Cities Index.
Agenda, third session

San Bruno City Council
September 23, 2025

Document
Agenda, third session
Meeting
September 23, 2025
Body
San Bruno City Council
Pages
6
Original file
12.6 MB
Text extracted from the city's file for reading and search. Open the original on www.sanbruno.ca.gov. That file is the official record.

"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
September 23, 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/84288293820?
pwd=sI9b1sanYwb8zzDShZca3OpJZR3pL1.1
Phone Line: 1­646­558­8656
Webinar ID: 842 8829 3820
Webinar Password:  700330
*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. The Fall Community Clean­Up Event with Recology is happening on Saturday, October 12th from 8:00­​11:00 am at 975 Sneath Lane. San Bruno residents are invited to bring unwanted bulk items to this self­service drop­​off event. Each household may dispose of up to 3 cubic yards of materials.
b. The Fall Compost Giveaway with Recology is happening on Saturday, October 11th and Sunday, October 12th from 8:00­11:00 am at Lions Field. Residents are welcome to take home a free bucket of compost to help enrich their gardens. This is a self­​service event ​please bring your own bucket. One 5­gallon bucket per resident.
c. View the Mayor’s State of the City Address Video
d. Proclamation Recognizing October 5­11, 2025 as Fire Prevention Week e. Proclamation Recognizing October 2025 as Breast Cancer Awareness Month f. Proclamation Recognizing October, 2025 as Community Planning Month g. Proclamation Recognizing October 2025 as Domestic Violence Awareness Month h. Proclamation Recognizing October 2025 as National Filipino American Heritage Month i. Receive Presentation from the San Bruno Delegation on their trip to Narita, Japan

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 Accounts Payable for September 9, 2025
b. Accept Payroll for September 7, 2025
c. Approve Investment Report Dated July 31, 2025 and August 31, 2025 d. Consider Adoption of a Resolution:

Approving the Design of the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project;
Authorizing the City Manager to Execute a Construction Contract with K.J. Woods Construction, Inc. for the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project in the amount not to exceed $1,756,800;
Approving a Construction Contingency of $265,000;
Appropriating $1,500,000 from the Wastewater Enterprise Fund to the Shelter Creek Sewer Main Replacement Project;
Approving a Total Amended Project Budget in the Amount of $2,800,000; and Determining the Project is Exempt Under the California Environmental Quality Act e. Consider Adoption of a Resolution Accepting the Acappella Well Project (Commodore Park Well Replacement) – Phase I as Complete; Authorizing the Filling of Notice of Completion with the San Mateo County Recorder’s Office; and Authorizing the Release of the Construction Contract Retention in the Amount of $46,034.60
f. Consider Adoption of a Resolution Authorizing the Receipt and Expenditure of $75,000 in California Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership Grant Funds to Develop an Effective, Comprehensive, and Strategic Approach to Eliminate the Crime and Public Nuisance Problems Associated with Problem Alcoholic Beverage Outlets g. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with the San Bruno Improvement Group to Implement Programs and Events Downtown, and Determining the Project is Exempt Under the California Environmental Quality Act (CEQA)
h. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Section 2.04.140 of the San Bruno Municipal Code to Increase City Council Member Salaries”

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Hold Public Hearing to (1) Consider Adoption of a Resolution Making Draft Findings and Declaring an Intent to Propose Overriding the San Mateo City/County Association of Governments (C/CAG) Airport Land Use Commission’s (ALUC) Determination of Inconsistency pursuant to Public Utilities Code Section 21676 with respect to the Proposed Tanforan Planned Development of 1122, 1150, 1178 and 1188 El Camino Real and 1292 Huntington Avenue and Provide Notice Pursuant to the State Public Utilities Code to the Airport Land Use Commission and the State Of California Department of Transportation’s Division of Aeronautics Regarding Such Findings and Intent to Propose an Override, and (2) Authorize the City Manager to Submit the Resolution to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics and Schedule a Public Hearing to Consider Adoption Pursuant to Public Utilities Code Section 21676

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS

10. ADJOURNMENT – The next Regular City Council Meeting will be held on October 14, 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 September 18, 2025, by 9:00 pm.

1 of 88

"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
September 23, 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/84288293820?
pwd=sI9b1sanYwb8zzDShZca3OpJZR3pL1.1
Phone Line: 1­646­558­8656
Webinar ID: 842 8829 3820
Webinar Password:  700330
*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. The Fall Community Clean­Up Event with Recology is happening on Saturday, October 12th from 8:00­​11:00 am at 975 Sneath Lane. San Bruno residents are invited to bring unwanted bulk items to this self­service drop­​off event. Each household may dispose of up to 3 cubic yards of materials.
b. The Fall Compost Giveaway with Recology is happening on Saturday, October 11th and Sunday, October 12th from 8:00­11:00 am at Lions Field. Residents are welcome to take home a free bucket of compost to help enrich their gardens. This is a self­​service event ​please bring your own bucket. One 5­gallon bucket per resident.
c. View the Mayor’s State of the City Address Video
d. Proclamation Recognizing October 5­11, 2025 as Fire Prevention Week e. Proclamation Recognizing October 2025 as Breast Cancer Awareness Month f. Proclamation Recognizing October, 2025 as Community Planning Month g. Proclamation Recognizing October 2025 as Domestic Violence Awareness Month h. Proclamation Recognizing October 2025 as National Filipino American Heritage Month i. Receive Presentation from the San Bruno Delegation on their trip to Narita, Japan

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 Accounts Payable for September 9, 2025
b. Accept Payroll for September 7, 2025
c. Approve Investment Report Dated July 31, 2025 and August 31, 2025 d. Consider Adoption of a Resolution:

Approving the Design of the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project;
Authorizing the City Manager to Execute a Construction Contract with K.J. Woods Construction, Inc. for the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project in the amount not to exceed $1,756,800;
Approving a Construction Contingency of $265,000;
Appropriating $1,500,000 from the Wastewater Enterprise Fund to the Shelter Creek Sewer Main Replacement Project;
Approving a Total Amended Project Budget in the Amount of $2,800,000; and Determining the Project is Exempt Under the California Environmental Quality Act e. Consider Adoption of a Resolution Accepting the Acappella Well Project (Commodore Park Well Replacement) – Phase I as Complete; Authorizing the Filling of Notice of Completion with the San Mateo County Recorder’s Office; and Authorizing the Release of the Construction Contract Retention in the Amount of $46,034.60
f. Consider Adoption of a Resolution Authorizing the Receipt and Expenditure of $75,000 in California Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership Grant Funds to Develop an Effective, Comprehensive, and Strategic Approach to Eliminate the Crime and Public Nuisance Problems Associated with Problem Alcoholic Beverage Outlets g. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with the San Bruno Improvement Group to Implement Programs and Events Downtown, and Determining the Project is Exempt Under the California Environmental Quality Act (CEQA)
h. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Section 2.04.140 of the San Bruno Municipal Code to Increase City Council Member Salaries”

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Hold Public Hearing to (1) Consider Adoption of a Resolution Making Draft Findings and Declaring an Intent to Propose Overriding the San Mateo City/County Association of Governments (C/CAG) Airport Land Use Commission’s (ALUC) Determination of Inconsistency pursuant to Public Utilities Code Section 21676 with respect to the Proposed Tanforan Planned Development of 1122, 1150, 1178 and 1188 El Camino Real and 1292 Huntington Avenue and Provide Notice Pursuant to the State Public Utilities Code to the Airport Land Use Commission and the State Of California Department of Transportation’s Division of Aeronautics Regarding Such Findings and Intent to Propose an Override, and (2) Authorize the City Manager to Submit the Resolution to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics and Schedule a Public Hearing to Consider Adoption Pursuant to Public Utilities Code Section 21676

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS

10. ADJOURNMENT – The next Regular City Council Meeting will be held on October 14, 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 September 18, 2025, by 9:00 pm.

2 of 88

"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
September 23, 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/84288293820?
pwd=sI9b1sanYwb8zzDShZca3OpJZR3pL1.1
Phone Line: 1­646­558­8656
Webinar ID: 842 8829 3820
Webinar Password:  700330
*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. The Fall Community Clean­Up Event with Recology is happening on Saturday, October 12th from 8:00­​11:00 am at 975 Sneath Lane. San Bruno residents are invited to bring unwanted bulk items to this self­service drop­​off event. Each household may dispose of up to 3 cubic yards of materials.
b. The Fall Compost Giveaway with Recology is happening on Saturday, October 11th and Sunday, October 12th from 8:00­11:00 am at Lions Field. Residents are welcome to take home a free bucket of compost to help enrich their gardens. This is a self­​service event ​please bring your own bucket. One 5­gallon bucket per resident.
c. View the Mayor’s State of the City Address Video
d. Proclamation Recognizing October 5­11, 2025 as Fire Prevention Week e. Proclamation Recognizing October 2025 as Breast Cancer Awareness Month f. Proclamation Recognizing October, 2025 as Community Planning Month g. Proclamation Recognizing October 2025 as Domestic Violence Awareness Month h. Proclamation Recognizing October 2025 as National Filipino American Heritage Month i. Receive Presentation from the San Bruno Delegation on their trip to Narita, Japan

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 Accounts Payable for September 9, 2025
b. Accept Payroll for September 7, 2025
c. Approve Investment Report Dated July 31, 2025 and August 31, 2025 d. Consider Adoption of a Resolution:

Approving the Design of the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project;
Authorizing the City Manager to Execute a Construction Contract with K.J. Woods Construction, Inc. for the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project in the amount not to exceed $1,756,800;
Approving a Construction Contingency of $265,000;
Appropriating $1,500,000 from the Wastewater Enterprise Fund to the Shelter Creek Sewer Main Replacement Project;
Approving a Total Amended Project Budget in the Amount of $2,800,000; and Determining the Project is Exempt Under the California Environmental Quality Act e. Consider Adoption of a Resolution Accepting the Acappella Well Project (Commodore Park Well Replacement) – Phase I as Complete; Authorizing the Filling of Notice of Completion with the San Mateo County Recorder’s Office; and Authorizing the Release of the Construction Contract Retention in the Amount of $46,034.60
f. Consider Adoption of a Resolution Authorizing the Receipt and Expenditure of $75,000 in California Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership Grant Funds to Develop an Effective, Comprehensive, and Strategic Approach to Eliminate the Crime and Public Nuisance Problems Associated with Problem Alcoholic Beverage Outlets g. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with the San Bruno Improvement Group to Implement Programs and Events Downtown, and Determining the Project is Exempt Under the California Environmental Quality Act (CEQA)
h. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Section 2.04.140 of the San Bruno Municipal Code to Increase City Council Member Salaries”

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Hold Public Hearing to (1) Consider Adoption of a Resolution Making Draft Findings and Declaring an Intent to Propose Overriding the San Mateo City/County Association of Governments (C/CAG) Airport Land Use Commission’s (ALUC) Determination of Inconsistency pursuant to Public Utilities Code Section 21676 with respect to the Proposed Tanforan Planned Development of 1122, 1150, 1178 and 1188 El Camino Real and 1292 Huntington Avenue and Provide Notice Pursuant to the State Public Utilities Code to the Airport Land Use Commission and the State Of California Department of Transportation’s Division of Aeronautics Regarding Such Findings and Intent to Propose an Override, and (2) Authorize the City Manager to Submit the Resolution to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics and Schedule a Public Hearing to Consider Adoption Pursuant to Public Utilities Code Section 21676

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS

10. ADJOURNMENT – The next Regular City Council Meeting will be held on October 14, 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 September 18, 2025, by 9:00 pm. 3 of 88

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: September 23, 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 page 1 inclusive for checks dated September 9, 2025, and/or claims numbered from 216596 through 216631 inclusive, totaling $430,043.38, 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 $330.89
133 Restricted Revenues $24.00
137 Developer Project Contributions $21,050.00
141 Community Development $2,796.95
142 Recreation & Aquatics Center (RAC) $5,772.00
201 Parks and Facilities Capital $8,352.00
203 Street Improvement Projects $323,224.00
611 Water Fund $42,382.72
631 Wastewater Fund $2,822.25
702 Facility Maintenance Fund $1,342.00
707 Technology Development $8,048.23
711 Self-Insurance $13,898.34
TOTAL FOR APPROVAL $430,043.38
Respectfully submitted,
_________________________
Chief Financial Officer Date
Docusign Envelope ID: D09C9471-F4C3-40D6-AEDE-0A45F2A121BE 9/17/2025
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Item 6a.
9/9/2025 11:05:21AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: dliu
Vendor Code & Name Check # Check Date Amount
0000163 AIRPORT AUTO PARTS INC. 216596 1,281.779/9/2025 0018465 AT&T MOBILITY 216597 44.879/9/2025
0109613 BAYSPORT PREVENTIVE MEDICAL GROUP 216626 50.009/9/2025 0108691 BEARCLOUD 216598 7,646.829/9/2025
0106408 CHRIS DE LA CRUZ 216603 1,260.009/9/2025
0112351 CREATIVE COLLECTIVE SF 216601 5,772.009/9/2025 0018331 CSG CONSULTANTS INC. 216602 19,478.009/9/2025 0018759 DENNIS MOLLOY 216620 250.009/9/2025
0093479 DEPARTMENT OF JUSTICE 216604 3,872.009/9/2025 0112396 DONNA GURNE 216609 130.089/9/2025
0017300 ENVIRONMENTAL HEALTH FEE 216606 10,060.009/9/2025 0102989 GOT POWER INC. 216607 20,697.049/9/2025
0095966 GREAT AMERICA FINANCIAL SVC. 216608 280.669/9/2025 0112300 HUGH LI 216615 1,187.259/9/2025
0000581 IRVINE & JACHENS INC. 216611 306.479/9/2025
0097746 JOE VALIENTE 216629 500.009/9/2025
0000771 JT2 INTEGRATED RESOURCES 216612 13,898.349/9/2025 0110872 KRISTIE WOO 216630 1,137.959/9/2025
0000317 L.N. CURTIS & SONS 216614 527.779/9/2025
0112392 MBZ INC 216616 11.669/9/2025
0111797 MCKIM CORPORATION 216617 307,062.809/9/2025
0111960 MES SERVICE COMPANY, LLC 216619 3,000.219/9/2025 0112311 MONICA GUTIERREZ 216610 83.999/9/2025
0112393 NANCY PETERSEN 216625 22.739/9/2025
0108142 NATHANIEL MENDOZA 216618 100.009/9/2025
0109974 NOAH AGIUS 216595 500.009/9/2025
0110243 ODP BUSINESS SOLUTIONS, LLC 216621 104.019/9/2025 0000012 PACIFIC GAS & ELECTRIC 216622 6,032.899/9/2025 0017948 PANAYIOTIS DEDES 216623 185.339/9/2025
0112391 PAUL BRAY 216599 117.329/9/2025
0095210 PAVEMENT ENGINEERING INC. 216624 10,850.009/9/2025 0112359 PROVIDENCE ENGINEERING CORP. 216627 8,352.009/9/2025 0106866 STEPHEN KADASH 216613 250.009/9/2025
0101086 T-MOBILE 216628 3,197.129/9/2025
0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 216605 496.009/9/2025 0106008 TYLER CHARLES 216600 1,260.009/9/2025
0110198 ZOOM VIDEO COMMUNICATIONS, INC 216631 36.309/9/2025 Total count: 37
GrandTotal: 430,043.38
Page: 1
Docusign Envelope ID: D09C9471-F4C3-40D6-AEDE-0A45F2A121BE

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: September 23, 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 September 12, 2025 is recommended. The Labor Summary report reflecting the total payroll amount of $2,312,329.46 for bi-weekly pay period ending September 7, 2025, by funds are shown below:

Fund Amount
Fund: 001 - GENERAL FUND 1,662,634.34
Fund: 121 - FEDERAL/ STATE GRANTS 15,012.18
Fund: 122 - SOLID WASTE/RECYCLE 4,498.01
Fund: 132 - AGENCY ON AGING 14,449.86
Fund: 133 - RESTRICTED REVENUES 8,622.04
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 4,414.81
Fund: 141 - COMMUNITY DEVELOPMENT 80,075.27
Fund: 142 - RECREATION AND AQUATICS CENTER 55,911.83
Fund: 201 - PARKS AND FACILITIES CAPITAL 347.54
Fund: 203 - STREET IMPROVE. PROJECTS 20,367.01
Fund: 207 - TECHNOLOGY CAPITAL 4,745.62
Fund: 611 - WATER FUND 119,255.01
Fund: 621 - STORMWATER FUND 32,035.29
Fund: 631 - WASTEWATER FUND 93,757.64
Fund: 641 - CITYNET SERVICES FUND 100,252.83
Fund: 701 - CENTRAL GARAGE 18,908.31
Fund: 702 - FACILITY MAINT.FUND 43,705.31
Fund: 707 - TECHNOLOGY DEVELOPMENT 26,951.56
Fund: 711 - SELF INSURANCE 6,385.00
Total: 2,312,329.46
________________________________________________ ____ ________ Nick Pegueros, CFO / Administrative Services Director Date Docusign Envelope ID: 1C17D303-A6CA-4DE9-8CF7-56683A761C24 9/16/2025
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: September 23, 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
Diana Agcaoili, EIT, Assistant Engineer
SUBJECT: Consider Adoption of a Resolution:
 Approving the Design of the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project;  Authorizing the City Manager to Execute a Construction Contract with K.J. Woods Construction, Inc. for the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project in the amount not to exceed $1,756,800;
 Approving a Construction Contingency of $265,000;
 Appropriating $1,500,000 from the Wastewater Enterprise Fund to the Shelter Creek Sewer Main Replacement Project;
 Approving a Total Amended Project Budget in the Amount of $2,800,000; and
 Determining the Project is Exempt Under the California Environmental Quality Act
BACKGROUND:

The Shelter Creek Sewer Main Replacement Project is a capital improvement project to rehabilitate the sewer pipe within Shelter Creek Lane. The sewer main had been inspected and identified as being significantly corroded. This project is being performed to provide a more reliable sewer system.

During the design phase, staff identified undersized and deteriorated sewer pipes downstream of the original project limits, on San Bruno Avenue between Cherry Avenue and Traeger Avenue. Additionally, this section was identified in the City’s Sewer Master Plan (“SMP”) as a recommended segment for replacement or rehabilitation. The sewer pipe was determined to be aged and undersized with recurring maintenance issues. Due to the maintenance issues and its proximity to the initial project area, the project limits were expanded to replace the sewer pipe in this segment. This added scope aims to prevent sanitary sewer overflows in the neighborhood.

The Portola Watershed Storm Drain Trunk Line Repair was added to project as a bid additive alternate. The Portola Storm Drain Repair was one of the capital improvements projects to address approximately 200 linear feet of corroded corrugated metal pipe (“CMP”) for rehabilitation. During the design phase of the Portola Storm Drain Repair, staff reached out to specialized contractors who can perform the work by force account. Based on the cost estimate received, it was significantly above the authorized force account amount and engineer’s 15 of 88
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estimate. Due to the minimal scope and high cost estimate, staff included it as a Bid Additive Alternate A to help reduce project costs.

DISCUSSION:

The Shelter Creek Sewer Main Replacement Project and Portola Watershed Storm Drain Trunk Line Repair Project (“Project”) Design, which consists of plans and specifications on file with the Public Works Department, was completed in July 2025.

In July 2025, staff issued a notice inviting bids for the construction of the Project. Notice to bidders was sent to contractors in the City’s contractor list, posted on the City’s website, and provided to construction distribution advertisement centers. The project was also advertised twice in the San Mateo Times newspaper on July 25 and August 1, 2025. Staff held a non- mandatory pre-bid meeting on August 8, 2025.

A total of one (1) bid was received and opened on August 25, 2025. Staff contacted other contractors on the City’s plan holders list who did not submit a bid, and they indicated they were busy with other projects. A summary of the bid results is provided below.

Contractor Base Bid
(Basis of Award)
Bid Additive
Alternate A
Base Bid + Bid
Additive Alternate A

1. K.J. Woods
Construction, Inc
$1,488,000.00 $268,800.00 $1,756,800
Engineer’s Estimate $1,139,995.50 $58,117.50 $1,198,113 Staff reviewed the bid materials and determined K.J. Woods Construction, Inc. to be responsive and responsible bidder. Based on the bid results, the bid received was above the engineer’s estimate due to increased material cost and limited contractor availability.

The bid additive alternate A amount received is lower than the cost estimate received for the Portola Watershed Storm Drain Trunk Line Repair.

Staff recommends awarding the base bid and bid additive alternate A in the amount of $1,756,800 to K.J. Woods Construction, Inc., which has offices located in South San Francisco, CA and has successfully completed sewer construction work for public agencies in the Bay Area including for the cities of San Francisco, Belmont, Millbrae, Mountain View and Napa, and the County of Contra Costa. Based on their experience and performance, staff have determined that K.J. Woods Construction, Inc. meets the qualifications to perform the work for the Project as specified in the contract documents.

Construction work will be limited to the hours of 8:00 am to 5:00 pm Monday through Friday, excluding holidays. Construction will be performed in a manner to minimize disruptions to sewer services. Other construction impacts will include temporary roadway closures, on-street parking, noise, and dust.

To increase capacity to deliver projects, staff is bringing on comprehensive construction inspection support so that staff can continue to deliver additional capital improvement projects. Consolidated CM is on the City’s pre-qualified list for construction inspection services.

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Material testing services are required to ensure materials used on the project meet the relevant standards.

FISCAL IMPACT:

The FY 2025-26 CIP budget includes an allocation of $900,000 from the Wastewater Fund for the Shelter Creek Sewer Main Replacement Project (Project #31016). Due to the expansion of the project scope and limits of the Shelter Creek Sewer Main Replacement Project, this amount is not sufficient to fund the estimated total project cost of approximately $2,400,000 for the work related to the sewer main project. An additional $1,500,000 is needed to fund the project and staff recommend appropriating an additional $1,500,000 from the Wastewater Enterprise Fund to Project #31016.

The Portola Watershed Storm Drain Trunk Line Repair Project (Project #21017) is a project within the approved CIP budget in the amount of $400,000 and will fund approximately $400,000 for the work related to the storm drain project.

The approximate combined total project cost of the Shelter Creek Sewer Main Replacement Project and the Portola Storm Drain Repair Project is $2,800,000.

The estimated project costs are as follows:

Shelter Creek
Sewer Main
Replacement
Project
Portola Storm
Drain Repair
Project
Total
Design Consultant (Wilsey Ham) $249,168 $22,722 $271,890 Staff Management during Design $115,000 $10,000 $125,000 Construction Contract (K.J. Woods
Construction Inc.)
$1,488,000 $268,800 $1,756,800
Construction Contingency (15%) $225,000 $40,000 $265,000 Construction Management (In-house) $100,000 $18,000 $118,000 Construction Inspection (Consolidated CM) $109,833 $30,000 $139,833 Material Testing $75,000 $10,000 $85,000
Total (Rounded) $2,400,000 $400,000 $2,800,000
ENVIRONMENTAL IMPACT:

This project falls within the Categorical Exemption set forth in CEQA Guidelines, Section 15301 (b) and 15302(c), which exempts the replacement or reconstruction of existing utility systems.

RECOMMENDATION:

Adopt a Resolution:
Approving the Design of the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project;

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Authorizing the City Manager to Execute a Construction Contract with K.J. Woods Construction, Inc. for the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project in the amount not to exceed $1,756,800;
Approving a Construction Contingency of $265,000;
Appropriating $1,500,000 from the Wastewater Enterprise Fund to the Shelter Creek Sewer Main Replacement Project;
Approving a Total Project Budget in the Amount of $2,800,000; and Determining the Project is Exempt Under the California Environmental Quality Act ALTERNATIVES:

1. Reject all bids and direct staff to re-advertise the project. This action could result in higher bids and will delay the completion of the Shelter Creek Sewer Main Replacement Project and Portola Watershed Storm Drain Trunk Line Repair Project.

2. Award only the base bid and advertise Portola Watershed Storm Drain Trunk Line Repair Project on its own. This action could result in higher bids and would delay construction of Portola Storm Drain Repair. Costs will be incurred to repackage and re- advertise the work and costs of construction may increase.

3. Do not award the construction contract and do not complete the project.

ATTACHMENTS:

1. Resolution

2. 2025-26 CIP Budget Sheets

3. Location Map

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1 RESOLUTION NO. 2025 - __

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

DESIGN OF THE SHELTER CREEK SEWER MAIN REPLACEMENT AND PORTOLA WATERSHED STORM DRAIN TRUNK LINE REPAIR PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH K.J. WOODS CONSTRUCTION, INC. FOR THE SHELTER CREEK SEWER MAIN REPLACEMENT AND

PORTOLA WATERSHED STORM DRAIN TRUNK LINE REPAIR PROJECT IN THE AMOUNT NOT TO EXCEED $1,756,800; APPROVING A CONSTRUCTION CONTINGENCY OF $265,000; APPROPRIATING $1,500,000 FROM THE WASTEWATER ENTERPRISE FUND TO THE SHELTER CREEK SEWER MAIN REPLACEMENT PROJECT; APPROVING A TOTAL PROJECT BUDGET IN THE AMOUNT OF $2,800,000; AND DETERMINING THE

PROJECT IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the Shelter Creek Sewer Main Replacement Project is a capital improvement project to rehabilitate the sewer pipe within Shelter Creek Lane; and WHEREAS, this project is being performed to provide a more reliable sewer system; and WHEREAS, due to maintenance issues and its proximity to the initial project area, the project limits were expanded to replace undersized and deteriorated sewer pipe on San Bruno Avenue, between Cherry Avenue and Traeger Avenue; and
WHEREAS, this added scope aims to prevent sanitary sewer overflows in the neighborhood; and
WHEREAS, the Portola Watershed Storm Drain Trunk Line Repair was one of the capital improvements projects and was added to project as a bid additive alternate; and WHEREAS, the Shelter Creek Sewer Main Replacement Project and Portola Watershed Storm Drain Trunk Line Repair Project (“Project”) Design, which consists of plans and specifications on file with the Public Works Department, was completed in July 2025; and WHEREAS, a total of one (1) bid was received and opened on August 25, 2025; and WHEREAS, K.J. Woods Construction, Inc. submitted a base bid in the amount of $1,488,000 and a bid additive alternate A of $268,800; and WHEREAS, the bid received was above the engineer’s estimate due to increased material cost and limited contractor availability; and
WHEREAS, staff reviewed the bid materials and determined K.J. Woods Construction, Inc. to be responsive and responsible bidder; and
WHEREAS, the bid additive alternate A amount received is lower than the cost estimate received for the Portola Watershed Storm Drain Trunk Line Repair; and WHEREAS, staff recommends awarding the base bid and bid additive alternate A in the amount of $1,756,800 to K.J. Woods Construction, Inc.; and 19 of 88
ATTACHMENT 1
2 WHEREAS, the FY 2025-26 CIP budget for the project includes an allocation of $900,000 from the Wastewater Fund for the Shelter Creek Sewer Main Replacement Project; and
WHEREAS, due to the expansion of the project scope and limits of the Shelter Creek Sewer Main Replacement Project, this amount is not sufficient to fund the estimated total project cost of approximately $2,400,000 for the work related to the sewer main project; and WHEREAS, staff recommend appropriating an additional $1,500,000 from the Wastewater Enterprise Fund to the Shelter Creek Sewer Main Replacement Project; and WHEREAS, the Portola Watershed Storm Drain Trunk Line Repair Project is a project within the approved CIP budget in the amount of $400,000 and will fund approximately $400,000 for the work related to the storm drain project; and WHEREAS, the approximate combined total project cost of the Shelter Creek Sewer Main Replacement Project and the Portola Storm Drain Repair Project is $2,800,000; and WHEREAS, this project falls within the Categorical Exemption set forth in CEQA Guidelines, Section 15301 (b) and 15302(c), which exempts the rehabilitation and replacement of existing utility systems.

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

1. Approves the Design of the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project;

2. Authorizes the City Manager to Execute a Construction Contract with K.J. Woods Construction, Inc. for the Shelter Creek Sewer Main Replacement and Portola Watershed Storm Drain Trunk Line Repair Project in the amount not to exceed $1,756,800;

3. Approves a Construction Contingency of $265,000;

4. Approves appropriating $1,500,000 from the Wastewater Enterprise Fund to the Shelter Creek Sewer Main Replacement Project;

5. Approves a Total Project Budget in the Amount of $2,800,000; and

6. Determines the Project is Exempt Under the California Environmental Quality Act ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on September 23, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk

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ATTACHMENT 2
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Shelter Creek Sewer Main Replacement Project
Portola Watershed Storm Drain
Trunk Line Repair Project
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: September 23, 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
Ibraheem Mosa, Assistant Engineer
SUBJECT: Consider Adoption of a Resolution Accepting the Acappella Well Project (Commodore Park Well Replacement) – Phase I as Complete; Authorizing the Filling of Notice of Completion with the San Mateo County Recorder’s Office; and Authorizing the Release of the Construction Contract Retention in the Amount of $46,034.60
BACKGROUND:

The City receives water from three supply sources: the San Francisco Public Utilities Commission (SFPUC), local groundwater through production wells, and North Coast County Water District (NCCWD). Well No. 15, located at Commodore Park, had been a significant source of the City’s water production until it was placed out of service in 2010. In the intervening years, the SFPUC water rates significantly increased and are projected to further increase.

These escalating costs are passed on to San Bruno water customers and emphasize the need for the City to replace Well No. 15 and maintain its ability to produce water and meets its water supply needs, particularly during drought years.

Well No. 15 was deactivated in 2010 due to low production requiring constant maintenance.

Between 2010 and 2021, well testing was performed at multiple sites to determine the most suitable well replacement location and rights-of-way were obtained. In May 2021, the City Council authorized a contract with Luhdorff & Scalmanini for the Design of the Acappella Well Project (Commodore Park Well Replacement) – Phase I (“Project”). The City executed an agreement for project management services for the project with CSG Consultants.

The Project will be completed in two phases. The first phase will consist of designing and constructing a production well and the second phase will consist of completing the design and constructing the well facilities, which includes the structure and treatment system.

DISCUSSION:

On December 10, 2024, the City Council approved a construction contract with Roadrunner Drilling and Pump Company, Inc. in the amount not to exceed $918,967 with a construction contingency of $138,000. Change orders were issued during the construction due to additional fill that needed to be removed inside Well No. 15, additional standby time caused by delays in discharging water into the sewer system, and the adjustment of actual quantities completed.

The combined change order amount is $1,725, which increases the final contract amount to $920,692. The project was completed under budget and without any issues. 25 of 88
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Roadrunner Drilling and Pump Company began the project in May 2025. All construction work under this contract has been completed to the satisfaction of the City’s project management team.

The construction contract included a five percent (5%) retention, totaling $46,034.60, which was withheld by the City. Staff recommends that the City Council accept the project as complete, authorize the filing of a Notice of Completion with the San Mateo County Recorder’s Office, and approve the release of the contract retention.

FISCAL IMPACT:

The Acappella Well Project (Commodore Park Well Replacement) – Phase I is a project within the adopted FY 2025-26 CIP with an approved CIP budget of $8,348,016. As detailed below, the total expenditure for the project is approximately $1,880,458. This includes project expenditures dating back to the project start in 2010. The remaining budget will be used for Phase II of the project. The City is currently negotiating a reimbursement agreement that includes cost sharing with the San Francisco Public Utilities Commission for Phase II.

Description Expenditure
Project Management Services (CSG) $ 135,000
Staff Management (2021-2025) $ 140,000
Construction Contract (Roadrunner Drilling and Pump
Company)
$ 920,692
Design, Construction Management, and Inspection
(LSCE)
$ 140,000
Project Costs between 2010-2021 $ 544,766
Total Rounded $ 1,880,458
ENVIRONMENTAL IMPACT:

This Project falls within the Statutory Exemption set forth in CEQA Guidelines, Section 15302(c), which exempts the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.

RECOMMENDATION:

Consider Adopting a Resolution:
• Accepting the Acappella Well Project (Commodore Park Well Replacement) – Phase I as complete;
• Authorizing the filing of Notice of Completion with the San Mateo County Recorder’s Office; and
• Authorizing the release of the construction contract retention in the amount of $46,034.60
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ALTERNATIVES:

1. Do not accept the construction contract as complete and do not authorize filing of a Notice of Completion.

ATTACHMENTS:

1. Resolution

2. Project Acceptance Form
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1 RESOLUTION NO. 2025 - __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO ACCEPTING THE ACAPPELLA WELL PROJECT (COMMODORE PARK WELL REPLACEMENT) – PHASE I AS COMPLETE; AUTHORIZING THE FILING OF NOTICE OF COMPLETION WITH THE SAN MATEO COUNTY RECORDER’S OFFICE; AND AUTHORIZING RELEASE OF THE CONSTRUCTION CONTRACT RETENTION IN THE AMOUNT OF $46,034.60
WHEREAS, the City’s Capital Improvement Program (CIP) includes the Acappella Well Project (Commodore Park Well Replacement) (“Project”); and WHEREAS, improvements consist of the construction of a production well; and WHEREAS, the purpose of the project is to replace the Commodore Park Well, which ceased operation in 2010; and
WHEREAS, on December 10, 2024 the City Council approved a construction contract with Roadrunner Drilling and Pump Company in the amount not to exceed $918,967 with a construction contingency of $138,000; and
WHEREAS, change orders were issued to Roadrunner Drilling and Pump Company during the construction due to additional fill needed to be removed, additional standby time, and the adjustment of actual quantities completed; and
WHEREAS, the combined change order amount was $1,725, which increases the final contract amount to $920,692; and
WHEREAS, Roadrunner Drilling and Pump Company began the project in May 2025; and WHEREAS, all construction work as part of this contract has been completed to the satisfaction of the City’s project management team; and WHEREAS, the construction contract requires the filing of a Notice of Completion of this project with the San Mateo County Recorder’s Office and release of the construction contract retention in the amount of $46,034.60 in accordance with the contract documents upon the acceptance of the project as complete.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno as follows:
 Accepts the Acappella Well Project (Commodore Park Well Replacement – Phase I as complete;
 Authorizes the filing of a Notice of Completion with the San Mateo County Recorder’s Office; and
 Authorizes release of the construction contract retention in the amount of $46,034.60. ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on September 23, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
1 PUBLIC WORKS DEPARTMENT
Capital Improvement Program
Project Acceptance Information Form
As of August 25, 2025
Contract Name:

Acapella Well Replacement
Project Phase 1 Well
Development
Contract No.: 84709
Construction Contractor: Roadrunner Drilling and Pump Company, Inc.

Project Management
Services CSG Consultants, Inc.

Construction
Management and
Inspection Services
Luhdorff & Scalmanini
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ATTACHMENT 2
2 Project Information:

Project Description:

This project consists of abandoning an existing water supply well, grouting in-place a steel conductor casing, maintaining a drilling fluid program, drilling a production borehole beneath the conductor casing, performing surveys in the completed borehole, installing casing assembly, equipping the casing with centralizers, installing a still well in the casing, installing a gravel fill pipe, installing a graded gravel envelope, and placing sand/cement annular seal.

Construction
Contract Award: Roadrunner Drilling and Pump Company, Inc. – February 13, 2025 Start of
Construction: May 2025
Contract Change
Orders (CCO):

Change orders were issued to Roadrunner Drilling and Pump Company, Inc. during the construction due to unforeseen conditions and fluid discharge changes. The change orders included work related to removal of additional 12 feet of fill in Well 15, additional 16.5 hours of stand-by time caused by fluid discharge delays, and the adjustment of actual quantities completed. The change orders with quantities adjustment totaled $1,725.

Substantial
Completion: July 2025
Final Completion: September 2025
Notice of
Completion: Scheduled for filing on September 26, 2025

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3 Construction Project Costs:

Budget Actual
AVAILABLE PROJECT CAPITAL BUDGET $ 8,348,016
TOTAL PROJECT $ 8,348,016 $ 1,880,458
Project Costs between 2010-2021 $ 544,766 $ 544,766
Staff Management (2021-2025) $ 150,000 $ 140,000
Project Management Services (CSG) $ 280,000 $ 135,000
Design, Construction Management, and Inspection
(Luhdorff & Scalmanini, Consulting Engineers) $ 609,278 $ 140,000 Construction Contract (Roadrunner Drilling and Pump
Company, Inc.) $ 918,967 $ 920,692
Contingency $ 138,000
Contract Change Orders CCOs $ 1,725

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: September 23, 2025
TO: Honorable Mayor and Members of City Council
FROM: Alex McIntyre, City Manager
PREPARED BY: Jeremy Brandenburg, Captain
SUBJECT: Consider Adoption of a Resolution Authorizing the Receipt and Expenditure of $75,000 in California Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership Grant Funds to Develop an Effective, Comprehensive, and Strategic Approach to Eliminate the Crime and Public Nuisance Problems Associated with Problem Alcoholic Beverage Outlets
BACKGROUND:

The San Bruno Police Department applied for and has been awarded grant funds in the amount of $75,000 from the California Department of Alcoholic Beverage Control (ABC) through its Alcohol Policing Partnership (APP) Program. This program is designed to provide funding to law enforcement agencies to develop effective, comprehensive, and strategic approaches to eliminate crime and public nuisance problems associated with problematic alcoholic beverage outlets.

Through this grant, the Police Department will implement operations and programs targeting underage drinking, the furnishing of alcoholic beverages to minors, and other alcohol-related crimes in the community. The award period runs from July 1, 2025, through June 30, 2026.

DISCUSSION
:

Grant funds will be used to implement a multi-faceted approach involving education, prevention, and enforcement activities:
 Minor Decoy Operations: Conducting at least five (5) operations at both on-sale and off- sale licensed establishments to deter sales to minors.
 Shoulder Tap Operations: Conducting at least four (4) operations, including participation in the statewide Shoulder Tap Operation, to detect and deter adults purchasing alcohol for minors.
 IMPACT Inspections: Conducting at least five (5) Informed Merchants Preventing Alcohol-Related Crime Tendencies inspections to educate licensees on alcohol laws and identify areas of non-compliance.
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Item 6f.

Honorable Mayor and Members of the City Council
September 23, 2025

Page 2 of 2 ends

7 3
Plain Clothes Operations: Conducting at least three (3) plain clothes enforcement operations targeting alcohol-related violations, such as sales to obviously intoxicated individuals and other illegal activities.
LEAD Training: Hosting and advertising at least one (1) Licensee Education on Alcohol and Drugs (LEAD) training session.
Public Awareness: Issuing press releases and utilizing social media to announce program launches and enforcement results to increase deterrence and public awareness.

These activities aim to reduce underage drinking, DUI-related collisions, and other alcohol- related quality-of-life issues in San Bruno. The Police Department will also collaborate with the California Department of Alcoholic Beverage Control throughout the grant period to ensure program compliance and reporting requirements.

The award period runs from July 1, 2025, through June 30, 2026.

FISCAL IMPACT:

The fiscal impact for this item is $75,000.00, which will cover all the grant activities outlined above. These expenditures will be reimbursed by the grantee once the expenditures are made.

This item requires a budget appropriation in the amount of $75,000, but the grant reimbursements will create offsetting revenue in the same amount for FY25/26, resulting in no net fiscal impact to the city.

ENVIRONMENTAL IMPACT:

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

RECOMMENDATION:

Staff recommends that council adopt a resolution authorizing the receipt and expenditure of $75,000 in California Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership (APP) grant funds.

ALTERNATIVES:

City Council could choose to decline to adopt the Resolution and forego acceptance of the grant funds.

ATTACHMENTS:

1. Resolution Authorizing the Receipt and Expenditure of $75,000 in California Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership Grant Funds to Develop an Effective, Comprehensive, and Strategic Approach to Eliminate the Crime and Public Nuisance Problems Associated with Problem Alcoholic Beverage Outlets

2. Grant Agreement 25-APP38

3. Grant Exibits 25-APP38

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1 RESOLUTION NO. 2025 - __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AUTHORIZING THE RECEIPT AND EXPENDITURE OF $75,000 IN CALIFORNIA DEPARTMENT OF

ALCOHOLIC BEVERAGE CONTROL (ABC) ALCOHOL POLICING PARTNERSHIP GRANT FUNDS 25-APP-38
WHEREAS, The San Bruno Police Department is charged with providing for the safety and security of the people within City limits and beyond; and WHEREAS, there are challenges in San Bruno associated with problematic alcoholic beverage outlets that negatively impact that safety, security, and wellbeing of the community; and
WHEREAS, increased education and enforcement time with public nuisance problems associated with problematic alcoholic beverage outlets can reduce those negative impacts; and WHEREAS, funding the overtime, equipment, and other expenses associated with this education and enforcement presents a fiscal challenge for the City; and WHEREAS, the San Bruno Police Department and the California Department of Alcoholic Beverage Control (ABC) have collaborated to establish goals and objectives for the grant period to develop effective, comprehensive, and strategic approaches to eliminate crime and public nuisance problems associated with problematic alcoholic beverage outlets; and WHEREAS, the City of San Bruno, through the San Bruno Police Department, applied for and has been awarded grant funds from the California Department of Alcoholic Beverage Control (ABC) through its Alcohol Policing Partnership (APP) Program (Grant 25 -APP38); and NOW THEREFORE, BE IT RESOLVED that the Chief of Police for the San Bruno Police Department or their designee is authorized to execute on behalf of the City of San Bruno the attached agreement, including any extensions or amendments thereof and any subsequent contract with the state in relation thereto.

BE IT FURTHER RESOLVED that the FY25-26 budget be amended to make an appropriation in the amount of $75,000.00 for expenditure of these grant funds.

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on September 23, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
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ATTACHMENT 2
Agreement Number: 25-APP38
City of San Bruno through the San Bruno Police Department

Page 1 of 2 ends

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Polici ng P
artnership program. This program is intended to work with law enforcement agencies to develop an ef
fective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.
• C
ontractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informe d M
erchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These p rograms target both ABC licensed premises and individuals who furnish alcoholic beverages to the underag e oper
ators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:

1. The oper
ation period of the grant is July 1, 2025 through June 30, 2026.

2. C
ontractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

3. M
inor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.

4. S
houlder Tap operations are used to detect and deter adult furnishers outside of a licens ed bus
iness. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to appr
ehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

5. I
nformed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol -related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.

II. GOALS AND OBJECTIVES

1. C
onduct at least five (5) Minor Decoy operations.

2. C
onduct at least four (4) Shoulder tap operations, including the Statewide Shoulder tap operation.

3. C
onduct at least five (5) IMPACT operations.
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ATTACHMENT 3

Agreement Number: 25-APP38
City of San Bruno through the San Bruno Police Department

Page 2 of 2 ends

4. Conduct at least three (3) Plain Clothes operations.

5. Advertise at least one (1) LEAD training.

6. Provide press/social media releases on grant enforcement activities.

A. To announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).

7. Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.

8. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.”

Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15 th of the following month.

III. PROJECT REPRESENTATIVES

The project representatives during the term of this agreement will be:

San Bruno Police Department
Scott Smithmatungol, Sergeant
1177 Huntington Avenue
San Bruno, CA 94066
(650) 515-2296
[email protected]
Department of Alcoholic Beverage Control
Aaron Perry, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-5169
[email protected]

Direct all fiscal inquiries to:

San Bruno Police Department
Leslie Salazar, Management Analyst
1177 Huntington Avenue
San Bruno, CA 94066
(650) 616-7110
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]

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Agreement Number: 25-APP38
City of San Bruno through the San Bruno Police Department

Page 1 of 3 ends

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs.

• Invoices shall clearly reference this contract number (25-APP38) and must not exceed the contract total authorized amount of $75,000.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control .

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834

• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100- 101-3036, Budget Act, Statues of 2025.

• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2025 and on or before the project termination date , June 30, 2026.

• Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged.

• Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.

• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.

• Title shall be reserved to the State for any State- furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs.

• Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.

Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.

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Agreement Number: 25-APP38
City of San Bruno through the San Bruno Police Department

Page 2 of 3 ends

II. BUDGET DETAIL

COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
Sergeant ($150.00/hourly) $67,500.00
Benefits – 7.65% $2,818.00
TOTAL Personnel $70,318.00
B. Operating Expenses (receipts required)
Room rental for LEAD class $1,182.00
Decoy/Buy Funds $500.00
TOTAL Operating $1,682.00
C. Equipment (receipts required, must be purchased by 12/31) n/a $0.00
TOTAL Equipment $0.00
D. Travel Costs
Registration, lodging, per diem $3,000.00
TOTAL Travel $3,000.00
GRANT TOTAL $75,000.00

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Agreement Number: 25-APP38
City of San Bruno through the San Bruno Police Department

Page 3 of 3 ends

III. BUDGET CONTINGENCY CLAUSE

• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

IV. PROMPT PAYMENT CLAUSE

• Payment will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.

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General Terms and Conditions (GTC 02/2025)

EXHIBIT C

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

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8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.

Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

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13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

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16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

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20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:

1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)

b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

c. Notification shall be provided to the State designee identified in this Contract.

d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.

e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.

f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.

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Agreement Number: 25-APP38
City of San Bruno through the San Bruno Police Department

Page 1 of 1 ends

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2025, for the purposes of this program.

4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: September 23, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Patrick O’Malley, Community Services Supervisor Travis M. Karlen, Community Services Director
SUBJECT: Consider Adoption of a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with the San Bruno Improvement Group to Implement Programs and Events Downtown, and Determining the Project is Exempt Under the California Environmental Quality Act (CEQA)
BACKGROUND:

The San Bruno Improvement Group (SBIG) is a 501(c)(3) nonprofit dedicated to creating a vibrant and thriving downtown San Bruno. Through business engagement, public art, placemaking, and community events, SBIG works to build economic vitality and foster community pride.

In 2024–25, the City of San Bruno partnered with SBIG informally on a variety of small-scale downtown events and initiatives. These efforts demonstrated the potential of a stronger public- private partnership to bring ongoing activation, increase foot traffic to businesses, and enhance the overall sense of place in the Centennial Plaza and downtown corridor.

To formalize this collaboration, City staff and SBIG developed a Memorandum of Understanding (MOU) that outlines shared responsibilities, funding commitments, and communication protocols.

DISCUSSION:

The Community Services Department oversees events and activations throughout San Bruno and recognizes downtown as a critical hub for community identity and economic growth.

Partnering with SBIG through this MOU ensures a consistent, coordinated approach to programming and activation in the downtown core with an established 501 (c)(3).

The purpose of this MOU is to establish a formal partnership between the City of San Bruno and SBIG to coordinate, fund, and deliver consistent downtown events and activations, particularly within Centennial Plaza. It establishes the commitment that both parties contribute financial resources, staff/volunteer support, and expertise, while promoting transparency in cost-sharing.

The overall goal is to strengthen downtown as a hub for community identity and economic growth through well-planned, collaborative programming. Under the terms of the MOU, the City 47 of 88
Item 6g.

Honorable Mayor and Members of the City Council
September 23, 2025

Page 2 of 3 ends

of San Bruno will provide up to $15,000 in financial support through a sponsorship from Comcast, along with staff resources for event permitting, marketing, logistics, and on-site coordination.

SBIG has committed to a contribution of up to $5,000 in financial support, as well as volunteer coordination, business outreach, marketing, signage, and event set-up and breakdown.

Jointly, both parties will plan and deliver one activation per month for twelve (12) consecutive months, beginning on the first Thursday of the launch month. These monthly events may feature live music, cultural programming, family activities, and other entertainment to attract a wide range of community members.

In addition, the City and SBIG may plan for occasional holiday or weekend events throughout the year, as capacity and resources allow, and as they align with City programming and staffing availability. Additional public art, placemaking activities, vendor markets, or other cultural events may also be pursued with mutual agreement.

The term of the MOU is October 1, 2025 – September 30, 2026. The agreement includes provisions for mutual indemnification, insurance coverage, quarterly evaluation, and co-branded marketing efforts. By entering this agreement, the City and SBIG will advance their shared mission of revitalizing downtown San Bruno, supporting small businesses, and creating accessible, family-friendly gathering opportunities.

FISCAL IMPACT:

The fiscal impact associated with this MOU is the City’s commitment of sponsorship dollars not to exceed $15,000, which is supported through a grant from Comcast. SBIG will provide up to $5,000 in supplemental funding.

Additionally, as the event gains momentum, additional services may be required by other departments including police support and will be absorbed through departmental budgets.

This shared financial model allows the City to expand downtown activation at a reduced cost compared to managing events independently.

ENVIRONMENTAL IMPACT:

Approval of the MOU does not constitute a “project” under the California Environmental Quality Act (CEQA). Therefore, no further environmental review is required.

RECOMMENDATION:

Adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding with the San Bruno Improvement Group to implement downtown programs and events, and determine the project is exempt under CEQA.

ALTERNATIVES:

1. Do not authorize the MOU with SBIG, and direct staff to explore alternative models for downtown activation.

2. Modify the MOU terms prior to approval.
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Honorable Mayor and Members of the City Council
September 23, 2025

Page 3 of 3 ends

ATTACHMENTS:

1. Resolution

2. FY 2025–26 MOU Between the City of San Bruno and the San Bruno Improvement Group

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1 RESOLUTION NO. 2025 -

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

THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE

SAN BRUNO IMPROVEMENT GROUP TO IMPLEMENT PROGRAMS AND EVENTS

DOWNTOWN
WHEREAS, the San Bruno Improvement Group (SBIG) was established in 2024 create a vibrant and thriving downtown San Bruno through business engagement, public art, placemaking, and community events, SBIG works to build economic vitality, foster community pride; and
WHEREAS, the Community Services Department has oversight in the activation of Downtown San Bruno and values a long-standing partnership with the SBIG as an essential contributor to downtown activations, business engagement, and cultural programming; and WHEREAS, the City of San Bruno and SBIG desire to continue their collaboration to provide funding, volunteers, and programmatic support for services including the monthly downtown activations, cultural events, family-friendly programming, placemaking, vendor markets, and other events that benefit the San Bruno community; and WHEREAS, the City and SBIG have mutually agreed to document this partnership for Fiscal Year 2025–26 through a Memorandum of Understanding (MOU), which outlines roles, responsibilities, and shared commitments; and
NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council hereby accepts the donation from Comcast.

BE IT FURTHER RESOLVED that the San Bruno City Council authorizes the City Manager to execute a Memorandum of Understanding with the San Bruno Improvement Group to implement programs and events downtown through September 30, 2026.

BE IT FURTHER RESOLVED that the San Bruno City Council authorizes a budget amendment if determined necessary.
---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on September 23, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

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

MEMORANDUM OF UNDERSTANDING
San Bruno Improvement Group
Centennial Plaza & Downtown San Bruno Activation
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ATTACHMENT 2

COMMUNITY SERVICES DEPARTMENT
2025 MOU San Bruno Improvement Group and City of San Bruno Page |2 Table of Contents
I. PURPOSE .........................................................................Error! Bookmark not defined.

II. DESCRIPTION OF COLLABORATION ............................Error! Bookmark not defined.

III. TERM.................................................................................Error! Bookmark not defined.

IV. TERMINATION FOR CONVENIENCE..............................Error! Bookmark not defined.

V. AMENDMENTS OR MODIFICATIONS .............................Error! Bookmark not defined.

VI. INDEMNIFICATION...........................................................Error! Bookmark not defined.

VII. INSURANCE .....................................................................Error! Bookmark not defined.

VIII. MOU IN WRITING .............................................................Error! Bookmark not defined.

IX. NOTICES...........................................................................Error! Bookmark not defined.

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COMMUNITY SERVICES DEPARTMENT
2025 MOU San Bruno Improvement Group and City of San Bruno Page |3

MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF SAN BRUNO AND

SAN BRUNO IMPROVEMENT GROUP
The City of San Bruno, hereinafter referred to as CITY, and the San Bruno Improvement Group, hereinafter referred to as SBIG, enter into this Memorandum of Understanding (MOU), dated as of October 1, 2025, for collaboration of programs and events in downtown San Bruno.

I. PURPOSE
The purpose of this MOU is to document the shared intent of the CITY and SBIG to work cooperatively to promote vibrancy, community pride, and economic opportunity in Downtown San Bruno. Through this MOU, the parties seek to support downtown activation efforts, including recurring and seasonal events, placemaking initiatives, public art, and local business engagement with special focus on the Centennial Plaza activation.

II. DESCRIPTION OF COLLABORATION
CITY and SBIG desire to work cooperatively to provide the following (collectively, the “EVENTS”):
Monthly Events – One activation per month for twelve (12) consecutive months, beginning on the first Thursday of the launch month, with event time to be determined. In addition to the monthly Thursday events, the CITY and SBIG may plan for occasional holiday and/or weekend events throughout the year, as capacity and resources permit, and as they coincide with programming and staffing availability at the discretion of the Community Services Director.
Additional public art, placemaking activities, vendor markets, or other cultural events as mutually agreed upon and where resources are available at the discretion of the Community Services Director.

A. CITY will, subject to the review and approval of the Director of Community Services (the “Director”):

1. Financial Commitment:

The CITY will commit up to $15,000 in financial support through a grant from Comcast for jointly planned EVENTS. These funds may be used for:
Staff time (planning, setup, on-site coordination)
Agreed-upon event supplies (e.g., décor, canopies, signage materials) Entertainment fees (e.g., performers, musicians, DJs)
Equipment rental (e.g., sound systems, generators)

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COMMUNITY SERVICES DEPARTMENT
2025 MOU San Bruno Improvement Group and City of San Bruno Page |4 Marketing and advertising (e.g., printed materials, social media boosts) Permitting and insurance costs
Other mutually agreed-upon items directly related to the execution of EVENTS

2. Staffing Commitment:

In addition to the financial support, CITY will provide staff time to assist with:
Permit coordination and processing
Event setup and takedown support
Supply delivery and logistics (e.g., tables, chairs, barricades) Marketing development and distribution
On-site coordination for City-approved event components Inclusion of the Culture and Arts Commission in selection of Artists or Entertainment

3. Additional CITY Responsibilities:
Serve as the lead agency for permits and coordination with relevant City departments. Provide event guidance, in conjunction with the Culture & Arts Commission, to ensure smooth planning and operations.
Market and promote EVENTS through CITY communication channels, including email newsletters, social media, City website, RAC flyers/posters/displays. Provide introductions to vendors with existing relationships with CITY (e.g., DJs, bands, photo booths).
Coordinate communications with internal City departments (e.g., Police, Fire, Parks, Public Works, Library) as needed.
Continue funding any CITY-run events traditionally under the Community Services Department’s purview (e.g., Holiday Tree Lighting).
Include SBIG branding in all marketing and promotional materials for jointly coordinated EVENTS.

B. SBIG will:

1. Financial Commitment:

SBIG will commit up to $5,000 to support the planning and implementation of EVENTS. These funds may be used for:

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COMMUNITY SERVICES DEPARTMENT
2025 MOU San Bruno Improvement Group and City of San Bruno Page |5 Supplemental staffing and volunteer coordination
Marketing, signage, and outreach materials
Entertainment fees and vendor expenses
Event supplies and equipment (e.g., lights, decorations) Costs associated with food/beverage coordination or giveaways Other agreed-upon items necessary for the success of EVENTS

2. Staffing and Volunteer Commitment:

SBIG will provide staff and volunteer support for:
Event planning and logistics coordination
Downtown business outreach and engagement
On-site supervision and troubleshooting
Supplemental marketing and communications

3. Additional SBIG Responsibilities:
Lead outreach to downtown businesses for participation in EVENTS. Plan, coordinate, and oversee event set-up and breakdown. Create, install, and maintain all signage related to EVENTS. Provide detailed information to vendors and participating businesses regarding logistics and event expectations.
Conduct SBIG-led marketing efforts to complement CITY promotions. Be solely responsible for financial costs associated with events that promote only SBIG initiatives, excluding jointly planned or CITY-run events. Manage volunteer and staffing assignments for SBIG-led portions of EVENTS.

C. CITY and SBIG will:

1. Collaborative Planning and Evaluation:
Meet quarterly (or as needed) to review EVENT planning, logistics, and evaluation. Share communication and planning duties to ensure cohesive promotion and execution.

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COMMUNITY SERVICES DEPARTMENT
2025 MOU San Bruno Improvement Group and City of San Bruno Page |6 Co-brand all EVENT marketing and promotional materials, acknowledging the partnership.
Collaborate on opportunities to enhance EVENTS with cultural, arts, or family-friendly programming.
Evaluate monthly EVENT outcomes to determine adjustments to timing, frequency, and programming.

2. Itemized Expense List:

Both parties agree that, prior to each EVENT or service, a written or emailed itemized list of anticipated expenses shall be prepared and exchanged. Such expenses may include, but are not limited to: entertainment, marketing, decorations, equipment and supplies, venue or facility costs, staffing or professional services, permits and insurance, and other miscellaneous costs reasonably associated with the EVENT. All expenses must be reviewed and mutually approved in writing before costs are incurred. This process is intended to ensure transparency, alignment, and to avoid any unforeseen charges.

III. TERM
The term of this MOU shall commence on October 1, 2025 and continue through September 30, 2026. This MOU contains all the terms and conditions agreed upon by the parties regarding the subject matter of this MOU and supersedes any prior agreement, oral or written, and all other communications between the parties related to such subject matter.

IV. TERMINATION FOR CONVENIENCE
Either party may, in its reasonable discretion, with or without cause, terminate this MOU upon the giving of ten (10) days prior written notice to the other party. In the event of termination, SBIG agrees to pay the CITY for any mutually agreed upon EVENTS or services provided prior to the effective date of termination, and the CITY agrees to pay SBIG for any mutually agreed upon EVENTS or services provided prior to the effective date of termination, to ensure fairness for both parties.

In addition, each party shall reimburse the other for any documented, non-refundable, and committed expenses incurred in good faith and directly related to the planning or execution of mutually agreed upon EVENTS or services under this MOU prior to the effective date of termination. This ensures both parties are treated equitably in the event of early termination.

V. AMENDMENTS OR MODIFICATIONS
This MOU may not be amended except by a writing duly executed by the parties hereto. The CITY shall have the right to grant reasonable extensions of time to SBIG for any purpose or for the performance of any obligation of SBIG hereunder.

VI. INDEMNIFICATION
To the fullest extent permitted by law, SBIG shall defend (with legal counsel reasonably acceptable to the CITY), indemnify, and hold harmless the CITY and its Council,

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COMMUNITY SERVICES DEPARTMENT
2025 MOU San Bruno Improvement Group and City of San Bruno Page |7 officers, agents, departments, officials, representatives, and employees (collectively “Indemnitees”) from and against any and all claims, suits, actions, losses, costs, damages, injuries (including, without limitation, economic harm, injury to or death of an employee of SBIG or its subcontractors), expenses and liabilities of every kind, nature, and description, at law or equity (including, without limitation, incidental and consequential damages), and reasonable attorneys’ fees and costs, litigation expenses, court costs, and fees of expert consultants or expert witnesses, and costs of investigation (collectively “Defense Costs”) that arise from, relate to, or pertain to, directly or indirectly, in whole or in part, any negligent or reckless act or omission or any willful misconduct of SBIG, any subcontractor, anyone directly or indirectly employed by them, or anyone that they control as determined by a court of competent jurisdiction (collectively “Liabilities”).

SBIG’s total indemnification obligation under this Section shall not exceed the limits of SBIG’s applicable insurance coverage. SBIG shall not be obligated to indemnify the Indemnitees for any claim to the extent such claim is caused by the Indemnitees’ sole negligence, active negligence, or willful misconduct.

Reciprocally, the CITY shall defend, indemnify, and hold harmless SBIG, its officers, directors, agents, and employees from and against any and all claims, suits, actions, losses, costs, damages, and liabilities (including reasonable attorneys’ fees and Defense Costs) arising out of the sole negligence, active negligence, or willful misconduct of the CITY, its employees, agents, or representatives.

Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Agreement, except as expressly provided herein. This indemnity shall apply regardless of whether any insurance policies are applicable, but in no event shall SBIG’s liability exceed its insurance coverage limits.

The policy limits do not act as a limitation upon the amount of indemnification to be provided by the CITY. This Section shall survive termination of this MOU.

VII. INSURANCE
A. Throughout the term of this Agreement, SBIG shall obtain and maintain, at its own expense, the minimum insurance coverage set forth below. The CITY and its elected officials, officers, and employees shall be named as additional insureds using ISO endorsement forms CG 20 10 and 20 37 or their equivalents. This MOU is expressly contingent upon the insurance requirements being met, as evidenced by adequate proof of insurance. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

1. Statutory Worker’s Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly for Contractor with limits not less than $2,000,000, including a waiver of subrogation endorsement in favor of the CITY, its officers, agents, employees, and volunteers.

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COMMUNITY SERVICES DEPARTMENT
2025 MOU San Bruno Improvement Group and City of San Bruno Page |8

2. Commercial General and Automobile Liability insurance in an amount not less than $2,000,000 per occurrence.

B. If applicable, SBIG shall not allow any subcontractors to commence work on any subcontract until all insurance required of the SBIG has also been obtained for the subcontractor in the amounts indicated herein, SBIG has determined that such subcontractor is covered under SBIG’s insurance coverage, or the CITY’s Community Services Director waives such insurance requirement.

VIII. MOU IN WRITING
This MOU contains and embraces the entire MOU between the parties hereto and it, nor any part of it, may not be changed, altered, modified, limited, or extended, orally or by any MOU between the parties unless such MOU be expressed in writing, signed, and acknowledged by the CITY and SBIG or their successors in interest.

IX. NOTICES
Any notices, consents or approvals permitted or required to be given in accordance with this Agreement shall be sent by regular U.S. mail, overnight mail service, or personal delivery, addressed as follows, and shall be deemed to have been delivered: (i) if sent by U.S. mail, on the fourth (4th) business day following deposit in the United States mail, (ii) if sent by overnight mail, on the date that it is recorded as delivered to the intended recipient, or (iii) if personally delivered, upon receipt.

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COMMUNITY SERVICES DEPARTMENT
2025 MOU San Bruno Improvement Group and City of San Bruno Page |9 In Witness whereof, the parties hereto have caused this MOU to be executed effective as of this _____ day of________________________ 2025.

CITY SAN BRUNO IMPROVEMENT GROUP
_______________________________ ______________________________ Alex D. McIntyre, City Manager | Date Sadana Traxler, President | Date 567 El Camino Real
San Bruno, CA 94066 San Bruno, CA 9XXXX

APPROVED AS TO FORM
_________________________________
Trisha Ortiz, City Attorney |Date
MOU Approved by City Council on ____________________
ATTEST
___________________________________
Lupita Huerta, City Clerk | Date

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: September 23, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Pamela Antil, Interim Senior Special Projects Manager SUBJECT: Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Section 2.04.140 of the San Bruno Municipal Code to Increase City Council Member Salaries” BACKGROUND:

At its August 26, 2025 meeting, the City Council directed staff to bring back an ordinance to raise the City Council salary from $486 to $890 per month, effective at the beginning of the City Council members’ terms following the November 2026 general election. At its September 9, 2025 meeting, the City Council introduced, read by title only and waived further reading of an ordinance making that change.

DISCUSSION
:

The San Bruno City Council is provided a $486 per month salary for serving on the City Council.

The City Council last updated the monthly salary in 2001 with the adoption of Ordinance No. 1649 (attached). This amount has been unchanged for 24 years.

Cities are able to raise City Council salaries under the provisions of SB 329, Government Code 36516.(a), which became effective on January 1, 2024. This legislation increased the maximum salary amounts for city council members as follows:
(1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.

Since the effective date of SB 329, several cities have increased their city council salaries.

Staff surveyed the San Mateo County cities regarding their current salaries, and the findings are as follows:
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Item 6h.

Honorable Mayor and Members of the City Council
September 23, 2025

Page 2 of 3 ends

1 0
7 0

SAN MATEO COUNTY CITY/TOWN COUNCIL SALARIES
Agency Population* Salary**
% of Gov. Code
Maximum
Atherton 7,100 N/A - unpaid 0%
Belmont 28,400 $950 100%
Brisbane 4,800 $400 42%
Burlingame 31,100 $950 100%
Colma 1,500 $961 101%
Daly City 104,600 $2,205.84 138%
East Palo Alto 29,000 $600 63%
Foster City 33,000 $496 52%
Half Moon Bay 11,500 $955, plus $100
monthly auto allowance
101%, excludes
auto allowance
Hillsborough 11,600 N/A - unpaid 0%
Menlo Park 33,900 $950 100%
Millbrae 21,700 $345 36%
Pacifica 37,400 $600 47%
Portola Valley 4,500 N/A - unpaid 0%
Redwood City 82,700 $750 47%
San Carlos 30,200 $950 eff. Nov 2025,
$560 current 100%
San Mateo 102,900 $1,200 75%
South San Francisco 66,200 $1,400 88%
Woodside 5,300 $950 100%
Average (excluding San Bruno and unpaid
agencies) $916
San Bruno 45,000 $486 38%
*Population estimates for 2023–2024.
**Monthly stipend unless otherwise noted.

After discussion, the Council determined that they wished to increase the current salary to $890 per month, effective the first allowable date after the November 2026 general election. The amount represents the current salary of $486 with an adjustment for the increase in the CPI since 2001.

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Honorable Mayor and Members of the City Council
September 23, 2025

Page 3 of 3 ends

1 0
7 0
FISCAL IMPACT:

There is no fiscal impact in the current fiscal year’s budget. The full amount of $53,400 representing the $890 per month will be appropriately budgeted in future fiscal years, starting with fiscal year 2026-27.

ENVIRONMENTAL IMPACT:

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

RECOMMENDATION:

Consider adopting an ordinance amending Section 2.04.140 of the San Bruno Municipal Code to increase city council member salaries.

ATTACHMENTS:

1. Ordinance No. 1649

2. Ordinance

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63 of 88
ATTACHMENT 1

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1 3
3 6
3 ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING SECTION 2.04.140 OF THE SAN BRUNO MUNICIPAL CODE

TO INCREASE CITY COUNCIL MEMBER SALARIES
THE CITY COUNCIL OF THE CITY OF SAN BRUNO DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals:
(i) Government Code Section 36516 authorizes general law cities, including the City of San Bruno, to pay city council members a monthly salary up to a statutory limit based on city population.
(ii) On September 11, 2001, the City Council adopted Ordinance No. 1649 to amend subsection C of Section 2.04.140 of the San Bruno Municipal Code to set San Bruno City Council Member salaries at $486 in accordance with Government Code Section 36516. (iii) The California State Legislature adopted Senate Bill (SB) 329, effective January 1, 2024, to amend Government Code Section 36516 by increasing the statutory limits on city council member salaries.
(iv) As amended by SB 329, Government Code Section 36516 authorizes general law cities with a 35,001 to 50,000 population to pay city council members a monthly salary of $1,275.
(v) A salary increase from $486 to $890 per month represents an increase in the Consumer Price Index since 2001.
(vi) The increased compensation is needed to provide the first inflationary adjustment of San Bruno City Council Member salaries in 24 years, with such adjustment significantly below the limit set by state law as of today.

SECTION 2. The facts set forth in Section 1 of this Ordinance are true and correct.

SECTION 3. Subsection C of Section 2.04.140 of the San Bruno Municipal Code is hereby amended to read as follows:
“Salaries Established. Each member of the city council shall receive, as salary, the sum of eight hundred ninety dollars per month. Said salary shall be payable from and after the date upon which one or more members of the city council begin a new term of office following the November 3, 2026 election, in the same manner as salaries are payable to other officers and employees of the city.” SECTION 4. Prior to the date on which one or more members of the city council begin a new term of office following the November 3, 2026 election, each city council member shall continue to receive a salary of $486 per month.

SECTION 5. This ordinance shall take effect at 12:01 am on the thirty-first day after its adoption.

SECTION 6. The City Clerk is hereby directed to cause this ordinance to be published 65 of 88
ATTACHMENT 2
3 3
3 6
3 according to law.

SECTION 7.If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application so the Ordinance which can be given effect without the invalid provisions or applications of the ordinance. To this end, the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
__________________________________
Rico E. Medina, Mayor
ATTEST:
_________________________________
Lupita Huerta, City Clerk
APPROVED AS TO FORM:
__________________________________
Trisha A. Ortiz, City Attorney
--oOo--
I hereby certify that foregoing Ordinance No. ____
was introduced at a regular meeting of the San Bruno City Council on September 9, 2025 and adopted by the San Bruno City Council at a regular meeting on September 23, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
__________________________________
Lupita Huerta, City Clerk

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: September 23, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Peter Gilli, Community Development Director Lisa Costa Sanders, Consultant Principal Planner
Ralph Robinson, Consultant Senior Planner
SUBJECT: Hold Public Hearing to (1) Consider Adoption of a Resolution Making Draft Findings and Declaring an Intent to Propose Overriding the San Mateo City/County Association of Governments (C/CAG) Airport Land Use Commission’s (ALUC) Determination of Inconsistency pursuant to Public Utilities Code Section 21676 with respect to the Proposed Tanforan Planned Development of 1122, 1150, 1178 and 1188 El Camino Real and 1292 Huntington Avenue and Provide Notice Pursuant to the State Public Utilities Code to the Airport Land Use Commission and the State Of California Department of Transportation’s Division of Aeronautics Regarding Such Findings and Intent to Propose an Override, and (2) Authorize the City Manager to Submit the Resolution to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics and Schedule a Public Hearing to Consider Adoption Pursuant to Public Utilities Code Section 21676 BACKGROUND:

The City received an application from Alexandria Real Estate Equities, Inc. to redevelop the 44-acre site containing the Tanforan Shopping Center (1122, 1150, 1178 and 1188 El Camino Real) and a neighboring vacant parcel to the north (1292 Huntington Ave). The new Planned Development (PD) zoning would allow for the development of a transit-oriented, mixed-use development (Project) including housing; retail uses; life science laboratory uses; office uses; private and publicly accessible, privately owned open space; and potentially a hotel.

The Airport Land Use Commission is an advisory committee created by the Public Utilities Code (PUC) to assist local agencies in ensuring compatible land uses near airports. The Project is located within the planning area defined in the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (SFO ALUCP). This land use regulatory plan was adopted by the Board of the City/County Association of Governments (C/CAG) for San Mateo County, in its capacity as the San Mateo County Airport Land Use Commission (ALUC) on November 8, 2012. The SFO ALUCP provides land use policies, height limits, and recommendations for development in the area surrounding San Francisco International Airport (SFO) to ensure that development in the areas surrounding the airport are compatible with airport operations.

Public Utilities Code Section 21676(b) requires the City to submit land use and zoning amendments and development projects to the ALUC for consistency determination. On May 21, 2025, the City submitted the Project to C/CAG for an ALUC land use consistency determination with the SFO ALUCP. 67 of 88 Item 7a.

Honorable Mayor and Members of the City Council
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If any elements of the project are found inconsistent with the land use plan for the airport by the ALUC, the City Council (as the governing body of the City) may overrule (i.e., override) the ALUC’s determination subject to findings consistent with Public Utilities Code Section 21670 regarding the protection of public health, safety and welfare in the areas surrounding airports.

Note that as part of the adoption of the City’s Housing Element, the area in which the Project is located was previously rezoned to allow for up to 1,014 housing units for the combined sites. That effort included a separate override of an ALUC finding of inconsistency for the proposed housing site locations, which was approved by the City Council at its regular meeting on April 9, 2024 (Attachment 4). In its resolution, the City Council noted the override would allow the City to identify new sites with development potential in the areas surrounding the airport while keeping development consistent with Public Utilities Code Section 21670 regarding the protection of public health, safety and welfare.

DISCUSSION:

SFO ALUCP Consistency Evaluation
The compatibility factors considered by the ALUC were: (a) noise compatibility, (b) safety compatibility, and (c) airspace protection. As was the case with the Housing Element, the ALUC found the housing included within the Project to be incompatible with the SFO ALUCP. In addition, life science laboratory uses in the Project with biosafety level 2 facilities require an additional finding by the City Council that there is no feasible alternative to the inclusion of these facilities. The Project was found to adhere to the airspace protection provisions of the SFO ALUCP.

The determinations adopted by the ALUC at its regular meeting on June 26, 2025 (Attachment 3) and related discussion of these three factors are provided below. a. Noise Compatibility
Attachment 2 (Exhibit E) shows the Project site relative to the Community Noise Equivalent Level (CNEL) aircraft noise exposure contours for SFO, which are meant to reflect the relative noise impacts from incoming and outgoing aircraft on the surrounding area. The proposed Project includes housing sites within the 70 decibel (dB) CNEL noise contour, where the SFO ALUCP considers housing an incompatible use. Housing within this area, however, is not unusual. As can be seen in Exhibit E of Attachment 2, a significant area of the City with residential zoning is currently located within the 70 dB noise contour.

The proposed Project would revise the zoning to enable construction of up to 500 additional housing units for a maximum of 1,514 units site wide, requiring the City Council to again adopt an override of the ALUC determination. At a previous study session on the Project held on March 18, 2025, the City Council expressed support for this increase in the number of units. A site plan with the proposed land uses and housing unit totals is provided in Figure 1.

The Noise and Vibration Assessment for the City of San Bruno Housing Element Update stated that future residential development at this site could achieve a 45 dB CNEL interior noise level. In addition, compliance with the City’s general plan policies and California Title 24 would prohibit the issuance of occupancy permits for residential development that would expose future residents to an interior noise level of greater than 45 dB CNEL. The San Bruno City Council then, through its adoption of the Housing Element, has found housing at the Project site to be conditionally acceptable with appropriate noise controls.

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Per Mitigation Measure NOI-3 of the Tanforan Project Draft Environmental Impact Report (EIR), the Project developer would be required to select building materials and design residential units to maintain interior noise levels below 45 dBA CNEL. The use of sound-rated windows, doors, and walls would be required.

Figure 1: Proposed Land Uses and Unit Totals
*Flex zones may be developed with office development, housing, retail or hotel. Up to 500 additional housing units may be included in the flex zones.

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b. Safety Compatibility
Attachment 2 (Exhibit D) shows the Project site is mostly located within safety compatibility zone 4 for San Francisco International Airport (SFO). The Project proposes biosafety level 2 uses for life science and research and development office space. ALUCP Safety Compatibility Policies classify biosafety level 2 uses as uses that should be “avoided unless no feasible alternative is available.” The biosafety level 2 uses will be needed within the Project to facilitate new development on the site. The applicant, Alexandria, is principally a life science lab developer. Any biosafety level 2 facility constructed within zone 4 will be subject to additional ALUCP requirements for an increased number of building egresses (to facilitate safe exiting of the building by occupants). To approve the override, the City Council must be able to make a finding that there is no feasible alternative for the proposed inclusion of biosafety level 2 uses within the Project. A draft finding is included within the Resolution (Attachment 1).

However, no override of the findings related to safety compatibility is required. c. Airspace Protection
Attachment 2 (Exhibit F) shows the Project site relative to the maximum structure heights determined not to pose a hazard to air navigation. The ALUC found the height limits within the Project comply with height limits required by the ALUCP. No override of the findings related to airspace protection is required.

Override Process
The City Council may choose to override the ALUC’s determination. The public hearing process for an override is a two-step process established in Public Utilities Code Section 21676. The local agency override process requires a two-thirds affirmative vote by the City Council at two separate meetings:

1.City Council Meeting No. 1 (Public Hearing): The first step in the process is for the City Council to adopt a Resolution making draft findings and declaring an intent to propose overriding the ALUC’s determination of inconsistency with the policies of the SFO ALUCP regarding the Project, and to provide notice, in accordance with Sections 21676(b) of the California Public Utilities Code, to the ALUC and the State of California Department of Transportation’s Division of Aeronautics. This must occur at least 45 days prior to the decision by the City Council to override the inconsistency determination, as the agencies have 30 days to comment.

2.City Council Meeting No. 2 (Public Hearing): The second step in the process is that, not less than 45 days after notification has been sent to the ALUC and Division of Aeronautics, the City Council will consider adoption of a Resolution, which requires a two-thirds affirmative vote, to override the ALUC’s determination of inconsistency with the policies of the SFO ALUCP, and make specific findings that the Plan Amendments and Rezoning are consistent with the purposes of the State Aeronautics Act, as set forth in PUC Section 21670. Should the Project move forward with approval this fall, the City Council will consider the override at the same meeting it will consider adopting the Project.

To approve the override, the City must make specific findings that the project is consistent with the purposes of the Public Utilities Code Section 21670 regarding the protection of public health, safety and welfare in the areas surrounding the airport. These findings are provided in the draft Resolution (Attachment 1).

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If the City Council overrules the ALUC decision, then the Project may proceed subject to local agency review and permitting processes. The airport (SFO) shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency’s decision to override the commission’s action or recommendation. In its decision making process, the Council should consider all comments received, including from the ALUC and the Division of Aeronautics.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

ENVIRONMENTAL IMPACT:

Pursuant to the provisions of the California Environmental Quality Act (CEQA) and the CEQA guidelines (Title 14 California Code of Regulations section 15000 et seq.), the proposed General Plan Amendment and Rezoning were considered in the Draft Environmental Impact Report (EIR) prepared for the Tanforan Redevelopment Project published on June 27, 2025. Development on the project site may result in significant and unavoidable air quality impacts to future residents of the proposed housing sites themselves due to air contaminants and noise impacts in the vicinity of the project during construction. Proposed mitigations related to Project impacts may be referenced in the Draft EIR under Table ES-1 of the Executive Summary. The site’s location relative to the airport does not contribute to any significant and unavoidable impacts.

RECOMMENDATION:

1. Adopt a Resolution Making Draft Findings and Declaring an Intent to Propose Overriding the San Mateo City / County Association of Governments (C/CAG) Airport Land Use Commission’s (ALUC) Determination of Inconsistency pursuant to Public Utilities Code Section 21676 with respect to the Proposed Tanforan Planned Development of 1122, 1150, 1178 and 1188 El Camino Real and 1292 Huntington Avenue and Provide Notice Pursuant to the State Public Utilities Code to the Airport Land Use Commission and the State Of California Department of Transportation’s Division of Aeronautics Regarding Such Findings and Intent to Propose an Override.

2. Authorize the City Manager to Submit the Resolution to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics and Schedule a Public Hearing to Consider Adoption Pursuant to Public Utilities Code Section 21676.

ALTERNATIVES:

1. The City Council can continue this item for more consideration, which may delay the approval of the Project; or

2. The City Council may decide not to override the ALUC’s determination of inconsistency. That will result in the Project being out of compliance and require the redesign of the Project per the zoning previously adopted as part of the Housing Element or the withdrawal of the Project.

ATTACHMENTS:

1. Draft City Council Resolution

2. SFO ALUCP Exhibits

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3. ALUC Resolution, Regular Meeting of June 26, 2025

4. City Council Resolution, Regular Meeting of April 9, 2024

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1 RESOLUTION NO. 2025 - __

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

DRAFT FINDINGS AND DECLARING AN INTENT TO PROPOSE OVERRIDING SAN MATEO

CITY / COUNTY ASSOCIATION OF GOVERNMENTS (C/CAG) AIRPORT LAND USE COMMISSION’S (ALUC) DETERMINATION OF INCONSISTENCY PURSUANT TO PUBLIC UTILITIES CODE SECTION 21676 WITH RESPECT TO THE PROPOSED TANFORAN PLANNED DEVELOPMENT OF 1122, 1150, 1178 AND 1188 EL CAMINO REAL AND 1292 HUNTINGTON AVENUE AND PROVIDE NOTICE PURSUANT TO THE STATE

PUBLIC UTILITIES CODE TO THE AIRPORT LAND USE COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION’S DIVISION OF AERONAUTICS

REGARDING SUCH FINDINGS AND INTENT TO PROPOSE AN OVERRIDE WHEREAS, the City of San Bruno has received an application for the Tanforan Planned Development (PD) to amend the San Bruno General Plan and Zoning Code to enable the redevelopment of a 44-acre site containing the Tanforan Shopping Center (1122, 1150, 1178 and 1188 El Camino Real) and a neighboring vacant parcel to the north (1292 Huntington Ave) with a transit-oriented, mixed-use development (Project) including housing; retail uses; life science laboratory uses; office uses; private and publicly accessible, privately owned open space; and potentially a hotel.

WHEREAS, the Project site is located within Airport Influence Area B of the San Francisco International Airport (SFO), the area subject to formal C/CAG Airport Land Use Commission (ALUC) review, and within the 70 decibel (dBA) Community Noise Equivalent (CNEL) contour where housing is not a compatible use, with limited exceptions, and within safety compatibility zone 4 for SFO in which biosafety level 2 uses are classified as a use to be avoided unless no feasible alternative is available; and WHEREAS, in accordance with Public Utilities Code Section 21676(b), the City referred the Project to the ALUC to review consistency with the Comprehensive Land Use Compatibility Plan for the Environs of San Francisco International Airport (SFO ALUCP); and WHEREAS, at its regular meeting on June 26, 2025, the ALUC, acting pursuant to Public Utilities Code Section 21670, determined that the proposed rezonings are inconsistent with the noise compatibility policies of the SFO ALUCP; and WHEREAS, the ALUC further determined that the proposed rezonings to allow biosafety level 2 uses require a finding by the City Council that there is no feasible alternative for the proposed inclusion of the biosafety level 2 use within the PD to ensure safety compatibility with the SFO ALUCP; and
WHEREAS, as a final review authority under Public Utilities Code Sections 21670 and 21676, the City Council may, after a public hearing, overrule the ALUC determination by a two- thirds vote, if the City makes specific findings that the proposed project is consistent with the purposes of the Public Utilities Code Section 21670 regarding the protection of public health, safety and welfare in the areas surrounding airports and by providing the ALUC and the Division of Aeronautics of the California Department of Transportation (Division) with notice of the City’s intent to propose overruling the ALUC determination along with supportive findings at least 45 days prior to the City’s action to overrule the ALUC; and 73 of 88 ATTACHMENT 1
2 WHEREAS, the Public Utilities Code provides that the ALUC and the Division shall respond to the notifications of the findings of the proposed override within 30 days of receiving the proposed resolution and findings; and
WHEREAS, in the event that the ALUC or Division’s comments are not available within this timeframe, the City may act without them; and
WHEREAS, the comments by the ALUC and Division are advisory to the City under State law; and
WHEREAS, the City Council shall include comments from the ALUC and the Division in the final record of any final decision to overrule the ALUC, which may only be adopted by a two- thirds vote of the City Council; and
WHEREAS, the draft findings attached as Exhibit A to this resolution do not constitute the final findings of the City in regards to the Project’s consistency with the purposes of Public Utilities Code Section 21670 and such draft findings may be revised, amended, and/or supplemented as part of any final decision to overrule the ALUC’s determination; and WHEREAS, should the City Council adopt this resolution making the draft findings and declaring an intent to consider overruling the ALUC determination that the rezonings and plan amendments are inconsistent with respect to the noise policies of the SFO ALUCP and directing staff to transmit the required notice to the ALUC and the Division, a public hearing will be held for the City Council to make a final decision regarding whether to overrule the ALUC inconsistency determination.

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

1. Makes the draft findings attached hereto as Exhibit A and incorporated herein; and

2. Declares an intent to propose overruling the Airport Land Use Commission’s determination that the Project is inconsistent with the Comprehensive Land Use Compatibility Plan for the Environs of San Francisco International Airport with respect to noise policies; and

3. Directs staff to provide notice in accordance with Sections 21676(b) and 21676.5(a) of the State Public Utilities Code to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics at least 45 days prior to the scheduled public hearing date for consideration of the proposed override decision by the City Council; and

4. Directs staff to take all other actions necessary to effectuate the purpose and intent of this resolution; and

5. The City Council finds that pursuant to the provisions of the California Environmental Quality Act (CEQA) and the CEQA guidelines (Title 14 California Code of Regulations section 15000 et seq.), the General Plan Amendment and Rezoning were considered in the Draft Environmental Impact Report (EIR) prepared for the Tanforan Redevelopment Project published on June 27, 2025. Development on the project site may result in significant and unavoidable air quality impacts to future residents of the proposed housing sites themselves due to air contaminants, and noise impacts in the vicinity of the project during construction. Proposed mitigations related to Project impacts may be referenced in the Draft EIR under Table ES-1 of the Executive Summary. The site’s location relative to the airport does not contribute to any significant and unavoidable impacts.

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3 ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on September 23, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk

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4 Exhibit A: Draft Findings

1. The foregoing recitals are true and correct and made a part of this Resolution.

2. The first purpose of Section 21670 is to provide for the orderly development of each public use airport in this State, and the area surrounding these airports so as to promote the overall goals and objectives of California airport noise standards and to prevent the creation of new noise and safety problems. The second purpose of Section 21670 is to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.

3. With respect to noise policies, SFO ALUCP Policy NP-1 Noise Compatibility Zones identifies the noise compatibility zones for the purposes of the ALUCP. The Tanforan Planned Development (PD) on the 44-acre site containing the Tanforan Shopping Center (1122, 1150, 1178 and 1188 El Camino Real) and a neighboring vacant parcel to the north (1292 Huntington Ave) lies principally within the Community Noise Equivalent Level (CNEL) 70 decibel (dBA) noise exposure contour range where housing development would be incompatible per SFO ALUCP Table IV, Noise/Land Use Compatibility Criteria.

4. Pursuant to SFO ALUCP, Table IV-1, residential land uses are conditionally compatible in the CNEL 65-70 dBA noise exposure contour range and are acceptable if sound insulation is provided to reduce interior noise levels from exterior sources to CNEL 45 dBA or lower and if an avigation easement is granted to the City and County of San Francisco as operator of SFO.

5. Any housing project on these properties shall incorporate noise control measures and construction standards that will lessen noise impacts to residents as follows:
a. The project shall require building materials to be selected and residential units be designed such that interior noise levels would be below 45 dBA CNEL. The use of sound-rated windows, doors, and walls would be required. b. The project shall include real estate disclosures in residential leases or as a deed restriction disclosing the presence of an airport within two miles of the property per Section 11010 of the Business and Professions Code.
c. The property owners shall grant an avigation easement to the City and County of San Francisco prior to issuance of a building permit for the proposed building or structure. d. The project shall include an indemnification agreement with the City of San Bruno prior to issuance of building permits ensuring that liability related to noise is assumed by the project.

6. Approval of the PD as described above is consistent with the noise standards of the SFO ALUCP as it would provide for orderly development adjacent to the airport and promote the overall goals and objectives of the California airport noise standards and prevent the creation of new noise and safety problems because the proposed Project provides much needed housing near transit on underutilized sites, while also utilizing advanced construction techniques to minimize any noise impacts to residents, and helping the City satisfy its RHNA allocation and respond to the housing crisis facing the region and the State.

7. With respect to safety policies, the PD is principally located with Safety Zone 4 (Outer Approach / Departure Zone). Per SFO ALUCP Table IV-2, Safety Compatibility Criteria,

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5 Biosafety level 2 uses included in the PD are classified as uses to be, “avoided unless no feasible alternative is available”. The San Bruno City Council finds there is no feasible alternative for the inclusion of biosafety level 2 uses within the PD as the Project would not occur without their inclusion. Any biosafety level 2 facility constructed within zone 4 will be subject to additional ALUCP requirements for building egresses.

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TANFORAN

EXHIBIT D
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ATTACHMENT 2

TANFORAN

EXHIBIT E

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TANFORAN
TANFORAN SFO ALUCP EXHIBITS | CRITICAL AERONAUTICAL SURFACES EXHIBIT F

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RESOLUTION 25-52

RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY/COUNTY ASSOCIATION OF

GOVERNMENTS OF SAN MATEO COUNTY, ACTING AS THE SAN MATEO COUNTY AIRPORT LAND USE COMMISSION, DETERMINING THAT THE TANFORAN PLANNED DEVELOPMENT, A 44-ACRE

TRANSIT-ORIENTED, MIXED-USE REDEVELOPMENT PLAN FOR THE TANFORAN SHOPPING CENTER

IN SAN BRUNO, IS INCONSISTENT WITH NOISE COMPATIBILITY POLICIES OF THE

COMPREHENSIVE AIRPORT LAND USE COMPATIBILITY PLAN FOR THE ENVIRONS OF SAN FRANCISCO INTERNATIONAL AIRPORT.

RESOLVED, by the Board of Directors of the City/County Association of Governments of San Mateo County (C/CAG), in its capacity as the San Mateo County Airport Land Use Commission (ALUC), that,
WHEREAS, in accordance with the requirements of California Public Utilities Code Section 21676(b) a local agency general plan, zoning ordinance and/or any affected specific plan must be consistent with the applicable airport/land use criteria in the relevant adopted Airport Land Use Compatibility Plan; and
WHEREAS, San Bruno has received an application for a zoning amendment to establish a Planned Development (PD) for the Tanforan Shopping Center, intended to guide redevelopment of the 44-acre Tanforan Shopping Center (plus an additional parcel north of Sneath Lane), into a transit- oriented, mixed-use development including housing, retail uses, life-science laboratory uses, office uses, and potentially a hotel, and has referred the proposal to the ALUC for a determination of consistency with the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (SFO ALUCP); and
WHEREAS, three airport/land use compatibility factors are addressed in the SFO ALUCP that relate to the proposed PD zoning amendment: (a) noise compatibility, (b) safety compatibility, and (c) airspace protection, as discussed below:
a. Noise Compatibility - The project site is located almost entirely within the CNEL 70 dB aircraft noise contour. As outlined in SFO ALUCP Table IV-1 - Noise/Land Use Compatibility Criteria, with a limited exception, residential land use is deemed “not compatible” in the CNEL 70-75 dB noise exposure contour range. [The exception applies to existing lots of record zoned for residential use as of the effective date of the SFO ALUCP (November 8, 2012), which does not apply to the subject proposal.] In addition, SFO ALUCP Policy NP-4.4 states: “The rezoning of land for residential use within the CNEL 70 dB contour shall be considered incompatible and inconsistent with this ALUCP.” The proposed amendments, which rezone properties for residential use within the CNEL 70 dB contour, are incompatible and inconsistent with the SFO ALUCP noise compatibility policies.
b. Safety Compatibility - Most of the PD site, aside from a small area in the southwest corner of the project area, is located with Safety Zone 4 (Outer Approach / Departure Zone). SFO ALUCP Table IV-2, Safety Compatibility Criteria, identifies uses that should either be 81 of 88
ATTACHMENT 3
avoided or are incompatible within Safety Zone 4, including Biosafety Level 3 & 4 facilities, children’s schools, large childcare centers (more than 14 children), hospitals, nursing homes, stadiums and arenas. The PD Permitted Land Use Table includes notes on particular uses that could be construed to constitute an incompatible use to clarify that these uses must comply with the ALUCP Safety Compatibility Policies.

Hazardous Uses, such as biosafety level 2 uses (which encompasses the life sciences/R&D use) are determined to be “not incompatible” but are classified as uses that should be “avoided unless no feasible alternative is available”. To ensure safety compatibility, prior to approval, the San Bruno City Council should make a specific finding that there is no feasible alternative for the proposed inclusion of Biosafety level 2 use within the Planned Development.
c. Airspace Protection - The SFO ALUCP airspace protection policies establish maximum heights for the compatibility of new structures, outline the responsibilities to comply with federal regulations requiring notification of the Federal Aviation Administration (FAA) of certain proposed construction or alterations of structures, and address other incompatible site characteristics, especially as they pertain to building materials or features that reflect and create bright lights or glare or which may attract wildlife (ex. large flocks of birds), which can pose serious safety hazard to pilots and aircraft.

1. Structure Heights – Per SFO ALUCP Airspace Policy AP-3, in order to be consistent, the maximum height of a structure must be the lower of (1) the height shown on the critical aeronautical surfaces map (Exhibits IV-17 & IV 18), or (2) the maximum height determined by the FAA not to be a “hazard to air navigation” by the FAA in an aeronautical study prepared pursuant to the filing of Form 7460-1.

Per Exhibit IV-17 of the SFO ALUCP, the elevations of the critical aeronautical surfaces over the PD sites range from approximately 125 to 145 feet above mean sea level (AMSL). Additionally, per ALUCP Exhibit IV-11, development projects on any of these sites exceeding 30 ft. in height would require the filing of Form 7460-1 with the FAA and subsequent issuance of a Determination of No Hazard to Air Navigation.

Heights in the PD generally are limited to a maximum of 79’7” or lower, and the PD includes language to ensure that building heights will adhere to the requirements of the ALUCP.

2. Other Hazards – Within AIA B, certain land use characteristics are recognized as hazards to air navigation and, per Airspace Protection Policy AP-4, need to be evaluated to ensure compatibility with FAA rules and regulations, including sources of glare, distracting lights, sources of dust, sources of electrical interference, uses that produce thermal plumes, and uses that may attract wildlife, particularly large flocks of birds.

The PD addresses this policy by including provisions to prohibit design features that would conflict with ALUCP Policy AP-4.

Adherence to these requirements will ensure that future projects will comply with applicable Airspace Protection policies; and
WHEREAS, consistent with the requirements of the SFO ALUCP, the PD includes a

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requirement that all new developments comply with the real estate disclosure requirements of California Business and Professions Code Section 11010(b(13); and WHEREAS, at its June 26, 2025 meeting, based on the factors listed above, the Airport Land Use Committee recommended that the C/CAG Board of Directors, acting as the Airport Land Use Commission, determine that the proposed amendments be found inconsistent with the noise compatibility policies of the SFO ALUCP; and,
NOW THEREFORE BE IT RESOLVED, by the Board of Directors of the City/County Association of Governments for San Mateo County, acting as the San Mateo County Airport Land Use Commission, that the Tanforan Planned Development, a 44-acre transit-oriented, mixed-use redevelopment plan for the Tanforan Shopping Center in San Bruno, is inconsistent with noise compatibility policies of the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport.

PASSED, APPROVED, AND ADOPTED, THIS 30TH DAY OF JULY 2025.

Adam Rak, Chair

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RESOLUTION N0. 2024 - 26

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

FINDINGS AND DECLARING AN INTENT TO CONSIDER OVERRIDING SAN MATEO CITY /

COUNTY ASSOCIATION OF GOVERNMENTS (C/CAG) AIRPORT LAND USE

COMMISSION'S (ALUC) DETERMINATION OF INCONSISTENCY WITH RESPECT TO THE PROPOSED GENERAL AND NA\/Y SITE SPECIFIC PLAN AMENDMENTS AND REZONING OF 1101, 1150 AND 1151 EL CAMINO REAL AND 1292 HUNTINGTON AVENUE AND

PROVIDE NOTICE PURSUANT TO THE ST ATE PUBLIC UTILITIES CODE TO THE

AIRPORT LAND USE COMMISSION AND THE ST ATE OF CALIFORNIA DEPARTMENT OF

TRANSPORT ATION'S DMSION OF AERONAUTICS REGARDING SUCH FINDINGS AND

INTENT TO CONSIDER AN OVERRIDE
WHEREAS, Government Code Section 65580 et seq. (Housing Element Law) requires that every city prepare and periodically update the housing element of its general plan; every city is mandated to include statutory requirements in the housing element; and every city is required to submit a draft of its housing element to the California Department of Housing and Community Development ("HCD") for review and comment as to whether the City's draft 2023- 2031 Housing Element substantially complies with Housing Element Law; and WHEREAS, the City worked with its consultants, the community, Planning Commission and City Council to prepare its 2023-2031 Housing Element Update as required by Housing Element Law; and
WHEREAS, the 6th Cycle Regional Housing Needs Allocation ("RHNA") imposed on the City by the Association of Bay Area Governments ("ABAG") included 3,165 housing units, which is a substantial increase in the number of affordable housing opportunities required in comparison to the 5th Cycle RHNA allocation of 1,155 units. As a result, the City was required to identify all available sites Citywide as potential housing opportunities, including some in proximity to the San Francisco International Airport; and WHEREAS, the 2023 - 2031 Housing Element has identified a shortfall of 847 housing units, therefore, the City must identify new sites with development potential to accommodate the shortfall; and
WHEREAS, to address the shortfall, the City proposes to rezone and amend associated plans for four sites as potential future housing sites ("Project"). The four sites are the Shops at Tanforan (1150 EI Camino Real and 1292 Huntington Ave.), the San Bruno Pet Hospital (1151 EI Camino Real), and the dental office (1101 EI Camino Real) (collectively, the "Properties"); and
WHEREAS, all the sites proposed for rezoning and the amendment of associated plans are located within Airport Influence Area B of the San Francisco International Airport ("SFO"), the area subject to formal C/CAG Airport Land Use Commission ("ALUC") review, and within the 70 -75 decibel (dBA) Community Noise Equivalent (CNEL) contour where housing is not a compatible use, with limited exceptions; and
WHEREAS, in accordance with Public Utilities Code Section 21676(b), the City referred the Project to the ALUC to review consistency with the Comprehensive Land Use Compatibility Plan for the Environs of San Francisco International Airport ("SFO ALUCP"); and 1 84 of 88
ATTACHMENT 4
WHEREAS, on March 14, 2024, the ALUC, acting pursuant to Public Utilities Code Section 21670, determined that the proposed rezonings are inconsistent with the noise compatibility policies of the SFO ALUCP; and
WHEREAS, as a final review authority under Public Utilities Code Sections 21670 and 21676, the City Council may, after a public hearing, override the ALUC determination by a two- thirds vote, if the City makes specific findings that the proposed project is consistent with the purposes of the Public Utilities Code Section 21670 regarding the protection of public health, safety and welfare in the areas surrounding airports and by providing the ALUC and the Division of Aeronautics of the California Department of Transportation ("Division") with notice of the City's intent to consider overruling the ALUC determination along with supportive findings at least 45 days prior to the City's action to overrule the ALLIC; and WHEREAS, the Public Utilities Code provides that the ALUC and the Division shall respond to the notifications of the findings of the proposed override within 30 days of receiving the proposed resolution and findings; and
WHEREAS, in the event that the ALUC or Division's comments are not available within this timeframe, the City may act without them; and WHEREAS, the comments by the ALUC and Division are advisory to the City under State law; and
WHEREAS, the City Council shall include comments from the ALUC and the Division in the final record of any final decision to overrule the ALUC, which may only be adopted by a two- thirds vote of the City Council; and
WHEREAS, the draft findings attached as Exhibit A to this resolution do not constitute the final findings of the City in regards to the Project's consistency with the purposes of Public Utilities Code Section 21670 and such draft findings may be revised, amended, and/or supplemented as part of any final decision to override the ALUC's determination; and WHEREAS, should the City Council adopt this resolution making the draft findings and declaring an intent to consider overruling the ALUC determination that the rezonings and plan amendments are inconsistent with respect to the noise policies of the SFO ALUCP and directing staff to transmit the required notice to the ALUC and the Division, a public hearing will be required for the City Council to make a final decision regarding whether to override the ALUC inconsistency determination.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Bruno hereby takes the following actions:

1. Makes the draft findings attached hereto as Exhibit A and incorporated herein; and

2. Declares an intent to consider overruling the Airport Land Use Commission's determination that the proposed rezoning of the properties is inconsistent with the Comprehensive Land Use Compatibility Plan for the Environs of San Francisco International Airport with respect to noise policies; and

3. DirectsstafftoprovidenoticeinaccordancewithSections21676(b)and21676.5(a)of the State Public Utilities Code to the Airport Land Use Commission and the State of 2 85 of 88

California Department of Transportation's Division of Aeronautics at least 45 days prior to the scheduled public hearing date for consideration of the proposed override decision by the City Council; and

4. Directs staff to take all other actions necessary to effectuate the purpose and intent of this resolution; and

5. The City Council finds that pursuant to the California Environmental Quality Act (CEQA) guidelines Section 15162, The Housing Element Sites Inventory sites requiring plan amendments and rezonings were considered with the Mitigated Negative Declaration (MND) adopted for the 2023-2031 Housing Element. The adoption of the 2023-2031 Housing Element and associated housing sites would not result in a significant effect upon the environment because the mitigation measures described in the Mitigation Monitoring and Reporting Program (MMRP) will be incorporated as part of the implementation of the 2023-2031 Housing Element.
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I hereby certify that the foregoing Resolution No. 2024 - 26 was introduced and adopted by the San Bruno City Council at a regular meeting on April 9, 2024 by the following vote:

AYES: Councilmembers: Alvarez, Hamilton, M. Medina, Salazar NOES: Councilmembers: None
RECUSED: Councilmembers: Mayor R. Medina
ABSENT: Councilmembers: None
A,['i
Liita Wrta, City Clerk
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Exhibit A: Draft Findings

1. The foregoing recitals are true and correct and made a part of this Resolution.

2. ThefirstpurposeofSection21670istoprovidefortheorderlydevelopmentofeach public use airport in this State, and the area surrounding these airports so as to promote the overall goals and objectives of California airport noise standards and to prevent the creation of new noise and safety problems. The second purpose of Section 21670 is to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.

3. With respect to noise policies, SFO ALUCP Policy NP-1 Noise Compatibility Zones identifies the noise compatibility zones for the purposes of the ALUCP. As depicted in the City of San Bruno's 2023-2031 Housing Element, four housing sites, the Shops at Tanforan (1150 EI Camino Real and 1292 Huntington Ave.); the San Bruno Pet Hospital (1151 EI Camino Real); and the dental office (1101 EI Camino Real) (collectively, the "Properties") lie within the Community Noise Equivalent Level ("CNEL") 70-75 decibel ("dBA") noise exposure contour range where housing development would be incompatible per SFO ALUCP Table IV, Noise/Land Use Compatibility Criteria.

4. Pursuant to SFO ALUCP, Table IV-1, residential land uses are conditionally compatible in the CNEL 65-70 dBA noise exposure contour range and are acceptable if sound insulation is provided to reduce interior noise levels from exterior sources to CNEL 45 dBA or lower and if an avigation easement is granted to the City and County of San Francisco as operator-of SFO.

5. Any housing project on these properties shall incorporate noise control measures and construction standards that will lessen noise impacts to residents as follows:
a. Prior to issuance of building permits, detailed acoustical analyses shall be completed as part of the final design for the proposed residential structures. The project shall incorporate construction methods, sound attenuation features, and sound reducing barriers that reduce noise impacts in accordance with Section 21670, State Building Code, and General Plan requirements to meet the interior noise levels of 45 dBA CNEL. Sound control treatments shall include mechanical ventilation for all units so that windows can be kept closed at the resident's discretion to control noise, and special building construction techniques (such as sound-rated windows and building fagade treatments) for all units.
b. The project shall include real estate disclosures in residential leases, disclosing the presence of an airport within two miles of the property, per Section 11010 of the Business and Professions Code.
c. The property owners shall grant an avigation easement to the City and County of San Francisco prior to issuance of a building permit for the proposed building or structure.
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d. The project shall include an indemnification agreement with the City of San Bruno prior to issuance of building permits, ensuring that liability related to noise is assumed by the project.

6. Approval of the proposed rezonings and plan amendments as described above is consistent with the noise standards of the SFO ALUCP as it would provide for orderly development adjacent to the airport and promote the overall goals and objectives of the California airport noise standards and prevent the creation of new noise and safety problems because the proposed Project provides much needed housing near transit on underutilized sites, while also utilizing advanced construction techniques to minimize any noise impacts to residents, and helping the City satisfy its large RHNA allocation and respond to the housing crisis facing the region and the State. 5 88 of 88

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