Agenda, second session — San Bruno City Council, August 26, 2025 (part 1 of 2)

"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
August 26, 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/82822394629?
pwd=bcywoIld7aLOdbRXjDMpNILwqOqSg4.1
Phone Line: 16465588656
Webinar ID: 828 2239 4629
Webinar Password: 342640
*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. Join the City of San Bruno and the TA for a Community Workshop to provide feedback on two Design Options for San Bruno Avenue on August 27, 2025 at 6:00 pm at the San Bruno Library. For more information, please visit smcactive101.com/sanbrunoavenueinterchange. b. Proclamation Recognizing the Month of September 2025 as Recovery Happens Month c. Proclamation Recognizing the Month of September 2025 as Suicide Prevention Month d. Proclamation Recognizing September 15October 15, 2025 as Hispanic Heritage Month e. Proclamation in Recognition of Heroism and Lifesaving to Carlos Balagot and Sherry Chin f. Receive Update on Florida Park

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 July 22, 2025 and Regular Meeting Minutes for June 24, 2025 and July 22, 2025
b. Approve Accounts Payable for July 21, 2025, July 28, 2025, August 4, 2025, August 11, 2025 and August 18, 2025
c. Accept Payroll for July 13, 2025, July 27, 2025 and August 10, 2025 d. Approve Reconciliation of General Ledger to Bank Report Dated May 31, 2025 e. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending the Zoning Map to Clean Up and Simplify Zoning Designations in the Transit Corridors Specific Plan Area by Rezoning Parcels on the Southern Side of San Bruno Avenue Between El Camino Real and Elm Avenue and the Western Side of El Camino Real Between San Bruno Avenue and Angus Avenue from Planned Development (PD) to High Density MixedUse (TOD2), Rezoning Parcels on the Southwestern Corner of El Camino Real and Angus Avenue from Civic Center (CC) to High Density MixedUse (TOD2), and Rezoning a Parcel at 500 Sylvan Avenue from Planned Development (PD) to Central Business District (CBD), and Finding Such Action Exempt from the California Environmental Quality Act” Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code to Clean Up, Clarify, and Simplify Regulations, and Finding Such Action Exempt from the California Environmental Quality Act”
Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Cancelling Mills Park Development Agreement and Finding Such Action Exempt from the California Environmental Quality Act”
f. Consider Adoption and Approving the Following Two Resolutions:

1. Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County

2. Updated Tier 2 Drought Response Implementation Plan g. Consider Adoption of a Resolution Accepting the 202122 Street Reconstruction Project as Complete; Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office; Authorizing the Release of the Construction Contract Retention in the Amount of $151,317.34; and Reallocating the Remaining Budget in the Amount of Approximately $639,000 from the 202122 Street Reconstruction Project to the 202526 Street Pavement Project
h. Consider Adoption of a Resolution Approving the Design of the 202526 Slurry Seal Project; Authorizing the City Manager to Execute a Construction Contract with VSS International for the 202526 Slurry Seal Project in the amount not to exceed $743,120; Approving a Construction Contingency of $110,000; Approving a Total Project Budget in the Amount of $1,040,000; Determining the Project is Exempt Under the California Environmental Quality Act i. Consider Adoption of a Resolution Authorizing the City Manager to Execute the Master Agreement Entitled “Administering AgencyState Agreement StateFunded Projects” Agreement No. 045226S21 and all Program Supplement Agreements with State of California Department of Transportation (Caltrans)
j. Consider Adoption of a Resolution Approving an Updated Publicly Available Pay Schedule Effective July 14, 2025 Pursuant to the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR)
k. Consider Appointing Vice Mayor Marty Medina as the Voting Delegate, and Councilmember Tom Hamilton as the Alternate Delegate, to Represent the City of San Bruno at the Annual Business Meeting of the 2025 League of CA Cities Annual Conference in Long Beach, CA on October 810, 2025
l. Consider Adoption of a Resolution Appointing Scott Rogge as Interim Code Enforcement Supervisor Pursuant to California Government Code Section 21221(H) m. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Facility Lease Agreement with Girl Scouts of Northern California for Occupancy of the Carlton House; and Determining the Project is Exempt under the California Environmental Quality Act

7. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. City Council Salary
b. Consider Adopting Guiding Principles for the Negotiation of the Tanforan Development Agreement

8. STUDY SESSION
Public comment will be requested after each topic in this section a. Receive Update on Sidewalk Repair Program

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Vice Mayor M. Medina:

Agendize the discussion regarding the creation of an ad hoc Downtown Improvement subcommittee
b. Mayor R. Medina:

To ask staff to bring back to the City Council consideration of a 15 mph speed limit around schools that qualify in San Bruno as part of an effort to enhance safety for students

11. ADJOURNMENT – The next Regular City Council Meeting will be held on September 9, 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 August 21, 2025, by 9:00 pm. 1 of 215
"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
August 26, 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/82822394629?
pwd=bcywoIld7aLOdbRXjDMpNILwqOqSg4.1
Phone Line: 16465588656
Webinar ID: 828 2239 4629
Webinar Password: 342640
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

1. Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County

8. STUDY SESSION
Public comment will be requested after each topic in this section a. Receive Update on Sidewalk Repair Program

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Vice Mayor M. Medina:

Agendize the discussion regarding the creation of an ad hoc Downtown Improvement subcommittee
b. Mayor R. Medina:

To ask staff to bring back to the City Council consideration of a 15 mph speed limit around schools that qualify in San Bruno as part of an effort to enhance safety for students

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1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

1. Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County

8. STUDY SESSION
Public comment will be requested after each topic in this section a. Receive Update on Sidewalk Repair Program

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Vice Mayor M. Medina:

Agendize the discussion regarding the creation of an ad hoc Downtown Improvement subcommittee
b. Mayor R. Medina:

To ask staff to bring back to the City Council consideration of a 15 mph speed limit around schools that qualify in San Bruno as part of an effort to enhance safety for students

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1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

1. Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County

8. STUDY SESSION
Public comment will be requested after each topic in this section a. Receive Update on Sidewalk Repair Program

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS
Public comment will be requested after each topic in this section a. Vice Mayor M. Medina:

Agendize the discussion regarding the creation of an ad hoc Downtown Improvement subcommittee
b. Mayor R. Medina:

To ask staff to bring back to the City Council consideration of a 15 mph speed limit around schools that qualify in San Bruno as part of an effort to enhance safety for students

1 "Th e 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
July 22, 2025
5:30 PM

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

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

3. STUDY SESSION
a. Conduct a Study Session to Discuss a Land Use, Housing and Economic Development Initiative and Receive the Transit Corridors Plan Financial Feasibility Assessment Finding C
ommunity Development Director Peter Gilli and Economic & Planning Systems Consultants Jason Moody and Kaavya Chhatrapati presented the item to the City Council and answered questions.

City Manager Alex D. McIntyre answered questions.

The following member(s) of the public provided public comment:
• Isin
No reportable action was taken.

4. ADJOURNMENT
The meeting adjourned at 6:55 pm to the next Regular City Council Meeting on July 22, 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 August 26, 2025. ______________________________           ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor
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Item 6e.

"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
June 24, 2025
7:00 PM

1. CALL TO ORDER
The meeting was called to order at 7:01 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
Item d. was presented before Item c.
a. Proclamation Recognizing July 2025 as Disability Pride Month b. Proclamation Recognizing July 2025 as National Park and Recreation Month Community Services Director Travis Karlen accepted the proclamation d. Receive Presentation on Pre-4th of July Safety Operations Fire Chief Ari Delay and Police Chief Matt Lethin presented the item to the City Council
c. Recognition of Outgoing Interim Police Chief Susan Manheimer and Welcoming Incoming Police Chief Matthew Lethin
City Manager Alex McIntyre introduced the item and Interim Police Chief Susan Manheimer and incoming Police Chief Matthe Lethin said a few words.

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

6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes for June 10, 2025 b. Approve Accounts Payable for June 9, 2025 and June 16, 2025 c. Accept Payroll for June 1, 2025
d. Approve Investment Report Dated May 31, 2025
e. Consider Adoption of a Resolution Accepting the San Bruno Citywide Bicycle Route Installation Project as Complete; Authorizing the Filling of Notice of Completion with

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the San Mateo County Recorder’s Office; and Authorizing the Release of the Construction Contract Retention in the Amount of $25,370 f. Consider Adoption of a Resolution Approving the Fiscal Year 2025-26 San Bruno Community Foundation Operating Budget
g. Consider Adoption of a Resolution Authorizing the City Manager to Grant $2,000 to the San Bruno Improvement Group for the Production of a Promotional Video About the San Mateo Avenue Downtown Corridor; and, to Waive the Rental Fee for the Recreation and Aquatic Center Community Hall
h. Consider Adoption of a Resolution Committing to Take Steps Toward Achieving Compliance with The Metropolitan Transportation Commission’s (MTC's) Transit- Oriented Communities (TOC) Policy as a Condition for MTC to Allocate Regional Discretionary Funding to the Specific Plan and Zoning Code Amendments, Parking Management, and Housing Policy Development Projects
i. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Contract with Forensic Analytics for Communications Data Analysis and Cellular Coverage Evaluation Software Services
Item h – Councilmember Salazar pulled item for a separate vote Item f – Vice Mayor M. Medina pulled item for comment(s)/question(s) No members of the public wished to speak under Consent Calendar M/S Hamilton/Salazar to approve the Consent Calendar with the exception of Item h. Motion passed unanimously.

Item h – Councilmember Salazar pulled item for a separate vote and provided comment(s)/question(s)
The following member(s) of the public provided comment(s):
• Gina Papan
City Manager Alex McIntyre provided answered questions.

Community Development Director Peter Gilli answered questions.

M/S Salazar/R. Medina to continue item to a future meeting. Motion passed unanimously.

7. PUBLIC HEARING(S)
a. Hold a Public Hearing and Consider Adoption of a Resolution Ordering the Annual Sewer Services Charges for Fiscal Year 2025-26 and Delinquent Sewer Charges for Fiscal Year 2024-25 to be Collected on the County of San Mateo Property Tax Roll and Authorizing Certain Actions in Connection Therewith
Director of Administrative Services & CFO Nick Pegueros presented the item to the City Council and answered questions
The following member(s) of the public provided comment(s):
• George Martland
M/S Hamilton/M. Medina to adopt the resolution. Motion passed unanimously. b. Hold a Public Hearing on the Fiscal Year 2025-26 Capital Improvement Program Budget; and Consider Approving: (i) a Resolution Adopting the Fiscal Year 2025-26 Budget, (ii) a

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Resolution Adopting the Fiscal Year 2025-26 Appropriations Limit of $59,038,112 Assistant to the City Manager Brian dam presented the item to the City Council and answered questions
No members of the public wished to speak under this item Public Works Director Matt Lee answered questions
City Manager Alex McIntyre answered questions
Community Services Director Travis Karlen answered questions City Attorney Trisha Ortiz answered questions
M/S Hamilton/Salazar to adopt the resolution as read by the City Clerk. Motion passed unanimously.

8. CONDUCT OF BUSINESS
a. Consider Adoption of a Resolution Amending Rates and Regulations for Paid Parking on City-Owned or Controlled On and Off-Street Parking Facilities; Removal of Kiosks on El Camino Real; and Determining the Project is Exempt Under the California Environmental Quality Act

Interim Principal Special Projects Manager Pam Antil presented the item to the City Council and answered questions.

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

M/S M. Medina/ Alvarez to adopt the resolution as read by the City Clerk. The motion passed with Councilmembers Alvarez, Hamilton and M. Medina voting yes and Councilmembers Salazar and R. Medina voting no.

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

10. COMMENTS FROM COUNCIL MEMBERS
The following member(s) of the City Council provided comment(s):
• Councilmember Hamilton
• Vice Mayor M. Medina
• Mayor R. Medina

11. ADJOURNMENT
The meeting adjourned at 8:43 pm to the next Regular City Council Meeting on July 8, 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 August 26, 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
July 22, 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. There is no regular City Council meeting on the second Tuesday in August. The next regular City Council meeting will be held on August 26, 2025 at 7:00 pm b. The 21st Annual Disaster Prep Day is scheduled for Saturday, August 2, 2025 from 10:00 am - 2:00 pm at the San Mateo County Event Center. For more information, please visit www.smcdisasterprep.org
c. Join us at Centennial Plaza on Tuesday, August 5, 2025 from 4:00 - 8:00 pm for National Night Out, presented by the City of San Bruno. The event is a night of fun, building police-community partnerships and fostering connection and camaraderie to make our neighborhoods safer and a better place to work and live. This is followed by other neighborhood events throughout the City.

d. Receive Presentation on Post-4th of July Safety Operations Police Chief Matt Lethin and Fire Chief Ari Delay presented the item to the City Council
Police Chief Lethin answered questions
The following member(s) of the public provided comment(s):
• Isin

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e. Receive Update on Crestmoor Fields Project
Community Services Director Travis Karlen and Callander Associates consultant Brian Fletcher presented the item to the City Council and answered questions.

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

6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes for June 24, 2025; July 8, 2025 and Regular Meeting Minutes for July 8, 2025 and July 15, 2025 b. Approve Accounts Payable for June 23, 2025, June 30, 2025, July 7, 2025, and July 14, 2025
c. Accept Payroll for June 15, 2025 and June 29, 2025
d. Approve Reconciliation of General Ledger to Bank Report Dated March 31, 2025 and April 30, 2025
e. Approve Investment Report Dated June 30, 2025
f. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with the Nutrition Site Council to Continue the Partnership in Support of Senior Programs at the San Bruno Senior Center, and Determining the Project is Exempt Under the California Environmental Quality Act (CEQA)
g. Consider Adoption of a Resolution Accepting the 2022-23 Street Rehabilitation Project as Complete; Authorizing the Filling of Notice of Completion with the San Mateo County Recorder’s Office; Authorizing the Release of the Construction Contract Retention in the Amount of $249,373.76; and Reallocating the Remaining Budget in the Amount of Approximately $2,000,000 from the 2022-23 Street Rehabilitation Project to the 2025-26 Street Pavement Project

h. Consider Adoption of a Resolution Amending the By-Laws for the Complete Streets Committee to Set Regular Meeting Dates; and Finding Such Action Exempt from the California Environmental Quality Act

i. Consider Adopting the Updated Sanitary Sewer Management Plan j. Consider Adoption of a Resolution: Approving the Plans for the Planters, Medians, Tree Feasibility and Irrigation Repair as Part of the Downtown Beautification Phase II and Posy Park Improvements; Authorizing the City Manager to Execute a Construction Contract with Marina Landscape Inc. for the Downtown Beautification Phase II Project and Posy Park Improvements in an Amount Not to Exceed $444,825; Approving a Construction Contingency of $88,965; Authorizing the City Manager to Execute a Project Management Contract with Wilsey/Ham in an Amount Not to Exceed $126,090 for Comprehensive Project Management; Approving a Budget Adjustment of $272,641 from the One-Time Revenue Reserve for the Completion of the Project; and Determining the Project is Exempt Under the California Environmental Quality Act

k. Consider Adoption of a Resolution Amending the Master Fee Schedule to Include a Penalty for Violations of California Vehicle Code Section 22500(n)(1)(A) – “Daylighting” Parking Restrictions

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l. Consider Adoption of a Resolution Authorizing the Receipt and Expenditure of $151,098.77 in Department of California Highway Patrol (CHP) Grant Funds to Facilitate the FY25/26 Cannabis Tax Fund Grant Program, Pursuant to FY25/26 CTFGP Law Enforcement - San Bruno Police Department Award #23417 m. Consider Adoption of a Resolution Authorizing the City Manager to Execute a 60- Month Lease Agreement, Maintenance Agreements, and Related Agreements with Sharp Business Systems in an Amount Not to Exceed a Cumulative $67,800 for Lease Payments Over the Lease Term Plus Additional Maintenance Costs Based on Actual Usage
n. Consider Adoption of a Resolution Committing to Take Steps Toward Achieving Compliance with The Metropolitan Transportation Commission’s (MTC's) Transit- Oriented Communities (TOC) Policy as a Condition for MTC to Allocate Regional Discretionary Funding to the Specific Plan and Zoning Code Amendments, Parking Management, and Housing Policy Development Projects
o. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Facility Lease Agreement with Girl Scouts of Northern California for Occupancy of the Carlton House; and Determining the Project is Exempt under the California Environmental Quality Act
p. Consider Adoption of a Resolution Adopting the Goals, Objectives, Strategy and Timeline for a Land Use, Housing, and Economic Development Initiative, to Initiate a General Plan Amendment to the Land Use Element of the General Plan and Other Elements as necessary, Specific Plan Amendments as Necessary, and Municipal Code Amendments as Necessary, and Direct Staff to Issue a Request for Proposals/Qualifications for a Consultant Team to Support this Initiative q. Consider Adoption of a Resolution Approving the Third Amendment to the Employment Agreement between the City of San Bruno and Alex D. McIntyre r. Consider Adoption of a Resolution Approving an Updated Publicly Available Pay Schedule Effective July 1, 2025 and July 14, 2025 Pursuant to the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR) No items were pulled for a separate vote.

City Attorney Trisha Ortiz provided an oral summary of Item 6q to the City Council and revised to reflect that it is actually the fourth amendment.

Item j - Councilmember Salazar pulled item for comments/questions.

Item k - Councilmember Salazar pulled item for comments/questions.

Item l - Councilmember Salazar pulled item for comments/questions.

City Manager Alex D. McIntyre answered questions.

Police Chief Matt Lethin answered questions.

Item n - Councilmember Salazar pulled item for comments/questions.

Item o - Councilmember Salazar pulled item for comments/questions.

City Manager McIntyre answered questions.

City Attorney Ortiz answered questions.

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Item o was pulled from the agenda and continued to a future meeting.

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

M/S Salazar/Hamilton to approve all items with the exception of Item o. Motion passed unanimously.

7. PUBLIC HEARING(S)
Mayor R. Medina announced, by request, Item b would be heard first. b. Hold a Public Hearing and Consider Adoption of a Resolution Amending the Master Fee Schedule to Increase Fees for Specific Building Inspections Director of Administrative Services & CFO Nick Pegueros presented the item to the City Council.

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

M/S M. Medina/Salazar to close public hearing. Motion passed unanimously.

M/S Hamilton/R.Medina to approve the resolution as read by the City Clerk. Motion passed unanimously.
a. Hold a Public Hearing and Consider: Adoption of a Resolution to Amend the Transit Corridors Specific Plan to Simplify Zoning Designations in the Plan Area By Removing the Civic Center (CC) Zoning Designation, and Finding Such Action Exempt from the California Environmental Quality Act;
Introducing, Reading by Title Only and Waiving Further Reading of an Ordinance Entitled: “An Ordinance of the City Council of the City of San Bruno Amending the Zoning Map to Clean Up and Simplify Zoning Designations in the Transit Corridors Specific Plan Area by Rezoning Parcels on the Southern Side of San Bruno Avenue Between El Camino Real and Elm Avenue and the Western Side of El Camino Real Between San Bruno Avenue and Angus Avenue from Planned Development (PD) to High Density Mixed-Use (TOD-2), Rezoning Parcels on the Southwestern Corner of El Camino Real and Angus Avenue from Civic Center (CC) to High Density Mixed-Use (TOD-2), and Rezoning a Parcel at 500 Sylvan Avenue from Planned Development (PD) to Central Business District (CBD), and Finding Such Action Exempt from the California Environmental Quality Act”;
Introducing, Reading by Title Only and Waiving Further Reading of an Ordinance Entitled: “An Ordinance of the City Council of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code to Clean Up, Clarify, and Simplify Regulations, and Finding Such Action Exempt from the California Environmental Quality Act”; and
Introducing, Reading by Title Only and Waiving Further Reading of an Ordinance Entitled: “An Ordinance of the City Council of the City of San Bruno Cancelling Mills Park Development Agreement and Finding Such Action Exempt from the California Environmental Quality Act”
Councilmember Salazar recused himself from this item due to the proximity of his home from the subject location(s) causing a conflict of interest.

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Community Development Director Peter Gilli and Assistant Community Development Director Kelly Beggs presented the item to the City Council and answered questions.

The following member(s) of the public provided comment(s):
• Julie Lind
• Bobby Petrini
• Devon Wardlow
• Josh Lewis
• Kristine Cajucom
M/S Hamilton/M. Medina to close public hearing. Motion passed unanimously with Councilmember Salazar recused.

Vice Mayor M. Medina disclosed, met with Embarc.

City Attorney Trisha Ortiz provided comments and answered questions.

Police Chief Matt Lethin answered questions.

Councilmember Hamilton disclosed, met with Embarc.

Mayor R. Medina disclosed, met with Embarc.

M/S Hamilton/R. Medina to adopt a resolution to amend the transit corridor plan TCP as detailed in Attachment 1 of the staff report; to introduce the ordinance amending the zoning maps as detailed in Attachment 2; to introduce an ordinance amending the municipal code with all amendments including signage as detailed in Attachment 4; and to introduce an ordinance cancelling the Mills Park Development Agreement as detailed in Attachment 5. Motion passed unanimously with Councilmember Salazar recused.

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

9. COMMENTS FROM COUNCIL MEMBERS
a. Councilmember Alvarez:

Discuss adjusting Mayor and City Council compensation at a future City Council meeting
Councilmember Alvarez introduced the item to the City Council.

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

Item will be agendized for a future meeting.

The following members of the City Council provided comments:
• Vice Mayor M. Medina
• Councilmember Hamilton
• Mayor R. Medina

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10. ADJOURNMENT
The meeting adjourned at 8:58 pm to the next Regular City Council Meeting on August 26, 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 August 26, 2025.

______________________________           ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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Item 6b.

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: August 26, 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 for checks dated July 28, 2025, and/or claims numbered from 215912 through 215974 inclusive, totaling $583,249.25, 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 $93,009.06
132 Agency On Aging $88.50
137 Developer Project Contributions $249,940.52
141 Community Development $99,117.72
142 Recreation & Aquatics Center (RAC) $2,000.00
201 Parks and Facilities Capital $730.55
611 Water Fund $93,093.94
621 Stormwater Fund $11,008.94
631 Wastewater Fund $11,731.98
641 CityNet Services Fund $3,322.84
701 Central Garage $2,333.97
702 Facility Maintenance Fund $9,132.73
711 Self-Insurance $7,738.50
TOTAL FOR APPROVAL $583,249.25

Respectfully submitted,

_________________________
Chief Financial Officer Date
Docusign Envelope ID: 63020887-8463-4C80-BBA3-F44A7DA5F41B 7/29/2025

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Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0105718 ALAMEDA ELECTRICAL DISTRIBUTORS, INC. 215929 12,525.757/28/2025 0018953 ALLIANT INSURANCE SVC. INC. 215912 7,738.507/28/2025 0112292 ANDY SANCHEZ 215958 526.437/28/2025
0112070 APEX POWER, ELECTRICAL SUPPLY & SOLUTIONS 215930 50.067/28/2025 0109246 AQUA METRIC SALES, CO. 215913 10,323.977/28/2025 0096113 AR AUTO GLASS 215914 495.007/28/2025
0018465 AT&T MOBILITY 215915 88.037/28/2025
0109646 BIO CAR CARE 215916 600.007/28/2025
0000098 BRODART CO. 215917 78.617/28/2025
0018722 CA SURVEYING & DRAFTING SUPPLY 215918 2,632.967/28/2025 0112128 CENGAGE LEARNING INC. 215919 80.937/28/2025
0097202 CITY OF SAN MATEO 215920 1,080.007/28/2025
0000386 CITY OF SOUTH SAN FRANCISCO 215921 12,988.217/28/2025 0109639 CLAREMONT BEHAVIORAL SVCS,INC. 215922 753.757/28/2025 0108798 CONSOLIDATED CM, INC. 215924 7,312.007/28/2025 0018331 CSG CONSULTANTS INC. 215925 28,072.507/28/2025 0097934 CWEA-TCP 215926 119.007/28/2025
0112208 DEBRA WARNER 215971 6.457/28/2025
0000197 DEMCO SUPPLY INC. 215927 90.537/28/2025
0110123 DUNNIGAN PSYCHOLOGICAL& THREAT ASSESSMENTS, LLC 215966 850.007/28/2025 0108049 EDGEWORTH INTEGRATION, LLC 215928 425.007/28/2025 0106348 FAST AGGREGATES PRODUCTS,INC. 215931 3,490.827/28/2025 0107401 FERGUSON ENTERPRISES,LLC#686 215932 184.487/28/2025 0105998 GHD, INC. 215933 7,825.127/28/2025
0111210 GHIRARDELLI ASSOCIATES, INC. 215935 218,432.527/28/2025 0102989 GOT POWER INC. 215936 6,936.347/28/2025
0000162 GRAINGER 215937 775.367/28/2025
0017900 GREAT LAKES DATA SYSTEMS INC 215938 2,403.507/28/2025 0000385 HACH COMPANY 215939 1,008.617/28/2025
0112186 INGRAM LIBRARY SERVICES, LLC 215940 42.607/28/2025 0015531 INTERSTATE BATTERY SYS. OF SF 215941 1,053.837/28/2025 0112210 JOHN GHERA 215934 45.347/28/2025
0001709 MILLBRAE LOCK 215944 54.147/28/2025
0106447 MOORE,IACOFANO, GOLTSMAN, INC. 215945 8,910.007/28/2025 0097567 ONE HOUR DRY CLEANING 215946 220.507/28/2025
0109702 OUTDOOR SUPPLY HARDWARE 215947 1,120.037/28/2025 0000012 PACIFIC GAS & ELECTRIC 215948 18,175.327/28/2025 0111846 PACIFIC POLYMERS, INC. 215949 30,750.007/28/2025 0112209 PAUL MAR 215943 16.617/28/2025
0106229 PET FOOD EXPRESS 215950 98.417/28/2025
0108807 POWERDMS, INC. 215951 7,630.247/28/2025
0112294 RAQUEL REBRES 215952 24.307/28/2025
0000175 RECOLOGY SAN BRUNO 215953 739.147/28/2025
0103531 RICOH USA, INC. 215954 977.437/28/2025
0106293 ROBERT HALF 215955 2,800.007/28/2025
0099047 SAN MATEO CTY SHERIFF'S OFFICE 215956 1,720.007/28/2025 0018597 SAN MATEO DAILY JOURNAL 215957 2,016.007/28/2025 0018461 SERRAMONTE FORD, INC. 215959 185.147/28/2025
0109953 SHRED CITY 215960 63.727/28/2025
0017857 STERICYCLE, INC. 215961 180.207/28/2025
0112293 STEVE SUROWINSKI 215964 78.557/28/2025
0111232 STRATEGIC CULTURE 215962 1,500.007/28/2025
0105796 SUNRISE FOOD DISTRIBUTOR INC. 215963 88.507/28/2025 Page: 1
Docusign Envelope ID: 63020887-8463-4C80-BBA3-F44A7DA5F41B

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Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0017928 THE EDCCO GROUP, INC. 215965 10,972.017/28/2025 0110944 TRAVIS M. KARLEN 215942 2,000.007/28/2025
0018665 TUTOR.COM INC. 215967 2,000.007/28/2025
0018944 ULINE, INC. 215968 239.187/28/2025
0102744 UNIVERSAL BUILDING SERVICES 215969 8,718.787/28/2025 0096844 USA BLUE BOOK 215970 9.347/28/2025
0105955 WEST COAST CODE CONSULTANTS, INC. 215923 110,436.277/28/2025 0104660 WEST YOST ASSOCIATES, INC. 215972 25,592.707/28/2025 0096893 WILSEY HAM 215973 12,691.547/28/2025
0108261 WOODARD & CURRAN 215974 4,205.007/28/2025
Total count: 63
GrandTotal: 583,249.25
Page: 2
Docusign Envelope ID: 63020887-8463-4C80-BBA3-F44A7DA5F41B

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: August 26, 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 3 inclusive for checks dated August 4, 2025, and/or claims numbered from 215975 through 216110 inclusive, totaling $3,157,249.87, 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 $449,704.23
121 Federal/State Grants $692.50
132 Agency On Aging $2,431.00
133 Restricted Revenues $725.14
137 Developer Project Contributions $69,786.83
141 Community Development $377,163.47
142 Recreation & Aquatics Center (RAC) $34,027.54
201 Parks and Facilities Capital $231,685.41
203 Street Improvement Projects $55,139.71
207 Technology Capital $5,694.50
611 Water Fund $163,355.69
621 Stormwater Fund $12,650.15
631 Wastewater Fund $1,476,499.44
641 CityNet Services Fund $204,667.42
701 Central Garage $6,479.12
702 Facility Maintenance Fund $26,938.39
707 Technology Development $39,609.33
TOTAL FOR APPROVAL $3,157,249.87

Respectfully submitted,

_________________________
Chief Financial Officer Date
Docusign Envelope ID: 840FC70A-EB89-4A31-92EA-5B9D5CD7FEFC 8/6/2025

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8/4/2025 12:00:17PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0104680 ACCESS 24 COMMUNICATIONS INC. 215976 699.878/4/2025 0106435 ACTION TOWING & ROAD SVC. INC. 215977 148.508/4/2025 0000163 AIRPORT AUTO PARTS INC. 215978 27.408/4/2025
0112319 ALICE BIGANZOLI 215991 6.798/4/2025
0112059 ALLIED HEATING AND AIR CONDITIONING CO.INC. 215979 2,570.008/4/2025 0013738 ASSOCIATION OF BAY AREA GOVERNMENTS 215989 15,298.008/4/2025 0016123 AT&T 215982 4,075.608/4/2025
0017191 AT&T 215983 71.698/4/2025
0015110 AT&T MOBILITY 215984 1,569.528/4/2025
0018465 AT&T MOBILITY 215985 270.048/4/2025
0107986 ATLAS PLUMBING AND ROOTER,INC. 215986 3,250.008/4/2025 0000345 BAKER & TAYLOR BOOKS 215987 9.988/4/2025
0100526 BAY ALARM COMPANY 215988 227.618/4/2025
0001849 BAY AREA WATER SUPPLY & CONSERVATION AGENCY 216091 18,844.758/4/2025 0112301 BAY RAG COMPANY 215990 610.608/4/2025
0112202 BILL NELSON MEDIA GROUP 215992 450.008/4/2025 0109646 BIO CAR CARE 215993 575.008/4/2025
0000098 BRODART CO. 215995 44.188/4/2025
0090082 C/CAG 215997 157,045.008/4/2025
0110815 CALIFORNIA BROADBAND&VIDEO ASSOCIATION 215994 705.508/4/2025 0017679 CDW GOVERNMENT, INC 215999 15,497.808/4/2025
0018272 CENGAGE LEARNING INC. 216000 85.148/4/2025
0017284 CHEMSEARCHFE 216001 1,374.548/4/2025
0016324 CINTAS CORPORATION #464 216002 2,077.628/4/2025 0013595 CITY OF SAN BRUNO 216003 7,937.408/4/2025
0000227 CITY OF SAN BRUNO-UTILITY 216004 285.818/4/2025 0000386 CITY OF SOUTH SAN FRANCISCO 216005 1,382,306.898/4/2025 0018911 COMCAST CABLE COMMUNICATIONS 216007 145,921.098/4/2025 0108798 CONSOLIDATED CM, INC. 216008 5,486.008/4/2025 0111467 CONSTRUCTION TESTING SERVICES 216009 1,037.968/4/2025 0110941 CORODATA RECORDS MANAGEMENT, INC. 216077 62.958/4/2025 0110952 CRAFCO, INC. 216012 2,164.398/4/2025
0018331 CSG CONSULTANTS INC. 216013 57,764.008/4/2025 0112298 DAN JACOBSON 216041 84.008/4/2025
0018169 DELL MARKETING L.P. 216014 13,861.348/4/2025
0018673 DENNIS BOSCH 216015 500.008/4/2025
0111921 DEVIL MOUNTAIN WHOLESALE NURSERY, LLC 216107 725.148/4/2025 0096829 DKF SOLUTIONS GROUP, LLC 216016 999.008/4/2025 0110123 DUNNIGAN PSYCHOLOGICAL& THREAT ASSESSMENTS, LLC 216096 650.008/4/2025 0111914 E-IKON, LLC 216017 11,850.008/4/2025
0017300 ENVIRONMENTAL HEALTH FEE 216018 2,431.008/4/2025 0018899 EOA INC. 216019 3,783.878/4/2025
0106234 FASTRAK INVOICE PROCESSING DEPT. 216040 8.008/4/2025 0109510 FIRST ALARM 216021 166.078/4/2025
0112149 FISCHER COMPLIANCE LLC 216022 25,480.008/4/2025 0109400 FLEETROCK, LLC 216023 500.008/4/2025
0018117 FLYERS ENERGY, LLC 216024 12,283.588/4/2025
0017720 FOX TELEVISION STATIONS, INC. 216025 8,310.428/4/2025 0111210 GHIRARDELLI ASSOCIATES, INC. 216026 69,786.838/4/2025 0104135 GLOBAL TRACKING COMMUNICATIONS, INC. 216097 376.958/4/2025 0016154 GOETZ BROTHERS SPORTING GOODS 216027 1,181.258/4/2025 0000162 GRAINGER 216028 1,758.808/4/2025
0000541 GRANITE ROCK COMPANY 216029 1,591.308/4/2025
Page: 1
Docusign Envelope ID: 840FC70A-EB89-4A31-92EA-5B9D5CD7FEFC

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Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0095966 GREAT AMERICA FINANCIAL SVC. 216030 2,002.968/4/2025 0111486 HD SUPPLY, INC. 216031 4,114.358/4/2025
0108221 HDL COREN & CONE 216032 3,556.258/4/2025
0107861 INDOORMEDIA INC. 216035 2,419.008/4/2025
0109121 INFORMATION PROFESSIONALS,INC. 216036 480.008/4/2025 0018838 INFOSEND, INC. 216037 471.748/4/2025
0112186 INGRAM LIBRARY SERVICES, LLC 216038 40.638/4/2025 0103045 INTERACTIVE RESOURCES, INC. 216039 3,726.008/4/2025 0018553 INTERSTATE TRAFFIC CONTROL PRODUCTS 216098 492.198/4/2025 0112299 JAMES SOMMERS 216086 84.008/4/2025
0112320 JANICE ASFOOR 215981 14.098/4/2025
0112307 JASON JIMENEZ 216042 278.348/4/2025
0112297 JEFF LICHTENSTEIN 216050 500.008/4/2025
0110372 JENNIFER LEAVER 216049 61.358/4/2025
0100199 JOHN DAVID 216044 21.668/4/2025
0112290 JOSE JIMENEZ 216043 473.008/4/2025
0112302 JUMANA ABDELGADIR 215975 79.008/4/2025
0018050 KAISER FOUNDATION HEALTH PLAN 216045 6,686.628/4/2025 0109706 KNOWBE4 INC. 216046 6,212.408/4/2025
0000732 KRAFT INDUSTRIAL SUPPLY 216047 248.878/4/2025 0109500 LAMPO INVESTIGATIONS-POLYGRAPH 216048 2,000.008/4/2025 0109978 LINDE GAS & EQUIPMENT INC. 216051 206.568/4/2025 0018177 LOWE'S 216053 1,288.358/4/2025
0112308 LUBE-SQUAD OF SFO LLC 216054 282.738/4/2025
0108432 LUPITA HUERTA 216034 500.008/4/2025
0017026 LYNX TECHNOLOGIES, INC. 216055 300.008/4/2025 0109532 MATRIX HG, INC. 216056 14,604.008/4/2025
0112291 MICHAEL LO SCHIAVO 216081 828.008/4/2025
0092285 MICROMARKETING LLC 216057 101.638/4/2025
0016863 MIDWEST TAPE, LLC 216058 160.388/4/2025
0001709 MILLBRAE LOCK 216059 49.538/4/2025
0112289 MISAEL COVARRUBIAS 216011 78.008/4/2025
0106447 MOORE,IACOFANO, GOLTSMAN, INC. 216060 8,620.008/4/2025 0103301 NHL NETWORK US, LP 216061 1,106.258/4/2025
0111055 O'REILLY AUTO PARTS 216066 748.658/4/2025
0110243 ODP BUSINESS SOLUTIONS, LLC 216063 749.408/4/2025 0110308 OLIVER CARCAMO 215998 500.008/4/2025
0097567 ONE HOUR DRY CLEANING 216065 1,514.358/4/2025 0109702 OUTDOOR SUPPLY HARDWARE 216067 46.228/4/2025
0104416 OVERDRIVE, INC. 216068 1,462.688/4/2025
0000012 PACIFIC GAS & ELECTRIC 216069 114,642.038/4/2025 0111989 PENINSULA CLEAN ENERGY 216070 21,603.888/4/2025 0092223 PENINSULA CORRIDOR JOINT POWERS BOARD 216010 55,009.718/4/2025 0001154 PENINSULA LIBRARY SYSTEM 216071 112,421.168/4/2025 0001327 PENINSULA PUMP & EQUIPMENT INC 216072 14,575.338/4/2025 0112304 POINT ONE ELECTRICAL SYSTEMS, INC. 216064 3,294.508/4/2025 0111229 PORTER CAPITAL CORPORATION 216073 2,400.008/4/2025 0017327 PRIORITY 1 216074 800.008/4/2025
0013981 QUILL CORPORATION 216075 1,521.608/4/2025
0112316 RANDY LOPEZ 216052 11.538/4/2025
0000175 RECOLOGY SAN BRUNO 216076 441.128/4/2025
0112317 RHODELYN ANGELES 215980 9.278/4/2025
0103705 RICH BURMAN 215996 261.538/4/2025
0106293 ROBERT HALF 216079 13,550.258/4/2025
Page: 2
Docusign Envelope ID: 840FC70A-EB89-4A31-92EA-5B9D5CD7FEFC

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Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0013581 ROVI GUIDES, INC. 216080 3,054.288/4/2025
0111549 SCP DISTRIBUTORS LLC 216082 1,315.428/4/2025
0102917 SFPUC FINANCIAL SERVICES 216083 150.008/4/2025 0097626 SHARP ELECTRONICS CORP. 216084 341.948/4/2025 0018962 SHOE DEPOT INC. 216085 326.358/4/2025
0112318 SIXIA HU 216033 8.678/4/2025
0109626 SOUTHERN FIBERNET COMMUNICATIONS LLC 216020 33,222.908/4/2025 0017857 STERICYCLE, INC. 216087 438.148/4/2025
0111370 SUAREZ&MUNOZ CONSTRUCTION, INC 216088 186,871.658/4/2025 0105899 SUN RIDGE SYSTEMS, INC 216089 59,358.008/4/2025 0017016 SUPERCO SPECIALTY PRODUCTS 216090 1,252.008/4/2025 0096932 TASC 216092 446.188/4/2025
0000241 THE ADAM-HILL COMPANY 216093 1,493.438/4/2025 0017928 THE EDCCO GROUP, INC. 216094 19,265.888/4/2025 0103559 THE MLB NETWORK, LLC 216095 1,181.258/4/2025
0018944 ULINE, INC. 216099 1,191.668/4/2025
0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 216078 49.228/4/2025 0094452 UNITED RENTALS(N.AMERICA),INC. 216100 5,909.098/4/2025 0096844 USA BLUE BOOK 216101 2,854.668/4/2025
0109176 USA NORTH 811 FBO DIG SAFE BOARD 216062 6,589.958/4/2025 0095749 VERIZON WIRELESS 216102 1,103.948/4/2025
0103044 WATER ENVIRONMENT FEDERATION 216103 316.008/4/2025 0108652 WATER WORKS ENGINEERS, LLC 216104 7,966.198/4/2025 0096767 WEST COAST ARBORISTS, INC. 216105 4,596.808/4/2025 0105955 WEST COAST CODE CONSULTANTS, INC. 216006 378,889.378/4/2025 0000612 WESTVALLEY CONSTRUCTION CO.INC 216106 5,208.778/4/2025 0096893 WILSEY HAM 216108 33,790.008/4/2025
0108261 WOODARD & CURRAN 216109 792.508/4/2025
0109109 WRECO 216110 6,785.378/4/2025
Total count: 136
GrandTotal: 3,157,249.87
Page: 3
Docusign Envelope ID: 840FC70A-EB89-4A31-92EA-5B9D5CD7FEFC

24 of 215

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: August 26, 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 3 inclusive for checks dated August 11, 2025, and/or claims numbered from 216111 through 216245 inclusive, totaling $1,880,931.48, 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 $167,131.01
121 Federal/State Grants $2,099.81
132 Agency On Aging $854.10
133 Restricted Revenues $6,335.00
137 Developer Project Contributions $166,357.82
141 Community Development $39,803.46
142 Recreation & Aquatics Center (RAC) $52,873.79
201 Parks and Facilities Capital $5,168.92
203 Street Improvement Projects $4,691.34
611 Water Fund $258,810.89
621 Stormwater Fund $15.08
631 Wastewater Fund $1,069,221.86
641 CityNet Services Fund $38,972.40
701 Central Garage $2,315.16
702 Facility Maintenance Fund $9,987.17
707 Technology Development $49,240.19
711 Self Insurance $7,053.48
TOTAL FOR APPROVAL $1,880,931.48

Respectfully submitted,

_________________________
Chief Financial Officer Date
Docusign Envelope ID: A728DE5A-E6B2-4509-9FD8-67EABA06A60C 8/19/2025

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Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: dliu
Vendor Code & Name Check # Check Date Amount
0111416 A SMILE 4U FROM JANET 216111 48.758/11/2025
0104680 ACCESS 24 COMMUNICATIONS INC. 216112 549.668/11/2025 0106435 ACTION TOWING & ROAD SVC. INC. 216113 148.508/11/2025 0112315 ALBERT & DIANE MARTIN 216190 102.978/11/2025
0017459 ALL CITY MANAGEMENT SVC.INC. 216114 1,030.128/11/2025 0104542 ALTA LANGUAGE SERVICES, INC. 216116 138.008/11/2025 0112334 ANTHONY FRISCIA 216162 44.508/11/2025
0112296 ART SPACE ON THE COAST 216117 3,432.008/11/2025 0016123 AT&T 216119 1,444.768/11/2025
0098916 AT&T 216120 86.688/11/2025
0018465 AT&T MOBILITY 216121 44.688/11/2025
0109872 ATHENA CODING 216122 2,941.258/11/2025
0108381 B METAL FABRICATION, INC. 216123 4,999.318/11/2025 0000345 BAKER & TAYLOR BOOKS 216124 1,260.268/11/2025 0018020 BARKER BLUE DIGITAL IMAGING 216125 25.008/11/2025 0018020 BARKER BLUE DIGITAL IMAGING 216126 15.008/11/2025 0102745 BAY AREA NEWS GROUP 216127 680.768/11/2025
0109646 BIO CAR CARE 216130 1,125.008/11/2025
0100119 BLACK & VEATCH CORPORATION 216131 32,579.158/11/2025 0015988 BLACKSTONE PUBLISHING 216132 47.748/11/2025
0110279 BOUCHER LAW, PC 216133 2,392.508/11/2025
0106989 BRIAN ALLEN 216115 7,699.258/11/2025
0109137 BRYCE CONSULTING 216135 10,640.008/11/2025
0017372 CALBO 216136 980.008/11/2025
0110323 CAPF 216137 914.508/11/2025
0103854 CHRISTINE E HOPKINS 216177 3,022.508/11/2025
0016324 CINTAS CORPORATION #464 216138 301.448/11/2025 0112215 CITY OF SAN BRUNO 216139 765.008/11/2025
0000386 CITY OF SOUTH SAN FRANCISCO 216140 1,027,383.398/11/2025 0109807 CIVICPLUS, LLC 216141 33,094.758/11/2025
0109639 CLAREMONT BEHAVIORAL SVCS,INC. 216142 753.758/11/2025 0111343 COLLEEN SORACCO 216225 150.738/11/2025
0112041 COMMERCIAL VAN INTERIORS OF NORTHERN CALIFORNIA, LLC 216196 24,698.348/11/2025 0109998 CONSOR PMCM, INC. 216144 19,087.238/11/2025
0112339 CORAL GOO 216164 50.278/11/2025
0015857 COUNTY OF SAN MATEO 216146 164.518/11/2025
0091607 COUNTY OF SAN MATEO 216147 1,830.008/11/2025
0112351 CREATIVE COLLECTIVE SF 216149 1,000.008/11/2025 0018331 CSG CONSULTANTS INC. 216150 6,137.008/11/2025 0097934 CWEA-TCP 216153 119.008/11/2025
0106909 DALIA MANAOIS 216189 478.518/11/2025
0018799 ECONOMIC&PLANNING SYSTEMS INC. 216155 22,150.008/11/2025 0106234 FASTRAK INVOICE PROCESSING DEPT. 216181 24.008/11/2025 0109510 FIRST ALARM 216157 625.008/11/2025
0001782 FLOWERS ELECTRIC & SVC.CO.INC. 216158 8,227.938/11/2025 0018117 FLYERS ENERGY, LLC 216159 4,579.328/11/2025
0109776 FRESH LINE PRODUCE 216161 854.108/11/2025
0111412 FUN4ALL LLC 216163 4,563.008/11/2025
0016363 GCS ENVIRONMENTAL & EQUIPMENT SVC. 216156 265.048/11/2025 0108425 GOOD CITY COMPANY 216165 126,741.998/11/2025
0102989 GOT POWER INC. 216166 2,798.368/11/2025
0106373 GRAFFITI PROTECTIVE COATINGS, INC. 216208 10,061.008/11/2025 0000162 GRAINGER 216167 1,096.088/11/2025
Page: 1
Docusign Envelope ID: A728DE5A-E6B2-4509-9FD8-67EABA06A60C

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Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: dliu
Vendor Code & Name Check # Check Date Amount
0000541 GRANITE ROCK COMPANY 216168 365.018/11/2025
0105687 GRAPHICS ON THE EDGE 216169 2,099.818/11/2025 0095966 GREAT AMERICA FINANCIAL SVC. 216170 929.808/11/2025 0017900 GREAT LAKES DATA SYSTEMS INC 216171 22,709.858/11/2025 0000385 HACH COMPANY 216173 1,851.408/11/2025
0112305 HARTFORD UNDERWRITERS INSURANCE COMPANY 216240 3,570.008/11/2025 0109502 HAULAWAY STORAGE CONTAINERS, INC. 216227 255.368/11/2025 0095351 HAVE A PARTY PROS 216174 1,750.008/11/2025
0111486 HD SUPPLY, INC. 216175 2,246.478/11/2025
0105162 INCREDIFLIX, INC. 216179 1,751.758/11/2025
0018553 INTERSTATE TRAFFIC CONTROL PRODUCTS 216239 1,279.698/11/2025 0112342 JACOB SZETO 216230 12.928/11/2025
0112333 JAMES MAHON 216188 107.398/11/2025
0112017 JERRY CURIANO 216152 175.008/11/2025
0112331 JOANNE ICHIKI 216178 40.358/11/2025
0018376 JT2 INTEGRATED RESOURCES 216183 7,053.488/11/2025 0017004 KNORR SYSTEMS INT'L., LLC 216184 2,746.978/11/2025 0112338 LAURIE SCRIBNER 216218 20.328/11/2025
0112325 LEO JACQUES 216182 596.838/11/2025
0091101 LIEBERT CASSIDY WHITMORE 216185 6,965.008/11/2025 0112324 LSL, LLP 216187 3,000.008/11/2025
0109759 LUHDORFF&SCALMANINI CONSULTING ENGINEERS, INC. 216145 31,700.088/11/2025 0112329 LUKE BROADWAY 216134 82.158/11/2025
0109097 M-GROUP 216193 15,400.008/11/2025
0112341 MARIO BENAVENTE 216128 12.928/11/2025
0109532 MATRIX HG, INC. 216191 1,823.218/11/2025
0016041 METROMOBILE COMMUNICATIONS 216192 390.008/11/2025 0112335 MICHAEL CUDDY 216151 37.168/11/2025
0112340 MICHAEL HEALY 216176 65.218/11/2025
0092285 MICROMARKETING LLC 216194 157.468/11/2025
0000522 NORTH COAST COUNTY WATER DISTRICT(NCCWD) 216148 33,763.028/11/2025 0111055 O'REILLY AUTO PARTS 216198 43.748/11/2025
0110243 ODP BUSINESS SOLUTIONS, LLC 216195 437.148/11/2025 0097567 ONE HOUR DRY CLEANING 216197 353.808/11/2025
0018701 ORKIN PEST CONTROL 216199 1,426.008/11/2025
0104416 OVERDRIVE, INC. 216200 48.998/11/2025
0000012 PACIFIC GAS & ELECTRIC 216201 106,330.268/11/2025 0106110 PACIFIC OFFICE AUTOMATION 216202 881.508/11/2025 0106829 PACIFIC OFFICE AUTOMATION INC. 216203 548.338/11/2025 0112303 PHILADELPHIA INSURANCE COMPANIES 216180 1,147.008/11/2025 0105947 PLACEWORKS 216205 14,537.978/11/2025
0018756 POLLARDWATER 216206 213.418/11/2025
0018801 PROFORCE LAW ENFORCEMENT 216207 12,591.688/11/2025 0013981 QUILL CORPORATION 216209 70.488/11/2025
0103531 RICOH USA, INC. 216211 48.878/11/2025
0112327 RIYAD ASFOOR 216118 42.488/11/2025
0105968 ROADRUNNER DRILLING&PUMP CO 216212 128,250.008/11/2025 0111968 ROBERT GUTIERREZ 216172 1,080.008/11/2025
0106293 ROBERT HALF 216213 4,246.818/11/2025
0000022 ROBERT LOUIE 216186 204.758/11/2025
0105798 ROBERT WOOD 216244 500.008/11/2025
0016774 SAN DIEGO POLICE EQUIPMENT CO. 216214 24,820.778/11/2025 0099047 SAN MATEO CTY SHERIFF'S OFFICE 216215 1,780.008/11/2025 0018597 SAN MATEO DAILY JOURNAL 216216 720.008/11/2025 Page: 2
Docusign Envelope ID: A728DE5A-E6B2-4509-9FD8-67EABA06A60C

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8/11/2025 1:46:49PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: dliu
Vendor Code & Name Check # Check Date Amount
0112349 SCG AIRPORT TRADE CENTER LLC 216217 1,008.008/11/2025 0109773 SECURITY 101 216219 525.008/11/2025
0097626 SHARP ELECTRONICS CORP. 216220 13,483.758/11/2025 0112350 SHERRY RIBERO 216210 110.008/11/2025
0018962 SHOE DEPOT INC. 216221 1,086.088/11/2025
0093872 SHOWCASES 216222 18.658/11/2025
0104787 SINGER ASSOCIATES, INC. 216223 10,563.358/11/2025 0112344 SMARTSIGN 216224 33.618/11/2025
0112326 STACY TOLENTINO 216238 15.258/11/2025
0017857 STERICYCLE, INC. 216226 218.058/11/2025
0017016 SUPERCO SPECIALTY PRODUCTS 216228 2,914.588/11/2025 0102962 SWANK MOTION PICTURES, INC. 216229 2,330.008/11/2025 0101086 T-MOBILE 216237 1,221.368/11/2025
0018073 TEAMSTERS LOCAL 350 216231 3,550.008/11/2025
0015691 TEAMSTERS LOCAL 856 216232 12,177.008/11/2025 0107098 TELSTAR INSTRUMENTS 216233 757.008/11/2025
0112336 TERESA PALIGARU 216204 99.708/11/2025
0000241 THE ADAM-HILL COMPANY 216234 283.378/11/2025
0105527 THOMAS FRANZA 216160 22.428/11/2025
0000036 THOMSON REUTERS 216235 685.628/11/2025
0097449 TK ELEVATOR CORPORATION 216236 1,814.188/11/2025 0112337 TOM DENTONI 216154 95.458/11/2025
0111813 VIBO MUSIC SCHOOL 216241 1,440.008/11/2025
0105955 WEST COAST CODE CONSULTANTS, INC. 216143 5,119.008/11/2025 0096893 WILSEY HAM 216242 1,575.918/11/2025
0013841 WITMER-TYSON IMPORTS INC 216243 1,794.418/11/2025 0112343 ZONAR SYSTEMS 216245 282.998/11/2025
0112328 ZULEIKA BERNAL 216129 31.588/11/2025
Total count: 135
GrandTotal: 1,880,931.48
Page: 3
Docusign Envelope ID: A728DE5A-E6B2-4509-9FD8-67EABA06A60C

28 of 215

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: August 26, 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 for checks dated August 18, 2025, and/or claims numbered from 216246 through 216317 inclusive, totaling $1,867,463.39, 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 $94,324.95
132 Agency On Aging $33,437.71
137 Developer Project Contributions $44,579.85
141 Community Development $939,120.34
201 Parks and Facilities Capital $1,935.00
203 Street Improvement Projects $1,004.60
611 Water Fund $712,520.99
621 Stormwater Fund $593.40
631 Wastewater Fund $16,583.46
641 CityNet Services Fund $9,646.15
651 Parking Fund $954.60
701 Central Garage $1,428.45
702 Facility Maintenance Fund $3,962.54
707 Technology Development $7,371.35
TOTAL FOR APPROVAL $1,867,463.39

Respectfully submitted,

_________________________
Chief Financial Officer Date
Docusign Envelope ID: F60E9860-9B6C-4A21-A736-AF95B2E355CF 8/19/2025

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8/18/2025 10:57:20AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: dliu
Vendor Code & Name Check # Check Date Amount
0106435 ACTION TOWING & ROAD SVC. INC. 216246 148.508/18/2025 0095130 ALAMEDA COUNTY SHERIFF'S DEPT. 216247 1,031.008/18/2025 0108773 ALFRED S ROLDAN 216302 250.008/18/2025
0017459 ALL CITY MANAGEMENT SVC.INC. 216248 1,030.128/18/2025 0017298 ALLSTAR FIRE EQUIPMENT INC 216249 796.938/18/2025 0018976 ALPHA ANALYTICAL LAB. INC. 216250 3,198.008/18/2025 0109190 AMERICAN PORTABLES 216251 506.168/18/2025
0112355 ANTHONY SMERDEL 216306 5,000.008/18/2025
0016123 AT&T 216252 3,921.228/18/2025
0015110 AT&T MOBILITY 216253 99.828/18/2025
0018465 AT&T MOBILITY 216254 43.248/18/2025
0110745 BETTERHELP, INC. 216257 255.008/18/2025
0111845 BOB DIEHL 216267 328.008/18/2025
0017843 CENTRAL COUNTY FIRE DEPT. 216259 36,150.258/18/2025 0013595 CITY OF SAN BRUNO 216260 195.008/18/2025
0000227 CITY OF SAN BRUNO-UTILITY 216261 218.138/18/2025 0110800 CORPORATE CUISINE DBA CREEKSIDE GRILL 216266 33,437.718/18/2025 0018331 CSG CONSULTANTS INC. 216263 15,507.508/18/2025 0097934 CWEA-TCP 216264 251.008/18/2025
0018912 DASH MEDICAL GLOVES INC. 216265 194.488/18/2025 0112323 DEBBIE & BOB KOSSICK 216280 48.428/18/2025
0112322 ELIZABETH NAZARENO 216287 5,000.008/18/2025
0106234 FASTRAK INVOICE PROCESSING DEPT. 216278 16.008/18/2025 0102627 FASTRK VIOLATION PROCESSING DEPT. 216313 26.008/18/2025 0109510 FIRST ALARM 216269 954.268/18/2025
0018117 FLYERS ENERGY, LLC 216270 5,771.688/18/2025
0102869 FRANCHISE TAX BOARD 216271 363.008/18/2025
0000162 GRAINGER 216272 348.748/18/2025
0000385 HACH COMPANY 216273 4,472.008/18/2025
0109130 HAPPYFOX INC. 216274 1,479.008/18/2025
0111486 HD SUPPLY, INC. 216275 283.938/18/2025
0111537 IBRAHEEM MOSA 216286 3,991.088/18/2025
0109121 INFORMATION PROFESSIONALS,INC. 216276 480.008/18/2025 0015531 INTERSTATE BATTERY SYS. OF SF 216277 2,109.488/18/2025 0110728 JAKE ZHANG 216317 100.008/18/2025
0104708 JEREMY BRANDENBURG 216258 470.008/18/2025
0109512 JIMENEDA BUILDERS 216279 3,070.008/18/2025
0097746 JOE VALIENTE 216312 110.758/18/2025
0000317 L.N. CURTIS & SONS 216282 5,750.778/18/2025
0017026 LYNX TECHNOLOGIES, INC. 216284 2,250.008/18/2025 0112309 MATT LETHIN 216283 129.008/18/2025
0018397 MICHAEL KU 216281 950.008/18/2025
0106643 MICHAEL PAULIN 216293 595.008/18/2025
0001709 MILLBRAE LOCK 216285 68.528/18/2025
0110243 ODP BUSINESS SOLUTIONS, LLC 216288 371.398/18/2025 0109702 OUTDOOR SUPPLY HARDWARE 216289 98.198/18/2025 0000012 PACIFIC GAS & ELECTRIC 216290 15,629.658/18/2025 0106110 PACIFIC OFFICE AUTOMATION 216291 556.738/18/2025 0017948 PANAYIOTIS DEDES 216292 500.008/18/2025
0018801 PROFORCE LAW ENFORCEMENT 216294 1,730.548/18/2025 0018530 PROGRESSIVE SOLUTIONS INC. 216295 9,600.008/18/2025 0112321 R. BOWERS 216297 200.008/18/2025
0000175 RECOLOGY SAN BRUNO 216298 646.918/18/2025
Page: 1
Docusign Envelope ID: F60E9860-9B6C-4A21-A736-AF95B2E355CF

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8/18/2025 10:57:20AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: dliu
Vendor Code & Name Check # Check Date Amount
0110332 RICHARDS,WATSON & GERSHON 216299 98,352.068/18/2025 0105968 ROADRUNNER DRILLING&PUMP CO 216300 626,089.908/18/2025 0106293 ROBERT HALF 216301 1,844.508/18/2025
0017432 SAN MATEO COUNTY PUBLIC SAFETY COMMUNICATIONS 216296 166.508/18/2025 0107805 SEAN BERUBE 216256 31.928/18/2025
0097626 SHARP ELECTRONICS CORP. 216303 82.878/18/2025 0110785 SHAWN SHIN 216304 70.018/18/2025
0016458 SIADAT ENTERPRISES INC. 216305 1,386.458/18/2025 0110326 SNG & ASSOCIATES, INC. 216308 2,409.008/18/2025 0017016 SUPERCO SPECIALTY PRODUCTS 216309 1,319.718/18/2025 0018607 TAPCO 216310 2,188.838/18/2025
0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 216268 496.008/18/2025 0109929 TRIPEPI, SMITH AND ASSOCIATES, INC. 216307 1,441.258/18/2025 0104336 TRISHA BEOUGHER 216255 447.968/18/2025
0018944 ULINE, INC. 216311 1,540.548/18/2025
0109658 WATER ONE INDUSTRIES, INC. 216314 1,145.558/18/2025 0105955 WEST COAST CODE CONSULTANTS, INC. 216262 938,994.298/18/2025 0000612 WESTVALLEY CONSTRUCTION CO.INC 216315 16,514.078/18/2025 0110001 WHITE BRENNER LLP 216316 2,208.888/18/2025
Total count: 72
GrandTotal: 1,867,463.39
Page: 2
Docusign Envelope ID: F60E9860-9B6C-4A21-A736-AF95B2E355CF

31 of 215

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: August 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: John Mercado, Accountant
SUBJECT: Payroll Acceptance
City Council acceptance of the City payroll distributed July 18, 2025 is recommended.

The Labor Summary report reflecting the total payroll amount of $2,212,195.46 for bi- weekly pay period ending July 13, 2025, by funds are shown below:

Fund Amount
Fund: 001 - GENERAL FUND 1,536,369.89
Fund: 121 - FEDERAL/ STATE GRANTS 1,804.78
Fund: 122 - SOLID WASTE/RECYCLE 4,078.45
Fund: 132 - AGENCY ON AGING 13,119.61
Fund: 133 - RESTRICTED REVENUES 7,272.67
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 1,840.42
Fund: 141 - COMMUNITY DEVELOPMENT 73,744.03
Fund: 142 - RECREATION AND AQUATICS CENTER 133,846.62
Fund: 201 - PARKS AND FACILITIES CAPITAL 235.00
Fund: 203 - STREET IMPROVE. PROJECTS 14,758.07
Fund: 611 - WATER FUND 112,809.00
Fund: 621 - STORMWATER FUND 31,110.63
Fund: 631 - WASTEWATER FUND 104,270.77
Fund: 641 - CITYNET SERVICES FUND 92,080.80
Fund: 701 - CENTRAL GARAGE 12,916.27
Fund: 702 - FACILITY MAINT.FUND 42,222.97
Fund: 707 - TECHNOLOGY DEVELOPMENT 23,459.16
Fund: 711 - SELF INSURANCE 6,256.32
Total: 2,212,195.46
________________________________________________ ____ ________ Nick Pegueros, CFO / Administrative Services Director Date Docusign Envelope ID: 80E5C128-A8B5-44BF-8B13-72B0BF189BBD 7/22/2025
32 of 215
Item 6c.

City Council Agenda ItemStaff ReportCITY OF SAN BRUNO
DATE:August 26, 2025TO:Honorable Mayor and Members of the City CouncilFROM:Alex D. McIntyre, City ManagerPREPARED BY:John Mercado, AccountantSUBJECT:Payroll AcceptanceCity Council acceptance of the City payroll distributed August 1, 2025 is recommended. The Labor Summary report reflecting the total payroll amount of $2,232,049.24 for bi-weekly pay period ending July 27, 2025, by funds are shown below:FundAmount Fund: 001 - GENERAL FUND 1,540,307.31Fund: 121 - FEDERAL/ STATE GRANTS 2,228.95Fund: 122 - SOLID WASTE/RECYCLE 4,507.51Fund: 132 - AGENCY ON AGING 14,564.79Fund: 133 - RESTRICTED REVENUES 7,941.20Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 4,003.93Fund: 141 - COMMUNITY DEVELOPMENT 71,694.31Fund: 142 - RECREATION AND AQUATICS CENTER 146,241.74Fund: 201 - PARKS AND FACILITIES CAPITAL 375.24Fund: 203 - STREET IMPROVE. PROJECTS 23,030.28Fund: 611 - WATER FUND 108,835.49Fund: 621 - STORMWATER FUND 32,047.00Fund: 631 - WASTEWATER FUND 95,602.51Fund: 641 - CITYNET SERVICES FUND 93,608.37Fund: 701 - CENTRAL GARAGE 12,767.15Fund: 702 - FACILITY MAINT.FUND 42,138.27Fund: 707 - TECHNOLOGY DEVELOPMENT 25,757.31Fund: 711 - SELF INSURANCE 6,397.88Total:2,232,049.24________________________________________________ ____________Nick Pegueros, CFO / Administrative Services Director Date

33 of 215

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO

DATE: August 26, 2025

TO: Honorable Mayor and Members of the City Council

FROM: Alex D. McIntyre, City Manager

PREPARED BY: John Mercado, Accountant

SUBJECT: Payroll Acceptance

City Council acceptance of the City payroll distributed on August 15, 2025 is recommended. The Labor Summary report reflecting the total payroll amount of $2,331,008.94 for bi-weekly pay period ending August 10, 2025, by funds are shown below:

Fund Amount

Fund: 001 - GENERAL FUND 1,721,718.64
Fund: 122 - SOLID WASTE/RECYCLE 4,498.04
Fund: 132 - AGENCY ON AGING 13,477.21
Fund: 133 - RESTRICTED REVENUES 7,507.95
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 7,507.41
Fund: 141 - COMMUNITY DEVELOPMENT 72,759.35
Fund: 142 - RECREATION AND AQUATICS CENTER 56,157.85
Fund: 201 - PARKS AND FACILITIES CAPITAL 565.84
Fund: 203 - STREET IMPROVE. PROJECTS 21,895.12
Fund: 611 - WATER FUND 115,283.77
Fund: 621 - STORMWATER FUND 32,203.93
Fund: 631 - WASTEWATER FUND 93,213.60
Fund: 641 - CITYNET SERVICES FUND 95,736.43
Fund: 701 - CENTRAL GARAGE 12,872.30
Fund: 702 - FACILITY MAINT.FUND 42,323.45
Fund: 707 - TECHNOLOGY DEVELOPMENT 26,903.06
Fund: 711 - SELF INSURANCE 6,384.99

Total: 2,331,008.94

________________________________________________ ____________ Nick Pegueros, CFO / Administrative Services Director Date Docusign Envelope ID: 625A7FF7-ACB2-4CF8-80F3-359B507181D2 8/14/2025

34 of 215

Cash Fund Total
27,555,254.46 27,618,454.44
12,563,482.37 12,563,482.37
15,523,329.39 15,523,329.39
10,892,935.71 10,892,935.71
4,930,327.54 4,930,327.54

0.00 0.00

0.00 0.00
1,274,984.55 1,274,984.55
1,076,375.47 1,076,375.47
4,498.09 4,498.09
1,567,334.03 1,567,334.03
509,907.52 509,907.52
329,561.14 329,561.14
101,619.99 101,619.99
458,165.77 458,165.77

0.90 0.90
4,073,726.36 4,073,726.36
(263,009.01) (263,009.01)
2,819,782.59 2,819,782.59
1,047,912.73 1,047,912.73
1,047,298.63 1,047,298.63
10,646,473.60 10,646,473.60

0.00 0.00
4,837,213.39 4,837,213.39
(1,980,342.30) (1,980,342.30)

0.00 0.00
700,648.55 700,648.55
672,517.52 673,233.27
4,482,986.44 4,482,986.44
23,118.07 23,118.07
384,391.78 384,391.78
6,175,074.10 6,175,074.10
338,136.16 338,136.16
4,994,556.76 4,994,556.76
11,495,146.56 11,495,146.56

0.00 0.00
4,056,411.61 4,056,411.61
875,125.11 875,125.11
1,718,883.31 1,718,883.31
(326,885.70) 783,415.81
57,673,055.07 58,143,830.07
1,602,109.67 1,602,109.67
56,587,535.09 58,101,488.53
11,618,361.00 11,618,361.00
1,023,124.10 1,023,124.10
(280,240.58) (280,240.58)
329,994.37 329,994.37
1,725,272.96 1,725,272.96
794,715.29 794,715.29
994,179.02 1,085,297.52

0.00 0.00
266,675,049.18 269,925,113.36
* Reconciliation of Pooled Cash & Investments to Portfolio Book Value I
nvestment Portfolio Value 250,792,746.70
Cash on hand - Checking Account 14,901,914.98
Payroll and Accounts Payable Outstanding Checks (1,486,301.14) Deposits in Transit 2,466,688.64
General Ledger Cash Balance as of May 31, 2025 266,675,049.18 Prepared By: ____________________________________________________ Reviewed By: ____________________________________________________ 891 RECOLOGY SAN BRUNO 0.00
Grand Total: 3,250,064.18
Totals are through period: 11
707 TECHNOLOGY DEVELOPMENT 0.00
711 SELF INSURANCE 91,118.50
702 FACILITY MAINT.FUND 0.00
703 GENERAL EQUIPMENT REVOLVING 0.00
651 PARKING FUND 0.00
701 CENTRAL GARAGE 0.00
631 WASTEWATER FUND 1,513,953.44
641 CITYNET SERVICES FUND 0.00
611 WATER FUND 470,775.00
621 STORMWATER FUND 0.00
207 TECHNOLOGY CAPITAL 0.00
302 LEASE DEBT SERVICE 1,110,301.51
201 PARKS AND FACILITIES CAPITAL 0.00
203 STREET IMPROVE. PROJECTS 0.00
166 COMMUNITY BENEFIT FUND 0.00
190 DISASTER RECOVERY FUND 0.00
164 UTILITIES FACILITIES IMPACT FEE 0.00
165 BAYHILL SPECIFIC PLAN AREA DEVELOPMENT 0.00
162 GENERAL GOVERNMENT FACILITIES IMPACT F 0.00
163 TRANSPORTATION FACILITIES IMPACT FEE 0.00
160 COMMUNITY FACILITIES IMPACT FEE 0.00
161 PUBLIC SAFETY FACILITIES IMPACT FEE 0.00
152 CITY OF SB AS SUCCESSOR HOUSING AGENCY 0.00
153 RDA OBLIGATION RETIREMENT FUND 715.75
142 RECREATION & AQUATICS CENTER (RAC) 0.00
151 SUCCESSOR AGENCY TO THE SB RDA - OPS 0.00
140 DEVELOPER IN-LIEU UNDERGROUNDING 0.00
141 COMMUNITY DEVELOPMENT 0.00
137 DEVELOPER PROJECT CONTRIBUTIONS 0.00
138 AFFORDABLE HOUSING IMPACT FEES 0.00
133 RESTRICTED REVENUES 0.00
136 EMERGENCY DISASTER RESERVE 0.00
131 IN-LIEU FEES 0.00
132 AGENCY ON AGING 0.00
122 SOLID WASTE/RECYCL. 0.00
130 IMPACT FEES 0.00
113 POLICE SPECIAL REVENUE 0.00
121 FEDERAL/STATE GRANTS 0.00
104 MEASURE W TRANSPORTATION TAX 0.00
111 POLICE ASSET FORFEITURE 0.00
102 MEASURE A TRANSPORTATION TAX 0.00
103 STREET SPECIAL REVENUE 0.00
009 PARKING FUND 0.00
101 GAS TAX 0.00
005 MEASURE G DISTRICT SALES TAX 0.00
006 AMERICAN RESCUE PLAN ACT 0.00
003 ONE-TIME REVENUE 0.00
004 CAP IMPROV/ONE-TIME INITIATIVE RSRV 0.00
Investments
001 GENERAL FUND 63,199.98
002 GENERAL FUND RESERVE 0.00
glCashInv.rpt Cash and Investments Report Page: 1
8/19/2025 12:11:01PM
City of San BrunoThrough period: 11
Through May 2025
Docusign Envelope ID: BCB4038E-AAA2-44C9-8F83-983777A5A42D 8/19/2025
8/19/2025
35 of 215 Item 6d.

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: August 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Peter Gilli, Community Development Director SUBJECT: Consider Adoption of an Ordinance Entitled: “An Ordinance of the City Council of the City of San Bruno Amending the Zoning Map to Clean Up and Simplify Zoning Designations in the Transit Corridors Specific Plan Area by Rezoning Parcels on the Southern Side of San Bruno Avenue Between El Camino Real and Elm Avenue and the Western Side of El Camino Real Between San Bruno Avenue and Angus Avenue from Planned Development (PD) to High Density Mixed-Use (TOD-2), Rezoning Parcels on the Southwestern Corner of El Camino Real and Angus Avenue from Civic Center (CC) to High Density Mixed-Use (TOD- 2), and Rezoning a Parcel at 500 Sylvan Avenue from Planned Development (PD) to Central Business District (CBD), and Finding Such Action Exempt from the California Environmental Quality Act” Consider Adoption of an Ordinance Entitled: “An Ordinance of the City Council of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code to Clean Up, Clarify, and Simplify Regulations, and Finding Such Action Exempt from the California Environmental Quality Act”
Consider Adoption of an Ordinance Entitled: “An Ordinance of the City Council of the City of San Bruno Cancelling Mills Park Development Agreement and Finding Such Action Exempt from the California Environmental Quality Act”
BACKGROUND:

At its July 22, 2025, City Council Meeting, the City Council, by a 4-0 vote, introduced, read by title only and waived further reading of three ordinances proposing miscellaneous clarifying amendments and clean-up actions related to the Transit Corridors Plan Area, including amendments to the zoning map, the zoning ordinance, and the termination of the Mills Parks Development Agreement. The City Council also adopted a Resolution amending the Transit Corridors Plan for consistency with the zoning ordinance amendments.

DISCUSSION:

The purpose of this consent calendar item is to finalize adoption of the Ordinances introduced on July 22, 2025, to clean up, clarify, and simplify zoning regulations and to simplify the zoning 36 of 215
Item 6e.

Honorable Mayor and Members of the City Council
August 26, 2025

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map within the Transit Corridors Specific Plan Area, as well as termination of the Mills Park Development Agreement.

The zoning map amendments would eliminate the Civic Center zoning designation, rezoning Civic Center parcels to TOD-2, and rezone sites zoned as P-D to the appropriate Mixed-use zone, consistent with the Transit Corridors Plan. The zoning ordinance amendments would rescind the Civic Center district and allow Public Safety Facilities throughout the TCP area.

Miscellaneous clarifying, clean-up, or simplifying amendments to the Zoning Ordinance were bundled with the TCP Clean-Up as a matter of efficiency, as described in the July 22, 2025 staff report. Included in the miscellaneous amendments were changes to the commercial cannabis regulations to allow customers at least 18 years old with a physician’s recommendation; allow curbside pickup subject to procedures being approved by the Police Chief; and allow “dispensary” to be included in building signage. At the July 22 meeting, City Council was presented with an option to exclude the commercial cannabis building signage changes based on recommendations from the Planning Commission, but Council elected to adopt the Ordinance including the signage amendments to allow inclusion of the term “dispensary.” The Mills Park Development Agreement Cancellation Ordinance is included as the developer has indicated to staff they are not pursuing the project approved in 2020 for economic reasons, and they agree to cancel the DA. There are no penalties for the termination of the DA, and this action allows all parties to move forward.

ENVIRONMENTAL REVIEW:

The proposed modifications do not result in any additional environmental impacts that require CEQA review or have not already been analyzed.
Proposed amendments to the TCP text and proposed rezonings are limited to parcels that were already analyzed for potential development based on the 2013 TCP EIR; The termination of the Mills Park DA would not have an environmental impact; and The miscellaneous Municipal Code Amendments are minor in nature and do not result in increased development intensity and could not have an environmental impact.

RECOMMENDATION:

Adopt an Ordinance Entitled: “An Ordinance of the City Council of the City of San Bruno Amending the Zoning Map to Clean Up and Simplify Zoning Designations in the Transit Corridors Specific Plan Area by Rezoning Parcels on the Southern Side of San Bruno Avenue Between El Camino Real and Elm Avenue and the Western Side of El Camino Real Between San Bruno Avenue and Angus Avenue from Planned Development (PD) to High Density Mixed- Use (TOD-2), Rezoning Parcels on the Southwestern Corner of El Camino Real and Angus Avenue from Civic Center (CC) to High Density Mixed-Use (TOD-2), and Rezoning a Parcel at 500 Sylvan Avenue from Planned Development (PD) to Central Business District (CBD), and Finding Such Action Exempt from the California Environmental Quality Act” Adopt an Ordinance Entitled: “An Ordinance of the City Council of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code to Clean Up, Clarify, and Simplify Regulations, and Finding Such Action Exempt from the California Environmental Quality Act”

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Honorable Mayor and Members of the City Council
August 26, 2025

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Adopt an Ordinance Entitled: “An Ordinance of the City Council of the City of San Bruno Cancelling Mills Park Development Agreement and Finding Such Action Exempt from the California Environmental Quality Act”
FISCAL IMPACT:

There is no fiscal impact related to the adoption of the Ordinances.

ALTERNATIVES:

1. Do not adopt the Ordinances.

2. Continue the item and direct staff to make modifications to one or more of the Ordinances.

ATTACHMENTS:

1. Zoning Map Ordinance

2. Zoning Text Ordinance

3. Mill Park Development Cancellation Ordinance

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4 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING THE

ZONING MAP TO CLEAN UP AND SIMPLIFY ZONING DESIGNATIONS IN THE TRANSIT

CORRIDORS SPECIFIC PLAN AREA BY REZONING PARCELS ON THE SOUTHERN SIDE

OF SAN BRUNO AVENUE BETWEEN EL CAMINO REAL AND ELM AVENUE AND THE

WESTERN SIDE OF EL CAMINO REAL BETWEEN SAN BRUNO AVENUE AND ANGUS AVENUE FROM PLANNED DEVELOPMENT (PD) TO HIGH DENSITY MIXED-USE (TOD-2),

REZONING PARCELS ON THE SOUTHWESTERN CORNER OF EL CAMINO REAL AND ANGUS AVENUE FROM CIVIC CENTER (CC) TO HIGH DENSITY MIXED-USE (TOD-2), AND REZONING A PARCEL AT 500 SYLVAN AVENUE FROM PLANNED DEVELOPMENT (PD) TO CENTRAL BUSINESS DISTRICT (CBD), AND FINDING SUCH ACTION EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. The San Bruno City Council hereby amends the Zoning Map to change the zoning designation of parcels on the southern side of San Bruno Avenue between El Camino Real and Elm Avenue, and on the western side of El Camino Real between San Bruno Avenue and Angus Avenue from Planned Development (P-D) to High Density Mixed-Use (TOD- 2), parcels on the southwestern corner of El Camino Real and Angus Avenue from Civic Center (CC) to High Density Mixed-Use (TOD-2); and a parcel at 500 Sylvan Avenue from Planned Development (P-D) to Central Business District (CBD).

SECTION 2. FINDINGS.

WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to ensure the public health, safety, and general welfare of its citizenry; and WHEREAS, the Transit Corridors Specific Plan (TCP) was adopted by the City Council on February 12, 2013; and
WHEREAS, Chapter 12.280 (Mixed-Use Zoning Districts) was adopted by the City Council on March 9, 2021, to implement the development regulations set forth by the TCP; and WHEREAS, multiple sites within the TCP were zoned as Planned Development (PD) between 2013 and 2021 to allow development consistent with the TCP prior to adoption of Chapter 12.280 and rezoning these P-D sites to TOD-2 and CBD would be consistent with the TCP and General Plan; and
WHEREAS, the rezoning of parcels zoned CC to TOD-2 would continue to allow Public Safety Facilities and Government Offices, but will simplify the City’s Zoning Map and will be consistent with the TCP (as amended) and General Plan; and WHEREAS, the proposed Zoning Map Amendment will not be detrimental to the health, safety, morals, comfort and general welfare of the citizens of San Bruno.

WHEREAS, on July 9, 2025, the Planning Commission held a duly-noticed public hearing on the proposed Zoning Map Amendment and on said date the public hearing was opened, held, and closed; and
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4 WHEREAS, on July 22, 2025, the City Council held a duly-noticed public hearing on the proposed Zoning Map Amendment and on said date the public hearing was opened, held, and closed and the Ordinance was introduced.

SECTION 3. REGULATION.

The Zoning Map for the City of San Bruno is amended as follows:

Assessor's
Parcel
Number
Property
Existing
Zoning
District
Amended
Zoning
District
Assessor's
Parcel
Number
Property
Existing
Zoning
District
Amended
Zoning
District
020 072 030 Mills Park P-D TOD-2 020 076 130 Mills Park P-D TOD-2 020 072 040 Mills Park P-D TOD-2 020 076 160 Mills Park P-D TOD-2 020 072 050 Mills Park P-D TOD-2 020 076 200 Mills Park P-D TOD-2 020 072 060 Mills Park P-D TOD-2 020 076 220 Mills Park P-D TOD-2 020 072 070 Mills Park P-D TOD-2 020 076 230 Mills Park P-D TOD-2 020 072 310 Mills Park P-D TOD-2 020 076 240 Mills Park P-D TOD-2 020 072 320 Mills Park P-D TOD-2 020 076 250 Mills Park P-D TOD-2 020 072 340 841 San
Bruno P-D TOD-2 020 076 260 Mills Park P-D TOD-2
020 075 080 Mills Park P-D TOD-2 020 096 050 Mills Park P-D TOD-2 020 075 090 Mills Park P-D TOD-2 020 096 060 Mills Park P-D TOD-2 020 075 100 Mills Park P-D TOD-2 020 096 070 Mills Park P-D TOD-2 020 075 110 Mills Park P-D TOD-2 020 096 080 Mills Park P-D TOD-2 020 076 090 Mills Park P-D TOD-2 020 096 090 Mills Park P-D TOD-2

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4 Assessor's
Parcel
Number
Property
Existing
Zoning
District
Amended
Zoning
District
Assessor's
Parcel
Number
Property
Existing
Zoning
District
Amended
Zoning
District
020 076 100 Mills Park P-D TOD-2 020 097 010 Civic
Center CC TOD-2
020 076 110 Mills Park P-D TOD-2 020 145 480 500
Sylvan P-D CBD
020 076 120 Mills Park P-D TOD-2 020 256 330 Civic
Center CC TOD-2
SECTION 4. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the city or outside of the city, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 5. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

SECTION 6. CEQA EXEMPTION. The adoption of this ordinance is categorically exempt from environmental review pursuant to Title 14 of the California Code of Regulations, Sections 15061(b)(3), 15162, 15282(h), and 15378(b)(5), in that they are within the scope of previous Environmental Impact Reports for the Transit Corridors Plan or are miscellaneous amendments to the Municipal Code that could not otherwise have the potential for causing a significant effect on the environment.

SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from and after the date of its adoption.

SECTION 8. PUBLICATION. The City Clerk is directed to cause publication of this Ordinance as required by law.
__________________________________
Rico E. Medina, Mayor
ATTEST:
_________________________________
Lupita Huerta, City Clerk

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4 APPROVED AS TO FORM:
__________________________________
Trisha A. Ortiz, City Attorney
--oOo--
I hereby certify that foregoing Ordinance No. ____
was introduced at a regular meeting of the San Bruno City Council on July 22, 2025 and adopted by the San Bruno City Council at a regular meeting on August 26, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

_________________________________
Lupita Huerta, City Clerk

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3 ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING ARTICLE III (ZONING) OF TITLE 12 (LAND USE) OF THE MUNICIPAL CODE TO

CLEAN UP, CLARIFY, AND SIMPLIFY REGULATIONS, AND FINDING SUCH ACTION

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to ensure the public health, safety, and general welfare of its citizenry; and WHEREAS, it is in the public interest for the City of San Bruno (City) to establish reasonable, up-to-date, and comprehensive development standards and regulations; and WHEREAS, the proposed Municipal Code Amendment will not be detrimental to the health, safety, morals, comfort and general welfare of the citizens of San Bruno; and WHEREAS, on August 27, 2024, the City Council adopted an amended 2023-2031 Housing Element, which includes numerous implementation actions to improve local housing conditions, including Program 10.h, which requires amendments to the Central Business District (CBD) Zone to allow ground-floor residential uses; and
WHEREAS, the proposed San Bruno Municipal Code Amendments will be consistent with the City of San Bruno’s adopted General Plan and Specific Plans, unless otherwise amended by City Council Resolution 2025-___; and
WHEREAS, the Municipal Code Amendments to amend Title 12 were reviewed by the Planning Commission at a duly noticed public hearing on July 9, 2025. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. 2025-02 recommending that the City Council adopt the Municipal Code Amendments, with the exception of the proposed amendments to Municipal Code Section 12.300.110.F.4 regarding business identification signage for cannabis retailers; and
WHEREAS, on July 22, 2025, the City Council held a duly-noticed public hearing on the proposed Municipal Code Amendments and on said date the public hearing was opened, held, and closed and the Ordinance was introduced.

NOW, THEREFORE, the City Council of the City of San Bruno does ordain as follows:

SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.

SECTION 2. Editorial guidance. The following non-substantive editorial style is used.

Words that are underlined are additions; words with a line through are deleted; and words in [brackets] are instructions for the Code publisher and which instructions are not to be published in the City’s Code unless worded as an “editor’s note.” Numbers in [brackets] within and following tables are footnotes, and are not Code publisher instructions. 43 of 215
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3 In addition, the Code publisher will arrange definitions and other changes alphabetically to conform to the Code’s current style and will, as needed, re-order numbering and lettering changes caused by these amendments. The City Clerk and the City Attorney are authorized to work with the Code publisher to effectuate non-substantive amendments to ensure consistency as to form and style of the Code.

Further, the Code publisher is directed to substitute the name of an office and/or position wherever possible rather than use a gender pronoun without further or formal amendments.

SECTION 3. Section 12.84.030(B)(3), Temporary uses, is hereby amended as follows:

3. Off-site storage yards, trailers, staging areas or parking facilities related to construction projects. Temporary parking areas shall comply with Section 12.100.040(K); SECTION 4. Section 12.84.030(D), Temporary uses, is hereby amended as follows:

D. Community development director actions. The community development director may grant temporary use permits for any temporary use lasting for a period of three months or less. In addition, the director may grant a temporary use permit for up to one year for an offsite yard, trailer, staging or parking related to a construction project within the city limits, and such temporary use permit may be extended for up to one year at a time until the project is completed, if the applicant provides the director with satisfactory evidence that the construction project is proceeding in a timely manner.

1. An application for a temporary use permit shall be made under this subsection shall conform to the requirements specified in Sections 12.76.060 (Payment of fees required),

12.78.010 (Planning application completion and close out due to inactivity), and

12.112.020 (Application and plans), and the application shall be made at least sixty days in advance of the intended commencement date of the temporary use.

2. Upon receipt of a complete application for a temporary use permit under this subsection, the community development director shall approve, deny, or conditionally approve the application within one month.

3. At least ten days prior to approving a temporary use permit under this subsection, the community development director shall ensure that written notice of the proposed temporary use is: (a) posted in at least three conspicuous places on utility poles on both sides of the property frontage and across the street from the subject property; and (b) is given through the United States mail, with postage prepaid to all persons (including businesses, corporations, or other public or private entities) owning real property within three hundred feet of theadjacent to the exterior boundaries of the property for which the application is being considered, and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses. The notice shall specify the type and magnitude of the application to be considered, the place where copies of the application may be reviewed, the timing of approval, and a statement indicating the ability of any interested party to submit comments to the community development director.

4. The community development director shall grant a temporary use permit under this subsection D only if the director makes the findings required by Section 12.112.050(B).

5. The applicant or any other interested party may appeal the community development director's action on the temporary use permit to the planning commission. Appeals shall

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3 be made in writing, accompanied by any required fee, and filed with the city clerk within ten days after the final action of the community development director. The appeal shall clearly state the facts of the case and the grounds for the appeal. Upon receipt of the appeal, the community development director will schedule the appeal for a planning commission hearing within thirty days after the filing of the appeal.

6. The community development director may revoke a temporary use permit granted pursuant to the provisions of this subsection if any of the conditions or terms of such approval are violated or if any law is violated in connection therewith. At least ten days prior to revoking a temporary use permit under this subsection, the community development director shall ensure that written notice of the proposed revocation is given to the permittee, and is given through the United States mail, with postage prepaid to all persons (including businesses, corporations, or other public or private entities) owning real property adjacent to the property for which the revocation is being considered, and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses. A permittee or other interested party may appeal a revocation decision to the planning commission, as provided in subsection (D)(5) of this section.

SECTION 5. Section 12.90.040, Permitting procedures, is hereby amended as follows:

Within sixty days of receipt of a complete building permit application, the community development department staff shall ministerially process for approval any application for an ADU or JADU permit pursuant to this chapter. Incomplete applications will be returned with an explanation of what additional information is required. Upon finding that the ADU or JADU meets the requirements of this chapter, the application shall be approved ministerially without discretionary review or public hearing and the applicant may proceed to acquire a building permit. Review and approval of all ADUs and JADUs is ministerial, and CEQA does not apply to ministerial permits. Prior to obtaining a building permit for a JADU, submission of a completed, signed deed restriction is required, as described by Section 12.90.060.

SECTION 6. Chapter 12.90.060, Occupancy, is hereby amended as follows:

A. An accessory dwelling unit ADU or junior accessory dwelling unit JADU shall not be rented for less than thirty days if permitted after January 1, 2020.

B. A JADU shall require the recordation of a deed restriction that shall run with the land, be filed with the building department, and include both of the following:

1. A prohibition on the sale of the JADU unit separate from the sale of the single- family residence, including a statement that the deed restriction may be enforced against future purchasers; and

2. A restriction on the size and attributes of the JADU that conforms with Government Code Sections 66333–66339.

SECTION 7. Chapter 12.96, Establishment of Districts, is hereby amended as follows:

Chapter 12.96 – ESTABLISHMENT OF DISTRICTS

12.96.010 Established.

The districts established by the provisions of this article are designated as follows:

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3 12.96.060 R-1 Single-family residential district

12.96.070 R-2 Low density residential district

12.96.080 R-3 Medium density residential district

12.96.090 R-4 High density residential district

12.96.100 C-N Neighborhood commercial district

12.96.130 A-R Administrative and research district

12.96.150 M-1 Industrial district

12.96.170 O Open space and conservation district

12.96.180 U Unclassified district

12.96.200 P-D Planned development district

12.96.205 ES Emergency shelter overlay district

12.280.010.A CBD Central business district

12.280.010.B TOD-S TOD-station office

12.280.010.C TOD-1 Medium density mixed-use

12.280.010.D TOD-2 High density mixed-use

12.280.010.E MX-R Multi-use - Residential focus

12.280.010.F CC Civic center

12.190.020.A BRO Bayhill regional office zoning district

12.190.020.B BNC Bayhill neighborhood commercial zoning district

12.190.020.C BR Bayhill residential overlay zoning district

12.190.020.D BMU Bayhill mixed-use overlay zoning district SECTION 8. Section 12.108.010, Required, is hereby amended as follows:

A. An architectural review permit is a discretionary planning permit that enables the city to ensure that new structures and additions are consistent with the General Plan, applicable specific plan goals, policies, design guidelines, and development standards, and will not be detrimental to the public health, safety, or welfare.

B. Quality design of the built environment is in the interest of the community and is the primary purpose of the architectural review permit. The scope of city review is dependent on the scale of the project, and the intent of these regulations is to identify reasonable thresholds to have projects with the greatest potential to impact the greater community to be acted upon at planning commission hearings, and projects with lesser potential chance to impact the greater community to have administrative review.

C. An architectural review permit shall be required for the following:

1. New construction in In the R-1 and R-2 districts, new construction as required by Chapter

12.200.070040 and new buildings, additions, or site, architectural or landscape alterations for non-residential uses;

2. New buildings, additions, or site, architectural or landscape alterations in the R-3, R-4, C- N, A-R, M-1, O, and U districts, in the Mixed Use Zones of CBD, TOD-S, TOD-1, TOD-2, MX-R and CC, and in the Bayhill Specific Plan area;

3. New development plans, new buildings, additions or site, architectural or landscape alterations in a proposed or existing P-D district shall not require an architectural review permit, and shall undergo architectural review through a PD permit or modification to an existing PD permit as set forth in Section 12.96.190(L).

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3 D. No building permits shall be issued for any construction that requires an architectural review permit unless an architectural review permit has been issued by the decision-making authority in accordance with the provisions of this section.

SECTION 9. Section 12.108.015, Decision-making body, is hereby amended as follows:

A. Architectural review permits related to single-family homes or duplexes in the R-1 and R-2 districts shall be acted on by the community development director or planning commission as enumerated in Section 12.200.070.

B. Except as otherwise stated in subsection A, Aarchitectural review permits in all districts other than R-1 and R-2 shall be acted on as follows:

1. The community development director shall be the decision-making body for architectural review permits that include the following:
a. Accessory structures with limited direct visibility from the public right-of-way, or addition(s) less than ten percent of the existing structure and is less than ten thousand sq. ft. cumulatively;
b. Site, architectural or landscaping alterations including, but not limited to, changes in site paving, parking areas, parking lot striping, materials including paint, alterations, additions or elimination of existing doors, windows, awnings and other building elements, and changes to architectural features, such as the building cornice, roof or parapet provided that there is no structural modification, and the addition or removal of ground cover, shrubs, or trees.

2. The planning commission shall be the decision-making body for architectural review permits that include any of the following:
a. New building(s), other than accessory structures with limited direct visibility from the public right-of-way;
b. Addition(s) exceeding ten percent of the existing structure; or c. Addition(s) exceeding ten thousand sq. ft. cumulatively.

SECTION 10. Section 12.132.030, Hearing notices—Use permits, architectural review permits, planned unit permits, variances, appeals, is hereby amended as follows:

A. Whenever an application for any approval, or an appeal from action taken on a matter requiring a public hearing is submitted to the body or person charged with conducting a public hearing thereon, notice of hearing shall be given as follows:

1. by By notice through the United States mail, with postage prepaid using addresses from the latest equalized assessment roll, or alternatively, from such other records of the assessor or tax collector as contain more recent addresses in the opinion of the secretary of such body or person, or and

2. by By both publication at least once in a newspaper of general circulation, published and circulated in the city, and or by posting said notice in at least three conspicuous places close to the property affected.

B. When mailed notice is used, notice shall be given as follows:

1. Applications, as set forth in this article, that require a public hearing shall require a mailed notice be sent, pursuant to this section, to all owners of property within three hundred feet of the exterior boundaries of the property for which an application is being considered,

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3 except for applications for administrative temporary use permits, which shall only require that notice be mailed to persons owning real property adjacent to the exterior boundaries of the property for which the application is being considered, per Section 12.84.030(D)(3);

2. Applications, as set forth in this article, that do not require a public hearing, shall require a mailed notice be sent, pursuant to this section, to all owners of property adjacent to, which shall include across a street, the exterior boundaries of the property for which an application is being considered;

3. Said notices shall be mailed not less than ten or more than thirty days before the scheduled hearing or action date.

C. When posted notice is used, posting shall be on utility poles on both sides of the property frontage and across the street from the subject property.

D. Notices specified in subsections B and C of this section shall specify the type and magnitude of the application to be considered, the place where copies of the application may be reviewed, the time, date and place of hearing and the right to appear and be heard.

SECTION 11. Section 12.280.010.F, Civic Center, is hereby deleted in its entirety:

F.Civic Center (CC). The CC zoning district allows for a high intensity integrated civic center along El Camino Real. The CC zoning district applies to the area occupied by the San Bruno City Hall, Public Library, and Fire and Police Stations. The CC zoning district allows development intensities that support transit use and increased pedestrian activity and promote a high-quality design environment. The P/QP-CC zoning district implements the Public/Quasi-Public land use designation in the General Plan and the Civic Center land use designation in the Transit Corridors Plan.

SECTION 12. Section 12.280.020, Permitted Uses, is hereby amended as follows:

12.280.020 Permitted Uses.

Table 12.280-1 identifies land uses permitted, conducted entirely within an enclosed structure unless otherwise noted, in the mixed-use zoning districts. The regulations for each district are established by letter designations as follows:
"P" designates permitted land uses
"C" designates Use Permit required as set forth in Chapter 12.112 "-" designates land uses that are not allowed
A. Unlisted Uses. The land uses below are defined in Chapter 12.80, Definitions, of the San Bruno Zoning Ordinance. If a specific land use or activity is not defined, the director shall assign the land use or activity to a use type that is substantially similar in character. Use types not listed in the table or not substantially similar to the uses below are prohibited unless the community development director make a written determination that an unlisted proposed use is substantially equivalent to a permitted or conditionally listed use and is permitted if all of the following findings can be made.

1. The use is no greater in density or intensity than other permitted uses in the applicable zoning district;

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3 2. The use is compatible with permitted or conditionally permitted uses in the applicable zoning district;

3. The use will be consistent with the purpose and intent of the applicable zoning district and any applicable adopted specific plan;

4. The use is consistent with applicable goals and policies of the General Plan and any applicable adopted specific plan;

5. The use will not be detrimental to the public health, safety, or welfare.

When the community development director determines that a proposed use is equivalent to a permitted or conditionally permitted listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required (including the need for a conditional use permit or any other planning entitlement), and all applicable requirements of the Zoning Ordinance.

B. Conditional Land Uses. Those land uses specified as conditionally permitted uses in this chapter may be permitted subject to approval of a use permit pursuant to Chapter 12.122.

C. Existing Nonconforming Uses.

1. Where a use is classified as a "conditional use" under this chapter and legally exists as a permitted use at the date of the adoption of this chapter, it shall be considered a legal nonconforming use subject to Chapter 12.92.

2. Exemptions. Permitted single-family residential uses made legal nonconforming by adoption of the ordinance codified in this title shall be exempt from the prohibition on expansion of the legal nonconforming use set forth in Section 12.92.020(B)(2).

Table 12.280-1: Permitted Land Uses in Mixed-Use Zoning Districts Land Uses CBD TOD-
S
TOD-
1 TOD-
2 CC MX-R
Residential Uses
Duplex Homes, Mobile Home Parks,
Single-Family Homes
- - - - - -
Boardinghouse C [1] C C C - C
Live/Work C P P P - P
Multifamily Homes P [1] P P P P
Residential Care Facilities, Small P [1] P P P - P
Residential Care Facilities, Large P [1] P P P - P
Accessory Dwelling Units P P P P - P
Public and Quasi-Public Uses
Cemeteries [1] - - - - - -
Colleges and Universities; Schools; and
Trade and Vocational Schools
C [2] C C C - -
Community Facilities, Public C C - C C C

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3 Land Uses CBD TOD-
S
TOD-
1 TOD-
2 CC MX-R
Community Facilities, Private C C - C - C
Community Garden [1] P P P P P P
Day Care Center C P P P - P
Emergency Shelters - P [7] P [7] P [7] - -
Home Day Care, Small P [1] P P P - P
Home Day Care, Large P [1] P P P - P
Hospitals - C C C - -
Nursing and Convalescent Homes - C C C - -
Parks and Recreational Facilities
(Public) [1]

P P P P P P
Parks and Recreational Facilities
(Private) [1]

C C C C C C
Places of Worship C C C C - C
Public Safety Facilities -P -P -P -P P -P
Public Maintenance Facilities [1] - - - - - -
Social Services and Charitable
Institutions

C C C C - -
Commercial Uses
Adult Businesses (12.84.040) - - - C [5] - -
Amusement Game Centers (12.84.060) C C C C - C
Banks & Other Financial P P P P - P
Bars, Nightclubs and Lounges C p-
[5]
C [5] C [5] C [5] - C [5]
Business Services P [2] P P P - P
Cannabis Retailer - - C [4] C [4] - C [4]
Cardroom (12.84.050) C [5] - - C [5,
6]
- C [5, 6]
Check Cashing Establishments - - - C - -
Commercial Recreation and
Entertainment

C C C C - C
Drive-Through Facilities - - - C [5] - C [5]
Firearm Dealers - - - - - -
Gas and Service Stations [1] - - - C -
Health and Exercise Clubs C C C C - C
Hotels and Motels C P P P - P
Office P [2] P P P P P
Outdoor Dining [1] P P P P - P
Personal Services, Downtown Focus P P P P - P
Personal Services, Instructional Focus C C P P - P
Personal Services, General - C P P - P
Personal Storage - - - - - -
Pet Boarding Overnight - - C C - -

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3 Land Uses CBD TOD-
S
TOD-
1 TOD-
2 CC MX-R
Pet Day Care Facility C C P P - -
Research and Development P [2] P P P - P
Retail Sales and Services P [3] P P P - C
Restaurants P [3] P P P - P
Vehicle Sales and Rental [1] - - - C - -
Vehicle Repair and Maintenance - - - - - -
Industrial Uses
Construction, Maintenance, and Repair
Services; Heavy Equipment Sales and
Rental; Lumberyards; Manufacturing
and Processing (Light and General);
Warehousing, Wholesaling, and
Distribution
- - - - - -
Transportation, Communication, and Utilities Uses
Alternative Energy Structures [1] C C C C C C
Ground Transportation Provider - - - - - -
Parking Lots, Commercial [1] - - - - - -
Parking Structures, Commercial [1] C C C C - C
Recycling Collection Facilities - C C C - C
Recycling Processing Facilities - - - - - -
Transportation Terminals - P - - - -
Utilities, Major [1] C C C C C C
Utilities, Minor [1] P P P P P P
Notes:
[1] Permitted on upper floors; permitted on ground floor only if located along a side street without frontage along San Mateo Avenue. Permitted as an indoor and/or outdoor use. [2] Permitted on upper floors only.
[3] Permitted on ground floors only.
[4] Subject to obtaining the necessary permits pursuant to Chapters 4.70 and 12.300. [5] Requires planning commission action.
[6] Only permitted along El Camino Real and San Mateo Avenue. [7] Pursuant to performance standards as set forth in Section 12.96.205.E.

SECTION 13. Section 12.280.030.B, Development Standards, is hereby amended as follows:

B. Building Form and Placement. Table 12.280-2 identifies building form and placement standards in the Mixed-use zoning districts. Letters A, B, C, and D in the table refer to Figure 12.280-1.

Table 12.280-2 Mixed-Use Zoning District Standards
CBD TOD-S TOD -1 TOD-2 CC MX-R
Height (A)

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3 CBD TOD-S TOD -1 TOD-2 CC MX-R
Minimum
Height None None / 60
feet [1] None
Maximum
Height [2] 55 feet 65 feet / 90
feet [1] 65 feet 70 feet 70 feet 50 feet
Minimum
Stories None None / 4
stories [1] None
Maximum
Stories 4 5 stories / 7
stories [1] 5 5 5 3
Maximum FAR
Parcels
less than
20,000 sq.
ft.

2.0 2.0 2.0 2.0 2.0 2.0
Parcels
20,000 sq.
ft. or
greater
None
Residential:

3.0 Nonresidential:

0.6 Residential
Density None

40.0 dwelling
units per acre
[3]
Setbacks
Front (B)
Minimum
10 feet [4] 5 feet minimum, 10 feet average [5, 6] 15 feet [5] 5 feet
minimum, 10
feet average
[5, 6]
Street Side 5 feet 10 feet 5 feet
Interior
Side None
Rear (C) None
Rear if
Adjacent to
R-1 or R-2
District [7]
10 feet
Minimum Stepbacks (D)
Facing
Corridor
Street [8]
15 feet
above 4th
story
15 feet
above 4th
story
15 feet
above 4th
story
Adjacent to
R-1 or R-2
District
15 feet
above 3rd
story 15 feet
above 3rd
story
15 feet
above 3rd
story 15 feet
above 3rd
story
15 feet
above 3rd
story
None
Minimum
Required
Open
Space
40 sq. ft. of private or common open space per residential unit [9] Notes:
[1] East of San Mateo Ave/West of San Mateo Avenue. [2] A 10-foot increase in building heights may be permitted for use of dormers, cupolas and similar architectural features with an architectural review permit.

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3 [3] Projects that undertake public right-of-way streetscape improvements in accordance with criteria established by the city are eligible for a discretionary bonus of up to 8.0 units per acre. [4] In the CBD, the 10-foot setback is measured from edge of curb, and the combined width of the sidewalk and setback must equal at least 10 feet. Development projects that provide a combined 15-foot setback measured from edge of curb including the width of the sidewalk and setback may request a 25% reduction in the required amount of open space at the discretion of the decision-making body.
[5] Front setback must be pedestrian-oriented and contain semi-public amenities such as courtyards or outdoor seating areas.
[6] The average front setback shall equal the square footage resulting from multiplying the required average setback of the zone by the averageable width. The averageable width shall be the length of the property frontage. Residential ground-floor entry stoops may project into the setback area but must be set back at least 2 feet from the back of sidewalk. Window bays, balconies, and another architectural features may project into the average setback by 4 feet. [7] Adjacent means directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to. For the purposes of this chapter, if the subject property is adjacent to a right-of-way, but a parcel with R-1 or R-2 zoning exists directly across the right-of- way at a 90 degree angle to the subject property line, it shall be considered adjacent to the R-1 or R-2 Districts despite the intervening right-of-way.
[8] Corridor Streets include San Mateo Avenue, El Camino Real, San Bruno Avenue, and Huntington Avenue.
[9] A combination of private and common outdoor open space may be provided assuming that a minimum of 40 square feet total open space is provided per unit. Private outdoor space shall not be less than 6 feet in any dimension and may be provided in the form of a porch, balcony, deck, patio, or fenced yards. Common outdoor space shall be located behind or within buildings as courtyards, and/or screened from street view by plant materials, elevation changes, and/or other techniques as appropriate.

SECTION 14. Section 12.300.090 Cannabis retailers is hereby amended as follows:

A. A cannabis retailer shall have a building with a main entrance that is clearly visible from the public street, sidewalk, or public parking lot. Inside of the main entrance, there shall be a lobby or other receiving area satisfactory to the city to receive persons into the site and to verify whether they are allowed in the retail customer areas. All entrances into the building shall be secured at all times with entry controlled by the cannabis retailer's managers and staff.

B. If the cannabis retailer will conduct sales by delivery, each building shall have an area designed for the secure transfer of cannabis from the business to the delivery vehicle.

Delivery drivers shall be accompanied by a security escort during the transfer of cannabis from the business to the delivery vehicle.

C. Each building that will be used for storing cannabis or cannabis products as part of cannabis retailer shall have adequate storage space separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis retailer.

D. Cannabis retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not a juvenile is qualified to purchase cannabis goods, as set forth

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3 by subsections (1) and (2). Cannabis retailers shall verify that all customers are twenty-one years of age or older for the purchase of cannabis or cannabis products.

1. A licensed retailer shall only sell adult-use cannabis goods to individuals who are at least twenty-one years of age after confirming the customer's age and identity by inspecting a valid form of identification provided by the customer as required by subsection (3) of this section.

2. A licensed retailer shall only sell medicinal cannabis goods to individuals who are at least eighteen years of age and possess a valid physician's recommendation after confirming the customer's age, identity, and physician's recommendation as required by subsection (3) of this section.

3. Acceptable forms of identification include the following: (a) A document issued by a federal, state, county, or municipal government, or a political subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator's license, that contains the name, date of birth, height, gender, and photo of the person; (b) A valid identification card issued to a member of the Armed Forces that includes the person's name, date of birth, and photo; or (c) A valid passport issued by the United States or by a foreign government.

E. Individuals must show their government-issued identification in order to gain access into the cannabis retailer. A cannabis retailer shall only sell cannabis and cannabis products to individuals who are at least twenty-one years of age.

F. Cannabis retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on site in the retail sales area of the cannabis retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.

G. All restroom facilities shall remain locked and under the control of management.

H. The cannabis retailer shall notify patrons of the following through posting of a sign in a conspicuous location:

1. Secondary sale, barter or distribution of cannabis is a crime and can lead to arrest.

2. Loitering on and around the cannabis retailer is prohibited by California Penal Code Section 647(e) and patrons must immediately leave the site after purchasing cannabis or cannabis goods and not consume cannabis in the vicinity of the cannabis retail site or on the property or in the parking lot.

3. A warning that patrons may be subject to prosecution under federal cannabis laws.

4. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery.

I. Cannabis retailers shall only serve customers who are within the permitted premises, or at a delivery address that meets the following requirements:

1. The sale and delivery of cannabis goods shall not occur through a pass-through window or a slideout tray to the exterior of the premises.

2. Cannabis retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within or about a motor vehicle.

3. No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle, except retailers may be allowed to provide curbside

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3 pickup subject to specific security procedures in the operations plan, to the satisfaction of the police chief.

4. All cannabis goods sold by a retail business shall be contained in child-resistant packaging.

J. Cannabis retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.

K. Prior to commencing delivery operations, a cannabis retailer shall provide the following information to the city:

1. Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.

2. The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.

3. Proof of insurance for any and all vehicles being used to deliver cannabis goods.

4. The cannabis retailer shall provide the city with the information required by this section in writing for any new vehicle that will be used to deliver cannabis goods prior to using the vehicle to deliver cannabis goods. The cannabis retailer shall provide the city with any changes to the information required by this section in writing within thirty calendar days.

SECTION 15. Section 12.300.110.F.4, Commercial Cannabis Operations, is hereby amended as follows:

4. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered, except that the term “dispensary” shall be allowed to be added to the business identification signage, in a black or white color with letter heights no greater than 2/3 the height of the business name. No commercial cannabis operation shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis operation or elsewhere, including, but not limited to, the public right-of-way.

SECTION 16. California Environmental Quality Act (CEQA). The adoption of this ordinance is categorically exempt from environmental review pursuant to Title 14 of the California Code of Regulations, Sections 15061(b)(3), 15162, 15282(h), and 15378(b)(5), in that they are within the scope of previous Environmental Impact Reports for the Transit Corridors Plan or are miscellaneous amendments to the Municipal Code that could not otherwise have the potential for causing a significant effect on the environment.

SECTION 17. Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

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3 SECTION 18. Effective Date. This Ordinance shall take effect thirty (30) days from and after the date of its adoption.

SECTION 19. Publication. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published in a newspaper of general circulation at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933. _______________________________
ATTEST: Rico E. Medina, Mayor ______________________________
Lupita Huerta, City Clerk
APPROVED AS TO FORM:

_______________________________
Trisha Ortiz, City Attorney
--oOo--
I hereby certify that foregoing Ordinance No. ____
was introduced at a regular meeting of the San Bruno City Council on July 22, 2025 and adopted by the San Bruno City Council at a regular meeting on August 26, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

_________________________________
Lupita Huerta, City Clerk

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2 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO CANCELLING

THE MILLS PARK DEVELOPMENT AGREEMENT AND FINDING SUCH ACTION EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

THE CITY COUNCIL OF THE CITY OF SAN BRUNO HEREBY ORDAINS AS FOLLOWS:

Section 1. Findings, Purpose and Intent.

A. Pursuant to Ordinance No. 1883 the City of San Bruno (“City”) and Williams Portfolio 16, a California corporation. (“Developer”), entered into that certain development agreement (the “Development Agreement”), recorded as instrument No. 2020-088980 on September 1, 2020, in connection with the construction of mixed use retail/residential project at the Mills Park Center, located primarily at 601 – 799 El Camino Real, and the adjacent commercial site at 601 – 611 El Camino Real (the “Project”). The property subject to the Development Agreement is described in Exhibit A and depicted in Exhibit B of the Development Agreement.

B. Pursuant to Ordinance No. 1929, the parties entered into that certain First Amendment to Development Agreement (the “First Amendment”), as of October 27, 2022, to amend the Agreement to extend its term from ten (10) years to twelve (12) years, extend certain deadlines established in the Agreement, and make certain other modifications. The Amendment was recorded as Instrument No. 2022-0077311 on November 3, 2022 in the Office of the San Mateo County Recorder.

C. Development has not occurred and the parties desire to cancel the Agreement as permitted by California Government Code Section 65868 (the “Cancellation”).

D. Notice of intention to cancel has been given in the manner provided by California Government Code Section 65867 (as required by California Government Code Section 65868).

E. The City Council considered the information in the Project CEQA Documentation, as defined in Recital F of the Development Agreement, previously prepared for the Project and finds the Cancellation to be within the scope of the Project CEQA Documentation and exempt from CEQA pursuant to sections 15168 (Program EIR), 15162 (Subsequent EIRs and Negative Declarations) and 15183 (Projects Consistent with a Community Plan or Zoning), and in the alternative that it is exempt from CEQA pursuant to the State CEQA Guidelines Section 15061(B)(3) because it can be seen with certainty that cancelling the Agreement has no possibility of having a significant effect on the environment. No changes to the CEQA findings adopted in conjunction with the Project and the Development Agreement are made necessary by the Cancellation and the City Council finds the Cancellation to be within the scope of the prior Project CEQA Documentation and prior CEQA determinations made for the Project.

F. On July 9, 2025, the Planning Commission conducted a duly noticed public hearing to consider the Cancellation. At the close of that hearing, the Planning Commission 57 of 215
ATTACHMENT 3
2 3
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2 adopted Resolution No. 2025-02, recommending that the City Council cancel the Agreement.

G. On July 22, 2025, the City Council conducted a duly noticed public hearing to consider the Cancellation.

Section 2. The City Council hereby approves the Cancellation, as set forth in Exhibit A, and authorizes the City Manager to execute the Cancellation on behalf of the City substantially in the form attached hereto as Exhibit A, subject to such changes as deemed necessary or useful by the City Manager.

Section 3. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable.

Section 4. No later than ten (10) days after the effective date of this Ordinance, the City Clerk shall record with the County Recorder a copy of the Cancellation.

Section 5. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage, in accordance with Section 36933 of the Government Code; shall certify to the adoption of this Ordinance and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 6. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
__________________________________
Rico E. Medina, Mayor
ATTEST:
_________________________________
Lupita Huerta, City Clerk
APPROVED AS TO FORM:
__________________________________
Trisha A. Ortiz, City Attorney

58 of 215

3 3
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2 --oOo--
I hereby certify that foregoing Ordinance No. ____
was introduced at a regular meeting of the San Bruno City Council on July 22, 2025 and adopted by the San Bruno City Council at a regular meeting on August 26, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

_________________________________
Lupita Huerta, City Clerk

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2 Exhibit A

CANCELLATION OF DEVELOPMENT AGREEMENT
[see attached]
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REQUESTED BY

AND WHEN RECORDED
MAIL TO:

City Clerk
City of San Bruno
Attn: City Attorney’s Office
567 El Camino Real
San Bruno, CA 94066
______________________________________________________________________ Space Above This Line for Recorder's Use
Recording Fee: Exempt pursuant to
California Govt. Code Section 27383

CANCELLATION OF DEVELOPMENT AGREEMENT
This Cancelation of Development Agreement (this “Cancellation”), by and between the CITY OF SAN BRUNO, a municipal corporation (the “City”), and WILLIAMS PORTFOLIO 16, a California corporation, (the “Developer”), is dated for reference purposes as July 22, 2025.

R E C I T A L S
A. Pursuant to California Government Code Sections 65864-65869.5, the City and the Developer entered into a Development Agreement (the “Agreement”), dated for reference purposes as July 14, 2020, and effective as of August 13, 2020, to provide greater certainty and predictability in relations between the City and the Developer with respect to a development project on the property located primarily at 601 – 799 El Camino Real, and the adjacent commercial site at 601 – 611 El Camino Real, San Bruno, California, as more fully described in Exhibit A, attached hereto, and incorporated herein by reference. The Agreement was recorded as Instrument No. 2020-088980 on September 1, 2020 in the Office of the San Mateo County Recorder.

B. The parties entered into that certain First Amendment to Development Agreement (the “First Amendment”), as of October 27, 2022, to amend the Agreement to extend its term from ten (10) years to twelve (12) years, extend certain deadlines established in the Agreement, and make certain other modifications. The Amendment was recorded as Instrument No. 2022- 0077311 on November 3, 2022 in the Office of the San Mateo County Recorder.

C. Development has not occurred and the parties desire to cancel the Agreement as permitted by California Government Code Section 65868.
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ATTACHMENT 3, Exhibit A
-2-
3 2
7 4
D. Notice of intention to cancel has been given in the manner provided by California Government Code Section 65867 (as required by California Government Code Section 65868).

NOW, THEREFORE, City and Developer hereby cancel and terminate the Agreement. [Remainder of Page Intentionally Blank]

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IN WITNESS WHEREOF, the Developer and City have executed this Cancellation of Development Agreement as of the date first hereinabove written.

DEVELOPER:

WILLIAMS PORTFOLIO 16,
a California corporation
By:

Sean W. Williams, President
CITY:

CITY OF SAN BRUNO
___________________________
By: Alex D. McIntyre, City Manager
Attest:
______________________________ (SEAL)
Lupita Huerta
City Clerk
Approved as to Form:
________________________________
Trisha Ortiz
City Attorney

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ACKNOWLEDGMENTS
State of California )
) ss
County of ___________ )
On , before me,___________________________________________, (Name of Notary)
notary public, personally appeared _________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Notary Signature)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

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Exhibit A

PROPERTY LEGAL DESCRIPTION
[Chicago Title Company File No: 15606449-156-TJK-JM]

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN

BRUNO, IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

TRACT ONE:

PARCEL ONE:

LOTS 28, 29, 30, 31, 32, 33, 34 AND 35, BLOCK 1 AS SHOWN ON THE MAP ENTITLED "MILLS PARK NO. 2, SAN BRUNO, CALIFORNIA", WHICH MAP WAS FILED IN THE

OFFICE OF THE RECORDER, STATE OF CALIFORNIA, COUNTY OF SAN MATEO ON SEPTEMBER 23, 1941 IN BOOK 23 OF MAPS, PAGE 75.

PARCEL TWO:

LOT 3 IN BLOCK 1 AS SHOWN ON THAT CERTAIN MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY ON JANUARY 22, 1941 IN BOOK 23 OF MAPS, PAGE 35.

EXCEPTING THEREFROM SO MUCH AS DEDICATED FOR AN EASEMENT FOR

PUBLIC USE AS A PUBLIC STREET, HIGHWAY AND THOROUGHFARE OVER LAND SITUATE IN THE CITY OF SAN BRUNO, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY CORNER OF LOT 3, BLOCK 1, MAP OF MILLS PARK, SAN BRUNO, FILED IN BOOK 23 OF MAPS, PAGE 35; THENCE FROM SAID POINT OF BEGINNING SOUTH 17° 00' WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 11.25 FEET; THENCE NORTH 26° 57' 30" WEST 58.22 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 3; THENCE ALONG THE BOUNDARY OF SAID 3, NORTH 63° 02' 30" SOUTH 7.81 FEET AND SOUTH 26° 57' 30" EAST 50.12 FEET TO THE POINT OF BEGINNING.

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APN: 020-072-030 (AFFECTS PORTION OF PARCEL ONE), 020-072-040 (AFFECTS PORTION OF PARCEL ONE), 020-072-050 (AFFECTS PORTION OF PARCEL ONE), 020- 072-060 (AFFECTS PORTION OF PARCEL ONE), 020-072-070 AFFECTS PORTION OF PARCEL TWO) AND 020-072-320 (AFFECTS PORTION OF PARCEL ONE) AND JPN(S):
020 007 072 03 A, 020 007 072 04 A, 020 007 072 05 A, 020 007 072 06 A, 020 007 072 07 A AND 020 007 072 32 A
TRACT TWO:

PARCEL ONE:

A PORTION OF THAT CERTAIN PARCEL OF LAND DESIGNATED "B", AS SHOWN ON THE MAP ENTITLED "MAP NO. 2, MILLS PARK SAN BRUNO, CALIFORNIA", WHICH

MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON SEPTEMBER 23, 1941 IN BOOK 23 OF MAPS, PAGE 75, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING ON THE NORTHEASTERLY LINE OF CAMINO PLAZA, AS SHOWN ON

SAID MAP, AT THE MOST SOUTHERLY CORNER OF SAID PARCEL OF LAND DESIGNATED "B" ON SAID MAP; THENCE FROM SAID POINT OF BEGINNING NORTH 26° 57' 30" WEST ALONG THE SAID NORTHEASTERLY LINE OF CAMINO PLAZA, 152.31 FEET (SAID LAST MENTIONED DISTANCE BEING SHOWN ON THAT CERTAIN RECORD OF SURVEY MAP, FILED DECEMBER 04, 1941 IN BOOK 1 OF LICENSED LAND SURVEYORS MAPS, PAGE 72, RECORDS OF SAN MATEO COUNTY AND WHICH DISTANCE WAS INCORRECTLY SHOWN AS 151.26 FEET ON THE MAP OF MILLS PARK NO. 2 ABOVE MENTIONED) TO THE SOUTHEASTERLY LINE OF SAN BRUNO AVENUE, AS SHOWN ON THE MAP FIRST SHOWN REFERRED TO; THENCE NORTH 64° 14' 50" EAST ALONG, THE LAST MENTIONED LINE 55.34 FEET

TO THE SOUTHWESTERLY LINE OF THE LANDS DESCRIBED IN PARCEL ONE OF THE LIS PENDENS RECORDED SEPTEMBER 25, 1961 IN BOOK 4100 OF OFFICIAL RECORDS OF SAN MATEO COUNTY, PAGE 108 (98524-T) IN ACTION NO.96349, IN THE SUPERIOR COURT, COUNTY OF SAN MATEO, ENTITLED "THE PEOPLE OF THE

STATE OF CALIFORNIA ACTING BY AND THROUGH THE DEPARTMENT OF PUBLIC WORKS, PLAINTIFF VS. G. W. WILLIAMS CO., A CORPORATION, ET AL, DEFENDANTS", SAID LAST MENTIONED LINE BEING PARALLEL WITH AND DISTANT 60 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE "A" LINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY FOR STATE HIGHWAY IN THE CITY OF SAN BRUNO, ROAD IV-SM-22-DBR, THENCE ALONG SAID PARALLEL LINE SOUTH 27° 00' 20" EAST 151.15 FEET, (CALLED NORTH 26° 59' 40" WEST 150.91 FEET IN SAID PARCEL ONE OF THE LIS PENDENS ABOVE

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MENTIONED) TO THE SOUTHEASTERLY LINE OF SAID PARCEL DESIGNATED "B", THENCE SOUTH 63° 02' 30" WEST ALONG THE LAST MENTIONED LINE 55.46 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM:

THAT PORTION THEREOF CONDEMNED IN FEE BY CITY OF SAN BRUNO, A

MUNICIPAL CORPORATION BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 23, 1997, INSTRUMENT NO. 97-008527, OF OFFICIAL RECORDS.

PARCEL TWO:

PARCELS A AND B AS SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED, "PARCEL MAP, BEING A RESUBDIVISION OF PARCEL A AND PARKING AREA AS SHOWN ON THAT MAP ENTITLED, "MAP NO. 2 MILLS PARK" FILED FOR RECORD

IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON SEPTEMBER 23, 1941 IN VOLUME 23, PAGE 75" RECORDED ON AUGUST 05, 1975 IN BOOK 28 OF PARCEL MAPS, PAGE 44, SAN MATEO COUNTY RECORDS.

PARCEL THREE:

THAT CERTAIN PARCEL OF LAND DESIGNATED "PARKING AREA", AS SHOWN ON THE MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA", FILED IN THE

OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON JANUARY 22, 1941 IN BOOK 23 OF MAPS, PAGE 35, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF EL CAMINO REAL, DISTANT THEREON NORTH 26° 57' 30" WEST 60 FEET FROM THE INTERSECTION OF SAID SOUTHWESTERLY LINE WITH THE NORTHWESTERLY LINE OF LOT 26 IN BLOCK 2, AS SAID EL CAMINO REAL, LOT AND BLOCK ARE SHOWN ON THE MAP ABOVE MENTIONED; THENCE FROM SAID POINT OF BEGINNING, ALONG THE NORTHWESTERLY AND NORTHERLY LINE OF A 60 FOOT STREET, SOUTH 63° 02' 30" WEST 81.59 FEET AND NORTH 73° 00' WEST 28.62 FEET TO THE NORTHEASTERLY LINE OF A 60 FOOT STREET; THENCE NORTH 26° 57' 30" WEST, ALONG SAID NORTHEASTERLY LINE, 63.06 FEET TO THE NORTHWESTERLY LINE OF THE SUBDIVISION HEREINABOVE MENTIONED; THENCE NORTH 63° 02' 30" EAST 102.19 FEET TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL; THENCE

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SOUTH 26° 57' 30" EAST, ALONG SAID LINE, 82.96 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED AS PARCEL 4 IN THE FINAL ORDER OF CONDEMNATION, FILED NOVEMBER 27, 1962 IN THE SUPERIOR COURT OF SAN MATEO COUNTY, CASE NO. 96349, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 27, 1962 IN BOOK 4340, PAGE 509, OFFICIAL RECORDS.

APN: 020-075-080 (AFFECT PARCEL THREE), 020-075-090 (AFFECTS PORTION OF PARCEL TWO), 020-075-100 (AFFECTS PORTION OF PARCEL TWO) AND 020-075-110 (AFFECT PARCEL ONE) AND JPN(S): 020 007 075 08 A, 020 007 075 07 A, 020 007 075 06 A AND 020 007 075 05 A

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TRACT THREE:

PARCEL ONE:

LOTS 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 AND 13, BLOCK 2, AS SHOWN ON THE MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA" WHICH MAP WAS FILED IN

THE OFFICE OF THE RECORDER STATE OF CALIFORNIA, COUNTY OF SAN MATEO ON JANUARY 22, 1941 IN BOOK 23 OF MAPS, PAGE 35.

EXCEPTING THEREFROM, THE NORTHEASTERLY 14 FEET OF LOT 3 THRU 13 INCLUSIVE.

PARCEL TWO
LOT 2, BLOCK 2, AS SHOWN ON THE MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA.", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER STATE OF CALIFORNIA, COUNTY OF SAN MATEO ON JANUARY 22, 1941 IN BOOK 23 OF MAPS, PAGE 35.

EXCEPTING THEREFROM, THE NORTHEASTERLY 15 FEET.

APN: 020-076-090 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 09 A, 020-076-100 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 10 A, 020-076-110 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 11 A, 020-076-120 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 12 A, 020-076-130 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 13 A, 020-076-160 (AFFECTS PORTION OF PARCEL TWO) 020 007 076 16 A, 020-076-200 (AFFECTS PORTION OF PARCEL ONE) 020 007 076 20 A, 02-096-050 (AFFECTS PORTION OF PARCEL ONE) 020 009 096 05 A, 02-096-060 (AFFECTS PORTION OF PARCEL ONE) 020 009 096 06 A, 02-096-070 (AFFECTS PORTION OF PARCEL ONE) 020 009 096 09 A AND 02-096-080 (AFFECTS PORTION OF PARCEL ONE) 020 009 096 08 A
TRACT FOUR:

PARCEL ONE:

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LOTS 20, 21 AND 22 IN BLOCK 2, AS DESIGNATED ON THE MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON JANUARY 22, 1941 IN LIBER 23 OF MAPS, PAGE 35.

EXCEPTING THEREFROM ALL THOSE PORTIONS, AS GRANTED BY DEEDS, ONE FROM GEORGE W. WILLIAMS AND HORTENSE WILLIAMS, HIS WIFE, TO THE CITY OF SAN BRUNO, RECORDED APRIL 17, 1951, IN BOOK 2055, PAGE 338, OFFICIAL RECORDS; AND ONE FROM FRANK F. BURROWS AND ALICE S. BURROWS, HIS WIFE, TO THE CITY OF SAN BRUNO, RECORDED APRIL 17, 1951 IN BOOK 2055, PAGE 344, OFFICIAL RECORDS, AND ALSO THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION (CASE NO. 95818) RECORDED MARCH 29, 1963 IN BOOK 4423, PAGE 478, OFFICIAL RECORDS OF SAN MATEO COUNTY.

PARCEL TWO:

LOTS 23 AND 24 AND A PORTION OF LOTS 25 AND 26, IN BLOCK 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED "MILLS PARK, SAN BRUNO, CALIFORNIA" WHICH

MAP WAS FILED IN THE OFFICE OF THE RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON JANUARY 22, 1941 IN LIBER 23 OF MAPS, PAGE 35, WHICH PORTION OF LOTS 25 AND 26 IS MORE PARTICULARLY DESCRIBED AS:

BEGINNING AT THE POINT OF INTERSECTION OF THE LINE DIVIDING LOT 24 FROM LOTS 25 AND 26 IN BLOCK 2, WITH THE SOUTHWESTERLY LINE OF EL

CAMINO REAL, AS SAID LOTS, BLOCK AND ROAD ARE SHOWN ON THE MAP ABOVE MENTIONED; THENCE SOUTH 61° 55' 10" WEST ALONG SAID DIVIDING LINE, A DISTANCE OF 156.59 FEET TO ITS INTERSECTION WITH THE LINE DIVIDING LOT 3 FROM LOTS 24 AND 25; THENCE NORTH 28° 04' 50" WEST ALONG THE LINE DIVIDING LOTS 3 AND 25, A DISTANCE OF 7 FEET 8-1/8 INCHES; THENCE NORTH 61° 55' 10" EAST PARALLEL WITH THE DIVIDING LINE OF LOTS 24, 25 AND 26, A DISTANCE OF 156.75 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON THE MAP ABOVE REFERRED TO; THENCE SOUTH 26° 57' 30" EAST ALONG SAID SOUTHWESTERLY LINE A DISTANCE OF 7 FEET 8-1/8 INCHES, MORE OR LESS, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM ALL THOSE PORTIONS CONVEYED TO THE CITY OF SAN BRUNO BY QUITCLAIM DEED RECORDED APRIL 17, 1951, IN BOOK 2055, PAGE 338, OFFICIAL RECORDS; AND BY DEED RECORDED DECEMBER 15, 1952 IN BOOK 2340,

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PAGE 430, OFFICIAL RECORDS, AND ALSO THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION (CASE NO. 95818) RECORDED MARCH 29, 1963 IN BOOK 4423, PAGE 478, OFFICIAL RECORDS OF SAN MATEO COUNTY.

PARCEL THREE:

BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THAT LAND DESCRIBED IN THE DEED TO G.W. WILLIAMS CO., RECORDED OCTOBER 01, 1946, IN BOOK 1288, PAGE 187 WITH THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION, UNDER NO. 96349, SHOWN

AS THE PEOPLE OF THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF PUBLIC WORKS, (PLAINTIFF), VS G.W. WILLIAMS CO., A CORPORATION ET AL, (DEFENDANTS), AND FILED FOR RECORD MARCH 29, 1963 IN BOOK 4423, PAGE 485, BOTH IN OFFICIAL RECORDS OF SAN MATEO COUNTY; THENCE NORTH 27° 00' 16" WEST 106.95 FEET ALONG LAST SAID LINE AND ITS

PROLONGATION TO THE GENERAL NORTHERLY LINE OF THAT LAND DESCRIBED IN RESOLUTION NO. 4190 "AN ORDER VACATING CERTAIN PORTIONS OF KAINS AVENUE, SAN BRUNO, CALIFORNIA", RECORDED BY THE CITY COUNCIL OF THE CITY OF SAN BRUNO ON APRIL 19, 1950 IN BOOK 1839, PAGE 642, SAID OFFICIAL RECORDS; THENCE ALONG THE GENERAL NORTHERLY LINE OF LAST SAID LAND SOUTH 63° 02' 30" WEST 49.99 FEET AND NORTH 73° 00' 00" WEST 2.79 FEET; THENCE LEAVING LAST SAID LINE SOUTH 27° 00' 16" EAST 64.00 FEET; THENCE NORTH 62° 59' 44" EAST 2.70 FEET; THENCE SOUTH 27° 00' 16" EAST 45.86 FEET TO SAID FIRST MENTIONED NORTHERLY LINE; THENCE NORTH 61° 55' 10" EAST 49.31 FEET ALONG LAST SAID LINE TO THE POINT OF BEGINNING.

AS DESCRIBED ON APPROVAL OF LOT LINE ADJUSTMENT RECORDED FEBRUARY 16, 1989 IN INSTRUMENT NO. 89020801.

PARCEL FOUR:

BEGINNING IN THE GENERAL NORTHERLY LINE OF THAT LAND DESCRIBED IN RESOLUTION NO. 4190 "AN ORDER VACATING CERTAIN PORTIONS OF KAINS AVENUE, SAN BRUNO, CALIFORNIA", RECORDED BY THE CITY COUNCIL OF THE CITY OF SAN BRUNO ON APRIL 19, 1950 IN BOOK 1839, PAGE 642, OFFICIAL RECORDS OF SAN MATEO COUNTY DISTANT SOUTH 63° 02' 30" WEST 49.99 FEET AND NORTH 73° 00' 00" WEST 2.79 FEET ALONG SAID LINE FROM ITS

INTERSECTION WITH THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION, UNDER NO. 96349, SHOWN AS THE

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PEOPLE OF THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF PUBLIC WORKS, (PLAINTIFF), VS G.W. WILLIAMS CO., A CORPORATION ET AL, (DEFENDANTS), AND FILED FOR RECORD MARCH 29, 1963 IN BOOK 4423, PAGE 485, SAID OFFICIAL RECORDS, THENCE SOUTH 27° 00' 16" EAST 64.00 FEET; THENCE NORTH 62° 59' 44" EAST 2.70 FEET; THENCE SOUTH 27° 00' 16" EAST 45.86 FEET TO THE NORTHERLY LINE OF THAT LAND DESCRIBED IN THE DEED TO G.W. WILLIAMS CO., A CORPORATION, RECORDED OCTOBER 01, 1946, IN BOOK 1288, PAGE 187, SAID OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE SOUTH 61° 55' 10" WEST 43.10 FEET TO THE GENERAL

NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THE CONVEYANCE TO THE CITY OF SAN BRUNO, A MUNICIPAL CORPORATION RECORDED, DECEMBER 15, 1952 IN BOOK 2340, PAGE 430, SAID OFFICIAL RECORDS; THENCE NORTHERLY

AND NORTHWESTERLY ALONG LAST
SAID LINE AND ITS PROLONGATION NORTH 28° 04' 50" WEST 12.98 FEET AND NORTH 73° 00' 00" WEST 82.43 FEET TO THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN 1839 OR 642 MENTIONED ABOVE; THENCE NORTHERLY AND EASTERLY ALONG LAST SAID LINE THE FOLLOWING THREE COURSES: NORTH 17° 00' 00" EAST 79.16 FEET; NORTH 62° 00' 00" EAST 27.35 FEET AND SOUTH 73° 00'00" EAST 24.46 FEET TO THE POINT OF BEGINNING.

AS DESCRIBED AN APPROVAL OF LOT LINE ADJUSTMENT RECORDED FEBRUARY 16, 1989 IN INSTRUMENT NO. 89020801.

APN: 020-076-220 (AFFECTS PARCEL TWO) 020 007 076 22 A, 020-076-230 (AFFECTS PARCEL ONE) 020 007 076 23 A, 020-076-250 (AFFECTS PARCEL THREE) 020 007 076 21 A AND 020-076-260 (AFFECTS PARCEL FOUR) 020 007 076 01 A For APN/Parcel ID(s): 020-072-030, 020-072-040, 020-072-050, 020-072-060, 020-072-070, 020-072-320, 020-076-220, 020-076-230, 020-076-250, 020-075-080, 020-075-090, 020-075- 100, 020-075-110, 020-076-090, 020-076-100, 020-076-110, 020-076-120, 030-076-130, 020- 076-160, 020-076-200, 020-096-050. 020-096-060, 020-096-070, 020-096-080 & 020-076-260 For JPN(s): 020-007-072-03A, 020-007-075-04A, 020-007-072-05A, 020-007-072-06A, 020- 007-072-07A, 020-007-073-32A, 020-007-076-22A, 020-007-076-23A, 020-007-075-08A, 020- 007-075-07A, 020-007-075-06A, 020-007-075-05A, 020-007-076-21A, 020-007-076-09A, 020- 007-076-10A, 020-007-076-11A, 020-007-076-12A, 020-007-076-13A, 020-007-076-16A, 020- 007-076-20A, 020-009-096-05A, 020-090-096-06A, 020-009-096-09A, 020-009-096-A & 020- 007-076-01A

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[Chicago Title Company File No: 15606119-156-TJK-JM]

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN

BRUNO, IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOTS 14, 15, 16, 17, 18, AND 19, IN BLOCK 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MILLS PARK, SAN BRUNO, CALIFORNIA", FILED IN THE OFFICE OF

THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON JANUARY 22, 1941 IN BOOK 23 OF MAPS AT PAGE 35.

EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 13, 1946 IN BOOK 1302 AT PAGE 332, OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE CITY OF SAN BRUNO, RECORDED APRIL 17, 1951 IN BOOK 2055 AT PAGE 340, OFFICIAL RECORDS.

FURTHER EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 28, 1962 IN BOOK 4362 AT PAGE 226, OFFICIAL RECORDS.

For APN/Parcel ID(s): 020-096-090 & 020-076-240
For JPN(s): 020-009-096-09A & 020-007-076-24A

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[Chicago Title Company File No: 15606450-156-TJK-JM]

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN

BRUNO, IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

Tract A:

Public street commonly known as Camino Plaza, as shown on that certain Map entitled, “Map No. 2, Mills Park, San Bruno, California”, filed for record on the office of the County Recorder on September 23, 1941, in Book 23 of Maps, at page 75, San Mateo County Records.

Tract C:

Portion of Public streets known as Camino Plaza and Kains Avenue (formerly known as Cypress Avenue), as shown upon that certain Map entitled, “Mills Park, San Bruno, California”, filed for record in the office of the County Recorder on January 22, 1941, in Book 23 of Maps, at page 35, San Mateo County Records, said portion of Kains Avenue lying Northeasterly of a line drawn between the most Southerly corner of Lot 3 of Block 1 of said Mills Park and the point of intersection of the of the Southeasterly line of Kains Avenue (formerly known as Cypress Avenue) with the Southerly line of those lands described in the Deed to the City of San Bruno recorded December 15, 1952 in Book 2340 of Official Records, at page 429.

Also, any portion of that parcel of land described in the Deed to the City of San Bruno, recorded March 1, 1950, in Book 1807 of Official Records, at page 681, San Mateo County Records.

Also, any portion of that parcel of land described in the Deed to the City of San Bruno, a Municipal Corporation recorded March 9, 1950, in Book 1815 of Official Records, at page 69, San Mateo County Records. Also, any portion of the land described in that certain Final Order of Condemnation, recorded on March 29, 1963 in Book 4423 of Official Records, at page 485, San Mateo County Records.

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Tract D:

A twenty foot wide alley and a twenty four foot wide alley situated in Block 2, as designated on that certain map entitled, “Mills Park, San Bruno, California”, which map was filed for record in the office of the County Recorder of San Mateo County on January 22, 1941 in Volume 23 of Official Maps at page 35, the dividing line of which said alley is described and designated as to widths from said dividing line as follows:

A twenty foot wide alley ten foot northerly and ten foot southerly of a dividing line beginning at a point on the Northwesterly line of said Lot 2 (said line being identical with the Southeasterly line of Kains Avenue) of the aforementioned Block 2, distant 5 feet Southwesterly from the most Northerly corner of said Lot 2; thence Southeasterly parallel to and distant five (5) feet from the Northeasterly line of said Lot 2 and continuing to an
intersection with the longitudinal dividing line of said Block 2; thence Southeasterly an alley being twenty four foot wide, said alley being 10 foot northeasterly and 14 foot southwesterly of the said longitudinal dividing line of said Block 2, to the Northwesterly line of Angus Avenue.

Excepting therefrom all that portion thereof lying Southeasterly of the Northeasterly prolongation of the
Southeasterly line of Lot 7 of said Block 2.

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: August 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matthew Lee, P.E., Public Works Director
Steven Salazar, Water Services Manager
SUBJECT: Consider Adoption and Approving the Following Two Resolutions:

1. Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County

2. Updated Tier 2 Drought Response Implementation Plan
BACKGROUND:

This report provides an overview of two important water supply reliability contract actions:

1. An amendment to the Amended and Restated Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County (WSA): This amendment addresses three key areas:
a. Minimum Purchase Requirements: Modifies Minimum Purchase requirements to align with evolving water supply conditions.
b. Tier 1 Water Shortage Allocation Plan (Tier 1 Plan): Establishes a new method for considering collective Wholesale Customer SFPUC purchases when determining how excess use charges will be applied.
c. Updates: Revisions to address discrete issues that arose over the course of implementing the WSA.

2. An updated Tier 2 Drought Response Implementation Plan (Tier 2 Plan): The Tier 2 Plan provides the method for allocating water from the San Francisco Regional Water System (RWS) among the Wholesale Customers during periods of shortage caused by drought.

Water Supply Agreement History
In June 2009, the City of San Bruno entered into a Water Supply Agreement with the City and County of San Francisco (San Francisco) and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County (2009 WSA). The 2009 WSA establishes the terms by which the twenty-six Wholesale Customers purchase water from the RWS. The 2009 WSA 77 of 215
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builds upon the 1984 "Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County and Alameda County."
In September 2017, the Bay Area Water Supply and Conservation Agency (BAWSCA) and the Water Management Representatives (WMR) of the BAWSCA member agencies began reviewing the issue of Minimum Purchase Requirements, as described in Section 3.07.C of the WSA, and discussing the creation of a process to transfer minimum annual purchase quantities among the Wholesale Customers. Throughout 2017 and 2018, the WMR held multiple meetings during which the agencies currently subject to Minimum Purchase Requirements (Original Minimum Purchase Customers) and the other Wholesale Customers shared their interests and concerns regarding changes to the Minimum Purchase Requirements and allowing transfers of minimum annual purchase quantities.

On March 12, 2019, the City of San Bruno’s City Council approved the 2018 Amended and Restated WSA (2018 WSA), at which time the Wholesale Customers expressed a collective interest in working together to develop a process for the expedited and permanent transfer of minimum annual purchase quantities. The Wholesale Customers directed BAWSCA to facilitate negotiation of a new WSA amendment to provide a procedure for expedited and permanent transfers of minimum annual purchase quantities in a manner that safeguards the financial and water supply interests of Wholesale Customers not participating in such transfers. This amendment was memorialized in the 2021 Amended and Restated WSA (2021 WSA).

Tier 2 Plan Negotiations and Development of Minimum Purchase Quantity Reset Proposal In January 2021, BAWSCA began facilitating an update to the Tier 2 Plan, the method for allocating water from the RWS among the Wholesale Customers during shortages caused by drought. The Tier 2 Plan is an agreement among the twenty-six Wholesale Customers and must be unanimously adopted by them. Each Wholesale Customer appointed a lead negotiator to represent the interests of its agency in the negotiations. Between January 2022 and June 2024, BAWSCA and the lead negotiators, supported by a consulting firm providing technical and modeling expertise, met at least 62 times, most often for half-day, in-person meetings and smaller virtual sub-group sessions, to negotiate the terms of the updated Tier 2 Plan.

In November 2021, San Francisco declared a water shortage emergency in response to the Governor’s executive action declaring a drought state of emergency across most of California.

This action triggered implementation of the Tier 1 and Tier 2 Plans by BAWSCA and San Francisco for the first time.

Throughout the two and a half years of Tier 2 Plan negotiations, the Wholesale Customers gained insight into unique characteristics of each agency and specific challenges related to water supplies and droughts. During these discussions, Wholesale Customers subject to the Minimum Purchase requirements (Minimum Purchase Customers) articulated the unique challenges that the Minimum Purchase Requirements present. More detailed information about these issues is provided in Attachment A, the Summary of the WSA Amendments.

In June 2023, following several years of discussions regarding the Minimum Purchase Requirements, the SFPUC proposed amending the 2021 WSA to reset the existing minimum annual purchase quantities to align with current water consumption trends, while protecting investment in the RWS. For the remainder of 2023, the SFPUC, the Original Minimum

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Purchase Customers, and BAWSCA held multiple meetings to identify amendments that would address challenges related to the Minimum Purchase Requirements. Once the SFPUC and the Original Minimum Purchase Customers finalized their recommended amendments to the Minimum Purchase Requirements, the Original Minimum Purchase Customers presented the proposals to the broader Wholesale Customers’ group to secure their support. Negotiations among the Wholesale Customers were concluded in Fall 2024.

In June 2024, the lead negotiators concluded negotiations on the updated Tier 2 Plan. The agency representatives collectively agreed that they were ready to recommend the Tier 2 Plan to their governing boards for adoption. A summary of the Tier 2 Plan is provided in the Discussion section below.

Tier 1 Plan Amendment
In Fall of 2024, all twenty-six Wholesale Customers and San Francisco negotiated an amendment to the Tier 1 Plan in the WSA to incorporate a new “Tier 1 Family Plan,” whereby San Francisco may only apply excess use charges to Wholesale Customers who exceed their individual shortage allocation when the collective Wholesale Customer usage exceeds the Tier 1 allocation. A more detailed summary of the WSA amendments is provided in the Discussion section below.

DISCUSSION:

This section provides summaries of the Water Supply Agreement (WSA) Amendments and the updated Tier 2 Plan:

A. Summary of Water Supply Agreement (WSA) Amendments

1. Minimum Purchase Requirements
Existing Section 3.07 of the 2021 WSA provides that four Wholesale Customers (Alameda County Water District and the Cities of Milpitas, Mountain View, and Sunnyvale, collectively, the “Original Minimum Purchase Customers”) may purchase water from sources other than from San Francisco, but they are each obligated to purchase a specific minimum annual quantity of water from the San Francisco, referred to as a “Minimum Purchase Requirement." If a Minimum Purchase Customer does not meet its Minimum Purchase Requirement in a particular fiscal year, it must pay San Francisco for the difference between its metered water purchases during the fiscal year and its minimum annual purchase quantity set forth in Attachment E of the 2021 WSA.

It is assumed that the Minimum Purchase Requirements were originally designed to prevent four specific multi-source agencies from shifting from the RWS to other imported water sources. However, changed conditions, including recurring droughts, improved water use efficiency, and investments in local supplies have reduced demand on the RWS. Despite these improvements, the RWS remains vulnerable to severe droughts, prompting the San Francisco Public Utilities Commission (SFPUC) to invest in alternative water supplies. The Minimum Purchase Customers are well-positioned to develop their own local, drought-resilient supplies, which would reduce the regional dry- year supply gap, improving reliability of the RWS for all users. These amendments may

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reduce a perceived existing disincentive to improve efficiency and develop alternative supplies.

1.1. Reduction of Minimum Annual Purchase Quantities (MPQ) MPQs set in the 1984 Settlement Agreement and Master Water Sales Contract (1984 Contract) were calculated based on 80% of each of the four Original Minimum Purchase Customer’s purchases from the RWS in the 1980s. The MPQs were later reduced by 5% as part of the 2009 WSA. Upon adoption of this amendment, the minimum annual purchase quantities of the Original Minimum Purchase Customers will be reset to 80% of each of the Minimum Purchase Customer’s average purchases from the most recent four non-drought years and the amendment will establish a continuing, periodic review of the minimum annual purchase quantities on a 10-year schedule.

1.2. Rebound Year Minimum Annual Purchase Quantity
Existing Section 3.07.C of the 2021 WSA provides that Minimum Purchase Requirements will be waived during drought, other period of water shortage on the RWS, or if the Governor declares a state of emergency that impacts water supply use or deliveries from the RWS. Minimum Purchase Requirements are reinstated in the first year immediately following a drought. However, water use does not rebound to pre-drought levels for several years, depending on the level of conservation achieved.

The amendment provides a temporary, one-year reduction in the minimum annual purchase quantities equal to half of the demand reduction from pre- drought levels to allow for drought rebound. For example, if a Minimum Purchase Customer’s pre-drought use and minimum annual purchase quantity are 10 million gallons per day (MGD) and drought RWS purchases are 8 MGD, the Rebound Year minimum annual purchase quantity will be set at 9 MGD.

1.3. Collective Minimum Annual Purchase Quantities Considered Before Application of Imputed Sales
Existing Section 3.07 of the 2021 WSA provides that if a Minimum Purchase Customer does not meet its Minimum Purchase Requirement in a particular fiscal year, it must pay the SFPUC for the difference between its metered water purchases during the fiscal year and its minimum annual purchase quantity. This amendment provides that the collective purchases from Original Minimum Purchase Customers will be considered together before an individual Original Minimum Purchase Customer is required to pay the difference between its metered water purchases and its Minimum Purchase Requirement. If collective purchases are less than the sum of minimum annual purchase quantities, payments to the SFPUC for an Original Minimum Purchase Customer(s) who did not meet its Minimum Purchase Requirement will not be required. If collective purchases are more than the sum of minimum annual purchase quantities, payments to the SFPUC for an Original Minimum Purchase Customer(s) who did not meet its Minimum Purchase Requirement will be proportionate to its share of total under usage.

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2. Tier 1 Water Shortage Allocation Plan
The Tier 1 Water Shortage Allocation Plan (“Tier 1 Plan” included as Attachment H of the WSA) is the method and process for allocating water from the RWS between San Francisco retail customers and the Wholesale Customers collectively during system- wide shortages caused by drought of 20% or less. Section 3.11.C.3 of the WSA provides that the SFPUC will honor allocations of water among the Wholesale Customers (“Tier 2 Allocations”) provided by BAWSCA or if unanimously agreed to by all Wholesale Customers.

The Tier 1 and Tier 2 Plans were implemented for the first time during the 2021 to 2023 drought. During the 2014 to 2017 drought, the Tier 1 and Tier 2 Plans were superseded by state-wide mandates from the Governor. During Tier 2 Plan negotiations, BAWSCA, the SFPUC, and the Wholesale Customers agreed to update the Tier 1 Plan to add a new “Tier 1 Family Plan.”
When the SFPUC declares a shortage emergency, it determines whether voluntary or mandatory rationing is required. At the end of the 12-month drought period, each Wholesale Customer’s purchases from the RWS are compared to their annual drought allocation. Excess use charges are only applied during mandatory rationing periods.

The new Tier 1 Family Plan ensures that excess use charges are only applied when the collective Wholesale Customer usage exceeds the Tier 1 allocation. If this occurs, excess use charges will be proportionally applied to agencies that exceeded their individual Tier 2 Allocations.

For example, if the twenty-six Wholesale Customers collectively exceed the Tier 1 allocation by 2 MGD, and only two agencies exceed their Tier 2 Allocations by 3 MGD each, then these two agencies will share the excess use charges proportionally.

3. General Updates to the WSA
Sections 2.03, 3.09, 9.07, and Attachment A, Definitions of “Imputed Sales” and “Level of Service Goals and Objectives” have been updated with current cross references, dates and corrections.

B. Summary of Tier 2 Drought Response Implementation Plan The WSA authorizes the Wholesale Customers to adopt a methodology for allocating the water collectively available from the RWS among the twenty-six Wholesale Customers during system-wide shortages caused by drought (the Tier 2 Plan). San Francisco is not a party to the Tier 2 Plan. The existing Tier 2 Plan was adopted in 2011 and was originally set to expire in 2018. In 2018, the California State Legislature passed two bills to implement a long-term framework for water use efficiency, commonly referred to as, “Making Water Conservation a California Way of Life.” These bills were anticipated to impact urban water use, and the extent of those impacts to the Wholesale Customers was unknown at the time.

As such, the WMR instructed BAWSCA to hold off on initiating an update to the existing Tier 2 Plan. In 2018, and every year since, the BAWSCA Board of Directors (BAWSCA Board)

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has extended the term of the exiting Tier 2 Plan by one year. In 2024, the BAWSCA Board extended the term of the existing Tier 2 Plan through the end of 2025 and specified that the existing Tier 2 Plan will be superseded by an updated Tier 2 Plan once unanimously adopted by the twenty-six Wholesale Customers.

Since the existing Tier 2 Plan was adopted in 2011, conditions impacting water use have changed (e.g., water supply sources, water use trends, land use, and customer base).

During the 2021 to 2023 drought, the Tier 1 and Tier 2 Plans were implemented for the first time. At that time, it became clear that the existing Tier 2 Plan no longer operated as originally intended and that an update was necessary.

The updated Tier 2 Plan maintains many of the key elements of the existing Tier 2 Plan, such as a rolling base period that captures service area growth over time and inclusion of Individual Supply Guarantee (ISG), but it also provides necessary updates to ensure a minimum supply of RWS water for base/indoor use for the portion of each service area where RWS is delivered.

1. Tier 2 Plan Update Process
Between January 2022 and June 2024, BAWSCA facilitated negotiations between the Wholesale Customers through a series of meetings, workshops, and workgroups to update the Tier 2 Plan. The Wholesale Customers began by reviewing the prior Plan and other shortage allocation plans throughout the state, then discussed and agreed upon policy principles for a revised Tier 2 Plan. BAWSCA, with support from a technical consultant team, introduced potential elements of a formula to align with the agreed upon policy principles. In monthly workshops, the Wholesale Customers discussed these options and provided feedback on which elements should be included, along with suggested refinements. These workshops, and the discussions, suggestions, and comments expressed by the Wholesale Customers during this process, provided the primary forum through which the updated Tier 2 Plan was developed.

2. Tier 2 Plan Policy Principles
The Wholesale Customers collectively developed four policy principles to guide the development and performance of the updated Tier 2 Plan. These policy principles are outlined below.
Policy Principle #1 - Provide sufficient water for the basic health and safety needs of customers.
Policy Principle #2 - Minimize economic and other adverse impacts of water shortages on customers and the BAWSCA region.
Policy Principle #3 - Provide predictability of drought allocations through consistent and predetermined rules for calculation, while allowing for flexibility to respond to unforeseen circumstances.
Policy Principle #4 - Recognize benefits of, and avoid disincentives for, water use efficiency and development of alternative water supply projects.

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3. Tier 2 Plan Allocation Formula
The updated Tier 2 Plan establishes a sequential allocation formula to determine how the available water from the RWS will be allocated among the individual Wholesale Customers. The allocation formula can generally be described as follows:
The Minimum and Maximum Cutback establish the upper and lower bounds for each Wholesale Customer’s final allocation. The Minimum Cutback is equal to 1/3 of the Overall Average Wholesale Customer Reduction, but no less than 5%. The Maximum Cutback is equal to 1.5 times the Overall Average Wholesale Customer Reduction.
Each Wholesale Customer is allocated water on a residential per capita basis based on the State Indoor Water Use Efficiency Standard and the portion of each Wholesale Customer’s water demand met by the RWS. (SB 1157 [Hertzberg], signed into law in September 2022, established the standard for efficient indoor residential water use be 47 gallons per capita per day, lowering to 42 GPCD in 2030.)
Each Wholesale Customer is allocated water based on its estimated non-residential indoor use by applying a cutback factor equal to half of the Overall Average Wholesale Customer Reduction to each Wholesale Customer’s estimated non- residential indoor demand, also known as Base Period purchase, from the RWS. Each Wholesale Customer is allocated water based on its estimated seasonal purchases from the RWS.
Remaining water is allocated to bring each Wholesale Customer’s final allocation as close to its “Target Allocation” as possible, while ensuring that each Wholesale Customer’s final allocation is between the Minimum and Maximum Cutback bounds.

The Target Allocation is based on a weighted share of (1) the Wholesale Customer’s Base Period purchases from the RWS and (2) its ISG.

4. Tier 2 Plan Term
The term of the updated Tier 2 Plan is coordinated with the term of the WSA to avoid simultaneous renegotiation of these related agreements.

Impact to the City of San Bruno
Adoption of the proposed WSA Amendment will not alter San Bruno’s current obligations because the City is not among the four original Minimum Purchase Customers. However, by reducing regional strain on the San Francisco Regional Water System (RWS), where San Bruno receives approximately 50% of its supply from SFPUC sources, with the remainder from local wells, these changes contribute to greater system-wide drought resilience and reduce the risk of cascading cost burdens from unused purchase penalties.

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Approval of the updated Tier 2 Drought Response Implementation Plan will enhance San Bruno’s water security by providing a predictable, equitable allocation framework during drought, critical given that the City’s retail demand reached approximately 3.1 million gallons per day (MGD) in FY 2023-24. During multi-year dry periods, historical projections show demand reaching up to 4.78 MGD by 2040, while supply reliability under current system constraints could drop to as low as 55%, equivalent to about 2.1 MGD. The updated allocation formula, which factors in both per-capita indoor usage (which is aligned with state gallons per capita per day (GPCD) standards, and lowering to 42 GPCD by 2030), and base-period usage, plus the Individual Supply Guarantee (ISG) amount, ensures San Bruno receives allocations sufficient to meet essential indoor needs and avoids undue disproportionate cutbacks.

Moreover, unanimous adoption protects San Bruno’s input in decisions; without it, drought allocations could shift to BAWSCA or SFPUC discretion, possibly leading to less favorable outcomes for the City. Together, these actions strengthen the City’s water reliability, protect public health, and preserve equitable cost-sharing.

Summary of Data-Backe Impacts
Aspect Data / Insight
City’s FY 2023-24 demand ~3.1 MGD
Projected demand by 2040 ~4.78 MGD
Maximum dry-year supply availability As low as 55% (~2.1 MGD) Historical supply mix ~50% SFPUC RWS; ~50% local wells
State indoor-use standard 47 GPCD now; 42 GPCD by 2030 (SB 1157) FISCAL IMPACT:

There is no additional cost or change to the City’s current financial obligations by approving either the Water Supply Agreement (WSA) Amendment or the updated Tier 2 Drought Response Implementation Plan.

ENVIRONMENTAL IMPACT:

This action is not a "project" for the purposes of CEQA as it involves an administrative activity that does not result in a direct or indirect physical change to the environment (see 14 CCR Section 15378(b)(5)) and would not result in a direct or reasonably foreseeable indirect physical change in the environment (see 14 CCR Section 15060(c)(2)).

RECOMMENDATION:

Staff recommends the San Bruno City Council approve the following two Resolutions:

1. Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County

2. Updated Tier 2 Drought Response Implementation Plan

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ALTERNATIVES:

1. If the Water Supply Agreement amendment is not unanimously adopted by both the SFPUC and the Wholesale Customers (including the City of San Bruno), the amendments will not go into effect. Consequently, one or more Wholesale Customers with a minimum purchase requirement will receive a bill for unused water.

2. If the Tier 2 Drought Response Implementation Plan is not adopted unanimously by the Wholesale Customers (including the City of San Bruno), the BAWSCA Board of Directors may adopt a Plan. Should the Board not adopt Plan, the SFPUC will then have the discretion to determine shortage allocations during a drought.

ATTACHMENTS:

1. Resolution 1: Amendment to the Amended and Restated Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County
A. Summary of Amended Water Supply Agreement, with redline and clean excerpts showing changes

2. Resolution 2: Tier 2 Drought Response Implementation Plan Pursuant to Section 3.11.c of the Amended and Restated Water Supply Agreement
A. Summary of Tier 2 Drought Response Plan and Example Tier 2 Plan Excel-Based Model

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3 RESOLUTION NO. 2025 - ___

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

AMENDMENT TO THE AMENDED AND RESTATED WATER SUPPLY AGREEMENT

BETWEEN THE CITY AND COUNTY OF SAN FRANCISCO AND WHOLESALE CUSTOMERS

IN ALAMEDA COUNTY, SAN MATEO COUNTY, AND SANTA CLARA COUNTY WHEREAS, water supply agencies in Alameda, San Mateo, and Santa Clara Counties have purchased water from the City and County of San Francisco (San Francisco) for many years; and
WHEREAS, the San Francisco Public Utilities Commission (SFPUC) operates the Regional Water System, which delivers water to communities in Alameda, San Mateo, and Santa Clara Counties, as well as to customers within San Francisco (collectively, “the Parties”); and WHEREAS, the Parties entered into the “Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County and Alameda County” in 1984 (1984 Settlement Agreement and Master Water Sales Contract); and
WHEREAS, in April 2003, water supply agencies in Alameda, San Mateo and Santa Clara Counties (collectively referred to as the Wholesale Customers) established the Bay Area Water Supply and Conservation Agency (BAWSCA), as authorized by Water Code Sections 81300 et seq.; and
WHEREAS, upon expiration of the 1984 Settlement Agreement and Master Water Sales Contract, the Parties entered into the “Water Supply Agreement between San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County” (Water Supply Agreement or WSA) on July 1, 2009, authorized by SFPUC Resolution No. 09-0069, dated April 28, 2009; and
WHEREAS, in 2017, the Wholesale Customers directed BAWSCA to act as its authorized representative in discussions and negotiations with San Francisco to amend the Water Supply Agreement to address a number of substantive issues and these negotiations resulted in the Parties' adoption of the Amended and Restated Water Supply Agreement in 2018 authorized by SFPUC Resolution No. 18-0212, dated December 11, 2018; and WHEREAS, on March 12, 2019, the San Bruno City Council approved the Amended and Restated Water Supply Agreement (2018 WSA); and
WHEREAS, pursuant to WSA Section 3.07, four Wholesale Customers (Alameda County Water District and the Cities of Milpitas, Mountain View, and Sunnyvale, collectively, the “Original Minimum Purchase Customers”) may purchase water from sources other than the SFPUC, but they are each obligated to purchase a specific minimum annual quantity of water from the SFPUC, referred to as a “Minimum Purchase Requirement;” and WHEREAS, historically, if a Minimum Purchase Customer does not meet its Minimum Purchase Requirement in a particular fiscal year, it must pay the SFPUC for the difference between its metered water purchases during the fiscal year and its minimum annual purchase quantity set forth in WSA Attachment E; and
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ATTACHMENT 1
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3 WHEREAS, some Original Minimum Purchase Customers pay the SFPUC for water that is not delivered due to either insufficient potable demand within their service area or conservation efforts during drought rationing; and
WHEREAS, as part of the 2018 negotiations, the Wholesale Customers and the SFPUC resolved to work promptly to identify a resolution to this as part of a future contract amendment; and
WHEREAS, in 2019, the Wholesale Customers directed BAWSCA to draft a proposed amendment to the 2018 WSA to provide a procedure for expedited and permanent transfers of minimum annual purchase quantities that safeguards the financial and water supply interests of Wholesale Customers not participating in such transfers and these negotiations resulted in the Parties' adoption of the Amended and Restated Water Supply Agreement in 2021, authorized by SFPUC Resolution No. 21-009, dated January 26, 2021; and WHEREAS, on May 24, 2022, the San Bruno City Council approved the Amended and Restated Water Supply Agreement (2021 WSA); and
WHEREAS, the 2021 WSA provided a significant, but incomplete solution to address the Original Minimum Purchase Customer’s concerns with the minimum purchase quantities through a transfer process; and
WHEREAS, 2021 WSA Section 3.11.C. provides that the SFPUC may reduce the amount of water available to the Wholesale Customers in response to a drought; and WHEREAS, 2021 WSA Section 3.11.C. provides that the Tier 1 Shortage Plan (Attachment H to the WSA) will be used, during system-wide shortages of 20% or less, to allocate water from the Regional Water System between Retail and Wholesale Customers; and WHEREAS, 2021 WSA Section 3.11.C. further provides that the SFPUC will honor allocations of water among the Wholesale Customers (Tier 2 Allocations) unanimously agreed to by all Wholesale Customers or provided by BAWSCA; and
WHEREAS, in 2021, the SFPUC and BAWSCA implemented the Tier 1 and Tier 2 Plans for the first time; and
WHEREAS, throughout 2022 and 2024, the Wholesale Customers convened at least once per month, most often for half-day in-person workshops, to negotiate an update to the method for sharing water made available from the SFPUC during shortages caused by drought (Tier 2 Plan); and
WHEREAS, each Wholesale Customer appointed a lead negotiator to represent the interests of its agency in the negotiations; and
WHEREAS, during the Tier 2 Plan negotiations, the Original Minimum Purchase Customers renewed discussions among the Wholesale Customers to identify a comprehensive and final solution to concerns about the minimum purchase quantities; and WHEREAS, during the Tier 2 Plan negotiations, the Wholesale Customers identified, and the SFPUC agreed to, changes to the Tier 1 Plan that would facilitate agreement on the updated Tier 2 Plan; and

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3 2
3 WHEREAS, in June 2023, following several years of discussions regarding the Minimum Purchase Requirements, the SFPUC proposed amending the 2021 WSA to reset the existing minimum annual purchase quantities to align with current water consumption trends, while protecting investment in the RWS; and
WHEREAS, in 2024, the SFPUC, the Original Minimum Purchase Customers, and BAWSCA held multiple meetings to identify amendments that would address challenges related to the Minimum Purchase Requirements; and
WHEREAS, once the SFPUC and the Original Minimum Purchase Customers discussed amendments to the Minimum Purchase Requirements, the Original Minimum Purchase Customers presented proposals to the broader Wholesale Customer group to secure their support; and
WHEREAS, in 2024, the Wholesale Customers came to a final agreement on a package that includes an updated Tier 2 Plan, amendments to the minimum purchase quantity requirements, and amendments to the Tier 1 Plan; and
WHEREAS, with its Alternative Water Supply Program, the SFPUC is in the early stages of planning for projects to support the Wholesale and Retail Customers' ability to respond to climate change and address future water supply challenges and vulnerabilities, such as regulatory changes, earthquakes, disasters, emergencies, and increases in population and employment; and
WHEREAS, the Original Minimum Purchase Customers are particularly well-suited to develop local, drought resilient supplies, which improve the reliability of the San Francisco Regional Water System (RWS) for all users; and
WHEREAS, under 2021 WSA Section 3.06.D, the Parties agree that they will diligently apply their best efforts to use both surface water and groundwater sources located within their respective service areas and available recycled water to the maximum feasible extent, taking into account the environmental impacts, the public health effects, and the effects on supply reliability of such use, as well as the cost of developing such sources; and WHEREAS, each Wholesale Customer recognizes the importance of local water supplies in improving regional water supply reliability and commits to develop and use available local water supplies within their service areas, consistent with Section 3.06.D of the WSA; and WHEREAS, the City of Mountain View approved a Recycled Water Feasibility Study Update Draft Report on March 22, 2022 with seven staff recommendations, including: (1) working with the City of Palo Alto and the Santa Clara Valley Water District on the first phase of an advanced water purification system to improve recycled water quality, (2) planning and siting a recycled water storage reservoir in the City of Mountain View’s North Bayshore Area to improve system performance and reliability, and (3) building-out the recycled water distribution system to serve all of North Bayshore and a portion of NASA Ames; and WHEREAS, the City of Sunnyvale approved an updated Recycled Water Master Plan on September 24, 2024, and directed staff to look into expanding the recycled water system, which currently includes 22 miles of recycled water pipelines, two recycled water pump stations, and a recycled water storage tank with a 2.5-million-gallon capacity; and

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3 WHEREAS, the City of Milpitas continues to promote the use of recycled water to existing and new customers along the recycled water pipeline within the city, and has committed to developing local groundwater supplies to help meet projected long term water demand; and WHEREAS, since 1995, the Alameda County Water District has invested over $300 million in water supply reliability initiatives to enhance local water supplies and reduce its dependence on imported supplies, including water conservation, conjunctive use groundwater management, brackish groundwater desalination, and groundwater banking; and WHEREAS, as of January 2025, the SFPUC has budgeted $298.3 million over the next ten years to fund water supply projects; and
WHEREAS, the Parties now desire to approve an amendment to the 2021 WSA to reduce the minimum annual purchase quantities to 80% of average purchases from the most recent four (4) non-drought years and establish a continuing, periodic review of the minimum annual purchase quantities on a 10-year schedule; and
WHEREAS, the amendment will also establish a Rebound Year minimum annual purchase quantity calculation for the first year following a waiver of the Minimum Purchase Requirements; and
WHEREAS, the amendment further provides that Imputed Sales will not apply to an Original Minimum Purchase Customer that does not meet its individual Minimum Purchase Requirements if the collective SFPUC purchases from all Original Minimum Purchase Customers are equal to or greater than the total collective minimum annual purchase quantity; and WHEREAS, the Parties also desire to adopt an amendment to the Tier 1 Plan to provide that excess use charges will not apply to Wholesale Customers that exceed their individual annual shortage allocation if the Wholesale Customers’ collective SFPUC purchases are less than the total Tier 1 allocation; and
WHEREAS, the amendment further provides that if the collective Wholesale Customers’ SFPUC purchases exceed total Tier 1 allocation, excess use charges will be applied to each Wholesale Customer that exceeded its individual annual allocation, proportional to the collective Wholesale Customer's overuse of the total Tier 1 allocation; and WHEREAS, the Parties also desire to adopt an amendment to the 2021 WSA to include the following substantive modifications:
a) update references in Section 2.03.C regarding BAWSCA’s authority to amend attachments;
b) extend the timing of the completion of the WSIP to reflect the currently adopted program completion date (Section 3.09);
c) correct a reference to a SFPUC resolution number in Section 9.07; d) update “Imputed Sales” definition in Attachment A to reference Attachment E;

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3 e) update “Level of Service Goals and Objectives” definition in Attachment A to reflect updated and expanded Level of Service Goals and Objectives adopted by the SFPUC in November 2023; and
WHEREAS, the SFPUC approved these amendments and authorized the execution of a 2025 Amended and Restated Water Supply Agreement incorporating these amendments on May 13, 2025; and
WHEREAS, the amendment considered now is not a "project" for the purposes of CEQA as it involves an administrative activity that does not result in a direct change to the environment (see 14 CCR Section 15378(b)(5)), and would not result in a direct or reasonably foreseeable indirect physical change in the environment (see 14 CCR Section 15060(c)(2)); and NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council finds as follows:

1. The City Council approves the revisions included in the attached Exhibit A, approves those revisions to be incorporated into a revised WSA titled the "2025 Amended and Restated Water Supply Agreement Between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County" dated as of 2025 (2025 Amended and Restated Water Supply Agreement).

2. The City Manager is authorized and directed to execute the 2025 Amended and Restated Water Supply Agreement, when final execution copies are prepared and distributed by BAWSCA.

Exhibit A: Redline and clean excerpts showing changes to Sections 2.03, 3.07, 3.09, 9.07, Attachment A, Attachment E and Attachment H of the Amended and Restated Water Supply Agreement
---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on August 26, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

_________________________________
Lupita Huerta, City Clerk

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21706153.3

3.07. Restrictions on Purchases of Water from Others; Minimum Annual Purchases A. Each Wholesale Customer (except for Alameda County Water District and the cities of Milpitas, Mountain View and Sunnyvale) agrees that it will not contract for, purchase or receive, with or without compensation, directly or indirectly, from any person, corporation, governmental agency or other entity, any water for delivery or use within its service area without the prior written consent of San Francisco.

B. The prohibition in subsection A does not apply to:

1. recycled water;

2. water necessary on an emergency and temporary basis, provided that the Wholesale Customer promptly gives San Francisco notice of the nature of the emergency, the amount of water that has been or is to be purchased, and the expected duration of the emergency; or

3. water in excess of a Wholesale Customer’s Individual Supply Guarantee.

C. Minimum Annual Purchase Quantities. Alameda County Water District and the cities of Milpitas, Mountain View and Sunnyvale may purchase water from sources other than San Francisco, provided that San Francisco shall require that each purchase a minimum annual quantity of water from San Francisco. These Minimum Annual Purchase Quantities are set out in Attachment E and shall also be included in the Individual Water Sales Contracts between San Francisco and each of these four Wholesale Customers (collectively referred to as the Original Minimum Purchase Customers). Pursuant to Section 3.04, certain Wholesale Customers may also be required to purchase Temporary Modified Minimum Annual Purchase Quantities, set out in Attachment E-1, from San Francisco. Attachment E will be updated pursuant to Section 3.04 to reflect any reduction in existing Minimum Annual Purchase Quantities and any addition of new Minimum Annual Purchase Quantities when Temporary Modified Minimum Annual Purchase Quantities expire and are removed from Attachment E-1; Individual Water Sales Contracts between San Francisco and any Wholesale Customers who are participants in a transfer under Section 3.04 will similarly be amended, as necessary.

1. Annual Notice. After the end of each fiscal year, the SFPUC will send a written notice to each Wholesale Customer that is subject to the minimum annual purchase requirements of this section with a Minimum Annual Purchase Quantity, or a Temporary Modified Minimum Annual Purchase Quantity with a copy to BAWSCA. The notice will include: (1 91 of 215
ATTACHMENT 1, Exhibit A
2 Redline Comparing 2021 Amended and Restated Water Supply Agreement and 202 5 Proposed
Amendments: Section 3.07
21706153.3
(a) the quantity of water delivered to the
each of those Wholesale CustomerCustomers
individually and all of the Original Minimum Purchase Customers collectively during the previous fiscal year; (
2 (b) each Wholesale Customer’s individual Minimum Annual Purchase Quantity or Temporary Modified Minimum Annual Purchase Quantity (as adjusted for a Rebound Year, if applicable, under Section 3.07.C.2);
) whether or not the Wholesale Customer met its minimum annual purchase requirement under this section; (3
(c) whether or not each Wholesale Customer met its individual Minimum Annual Purchase Quantity or Temporary Modified Minimum Annual Purchase Quantity (as adjusted for a Rebound Year, if applicable);
(d) whether or not the Original Minimum Purchase Customers collectively purchased a volume of water from San Francisco that is equal to or greater than the sum of their four Minimum Annual Purchase Quantities (as adjusted for a Rebound Year, if applicable); (e) any Imputed Sales charged to the Wholesale Customer;Customers; and (4 (f) the status of any Temporary Modified Minimum Annual Purchase QuantityQuantities of the Wholesale Customer, if applicable. Customers.

C.2. Waiver and Rebound Year. The minimum annual purchase requirements set out in Attachments E and E-1 will be waived during a Drought or other period of water shortage if the water San Francisco makes available to these Wholesale Customers is less than itstheir Minimum Annual Purchase QuantityQuantities or Temporary Modified Minimum Annual Purchase Quantities, and may be waived during a state of emergency declared by the Governor of California that impacts water supply use or deliveries from the Regional Water System. Once the waiver is no longer in effect, each of the minimum annual purchase requirements set out in Attachments E and E-1 shall be temporarily set, for one full fiscal year (referred to as the Rebound Year), to the midpoint between (1) the Wholesale Customer’s actual San Francisco purchases for the final year in which the waiver was in effect, up to a maximum of the Customer’s Minimum Annual Purchase Quantity or Temporary Modified Minimum Annual Purchase Quantity, and (2) the Wholesale Customer’s Minimum Annual Purchase Quantity or Temporary Modified Minimum Annual Purchase Quantity set out in Attachment E or Attachment E-1, as applicable. Any fiscal year in which a Wholesale Customer meets its Rebound Year-adjusted Temporary Modified Minimum

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Amendments: Section 3.07

21706153.3
Annual Purchase Quantity, but not its standard T
emporary Modified Minimum Annual Purchase
Quantity, will not count as a fiscal year in which the Wholesale Customer has met or exceeded its Temporary Modified Minimum Purchase Quantity for the purposes of Section 3.04.C(4)(a).

D. Minimum Annual Purchase Quantity Reset. As shown on Attachment E, in Fiscal Year 2025-26, the Parties reset the then-existing Minimum Annual Purchase Quantities of the Original Minimum Purchase Customers to 80% of the average San Francisco purchases of each Customer over the four most recent non-drought years preceding Fiscal Year 2024-25, effective for Fiscal Year 2024-25. If the Parties extend the Term of this Agreement beyond June 30, 2034 pursuant to Section 2.02, the Parties will review the Minimum Annual Purchase Quantities of the Original Minimum Purchase Customers again ten years after the Fiscal Year 2025-26 reset. If the Original Minimum Purchase Customers, or San Francisco, want to propose a reset of the Minimum Annual Purchase Quantities for Fiscal Year 2035-36, they will provide written notice on or before June 30, 2034. The Parties will meet and confer promptly to evaluate written reset proposals. By November 30, 2035, if the Parties have come to an agreement, the SFPUC will calculate the revised Minimum Annual Purchase Quantities based on the agreed upon methodology and provide written notice to the Original Minimum Purchase Customers and BAWSCA. The Original Minimum Purchase Customers will have at least 15 business days to review and meet and confer with the SFPUC with any questions or concerns before the revised quantities are finalized. If the Parties are unable to come to an agreement, the then-existing Minimum Annual Purchase Quantities will remain unchanged. Any changes to the Minimum Annual Purchase Quantities under this Section

3.07.D will be reflected in a revised Attachment E approved with the written concurrence of San Francisco and BAWSCA in accordance with Section 2.03.C. The Parties intend to include a continuing, periodic review of the Minimum Annual Purchase Quantities on a ten-year schedule in the successor to this Agreement.

E. Collective Minimum Annual Purchase Quantities Considered Before Application of Imputed Sales. Imputed Sales will not apply to any of the individual Original Minimum Purchase Customers in a particular fiscal year if those Customers have collectively purchased a volume of water from San Francisco that is equal to or greater than the sum of their four Minimum Annual Purchase Quantities shown in Attachment E (or adjusted for a Rebound Year pursuant to Section

3.07.C.2, if applicable). If the Original Minimum Purchase Customers do not collectively purchase that sum, any Original Minimum Purchase Customer that has not met its standard or Rebound Year-adjusted Minimum Annual Purchase Quantity will be responsible for Imputed Sales proportional to its share of the difference between that sum and the Original Minimum Purchase Customers’ total purchases from San Francisco. Examples of this calculation are contained in

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Amendments: Section 3.07
21706153.3
Attachment E-3.

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21702335.2
Redline Comparing 2021 Amended and Res tated Water Supply Agreement and 2025 Proposed Amendments: Sections 2.03, 3.09, and 9.07, and Attachment A Definitions

2.03. Amendments .

C. Amendments to Attachments. The following attachments may be amended with the written concurrence of San Francisco and BAWSCA on behalf of the Wholesale Customers:

Attachment Name
C Individual Supply Guarantees (amendments reflecting Section

3.04 transfers only)
E Minimum Annual Purchase Quantities (amendments reflecting Section 3.04 transfers and Section 3.07 resets only)
E-1 Temporary Modified Minimum Annual Purchase Quantities G Water Quality Notification and Communications Plan
(as may be amended)
J Water Use Measurement and Tabulation
L-1 Identification of WSIP Projects as Regional/Retail
N-1 Balancing Account/Rate Setting Calculation Table
N-2 Wholesale Revenue Requirement Schedules
N-3 Schedule of Projected Water Sales, Wholesale Revenue Requirement and Wholesale Rates
P Management Representation Letter
R Classification of Existing System Assets (subject to Section

5.11)
Amendments to these attachments shall be approved on behalf of San Francisco by the Commission and on behalf of BAWSCA by its Board of Directors, unless the Commission by resolution delegates such authority to the General Manager of the SFPUC or the Board of Directors by resolution delegates such authority to the General Manager/CEO of BAWSCA.

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21702335.2

3.09. Completion of WSIP
San Francisco will complete construction of the
physical facilities in the WSIP by
DecemberJune 30, 20212032. The SFPUC agrees to provide for full public review and comment by local and state interests of any proposed changes that delay previously adopted project completion dates or that delete projects. The SFPUC shall meet and consult with BAWSCA before proposing to the Commission any changes in the scope of WSIP projects which reduce their capacity or ability to achieve adopted Level of Service Goals and Objectives.

The SFPUC retains discretion to determine whether to approve the physical facilities in the WSIP until after it completes the CEQA process as set forth in Section 4.07.

9.07. City of Brisbane, Guadalupe Valley Municipal Improvement District, Town of Hillsborough
A. The parties acknowledge that San Francisco has heretofore provided certain quantities of water to the City of Brisbane (“Brisbane”), Guadalupe Valley Municipal Improvement District (“Guadalupe”) and the Town of Hillsborough (“Hillsborough”) at specified rates or without charge pursuant to obligations arising out of agreements between the predecessors of San Francisco and these parties, which agreements are referred to in judicial orders, resolutions of the SFPUC and/or the 1960 contracts between San Francisco and Brisbane, Guadalupe and Hillsborough. The parties intend to continue those arrangements and accordingly agree as follows:

1. Nothing in this Agreement is intended to alter, amend or modify the terms of SFPUC Resolution No. 74-06530053 or the indenture of July 18, 1908 between the Guadalupe Development Company and the Spring Valley Water Company.

2. Nothing in this Agreement is intended to alter, amend or modify the Findings of Fact and Conclusions of Law and Judgment dated May 25, 1961 in that certain action entitled City and County of San Francisco v. Town of Hillsborough in the Superior Court of the State of California in and for the County of Marin, No. 23282, as modified by the Satisfaction of Judgment filed October 23, 1961 and the Compromise and Release between Hillsborough and San Francisco dated August 22, 1961. The rights and obligations of Hillsborough under these documents shall continue as therein set forth.

3. Nothing in this Agreement is intended to affect or prejudice any claims, rights or remedies of Guadalupe or of Crocker Estate Company, a corporation, or of Crocker Redline Comparing 2021 Amended and Restated Water Supply Agreement and 2025 Proposed Amendments: Sections 2.03, 3.09, and 9.07, and Attachment A Definitions

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21702335.2
Land Company, a corporation, or of
San Francisco, or of their successors and assigns,
respectively, with respect to or arising out of that certain deed dated May 22, 1884, from Charles Crocker to Spring Valley Water Works, a corporation, recorded on May 24, 1884, in Book 37 of Deeds at page 356, Records of San Mateo County, California, as amended by that certain Deed of Exchange of Easements in Real Property and Agreement for Trade in Connection Therewith, dated July 29, 1954, recorded on August 4, 1954, in Book 2628, at page 298, Official Records of said San Mateo County, or with respect to or arising out of that certain action involving the validity or enforceability of certain provisions of said deed entitled City and County of San Francisco v. Crocker Estate Company, in the Superior Court of the State of California in and for the County of Marin, No. 23281.

Attachment A - Definitions
“Imputed Sales” apply when a Wholesale Customer does not meet the minimum ann ual
purchase requirements of Section 3.07.C, as shown on Attachment E and Attachment E-1, except in fiscal years in which a waiver of these requirements is in effect. Imputed Sales are calculated as the difference between (1) a Wholesale Customer’s metered water purchases during a fiscal year, from July 1 to June 30, and (2) the larger of (a) or (b) as follows: (a) the Wholesale Customer’s Minimum Annual Purchase Quantity, as specified in Attachment E and may be adjusted pursuant to Section 3.07.C.2, or (b) the Wholesale Customer’s Temporary Modified Minimum Annual Purchase Quantity, as specified in Attachment E-1. and may be adjusted pursuant to Section 3.07.C.2. If a Wholesale Customer has more than one Temporary Modified Minimum Annual Purchase Quantity, the largest quantity is used for calculating Imputed Sales. Imputed Sales are considered wholesale water usage for the purposes of calculating the Proportional Annual Use, and any fees charged for Imputed Sales are considered wholesale revenues.
“Level of Service Goals and Objectives” refers to the “Phased WSIP Goals and Objectives” adopted by the Commission in Resolution No. 08-0200 dated October 30, 2008 as part of the approval of the WSIP, as updated and expanded by the "2023 Amended and Updated Water Enterprise Level of Service Goals and Objectives," adopted by the Commission in Resolution No. 23-0210 dated November 28, 2023, and any amendments that may be adopted by the Commission.

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21715759.2

ATTACHMENT E

MINIMUM ANNUAL PURCHASE QUANTITIES
(Section 3.07.C)

AGENCY MINIMUM ANNUAL PURCHASE QUANTITY
(IN MGD)1
Alameda County Water District 7.6486.682
City of Milpitas 5.3414.371
City of Mountain View 8.9306.047
City of Sunnyvale 8.9307.412
1 In Fiscal Year (FY) 2025-26, the then-existing Minimum Annual Purchase Quantities for Alameda County Water District and the Cities of Milpitas, Mountain View, and Sunnyvale were reset to 80% of each of those four customers’ average San Francisco purchases over the four non-drought years preceding FY 2024-25 (FY 2017-18, FY 2018-19, FY 2019-20, and FY 2020-21), effective FY 2024-25. Prior to this reset, from the effective date of this Agreement (July 1, 2009) through FY 2023-24, those four customers had the following Minimum Annual Purchase Quantities:

1. Alameda County Water District: 7.648 MGD

2. City of Milpitas: 5.341 MGD

3. City of Mountai n View: 8.930 MGD

4. City of Sunnyvale: 8.930 MGD
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ATTACHMENT H

WATER S

HORTAGE ALLOCATION PLAN
This Interim Water Shortage Allocation Plan (“Plan"), also known as the Tier 1 Shortage Plan, describes the method for allocating water between the San Francisco Public Utilities Commission (“SFPUC"), on the one hand, and the Wholesale Customers collectively, on the other, during shortages caused by drought. The Plan also implements a method for allocating water among the individual Wholesale Customers, known as the Tier 2 Drought Response Implementation Plan (“Tier 2 Plan”), which has separately been adopted by the Wholesale Customers and does not include the SFPUC. The Plan includes provisions for transfers, banking, and excess use charges. The Plan applies only when the SFPUC determines that a system-wide water shortage due to drought exists, and all references to “shortages” and “water shortages” are to be so understood. This Plan was initially adopted pursuant to Section 7.03(a) of the 1984 Settlement Agreement and Master Water Sales Contract and has been incorporated and updated to correspond to the terminology used in the June 2009 Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County (“Agreement”), as amended and restated from time to time.

SECTION 1. SHORTAGE CONDITIONS

1.1. Projected Available SFPUC Water Supply. The SFPUC shall make an annual determination as to whether or not a shortage condition exists. The determination of projected available water supply shall consider, among other things, stored water, projected runoff, water acquired by the SFPUC from non- SFPUC sources, inactive storage, reservoir losses, allowance for carryover storage, and water bank balances, if any, described in Section 3.

1.2 Projected SFPUC Customer Purchases. The SFPUC will utilize purchase data, including volumes of water purchased by the Wholesale Customers and by Retail Customers (as those terms are used in the Agreement) in the year immediately prior to the drought, along with other available relevant information, as a basis for determining projected system-wide water purchases from the SFPUC for the upcoming year.Supply Year (defined as the period from July 1 through June 30).

1.3. Shortage Conditions. The SFPUC will compare the projected available water supply (Section 1.1) with projected system-wide water purchases (Section 1.2). A shortage condition exists if the SFPUC determines that the projected available water supply is less than projected system-wide water purchases in the upcoming Supply Year (defined as the period from July 1 through June 30).. When a shortage condition exists, SFPUC will determine whether voluntary or mandatory actions will be required to reduce purchases of SFPUC water to required levels.

1.3.1 Voluntary Response. If the SFPUC determines that voluntary actions will be sufficient to accomplish the necessary reduction in water use throughout its service area, the SFPUC and the Wholesale Customers will make good faith efforts to reduce their water purchases to stay within their annual shortageTier 1 and Tier 2 allocations as applicable (see Section 2 of this Attachment H) and associated monthly water use budgets. The SFPUC will not impose excess use charges during periods of voluntary rationing, but may suspend the prospective accumulation of water bank credits, or impose a ceiling on further accumulation of bank credits, consistent with Section 3.2.1 of this Plan.

1.3.2 Mandatory Response. If the SFPUC determines that mandatory actions will be required to accomplish the necessary reduction in water use in the SFPUC service area, the SFPUC may implement excess use charges as set forth in Section 4 of this Plan.

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1.4. Period of Shortage. A shortage period commences when the SFPUC determines that a water shortage exists, as set forth in a declaration of water shortage emergency issued by the SFPUC pursuant to California Water Code Sections 350 et seq. Termination of the water shortage emergency will be declared by resolution of the SFPUC.

SECTION 2. SHORTAGE ALLOCATIONS

2.1. Annual Tier 1 Allocations between the SFPUC and the Wholesale Customers. The annual water supply available during shortages will be allocated between the SFPUC and the collective Wholesale Customers as follows:

Level of System Wide
Reduction in Water Use
Required

Share of Available Water
SFPUC Share Wholesale Customers Share
5% or less
6%
through 10%
11% through 15%
16% through 20%

35.5%

36.0%

37.0%

37.5%

64.5%

64.0%

63.0%

62.5%
This Plan refers to the SFPUC’s and Wholesale Customers’ respective shares of available water so established as the SFPUC’s and Wholesale Customers’ Tier 1 allocations. The water allocated to the SFPUC shall correspond to the total allocation for all Retail Customers. In the event that the SFPUC share of the available water supply in the above table results in Retail Customers having a positive allocation (i.e., a supply of additional water rather than a required percentage reduction in water use), the SFPUC’s percentage share of the available water supply in the table shall be reduced to eliminate any positive allocation to Retail Customers, with a corresponding increase in the percentage share of the available water supply allocated to the Wholesale Customers. For any level of required reduction in system-wide water use during shortages, the SFPUC shall require Retail Customers to conserve a minimum of 5%, with any resulting reallocated supply credited to storage for inclusion in calculation of projected available water SFPUC water supply in a subsequent year (Section 1.1).

The parties agree to reevaluate the percentages of the available water supply allocated to Retail and Wholesale Customers by May 1, 2028.

2.2 Annual Tier 2 Allocations among the Wholesale Customers. The annual water supply allocated to the Wholesale Customers collectively during system wide shortages of 20 percent or less (i.e., the Wholesale Customers’ Tier 1 allocation) will be apportioned among them based on a methodology, known as the Tier 2 Plan, that has been separately adopted by all of the Wholesale Customers, and not the SFPUC, as described in Section 3.11(C) of the Agreement. In any year for which the methodology must be applied, the Bay Area Water Supply and Conservation Agency (“BAWSCA”) will calculate each Wholesale Customer’s individual percentage share of the amount of water allocated to the Wholesale Customers collectively pursuant to Section 2.1. Following the declaration or reconfirmation of a water shortage emergency by the SFPUC, BAWSCA will deliver to the SFPUC General Manager a list, signed by the President of BAWSCA’s Board of Directors and its General Manager, showing each Wholesale Customer together with its percentage share and stating that the list has been prepared in accordance with the methodology adopted by the Wholesale Customers. The SFPUC shall allocate water to each Wholesale Customer, as specified in the list. The shortage allocations so established (known as Tier 2

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allocations) may be transferred as provided in Section 2.5 of this Plan. If BAWSCA or all Wholesale Customers do not provide the SFPUC with individual allocations, the SFPUC may make a final allocation decision after first meeting and discussing allocations with BAWSCA and the Wholesale Customers.

The Tier 2 Plan methodology adopted by the Wholesale Customers utilizes the rolling average of each individual Wholesale Customer’s purchases from the SFPUC during the three immediately preceding Supply Years. The SFPUC agrees to provide BAWSCA by November 1 of each year a list showing the amount of water purchased by each Wholesale Customer during the immediately preceding Supply Year.

The list will be prepared using Customer Service Bureau report MGT440 (or comparable official record in use at the time), adjusted as required for any reporting errors or omissions, and will be transmitted by the SFPUC General Manager or his designee.

2.3. Limited Applicability of Plan to System Wide Shortages Greater Than Twenty Percent. The Tier 1 allocations of water between the SFPUC and the Wholesale Customers collectively, provided for in Section 2.1, apply only to shortages of 20 percent or less. The SFPUC and Wholesale Customers recognize the possibility of a drought occurring which could create system-wide shortages greater than 20 percent despite actions taken by the SFPUC aimed at reducing the probability and severity of water shortages in the SFPUC service area. If the SFPUC determines that a system wide water shortage greater than 20 percent exists, the SFPUC and the Wholesale Customers agree to meet within 10 days and discuss whether a change is required to the allocation set forth in Section 2.1 in order to mitigate undue hardships that might otherwise be experienced by individual Wholesale Customers or Retail Customers. Following these discussions, the Tier 1 water allocations set forth in Section 2.1 of this Plan, or a modified version thereof, may be adopted by mutual written consent of the SFPUC and the Wholesale Customers. If the SFPUC and Wholesale Customers meet and cannot agree on an appropriate Tier 1 allocation within 30 days of the SFPUC’s determination of water shortage greater than 20 percent, then (1) the provisions of Section 3.11(C) of the Agreement will apply, unless (2) all of the Wholesale Customers direct in writing that a Tier 2 allocation methodology agreed to by them be used to apportion the water to be made available to the Wholesale Customers collectively, in lieu of the provisions of Section 3.11(C).

The provisions of this Plan relating to transfers (in Section 2.5), banking (in Section 3), and excess use charges (in Section 4) shall continue to apply during system-wide shortages greater than 20 percent.

2.4. Monthly Water Budgets. Within 10 days after adopting a declaration of water shortage emergency, the SFPUC will determine the amount of Tier 1 water allocated to the Wholesale Customers collectively pursuant to Section 2.1. The SFPUC General Manager, using the Tier 2 allocation percentages shown on the list delivered by BAWSCA pursuant to Section 2.2, will calculate each Wholesale Customer’s individual annual Tier 2 allocation. The SFPUC General Manager, or his designee, will then provide each Wholesale Customer with a proposed schedule of monthly water budgets based on the pattern of monthly water purchases during the Supply Year immediately preceding the declaration of shortage (the “Default Schedule”). Each Wholesale Customer may, within two weeks of receiving its Default Schedule, provide the SFPUC with an alternative monthly water budget that reschedules its annual Tier 2 shortage allocation over the course of the succeeding Supply Year. If a Wholesale Customer does not deliver an alternative monthly water budget to the SFPUC within two weeks of its receipt of the Default Schedule, then its monthly budget for the ensuing Supply Year shall be the Default Schedule proposed by the SFPUC.

Monthly Wholesale Customer water budgets will be derived from annual Tier 2 allocations for purposes of accounting for excess use. Monthly Wholesale Customer water budgets shall be adjusted during the year to account for transfers of shortage allocation under Section 2.5 and transfers of banked water under Section 3.4.

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2.5. Transfers of Shortage Allocations. Voluntary transfers of shortage allocations between the SFPUC and any Wholesale Customers, and between any Wholesale Customers, will be permitted using the same procedure as that for transfers of banked water set forth in Section 3.4. The SFPUC and BAWSCA shall be notified of each transfer. Transfers of shortage allocations shall be deemed to be an emergency transfer and shall become effective on the third business day after notice of the transfer has been delivered to the SFPUC. Transfers of shortage allocations shall be in compliance with Section 3.05 of the Agreement. The transferring parties will meet with the SFPUC, if requested, to discuss any effect the transfer may have on its operations.

SECTION 3. SHORTAGE WATER BANKING

3.1. Water Bank Accounts. The SFPUC shall create a water bank account for itself and each Wholesale Customer during shortages in conjunction with its resale customer billing process. Bank accounts will account for amounts of water that are either saved or used in excess of the shortage allocation for each agency; the accounts are not used for tracking billings and payments. When a shortage period is in effect (as defined in Section 1.4), the following provisions for bank credits, debits, and transfers shall be in force. A statement of bank balance for each Wholesale Customer will be included with the SFPUC’s monthly water bills.

3.2. Bank Account Credits. Each month, monthly purchases will be compared to the monthly budget for that month. Any unused shortage allocation by an agency will be credited to that agency’s water bank account. Credits will accumulate during the entire shortage period, subject to potential restrictions imposed pursuant to Section 3.2.1. Credits remaining at the end of the shortage period will be zeroed out; no financial or other credit shall be granted for banked water.

3.2.1. Maximum Balances. The SFPUC may suspend the prospective accumulation of credits in all accounts. Alternatively, the SFPUC may impose a ceiling on further accumulation of credits in water bank balances based on a uniform ratio of the bank balance to the annual water allocation. In making a decision to suspend the prospective accumulation of water bank credits, the SFPUC shall consider the available water supply as set forth in Section 1.1 of this Plan and other reasonable, relevant factors.

3.3. Account Debits. Each month, monthly purchases will be compared to the budget for that month.

Purchases in excess of monthly budgets will be debited against an agency’s water bank account. Bank debits remaining at the end of the fiscal year will be subject to excess use charges (see Section 4).

3.4. Transfers of Banked Water. In addition to the transfers of shortage allocations provided for in Section 2.5, voluntary transfers of banked water will also be permitted between the SFPUC and any Wholesale Customer, and among the Wholesale Customers. The volume of transferred water will be credited to the transferee’s water bank account and debited against the transferor’s water bank account.

The transferring parties must notify the SFPUC and BAWSCA of each transfer in writing (so that adjustments can be made to bank accounts), and will meet with the SFPUC, if requested, to discuss any affect the transfer may have on SFPUC operations. Transfers of banked water shall be deemed to be an emergency transfer and shall become effective on the third business day after notice of the transfer has been delivered to the SFPUC. If the SFPUC incurs extraordinary costs in implementing transfers, it will give written notice to the transferring parties within ten (10) business days after receipt of notice of the transfer. Extraordinary costs means additional costs directly attributable to accommodating transfers and which are not incurred in non-drought years nor simply as a result of the shortage condition itself.

Extraordinary costs shall be calculated in accordance with the procedures in the Agreement and shall be subject to the disclosure and auditing requirements in the Agreement. In the case of transfers between Wholesale Customers, such extraordinary costs
shall be considered to be expenses chargeable solely to individual Wholesale Customers and shall be borne equally by the parties to the transfer. In the case of

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transfers between the SFPUC and a Wholesale Customer, the SFPUC’s share of any extraordinary transfer costs shall not be added to the Wholesale Revenue Requirement.

3.4.1. Transfer Limitations. The agency transferring banked water will be allowed to transfer no more than the accumulated balance in its bank. Transfers of estimated prospective banked credits and the “overdrafting” of accounts shall not be permitted. The price of transfer water originally derived from the SFPUC system is to be determined by the transferring parties and is not specified herein. Transfers of banked water shall be in compliance with Section 3.05 of the Agreement.

SECTION 4. WHOLESALE EXCESS USE CHARGES

4.1. Amount of Excess Use Charges. Monthly excess use charges shall be determined by the SFPUC at the time of the declared water shortage consistent with the calendar in Section 6 and in accordance with Section 6.03 of the Agreement. The excess use charges will be in the form of multipliers applied to the rate in effect at the time the excess use occurs. The same excess use charge multipliers shall apply to the Wholesale Customers and all Retail Customers. The excess use charge multipliers apply only to the charges for water delivered at the rate in effect at the time the excess use occurred.

4.2 Monitoring Suburban Water Use. During periods of voluntary rationing, water usage greater than a customer’s allocation (as determined in Section 2) will be indicated on each SFPUC monthly water bill.

During periods of mandatory rationing, monthly and cumulative water usage greater than a Wholesale Customer’s shortage allocation and the associated excess use charges will be indicated on each SFPUC monthly water bill.

4.3. Suburban Excess Use Charge Payments. An annual reconciliation will be made of monthly excess use charges according to the calendar in Section 6. Annual excess use charges will be calculated by comparing total annual purchases for each Wholesale Customer with its annual shortage allocation (as adjusted for transfers of shortage allocations and banked water, if any). Excess use charge payments by those Wholesale Customers with net excess use will be paid according to the calendar in Section 6. The SFPUC may dedicate excess use charges paid by Wholesale Customers toward the purchase of water from the State Drought Water Bank or other willing sellers in order to provide additional water to the Wholesale Customers. Excess use charges paid by the Wholesale Customers constitute Wholesale Customer revenue and shall be included within the SFPUC's annual Wholesale Revenue Requirement calculation.

4.4. Tier 1 Family Plan. During periods of mandatory rationing, the SFPUC will not assess excess use charges on any of the Wholesale Customers if the Wholesale Customers’ collective cumulative purchases over the course of the Supply Year are less than the Wholesale Customers’ Tier 1 allocation, as set forth in Section 2.1. If the Wholesale Customers’ collective cumulative purchases exceed the Wholesale Customers’ Tier 1 allocation, the SFPUC shall assess excess use charges on each individual Wholesale Customer that exceeded its individual Tier 2 allocation (established in accordance with Section 2.2) over the course of the Supply Year in proportion to each individual Wholesale Customer’s share of the collective Wholesale Customers’ purchases that exceeded the Wholesale Customers’ Tier 1 allocation.

SECTION 5. GENERAL PROVISIONS GOVERNING WATER SHORTAGE

ALLOCATION PLAN

5.1. Construction of Terms. This Plan is for the sole benefit of the parties and shall not be construed as granting rights to any person other than the parties or imposing obligations on a party to any person other than another party.

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5.2. Governing Law. This Plan is made under and shall be governed by the laws of the State of California.

5.3. Effect on Agreement. This Plan describes the method for allocating water between the SFPUC and the collective Wholesale Customers during system-wide water shortages of 20 percent or less. This Plan also provides for the SFPUC to allocate water among the Wholesale Customers in accordance with directions provided by the Wholesale Customers through BAWSCA under Section 2.2, and to implement a program by which such allocations may be voluntarily transferred among the Wholesale Customers.

The provisions of this Plan are intended to implement Section 3.11(C) of the Agreement and do not affect, change or modify any other section, term or condition of the Agreement.

5.4. Inapplicability of Plan to Allocation of SFPUC System Water During Non-Shortage Periods.

The SFPUC’s agreement in this Plan to a respective share of SFPUC system water during years of shortage shall not be construed to provide a basis for the allocation of water between the SFPUC and the Wholesale Customers when no water shortage emergency exists.

5.5. Termination. This Plan shall expire at the end of the Term of the Agreement... The SFPUC and the Wholesale Customers can mutually agree to revise or terminate this Plan prior to that date due to changes in the water delivery capability of the SFPUC system, the acquisition of new water supplies, and other factors affecting the availability of water from the SFPUC system during times of shortage.

SECTION 5. ALLOCATION CALENDAR

6.1. Annual Schedule. The annual schedule for the shortage allocation process is shown below. This schedule may be changed by the SFPUC to facilitate implementation.

6.1.1 In All Years Target Dates

1. SFPUC delivers list of annual purchases by each Wholesale Customer during the immediately preceding Supply Year
November 1

2. SFPUC meets with the Wholesale Customers and presents water supply forecast for the following Supply Year
February

3. SFPUC issues initial estimate of available water supply February 1

4. SFPUC announces potential first year of drought (if applicable) February 1

5. SFPUC and Wholesale Customers meet upon request to exchange information concerning water availability and projected system- wide purchases
February 1-May 31

6. SFPUC issues revised estimate of available water supply, and confirms continued potential shortage conditions, if applicable March 1

7. SFPUC issues final estimate of available water supply April 15 th or sooner if adequate
snow course measurement data
is available to form a robust
estimate on available water
supply for the coming year.

8. SFPUC determines amount of water available to Wholesale Customers collectively
April 15
th or sooner if adequate
snow course measurement data
is available to form a robust
estimate on available water

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supply for the coming year.

In Drought Years Target Dates

9. SFPUC formally declares the existence of water shortage emergency (or end of water shortage emergency, if applicable) under Water Code Sections 350 et. seq.

April 15-30

10. SFPUC declares the need for a voluntary or mandatory response April 15-30

11. BAWSCA submits calculation to SFPUC of individual Wholesale Customers’ percentage shares of water allocated to Wholesale Customers collectively
April 15- 30

12. SFPUC determines individual shortage allocations, based on BAWSCA’s submittal of individual agency percentage shares to SFPUC, and monthly water budgets (Default Schedule)
April 25—M ay 10

13. Wholesale Customers submit alternative monthly water budgets (optional)
May 8-May 24

14. Final drought shortage allocations are issued for the Supply Year beginning July 1 through June 30
June 1

15. Monthly water budgets become effective July 1

16. Excess use charges indicated on monthly Suburban bills August 1 (of the beginning year) through June 30 (of the
succeeding year)

17. Excess use charges paid by Wholesale Customers for prior year August of the succeeding year

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1 3
3 2
4 RESOLUTION NO. 2025 - __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO APPROVING TIER 2 DROUGHT RESPONSE IMPLEMENTATION PLAN PURSUANT TO SECTION 3.11.C

OF THE AMENDED AND RESTATED WATER SUPPLY AGREEMENT
WHEREAS, the City of San Bruno is one of twenty-six (26) agencies in San Mateo, Santa Clara and Alameda Counties (Wholesale Customers) which purchase water from the City and County of San Francisco (San Francisco) pursuant to a Water Supply Agreement entered into in 2009, and recently amended in 2018, 2021 and 2025 (the Agreement or WSA). Collectively these 26 agencies are referred to in the Agreement as Wholesale Customers; and WHEREAS, Section 3.11 of the Agreement addresses situations when insufficient water is available in the San Francisco Regional Water System (RWS) to meet the full demands of all users. Section 3.11.C provides that during periods of water shortage caused by drought, the San Francisco Public Utilities Commission (SFPUC) will allocate available water between its retail customers and the Wholesale Customers collectively, in accordance with a schedule contained in the Water Shortage Allocation Plan set forth in Attachment H to the Agreement (Tier 1 Plan); and WHEREAS, Section 3.11.C authorizes the Wholesale Customers to adopt a Drought Allocation Plan, including a methodology for allocating the available water among the individual Wholesale Customers (Tier 2 Plan). The WSA also commits the SFPUC to honor allocations of water unanimously agreed to by all Wholesale Customers or, if unanimous agreement cannot be achieved, water allocations that have been adopted by the Board of Directors of the Bay Area Water Supply and Conservation Agency (BAWSCA). The Agreement also provides that the SFPUC can allocate water supplies as necessary during a water shortage emergency if no agreed upon plan for water allocation has been adopted by the 26 Wholesale Customers or the BAWSCA Board of Directors; and
WHEREAS, Commencing in January 2022, representatives appointed by the managers of each of the Wholesale Customers began meeting monthly to develop a set of principles to serve as guidelines for an equitable allocation methodology, and to develop formulas and procedures, in order to implement those principles. These discussions, and supporting technical analyses, have been conducted with the assistance of BAWSCA; and
WHEREAS, The Tier 2 Plan, attached to this resolution as Exhibit A, has been endorsed by all of the Wholesale Customer representatives who participated in the formulation process, and they have each recommended that it be formally adopted by the governing body of their respective agencies; and
WHEREAS, The Tier 2 Plan allocates the collective Wholesale Customer share of RWS supply made available by the SFPUC among each of the 26 Wholesale Customers through December 31, 2034, and is coordinated with the term of the Agreement, and extension and renewal terms.

NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council finds as follows:

1. The Tier 2 Drought Response Implementation Plan, as attached as Exhibit A (Tier 2 Plan), is approved.
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ATTACHMENT 2
2 3
3 2
4 2. This approval is conditioned upon all of the other twenty-five Wholesale Customers approving the Tier 2 Plan, such approvals being evidenced through adoption of similar resolutions or, in the case of private-sector organizations, by other equivalently binding written commitments signed by an executive officer acting within the scope of delegated authority, and all such approvals occurring on or before December 31, 2025.

If such resolutions or binding commitments are not adopted by that date, this resolution will automatically expire and be of no further effect after December 31, 2025, unless it has been extended prior thereto by further action of this City Council.

Exhibit A: Tier 2 Drought Response Plan and Example Tier 2 Plan Excel-Based Model ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on August 26, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

_________________________________
Lupita Huerta, City Clerk

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Tier 2 Drought
Response
Implementation
Plan
Drought Shortage
Allocation Plan for the
Regional Water System
Wholesale Customers
108 of 215
ATTACHMENT 2, Exhibit A
i
21418818.2
Table of Contents

1. Introduction .............. .......................................................................................................... 1

2. Relationship to Water Supply Agreement .............. ............................................................. 1

3. Development Process ................................ ........................................................................ 1

4. Plan Policy Principles .............. ........................................................................................... 2

5. Allocation Formula ................................ .............................................................................. 2 Base Period Calculations................................................................................................ 2 Tier 2 Plan Allocation Formula Inputs ............................................................................. 2 Step 0: Establish SFPUC Minimum and Maximum Cutback ........................................... 3 Step 1: Efficient Residential Allocation............................................................................ 4 Step 2: Non-Residential Base Allocation ........................................................................ 4 Step 3: SFPUC Maximum Cutback Reserve................................................................... 5 Step 4: Seasonal Allocation ............................................................................................ 5 Step 5: SFPUC Purchases and ISG-Based Allocation .................................................... 5

6. Plan Implementation ................................ ........................................................................... 5

7. Plan Term ................................ .......................................................................................... 6 Attachments
Attachment A: List of Abbreviations and Definitions ................................................................... 8 Attachment B: Tier 2 Plan Data Sources and Calculations ........................................................10 Attachment C: Example of Tier 2 Plan Excel-Based Model Calculations ...................................15 109 of 215

Page 1 of 19 ends

21418818.2

1. Introduction
The Tier 2 Drought Response Implementation Plan (the “Plan” or “Tier 2 Plan”) describes the method for allocating the water made available by the San Francisco Regional Water System (“RWS”) among the Wholesale Customers during shortages caused by Drought. This Plan is adopted pursuant to Section 3.11(C) of the Amended and Restated Water Supply Agreement between the City and County of San Francisco and the Wholesale Customers in Alameda, San Mateo, and Santa Clara Counties (the “WSA”).

2. Relationship to Water Supply Agreement
The WSA includes a Water Shortage Allocation Plan which, among other things, (a) provides for the allocation of available water between Retail Customers (e.g., retail water customers within the City and County of San Francisco) and the Wholesale Customers collectively during system- wide water shortages of 20 percent or less, (b) contemplates the adoption by the Wholesale Customers of this Plan for allocation of the Wholesale Customers share of available water, (c) commits the SFPUC to implement this Plan, (d) provides for banking of unused allocation, and (e
) pr
ovides for the transfer of both banked water and shortage allocations between and among the Wholesale Customers and commits the SFPUC to implement such transfers. That plan is referred to as the Tier 1 Plan and is included as Attachment H to the WSA.

The Tier 1 Plan also provides the methodology for determining the Overall Average Wholesale Customer Reduction, expressed as a percentage cutback from prior year’s normal SFPUC purchases, and Overall Wholesale Customer Allocation, in million gallons per day (MGD), both of which are used in determining the final Allocation Factor for each Wholesale Customer. The Overall Average Wholesale Customer Reduction is determined by dividing the volume of water available to the Wholesale Customers (the “Overall Wholesale Customer Allocation” or “Tier 1 Allocation”), shown as a share of available water in Section 2 of the Tier 1 Plan, by the prior year’s normal total Wholesale Customers’ RWS purchases and subtracting that value from one.

3. Development Process
Between January 2022 and June 2024, Bay Area Water Supply and Conservation Agency (BAWSCA), supported by Woodard & Curran technical consultants, facilitated negotiations between the Wholesale Customers through a series of meetings, workshops, and workgroups to develop a formula and implementation plan to allocate RWS supplies in the event of shortage caused by a SFPUC declared Drought, as defined in the WSA. These meetings, workshops, and workgroups provided a forum for in-depth discussion of the objectives, mechanics, and policy aspects of the elements of an updated Plan.

The Wholesale Customers began negotiations by reviewing the prior Plan, then discussed and agreed upon four policy principles to lay the foundation for a revised Plan. BAWSCA, with support from Woodard & Curran as the technical consultant team, introduced potential elements of a formula to align with the agreed upon policy principles. In monthly workshops, the Wholesale Customers discussed these options and provided feedback on which elements should be included in the Plan, along with suggested refinements. These workshops, and the discussions, suggestions, and comments expressed by the Wholesale Customers during this process, were the primary forum through which this Plan was developed.

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4. Plan Policy Principles
The Wholesale Customers collectively developed four policy principles (the “Policy Principles”) to guide the development and performance of the Tier 2 Plan. The Tier 2 Plan and associated Tier 2 Plan Allocation Model were developed in consideration of these policy principles, with the intent to abide by each policy principle while minimizing conflicts between policy principles. The policy principles are summarized below and implemented in Attachment B, Tier 2 Plan Data Sources and Calculations.

1. Policy Principle #1 - Provide sufficient water for the basic health and safety needs of customers.

2. Policy Principle #2 - Minimize economic and other adverse impacts of water shortages on customers and the BAWSCA region.

3. Policy Principle #3 - Provide predictability of drought allocations through consistent and predetermined rules for calculation, while allowing for flexibility to respond to unforeseen circumstances.

4. Policy Principle #4 - Recognize benefits of, and avoid disincentives for, water use efficiency and development of alternative water supply projects.

5. Allocation Formula
Guided by the Policy Principles, the Wholesale Customers developed a specific formula for apportioning the Overall Wholesale Customer Allocation among the individual Wholesale Customers. The Tier 2 Allocation Model requires several inputs to calculate each Wholesale Customer’s allocation. First, Base Period data are collected to be used as inputs in the Tier 2 formula. Next each Wholesale Customer’s allocation is calculated in five steps.

Base Period Calculations
The Base Period in the Tier 2 Plan is defined as the average of each Wholesale Customer’s two years with the highest volumes of SFPUC purchases from the previous three non-Drought years. A non-Drought year is defined as a full fiscal year (July 1 through June 30) in which the SFPUC has not declared a water shortage emergency, as defined in the WSA. BAWSCA’s Annual Survey, which compiles and publishes data self-reported by the Wholesale Customers, is the primary source for model inputs.

Tier 2 Plan Allocation Formula Inputs
• Population: Each Wholesale Customer’s population as reported in the most recently published Annual Survey and is not tied to Drought or non-Drought year status. • Base Period SFPUC Purchases: The average of each Wholesale Customer’s two years with the highest volumes of SFPUC purchases from the previous three non- Drought years.
• Base Period Total Potable Water Production: Total potable production as reported in the Annual Survey.

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• Base Period SFPUC Reliance: Each Wholesale Customer’s Base Period SFPUC Purchases divided by Base Period Total Potable Water Production, expressed as a percentage.
• Base Period Percent Indoor Demand: The single lowest month’s total potable demand (a proxy for indoor use) divided by the average monthly total potable demand, expressed as a percentage. The resulting percentages are averaged for the two selected Base Period years.
• Base Period Percent Non-Residential Demand: Each Wholesale Customer’s potable water consumption from the Base Period from all customer categories except residential, divided by the Wholesale Customer’s Base Period Total Potable Water Production, expressed as a percentage. The resulting percentages are averaged for the two selected Base Period years.
• Individual Supply Guarantee (ISG): Each Wholesale Customer’s share of the Supply Assurance, as shown on Attachment C to the WSA, with proxies for Hayward, San Jose, and Santa Clara in order to provide inputs for the Tier 2 Allocation Formula There are three exceptions to the Base Period Calculations: (1) Coastside County Water District (“Coastside CWD”) Base Period SFPUC Purchases and Base Period SFPUC Reliance, (2) Stanford Base Period Percent Indoor Demand, and (3) Stanford Population Calculation. (1) Coastside CWD Base Period SFPUC Purchases will be calculated as 94% of its Base Period Total Potable Water Production. Base Period SFPUC Reliance will be fixed at 94%. More information is provided in Attachment B.
(2) Stanford’s Base Period Percent Indoor Demand calculation will exclude demand from the month of December and/or January when the campus is closed and demand is abnormally low.
(3) Stanford’s population is calculated as described in Attachment B.

Furthermore, three Wholesale Customers do not have an ISG and a proxy is used in the Tier 2 Plan: (1) Hayward, (2) San Jose, and (3) Santa Clara. Background on ISG and each ISG proxy is described in Attachment B.

Data sources, methodologies, and equations used to calculate each input are described further in Attachment B.

Step 0: Establish SFPUC Minimum and Maximum Cutback
The Minimum and Maximum Cutback establish the upper and lower bounds for each Wholesale Customer’s final allocation.

No water is allocated in this step. Instead, allocations in subsequent steps are limited such that no Wholesale Customer’s final allocation is outside the upper and lower bounds (i.e., above the Minimum Cutback or below the Maximum Cutback) established in this step.

Minimum Cutback: Each Wholesale Customer will contribute to meeting the Overall Average Wholesale Customer Reduction by taking a Minimum Cutback from its Base Period SFPUC

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Purchases (up to its ISG or proxy). This establishes the upper limit of each Wholesale Customer’s potential final allocation. The Minimum Cutback, expressed as a percentage, is equal to 1/3 times the Overall Average Wholesale Customer Reduction, but no less than 5%.

Maximum Cutback: The Maximum Cutback establishes the lower limit of each Wholesale Customer’s potential final allocation. The Maximum Cutback, expressed as a percentage, is equal to 1.5 times the Overall Average Wholesale Customer Reduction. The Maximum Cutback is calculated from each Wholesale Customer’s Base Period SFPUC Purchases (up to its ISG, or proxy).

Step 1 Override Exception: If a Wholesale Customer’s allocation in Step 1 exceeds the upper limit established by the Minimum Cutback at 1/3 times the Overall Average Wholesale Customer Reduction, the Wholesale Customer’s Minimum Cutback will be reduced, but the Minimum Cutback will be no less than 5%.

Calculations and an example of the Step 1 Override Exception are provided in Attachment B.

Step 1: Efficient Residential Allocation
Step 1 allocates water on a residential per capita basis, based on the State Indoor Water Use Efficiency Standard1 and the portion of each Wholesale Customer’s water demand met by the RWS.

The per capita efficient residential volume, in gallons, will align with the State Residential Indoor Water Use Efficiency Standard, established as 47 gallons per capita per day (GPCD) through 2029 and 42 GPCD beginning in 2030. This step multiplies the per-capita volume by each Wholesale Customer’s Population and Base Period SFPUC Reliance to determine the total amount of supply allocated to each Wholesale Customer in this step.

Step 2: Non-Residential Base Allocation
Step 2 allocates water based on each Wholesale Customer’s estimated non-residential indoor/base demand.

To calculate non-residential indoor/base demand, each Wholesale Customer’s Base Period SFPUC Purchases are multiplied by:
• Base Period Percent Indoor Demand
• Base Period Percent Non-Residential Demand
• Non-Residential Base Allocation Factor – this is equal to one minus 50% of the Overall Average Wholesale Customer Reduction.
o For example, in a 20% Overall Average Wholesale Customer Reduction, the Non-Residential Base Allocation Factor will be 90% (1 – (20% ÷ 2)) of each Wholesale Customer’s non-residential indoor/base demand. 1 SB 1157, signed into law in September 2022, established the standard for efficient indoor residential water use be 47 gallons per capita per day (“GPCD”), lowering to 42 GPCD in 2030.

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Step 3: SFPUC Maximum Cutback Reserve
The Maximum Cutback establishes the lower limit for each Wholesale Customer’s final allocation. See Step 0 for more information.

No water is allocated in this step. Instead, this step calculates the gap between each Wholesale Customer’s allocation after Step 2 and the lower limit of its potential final allocation. This step then reserves the sum of the gap for all Wholesale Customers from the Overall Wholesale Customer Allocation for Step 5. This Maximum Cutback Reserve ensures, after other steps are applied, that sufficient water is available in the final step to provide that each Wholesale Customer’s final allocation is equal to, or greater than, the lower limit of its potential allocation established by the Maximum Cutback.

Step 4: Seasonal Allocation
Step 4 allocates water based on estimated seasonal purchases from the RWS.

The inverse of each Wholesale Customer’s Base Period Percent Indoor Demand (1 - % Indoor Demand) is used to estimate percent seasonal demand, which is then multiplied by Base Period SFPUC Purchases to estimate each Wholesale Customers’ SFPUC seasonal purchases. Each Wholesale Customer’s estimated SFPUC seasonal purchases are multiplied by the Seasonal Cutback Factor to establish each Wholesale Customer’s Seasonal Allocation.

The Seasonal Cutback Factor is calculated based upon the Overall Wholesale Customer Allocation remaining to be allocated after Step 2. Of the remaining Overall Wholesale Customer Allocation after Step 2 (less the Maximum Cutback Reserve), 50% is allocated through the Seasonal Minimum Allocation Step. The detailed methodology for calculating the Seasonal Cutback Factor is described in Attachment B.

Step 5: SFPUC Purchases and ISG-Based Allocation
Step 5 allocates the water remaining after Step 4 to get agencies as close to the “Target Allocation” as possible. Each Wholesale Customer’s Target Allocation is based on a weighted share of two-thirds Base Period SFPUC Purchases and one-third ISG (or proxy) while ensuring each agency’s final allocation is between the Minimum and Maximum Cutback limits.

The detailed methodology for calculating the Base Period SFPUC Purchases and ISG weighted allocation is described in Attachment B.

6. Plan Implementation
The Tier 2 Plan applies when, and only when, the SFPUC declares a Drought that has is a system-wide water shortage of 20 percent or less. The Tier 2 Plan applies only to water acquired and distributed by the SFPUC to the Wholesale Customers through the WSA and has no effect on water obtained by a Wholesale Customer from any source other than the SFPUC.

Shortages Greater than 20 Percent
In no way should it be construed that the Wholesale Customers relieve the SFPUC of its obligations established in the Level of Service goals adopted in the Water System Improvement

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Program (“WSIP”), including the level of service goal to “meet dry-year delivery needs while limiting drought rationing to a maximum 20 percent system-wide reduction water service during extended droughts” (2023 Amended and Updated LOS Goals and Objectives, SFPUC Resolution No. 23-0210, adopted November 28, 2023, updating the Resolution No. 08-0200, adopted October 30, 2008). Should conditions occur that result in system-wide shortages greater than 20%, the provisions in WSA Section 3.11(C) apply. The Tier 2 Plan calculations may be used during discussions with the SFPUC on how to implement reductions above 20% with the Wholesale Customers and for planning purposes only to estimate potential Wholesale Customer allocations for system-wide shortages greater than 20% (e.g., to inform efforts such as Urban Water Management Plans).

BAWSCA Role in Plan Implementation
In accordance with the WSA, upon the SFPUC’s declaration or reconfirmation of a water shortage emergency, BAWSCA will calculate and provide the SFPUC with each Wholesale Customer’s individual percentage share of the amount of water allocated to the Wholesale Customers collectively.

In the event that shortage conditions change and the SFPUC takes action to declare an increase or decrease to the system-wide shortage level, BAWSCA will recalculate the Tier 2 Plan and submit new Allocation Factors to the SFPUC. When rerunning the Tier 2 calculations, the Base Period will not change to provide predictability (Policy Principle #3). The only inputs that will change are the Overall Wholesale Customer Allocation and population, if a more recent Annual Survey has been published.

If the appropriate base period data, as specified in this Plan, are not available when BAWSCA initially calculates the Tier 2 Allocation Factors, the Base Period may be updated. However, BAWSCA may only provide the SFPUC with updated Allocation Factors if the Commission takes action to declare or reconfirm a shortage condition.

Each year, BAWSCA will provide the Wholesale Customers with a review of the Tier 2 Plan.

The annual review will include:
• Calculation of each Wholesale Customer’s Allocation Factor for regional shortages of 10% and 20% for the current Base Period, based upon the most recent published BAWSCA Annual Survey;
• Review of Base Period data used to develop the calculations.

7. Plan Term
The term of the Tier 2 Plan will be the same as the WSA term and may be extended by the written agreement of all the Wholesale Customers. The Tier 2 Plan negotiators chose to coordinate the Plan term with WSA term in order to avoid simultaneous renegotiation of these related agreements. Pursuant to WSA Section 2, the WSA expires on June 30, 2034. In December 2031, the SFPUC may provide written notice to the Wholesale Customers that it is willing to extend the WSA for five years, through June 30, 2039. Between January 1, 2032 and June 30, 2032, any Wholesale Customer may accept the SFPUC's offer to extend the Term by providing a written notice of extension to the SFPUC. If the WSA is extended, the Tier 2 Plan

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shall expire on December 31, 2034, unless extended by the written agreement of all Wholesale Customers. The Wholesale Customers will meet to review and potentially negotiate amendments to the Tier 2 Plan between July 2032 and June 2034.

If the SFPUC is not willing to extend the term of the WSA, or the Wholesale Customers decline the offer to extend the term of the WSA, the term of the Tier 2 Plan shall be automatically extended for two additional years through December 31, 2036 to allow for more time for the Wholesale Customers to meet to review and potentially negotiate amendments to the Tier 2 Plan between July 2034 and June 2036.

Sample schedules described above are provided in the table below.

Date
Extension of WSA with Limited
Negotiated Changes
Parties must renegotiate WSA
Terms
Dec 2031 SFPUC indicates willingness to extend
term of WSA for 5 years
SFPUC indicates willingness to extend
term of WSA for 5 years
Jan - Jun
2032
Wholesale Customers accept offer to
extend term of WSA
Wholesale Customers decline offer to
extend term of WSA
Jul 2032 -
Jun 2034
Wholesale Customers meet to review,
extend and potentially negotiate
amendments to the Tier 2 Plan
SFPUC and Wholesale Customers
negotiate amendments to WSA
Jul 2034 –
Jun 2036
W holesale Customers meet to review
and potentially negotiate amendments
to the Tier 2 Plan

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Attachment A: List of Abbreviations and Definitions
Abbreviations
BAWSCA – Bay Area Water Supply and Conservation Agency
GPCD – gallons per capita per day
ISG – Individual Supply Guarantee
MGD – million gallons per day
RWS – San Francisco Regional Water System
SFPUC – San Francisco Public Utilities Commission
WSA – Amended and Restated Water Supply Agreement between the City and County of San Francisco and the Wholesale Customers in Alameda, San Mateo and Santa Clara Counties WSIP – Water System Improvement Program
Definitions
Allocation Factor – Each Wholesale Customer's portion of the Overall Wholesale Customer Allocation, expressed as a percent.

Base Period – The average of each Wholesale Customer’s two years with the highest volumes of SFPUC purchases from the previous three non-Drought years.

BAWSCA Annual Survey – An annual survey of the Wholesale Customers, conducted by BAWSCA, to update key service area information including actual and projections of Wholesale Customer water demand and population.

Drought – “[a] water shortage caused by lack of precipitation, as reflected in resolutions of the Commission calling for voluntary or mandatory water rationing based on evaluation of water stored or otherwise available to the Regional Water System, whether or not the Commission declares a water shortage emergency pursuant to Water Code §§ 350 et seq., as amended from time to time." (WSA, Attachment A)
Individual Supply Guarantee – “[each] Wholesale Customer’s share of the Supply Assurance, as shown in Attachment C [to the WSA]." (WSA, Attachment A) Overall Average Wholesale Customer Reduction – The percent cutback from Base Period SFPUC Purchases, calculated by dividing the Overall Wholesale Customer Allocation by the sum of the Wholesale Customer's Base Period SFPUC Purchases.

Overall Wholesale Customer Allocation or Tier 1 Allocation – The volume of water available to the Wholesale Customers from the RWS.

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Regional Water System – “[the] water storage, transmission and treatment system operated by the SFPUC in Tuolumne, Stanislaus, San Joaquin, Alameda, Santa Clara, San Mateo and San Francisco counties, including projects constructed under the WSIP, but excluding Direct Retail and Direct Wholesale assets." (WSA, Attachment A)
SFPUC Purchases – For the purposes of the Tier 2 Plan, SFPUC Purchases are defined as the volume of water purchased by and delivered to a Wholesale Customer for use within its service area. SFPUC Purchases specifically exclude (1) In-Lieu Water, which is Regional Water System water pursuant to the WSA and the Regional Groundwater Storage and Recovery Project Operating Agreement and (2) Imputed Sales, both defined in the WSA, Attachment A.

Supply Assurance – “[the] 184 MGD maximum annual average metered supply of water dedicated by San Francisco to public use in the Wholesale Service Area (not including San Jose and Santa Clara) in the 1984 Agreement and Section 3.01 of this Agreement." (WSA, Attachment A)
Tier 1 Plan or Tier 1 Shortage Plan – “[the] Water Shortage Allocation Plan (Attachment H) adopted by the SFPUC and the Wholesale Customers in conjunction with this Agreement [the WSA] describing the method for allocating water between the SFPUC and the Wholesale Customers collectively for shortages of up to 20% of deliveries from the Regional Water System, as amended from time-to-time." (WSA, Attachment A) Tier 2 Plan or Tier 2 Drought Response Implementation Plan – The method of apportioning the Tier 1 Allocation among the 26 Wholesale Customers.

Tier 2 Plan Allocation Model – The Excel-based tool used for applying the Tier 2 Plan allocation methodology and determining each Wholesale Customer's Allocation Factor.

Wholesale Customers – “[the] 26 water customers identified in Section 1.02 [of the WSA] that are contracting for purchase of water from San Francisco pursuant to [the WSA].” (WSA, Attachment A)

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Attachment B: Tier 2 Plan Data Sources and Calculations BAWSCA Annual Survey
Each year, BAWSCA conducts an annual survey of its members in order to update key BAWSCA service area information including population, current and projected water use, and climatology. BAWSCA begins collecting data in October of each year. The Wholesale Customers submit data through BAWSCA’s Water Conservation Database. Between approximately January and March, BAWSCA reviews the Wholesale Customers’ submissions for potential errors and works with Wholesale Customers to confirm and finalize the data. The final report is published around March of each year for the fiscal year ending the previous June 30 th.

Base Period inputs will use data published in the Annual Surveys from the previous three non- Drought years. Depending on when the SFPUC declares a shortage emergency, the most recent non-Drought year’s Annual Survey may not be finalized and published. If the most recent non-Drought year’s Annual Survey is not available, the Base Period inputs will use data from the three most recent non-Drought year’s published in Annual Surveys.

Base Period
The Tier 2 Plan uses historical SFPUC purchases, total potable water production, monthly potable production, potable consumption by customer category, and population for Steps 0 through 5. These values are established using a historical base period with established water supply and delivery data.

The Base Period for all inputs except population is defined as the average from the highest two years of SFPUC Purchases over the most recent three non-Drought years. The selection of Base Period is unique to each Wholesale Customer. Two example agencies are provided in the table below, where the data associated with the highest two years are highlighted.

Previous Non-
Drought Year
Agency A Agency B
SFPUC
Purchases
Percent Non-
Residential
SFPUC
Purchases
Percent Non-
Residential
Year 1 2.50 70% 5.90 58%
Year 2 2.75 69% 6.20 56%
Year 3 2.40 67% 6.10 55%
Calculation (2.5 0 + 2. 75)
2 ( 0.7 0 + 0. 69)
2 ( 6.2 0 + 6. 10)
2 ( 0.5 6 + 0. 55)
2 Average of Highest
Two Years 2.63 70% 6.15 55.5%
Coastside CWD Special Provisions for Base Period Calculations Coastside CWD Base Period SFPUC Purchases will be calculated as 94% of its Base Period Total Potable Water Production. Base Period SFPUC Reliance will be fixed at 94%.

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Coastside CWD’s high variability in SFPUC purchases from year to year, the California Coastal Commission limitations on growth in its service area, and geographical and hydrological isolation set it apart from other Wholesale Customers. Uniquely among the Wholesale Customers, Coastside CWD does not have interties with other Wholesale Customers or agencies. Additionally, it has junior rights on local surface water supplies. To ensure resiliency, Coastside CWD must maximize its use of Denniston Creek in normal years to provide evidence to the State in its ongoing case to perfect its water rights. This results in low RWS purchases in non-drought years, which are the source of each Wholesale Customer’s Base Period. The Coastside CWD special provisions for Base Period SFPUC Purchases ensure its dry year reliance on the RWS is reflected in the Tier 2 Plan.

Minimum Cutback Factor
The minimum cutback factor is used to establish the upper limit at or below which each Wholesale Customer’s final allocation will be. The minimum cutback factor is equal to 1/3 times the Overall Average Wholesale Customer Reduction, expressed as a percentage. Base Period SFPUC Purchases (up to ISG or proxy) are multiplied by 1 minus the minimum cutback factor.

An example equation is provided below.

𝑊𝑊ℎ𝑜𝑜
𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜 𝐶𝐶𝐶𝐶𝑜𝑜𝐶𝐶𝑜𝑜𝐶𝐶𝑜𝑜𝐶𝐶 𝑓𝑓
𝑓𝑓𝑓𝑓𝑜𝑜𝑜𝑜 𝑜𝑜𝑜𝑜
𝑜𝑜𝑜𝑜𝑎𝑎𝑜𝑜𝐶𝐶
𝑓𝑓𝑜𝑜𝑓𝑓 𝐶𝐶𝑢𝑢
𝑢𝑢𝑜𝑜
𝐶𝐶 𝑜𝑜
𝑓𝑓𝐶𝐶𝑓𝑓𝐶𝐶 = 𝐵𝐵𝑜𝑜
𝑜𝑜𝑜𝑜 𝑃𝑃𝑜𝑜
𝐶𝐶𝑓𝑓𝑜𝑜𝑃𝑃 𝑆𝑆
𝑆𝑆𝑃𝑃𝑆𝑆
𝐶𝐶 𝑃𝑃𝐶𝐶
𝐶𝐶𝑎𝑎ℎ𝑜𝑜
𝑜𝑜𝑜𝑜𝑜𝑜 × �1 −
(1 3⁄ × 𝑂𝑂
𝑂𝑂𝑜𝑜
𝐶𝐶𝑜𝑜𝑜𝑜𝑜𝑜 𝐴𝐴
𝑂𝑂𝑜𝑜𝐶𝐶𝑜𝑜
𝐴𝐴
𝑜𝑜 𝑊𝑊ℎ𝑜𝑜
𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜 𝐶𝐶𝐶𝐶𝑜𝑜𝐶𝐶𝑜𝑜𝐶𝐶𝑜𝑜𝐶𝐶 𝑅𝑅𝑜𝑜
𝑃𝑃𝐶𝐶𝑎𝑎𝐶𝐶𝑓𝑓𝑜𝑜𝑓𝑓)�
Step 1 Override Exception
If a Wholesale Customer’s allocation in Step 1 (Efficient Residential Allocation) is greater than the upper limit of its potential allocation established by the Minimum Cutback, the Step 1 allocation will override. However, no Wholesale Customer’s final cutback will be less than 5%.

For example, in a 20% Overall Average Wholesale Customer Reduction, the Minimum Cutback will be 6.67% (20% × 1/3). An example Wholesale Customer’s calculation is provided below.

Base Period SFPUC Purchases 5.0 MGD
Minimum Cutback Factor - 6.67%
Upper Limit of Potential Final Allocation 4.67 MGD
Population 101,000
Base Period SFPUC Reliance 100%
Residential Efficient Allocation 47 GPCD
Step 1 Allocation 4.75 MGD
The ex
ample agency’s final cutback will be 5.1% as calculated below:

4.75 𝐶𝐶
𝐴𝐴𝑃𝑃 5
.0 𝐶𝐶
𝐴𝐴𝑃𝑃 − 1 = −5
.1%⁄
Maximum Cutback Factor
The maximum cutback factor is used to establish the lower limit at or above each Wholesale Customer’s final allocation. The maximum cutback factor is equal to 1.5 times the Overall Average Wholesale Customer Reduction, expressed as a percentage. Base Period SFPUC

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Purchases (up to ISG or proxy) are multiplied by 1 minus the minimum cutback factor. An example equation is provided below.

𝑊𝑊ℎ𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜 𝐶𝐶𝐶𝐶𝑜𝑜𝐶𝐶𝑜𝑜𝐶𝐶𝑜𝑜𝐶𝐶 𝑓𝑓
𝑓𝑓𝑓𝑓𝑜𝑜𝑜𝑜 𝑜𝑜𝑜𝑜
𝑜𝑜𝑜𝑜𝑎𝑎𝑜𝑜𝐶𝐶
𝑓𝑓𝑜𝑜𝑓𝑓 𝑜𝑜
𝑜𝑜
𝑙𝑙
𝑜𝑜𝐶𝐶 𝑜𝑜
𝑓𝑓𝐶𝐶𝑓𝑓𝐶𝐶
= 𝐵𝐵𝑜𝑜
𝑜𝑜𝑜𝑜 𝑃𝑃𝑜𝑜
𝐶𝐶𝑓𝑓𝑜𝑜
𝑃𝑃 𝑆𝑆𝑆𝑆𝑃𝑃𝑆𝑆
𝐶𝐶 𝑃𝑃𝐶𝐶
𝐶𝐶𝑎𝑎ℎ𝑜𝑜
𝑜𝑜𝑜𝑜𝑜𝑜
× �1 − (1
.5 × 𝑂𝑂𝑂𝑂𝑜𝑜
𝐶𝐶𝑜𝑜𝑜𝑜𝑜𝑜 𝐴𝐴
𝑂𝑂𝑜𝑜𝐶𝐶𝑜𝑜
𝐴𝐴
𝑜𝑜 𝑊𝑊ℎ𝑜𝑜
𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜𝑜 𝐶𝐶𝐶𝐶𝑜𝑜𝐶𝐶𝑜𝑜𝐶𝐶𝑜𝑜𝐶𝐶 𝑅𝑅𝑜𝑜
𝑃𝑃𝐶𝐶𝑎𝑎𝐶𝐶𝑓𝑓𝑜𝑜𝑓𝑓)�
Efficient Residential Volume
The Tier 2 Plan uses a per-capita volume, in gallons, to calculate each Wholesale Customer’s Efficient Residential Allocation (Step 1 of the Allocation Model). The per-capita volume is 47 gallons per capita per day through 2029 and 42 GPCD beginning in 2030, consistent with the State of California Indoor Residential Water Use Standard for 2025 established by SB 1157.

SFPUC Reliance
For agencies with multiple potable water sources, the Tier 2 Plan calculates SFPUC Reliance by dividing each agency’s Base Period SFPUC Purchases by Base Period Total Potable Water Production, expressed as a percentage. SFPUC Reliance is used in Step 1 to calculate multi- source agency’s Residential Efficient Allocation met by the RWS.

Population
The Tier 2 Plan uses population reported in the most recently published Annual Survey to calculate each Wholesale Customer’s Efficient Residential Allocation in Step 1.

BAWSCA reviews data submitted for the Annual Survey and works with agencies to ensure the information is correct before making it public. As part of this annual review, BAWSCA will flag any agencies that have reported population increases greater than 5%. BAWSCA will first confirm with the agency that there are no reporting errors. If the reported data are correct, BAWSCA will include a note to all agencies during the annual review of the Tier 2 Plan.

Stanford University Population Calculation
Stanford has historically reported its population in the BAWSCA Annual Survey using data from the Stanford Office of Institutional Research & Decision Support, which annually documents population based on student enrollment and data from human resources. This number captures all students (undergraduate and graduate), post-docs, faculty, and staff that are employed and work on campus. The population report does not directly capture residential population that is not enrolled or employed (significant others or dependents). However, it would include a daytime population component. Stanford reviewed several population sources and calculation methods including census data. Based on review of the available sources for population information, Stanford proposed, and the BAWSCA agencies agreed, to utilize a formula that captures student and faculty/staff residential population. This new approach would eliminate the inclusion of daytime staff and faculty who do not live on campus.

The formula takes the Office of Institutional Research & Decision Support data and uses only the "Total Students" and adds a multiplier of 2.57 people per residence (single and multi-family) for the faculty/staff housing area.

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San Bruno City CouncilAugust 26, 2025

San Bruno City Council
August 26, 2025