Cities Index.
Agenda, regular meeting, first session

San Bruno City Council
March 11, 2025

Document
Agenda, regular meeting, first session
Meeting
March 11, 2025
Body
San Bruno City Council
Pages
6
Original file
18.8 MB
Text extracted from the city's file for reading and search. Open the original on www.sanbruno.ca.gov. That file is the official record.

"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
March 11, 2025
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation and 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*
**Zoom Link
https://sanbruno­ca­gov.zoom.us/j/87209913719?
pwd=4ayKkOtkDLbLeafubs2SbdbaOYb5ft.1
Phone Line: 1­646­558­8656
Webinar ID: 872 0991 3719
Webinar Password:  110224
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk.  Public comment may also be emailed to  [email protected] . Comments received via email will not be read
aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 616­7061 or [email protected] .
*Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the City to at least a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at the City Clerk's Office at City Hall located at 567 El Camino Real, San Bruno, California during normal business hours. In addition, the City may also post such documents on the City’s Website at  sanbruno.ca.gov/AgendaCenter .

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed 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. San Mateo County Supervisor Jackie Speier will be holding a Town Hall at the San Bruno Recreation and Aquatic Center on March 13, 2025 from 6:00 pm to 7:00 pm

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 February 24, 2025; February 25, 2025 and Regular Meeting Minutes for February 25, 2025
b. Approve Accounts Payable for February 25, 2025 and March 3, 2025 c. Accept Payroll for February 28, 2025
d. Approve Reconciliation of General Ledger to Bank Report Dated December 31, 2024 e. Approve Investment Report dated February 28, 2025
f. Consider Adoption of Resolutions:

Initiating Property Owner Notice and Protest Process as Required by Proposition 218 for an Increase to Garbage Rates Pursuant to the Agreement for Solid Waste Collection Services with Recology San Bruno, Effective July 1, 2025 Approving a Second Amendment to the Amended and Restated Solid Waste Collection Services Agreement Between the City of San Bruno and Recology San Bruno g. Consider Adoption of a Resolution Approving Final Map and Authorizing the City Manager to Execute an Improvement Agreement for the Highland Ridge Project at 850 Glenview Drive h. Consider Adoption of a Resolution:

Approving the Design of the Sweeney Ridge Emergency Water Main Rehabilitation Project;
Authorizing the City Manager to Execute a Construction Contract with Golden Bay Construction, Inc for the Sweeney Ridge Emergency Water Main Rehabilitation Project in the amount not to exceed $1,445,200;
Approving a Construction Contingency of $217,000; and
Determining the Project is Exempt Under the California Environmental Quality Act i. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement for Consultant Services with Robert Half for Temporary Contractual Staffing Services for Various City Departments in an Amount not to Exceed $299,000

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Continue the Public Hearing to Consider Adoption, Reading by Title Only and Waiving a Further Reading of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Adopting by Reference Chapter 4.98 of the San Mateo County Ordinance Code (Tobacco Retailer Permit); Repealing and Replacing in its Entirety San Bruno Municipal Code Chapter

6.52 (Tobacco Retailer Permit) in Connection with such Adoption; and Finding the Amendment Exempt from the California Environmental Quality Act” to April 8, 2025

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Consider Appointments to Fill Current Vacancies on the San Bruno Community Foundation; and Commissions, Boards and Committees ­ Emergency Preparedness Committee and Parks & Recreation Commission, Youth Representative
b. Receive a Mid­Year Financial Update and Consider Adoption of a Resolution Amending the Fiscal Year 2024­25 Budget
c. Receive Report on the City's Long­Range Forecast for Fiscal Years 2024­25 through Fiscal Year 2029­30
d. Receive Proposed Measure Q Spending Plan and Provide Direction for Incorporation in the Fiscal Year 2025­26 Capital Improvement Program​
e. Receive Input from the Revenue Measure Oversight Committee and Provide Direction to Include the Fiscal Year 2025­26 Measure G Revenue Spending Plan in the City Manager’s Recommended Budget

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 25, 2025 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 March 6, 2025, by 8:00 pm.

1 of 154

"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
March 11, 2025
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation and 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*
**Zoom Link
https://sanbruno­ca­gov.zoom.us/j/87209913719?
pwd=4ayKkOtkDLbLeafubs2SbdbaOYb5ft.1
Phone Line: 1­646­558­8656
Webinar ID: 872 0991 3719
Webinar Password:  110224
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk.  Public comment may also be emailed to  [email protected] . Comments received via email will not be read
aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 616­7061 or [email protected] .
*Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the City to at least a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at the City Clerk's Office at City Hall located at 567 El Camino Real, San Bruno, California during normal business hours. In addition, the City may also post such documents on the City’s Website at  sanbruno.ca.gov/AgendaCenter .

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed 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. San Mateo County Supervisor Jackie Speier will be holding a Town Hall at the San Bruno Recreation and Aquatic Center on March 13, 2025 from 6:00 pm to 7:00 pm

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 February 24, 2025; February 25, 2025 and Regular Meeting Minutes for February 25, 2025
b. Approve Accounts Payable for February 25, 2025 and March 3, 2025 c. Accept Payroll for February 28, 2025
d. Approve Reconciliation of General Ledger to Bank Report Dated December 31, 2024 e. Approve Investment Report dated February 28, 2025
f. Consider Adoption of Resolutions:

Initiating Property Owner Notice and Protest Process as Required by Proposition 218 for an Increase to Garbage Rates Pursuant to the Agreement for Solid Waste Collection Services with Recology San Bruno, Effective July 1, 2025 Approving a Second Amendment to the Amended and Restated Solid Waste Collection Services Agreement Between the City of San Bruno and Recology San Bruno g. Consider Adoption of a Resolution Approving Final Map and Authorizing the City Manager to Execute an Improvement Agreement for the Highland Ridge Project at 850 Glenview Drive h. Consider Adoption of a Resolution:

Approving the Design of the Sweeney Ridge Emergency Water Main Rehabilitation Project;
Authorizing the City Manager to Execute a Construction Contract with Golden Bay Construction, Inc for the Sweeney Ridge Emergency Water Main Rehabilitation Project in the amount not to exceed $1,445,200;
Approving a Construction Contingency of $217,000; and
Determining the Project is Exempt Under the California Environmental Quality Act i. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement for Consultant Services with Robert Half for Temporary Contractual Staffing Services for Various City Departments in an Amount not to Exceed $299,000

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Continue the Public Hearing to Consider Adoption, Reading by Title Only and Waiving a Further Reading of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Adopting by Reference Chapter 4.98 of the San Mateo County Ordinance Code (Tobacco Retailer Permit); Repealing and Replacing in its Entirety San Bruno Municipal Code Chapter

6.52 (Tobacco Retailer Permit) in Connection with such Adoption; and Finding the Amendment Exempt from the California Environmental Quality Act” to April 8, 2025

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Consider Appointments to Fill Current Vacancies on the San Bruno Community Foundation; and Commissions, Boards and Committees ­ Emergency Preparedness Committee and Parks & Recreation Commission, Youth Representative
b. Receive a Mid­Year Financial Update and Consider Adoption of a Resolution Amending the Fiscal Year 2024­25 Budget
c. Receive Report on the City's Long­Range Forecast for Fiscal Years 2024­25 through Fiscal Year 2029­30
d. Receive Proposed Measure Q Spending Plan and Provide Direction for Incorporation in the Fiscal Year 2025­26 Capital Improvement Program​
e. Receive Input from the Revenue Measure Oversight Committee and Provide Direction to Include the Fiscal Year 2025­26 Measure G Revenue Spending Plan in the City Manager’s Recommended Budget

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 25, 2025 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 March 6, 2025, by 8:00 pm.

2 of 154

"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
March 11, 2025
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation and 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*
**Zoom Link
https://sanbruno­ca­gov.zoom.us/j/87209913719?
pwd=4ayKkOtkDLbLeafubs2SbdbaOYb5ft.1
Phone Line: 1­646­558­8656
Webinar ID: 872 0991 3719
Webinar Password:  110224
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk.  Public comment may also be emailed to  [email protected] . Comments received via email will not be read
aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 616­7061 or [email protected] .
*Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the City to at least a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at the City Clerk's Office at City Hall located at 567 El Camino Real, San Bruno, California during normal business hours. In addition, the City may also post such documents on the City’s Website at  sanbruno.ca.gov/AgendaCenter .

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed 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. San Mateo County Supervisor Jackie Speier will be holding a Town Hall at the San Bruno Recreation and Aquatic Center on March 13, 2025 from 6:00 pm to 7:00 pm

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 February 24, 2025; February 25, 2025 and Regular Meeting Minutes for February 25, 2025
b. Approve Accounts Payable for February 25, 2025 and March 3, 2025 c. Accept Payroll for February 28, 2025
d. Approve Reconciliation of General Ledger to Bank Report Dated December 31, 2024 e. Approve Investment Report dated February 28, 2025
f. Consider Adoption of Resolutions:

Initiating Property Owner Notice and Protest Process as Required by Proposition 218 for an Increase to Garbage Rates Pursuant to the Agreement for Solid Waste Collection Services with Recology San Bruno, Effective July 1, 2025 Approving a Second Amendment to the Amended and Restated Solid Waste Collection Services Agreement Between the City of San Bruno and Recology San Bruno g. Consider Adoption of a Resolution Approving Final Map and Authorizing the City Manager to Execute an Improvement Agreement for the Highland Ridge Project at 850 Glenview Drive h. Consider Adoption of a Resolution:

Approving the Design of the Sweeney Ridge Emergency Water Main Rehabilitation Project;
Authorizing the City Manager to Execute a Construction Contract with Golden Bay Construction, Inc for the Sweeney Ridge Emergency Water Main Rehabilitation Project in the amount not to exceed $1,445,200;
Approving a Construction Contingency of $217,000; and
Determining the Project is Exempt Under the California Environmental Quality Act i. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement for Consultant Services with Robert Half for Temporary Contractual Staffing Services for Various City Departments in an Amount not to Exceed $299,000

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Continue the Public Hearing to Consider Adoption, Reading by Title Only and Waiving a Further Reading of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Adopting by Reference Chapter 4.98 of the San Mateo County Ordinance Code (Tobacco Retailer Permit); Repealing and Replacing in its Entirety San Bruno Municipal Code Chapter

6.52 (Tobacco Retailer Permit) in Connection with such Adoption; and Finding the Amendment Exempt from the California Environmental Quality Act” to April 8, 2025

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Consider Appointments to Fill Current Vacancies on the San Bruno Community Foundation; and Commissions, Boards and Committees ­ Emergency Preparedness Committee and Parks & Recreation Commission, Youth Representative
b. Receive a Mid­Year Financial Update and Consider Adoption of a Resolution Amending the Fiscal Year 2024­25 Budget
c. Receive Report on the City's Long­Range Forecast for Fiscal Years 2024­25 through Fiscal Year 2029­30
d. Receive Proposed Measure Q Spending Plan and Provide Direction for Incorporation in the Fiscal Year 2025­26 Capital Improvement Program​
e. Receive Input from the Revenue Measure Oversight Committee and Provide Direction to Include the Fiscal Year 2025­26 Measure G Revenue Spending Plan in the City Manager’s Recommended Budget

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 25, 2025 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 March 6, 2025, by 8:00 pm. 3 of 154

"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
February 25, 2025
5:30 PM

1. CALL TO ORDER
The meeting was called to order at 5:30 pm.

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

Medina were all present.

3. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:

Two cases
No reportable action was taken.
b. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Manager
Employee organizations: Teamsters Local 856, IBT Miscellaneous; Teamsters Local 350, IBT MidManagement; and San Bruno Management Employees Association No reportable action was taken.

4. ADJOURNMENT
The meeting adjourned at 6:50 pm to the next Regular City Council Meeting on February 25, 2025 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 March 11, 2025.

______________________________       ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
February 25, 2025
7:00 PM

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

2. ROLL CALL
Councilmembers Alvarez, Hamilton, Salazar, Vice Mayor M. Medina 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
No members of the public wished to speak under Public Comment.

5. ANNOUNCEMENTS/PRESENTATIONS
a. Proclamation Recognizing March as National Women’s History Month b. Receive General Update from the San Mateo County Mosquito & Vector Control District District Operations Manager Casey Stevenson presented the item to the City Council.

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

6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes for February 11, 2025 and Regular Meeting Minutes for February 11, 2025
b. Approve Accounts Payable for February 10, 2025 and February 18, 2025 c. Accept Payroll for Special Payroll January 26, 2025 and February 9, 2025 d. Approve Reconciliation of General Ledger to Bank Report Dated October 31, 2024 and November 30, 2024
e. Consider Adoption of a Resolution:
• Authorizing the Mayor, City Manager, or designee, to execute a primary grant agreement with the San Mateo County Transportation Authority to be eligible to receive Measures A and W grants over the next 10 years; • Certifying that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and • Authorizing the Mayor, City Manager, or designee, to take any other actions

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necessary to give effect to this resolution
f. Consider Adoption of a Resolution Accepting FEMA Assistance to Firefighters Grant No. EMW-2023-FG-08796 for Fitness Equipment and Authorizing an Appropriation in the Amount of $37,963.43
g. Consider Adoption of a Resolution Revising the Planning Commission Bylaws h. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with DroneSense, Inc for use of its sUAS Management and Video Streaming Services
i. Consider Adoption of a Resolution:
• Accepting the Recreation and Aquatics Center Project as Complete at a total cost of $62,386,222, including project contingencies of $6,985,912, and work performed in conjunction with the RAC Project;
• Authorizing the City Manager to Execute Agreement Amendment for Project Close Out Services Rendered Consor PMCM, Inc. in Amount Not to Exceed $225,000 and Within Approved Project Budget;
• Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office; and
• Authorizing the Release of the Construction Contract Retention in the Amount of $2,500,845.57
No items were pulled for a separate vote.

No items were pulled for questions/comments.

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

M/S Salazar/Hamilton to approve the Consent Calendar. Motion passed unanimously.

7. CONDUCT OF BUSINESS
a. Consider and Provide Direction on the Creation of a Complete Streets Committee by Merging the Bicycle and Pedestrian Advisory Committee and the Traffic, Safety and Parking Committee
Community Development Director Peter Gilli presented the item to the City Council and answered questions.

The following member(s) of the public provided comment(s):

• Matt Jones
• Ray Moser
• Rebecca Molano
• John Lampros
No reportable action was taken.

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

9. COMMENTS FROM COUNCIL MEMBERS
a. Councilmember Alvarez:

Discuss changing downtown parking hours from 8:00 am - 8:00 pm to 10:00 am - 6:00 pm
Councilmember Alvarez introduced the item to the City Council

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The following member(s) of the public provided comment(s):
• Neil Sherman
• Rebecca Molano
• Matt Jones
City Manager Alex McIntyre answered questions.

City Attorney Trisha Ortiz answered questions.

M/S Alvarez/M. Medina to (1) direct staff to study the impact of starting the parking program at 10 am, with separate analysis of the impact on the streets as a whole, and in the lots as a whole, and make a recommendation; (2) direct staff to study the impact of ending the parking program at 6 pm on the streets and make a recommendation; and (3) if this item can be accomplished within the 90 days of the other 8 items, great. If adding this item would delay the completion of the 8 items by April, it should be addressed after the first 8 item analysis is complete and can be brought back to council separately. Motion passed unanimously.

The following member(s) of the City Council provided comment(s):
• Councilmember Hamilton
• Mayor R. Medina

10. ADJOURNMENT
The meeting adjourned at 9:04 pm to the next Regular City Council Meeting on March 11, 2025 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 March 11, 2025.

Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: March 3, 2025

TO: Honorable Mayor and Members of the City Council

FROM: Alex D. McIntyre, City Manager

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

SUBJECT: Accounts Payable Warrant Register

This is to certify that the claims listed on pages 1 to 2 inclusive, and/or claims numbered from 213409 through 213502 inclusive, totaling $1,180,311.03, 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 $18,644.66
132 Agency on Aging $987.75
133 Restricted Revenues $1,000.00
137 Developer Project Contributions $16,213.00
141 Community Development $11,633.12
142 Recreation & Aquatics Center (RAC) $6,210.90
201 Parks and Facilities Capital $3,784.54
203 Street Improvement Projects $909,467.18
207 Technology Capital $3,600.00
611 Water Fund $68,403.20
621 Stormwater Fund $24.83
631 Wastewater Fund $24,805.08
641 CityNet Services Fund $90,492.37
701 Central Garage $10,022.35
702 Facility Maintenance Fund $13,603.32
707 Technology Development $1,418.73
TOTAL FOR APPROVAL $1,180,311.03

Respectfully submitted,

_________________________
Chief Financial Officer Date
Docusign Envelope ID: 5EF1C2A1-8083-4E89-9619-3308ECCF619B 3/4/2025

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3/3/2025 11:46:33AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0107770 A
& D AUTOMATIC GATE COMPANY 213409 1,871.003/3/2025
0000908 A-1 FENCE AND DECK, INC 213410 2,205.003/3/2025 0016499 ACTION SPORTS 213411 1,225.003/3/2025
0109803 AGB 213412 4,443.783/3/2025
0001170 AIRGAS USA, LLC 213413 273.043/3/2025
0000163 AIRPORT AUTO PARTS INC. 213414 203.583/3/2025 0109783 ALLEN PATRICK CARDOZA 213429 1,000.003/3/2025 0104542 ALTA LANGUAGE SERVICES, INC. 213415 264.003/3/2025 0111963 ANNA FULTON 213447 442.003/3/2025
0016123 AT&T 213416 219.043/3/2025
0017191 AT&T 213417 71.793/3/2025
0018007 AT&T 213418 54,579.133/3/2025
0098916 AT&T 213419 87.033/3/2025
0018465 AT&T MOBILITY 213420 48.593/3/2025
0107986 ATLAS PLUMBING AND ROOTER,INC. 213421 2,600.003/3/2025 0000345 BAKER & TAYLOR BOOKS 213422 2,663.303/3/2025
0109646 BIO CAR CARE 213423 1,265.003/3/2025
0111968 BOB GUTIERREZ 213449 1,920.003/3/2025
0111969 BOB MATEO 213457 100.003/3/2025
0000098 BRODART CO. 213424 571.783/3/2025
0017600 BURTON'S FIRE INC. 213425 370.993/3/2025
0000580 C & L SPORTING GOODS 213426 2,974.873/3/2025
0111967 CAL WEST RENTALS, INC. 213427 1,427.873/3/2025 0106548 CAPITAL ONE TRADE CREDIT 213428 1,372.833/3/2025 0016324 CINTAS CORPORATION #464 213430 868.523/3/2025 0018978 CLEAN HARBORS ENVIRONMENTAL SERVICES, INC 213440 2,805.263/3/2025 0111959 COLLIN YU 213502 7,000.003/3/2025
0018911 COMCAST CABLE COMMUNICATIONS 213432 19,848.803/3/2025 0111467 CONSTRUCTION TESTING SERVICES 213433 3,784.543/3/2025 0110941 CORODATA RECORDS MANAGEMENT, INC. 213477 57.953/3/2025 0015857 COUNTY OF SAN MATEO 213434 82.253/3/2025
0018331 CSG CONSULTANTS INC. 213436 2,762.003/3/2025 0107652 CUMMINS-ALLISON CORP. 213437 1,042.213/3/2025 0103088 DUNN-EDWARDS CORP. 213438 118.763/3/2025
0111970 ERASMO RAMIREZ 213476 109.003/3/2025
0000944 FEDEX 213441 45.413/3/2025
0109510 FIRST ALARM 213443 272.503/3/2025
0018117 FLYERS ENERGY, LLC 213444 8,344.763/3/2025
0102869 FRANCHISE TAX BOARD 213445 75.003/3/2025
0109776 FRESH LINE PRODUCE 213446 309.253/3/2025
0016363 GCS ENVIRONMENTAL & EQUIPMENT SVC. 213439 4,881.453/3/2025 0000162 GRAINGER 213448 271.143/3/2025
0095351 HAVE A PARTY PROS 213450 1,200.003/3/2025
0016941 INTERSTATE GRADING&PAVING,INC. 213451 562,146.623/3/2025 0108549 JEANETTE M FEINBERG 213442 170.103/3/2025
0111153 JERI EILEEN MCGOVERN 213458 100.803/3/2025
0111923 JOSEPH SIMONI 213486 400.003/3/2025
0096379 KAREN OJAKIAN 213465 265.503/3/2025
0017661 KATHY M SCHMIDT 213481 2,078.103/3/2025
0111941 LARRY TISCORNIA 213493 500.003/3/2025
0103799 LDVALI LLC 213452 383.403/3/2025
0000849 LEAGUE OF CALIFORNIA CITIES 213453 500.003/3/2025 0111971 LILI YANG 213501 100.003/3/2025
Page: 1
Docusign Envelope ID: 5EF1C2A1-8083-4E89-9619-3308ECCF619B

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3/3/2025 11:46:33AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0109978 LINDE GAS & EQUIPMEN
T INC. 213454 203.203/3/2025
0018177 LOWE'S 213455 2,428.253/3/2025
0111797 MCKIM CORPORATION 213459 300,064.263/3/2025
0092285 MICROMARKETING LLC 213460 144.233/3/2025
0001709 MILLBRAE LOCK 213461 162.693/3/2025
0104730 MUNICIPAL EMERGENCY SERVICES 213462 1,792.643/3/2025 0000762 MUNICIPAL MAINTENANCE EQUIPMENT INC. 213456 332.043/3/2025 0000522 NORTH COAST COUNTY WATER DISTRICT(NCCWD) 213435 36,227.423/3/2025 0111055 O'REILLY AUTO PARTS 213467 391.983/3/2025
0107980 OCT WATER QUALITY ACADEMY 213463 500.003/3/2025 0110243 ODP BUSINESS SOLUTIONS, LLC 213464 273.853/3/2025 0097567 ONE HOUR DRY CLEANING 213466 459.003/3/2025
0104416 OVERDRIVE, INC. 213468 1,281.403/3/2025
0000012 PACIFIC GAS & ELECTRIC 213469 37,630.003/3/2025 0106110 PACIFIC OFFICE AUTOMATION 213470 870.403/3/2025 0106829 PACIFIC OFFICE AUTOMATION INC. 213471 548.333/3/2025 0015163 PENINSULA SPORTS OFFICIALS ASSOC.INC. 213488 1,427.003/3/2025 0105947 PLACEWORKS 213472 11,633.123/3/2025
0111229 PORTER CAPITAL CORPORATION 213473 15,642.253/3/2025 0098436 PROFESSIONAL LAND SERVICES 213474 2,640.003/3/2025 0013981 QUILL CORPORATION 213475 69.093/3/2025
0111972 RINALDI WIBOWO NA SR. 213498 30.003/3/2025
0106293 ROBERT HALF 213479 10,525.123/3/2025
0108539 ROSALIE L. STEINWAY 213489 112.503/3/2025
0108537 SCOTT TONG 213494 67.503/3/2025
0018461 SERRAMONTE FORD, INC. 213482 3,112.813/3/2025 0097626 SHARP ELECTRONICS CORP. 213483 106.573/3/2025 0093872 SHOWCASES 213484 46.703/3/2025
0000216 SHOWTIME NETWORKS INC. 213485 992.033/3/2025 0105067 SMARTCOVER SYSTEMS 213487 22,908.003/3/2025
0111962 SONIA RUTHERFORD 213480 55.003/3/2025
0105796 SUNRISE FOOD DISTRIBUTOR INC. 213490 678.503/3/2025 0000241 THE ADAM-HILL COMPANY 213491 43.703/3/2025
0017657 THE FRATELLO MARIONETTES 213492 425.003/3/2025 0018944 ULINE, INC. 213496 710.623/3/2025
0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 213478 2,074.653/3/2025 0111658 WATER INDUSTRY TRAINING SPECIALISTS, INC. 213495 1,600.003/3/2025 0109658 WATER ONE INDUSTRIES, INC. 213497 500.003/3/2025 0105955 WEST COAST CODE CONSULTANTS, INC. 213431 16,213.003/3/2025 0096893 WILSEY HAM 213499 2,543.283/3/2025
0109476 WORLDPAC INC 213500 121.963/3/2025
Total count: 94
GrandTotal: 1,180,311.03
Page: 2
Docusign Envelope ID: 5EF1C2A1-8083-4E89-9619-3308ECCF619B

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City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Investments
Coupon
Rate CUSIP Book Value Market Value YTM Maturity Date
% of
Portfolio
Short Term Investments
TriCounties Bank Cash Balance 14,849,179 14,849,179 3.93% N/A 6% Wells Fargo General Acct /Sweep Money Market 25,280,793 25,280,793 4.23% N/A 10% CalTrust Liquidity Money Market Fund 17,954,259 17,954,259 4.40% N/A 7% CalTrust Medium Term Fund 20,632,499 20,632,499 4.20% N/A 8% Total CalTrust 38,586,758 38,586,758 15% Pooled Investments
Local Agency Investment Fund 38,081,515 38,081,515 4.33% NA 15% Glenview Fire Local Agency Investment Fund 3,601,292 3,601,292 4.33% NA 1% Total LAIF 41,682,808 41,682,808 16% US Bank Portfolio/Securities
Money Market Investments
U.S. Government Money Market 31846V567 12,544,689.07 12,544,689 4.25% NA 5% U.S. Treasury Bills
U.S. Treasury Bills 4.85% 912797LN5 1,903,369 1,976,520 4.23% June 12, 2025 1% Total Money Market and US Treas. Bills Investments 14,448,058 14,521,209 6% Total Short Term Investments 134,847,597 134,920,747 Municipal Bonds
California St Federally Taxable Var 3.38% 13063DGB8 1,105,910 1,002,861 0.69% April 1, 2025 0% California St Federally Taxable Var 3.38% 13063DGB8 1,466,885 1,330,201 0.65% April 1, 2025 1% University Calif Revs Taxable Gen Bds 0.88% 91412HGE7 1,513,455 1,489,965 0.65% May 15, 2025 1% Los Angeles Calif Comm Coll Dist GOB Unlimited Tax 0.77% 54438CYK2 2,000,000 1,971,780 0.77% August 1, 2025 1% California St Univ Revenue 0.89% 13077DML3 1,459,170 1,466,820 1.64% November 1, 2025 1% California St Taxable Various GOB 2.65% 13063DMA3 1,068,690 984,220 1.07% April 1, 2026 0% Pasadena USD non-callable GOB 2.07% 702282QD9 1,043,920 975,800 1.09% May 1, 2026 0% Los Angeles Unified SD non-callable 1.46% 544547FC9 2,009,340 1,928,420 1.35% July 1, 2026 1% Southern California St Public Pwer Auth 1.26% 842475P82 1,555,751 1,524,285 1.77% July 1, 2026 1% San Jose CA Redev Agy Successor Agy Tax Allocation 3.18% 798170AJ5 1,405,984 1,305,987 1.51% August 1, 2026 1% San Jose CA Redev Agy Successor Agy Tax Allocation 3.18% 798170AJ5 1,223,083 1,136,094 2.09% August 1, 2026 0% Cupertino UHSD Taxable non-callable GOB 2.15% 231237P28 1,057,240 972,810 0.96% August 1, 2026 0% Santa Monica CCD taxable non-callable GOB 1.04% 802385RR7 755,235 717,863 0.90% August 1, 2026 0% Los Angeles Calif Comm Coll Dist GOB Unlimited Tax 1.17% 54438CYL0 998,010 956,940 1.22% August 1, 2026 0% San Dieguito CA Union High Sch Dist 1.86% 797508HF8 987,050 967,950 2.17% August 1, 2026 0% California St Taxable BID non-callable 2.38% 13063DRD2 736,400 683,014 1.28% October 1, 2026 0% California St Taxable BID non-callable 2.38% 13063DRD2 743,022 689,156 1.37% October 1, 2026 0% California St Univ Revenue 1.14% 13077DQE5 949,640 950,700 1.14% November 1, 2026 0% Los Angeles CA Dept of ARPTS ARPT Revenue 1.10% 544445TW9 991,001 1,050,953 3.74% May 15, 2027 0% University Calif Rgts Med Center Poold Rev Taxable Srs M 2.56% 913366JB7 1,877,240 1,930,980 4.68% May 15, 2027 1% Total Municipal Bonds Investments 24,947,026 24,036,798 10%

Page 1 ends

CITY OF SAN BRUNO
Portfolio Summary
February 28, 2025
Docusign Envelope ID: E5DDECFA-6231-476E-8FDC-B80D92D3C487

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Honorable Mayor and Members of the City Council
March 11, 2025

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Second Agreement Amendment
Recology’s waste disposal contract with Ox Mountain Landfill (Ox Mountain) expired on December 31, 2024. During renewal negotiations, Ox Mountain proposed a significant tip fee increase, which would be passed through to San Bruno ratepayers. Additionally, Ox Mountain’s estimated closure date is 2034, with 22,180,000 tons of remaining capacity.

To minimize rate increases, and plan for Ox Mountain’s closure, Recology proposes a second amendment to the Agreement, effective March 11, 2025, changing the designated disposal facility from Ox Mountain to Recology Hay Road Landfill (Hay Road), with the disposal site transition beginning in March 2025. Of note, Hay Road is an affiliated company of Recology San Bruno; both are 100% owned by Recology Inc. Per Recology, this relationship allows for Recology San Bruno and Hay Road to work together to provide competitive pricing and high service quality for ratepayers.

DISCUSSION:

Annual Rate Adjustment
The 2.87% cost-index adjustment is shown via some of the sample monthly fee changes demonstrated in Table 2. The percentage adjustment reflects:
- The “Interim Rate Year” adjustment which is calculated annually by considering two factors: inflation (CPI) and disposal costs. The weight of each factor is determined based on the proportion of Recology’s total costs that come from disposal fees, with the remainder assigned to inflation. The CPI adjustment is based on the year-over-year change in consumer prices, while the disposal adjustment reflects changes in the per- ton fee charged for waste disposal. These two adjustments are weighted and combined to determine the new service rates for the year; and
- Moving disposal facilities from Ox Mountain to Hay Road.

Table 2: Sample Monthly Fee Changes
Type Current Rate
FY 2024-25
Proposed Rate
July 1, 2025 Change
Residential
16-gallon toter $25.73 $26.47 $0.74
20-gallon toter $31.54 $32.45 $0.91
32-gallon toter $40.68 $41.85 $1.17
64-gallon toter $81.37 $83.71 $2.34
96-gallon toter $122.05 $125.55 $3.50
Commercial
64-gallon toter, 1 per week $113.88 $117.15 $3.27
1-yard container, 1 per week $239.08 $245.94 $6.86
Rate Adoption by Resolution
The Municipal Code Section 10.08.020 establishes that “The city council shall adopt rates or charges for municipal services, as needed, by resolution or ordinance.” Any charge for disposal of garbage and rubbish is defined as a municipal service under Section 10.08.010.B. City staff

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Honorable Mayor and Members of the City Council
March 11, 2025

Page 3 of 6 ends

recommend that Council adopt the rate increase by Resolution to reduce administrative and publishing costs for the negotiated rate increase.

San Mateo County – City Disposal Rate Comparison
Solid waste collection and disposal rates vary among San Mateo County cities as listed in Table

3. Costs for service can depend upon the frequency of recycling collection, organics composting, ratio of residential and commercial customers, and unique operational constraints in some jurisdictions. Table 3 lists current (adjustments may be pending) monthly rates in seventeen nearby cities for a residential 32-gallon toter compared to the FY2025-26 proposed rate for the City.

Table 3: Comparative Rates – San Mateo County Agencies, as of February 2025 City 32g Rate Serviced By
Colma $30.05 Allied
Burlingame $35.76 Recology
El Granada $36.00 Recology
Foster City $37.66 Recology
San Mateo $37.93 Recology
Daly City $39.84 Allied
San Bruno (Proposed) $41.85 Recology
Montara $42.98 Recology
South San Francisco $44.18 SSF Scavenger
Half Moon Bay $44.93 Allied
Brisbane $45.72 SSF Scavenger
Millbrae $45.92 SSF Scavenger
Belmont $48.95 Recology
Pacifica $50.11 Recology
San Carlos $50.27 Recology
Menlo Park $58.64 Recology
Atherton $62.34 Greenwaste
Hillsborough $70.69 Recology
Average $45.77
The average residential 32-gallon toter for the 18 cities listed is $45.77. San Bruno’s residential toter monthly rate is the seventh lowest compared to these cities and is $3.92, or 8.6% lower than the average, as of February 2025.

Historical Rate Changes
Since FY2008-09, the average annual rate increase has been 3.56%. Figure 1 below shows the annual rate increase in each fiscal year beginning in FY2008-09, with the grey bars showing the detailed rate review years, the blue bars showing the interim rate review years, and the orange bars showing the negotiated rate years. It should be noted that the City was under their previous Agreement with Recology from 1998 to 2022, and rate increases during this timeframe were agreed to by City Council under this previous Agreement.

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Honorable Mayor and Members of the City Council
March 11, 2025

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Figure 1: Historical Rate Changes
Protest Period and Timeline to Implement New Rates
Proposition 218 was approved by the voters in 1996 and establishes legal requirements for imposing or increasing property-related fees, such as solid waste collection service charges.

Per Proposition 218, the City must provide notices to residents and property owners 45 days before a public hearing. Following the hearing, the City Council may adopt the increase if there is no “majority protest.” A majority protest will exist if written protests have been presented, and not withdrawn, by a majority of the record owners or customers of record of the parcels subject to the rates. If a majority protest exists, the City Council cannot adopt the proposed rates.

Table 4 outlines the City’s implementation of the proposed process for considering the proposed rate adjustment effective July 1, 2025, adopted by Resolution.

Table 4: Rate Setting Resolution Adoption Timeline
March 11, 2025
City Council authorizes staff to begin the process for a rate adjustment adoption by Resolution and directs staff to provide 45-day notice to property owners.

April 25, 2025 Last day to mail hearing notices.

June 10, 2025 City Council holds public hearing, considers any protests, takes action to adopt Resolution setting new rates.

July 1, 2025 New FY2025-26 rates take effect.

The action proposed for consideration at this time is to direct City staff to mail the required 45- day notice to property owners. No action approving the proposed rate increases will occur until after the public hearing occurs.

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Honorable Mayor and Members of the City Council
March 11, 2025

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Second Agreement Amendment
Tipping fees at Ox Mountain were projected to rise from $61.44 per ton in 2024 to $75.95 per ton by 2028, leading to a total cost of $97.23 per ton with transportation. Hay Road, by comparison, offers lower tipping fees starting at $49.35 per ton in 2024, resulting in a total cost of $94.43 per ton by 2028, including transportation. These cost differences help offset Recology’s proposed “Interim Rate Year” adjustment for FY2025-26, effective July 1, 2025, which would have been 3.25% if the disposal facility remained at Ox Mountain versus the proposed 2.87% in moving to Hay Road.

Therefore, the transition to Hay Road is necessary due to Ox Mountain’s escalating disposal costs. Whereas, by securing Hay Road as the City’s designated disposal site, the City will achieve predictable per-ton disposal costs. Hay Road also offers greater long-term capacity and an extended operational lifespan through 2077. Recology has additionally confirmed that Hay Road is fully permitted and compliant with environmental regulations, ensuring no anticipated operational disruptions.

Due to the variables that are included with the rate application calculations, the exact cost savings to the ratepayer cannot be precisely determined, however, the average annual ratepayer savings from this switch is projected in the order of magnitude of $0.21 to $0.96 per month, over five years, for the various residential, commercial, and multi-unit accounts. The proposed change is projected to save ratepayers nearly $180,000 over five years.

Administrative costs for reviewing and amending the franchise agreement are included in the City’s operational budget.

FISCAL IMPACT:

The current fiscal impact for this item is estimated at $15,000 for printing and mailing the public hearing notices, plus required staff time to prepare future reports, answer customer questions, and coordinate with Recology. If City Council directs that the rate adoption occurs using an ordinance rather than a resolution, an additional $5,000 is required to pay for the required legal notices for adopting an ordinance. Recology reimburses the City for the direct costs incurred for rate adjustments.

ENVIRONMENTAL IMPACT:

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

RECOMMENDATION:

Consider Adoption of a Resolution:
• Initiating Property Owner Notice and Protest Process as Required by Proposition 218 for an Increase to Garbage Rates Pursuant to the Agreement for Solid Waste Collection Services with Recology San Bruno, Effective July 1, 2025
• Approving a Second Amendment to the Amended and Restated Solid Waste Collection Services Agreement Between the City of San Bruno and Recology San Bruno

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Honorable Mayor and Members of the City Council
March 11, 2025

Page 6 of 6 ends

ALTERNATIVES:

1. Take no action. No action on the rates triggers Section 4.5.6 “Failure to Adjust Rates” of the Agreement.

2. Reject the proposed second amendment thereby directing Recology to continue disposal at Ox Mountain.

3. Provide alternative direction to staff regarding the proposed amendment to the franchise agreement.

ATTACHMENTS:

1. Resolution Initiating Process to Consider Rate Increase

2. Resolution Approving Second Amendment, with the Second Amendment to the Amended and Restated Solid Waste Collection Services Agreement Between the City of San Bruno and Recology San Bruno as Exhibit A

3. Public Hearing Notice

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1 RESOLUTION NO. 2025 - ___

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

PUBLIC HEARING NOTICE AND PROTEST PROCESS AS REQUIRED BY PROPOSITION 218 TO CONSIDER INCREASING SOLID WASTE COLLECTION SERVICE RATES

PURSUANT TO THE AGREEMENT FOR SOLID WASTE COLLECTION SERVICES WITH RECOLOGY SAN BRUNO, EFFECTIVE JULY 1, 2025
WHEREAS, A Franchise Agreement for Solid Waste Collection Services (the “Agreement”) with Recology San Bruno became effective on January 1, 2023, and WHEREAS, the Agreement provides for a rate adjustment effective July 1, 2025, and WHEREAS, to comply with the procedures established by Proposition 218, the City must schedule a public hearing following mailed notice to property owners for a period of not less than 45 days to consider the rate increase.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno directs initiation of a public hearing notice and protest process as required by Proposition 218 to consider increasing solid waste collection service rates pursuant to the Agreement, effective July 1, 2025.
---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on March 11, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
1 RESOLUTION NO. 2025 - ___

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

APPROVING A SECOND AMENDMENT TO THE AMENDED AND RESTATED SOLID

WASTE COLLECTION SERVICES AGREEMENT BETWEEN THE CITY OF SAN BRUNO

AND RECOLOGY SAN BRUNO
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“Act”) and subsequent additions and amendments (codified at California Public Resources Code sections 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste collection within their jurisdictions; and
WHEREAS, Section 10.20.050 of the San Bruno Municipal Code provides that the City Council may contract with a solid waste enterprise to provide solid waste collection services (the “Services”) on an exclusive basis; and
WHEREAS, the current Franchise Agreement (Agreement) with Recology San Bruno (Recology), became effective January 1, 2023; and
WHEREAS, per the Agreement, Ox Mountain Landfill serves as the designated Disposal Facility for Recology;
WHEREAS, Recology’s Disposal Facility contract with Ox Mountain Landfill (Ox Mountain) expired on December 31, 2024; and
WHEREAS, during renewal negotiations, Ox Mountain proposed a significant tip fee increase, which would be passed through to San Bruno ratepayers; and WHEREAS, to minimize rate increases, Recology proposes changing the designated disposal facility from Ox Mountain to Hay Road Landfill (Hay Road), with the disposal site transition beginning in March 2025; and
WHEREAS, Recology proposes a 2.87% rate adjustment, effective July 1, 2025, to reflect the annual Interim Rate Year adjustment in addition to the costs of the disposal site transition to Hay Road; and
WHEREAS, Recology’s proposed rate adjustment, effective July 1, 2025, would have been 3.25% if the disposal site remained at Ox Mountain; and WHEREAS, the City and Recology desire a Second Amendment, attached hereto as Exhibit A, designating Hay Road as the new disposal site.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Bruno hereby: (i) approves the Second Amendment to the Agreement, with such changes deemed necessary by the City Manager, (ii) authorizes the City Manager to execute the Second Amendment and to take any other steps as deemed necessary to effectuate this resolution, and (iii) ratifies any actions previously taken in connection with the purposes of this Resolution. 29 of 154
ATTACHMENT 2
2 Exhibit A: Second Amendment to the Amended and Restated Solid Waste Collection Services Agreement Between the City of San Bruno and Recology San Bruno ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on March 11, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk

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SECOND AMENDMENT
TO

AMENDED AND RESTATED

WASTE COLLECTION SERVICES AGREEMENT
between

THE CITY OF SAN BRUNO
and

RECOLOGY SAN BRUNO
Effective Date: March 11, 2025
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ATTACHMENT 2, Exhibit A
This page intentionally left blank.

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1 SECOND AMENDMENT
TO

AMENDED AND RESTATED

SOLID WASTE COLLECTION SERVICES AGREEMENT
THIS SECOND AMENDMENT (“Amendment”) to the Amended and Restated Solid Waste Collection Services Agreement (“Agreement”) is made and entered into this 11th day of March, 2025 (“Amendment Date”) by and between the City of San Bruno, a municipal corporation, hereinafter referred to as "City" and Recology San Bruno, a California corporation, hereinafter referred to as "Contractor."

RECITALS
WHEREAS, the City and Contractor previously entered into that certain Amended and Restated Solid Waste Collection Services Agreement dated the 10th day of November, 2022 the “Agreement”, including amendments thereto; and
WHEREAS, Contractor has provided information to City related to redirecting the disposal of Garbage from Ox Mountain Landfill to Hay Road Landfill and, based on the information provided, City desires Contractor to begin disposing of Garbage at Hay Road Landfill effective as of March 11, 2025; and
WHEREAS, the City and Contractor desire to amend the Agreement as set forth herein.

NOW, THEREFORE , in consideration of the promises above stated and the terms, conditions, covenants, and agreements contained herein, the Parties do hereby agree as follows:

Section 1. Beginning March 11, 2025, the Disposal Facility shall be the Hay Road Landfill located at 6426 Hay Road, Vacaville, California and Section 1.42 of the Agreement shall be amended in its entirety to read as follows:

1.42 Disposal Facility. Any facility selected by Contractor and approved by City that is designed, operated and legally permitted for the purpose of disposing of solid waste. Unless mutually agreed otherwise between City and Contractor, the Disposal Facility shall be the Hay Road Landfill located at 6426 Hay Road, Vacaville, California.

SECTION 2. Section 4.5.1, Article 4 of the Agreement shall be amended in its entirety to read as follows:
“4.5.1 Annual Adjustments to Service Recipient Rates. Initial Service Recipient rates are set forth in EXHIBIT 1. Beginning July 1, 2025, the maximum Service Recipient Rates may be adjusted annually upon prior approval of the City Council, in accordance with Applicable Law, this Article and EXHIBIT 2 using either (i) the cost-based adjustment method set forth EXHIBIT 2 for years four, seven, ten; and if the Term is extended, years thirteen, sixteen, and nineteen (the “Detailed Rate

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2 Years”); or (ii) the index-based adjustment method as set forth in EXHIBIT 2 for years three, five, six, eight, nine; and if the Term is extended, years eleven, twelve, fourteen, fifteen, seventeen, eighteen, twenty, and twenty-one (the “Interim Rate Years”).

For Rate Year Three, there shall be a special adjustment (the “Special Adjustment”) in addition to the adjustment applied using the index-based adjustment method to compensate Contractor for its increased costs associated with changing the Disposal Facility from Ox Mountain Landfill to Hay Road Landfill, including but not limited to transportation costs, bridge tolls, and labor costs. The Special Adjustment shall equal $17.12 multiplied by 10,463.16, where $17.12 is the incremental cost per ton that will be incurred by Contractor as a result of transporting material to Hay Road Landfill and 10,463.16 is the actual number of tons of Garbage disposed of by Contactor under this Agreement for the period beginning July 1, 2023 and ending July 1, 2024.

Table 1 below shows which method will be used for each Rate Year:

TABLE 1
Rate
Year
Commencement Date
Rate Year
(which shall be the effective
date of the Service Recipient
Rate adjustment unless
otherwise noted)
Service Recipient Rate
Adjustment Method
(Interim Rate Year or Detailed
Rate Year)
Rate Application
Submittal Date
1 July 1, 2023 Negotiated January 30, 2023
2 July 1, 2024 Negotiated January 30, 2024
3 July 1, 2025 Interim Rate Year plus the
Special Adjustment
January 30, 2025
4 July 1, 2026 Detailed Rate Year January 30, 2026
5 July 1, 2027 Interim Rate Year January 30, 2027
6 July 1, 2028 Interim Rate Year January 30, 2028
7 July 1, 2029 Detailed Rate Year January 30, 2029
8 July 1, 2030 Interim Rate Year January 30, 2030
9 July 1, 2031 Interim Rate Year January 30, 2031

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3 10 July 1, 2032 Detailed Rate Year January 30, 2032
11 July 1, 2033 Interim Rate Year January 30, 2033
12* July 1, 2034 Interim Rate Year January 30, 2034
13* July 1, 2035 Detailed Rate Year January 30, 2035
14* July 1, 2036 Interim Rate Year January 30, 2036
15* July 1, 2037 Interim Rate Year January 30, 2037
16* July 1, 2038 Detailed Rate Year January 30, 2038
17* July 1, 2039 Interim Rate Year January 30, 2039
18* July 1, 2040 Interim Rate Year January 30, 2040
19* July 1, 2041 Detailed Rate Year January 30, 2041
20* July 1, 2042 Interim Rate Year January 30, 2042
* Applicable only if the Initial Term is extended pursuant to Section 2.2.” SECTION 3. Detailed Rate Adjustment.
a. The last bullet of Section 3.2.3 of Exhibit 2 shall be revised in its entirety as follows:
• Any additional costs related to Contractor’s voluntary decision to utilize an alternative facility, if under Section 4.5.4 Contractor is not entitled to a Service Recipient Rate Adjustment with respect to such decision.

Notwithstanding the foregoing or anything else in this Agreement, the decision to utilize Hay Road Landfill as the Disposal Facility effective January 1, 2025 shall be treated as a City-Directed Change pursuant to Section 4.5.3 and all costs incurred as a result of such change shall be treated as allowable costs under this Agreement.
b. The first paragraph of Section 3.2.4 of Exhibit 2 shall be revised in its entirety to read as follows:

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4 “3.2.4 Forecast of Costs. Assuming no change in operations between the most-recently completed Rate Year prior to the date the rate application is being submitted and the
Detailed Rate Year, allowable Annual Cost of Operations will be forecasted for the Detailed Rate Year by (1) multiplying each cost category of allowable Annual Cost of Operations for the most recently completed Rate Year by one plus the percentage change in the CPI between the CPI value for the month of December prior to submission of the Request for Adjustment to Service Recipient Rates, and the
corresponding index value for the month of December of the previous year, (2) multiplying the result of step one by one plus the same percentage change used in step one, and (3) summing the results for all cost categories. The result is the allowable Forecasted Annual Cost of Operations for the
Detailed Rate Year. If there is or is reasonably expected to be a change in operations between the most-recently
completed Rate Year prior to the date the rate application is being submitted and the Detailed Rate Year, then
notwithstanding any other provision, appropriate
adjustments shall be made to forecasted cost and revenue line items, so that they reflect reasonable good faith
estimates of the cost and revenue impacts of the change. As an exception to the CPI adjustment stated above, the
following cost categories shall be forecasted as set forth below, and the forecasted values shall be included as part of allowable Forecasted Annual Cost of Operations. For
illustration, the Rate Year beginning July 1, 2024 is the most recently completed Rate Year to determine whether there was a change in operation that would need to be reflected in the Detailed Rate Review to set rates for the Rate Year beginning July 1, 2026. Contractor shall make a reasonable good faith estimate of the cost and revenue impact of the change in Disposal Facility effective January 1, 2025 based on the actual costs incurred between January 1, 2024 and September 30, 2025 and such estimates will be used to
forecast costs for the Rate Year beginning July 1, 2026.” SECTION 4. Other Terms and Conditions Unchanged. Except as expressly amended by the Amendment, all other terms and conditions of the Agreement shall remain unchanged. In the

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5 event of any conflict between the terms and conditions of this Amendment and the terms and conditions of the Agreement, the terms and conditions of this Amendment shall prevail and control.

IN WITNESS WHEREOF, City and Contractor have executed this Amendment on the day and year first written above.

CITY OF SAN BRUNO RECOLOGY SAN BRUNO
By: By:

Rico E. Medina
Mayor
Salvatore M. Coniglio
Chief Executive Officer
Resolution No. _____- Approved by City
Council
Attest:

By:

Lupita Huerta
City Clerk
Approved as to Form:

By:

Trisha Ortiz
City Attorney

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Proposed Increase for Recology San Bruno’s
Solid Waste Rates
Effective July 1, 2025

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Proposed Increase for Recology San Bruno’s
Solid Waste Rates
Effective July 1, 2025

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Proposed Increase for Recology San Bruno’s
Garbage and Recycling Rates
Effective July 1, 2025

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Honorable Mayor and Members of the City Council
March 11, 2025

Page 2 of 3 ends

The developer has submitted a proposed Final Map to the City for review and approval. This map would consolidate three existing parcels into a single 3.28-acre lot for the development of a multifamily condominium community.

DISCUSSION:

The Final Map has been prepared by CSW/Struber-Stroeh Engineering and was reviewed by the City Engineer and determined to be technically correct and in compliance with the project conditions of approval. The Final Map must first be recorded at the County Recorder’s Office to create the one parcel prior to issuance of a Building Permit.

Improvement plans for both public and private construction have been prepared by CSW/Struber-Stroeh Engineering. The offsite public improvement plans have been approved, while the on-site private improvement plans are nearing final approval.

Proposed Public Improvements. The project's improvement plans include the following public improvements: installation of new curbs, gutters, sidewalks, driveways, and stormwater treatment facilities; repaving the full width of Glenview Drive and portions of westbound San Bruno Avenue; installing new streetlights; installing a new water main network and upgrading existing City water facilities; utility lateral installation; and converting the Glenview Drive and San Bruno Avenue intersection into a four-way stop.

Proposed Private Improvements. The project’s improvement plans include the following private improvements: new curb, gutter, sidewalk and driveways, curb access ramps, internal roadway network, storm drain systems and treatment measures, sanitary sewer systems, water main system, signing and striping, landscaping, street trees and irrigation, street lighting, joint trench systems and play structure improvements for each parcel.

The Applicant and City staff have worked together to draft the Improvement Agreement, a copy of which is included in the attachments. As of the preparation of this staff report, both parties have agreed to the final terms, and the agreement is ready for execution.

The Improvement Agreement ensures that the public and private improvements will be constructed and approved by the City of San Bruno. The public improvements will also be accepted by the City of San Bruno. The Applicant is also required to complete all construction, provide a Performance Bond and a Labor and Materials Bond to guarantee completion of all work, provide a Warranty Bond at the completion of construction to guarantee repair of any damage or defects for one year following completion of construction, obtain and provide proof of insurance and hold the City harmless from any claims, and pay for all City costs related to the review, approval and inspection of the public and private improvements and map processing.

Staff has reviewed the Final Map, Improvement Plans, and Improvement Agreement and deemed them accurate and appropriate for execution.

FISCAL IMPACT:

The Applicant is responsible for constructing all public and private improvements. Upon acceptance of the public improvements by the City Council, the City will assume responsibility for their operation and maintenance, unless otherwise stated in the maintenance

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Honorable Mayor and Members of the City Council
March 11, 2025

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agreements. Monthly sewer, water, and storm drain fees and property taxes will be collected from future owners and tenants. The agreements call for performance bonds required to secure work and for Applicants to pay for City inspection and other construction-related costs.

ENVIRONMENTAL IMPACT:

The City prepared an Addendum to a previously certified Initial Study and Mitigated Negative Declaration. The Addendum was approved by Planning Commission on September 17, 2024.

RECOMMENDATION:

Adopt Resolution Approving the Final Map and Authorizing the City Manager to Execute an Improvement Agreement for the Highland Ridge Project at 850 Glenview Drive.

ALTERNATIVES:

1. Do not approve the Final Map, Improvement Plans, and Improvement Agreement. If the City Council chooses not to approve the Final Map, findings would need to be made as provided in Sections 12.32.200, 12.40.090 and 12.36.230 of the San Bruno Municipal Code, to support the decision to not approve the Final Map.

2. Provide alternative direction regarding approval of the Final Map and Agreement.

ATTACHMENTS:

1. Resolution

2. Approved Final Map

3. Improvement Agreement (City Ventures)

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1 RESOLUTION NO. 2025 - __

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

FINAL MAP AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR THE HIGHLAND RIDGE PROJECT AT 850 GLENVIEW DRIVE WHEREAS, The residential project (Project) is located at 850 Glenview Drive; and WHEREAS, The Project consists of a 58-unit residential development over a single

3.28-acre lot, 49 market rate homes and 9 affordable homes; and WHEREAS, the developer for the multifamily condominiums, City Ventures Homebuilding, LLC (Owner / Applicant), has applied for approval to construct the Project; and WHEREAS, on May 21, 2024 the Planning Commission approved the Project, subject to certain conditions of approval; and
WHEREAS, the Final Map and Improvement Plans as prepared by CSW/Struber-Stroeh Engineering, have been reviewed by the City and were determined to be technically correct and in compliance with the Project conditions of approval; and WHEREAS, Owner / Applicant requested that the City approve the Final Map for the Project prior to the completion of all the Project’s public and private site improvements; and WHEREAS, pursuant to the previous Project approval, the City and Owner / Applicant have negotiated an Improvement Agreement for the Project that guarantees the construction of the improvements; and
WHEREAS, staff has reviewed the Final Map, Improvement Plans, and Improvement Agreement, and deemed them accurate and appropriate for execution.

NOW, THEREFORE, BE IT RESOLVED by the San Bruno City Council that the Final Map is approved, and the City Manager is authorized to execute the Improvement Agreement for the Project, subject to such minor amendments necessary to effectuate the intent of the parties.
---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on March 11, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

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

storm drain laterals, signing and striping, landscaping and irrigation, street lighting, and joint trench systems (collectively, “Improvements”).

E. City and Developer desire to enter this agreement providing for the construction and installation of the Improvements in accordance with the Improvement Plans.

AGREEMENT
NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows:

1. Purpose. The purpose of this Agreement is to guarantee completion of the Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the Conditions pertaining to the Improvements.

2. Property Subject to Agreement. The Property shall be subject to this Agreement.

3. Duty to Install Improvements. Developer will construct, install and complete, or cause to be constructed, installed and completed, at the Developer's sole cost and expense, the Improvements, in accordance with the Improvement Plans (defined in Recital D above) and to the satisfaction of the City Engineer, in his reasonable discretion. Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement.

The construction, installation and completion of the Improvements and all labor and materials furnished in connection therewith are hereinafter referred to collectively as the “Work.” The Work and Improvements shall be in strict compliance with the provisions of Chapter 12.44, Improvement Standards, of the San Bruno Code. In the event a conflict exists between the Improvement Plans and the requirements of Chapter 12.44 of the San Bruno Code, the stricter requirement or standard shall govern, as determined by the City Engineer.

4. Completion Date. Developer will complete all Work prior to the City Building Official’s first approval of a Certificate of Occupancy within the final unit at the Property, and any new public improvements pertaining to a particular building shall be completed prior to final occupancy for that building or prior to any Temporary Occupancy as approved by the City Engineer. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices and consistent with the Improvement Plans. This completion date may be extended by the City Engineer in his or her sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Engineer that the securities required by Section 13 shall remain enforceable throughout the term of the extension.
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5. Estimated Cost of Work. The engineer's estimated cost of the Work is seven hundred forty three thousand, eight hundred and ninety-eight dollars ($743,898.00) (“Estimated Cost of Work”).

6. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans.

For the purposes of this section, a mistake, error, or omission means that, at any time, in the opinion of the City Engineer, in his or her reasonable discretion, the Improvement Plans are deemed not in compliance with applicable law or regulations (e.g., building codes) or the Conditions. Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with applicable law, regulations, the Conditions, and Improvement Plans.

7. Repairs. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public roads, streets, or other public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property, or to pay to the property owner of any damaged road, street or property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any owner whose private or public property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 7. City shall be under no obligation whatsoever to accept the Work completed under this Agreement until such time as all repairs have been completed and have been paid for and written acceptances have been provided to the City Engineer.

8. Foreman or Superintendent. Developer shall give personal attention to the Work.

A competent foreman or superintendent satisfactory to the City Engineer in his reasonable discretion with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work and may not be changed without advance notification to and the concurrence of the City Engineer.

9. Examination of Work. All of the Work shall be consistent with the Improvement Plans to the satisfaction of the City Engineer, in his or her reasonable discretion. City and its authorized agents shall, at all times during the performance of the Work, have free access to the Property and the Work and shall be allowed to examine the Work and all materials used and to be used in the Work.

10. City Costs; Deposit. Developer shall pay to City the actual cost for all engineering, inspection, administration, plan check, laboratory and field testing, construction, and other services furnished by City in connection with this Agreement, including those performed by consultants under contract with City (“City Costs”) per the requirements of the Reimbursement Agreement between the City and Developer dated August 8, 2023, a copy of which is attached hereto as Exhibit E. Prior to the issuance of an Encroachment Permit for the Improvements, the City shall perform an accounting of the funds on deposit as part of said 3 1929\08\2947501.2

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Reimbursement Agreement. If the fund balance is less than $100,000, the Developer shall deposit funds with the City as needed to raise the fund balance to $100,000 prior to the issuance of an Encroachment Permit.

11. Completion of Work. After Developer: (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement; (b) repairs any private or public property damaged as a result of the Work or pays the full cost of such repair to the owner whose property was damaged; and (c) obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair, Developer will provide City with a written notice of completion, together with copies of all written acceptances.

12. Final Acceptance.

12.1 Notice of Completion. Within thirty (30) days of receipt of Developer’s written notification pursuant to Section 11 above, the City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and evidence of repair completion and payment as Developer may provide to City, and send Developer a written notice stating whether the Work and repairs are complete to the satisfaction of the City Engineer, in his or her reasonable discretion, and whether the written acceptances have been provided. If the Work and repairs are, in the opinion of the City Engineer, not complete and satisfactory, written acceptances have not been provided, and/or the Work is burdened by liens or encumbrances, the City Engineer will list the deficiencies that must be corrected to find the Work and repairs complete and satisfactory. Upon satisfactory completion of the Work and repairs and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer, in his reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. The City Engineer’s failure to respond to Developer’s written notification within thirty (30) days will not be deemed a breach or default under this Agreement.

12.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 12.1, the City Engineer will recommend acceptance of the Improvements to the City Council. The acceptance of the Improvements, offers of dedication and right-of way, and easements, if any, shall be by resolution of the City Council, with the matter placed on the next available agenda for City Council action. Upon City Council’s adoption of such resolution, the City Engineer shall promptly record a notice, in a form to be approved by the City Attorney, in the Official Records of San Mateo County.
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13. Performance, Labor and Materials and Warranty Security.

13.1 In accordance with Chapter 12.48, “Improvement Security,” of the San Bruno Code, Developer will furnish and deliver to City, within the times set forth below, the following security, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or such other surety as may be acceptable to the City Engineer.
(a) Performance Security. Developer shall furnish and deliver performance security in the amount of eight hundred eighteen thousand, two hundred and eighty eight dollars ($818,288), which is equivalent to one hundred and ten percent (110%) of the approved estimate for the costs of improvements, concurrently with the execution of this Agreement, which security must meet the requirements of Government Code Section 66499.1 and San Bruno Code Section

12.48, Improvement Security, and be acceptable to the City Engineer. The security shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by City in accordance with Section 14 below upon final acceptance of the Improvements as described in Section 12.2 and Developer’s delivery of the Warranty Security described in Section 13.1(c). (b) Payment Security. Developer shall furnish and deliver labor and materials security in the amount of eight hundred eighteen thousand, two hundred and eighty eight dollars ($818,288), which is equivalent to one hundred and ten percent (110%) of the approved estimate for the costs of labor and materials, concurrently with the execution of this Agreement, which security must meet the requirements of Government Code Section 66499.2 and San Bruno Code Section

12.48, Improvement Security, and be acceptable to the City Engineer. The security shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. City shall retain the security until both (i) City accepts the Work in accordance with Section 12.2 above and (ii) the statute of limitations to file an action under Civil Code section 8410 et seq. has expired. The security amount may thereafter be reduced or released by the City Engineer in accordance with Section 14.
(c) Maintenance and Warranty Security. Developer shall furnish and deliver warranty security in the amount of seventy four thousand, three hundred and eighty nine dollars ($74,389), which is the equivalent of ten percent (10%) of the approved estimate for the costs of labor and materials of the Public Improvements, upon acceptance of the Improvements and prior to release of the Performance Security. The security shall be in a form acceptable to the City Engineer and shall guarantee and warrant the Work for a period of one (1) year 5 1929\08\2947501.2

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following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

13.2 If the improvement security is a corporate surety bond and, in the opinion of the City, any surety or sureties thereon become insufficient, the Developer shall renew or replace any such surety with good and sufficient surety or sureties within ten (10) days after receiving from City written demand thereof.

13.3 Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and made a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released.

13.4 Modifications of the Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Cost of Work, shall not relieve or release any improvement security furnished by Developer pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Cost of Work, Developer shall furnish additional improvement security for, performance, warranty, and payment, as required by Section 13.1 above, for one hundred and ten percent (110%) of the revised Estimated Cost of Work.

13.5 The City’s approved bonds and forms are attached hereto as Exhibits B, C and D.

14. Partial Reduction or Release of Improvement Security.

14.1 Partial releases or reductions in the Developer’s improvement security may be authorized prior to the City’s acceptance of all Improvements required hereunder, as provided in this Section 14.

14.2 Upon acceptance of all or any specified category of the Improvements by the City Council and upon request of the Developer, the improvement security may be reduced or released as follows:
(a) Security for Performance: The security for performance shall be released upon the final completion of the Work, the City’s acceptance of the Improvements and Developer’s delivery of the warranty security described in Section 13.1(c). At the request of Developer, the Director of Public Works may release a portion of the security for performance in conjunction with the acceptance of part of the Improvements; provided, however, that no such release shall be for an amount less than ten percent (10%) of the total security for performance and such security shall not be reduced to an amount less than fifty percent (50%) of the total security for performance until final completion and City acceptance of the Improvements. In no event shall the Director of Public 6 1929\08\2947501.2

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Works authorize a release of the security for performance which would reduce such security to an amount below that required to guarantee the completion of the remaining Work and any other obligation imposed under this Agreement. (b) Security for Payment: Security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment shall, six (6) months after acceptance of all of the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the payment security shall be released upon settlement or release of all claims and obligations for which the security was given.
(c) If Developer’s obligations relating to any Improvements are subject to the approval of another governmental agency, the City shall not release the improvement security thereof until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Developer’s performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period such agency has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Developer’s performance of the obligation was done to its satisfaction.

15. Warranty Period; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all Work performed under this Agreement and all materials used in the Work shall be free from defects and shall perform satisfactorily for a period of one (1) year (except for those manufactured products where extended warranties have been provided, in which case the extended warranty period shall apply) after City’s final acceptance in accordance with Section 12. If, within this warranty period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Developer, or any of the Work done under this Agreement, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer that the Work or Improvement fulfills the requirements of the Improvement Plans and this Agreement. Developer further agrees that for any Improvement or part of any Improvement that has been repaired, replaced or reconstructed, the warranty period and the Maintenance and Warranty Security for the defective Improvement shall automatically be extended for an additional year from the date of completion of such repair, replacement, or reconstruction to insure defects have actually been corrected.

Should Developer fail to act promptly or in accordance with the requirement to repair, replace or reconstruct defective or unsatisfactory improvements, or should the exigencies of the situation require repairs, replacements or reconstruction to be made before Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary 7 1929\08\2947501.2

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reconstruction and Developer shall pay to City upon demand the actual cost of such repairs, replacements or reconstruction.

16. Developer Not Agent of City. Neither Developer nor Developer's contractors, subcontractors, agents, officers, or employees are agents or employees of City and the Developer's relationship to City, if any, arising herefrom is strictly that of an independent contractor.

17. Indemnification.

17.1 Neither the City, nor its officers, agents nor employees (“City Parties”), shall be liable or responsible for any accident, injury, loss, or damage to either property or person attributable to or arising out of the construction or installation of the Improvements. Developer shall indemnify, hold harmless and defend the City and the City Parties from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys’ fees (“Claims”), arising out of or attributable to Developer’s performance (or non- performance) under this Agreement. Notwithstanding the forgoing, Developer shall not be obligated under this Agreement to defend and/or indemnify the City or any City Parties for any Claims to the extent that any Claims are caused by the gross negligence or willful misconduct of the City or City Parties.

17.2 Developer’s obligations under this Section 17 are not conditioned or dependent upon whether the City or City Party prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or whether the City or City Parties have insurance or other indemnification covering any of these matters.

17.3 Developer’s obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property from the design or construction of the Project and Improvements and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Developer’s design or construction of the Improvements, including but not limited to, public drainage systems, streets, and other public facilities. The City’s acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property as referenced herein. City shall not be responsible or liable for the design or construction of the Project or the Improvements constructed or installed pursuant to the approved Improvements Plans or the Final Map.

After City’s acceptance of the Improvements, the Developer shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction under applicable law; provided, however, that the Developer shall not be responsible for routine maintenance. Developer’s obligations under this Section 17 shall remain in effect for ten (10) years following acceptance of the Improvements by the City Council.

Developer acknowledges and agrees that Developer shall be responsible and liable for 8 1929\08\2947501.2

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the design and construction of the Improvements and other work done pursuant to this Agreement in accordance with the terms hereof, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or related specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Developer’s improvement security shall not be required to secure the Developer’s obligations under this Section 17.3 beyond the one-year guarantee and warranty period. If, in any judicial proceedings involving statutory immunity under the Tort Claims Act (Government Code Section 810, et seq.) asserted by the City, or its officers, agents or employees, it is determined by a court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this Section 17.3, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault.

18. Insurance.

18.1 Developer shall, before the release of said Final Map by City for recordation, obtain and maintain in full force and effect during the term of this Agreement, at Developer’s own expense and risk, Worker’s Compensation, a general comprehensive liability insurance policy, and owned, non-owned, and hired automobile liability insurance. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
Workers' Compensation
Employer's Liability
Statutory minimum.
$2,000,000.00 per accident for bodily injury or disease.

Commercial General Liability $2,000,000.00 per occurrence, $4,000,000.00 aggregate for bodily injury, personal injury and property damage.

Automobile Liability $2,000,000.00 per occurrence for bodily injury and property damage (coverage required to the extent
applicable to Developer's vehicle usage in performing
work hereunder).

18.2 Any deductibles or self-insured retentions must be declared to the City.

18.3 Prior to the commencement of construction of the Improvements, Developer shall furnish City with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
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(a) Providing that Developer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (cross liability endorsements); (b) Naming City, its Council, commissions, boards, committees, officers, employees and agents as additional insureds; and (c) Providing that Developer’s insurance shall be primary insurance relating to Developer’s work hereunder with respect to City, its Council, commissions, boards, committees, officers, employees and Agents, and further providing that any insurance or self-insurance maintained by City for itself, its Council, commissions, boards, committees, officers, employees and agents shall not be in excess of Developer's insurance and shall not be contributory with it.

Such insurance shall also specifically insure any contractual liability assumed by Developer under the terms of this Agreement, including, but not limited to, the provisions of subsection (a) above.

18.4 In the event that Developer receives notification that one or more of its insurance policies will be cancelled, Developer shall notify City as soon as possible, but in no event more than three (3) business days after receipt of the cancellation notice.

18.5 In the event that Developer's insurance is cancelled, Developer shall provide replacement coverage or all work must cease as of the cancellation date until replacement insurance coverage is provided.

19. Workers' Compensation Insurance. Developer shall provide, or cause to be provided, Workers' Compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to also maintain Workers' Compensation insurance as required by law. No Work shall commence until such Workers' Compensation insurance is obtained and in full force and effect.

20. Compliance with Laws. Developer shall comply with all federal, state and local laws, ordinances and regulations in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the residential development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request.

21. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required by City in order to perform the Work.

22. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work, except for those amounts that Developer is disputing in good faith. Developer further agrees that pursuant to Government Code section 66499.7, the 10 1929\08\2947501.2

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Payment Security provided by Developer in accordance with Section 13.1 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 8424.

23. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement, subject to opportunity to cure as provided in Section 24:
(1) Developer refuses or fails to commence or complete the Work within the time set forth herein or abandons the Work.
(2)
(3)
Developer fails to timely cure any defect in the improvements.

Developer fails to perform substantial construction work for a period of ninety (90) calendar days after commencement of the work. (4)
(5)
Prior to completion of the Project, Developer assigns this Agreement without the consent of City pursuant to Section 30 of this Agreement.

Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency.
(6)
(7)
Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement in any material respect.

Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property.

City may serve written notice of breach and default upon Developer and the financial institution holding the securities.

24. Opportunity to Cure. If City gives Developer notice under Section 23 of breach and default of this Agreement, Developer shall have thirty (30) days within which to correct, remedy or cure the default (or such longer period of time as may reasonably be required, provided that the Developer commence to remedy such default within thirty (30) calendar days period and thereafter diligently prosecute such remedy to completion). If the written notification states that the problem is urgent and relates to the public health and safety, then Developer shall have twenty four (24) hours to correct, remedy or cure the default (or such longer period of time as may reasonably be required, provided that the Developer shall commence to remedy such default within twenty four (24) hours and thereafter diligently prosecute such remedy to completion). If Developer does not cure the default within the applicable timeframe, City may pursue the remedies set forth in Section 25 below.
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25. Remedies.

25.1 City reserves to itself all remedies available to it at law or in equity. Any remedies specified herein are in addition to and not in lieu of other remedies available to City.

25.2 City may proceed to complete the Work by contract or other method City considers advisable, at the sole expense of Developer. Developer, immediately upon demand and evidence of actual cost, shall pay the costs and charges related to the Work and any subsequent repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the securities shall be liable to City to pay the face amount of the security, as specified under Section 13.

25.3 City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City's administrative and legal costs or pursue any other action at law or equity.

25.4 No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder.

25.5 The rights and remedies of City are cumulative, and the exercise by City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default.

26. Final Drawings. Upon completion of the Work and prior to final acceptance, Developer shall deliver to City a set of “as-built” drawings consistent with the Conditions. These drawings shall be in a form acceptable to the City Engineer, shall be certified as being “as-built” and shall reflect the Work as actually constructed, with any and all changes incorporated therein.

Said drawings shall be signed and sealed as accurate by the engineer of record.

27. Monuments. All pipes and monuments shown on the Final Map which are destroyed or displaced during construction operations shall be replaced by Developer at the time of the final inspection of the Improvements, if any.

28. Attorneys' Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit, reasonable attorneys' fees, arbitration costs and such other costs as may be determined by the court or arbitrator.

29. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by 12 1929\08\2947501.2

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generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

To the Developer: City Ventures
1185 Mason Street
San Francisco, CA 94123
ATTN: Samantha Hauser
To the City: City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Attn: City Manager
With a copy to: City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Attn: City Attorney

30. Assignment by Developer Prior to Project Completion. Prior to the completion of the initial construction of the Project, as evidenced by issuance of a certificate of occupancy by the City, the Developer may only assign this Agreement with prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. The documentation of such assignment shall be in the form of an assignment and assumption agreement acceptable to the City.

31. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto.

32. Interpretation. The word “including” shall be construed as if followed by the words “without limitation.” All exhibits and attachments to this Agreement are incorporated by reference as though fully restated herein. This Agreement shall be interpreted as though prepared jointly by both parties. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement.

33. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect.

34. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this 13 1929\08\2947501.2

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Agreement. This Agreement may not be altered, amended or modified without the written consent of all parties hereto.

35. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions.

Any legal actions under this Agreement shall be brought only in the Superior Court of the County of San Mateo, State of California.

36. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder.

37. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof.

38. Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be placed in escrow with the Developer’s purchase of the Property. Once the sale off the property has closed, this Agreement shall be recorded in the Official Records of San Mateo County. Upon recordation, this Agreement shall run with the Property. Upon completion of performance and satisfaction by Developer of its obligations under this Agreement, including warranty obligations, a written statement shall be recorded by City in the Official Records of San Mateo County terminating this Agreement and releasing all of the Property. The recorded written statement does not release the parties from obligations that survive termination of the Agreement, including indemnification.

IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date.

DEVELOPER

CITY VENTURES,
By:

Its:

By:

Its:

By: ____________________
Name:

Its:
14 1929\08\2947501.2

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By:

Its:

By: ____________________
Name:

Its:
[Signature must be notarized]
CITY

CITY OF SAN BRUNO,
a municipal corporation
____________________________
Alex McIntyre, Interim City Manager
[Signature must be notarized]
APPROVED AS TO FORM:

By:__________________________
, City Attorney
ATTEST:
____________________________
Lupita Huerta, City Clerk
15 1929\08\2947501.2

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Exhibit A
Legal Description of the Property
A–1
1929\08\2947501.2

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A–2
1929\08\2947501.2

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Exhibit B

PERFORMANCE BOND
B–1
1929\08\2947501.2

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Exhibit C

PAYMENT BOND
C–1
1929\08\2947501.2

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Exhibit D

FORM OF WARRANTY BOND
WHEREAS, the City of San Bruno (“City”), County of San Mateo, State of California, and City Ventures, (hereinafter designated as “Principal”) have entered into a Subdivision Improvement Agreement dated ___________, 20__ (“Agreement”), the terms and conditions of which are incorporated herein by reference, whereby Principal agrees to install and complete certain designated public improvements for the following project:
850 Glenview Drive Off-Site Improvements
WHEREAS, said Principal is required under the terms of said Agreement to provide a warranty security.

NOW, THEREFORE, we, the Principal and _________________ of _______________ organized and existing under the laws of the State of ___________, duly licensed to transact surety business in the State of California and authorized to execute bonds and undertaking as sole surety, as Surety, are hereby held and firmly bound unto the City in the amount of xxxxxxx dollars ($xx,xxx), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents..

THE CONDITION OF THIS OBLIGATION IS SUCH THAT , if principal (or its heirs, executors, administrators, successors, or assigns approved by the City) performs the covenants, conditions, and obligations of the warranty requirements of Section 13.1(c) of the Agreement, including the obligation to indemnify, defend, and hold harmless the City, set forth in Section 17, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The Surety’s obligation under this bond shall hold good for a period of one (1) year from the date of the City’s acceptance of said work.

The Surety’s obligation under this bond shall arise after the City has provided written notice to the Surety, at the address set forth below, of the Principal’s default under the Agreement, and the Principal’s failure to cure the default in accordance with the terms of the Agreement.

The Surety hereby agrees, for value received, that its obligations under this bond shall in no way be impaired or modified by any modification to the Agreement by the City and the Principal, and the Surety hereby waives notice of any such modification.

In the event suit is brought upon this bond, the surety shall pay reasonable attorneys’ fees and costs incurred by the prevailing parties in such suit, which fees and costs shall be in addition to the face amount of the bond.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the 1929\08\2947501.2

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Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles, and signatures.

ATTEST: PRINCIPAL:

By:
(SEAL)
By _________________(s)
(Witness as to Principal)
(Address)
(Address)
Surety
ATTEST:

Witness to Surety Attorney-in-Fact
(Address)
If PRINCIPAL is partnership, all partners must execute BOND. 1929\08\2947501.2

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Exhibit E

APPROVED REIMBURSEMENT AGREEMENT
1929\08\2947501.2

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DocuSign Envelope ID: 8C 09D6C6

REIMBURSEMENT AGREEMENT
This Reimbursement Agreement (“Agreement”) is entered into effective as of _ _ _ _
_ _
_ _ _
___
(the “Effective Date”) by and between the CITY of San Bruno, a California Municipal Corporation (referred to as “CITY”) and California Land Investments, LLC (referred to as “DEVELOPER”). CITY and DEVELOPER are referred to collectively herein as the “Parties” and each individually as a “Party”. This Agreement relates to Developer’s property and proposed development at 850 Glenview Drive and 2880 – 2890 San Bruno Ave. W., San Bruno 94066 (the “Project”).

RECITALS
A. DEVELOPER intends to submit an application for an Architectural Review Permit and Vesting Tentative to construct new townhome-style condominiums units at 850 Glenview Drive and 2880 – 2890 San Bruno Ave. W. in San Bruno. DEVELOPER may also submit other applications to the CITY during this process.

B. DEVELOPER acknowledges that CITY’s processing of the Project application(s) is for DEVELOPER’s benefit and will require CITY to incur certain costs. Accordingly, DEVELOPER agrees to reimburse CITY for all actual and costs associated with processing the Project applications, including but not limited to CITY staff time, outside consultant costs, and legal costs, in accordance with the terms of this Agreement.

NOW, THEREFORE, CITY and DEVELOPER agree as follows:

1. Reimbursement of Costs. DEVELOPER shall reimburse CITY for the following costs that are actually incurred in processing the Project applications and coordinating and inspecting Project construction (collectively, “Costs”), during the period commencing on the Effective Date through the date of CITY’s issuance of the final Building Permit and the Certificate of Occupancy required for the Project, unless earlier terminated pursuant to Section 6 of this Agreement:

1.1 All actual staff costs. CITY shall calculate staff time at CITY’s documented standard hourly rates as reflected in the CITY’s current Master Fee Schedule.

1.2 All actual costs incurred for services of consultants, legal fees, or other contracted services engaged by CITY. Upon entering this Agreement, City will provide information to Developer concerning the scope and budget for such costs.

2. Deposit. Within fifteen (15) calendar days of executing this Agreement, DEVELOPER agrees to deliver to CITY a check for Seventy Thousand Dollars ($70,000) as a deposit for the work to be performed by CITY staff and consultants pursuant to this Agreement (referred to as the “Deposit”). CITY and DEVELOPER acknowledge that this Deposit amount is an estimate of the expected Costs. The total Costs may exceed this amount; and, in the event that this amount may not be sufficient to cover the anticipated actual Costs of consultant services, including legal fees, and CITY staff costs, DEVELOPER agrees to submit funds to CITY in sufficient amounts to increase the Deposit pursuant and subject to Section 3 of this Agreement to pay the actual Costs incurred. CITY shall use the Deposit solely to pay the amounts described in Section 1.

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DocuSign Envelope ID: 8C9A2F2C-0F54-4ED7-9996-7B09D6C649D3

3. Maintenance of Deposit. DEVELOPER shall submit funds to CITY in sufficient amounts to increase the Deposit amount to at least $15,000 within fifteen (15) calendar days of receipt of written notice from CITY that the Deposit amount is $5,000 or less. If DEVELOPER fails to submit funds to CITY in sufficient amounts to increase the Deposit amount to at least $15,000 within fifteen (15) calendar days of CITY providing written notice that the Deposit amount is $5,000 or less, CITY will suspend processing Project permit applications (if applicable under the circumstance) until DEVELOPER provides adequate funds to increase the Deposit amount to at least $15,000. Following thirty (30) days after issuance of the final building permit Certificate of Occupancy for the Project, subject to CITY’s verification that all of the Costs in Section 1 have been paid, and upon DEVELOPER’ written request, CITY shall refund the remaining Deposit amount to DEVELOPER within sixty (60) days thereafter. If upon completion of CITY’s verification, the Deposit amount is insufficient to cover all of the Costs described in Section 1, DEVELOPER will promptly pay the remaining balance to CITY. CITY shall not issue final Project approvals or clearance until all monies due are paid.

4. 5.

Summary of Work Performed. The CITY shall provide DEVELOPER with a summary of the total cost and services provided by the City’s staff and third-party consultants for work performed under this Agreement. If the DEVELOPER requests detailed invoice information, CITY will provide invoices of consultant work performed directly related to the review and processing of DEVELOPER’s Project. CITY may redact any privileged information.

Condition Precedent and Failure to Pay. As long as DEVELOPER maintains the Deposit and reimburses CITY for the Costs outlined in this Agreement, CITY shall perform those functions described herein. DEVELOPER acknowledges that failure to pay said amounts when due under this Agreement in accordance with Sections 3 and 6 herein shall result in the inability of the CITY to complete its required activities and will result in the immediate cessation of any work in progress and the subsequent inability of the CITY to continue processing said work.

6. Termination. Should DEVELOPER withdraw its applications, it may terminate this Agreement by and upon providing notice in the manner indicated in Section 9 below. If DEVELOPER is in default of any of its obligations under this Agreement, including failure to replenish the Deposit within the period provided in Section 3, and fails to cure such default within fifteen (15) calendar days following written notice from CITY, then CITY may terminate this Agreement by notice to DEVELOPER in the manner indicated in Section 9 below and, thereafter, CITY shall have no further obligation to process applications for the Project. DEVELOPER shall be responsible for the payment of eligible costs incurred by CITY up to and including the date of notice of termination regardless of which party terminates this Agreement. Any additional unexpended funds deposited with CITY pursuant to this Agreement shall be returned to DEVELOPER following payment of all eligible costs incurred prior to termination, CITY shall refund the remaining Deposit amount to DEVELOPER within sixty (60) days thereafter.

7. No Commitment as to Future Approvals. Nothing in this Agreement shall be construed as a commitment to grant or issue any Project approvals or any other preliminary or formal approvals in connection with the Project. DEVELOPER acknowledges and agrees that nothing in this Agreement limits CITY's discretion, in any manner, with respect to any aspect of the Project.

DEVELOPER agrees that it shall remain obligated to pay all eligible Costs, pursuant to this Agreement, regardless of whether any aspect of the Project is approved. Notwithstanding the

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DocuSign Envelope ID: 8C9A2F2C-0F54-4ED7-9996-7B09D6C649D3 aforementioned, CITY shall in good faith expeditiously and with all diligence process the Project approvals.

8. Indemnity. CITY shall have no liability for any loss, cost, expense, or damage, direct or indirect, to DEVELOPER on account of any act or omission of any consultant or on account of the quality, content, or conclusions of the materials prepared by any consultant engaged by CITY pursuant to this Agreement. To the fullest extent permitted by law, DEVELOPER agrees to defend, indemnify, and hold harmless CITY and its officials, agents, officers, and employees, with counsel acceptable to CITY (which approval should not be unreasonably withheld), from any third-party claim, action, or proceeding against CITY or its officials, agents, officers, or employees involving the work of CITY and its consultants pursuant to this Agreement, including but not limited to any claims, actions, or proceedings to attack, set aside, void or annul an approval of CITY, any advisory agency, appeal board, or legislative body, whether or not such claim, action or proceeding is brought within the time period provided for in California law, except to the extent such claims arise from CITY’s (including its officials, agents, officers, or employees) sole or gross negligence or willful misconduct. CITY will promptly notify DEVELOPER of any claim, action or proceeding subject to this provision, and will cooperate fully with DEVELOPER in the defense of any such claim, action, or proceeding.

DEVELOPER further agrees to defend, indemnify and hold CITY harmless and its officials, agents, officers, employees, with counsel acceptable to CITY (which approval should not be unreasonably withheld), for all costs and expenses, including attorneys’ fees, incurred by CITY or held to be the liability of CITY in connection with CITY’s defense of its actions in any proceeding brought in any legal challenge including any administrative or State or Federal court action challenging CITY’s actions with respect to DEVELOPER’s Project.

9. Notices. Any notice requirement set forth herein are deemed to be satisfied if: (a) personally delivered; (b) dispatched by next day delivery by a reputable carrier such as Federal Express or DHL to the addresses indicated below of CITY and/or DEVELOPER, as applicable, provided that a receipt for delivery is provided; or (c) sent by registered or certified mail, or express mail, return receipt requested, with postage prepaid. Such addresses as listed below may be changed by notice to the other Party given in the same manner as provided above at least ten (10) days prior to the date such change is effective. All notices under this Agreement shall be deemed given and received on the earlier of the date personal delivery is made or on the delivery date or attempted delivery date shown on the return receipt or air bill.

Any written notice to DEVELOPER shall be sent to:

Contact Name: Samantha Hauser
Company: California Land Investments, LLC
Address: 444 Spear Street, Suite 200, San Francisco CA 94105 Phone: (646) 522-4260
Email: [email protected]

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DocuSign Envelope ID: 8C9A2F2C-0F54-4ED7-9996-7B09D6C649D3 Any written notice to CITY shall be sent to:

Alex McIntyre, City Manager or
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
with a copy to:

Trisha Ortiz, City Attorney
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
with a copy to:

Michael Laughlin, Planning and Housing Manager
City of San Bruno
567 El Camino Real
San Bruno, CA 94066

10. 11.

Time of the Essence. For the purpose of this Agreement and of each provision of this Agreement, time is of the essence.

Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and no other agreement, statement or promise made by any Party, or to any employee, officer, or agent of any Party, which is not contained in this Agreement shall be binding or valid. This Agreement is not subject to modification except in writing signed by all Parties.

12. Attorneys’ Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing Party will be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

13. Cooperation. Each Party to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement. The Parties shall act in good faith toward each other and shall act in a fair, diligent, expeditious and reasonable manner, and no Party shall take any action that will prohibit, impair or impede any other Party’s exercise or enjoyment of its rights and obligations secured through this Agreement.

14. Relationship of the Parties. The Parties acknowledge and agree that each Party is an independent entity with respect to the terms contained in this Agreement. DEVELOPER acknowledges and agrees that the work performed by any consultants shall be directed and controlled by the CITY completely independently of DEVELOPER and that DEVELOPER has no right to direct or control that work. Notwithstanding the preceding, with the understanding by CITY and DEVELOPER that final work products and deliverables prepared by third-party consultants

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DocuSign Envelope ID: 8C9A2F2C-0F54-4ED7-9996-7B09D6C649D3 shall reflect the independent judgment of the CITY, DEVELOPER can provide comments on any and all work product and deliverables prepared by third-party consultants.

15. Authorized Signatories. Each of the undersigned hereby warrants and represents that he/she is duly authorized to execute this Agreement on behalf of the entity for whom he/she signs.

16. Governing; Jurisdiction; Venue. This Agreement shall be interpreted under the laws of the State of California. Jurisdiction and venue of litigation arising from this Agreement shall be in the County of San Mateo, State of California.

17. Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed to be an original, and together shall constitute one agreement. Signatures may be exchanged by pdf electronic image files, and each shall be valid, binding, and admissible upon delivery as though they were ink originals.

18. Amendments. This Agreement may be amended only by means of a writing signed by both the DEVELOPER and the CITY.

19. Severability. If any term, provision, covenant or condition of this Agreement is held in a final disposition by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability.

20. Interpretation. Each Party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement.

IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date.

CITY OF SAN BRUNO DEVELOPER
10/10/2023
By: __ ______
Alex McIntyre, City Manager Date
Print Name: Samantha Hauser
EVP
Its:
10/10/2023
Date:

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DocuSign Envelope ID: 8C9A2F2C-0F54-4ED7-9996-7B09D6C649D3 Attest:
10/11/2023
Lupita Huerta, City Clerk
Approved as to form:
10/8/2023
Trisha Ortiz, City Attorney

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Honorable Mayor and Members of the City Council
March 11, 2025

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project contract documents, which include the design specifications, are on file with the Public Works Department.

On January 22, 2025, staff issued a notice inviting bids for the construction of the Sweeney Ridge Emergency Water Main Rehabilitation Project. Notice to bidders was posted on the City’s website and provided to construction distribution advertisement centers. The project was also advertised twice in the San Mateo County Times newspaper on January 22, 2025, and January 29, 2025. Staff held a mandatory pre-bid meeting on January 30, 2025. On February 20, 2025, staff conducted the bid opening for the project and received three sealed bids as follows:

No. Contractor Golden Bay
Construction, Inc
Base Bid
(Basis of
Award)
Bid Additive
Alt-A
Total (Base Bid
+ Bid Additive
Alt-A)
1 Golden Bay Construction,
Inc
$1,275,034 $170,166 $1,445,200
2 C2R Engineering, Inc $1,417,670 $215,400 $1,633,070
3 Con-Quest Contractors,
Inc
$1,441,440 $448,750 $1,890,190
Golden Bay Construction, Inc, submitted a base bid in the amount of $1,275,034, which is approximately $270,406 below the engineer’s estimate of $1,545,440. Golden Bay Construction, Inc’s total bid with the addition of the Bid Additive Alternative A of $170,166 to remove and replace approximately 359 feet of pipeline is $1,445,200 and is still the lowest bid. Staff reviewed the bid materials and determined Golden Bay Construction, Inc to be the lowest cost, responsive and responsible bidder.

Staff recommends awarding the base bid and the Bid Additive Alternative A in the amount of $1,445,200 to Golden Bay Construction, Inc, which has an office located in Hayward, CA.

Golden Bay Construction, Inc has satisfactorily completed pipeline rehabilitation projects for Fountain Hills Sanitation District, Santa Margarita Water District, City of Palo Alto, City of Pleasanton, City of San Jose, and the City of San Bruno. Additionally, Golden Bay Construction, Inc meets the contractor qualifications and has a valid contractor’s license required to perform the scope of work of this project. Based on the contractor’s experience and performance with other public agencies, staff determined that Golden Bay Construction, Inc meets the qualifications to perform the work for the Sweeney Ridge Emergency Water Main Rehabilitation Project as specified in the contract documents.

The public will be impacted by the intermittent closure of the Sweeney Ridge hiking trail. The public will have minimal impact from the noise and dust resulting from construction activities because the project vicinity is remote. In addition, the contractor will need to access the pipeline through land owned by other agencies like San Francisco Public Utilities Commission (SFPUC) and Golden Gate National Recreation Area (GGNRA). Staff is currently working with these agencies to fulfill their requirements and acquire the necessary permits. Staff will post public notices and notify the agencies prior to starting construction. Should the project be awarded, staff anticipate construction starting at the end of March 2025, and taking approximately three months to complete.

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Honorable Mayor and Members of the City Council
March 11, 2025

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FISCAL IMPACT:

The Sweeney Ridge Water Tank (Water Tank No. 7) Replacement Project is an approved project with an appropriated CIP budget of $1,093,810 for fiscal year 2025 and the project currently has a total available balance of approximately $100,000. Additional budget was anticipated to be requested during the fiscal year of tank construction; however, as a result of the deterioration of the pipeline leading to the Sweeney Ridge tank, Staff has split the project and advanced the Sweeney Ridge Emergency Water Main Rehabilitation Project. City Council appropriated an additional $2,250,000 budget to the project during the 2025 mid-year budget adjustment to complete the construction of the main replacement project. Golden Bay Construction, Inc’s construction contract amount of $1,445,200 and the construction contingency of $217,000 accounts for the construction portion of the total project budget expected to be closer to $2,327,332 as detailed below.

Staff expects this total budget to be sufficient to cover the cost of construction, project/ construction management, environmental compliance consultation, material testing and City staff effort required to complete the project.

Total estimated emergency project cost are as follows:

Design (West Yost) $ 250,000
Project Management during Design $ 50,000
Construction Contract (Golden Bay Construction) $ 1,445,200 Contingency (15% of Construction Contract) $ 217,000
Estimated Staff Management $ 55,000
Estimated Construction Management and Inspections $ 110,132 Estimated Environmental Compliance Consultation $ 150,000 Estimated Materials Testing $ 50,000
Estimated Total Project Cost $ 2,327,332
ENVIRONMENTAL IMPACT:

This project falls within the Categorical Exemption set forth in CEQA Guidelines, Section 15269(b), which exempts emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety or welfare.

RECOMMENDATION:

Consider Adoption of a Resolution:
• Approving the Design of the Sweeney Ridge Emergency Water Main Rehabilitation Project;
• Authorizing the City Manager to Execute a Construction Contract with Golden Bay Construction, Inc for the Sweeney Ridge Emergency Water Main Rehabilitation Project in the amount not to exceed $1,445,200;
• Approving a Construction Contingency of $217,000; and • Determining the Project is Exempt Under the California Environmental Quality Act

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Honorable Mayor and Members of the City Council
March 11, 2025

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ALTERNATIVES:

1. Reject all bids and direct staff to re-advertise the project. This action will delay the completion of the Sweeney Ridge Emergency Water Main Rehabilitation Project, prolong the deterioration of the pipeline and increase the risk of catastrophic failure that could lead to loss of life and/or property damage. The City may also receive higher bids during the re-advertisement which would increase the cost of the project.

ATTACHMENTS:

1. Resolution

2. 2024-25 CIP Budget Worksheet

3. Location Map

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RESOLUTION NO. 2025 - ___

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

DESIGN OF THE SWEENEY RIDGE EMERGENCY WATER MAIN REHABILITATION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION

CONTRACT WITH GOLDEN BAY CONSTRUCTION, INC FOR THE SWEENEY RIDGE

EMERGENCY WATER MAIN REHABILITATION PROJECT IN THE AMOUNT NOT TO EXCEED $1,445,200; APPROVING A CONSTRUCTION CONTINGENCY OF $217,000; AND

DETERMINING THE PROJECT IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of San Bruno’s (City) FY 2024-25 Capital Improvement Program (CIP) includes the Sweeney Ridge Water Tank (Water Tank No. 7) Replacement Project; and WHEREAS, the Sweeney Ridge Water Tank (Water Tank No. 7) Replacement is currently in the design phase; and
WHEREAS, over the past three years, the pipeline slated for rehabilitation as part of this project has experienced multiple breaks requiring multiple emergency interventions; and WHEREAS, the frequency of breaks increased in 2024 indicating a concerning deterioration of the pipeline and City staff are concerned that the pipeline may experience a major failure before it can be rehabilitated as part of original project; and WHEREAS, a major failure of the pipeline would result in significant harm; and WHEREAS, staff has split the Sweeney Ridge Water Tank (Water Tank No. 7) Replacement Project to allow for an accelerated emergency rehabilitation of the water main pipeline portion of the original using Primus Lining, referred to as the Sweeney Ridge Emergency Water Main Rehabilitation Project; and
WHEREAS, the Primus Lining product has been successfully used by other agencies to rehabilitate steel pipelines quickly without excavation and therefore reducing environmental impact and accelerating construction.; and
WHEREAS, the Sweeney Ridge Emergency Water Main Rehabilitation Project Design, which consists of plans and specifications on file with the Public Works Department, was completed in January 2025 by West Yost, who are designers of the original Tank Replacement Project; and
WHEREAS, on January 22, 2025, staff issued a notice inviting bids for the construction of the Sweeney Ridge Emergency Water Main Rehabilitation Project; and WHEREAS, the project was advertised twice in the San Mateo County Times newspaper on January 22, 2025, and January 29, 2025; and
WHEREAS, staff held a mandatory pre-bid meeting on January 30, 2025; and WHEREAS, on February 20, 2025, staff conducted the bid opening for the project and received three (3) bids; and
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ATTACHMENT 1
2 WHEREAS, the base bid from Golden Bay Construction, Inc was in the amount of $1,275,034, which is $270,406 below the engineer’s estimate of $1,545,440; and WHEREAS, Golden Bay Construction, Inc total bid with the addition of the Bid Additive Alternative 1 of $170,166 is $1,445,200 and is still the lowest bid; and WHEREAS, based on the contractor’s experience and performance with other agencies including San Bruno, staff determined that Golden Bay Construction, Inc. meets the qualifications to perform the work for the Sweeney Ridge Emergency Water Main Rehabilitation Project; and WHEREAS, the estimated total cost of the project, which includes design, design phase project management, construction, materials testing, environmental compliance consultation, staff management, and construction contingency is $2,327,332; and WHEREAS, this project falls within the Statutory Exemption set forth in CEQA Guidelines, Section 15269(b), which exempts specific actions necessary to prevent or mitigate an emergency.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:
• Approves the Design of the Sweeney Ridge Emergency Water Main Rehabilitation Project;
• Authorizes the City Manager to Execute a Construction Contract with Golden Bay Construction, Inc for the Sweeney Ridge Emergency Water Main Rehabilitation Project in the amount not to exceed $1,445,200;
• Authorizes the City Manager or the City Manager’s designee to do all things necessary and proper to effectuate the purposes of this resolution; • Approves a Construction Contingency of $217,000; and
• Determines the Project is Exempt Under the California Environmental Quality Act ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on March 11, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk

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Honorable Mayor and Members of the City Council
March 11, 2025

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DISCUSSION:

The proposed Agreement with Robert Half includes:
• Competitive hourly rates for various job classifications • A streamlined process for requesting and filling temporary positions • Vetting candidates and screenings conducted by the agency (in addition to background screenings conducted by the City)
As proposed, the Agreement will vary from the standard template Agreement for Consultant Services and will exceed the total dollar amount qualified as an exemption from the Award of Contract Policy. There are three areas of focus included in the proposed Agreement, as outlined below. The estimated cost of services is based on anticipated need.

Public Works
Operational assistance at the Public Works Corporation Yard, in an amount not to exceed $75,000. This support at the Corporation Yard will allow for succession planning throughout the fiscal year.

Operational assistance to support Senate Bill 1383 (SB 1383) implementation and compliance support, as well as other administrative duties as assigned, in an amount not to exceed $20,000. SB 1383 aims to reduce organic waste in landfills and recover edible food that would otherwise be disposed of.

Administrative Services
Operational assistance in the Finance Division to backfill a temporary vacancy within the accounting function of the Division, in an amount not to exceed $99,700. This position is critical for several high priority projects, including the development and implementation of the operating budget, and the maintenance of the accounting functions related to the annual audit.

Operational assistance for public counter customer service and revenue services assistance, in an amount not to exceed $84,000. This position is to backfill an Accounting and Customer Service Representative vacancy. The vacancy is on hold in the recruitment process. This temporary service will bridge the vacancy from current through appointment of staff to the position.

FISCAL IMPACT:

Funding for temporary staffing services is currently allocated from existing departmental budgets through contractual services or through staff vacancies. The total estimated budget is approximately $279,000, based on projected staffing needs. This cost will be managed within the respective Department authority approved in the fiscal year budget and reviewed periodically to ensure fiscal responsibility and compliance ENVIRONMENTAL IMPACT:

There is no 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

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Honorable Mayor and Members of the City Council
March 11, 2025

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environmental analysis is required.

RECOMMENDATION:

Adopt of a Resolution authorizing the City Manager to execute an Agreement with Robert Half for temporary contractual staffing services for various City departments in an amount not to exceed $299,000.

ALTERNATIVES:

Do not adopt the resolution as proposed and direct staff to modify operational programming within existing staffing.

ATTACHMENTS:

1. Resolution with Exhibit A (Draft Agreement for Consultant Services)

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1 RESOLUTION NO. 2025 - __

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

CITY MANAGER TO EXECUTE A CONTRACT WITH ROBERT HALF FOR TEMPORARY

CONTRACTUAL STAFFING SERVICES ACROSS VARIOUS CITY DEPARTMENTS IN AN AMOUNT NOT TO EXCEED $299,000
WHEREAS, the City of San Bruno has experienced increased demands for temporary staffing services due to employee vacancies, increased workload demands, and special projects requiring short-term personnel support.; and
WHEREAS, the City utilizes temporary staffing contracts to address these needs; and WHEREAS, the current Award of Contract Policy, adopted by the City Council in Resolution No. 2024-54 in June 2024, provides that City Council approval is necessary for all contracts that do not conform to the City’s standard form agreement; and
WHEREAS, the proposed Agreement for Consultant Services with Robert Half, attached hereto as Exhibit A (the “Agreement”) does not conform to the City’s standard form agreement WHEREAS, the proposed contract with Robert Half includes competitive hourly rates for various job classifications, a streamlined process for requesting and filling temporary positions, and the vetting of candidates and screenings; and
WHEREAS, Public Works has an operational need at the Corporation Yard for sucession planning, and to support Senate Bill 1383 implemenation and compliance (organics); and WHEREAS, Administrative Services has an operational need to backfill a temporary vacancy in the accounting function, and customer service support in revenue services; and WHEREAS, funding for temporary staffing services is currently allocated from existing departmental budgets through contractual services or through staff vacancies. The total estimated cost is approximately $299,000, based on projected staffing needs; and WHEREAS, this cost will be managed within the respective Department authority approved in the fiscal year budget and reviewed periodically to ensure fiscal responsibility and compliance; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the Agreement and authorizes the City Manager to execute the Agreement, with such changes deemed necessary.

Exhibit A: Agreement for temporary services contractual staffing services ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on March 11, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
2 EXHIBIT A

AGREEMENT FOR TEMPORARY CONTRACTUAL STAFFING SERVICES
[see attached]

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Agreement for Consultant Services
City of San Bruno and Robert Half Inc. Page 1 of 16

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into as of the last date of execution below, by and between the CITY OF SAN BRUNO (“City”), a municipal corporation, and Robert Half Inc. , doing business through its administrative & customer support contract talent, finance & accounting contract talent, finance & accounting full -time engagement professional, marketing & creative contract talent, and technology contract talent practice groups, a Delaware corporation, with offices located at 50 California St 10th Fl, San Francisco, CA 94111 and 919 E Hillsdale Blvd Ste 275, Foster City, CA 94404 (“Consultant”).

RECITALS
WHEREAS, City desires to engage Consultant to provide temporary staffing services (“Services”).

WHEREAS, Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the Services described in this Agreement.

WHEREAS, Consultant has affirmed its willingness and ability to perform such work.

It is agreed between the City of San Bruno, California, and Consultant as follows:

1. Term. The term of this Agreement shall commence on August 1, 2024, and shall terminate on the 31st day of June 30, 2030, This agreement shall automatically renew for successive one -year terms unless either party gives the other written notice of termination at least 30 days prior to the end of the current term.

2. Scope of Services to be performed . Consultant shall provide Services described in a Statement of Work (“SOW”) substantially in the form attached hereto as Exhibit A and incorporated herein by reference. Each SOW shall be signed by City and Consultant and shall state at minimum the name of Consultant’s employee (each a “Assigned Individual”) assigned to assist City, their role, their start date, their hourly rate, and the Not-to- Exceed Amount for that placement. Notwithstanding any language in this Agreement to the contrary (including any references to consulting, consultant, fixed -price, deliverables, acceptance of deliverables, or milestones), Consultant shall be performing staffing services and not consulting services and shall be compensated on a time and materials basis only.

Consultant provides staffing services and does not provide consulting services or deliverables.

3. Time. Each SOW shall specify the Assigned Individual’s start date and expected end date.

4. Compensation to Consultant
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ATTACHMENT 1, Exhibit A

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City shall pay Consultant for the services on a time and material basis with a not-to- exceed amount in accordance with the provisions of this Section and the Compensation Schedule specified in the applicable SOW and incorporated herein by reference.

Consultant’s compensation for all work performed in accordance with a specific SOW shall not exceed the amount specified in the SOW without additional authorization from the Director of Public Works. No billing rate changes shall be made during the term of this Agreement without the prior written approval of the Director of Public Works. In the event of a conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, this Agreement shall prevail. The total not to exceed amount for this Agreement is: TWO HUNDRED AND NINETY-NINE THOUSAND DOLLARS ($299,000).

Notwithstanding anything to the contrary in this Agreement, Consultant may at any time, in its sole discretion, discontinue performance of the services once the Not-to-Exceed Amount has been attained (even if Consultant continued to provide services after the Not -to-Exceed Amount was reached).

4.1 Consultant shall submit monthly invoices to City for the work performed the preceding month. Consultant’s bills shall include the name of the person who performed the work, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbur sable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. Hourly rates for all assignments will be agreed on a case -by-case basis. Assigned Individual will present a time sheet or an electronic time record to City for verification and approval at the end of each week.

Consultant will bill City for the total hours worked. Consultant's invoices will include applicable sales and service taxes, all of which are payable by City. If applicable, overtime will be billed at 1.50 times the normal billing rate. Federal law defines overtime as hours in excess of 40 hours per week, state laws vary. If state law requires double time pay, the double time hours will be billed at 2.00 times the normal billing rate. In the event City wishes to convert any of Consultant's Assigned Individuals from its administrative & customer support, finance & accounting contract talent, marketing & creative contract talent, or technology contract talent practice groups (each a “non -FT Assigned Individual”) , City agrees to pay a conversion fee in accordance with this Section. The conversion fee will equal 35% of the non-FT-Assigned Individual 's aggregate annual compensation, including bonuses. The conversion fee is payable if City hires the non-FT Assigned Individual, regardless of the job classification, on either a full -time, temporary (including temporary assignments through another agency) or consulting ba sis within twelve months after the last day of the assignment. The same calculation will be used if City converts Consultant's non-FT Assigned Individual on a part -time basis using the full-time equivalent salary; however, the conversion fee will not be less than $1,000. Consultant's Assigned Individual s from its finance & accounting full -time engagement professional practice group (each a “FT Assigned Individual”) are full- time, salaried employees of Consultant, and clients are discouraged from directly hiring FT Assigned Individuals. City agrees to seek Consultant's permission before City hires Consultant's FT Assigned Individual. City also agrees to pay a conversion fee if City hires Consultant's FT Assigned Individual, regardless of the employment classification, on either a full -time, temporary (including temporary engagements

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through another agency) or consulting basis within twelve months after the last day of the engagement. The conversion fee will equal the following:

1. 1 to 52 weeks - 50% of the FT Assigned Individual’s aggregate annual compensation, including bonuses.

2. 53 to 105 weeks – 25% of the FT Assigned Individual’s aggregate annual compensation, including bonuses.

3. 106 + weeks – 12.5% of the FT Assigned Individual’s aggregate annual compensation, including bonuses.

The conversion fee will be owed and invoiced upon City's hiring of Consultant's FT Assigned Individual, and payment is due upon receipt of this invoice. The same calculation will be used if City converts Consultant's FT Assigned Individual on a part-time basis using the full-time equivalent salary.

4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City.

Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant:

A. The actual costs of sub consultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement.

B. Approved reproduction charges.

C. Actual costs and/or other costs and/or payments specifically authorized in advance by the City Manager in writing and incurred by Consultant in the performance of this Agreement.

4.3 Consultant is solely responsible for all of its recurring business costs, including, but not limited to the payment of all taxes, business permit fees, professional licenses and overhead and shall not separately charge those costs to the City.

5. Designated Staff Contact. The Human Resources Division will be responsible for monitoring performance of this agreement.

6. Standard of Performance. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this agreement and that it will perform all Services in a manner commensurate with industry standards. Qualified and experienced personnel who are not employed by the City shall perform all services, nor have any contractual relationship with the City. Consultant guarantees City's satisfaction with Consultant's Assigned Individual's services by extending to City (i) an eight (8) hour guarantee for members of the administrative & customer support contract talent and finance & accounting contract talent, ( ii) a two (2) day (16 hours) for members of the marketing & creative contract talent practice group, and (iii) a five (5) day (40 hours) guarantee period for members of the technology contract talent and finance &

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accounting full-time engagement professional practice group (as applicable, the “Guarantee Period”). If, for any reason, City is dissatisfied with the Assigned Individual assigned to City, Consultant will not charge for the Guarantee Period worked, provided Consultant is allowed to replace the Assigned Individual. Unless City contacts Consultant before the end of the Guarantee Period, City agrees that Consultant's Assigned Individual is satisfactory for purposes of this guarantee.

7. Insurance. Consultant shall return an executed copy of this Agreement with proof of insurance and endorsements to insurance coverage satisfactory to the City that shows that on or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement insurance coverage as follows: a) statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant with limits not less than $2,000,000, b) Commercial General and Automobile Liability insurance in an amount not less than two million dollars per occurrence, naming the City, its officers, officials and employees as additional insureds, and c) professional liability insurance for licensed professionals performing work pursuant to this agreement in an amount not less than $ 2,000,000 covering the licensed professionals’ errors and omissions. Consultant shall not allow any sub-Consultant to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the sub-Consultant.

8. Indemnification. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City and its Council, officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, suits, actions, losses, costs, damages, injuries (including, without limitation, economic harm, injury to or death of an employee of Consultant or its Subconsultants), expenses and liabilities of every kind, nature and description, at law or equity (including, without limitation, incidental and consequential damages), and reasonable attorneys’ fees and costs, litigation expenses, court costs, and fees of expert consultants or expert witnesses, and costs of investigation (collectively “Defense Costs”) that arise from Consultant or Consultant’s agents (including employees and Assigned Individuals) negligence, willful misconduct, violation of this Agreement, Consultant’s personnel practices, or violation of applicable law (collectively “Liabilities”). Consultant shall control the defense of any Claim and engage counsel of its choice after approval from the Indemnitee, provided that such approval shall not be unreasonably withheld . Notwithstanding anything to the contrary in this Agreement, Consultant shall not be liable for or have any duty of defense or indemnification with respect to any negligence or willful misconduct of the Indemnitees.

This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.

9. Assignment of Personnel. If City asks Consultant to remove a person assigned to the work called for under this Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.

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10. Assignment and Subcontracting. Consultant shall not assign this Agreement or any portion thereof to a third party without the prior written consent of City, and any attempted assignment without such prior written consent in violation of this Section shall automatically terminate this Agreement. Unless otherwise specified in Exhibit “A”, Consultant shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City.

11. Ownership of Documents. All work product produced by Assigned Individuals pursuant to this Agreement is the property of the City. In the event this Agreement is terminated, all work product produced by Assigned Individual shall be delivered at once to the City.

12. Termination of Agreement. The City may, at any time from execution of Agreement, terminate this Agreement, in whole or in part, for the convenience of the City, by giving written notice specifying the effective date and scope of such termination. In the event of termination, all finished or unfinished documents, shall immediately become the property of the City and shall be promptly delivered to the City as per above. In the event of termination, Consultant shall be paid for all work performed in accordance with Agreement until termination. Such payment shall be that portion of the full payment, which is determined by the City Manager by comparing the work/services completed to the work/services required by this Agreement. Consultant may terminate this Agreement with thirty (30) days’ notice to City.

13. Standard of Care and Payment of Permits/Licenses. Consultant represents and warrants it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession and to perform said work/services. Consultan t shall maintain a City of San Bruno business license during the term of this Agreement.

14. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

15. Retention of Records. Consultant shall maintain all records related to this Agreement for no less than three years after the City makes final payment or after termination of this contract and all other pending matters are closed. All billing records, and supporting documentation, shall be subject to the examination and/or audit by agents of the City, the State of California and/or Federal grantor agencies. This audit provision shall not apply to confidential information, including but not limited to, Consultant's Assigned Individual's personnel files or the remuneration paid by Consultant to its Assigned Individuals and subcontractors.

16. Merger Clause. This Agreement, including any exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date.

Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in

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writing and signed by the City Manager. In the event of a conflict between the terms, conditions, or specifications set forth herein and those in the exhibits attached hereto, the terms, conditions, or specifications set forth herein shall prevail. This A greement, or facsimile proposal of the Agreement, constitutes the entire Agreement between City and Consultant. Nothing in this Agreement shall obligate any Consultant branch office or practice group other than Robert Half’s the administrative & customer s upport contract talent, and finance & accounting contract talent, and finance & accounting full -time engagement professional from the branch office located at 919 E Hillsdale Blvd Ste 275, Foster City, CA 94404 and the marketing & creative contract talent, and technology contract talent practice groups from the branch office located at 50 California St 10th Fl, San Francisco, CA 94111 (the “Branches”), to perform services under the terms and conditions contained herein. Notwithstanding the foregoing, Robert Half Inc. shall be responsible for any liability or claim arising out of the Branches’ performance of the services under the terms of this Agreement.

17. Waiver, Severability, Choice of Law, Venue. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this agreement, which shall continue in full force and effect, provided that the remainder of this agreement can be reasonably interpreted to give effect to the intentions of the parties. The laws of the State of California shall govern this Agreement and all matters relating to it and venue for state court shall be in San Mateo County Superior Court, Redwood City and for federal court in San Francisco.

18. Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, the County of San Mateo, and the San Bruno Municipal Code. To the extent this Agreement calls for a “public work” as defined by state law, prevailing wages shall be paid pursuant to Cal. Labor Code 1720, et seq.

19. Conflict of Interest.

a. In general. Consultant represents and warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances that could give rise to a “conflict of interest,” as that term is defined in the Political Reform Act, as codified at California Government Code Section 81000, et seq., on the part of the Consultant, or that Consultant has already disclosed all such relevant information in writing.

b. Subsequent Conflict of Interest. Consultant agrees that if an actual or potential conflict of interest in the part of the Consultant is discovered after award, the Consultant will make a full disclosure in writing to the City. This disclosure shall include a description of the actions, which the Consultant has taken or proposes to

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take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict and shall take all such steps within thirty (30) days.

c. Interests of City officers and staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Consultant nor any member of the Consultant’s family shall serve on any Ci ty board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Consultant’s operations or authorizes funding Consultant.

20. Confidentiality. All communications and documents, including drafts, preliminary drawings, or plans, notes that result from the services under this Agreement, shall be kept confidential unless City authorizes in writing to release the information or document. Consultant understands the City is a public agency and is subject to laws that may compel it to disclose information about Consultant’s business. This section shall not apply to (1) information that is in the public domain; (2) information that w as known to the receiving party before receipt of the information from the disclosing party; or, (3) information received from a third party having the right to lawfully possess and disclose such information without breaching any promise of confidentiality. In addition, no receiving party shall be in violation of this Agreement if required to disclose such information by a court of competent jurisdiction or governmental agency with power to force disclosure. However, upon receipt of a subpoena or other orde r to produce Confidential Information, the receiving party shall promptly notify the disclosing party in writing of such disclosure requirement. City agrees to hold in confidence an Assigned Individual 's social security number and other legally protected personal information, and City agrees to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure.

21. Independent Contractor. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant is or shall become an employee of City. The work to be performed shall be in accordance with the Scope of Services described in this Ag reement, subject to such directions and amendments from City as herein provided.
a. All work and other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personne l, and Consultant and all of Consultant’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform the Services, including, without limitation, a City of San Bruno business license as required by the San Bruno Municipal Code. Consultant will determine the means, methods, and details of Consultant’s personnel’s employment.
b. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and

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Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. c. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall no t become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees R etirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.
d. City shall provide the Assigned Individuals providing services to Client with day-to-day direction and feedback/guidance. City shall not permit or require Assigned Individuals (i) to perform services outside of the scope of Assigned Individual's assignment; (ii) to sign contracts or statements (including SEC documents); (iii) to make any management decisions; (iv) to make any final decisions regarding system design, software development or the acquisition of hardware or software; (v) to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables; (vi) to use compute rs, or other electronic devices, software or network equipment owned or licensed by Assigned Individual; (vii) to operate machinery (other than office machines) or automotive equipment. City may request that Consultant permit its Assigned Individuals to provide services to City remotely (i.e., from a location other than City's offices) using City's or Consultant's laptop and/or other computer or telecommunications equipment (the “Equipment”). City acknowledges and agrees that Consultant shall have no control over, and City shall be solely responsible for, (i) the logical and physical performance, reliability and security of the Equipment or related devices, network accessibility and availability, software, services, tools and e -mail accounts (collectively, “Computer Systems ”) used by the Assigned Individual, and (ii) the security, integrity, and backing up of the data and other information stored therein or transmitted thereby. Moreover, City must not permit Assigned Individual to save or store any of City's files or other d ata on the Computer Systems provided by Consultant (including, but not limited to, any virtual desktop infrastructure solution). City agrees that Consultant shall not be liable for any loss, damage, expense, harm, business interruption or inconvenience resulting from the use of such Computer Systems. Since Consultant is not a professional accounting firm, City agrees that City will not permit or require Assigned Individual (a) to render an opinion on behalf of Consultant or on City's behalf regarding financ ial statements; (b) to sign the name of Consultant on any document; or (c) to sign their own names on financial statements or tax returns. It is understood that City has full responsibility for: (i) providing safe working conditions as required by law, including compliance with all public health and occupational safety

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regulations and guidelines applicable to City's business, and (ii) ensuring that safety plans exist for, and safety related training is provided to, Assigned Individuals working on City's premises. If City requires Consultant to perform background checks or other placement screenings of Assigned Individuals, City agrees to notify Consultant prior to the start of services under this Agreement. Consultant will conduct such checks or screenings only if they are described in a signed, written amendment to this Agreement. If City requests a copy of the results of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purp oses. Notwithstanding anything in this Agreement to the contrary, Consultant’s maximum liability for any specific engagement, in any case, will not exceed the fees paid to Consultant for that engagement. Any respective obligations of City or Consultant her eunder which by their nature would continue beyond the termination, cancellation or expiration of this Agreement including Section 4 shall survive such termination, cancellation or expiration.

22. PERS Compliance . The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personne l to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Refo rm Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

23. Consultant. Notices required by this Agreement, and invoices for payments due shall be mailed to:

City of San Bruno
Attention: Jennifer Dianos
Administrative Services Department | Human Resources Division 567 El Camino Real
San Bruno, CA 94066

Notices to Consultant shall be mailed to

Robert Half Inc.

Client Contracts Dept.
3001 Bishop Drive, Suite 140
San Ramon, CA 94583

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24. Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies and other printed materials on recycled paper, and to use recycled products, where possible and economically feasible, for the work subject to this Agreement.

25. Solicitation. Consultant agrees not to solicit any business at any meeting, focus group or interview related to this Agreement, either orally or through any written materials.

26. Alternative Dispute Resolution. If any dispute arises between the parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

(a) Each party shall designate a senior management or executive level representative to negotiate any dispute;

(b) The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

(c) If the issue remains unresolved after ten (10) days of good faith negotiations, the parties shall attempt to resolve the disagreement by negotiation between legal counsel. If the above process fails, the parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

(d) The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days and shall be concluded within 15 days from the commencement of the
mediation.

(e) The parties shall equally bear the costs and fees of any third party in any alternative dispute resolution process.

(f) The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either Party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code § 900, et. Seq.

27. Attorneys Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other

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Agreement for Consultant Services
City of San Bruno and Robert Half Inc. Page 11 of 16

relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. Attorneys fees and related costs incurred by the parties in conjunction with Section 27 shall be borne by the incurring party.

THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES

Robert Half Inc. EOE Date City Manager Date
City of San Bruno

APPROVED AS TO FORM
Consultant’s Tax I.D./ Social Security number

_______________________________
City Attorney
__________________________________
Consultant’s San Bruno Business License number

Contract Approved by City Council on ___________ (date)

ATTEST

_______________________________
City Clerk

Attachments: A – Statement of Work (5)

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• Revenue Measure Oversight Committee, 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). • Emergency Preparedness Committee: 1 Vacancy (term expires 10/31/2026) • Parks & Recreation Commission, youth rep: 1 vacancy (terms expires upon high school graduation)
DISCUSSION:

The City Council conducted interviews during its Special City Council meeting on February 24, 2025 for vacancies on the following:
• San Bruno Community Foundation Board
• Emergency Preparedness Committee; and
• Parks & Recreation Commission – Youth Representative
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:

Make New Appointments to Fill Current Vacancies on the San Bruno Community Foundation; and Commissions, Boards and Committees, Emergency Preparedness Committee and Parks & Recreation Commission - Youth Representative.

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ALTERNATIVES:

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

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

ATTACHMENTS:

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

2. Matrix of Applicants

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Section 8. Appointments to City Commissions, Boards and Committees (CBCs)
A. 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.

B. 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 Chair if they would like to make a nomination.

Round Two: Simultaneous Voting Process for Nominees
o City Clerk to call Council members alphabetically, with the Vice Mayor and Mayor last.
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ATTACHMENT 1
o Once called upon, Council members shall vote for their preferred nominee or abstention.
o In 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 o City Clerk to call Council members alphabetically, with the Vice Mayor and Mayor last.
o Once called upon, Council members shall vote for their preferred nominee or abstention.
o In 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 o City Clerk to call Council members alphabetically, with the Vice Mayor and Mayor last.
o Once called upon, Council members shall vote for their preferred nominee or abstention.
o In 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.

C. Appointment Process for SBCF Board of Director Appointments

Founded in 2013 by the City of San Bruno, the San Bruno Community Foundation (SBCF) is a 501(c)(3) tax-exempt nonprofit organization. The SBCF is distinguished from other City CBC’s in that its legal structure is a dependent- nonprofit corporation under the City of San Bruno and SBCF Board members have a legal fiduciary duty to the Foundation (not the City). As such, the City Council has established the following Alternative Process for appointing SBCF

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Board members, which may be used at the discretion of the Mayor or a majority of the City Council.

1. Advertising for and recruitment of SBCF Board members shall be done in accordance with Section 7D of this document, with the exception that:
o The City Council shall receive all applications.
o The Council may meet to review applications and determine which applicants to invite for an interview.
o The SBCF Board shall select two members to attend and participate in the City Council interview process.
o The appointment process for SBCF Board members shall follow the procedures outlined in Section 7A (option: Section 7B) of this document.

D. Recruitment Officer for Commission, Board or Committee Members

1. The City Clerk serves as the official Recruitment Officer for members of the CBC’s. As such, the City Clerk is responsible for advertising vacancies (whether scheduled or unscheduled) in conformance with Government Code section 54974, receiving and processing applications, scheduling interviews, and preparing staff reports related to CBC appointments. Additionally, as the CBC Recruitment Officer, the City Clerk is responsible for maintaining the City’s official lists of CBC membership, vacancies, appointment dates, and term expirations.

2. Prior to the end of the term for a filled position or when a CBC position is vacated, the City Clerk shall initiate a recruitment, which includes an initial recruitment period of 10 business days or greater, and/or schedule interviews to fill the position, if there are at least 2 individuals have applied for vacancy.

3. Per Government Code Section 54974 (a), a Notice of Vacancy, shall be posted not earlier than 20 days before, or not later than 20 days after the vacancy occurs. The Notice of Vacancy shall be posted to the City’s website, as well as published on the City’s social media accounts, and the City Clerk’s Office will share the Notice of Vacancy with the City Council during the initial recruitment period, schedule permitting. The initial recruitment period may be extended at the discretion of the City Clerk in the event that fewer than 2 individuals have applied for the vacancy.

4. Per Government Code Section 54974 (a), final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerk’s office.

5. Notwithstanding a decision to extend the initial recruitment period, the City Clerk shall furnish all submitted applications to the City Council at the close of the initial recruitment period and each subsequent recruitment period. During

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the period when the recruitment is extended, if a majority of the City Council requests to interview the applicants, the City Clerk shall work to schedule interviews with the City Council.

6. Unless directed by a majority of the City Council, all CBC applicants shall be given the opportunity to be interview by the City Council.

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General Fund
Table 1 provides a summary of the fiscal year 2025 (FY25) revenue and expenditure estimates.

Both revenue and expenditure are tracking lower than the approved budget for the fiscal year, which results in an operating surplus of $0.6 million, excluding any proposed budget amendments.

Table 1. General Fund
Estimated actual revenues are projected to be approximately $2.9 million less than the budgeted amounts. This shortfall can be attributed to three main categories. First, in the taxes category, there are lower-than-expected amounts in business license taxes ($0.6 million), cannabis taxes ($0.6 million), and hotel taxes ($0.3 million). The second significant category is intergovernmental revenues, where we anticipate not fully receiving the Vehicle License Fee

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(VLF) in-lieu amount, continuing a trend from previous years, resulting in a reduction of $1.6 million. Lastly, the General Fund will not realize the expected parking citation revenues, as those funds have been transferred to the Parking Fund, totaling a loss of $0.8 million.

On the expenditure side, estimated actual FY25 expenditures are expected to be approximately $4.15 million below budget. Most departments have managed to keep expenditures under budget due to various factors, primarily related to salary savings. The budget accounted for anticipated savings from staff vacancies; however, the actual vacancy rate has exceeded projections. While some of the planned work will be completed through alternative means instead of regular staffing, it is important to note that this represents missed productivity and potential budgetary savings.

Recreation and Aquatic Center (RAC) Fund
The RAC Fund was established as part of the FY25 budget to enhance accessibility to the RAC's financial health. As a new fund, revenues were projected to cover expenditure without information on the RAC’s previous financial performance. Generally, expenditures are easier to estimate than revenues since the largest expense is personnel. Revenues are seasonal, and staff currently do not have enough data to project year-end revenue for the RAC. Conversely, expenditures, primarily related to personnel, have slightly trended below budget.

As of the soft close on February 28, 2025, the RAC's revenue stands at approximately 28 percent of the adopted budget, while expenditures are at 59 percent. This has resulted in a year-to-date deficit of around $1.4 million. At the end of the fiscal year, any operating deficit in the RAC Fund will necessitate an interfund transfer from the General Fund to balance the Special Revenue Fund.

Parking Fund
The Parking Fund was established for the fiscal year 2023-2024 with a $2.0 million loan from the General Fund. As of June 30, 2024, the Fund reported an operating deficit of $0.26 million, which is expected given the program is currently in start-up. However, being a self-supporting Enterprise Fund, this deficit must be recovered through future operating surpluses or use of fund balance. For cash-flow purposes, the original loan advanced more money than required to fund the purchase of the required infrastructure, given the expectation that the program would likely run a deficit in the first year. As of June 30, 2024, the Fund had a cash balance of $0.95 million, which represents the balance of the original $2 million loan from the General Fund.

Table 2 summarizes the Parking Fund’s financial status as of the end of February, showing an operating deficit, including the allocated General Fund loan repayment, of $20,000. The deficit is based on estimates for allocated paid parking citation revenue and expenditures which were originally budgeted in the General Fund. Combined with the initial deficit of $0.26 million, the Parking Fund now has a cumulative deficit of $0.28 million and an estimated cash balance of $0.79 million.

Looking ahead, the Fund requires significant attention if the desire is for the Parking Enterprise Fund to operate as a self-supporting operation. Specifically, unlike other funds, the Fund has not reimbursed costs incurred for direct staff time and general overhead that support the Paid Parking Program. This practice has resulted in a significant subsidy of the Parking Fund since its inception. Additionally, the General Fund loan repayment, which amounts to $0.58 million for

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the first year based on a four-year repayment term and 4 percent interest, may not be feasible in FY25 due to an insufficient operating surplus. At year-end close, staff will recommend whether to charge all or a portion of the loan repayment for FY25.

Table 2. Parking Fund
As of 2/28/2025
soft close ($ million)
Beginning Balance, 7/1/24 ($0.26)
Revenue
Paid parking revenue 0.42
Citation revenue* 0.56
Total Revenue $0.98
Expenditure
Personnel 0
Equipment & supplies 0.50
Citation processing fees** 0.11
Internal services/ Overhead Charges 0
Loan Repayment to General Fund*** 0.39
Total Expenditure $1.0
Surplus/ (Deficit) ($0.02)
Ending Balance, 2/28/25 ($0.28)
*Estimate. The Paid Parking Program citation revenue is currently mixed with other citation revenue in the General Fund. Staff is working to reconcile the proper receipts to the Parking Fund. ** Estimate. The payment of citation processing fees is commingled for all citations in the General Fund and staff is working to reconcile the amount attributed to Parking Fund citations. The processing fees include flat fees paid to the County and State plus processing fees from the citation processing company.
***Repayment of the General Fund loan has not commenced and may not occur if sufficient funds are not available on 6/30/25.

Budget Amendment
The proposed budget amendments, totaling $5.2 million, are outlined in Table 3 by Fund, with further details on individual requests provided in Attachment 2. The column labeled “Net Impact per Fund” indicates the increase or (decrease) in each Fund resulting from the budget amendment.

The most notable budget amendments are $0.82 million will be drawn from the One-Time Reserve Fund (003) to finance the following projects:

• $0.19 million for SWAT and Pistol Equipment Replacements • $0.05 million for the Emergency Operations Plan
• $0.15 million for Meeting Room Audio-Visual Upgrades at the Recreation and Aquatic Center (RAC)
• $0.15 million for the Storm Drain System Condition Assessment Update • $0.25 million for the Stormwater Trash Capture Installation • $0.03 million for the Regulated Output Streetlight Replacement Phase One Project

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As of June 30, 2024, the balance of the One-Time Revenue Reserve is $16.53 million. Upon closing the books on September 30, 2025, for FY25, the General Fund surplus and potential uses of Measure Q for the two Stormwater projects will replenish the One-Time Revenue Reserve. At this time, however, the budget requires amendment so that work can commence before the year-end close.

In addition to the General Fund and One-time Revenue Reserve Fund, budget amendments of $0.89 million, another $4.31 million is requested for several capital projects that are required by new regulations, e.g. emergency projects and water tank maintenance. The total budget amendment has a net impact on City Funds of $5.2 million.

Table 3. Budget Amendment Requests
Summary of requested amendments and expenditures by fund Fund Number Fund Name Revenue Expenditure
Net Impact per
Fund
001 General Fund $ - $ 68,000 $ (68,000) 003 One-time Capital Fund $ - $ 820,000 $ (820,000) 201 Park and Facilities $ 50,000 $ 50,000 $ - 203 Street Improvement $ 56,000 $ 56,000 $ - 207 Technology Capital $ 120,000 $ 120,000 $ - 611 Water $ - $ 3,181,000 $ (3,181,000) 621 Stormwater $ 400,000 $ 561,000 $ (161,000) 631 Wastewater $ - $ 801,000 $ (801,000) 651 Parking Fund $ - $ 165,000 $ (165,000) 703 General Equipment $ 194,000 $ 194,000 $ - Grand Total $ 820,000 $ 6,016 ,000 $ (5,196,000) FISCAL IMPACT:

Overall, the recommended amendments result in a net revenue decrease of $5.2 million, mostly attributed to capital spending anticipated in the Water Enterprises and corrections to the budget for unrecorded account expenditures. Attachment 2 lists mid-year budget amendment requests with justification that will be recorded in the City’s budget system, if approved by City Council.

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 Amending the Fiscal Year 2024-25 Budget.

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ALTERNATIVES:

1. Approve the recommendation as modified by Council.

2. Take no action on the recommendation, which may delay ongoing projects.

ATTACHMENTS:

1. Resolution

2. Mid-year budget amendment requests with justification

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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING THE FISCAL YEAR 2024-25 ADOPTED BUDGET
WHEREAS, the City prepares and adopts its budgets with the intent of funding City Council priority initiatives, operations, and capital improvements through a planned program of services adopted in the annual budget and recorded in the City’s financial system; and WHEREAS, the City Council approved Resolution No. 2024-52 adopting the Fiscal Year 2024-25 (FY25) Operating and Capital Budget on June 24, 2024; and WHEREAS, the City Council may amend the adopted budget as necessary to account for changing conditions and supplemental budget requests; and WHEREAS, the City Council has received and fully considered a mid-year budget report and recommended amendments;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Bruno hereby:

1. Approves the recommended mid-year budget amendments to the FY25 budgets as follows:

2. Directs staff to make the appropriate entries to the City’s financial system to reflect this action.
---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on March 11, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
Summary of requested amendments and expenditures by fund Fund Number Fund Name Revenue Expenditure
Net Impact per
Fund
001 General Fund $ - $ 68,000 $ (68,000) 003 One-time Capital Fund $ - $ 820,000 $ (820,000) 201 Park and Facilities $ 50,000 $ 50,000 $ - 203 Street Improvement $ 56,000 $ 56,000 $ - 207 Technology Capital $ 120,000 $ 120,000 $ - 611 Water $ - $ 3,181,000 $ (3,181,000) 621 Stormwater $ 400,000 $ 561,000 $ (161,000) 631 Wastewater $ - $ 801,000 $ (801,000) 651 Parking Fund $ - $ 165,000 $ (165,000) 703 General Equipment $ 194,000 $ 194,000 $ - Grand Total $ 820,000 $ 6,016 ,000 $ (5,196,000) 132 of 154
ATTACHMENT 1
Fund(s)
001
001
001
001
201
203
203
207
611
Summary of Fiscal Year 2024-2025 mid-year budget
amendment requests
Program Requested Description Amendment Justification
• Graphics on Edge (8) invoices
• DNA lab tests ordered to continue work on a cold case Police $ 23,061 Supplies & Equipment • Continued funding of a now expired federal grant to utilize a digital forensics analysis tool for cellphone data. The tool saves hundreds of workhours, but it was not incorporated into FY25 budget planning. • Funding source: General Fund unassigned fund balance
• Partition desk to accommodate new Management Analyst position Police $ 12,362 Office Furnishings • Furnish office for new Police Lieutenant • Funding source: General Fund unassigned fund balance
The sleep room accommodates staff working long hours to meet Police $ 25,000 Department sleep room service levels. Construction costs are more than double the original budget of $20,000.
• Funding source: General Fund unassigned fund balance
Additional funding for hazardous waste pickups which are overdrawn Public Works Fund additional hazardous due to unanticipated operating expenses. This amendment ensures Streets $ 8,000 waste pickup there are sufficient funds to support at least one more pickup for the remainder of the fiscal year.
• Funding source: General Fund unassigned fund balance
Parks & Emergency Operations San Bruno's Emergency Operations Plan has not been updated since Facilities $ 50,000 Plan study & gap analysis, 2008. This important item improves the City's emergency resilience and Capital community engagement, responsiveness.
training • Funding source: One-time Revenue Reserve
The City is in the process of installing the new solar powered streetlights. However, there are two locations that potentially contact overhead PG&E secondary power lines, presenting a hazard to during Regulated Output the installation process, and possibly result in future contact between Streets Capital $ 25,000 Streetlight Replacement, the power lines and the solar unit during high winds. This amendment Phase One funds moving these two streetlight installation locations, which will require excavation and installation of new concrete streetlight pole foundations.
• Funding source: One-time Revenue Reserve
This project was originally funded by a grant through the San Bruno Community Foundation (SBCF), and amendments to this project were Pedestrian safety and not included in last year's budget cycle with the intent to secure Streets Capital $ 31,064 traffic-ealming program additional grants from SBCF. Because a grant was not secured, we are deficit requesting to transfer funds from general fund to zero out the balance and close the project.
• Funding source: One-time Revenue Reserve
This project provides the equipment and technology upgrades needed to ensure that the city meetings at the RAC are professionally recorded and broadcast.

Technology Recreation and Aquatic • Replace technology in Community Hall AV closet to reconfigure the Capital $ 120,000 Center Meeting Room room to better serve needs for City Council and community meetings.

Upgrades • Retrofit the existing classrooms and meeting rooms to better meet needs of staff and members of the public with potential "bring your own device" solution.
• Funding source: One-time Revenue Reserve
Princeton Pump Station The project scoped changed to meet operational and maintenance Water $ 650,000 needs. Generator • Funding source: Water Fund 133 of 154
ATTACHMENT 2
Fund(s) Program Requested Description Amendment Justification Summary of Fiscal Year 2024-2025 mid-year budget
amendment requests
611 Water (532,072)$
Pressure Regulator Station
Improvement &
Replacement Program -
Rollingwood Drive
The project scope has changed due to recommendations in the updated water master plan. The budget reduction is now available for other Water Capital project needs.
* Funding source: Water Fund
611 Water 2,250,000$ Sweeney Ridge Tank
Replacement
Based on our cost estimates, the City does not have sufficient funds appropriated to the project to complete this emergency work. An additional $2 million in appropriations are estimated to complete this work and cover the expenses for ongoing non-emergency project work for the fiscal year.
* Funding source: Water Fund
611, 621,
631
Water,
Wastewater,
Stormwater
Enterprises
1,774,663$ General Administration
Overhead Allocations
The FY25 budget included allocation of General Administration Overhead as a revenue to the General Fund but was not captured as expenditures in the City's Enterprise Funds. This amendment corrects the oversight and has a nominal impact of the Enterprise Funds. * Funding source: Water, Wastewater, Stormwater Funds
621 Stormwater 250,000$ 2024-25 Trash Capture
Installation Project
This is a new project that must be completed in FY 2024-25 to ensure regulatory compliance, but it was not incorporated into FY25 budget planning.
* Funding source: One-time Revenue Reserve
621 Public Works 150,000$
Storm Drain System
Condition Assessment
Report
Received proposals to complete the assessment were higher than originally budgeted.
* Funding source: One-time Revenue Reserve
651 Paid Parking 165,000$ Paid parking program -
transaction & bank fees
This expenditure was not budgeted for FY25 because citation revenue, and related expenditures, were included in the General Fund budget.

The amount is an estimate and will fluctuate based on citation revenue collections.
* Funding source: Parking Fund
703 Police $ 38,905 SWAT Equipment
Replacement
6 SWAT Helmet and Vest replacements. Current equipment has expired, and the department is required to replace per legal regulations, but it was not incorporated into FY25 budget planning.
* Funding source: One-time Revenue Reserve
703 Police $ 155,000 Firearms Equipment
Replacement
Department Pistols/Accessories/Holsters/Training Aids/Additional Training Ammo passed their serviceable life 2 years ago and must be replaced. These replacements are normally done every 10 years, , but it was not incorporated into FY25 budget planning.
* Funding source: One-time Revenue Reserve
Total 5,195,983$

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assumption that vacancies will decline over the forecast period and that forecasted expenditures (and programmatic revenues) will converge with expected capacity needs. • Forecasting and Budgeting Estimates and Accounting Differences: Because they include years of compounded changes, forecasts are highly sensitive to inputs such as long-term inflation (indicative of future costs). While the budget process will follow the City Council’s adopted budget principles for assumptions and conservativeness in estimates for FY26, forecasted years may diverge due to differences in near- and long- term assumptions, particularly regarding growth rates. Additionally, the forecast shown removes some accounting activities for projections (most notably, the fair market value adjustment for unrealized gains/(losses) at the end of each fiscal year, which has no material impact on current year revenues and expenditures.) It is also important to note that forecast categories have not been fully evaluated for correlation; while statistical methods are used to develop some forecast categories1, the upper and lower bounds represent extreme outcomes rather than an exact likelihood of occurrence. • Known or Anticipated Events: The forecast assumes that long-term trends will generally continue, except where a known change is planned. An example would be secured property tax, which sees measurable effects the first year a major development is complete and its value assessed, but whose future increases more closely follow the maximum increase under Proposition 13. The forecast incorporates estimates of future events to the extent that they are known from a timing and magnitude perspective, including these discrete examples:
o Commercial development projects: These include the YouTube office campus expansion and the Tanforan redevelopment projects with incremental gains in the forecast period; however, most activities occur outside the forecast timeframe.
o Other commercial elements: Forecasted events include the Hyundai/Genesis dealership relocating, the closure of most businesses at The Shops at Tanforan, and significantly lower than expected cannabis tax revenue. o Personnel expenditure increases: Assumptions for successor agreements with the City’s bargaining units, CalPERS pension costs, and other fringe benefits are incorporated.
• Other General Funds: The preliminary forecast discussed at the City Council Goal Setting Retreat included only the General Fund that provides services to the community.

The other General Funds are restricted by City Council policy or practice and do not support ongoing services. The most notable and material difference between Fund 001 and the General Funds presented in some other contexts includes Measure G (Fund 005). Measure G is a general-purpose tax and is accounted for separately from the other sales taxes in Fund 001. The forecast assumes that the City Council will continue dedicating Measure G Funds primarily to capital programs. However, since Measure G 1 Several stable categories use a deterministic static method, while volatile or unknown categories use an exponential smoothing time series method. Some professional judgement also applied (typically <1% of total resources or requirements).

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is a general tax and may be used for any governmental purpose, the revenue may be used to balance future year operating deficits.

Long-term Forecast
Forecasting primarily aims to prepare for future events, positive or adverse, with as much warning as possible. Using historical data to separate trends and seasonality from statistical “noise,” forecasts can help make proactive decisions about where to deploy or reserve capital and effort. Additionally, forecasting allows scenario modeling to help identify when and where to utilize various levers of available control to achieve City Council budget principles and priorities.

An important feature of forecasting is that it is inherently wrong – forecasters acknowledge that actual results will differ from the predictions, but the direction, degree, and consistency are all important. In practice, this manifests primarily in the context of budgeting and risk tolerance. The City’s one-year budget forecast incorporates the direction that the City Council provides in terms of preferred categories of error (i.e., should actuals differ from the budget consistently in one direction) and allowable uncertainty. In technical terms, forecast displays vary depending on the degree to which reality is likely to fall within a range of outcomes; in practical terms, more certainty typically results in unused (which is not to say useless) planning.

The five-year forecast covers FY26-FY30, Table 1. The table shows expected General Fund resources increasing from $60.9 million to $75.3 million with a corresponding requirement increase from $62.2 million to $79.1 million. The result is a mid-point projection of a structural operating deficit. The projected $1.1 million deficit in FY26 increases throughout the forecast, with the most rapid growth coming in FY27. The deficit is projected to grow less rapidly but persist during the latter half of the forecast period due to the land development timelines, which affect the revenue mixture during the forecast period.

The ongoing expectation of requirements in excess of resources indicates the necessity for strategic fiscal interventions; however, it is also important to note the progress made in past periods. In recent fiscal years, the City Council has considered the resource needs and pursued revenue or operational measures to meet these needs and fund future operations. The five-year deficit expectation has dropped by approximately $5.7 million over the same forecasted time frame as compared to the forecast prepared in the prior year, substantially narrowing the gap.

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Table 1: Forecast General Fund surplus/ (deficit)
The above forecast is an aggregation of individual programmatic forecasts, shown at an annual level. When investigating the drivers of the projected deficit, several factors stand out. These factors are described in greater detail below:
• Service Levels: The forecast assumes the continuation of current service levels, with staffing levels and associated revenues and expenditures expected to operate under current planned conditions. This distinction is important as it helps understand the gap between budgeted services and the actual delivery due to staffing vacancies. The forecast assumes that the actual capacity and planned capacity will converge over the course of the period, but to the extent that capacity is unavailable to provide services, both expenditures and program-related revenues (such as for recreation programs) are expected to fall below forecasted levels. Similarly, to the extent that conditions differ from the assumptions, actual revenues and expenditures may be higher or lower than forecasted levels.

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• One-time Revenues: No substantial one-time revenues are on the horizon, emphasizing the need for a sustainable revenue generation and fiscal management approach.
• Deferred Maintenance: A significant challenge is the need to address deferred maintenance for City infrastructure and facilities, totaling $1.1 billion pointing to a critical need for prioritizing capital investments and exploring funding options. The San Bruno voters approved Measure Q in November 2024, providing a dedicated method to address some infrastructure needs, though the $102 million measure does not address the totality of the deferred maintenance needs.

The operating deficit is projected to grow over the forecast period, underscoring a continued need for comprehensive financial planning and the development of mitigation strategies. To address the operating deficit, City Council has several levers available to intervene. Some of these are discussed below:
• Revenue Measures: City Council can consider raising additional revenues through various means. General or special taxes require a majority and supermajority vote of the residents, respectively, while fees and charges for services must be tied to their service.

A general tax with the potential to increase revenue sufficient to offset the forecast deficit is an additional ½ cent sales tax, estimated at approximately $3.5 million. If the City desires to pursue an increase to the local sales tax rate, work must commence in Fiscal Year 2025-26 to secure authorization for the added tax through special legislation at the state level. Increases to business taxes and transient occupancy taxes may also be general taxes; however, the revenue generated by those tax increases is less impactful in light of the forecast deficits.
• Service Level Changes: The modification of current service levels to provide fewer services or attempt to recover a higher percentage of costs, each materially affecting the net revenue for programs, with ranges depending on the nature of the service considered.

Significant Revenue Risks
The revenues discussed below are at risk, and their reduction or loss directly impacts the City’s finances. When viewing the forecast, if one or more of the following events materialize, the respective revenue sources would be lower than the presented values. • Property tax in-lieu of Vehicle License Fees (In-lieu VLF) and Educational Revenue Augmentation Fund (ERAF): In-lieu VLF is a decades-old State action that reduced local agency VLF revenue and backfilled the lost revenue using property taxes, In-Lieu VLF. The complicated formula instituted by the State adversely impacts several counties in California, including San Mateo County, by failing to meet the backfill needs. The County projects that the City will lose $3 million in structural revenue if the backfill formula remains as-is and the State does not close the gap resulting from their action that effectively shifted local tax dollars to Sacramento. In addition to the In-Lieu VLF, this category includes the net effect of the Educational Revenue Augmentation Fund (ERAF) shift, as estimated by the City’s property tax consultants.

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• Federal Funding Sources: The City has historically received funding by way of the Federal government in a number of ways, from nutrition and transportation programs to a share of asset forfeitures and beyond, with direct funding totaling $0.9 million annually.

Changes in the structure and funding level of the Federal government are unlikely to increase the amount of funding received but may credibly reduce these amounts, though the magnitude and timing of potential changes are extremely difficult to estimate. • Walmart.com tax sharing agreement: On April 17, 2023, the California Department of Tax and Fee Administration (CDTFA) notified the City and Walmart.com about a $27.5 million sales tax reallocation to other areas. In response, on October 26, 2023, the City and Walmart contested this decision, which could result in a potential repayment of $15.3 million if the CDTFA prevails. Due to the uncertainty surrounding this revenue source, the City is working to minimize its reliance on Walmart.com funds by deferring essential capital investments, and underinvesting in public safety budgets. In light of the CDTFA's actions, the City has begun to set aside a portion of the Walmart.com funds with the intention of investing in one-time capital infrastructure, should the City succeed in the litigation. However, reserving these funds has had a significant impact on the City's finances both in the short term and long term.

Future Forecast Improvements
Looking to the future, the potential for refining the forecast is vast, but time and resources are limited. Plans include exploring more sophisticated methods such as machine learning and neural network models. More foundational is incorporating the known or expected events and creating contingency plans for potential outcomes. Identifying known or anticipated events that may materially affect the forecast and the potential levers available to the City Council for consideration will improve the forecast and continue through budget development.

FISCAL IMPACT:

There is no fiscal impact from this item.

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. a Mitigation Monitoring and Reporting.

RECOMMENDATION:

Receive Report on the City's Long-Range Forecast for Fiscal Years 2022-23 through Fiscal Year 2029-30.

ALTERNATIVES:

None
ATTACHMENTS:

None

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Pavement condition is typically quantified using the pavement condition index (PCI), which ranges from 100 (best) to 0 (worst). Pavement conditions are affected by the environment, traffic loads and volumes, construction materials, and age. The PCI scale is divided into four general condition categories. Pavements in “Good” condition have a PCI above 70, pavements in “Fair” condition have a PCI between 50 and 69, pavements in “Poor” condition have a PCI between 25 and 49, and finally pavements in “Failed” condition have a PCI below 25. The City’s current PCI is 63.

In NCE’s 2024 Pavement Management Program Update, NCE provided several construction budgets targeting various PCI for planning purposes. The report identified scenarios with construction estimates ranging from $3.5 million to $11.4 million, resulting in PCIs ranging from 63 to 80, respectively, in 2022 dollars. It is important to note that NCE’s estimates reflect construction costs and do not include design, project management, contingency, and inflation.

According to the U.S. Bureau of Labor Statistics report on the Producer Price Index for Asphalt, the cost of asphalt has increased 43 percent since 2022. Considering inflation of 43 percent, a 10 percent contingency budget, and design and project management costs, staff recommends adjusting NCE’s construction estimates by 60 to 70 percent for planning purposes. Table 1 identifies a total of $35.5 million over four years, which means that staff will design recommend PMP projects to optimize available resources in each year of the proposed spending plan, which will be reviewed annually as part of the CIP budget process.

Stormwater – City staff is currently updating the 2014 Storm Drain Master Plan, which evaluates the City-owned and operated storm drain system. The system in general flows from the west of Highway 280 to the east towards the San Bruno Channel. The system has four closed conduit outlets to San Bruno Channel. Two of them are gravity outlets at Pine Street and Cupid Row.

The other two are pressure systems via the Walnut Pump Station and the Angus Pump Station constructed and owned by the San Mateo County Flood and Sea Level Rise Resiliency District (also known as OneShoreline).

Over the next four years, staff anticipates using Measure Q funds to replace deteriorated or deficient storm drainage infrastructure to help reduce property damage or flooding, all while remaining in compliance with stricter regulatory requirements and facing ever strengthening storms. The recurring flooding on the eastern side of the City is influenced by various factors such as tides and sea level rise in a multijurisdictional landscape. Staff will continue the work necessary to collaborate regionally on projects, such as those identified by OneShoreline and City/County Association of Government (C/CAG) at the January 25th City Council meeting, to leverage Measure Q funds with multi-agency funding of projects to mitigate flooding in the low- lying section of San Bruno.

Fire Station No. 52 – The infrastructure receiving the greatest share of Measure Q funds in the first planning period is the Fire Station No. 52 replacement project. The current Plan includes $24 million for construction. Actual construction costs may exceed this based on the ultimate design, and therefore additional funding sources may be needed. The City is currently exploring the potential of relocating the Station to an alternative site. If an alternative site is identified as the preferred location for the replacement Station, there may be an additional cost to acquire the land. However, the project is envisioned to be in the conceptual design phase until late FY27, when construction will commence.

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FISCAL IMPACT:

This item has no fiscal impact as the City is currently in the initial spending plan phase. At the March 25th City Council meeting, the Council will be asked to provide final direction on the Measure Q spending plan so that work can begin as early as April 2025, with a possible bond sale in late 2025 or early 2026.

ENVIRONMENTAL IMPACT:

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

RECOMMENDATION:

Receive proposed Measure Q spending plan and provide direction for incorporation in the Fiscal Year 2025-26 Capital Improvement Program
ALTERNATIVES:

Provide alternative direction.

ATTACHMENTS:

None

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DISCUSSION:

Staff’s proposed spending plan for Measure G of $3.48 million in FY26 and is comprised of the following four components, each discussed in Attachment 1 and summarized in Table 1:
• City Council’s FY26 top priority initiatives
• Augmented wildfire mitigation
• Enhanced education and enforcement for the July 4th holiday • Community event grant program
Table 1 – Recommended FY26 Measure G Spending Plan Summary (See Attachment 1 for greater detail on each request.)
Proposed Budget Item FY26 Est. ($)
City Council top priority initiatives
· Community communications and engagement program 0.10 million · Mitigation of illegal dumping and maintenance of street medians 0.50 · Residential Parking Permit Program (RPPP) assessment 0.30 · Retrofit of regulated output (RO) streetlight system 1.80 · Strategic analysis of major City-owned properties 0.20 Augment wildfire mitigation 0.30
Enhance education and enforcement for the July 4th holiday 0.08 Community event grant program 0.20
Total $3.48 million
The Committee provided the following input on City staff’s proposed uses of Measure G revenue for the upcoming fiscal year:
• The Committee recommended that the City Council use Measure G revenue for the pavement management program (PMP) on an annual basis, with limited use for other purposes outlined in the ballot measure, such as wildfire mitigation. • The Committee reached a consensus that voters approved Measure G to improve street conditions.
• The Committee expressed concern with City staff’s proposal because it does not recommend using Measure G for the FY26 PMP. City staff’s proposal recommended using Measure G for other purposes outlined in the ballot measure and recommended instead using only Measure Q funds for FY26 PMP.
• The Committee urged the City Council to identify another source, such as Measure Q, to maintain augmented funding for the FY26 PMP.

The Committee voted 3-2 in concurrence that City staff’s proposed spending plan conforms with intended uses as exemplified in the 2019 Measure G ballot language. In favor: Members Marty, Hedley, and Evangelist; Opposed: Chair Gregory and Member Glassner; Absent: Vice Chair Clifford and Member Cheng Zedler. Chair Gregory indicated that she could not concur with City staff’s proposal without knowing if the Measure Q spending plan includes sufficient funds to maintain a robust PMP in FY26.

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FISCAL IMPACT:

The $3.48 million proposed Measure G spending plan is comprised of operational and capital expenditures that will be funded in the FY26 through the City’s General Fund, which includes Measure G.

ENVIRONMENTAL IMPACT:

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

RECOMMENDATION:

Receive input from the Revenue Measure Oversight Committee and provide direction to include the Fiscal Year 2025-26 Measure G revenue spending plan in the City Manager’s recommended budget.

ALTERNATIVES:

1. Direct staff to fund any or all of the proposed spending plan using other sources.

2. Direct staff to remove any or all of the proposed spending plan items from the City Manager’s Recommended Budget.

ATTACHMENTS:

1. RMOC Staff Report – February 13, 2025

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taxes resulting from leases. When a car is purchased, the sales tax is paid in one lump sum, and the City receives the Measure G collection on the sales price. Sales taxes for vehicle leases are distributed as lease payments are booked resulting in the City receiving Measure G collection on a protracted timeline. Further impacting Measure G sales tax revenue is the closure of the Shops at Tanforan, most notably JC Penny’s announcement that they will close their San Bruno location in May of this year.

Staff recommend a spending plan for Measure G of $3.48 million, given that any revenue received over the spending plan remains in the Measure G Fund for future use. The spending plan is comprised of four components, each discussed below:

1. City Council’s FY26 top priority initiatives

2. Augmented Wildfire Mitigation

3. Enhanced education and enforcement for the July 4th holiday

4. Community Event Grant Program
City Council Proposed FY26 Top Priority Initiatives
At their January 24th retreat, City Council discussed 20 initiatives submitted by Council members and five submitted by City staff for consideration as top priority initiatives in FY26. The prioritization process resulted in five top priority initiatives moving forward to City Council for adoption, as-is or amended, at their February 11 meeting. The top initiatives have a FY26 budgetary impact estimated at $2.85 million, as follows:
• Community Communications and Engagement Program. The Program's overarching goal is to establish proactive mechanisms to keep the community, employees, business community, and other stakeholders informed about City initiatives and activities while enhancing engagement through various communication channels. The Program will establish communication standards and style, address news and media requirements, develop proactive content, manage social media platforms, and support other marketing- related needs. Estimated FY26 fiscal impact: $0.1 million for developing communications and engagement strategy plan. Depending on the initiative's scope, ongoing costs may range from $0.15 to $0.37 million annually.
• Mitigation of illegal dumping and maintenance of street medians. This initiative expands current roadway and median maintenance programs, which leverages the City’s relationship with Recology. Recology currently picks up the larger items, and City staff clean up the smaller items. Staff is seeking City Council clarification on the desired scope for the initiative at the February 11 meeting. Specifically, staff request clarity in expectations over illegal dumping on land controlled by external agencies.

One approach is establishing a collaborative working group with city departments and ex
ternal agencies with jurisdiction over the sites subject to illegal dumping to determine how to address the problem best. In addition to Public Works and Parks, Police, and Code Enforcement are also needed due to the homelessness issue that drives some of the illegal dumping complaints and code violations that require fines and enforcement—initial estimates for a programmatic quarterly dumping, trash removal, and periodic enforcement total $0.3 million. In addition, the City has a contract with a landscape maintenance company for $0.05 million per year, which provides minimum median maintenance. It is recommended that the appropriation be increased by $0.2 million, providing a more appropriate level of landscaping. Estimated FY26 fiscal impact: $0.5 million.

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• Residential Parking Permit Program (RPPP) Reassessment. Reassessment of the established Residential Parking Permit Program (RPPP), through identifying and analyzing the existing residential parking permit program, comprehensive survey and mapping of on- street parking spaces, analysis of socio-economic and built environment conditions that factor into parking supply and demand in parking impacted areas of the City, stakeholder outreach/public engagement, and preparing a report finalizing the current RPPP and preliminary recommendations for policy considerations to be presented at City Council for review and feedback. Estimated FY26 fiscal impact: $0.3 million. • Retrofit of R.O. streetlight system. The Regulated Output (R.O.) Streetlight Replacement Project - Phase 2 aims to replace the remaining streetlights and poles currently connected to the City's unreliable regulated output circuit with solar-powered streetlights. Some remaining R.O. lights in the City are on Caltrans right-of-way and will require coordination and approval from Caltrans to replace them with solar-powered streetlights. Estimated FY26 fiscal impact: $1.8 million.
• Strategic Analysis of Major City-owned Properties. The primary objective of the strategic analysis of City-owned properties is to conduct a long-term real estate planning study of the City’s major real estate portfolio. These real estate properties include but are not limited to City Hall, the Library, Fire Stations, CityNet headquarters, the Carlton Corners Scout House, the Catalpa House, 140 Arbor Court, Corporation Yard, downtown parking lots, and potentially underutilized park sites.

The analysis will focus on the property's real estate value based on permitted development i
ntensity and the economics of the highest and best land use and current market. This may include market-rate and/or affordable housing and various commercial uses. A report will be prepared that includes assessments of the development potential of these properties and recommendations for repurposing or surplus, either for sale or lease, based on the value, development feasibility, and marketability. The study may also evaluate the cost of acquiring new property for the potential relocation sites for City facilities. The City has an on-call list of real estate investment, advisory, and asset management consultants based on a recent Request for Proposals (RFP) process. Staff may select a qualified firm to prepare this report, which will be presented to the City Council for review and feedback.

Estimated FY26 fiscal impact: $0.2 million.

Augmented Wildfire Mitigation
The City of San Bruno owns many large open space areas and undeveloped parcels near residential structures. These areas pose a significant risk of a large, devastating fire. The City directly borders Federal, State, and County land in high fire severity zones. Many of the Bay Area’s most damaging wildland interface fires occurred where wildfires threatened homes in areas adjacent to open space. Past and recent devastating events should serve as a reminder that San Bruno is not immune from a catastrophic wildfire in our local area. Being prepared for this type of incident is critical to the safety of our community. Measure G has historically supported wildfire mitigation with as much as $0.15 million annually. For FY26, staff recommend increasing the allocation to $0.3 million.

Enhanced education and enforcement for the July 4th holiday The City’s July 1, 2024 fee schedule reduced the City’s ability to recover costs associated with fireworks education and enforcement during the July 4th holiday. The new schedule implemented a non-refundable application fee of $95 for the temporary fireworks stand permit, plus a cost recovery fee not to exceed pro rata actual costs or seven percent (7%) of each permittee’s gross

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fireworks sales, whichever is less. Before July 2024, the permittees fully reimbursed the costs incurred by the City. Under the new fee schedule, the permittees reimbursed approximately 56% of the costs incurred, leaving the City to pick up $33,000. For FY26, staff will develop their July 4th response plan, which includes fireworks public education, law enforcement, fire prevention, fire suppression, and fireworks clean-up. Based on costs for FY24 and FY25, staff recommend an allocation of $75,000 to support the enhanced education and enforcement for the July 4th holiday.

Community Event Grant Program
Community events help bring people together, foster a sense of community, and define the identity of a city. In recognition of the value of events, staff recommend establishing a Community Event Grant Program that helps to support event organizers with City funding and support to facilitate and execute community events in San Bruno. Examples of events might include downtown events (night fairs, trick or treating), music in the park, Posy Parade, the holiday tree lighting, Easter egg hunt, etc. Staff recommend an allocation of $0.2 million for FY26 to launch the Program.

Table 1 – Recommended FY26 Measure G Spending Plan Summary

FY26 (est.)
City Council Top Priority Initiative (pending Council approval) • Community Communications and Engagement Program $0.1 million • Mitigation of illegal dumping and maintenance of street medians 0.5 • Residential Parking Permit Program (RPPP) Assessment 0.3 • Retrofit of RO streetlight system 1.8
• Strategic Analysis of Major City-owned Properties 0.2 Augmented Wildfire Mitigation 0.3
Enhanced education and enforcement for the July 4th holiday 0.08 Community Event Grant Program 0.2
Total $3.48 million

FISCAL IMPACT:

The Recommended FY26 Measure G Spending Plan, Table 1, totals $3.48 million which is offset by Measure G half-cent sales tax collections between $3.5 and $3.75 million.

RECOMMENDATION:

Provide feedback to the City Council on the Recommended FY 26 Measure G Spending Plan.

ALTERNATIVES:

None.

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ATTACHMENTS:

None

DATE PREPARED:

February 5, 2025

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