sponsored by the Assistant City Manager, with the Principal Special Projects Manager overseeing implementation. Partial funding for the Principal Special Projects Manager comes from Measure G, and it is recommended that this funding continue until June 30, 2028, to ensure the successful implementation of the ERP.
Strategic Analysis of Major City-owned Properties
The City Council added the Strategic Analysis of Major City-Owned Properties to the FY 2025-26 top priority initiatives based on staff’s recommendation. The primary objective is to conduct a long-term real estate planning study of the City’s major real estate portfolio, including (but not limited to) City Hall, the Library, Fire Stations, CityNet Services headquarters, the Carlton Corners Scout House, the Catalpa House, the CityNet Head End facility, the Corporation Yard, downtown parking lots, and potentially underutilized park sites.
The economic analysis will evaluate the real estate value of each property based on permitted development intensity, highest and best use, and current market conditions. It will assess project-level economic feasibility across major development types, including office, industrial, market-rate and affordable housing, hotels, and large-scale mixed-use projects.
The report will make recommendations for repurposing or disposition (sale or lease) based on value, development feasibility, and marketability. Factors considered will include the condition of existing facilities, feasibility and cost of relocating existing uses, location needs for facilities, interrelationships among City properties, and City policy goals. The report may also evaluate the cost of acquiring new property, through long-term lease or purchase, for the potential relocation of City facilities. It will identify a recommended approach for each property, along with action items and projected phasing/timing for City review.
The analysis is currently underway. The scope was expanded to include operational needs for the Police Department, potentially informing new acquisitions or capital investments to support the department. The consultant is working with specific City teams to provide more in-depth analysis of City properties.
Fiscal Year 2026-27 Recommended Spending Plan
The proposed 2026-27 spending plan largely continues the ongoing programs approved in the 2025-26 budget. Costs associated with the Cleanup San Bruno initiative are projected to decrease due to completion of one-time startup expenses, and Fire Safety Mitigation costs will decline following the removal of the enhanced July 4th Education & Enforcement program.
New for 2026-27 is an allocation to offset higher-than-budgeted compensation increases for public safety labor agreements. All three of the City’s public safety unit labor agreements expired on December 31, 2025. The City has successfully negotiated a three-year successor agreement with the Fire Unit, which was fully ratified on February 10. The other public safety units remain in active negotiation. Under the new Fire Unit agreement, base salaries will increase by 22.07% to 22.85%, depending on classification, over three calendar years starting in January 2026. This adjustment significantly exceeds the City’s forecast of 4% annual salary and benefit growth but it was necessary to align salaries closer to the market median among comparable agencies.
To balance the General Fund budget in light of these higher-than-forecast costs, staff recommend using Measure G to help fill the gap with a preliminary allocation of $0.75 million for 2026-27. When combined with the continuation of other Council initiatives, as shown in Table 2, Measure G revenues in 2026-27 are sufficient to support the recommended spending plan.
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However, the three-year term of the labor agreement results in compounding increases of approximately $0.75 million each year. The request therefore includes $0.75 million for 2026-27, an additional $0.75 million for 2027-28 (totaling $1.5 million), and a further $0.75 million for 2028-29 (totaling $2.25 million). As forecast in Table 2, ongoing expenditures from Measure G exceed projected revenues by approximately $0.5 million in 2027-28 and $1.0 million in 2028-29, which will necessitate future decisions about which ongoing programs to sustain.
Table 2.
The recommended Measure G budget for 2026-27 aligns with the voter-approved measure by funding roads and right-of-way maintenance, fire safety mitigation efforts, and support for public safety wage increases that exceed the General Fund’s capacity. Over the long term, however, the Measure G budget will face pressure from costs rising faster than revenue, requiring difficult budget decisions as early as 2027-28.
Pavement Management Program Funding
Historically, Measure G has been the primary source of funding for the City’s annual Pavement Management Program (PMP), which includes road repairs and replacements and addresses a key concern identified in the biennial Community Priorities Survey. Since adoption, Measure G has contributed and average of $3.5 million to the PMP.
Measure G Budget ($ million) FY27
Recommended
FY28
Projected
FY29
Projected
Revenue
District Sales Tax $3.40 $3.47 $3.54
Expenditure
Ongoing
Cleanup San Bruno $1.20 $1.22 $1.24
T.E.D. Pavement Patch Truck
operation
0.55 0.56 0.57
Fire Safety Mitigation 0.55 0.56 0.57
NEW: Public Safety labor
agreements
0.75 1.50 2.25
Limited term
Catalyzing Innovation – Software
Overhaul (expires 6/30/2028)
0.20 0.20 0
Total Expenditure $3.25 $4.04 $4.63
Measure G Surplus/(Deficit) $0.15 ($0.57) ($1.09)
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Now that Measure G is focusing more on operational needs, the PMP will rely on the 2024 Measure Q General Obligation Bonds to continue significant investment in roadways. For 2025-26, Measure Q allocated $9 million, raising the PMP budget to $11 million. Staff plan to recommend using $9 million from Measure Q again in 2026-27 to maintain progress in improving road infrastructure.
FISCAL IMPACT:
The recommended FY 2026-27 Measure G Spending Plan totals $3.25 million and is balanced against Measure G half-cent sales tax collections estimated between $3.4 and $3.5 million. Key allocations include the continuation of initiatives such as Cleanup San Bruno and the T.E.D.
Pavement Patch Truck operation, with new funds directed toward higher-than-forecasted public safety labor agreement costs. The budget aims to sustain essential City services while accommodating the financial impacts of recent labor negotiations.
RECOMMENDATION:
Provide feedback to the City Council on the Recommended FY27 Measure G Spending Plan.
ALTERNATIVES:
1. None
ATTACHMENTS:
None
DISTRIBUTION:
None
DATE PREPARED:
February 13, 2026
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City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: March 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Administrative Services Director & CFO SUBJECT: Consider Adoption of a Resolution Appointing Bill Mitchell as Interim Information Technology Manager Pursuant to California Government Code Section 21221(H)
BACKGROUND:
The City currently has a vacant Information Technology Manager position due to the previous incumbent’s departure for another organization. The City has conducted internal and open recruitments and has been unable to find qualified replacements. The length of the vacancy and additional upcoming vacancies are creating strain on the remaining workers in the department and the City must consider alternative means to continue operations while the search continues.
The City has identified a retiree of the California Public Employees Retirement System (CalPERS) who possesses the specialized skills essential for this position. However, to maintain program continuity and ensure timely service delivery, there is an immediate need to appoint an experienced interim manager.
The City Council approval is required because the recommended candidate is a retired annuitant of the California Public Employees’ Retirement System (CalPERS). Under Government Code Section 21221(h) and related post-retirement employment rules, the City Manager may appoint a retired annuitant to a vacant position on an interim basis for a limited duration while an active recruitment is underway, subject to City Council adopted Resolution.
DISCUSSION:
Staff recommends the appointment of Bill Mitchell, a retiree and former municipal agency information technology executive, in light of the staff turnover. The City continues to operate within a rapidly changing technological environment, and Mr. Mitchell provides the requisite skills to not only provide leadership during the transition, but to maintain continuity of operations, manage and stabilize budgets and contracting needs, and apply technical skills as necessary.
He also possesses advanced knowledge of enterprise networks and servers, cybersecurity and incident response, and project management, combined with operational knowledge of planning, organizing, and directing staff, providing the City needed skills during the remainder of the recruitment period.
Government Code Section 21221(h) and Section 7522.56 authorize the City Council to appoint a retired annuitant to a vacant position if:
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1. The appointment is made by Resolution of the City Council.
2. The appointment is for a vacant supervisory, managerial or executive position.
3. The appointment is interim and of limited duration.
4. The retiree may only be appointed once to the position, and the appointment must specify an end date that cannot be extended.
5. The retiree may work no more than 960 hours in a fiscal year.
The Information Technology Manager position has a current salary range of $78.40 to $96.21 per hour. Consistent with the City’s salary schedule, staff recommends an hourly rate of $96.21 for the interim appointment. The retiree will not receive any other benefits, incentives, or compensation in lieu of benefits.
The appointment would commence on March 25, 2026, and conclude no later than December 31, 2026, or 960 hours, or completion of the recruitment process, whichever occurs first. Since the appointment may only be made once and cannot be extended, the end date takes into account potential delays in the recruitment timeline.
FISCAL IMPACT:
The estimated monthly cost for the Interim IT Manager is approximately $15,009, funded in the Technology Development operating budget for FY2026. Minimal onboarding or administrative costs will be absorbed within the existing Human Resources budget. There is no new funding request associated with this action.
ENVIRONMENTAL IMPACT:
The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.
RECOMMENDATION:
Adopt a resolution appointing Bill Mitchell as Interim Information Technology Manager pursuant to California Government Code Section 21221(h).
ALTERNATIVES:
1. Appoint an Acting Information Technology Manager from within the organization.
2. Leave the position vacant until the recruitment is completed.
ATTACHMENTS:
1. Resolution with Exhibit A (contract)
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4 RESOLUTION NO. 2026 - __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO APPOINTING BILL
MITCHELL AS INTERIM INFORMATION TECHNOLOGY MANAGER PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 21221(H)
WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City of San Bruno (“City”) desires to appoint Bill Mitchell (“Retired Annuitant”) as an interim appointment retired annuitant to the vacant position of Interim Information Technology Manager for the City of San Bruno under Gov. Code section 21221(h), effective March 25, 2026; and
WHEREAS, the City and Retired Annuitant certify that Retired Annuitant has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the City Manager has authorized the search for a permanent appointment; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end on December 31, 202; and
WHEREAS, the entire employment agreement between Retired Annuitant and the City has been reviewed and is attached herein; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the minimum base salary for this position is $78.40 per hour; the maximum base salary for this position is $96.21 per hour; and
WHEREAS, the hourly rate paid to Retired Annuitant will be $96.21; and WHEREAS, Retired Annuitant has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby certifies the nature of the employment of Retired Annuitant as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Information Technology Manager for the City by March 25, 2026, due to the current Information Technology Manager vacancy.
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ATTACHMENT 1
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4 Exhibit A: Agreement for temporary employment of a retired CalPERS annuitant ---oOo---
I hereby certify that foregoing Resolution No. 2026 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on March 24, 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________________
Alissa Leonardini, Deputy City Clerk
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4 EXHIBIT A
AGREEMENT FOR TEMPORARY EMPLOYMENT
OF A RETIRED CALPERS ANNUITANT
[see attached]
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4 AGREEMENT FOR TEMPORARY EMPLOYMENT
OF A RETIRED CALPERS ANNUITANT
THIS AGREEMENT, made and entered into this _____ day of March 2026 by and between the CITY OF SAN BRUNO, a municipal corporation of the State of California, "City", and BILL MITCHELL, "Retired Annuitant."
RECITALS
WHEREAS, City requires extra help to perform work of a specialized skill for a limited duration; and
WHEREAS, Retired Annuitant, served as an Information Technology (IT) executive, and will utilize that expertise to serve as the Interim Information Technology Manager while the City conducts a recruitment for this vacant position; and
WHEREAS, Retired Annuitant, as a former manager of people and operations in a municipal IT setting, has the ability to provide interim leadership to the current division staff which is critical to continuity of operations both within the division and throughout the City organization; and
WHEREAS, the Retired Annuitant is knowledgeable and skilled in project management, budget and contract stabilization, and enterprise IT project implementation and it is of vital importance to the City fo have the Information Technology division to continue operations with a staffed manager; and WHEREAS, the City wishes to have Retired Annuitant perform these necessary on-going duties and functions of the Information Technology Manager for a limited duration; and
WHEREAS, Sections 21221 and 7522.56 of the California Government Code authorizes the Retired Annuitant as a person with specialized skills needed in performing work of limited duration, provided, that (1) the appointment does not exceed a combined total of 960 hours per fiscal year, (2) the compensation does not exceed the maximum monthly base salary paid to other employees performing comparable duties to equal an hourly rate, and (3) the retired annuitant does not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate.
NOW THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein, the parties hereto agree as follows:
1. Effective Date and Term of Agreement: This Agreement shall be effective March 25, 2026 ("Effective Date") and shall automatically terminate no later than December 31, 2026, or 960 hours, or completion of the recruitment process, 157 of 166
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4 whichever occurs first, unless terminated earlier in accordance with Section 3 of this Agreement.
2. Compensation and Work Schedule:
a. Appointment and Scope of Services: Pursuant to this Agreement, Retired Annuitant shall temporarily perform the duties of Information Technology Manager as well as any key special assignments as may be necessary as determined by the City Manager. Such employment is "at will" and is subject to the terms of this Agreement. The Retired Annuitant shall perform said duties at the pleasure of and under the direct supervision of the City Manager or his designee.
b. Rate of Pay: Retired Annuitant shall be paid at the rate of $86.59 per hour, which represents Step 5 of the City's current salary schedule for Information Technology Manager.
c. Work Schedule and 960-hour Limitation: Retired Annuitant is expected to devote necessary time, within and outside normal business hours, to the business of the City of San Bruno. However, pursuant to Government Code section 21221, Retired Annuitant can work a maximum 960 hours per fiscal year for all public employers that contract with CalPERS for retirement benefits. The City Manager retains the right to designate, reduce, change, or amend the number of hours assigned to Retired Annuitant consistent with the department's workload and other needs. It is the responsibility of the retired annuitant to track the number of hours worked.
d. Status: Retired Annuitant shall serve at the pleasure of the City Manager, subject to the terms and conditions hereof, and shall not acquire a property interest in employment or a right to continuing employment with the City of San Bruno. The terms, covenants, and conditions of Retired Annuitant's employment with the City are expressly limited by and to the terms, covenants and conditions of this Agreement.
e. Benefits: Retired Annuitant shall not be entitled to any benefits other than the hourly wage listed above in Section 2b.
3. Termination: Either party may terminate this Agreement without cause upon giving the other party not less than two (2) weeks prior written notice.
Notwithstanding anything to the contrary, Retired Annuitant shall, upon City's Notice of Termination deliver to City a written status report of all projects or matters in which Retired Annuitant is involved. In the event of termination, all rights and obligations of the parties hereto shall thereupon cease. The provisions of this paragraph shall not be deemed a limitation upon the respective rights or remedies of the parties hereto which may accrue to them.
4. Employment Status:
a. Benefits: Other than the compensation described above in Section 2b, Retired Annuitant will receive no other benefits, incentives, compensation in 158 of 166
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4 lieu of benefits, or any other form of compensation. Retired Annuitant understands and agrees that they are not, and will not be, eligible to receive any benefits from the City of San Bruno.
b. No Property Right in Employment: Retired Annuitant understands and agrees that the terms of employment are governed only by this Agreement and that no right of regular employment for any specific term is created by this Agreement. Retired Annuitant further understands that they acquire no property interest in their employment by virtue of this agreement, that the employment is "at will" as defined by the laws of the State of California (meaning that they can be terminated at any time for any reason or for no reason), and that they are not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action.
c. Employment of a Retiree: Retired Annuitant understands that CalPERS retired annuitants may be employed by a CalPERS public agency employer, by temporary appointment to a position not to exceed 960 hours in any fiscal year for all such employers; either (1) during an emergency to prevent stoppage of public business or (2) because the retired employee has skills needed in performing the work of limited duration.
d. Representations of Retired Annuitant: Retired Annuitant represents that they are properly trained to perform the duties required of the position and this Agreement.
5. Standard of Performance: All services to be performed by Retired Annuitant pursuant to paragraph 1 hereof shall be performed in accordance with all applicable ordinances, policies, and rules and regulations of the City.
6. Indemnification: The City shall defend, save harmless, and indemnify the Retired Annuitant against any tort, professional liability claims or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Retired Annuitant's duties as the Information Technology Manager. The City may compromise and settle any such claim or suit and the amount of any settlement or judgment rendered thereon. Said indemnification shall extend beyond termination of employment, and the otherwise expiration of this Agreement, to provide full and complete protection to the Retired Annuitant as described herein, for any acts undertaken or committed in the course and scope of their capacity as the Information Technology Manager, regardless of whether the notice of filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or following the Retired Annuitant's employment with the City.
7. Non-Assignment of Agreement: This Agreement is intended to secure the individual services of the Retired Annuitant and is not assignable or transferable by employee to any third party.
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4 8. Governing Law/Venue: This Agreement shall be interpreted according to the laws of the State of California. Venue for any action or proceeding regarding this contract shall be in San Mateo County.
9. Enforceability: If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
10. Conflict of Interest: Retired Annuitant agrees that during the term of this Agreement, they will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor or association, whether compensated for or not, that would in any way conflict with, or impair Retired Annuitant's ability to perform the duties described in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first hereinabove written.
CITY OF SAN BRUNO: RETIRED ANNUITANT:
By:
______________________________
By:
____________________________
Alex D. McIntyre
City Manager
Bill Mitchell
APPROVED AS TO FORM:
By:
______________________________
Trisha Ortiz
City Attorney
ATTEST:
By:
_________________________________
Lupita Huerta
City Clerk
Reference: City Council resolution number 2026-## adopted on <INSERT DATE>. 160 of 166
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: March 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matt Lethin, Police Chief
SUBJECT: Introduction of Ordinance entitled an Ordinance of the City Council of the City of San Bruno Amending Chapter 5.04 of the San Bruno Municipal Code regarding Nuisances, Amending Chapter 5.24 of the San Bruno Municipal Code regarding Maintenance of Distressed Vacant Properties, and Amending Chapter 10.20 of the San Bruno Municipal Code regarding Collection, Transport and Disposal of Garbage
BACKGROUND:
Clean Up San Bruno is a City Council priority initiative focused on reducing illegal dumping and littering, improving neighborhood conditions, and enhancing the overall cleanliness and appearance of the community. The initiative recognizes that visible blight, unmanaged vacant properties, and illegal dumping negatively impact neighborhood pride, public safety, and quality of life.
Since launching Clean Up San Bruno, staff have worked collaboratively across departments to identify recurring enforcement gaps and structural limitations within the Municipal Code that restrict the City’s ability to act proactively and efficiently. While the City’s existing code prohibits illegal dumping and nuisance conditions, staff experience has shown that certain provisions limit early intervention, cost recovery, and accountability.
The proposed Municipal Code amendments and additions are designed to modernize enforcement tools, clarify responsibility, strengthen deterrence, and provide a clear legislative framework to support Clean Up San Bruno.
Amendments to the Municipal Code require introduction and adoption of an ordinance by the City Council.
DISCUSSION:
The proposed ordinance includes the amendments summarized below.
Chapter 5
Chapter allows the City to require a Vacant Property Management Plan to provide a plan for actively monitoring, maintaining and securing the property for the anticipated or expected period of vacancy that demonstrates how the property will be maintained to achieve minimum maintenance and security requirements. Currently, a property is subject to a Vacant Property Management Plan 161 of 166
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March 24, 2026
only if it has received three or more uncontested nuisance notices or administrative citations within a twelve-month period. This threshold limits the City’s ability to intervene proactively and often delays action until conditions have deteriorated and repeated violations have already occurred.
The proposed amendment would expand the definition of what qualifies as a vacant property subject to a Management Plan, by requiring only two notices to correct within twelve months, instead of three notices within twelve months. Reducing the number of notices allows the City to require corrective planning earlier in the lifecycle of neglect. This change supports preventative enforcement and neighborhood stabilization.
The proposed amendment also makes it clear that the Vacant Property Management Plan can require vacant properties be properly enclosed by fencing constructed of materials and colors compatible with the surrounding streetscape and neighborhood environment. This ensures that fencing intended to prevent trespass or dumping does not itself create visual blight and supports the overall aesthetic goals of Clean Up San Bruno.
Section 5.04.080 - Public Nuisance
The proposed amendment adds a section to declare illegal dumping as a public nuisance so the City can exercise its nuisance abatement and cost recovery powers to abate such nuisance.
Chapter 10
The proposed amendment adds provisions to Chapter 10, regarding garbage and refuse, to address illegal dumping. Namely, the amendment clarifies that an owner or operator of a motor vehicle or trailer used in illegal dumping may be held liable for all costs, penalties, and fines associated with the violation. This provision strengthens accountability where vehicles are used to transport and dispose of waste unlawfully and reduces evasion of responsibility. Similarly, all persons creating or generating discarded items or waste matter are responsible for ensuring lawful disposal. This provision addresses a common enforcement challenge where materials can be traced to a source, but the generator claims lack of involvement in the physical act of dumping.
The proposed amendment also holds landlords responsible for ensuring lawful disposal of tenant property following eviction or vacancy. Where property is illegally dumped and the City establishes, by direct, indirect, or circumstantial evidence, that the illegally disposed materials originated from or are attributable to a specific rental unit or real property, the City may pursue enforcement against tenant, real property owners, the owner(s) of illegal dumped property, and any combination thereof.
The proposed amendments also add a provision that prohibits dumping garbage generated from private property into public litter containers intended for incidental public use. This responds to complaints received by staff regarding private businesses or residents disposing of their waste in City litter receptacles. This change protects public resources and reduces overflow and maintenance costs.
The proposed amendments clarify that evidence to establish a violation may include a number of sources, including surveillance photos, videos, etc. A violation may be established based upon direct, indirect, or circumstantial evidence. Personal observation of the act of dumping by a City employee or peace officer is not required.
Finally, the amendments establish a reward program for individuals who provide information 162 of 166
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March 24, 2026
leading to arrest, citation, or administrative enforcement for illegal dumping violations.
The program would be administered by the City Manager, who can pay rewards up to $500 for the successful criminal, civil or administrative action against a person found to be illegally dumping.
FISCAL IMPACT:
The proposed ordinances may result in minor increases in staff workload related to enforcement, administration of a reward program, and case management. These impacts are expected to be absorbed within existing departmental resources. Over time, improved deterrence and accountability may reduce cleanup costs associated with illegal dumping.
ENVIRONMENTAL IMPACT:
The proposed ordinances are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that the actions will not result in a significant effect on the environment.
RECOMMENDATION:
Staff recommends that the City Council introduce an Ordinance of the City Council of the City of San Bruno Amending Chapter 5.04 of the San Bruno Municipal Code regarding Nuisances, Amending Chapter 5.24 of the San Bruno Municipal Code regarding Maintenance of Distressed Vacant Properties, and Amending Chapter 10.20 of the San Bruno Municipal Code regarding Collection, Transport and Disposal of Garbage.
ALTERNATIVES:
1. Decline to Introduce the Ordinance
2. Provide direction to modify the Ordinance and return with a modified Ordinance for Council consideration
ATTACHMENTS:
1. Proposed Ordinance
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9 ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING CHAPTER 5.04 OF THE SAN BRUNO MUNICIPAL CODE REGARDING NUISANCES, AMENDING CHAPTER 5.24 OF THE SAN BRUNO MUNICIPAL CODE REGARDING
MAINTENANCE OF DISTRESSED VACANT PROPERTIES, AND AMENDING CHAPTER
10.20 OF THE SAN BRUNO MUNICIPAL CODE REGARDING COLLECTION, TRANSPORT
AND DISPOSAL OF GARBAGE
The city council of the City of San Bruno ORDAINS as follows:
SECTION 1. Subsection A of Section 5.24.030 (Vacant property as public nuisance) of Chapter
5.24 (Maintenance of Distressed Vacant Properties) of the San Bruno Municipal Code is amended to read as follows:
A. A property is a public nuisance when the property is vacant and the city has within twelve months issued three two or more notices to correct or administrative citations set forth in Chapter 5.04 of the San Bruno Municipal Code, or other violations of local, state, or other law, which notices or citations were either not contested or were contested and the hearing officer or hearing body found a violation of law.
SECTION 2. Subparagraph f. of Paragraph 3 of Subsection B of Section 5.24.040 (Vacant Property management plan) of Chapter 5.24 (Maintenance of Distressed Vacant Properties) of the San Bruno Municipal Code is amended to read as follows:
f. The property shall be secured in a manner so as not to be accessible to unauthorized persons nor creates an attractive nuisance (as defined in Chapter 5.04 of this code), including, but not limited to, installing fencing constructed of materials and colors compatible with the surrounding streetscape and neighborhood environment to prevent access to the property, or closing and locking of windows, doors and garage doors, gates and any other opening of such size that it may allow access to the interior of the property and or structure(s). In the case of broken windows, securing means the reglazing or boarding of the window.
SECTION 3. Section 5.04.080 (Declaration of illegal dumping as a public nuisance) is added to Chapter 5.04 (Nuisances enumerated) of the San Bruno Municipal Code to read as follows:
Pursuant to California Government Code Section 38771, the city council hereby declares that the transport, hauling, carrying, gathering, or disposing of any garbage or rubbish in the city in violation of this Code, including but not limited to Chapter 10.20 (Garbage and Refuse), or State or Federal law to be a nuisance.
SECTION 4. Section 10.20.035 (Collection, transport, disposal in accordance with law) is added to Chapter 10.20 (Garbage and refuse) of the San Bruno Municipal Code to read as follows:
A. The operator or the owner of a motor vehicle, trailer, or other means of transport shall not permit its use for the collection, transporting, hauling, carrying, gathering, or disposing of any garbage in violation of this Code, or State or Federal law.
B. Each of the operator and the owner of a motor vehicle, trailer, or other means of transport has a duty to take all reasonable steps to prevent its use for the illegal collection, transporting, hauling, carrying, gathering, or disposing of any garbage in violation of this 164 of 166 ATTACHMENT 1
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9 Code, or State or Federal law. Reasonable steps are controlling use of the motor vehicle, trailer, or other means of transport to prevent its use for the collection, transporting, hauling, carrying, gathering, or disposing of any garbage in violation of this Code, or State or Federal law.
C. It is the duty of each person creating or generating discarded items or waste matter to take reasonable steps to ensure such items or waste matter are disposed of in a container or receptacle as required by law. Reasonable steps are controlling discarded items or waste matter to ensure disposal as required by law. The person who creates or generates discarded items or waste matter is jointly responsible for disposal in violation of this Code, or State or Federal law, along with any party who commits the act of disposal in violation of this Code, or State or Federal law.
D. It is the duty of the owner of a premises to take reasonable steps to dispose of garbage from the premises as required by this Code, or State or Federal law, and to ensure the owner’s tenants, licensees, invitees or any other occupants of the premises dispose of garbage or otherwise discard items from the premises as required by this Code, or State or Federal law. Reasonable steps are providing receptacles for the proper collection of garbage and refuse on the premises and controlling the removal of items from the premises upon the owner’s termination of the rights of any tenant, licensee, invitee or any other occupant to use the premises, to ensure that such items are disposed of in accordance with this Code, or State or Federal law.
SECTION 5. Subsection D is added to Section 10.20.070 (Dumping Prohibited Where) of Chapter 10.20 (Garbage and Refuse) of the San Bruno Municipal Code to read as follows:
D. It is unlawful for any owner, employee, or agent of a business or owner or tenant of residential property to dump, or cause to be dumped, any garbage or rubbish of any kind that is generated from that business or property into, on top of, or adjacent to a public litter container placed for incidental use by the public.
SECTION 6. Section 10.20.100 (Surveillance-based enforcement) is added to Chapter 10.20 (Garbage and Refuse) to read as follows:
A. A violation of this Chapter may be established based upon direct, indirect, or circumstantial evidence. Personal observation of the act by a City employee or peace officer is not required to establish a violation.
B. Evidence sufficient to establish a violation may include, but is not limited to, any of the following:
1. Video surveillance footage, whether obtained from City-owned equipment or lawfully obtained from private or third-party sources;
2. Photographs or recorded images depicting the activity, vehicle involvement, or dumped materials;
3. Identification of a vehicle used in connection with the violation, including license plate information;
4. Documents, materials, or identifying information found within or among the dumped materials that reasonably indicate ownership, possession, or responsibility;
5. Witness statements, investigative findings, or other evidence reasonably relied upon in administrative or civil enforcement proceedings. 165 of 166
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9 SECTION 7. Section 10.20.110 (Reward program) is added to Chapter 10.20 (Garbage and Refuse) to read as follows:
The City Manager may establish a special fund to pay rewards in the amount of no more than $500.00 to individuals providing information leading to identification of, and successful criminal, civil or administrative action against, any person violating this chapter.
The City Manager may create rules concerning administration of the fund and eligibility for rewards.
SECTION 8. Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
SECTION 9. Effective Date. This ordinance shall take effect at 12:01 am on the thirty-first day after its adoption.
SECTION 10. Publication. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance to be published according to law. ______________________________
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 March 24, 2026 and adopted by the San Bruno City Council at a regular meeting on _________, 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
______________________________
Lupita Huerta, City Clerk
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