support the grant objectives This grant will be managed by the San Bruno Police Department. The grant period in which all operations are to be conducted is July 1, 2024 through June 30, 2025. 169 of 184
Item 8c.
Honorable Mayor and Members of the City Council
July 9, 2024
7 3
FISCAL IMPACT:
The current fiscal impact for this item is $91,970.55, all of which will be reimbursed through this OTS grant.
This item requires a budget appropriation in the amount of $91,970.55, but the grant reimbursements will create offsetting revenue in the same amount. Thus, there is no net fiscal impact for this item
ENVIRONMENTAL IMPACT:
There is no environmental impact.
RECOMMENDATION:
Adopt a Resolution Authorizing the Receipt and Expenditure of $91,970.55 in Department of California Highway Patrol (CHP) Grant Funds to facilitate the FY24/25 Cannabis Tax Fund Grant Program, Pursuant to FY24/25 CTFGP Law Enforcement - San Bruno Police Department Award #17930.
ALTERNATIVES:
Alternatively, the City Council can choose not to adopt the Resolution and decline acceptance of the grant funds.
ATTACHMENTS:
1. Resolution authorizing the receipt and expenditure of $91,970.55 in department of California Highway Patrol (CHP) grant funds to facilitate the fy24/25 cannabis tax fund grant program, pursuant to fy24/25 CTFGP law enforcement - San Bruno Police Department Award #17930
2. Grant Agreement #17930
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2 5
2 8
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AUTHORIZING THE RECEIPT AND EXPENDITURE OF $91,970.55 IN DEPARTMENT OF CALIFORNIA HIGHWAY PATROL (CHP) GRANT FUNDS TO FACILITATE THE FY24/25 CANNABIS TAX FUND GRANT PROGRAM, PURSUANT TO FY24/25 CTFGP LAW ENFORCEMENT - SAN BRUNO POLICE DEPARTMENT AWARD #17930
WHEREAS, The San Bruno Police Department is charged with providing for the safety and security of the people within City limits and beyond; and WHEREAS, there are substantial traffic safety challenges on San Bruno roadways that negatively impact that safety and security; and
WHEREAS, increased education and enforcement regarding impaired and other unsafe driving practices can reduce those negative impacts; and WHEREAS, funding the overtime, equipment, and other expenses associated with this education and enforcement presents a fiscal challenge for the City; and WHEREAS, the San Bruno Police Department and the California Highway Patrol (CHP) have collaborated to establish goals and objectives for the grant period to have a positive impact on traffic safety challenges in San Bruno; and
WHEREAS, the San Bruno Police Department has applied for and received an offer of a Cannabis Tax Fund Grant Program (CTFGP) Award #17930, providing funding in furtherance of these goals and objectives.
NOW THEREFORE, BE IT RESOLVED that the Chief of Police for the San Bruno Police Department or his/her designee is authorized to execute on behalf of the City of San Bruno the attached agreement, including any extensions or amendments thereof and any subsequent contract with the state in relation thereto.
BE IT FURTHER RESOLVED that the FY24-25 budget be amended to make an appropriation in the amount of $91,970.55 for expenditure of these grant funds.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
IT IS ALSO AGREED that this award is not subject to local hiring freezes.
I hereby certify that foregoing Resolution No. 2024 - __ was adopted by the San Bruno City Council at a regular meeting on July 9, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT Councilmembers:
_____________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
17930
_____________ ___________________________________________________
1. GRANT TITLE
FY24/25 CTFGP Law Enforcement - San Bruno Police Department
2. NAME OF ORGANIZATION/AGENCY
San Bruno Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
San Bruno Police Department
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2024 To: 06/30/2025
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $91,970.55
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Ryan Johansen
Title: Chief of Police
Phone: (650) 616-7110
Address: 1177 Huntington Avenue
San Bruno, CA 94066
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Addr
ess: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
____
_______________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Addr
ess: 601 North 7th Street
Sacramento, CA 95811
E
-Mail: [email protected]
____
_______________________ _______________
(Signature) (Date)
10. AUTHORIZED F INANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Leslie Mendoza
Title: Management Analyst
Phone: (650) 616-7110
Address: 1177 Huntington Avenue
San Bruno, CA 94066
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ATTACHMENT 2
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Project- related purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
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TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.
b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
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TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)
G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace.
iii. Any available counseling, rehabilitation, and employee assistance programs.
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement.
ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
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TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein.
c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax - exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
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TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency.
b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
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TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
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Schedule A
San Bruno Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.
Project Description
San Bruno does not currently have any cannabis dispensaries within city limits. But many neighboring jurisdictions and jurisdictions within the region have allowed for the opening of cannabis dispensaries. We have seen an influx in not only alcohol-related DUI arrests, but we have also seen an increase in drug-related DUI arrests post-COVID19. The San Bruno Police Department has a traffic division that consists of (1) Traffic Sergeant and (1) Traffic Officer. The department relies heavily on patrol officers to conduct and enforce DUI enforcement details and operations. The purpose of this project is to increase trainings for members of the department to include Advanced Roadside Impairment Driving Enforcement (ARIDE) and Drug Recognition Evaluator (DRE), to ultimately be more effective during enforcement operations. In conclusion, the goal of the proposed project is to equip and train members of the San Bruno Police Department to effectively recognize and enforce DUI/DUID.
Problem Statement & Proposed Solution
The City of San Bruno has a population of over 43,000 people living within an area of 5.5 square miles. The daytime population nearly doubles due to several large commercial businesses, technology campuses, colleges etc. Examples of such businesses include: The Shops at Tanforan, YouTube, Amaz on, Walmart eComerce Corporate, Skyline Community College etc. San Bruno's daytime and nighttime population also siginficantly increases due to the influx of unhoused community members entering the city via Bay Area Rapid Transit (BART), CalTrain, and San Mateo County Transit District (SamTrans) from major metropolitan cities like San Francisco, Oakland, and San Jose. The BART, CalTrain, and SamTrans transit stations are conveniently located near Downtown San Bruno, and has created a busy transit corridor with a high volume of vehicle, pedestrian, and bicycle traffic. San Bruno also shares its eastern border with the San Francisco International Airport, which results in major travel-related traffic throughout the city.
Additionally, San Bruno has three major highways and interstates (US-101, I-280, and I-380) that filters traffic into the cities surface streets, along with two major State Routes (SR-82 and SR-35) that run directly through the city. These major interstates and State Routes bring a significant volume of traffic through the city, which result in various safety issues that require constant attention from the San Bruno Police Department.
San Bruno does not currently have any cannabis dispensaries within city limits. But many neighboring incorporated and unincorporated cities within the region have allowed for the opening of cannabis dispensaries. We have seen an influx in not only alcohol-related DUI crashes and arrests, but we have also seen an increase in drug-related DUI crashes and arrests. The San Bruno Police Department has a traffic division that consists of (1) Traffic Sergeant and (1) Traffic Officer. The department relies heavily on patrol officers to conduct and enforce DUI enforcement details and operations. With such requirements, appropriate trainings and enforcement details is paramount to continue the enforcement and education efforts DUI/DUID.
Performance Measures/Scope of Work
12 DUI Saturation Patrols (Q1=3, Q2=3, Q3=3, Q4=3). Goal is to reduce DUI/DUID -related crashes by 20%, which will improve roadway safety within the City of San Bruno.
(1) TruNarc Narcotics Analyzer (Q1=Purchase, Q2=Receive, Q2-Q4=Use to complete DUI saturation patrols and day-to-day operations): We will utilize the TruNarc Narcotics analyzer to ensure the safety of officers and the community during DUI saturation patrols, as well as day-to-day operations. The TruNarc Narcotics Analyzer allows officers to safely examine and presumptively test for narcotics. In between DUI saturation patrols, the narcotics analyzer will be used by officers in day-to-day operations.
(2) Sotoxa Oral Fluid Mobile Analyzer System (Q1=Purchase, Q2=Receive, Q2-Q4=Use to complete DUI saturation patrols and day-to-day operations): We will utilize the Sotoxa Oral Fluid Mobile Analyzer System to
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Schedule A
increase our abilities to preliminarily test subjects for narcotics during DUI saturation patrols, as well as day - to-day operations. In between DUI saturation patrols, the oral fluid mobile analyzer system will be used by officers in day-to-day operations.
(2) Drug Recognition Evaluator (DRE) Trainings (Q1-Q4): We will enroll two officers in DRE trainings. This will increase the officers ability to recognize and enforce DUI/DUID
(1) Standardized Field Sobriety Tests (SFST) Instructor (Q1-Q4): We will enroll one officer in SFST instructor training. This will allow the officer to assist the current two SFST instructors in regularly hosting and instructing DUI trainings within the department, as well as for outside agencies.
Project Performance Evaluation
Phase 1 – Program Preparation
· The department will develop operational plans to implement the “best practice strategies outlined in the objectives.
· All training needed to implement the program should be conducted as soon as feasible. o Advanced Roadside Impairment Driving Enforcement (ARIDE) Training o Drug Recognition Evaluator (DRE) Training
· All grant related purchases needed to implement the program should be made in the first quarter.
Phase 2 – Program Operations
· Deploy DUI Saturation patrols in accordance with the goals and objectives of the project. · Conduct quarterly warrant and probation compliance checks for habitual DUI/DUID offenders. · Ensure that members of the department receive required and continuous training in accordance with the goals and objectives of the project.
· Regular posting and dissemination of press releases, social media posting, and alerts to inform and educate the community of our collaborative efforts with the California Highway Patrol to reduce DUI/DUID related crashes.
Phase 3 – Data Collection
· Prepare quarterly performance reports.
o Collect and report quarterly appropriate data that supports the progress of goals and objectives. o Provide a brief list of activities conducted, procurement of grant-funded items, and significant media activities.
o Provide a brief summary of quarterly accomplishment and explanations for objectives not completed or plans for upcoming activities.
o Collect, analyze, and report statistical data relating to the grant goals and objectives.
Social media presence will be the main avenues of information sharing with internal and external stakeholders. Constant communication with grant managers to effectively ensure that goals and objectives are met.
Program Sustainability
The San Bruno Police Department is on the forefront in reducing DUI and DUID crashes and improving traffic safety. Grant funding is not an end all be all means, but a supplemental budget that our agency can rely on to increase our efforts to combat DUI and DUID. Regardless of the reduction in grant funding, or the unavailable grant funds, the San Bruno Police Department will continue to look through other means such as the training budgets and other cost saving measures. Every year, we are also able to request for additional budgetary amendments through the City Council. We have a strong working relationship with our city council and will continue to do so moving forward.
Administrative Support
In July 2015, the San Bruno Police Department created a new full-time Traffic Sergeant position. One of the primary reasons for the creation of this position was to ensure excellent management and administration of any approved traffic related grant efforts. Having the grant as a key function of one staff member has vastly improved our effectiveness in meeting grant objectives and keeping up with reporting requirements. In addition, the Traffic Sergeant is a, "working sergeant position", which means that he or she actively engages in traffic enforcement activities and helps to staff grant funded details.
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Schedule A
While the San Bruno Police Department Traffic Division only consists of (1) Traffic Sergeant and (1) Traffic Officer, we have five additional officers who have passed the 2-week POST Motor Officer Certification Course and/or are former Traffic Officers.
The motor-trained officers are available to participate in traffic enforcement details on an overtime basis.
Despite having a small Traffic Division, members of the San Bruno Police Department understand the importance of traffic enforcement and education campaigns and area always willing to work additional hours to staff the grant funded campaigns.
The San Bruno Police Department has taken a lead within San Mateo County in combatting impaired driving.
Currently, all sworn members of the San Bruno Police Department are trained in Standardized Field Sobriety Tests (SFSTs). Half of the department is trained in Advanced Roadside Impaired Driving Enforcement (ARIDE). There are (5) members of the San Bruno Police Department that are Drug Reco gnition Evaluators (DRE). There are currently (2) members of the department that are Standardized Field Sobriety Test (SFST) Instructors. We collaborate with the California Highway Patrol to host POST certified SFST classes bi - annually to other law enforcement agencies, district attorney offices, and forensic laboratories. In the past year, our SFST instructors have trained the entire department in SFST, and those instructors are furthering their education and certifications to become Drug Recognition Evaluator (DRE) Instructors this upcoming year. We also are looking to send additional officers to Standardized Field Sobriety Test (SFST) Instructor classes.
Despite being labeled as a small / medium sized department, we are fortunate enough to have our own dispatch / communications center, which is staffed by (6) full-time dispatchers, and numerous per-diem / part- time dispatchers. This gives us the capability to host traffic enforcement and impaired driving enforcement campaigns with dispatchers dedicated to any given operation, without putting burden on day-to-day operations.
We have a diligent public information team that has gained a robust social media presence that includes tens of thousands of followers on several social media platforms. This enables us to reach a large audience with publicity regarding grant funded details, as well as their results. Included on the public information team are several POST-certified Public Information Officers, who are qualified to author and disseminate press releases and ensure that they result in positive media exposure for the department and the California Highway Patrol.
The San Bruno Police Department is the lead agency in a regional Major Accident Investigation Team (MAIT), which consists of (2) sergeants, and (5) investigators. The team collaborates with four other agencies (South San Francisco, Burlingame, Hillsborough, and Daly City) in operating a regional MAIT. MAIT provides assistance at major traffic collision scenes including evidence collection and documentation, scene mapping, crash-data recorder downloads, and post-collision vehicle inspections.
Our Administrative Captain, Patrol Division Lieutenant, and Traffic Sergeant are certified in DUI checkpoint administration and are capable of managing effective checkpoints. The Chief of Police and Patrol Lieutenants have also managed numerous grants, and are well-equipped to manage the fiscal portion of this process.
This program has the full support of Police Administrators and City Government Officials.
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Schedule B
Detailed Budget Estimate
Award Number
Organization/Agency
Total Amount
17930
San Bruno Police Department
$91,970.55
Cost Category
Line Item Name
Total Cost to Grant
Personnel
DUI Saturation Patrol
$30,036.96
Category Sub-Total
$30,036.96
Travel
DRE Training - Attend Travel
$1,635.18
SFST Training - Instruct
$1,635.18
IACP Conference - Attend Travel
$2,000.00
Category Sub-Total
$5,270.36
Equipment
SOTOXA Oral Fluid Mobile Analyzer System
$12,383.60
TruNarc Narcotics Analyzer
$44,279.63
Category Sub-Total
$56,663.23
Grant Total
$91,970.55
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Schedule B-1
Budget Narrative
San Bruno Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Personnel
DUI Saturation Patrol
$30,036.96
DUI Saturation Patrols at Top Step Sergeant Rate with Benefits
12 DUI Saturation Patrols = $30,036.96 / 2 Sergeants or Officers per patrol / Sergeant OT $208.59 per hour 6 hours per patrol
Officer OT $173.87 per hour
*Budget is based on Sergeant working DUI saturation patrol*
Travel
DRE Training - Attend Travel
$1,635.18
DRE Training - Glendale, CA = Sergeant Mileage = 247.59 each way / 2 ways Per Diem = $59 per day / 5 days = $295
Lodging = $169 per night + taxes / 5 nights = $845
SFST Training - Instruct
$1,635.18
SFST Instructor Training - Glendale, CA = Officer Mileage = 247.59 each way / 2 ways Per Diem = $59 per day / 5 days = $295
Lodging = $169 per night + taxes / 5 nights = $845
IACP Conference - Attend Travel
$2,000.00
IACP Impaired Driving and Traffic Safety Conference - Washington DC (August 16 to 18, 2024)
Request being made for registration travel and lodging. Estimate only at this time.
Registration - $410 x 2 = $820
1 Sergeant / 1 Officer - Travel = ~ $500 round trip per person x 2 = ~$1000
Hotel will be at the Marriott Marquis (901 Massachusetts Ave NW, Washington DC 20001). The government per diem rate is $176 (+tax) per night.
Lodging + Housing per person = ~$1,000 x 2 = $2,000
Equipment
TruNarc Narcotics Analyzer
$44,279.63
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Schedule B-1
Budget Narrative
San Bruno Police Department
The Thermo Scientific TruNarc Handheld Narcotics Analyzer is a handheld Raman device that identifies multiple controlled substances including narcotics, synthetic drugs, cutting agents, and precursor chemicals in a single test, without direct contact for most samples.
Quantity:
(1) TruNarc Handheld Narcotics Analyzer, Unlimited, 5-year warranty, Train 12 Cost:
(1) TruNarc Handheld Narcotics Analyzer, Unlimited, 5-year warranty, Train 12 - $40,300.00 CA State Tax - $3,979.63
Total - $44,279.63
SOTOXA Oral Fluid Mobile Analyzer System
$12,383.60
Description: The SoToxa Oral Fluid Mobile Test System is a handheld analyzer that is used to detect up to (6) drug categories within 5-minutes from a single oral fluid collection sample. Driving under the influence of drugs (DUID) cases has heavily relied in the past on sending urine or blood samples to a laboratory. This device allows officers to obtain reliable tests within a few minutes.
Quantity:
(2) SOTOXA Oral Fluid Mobile Analyzer System
(2) SOTOXA Oral Fluid Cartridge 25/BX
Unit Cost:
(2) Sotoxa Oral Fluid Mobile Analyzer System - $4,900.00 x 2 = $9,800.00 (2) Sotoxa Oral Flud Cartridge 25/BX x2 - $685.00 = $1,370.00 CA Sales Tax - $1,103.60
Shipping - $110.00
Total = $12,383.60
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