foreign
good evening everyone
and first and foremost welcome to the
San Bruno city council meeting of the
regular meeting of January the 10th 2023
and uh Happy New Year to everyone
and may I please have roll call
council member Alvarez
council member Marty
here council member Salazar
here vice mayor Hamilton
here mayor Rico Medina here
thank you very much all president
accounted for and now item number three
will be the Pledge of Allegiance I've
asked if the president of the Board of
Supervisors and our supervisor for San
Bruno Dave Pine could lead us in the
pledge this evening
foreign
thank you Mr Pine
at this time uh we will go on to item
four which is public comments for items
that are not on the agenda any member of
the public wishing to speak we'll have
up to three minutes the city clerk has your speaker card so thank you for
everyone doing that so those that are
present in the audience will be asked to
speak first and if there are any that
are via Zoom we will take those at that
time so with that city clerk if you
could call the names we have an
in-person speaker Chris Borges
foreign
just hold on I just want to make sure
your mic is live so we're just going to
check that real quick hold on
good thank you all right sorry for the
interruption so you go up uh Crystal
Springs Road on the right side there's a
white safety line that goes all the way
up it's completely faded and when you
come down on the right side faded
25 mile per hour Zone people are flying
coming down about 50 53.
the middle of the two lanes that are
striped those are worn out
then you go down
um
what is it a Sanborn Avenue in Princeton
so people are a little bit nervous
coming over from Princeton Sanborn
Avenue make a left on Princeton they're
coming down they're really just flying
coming down Sanborn Avenue unsafe
and then a couple different issues
there's a tree in front of Walgreens on
San Mateo Avenue that has not been
rectified over two years we've been
talking about it I trust it
it's dark it's depleted people are
walking down
on the sidewalk coming out and it's
pitch black so it's unsafe for kids
adults seniors coming out of there
they say it's Walgreens tree it's on the sidewalk it's outside the
perimeter of Walgreens
has not been taken care of
the garbage throughout San Bruno is
getting
really bad you know if if you got the
city of Sierra Moreno
and you got City Hall is clean we should
try to keep the rest of the San Bruno
also clean just like the city hall
you have a San Bruno fire department
that's the oldest Fire Department in San
Mateo County
we got some big issues ahead of us to
make some good decisions to move forward
and uh you know school zones I think the
patrol needs to be you know maybe out
there a little bit more for the kids in
the morning
and uh when schools let out
when you're seen it's a big difference
when you're seen and you're out there
and the safety of a kid is a huge
difference
more on the back side on crestmore Drive
near John Muir
you have a crosswalk coming out of the
school
so the Red Zone when they sprayed it
it's really short so when you're coming
down crestmore kids are coming out
there's a blind spot because the car is
parked too close to the crosswalk
if you open up the crosswalk I mean the
Red Zone and spray it a little bit
further up you won't have a blind spot
for the kid to come through or a child
or a senior or anybody a pedestrian to
come through that crosswalk to be seen
so a little bit of a
follow-up it's tough for people to come
to the meetings but a lot of people are
talking about this a lot of things in
the city of San Bruno
and it's hard for people to call and
follow up and do the due diligence of
what the city is supposed to be doing
for the people the taxpayers of San
Bruno
each department should be communicating
with others they should be talking to
the city manager they should be talking
to you guys and you know bring it back
to what it used to be like when Mr
Marshall was here open door policy let's
take care of business let's move forward
that's it thank you Mr boges thank you
I'm receiving information that maybe the
sound is not functioning on uh
city net service so if anybody could
just check that real quick please next
speaker please
we have one remote hand up Tim
there are no other speakers within the
audience that we should speak on public
comments okay please
Tim I will now be bringing you in
Tim whenever you're ready you may begin
ahai actually it's Raina good evening
everyone thank you so much for the
opportunity to speak tonight and I want
to bring
um
a couple of issues well the same issue
is one is the safety of Huntington and
Florida
there's not a stop sign there so it's a
blind spot to turn left on Flora to on
to
um Huntington going north going north of
course uh also Florida Park you know
Florida and Taylor is basically
um
it's not safe we need at least The
Pedestrian right away
okay it is about time I see uh that it's
going to be a dress about how finishing
Florida Park we don't need okay the
Florida Park is fine I just I I think
the families in the neighborhood don't
have the time to be calling and
following up but safety in the park
close by it's important because the the
uh I work every day and I I I'm not the
only one who basically Femme for
ourselves when the cards just run like
40 miles an hour
okay so we need pedestrian right away
Taylor everywhere surrounding Florida
Park so
um I don't know what else uh to say but
please focus on that that is so
important
and thank you so much for allowing me to
speak
thank you for your comments rain
I do not have any other speaker
oh the remote hands are raised thank you
very much thank you for your comments
we'll move on to item five which is
announcements and presentations uh first
we'll start with item a staff update on
the city's response to the late 2022 and
the early obviously we all know this
2023
winter storms
that was not uh sound effects that was
done
and that is what we just heard but with
that I'd like to turn it over to our
city manager uh which um I don't know if
it's a good sign or not for that for
intro from outside
that was very fitting introduction thank
you mayor Devon Grogan city manager to
the mayor members of council members of
the public both here and at home my name
is Javon Grogan and I'm the city manager
and I have the pleasure of providing a
brief update on the storm that we just
hear we have an another mini storm front
approaching
uh this will be a very brief
conversation uh up on the screen you
have the uh also Matthew Lee our Public
Works director uh he is here uh but I
have uh agreed to run uh the council in
the community through this brief
presentation uh we'll provide a quick
overview of our storm preparation uh
we'll talk about the city's response our
activation of the what we call the EOC
our Emergency Operations Center we'll
talk a little bit about the public
messaging as well as a picture is worth
a thousand words so we'll probably have
about 15 000 words in this presentation
via pictures and then talk about next
steps and certainly take any questions
from the city council
so just a general note uh every time
there's a storm we do preparation
leading up to this storm we cleaned
trash in the community and removed
debris we cleaned what's called catch
basins uh the grapes and also our trash
capture devices at our storm inlets
across the city we know that those
routinely accumulate with trash and we
try and clean those out ahead of a storm
we also ordered a number of supplies we
monitor the weather the county activated
their Emergency Operations Center and so
know that your staff here at the city of
San Bruno was a part of all of those
calls and we ensured that we had the
appropriate personnel on on scene
so as We Know
from all the news reports these were
record storms uh the San Francisco
region experienced a total storm surge
uh greater than the amount of rainfall
that has fallen
in a five-day period in the last hundred
years second in the last hundred years
and so we here at the city of San Bruno
activated our Emergency Operations
Center the city's Municipal Code gives
the city manager the power to sign an
immediate Proclamation and so I took
that action and we immediately activated
our Emergency Operations Center to
monitor the storm the picture that is on
the screen is a picture of your San
Bruno ELC and our team
monitoring and actually responding to
incidents we also set up something that
thankfully we did not have to activate
which is a tep a temporary evacuation
Center that was going to be here at the
senior center it's a location that we
have that has a generator and could be a
warming place and a evacuation Center if
we if we need needed and we were fully
prepared and even tonight we have left
our emergency trailer out there uh
filled filled with the necessary
supplies should we need to activate
so uh sandbags as we all know sandbags
were in short supply not just in the
county but across the bay area
thankfully due to the work of our public
works department we ordered pre-filled
sandbags but like most cities we quickly
ran out I'm happy to announce that here
in the city of San Bruno we did not have
a shortage however like many other
communities experienced we had about one
day where we had a low on short on on
sandbags and then about three o'clock we
were able to utilize one of our vendors
Jericho Project that is helping us with
our fire mitigation and within a phone
call had about 20 people here in a
matter of 30 minutes filling sandbags
for this community and so those pictures
there are indicative of what occurred
over several days of the storm surge we
had residents coming in very orderly
picking up sandbags and we continue to
have necessary sandbags for both the
community and protect public
infrastructure so I just want to
congratulate both the public works
department and Jericho Project and thank
you thank them for the work that they
did
as the community and the council knows
we certainly pushed out a number of
communication on frankly every medium
that we have available just want to take
a moment and we'll do it a little bit
later remind the community that SMC
alert San Mateo County alert we really
need you to register for that that is
how we will notify you in an emergency
sort of doing a reverse 9-1-1 where we
dial every phone possible that's not a
opt-in SMC alert is a opt-in system and
we really need every member of the
community to opt into that system
because we can actually triangulate by
neighborhood and buy the information
that you put in when you register for
that system and so I won't go through
all of the announcements but just thank
you thank you to our Communications team
in the EOC that pushed out all of the
various alerts to the community
I hear the thunderstorms continuing to
roll as we talk we set up a number of
dedicated
contact cell phone numbers we don't want
everyone calling the non-emergency 9-1-1
number for everything and so there are
phones phone numbers to call if you see
a flooded intersection if you need help
with Logistics housing and so all of
that information was pushed out on our
website and is available to the
community but in the event of emergency
always call 9-1-1 and when in doubt call
our non our non-emergency number
also important to note in just a minute
when I take my seat we will have one
Shoreline provide a presentation on
their work with regard to the seventh
and walnut area and other work to
develop a long-term fix for some of the
flooding that has occurred in our
community just an important note that we
worked with one Shoreline and thanks to
some infrastructure that they've
recently installed we were able to push
out a proactive message to alert the
community that we did expect flooding in
that area and continue to issue alerts
specific to that area
overall our preliminary damage
assessment has approximately well at the
time we printed this 14 but now there's
a list of 16 areas where we've had
various mudslides sinkholes we had a
street light outage of in a portion of
our community near Whitman Way and
Princeton after and during the storm as
well as
manhole depressions and so the council
should know that as a part of the
emergency declaration process we do have
a 72-hour time frame to get in a
preliminary damage assessment we have
completed that both for the storm that
hit on New Year's Eve and this storm
that occurred just a few days ago and so
know that those preliminary damage
assessments have been done however a few
of the
um
impacts from the storm uh will be long
term and we will need to identify a
permanent fix for them and we'll go
through a few pictures right now and
certainly there was localized Flooding
at areas in San Bruno that are common uh
and and prone to flooding I think we all
in the community know that San Bruno has
a deficient storm water system we have a
storm water system that we know is over
100 years old and the city did a study
in 2017 and there was more than 50
million dollars of known improvements uh
and and we will are and will continue to
work on providing more funding for our
storm water system uh certainly this
flood surge was record levels of water
but as we'll see in some of these next
pictures some of the more concerning
issues are are the landslides and so
we've had a number of locations where
there's been landslides and we've had
our geotechnical Engineers out to assess
these areas sometimes they're behind
homes other times they're on areas that
you can visibly see for example driving
San Bruno Avenue but but know that your
staff has not only taken temporary
measures to visqueen or put plastic to
cover a number of the slides but we've
also had geotechnical Engineers out and
I hiked many of these areas yesterday
with our staff
but of most concern or let me talk about
trees as we know high winds that we
continue to experience we had a number
of tree failures many people in the
community did not experience closed
roads and that's really because of the
wonderful work of our Public Works staff
and our fire department that were out
there immediately as a tree fell and
removed it from the roadway but we had
trees that fell all throughout the
community due to the high wind taking
out power power lines but a most concern
are two sinkholes one in the
uh Northern parking lot of Church of the
Highlands that is actually a city storm
drain that's the picture in the middle
that is a temporary fix that our
consultant uh or one of our emergency
contractors was able to put in place
it's a 54 and storm dream Culvert that
collapsed and created a sinkhole there
has been a temporary fix and there's
currently three metal grates covering
that fix but we do expect this to be a
very large and likely very expensive fix
and if you go there now you can hear the
water gushing we cannot fix it in the
middle of the storm season but we do
believe that this temporary fix will hold but there is a large section
of the pipe that is depressed and has
created a sinkhole and so that area is
currently off limits in addition near
city park at Cypress and Crystal Springs
there was a sinkhole that developed
under the sidewalk uh happy to announce
that that a permanent fix has already
been installed for that our contractor
worked throughout the night until five
o'clock in the morning one day just to
fix that when we had a break in between
the storms we have not yet repaired the
concrete of course due to the due to the
Rain
next steps we will we are in the early
phase as I mentioned of our assessment
process we will continue to prepare for
these storms that are coming thankfully
they appear to be less in severity than
what we've experienced we will complete
our damage assessments provide that
information to the council and later on
your agenda tonight is the ratification
to continue the emergency the existence
of the local emergency and we anticipate
continuing with that local emergency
and asking the council to Sunset that
emergency at the next council meeting we
still would like to con continue with
the activation of our ELC as we continue
to assess and then experience continued
precipitation make sure that we're able
to respond and respond appropriately
thank you happy to take any questions
thank you very much before I asked my
colleagues for any questions I do want
to thank the county
for their efforts
opening up the Event Center getting Red
Cross there established but also just
the county and the Dem having the calls
to the emergency services Council in
addition to staff so what I want to say
is some of these calls are at 9am 1 30
p.m 4 P.M uh and I was on those and was
even at a celebration of life Sunday and
there are staff is on it as I am and so
I want to thank the staff because I was
always assured San Bruno was well
represented and was there taking care of
things and I appreciate that and that's
where everybody from the county is
telling each other what their status is
what what what's happening and so it's
again the county having a collective
effort and this was a great mechanism
that was learned from from covid
and I want to thank staff because we
know from our uh public works department
Community Services Department police
fire it's a lot and a lot came on New
Year's Eve and and into the new year
and I know for the whole County staff I
know I had a meeting on uh
ALS jpa and here we were at 10 A.M in
Brisbane manager who runs that was
saying the whole town is out the whole
city is out uh Burlingame was operating
on a generator at the city hall so it's
really been daunting for folks so really
kudos to everybody in the county and
kudos to the city of San Bruno who I
felt very
comfortable and rested well somewhat but
knowing that things were being
represented present and knew they had
things in hand so I'd like the city
manager
Mr Lee to the Chiefs to please pass it
on to
um and see uh
the director
but anyway everybody can please pass it
on uh with that questions from
colleagues
if not uh right now uh through the vice
mayor uh Hamilton
yeah not a question just to comment and
I won't uh Echo everything that you that
you just said um although we all feel
the same way
um uh regarding the performance of our
staff
um police fire Community Services
sitting at public works all the all the teams working so hard
um uh for us through this I just wanted
to take a second to reiterate
um what the city manager said in the
presentation regarding the importance of
um of everyone to to download and
participate in the SMC alert
um system it really is quick and easy to
sign up
um and it's not a it's not one of those
things where you sign up and then you
regret it because you get a bunch of you
know you get a bunch of things that
aren't um that aren't uh important the
stuff that comes out when you get the
when or you know road closures and and
you know things that are things that you
need to know things that are important
and it's really a it's really worth it
and I highly highly recommend that
everyone download it
smclert.org thank you no other questions from
colleagues and is there any members of
the public that wish to comment or ask
questions on the section
we have one hand raised Robert Regal I will not be bringing you
in
I just had one question did the city
experience any ssos during the
end of the year first of the year
I'm sorry
to the mayor would you like me to take
that um members of the public may not uh
have heard but he I think the caller
said SSO sanitary sewer overflows uh yes
we did we experienced two sanitary sewer
overflows oftentimes when you have
localized flooding uh the sewer pipe
will fill up with storm water and then
bubble up at some of the clean outs and
manholes and that's why the health
officer in San Mateo County and we
always say don't walk in flood waters
they can be contaminated with bacteria
so we did report to sanitary sewer
overflows of one of just over 5 000
gallons and one of if memory serves me
around two or four hundred gallons but
we we will confirm that but certainly
anytime you have localized flooding
especially in a neighborhood where
there's residential sewer pipes you
oftentimes have sanitary sewer overflows
thank you very much no other comments
then I would ask maybe manager if you
don't go far
um because we'll go on to the next item B on Shoreline presentation on the
tide cloud gate reinplacement project
and if you could do the intro and sure
uh I would like to introduce the
executive director of Juan Shoreline uh
Lynn matherman who will provide our
presentation he is also here with
supervisor Dave fine and I think we will
have a supervisor Pine first
thank you city manager
president uh supervisor fine well good
evening council members and staff I'm
happy to be here tonight in my capacity
as the chair of one Shoreline which is
the San Mateo County flood and sea level
rise resiliency District I'm really
pleased to have the opportunity to talk
about one Shoreline and how we're
working in San Bruno to address flooding
concerns so one Shoreline was
established in 2020 with really three
objectives one was to approach these
problems in a multi-jurisdictional way
um second was the really to build staff
expertise and third was to be able to
compete effectively for
funding to to attack these problems and
we've made good Headway on those on
those goals we recently completed a
project in Redwood City called The Bay
Front Canal which had really languished
for many many decades because it's hard
for the cities to come together
in terms of expertise we have a small
and mighty staff it's only four people
but they wake up every day thinking
about flooding and a small team can go a
long way and we've had some success in
procuring funds we recently received
eight million dollars to work on a
project in Burlingame Millbrae but
tonight's discussion is of course
focused on on San Bruno so when matter
men will give the presentation talk a
little bit about one Shoreline but then
spend time on some of the immediate
actions that we've we've taken here to
try to alleviate flooding in the in the
Bel Air neighborhood we're concerning
the tide Gates and the pump stations and
then turn our attention to you know what
are the longer term solutions for
flooding in Bel Air where we're
recognizant of the fact that the Bel Air
neighborhood is in a FEMA flood zone and
that's very difficult for the residents
to have to pay those extra charges
so with that let me introduce so Ann
matterman the CEO of one Shoreline
good evening thank you for being here
yeah it's good to see you again Mr Mayor
and uh good to see you council members
thank you chair Pine for kicking us off
uh I wanted to also thank the city
representative from this part of the
county we have seven board members five
of which are from cities and the city
representative from the North Bay Side
is Donna Coulson from Burlingame and so
she also represents the interests of
this area and she's a contact for for
you as well as supervisor Pine also
wanted to acknowledge and thank McKenna
Wong who's sitting two rows behind Dave
Pine she's our project manager that
focuses in on San Bruno and has worked
extensively with City staff on what
we're about to talk about today
and and then finally acknowledge the
substantial efforts of Matt Lee and
Dennis Bosch here at the city who are
partners with us as well as city manager
Rogan and his staff
who we've been working with quite a bit
lately so I'll Advance this slide there
we go okay so that's the introductory
slide
and
so if I just I'm trying to press to
advance
um
this is
okay all right great so the pictures
that you see above the three on the left
are from San Bruno in 2021 people
remember that on October of that year
there was a very substantial event that
resulted in flooding to the Bel Air
neighborhood the picture at the right is
from the Pacific coast side and at one
Shoreline we are thinking about the
whole County including what's on the bay
side and the coast side in terms of the
water related impacts of climate change
oh there we go so the county had a
long-standing flood control district but
it only covered a small percentage of
the actual area in the county in terms
of generating Revenue to work on these
issues and actually projects in those
areas and on the Bayside it was a very
small percentage as well in the range of
about 10 percent and there was no
activity on the coast side given the uh
the substantial and in some ways unique
vulnerability of San Mateo County to
climate change and the water related
impacts it was felt that this Flood
Control District was inadequate to
address the issue and so in in 2019
there was State legislation
signed by the governor Newsom and it
established the San Mateo County flood
and sea level rise resiliency District
also known as one Shoreline as of
January 1 of 2020 and and we work on the
multiple issues associated with water
and climate including flooding and sea
level rise Coastal erosion as I
mentioned Regional storm water efforts
water retention and as part of the we we
look at Recreation opportunities for
recreational enhancement and
environmental enhancement we take a
holistic approach to to the threats
looking at all these different threats
and not just kind of a traditional flood
control approach holistic of you to
geography as supervisor Pine mentioned
we work multi-jurisdictionally and
throughout the county because of course
this issue of of climate does not in any
way respect jurisdictional boundaries
and no City can do it alone and then we
take a holistic view of objectives
we think about how to incorporate not
just governmental work but also with our
partners in the private sector and
community-based organization is bring
them into the fold and a holistic view
of the disciplines where climate is not
just a water issue or a wildfire issue
it's also a housing issue or a land use
issue or a transportation issue or a
utilities issue all of these things are
affected now and will be affected more
so in the future by the effects of
climate change
in terms of our activities this is our
last slide on one Shoreline but it
summarizes what we've been up to in 2020
2021 and 2022 setting up the new agency
as supervisor Prime mentioned we
completed a 10 million dollar
construction project down along the Bay
Side of Redwood City and Menlo Park
we've developed new multiple
jurisdiction jurisdictional projects
including the one that was mentioned in
Berlin Cayman Millbrae we've developed
the first of its kind in the Bay Area
zoning ordinance to address future
climate conditions for the city of
Burlingame and we're working with other
cities on their various General planned
documents specific plans and zoning
ordinances we would be very happy to
work with San Bruno on those types of
documents and and we've raised funds
we've spent about three and a half
million dollars just under that and
we've brought in almost 20 million
dollars so far so I think it's a good
return on investment to this point
um
if we look at the bay side and we look
where work is being done to address the County's unique vulnerability to sea
level rise in California there are areas
of the county that have work that is in
planning design or construction and
those are the areas in green of our 53
miles of County Shoreline there are also
substantial areas in red that don't yet
have those types of activities underway
in any coordinated way and those are the
areas in red and so we have a bay
program at one Shoreline to align and
connect all of the shoreline on the bay
side of this County
um we we work over the next 18 months
we're going to be doing a lot of work on
those planning documents
um because that's I think going to be
our Legacy is what are these communities
look like so that we don't have to
retrofit them in the future for things
that we know are coming like The New
Normal over every winter of drought and
Atmospheric River if anybody thinks that
this is a once in a lifetime event
um I would submit that they're probably
mistaken is that what we saw in 2021
what we've seen now in 2022 is what
we're going to see more or less in
Winters to come and we need to be
thinking now about that in terms of how
and where we develop and what what that
looks like are we are we positioning
ourselves to be able to become resilient
to these types of events also
multi-jurisdictional projects it's not
just Burlingame and Millbrae what we're
doing on San Bruno Creek is also a
multi-jurisdictional project as I'll
mention and these other items
okay so um so looking at San Bruno Creek
as was mentioned uh there was a
long-standing flood control district
that had flood zones in 2020 when when
Shoreline was established We inherited a
decades-old flood zone uh four of them
actually and the two that you see here
for Coloma Creek Watershed and the San
Bruno Creek is a flood zone the San
Bruno Creek flood zone collects property
taxes from residents within the city as
well as a small sliver of the Coloma
Creek Watershed specific to the San
Bruno Creek flood zone it generates
about 350 thousand dollars annually this
year we've been very active working with
the city and the county on on Creek
related issues that I'll describe we'll
be spending about eight hundred thousand
dollars this year and at the end of this
fiscal year we anticipate having a
reserve of about 2.3 million dollars on
the right now you can see coming up the
current FEMA flood map for the city of
San Bruno
um and the area in that's circled in
pink let's say is the area of San Bruno
that's within the FEMA flood map in in
those in that area of the city uh if if
a property owner has a federally backed
mortgage then they're required to
purchase flood insurance
um and this was a big topic of
discussion uh in 2017 2018
and the maps became the FEMA Maps became
effective in 2019 there are multiple
reasons that the Bel Air area of the
neighborhood an area of San Bruno is
within the FEMA flood map those are five
reasons that are listed there that
includes uh according to the modeled
reasons water coming from navigable
Slough down Shaw Road from South San
Francisco water I'm kind of going in a
circular way clockwise water coming up
the creek in San Bruno Creek the
backflow effects from a tight gate water
just coming from San Francisco Airport
into the city of San Bruno and South of
the airport there's a high line Canal
which is quite far from that area but
according to the models water that comes
up Highline Canal which separates
Millbrae and SFO would make its way into
San Bruno and then finally the Cupid's
row Canal whether there's enough
capacity there so we have to work on all
five issues if we want to get people out
of this FEMA flood map
taking a little closer view at the Bel
Air neighborhood it's located along
Highway 101 and Highway 380 and about
the first The Last Mile sorry of the
creek as it drains into the bay and in
that stretch it's very complex
jurisdictionally and technically where
you have the city of course the city of
San Bruno jurisdiction you have also
County unincorporated area San Francisco
International Airport ownership of land
Caltrans
right-of-way underneath 380 and Highway
101 and then as it drains to the Bay the
city of South San Francisco
is is the jurisdiction of that area and
we own the tide gate at one Shoreline
and we also have land rights where it
says the Walnut Pump Station
that that section North of San Bruno
Avenue
um as we as we look at uh as the work
um that there's been a lot of work uh
over the last 10 years a lot of
attention paid to this area here are
seven different Studies by different
agencies that have looked at this issue
and our job at one Shoreline as kind of
a regional body as I said that thinks
holistically is to pull together these
studies in a cogent way that makes sense
where we have one solution one big
solution that takes into account the the
data that has been gathered by multiple
agencies because this is a system in all
aspects of the system uh relate to one
another so that's what we're trying to
do if we look at the work that was done
uh the near-term work that was done to
reduce flooding in the Bel Air
neighborhood there was work done by by
one Shoreline that we worked with the
county and and City staff and the staff
that's in supervisor Pines office to
repair the tide guide this is the title
of our agenda item here and these two
pictures show a before and after of the
tide gate the picture at the top has the flap gate a jar and uh and three of
the four flap Gates were um were
detached and so water would flow freely
in from the bay and this was uh
something that occurred or they became
attached in the fall of 2021 and
undoubtedly that affected the flooding
that happened in October 2021. we fixed
those earlier this spring I mean
actually not the spring but the spring
of 2022 after uh the this circumstance
was identified and and we all discussed
why we think that made a big difference
in the storms of of the past 10 days or
so another near-term activity that we've
been working on is to repair and replace
and provide backup electricity for the
motors and the Walnut and Angus Pump
Station these are immediately adjacent
to the Bel Air neighborhood and are very
important resources to drain the water
that's collected on the streets of Bel
Air and pump it into San Bruno Creek so
that it can efficiently efficiently
float uh make its way to the to the bay
and then finally we're working with
Caltrans which as I mentioned has
right-of-way under Highway 380 and
Highway 101 to put a valve on their
outfall to reduce the water that backs
up from the creek in into the outfall
and then onto the Caltrans property
under 380 and then on to 7th Avenue and that whole cycle or movement of
water also exacerbates the flooding
there so how do we how do we know that
or think that the tide gate made a
difference
the work on the tight gate late
earlier this year so the repair project
We Believe has made a difference if you
look at the images on the left these are
images from dry days sunny days and it's
from January 3rd of 2022. the video is
driving along 7th Avenue heading towards
the city of South San Francisco and the still images are just pictures from
that day as well there's a lot of water
at 7th Avenue at the PG e site and then
of course heading under Highway 380. you
can see all that water
so that was in January and then at the
end of 2022 after the tide gate project
was done this is also during High Tides
you see basically no water in that same
area and
um and so we believe it's made it quite
a big big difference
um now when it rains and you have these
storms there's kind of a more much more
complicated mix of of fresh water and
tidal water and so that's one of the
things that excuse me we would be
studying uh in in the work that's
upcoming
so we have a set of rain gauges
throughout the county this was mentioned
earlier in Mr grogan's presentation we
have a set of of gauges of rain and a
creek height the water that's in Creeks
during storms and we look at those
gauges
during these storms any time of day 24
hours a day and depending on the
circumstance of both the water in the
channel and the rain that's coming
towards the channel we send out alerts
and the alerts go to City staff and the
alerts now in two watersheds including
San Bruno Creek go to the public through
SMC alert so I would Echo the comments
of Mr Grogan and your vice mayor about
the importance of SMC alert especially
if you live or work near the Bel Air
neighborhood because that's where we've
developed a what's called a polygon of
the map where we will send out SMC
alerts if it looks like San Bruno Creek
will over top or there will be
substantial flooding within that
neighborhood
it's kind of slow to come up so here are
what's called hydrographs of of the
creek events of October 24 2021 and
December 31 2022.
um essentially we watch those things and
worry about these things no matter what
time of day we're looking at it so that
you don't have to and we will rock we
watched these things and establish okay
is there a peak flow going on and do we
send out a message but if you compare
those two storms in October 2021 there
was more rain than in December of 20
December 31 of 2022 but December 31 of
2022 that storm had a higher peak of
water within the creek Channel
and at the same time it caused less a
little bit less flooding apparently
based on the information that we have
and I want to just pause there one
second and encourage people if they have
pictures or videos from their property
or if they're in the neighborhood and
they're seeing flooding feel free to
send it to us at one Shoreline because
as we calibrate our flood alert system
and as we think about uh projects in the
future it's very helpful for us to
understand where flooding occurred and
at what time
as we as we kind of develop those or
refine those products and so we we
believe that that that flooding was
reduced due to two things one is the
pump stations were fully functioning in
December of 31 of 2022 storm all the
pumps were online there was electrical
generator backup all the things that I
mentioned that we have been working on
through 2022 as well as the tide had
less influence because the tide Gates
were were operable fully operable
okay last slide long-term Solutions this
is super important so
all of everything I just said is about
the near-term how do we deal with the
flooding today to the best of our
Collective ability
that is not going to get people out of
the flood insurance program and it's not
going to address these issues long term we need to look at those five
sources of flooding and and think about
the FEMA maps and think about sea level
rise and how that is going to further
influence what we were seeing in the
slide with the video of the drive from
the car on 7th Avenue and so for the
long-term solution we're embarking on a
project we will get it started in 2023
regardless of what the federal
government says to us about our Grant
application we applied for nine hundred
thousand dollars we had the support of
San Bruno South San Francisco and others
on that application so we're hopeful but
regardless we will get started on the
project and potential aspects of the
project are a complete replacement of
the tide gate the repair that we made
was to a facility that was established
or built in the 1940s it is it is now
repaired it is working much better than
it was 15 months ago but it's is not a
long-term solution for this area so
replacing the tide gate is important
potentially building a new pump station
at the tide gate to get water
over the tide gate from the creek into
the bay another another idea is to
replace these pump stations that right
now we're constantly trying to repair
those pump stations were built in the
1960s and they are not up to the task of
these atmospheric Rivers another project
idea is to elevate the bay shoreline
between San Bruno Creek and Colma Creek
and because it's all kind of connected
with the sea level rise issue and then
finally to build one or more stormwater
detention basins adjacent to the creek
whether that's far Upstream near Highway
280 perhaps in the park right here at
this right next to where we're talking
right now or farther much farther
Downstream as San Bruno Creek goes along
the Bel Air neighborhood so these are
some of the project ideas that we're
going to get started on doing some
planning and project alternative
analysis with consultants in the next 12
months
and that concludes the presentation
I and McKenna and supervisor Pine would
be glad to answer questions thank you very much for that information
I think it's extremely helpful and I
don't know that as we've talked before
and I appreciate your time that folks
know those things that are occurring and
have occurred and so thank you for that
with that I'd like to ask my colleagues
if there are any questions that they
have at this time
yep yes uh
sorry to get used to this first welcome
again happy New Year and may I please uh
call upon council member Alvarez
thank you for your um very informative
presentation
um just reading on your website um and
you also mentioned that you have
identified three solutions which are
um replacing the pump station I know
that we have had
um problems whenever we have heavy rains
like this along 7th Avenue which was
built in the 1960s on that that bump
station when do you anticipate to start
the project that you identified
yeah uh thank you for that question
um so I guess what I would say is
the project would start with
understanding what those seven other
studies said and and pulling them
together into a cohesive plan okay and
so the project starts with planning and
collecting data so that we fully
understand the interaction between the
creek
the storm drain system for that
neighborhood the tides and water that's
coming in potentially from South San
Francisco and also from Millbrae if in
fact it is so we need to understand what
we're looking at and that's what we
would start in 2023 is to get gain that
understanding and and using those
previous studies as as an important
Baseline
and then we would start a process of a
SQL document so that we we make public
Alternatives and get feedback from the
public and from regulatory environmental
Regulatory Agencies to understand okay
what is a preferred project that we can
actually move forward on at the same
time we're doing a SQL document and
doing we would do design of a preferred
project and the SQL document and the
design process would go hand in hand
that would take a couple years and
during that time we would seek outside
funding one of the reasons one Shoreline
was created established in 2020 as
supervisor Pine mentioned is to be able
to attract external funding in a way
that maybe we otherwise couldn't because
we're working together as cities and one
Shoreline in the county and so during
that process of of sequin design we try
to attract especially Federal money and
with all of these storms there is news
federal faster declarations which means
there's new money for these kinds of
projects so so I can't give a specific
timeline all I can say is commit to is
that we're going to start on that
process this year
any other questions from colleagues I'm
sorry I apologize
I was looking straight ahead city
manager sure
thank you mayor I just want to also say
that we've talked to one Shoreline and
one of the commitments that we have
together is that we'd like to hold a
neighborhood meeting specifically on
this issue a lot of things were
discussed tonight and a lot of work is
going on for a permanent fix but we know
not everyone in that Community knows
about that as well as
people's property is being flooded in I
was out there in the middle of a storm
and I think having a meeting partic
specifically on this topic is
appropriate and we've talked to one
Shoreline about that and we will be
partnering to hold a meeting in San
Bruno specifically with our community
that's affected by this flooding both to
let them know of the work that's going
on as well as to seek their ideas and so
know that that will happen in you and
the community will see information about
scheduling of that meeting as soon as we
can get it together
thank you for uh alerting us and and the
community to that and of course
um having available for uh languages as
well uh would be thank you
um and I think it's important to realize
too with the flood in FEMA the city
really also went to bat and in the
appeal process and really worked
diligently Jimmy Tan was here then and
the city staff to try to mitigate and uh
shall we say shrink the size of who is
required was mandated to have the flood
insurance so I do want to recall and
remind the community and staff work
extremely hard but as we know trying to
deal with the federal government uh what
we think is right and what they think
are right might be I do not have any I
do not have any in-person speaker cards
but we do have one remote hand raised
Robert Regal
I will be bringing you in
whenever you're ready you may begin
I just have one one question is there
any need in this scheduling of
activities to dredge San Bruno Creek all
the way from the Thai Gates back to San
Antonio Huntington area to increase the
capacity that the creek could hold uh
when the there's excess water
so would you like me to yes sir okay
um that's a great question that we have
we are looking at right now
um
the the actual channel of the creek uh
seems to be able to hold the water
that's in the channel from
the the just say just Downstream the
Cupid's row area to uh to the highway
380. but part of our analysis that I
mentioned to councilwoman Alvarez what
would be
is that is the capacity of the channel
sufficient we know that Upstream of
their
um let's see near near the ball fields
all the way to the train tracks by
Cupid's row we know that that stretch
does not have sufficient capacity and
there had been annual maintenance uh to
remove the vegetation that obstructed
the flow there uh previously
we also know that in 2022 that
maintenance was not allowed due to
environmental concerns we're definitely
hoping and planning that we come in
there in 2023 and do that vegetation
removal because it should be done
so I guess I would in summary for for Mr
reichel's question I would say that that
is a very astute question one that we're
evaluating and we're looking for
opportunities to increase Channel
capacity
it's not practical to just go in there
and dredge the whole Channel there are
multiple landowners as I mentioned San
Francisco Airport being one Caltrans
being another
um and there are endangered species in
that stretch and Regulatory permits
associated with that and so it's it's
complicated but we're certainly looking
at whether this emergency declaration by
Mr Grogan and the county enables us to
do some things that otherwise might be
more difficult to do so stay tuned on
that one I guess
thank you any other questions
and thank you for bringing that up and
being very candid which is there's a lot
of owners there's a lot of bureaucracy
uh and trying to get everybody on the
same page but taking opportunities that
unfortunately have been placed before us
appreciate you looking into that and
coming up with some ideas
uh with that I want to thank you very
much for the presentation both uh both
of you for being here and thank you very
much for your time this evening and
being with us and wish you a safe
travels home thank you have a good rest
of your evening
now we'll move on to item six consent
calendar all items are considered
routine or implemented by 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 these items in this section unless
requested by a council member for a
separate vote with that are there any
items under consent that a colleague
would like to pull for a separate now
separate vote
uh any colleagues wish to have an item
so it can have discussion and or
um a question
council member
yes please go ahead
thank you Mr Mayor
which item
line item F okay thanks for
clarification sure all right so I have f
is there any other items
seen hearing none okay let's move on to
item F adopt a resolution authorizing
the city manager to execute an agreement
with a true north compliance Inc and the
amount not to exceed 285 000 and West
Coast code Consultants Inc in an amount
not to exceed 450 000 to perform
off-site building permit plan review
Services council member Alvarez
thank you Mr Mayor
I just want to point out the important
that it's important to understand the
difference between plants reviewed in
the city hall my question is do we have
Consultants doing on-site plan review if
so is that agreement included in the
proposed resolution
assistant city manager hi
city manager Darcy Smith
I believe the question was about if the
city has on-site plan review services
by Consultants yeah so as part of this
current fiscal year budget the city
council did authorize that expended
expenditure for that project or but that
those Services as a new item
um and the city just recently executed
those agreements with two different
consulting firms and anticipates
offering those services on site in the
coming weeks
okay thank you by appointment only at
City Hall and we'll be providing the
information on our website and in an
online scheduling tool too
thank you last question
first staff
prayer staff report True North has not
been involved with ongoing projects
and therefore has Allied the current
budget cycle and the same with the WC3
for the agreement that is requested to
be executed
so it won't be outside the current
budget budget cycle because a budget
amendment was approved by the city
council as part of the
quarterly budget amendment which was
approved on November 8th for the
authorization of these two consultant
agreements through separate expended
term Revenue accounts that were set up
as part of that budget amendment which
the city council reviewed and approved
back in November
thank you and that's only through the
end of this fiscal year so only through
June 30th of this year
for approval before the end of the
fiscal year that just as a follow-up to
that we would also do what we normally
do at the end of the year is that if
there are unspent funds from a contract
that we intend to utilize we would
encumber those funds and roll them over
to the next year that way you might see
the expenditure fund of some of these
funds in next fiscal year but know that
they will not be double budgeted we
would essentially capture any unspent
money and roll them forward and then
that would decrease the amount that we
request in next year's budget
some of these questions but since the topic is on I was wondering is it
typical for us to
um
call out in a contract which funding
source we're using to to pay for it it
seemed uh like an unusually because of
the fact that we said we were pulling
from a certain fund it could put
contracts in Jeopardy so I'm wondering
is that typical I mean we never see the
contract so I I wouldn't know what's
included in them or not but it seemed
unusual to me that that piece of
information was part of the country is
really a result of the prior
conversations that we had with the city
council if you remember what we were
doing before is we were we would do our
normal procurement process where we
would get requests for that contract
what we wanted to do was change that
process and and depending on the nature
of the service the funding source is
different for example uh not the
contracts we're talking about have a
developer that is
um into that one reimbursement agreement
and so they're not getting that
expedited service but they're getting
that normal service however
in our normal capacity we don't be paid
for by those normal planning fees that
you established each year in that RNR
fee schedule and so in order so we can
actually where you have a developer
coming in and saying we will pay for
expedited service we know that that will
cost more and more structure uh what
vendors we're providing what service and
which bucket they were a funding source
identified in them or is it just because
we're talking about uh the reimbursable
or or a an account or an account that
does have reimbursable portion right
so exactly where we're funding it from
but we were very clear in the materials
that we provided to council where the
funding source would come from but
um again for all for our development
related kind items whether that's the
reimbursement account or whether
um they are paying our normal fees okay
so these are they're special
okay
are going to be shared with the public
for minutes
just want to make sure that was
happening because it's not on the agenda
and I did submit some questions they
were answered clarifications either our
practice is and has been for wealth that
people can go to the website and see
those questions that uh that we do
submit so uh some of us are just so
everybody knows so we're reading the
packet we've been asked to questions
staff uh does their due diligence to get
back to us prior to tonight's meeting
but they're also posted for people to to
review as well I did skim through the responses that were provided and I
had one one follow-up question so that
there were two million dollar contracts
that were referenced in the stats of
those funds become no longer encumbered
and they're available for the rest of
yes that's correct okay thank you thank
you to comment on any of the consent
items a through G
I do not have any speaker cards and no
remote hands are raised thank you then
I'll bring it back to the council all
votes so any action by Council on
consent through the chair yes I will
make a motion to approve the consent
calendar
a second
or a second
uh motion by salary second by Alvarez
roll call please
councilmember Alvarez
yes yes
motion passes 5-0 with that thank you
everyone we'll move on to item seven
which is uh public hearing
item 7A appeal of the Planning
Commission decision to approve an
Architectural Review permit and a use
permit to allow a residential addition
to 1261 Claremont Drive
and first before we turn it over to the
director I'd like to ask the city
manager if you could please sure thank
you mayor Javon Grogan city manager
again it is my pleasure to introduce a
new gentleman to our community community
that will provide this presentation a
gentleman by the name of Peter Gilly he
is our new community and economic
development director this is this is his
very first council meeting he started
with the city on January 3rd but he
spent almost his entire day in our
Emergency Operations Center and did
stuff other than planning and
development for the first few days so it
was a wonderful trial by fire Mr Gilly
comes to us having been the community
development director in the city of
Ventura having also worked in Thousand
Oaks but also know that he has
significant Bay Area experience having
worked prior in the city of Mountain
View as well as Cupertino and so without
further Ado
um Mr Gilly has in short amount of time
worked with staff and came up to speed
enough that he wanted to do tonight's
presentation and so we will turn it over
to Peter Gilly Mr Gilley I apologize
um for folks in the audience if you wish
to speak on this topic and there will be
public comment the speaker cards that
you have if you bring them up over here
uh to where the city clerk is that would
be appreciated and with that I'm sorry
uh Mr Kelly please proceed yes thank you
very much Mr Mayor members of the
council as was stated I'm Peter Gilly
I'm the new director of of of the
community and economic development
department very happy to be here and
with me is Michael Laughlin the planning
and housing manager who is going to be
my backup on some technical questions
that you if you end up having them
the agenda item tonight is a public
hearing of an appeal of a Planning
Commission decision to approve a
residential Edition at 1261 Claremont
Drive
this is how this agenda item will be
organized we'll have the staff
presentation and and then the council
can ask questions of Staff will have the
appellant and then the applicant both
have time for presentations there will
be a public comment period and then the
council will have the chance to ask
uh additional questions and then uh go
into to to the deliberations
uh the council action uh may include a
variety of options
um many of which are listed in the staff
report uh you could approve the project
uh effectively turning down the appeal
you can you can deny the project
effectively granting the appeal you can
also continue the item uh uh and request
additional information or you can
provide Direction on modifications you
want to see and you can refer that back
to the Planning Commission
so there's a variety of options for the
council
the objective of this agenda item this
hearing is to hold the public hearing
and receive information on the item so
that you can make a final decision on
the appeal of the planning commission's
approval
so I will go through some highlights of
the background there is a lot more
information in the staff report and and
the packet if you have any questions on
anything that I don't go over please do ask them
the applicant is the property owner of of the subject site they are
proposing a one in two story addition to
an existing home uh that is shown on the
slide
uh the location of the site is the
corner of of
Claremont and and and and Fairmont uh
and on the aerial photo uh showing the
applicant site outlined in Orange uh the
appellant is the immediate neighbor uh
and they that that property is outlined
in blue
and the scope of the project the scope
of the addition to the home uh it
triggers both an Architectural Review
permit and a use permit uh which is why
it it went to the architectural view
committee or Arc and it went to the
Planning Commission
this slide shows the uh public hearings
that the project went to prior to even
going to public hearings the application
came in in August of 2021
went through a round of Staff review and
staff pointed out a number of of of of
conflicts with the design guidelines the
applicant then updated the plan that
update went to the arc on on
November 4th of 2021
Arc recommended more modifications to
the project it came back in January of
2022 at that point it was sent on to the
Planning Commission who saw in February
of 2022 where uh there was a public
hearing uh there was a lot of discussion
and the Planning Commission asked that
or they continued the item and asked the
applicant to provide shade studies which
are basically diagrams that show how the
project is going to cast Shadows
particularly on the neighboring property
the project then came back to the
Planning Commission with those shade
studies in March of 2022
at that time the neighbor who is now the appellant also provided some
concepts for how the design should be
changed the Planning Commission took all
that information and recommended that
the applicant do another redesign of the
project to try to incorporate as many of the ideas that were discussed
and I have slides coming up that are
going to show how the project has
evolved
the applicant then updated the plans
again uh came back to the Arc in October
and then back to the Planning Commission
in November uh at the end of November
the Planning Commission
looked at the redesign uh and did end up
voting 5-1 to approve the project
at that point uh the neighbor filed a
timely appeal
and that appeals at the Planning
Commission are brought to the city
council and in their appeal documents
the Appellate
listed a number of concerns which we
tried to provide a a snapshot of on the
screen and in the staff report
uh
the the applicant has made uh clear at
the Planning Commission level and in the uh appeal that uh they believe
there are opportunities to design a
house in a different way uh that will
reduce impacts on on their property and
uh the appellant has a presentation and
we'll go through those arguments
now go over uh some more details about
the project and how we got to this point
uh we'll have some uh plans and images
that I can come back to at any time if
the council has has questions on them
this is uh just a street view of of of the home and Andy uh
appellants home as well uh you want to
come back to this just to uh have have
this image up
this is that same snapshot of the
existing home but also uh uh the view of
the Planning Commission approved uh new
home so the existing home is a little
under 1900 square feet it has an far of
0.32 and far is the floor area ratio
that is the sum of all of the areas of
all the floors including the garage
divided by the lot area
uh the maximum allowed far for this
particular site based on our zoning is
0.55
the Planning Commission approved project
is a little over 3000 square feet of of
home again that's including the garage
and a 0.53 far so slightly under the
maximum that's allowed
this is a site plan so this is a bird's
eye view of the site again using the
same color coding on the applicant's
property in in
for easier reference the lighter orange
shading is the outline of the first
floor which is predominantly the
existing home
the darker orange is shows the second
floor which is is all new
these are the building elevations of the
proposed home these elevations are
two-dimensional views of the front the
rear and the two sides again we're
showing this so that we can come back to
it if the council wants to discuss them
we're going to be talking most about the
north side that is the side that faces
the
appellance property that elevation is in
the bottom right hand corner
the applicant also provided renderings
of of the pro of of the project which
are three-dimensional views uh of of
what the project would look like I just
want to note it is very common in uh in
renderings that because it's a model out
of a computer that they don't show the
neighboring buildings it was not done on
purpose that's just is the common
approach
so the project actually complies with
all the city's regulations
but because the project triggered
needing to go through special review it
also needs to be found to meet our
residential design guidelines
now the guidelines are as they are
called they are guidelines they are not
requirements that all need to be met but
they are a very useful guide for staff
applicants and the Planning Commission
in order to judge whether a residential
Edition should be approved
just for context the the guidelines were
adopted by Council in 2010
and there's there's over 150
different
guidelines in the document so there are
a lot of them uh they're split up into
13 sections I put a handful of the most
relevant ones uh on the screen
neighborhood compatibility architectural
style second floor treatment
the the one that is the largest issue in
this case is privacy and solar access
and that is the one that the appellant
is is Raising and giving the most
attention to and two of them in
particular which the appellant has in in
their package is uh on the screen and
that is uh the the guideline calls for
the project to minimize Shadow and
privacy impacts on adjacent properties
so through these six public hearings
leading to this appeal the arc and
Planning Commission reviewed the project
for compliance with all of the design
guidelines and spent arguably most of
the time talking about topics that
related to shade and privacy
the Planning Commission and Arc asked
for a number of changes and the
predominantly the the major ones are
listed on the screen they're also in the
written staff report and they all go
towards addressing the mass of the
second floor and that size and volume of
the second floor is directly related to
The Shadow impacts that the project will
have as well as privacy impacts
I have slides with imagery that shows
how each uh what each one of these look
like
but in general the the applicant has
moved the Second Story further away from
uh from the property line with the
appellant that's item number one they've
reduced the length of the second story
that faces the uh
property line of the of the appellant
and they've reduced that total height of
the building itself as well to address
privacy they've also taken out the
Second Story deck and they've modified
the windows that are facing the appellant's property
so I'll go through and try to show what
those changes look like and mean on the
proposed front elevation so this is
viewing it from the street you'll see
there's uh
on the left is the design that the
Planning Commission saw in March this is
the the project designed that the
Planning Commission asked to be
redesigned and changed the one on the
right is what came back to the Planning
Commission and was eventually approved
uh
you'll see on both of them there's an
orange line that is dashed that is our
daylight plane which is a guideline
and it basically calls for if you're
going to have a taller building
basically the setback for the taller
part of the building needs to be further
away originally the March 2020 2022
design had the first and second floor
basically going straight up so that had
the massing of the second floor very
close to the neighbor thus having more
Shadow impact the revised plan pushes
the Second Story back the the first
story is still where it is because it's
existing house but the second story
starts about an additional
four feet in and that meets our daylight
plane guideline again the applicant made
that change at the direction of the
Planning Commission
as I noted earlier there's about a two
foot reduction in the overall height of the house the applicant has made the
plate Heights of the second floor the
plate Heights being the ceiling height
uh
pretty much as low as you can
it does it is at I believe seven foot
nine inches which for a a new house is
relatively low at the corners of the of
the room so from the front elevation
those are changes that were made
then for the site elevation
the again on the left that's the that's
the project that went to Planning
Commission in March on the right is the
redesign uh clearly the length of that
second story in March was was uh
was cut down approximately shown again
in the in the orange Dash lines was the
mass and the length of the Second Story
back in March it it it was cut back so
that again is going to uh reduce the
shadow impacts on the neighbor
talked already about about the reduced
height you can see it on on this angle
as well and then two other things to
address privacy impacts the the plan
used to have a second story deck that on
the rear that's taken out and all of the
windows now on this side are uh our
clear story Windows which are windows
whose plate height or bottom of the
window is about
five feet eight inches the idea is it
still gives light into the room it could
give air circulation but if you're just
standing in the room you're not really
going to have a view into your
neighbor's yard again these were things
asked of the applicant by the Planning
Commission to reduce the impacts on on
the appellant's property
so
after seeing all of these uh all of
these changes
through the hearings the Planning
Commission ended up approving the
project on a 5-1 vote and the Planning
Commission on these type of projects are
required to make findings of approval
and there are some excerpts of some of
those findings uh on on on the slide
they're all in in the attached
resolutions and also referencing the
staff report but notably the Planning
Commission in their judgment found that
the project as redesigned will not
unreasonably
restrict or interfere with light and air
on on the property or on other property
in the neighborhood
that was the planning commission's way
of saying
we do hear that the appellant has
problems and would like more changes but
we do recognize the applicant has made
changes and the Planning Commission
viewed that uh the impacts left on the
appellant were not unreasonable
that was their their findings and it's
important to note uh that doesn't mean
the Planning Commission made a
conclusion that there are no impacts uh
it's pretty much accepted and
acknowledged that if you're going to
have a two-story home next to a
one-story home there are going to be
some shading impacts the Planning
Commission made the finding that uh
because the guidelines were met and
design changes have been made that there
won't be unreasonable impacts
uh the app the appellant uh will make
the case for why the planning
commissions uh conclusion was not right
and why more changes should be made
this slide is a necessary slide for all
land use entitlements under the
California Environmental Quality act
every action made at a hearing needs to
have a secret determination this project
uh whether you're proven in this form
whether you approve it with
modifications or even if if you don't if
you if you turn the project down it is
exempt from SQL review which which the
Planning Commission agreed with
so moving into the conclusion uh the
recommendation for tonight is that this
is at the council hold the public
hearing and adopt the resolution
approving the permits that the applicant
has asked for uh this is effectively
turning down the appeal and uh this does
align with the planning commission's
action
as noted previously uh there's the
agenda for this this item and as I noted
at the beginning the actions available
to council go beyond what is recommended
you are able to turn down the project uh
require more information and and have
the project come back to council or direct more
changes happen uh with the option of
sending it back to Planning Commission
for a final action
so with that that's that concludes
staff's presentation and we're available
to answer any questions
thank you very much and at this time are
there any Council questions on the
staff's presentations specifically to
the staff's presentation
vice mayor is there any
thank you just wanted to make sure with
that what we are going to do is ask the
uh appellant to please step forward for
the presentation
we'll have 10 this is the time to
utilize up to 10 minutes
um or not but this will be the one time
so as the opponent steps forward again
uh have a minute to utilize it as you
wish but this will be the one time for
your opportunity and uh welcome this
evening and you let us know when you're
ready the city clerk will set the timer
and it will be obviously you can see it
so I won't stop or interrupt you or give
you a uh what do you want to call it a
one minute unless you wish
thank you council members and staff for
hearing this appeal my name is Tyson
Murphy I'm the
homeowner at 1251 Claremont next door to
the post site
um
is there a
okay
I can't read it oh my gosh
okay let's jump right into it reasons
for the appeal the current design
unreasonably restricts Sun access and
privacy to our yard at 12 I disagree
with interpretation from staff
the original design in March 2022 was
rejected due to excessive shading and it
did not uh
existing design did not result in the
shade and impact yet it was approved by
the
Planning Commission
anyway really I'm seeking an alternative
solution
um
to this problem that's beneficial to
both parties
currently I feel that we at 1251
Claremont are incurring the brunt of the
sacrifice here you have the
you know on the left the snapshot of the
design and then the right
in relation to our yard above it and
then the aerial photo
um
our backyard is really more of a side
yard we don't have much proper room in
the rear of the property it's to the
side and it butts up to the shared
property line with the proposed project
our living room flows into the outdoor
living space through large windows and
that's where we can take sunlight for
daylighting and warmth that was designed
this way and the major issue that
threatens that is the Second Story
addition on the North wing
one closest to our house
that's significantly and unreasonably
Shades our yard and Outdoor Living Space
additionally privacy concerns
those windows they are able to see into
our yard because they are windows so we
spent a lot of time in our yard our
nine-year-old daughter plays in our yard
I have a significant concern with the
Privacy that's uh that we have to deal
with here
so this is an image of our side yard
side backyard taken from the rear of the
property
that shows
all of our outdoor living space in
relation to the project site there it's uh
very very close proximity of their house
on the right
and The Morning Sun that filters into
our yard and into our home
as design will essentially be snuffed
out by that very close uh
Second Story on the North wing
um some interior photos to demonstrate
how that sunlight coming in the backyard
Daylights into the home
provides you know that daylighting and
the warmth and this is really a
you a critical functional element of the
design of the home
and the enjoyment of the home
there's a living room on the left dining
room on the right and shared large
windows to the outdoor living space
I want to get back to the proximity of
the lease home next to us how close it
really is you can see in the middle
photo there's the shared property line
fence and it's only a four foot side
setback
and you can see the one on the right I
mean there's our yard and their house
even as a one story
is already right on top of our yard and
if you're gonna build up from there
that's where the significant impacts
occur
okay this was showed in the staff
presentation but the
March 2022
design on the left with no daylight
playing
was that was rejected due to excessive
shading and in the new design on the
right so the biggest issue with the
shading is the top portion the the roof
pitch you can see it's 17 feet three
inches from the property line on the the
original design on the left and then
that was moved over only two feet to
19-4 by the daylight plane
so
that shadow
you know only moved over two feet it
doesn't make a big impact
additionally their house sits on a
higher elevation than our house the
street is an upward slope going from our
house to their house and that even the
Shadows cast are even longer in length
than normal
so this is just to show that uh to make
the comparison between the two designs
and then this is
on the right
these are Shadow diagrams
from the um
from the architect showing that you know
the left top left is the original design
and the top right is you can see the
second floor pitch shadow goes down and
it's 44 feet six inches the original
design that was rejected for excessive
shading casts a shadow in the winter at
12 p.m 44 feet 6 inches the updated
design
at 12 p.m winner cast a shadow length of
43 feet 2 inches
it's only a 16 inch difference three
percent
they were directed to minimize the
shadow impacts and the daylight plane
implementation this proves did not
accomplish that
but somehow the Planning Commission
approved it anyway
16 inches on a 44 foot Shadow that's a three percent difference that
is negligible that is
you know almost nothing
and then as they were directed to
minimize the shadow impacts per the
language of the design guidelines
3.13.1 minimize Shadow impacts on
adjacent properties designed second
floor volumes to minimize
Sun access to Living Spaces and actively
used outdoor areas on adjacent homes
so they did not minimize the shadow
impacts with the daylight plane
impotation is my point here
um also going back to the privacy
concerns that conflicts with the other
daylight plane minimize privacy
intrusion on adjacent residences so I
don't think they've accomplished either
of these
and then
I want to say there was a the staff made
a reference to a sketch that we provided
from the
original design
that they say that they've made they've
basically followed with their new design
that was before
we saw the daylight plane of the design
with it or we saw the shadow study with
the design of the daylight plane
implementation before we knew the
daylight plane implementation did not
reduce the shading so
once I saw that everything changed
so
I have demonstrated to you that you know
the daylight plane implementation did
not minimize the shadow
uh impacts to our property
um at no point during the architecture
review or the Planning Commission
meetings did the project architect
demonstrate that
this new design did not demonstrate did
not quantify that it actually
did improve the shading impact I
compared the old design and the new
design he has never done that he has
never proved to anyone the Planning
Commission
that there is an actual Improvement in
the shading impact in this design
compared to the old design that he
actually minimized the shadow impact
I've never seen that and at the last
Planning Commission call I asked him to
do that
he didn't do it the planning
Commissioners didn't ask him to do that
in fact they didn't ask him a single
direct question which I couldn't believe
based on the new information
so
one major concern that I have is that
every set of architectural plans
throughout this whole process
has had
inaccuracies and flaws in them from the
very beginning
and
I was told by staff that they do not
have an independent process of
verification for the validity and
accuracy of the information provided to
them by the architect
there is no verification and they are
basing their analysis
on this information from the architect
and then submitting the recommendations
accordingly to the Planning Commission
this is a huge issue
in March for the March 2022
Planning Commission meeting
I brought to the attention of the
planning department staff multiple
errors and flaws in that set of plans I
hired two independent Architects to
review the plans uh
examples include measurement between the
houses were inaccurate that's important
to the shadow study and the evaluation
the orientation of the Shadow sir I so
much apologize it has been 10 minutes
I'm going to give you 30 seconds which
I'll do as well to the other side
um but if you could okay
presentation back up
okay
so the solution that I want to propose
that would be a shared sacrifice is you
can see in blue there that you can find
the Second Story addition to the
southeast wing it is
perpendicular to the path of the sun
where the north Wing is parallel that's
why it blocks so much sun the
perpendicular will have less impact on
us and we don't expect zero impact we
just don't agree with you know there's
too much impact now he has room on three
sides of the house there to expand the
first story
he can get uh all they can get
maintain the desired square footage they
can reduce the visual impact for the
neighborhood by reducing the the amount
of a second story mass and mitigate the
shadow impact and privacy concerns for
us at 1251 Clara thank you very much I
appreciate that thank you for your time
and and your information that you
provided to us with that I'm going to
move to the uh
applicant presentation step forward
just so we you'll have the laptop that
you can reference or set it on your
clock but you will have 10 minutes but
obviously to be fair
um you'll have 10 minutes and 30 seconds
but my room but I want to be fair and
Equitable to everybody yeah that'd be
great thank you
yeah and and you tell me if you wish a
minute warning or if you if if you don't
yeah actually
um give me uh once it gets to about six
minutes give me a warning uh the
homeowners would like to speak a little
bit too so you want to add a six minute
you want to know yeah I'm gonna keep
doing this again because it'll be within
the 10 minutes so even though you're
pausing and the person's coming there's
some walking time you to understand that
you might want to bring them up closer
okay so that you don't want to waste
time on somebody walking up because I'm
just trying to look out for everybody
okay and as city clerk would you help be
mindful of that it's a six minute Mark
that he wishes to know and uh you tell
us when you're ready and the time will
begin okay cool sounds good the only
thing I just want to make sure is that
the slides work can we fill those up
real quick before we start the timer
we'll get the present up there I'll make
sure I can actually uh go forward and
back
okay looks like it's working
I'm ready whenever uh you
guys are
good yeah I'm ready let's go thank you
okay
all right thank you everybody uh thank
you mayor vice mayor and council members
um there was quite a a lot of
accusations and I'm going to try to
answer as most of those as I can
um but I guess before I get into that
let me just quickly
answer the first one we did our best to
mitigate
the shading and everything that
1251 says that we were impacting so I'm
going to click and as you can see in the
red that's basically the original design
the red was what was deleted from the
design and that includes a deck and also
the north side and on top of that we
thought in good faith that we would also
remove the room too so it would allow
them a better view from their bedroom
and so we removed that too and so that's
what's in the green
and so what ended up happening is we
also were at a commission meeting where
they presented us with a design that
placed more weight at the south of the building and that's what we also did
and that's how we ended up with the
current design
so this is going to just illustrate that
a little bit better so that we're all
clear so the dotted lines is what was
deleted from the original
and then also the green line is what was
added
so one more time
so all of that was removed right there
in the red that's been shaded
as well as we change the size of those
windows and over here
we're going to show that again of the
total amount that was removed
and the room that was removed was right
there so we were hoping that by removing
that it would uh
make everything a little bit better
um but you know we're here now
so
all right so this brings us to uh the
main points that Tyson made and I think
his presentation the majority of it
focused on the shadows and how it
impacts his backyard we've tried to
explain to him multiple times uh in in a
and do meetings privately as well as
during the commission meetings so I
would like to illustrate this one more
time very clearly so as you can see in
the red that is the first level of the
house that red is the existing shade of
the house the first three slides that
you see is in the summer time and that
green portion is actually the the shade
that's caused by the second floor
um so during the summer time I don't
think there's any issues as you can see
once it hits noon uh there isn't really
nothing on
Tyson's property so Equinox is on the
next three slides so as you can see the
red there is is basically what the
existing house Shadows casting and so
there's some pink hatchlines as well as
the green that is the shadow that will
be added onto the existing Shadow at 9am
but once it hits 12 o'clock the shadow
will recede and it will as you can see
it goes where the red is existing and
the green is uh the second floor and I
like to make a note that in the photos
and everything the green Shadow isn't in
their main backyard area so by 12
o'clock the Shadows already moved aside
and then by three o'clock all Shadows
off their property and I think one of
the major contentions was actually
during winter time so we ended up doing
a few more sun studies to illustrate
um or so they have a better view of all
this so for 9 A.M it's uh all the shadow
that's cast is actually by the first level so there isn't really
any second floor level Shadow casted uh
so on the second slide that little bit
of green and then then that's already I
believe at 10 o'clock it's real rotated
out and you guys you can see it's none
of it's really hitting their backyard
and I think one of the things that Tyson
said that the information that I'm
providing is not accurate or potentially
not accurate and I'd like to make it
very clear that on on the staff report
on page 135 actually show all the
calculations of how I re I did the
length in a triangle showing how the
shade links are done and all that
information can be
compared to on online solar calculators
okay so you're seeing the time okay copy
that okay
um well okay one one more minute and
then oh
all right what else we got um
no no let me make sure I got everything
um
okay okay well
so I'll move away from the shadows and
let's just talk about the house so the
way that the properties are laid out
um I wanted to illustrate on this slide
that there's
a lot of foliage everywhere
um as you can see in the red arrow
that's a pretty large set of foliage so
a lot of the Shadows do come from there
once we get past the the noon
um so let me show you
again this is their backyard those trees
and everything uh cast quite a bit of
Shadows
um so I just want to I just want to make
sure that everybody understands that the
project site itself
is prone to shadows and so and the
purpose of all those other slides was
just to show that
the Shadows actually created by the
second floor isn't that large as shown
in the green
but yeah that's that's how I go um yeah
hi I'm Kevin I'm the owner of 1261
Claremont
um
I'll I'll start my course
so healthier hello honor I just want to
say that it's nice to actually have a
chance in person to get to meet our
mayor uh vice mayor council members city
manager and assistant manager I think
Peter unless you finally meet you uh
Michael
um
thank you all and events for your time
our neighbor Tyson Murphy has a right to
State how he feels about the subject I
respect his right but certainly don't
discount all the actual efforts and
resources we put into this project this
house for the past uh more than one year
all the efforts to get all the efforts
to get the approval of the house and
definitely feel free to ask Brian and I
any questions
through any of those pages uh I would
definitely want to answer you guys if
you guys have any questions and
I'm just going to enter and pass it on
to my wife thank you
good evening uh council members and
staff
um thank you for your time so we've been
living in San Bruno since 2013 and when
I was pregnant in 2020 we decided to
look for a house
since we were going to have a baby so in
2021 we were really lucky to find 1261
Claremont out of all the competition you
know we were able to purchase this
fixer-upper
and we were hoping to move in by
Christmas of last year but now our sun
is two and a half almost and we're still
living in a one bedroom condo just The
Shelter Creek a few blocks away and you
know it's really difficult to have a two
and a half year old in a one-bedroom
condo and um
there's nowhere for him to run
especially in the winter when it's like
ringing almost every day
so you know it's very frustrating to see
that our property is sitting empty just
a few blocks away
because of uh some Shadows preventing us
from moving in and I mean I don't want
to repeat what the architecture
architect said and planning commissions
they've been through this you know many times and I just really hope that
we can move forward with our life
because I was planning to have another
baby but you know this whole setback I
don't know what's going on so
um yeah so please I I hope we can
continue with our Remodel and finally
get to enjoy our home thank you so much
thank you is there any time remaining
sir
little undertale
a little under two minutes left is there
any final comments this is the one
opportunity no we're all good okay then
I've been told by the applicant that
their presentation has concluded
therefore both presentations have
concluded this is the last opportunity
for those here in the audience to put
forward any speaker cards but now we'll
turn it over to any public comments so
the clerk will read your name please
step forward to the podium and you will
have up to three minutes
and city clerk will be keeping time
thank you
give me one moment let me just reset the
timer
okay I have one two three and I mean
sorry four in-person speaker cards
I will be calling in John McLaughlin
as well as Joanne
next one is s-bomb
and the fourth is Terence Lee
thank you
am I I'm live
uh Mr Mayor and council members uh thank
you for hearing me
um
I'm here to speak in support of the
Murphys and seek changes that will
address their legitimate concerns by way
of background I've known I knew the
prior owner I've known him for over 50
years and I remember him telling me how
delighted he was to sell the place which
had been continuously occupied before he
sold it versus a number of years so it
was not a teardown
uh but he was delighted because the
purchaser uh needed to make a 1031
exchange for tax purposes so he was
quite happy with the price he got and
quite happy to be moving on from the
house
but I'd like to each of you to take a
minute
and sit in the place of the Murphys
you've already heard from the applicant
about their situation and their small
apartment but you need to appreciate how
things look from the Murphy's home
you've just purchased the home of your
dreams looking forward to living in San
Bruno your daughter playing in the
backyard virtually by accident you learn
a massive expansion the house next door
is going through the approval process
you didn't receive the notice
you speak up examine and find the
applicant's package is peppered with
errors and omissions a chart was shown
up there of these various meetings those
little boxes really don't do those
meetings Justice you could spend a
couple hours on each of those meetings
dissecting them dissecting the issues
that came up and the errors that came up
sometimes found by staff quite often
found by The Murphys or by The
Architects
that they'd retained and a lot of those
were identified a lot of those were
corrected
you speak up you examine you find the
applicant's package is peppered with
errors and emissions and will damage you
and I think Tyson Murphy has made it
very clear how he feels that will damage
him
back to package goes only to return with
some errors corrected some created new
ones and evidence of the potential
damage to your quiet enjoyment of your
home in the meantime you've encouraged
significant costs to bring forward
correct information you become
optimistic in the commission conveys an
expectation that the applicant meet with
you and develop an agreeable path
forward you become frustrated over the
lack of responsiveness to your essential
concerns back the package goes through
the Architectural Review sent forward to
the commission with a we've done all we
can do comment and approved one thing is
missing the additional concerns of the
Murphys were not addressed
to be accurate many changes were made to
the design it does look better than the
first try if the first try had looked
like this and the applicant had been
willing to actually work with the
Murphys I'd like to Hope real progress
could have been made to correct features
damaging the Murphy's quality of life
thank you thank you for your comments
thank you for being mindful of the time
appreciate
good evening I'm Joanne McLaughlin
um we're at 1281 Claremont so just a
couple houses away
I just like to emphasize the residential
guidelines
that when the city
um
wrote up these guidelines clearly their
intent was to preserve Sun access as
much as possible
you know if the diet in your materials
there's the diagram showing the
two-story house shading completely the
one-story house next door that's the
situation that we're in even though the
they have done the they have moved the
house addition over a little bit the net
effect is it's still shading the house
even as the architect said all morning
the mornings are being shaded and this
is an important time in your life I mean
it's it's half the time you know that's
till noon that's a big part of your day
it's important
um and just my question is
why do the leaves have the blessings of
the city of the Planning Commission
to diminish the Murphy's enjoyment of
their house
I mean why are there rights greater than
the existing homeowner the home people
that live there
the um in the one-story house
the other my other issue is that yes
this has taken a long time but you
should have you should have been at
those meetings
the initial the initial trying to get it
out right project
um they bought the house May 27th they
had this to the Planning Commission at
August 19th so they threw this together
really fast
they didn't go out and measure they just
did Google Maps you know the estimated
where how close it was to the fence it
was all guesstimating and the
neighborhood was very upset because it
was so massive it's just larger than any
other house in our neighborhood
and it was very sloppy and so that's why
there was revision and revision and
revision but yet even though that has
all been done
and even though the architect is saying
oh we'll now see this is very little
effect is coming from the second floor
you should have heard
I know that Tyson has photographs
showing that
in the morning he is getting sun in the
winter time even though the one-story
house is there it is coming through so
when the second story is built on that's
going to cause him to have
to lose his sunshine in the morning and
you know we all miss the sunshine these
days we really
we want sunshine thank you thank you for
your comments next speaker please
next speaker is s bomb
Sharon bomb Claremont Drive
Mr mayor council members
I've lived in this neighborhood for 60
years
I've seen a lot of things happen I've
seen houses rebuilt I've seen houses
added on
um this house that is proposed at 1261
the house the Murphy's house and I don't
even know the Murphys I don't know
really either
and the house behind
1261 they are literally going to be
smothered by this Edition
it's just way too big it doesn't blend
in with the neighborhood it looks like a
hotel
because it's sitting out there on the
corner these houses when they were built
65 plus years ago they were all one
level ranch style homes
this certainly doesn't
blend in with the neighborhood at all
where it's located
and I agree with the Murphys that it
impedes on their privacy
um it seems to be really close to the
property lines
um
perhaps
the leaves should have had a little more
foresight before they purchased this
house if in the end they wanted such a
big big home
but it just it doesn't fit
on that corner
thank you for your comments next speaker
please
next speaker is Terence Lee
hmm uh thank you everybody
I'm not prepared to speak until the last
minute
I believe science
and I still remember 40 something years
ago I come to cebuno I studied in
Skyline College
and I went to San Jose State Company San
Bruno San Francisco
I do encourage my son Terry to start a
family in San Bruno
because this is the first city I come
47 years ago
I have a question for Kevin
are you doing this whole for profit are
you doing this for development he said
no
it's for the Sun
for the family
I love it good
now Mr Murphy about concerned about the
tree I love tree
one of the trees I grow
in San Francisco just blow up
by the wind two days ago
37 years ago
first I wonder
how much Mr Murphy is low about the tree
how old is the chick what kind of tree
is this
and then secondly about the sunlight
if I Mr Murphy
I'll be very kind to the neighborhood
and tell them don't pan any tall tree
next to the fans between the both houses
for the Privacy for the Sun Life well
I'm gonna keep fighting for something
so minor
which only a few minutes in the winter
time
that's what I want to say and hopefully
everybody understand
you want to be about
home in San Bruno and I hope the city of
San Bruno willing to accept
the Bibles of all different people young
people old people
thank you for your comments next speaker
please
no other speaker cards and no remote
hands are raised okay this is the last
opportunity for anybody in the audience
or anyone that is uh watching us via
Zoom
it's once we move forward there will be no
other public comments uh city clerk no
other hands are raised all right thank
you and seeing none here in the audience
to me that is sufficient at this time
what we will do now is we will bring it
back to the city council for now their
questions and or deliberation
interaction
colleagues
first we'll go to council member Salazar
uh before uh
and he comes I I did want to disclose
um relationships as it was advice that
we do and I did want to uh say that I do
know the McLaughlin's I've known them
for a long time I've uh worked closely
with John on on projects since the
explosion I also uh know Miss Sharon
Baum we've served on a committee
together to
Dole out the donations that were given
as part of that uh donation so I do I do
know those parties then so I just wanted
to disclose that and I do we're being
and I will say I know the McLaughlin's
and and maybe it's because I've lived
around town a long time and uh and for
Miss bomb I also know her she's probably
taught a lot of uh tiny tot uh uh Folks
at the recreation center where I worked
so
um now but I have not talked to either
of them in regards to this project but I
was I know you didn't hear me I was
saying I remember for the tiny taught
teacher at the rec center and I wasn't
employed at the recreation San Bruno
Parks and Recreation but I did not talk
to either parties in regards to this
project
is there any other disclosures that wish
to be made
councilmember Medina
yes
um I know Miss Baum I know Mr McLaughlin
um from their service and from being in
the neighborhood I did take a phone call
from Mr Murphy regarding this project I
explained
that I was there to listen
I did not express an opinion and said I
was going to wait for this meeting to be
able to listen to what each side had had
to say thank you okay thank you for
starting out Mr Salazar all right with
that uh we will go to uh again questions
and deliberations questions from Council
Members I'm sorry through the mayor um
I'm sorry I I can't see you but thank
you uh Vice
it's fine I know it's difficult to see
that that so many screens when someone's
on screen so I I appreciate it
um I just wanted to uh uh disclose that
Mr Murphy did contact me by phone as
well
um to express his concerns
um I have not met Mr Murphy previously
uh to the short phone call we had
yesterday
um and all the uh all the information
presented were were uh was information
that was already available in the packet
and and presented to us tonight
um and um I did not ask any
um ask any questions to and deferred
that um to to tonight so thank you okay
thank you all right now back to
colleagues
um through the mayor may I make an
announcement if someone is um logged in
to zoom if you could disconnect the
microphone feature because I believe
that there is a echo due to that
okay yeah okay all right uh I'm gonna go
ahead and proceed okay thank you so
again Council this is your time for the
questions and deliberations colleagues
council member Salazar I guess I'll
start
um
so it is unfortunate that we're at this
point it is uh it's always nice when
neighbors can find a mutual uh
Arrangement up front and it doesn't have
to come to this but
um I I also realize that San Bruno is
completely built out and every project
that comes before the Planning
Commission is probably going to be a
second floor Edition
and it's uh almost impossible to do one
of those without having some sort of
impact
so it is a
I understand it's a sensitive situation
and there are you know people making
Investments uh with expectation that
they can do things uh We've set out
guidelines as a city that permit certain
things
and those guidelines don't necessarily
have every potential impact
played out and so that there are
situations that could be disadvantageous
uh there was a proposal
um that the um that Mr Murphy uh uh
suggested that could potentially
minimize the shadowing even further and
so my question to staff
um first is uh were those uh
modifications
proposed and reviewed by the Planning
Commission and could something like that
be accomplished with uh minimal impact
to the project cost
please go ahead and you're welcome to
stay up there too just in case there are
questions please yes
okay there we go yes uh thank you
council member the uh the the diagram
that uh the appellant showed uh with the
image we believe is new but the but the
idea of
rearranging the where the addition is
being put is something I was raised at
prior meetings
the
that would be pretty much a complete
redesign it is not completely outside
the realm of of possibility but they're
certainly added at a time in cost to the
applicant
thank you
all right uh Mr Salazar has concluded
other questions uh from colleagues
uh through the mayor uh vice mayor
Hamilton
thank you so
um
council member Salazar is correct this
is that this is uh unfortunate to have
to
um to come here because you know
regardless of the decision made tonight
you know there's going to be
um a severe disappointment on one side
so it's it's
um uh it's it's unfortunate but this is
um that's come to this
so you know through the through the
um initial staff report and then the two
presentations we're getting a lot of
conflicting information about the
shading about what you know what what
the actual impact is and
it's
the the presentation that we received
from the um from the applicant
um
you know there's you know seem to
demonstrate that there's you know
there's already a lot of there's already
a lot of shading as it is right now even
without any addition and you know the
um the additional shade that will be
provided there has staff
analyzed that and to verify that the
accuracy of that
Mr vice mayor uh we have we have looked
at the data we've looked at the diagrams
uh we have not looked into the math and
the engineering and and calculations
involved but the results do appear to be
what we would think they would be uh
looking at these type of shade and
Shadow studies are not actually an
application requirement and and thus
this is was kind of an extra ask of the
Planning Commission uh and it's not
something that we have the capacity to truly go out and
verify unless uh we were to hire a
consultant to peer review uh
that work
I understood
and then
um I'm sorry you know vice mayor do you
and I'm and I know the remote makes it a
pause here can you just mind holding the
city manager had wanted to add something
certainly thank you Andrew I just wanted
to note that um in the appellants
presentation there was a picture of what
the shading is today uh which did align
very much to the data that was presented
by the applicant showing that their
today without the addition there is a
lot of shading just from the existing
first story in the winter at
approximately 9 A.M and so
the council member or vice mayor
mentioned that there appeared to be a
incongruence in some of the data but in
what we saw today from both the
appellant and the applicant I think
there was congruence that there is
significant shading during the winter on
most of the side slash rear yard
at around 9 A.M and so that's just with
one story yes it will be slightly
increased but from the picture that I
think we all saw their significant
shading already
yeah and thank you city manager uh thank
you for uh pausing uh vice mayor please
go ahead
sure and then the the other um concern
regarding privacy
um in the appallance uh presentation
not a lot of time was was spent there um
except to say that a window it was
basically that a window is a window
um the
you know in my time on the on the
Planning Commission I served on the
Planning Commission before
um joining the city council
um you know it was like it was a fairly
common practice in these situations
where you've got a a two-story Edition
going up next to a one-story
um uh neighbor
to do these clustery windows with the
high high sill meaning that through the
normal
you know usage of of a room unless
you're unless you're
um
tall and or you know deliberately
looking up out the window you're not
going to be you know gazing down into
your into your neighbor's yard and this
is a this is a fairly common
um uh mitigation that that we've seen on
these editions
um councilman Salazar was correct you
know whenever you're doing a uh a
two-story addition next to a one story
home there's going to be impacts and
um
I would have liked to have seen a little
more you know
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I guess uh
opinion or evidence on on the the
Privacy impact after the the change of
the windows
um I guess that's it for me for for now
thank you
other questions uh councilmember Alvarez
please
Mr Mayor
um I just want to add that I agree with
the city manager I believe that the
applicant has presented their case very
well
with regards to the orientation of the
sun
compared to the summer summer season and winter the orientation of the sun is
basically in in between that's why on
the presentation of of the applicant
basically shows very little Shadow so I
don't see any
um any uh big impact on the shadowing
issue for the purpose Edition when it
comes to the uh the Privacy I think the
optigan had
um
meant that you know all the requests
from from the repellent
um just to
you know um
give the uh the height a little bit
higher and and also um based on what um
vice mayor Hamilton mentioned that
unless you're tall and your intention is
to look down
um I don't think it would be an issue on the Privacy matter
with one addition we have a regular
window that basically anybody can look
at and through the through the through
the neighbor and we don't see that being
an issue as for privacy issue because
it's it's a an eye level a high level of
an individual so I don't see any um
issue when it comes to the Privacy
either based on on the applicant's
presentation thank you
any other questions or comments
councilmember Medina yes thank you Mr
Mayor
um I think
my colleagues covered a lot
um
of the concerns and and the real reality
that when somebody's building a second
story Edition
and I can tell you from personal
experience it's happening at my house
right now
the applicant is
they're building the house and as I look
up I'm I'm like wow that didn't look
like that on the plans and I could
understand that
because property owners have rights
to have a second story we have the
guidelines
that attempt to
create
more of a acceptable level
and the key words that I'm looking at
here are
um minimize
and reduce step back
um and has met the daylight plane
guideline
and that's what I'm feeling is probably
one of the most important thing here is
this is our guideline
um so I my question would be to staff
and also to explain to the public this
is the first time in seven years that
I've I've sat in on a an appeal of of a
property it doesn't happen very often
so
reducing compared to minimizing is a really really strong
word
um
but
legally I would like to hear from our
City attorney about
um
those those words because I believe that
the attempt to reduce and someone could
say to minimize
um has been made
now if if it was possible
um to move the house a little further
over
during the second round that would have
probably been Optimum
um I understand the the idea about the
windows as well because looking out of
my bedroom window I can see there's a
window on the on the the house that's
next door but
houses need to have Windows and it's
just something to be aware of and and
it's more of a reality so I think I've just wanted to to bounce to the
legal side of things to make sure those
are covered and that the effort has been
made
by meeting the guideline which wasn't
met before
and
um the accuracy
because it's kind of a I agree with the
vice mayor said we heard kind of two
different things that it was it barely
reduced it but hearing from the
applicant that the shades are already
there
um so
just one second so let's see how that
goes if you don't mind Mr no no Trisha
Ortiz City attorney so
um I will probably kick it back over to
staff to discuss the guidelines but I
think what you're talking about were the
guidelines which aren't necessarily the
legal parameters the legal parameters
are when we look at
approving the project which is you have
to be able to make the findings that are
in your code and those are the findings
that have all been laid out in the staff
report as well as the resolution so
um I think the guidelines it's probably
more appropriate for staff to talk about
how they view the guidelines because as they were saying they're not hard and
fast rules they are just what they say
they are which is guidelines and you
look to okay factually how do we apply
these guidelines what's the practice and
things like that
foreign
they're both going to the same way
um it it doesn't say come up again
um but if uh respond further yes I have
noted that when you do a second story
you are going to have impacts
and that and so
um if the intent of the guidelines were
to minimize to zero then there would be
these these number of guidelines
suggesting wholesale avoid one is you
have a two-story wall and you have an
offset on it the other is is the
daylight plane
one of the statements of of the
appellant is the daylight plane isn't
doing enough
the daylight plane reflects what the
council in 2010 said was enough it's a
big document and as I said there's a
number of guidelines and you really have
to take a look at the whole package all
together
knowing that perfectly meeting every
guideline is probably never going to
happen but are you meeting the intent
are you doing as much as what a update
now you answered the question I mean
thank you I think my colleague said
asked most of the questions and that was
about the the shadowing and there was two topics that came up Mr
Murphy was the shadowing and the privacy
and I and I a lot of time was spent on
the shadowing
um and I know that there is going to be
an effect it's
as was stated earlier a one story and a
two-story there's an effect in which and
it's trying to minimize it's not going
to ever eliminate and I think
um in my time here I'm trying to think
of and also an appeal that's come
forward
um
I share Mr Murphy's concerns because his
movie may not be an option and and
building is and I do know there are that
those things do occur what I do to try
to meet somewhere
um but in which that I do appreciate
that we're making a statement that I
didn't have any questions there are no
more questions from Council council
member Salazar yes so
um
there was a an initial design that was
rejected by the Planning Commission and
then a subsequent one and what was the
um the measurement that was that made
the difference for the Planning
Commission what what did they see the
one thing I think it was a combination
of of items uh and when you take
together pushing the Second Story wall
further away from the neighbor and
meeting the daylight plane bringing the
height down a little bit and shortening
the length of that Second Story
I I think the Planning Commission looked
at well you know if you put
there really isn't much more to do other
than uh
prescribe that it the second story has
to be in a certain place which uh I
believe our Planning Commission didn't
believe was appropriate in this case to
force the applicant to do that
no further questions for staff
um I'll ask if please feel free to sit
down anything else from uh okay so we're
back to the point of uh our deliberation
and our action
um I'm gonna ask the City attorney uh
just so you can State I mean I know the approving would overturn the appeal
but I just want to make it abundantly
clear yeah mayor Medina City Council
Members the motion to approve the
resolution would be a motion to approve
the project
there are alternative uh courses of
action that the staff has outlined in
the staff report which means for denial
or you could
request that the appellant that the
applicant makes certain modifications to
the project design and refer the project
back to the Planning Commission but the
recommended motion is to approve the
resolution which would approve the
project and provide the necessary
findings
thank you very much for doing I just
wanted us all to understand what action
and what that will interpret and mean
for it so is there any uh action
from the council in regards to this
appeal
chair I'm sorry council member Salazar
yeah and um as I stated earlier it is uh
regrettable when neighbors have
conflicts like these but based on the
fact that uh the Planning Commission
who has the expertise in this
approved and I have to make a motion to
um to approve
the resolution as it's presented
is there hold on no and uh you you've
had your your time and I'm I'm sorry uh
there's a motion on the floor is there a
second I'm sorry a second
okay and I apologize Mr Murphy
um uh motion by Salazar seconded by
Alvarez is everybody understand the
motion
then there will be a roll call please
councilmember Alvarez yes council member
Marty Medina yes council member Salazar
yes vice mayor Hamilton
yes mayor Rico Medina yes
the resolution of motion has passed by a
5-0 vote thank you for your time here
thank you for your your input
and with that yes sir sorry sir I'm
sorry sorry
um with that
um a five minute break to do that and
then we will come back
so we will be in recess for five minutes
to allow everybody to depart and our get
settled for the next uh situation or the
next part of the agenda thank you
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thank you
okay
all right thank you for your patience
we're back from our recess and we are
now going to be on item 8 and it will be
the study session
oh hi Darcy Smith assistant city manager
hold on hold on
um the assistant city manager was very
excited for this topic but let's uh
we'll have the city clerk read it and
then we'll turn it over to the assistant
city manager
item 8A conduct study session and
provide comments on the draft safe
routes to school plan
yes this is a very exciting item that
we've been waiting for for a while
because safe routes to school is very
important to everyone in the community
it affects us all so with that I'll turn
over to Matt Lee our Public Works
director who's gonna kick off this item
and I apologize I know it's late it's a long item but we have a lot of
really meaty details that we wanted to
present to you as this is a study
session
thank you thank you Mr Lee good evening
mayor Medina members Council uh like
assistant city manager Smith said this
is a very exciting item I'm actually
excited about it too it's a long time
coming uh it's about a year in the
making
um and the study session is for the safe
routes to school plan which I think we
all can agree on uh which is making safe
routes for children's to to walk or find
alternative modes of transportation to
school I am going to be here tonight to
kind of set the stage for the plan
itself I have Jeff Knowles here from
Alta planning to kind of go through the
meat and potatoes of the of the
presentation itself and Anna Morales of
our team to be able to answer any
questions later if you guys have it
uh in terms of the agenda like I said
we're going to go through those items
what I wanted to do was to actually talk
about the background uh as you all know
uh the city was awarded a Caltrans Grant
in 2020 of approximately 250 000 uh that
Grant was to allow us to develop a
city-wide safe route to school plan
which was uh developed within this past
year starting back in November 2021
this plan is actually a really great
example of how the community can come
together and develop a plan that works
for everybody it involved multiple
stakeholders various schools and members
of the community
so without further Ado I would like to
bring Jeff Knowles up to talk about the
plan itself
foreign
welcome and thank you for your patience
thank you thank you members of council
mayor of staff and members of the public
who are joining us my name is Jeff
Knowles I'm with Alta planning and
design of principal and our Oakland
office it's been my pleasure to be be
your project manager in the safe routes
to school plan
my agenda tonight is to walk you through
the project overview talk about the
safety analysis that was conducted the
community engagement that we went
through for this plan uh the walk Audits
and then really get into the findings
recommendations that were prioritized
and then Matt's going to come back and
talk to you about next steps and where
you go from here
to the project overview
favorites to school is a comprehensive
program to make school communities safer
especially for people students who are
walking or bicycling we do that by a
combination of engineering Solutions and
education and encouragement activities
that will hopefully encourage people to
take that active choice
the project involved objective data
analysis focused on safety listening to
Community member concerns and their
ideas observing traffic patterns and
behavior
based on those findings we developed
priority Improvement recommendations
the plan is not funded or commits the
city to any funding rather it sets the
city up to make wise Investments and
compete for grant funding from the
county from MTC and other state funding
sources
we partnered with many schools Bel Air
Allen Rollingwood John Muir and Portola
elementary schools Parkside intermediate
cappuccino high and St Robert Catholic
Palos Verdes and El Portal schools we
also there are a couple schools that
were partially participating that means
they were involved that we had
recommendations but we didn't they
didn't get the full Suite of involvement
Highlands Christian School Stratford and
monteverdi were three they were added as
parsley participating
started oops excuse me
we started this process in Winter of
2022 where the schools were identified
we had our first Community Workshop in
the spring we conducted our walk audits
we initiated our community surveys we
met with ptos and ptas that's
parent-teacher organizations and
associations and started identify draft
recommendations
in the summer we gathered input on those
recommendations we revised them
prioritized them and created the draft
plan
this fall we shared the draft plan with
the public we revised it based off of
input we received from school
administrators and for members of the
public we produced a final draft plan
that is here tonight for city council
study session
the final plan will be presented for
city council adoption tentatively
February 14th
I'm going to talk a little bit about
safety analysis which was one of our big
factors in coming up with
recommendations we analyzed vehicle
pedestrian and collision data on the
city's roadways and produce the map that
you see on the screen the roads in blue
and purple have the most significant
safety challenges the analysis
highlighted areas that had the most
severe collisions involving Youth and crashes
that involve vulnerable Road users that
is people walking or bicycling
the results that you see here align with
what we've seen in other jurisdictions
most crashes occurring along busier
streets and in denser roadway networks
you can see that around Skyline
Boulevard here and also along and east
of El Camino Real
our community engagement involved online
and in-person engagement so for online
we had a project website we developed
that project website with San
bruno.ca.gov safe routes if measure the
public are watching or watching later
they can still go to that website and
get information about the plan
we had a survey interactive map we had
information about upcoming events and a
contact form
this is a screen capture of the
interactive web tool where residents
could share their preferred walking or
bicycling routes from home to school
they also could add points to identify
challenging locations along those routes
we made presentations to over 70 parents
and staff at PTO meetings at Allen
Rollingwood John Muir and Portola we
actively tried to get on the agendas for
all the different ptos some of them were
less active than others and these are
the ones that invited us to come and
present
we heard from over 400 residents through
the survey responses and half of those
were parents and students that lived
within a mile of school so that's a
great distance for walking and bicycling
the top three concerns we heard were
speeding traffic along the Route
uncomfortable intersections and too much
traffic along the Route
in addition to that in-person online
engagement we conducted walk audits
this is a practical oops sorry this is a
practical exercise where our staff of
Transportation planners and Engineers
worked with City staff District staff
School administrators and parents to
observe biking and walking we looked at
how people were able to cross streets
observed any potential safety issues how
drivers interacted with students in
walking and biking and we conducted
these with for the nine fully
participating schools
so now I'm going to talk to you about
the findings and recommendations we
developed site-specific recommendations
those recommendations are in two
different buckets infrastructure
projects and non-infrastructure programs
examples of infrastructure projects
include painting high visibility
crosswalks
like the image shown here this is
converting maybe a two parallel lines or
transverse crosswalks into this ladder
style these are painted yellow these are
to Mark the high visibility crosswalks
in school zones
another type of infrastructure that
we're recommending are curb extensions
you can see an example here where we've
bold out the corners this is important
to increasing visibility especially for
smaller students at the corners
increases the visibility between drivers
and people waiting to cross it also
reduces the exposure of people out in
the middle of the street it also another
benefit is that it slows down cars
taking turns at Corners there's another
style that you can do which is a paint
and post there's an example here where
you just have flexible bollards and
paint that goes down this could be an
interim low-cost solution as you're
looking for funding for that higher cost
full concrete solution in the previous
image
other examples infrastructure could
include stop signs or completing studies
that you need to add stop signs or
painting red no parking curbs I heard a
comment at the speaker or the from the
public earlier today about this desire
this is something that comes up
repeatedly in the plan of creating these
visibility zones for people crossing the
streets
most touristic most jurisdictions lean
heavily on engineering Solutions what I
want to point out is this plan balances
that with non-infructure programs
it includes a comprehensive list of
these infrastructure programs such as
Walk and Roll to school days
walking school buses which you can see
here parents volunteering to walk their
kids to school and pick up other kids
along the way
other ideas like encouraging families to
park and walk to school for those that
can't maybe walk the entire distance
this is a way to kind of cut that in
half driver awareness campaigns and bike
rodeos which include skills training for
kids
yeah
this image is from a series of one page
one pages that we created for school
Partners looking to get involved in
safer programming the same information
is shared in the safe rates of school
plan starting on page 19. we include a
program description
planning resources and program examples
potential partners and responsible
agencies and the timing or seasonal
considerations for each of the programs
one program that has strong interest is
the crossing guard program Matt Lee is
going to come back and share with you
some of the discussion about the
crossing guard program
thanks Jeff a little bit about the
crossing guard program just so we recall
on the October 11th council meeting
there was a discussion of a student
pedestrian Crossing safety on Niles
Avenue and in that meeting the there was
a it was brought to the attention
Council that Crossing cards were
provided at three locations the one
location at Crystal Springs and Oak
Avenue
was optimized for student safety and so
the discussion had there
at that time the police chief was
directed to kind of go take a look back
at the crossing guard program that memo
is attached in this staff report and uh
the the biggest takeaway is uh to add
additional crossing guards would be
approximately twenty thousand dollars
per year per location and require
Amendment to the current budget and the
appropriate funds needed for that
contract now I handed it back to Jeff to
talk about the city-wide infrastructure
recommendations
thanks Matt so before I share the draft
school specific recommendations the plan
has three city-wide infrastructure
recommendations
first we recommend lowering speed limits
to 15 miles per hour in school zones
the second is to look at what policy
changes are necessary to make it easier
for staff to add always stops in school
zones
and finally adding Street trees and
green storm water infrastructure at the
same time that safety improvements go in
when funding allows
the city of San Bruno and the districts
served in this plan do not have
unlimited financial resources or staff
capacity so recognizing that
implementing every recommendation in the
plan may not be feasible
therefore we put we went through a
prioritization process to identify the
highest impact and lowest cost projects
this plan uses the following criteria to
select those high priority projects
across the city and for each School
the first is location projects and
locations with the greatest risk
indicated by that Collision analysis
that I shared with you previously
second was efficacy there have been many
studies about how efficient or you know
effective different treatments are and
reducing crashes and so that was
something we looked at
and then the third and final criteria
was cost so this is where we scored
lower cost projects higher
I'll walk through uh now I'm going to
walk through each school's high priority
projects I'm not going to go through all
92 just the high priority ones for each
school that way you can come back with
any questions you have
after reviewing Community input and
conducting a walk audit at Allen
Elementary we found that cars moved
quickly on Lyndon Elm and Angus ABS we
also didn't find a need for crosswalk
improvements at intersections near the
schools near the school based on the
findings the plan recommended nine
infrastructure projects
the three high priority projects at
Allen are shown in the map in red at
number four on Angus Avenue where the
plan recommends making the school drop
off Loop a write-in right out only for
vehicles the other two high priority
recommendations are number six at
Genevieve and Acacia Ave and number
seven at Genevieve and Cypress ABS the
plan recommends studying adding all
waste stops and then also adding red
curb near the crosswalks at both of
these locations
at Bel Air Elementary findings from the
walk audit and Survey are consistent
with the school safety assessment
conducted in 2019
specifically concerns about congestion
at the school entrance on Third Avenue
and around the loading zones and
speeding into and out of the school
parking lot connecting to First Avenue
the planning effort was more extensive
than the previous School assessment as
such these findings are consistent with
the previous work and in some cases
Provide support for more robust
Solutions the plan recommends 11
improvements around Bel Air
high priority recommendations include
numbers three and four shown in red on
the map which focus on improving
conditions where the school drop-off
Loop meets Lions Park number three adds
a sidewalk connection into Lion's Park
parking lot to connect the school with
the existing pedestrian path towards the
south side of the Lot Number Four adds a
raised crosswalk and a right in right
out style directive to slow and simplify
vehicle movements at that location
recommendations two and six also clarify
pedestrian right-of-way by making a
crosswalk across the driveway around the
school
the walk audit and our survey feedback
at cappuccino highlighted long
uncomfortable Crossings especially to
the east of Campus on El Camino Real
people also noted the rolled curb on on
the sidewalks that allowed cars to park
and block the sidewalk making it
challenging for people to walk in some
areas around the school
plan recommends 11 projects at
cappuccino
the high priority improvements are
mostly along El Camino Real you can see
this on 7 8 and 11. those include mostly
adding always stops and recommending
straightening the right turn Lanes to
align with the street to improve
visibility and slow
turning traffic
yeah John Muir a walk audit participants
noticed significant congestion along
crestmore Drive leading North from the
school along with the other Drive driver
behavior and conditions that made it
challenging to Cross crestmore Drive
additional Community input reinforced
Crossing difficulties at existing marked
and unmarked crosswalks
so therefore we came up with 10
improvements at Muir the highest
priority improvements are focused on
making it easier for students and
community members across crestmore drive
at Cambridge Lane close to the school
recommendation you can see number four
includes an all-way stop warrant study
and then recommendation six adds Boll
alerts or posts to create a hardened
Center Line on Cambridge Lane
approaching the school entrance
foreign
schools these are County run special
education facilities where the student
body is bussed to campus their walking
and biking needs are somewhat limited as
a result however school officials on the
walk audit share that students
frequently crossed Commodore Drive to
access the park across the street and
would benefit from improved
accessibility and ease of that Crossing
we have four recommendations at the
school site the high priority project is
located on Commodore Drive at the school
entrance and includes painting a high
visibility crosswalk across the driveway
and realigning the curb ramps to make
the entrance to the school grounds more
accessible
at Parkside walk audit participants and
Community input noted significant
digestion and double parking along Niles
Avenue adjacent to school which made it
difficult for students to cross from the
adjacent neighborhood genevine Ave was
also identified as a barrier for
students Crossing from neighborhoods to
the north with heavy or fast traffic and
uncomfortable intersections the project
team also explored potential connections
to the South to dissipate some of the
congestion on the north side of the
school
of the nine recommendations
projects that worksite for them are high
priority two recommendations numbers
eight and nine along genevine Ave at
Cedar and Cherry Ave include paint and
post curb extensions and high visibility
crosswalks to make it easier to cross
Genevieve while an always-stop warrant
study is also recommended at Cedar lined
up with the school entrance
recommendation 4 also involves a stop
warrant study to create better Crossing
opportunities at the school entrance
recommendation number seven at Donner
Ave and Palomar Court include conducting
a stop warrant study with second tier
recommendations to install high-vis
crosswalks
the walk audit at Portola and Community
input noted and comfortable conditions
walking along Amador Avenue due to foggy
conditions and lack of street lights the
project team also heard concerns about
Crossing at busy intersections towards
and including Skyline Boulevard that
serve as a barrier for students and
caregivers about and about visibility
concerns that the existing Crossing on
Amador near the school entrance
we have five recommendations at Portola
the highest priority recommendation is
to increase pedestrian accessibility
and visibility at the school entrance on
Amador Ave by adding curb ramps and a
high visibility crosswalk as well as
reinforcing simplified traffic flow with
right in right out only Flex posts
the largest opportunity for improvement
shared by The Rolling one Community was
the current traffic congestion during
pickup and drop-off due to Vehicles
parked on Cottonwood Drive knowing that
Rolling Wood is slated to close at the
end of the 22-23-3 school year the
project team also looked at connections
to other neighborhoods at the periphery
of rolling one school zone
of the six recommendations at
Rollingwood three are high priority the
first and easiest is to implement
recommendation number two on the map
priveting marketing parking along
Cottonwood where the pot pick up and
drop off cues form a bottleneck the
other two high priority projects are
adding high visibility crosswalks and
exploring traffic calming along
Rollingwood Drive
at St Robert Elementary project team
heard from Community about traffic
moving quickly and a need for traffic
calming along Oak Avenue as well as
Crossing concerns at Oak and Niles and
Oak and Crystal Springs
during the walk audit the project team
had similar observations and also noted
challenging pedestrian visibility around
the many entrances and exits of school
and church parking lots along Oak and
Crystal Springs
the plan recommends 13 projects around
St Roberts and the highest priority
recommendations are related to
pedestrian visibility along and at
Crystal Springs Road near Oak Avenue
Highlands Christian School this is the
first of the three partially
participating schools that did not
receive a walk audit however conditions
observed during the Portola Elementary
walk audit informed recommendations
nearby at Highlands as you can see
portola's shown here just up the street
on on Amador Ave recommendation number
one it's a high priority to increase
pedestrian visibility at the school
entrance by extending the red curbs on
Amador Ave and Monterey Drive
second high priority project number two
is exploring the addition of traffic
calming elements to Monterey Drive such
as speed feedback science which are the
signs that light up to tell you how fast
you're going
adding speed humps or visually nearing
the travel Lanes by striping The Edge
Lane of parking
all of the traffic calming would need to
adhere to the city's traffic calming
program
monteverdi is another school that the
project team did not conduct a full walk
audit however we sent our engineering
team out there to look at observations
and came up with additional
recommendations a high priority is here
at
um Saint Cloud and Fleetwood Drive the
plan recommends conducting an always
stop warrant study painting high
visibility crosswalks on all legs of the
intersection installing paint and post
curb extensions and extending the length
of the adjacent no parking zones
Stratford school is the final partially
participating school and like the others
did not receive a full audit but from
the input we received from the public we
came up with a series of recommendations
high priority number one on the map is
extending no parking zones around the
existing crosswalk at the school
entrance
number three is to evaluate install
traffic calming devices along crestmore
drive this is one that came up quite a
bit from public input on recommendations
for the school
so in summary we've prioritized 22 high
priority projects at a cost of just
under five hundred thousand dollars 38
medium priority projects at 2.1 million
dollars and 32 lower priority projects
at 4.9 million dollars a total of 7.5
million dollars altogether these are all
planning level cost estimates and
additional design is needed to further
refine these costs we believe you can
accomplish all high priority projects
with a single Grant from San Mateo
County Transportation Authority through
their measure a w program additional
City and external grants will be needed
for the rest
Matt's going to come back and going to
share a list a short list of
opportunities that we think the city
will be competitive for screen funding
and then walk you through next steps
thanks Jeff so
in terms of funding opportunities we
really try to be opportunistic for plans
like this once we get the plan going and
it's adopted by Council we take every
opportunity we can with existing
projects to implement some of these
low-hanging fruits and then with that
there are also grant opportunities that
we keep our eyes out on there's federal
grants such as safe routes Safe Streets
on roads for all there's various state
grants and as Jeff mentioned there's the
local grants of San Mateo County measure
a w as well and then there's always our
own CIP funds if if there are any that
would um be be able to be utilized with
those types of funds I now pass it back
to Jeff uh to oh sorry I apologize and
so uh so those are the funds that we
have for tonight the fiscal impact there
is no fiscal impact for you guys to
receive the the plan itself uh we
already as we mentioned earlier had a
grant to uh develop the plan
um and so there would be no cost for
this actual plan uh and finalizing it
the next steps we have is to receive the
input from Council uh and the project
team can finalize the safe routes to
school plan and bring it back for
Council adoption at a future meeting
so tonight's action is just for you to
provide us with any comments you have on
the plan itself or we're able uh to
answer any questions that you and you
all may have
thank you both very much for the report
and at this time we'll ask any uh
comments or questions comments or
questions from Council at this time
councilman Medina
um
it's amazing really
um just wanted to thank everyone
involved for for this I know
numerous people in our community are
concerned about you know the topic not
only around schools but the additional
speeding and
impairments to line of sight at
intersections where there's just so many
cars now that our roads weren't designed
to have that many cars and now
people are parking and blocking the line
of sight and and
um
I'm looking forward to implementing some
of these things I'm concerned of course
of the cost just like everything else
[Music]
um
were trying to do our best with the
money that we have I am encouraged by
the grant opportunities and
um as we go forward with our budget
to seeing how we could start taking
bites out of these things to making and
I really appreciate the
um the way that it's prioritized for for
getting the low-cost effective ones I
mean a lot of crosswalks back in the day
I I recall
um how we would repaint crosswalks like
every other year and then and and I
think we've kind of gone away from that
and there's a lot of striping that needs
to be done on not just the crosswalks
but on our streets as we heard earlier
today
so a lot of thanks for everyone
um and uh there's a lot now it's there's
a lot of work ahead so how we achieve
that I look forward to the budget and
seeing how we can get those grants so
thank you all for your work
thank you councilmember Alvarez please thank you
um I want to acknowledge sorry everyone
really quickly
the I think it I think it's page 24 or
25 of the slides
so I noticed I noticed that
um the regular sidewalk was painted uh
yellow very
um you know very attractive and then I
also saw the round round design material
I don't know what materialism how do you determine uh what specific
design
um to use I noticed that the the blue bubble I think it's on page 24
25. very attractive actually
um is that
but it's not it wasn't used for The
Pedestrian though unlike the yellow
paint
um yeah I'm trying to find the photo I
think slide 24
is slide 25 is just a concrete bulb out
location are you talking about that yes
the blue
blood design oh okay yeah so so uh so
like Jeff uh mentioned earlier these are
kind of the low-cost implementations uh
that we can kind of get out into uh the
into the real world uh without having to
spend a little too much money with the
final solution which is essentially the
concrete bulb out so uh I think what we've learned in the transportation
field is that we can Implement these
quickly
um and and and have them out there so
that they can expect so that the
traveling pedestrians can experience the
benefit prior to us finding a solution
of putting in actual concrete because
you know with the concrete work here
it's not just putting another sidewalk
out it's actually re-grading and looking
at the flow line for storm drainage uh
for for the intersection and trying to
make sure that that works and so that's
where the complications are so these are
kind of like Jeff said
um the the infrastructure improvements
that we can see a little more quickly
obviously these would be an air areas
where the wreck these are implemented in
areas where we're trying to shorten the
crossing distance
between the yellow visibility material
that we usually
see on the ram in in the sidewall and
they use that a lot for visibility but
you mentioned that you know this is also
as part of the reason for visibility so
between the two I probably would lean to
that the blue design the round blue
design very nice thank you
councilmember Salazar thank you sir uh
so one one question
um Matt I was wondering if you had had a
chance or will you at some point uh see
if there's an intersection between the
projects recommended here and projects
that we have in in flight or planning
already I was thinking you know we're going to put the the traffic
signals uh in front of the entrance to
City Park and that could have a
significant impact in some of the
recommendations that were made around St
Roberts and so uh you know maybe if we
can
so we could potentially prioritize
projects that have already either been
vetted or we already know that something
is is in the works for them
yeah that's a that's a great comment um
so uh unfortunately the projects are
happening on different timelines right
like the intercession of city park we've
kind of gone through the analysis to
determine what we were going to do at
that intersection and so we're moving
ahead with design we're in the process
of trying to get this plan adopted but
the good news is once this plan does get
adopted then we kind of make sure we
look take a look at our existing
projects to see where we can find
synergies between the recommendations
and what we're currently implementing
okay and then my my next question was
just you know regarding these projects
in general is there empirical data that
shows what level of participation we get
in communities for each of these types
of projects so you know what it what is
the real impact right because people may
say yeah we'd like to ride our bikes to
school with our kids but once once the
routes are in place is there any
evidence that people actually follow
through on that commitment yeah so
um I can bring Jeff up to talk about
kind of the before and after studies of
the plan and how we measure if the
infrastructure or the improvements are
working yeah
a great question again Jeff Knowles with
Alta this gets question asked asked a
lot about when we make this investment
are we actually see a return on that the
answer is yes if you combine the
engineering with the non-infrastructure
programs together they kind of work hand
in hand you can't just have new
infrastructure and hope for the best so
that's where this plan really marries
the two together in partnership with
school districts with other like the
County Office of Education provides a
lot of resources so I think together you
can see that
before and after studies Nationwide have
shown as much as a 20 increase in
children walking and bicycling to school
when there is a robust safer to school
program activated
okay thank you so it's more than just
build it and they will come it's more
than just build it and we come it has to
be a steady consistent investment all
right so well thank you and and I also
wanted to say that it was a very
impressive report I enjoyed reading it
so thank you
vice mayor Hamilton
uh I also agree it was very impressive
uh report and um very very comprehensive
I have a couple of of comments and then
a question the
um I'm all I'm also as as
um the council member Medina mentioned I
I'm concerned with the overall cost but
this is the the the in looking through
all of the
um all of the uh infrastructure
recommendations in the report and I did
that I read through every single one of
them
um I could they're all good projects
every single one of them they're so you
know I I so I appreciate that we you
know that we
um have already done the effort to
prioritize and and try to put some at
the top of the list but eventually
they're all going to
um and um so what I'm hoping that we'll
be able to leverage
um Consultants to do the bulk of the
design work under supervision from our
city staff
um as managers
um considering that especially if we're able to do these do this work
with one-time Grant funds
um
because it's going to take you know a
while to get a lot of these projects
um completed I I agree that the the
education piece
um is something that we need to get
after right away I had one question
regarding education and um there was a program in place when my
kids were in elementary school called uh
stop look wave
and I I it was and there was there was
Fanfare about it when it came out and
then then it kind of went away I don't
know if that was a school district
program or if it was a city program
um and basically what it was was that
education both for drivers and for
students to
um reduce the reduce the danger at
marked crosswalks meaning that when you
come to a crosswalk both the driver and
the people crossing the street
Endeavor to make eye contact and then
wait and
um and and then you know so then when
you see when you see the wave from the
driver you know that the driver sees you
and that you can cross safely
um I haven't heard anything about this
and I'm wondering if that's maybe just a
program that fizzled out and I just
wondered if if there was any mention of
that or or or if that came up at all
during the
um during the work to put together the
report
thank you uh councilmember Hamilton uh that is a good question uh like Jeff
knows indicated earlier
we there are various programs that you
can apply with the infrastructure fixes
uh you know with safe routes to school
they talk about the fivees you know
education enforcement and and all that
and so
um I have not specifically heard of that
program but the way you describe it it
makes sense right really the goal is to
make sure uh that the pedestrians and
the drivers see each other so there are
no collisions I can check with Jeff uh
to see if they're if he's aware of that
type of program
okay thank you there was a small
engineering component to it because they
actually painted the words stop look
wave in the in the in the crosswalks
um you know for the for the pedestrians
to see uh vice mayor thank you for that
and we've we've noted that when we were
doing walk on it so we saw that painted
on a lot of your cross so stop look wave
and we thought this is look at San Bruno
leading the way I've never seen any
other jurisdiction do that so I think
it's a good thing that we should
probably talk about maybe more in the
plan somewhere
um we don't know what happened to that
program but it's certainly part of the
driver awareness campaign that we did
call out in the plan as a as an activity
as part of the notification programs I
think the city should
look at most of them are Grant funded
through the office of traffic safety and
so this is one where I assume that it
had a grant ran its course and it's
probably not now it's the time to look
at that again so thank you okay thank
you for the explanation
thank you vice mayor uh city manager
thank you mayor uh Jess with stop
looking wave uh I am knowledgeable of
that stenciling that we did and um the
city does possess the actual stencil and
our staff does routinely repaint the
stop looking wave and certainly as we
look at those high priority projects we
can check back in with staff and see if
any of those crosswalks that currently
have it uh need a refresh and I believe
it was
I'll just say pre-covet when I last had
that conversation with staff and we did
a mini uh overtime program just to make
sure that um those crosswalks were
repainted and refreshed with stop
looking wave but know that we'll look
into that and we have that stencil and
that ability in-house
that's great through the mayor yes um
that that's that's great news and I'd
love to hear that and I would think that
we we Pro it's been a while so we
probably need to at least do some
Outreach to remind people what it means
not just not just paying it make sure
that it's there but remind people what
it actually means
um so that's just a suggestion thank you
yeah and for me uh I'll try to make it
brief not to um
also State what my colleagues have but
yes very detailed report I want to also
make mention that we're talking about
funding sources and obviously from the
San Mateo County Transportation
Authority funds were allocated uh for
this I remember voting on that
um and in addition obviously I'm not
going to speak any more about that since
I serve on that body
but also there was an item in the report
about SamTrans and working
collaboratively a lot of this report is
about being collaborative a lot on the
PTO ptas about the school district about
where where does that all that come
together as far as trying to get either
funding grants and or collaboration and
shall we say skin in the game but on the
SamTrans I know it alluded to cappuccino
and Parkside as far as having more buses
I want to say I can tell you that for
SamTrans it was a very much a direction
by the board of directors to have school
schedules aligned very much staff at the
transit district went out and tried to
reach out to all superintendents and the
districts I can tell you for Parkside as
an example they did not turn in the
survey but the Transit District staff
went online to look up the school
schedule and do the best they can as far
as with cappuccino high school it's also
very close to the El Camino Real route
so that is very much a hub as far as
getting to other locations and again we
also know the fact of everybody who
wants I'm sure it better in all their
Community but serving in the county
sometimes when you're adding routes then
some routes are going to have to go and
they're based on obviously ridership
and economics and the return so I just
wanted to make that comment on the the
two Transit District things but it is a
very detailed report I think council
member Medina might have said but you
know
it's a lot of money and so it's about
getting what you can get done but it's
also about trying to uh shall I say
partner with others and trying to see
what we can do so but thank you very
much for the report let me see if
there's anybody from the public that
wishes to speak on this topic
we do not have any speaker cards but we
have one hand one remote hand raised
Jennifer Blanco
and we hear from trustee Blanco please
Jennifer Blanco whenever you're ready
you may begin
how about now yes we can hear you oh
perfect okay
um thank you so much I um first of all
let me Begin by saying wishing everyone
um a happy New Year just unfortunate
that we're we started it with all these
atmospheric reverse storms and so stay
safe everyone so
um thank you again for allowing me to
speak my name is Jennifer Blanco and I
am one of the trustees on the San Bruno
Park School District I listened to the
whole presentation and so I do have some
questions so if Matt and Jeff would be
so gracious enough to answer my
questions I would truly appreciate it
so um Marty I do have to agree with you
that we as a community we have many
community members here who are very
concerned with our kids and getting them
safe lead to school and that also
includes us trustees and so
um my questions are
so um I didn't see or read anything as
unfortunately I'm not able to log on to
my laptop to watch the meeting but I'm
watching from my phones it's really hard
for me to read the presentation
um I didn't see anything in regards to
um for partnering with the bike and
um pedestrian committee and the reason
why I'm asking that is because I'm going
to say six or seven principles that go
from Parkside we did have a fatal
um uh accident when we had a student who
took off on a friend's bike and she did
not know that her um that the bikes
brakes didn't work and so she flew down
on Niles and head on
um
hit um an oncoming back Shield of a car
and
um she passed away
um I believe she was a seventh or eighth
grader and Sir her name is Rebecca
Medrano
um and so I know that we need a lot of
Education in regards to
um to our kids and just letting them
know that there's you got to be safe
when you're out there on the streets
um last year also in regarding I kept
hearing pedestrian disability with the
congestion congestion on Niles last year
a student ran out from between the cars
and it just so happened that I saw it
myself he ran into a car and he hit the
car and then he fell down to the street
I know a lot of Education we need we
need to really push that education to
our to all of our families throughout
the school district and so
um the other thing too is
um
so I would I was I'm just wondering if
um
if it's possible I would really
appreciate it if the school board could
have this presentation and so my my one
of my questions so my question was for
the partnership with the bike and um but
The Pedestrian committee and also when
will the school district receive this
presentation and thank you for the time
thank you very much uh trustee Blanco is
there any
plans to uh you've already been working
with the schools right but will they be
also have the availability to the
reporter reach out to or is that not
known uh so we've we've worked with the
schools and our bicycle pedestrian
advisory committee and as well as our
tspc uh we've worked with them as well
uh as part of our efforts
um it was we were not going as part of
the consultant scope we weren't going to
go to the school district and make a
presentation but
uh
you would need to have that through the
appropriate accounts I'm sorry city
manager thank you mayor um we will look
into uh communicating with the school
board and seeing if it's possible to
have a presentation provided to them
thank you
um and thank you very much and I also
wanted to say I I did I forgot with the
15 Mile uh per hour I brought that up
and I didn't realize it was April but it
was a while ago and I thank all my
colleagues because they were concurrence
100 about that that's important so those
are the things that I think we should
move on that are immediate of concern
and safety so but with that
um thank you both very much and thank
you for being here and being patient
this evening we appreciate it
all right thank you with the hour of 10
30 at this time uh we as our new policy
is we have conduct a business and
comments from Council Members which
would mean we would normally conclude at
11
unless we have a motion and a vote to
exceed that so I just want to be as is
it more than just a check-in and and
then if we get close we will see that
Council wants to exceed the time
thank you sir
but again if you if we haven't taken
action or began the topic prior to 11
then that will need to be extended so
with that why don't we move to conduct
of business
item nine a introduce read by title and
wave further reading of an ordinance
adding chapter 2.33 to the San Bruno
Municipal Code adopting local
contribution limits for city council
elections
a City attorney I was going to say you
could have done it there but
hello mayor Medina and City Council
Members I'm returning to you with our
item on considering a ordinance to
establish local campaign contribution
limits
there it is
foreign so here's an outline of what I'm
going to be discussing I'm going to give
you a little bit of background an
overview of the uh the regulations
the proposed ordinance and then a
recommended action
so as you'll recall back in March of
2022 you held a study session on a
number of potential ballot items
including whether or not you would like
to establish campaign contribution
limits
um as part of that study session you
directed staff to come back with a
ordinance not to create not to have a
ballot measure but instead to consider
an ordinance of the city council
we brought that ordinance back to you
December 13th of 2022 you considered it
um and raised questions about a
provision prohibiting Anonymous
donations
and requested staff to to return with an
ordinance that does not impose
requirements that are in addition to the
existing requirements in the political
reform act and I'll get back to that
after just giving continuing to give you
a little bit of a background about the
ordinance so as you may recall in 2021
there are beginning in 2021 the state
established local camp or Statewide
campaign contribution limits that apply
by default when a city has not already
enacted its own local limits the default
contribution was four thousand nine
hundred dollars for the years 2021 and
2022 and the legislation provides for
that amount to be adjusted
every two years for inflation so it was
just recently updated and the new limit
is 5500.
um and then when you were looking at
this we presented you with a table
showing the various local campaign
Finance regulations for cities in nearby
on the peninsula here
the ordinance that we provided
um
provides a prohibits contributions from
a person to a candidate in excess of
five hundred dollars
the limit does not apply to
contributions of a candidate's own
personal funds to a candidate's own
campaign and it requires a statement to
be included on all campaign
contributions solicitations here's the
there's the uh the notice I won't read
it it's also in the ordinance
um
the ordinance does not apply to
campaigns for a ballot measure
referendum or initiative it requires
electronic filing of campaign statements
it established penalties and provided
additional enforcement tools
and I'm just going to quickly go over
this because we already looked at this
before and here is the key of why we're
coming back the proposed ordinance
prohibited Anonymous contributions in
any amount which essentially imposed a
requirement to track uh the source of
all contributions and the question was
does this impose a requirement on
candidates that exceeds what's already
in the political reform Act
so under the political reform act there
is a clear prohibition to receive
Anonymous contributions of a hundred
dollars or more from any person
and also in the political reform act
there's a requirement to report when the
total amount of contributions received
from any person exceeds 100 or more
so these two Provisions together
actually are an applied obligation to
track contributions under a hundred
dollars because you'd have to know if
somebody gave you fifty dollars if you
got another fifty dollars did that come
from the same person so
the ordinance that I'm bringing back to
you is the same ordinance that you
looked at in December
and the question to you is are you
satisfied with having explicit the
obligation to track obligations
under a hundred dollars or do you want
to remove that obligation so that you
are uh so so you don't have this clear
requirement
um and you are more clearly aligned
with the specific language of the
political reform Act
so there's two potential recommended
actions the first is to if you're going
to establish the campaign contribution
limits you can have the motion is to
introduce read by title only and wave
further reading of an ordinance adding
chapter 2.33 to the San Bruno Municipal
Code adopting local campaign
contribution limits in the alternative
motion if you want to remove the
prohibition against Anonymous
contributions would be to make that same
motion but also direct or to specify
that the ordinance you're adopting would
uh Delete paragraph B of section
2.33.030
and with that I'm happy to take any
questions any questions from colleagues
um
questions council member questions yes
please
so
for clarification on the
anonymous donations
so
there's a distinction I guess between
tracking and Reporting correct right and
so what we're required to report is
anything that exceeds a hundred dollars
from an individual correct so
if we are to specify an R
uh ordinance that we
do not allow Anonymous does that imply
also that we are required to report it
does not no it is it is merely an
obligation to not accept an anonymous
donation it is just an obligation to
inquire as to the source of that
information have some way of tracking it
but you're not there's no reporting
requirements the
um
the ordinance does not change the
reporting requirements they are what
they are in the political reform act the form requires the reporting of all
donations from any source of 100 or more
and since that is covered under the fppc
guidelines then is it necessary for us
to state that if it's already covered by existing
legislation right
um so the way I look at it is kind of we
had the question come up in December
what does this mean so I think by
stating it you make it very clear that
we are requiring the source of all
donations to be identified and to track
it is implied I think in the current
regulations but it's not specifically
stated which I think is why we had the
question and I had to go back and look
at it and come back to you with this
discussion so
um
I guess my answer is by by adding it
you're just making it very clear that
this is the proper way to track how you
receive contributions
and my next question you may have to
defer to somebody else and staff but
when we run for office the county
provides instruction on how we conduct
our campaigns and what our regulations
are so will the city now assume the
responsibility of conducting its own
education campaign for new candidates
that address its own
specific guidelines and if so will that
be conducted by the city clerk's office
and what what is the impact yeah so I'm
happy to turn this over to staff but I
guess my initial thought is that it's
just an ordinance like any other
ordinance that says here's our rules
um I don't know that it requires much
education Beyond here's what the rules
are which is the limit the limit for
campaign contributions 500 dollars
there is no there is a Prohibition
against
um Anonymous contributions so to the
extent there is any education I suppose
it could be as simple as handing a
candidate the city's ordinance or
directing the the candidate to the
cities
um
the municipal code I do know that I I
believe that the city clerk provides a
handbook to candidates and we probably
could quite easily wrap these new
Provisions into that either by again
attaching the ordinance or just
summarizing the key provisions
so we do meet we do meet with each
candidate individually and explain the
documents and go over the forms so that
would be something that we would
definitely go over and explain with each
candidate that is running for office
and then uh finally there there is a
language in there that says that uh
individuals have the option to
um
basically seek legal action against a
candidate if they feel that they've
violated it and the city has basically
right a first refusal to address the
issue if they choose not to that an
individual could still sue a candidate
for uh non-compliance based on their
interpretation
now
I don't believe that there's anything
currently uh that the state does other
than impose fines for violations so this
pretty much makes it a crime
to willingly uh so somebody all somebody
would have to do is say that no they
should have known better and so they
willingly broke the law now they're
basically
um
having to having to pay an additional so
not just fine but of actually paying for
a violation of a of a city
um
ordinance and so that that also is sort
of above and beyond uh I believe of the
penalty that the state would impose
right so there is so
provide penalties similar to other code
violations there's the you know
infraction and misdemeanor
administrative fine those are all
options for the city to enforce and then
the additional enforcement tools do
include include a private right of
action which would be a private citizen
bringing a private lawsuit so not saying
um yeah so so it would just be a civil
suit it wouldn't be a Criminal suit
but the
so
there is something in there that says
that if a candidate willfully violates
this these Provisions then it is an
infraction
not just a final mistake
of the way the fppc would interpret it
but actually
you're you're breaking a rule and then
so you're subject to a fine because of
that and then on top of that private
citizens can also step in and um and
take action that is correct the way it's
set up that is correct
oh that that's it just and then I
certainly want to hear from the rest of
colleagues I thought back in December
13th one of the things were like the
state does this and we don't want to
exceed that right and and I think
council member sellers are brought up a
very
quite the state awarding imposed then
assembly uh person Mullen already
established something for the State of
California
and then jurisdictions have that ability
to to exceed it but not you can't have
less than it so then the council said
okay we want to go through this process
and I think the reason it pauses on this
December 13th specifically was because
it was a reporting mechanism of uh below
90 uh 99 and below and I think that's
what we're trying to get and not have
all these extras and um again due to the
hour some of the areas that Mr sellers
are just pointed out are the concerns
I've had and that's what I had in the
13. so it's still I still have those
concerns but anyway let me see my other
colleagues councilmember Medina
right so I think less is more
in this case of of keeping it to
um whatever the state says and the only
thing we're changing is the limit
everything else Remains the Same I think
is probably what I understood the
council wanted to do
um it's nice to see that there are
penalties but
um I don't mind if we kept those but
I'm feeling like
to keep it more streamlined that just
having the limit
eliminating the the tracking because
let's let the state do that it's up to
each candidate but um I think if we kind
of just kept it really streamlined and achieved just to make sure I
understand the comment I the state has
enforcement measures for so we're not
adding any additional reporting
requirements we're just limiting we're
establishing a limit and then we're also
providing this this ordinance also
provides penalties for failure to comply
with the ordinance similar to any other
code violation I don't believe the state
is going to enforce your 500
contribution limit
the city would need to have some sort of
a
it's it's the city's ordinance and the
city needs to have penalty if if it
wants to have teeth
it needs to include that in the
ordinance yeah had we stayed with the
state then the state tracks it it's
their responsibility because we are
modifying that correctly and we are
sitting in the limit now the stability
that so extra work is now being placed
in the city of San Bruno for that
ownership I've already heard my comments
but now we're adding a penalty and stuff
I don't know a policy needed um
so with your explanation of of guests
if if a candidate did write and Report
that they took six hundred dollars from
somebody then they'd be in violation
society when there are no consequences
then people just go ahead and do it and
so what's the point
of having the rule if you're not and as
for the amount of time tracking
basically when we file our our updated
reports to the state that gets a copy to
our city clerk I'm for enforcement and the city clerk can chime in here but
I but the ordinance does require
electronic filing which I think is
intended to Yes
um so back on the um
on the anonymous donations piece there
was there are discussion whether we
should remove that language to make
things simpler and I'm not in favor of
that well let me ask my question first
if we were if we were to remove the
um
the the explicit language prohibiting
Anonymous donations
of any kind
um
would that mean that someone who wanted
to get around the 500 contribution limit
and give me more than that as if I was a
candidate
um that they could simply send me
10 99 Anonymous donations
separately
um yeah council member Hamilton I think
you're right I mean the intention of
adding the prohibit prohibition against
Anonymous donations was to
one make it clear that probably if you
ever get any Anonymous donations that
total one hundred dollars you need to
track who they're from to make sure
they're not from the same person
um
I don't know what's wrong right and two
to try to to the extent that you wanted
to limit contributions to five hundred
dollars to provide to include a
provision that closes a pretty
significant loophole
right
and this provision closes the loophole
in your opinion
correct
thank you that's that's why I'm in favor
of leaving it
Mr Salazar councilman Salazar I would
say that because the state already
requires us to report contributions in
aggregate that exceed a hundred it's not
a loophole it's not a loophole at all
um so
what if I were on my on my I'm sorry I'm
sorry I just want to make sure because
this light is still on so I want to make
sure he's concluded oh he'll defer uh
vice mayor
so what would prevent a candidate from
listing
like in the example that I gave 10 99
Anonymous donations
Mr Salazar
the same restrictions from the state
from the fppc that currently prevent
them from doing it it's it's it's
already state law
is the so I guess that's the question
for the City attorney is the state law
you can't receive a single donation of a
hundred dollars a single Anonymous
donation of honor others or more or they
address aggregate donations from the
same doors or if it's aggregate I'm
asking the City attorney
mayor Medina and council member Hamilton
the state law prohibits aggregate
donations from a single Source uh in
excess 100 or more and so that's
you know that and and the
state law prohibits Anonymous donations
of a hundred dollars or more uh so
impliedly there is a requirement to make
sure your traffic must happen
right and that that I I see no harm in
making that clear because that's
certainly not
crystal clear in the way that it's it is
through the state I see no harm in
making it clear we don't want if we
don't want
Anonymous donations
then we shouldn't want Anonymous
donations let's just say so
now I'm just thinking that I mean if
somebody gave you a 50 check
you have a categorization and form four
six that you have to report it you don't
have to use the name once you get to the
100 of course they have need to know
your name your occupation whether you're
retired whether you're not that's the
way the law is
um so when we keep saying Anonymous so
somebody gives a a young person
at school elementary school gives you a
dollar
now you need to get all the data
just as an example and a young person a
minor could do that
so that's where I'm I'm going with the
we have a state law that already
mandates in the aggregate so uh Mr uh
councilmember Medina I'm sorry you
didn't have the button on yeah
I'll go in and push the button
um
so we're kind of getting in the weeds a
little bit I could go either way just so
that we passed this tonight
um if you did get the one dollar
contribution you don't have to report it
and give the kid's name but you have to
keep that in mind if it did get up to
over a hundred so
to make it absolutely clear intent to
make the main part is the 500 limit but
I do think that we need we do need to
have consequences which is why
um there has to be some penalty in there
otherwise somebody could go ahead and
exceed it and then there's no penalty
why even half the ordinance and Mr
Salazar thank you and I agree with uh
council member Medina and that it can't
be comprised of the infraction that
there would be a corresponding fine and
it appears to me that we are going
beyond that and saying that now it's event I I really understood this
whole attempt to be a way to level the
playing field for new candidates and I
believe that if we're making this more
and you know we also just since I have
the mic since I have the floor you know
we we say in this that um you know it's
people into the shadows and and I I
think of an example that happened uh
recently where there was a candidate for
a state office tribute that not pack was
solely dedicated to uh promoting their
campaign
and that it didn't have limits
and so if we you know if if this is
really intended to level the playing
field we could potentially be uh
allowing people with connections to
powerful packs
to actually have a leg up over anybody
because now uh our friends and neighbors
are limited at 500
people who are contributing to a pack
they can do one one-time contributions
that are at the state limit and that's a
lot higher than anything we're allowing
in fact it's interesting to see that the
increase from last year to this year is
more than our overall limit for a single
contribution so
um and we're also saying our ours won't
automatically increase like the states
does so we're going to if you have a
concern that incumbents have a mechanism
for keeping new uh candidates out all
they have to do is freeze those dollars
they're already sitting in the seat so
they got it easy and now you're limiting
their ability to raise money so these
are unintended consequences I believe
I'm not I'm not opposed to the Limit
um
it it's certainly you know in my
experience and everyone posted that poor
portion of it but it does seem that we
are we're creating
some other issues that were not intended
and in some cases may run contrary to
the spirit of what we had hoped to do by
modernizing our Our Kind our campaign uh
limits
and I'll just say is there any members
of the public that wish to speak on this
I do not have any speaker cards and no
remote hands are raised thank you very
much so we'll bring it back to council
uh for any action or does it need to go
back or there were two options that were
placed uh I don't know if it's
I think we've got it unless it needs to
because of the hour place back on the
board but is there any direction or act
I guess action by Council does it mean
or Direction
you're the mayor uh yes vice mayor thank
you
I would like to make a motion to
um uh introduce the ordinance as read by
the clerk
I I didn't I didn't the last part I
didn't quite hear I'm sorry I'm sorry I
would like to make it I would like I'm
basically following what's what's listed
in the uh in the packet under the
recommendation
um introduce the ordinance as read by
the clerk
I can read the whole thing if you want
no we don't need to read I just want to
clarify for the colleagues because I
think just so we're on the same page
that's with everything right yes
everything that's been discussed whether
you have one side or the other is how it
is um I've addressed my concerns
um and I think everybody understands so
uh with that it is a roll call so roll
call please
thank you very much
I apologize
um is there a second on the motion is
there a second on the motion
I've heard none hence it has died due to
counsel
councilmember Salazar who's the chair I know that staff has already spent a
lot of time on this and I I do believe
it would be uh approproving it and to we
want to say anything I don't
um for it to keep on going up with
inflation so pumper must do address
um councilman salazarus can what would
be acceptable for you um for us to
structure this where there are no
additional paint
um and and if we can do that without
imposing additional penalties scare a
lot of people and having
individuals have that ability to sue you
know who's who's going to come after
them so
um
yeah I mean we still have to rely a
little bit on on people's honor why
don't we
as this is can you formulate an emotion
unless because I think you've placed
what what it is and I think that's what
councilmember Medina was saying okay
what will it take oh I'm sorry yes
City's Journey so mayor Medina just to
help move this along if if the issue is
this litigation component or
um administrative fine then it would we
could uh you could make a motion to
approve the ordinance
um with Section uh
2.33.100 deleted which is the the
section which provides for injunction
and other court actions
or through the mayor I just was quickly
going back and reading through that I
would be supportive of that
thank you in order to get to a
compromise
um thank you um and then there was
another item uh the uh customer sales to
strike the um the tracking
sentence
go ahead I'm sorry I'm okay with leaving
that in so um
yeah if if we can agree to drop the the
section that the City attorney just
referred to
um
I guess I would be supportive of of that
um that that to me was probably the
biggest concern do you want the
inflation 500 limit to go up
as with the with inflation so we don't
have to worry about it 20 years from now
okay
uh and so back to staff how difficult
would it be to Peg that to some index
that would make sense
wouldn't be difficult at all we have
fees annually that increase by inflation
and we would simply do that annually or
in in this case
um uh biannually when there's an
election and so I think the intent
increases
before the next election
okay well then I I will make a revised
motion then to uh
approve uh what's in front of us uh with
the exception of the section that the
City attorney referred to which would
impose those uh which would allow for
additional uh litigation against
candidates and also with the revision
that there would be a uh adjustment an
annual adjustment to the to the Limit
and one and and I know we'll let's see
if there's a second first I'll second
that and with that let's go to the City
attorney for clarification and make sure
we're on the same page yeah mayor Medina
I guess um when we get into a little
more Drafting and the CPI and things
like that
um perhaps it would be better to come
back with a new ordinance rather than
trying to do this drafting on the spot I
should have had you about 20 minutes ago
because what I'm also feeling and I've
learned long lessons is when you get to
the 11 o'clock hour and you have elected
bodies making decisions sometimes that
may not be the best time so to have
fresh eyes uh I I'm going to suggest and
recommend to colleagues that we do with
the city attorney recommended is that
all right yeah we have a first on the
second on the floor so we'd have to
rescind that
uh so and I'm willing to
I just want to make sure we're following
the rules right so uh City attorney is
that okay if they uh pull back and
withdraw the motion in the second and
then give you direction if there's
concurrence
absolutely fine city manager I just want
to clarify that direction so in the
section
2.33.030 that includes an Express
requirement to track Contra injunct
injunction and Court action section
2.33 point
and staff will come back at a subsequent
meeting that is that's how I understand
perfect thank you and is uh if there's
concurrence by council is that suffice
Alvarez I think at this hour that is
always safe
um we have passed 11. so with that
um we have still one item of conduct and
we have Council comments so action to
continue now since we've hit the 11
o'clock hour Mr Salazar through the
chair I will make a motion that we
extend for another hour
I was going to say midnight but okay for
one hour that's the motion is there a
second
my second second to
um extend for one hour roll call please
Hamilton
yes mayor Rico Medina yes
motion passes 5-0 We are continuing all
right with that let's move on to Item B
please
item 9B repo receive report and confirm
appointment of city council members to
serve as representatives and alternates
to San Mateo County agencies and other
Regional bodies
I will now share my screen thank you
and let me know if you can see that okay
oh
you're gonna enlarge it at all
it might I mean I have in front of me
but am I thinking for others
all right
is that okay
oh so then I need some minutes
hide it how do I hide
okay we are ready if you are yes city
clerk good evening mayor and council
members in January of every year we
appoint council members to serve as
representatives to various San Mateo
County agencies and other Regional
bodies The Matrix before you shows all
of the county and Regional agencies the
council serves on throughout the year
with the exception of the San Mateo
Mosquito Abatement District Robert Regal
was appointed by the city council to
serve on the San Mateo Mosquito
Abatement district and his term expires
in December of 2024.
in 2022 city manager Javon Grogan served
as representative on the coma Creek
flood control district
I'd like to point out that although some
of the bodies do not require alternates
we believe it would be potentially
beneficial to just go ahead and appoint
one to each body
and our recommendation here today is
that Council filled the open vacant
seats and confirm appointment of the
city council members to serve as
representatives and alternates to the
cemetery San Mateo County agencies and
other Regional bodies
okay with that um you see it on the
screen and I know with the lateness of
the hour
um so
um
I'm gonna maybe start it off then I'll
try to speed it up
um there are things uh and also by the
way Boscov for example vice mayor
Hamilton was already reappointed and
they do it in a different fashion and I
believe they do not uh require or allow
alternates to that case excuse me so
with that there's the airport Community
Roundtable
um uh there is an opening has desired to
have it asked if another colleague would
be willing to take that are there any
um suggestions or volunteers uh council
member Alvarez through Richard thank you
um Mr Mayor
um Airport Community Roundtable is a
very interesting and I think it will be
a very challenging committee but I will
step up and volunteer to be a primary
this is interesting because when I used
to work at the building counter we have
very limited information to give to the
residents regarding noise mitigation
with the airport that being said to be
the primary representative for this
committee
it would be a privilege for me to learn
more and to provide more information to
the community
well I appreciate that and I don't know
if I need to ask council member Medina
or Hamilton if you would disagree with
that statement or
it's a it's a little loud on that Round
Table
um it's a little frustrating honestly
that okay you're good but I'll stop it's
late so so congratulations
so uh but you know
I
know you're aware you probably have
heard things about it but for you to
come forward and I think all of us can
say thank you
um you know if maybe I'll just try to
speed this up so let's go down just to
the the primary for uh coma Creek the
reason I had that open is because we've
had the city manager do it it's four
times a year
um it's not it's a quarterly basis
um it's in South San Francisco we don't
need to have it now I check they don't
meet for a little bit we can bring that
back but that was my intent he's been
willing to do it because other city
managers do it but we want to be
valuable to his time the next one down
so we can come back the next time is
home for all what I'd like to ask is for
the primary to be uh council member
Alvarez the alternate to be council
member of Medina
for the heart I'd like to ask council
member Medina to be the primary I'd like
an alternate for um
council member Alvarez on the league of
California City's Peninsula division I'd
like the primary to be
vice mayor Hamilton there is not a
requirement to have an alternate though
others are welcome to attend if people
were already listed on there because
some of them serve an executive as an
example on YouTube councilmember
Medina's on PC but he's also on the
board and so I would not want to have I
think continuity is important and I
wouldn't want to jeopardize anybody who
has those those positions going to the
alternate positions and I do understand
that there may be desire others want as
an example in a bag or others we can
work on that
on the alternates I think I've expressed
on pce I'd like to have vice mayor
Hamilton on that I think I already
talked about heart and I think I've
already talked about home for all on the
other alternates it's not applicable on
the San Mateo County of cities that is a
proxy that goes to whoever is available
the mayor just says at this meeting
ex-person will go ahead and do it like I
said we didn't need one for the league
cities that's an n a and that leaves me
Creek which we'll come back to and then
Bosco which is not to my knowledge last
I was told was not permitted airport
Roundtable I think it's amongst us who
would want to be the alternate they meet
six times a year the
jpals which is the ambulance one that
meets quarterly
um and then the bay uh a bag those are
the ones that um I think that if there's
any volunteers we deal with tonight if
not they can be held because of the late
hour I just rambled a lot so I'll leave
it to anybody who wants to say something
or we can again
speak to next time
I'm sorry vice mayor
um you can put me down as the alternate
for the rounded for the airport
Roundtable happy to I'm happy to be um
council member Alvarez is back up on
that one vice mayor
thank you
uh councilman Medina
he's a glutton for punishment yes he is
uh it's just it's the alternate
that's right
um Mr Mayor if
um if
our city manager doesn't mind me taking
Colma Creek I'll I'll do that
okay thank you
I think it'd be interesting honestly
um yeah I was actually thinking about it
as well I can be I can be a council
members alternate on that one as well
thank you
um
no that one's oh the that's it for the
other buddies on a pointed by the city
and I have to look more into that
because
yeah so we're good on that
um I'm gonna say
um really the only thing is is for now
the a bag and the ALS and people can
just uh get to me
um unless there's anybody who wants to
do that now it's not a one only meets a
couple times another one meets four
times so I think we're fine
um but anyway we can always come back
but it's not required to have alternates
uh
yes I'm sorry I can volunteer for
alternate for the ABAC a bag or ALS o
make sure okay
we have a Mr salazaro secondary on ALS
and uh Alvarez on a bag
um I think we've just connected that did
I talk too quick City Clerk or well Mr
Mayor yeah yes I I wanted to offer um
council member Alvarez to to be the
primary if you'd like they don't meet
very often
just that um
I taking on a couple other things
and I'd be happy to be the alternate
just to kind of like switch that if I'm
sorry what committee is just to do the a
bag oh the a bag okay sure yeah it's a
good way to meet a lot of people all the
electives in the uh
across the counties okay yeah thank you
I think uh uh I'm sorry city clerk
because she's previously typing his word
moving the chat the checkerboard here
if we could please share the screen so
that everyone could review and make sure
that I captured everything correctly
that would be greatly appreciated
okay and let me let me know when you'd
like me to scroll
I'll scroll down a bit
does everybody think it it reflects what
we heard once you get home through the
mayor I think I I
um I should be listed on row 15 for
peninsula clean energy
yes and I'm the alternate on home for
all of that right you're correct okay
let me home for all
everybody's that look correct with those
modifications thank you for everybody's
eyes that are better than mine
good good okay with that as you now see
it before you uh is there um
a motion
well now with our new rules we need a
motion we didn't before so moved uh we
have a motion from uh councilman Medina
second in from vice mayor Hamilton
correct and uh
council member Alvarez yes council
member Marty Medina yes council member
Salazar yes vice mayor Hamilton
yes mayor Rico Medina yes
um okay okay
thank you everybody
and um may I say too if there's any
calendars from these bodies so let's go
through this my my understanding too and
you're right I I didn't ask if is there
any public comment
uh on this that's what you get when I
sit here yeah
but no hands were raised and there are
no hands raised now okay thank you
um but uh let's just to be clear then
the city clerk's office would go ahead
and notify the agencies of the
particular appointments so that they're
aware I would ask colleagues when you
get a calendar of dates if if and when
you do please give that to to the
clerk's office just so we can update the
SB calendar and that we all know what
we're doing and where we're going so
it's easier for staff to see that our
availability
is that okay all right I didn't ask the
city clerk before I said that
um okay let's move on to council uh
comments from comments from council
members and also there's not a committee
report uh under right now so if there
are any I would appreciate if you could
please put that
um under your comments when you're
called and uh that'll be
um put on the next one so with that we
will start with item a uh council member
Sandy Alvarez request to discuss
re-establishment of beautification task
force committee
council member Salazar if you can kindly
pass that along thank you
the beautification task force committee
was originally established by our former
council member Irene O'Connell it
supports and Advocates the public Arts
policy tree ordinances and other Council
policies that encourage the
beautification of the city the task
force also organizes several Citywide
events including operation Clean Sweep
held the first Saturday in May each year
and the beautification awards they also
serve in an advisory capacity to the
city council that said my request to
re-establish The View sorry the
beautification task force would be a
continuation of how the committee was
structured
the goals of the beautification task
force are to educate the community about
enhancing and protecting San Bruno's
environmental assets to promote the
quality of life in San Bruno by creating
supporting and participating in
activities and programs that improve the
physical and aesthetic environment of
our community
Advocate a high standard of community responsibility cleanliness
maintenance and attractiveness for our
developed and natural environment last to Mentor neighborhood
and city-wide cleanups
how we can achieve these goals
promote community activities like
city-wide cleanups Earth Day activities
beautification Awards and similar
programs community outreach to volunteer
and or participate in local activities
encourage community members to be
proactive on monitoring neighborhood
and last
thank you for your comments thank you
for the handout
and so what it has I'm sorry it was
asking for
um
the discussion for re-establishment of
the beautification task force committee
which I know there's a lot of when I say
a lot that's but it's wrong what I mean
by that is is it a standing committee is
it under the brown act those are things
that would need to be vetted right so
that we have it structured correctly but
with that I'll open up to my colleagues
councilman Medina yes I would be
appropriate to discuss that so I am in
support of this and the way it used to
exist but maybe if we could add some
additional structure to it uh we could
definitely fortify there is still one
reference to it in the municipal code so
uh it's a good thing we're bringing it
back so I am in support uh vice mayor
Hamilton any comment
I agree with both both comments that so
far and I'm I don't know if you have an
extra one or I can use mine I can hand
it over to staff that's okay so that
they have the basis in which to or thank
you councilmember Medina oh he and she
has an extra
um if that can be done so that and
presented and so we are looking for the
discussion with the handout that has now
been presented to staff for uh how they
can uh put that together
uh to bring it back with that caveat of
Staff involvement uh Brown act standing
committee those type of elements is that
fair city manager absolutely mayor we
still need to go through the appointment
of city council members to various
standing and ad hoc committees and so
when we discuss that item uh staff will
bring this item forward and I think uh
we can give some thoughts on how to more
formalize it and align it to our
structure but uh certainly we will do
that and support that process if so
directed which I'm assuming because
everybody there was no roll call one but
I I thought I heard General concurrence
to direct staff to bring this back at
um subsequently and we will aim to do
that when we appoint council members to
the various standing and adult
committees okay thank you
um with that um the way the new rules
work I mean even though the mayor just
real I'm sorry go ahead I'm sorry to
interrupt uh just if someone can send me
a copy of the handout that would be
great
since I can't grab it
physically
oh oh yes okay yes we'll do that it's
going to be done right now
vice mayor Hamilton I can email you a
copy Perfect all right I appreciate that
thank you thank you uh but I think under
the new policies and procedures uh
though you have a total Five-0
concurrence we have to have a vote an
emotion
so
um so moved
okay uh motion Medina seconded uh
Salazar roll call please
councilmember Alvarez
councilmember Marty Medina yes council
member Salazar yes vice mayor Hamilton
yes mayor Rico Medina yes
uh passes 5-0 and at this time
councilmember Alvarez is there anything
else under comments that you would like
to offer this evening you don't have to
but if there is this would be the
opportunity not at this point Thank you very much thank you for that
let's move on to Item B uh council
member Salazar request to discuss
revisions to existing cannabis
regulations including zoning number of
allowed businesses and the process for
awarding permits council member Salazar
thank you Mr Mayor I I actually did have
some things written out but given the
late hour and being that I don't want to
use up our hour extension I am going to
limit this to my request for support
from the council to ask staff to bring
back a revised ordinance or ordinances
if required that would modify our
current uh
our current zoning our current uh
limit on the number of dispensaries in
the city
and uh also the process by which permits
uh or licenses would be
assigned
um
so I I mean I could I could go into some
other details but as I said given the
delayed hour I really just want uh an
opportunity for this to come back
um my intent is to limit the number of
uh
of areas within the city where it's
permitted and to reduce the number of
licenses that are issued
um
yeah yes is there any questions or uh
questions from colleagues in regards to
council member salazarus
councilman sure
so
how does this affect what we're
it's totally going to revise it so I'm
looking over at the
um for our
staff to kind of chime in on
this
city manager sure and thank you
councilmember Medina and we were just
having a little side conversation here I
think we were we would need
clarification and specifics to bring
back a revised ordinance uh what I in
lieu of doing that I think what we can
do is agenda is a discussion amongst the
city council if so moved by the majority
of council here tonight and based on
that discussion
um I think Council should provide clear
Direction on revisions to the ordinance
and on regulations if uh if so desired
and then we would then draft those have
them reviewed of course by staff and our
City attorney and then schedule it at a
subsequent council meeting for adoption
um or first reading right and and given
that uh there is a process uh that's
already put in place and that I don't
want to run afoul of any anything that's happening I did want to expedite
and so I can provide specifics of what I
would be requesting if that would
facilitate bringing back an ordinance
that could then be discussed modified at
a meeting rather than having an open
discussion that would then lead to the
presentation of an ordinance that would
then have to come back for two readings
so very specifically I could tell you
that my intent is to remove downtown and
tan Fran from the uh the zoning that's approved currently and it is also
my intent to reduce the number of
businesses from the four down to two uh
where one of them would be required to
be a delivery service and one could be a
potential retail or they could both be
delivery services and
um
and I I would like I would I would limit
it to that
I see manager is that what you're
looking for
I think that if Council support here
tonight uh to bring that back and we
would uh look to schedule that
discussion with that revised ordinance
that I believe has to occur at a regular
meeting if there is a direction from the
city council to do that expeditiously we
would calendar that for the January 24th
meeting which is your next regular
meeting
and I do think that we would need to do
um notifications to very I I believe the
interested parties list
has an interested party list for our
cannabis regulations I think um it would
be an incumbent Upon Us inappropriate to
send a notification uh to all of those
individuals on that interested party
list and anyone that we know has pulled
an application or asked questions of uh
staff in in the intention to develop an
application and so we would provide
those uh notice notifications that this
would be discussed at the January does
and reduce the number of allowable
permits at the city could Grant to two
one being delivery and the other being
either delivery or retail or and or both
correct correct
I was just going to clarify that the
Apple commercial cannabis operator
permits application deadline has been
set for next Tuesday
so we would know by
before the 24th who had submitted
applications and we could also obviously
inform that group anyone who had submit
uh the permit and the information did
make it very clear that the city council
still reserves the right to award up to
four or less than four and so should you
make that change uh know that we we've
talked we believe sufficient notice was
provided that the city council has
discretion now on how many permits you
would issue
uh councilman Medina
yeah I'm a little concerned about the
detail that we're going this is this is
Council Commons and it should be we're
getting way too specific that it's not
agenda so I believe the way it's
supposed to work is you say that you're
going to have a discussion of the item
like councilman councilwoman Alvarez
just did but I think the specifics of
what you're trying to do in in a
non-agend diet the City attorney it's
this isn't an agendized topic and we're
getting into the specifics of the
changes
and I don't know if that I'm questioning
if the if that's appropriate so there's
a question on the process which has been
established already but uh City attorney
mayor Medina and council member Medina
the
um
the city council's not actually taking
action on these items what it's doing is
giving direction to staff to come back
with
an agendized item that you will consider
these changes to the
um to the Cannabis ordinance at that
point you will have the gender will
provide you're just discussing
um
you're discussing revisions and
directing staff to come back with uh
with proposed changes that you will
consider on a properly agendized meeting
sure but the revisions are pretty
detailed and
um I'm not going to support this
I think I think to have the study
session to talk about it but to to
manipulate it so that you can get it
changed for another meeting I think I
think that's beyond
the intent that
well I would only say that uh
in in uh in the past Council comments
were not agendized and we were
prohibited from having open discussion
and we would we were limited to
providing direction to staff to bring
something back but that changed that
changed when uh we decided that we would
agendize and basically spell out the
action that we intended to take and so
this this was agendized I think I was
very clear in uh the topics that I
intended to discuss and I I don't think
it's inappropriate but I I am hoping
that at least two of my colleagues will
support uh letting this move forward
city manager
thank thank you
mayor Medina just on this topic I do for
me feel that the threshold line is we
are not tonight discussing the merits of
the changes that council member Salazar
is asking to be discussed at a later
meeting
but Council and providing Clarity to
staff on what his proposal is for that
meeting to be
and should there be majority concurrents
I think staff would take that direction
and say we have had a council member
agenda is a topic that they would like
to have their colleagues discuss they
have clearly articulated what that topic
is
in a majority of council has provided
direction to staff to agendize that that
discussion and so we're not discussing
the merits we're clearly just getting I
think a clear understanding of what the
council member would like discussed
or we're working on now
whether it's storm related all the other
stuff that we're dealing with we're
going to tell staff stop that and do
this
no that's okay you can say yes what yeah
and what else want to make sure I
understand number of ordinances and the
resolutions that were put in place I'm
not asking that everything be redone I'm
not asking staff to do any additional
work I'm asking for very specific
changes to one or more ordinances if it
crosses over into two ordinances I was
very specific about what I requested
this shouldn't take a lot of Staff time
this is I I was very specific and it's
very detailed so if if that you if you
think that's going to derail other
um or we try to do that we give
direction from this body if there is a
majority on what to do which this once
this policy went into effect this
Council has done that whether it's
504132 to say this is now a priority we
want to bring this forward so but I I
see the the city manager go ahead
foreign
[Music]
I'm not reading the the language and
your policies and procedures but we were
very
um
clearing those discussions that if a
item is requested to be brought back
urgently immediately uh we staff asked
that it that the council essentially
make a determination that this is a very
important
item and we would like staff to
prioritize it respecting that the
manager or the City attorney has the
ability to say hey I don't think that we
can accomplish that or it will be
council member Salazar articulate
is because the applications are
um
processes open uh he feels that this is
a urgent thing that he is requesting his
support from his colleagues to direct
staff to agenda's soon
um
I do believe that because it's it's
amending ordinances that we've already
drafted that with clear direction we can
accomplish
caveat beam
if a major storm hits and we divert a
bunch of attention right I I reserve the
right to send counsel and email saying
you know I X Y and Z has happened I
don't think we'll be able to do that by
the 24th we will do that
um
at another meeting
I think with this item what also
um
we are talking a change to an ordinance
that will require two readings that will
um we need to sort of plan out all of
that
but if counsel is saying that this is a
important item that you would like
discuss soon
I do believe that we can agendize that
for the
um January 24th date now if
looking at the the schedule we we may
want to say
um we're going to push some of the
regular business sort of up earlier or
have a special meeting we still need to
do that but but so to discuss it now we certainly need to do notifications to
the interested party list
and provide those
um uh people that are currently actively
submitting uh permits with that notice
um and so we will expeditiously do that
frankly uh beginning tomorrow morning if
so directed by the by the city council
of
changing things around right that's my point
so
um I still think I'll just wait so thank
you for that explanation that
hopefully it doesn't storm too much and that it doesn't mean modifications
can't be made at that time is that
correct
mayor Medina
we would have an ordinance in front of
you we'd have the same limitations that
we would typically have with a nordics
which is very difficult to modify draft
an ordinance from the dice but
we could make changes
okay thank you as long as they were
saying um I just want to ask
councilmember Hamilton because I can't
see oh there you go now I can see but I
haven't been able to see it so I just I
had a note here I'm just calling I've
been waiting for the the this part of
the conversation to end I I would have I
would have through the mayor to my way
in
um so so my question would be that since
the since the
uh permit filing period is open with the
deadline of next week if permit applications are received for
potential
businesses that are in the in the areas
that are being proposed to be removed by
ordinance what happens then I mean we
would we
what happens then
so we've already got it we've already
got it submitted uh
um
permit application for an area that's
currently
that by our rules are currently is is
currently fine
we would then go back to them and say oh
sorry we're changing the rules
foreign
manager sir uh thank you uh council
member uh Hamilton uh certainly
there's the possibility that
um
we may receive an application by the due
date of next Tuesday for
um either downtown or
tanfran and the majority of the council
may decide uh to revise the ordinance to
exempt those areas
that would mean that we would need to
look at our process and likely
um I think we could obviously assume
that someone that applied downtown will
say hey I didn't have the opportunity to
look at other areas because I thought
that
um this area that I was applying for
would be allowed and so we would need to
consider that I don't want to sort of
proffer on the Fly what we would do but
I but I I hearing the council member
Salazar's request actually honestly for
the first time tonight
um I think we need to think that through
and how we would modify the process
what I would say and I I hesitate to say
this that
if it's supported by a majority of the
council to look at this maybe that is
one of the reasons why having this
conversation sooner rather than later
may be a good thing
because we have people
uh applying for a permit based on a set
of criteria that the city council
established
if the city council is thinking about
changing that criteria I don't know that
to be the case but if
um we should probably do that sooner
rather than later
and so
if a majority of the council supports
staff agendizing that and we would come
back and have that discussion and again
I think we would need to notify the
um interested party list or anyone that
has picked up an application or called
in with a question to say hey I I'm
looking at
um your application packet that you
submitted and so we would certainly do
that if directed
okay and and we do have a member of the
public so I had a question but I want to
uh please uh until as the hours late
we have one remote hand raise Courtney I will be bringing you in
Courtney you may begin whenever you're
ready
hi yes can you all hear me yes we can
hear you all right thank you so much so
um my name is Courtney Caron and I am a
cannabis attorney who has specialized in
um the merit-based application process
for the last several years and what I'm
hearing right now is is problematic to
me excuse me and also causing me a
little bit of stress because
individuals who apply for these
merit-based application processes spend
a great deal of time and money preparing
applications and part of of that process
that you've implemented is having a
property that is zoned correctly and
just the entitlement of of getting that properly zoned property
um you know can cost you know thousands
upon thousands of dollars during this
holding period of preparing the
application and so if the city is
actually considering the city council
members are actually considering
modifying the existing ordinance that
has been used to create this merit-based
process then frankly the merit-based
process needs to be paused so that
nobody is spending you know additional
funds to prepare an application and
submit it only to find out that the
property that they have located in the
application they have prepared is
actually no longer going to be valid
under an amended ordinance so
um I really don't think it would be
advantageous for the city to accept
applications on the 17th if the city
council does intend to review that
ordinance because it is extremely unfair
to all of the applicants who may fall in
one of those those zones with a property
that is is going to be amended and
further I think you're going to find
yourself in quite a bit of litigation if
you do accept applications and then
modify an ordinance that excludes people
and then give those people you know an
additional timeline to find a new
property
I believe you're going to have you know
some real real issues with that just
based off my experience with this
merit-based application process in
pretty much every city in the state of
California that has had a merit-based
application process so I would just
caution accepting applications if the
intent is actually to revise the
ordinance and would strongly urge that that the city manager's office put
a pause on this entire process until the
city council has made a determination as
to whether or not they're actually going
to amend the ordinance that might affect
those who have already prepared
applications
um since since the finish line is just
around the corner here thank you so much
for your time
thank you for staying on this late and
thank you for your comments
City management sure so what I think is
important is that we not
um
try to make every decision that we may
need to make tonight I think what we're
hearing is
um based on an agendas Council Comet a
member of the city council asking their
colleagues to provide direction to staff
to to schedule an item if a majority of
counsel accepts that staff will do fully
perform that Duty I think that there are
other decisions that need to be made
want us notifying everyone
um certainly the manager's office has
the ability to extend the deadline or
pause applications I think based on what
council directs we will certainly take
the appropriate action and and look into
looking to what is the appropriate next
steps but I don't think we need to
process through those right now I think
what is before us is a member of the
city council asking their colleagues to
agenda as an item I think we address
that and then we let staff process
through all the decisions that need to
be made to prepare for your policy
discussion
thank you city manager is there any
other questions or comments from
colleagues at this time
already opened the public uh vice mayor
just want to make sure
okay thank you
um with that is there again any action
council member Salazar
um
following our new processes I will make
a motion
to uh direct staff to bring back revised
Origins
motion uh Salazar seconded Alvarez we're
all called please oh I'm sorry pause question city manager can I just
ask the council member to restate the
changes in his motion that he's asking
staff to make so we have complete uh
clarity thank you I I will do that so uh
I will make a motion that uh we direct
staff to bring back revised ordinance uh
that those two businesses can be either
both delivery services
or one delivery service and one retail
the permitted zones
a second
on the question city manager is that
which no mayor Rico Medina yes
that action passes uh 3-2
anything else under uh Council comments
uh
just one comment I just wanted to uh
welcome our newest member to uh
thank you thank you vice mayor Hamilton
uh try going till three that's what I'm
doing
um
uh no I don't have any comments
thank you and do the lateness support
being here late and city manager I would
think please don't show up at eight in
the morning
um for the team so anyway with that we
will go ahead and adjourn the next
regular city council meeting that will
be scheduled on January the 24th 2023 at
7 pm here at the senior center meeting
adjourned
okay
[Music]
thank you
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