Agenda, third session — San Bruno City Council, October 8, 2024

"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
October 8, 2024
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation & Aquatic Center, Community Room
251 City Park Way
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
*Livestreamed at www.youtube.com/CityofSanBruno
**Zoom Link
https://sanbrunocagov.zoom.us/j/88388849301?
pwd=ZvDb9z34fhZxGEWwWxGLxawrkaHgy0.1
Phone Line: 16465588656
Webinar ID: 883 8884 9301
Webinar Password: 685317
*Broadcasts of the meeting are offered via YouTube and
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 up to three minutes, subject to the Mayor’s discretion based on the anticipated length in the meeting. 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
There is a single public comment period for all items in this section a. Join Fire Station 51, 555 El Camino Real, for their annual Open House on Saturday, October 12, 2024 from 10 am to 2 pm
b. The City is partnering with Recology for the second of two FREE community events! Please mark your October calendar for the Fall Community DropOff Day and the Fall Compost Giveaway.

The Community Day DropOff Event will be October 19 from 8am – 11am at 975 Sneath Lane, San Bruno. The Fall Compost Giveaway will be October 19 & 20 at 500 1st Ave, San Bruno c. Proclamation Recognizing October 6 – 12, 2024 as Fire Prevention Week d. Proclamation Recognizing October 23 31, 2024 as Red Ribbon Week e. Proclamation Recognizing October as Community Planning Month f. Receive Annual Update from Parks & Recreation Committee g. Receive Annual Update from Senior Advisory Board
h. Presentation on Paid Parking 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 October 2, 2024 and Regular Meeting Minutes for September 10, 2024 and September 24, 2024
b. Approve Accounts Payable for September 23, 2024 and September 30, 2024 c. Accept Payroll for September 22, 2024
d. Consider Adoption of a Resolution Waiving the Purchasing Policy’s Standard Form Agreement Requirement and Authorizing the City Manager to Execute a Master Subscription Agreement to Procure Budget Development Software for $92,565 Over Three Fiscal Years and $20,000 for OneTime Implementation Services
e. Consider Adoption of a Resolution Authorizing the City Manager to Waive the City Rental and Special Event Fees in the Amount of $275 for a RibbonCutting Ceremony and Celebration for the New Rotary Pavilion on October 26, 2024
f. Consider Adoption of a Resolution Approving the Revision of the Scope of Work for the Posy Park Improvement Project, Direct Staff to Make a Request to the County of San Mateo to Approve an Amendment to the Scope of Work, Appropriate an Additional $135,000 from the Community Facilities Impact Fee Fund and Appropriate $125,000 from the Public Art Fund to the Project and Determining the Project Is Exempt Under the California Environmental Quality Act
g. Consider Adoption of a Resolution Accepting a Grant from the San Bruno Community Foundation for RAC Ramp Up to Operations in the Amount of $2.25 Million, Authorizing Expenditure of the San Bruno Community Foundation Grant of $1 Million for Fiscal Year 2024 25, Granting the Authority to the Community Services Director to Implement Subsidies, Promotions and Programs Within the Grant Provisions and Granting Authority to the City Manager to Execute Contracts in Cooperation Within the Grant Provisions h. Consider Adoption of a Resolution Rescinding Resolution No. 2023104 and Appointing a Director and an Alternate Director to Serve on the Board of Directors of the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA) on Behalf of the City of San Bruno

7. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Consider Reappointing Upcoming Expiring Members and Make New Appointments to Fill Current Vacancies on Commissions Boards and Committees on the Culture & Arts Commission; Emergency Preparedness Committee; Parks & Recreation Commission; and Revenue Measure Oversight Committee

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS

10. ADJOURNMENT – The next Regular City Council Meeting will be held on October 22, 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 October 3, 2024, by 8:00 pm.

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1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS

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1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS

1 Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4
“The City with a Heart”
M
INUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
October 2, 2024
6:00 PM

1. CALL TO ORDER
The meeting was called to order at 6:00 pm.

2. ROLL CALL
Councilmembers Alvarez, Hamilton, M. Medina, Vice Mayor Salazar, and Mayor R. Medina w
ere all present.

3. CONDUCT OF BUSINESS
a. Conduct Interviews to Fill Vacancies on Commissions, Boards and Committees Applicants were interviewed by the City Council, appointments will be made at the next regular City Council Meeting.

The City Council meeting recessed at 7:59 pm and reconvened at 8:05 pm.

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

No reportable action was taken.

4. ADJOURNMENT
This meeting adjourned at 8:24 pm to the next Regular City Council Meeting on October 8, 2024 at 7:00 pm.

These City Council Meeting minutes were prepared by Lupita Huerta, City Clerk, and
pr
esented to the City Council for approval at the regular meeting of October 8, 2024. ______________________________  ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor
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Item 6a.

"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tm Hamilton, Councilmember
Marty Medina, Councilmember, District 4

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
September 10, 2024
7:00 PM

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

2. ROLL CALL
Councilmembers Alvarez, Hamilton, M. Medina, Vice Mayor Salazar 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
The following members of the public provided comments:
• Isin
• Ray Moser

5. ANNOUNCEMENTS/PRESENTATIONS
a. Join Caltrain’s Electric Service Launch Parties on the weekend of September 21 & 22.

For additional information and to see all the weekend events planned, please visit:
www.caltrain.com/launchparty
b. Proclamation Recognizing the Month of September 2024 as Recovery Happens Month c. Proclamation Recognizing the Month of September 2024 as Suicide Prevention Month Star Vista Crisis Center Director Taylor Coutts accepted the proclamation. d. Proclamation Recognizing September 15 October 15, 2024 as Hispanic Heritage Month e. Receive Annual Update from the Emergency Preparedness Committee Chair Zidane Mili presented the item to the City Council f. Receive Presentation from the San Bruno Delegation on their trip to Narita, Japan Fire Chief Ari Delay introduced the item and Parkside Teacher Selena Delmasio and students presented the item to the City Council
No members of the public wished to speak under Announcements/Presentations.

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City Council – Minutes
September 10, 2024

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6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes of August 27, 2024 and Regular Meeting Minutes of June 11, 2024
b. Approve Accounts Payable for August 26, 2024 and September 3, 2024 c. Accept Payroll for August 25, 2024
d. Approve Investment Report Dated July 31, 2024
e. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending the Planned Development (P-D) District Created by Ordinance No. 1087 to Add Multi-family Housing as a Permitted Use on the 11.28 Acre Site at 1178 El Camino Real, and to Amend the Boundaries of the P-D District Created by Ordinance No. 1087 to Include the 1.40 acre Parcel at 1292 Huntington Avenue with Multi-family Housing as a Permitted Use”
f. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending the Zoning Map to Change the Zoning Designation of

1.40 acres at 1292 Huntington Avenue from the Medium Density Mixed-Use (TOD-1) District to the Planned Development (P-D) District, and 0.57 acres at 1151 El Camino Real from Neighborhood Commercial (C-N) District to High Density Mixed- Use (TOD-2) District”
g. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Title 12 (Land Use), Article III (Zoning) of the Municipal Code to Create Chapter 12.245 – Multi-Family Housing Ministerial Review, and Finding Such Actions Exempt from the California Environmental Quality Act” h. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with the Nutrition Site Council to Continue the Partnership in Support of Senior Programs Between the San Bruno Senior Center and Nutrition Site Council and Determining the Project is Exempt Under the California Environmental Quality Act
i. Consider Adoption of a Resolution Authorizing an Expenditure Not to Exceed $8,546 to Design, Manufacture, and Install Three Historical Interpretative Panels at Recreation and Aquatic Center
No items were pulled for a separate vote.

Item e - Mayor R. Medina recused himself from the item.

Item f - Mayor R. Medina recused himself from the item.

No members of the public wished to speak under Consent Calendar.

M/S R. Medina/Hamilton to approve consent Items a through i with the understanding that Mayor R. Medina is recused from Items e and f. Motion passed unanimously with Mayor R. Medina recused from Items e and f.

The City Council meeting recessed at 7:43 pm and reconvened at 7:52 pm.

7. PUBLIC HEARING(S)
a. Consider Adoption of a Resolution Amending the User Fee Schedule Related to Housing Element Implementation, and Additional Categories of Minor Planning Application Fees Community Development Director Peter Gilli presented the item to the City Council.

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City Council – Minutes
September 10, 2024

Page 3 of 3 ends

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

M/S Hamilton/Alvarez to close the public hearing. Motion passed unanimously.

Community Development Director Peter Gilli answered question.

M/S Hamilton/Salazar to adopt the resolution as read by the City Clerk and as amended by the slide described by the Community Development Director. Motion passed unanimously.

8. COUNCIL COMMITTEE REPORT OUT
The City Council had no committee report outs.

9. COMMENTS FROM COUNCIL MEMBERS
The following member(s) of the City Council provided comments:
• Mayor R. Medina

10. ADJOURNMENT
The meeting adjourned at 8:03 pm to the next Regular City Council Meeting on September 24, 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 October 8, 2024

______________________________   ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tm Hamilton, Councilmember
Marty Medina, Councilmember, District 4

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
September 24, 2024
7:00 PM

1. CALL TO ORDER
The meeting was called to order at 7:01 pm.

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

The following members of the public provided comments:

• Rebecca Molano
• Max Wain
• Daven Kumar
• Ben Mahabir
• Hari Sharma
• Ray Moser
• Abishek
• Neil Sherman
Acting Police Chief Jeremy Brandenberg provided a brief update on metered parking.

City Attorney Trisha Ortiz provided direction.

5. ANNOUNCEMENTS/PRESENTATIONS
a. Proclamation Recognizing October 2024 as Breast Cancer Awareness Month b. Proclamation Recognizing October 2024 as Domestic Violence Awareness Month CORA Chief Executive Director Karen Ferguson accepted proclamation c. Proclamation Recognizing October 2024 as National Filipino American Heritage Month d. Receive Annual Update from the Crime Prevention Committee Chair Richard Wong presented item to the City Council.

No members of the public wished to speak under Announcements/Presentations

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City Council – Minutes
September 24, 2024

Page 2 of 4 ends

6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes for August 6, 2024; September 10, 2024 and Regular Meeting Minutes for July 23, 2024
b. Approve Accounts Payable for September 9, 2024 and September 16, 2024 c. Accept Payroll for September 8, 2024
d. Approve Investment Report Dated August 31, 2024
e. Approve Reconciliation of General Ledger to Bank Report Dated June 30, 2024 f. Consider Approval of the City of San Bruno’s Response Letter to the 2023 - 2024 San Mateo County Civil Grand Jury Report “Restaurant Exteriors: The Neglected Space”
g. Consider Approval of the City of San Bruno’s Response Letter to the 2023 - 2024 San Mateo County Civil Grand Jury Report “The State of Compost Compliance in San Mateo County”
h. Consider Adoption of a Resolution:
• Approving the Design of the 2023-24 and 2024-25 Street Rehabilitation Project
• Authorizing the City Manager to Execute a Construction Contract with McKim Corporation for the 2023-24 and 2024-25 Street Rehabilitation Project in an amount not to exceed $5,441,764.13;
• Approving a Construction Contingency of $820,000;
• Transferring the remaining budget in the amount of approximately $2,240,000 from the 2023-24 Street Rehabilitation Project to the 2024-25 Street Rehabilitation Project;
• Approving a Total Project Budget in the Amount of $7,580,000; and • Determining the Project is Exempt Under the California Environmental Quality Act
i. Consider Adoption of a Resolution Updating the “City of San Bruno Employee Hourly Pay Schedule 2024” Effective September 23, 2024
j. Consider Adoption of a Resolution Approving the Second Amendment to the Employment Agreement Between the City of San Bruno and Alex D. McIntyre k. Consider Adoption of a Resolution Approving the Design for the Florida Park Project; Authorizing the City Manager to Execute a Construction Contract with Suarez and Munoz Construction Inc. for the Florida Park Project in an Amount Not to Exceed $1,343,506; Approving a Construction Contingency of $201,500; Authorizing the City Manager to Execute a Project Management Contract with Wilsey Ham in an Amount Not to Exceed $229,674 for Comprehensive Project Management; and Determining the Project is Exempt Under the California Environmental Quality Act
l. Consider Adoption of a Resolution Establishing White Curb Markings on Cherry Avenue and Grundy Lane, and a Mid-block Crosswalk on Grundy Lane Related to the YouTube Phase 1 Office Development Project and Finding That Such Changes Were Fully Analyzed in the Environmental Impact Report for the Bayhill Specific Plan Including the Phase I Development
m. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Memorandum of Agreement with the Menlo Park Fire Protection District to Designate the City of San Bruno a Participating Agency in the Federal Emergency

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City Council – Minutes
September 24, 2024

Page 3 of 4 ends

Management Agency California Urban Search and Rescue Task Force 3 and an Addendum to Such Memorandum of Agreement to Provide for a Canine Search Specialist
n. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code for Minor Amendments Related to Modifications, Temporary Use Permits, and Architectural Review” and Finding Such Action Exempt from the California Environmental Quality Act
Councilmember Alvarez pulled Item I for a separate vote.

Item f – Councilmember Hamilton pulled item due to typographical error on page 27 of agenda packet. Corrected to January 9, 2025.

Item h – Councilmember Hamilton pulled item for comment.

Item j – Mayor R. Medina provided brief description.

Item k – Councilmember Hamilton pulled item for comment. Councilmember M.

Medina recused himself from the item.

No members of the public wished to speak under Consent Calendar.

M/S Hamilton / Alvarez to approve all items under consent except for Item I and with understanding that Councilmember M. Medina is recused from Item k. Motion passed 5-0, with Councilmember recused from Item k.

Item I – Councilmember Alvarez provided comments and questions.

Administrator Services Director & Chief Financial Officer Nick Pegueros answered questions.

Assistant City Manager Darcy Smith answered questions.

Community Development Director Peter Gilli answered questions.

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

City Attorney Trisha Ortiz answered questions.

M/S Alvarez / Salazar to approve Item I with the exception of the Deputy Building Official position. Motion passed unanimously.

7. CONDUCT OF BUSINESS
a. Consider Adoption of a Resolution Approving the Recommendation of the Service Award Committee to Award the Recognition of Extraordinary Service Award to Harry Costa by Naming the Stage at Centennial Plaza After Him (Posthumously) with Placement of the Plaque on or Near the Stage; and Approving the Recommendation of the Service Award Committee to Award the Recognition of the Extraordinary Service Award to Mike Palmer with Placement of the Award Plaque Near Diamond 1 in City Park Subcommittee Vice Chair Jessica Martinucci presented the item to the City Council.

The following members of the public provide comment:
• Peter Carey

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City Council – Minutes
September 24, 2024

Page 4 of 4 ends

M/S M. Medina / Salazar to adopt the resolution. Motion passed unanimously.

8. COUNCIL COMMITTEE REPORT OUT
The following members of the City Council provided comments:
• Mayor R. Medina

9. COMMENTS FROM COUNCIL MEMBERS
The following members of the City Council provided comments:
• Councilmember M. Medina
• Councilmember Hamilton
• Councilmember Alvarez
• Mayor R. Medina

10. ADJOURNMENT
The meeting adjourned at 8:49 pm to the next Regular City Council Meeting on October 8, 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 October 8, 2024.

______________________________  ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: September 23, 2024
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 211017 through 211152 inclusive, totaling $4,826,716.06 have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $236,525.32
122 Solid Waste/Recycle $1,800.00
132 Agency On Aging $1,814.50
133 Restricted Revenues $1,250.31
137 Developer Project Contributions $15,265.20
141 Community Development $528.74
142 Recreation & Aquatics Center (RAC) $12,808.60
201 Parks and Facilities Capital $981,369.41
203 Street Improvement Projects $985,876.18
207 Technology Capital $5,550.00
611 Water Fund $186,644.81
621 Stormwater Fund $29,827.18
631 Wastewater Fund $2,264,097.33
641 CityNet Services Fund $38,459.24
651 Parking Fund $5,460.00
701 Central Garage $1,350.31
702 Facility Maintenance Fund $1,258.37
703 General Equipment Revolving $32,911.97
707 Technology Development $335.51
711 Self-Insurance $23,583.08
TOTAL FOR APPROVAL $4,826,716.06
Respectfully submitted,
_________________________
Chief Financial Officer Date
Docusign Envelope ID: D8987070-2AEB-41C9-8CDF-101F9E88899D 9/23/2024
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Item 6b.
9/23/2024 12:01:44PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0111416 A SMILE 4U FROM JANET 211017 32.409/23/2024
0000908 A-1 FENCE AND DECK, INC 211018 7,115.009/23/2024 0109212 ABEL CALDERON 211034 964.709/23/2024
0000858 ADECCO EMPLOYMENT SERVICES 211020 677.769/23/2024 0018953 ALLIANT INSURANCE SVC. INC. 211021 299.009/23/2024 0111719 ANNA MARIE PEPONIS 211108 156.009/23/2024
0016123 AT&T 211022 452.639/23/2024
0017191 AT&T 211023 411.359/23/2024
0015110 AT&T MOBILITY 211024 2,186.069/23/2024
0018465 AT&T MOBILITY 211025 335.519/23/2024
0105649 ATLAS PLUMBING AND ROOTER,INC. 211026 5,000.009/23/2024 0000345 BAKER & TAYLOR BOOKS 211027 1,127.589/23/2024 0001849 BAY AREA WATER SUPPLY & CONSERVATION AGENCY 211132 1,282.009/23/2024 0105553 BELLECCI & ASSOCIATES, INC. 211028 10,060.509/23/2024 0110215 BINE ARCEO 211029 316.459/23/2024
0110788 BLAISDELL'S BUSINESS PRODUCTS 211030 562.979/23/2024 0017361 BOETHING TREELAND FARMS, INC. 211031 735.319/23/2024 0111720 BRIAN ADAM 211019 54.519/23/2024
0000378 BROADMOOR LANDSCAPE SUPPLY 211032 2,266.459/23/2024 0000098 BRODART CO. 211033 109.459/23/2024
0102989 CALIFORNIA DIESEL & POWER 211035 33,691.569/23/2024 0018048 CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. 211086 12,847.199/23/2024 0106548 CAPITAL ONE TRADE CREDIT 211036 373.399/23/2024 0111692 CARMELO INFERRERA 211072 3,000.009/23/2024
0017206 CENTRAL CONCRETE SUPPLY CO.INC 211037 449.499/23/2024 0017843 CENTRAL COUNTY FIRE DEPT. 211038 36,150.259/23/2024 0111707 CHERYL TAN 211136 8.099/23/2024
0016324 CINTAS CORPORATION #464 211039 872.129/23/2024 0111716 CITADEL SYSTEMS INC. 211040 2,000.009/23/2024 0000386 CITY OF SOUTH SAN FRANCISCO 211041 2,195,537.139/23/2024 0000508 CLEARLITE TROPHIES 211042 60.439/23/2024
0110074 COGENT COMMUNICATIONS, INC. 211043 4,060.009/23/2024 0109998 CONSOR PMCM, INC. 211044 28,926.579/23/2024
0109788 CORE & MAIN LP 211047 11,770.719/23/2024
0109957 CORETECH LEASING, INC. 211048 2,583.149/23/2024 0018572 CUTTING EDGE PARTS 211049 2,103.439/23/2024
0111706 DAIMHIN KIRWAN 211082 515.009/23/2024
0109577 DIRECTWORX 211050 2,390.659/23/2024
0101178 DISCOUNT PLUMBING, INC 211051 3,000.009/23/2024 0103088 DUNN-EDWARDS CORP. 211052 16.729/23/2024
0111711 EII RABER 211111 5,000.009/23/2024
0104301 EON PRODUCTS INC. 211054 892.259/23/2024
0013683 F. FERRANDO & CO. 211055 13,595.419/23/2024
0106234 FASTRAK INVOICE PROCESSING DEPT. 211076 7.009/23/2024 0000944 FEDEX 211056 53.239/23/2024
0108077 FELIX HERNANDEZ-PRADO 211070 50.009/23/2024
0109510 FIRST ALARM 211058 982.089/23/2024
0018117 FLYERS ENERGY, LLC 211059 10,268.619/23/2024
0109776 FRESH LINE PRODUCE 211060 1,726.009/23/2024
0108388 FUN EXPRESS LLC 211061 357.319/23/2024
0018272 GALE/CENGAGE LEARNING 211062 36.039/23/2024
0110185 GBL INFRASTRUCTURE SOLUTIONS 211063 67,121.069/23/2024 0105998 GHD, INC. 211064 11,561.709/23/2024
Page: 1
Docusign Envelope ID: D8987070-2AEB-41C9-8CDF-101F9E88899D

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9/23/2024 12:01:44PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0000162 GRAINGER 211065 1,335.949/23/2024
0105687 GRAPHICS ON THE EDGE 211066 9,085.619/23/2024 0111708 GREGORY SMITH 211123 2,735.659/23/2024
0000385 HACH COMPANY 211067 629.599/23/2024
0095792 HARRISON & BONINI 211068 54.619/23/2024
0111486 HD SUPPLY, INC. 211069 85.499/23/2024
0105735 HYDROSCIENCE ENGINEERS, INC. 211071 9,891.629/23/2024 0109121 INFORMATION PROFESSIONALS,INC. 211073 14,459.009/23/2024 0018838 INFOSEND, INC. 211074 7,727.269/23/2024
0018261 INTL MEDIA DISTRIBUTION, LLC 211075 9,436.729/23/2024 0110728 JAKE ZHANG 211152 150.009/23/2024
0018970 JAM SERVICES INC. 211077 641,731.539/23/2024 0108549 JEANETTE M FEINBERG 211057 157.509/23/2024
0110372 JENNIFER LEAVER 211089 164.489/23/2024
0000771 JT2 INTEGRATED RESOURCES 211079 16,529.609/23/2024 0018376 JT2 INTEGRATED RESOURCES 211080 7,053.489/23/2024 0000075 K-119 TOOLS OF CALIFORNIA INC. 211081 898.009/23/2024 0096379 KAREN OJAKIAN 211104 129.609/23/2024
0017661 KATHY M SCHMIDT 211117 1,559.709/23/2024
0110872 KRISTIE WOO 211149 528.749/23/2024
0110994 KRUEGER INTERNATIONAL, INC. 211084 3,045.749/23/2024 0000317 L.N. CURTIS & SONS 211085 669.149/23/2024
0109771 LATHROP CONSTRUCTION ASSOCIATES, INC. 211045 843,122.009/23/2024 0014262 LC ACTION POLICE SUPPLY 211087 11,311.139/23/2024 0103799 LDVALI LLC 211088 299.709/23/2024
0017570 LEHR AUTO ELECTRIC 211090 32,730.969/23/2024
0106342 LESLIE MENDOZA 211098 327.039/23/2024
0093274 LINDSTROM CO 211092 2,500.009/23/2024
0109759 LUHDORFF&SCALMANINI CONSULTING ENGINEERS, INC. 211046 1,916.259/23/2024 0110776 MAGNET FORENSICS USA INC. 211093 13,500.009/23/2024 0111402 MB JESSEE PAINTING, INC 211096 39,994.399/23/2024 0018496 MCMASTER-CARR SUPPLY CO. 211097 9,290.049/23/2024 0001709 MILLBRAE LOCK 211099 384.739/23/2024
0106447 MOORE,IACOFANO, GOLTSMAN, INC. 211100 15,930.259/23/2024 0108222 NATIONAL AUTO FLEET GROUP 211101 95,888.599/23/2024 0111705 NICK MAKREAS 211094 500.009/23/2024
0111715 NICOLE JAMES 211078 30.009/23/2024
0109118 NORCAL BEES 211102 900.009/23/2024
0110243 ODP BUSINESS SOLUTIONS, LLC 211103 514.429/23/2024 0104416 OVERDRIVE, INC. 211105 1,341.269/23/2024
0000012 PACIFIC GAS & ELECTRIC 211106 1,065.789/23/2024 0095210 PAVEMENT ENGINEERING INC. 211107 5,647.509/23/2024 0015163 PENINSULA SPORTS OFFICIALS ASSOC.INC. 211125 516.009/23/2024 0111229 PORTER CAPITAL CORPORATION 211109 10,590.009/23/2024 0000285 PREFERRED ALLIANCE, INC. 211110 364.989/23/2024 0107432 RED WING BRANDS OF AMERICA,INC 211112 458.809/23/2024 0106483 ROBERT EDWARDS 211053 184.159/23/2024
0106293 ROBERT HALF 211114 7,087.609/23/2024
0111718 ROBERT MALEPEAI 211095 169.009/23/2024
0108539 ROSALIE L. STEINWAY 211127 202.509/23/2024
0099047 SAN MATEO CTY SHERIFF'S OFFICE 211115 28,194.209/23/2024 0017145 SAN MATEO LAWN MOWER SHOP 211116 218.189/23/2024 0108537 SCOTT TONG 211140 55.809/23/2024
0111549 SCP DISTRIBUTORS LLC 211118 140.009/23/2024
Page: 2
Docusign Envelope ID: D8987070-2AEB-41C9-8CDF-101F9E88899D

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9/23/2024 12:01:44PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0018962 SHOE DEPOT INC. 211119 285.449/23/2024
0111693 SHOREWAY PLUMBING 211120 3,000.009/23/2024
0093872 SHOWCASES 211121 196.569/23/2024
0105745 SMELLY MEL'S PLUMBING 211122 16,000.009/23/2024 0017508 SOUTH CITY LUMBER AND SUPPLY 211124 162.279/23/2024 0017087 STAPLES 211126 94.259/23/2024
0111604 STEPHAN KRAUEL 211083 8.629/23/2024
0017857 STERICYCLE, INC. 211128 258.489/23/2024
0109977 STEVE BLANC INVESTIGATIONS 211129 1,800.009/23/2024 0111370 SUAREZ&MUNOZ CONSTRUCTION, INC 211130 295,937.189/23/2024 0105796 SUNRISE FOOD DISTRIBUTOR INC. 211131 88.509/23/2024 0111544 SWA GROUP INC. 211133 18,000.009/23/2024
0095565 SWINERTON BUILDERS 211134 26,916.009/23/2024
0110995 T2 SYSTEMS CANADA INC. 211135 5,460.009/23/2024 0096932 TASC 211137 440.649/23/2024
0110331 THE ARTWORKS UNLIMITED LLC 211138 375.009/23/2024 0111551 THE STAGE DEPOT 211139 1,648.129/23/2024
0001362 TV GUIDE MAGAZINE, LLC 211141 47.829/23/2024
0109746 TWINING, INC. 211142 26,318.789/23/2024
0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 211113 6,506.459/23/2024 0102744 UNIVERSAL BUILDING SERVICES 211143 7,702.009/23/2024 0098899 UNLIMITED TOOL & EQUIP.REPAIR 211144 188.459/23/2024 0104233 WAVE 211145 17,950.009/23/2024
0104660 WEST YOST ASSOCIATES, INC. 211146 508.009/23/2024 0000612 WESTVALLEY CONSTRUCTION CO.INC 211147 11,600.009/23/2024 0096893 WILSEY HAM 211148 10,825.729/23/2024
0093430 WORLD BOOK INC 211150 479.129/23/2024
0106622 WRIGHT & ASSOCIATES 211151 32,332.249/23/2024 0111691 XIAORONG LI 211091 2,000.009/23/2024
Total count: 136
GrandTotal: 4,826,716.06
Page: 3
Docusign Envelope ID: D8987070-2AEB-41C9-8CDF-101F9E88899D

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: September 30, 2024

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 211153 through 211281 inclusive, totaling $2,753,527.22 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 $108,646.50
121 Federal/State Grants $93,973.94
131 In-Lieu Fees $18,793.75
132 Agency On Aging $1,074.00
137 Developer Project Contributions $55,928.63
141 Community Development $6,617.95
142 Recreation & Aquatics Center (RAC) $13,322.24
201 Parks and Facilities Capital $594,788.45
203 Street Improvement Projects $1,248,347.15
207 Technology Capital $5,400.00
611 Water Fund $246,977.28
621 Stormwater Fund $25,369.00
631 Wastewater Fund $185,151.22
641 CityNet Services Fund $6,368.17
651 Parking Fund $74,879.50
701 Central Garage $9,271.99
702 Facility Maintenance Fund $24,938.68
703 General Equipment Revolving $16,751.25
707 Technology Development $16,927.52
TOTAL FOR APPROVAL $2,753,527.22

Respectfully submitted,

_________________________
Chief Financial Officer Date
Docusign Envelope ID: 9CBEB41A-DDC9-4B31-9C79-3C3F2A3E3869 10/1/2024

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Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0000908 A-1 FENCE AND DECK, INC 211153 16,950.009/30/2024 0106896 A-1 RHINO LININGS 211154 1,791.569/30/2024
0110686 AAA RENTALS 211155 2,806.009/30/2024
0104680 ACCESS 24 COMMUNICATIONS INC. 211156 405.459/30/2024 0001170 AIRGAS USA, LLC 211157 57.559/30/2024
0000163 AIRPORT AUTO PARTS INC. 211158 98.229/30/2024 0097137 ALERT DOOR SERVICE INC 211159 890.009/30/2024 0109190 AMERICAN PORTABLES 211160 4,519.259/30/2024
0016990 ANNE LEONARD 211230 30.339/30/2024
0016123 AT&T 211162 209.319/30/2024
0017191 AT&T 211163 59.379/30/2024
0000345 BAKER & TAYLOR BOOKS 211164 1,386.029/30/2024 0110882 BALANCE FITNESS, INC. 211165 82,158.929/30/2024 0111712 BARBARA SAYAD 211254 1,000.009/30/2024
0017678 BAUER COMPRESSORS INC. 211166 1,376.649/30/2024 0100526 BAY ALARM COMPANY 211167 1,179.639/30/2024
0001849 BAY AREA WATER SUPPLY & CONSERVATION AGENCY 211268 664.759/30/2024 0105553 BELLECCI & ASSOCIATES, INC. 211169 171,393.659/30/2024 0018688 BEST BEST & KRIEGER LLP 211170 2,870.009/30/2024 0110215 BINE ARCEO 211171 131.859/30/2024
0109646 BIO CAR CARE 211172 1,850.009/30/2024
0109661 BIRITE FOODSERVICE DISTRIBUTORS 211208 312.169/30/2024 0111389 BLADES GROUP LLC 211173 5,208.009/30/2024
0000378 BROADMOOR LANDSCAPE SUPPLY 211174 1,153.699/30/2024 0000098 BRODART CO. 211175 77.789/30/2024
0103428 C&J ROOFING CO. INC. 211178 1,000.009/30/2024 0017372 CALBO 211179 1,350.009/30/2024
0102989 CALIFORNIA DIESEL & POWER 211180 5,226.809/30/2024 0018048 CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. 211226 1,219.249/30/2024 0106548 CAPITAL ONE TRADE CREDIT 211181 1,208.379/30/2024 0016324 CINTAS CORPORATION #464 211182 548.559/30/2024 0110831 CITY NATIONAL BANK 211183 24,412.029/30/2024
0103974 CITY OF SAN BRUNO 211184 512.009/30/2024
0109998 CONSOR PMCM, INC. 211187 25,949.059/30/2024
0015857 COUNTY OF SAN MATEO 211191 82.259/30/2024
0111542 CUSTOM METAL MFG.CO 211192 2,375.009/30/2024
0111725 D. HALLECK 211193 22.979/30/2024
0018188 DAU PRODUCTS 211195 3,410.789/30/2024
0110874 DC ELECTRIC GROUP, INC. 211197 25,250.009/30/2024 0110850 DOANE AND HARTWIG WATER SYSTEM, INC 211161 30,468.259/30/2024 0103088 DUNN-EDWARDS CORP. 211198 211.699/30/2024
0105820 EAST BAY TIRE CO 211199 1,482.619/30/2024
0104327 EATON DRILLING CO., LLC 211200 83,099.049/30/2024 0017300 ENVIRONMENTAL HEALTH FEE 211202 4,744.089/30/2024 0106234 FASTRAK INVOICE PROCESSING DEPT. 211221 14.009/30/2024 0000944 FEDEX 211203 46.909/30/2024
0109510 FIRST ALARM 211204 5,813.989/30/2024
0110434 FIRST ARRIVING, LLC 211205 2,529.689/30/2024
0001782 FLOWERS ELECTRIC & SVC.CO.INC. 211206 399.499/30/2024 0018117 FLYERS ENERGY, LLC 211207 9,245.659/30/2024
0102869 FRANCHISE TAX BOARD 211210 25.009/30/2024
0111726 FRANK COLES 211186 74.179/30/2024
0109776 FRESH LINE PRODUCE 211211 158.009/30/2024
Page: 1
Docusign Envelope ID: 9CBEB41A-DDC9-4B31-9C79-3C3F2A3E3869

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Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0096934 GONZALEZ CONSTRUCTION 211212 5,502.609/30/2024 0108425 GOOD CITY COMPANY 211213 33,600.389/30/2024
0000162 GRAINGER 211214 450.349/30/2024
0095966 GREAT AMERICA FINANCIAL SVC. 211215 307.749/30/2024 0000385 HACH COMPANY 211216 647.179/30/2024
0111486 HD SUPPLY, INC. 211217 9,133.089/30/2024
0111486 HD SUPPLY, INC. 211218 231.839/30/2024
0015531 INTERSTATE BATTERY SYS. OF SF 211219 343.199/30/2024 0016941 INTERSTATE GRADING&PAVING,INC. 211220 680,216.159/30/2024 0111732 JAMES BUENFIL 211177 34.479/30/2024
0111731 JOSH LEE 211228 34.759/30/2024
0000317 L.N. CURTIS & SONS 211224 16,751.259/30/2024
0109771 LATHROP CONSTRUCTION ASSOCIATES, INC. 211188 463,828.269/30/2024 0111713 LAURA RAQUEL PULIDO 211246 251.259/30/2024
0110998 LAZ PARKING ASSOCIATES LLC 211227 74,879.509/30/2024 0110878 LEFEVRE WELDING, INC. 211229 17,750.009/30/2024 0110309 LOOKINGPOINT, INC. 211231 4,268.349/30/2024
0017924 LORAL LANDSCAPING INC. 211232 2,100.009/30/2024 0111728 MANHAR KHALASI 211223 166.309/30/2024
0103048 MAUREEN BROGGER 211176 19.569/30/2024
0111295 MAZIYAR KESHTGAR 211222 1,000.009/30/2024
0016041 METROMOBILE COMMUNICATIONS 211233 370.509/30/2024 0111727 MICHAEL J. COSTA 211189 62.559/30/2024
0110443 MILLBRAE COMMUNITY TELEVISION 211234 2,600.009/30/2024 0111055 O'REILLY AUTO PARTS 211237 282.929/30/2024
0110243 ODP BUSINESS SOLUTIONS, LLC 211235 536.389/30/2024 0097567 ONE HOUR DRY CLEANING 211236 1,466.409/30/2024 0018701 ORKIN PEST CONTROL 211238 1,163.939/30/2024
0000012 PACIFIC GAS & ELECTRIC 211240 60,707.289/30/2024 0000012 PACIFIC GAS & ELECTRIC 211241 76.209/30/2024
0106110 PACIFIC OFFICE AUTOMATION 211242 716.509/30/2024 0108589 PERFORMANCE FOODSERVICE-LEDYARD 211209 72.849/30/2024 0017260 PETERSON TRUCKS, INC. 211243 263.269/30/2024
0111229 PORTER CAPITAL CORPORATION 211244 10,415.009/30/2024 0018530 PROGRESSIVE SOLUTIONS INC. 211245 600.009/30/2024 0107432 RED WING BRANDS OF AMERICA,INC 211248 182.099/30/2024 0109904 REMOTE SATELLITE SYSTEMS INTERNATIONAL, INC. 211270 5,353.009/30/2024 0110373 RISING STAR PRINTING 211250 231.829/30/2024
0106293 ROBERT HALF 211251 5,287.609/30/2024
0111729 RUDESMY ORTIZ 211239 34.759/30/2024
0094227 SAN MATEO COUNTY FIRE CHIEFS ASSOCIATION 211190 500.009/30/2024 0018597 SAN MATEO DAILY JOURNAL 211252 4,320.009/30/2024 0017145 SAN MATEO LAWN MOWER SHOP 211253 1,425.119/30/2024 0111722 SANA RAFI 211247 515.889/30/2024
0106068 SCOTT'S PPE RECON, INC. 211255 5,518.859/30/2024 0018461 SERRAMONTE FORD, INC. 211256 2,145.489/30/2024 0102917 SFPUC FINANCIAL SERVICES 211257 824.009/30/2024 0108792 SHAH KAWASAKI ARCHITECTS 211258 17,064.009/30/2024 0097626 SHARP ELECTRONICS CORP. 211259 3,268.099/30/2024 0104726 SHARPS SOLUTIONS, LLC 211260 140.009/30/2024
0000216 SHOWTIME NETWORKS INC. 211261 576.389/30/2024 0104548 SLOAN SAKAI YEUNG & WONG LLP 211262 3,555.009/30/2024 0105745 SMELLY MEL'S PLUMBING 211263 64,375.009/30/2024 0103492 SMITHSONIAN NETWORKS 211264 105.099/30/2024
Page: 2
Docusign Envelope ID: 9CBEB41A-DDC9-4B31-9C79-3C3F2A3E3869

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Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0111318 STARCHASE LLC 211265 93,973.949/30/2024
0017036 STEVEN'S BAY AREA DIESEL SERVICE, INC. 211168 2,892.559/30/2024 0111370 SUAREZ&MUNOZ CONSTRUCTION, INC 211266 310,046.179/30/2024 0105796 SUNRISE FOOD DISTRIBUTOR INC. 211267 531.009/30/2024 0095565 SWINERTON BUILDERS 211269 5,884.009/30/2024
0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 211201 581.009/30/2024 0000241 THE ADAM-HILL COMPANY 211272 443.859/30/2024
0018944 ULINE, INC. 211273 1,443.329/30/2024
0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 211249 1,475.949/30/2024 0102744 UNIVERSAL BUILDING SERVICES 211274 9,133.969/30/2024 0098899 UNLIMITED TOOL & EQUIP.REPAIR 211275 192.699/30/2024 0096844 USA BLUE BOOK 211276 7,388.009/30/2024
0095749 VERIZON WIRELESS 211277 5,688.569/30/2024
0111314 VERONICA TAM AND ASSOCIATES, INC. 211271 18,793.759/30/2024 0111730 VIOLET DALY 211194 15.469/30/2024
0105955 WEST COAST CODE CONSULTANTS, INC. 211185 1,522.509/30/2024 0104660 WEST YOST ASSOCIATES, INC. 211278 133,722.109/30/2024 0111610 WILL DAVIS 211196 300.009/30/2024
0096893 WILSEY HAM 211279 114,036.929/30/2024
0109476 WORLDPAC INC 211280 316.759/30/2024
0111734 YEN LAM 211225 50.009/30/2024
0109122 ZERO TURN POWER WASHING 211281 9,363.009/30/2024 Total count: 129
GrandTotal: 2,753,527.22
Page: 3
Docusign Envelope ID: 9CBEB41A-DDC9-4B31-9C79-3C3F2A3E3869

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: October 8, 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 September 27, 2024 is recommended. The Labor Summary report reflecting the total payroll amount of $2,156,246.96 for bi-weekly pay period ending September 22, 2024, by fund is shown below:

Fund Amount
Fund: 001 - GENERAL FUND 1,498,414.57
Fund: 121 - FEDERAL/STATE GRANTS 6,885.67
Fund: 122 - SOLID WASTE/RECYCLE 3,251.30
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 7,596.43
Fund: 141 - COMMUNITY DEVELOPMENT 78,965.21
Fund: 142 - RECREATION AND AQUATICS CENTER 98,155.22
Fund: 201 - PARKS AND FACILITIES CAPITAL 1,810.02
Fund: 203 - STREET IMPROVE. PROJECTS 17,527.53
Fund: 207 - TECHNOLOGY CAPITAL 4,279.09
Fund: 611 - WATER FUND 122,199.74
Fund: 621 - STORMWATER FUND 39,795.34
Fund: 631 - WASTEWATER FUND 88,644.38
Fund: 641 - CITYNET SERVICES FUND 90,007.20
Fund: 701 - CENTRAL GARAGE 20,094.47
Fund: 702 - FACILITY MAINT.FUND 47,341.24
Fund: 707 - TECHNOLOGY DEVELOPMENT 28,329.42
Fund: 711 - SELF INSURANCE 2,950.13
Total: 2,156,246.96
_____________________________________
Nick Pegueros, Admin Services Director/CFO Date
Docusign Envelope ID: C6974422-6877-49E1-872A-96122D185143 10/1/2024
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Item 6c.

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Administrative Services Director & CFO SUBJECT: Consider Adoption of a Resolution Waiving the Purchasing Policy’s Standard Form Agreement Requirement and Authorizing the City Manager to Execute a Master Subscription Agreement to Procure Budget Development Software for $92,565 Over Three Fiscal Years and $20,000 for One-Time Implementation Services
BACKGROUND:

The City uses an Enterprise Resource Planning (ERP) software suite to manage many of its business operations, particularly those with financial aspects or implications. The current software package is nearing end of life and must be replaced. Based on the state of technology and the pace of development, City staff are pursuing a “best of breed” approach rather than consolidated system due to rapid advancements in technology for general administration functions. With this approach, individual modules may be replaced sequentially, reducing the overall implementation burden on the organization and allowing for a wider range of options. As a component with relatively low barriers to change, the budget and reporting module has been identified as the first to be replaced, ahead of the fiscal year 2025-26 (FY26) development cycle.

DISCUSSION:

Evaluations for follow-on technology enablement for financial planning and analysis (FP&A) and reporting have focused on several core factors: 1) ability to use a fund accounting basis, 2) price, and 3) administrative and training burden of implementing and using the tool(s). Based on these factors, staff recommends procuring a software add-in package, Vena, as its follow-on budget development solution.

Factor 1 – Ability to use a fund accounting basis
As discussed in greater detail in each the City’s annual budget and its Annual Comprehensive Financial Report (ACFR), the City’s finances are separated by fund, which differs from for-profit financial and accounting practices. As a result, the range of systems which can accommodate this requirement is smaller than the universe of FP&A platforms or systems available. These range from ERP system-agnostic platforms to existing software add-ins to full development and publishing platforms. This dimension for evaluation was binary – it is a necessary condition for use – and did ultimately result in ruling out some vendors. 21 of 64
Item 6d.

Honorable Mayor and Members of the City Council
October 8, 2024

Page 2 of 3 ends

8 2
6 Factor 2 – Price
Pricing structure depends on a variety of factors, where some government-specific vendors will tailor their offerings to the size of the government (typically expressed in annual budget appropriations) and others may have flat fee-based systems or user license-based prices. There are roughly three groupings of offerings, ranging from FP&A platforms to budgeting and publication to full-suite ERP options. The fewer the options and expectations of the software tool, typically the lower the price, and full-suite bundles typically require the entire system. Staff evaluated options using a total cost of ownership approach, incorporating license (or subscription) cost, implementation, and the opportunity cost of the time invested by City staff or other resources.

Factor 3 – Administrative and training burden required
Any new system requires some investment to both implement and for practitioners to learn and become familiar with the system. In evaluating alternative systems, staff attempted to balance the marginal value of more robust planning and reporting options with the marginal cost of familiarizing the organization with the selected tool. Evaluation on this dimension incorporated the relative complexity of learning a new software system for both the finance teams and departmental liaisons, the total number of systems required for budget preparation, integration with other tools, and future expansion.

Overall evaluations
Based on the rating elements and needs of the organization, City staff compiled the following table of overall rankings to determine the best fit. The ratings include tiers, ranging from 1 (recommended) to 4 (does not meet requirements) as a way to stratify the different choices. As the top-rated vendor across the rating categories, staff recommends adoption of a resolution authorizing the City Manager to enter into a three-year agreement with Vena for FP&A software in the amount of $92,565.

Vendor Factor 1
Fund
accounting
Factor 2
Price
Factor 3
Organizational
burden
Overall
Tier &
Recommendation
Anaplan Yes Middle High 3: Not recommended
Budgyt No Low Medium 4: Does not meet
requirements
ClearGov Yes Middle Medium 2: Meets requirements
NetSuite Yes High High 3: Not recommended
OpenGov Yes High High 3: Not recommended
Planful Yes Middle Low 2: Meets requirements
Questica Yes High Medium 3: Not recommended
Vena Yes Middle Low 1: Recommended
The City’s purchasing policy requires City Council approval when a non-standardized service agreement is proposed. Due to the complexities of proprietary software services, it is common for software entities to allow modifications to their Master Subscription Agreement (MSA) to meet the needs of their prospective client’s needs. City staff worked with the City Attorney’s Office and Vena to arrive at the attached MSA for City Council review and approval.

22 of 64

Honorable Mayor and Members of the City Council
October 8, 2024

Page 3 of 3 ends

8 2
6 Next steps
If approved, City staff will move forward with implementation for the FY26 budget development cycle and beyond. The next ERP replacement modules under evaluation are payroll/human resources information system (HRIS)/time and attendance, with accounts payable and core financials tentatively following afterward.

FISCAL IMPACT:

The planning and reporting tool’s first-year funding for the Vena subscription of $30,855 and implementation of $20,000, plus staff time, and is funded by the adopted FY25 Enterprise Resource Planning (ERP) Replacement CIP project budget. Annual Vena subscription costs of $30,855 in years two and three of the agreement will be incorporated into the Information Technology operating budget and allocated to departments. Total project cost, over three years, is no-to-exceed $112,565.

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 waiving the purchasing policy’s standard form agreement requirement and authorizing the city manager to execute a Master Subscription Agreement to procure budget development software for $92,565 over three fiscal years and $20,000 for one-time implementation services.

ATTACHMENTS:

1. Resolution

2. Vena MSA

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RESOLUTION NO. 2024-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO WAIVING THE PURCHASING POLICY’S STANDARD FORM AGREEMENT REQUIREMENT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER SUBSCRIPTION AGREEMENT TO PROCURE BUDGET DEVELOPMENT SOFTWARE FOR $92,565 OVER THREE FISCAL YEARS AND $20,000 FOR ONE-TIME IMPLEMENTATION SERVICES WHEREAS, the City of San Bruno utilizes an Enterprise Resource Planning (ERP) software suite to manage many of its business operations, particularly those with financial aspects or implications; and
WHEREAS, the current ERP software used by the City is nearing the end of its lifecycle and must be replaced to ensure continued functionality and operational efficiency; and WHEREAS, the City has determined that a "best of breed" approach, allowing individual modules of the ERP system to be replaced sequentially, is the most prudent strategy to minimize implementation burden and maximize flexibility in technology selection; and WHEREAS, the budget and reporting module has been identified as the first system to be replaced ahead of the fiscal year 2025-26 budget development cycle, due to its relatively low barriers to change and importance in financial planning and analysis (FP&A); and WHEREAS, City staff has evaluated several software solutions based on their ability to use a fund accounting basis, pricing structure, and the administrative and training burden associated with their implementation and use; and
WHEREAS, the City Council finds that the procurement of this budget development software is in the best interest of the City’s financial management and operational efficiency; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno as follows:

1. The City Manager is hereby authorized to enter into a Master Subscription Agreement with Vena Solutions USA Inc. to procure software for budget development and its implementation, in a total amount not-to-exceed $112,565 over three years.

2. The City Manager is further authorized to execute any necessary documents and take all necessary actions to implement the procurement and ensure a successful transition to the new budget development software.

I hereby certify that foregoing Resolution No. 2024 - __ was adopted by the San Bruno City Council at a regular meeting on October 8, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
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Attachment 1

ORDER FORM
This Order Form is appended to the Master Subscription Agreement Terms and Conditions (the “Terms”), and shall be governed by those Terms as same may be amended from time to time.

1. FEES

DESCRIPTION QTY PER UNIT COST (ANNUAL) TOTAL
Tier 1 - Professional Platform 1 $30000 $30000
Power User License 3 $2500 $7500
Contributor User License 12 $1200 $14400
View Only User License 12 $350 $4200
Standard Support 1 Included Included
Sub-Total Vena Cloud Annual SaaS Subscription Fees: $56,100.00 Discount : ($25,245.00)
Total Year 1 Vena Cloud Annual SaaS Subscription and Support & Maintenance Fees (“Year 1 Fees”):
$30,855.00
IN WITNESS WHEREOF, the Parties have executed this Order Form as of the Effective Date.

Vena Solutions USA Inc. (“Vena”) City of San Bruno (“Subscriber”) By: By:

Name: Name:

Title: Title:

Date: Date:

Address for Notice: 1971 Western Avenue, #1125, Albany, NY 12203
Address for Notice: 567 El Camino Real San Bruno,
CA 94066
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ATTACHMENT 2

MASTER SUBSCRIPTION AGREEMENT TERMS AND CONDITIONS

DEFINITIONS
“Affiliate” means any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with either Vena or Subscriber. “Agreement” means these Master Subscription Agreement Terms and Conditions, together with any Order Forms, Appendices, Statements of Work and Descriptions of Services executed by Vena and the Subscriber or incorporated herein by reference, as same may be amended from time to time. “Applicable Privacy Laws” means all applicable data protection legislation, regulations and rules related to data security, data integrity and the safeguarding of personal information and those data protection laws applicable to Vena and Subscriber within the United States of America, as well as the California Civil Code Sections 1798.80 through 1798.84, and the California Consumer Privacy Act, Civil Code Section 1798.100, et seq. “Content” means: i) information obtained or developed by Vena related to the Service and provided to Subscriber, including all products specified and agreed upon pursuant to this Agreement; (ii) the Documentation, as defined within this Agreement; and (iii) Updates.
“Data Protection Addendum” means, a data protection addendum entered into between the Parties in connection with the processing of Personal Data (as therein defined) in connection with the Service provided under this Agreement. “Documentation” means, collectively, technical information and materials, in written or electronics form, delivered with the Service by Vena to Subscriber and that are intended for use in connection with the Service. “Effective Date” means the date that the initial Order Form is signed by the Subscriber. “Feedback” means suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the Service provided by a Subscriber, User, or third party. “Fees” means the fees and charges specified in an Order Form, Statement of Work or Description of Services, or other document, including both recurring and one-time charges. “Governing Law” has the meaning given in Section 13.3.
“Non-Vena Applications” has the meaning given in Section 2.6. "GDPR" means EU General Data Protection Regulation 2016/679, as same may be amended from time to time. “Order Form” means any executed Order Form between Vena and Subscriber. “Party” means either Vena Solutions USA Inc. or the Subscriber, and “Parties” means both Vena Solutions USA Inc. and Subscriber.
“Proprietary Information” means confidential or proprietary information of a Party relating to that Party’s business or operations. With respect to Subscriber, Proprietary Information includes Subscriber Data and information communicated by Subscriber to Vena about Subscriber’s internal operating environment but excludes Usage Data. With respect to Vena, Proprietary Information includes the technology underlying the Service, the Documentation (including any complete or partial copies thereof), Usage Data, the Service Concepts, third-party databases, and any benchmark or survey results. “Protected Information” means sensitive, personally identifiable information that is subject to specific regulations or laws that impose increased protections and/or obligations with respect to handling of that type of information. “Service” means all Vena products and services specified and agreed upon in this Agreement, to be delivered by or through Vena to Subscriber hereunder, including the Content, but excluding any third-party database and third-party products or services.
“Service Concepts” means the concepts, techniques, ideas, and know-how embodied and expressed in any computer programs included in the Service, including their structure, sequence and organization. “Service Learnings” means data Vena collects and/or generates about the Service’s operations, support, or use by Subscribers and/or Users, including how such data relates to Subscriber and User parameters and characteristics.

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“Statement of Work” or “Description of Services” means a signed written agreement for the Service between Vena and Subscriber that sets out agreed upon project-specific activities, associated deliverables, work effort, resources, Fees and costs.
“Subscriber Data” means any data, including text, figures, and audiovisual material uploaded to the Service by Users in the course of using the Service, and any data downloaded from the Service, including any calculated results resulting from Subscriber’s usage of the Service. For clarity, Subscriber Data excludes Usage Data. Subscriber Data is at all times owned by Subscriber.
“Term” has the meaning given in Section 7.1.
“Updates” means all upgrades, modified versions, or updates, to the Service whether provided to the Subscriber by Vena through maintenance and support services or otherwise at any time. “Use” means to directly or indirectly load, execute, access, employ, utilize, store, or display the Service. “User” means a Subscriber employee (or any contractor of Subscriber for whom access is requested by Subscriber) authorized by Vena to Use the Service and who has been supplied valid user credentials for the Service by Subscriber (or by Vena or authorized Vena partner at Subscriber’s request). “Usage Data” means Feedback and Service Learnings.

2. LICENSE GRANTS, SERVICE ACCESS & SERVICES

2.1. Subject to the terms and conditions of this Agreement (including the obligation to pay Fees), Vena hereby grants Subscriber a limited, non-exclusive, non-transferable, worldwide right to Use the Service during the Term, solely for Subscriber’s internal business purposes. All rights not expressly granted to Subscriber are reserved by Vena.

2.2. The Service shall be made available to Subscriber in the form of a welcome email containing credentials to access the Service, which will be sent to the Subscriber by Vena following execution of the Order Form by both Parties.

2.3. Vena will provide certain services either directly or through Affiliates or subcontractors. Subscriber acknowledges and agrees that Vena leverages cloud infrastructure providers such as Amazon Web Services (“AWS”) in connection with the delivery of the Services, and Subscriber acknowledges that such cloud infrastructure providers do not have access to Subscriber Data and shall not be considered subcontractors for the purposes of this Agreement.

2.4. Subscriber grants to Vena and its Affiliates a non-exclusive, worldwide, royalty-free, fully paid-up right and license to store, copy, access, transmit and otherwise perform all acts with respect to the Subscriber Data as may be necessary for Vena and/or its Affiliates or subcontractors to: (a) provide the Services to the Subscriber as set forth in this Agreement, (b) maintain or improve Vena's products and services, (c) leverage Usage Data and (d) diagnose and resolve any support issues in accordance with Appendix A or otherwise as requested by Subscriber from time to time.

2.5. Vena collects Usage Data in order to understand how Subscriber and its Users interact with the Service and to improve, support, promote, and operate Vena’s product and services. Vena shall collect, process, and use such Usage Data in accordance with Applicable Privacy Laws and its Privacy Policy.

2.6. The Service may integrate with certain third-party websites, applications and solutions (“Non-Vena Applications”).

Non-Vena Applications shall be governed solely by the terms and conditions applicable to such Non-Vena Applications, as agreed to between Subscriber and the providers of such Non-Vena Applications. From time to time, Vena may enable such Non-Vena Applications as a convenience to Subscriber, and the availability of such Non- Vena Applications does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by Vena of such Non-Vena Applications or their providers. Vena does not endorse or support and is not responsible for Non-Vena Applications, including without limitation, the privacy and data security policies and practices related to Non-Vena Applications. Subscriber may authorize or enable integrations between the Service and Non-Vena Applications, and by doing so: (a) instructs Vena to share Subscriber Data (including, to the extent necessary, any personal data) with the providers of such Non-Vena Applications in order to facilitate the integration; (b) grants Vena permission to allow Non-Vena Applications and their providers to access Subscriber Data and information about Subscriber’s usage of the Non-Vena Applications and/or the Service as appropriate for the interoperation of Non-Vena Applications with the Service; and (c) grants Vena with access to information that Subscriber has provided to the providers of such Non-Vena Applications in order to facilitate the integration and

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interoperation of Non-Vena Applications with the Service. The type of information provided to Vena, as well as the manner in which the Non-Vena Applications use, store, and disclose such information, is governed solely by the policies of the third party providing the Non-Vena Applications. Vena shall have no obligation or liability of any kind whatsoever for Non-Vena Applications or for the policies, practices, actions, or omissions of the providers of any such Non-Vena Applications. Subscriber is responsible for providing all instructions to the Non-Vena Applications providers about the use and protection of Subscriber Data. Vena and Non-Vena Applications providers are not processors or sub-processors of personal data with respect to each other.

2.7. The Service may contain features designed to interoperate with Non-Vena Applications. Subscriber acknowledges that Vena cannot guarantee the continued availability of such Service features, and may cease providing them at any time, if for example and without limitation, the provider of a Non-Vena Application ceases to make the Non-Vena Application available for interoperation with the corresponding Service features in a manner acceptable to Vena.

3. RESTRICTIONS ON USE

3.1. Subscriber is responsible for all activity occurring under its User accounts to the Service, whether such access or use is permitted by or in violation of this Agreement, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Use of the Service, including those related to Applicable Privacy Laws, international communications and the transmission of technical or personal data.

3.2. Subscriber acknowledges that the Service and its structure, organization and source code constitute Vena’s valuable intellectual property and trade secrets. Accordingly, Subscriber agrees:
(a)not to, in whole or in part, copy, modify, adapt, alter, translate, or create derivative works from the Service (except as expressly permitted by the Documentation);
(b)not to make the Service available to any third party or otherwise commercially exploit the Service in any way; (c)not to merge the Service with any other service or software; or sublicense, lease, rent, loan, or otherwise transfer the Service to any third party; however, and for the avoidance of doubt, nothing within this section 3.2 (c) is intended to limit Subscriber’s ability to use the Service alongside any third-party Subscriber Data source system; (d)not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Service; (e)to notify Vena as soon as practicable of any unauthorized Use of any password or account or any other known or suspected breach of security;
(f)to report to Vena as soon as practicable and to use reasonable efforts to stop any copying or distribution of Content that is known or suspected by Subscriber or Subscriber’s Users; (g) not to remove, alter, or obscure any proprietary notices (including copyright notices) incorporated into or included with the Service;
(h) not to interfere with or disrupt the integrity or performance of the Service or the data contained therein; and (i)not to attempt to gain unauthorized access to the Service or its related systems or networks.

3.3. Subscriber shall not access the Service in order to:
(a)build a competitive product or Service;
(b)build a product using similar ideas, features, functions or graphics of the Service; copy any ideas, features, functions or graphics of the Service; or
(c)send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.

3.4. Subscriber shall not permit User licenses to be shared or used by more than one individual User, provided that Subscriber may reassign User licenses from time to time to new Users who are replacing former Users who no longer Use the Service.

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3.5. If at any time during the Term Vena determines that the number of User licenses exceeds the applicable number of User licenses specified within the applicable Order Form, Subscriber shall pay for the additional User licenses upon receipt of invoice from Vena in respect of such excess usage.

3.6. “Intentionally Omitted”

4. VENA PROPRIETARY RIGHTS; SUBSCRIBER DATA SECURITY AND DATA BACKUPS.

4.1. Vena alone shall own all right, title and interest, including all related intellectual property rights, in and to the (a) Service, (b) Usage Data, (c) deliverables (except as otherwise expressly agreed in a Description of Services or Statement of Work), and (d) modifications, improvements, enhancements or upgrades, technology, customized templates, developments, derivative works, or other intellectual property related to the Services or any services or products provided by or through Vena. The Parties will not jointly create any intellectual property.

4.2. The Vena name, logo, and product names associated with the Service are trademarks of Vena and no right or license is granted to use them; however, Subscriber may publicly identify Vena as a service provider without Vena’s prior consent. Vena may only use Subscriber’s name, logo, and trademarks for business development, advertising and marketing purposes without Subscriber’s prior consent and in accordance with any written brand guidelines provided by Subscriber to Vena from time to time.

4.3. Vena, in its discretion, reserves the right to supply an Update to the Service to Subscriber when such Update is made generally available to Vena's customers, provided that such Update shall not materially diminish the functionality of the Services available as of the Effective Date. From time to time, Vena shall provide Subscriber with early access to major product release Updates so as to permit Subscriber to assess the utility and impact of each such Update.

4.4. Vena shall maintain daily backups of all Subscriber Data in its possession for the preceding twelve (12) months. If Subscriber’s use of the Service becomes interrupted (except to the extent caused by Subscriber or User actions), Vena shall use commercially reasonable efforts to restore a prior backup of Subscriber Data on a timely basis.

4.5. At any time during the Term, Subscriber may perform extracts of Subscriber Data within the Service using the Extract, Transform and Load (“ETL”) tool, which will enable Subscriber to export Subscriber Data in a flat-file format for Subscriber’s archival or audit purposes.

4.6. Vena shall establish and maintain appropriate physical, organizational, and technical measures designed to protect the security, confidentiality, and integrity of Subscriber Data in its possession from time to time against accidental or unlawful destruction, loss, alteration, unauthorized disclosure. Vena shall implement a process for regularly testing and evaluating the effectiveness of such measures. Subscriber shall ensure that neither it nor its Users shall enter any Subscriber Data that consists of or contains any personally identifiable information or personal data (as defined under Applicable Privacy Laws) into the Service, unless and until the Parties have entered into a Data Protection Addendum. To the extent that Vena processes any Personal Data (as defined in a Data Protection Addendum entered into between the Parties) as part of Subscriber Data in the provision of the Services hereunder, the terms of the Data Protection Addendum, which are hereby incorporated herein by reference, shall apply with respect to the processing of any such Personal Data.

4.7. Vena shall notify Subscriber no later than forty-eight (48) hours following confirmation of a security event that (a) compromises the confidentiality, integrity or availability of Subscriber Data, and (b) results in the confirmed disclosure of Subscriber Data to an unauthorized third party (“Data Security Breach”) and shall reasonably cooperate with Subscriber in the investigation and remediation of any such Data Security Breach, including using commercially reasonable efforts to restore the availability of and access to Subscriber Data in a timely manner.

5. CONFIDENTIALITY

5.1. Each Party shall keep confidential, shall not use for itself or the benefit of others, and shall not copy or allow to be copied, in whole or in part, any Proprietary Information other than as reasonably necessary to fulfill the terms of this Agreement, as permitted under the Applicable Privacy Laws. Neither Party shall, without the other Party's prior written consent, disclose, provide, or make available any of the Proprietary Information of the other Party in any form to any person, except to its Affiliates, bona fide employees, officers or subcontractors whose access is necessary to enable such Party to exercise its rights hereunder.

5.2. Each Party will use the same degree of care to protect the other’s Proprietary Information as it uses to protect its own Proprietary Information of like nature, but in no circumstances less than reasonable care.

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5.3. The obligations of confidentiality imposed upon the Parties by the foregoing paragraph shall not apply with respect to any Proprietary Information which:
(a)is known to the recipient thereof prior to receipt thereof from the other Party hereto; (b)is disclosed to said recipient by a third party who has the contractual right to make such disclosure; (c)is or becomes a part of the public domain or public knowledge through no fault of said recipient; (d)is independently developed by the recipient without reference to the disclosing Party’s Proprietary Information; or (e)is required to be disclosed under operation of law, as long as the Party affected has the opportunity to apply to the applicable legal entity for a protective order.

5.4. Additionally, and notwithstanding anything within this Agreement to the contrary, t is understood that Subscriber is subject to the Public Records Act (Gov. Code § 7920.000 et seq., “Public Records Act”). If a request under the Public Records Act is made to view Vena’s Proprietary Information, Subscriber shall notify Vena of the request and the date that any disclosable records will be released to the requester unless Vena obtains a court order enjoining that disclosure. If Vena fails to obtain a court order enjoining that disclosure, Subscriber will release the requested information on the date specified.

5.5. 5.6. Each Party will take appropriate action to address incidents of unauthorized access to the other’s Proprietary Information, including promptly notifying the other of the unauthorized access.

5.7. Upon the expiration or termination of the Agreement, each Party shall, upon request, use its commercially reasonable efforts to return, or destroy, or cause to be returned or destroyed, in a prompt manner, all materials in any medium that contain, refer or relate to the Proprietary Information of the other Party.

6. PAYMENT, TAXES AND RENEWALS.

6.1. Subscriber shall pay all Fees set forth in an Order Form in accordance with Section 6.2 or as otherwise set out in any mutually executed Description of Services or Statement of Work. Unpaid balances not otherwise the subject of a good faith dispute are subject to monthly interest at a rate equal to the lesser of: (a) two percent (2%) per month compounded monthly; or (b) the highest rate allowed by law, until paid in full. Subscriber shall pay any amounts incurred by Vena in the collection of past due amounts owed including, but not limited to, collection fees, bank charges, reasonable attorneys' fees and costs.

6.2. Subscriber will be invoiced for Year 1 Fees following the Effective Date, and Year 1 Fees shall be due and payable to Vena Due on receipt of invoice by Subscriber. All fees are in USD.

6.3. Subscriber is responsible for paying for all User licenses ordered for the entire Term, whether or not such User licenses are actively used. Subscriber may add additional User licenses at any time by executing an additional Order Form.

6.4. Subscriber shall pay all applicable federal, state, and municipal/local taxes on the Fees, including duties and tariffs, imposed upon this Agreement, the possession or use of the Service, and the Service provided hereunder. All Fees are exclusive of taxes. If applicable laws require the withholding of taxes under this Agreement, Vena shall notify Subscriber, and Subscriber shall pay the applicable withholding amount to Vena to enable Vena to remit the required withholding tax to the appropriate government authority. Subscriber agrees to provide Vena with complete and accurate billing and contact information. This information includes Subscriber’s legal name, street address, e-mail address, and name and telephone number of an authorized billing contact. Subscriber agrees to update this information and to notify Vena of any change within thirty (30) calendar days of any change of address.

7. TERM AND TERMINATION

7.1. The term of this Agreement and subscriptions shall start on the Effective Date and continue for an initial term of Twelve (12) months (the “Initial Term”). At the end of the Initial Term, this Agreement and applicable subscriptions for the Service shall be automatically renewed for additional one (1) year terms (each a “Renewal Term”) subject to this version of the Agreement then in effect. Collectively, the Initial Term and any Renewal Terms constitute the “Term”.

7.2. “Intentionally omitted.”

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7.3. Either Party may elect not to renew this Agreement by giving at least ninety (90) calendar days’ written notice to the other Party prior to the end of the then-current Term.

7.4. Vena may terminate this Agreement at any time (or, at its sole direction, choose to suspend both the Subscriber’s access to the Service as well as the performance of all or part of its obligations under this Agreement without cost or penalty) prior to the expiration of the then-current Term if:
(a) Subscriber defaults in any undisputed payment due to Vena and such default continues unremedied for at least fifteen (15) business days after receipt by Subscriber of written notice thereof; (b) Subscriber has breached any of its obligation in Sections 2, 3, 4 or 5 or its obligations related to the protection of Vena’s Proprietary Information and such failure or default continues unremedied for at least thirty (30) calendar days after receipt of written notice; or
(c) Subscriber is in material default with respect to any other provision of this Agreement and such failure or default continues unremedied for at least thirty (30) calendar days after receipt of written notice.

7.5. Subscriber may terminate this Agreement at any time prior to the expiration of the then-current Term if:
(a) Vena is in material default with respect to any provision of this Agreement and such failure or default continues unremedied for at least thirty (30) calendar days after receipt of written notice; or (b) Vena has breached any obligation related to the protection of Subscriber’s Proprietary Information as provided for herein and such failure or default continues unremedied for at least thirty (30) calendar days after receipt of written notice.

7.6. This Agreement terminates automatically, with no further action by either Party, if:
(a) A receiver is appointed for either Party or its property; (b) Either Party makes an assignment for the benefit of its creditors; (c) Any proceedings are commenced by, for, or against either Party under any bankruptcy, insolvency, or debtor’s relief law for the purpose of seeking a reorganization of such Party’s debts, and such proceeding is not dismissed within 90 calendar days of its commencement; or
(d) Either Party is liquidated or dissolved;

7.7 Upon expiration or termination of this Agreement, with no further action by either Party:
(a) all subscriptions for the Service, Statements of Work or Description of Services then in effect, shall automatically terminate:
(b) Subscriber’s license to Use the Service shall be revoked and subject to the limited access rights described in Section 7.6 (c), Subscriber shall immediately cease Use of the Service; (c) Subscriber shall have seven (7) calendar days to access the Service solely to retrieve the Subscriber Data and after such 7-day period, Vena will have no obligation to maintain or provide any Subscriber Data, and will thereafter delete or destroy all copies of Subscriber Data within the Service or otherwise within its possession or control, unless legally prohibited. Backups shall be kept for a period of one (1) year in accordance with Vena’s standard retention policy.

Expiration or termination of this Agreement shall not relieve Subscriber from its obligations arising hereunder before such expiration or termination, including but not limited to the responsibility for paying previously accrued Fees.

8. INDEMNIFICATION

8.1. Subscriber shall defend and hold Vena and its Affiliates, officers, directors, employees, and agents (the “Vena Indemnified Parties”) harmless from and against any third party claim alleging that Subscriber Data or use thereof infringes any patent, trademark or copyright, or misappropriates a trade secret, of a third party (a “Subscriber Data Claim”), and Subscriber shall indemnify the Vena Indemnified Parties against any and all costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) agreed in a settlement by Subscriber or awarded by a court of competent jurisdiction arising out of or in connection with such Subscriber Data Claim;

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provided that Vena (a) gives written notice of the claim promptly to Subscriber; (b) gives Subscriber sole control of the defence and settlement of the claim (provided that Subscriber may not settle or compromise any claim unless Subscriber unconditionally releases Vena of all liability); and (c) provides to Subscriber all reasonable assistance, at Subscriber’s expense. This Section 8.1 is Vena’s sole exclusive remedy and Subscriber’s entire liability for any Subscriber Data Claim.

8.2. Vena shall defend and hold Subscriber, its officers, directors, employees, and agents (the “Subscriber Indemnified Parties”) harmless from and against any third party claim alleging that the Service infringes any United States copyright, trademark or patent of a third party in effect as of the Effective Date (a “Third Party IP Infringement Claim”), and Vena shall indemnify the Subscriber Indemnified Parties against any and all costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) agreed in a settlement by Vena or awarded by a court of competent jurisdiction arising out of or in connection with such Third Party IP Infringement Claim; provided that Subscriber (a) promptly gives written notice of the claim to Vena; (b) gives Vena sole control of the defence and settlement of the claim (provided that Vena may not settle or compromise any claim unless it unconditionally releases Subscriber of all liability); and (c) provides to Vena all reasonable assistance, at Vena’s expense.

Notwithstanding the foregoing, Vena shall have no indemnification obligation with respect to a Third Party IP Infringement Claim where such infringement is caused in whole or in part by (x) modification of the Service by any party other than Vena without Vena’s express consent; (y) the combination, operation, or use of the Service with other product(s), data or services where the Service would not by itself be infringing; or (z) use of the Service in violation of the terms of this Agreement or not contemplated by the Documentation.

8.3. Should the Service or any part thereof become or, in Vena’s opinion, be likely to become, the subject of a Third Party IP Infringement Claim, Vena may, at its own expense and option, either:
(a)procure for Subscriber the right to continue using such Service; or (b)replace the same with non-infringing components or modify the Service so that it becomes non-infringing. If Vena determines that neither of these options are commercially reasonable, Vena may terminate this Agreement and require that use of the Service be terminated and, refund to Subscriber all pro-rated, prepaid Fees associated with the remaining unused portion of the Service for the then-current Term.

Sections 8.2 and 8.3 are Subscriber’s sole exclusive remedy and Vena’s entire liability for any Third Party IP Infringement Claim.

9. REPRESENTATIONS AND WARRANTIES

9.1. Vena represents, warrants and covenants that:
(a) it exists under the laws of its own jurisdiction and is not under any contractual obligation that would preclude it from entering into this Agreement;
(b) it has title to the Service or has acquired the right to license portions of the Service from third parties and Vena has full power and authority to grant to the Subscriber the rights granted hereunder; (c) it has not placed, nor is Vena aware of, any disabling code or any viruses in the Service which would alter, destroy, or inhibit the Service, or its use by Subscriber; provided, however, that Vena shall not be in breach of this warranty if Subscriber or any third party introduces any of the foregoing or malicious code into the Service; (d) to its knowledge as at the Effective Date, the Service does not infringe upon any United States copyright, registered patent, trademark, software mark or trade name owned by a United States third party; and (e) Vena personnel will exercise due care in the provision of any Services.

9.2. Subscriber represents, warrants and covenants to Vena as follows:
(a) Subscriber exists under the laws of its own jurisdiction and is not under any contractual obligation that would preclude it from entering into this Agreement or would interfere with the use of the Subscriber Data as provided under this Agreement;
(b) Subscriber owns or has properly licensed all rights in the Subscriber Data at all times during the Term; (c) Subscriber Data is not, nor will be, in violation of any applicable laws or third party intellectual property rights;

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(d) all Subscriber Data and Subscriber’s use of the Service does and will comply with all applicable laws, including Applicable Privacy Laws;
(e) no Subscriber Data entered into the Service by any Subscriber or User will at any time consist of or contain any personally identifiable information or personal data that may be subject to Applicable Privacy Laws, except as permitted under and in accordance with Section 4.6;
(f) Subscriber shall abide by, and shall be responsible for its compliance with, applicable laws and regulations regarding Subscriber’s access and use of Subscriber Data and the Service. Subscriber acknowledges that the Service is not designed or intended to process or manage any Protected Information. Subscriber acknowledges and agrees that Vena is not responsible for any liabilities arising from Subscriber’s violation of this Section 9.2(f); and (g) no Subscriber Data entered into the Service by any Subscriber or User will at any time consist of or contain any personally identifiable information or personal data that may be subject to GDPR; and (h) neither this Agreement nor the performance of or exercise of rights under this Agreement will violate, conflict with, or result in the breach of any term, condition, or provision of any agreement or legal obligation (whether or not existing as at the Effective Date) to which Subscriber is a party or by which it may be bound, or constitute a default thereunder.

THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION ARE LIMITED

WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY EITHER PARTY AND, WITH RESPECT TO VENA, REGARDING THE SERVICE AND ANY PART THEREOF. NEITHER PARTY MAKES ANY

OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND

EACH PARTY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT

LIMITATION, WITH RESPECT TO VENA, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VENA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL

OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, BUT DOES REPRESENT

TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT AND REMEDY ALL ERRORS WITH THE SERVICE, IN ACCORDANCE WITH APPENDIX A. VENA DOES NOT GUARANTEE ANY RESULTS

FROM THE SERVICES AND ACCEPTS NO RESPONSIBLITY OR LIABILITY IN RESPECT OF RESULTS OF THE SERVICES.

The representations and warranties set forth in Section 9.1 of this Agreement shall not apply if the Service is not used in accordance with the Documentation.

10. LIMITATIONS OF LIABILITY; INSURANCE.

10.1. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OR

GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL,

INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SUCH PARTY RECEIVED

ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD

PARTY (EXCEPT AS EXPRESSLY STATED HEREIN), WHETHER OR NOT ANY OF THE MATTERS

AFORESAID ARISES IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR MISREPRESENTATION

OR BREACH OF STATUTORY DUTY OR ANY DUTY UNDER GENERAL LAW OR ANY OTHER LEGAL THEORY.

10.2. VENA AND ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY ARISING UNDER OR RELATED TO THIS

AGREEMENT, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN

CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR MISREPRESENTATION OR BREACH OF

STATUTORY DUTY OR ANY DUTY UNDER GENERAL LAW OR ANY OTHER LEGAL THEORY, WILL

NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES FOR THE SERVICE PAID TO VENA IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE, EXCEPT THAT VENA’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH ITS DUTY TO INDEMNIFY AGAINST INFRINGEMENT AS PROVIDED FOR IN SECTION 8.2 SHALL NOT EXCEED ONE MILLION US DOLLARS (USD $1,000,000.00). THESE LIMITATIONS OF LIABILITY ARE CUMULATIVE AND NOT PER INCIDENT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT INCREASE THESE LIMITS.

EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY STATED IN THIS SECTION 10

REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT

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IN THE ABSENCE OF THOSE LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENT.

10.3.Vena Insurance Coverage. At all times during the Term and at its own expense, Vena shall maintain insurance coverage in the following minimum amounts:
•Commercial General Liability (CGL) with a limit of USD $5,000,000.00 per occurrence for bodily injury, including death resulting therefrom, personal injury, property damage and advertising injury.

Such coverage shall include contractual liability coverage recognizing this Agreement, products and/or completed operations liability and premises liability;
•Commercial Automobile Liability with a USD $2,000,000.00 combined single limit for bodily injury, including death resulting therefrom, and property damage, covering all non-owned and hired automobiles;
•Employers' Liability Insurance, which shall have limits of at least One Million US Dollars ($1,000,000.00) for each person;
•Professional Liability coverage concerning the acts, errors, and omissions of Vena and Vena’s liability for its employees, agents and subcontractors, which includes cyber liability coverage, with a limit of not less than USD $5,000,000.00 per claim. This Professional Liability Policy includes claims related to cyber liability protection and any theft, loss or unauthorized disclosure of Subscriber’s Proprietary Information that is in the care, custody or control of Vena.

Vena will provide not less than thirty (30) calendar days’ notice to Subscriber prior to any material change to its insurance coverage that would cause Vena to be non-compliant with the terms and conditions in this Section 10.3, including cancellation thereof without replacement. The Parties each acknowledge and agree that any insurance available or unavailable to either Party shall not affect the limitations of liability set forth in Sections 10.1 and 10.2 of this Agreement.

11. NOTICE

11.1. Vena may give notice by means of electronic mail to Subscriber’s e-mail address on record in Vena’s account information, or by written communication sent by first class mail or pre-paid post to Subscriber’s address. Subscriber may give notice to Vena at any time by any of the following: electronic mail to [email protected], letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Vena at the following addresses: 1971 Western Avenue, #1125, Albany, NY 12203 addressed to the attention of: The Contracts & Legal Department. Notices shall be deemed to have been given upon the expiration of 48 hours after emailing, mailing or posting (if sent by first class mail or pre-paid post).

12. DISPUTE RESOLUTION

12.1. Any controversy or claim arising out of or relating to this Agreement or involving any dispute regarding the interpretation or breach of this Agreement shall be resolved as follows:
(a) upon written request of either Party, both parties shall appoint a designated representative whose task it will be to meet for the purpose of resolving such dispute.
(b) formal proceedings for the resolution of a dispute may not be commenced until the earlier of:
i. the designated representatives concluding in good faith that amicable resolution through continued negotiations does not appear likely;
ii. the expiration of the 30-day period immediately following the initial request to negotiate the dispute.

In the event the parties are unable to resolve a dispute, a Party shall commence arbitration and each Party hereto agrees to be bound by the decision of the arbitrators and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law. Judgment upon the award of the arbitrators may be entered in any court of competent jurisdiction. Arbitrations shall take place in the State of California and the language of the arbitration shall be in English. The costs of arbitration shall be awarded by the arbitrator based on the success of each Party of the arbitration.

Notwithstanding the above, a Party may take immediate action to prevent damage to persons or property without dispute resolution.

13. GENERAL

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13.1.Amendments and Modifications. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party.

13.2.Assignment. This Agreement may not be assigned by either Party to any other person, persons, firms, or corporations without the express written approval of the other Party, which consent shall not unreasonably be withheld. Notwithstanding the foregoing, either Party may assign this Agreement without the prior consent of the other Party by operation of law or in connection with a merger, corporate reorganization, acquisition, or sale of all or substantially all of a Party’s assets.

13.3.Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California and the federal laws of the United States of America applicable therein . This Agreement shall be governed without regard to conflict of laws provisions or the United Nations Convention on Contracts for the International Sale of Goods and shall exclude the application of the Uniform Computer Information Transactions Act. The parties attorn to the exclusive jurisdiction of the courts of California in respect of any disputes arising under this Agreement.

13.4.Force Majeure. Except for Subscriber’s payment obligations, neither Party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such Party. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, terrorism, epidemics, pandemics, governmental regulations, power failure, earthquake, or other disasters. If the anticipated or actual delay or non-performance exceeds thirty (30) calendar days, the other Party may immediately terminate the Agreement by giving notice of termination and such termination will be in addition to the other rights and remedies of the terminating Party under the Agreement, at law or in equity.

13.5.Relationship of the Parties. This Agreement does not create or imply any agency, joint venture, partnership, or franchise relationship. This Agreement is intended for the benefit of the Parties and is not intended to benefit any third party. Neither Party has the authority to assume or create any obligation on behalf of the other Party.

13.6.Survival of Certain Provisions. The obligation to pay all accrued Fees, each Party’s proprietary rights, indemnification obligations, the limitations of liability and the confidentiality obligations set forth in the Agreement shall survive the termination of the Agreement by either Party for any reason.

13.7.Headings. The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever or to explain, modify, or place any construction on any of the provisions of this Agreement.

13.8.Entire Agreement. This Agreement forms the entire agreement between the Parties and supersedes all previous communications, oral or written, and all other communications between them relating to the subject matter hereof.

No representations or statements of any kind made by either Party that are not expressly stated herein shall be binding on such Party. No provisions in the Subscriber’s purchase orders or other business forms will supersede the terms and conditions of this Agreement.

13.9.Waiver. The waiver by either Party of a breach of any provisions of this Agreement by the other Party shall not operate or be construed as a waiver of any subsequent breach by such Party.

13.10.Export Laws. Subscriber may not use the Service, or otherwise export or re-export the Service, except as authorized by applicable export control laws and regulations, including Canadian laws and regulations. In particular, but without limitation, the Service may not be used, and the Service may not be exported or re-exported (a) into any Canada embargoed countries, or (b) into any country on the list of countries sanctioned by Global Affairs Canada, (c) into any US embargoed countries, or (d) to anyone on the US Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list or the US Department of Commerce’s Denied Persons, Entity, or Unverified Lists. Subscriber represents that neither it nor any of its Users are located in any such country or on any such list.

13.11.Counterparts. Any Order Form or other document relating to this Agreement may be executed in counterparts, each of which may be original or electronic and shall together constitute one and the same binding instrument.

13.12.Conflict Of Interest. Vena warrants that it, its officers, employees, associates and subcontractors, presently have no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the performance of this Agreement, and that it, its officers, employees, associates and subcontractors, will not employ any person having such an interest. Vena and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Vena’s services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.

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13.13.Order of Precedence. Any inconsistency or conflict in the provisions of these Master Subscription Agreement Terms and Conditions, an Order Form, an Appendix, a Statement of Work, a Description of Service and a Data Protection Addendum, shall be resolved to the extent of such inconsistency or conflict by giving precedence in the following order: the Data Protection Addendum (but solely in respect of the processing of any Personal Data (as defined in the Data Protection Addendum entered into between the Parties)), these Master Subscription Agreement Terms and Conditions, an Order Form, an Appendix, a Statement of Work and a Description of Service.

IN WITNESS WHEREOF, the Parties have executed this Master Subscription Agreement Terms and Conditions as of the Effective Date.

Vena Solutions USA Inc. (“Vena”) City of San Bruno (“Subscriber”) By: By:

Name: Name:

Title: Title:

Date: Date:

Address for Notice: 1971 Western Avenue, #1125,
Albany, NY 12203
Address for Notice: 567 El Camino Real San Bruno, CA
94066

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Appendix A

MAINTENANCE AND SUPPORT AGREEMENT
This Maintenance and Support Agreement ("Maintenance and Support Agreement”) applies to the Service only and is subject to the terms of the Master Subscription Agreement Terms and Conditions as agreed by and between the Parties, and shall be effective as of the Effective Date and continue for the duration of the Term.

1.Defined Terms. In this Maintenance and Support Agreement, the following definitions have the meanings set forth below. Any capitalized term used in this Maintenance and Support Agreement that is not defined herein shall have the meaning attributed to such term as set forth in the Terms:
(c) “Help Desk Support” shall mean the Vena location which initially processes questions and issues raised by authorized Users or Subscriber Contact(s) regarding the availability or functionality of the Service. (d) “Subscriber Contact” shall mean the individual(s) authorized by Subscriber to be the primary interface with Vena regarding the Service, and Subscriber shall provide Vena with the necessary contact information for this individual.

2.Help Desk Support. Vena personnel will be available to help Subscriber Contact(s) by phone or email to answer questions regarding the use of the Service and to help identify, verify, and resolve problems with the Service.

Telephone and email support are available 24 hours per day, Monday through Friday. Also includes unlimited case submissions and access to Vena’s customer portal.

Upon receipt of notice of an issue, Vena will assign a severity level according to the following criteria:
• Severity A – severe: an issue that results in the Service being substantially non-functional or inoperative. • Severity B – medium: an issue that results in a decrease in the performance in any functionality of the Service, but does not prevent the Subscriber from continuing to use the Service. • Severity C – minor: an issue that results in the Service operating or performing other than as described in the Documentation, but which does not have a material adverse effect on the performance of the Service.

Vena will use commercially reasonable efforts to correct reported errors or provide a work-around solution for each severity level subject to the following response times:

Severity A - within one (1) hour (during the business day) of being notified of a Severity A issue, Vena shall acknowledge its receipt of such notice to Subscriber. Vena will use commercially reasonable efforts during the business day to provide an acceptable workaround or resolution to the Severity A issue; Severity B - within three (3) hours (during the business day) of being notified of a Severity B issue, Vena shall acknowledge its receipt of such notice to Subscriber, and Vena will use commercially reasonable efforts during the business day to provide an acceptable workaround or resolution to the Severity B issue; Severity C – within two (2) business days of being notified of a Severity C issue, Vena shall acknowledge its receipt of such notice to Subscriber. Vena will prioritize the resolution of Severity C issues alongside other problems and feature requests.

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Travis M. Karlen
PREPARED BY: Travis Karlen, Community Services Director SUBJECT: Consider Adoption of a Resolution Authorizing the City Manager to Waive the City Rental and Special Event Fees in the Amount of $275 for a Ribbon-Cutting Ceremony and Celebration for the New Rotary Pavilion on October 26, 2024
BACKGROUND:

The San Bruno Rotary Club erected the original Rotary Pavilion in City Park in 1997. The original rotary pavilion was demolished to make way for the new San Bruno Recreation and Aquatic Center. As a result, the Rotary Club agreed to purchase a new Rotary Pavilion to be placed at an alternate location within City Park.

The Rotary Club invested $43,500 for the purchase of the new Rotary Pavilion. The City invested an additional $87,814 in sitework, redesign, assembly and revisions to the foundation. The Rotary Pavilion is expected to be completed in October 2024. As a result, the Rotary Club would like to hold a Ribbon Cutting Ceremony and Celebration on October 26, 2024. This is the 26th anniversary of the October 26, 1997 dedication of the original pavilion. The club is expecting approximately 60 attendees at the event.

DISCUSSION:

The City Council adopted fees in the Master Fee Schedule associated with the use of facilities and special events permitting. The City received a request from the Rotary Club for the Ribbon- Cutting Ceremony on October 26, 2024, from 10:00 a.m. to 1:00 p.m. Their event will include musical performances, guest speakers and a K-9 demonstration. The Rotary Club requested that the City waive all fees associated with the rental and the special events application for this one-time event. Waiving the requested payments by the Applicant means those costs will be paid by the City. Staff supports this request as a special one-time exception, in recognition of the Rotary Club’s financial contribution to reinstallation of the pavilion in City Park. 38 of 64
Item 6e.

Honorable Mayor and Members of the City Council
October 8, 2024

Page 2 of 2 ends

FISCAL IMPACT:

The Fiscal Impact associated with this recommendation is a loss of revenue for the waiver of the $225 rental fee as well as the $50 special event permit fee for a total of $275. The Rotary Club will be responsible for all other applicable costs associated with the event, including obtaining insurance for the event.

ENVIRONMENTAL IMPACT:

This action 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(a) of the State CEQA Guidelines. In addition, Section 15378(b)(4) provides that the definition of “project” does not include the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

RECOMMENDATION:

Adopt a Resolution Authorizing the City Manager to Waive the City Rental and Special Event Fees in the Amount of $275 for a Ribbon-Cutting Ceremony and Celebration for the New Rotary Pavilion on October 26, 2024.

ALTERNATIVES:

1. Do not approve the resolution.

2. Approve a partial waiver of City costs.

ATTACHMENTS:

1. Resolution

2. Email Request from the Rotary President

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2 7
4 3
RESOLUTION NO. 2024 -

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

THE CITY MANAGER TO WAIVE THE CITY RENTAL AND SPECIAL EVENT FEES IN THE AMOUNT OF $275 FOR A RIBBON-CUTTING CEREMONY AND CELEBRATION FOR THE NEW ROTARY PAVILION ON OCTOBER 26, 2024
WHEREAS, the San Bruno Rotary Club erected the original Rotary Pavilion in City Park in 1997; and
WHEREAS, the original rotary pavilion was demolished to make way for the new San Bruno Recreation and Aquatic Center; and
WHEREAS, the Rotary Club invested $43,500 for the purchase of the new Rotary Pavilion in San Bruno City Park; and
WHEREAS, the Rotary Club has requested to hold a Ribbon Cutting Ceremony and Celebration on October 26, 2024 at the Rotary Paviliion, thus marking the 26th anniversary of the October 26, 1997 dedication of the original pavilion.

WHEREAS, the Rotary Club requested that the City waive the $225 rental fee and the $50 special event permit fee associated with the rental and the special events application for this one-time event.

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

Approves a request to waive City fees in the amount of $275 for a Ribbon-Cutting Ceremony and Celebration for the New Rotary Pavilion on October 26, 2024. ---oOo---
I hereby certify that foregoing Resolution No. 2024 -
was adopted by the San Bruno City Council at a regular meeting on October 8, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

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

CITY OF SAN BRUNO
DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Travis M. Karlen, Community Services Director SUBJECT: Consider Adoption of a Resolution Approving the Revision of the Scope of Work for the Posy Park Improvement Project, Direct Staff to Make a Request to the County of San Mateo to Approve an Amendment to the Scope of Work, Appropriate an Additional $135,000 from the Community Facilities Impact Fee Fund and Appropriate $125,000 from the Public Art Fund to the Project
BACKGROUND:

At the April 21, 2021 Special Meeting of City Council, Staff presented several project design concepts for improvements to Posy Park to celebrate the space as a gateway to San Bruno.

Posy Park is a street level plaza flanked by concrete staircases and ramping that lead to the Caltrain platform. It is primarily a hardscaped area with few amenities to offer public use or engagement. The focal point of the plaza is a large fountain that is currently inoperative due to failure of its concrete structure, waterproofing sealant and plumbing infrastructure.

At their April meeting, Council selected an improvement option estimated at $500,000 that includes repurposing the fountain basins as landscaping elements, creating a site-specific artwork, and incorporating more purposeful seating elements to create a place with more interest for downtown visitors. The proposed improvement project was intended to transform the hardscaped plaza into an inviting park space to be enjoyed while waiting to meet family, friends, or colleagues who travel through this transportation portal.

The project is also intended to incentivize the use of public transportation by elevating the user experience. San Bruno is a hub for public transportation. It is home to a San Bruno BART Station and the Caltrain San Bruno Station. San Bruno is also proximate to Interstate 280 and 380 and Highway 101, allowing convenient commutes to major commerce hubs in the San Francisco Bay Area. The investment in renovating this plaza, and creating a positive experience for commuters and travelers, is integral to supporting the choice of public transportation over convenience of using one’s own vehicle.

At Council’s request, Staff included an unfunded initiative in the FY 2021-22 Capital Budget to address the site and to seek funding for the project. At the time, the project was also included in City Council’s 2021-2022 Strategic Initiatives and was identified as a priority project. This project was continued due to changes in staffing. The project aligns with the FY 2024-25 Council Strategic Initiative for downtown beautification. 42 of 64
Item 6f.

Honorable Mayor and Members of the City Council
October 8, 2024

Page 2 of 5 ends

The total cost estimate in 2021 for the Posy Park Improvement Project was $575,000. The City Council originally appropriated $375,000 from the Park In-Lieu Fund for the project; however, as this Fund was eliminated, the City Council replaced the funding with funds from the General Fund Capital Reserve in FY23. Additionally, the City applied for a Measure K grant in support of the Posy Park Improvement Project in 2021 and was awarded $200,000.

The 2021 estimates below were based on the feedback from City Council for the scope of work to include repurposing the fountain to planters, new furniture and fixtures, addition of bike lockers, addition of mosaic murals, updates to landscaping, new trash receptacles, and other site work.

ITEM COST ESTIMATE
Landscape Architectural Design Services 75,000
Repair and Resealing of Concrete Structure 86,000
Landscaping 250,000
Fixtures 75,400
Sub-total 477,400
15% Contingency 72,600
TOTAL 575,000
The figures did not include the cost for public art. It was intended that funding would be requested from the City’s Public Art Fund in the amount of $100,000 for the procurement of the public art component in concert with the execution of the project.

DISCUSSION:

Staff is recommending moving forward with the original scope of work for Posy Park with the exception of transitioning the fountain to planters and implementing sculpture rather than additional mosaics to the site. The following concerns were raised during the revitalization of the project in regard to the fountain reuse:
•The only irrigation lines to the project site are in the areas that are currently landscaped. There are no irrigation lines to the fountain and much of the site is concrete. The 2021 scope of work would require new water lines through the plaza which would involve demolition and repair of concrete. The 2021 funding allocation for this project would not be sufficient for the overall replacement of concrete for the project and isolated repairs to concrete will make the concrete areas unappealing.
•All fountain drains run to the sanitary sewer as their intent was to dispose of chemically treated water. It is not acceptable to drain irrigated planting areas into the sanitary sewer line as this would result in unnecessary capacity to a system with water that should run to the storm system.
•The depths of the basins are shallow, and the majority of material will not have adequate space to develop an adequate root system to promote sustainable plant health. Implementation of plantings to the fountain would result in low profile plantings and would require significant annual funding to replace and maintain plant materials. •Plantings in the area where the water cascades the pathway leading from the plaza to the platform will be challenging and costly to implement. The shallow nature and shape of the areas would require a major redesign and excavation of concrete to achieve. In the fountain’s

43 of 64

Honorable Mayor and Members of the City Council
October 8, 2024

Page 3 of 5 ends

current state, the soil would be extremely shallow and with the slope, water would not drain completely causing the roots of the plants to rot.

The Posy Park Improvements Project was revitalized in Fall 2023 with staff initiating an analysis of the condition of the fountain by WaterWorks, the original contractor, and the feasibility of repairing the fountain rather than transforming the fountain to planters.

WaterWorks has identified the issues associated with the fountain which include a break in the pipe under two of the upper basins, inadequate water proofing of the fountain resulting in rusting and rebar exposure, and discoloration due to the location of the fountain nozzles.

Staff requested and were granted an extension of the Measure K grant until June 30, 2025 for $200,000 in funding related to the project. Staff are recommending a request to Supervisor Pine’s office to amend the scope of work as shown in the table below. In the event the request is not approved through the County Board of Supervisors, staff will bring back additional options for the City Council to consider that are in line with the Measure K grant agreement.

Staff have been in contact with Cal Train. Cal Train has committed to installing bike lockers at the conclusion of the project at no cost to the City.

In 2021 staff explained to the Council that they would return with a request to utilize $100,000 from the public art fund to add additional mosaic artwork to the fountain. With the recommended change to the scope of work, staff are requesting funding in the amount not to exceed $125,00 from the Public Art Fund for the restoration of existing artwork and implementation of a sculpture in the park in lieu of additional mosaic artwork. If approved, staff will work with the Culture and Arts Commission to develop a scope of work for the public art portion of the project, followed by a formal RFP process to acquire or commission a sculpture appropriate for the site which would be subject to City Council approval.

The table below represents the 2021 Scope of Work compared to the proposed Scope of Work and estimates for the project.

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Honorable Mayor and Members of the City Council
October 8, 2024

Page 4 of 5 ends

2021 Scope of Work Proposed 2024 Scope of
Work
Proposed 2024 Estimated
Costs
Repurposing Fountain to
Planters
Repairing, Resurfacing,
Water Proofing and
Reimagining Fountain
$500,000
Furniture and Fixtures Furniture and Fixtures $35,000
Bike Lockers Bike Lockers – Purchased
by Cal Train
$0
Mosaic Murals Artwork Repair and
Acquisition of Sculpture
$125,000
Updated Landscaping Updated Landscaping
Design and Installation
$100,000
Continency and Design Contingency $75,000
FISCAL IMPACT:

The fiscal impact associated with this recommendation is a total estimated project cost not to exceed $835,000. Funding in the amount of $575,000 has already been appropriated by the City Council through $375,000 from the General Fund Capital Reserve Fund and an additional $200,000 from Measure K discretionary grant funding.

Staff are recommending an additional budget allocation of $125,000 from the Public Art Fund for artwork repair and acquisition of a sculpture and $135,000 from the Community Facilities Impact Fee Fund to ensure adequate funding for expanded project features to the Plaza.

ENVIRONMENTAL IMPACT:

The Project qualifies as an exemption pursuant to two Categorical Exemptions set forth in CEQA Guidelines, First, it qualifies as exempt per CEQA Guidelines Section 15301 Existing Facilities, Class 1 which exempts the minor alteration of existing public facilities, involving negligible expansion of existing use. Second, the Project will reconstruct a City plaza facility without an expansion of acreage, which qualifies for an exemption under Section 15302 Replacement or Reconstruction, Class 2.

RECOMMENDATION:

Adopt a Resolution Approving the Revision of the Scope of Work for the Posy Park Improvement Project, Direct Staff to Make a Request to the County of San Mateo to Approve an Amendment to the Scope of Work, Appropriate an Additional $135,000 from the Community Facilities Impact Fee Fund and Appropriate $125,000 from the Public Art Fund to the Project

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Honorable Mayor and Members of the City Council
October 8, 2024

Page 5 of 5 ends

ALTERNATIVES:

1. Reject the staff recommendation and move forward with the 2021 plan. If this alternate is chosen, staff will seek design services for the project. Additionally, staff will request another extension for the use of the Measure K funds to successfully complete the project. It should be noted that the current funding for the 2021 plan will not be sufficient when the project goes to bid and staff will be required to approach the City Council for additional funding.

2. Move forward with the staff recommendation and continue the public art component to a later date once the main portions of the project are completed.

ATTACHMENTS:

1. Resolution

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2 7
4 2
RESOLUTION NO. 2024 -

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

REVISION OF THE SCOPE OF WORK FOR THE POSY PARK IMPROVEMENT PROJECT,

MAKE A REQUEST TO THE COUNTY OF SAN MATEO TO APPROVE AN AMENDMENT TO THE SCOPE OF WORK, APPROPRIATE AN ADDITIONAL $135,000 FROM THE COMMUNITY FACILITIES IMPACT FEE FUND AND APPROPRIATE $125,000 FROM THE PUBLIC ART FUND

TO THE PROJECT AND DETERMINING THE PROJECT IS EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, in 2019, the Downtown Streetscape Plan was approved that included the addition of streetscape amenities, landscaping, street trees, lighting and paving improvements, as well as other pedestrian-oriented improvements such as crosswalks; and WHEREAS, due to the estimated cost of a plan of this size, the plan was placed on hold until it is fiscally attainable; and
WHEREAS, in 2021, funding was secured in the amount of $575,000 through a combination of Measure K grant funding and Park-in-Lieu Funding; and WHEREAS, the project was placed on hold due to other priorities and staffing changes; and
WHEREAS, in February 2024, Community Services staff made a presentation to the San Bruno Community Foundation to consider funding for downtown improvements which resulted in a grant award of $350,000; and
WHEREAS, in Fall 2023, staff revisited the project and began work in reviewing the scope of work presented in 2021 which included reuse of the fountain as planters, new site furnishings, updates to landscaped areas and public art; and
WHEREAS, staff is recommending updates and repairs to the fountain in lieu of the repurposing for planters; and
WHEREAS, staff is recommending shifting the public art component from mosaic murals to a sculpture; and
WHEREAS, the Project qualifies as an exemption pursuant to two Categorical Exemptions set forth in CEQA Guidelines, First, it qualifies as exempt per CEQA Guidelines Section 15301 Existing Facilities, Class 1 which exempts the minor alteration of existing public facilities, involving negligible expansion of existing use. Second, the Project will reconstruct a City plaza facility without an expansion of acreage, which qualifies for an exemption under Section 15302 Replacement or Reconstruction, Class 2.
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ATTACHMENT 1
2 7
4 2
NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council hereby:

1. Revises the scope of work for the Posy Park Improvement project to include repairs and updates to the fountain and change the public art component from additional mosaic murals to a sculpture;

2. Directs staff to make a request the County of San Mateo to approve an amendment to the scope of work;

3. Approves the appropriation of an additional $135,000 from the Community Facilities Impact Fee Fund toward the project;

4. Approves the appropriation of an $125,000 from the Public Art Fund to the Project for mosaic repair and acquisition of a sculpture;

5. Determines the project is exempt under the California Environmental Quality Act. ---oOo---
I hereby certify that foregoing Resolution No. 2024 -
was adopted by the San Bruno City Council at a regular meeting on October 8, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________________
Lupita Huerta, City Clerk

48 of 64

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Travis M. Karlen, Community Services Director SUBJECT: Consider Adoption of a Resolution Accepting a Grant from the San Bruno Community Foundation for RAC Ramp Up to Operations in the Amount of $2.25 Million, Authorizing Expenditure of the San Bruno Community Foundation Grant of $1 Million for Fiscal Year 2024-25, Granting the Authority to the Community Services Director to Implement Subsidies, Promotions and Programs Within the Grant Provisions and Granting Authority to the City Manager to Execute Contracts in Cooperation Within the Grant Provisions
BACKGROUND:

The San Bruno Recreation and Aquatic Center (RAC) is a new, state-of-the-art facility that opened to the public in August of 2024. Funded primarily by a $51.5 million grant from the San Bruno Community Foundation, the $61 million project represents a momentous investment in the community’s health and well-being.

Prior to construction, a strategic business plan was developed in 2021 to guide the facilities operations. In 2023, a detailed RAC Implementation Plan was created to address the first three years of operation. This plan anticipated a late 2023 opening and a 66% target cost recovery rate.

However, due to staffing changes and unforeseen delays, the facility’s full opening was pushed back to August of 2024. The current staff has also had to adjust some of the membership and facility use fee models outlined in the Implementation Plan to better match the facilities layout and access points.

DISCUSSION:

The City recognizes that there will be an extended ramp-up period to attract community members to utilize the new facility. As the facility offers a variety of programmatic and rental space opportunities not previously offered, it is likely that different program models and/or fee schedules may need to be tested to achieve solid financial footing.

To ensure a successful transition and bolster the facilities long term success as a vital community resource, the City sought funding to support its first three years of operations. This operational ramp-up funding will allow the City time and flexibility to fine tune its financial and operational models while building a solid foundation for long term sustainability. 49 of 64
Item 6g.

Honorable Mayor and Members of the City Council
October 8, 2024

Page 2 of 3 ends

This initiative aims to boost membership, facility usage, and access through strategic marketing, community engagement, special programs, membership events, and efforts to increase facility use and program participation. The goal is to reduce and stabilize the subsidy over a three-year period. During this time, the administration will work to improve operational efficiencies adjust programming to better meet the needs of San Bruno residents and explore potential partnerships. Additionally, a portion of the funding will be allocated to developing a comprehensive marketing plan and revising the business plan for the facility.

The San Bruno Community Services Department successfully secured a generous grant of $2.25 million from the San Bruno Community Foundation to support the ongoing operational ramp-up of the new San Bruno Recreation and Aquatic Center (RAC). This grant funding is a significant step in ensuring the success of this vital community resource.

This is a reimbursable grant that is allocated for not to exceed:
•$1.0 million for Fiscal Year 2024/25
•$0.76 million for Fiscal Year 2025/26
•$0.50 million for Fiscal Year 2026/27
In order for the Community Services Department to efficiently and effectively implement the grant funding to increase participation and use of the facility, staff is recommending that the City Council accept the Grant Funding for FY 2024/25 in the amount not to exceed $2.25 million for the three-year duration and officially acknowledge the generous support provided by the San Bruno Community Foundation.

Additionally, in order to meet the scope of work identified in the grant, the Community Services Director is seeking authorization to implement subsidies, special programs, enhanced scholarships, and transportation programs, and membership specials. The 1st year plan will include more specifically feasibility and implementation of the following:
•Youth Swimming Lesson Subsidies
•Child Watch Implementation
•Transportation for Seniors
•Subsidized programs for Seniors
•Admission Subsidies for Family Member Observation
•Marketing Plan and Public Relations
•Subsidized programs for Special Needs Participants
•Membership Accessibility Programs
•Enhanced RAC Program Scholarships
•Feasibility of Corporate Memberships Programs
•Signature RAC Events for Members
•Guest Passes for Members
•Subsidized Fitness Instruction – Included in a Membership Model Some items on the list require additional purchasing or contracts for services to successfully execute. In order to efficiently implement these programs, staff is requesting authorization to execute contracts in line with grant funding.

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Honorable Mayor and Members of the City Council
October 8, 2024

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FISCAL IMPACT:

The fiscal impact associated with this item is cost neutral to the Recreation and Aquatic Center Special Revenue Fund. The grant award of $1.0 million in FY25 will offset all eligible expenditures on a reimbursement basis. The grant funding received would be used to support specific programmatic and outreach strategies in three primary areas: programs, memberships, and facility rentals. It is expected that the facility will achieve full revenue realization within the second or third year of full operations, once membership is established and ongoing rentals and recreation programs are fully underway.

ENVIRONMENTAL IMPACT:

The Project is exempt from the California Environmental Quality Act (CEQA).

RECOMMENDATION:

Adopt Resolution Accepting a Grant from the San Bruno Community Foundation for RAC Ramp Up to Operations in the Amount of $2.25 Million, Authorizing Expenditure of the San Bruno Community Foundation Grant of $1 Million for Fiscal Year 2024-25, Granting the Authority to the Community Services Director to Implement Subsidies, Promotions and Programs within the Grant Provisions and Granting Authority to the City Manager to Execute Contracts in Cooperation within the Grant Provisions.

ALTERNATIVES:

The City Council could choose to reject the grant funding and continue to operate under the adopted budget, and carefully program the space until revenue streams are more stable. This approach will likely result in a longer ramp-up period and potentially a higher overall subsidy.

ATTACHMENTS:

1. Resolution

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RESOLUTION NO. 2024 - __

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

ACCEPTANCE OF A GRANT FROM THE SAN BRUNO COMMUNITY FOUNDATION FOR RAC RAMP UP TO OPERATIONS IN THE AMOUNT OF $2.25 MILLION, AUTHORIZING EXPENDITURE OF THE SAN BRUNO COMMUNITY FOUNDATION GRANT OF $1 MILLION FOR FISCAL YEAR 2024-25, GRANTING THE AUTHORITY TO THE COMMUNITY

SERVICES DIRECTOR TO IMPLEMENT SUBSIDIES, PROMOTIONS AND PROGRAMS

WITHIN THE GRANT PROVISIONS AND GRANTING AUTHORITY TO THE CITY MANAGER

TO EXECUTE CONTRACTS IN COOPERATION WITHIN THE GRANT PROVISIONS WHEREAS, the San Bruno Recreation and Aquatic Center, a new, state-of-the- art facility opened to the public in August 2024; and
WHEREAS, the $61 million project funded by a $51.5 million grant from the San Bruno Community Foundation represent a momentous investment in the community’s health and well-being; and
WHEREAS, the City realized that there will be an extended ramp-up period to attract community members to utilize the new facility; and WHEREAS, the San Bruno Community Services Department successfully secured a generous grant of $2.25 million from the San Bruno Community Foundation to support the ongoing operational ramp-up of the new San Bruno Recreation and Aquatic Center (RAC).

WHEREAS, this grant funding is a significant step in ensuring the success of this vital community resource. This is a reimbursable grant that is allocated for not to exceed $1.0 million in year one, $0.75 in year two and $0.50 in year three.

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

1. Accepts the Grant from the San Bruno Community Foundation for RAC Ramp Up to Operations in the Amount of $2.25 Million;

2. Authorizes Expenditure of the San Bruno Community Foundation Grant of $1 Million for Fiscal Year 2024-25;

3. Grants the Authority to the Community Services Director to Implement Subsidies, Promotions and Programs within the Grant Provisions; and

4. Grants Authority to the City Manager to Execute Contracts in Cooperation within the Grant Provisions.

5. Determining the project is exempt under the California Environmental Quality Act. ---oOo---
I hereby certify that foregoing Resolution No. 2024 - __ was adopted by the San Bruno City Council at a regular meeting on October 8, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

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

CITY OF SAN BRUNO
DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Ashley Crociani, Management Analyst
SUBJECT: Consider Adoption of a Resolution Rescinding Resolution No. 2023-104 and Appointing a Director and an Alternate Director to Serve on the Board of Directors of the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA) on Behalf of the City of San Bruno BACKGROUND:

The City Council approved the City’s participation in the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA) on November 28, 2017. PLAN JPA provides a stable, cost- effective self-insurance, risk sharing, and risk management program for the City. They provide risk management services related to liability, property, automobile, physical damage and other ancillary lines of insurance coverage. PLAN membership currently includes 28 municipalities located in the bay area of Northern California.

On September 26, 2023, the City Council adopted Resolution No. 2023-104 rescinding Resolution No. 2018-73 and appointing Directors to PLAN JPA on behalf of the City of San Bruno. The City Council appointed the Assistant City Manager as the Primary Director and the Chief Financial Officer (now Administrative Services Director & CFO) as the Alternate Director.

DISCUSSION:

The City Council is required to formally adopt a resolution appointing the City’s representatives to serve on the Board of Directors of PLAN JPA on behalf of the City. The resolution must indicate which City positions within the City are to serve on the PLAN JPA Board of Directors as the Primary Director and the Alternate Director. PLAN JPA members have generally appointed individuals in a variety of positions to the Board as voting members and alternates, such as city managers, assistant city managers, city attorneys, CFOs, human resources directors, or administrative services managers.

With the establishment of the new Administrative Services Department in the Adopted Fiscal Year 2024-25 Budget, the oversight of Risk Management has been integrated into its responsibilities. Therefore, it is recommended that the Assistant Administrative Services Director be appointed as the Primary Director and the Human Resources Manager be designated as the Alternate Director. The recommended classifications provide necessary remove the Assistant City Manager and the Administrative Services Director & CFO capacity to 53 of 64
Item 6h.

Honorable Mayor and Members of the City Council
October 8, 2024

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7 focus on other projects. The Primary and Alternate Directors will coordinate risk management and JPA business with the Administrative Services Director & CFO.

FISCAL IMPACT:

There is no fiscal impact from the adoption of the resolution.

ENVIRONMENTAL IMPACT:

Adoption of the proposed resolution is not considered a “project" under the California Environmental Quality Act (CEQA) Guidelines and is therefore exempt from CEQA requirements.

As provided by CEQA Guidelines Section 15378(b)(5), a “project” does not include “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” Adoption of the resolution is therefore exempt from CEQA and no further environmental analysis is required.

RECOMMENDATION:

Adopt a Resolution Rescinding Resolution No. 2023-104 and Appointing a Director and an Alternate Director to Serve on the Board of Directors of the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA) on Behalf of the City of San Bruno.

ALTERNATIVES:

1. Designate different classifications as the Primary and Alternate PLAN JPA Directors.

ATTACHMENTS:

1. Resolution No. 2023-104

2. Resolution

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RESOLUTION NO. 2024 - ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO RESCINDING RESOLUTION NO. 2023-104 AND APPOINTING A DIRECTOR AND

AN ALTERNATE DIRECTOR TO SERVE ON THE BOARD OF DIRECTORS

OF THE POOLED LIABILITY ASSURANCE NETWORK JOINT POWERS AUTHORITY (PLAN JPA) ON BEHALF OF THE CITY OF SAN BRUNO
WHEREAS, the City of San Bruno is a member of the Pooled Liability Assurance Network Joint Powers Authority (“PLAN JPA”) per Resolution 2017-115 adopted on November 28, 2017; and WHEREAS, Plan JPA has provided the City with a stable, cost-effective self-insurance, risk sharing, and risk management program for the City; and
WHEREAS, the operations of these programs are governed by a Board of Directors consisting of one voting representative (“Director”) from each member agency; and WHEREAS, participation on the PLAN JPA Board of Directors is carried out by City employees as part of their regular duties and does not result in any remuneration to the employee; and WHEREAS, on September 26, 2023, the City Council adopted Resolution No. 2023-104 rescinding Resolution No. 2018-73 and appointing Directors to PLAN JPA on behalf of the City of San Bruno. The City Council appointed the Assistant City Manager as the Primary Director and the Chief Financial Officer (now Administrative Services Director & CFO) as the Alternate Director; and
WHEREAS, with the establishment of the new Administrative Services Department, the oversight of Risk Management has been integrated into its responsibilities.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Bruno rescinds Resolution No. 2023-104.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Bruno does hereby designate the following individuals as appointees to the PLAN JPA Board of Directors:

Title Designation:

Assistant Administrative Services Director Director
Human Resources Manager Alternate Director
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager to designate, from time to time, different positions as appointees in writing submitted to PLAN JPA, pending adoption of a City Council Resolution. —oOo—
I hereby certify that foregoing Resolution No. 2024 - ____ was adopted by the San Bruno City Council at a regular meeting on October 8, 2024, by the following vote:

AYES: Councilmembers:
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ATTACHMENT 2
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NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Lupita Huerta, City Clerk
SUBJECT: Consider Re-appointing Upcoming Expiring Members and Make New Appointments to Fill Current Vacancies on Commissions Boards and Committees on the Culture & Arts Commission; Emergency
Preparedness Committee; Parks & Recreation Commission; and Revenue Measure Oversight Committee
BACKGROUND:

The City of San Bruno has 9 Advisory Commissions, Boards and Committees, commonly referred to as “CBCs”. The 9 Advisory Commissions, Boards and Committees include:
• Bicycle & Pedestrian Advisory Committee, 7 Members
• Crime Prevention Committee, 7 Members
• Revenue Measure Oversight Committee, 7 Members
• Culture & Arts Commission, 7 Members
• Emergency Preparedness Committee, 5 Members
• Parks & Recreation Commission, 8 Members plus 1 Youth • Planning Commission, 7 Members
• Senior Advisory Board, 7 Members
• Traffic, Safety & Parking Committee, 5 Members
As the governing body for the City of San Bruno, the San Bruno City Council appoints members to CBCs. In October of every even year, half of the City’s current CBC Members’ terms expire, and a recruitment to fill those seats occurs. At that time expiring members who wish to be reappointed to serve another term are invited to submit a new application for possible reappointment to the committee, board, or commission that they currently serve. Additionally, when positions on CBCs become vacant from time to time, the City Clerk’s Office notifies the City Council of the vacancy, and administers a new recruitment for the vacant position(s).

At present, there are several vacant positions on CBCs (listed below) and, on October 31, 2024, the four-year terms for 23 terms of existing appointees will expire. Several existing members have applied to be reappointed, some members have elected not to be reappointed, and there are new applicants for some vacant and expiring CBC positions.

DISCUSSION:

The City Council conducted interviews during its Special City Council meeting on October 2, 2024 for vacancies on the following:
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Item 7a.

Honorable Mayor and Members of the City Council
October 8, 2024

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2 •Culture & Arts Commission;
•Emergency Preparedness Committee;
•Parks & Recreation Commission; and
•Revenue Measure Oversight Committee
On October 8, 2024, the City Council will consider new appointments to the following above referenced CBCs as well as consider re-appointments to expiring seats on the following:
•Bicycle & Pedestrian Advisory Committee
•Crime Prevention Committee
•Culture & Arts Commission
•Emergency Preparedness Committee
•Parks & Recreation Commission
•Planning Commission
•Revenue Measure Oversight Committee
•Traffic Safety & Parking Committee
The reappointment process is fully detailed in Attachment 1 to this report, Section 8 of the City Council Policies and Procedures Manual.

New applicants to these bodies can be found on Attachment 2.

Additional interviews will be scheduled throughout the year should the City Clerk’s Office receive additional new applications to fill any current or future vacancies.

FISCAL IMPACT:

There is no fiscal impact.

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:

Re-appoint Expiring Members and Make New Appointments to Fill Current Vacancies on Commissions Boards and Committees on the Culture & Arts Commission; Emergency Preparedness Committee; Parks & Recreation Commission; and Revenue Measure Oversight Committee.

ALTERNATIVES:

1. Direct staff to assist in scheduling additional interviews for consideration of appointments.

2. Direct staff to launch another new recruitment for CBC members.

ATTACHMENTS:

1. Section 8 of the City Council Policies and Procedures Manual

2. Matrix of Applicants for the Commissions, Boards and Committees being Considered for Appointment

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CITY OF SAN BRUNO

CITY COUNCIL

POLICIES AND PROCEDURES
Section 8. Appointments to City Commissions, Boards and Committees (CBCs)
Appointments per San Bruno Municipal Code Process

1. In accordance with the San Bruno Municipal Code, the Mayor shall make all appointments to and removals from City boards, commissions, and committees, subject to approval by the City Council. (SB MuniCode

2.04.120 and CA Gov’t Code §40605)

2. Use of the Alternative Appointment Process for Commission, Board or Committee Members
a. The Mayor may elect to use the Alternative Appointment Processes outlined in Sections 7.B and 7.C.
b. A majority of the City Council may only elect to use the Alternative Appointment Process after the Mayor has proposed an
appointment(s) that the City Council has not approved in accordance with SB MuniCode 2.04.120 and CA Gov’t Code §40605.

3. Removals from City boards, commissions, and committees shall follow the process outlined in SB MuniCode 2.04.120 as well as applicable Federal and State law.

Alternative Appointment Process for Commission, Board or Committee Members
Does not apply to San Bruno Community Foundation Board of Director Appointments, see Section 7.C.

Round One: Nominations
o Mayor or Presiding Officer of the Meeting to facilitate nominations o Council members to be given the opportunity to make a Motion for Consideration for Appointment for any applicant
▪ Requires a Second
Note: Any applicant that receives a Motion and a Second advances to Round 2 (no vote of the full City Council taken at this time). During the nomination process, Council members will not be called upon in alpha order. Members must ask to be recognized through the Presiding Officer if they would like to make a nomination. 60 of 64
ATTACHMENT 1
2 3
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Round Two: Simultaneous Voting Process for Nominees
oCity Clerk to call Council members alphabetically, with the Vice Mayor and Mayor last.
oOnce called upon, Council members shall vote for their preferred nominee or abstention.
oIn the event of a tie or if no single nominee receives three votes from the City Council, the appointment process proceeds to Round Three. ▪The nominee(s) that receive the lowest number of votes (or are tied for the lowest number of votes) shall be eliminated.

Note: If five nominees each receive one vote, all five
nominees advance to Round Three.

Round Three: Simultaneous Voting Process for Nominees, if needed oCity Clerk to call Council members alphabetically, with the Vice Mayor and Mayor last.
oOnce called upon, Council members shall vote for their preferred nominee or abstention.
oIn the event of a tie or if no single nominee receives three votes from the City Council, the appointment process proceeds to Round Four. ▪The nominee(s) that receive the lowest number of votes (or are tied for the lowest number of votes) shall be eliminated.

Note: If five nominees each receive one vote, all five
nominees advance to Round Four.

Round Four: Simultaneous Voting Process for Nominees, if needed oCity Clerk to call Council members alphabetically, with the Vice Mayor and Mayor last.
oOnce called upon, Council members shall vote for their preferred nominee or abstention.
oIn the event of a tie or if no single nominee receives three votes from the City Council, the appointment process ends and Council shall provide direction to staff whether to leave the position vacant or conduct a new recruitment process to fill the vacancy.

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2 7
5 0
Commission, Board & Committee
Incumbents and New Applicants
CBC Applicant Incumbent New Applicant
Bicycle & Pedestrian
Advisory Committee
(BPAC)
4 Open Seats
3 incumbents seeking reappointment
1 Vacancy: Seat expires 10/31/2024
Matt Gaines X
Paul Rose X
Nina Stupi X
Crime Prevention
Committee
4 Open Seats
4 incumbents seeking reappointment
0 vacancies
Peter Carey X
June Chen X
Maria Concha X
Richard Wong X
Culture & Arts Commission 4 Open Seats
1 incumbent seeking reappointment
3 Vacancies: 2 seats expire 10/31/2024 and 1 seat expires 10/31/26 Pamela Gamble X
Nader Abumuoilish X
Claudia Audelo X
Nancy Foreman X
Nicole Hanhan X
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ATTACHMENT 2
2 7
5 0
Rema Mansi X
Stephen Seymour X
Emergency Preparedness
Committee
3 open seats
2 incumbents seeking reappointment
1 Vacancy: Seat expires 10/31/2024
George Peponis X
Malcolm Robinson X
Gregory Burns X
Michelle Carranza 2nd choice
Philip Freeman X
Steve Paganelli X
Luis Saavedra X
Parks & Recreation
Commission
4 Open Seats + 1 Youth Representative
1 incumbent seeking reappointment
3 Vacancies: 3 seats expire 10/31/2024
1 Youth Representative Vacancy: Seat expires upon high school graduation Jessica Martinucci X
Nader Abumuoilish 2nd choice
Michelle Carranza X
John Seevers X
Garrett Toy X
Lily Cheng Zedler X
Planning Commission 3 open seats
3 incumbents seeking reappointment
0 Vacancies
Auros Harman X
Mary Lou Johnson X
Kelly Lethin X

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2 7
5 0
Revenue Measure
Oversight Committee
4 open seats
3 incumbents seeking reappointment
1 Vacancy: Seat expires on 10/31/2024
Tony Clifford X
Jim Evangelist X
Vaughn Gregory X
Lily Cheng Zedler 2nd choice
Traffic Safety & Parking 2 Open Seats
1 incumbent seeking reappointment
1 Vacancy: Seat expires 10/31/2024
Roberta Hannibal X

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San Bruno City CouncilOctober 8, 2024

San Bruno City Council
October 8, 2024