[0:11] foreign [2:40] good evening everyone [2:42] and first and foremost welcome to the [2:44] San Bruno city council meeting of the [2:46] regular meeting of January the 10th 2023 [2:48] and uh Happy New Year to everyone [2:51] and may I please have roll call [2:55] council member Alvarez [2:58] council member Marty [3:00] here council member Salazar [3:03] here vice mayor Hamilton [3:06] here mayor Rico Medina here [3:10] thank you very much all president [3:12] accounted for and now item number three [3:14] will be the Pledge of Allegiance I've [3:17] asked if the president of the Board of [3:18] Supervisors and our supervisor for San [3:22] Bruno Dave Pine could lead us in the [3:23] pledge this evening [3:26] foreign [3:46] thank you Mr Pine [3:48] at this time uh we will go on to item [3:52] four which is public comments for items [3:53] that are not on the agenda any member of [3:55] the public wishing to speak we'll have [3:57] up to three minutes the city clerk has your speaker card so thank you for [4:02] everyone doing that so those that are [4:05] present in the audience will be asked to [4:07] speak first and if there are any that [4:09] are via Zoom we will take those at that [4:11] time so with that city clerk if you [4:13] could call the names we have an [4:15] in-person speaker Chris Borges [4:22] foreign [4:34] just hold on I just want to make sure [4:36] your mic is live so we're just going to [4:38] check that real quick hold on [4:41] good thank you all right sorry for the [4:43] interruption so you go up uh Crystal [4:45] Springs Road on the right side there's a [4:48] white safety line that goes all the way [4:49] up it's completely faded and when you [4:52] come down on the right side faded [4:55] 25 mile per hour Zone people are flying [4:58] coming down about 50 53. [5:01] the middle of the two lanes that are [5:04] striped those are worn out [5:06] then you go down [5:08] um [5:09] what is it a Sanborn Avenue in Princeton [5:12] so people are a little bit nervous [5:13] coming over from Princeton Sanborn [5:16] Avenue make a left on Princeton they're [5:17] coming down they're really just flying [5:20] coming down Sanborn Avenue unsafe [5:23] and then a couple different issues [5:25] there's a tree in front of Walgreens on [5:27] San Mateo Avenue that has not been [5:29] rectified over two years we've been [5:31] talking about it I trust it [5:33] it's dark it's depleted people are [5:36] walking down [5:38] on the sidewalk coming out and it's [5:39] pitch black so it's unsafe for kids [5:41] adults seniors coming out of there [5:44] they say it's Walgreens tree it's on the sidewalk it's outside the [5:49] perimeter of Walgreens [5:51] has not been taken care of [5:54] the garbage throughout San Bruno is [5:56] getting [5:57] really bad you know if if you got the [6:00] city of Sierra Moreno [6:01] and you got City Hall is clean we should [6:04] try to keep the rest of the San Bruno [6:06] also clean just like the city hall [6:10] you have a San Bruno fire department [6:12] that's the oldest Fire Department in San [6:14] Mateo County [6:16] we got some big issues ahead of us to [6:18] make some good decisions to move forward [6:21] and uh you know school zones I think the [6:24] patrol needs to be you know maybe out [6:26] there a little bit more for the kids in [6:27] the morning [6:29] and uh when schools let out [6:31] when you're seen it's a big difference [6:33] when you're seen and you're out there [6:35] and the safety of a kid is a huge [6:38] difference [6:39] more on the back side on crestmore Drive [6:42] near John Muir [6:44] you have a crosswalk coming out of the [6:46] school [6:48] so the Red Zone when they sprayed it [6:51] it's really short so when you're coming [6:53] down crestmore kids are coming out [6:56] there's a blind spot because the car is [6:57] parked too close to the crosswalk [7:00] if you open up the crosswalk I mean the [7:02] Red Zone and spray it a little bit [7:04] further up you won't have a blind spot [7:06] for the kid to come through or a child [7:08] or a senior or anybody a pedestrian to [7:11] come through that crosswalk to be seen [7:14] so a little bit of a [7:16] follow-up it's tough for people to come [7:19] to the meetings but a lot of people are [7:21] talking about this a lot of things in [7:23] the city of San Bruno [7:25] and it's hard for people to call and [7:28] follow up and do the due diligence of [7:30] what the city is supposed to be doing [7:32] for the people the taxpayers of San [7:33] Bruno [7:35] each department should be communicating [7:37] with others they should be talking to [7:39] the city manager they should be talking [7:41] to you guys and you know bring it back [7:43] to what it used to be like when Mr [7:44] Marshall was here open door policy let's [7:47] take care of business let's move forward [7:51] that's it thank you Mr boges thank you [7:55] I'm receiving information that maybe the [7:57] sound is not functioning on uh [8:01] city net service so if anybody could [8:03] just check that real quick please next [8:05] speaker please [8:08] we have one remote hand up Tim [8:12] there are no other speakers within the [8:14] audience that we should speak on public [8:15] comments okay please [8:18] Tim I will now be bringing you in [8:21] Tim whenever you're ready you may begin [8:25] ahai actually it's Raina good evening [8:28] everyone thank you so much for the [8:30] opportunity to speak tonight and I want [8:33] to bring [8:34] um [8:35] a couple of issues well the same issue [8:38] is one is the safety of Huntington and [8:42] Florida [8:43] there's not a stop sign there so it's a [8:46] blind spot to turn left on Flora to on [8:51] to [8:52] um Huntington going north going north of [8:56] course uh also Florida Park you know [8:59] Florida and Taylor is basically [9:03] um [9:04] it's not safe we need at least The [9:08] Pedestrian right away [9:10] okay it is about time I see uh that it's [9:14] going to be a dress about how finishing [9:16] Florida Park we don't need okay the [9:19] Florida Park is fine I just I I think [9:21] the families in the neighborhood don't [9:24] have the time to be calling and [9:26] following up but safety in the park [9:28] close by it's important because the the [9:33] uh I work every day and I I I'm not the [9:36] only one who basically Femme for [9:38] ourselves when the cards just run like [9:42] 40 miles an hour [9:44] okay so we need pedestrian right away [9:47] Taylor everywhere surrounding Florida [9:49] Park so [9:52] um I don't know what else uh to say but [9:55] please focus on that that is so [9:57] important [9:59] and thank you so much for allowing me to [10:01] speak [10:02] thank you for your comments rain [10:08] I do not have any other speaker [10:10] oh the remote hands are raised thank you [10:12] very much thank you for your comments [10:14] we'll move on to item five which is [10:17] announcements and presentations uh first [10:19] we'll start with item a staff update on [10:22] the city's response to the late 2022 and [10:24] the early obviously we all know this [10:26] 2023 [10:28] winter storms [10:29] that was not uh sound effects that was [10:32] done [10:34] and that is what we just heard but with [10:37] that I'd like to turn it over to our [10:38] city manager uh which um I don't know if [10:41] it's a good sign or not for that for [10:42] intro from outside [10:45] that was very fitting introduction thank [10:49] you mayor Devon Grogan city manager to [10:52] the mayor members of council members of [10:54] the public both here and at home my name [10:57] is Javon Grogan and I'm the city manager [10:59] and I have the pleasure of providing a [11:02] brief update on the storm that we just [11:06] hear we have an another mini storm front [11:09] approaching [11:10] uh this will be a very brief [11:12] conversation uh up on the screen you [11:15] have the uh also Matthew Lee our Public [11:18] Works director uh he is here uh but I [11:21] have uh agreed to run uh the council in [11:25] the community through this brief [11:26] presentation uh we'll provide a quick [11:28] overview of our storm preparation uh [11:31] we'll talk about the city's response our [11:33] activation of the what we call the EOC [11:35] our Emergency Operations Center we'll [11:38] talk a little bit about the public [11:39] messaging as well as a picture is worth [11:42] a thousand words so we'll probably have [11:44] about 15 000 words in this presentation [11:47] via pictures and then talk about next [11:50] steps and certainly take any questions [11:52] from the city council [11:54] so just a general note uh every time [11:57] there's a storm we do preparation [11:59] leading up to this storm we cleaned [12:02] trash in the community and removed [12:04] debris we cleaned what's called catch [12:06] basins uh the grapes and also our trash [12:10] capture devices at our storm inlets [12:13] across the city we know that those [12:15] routinely accumulate with trash and we [12:17] try and clean those out ahead of a storm [12:19] we also ordered a number of supplies we [12:21] monitor the weather the county activated [12:24] their Emergency Operations Center and so [12:26] know that your staff here at the city of [12:28] San Bruno was a part of all of those [12:30] calls and we ensured that we had the [12:33] appropriate personnel on on scene [12:37] so as We Know [12:40] from all the news reports these were [12:42] record storms uh the San Francisco [12:44] region experienced a total storm surge [12:47] uh greater than the amount of rainfall [12:50] that has fallen [12:51] in a five-day period in the last hundred [12:55] years second in the last hundred years [12:57] and so we here at the city of San Bruno [13:00] activated our Emergency Operations [13:02] Center the city's Municipal Code gives [13:04] the city manager the power to sign an [13:06] immediate Proclamation and so I took [13:09] that action and we immediately activated [13:11] our Emergency Operations Center to [13:13] monitor the storm the picture that is on [13:16] the screen is a picture of your San [13:18] Bruno ELC and our team [13:21] monitoring and actually responding to [13:23] incidents we also set up something that [13:26] thankfully we did not have to activate [13:28] which is a tep a temporary evacuation [13:30] Center that was going to be here at the [13:33] senior center it's a location that we [13:35] have that has a generator and could be a [13:37] warming place and a evacuation Center if [13:40] we if we need needed and we were fully [13:43] prepared and even tonight we have left [13:46] our emergency trailer out there uh [13:48] filled filled with the necessary [13:50] supplies should we need to activate [13:53] so uh sandbags as we all know sandbags [13:57] were in short supply not just in the [13:58] county but across the bay area [14:01] thankfully due to the work of our public [14:03] works department we ordered pre-filled [14:07] sandbags but like most cities we quickly [14:09] ran out I'm happy to announce that here [14:12] in the city of San Bruno we did not have [14:13] a shortage however like many other [14:16] communities experienced we had about one [14:18] day where we had a low on short on on [14:21] sandbags and then about three o'clock we [14:24] were able to utilize one of our vendors [14:26] Jericho Project that is helping us with [14:28] our fire mitigation and within a phone [14:31] call had about 20 people here in a [14:34] matter of 30 minutes filling sandbags [14:36] for this community and so those pictures [14:38] there are indicative of what occurred [14:41] over several days of the storm surge we [14:44] had residents coming in very orderly [14:47] picking up sandbags and we continue to [14:50] have necessary sandbags for both the [14:52] community and protect public [14:54] infrastructure so I just want to [14:56] congratulate both the public works [14:57] department and Jericho Project and thank [14:59] you thank them for the work that they [15:01] did [15:02] as the community and the council knows [15:04] we certainly pushed out a number of [15:06] communication on frankly every medium [15:08] that we have available just want to take [15:10] a moment and we'll do it a little bit [15:12] later remind the community that SMC [15:15] alert San Mateo County alert we really [15:18] need you to register for that that is [15:19] how we will notify you in an emergency [15:22] sort of doing a reverse 9-1-1 where we [15:26] dial every phone possible that's not a [15:29] opt-in SMC alert is a opt-in system and [15:32] we really need every member of the [15:33] community to opt into that system [15:35] because we can actually triangulate by [15:37] neighborhood and buy the information [15:39] that you put in when you register for [15:42] that system and so I won't go through [15:44] all of the announcements but just thank [15:47] you thank you to our Communications team [15:48] in the EOC that pushed out all of the [15:52] various alerts to the community [15:54] I hear the thunderstorms continuing to [15:57] roll as we talk we set up a number of [15:59] dedicated [16:01] contact cell phone numbers we don't want [16:04] everyone calling the non-emergency 9-1-1 [16:08] number for everything and so there are [16:10] phones phone numbers to call if you see [16:13] a flooded intersection if you need help [16:16] with Logistics housing and so all of [16:19] that information was pushed out on our [16:21] website and is available to the [16:23] community but in the event of emergency [16:25] always call 9-1-1 and when in doubt call [16:28] our non our non-emergency number [16:31] also important to note in just a minute [16:33] when I take my seat we will have one [16:36] Shoreline provide a presentation on [16:39] their work with regard to the seventh [16:42] and walnut area and other work to [16:44] develop a long-term fix for some of the [16:47] flooding that has occurred in our [16:48] community just an important note that we [16:51] worked with one Shoreline and thanks to [16:53] some infrastructure that they've [16:55] recently installed we were able to push [16:57] out a proactive message to alert the [16:59] community that we did expect flooding in [17:02] that area and continue to issue alerts [17:05] specific to that area [17:08] overall our preliminary damage [17:10] assessment has approximately well at the [17:13] time we printed this 14 but now there's [17:15] a list of 16 areas where we've had [17:18] various mudslides sinkholes we had a [17:22] street light outage of in a portion of [17:25] our community near Whitman Way and [17:27] Princeton after and during the storm as [17:31] well as [17:33] manhole depressions and so the council [17:37] should know that as a part of the [17:38] emergency declaration process we do have [17:41] a 72-hour time frame to get in a [17:43] preliminary damage assessment we have [17:45] completed that both for the storm that [17:47] hit on New Year's Eve and this storm [17:50] that occurred just a few days ago and so [17:53] know that those preliminary damage [17:55] assessments have been done however a few [17:58] of the [18:00] um [18:00] impacts from the storm uh will be long [18:04] term and we will need to identify a [18:07] permanent fix for them and we'll go [18:08] through a few pictures right now and [18:11] certainly there was localized Flooding [18:13] at areas in San Bruno that are common uh [18:16] and and prone to flooding I think we all [18:18] in the community know that San Bruno has [18:21] a deficient storm water system we have a [18:24] storm water system that we know is over [18:26] 100 years old and the city did a study [18:28] in 2017 and there was more than 50 [18:31] million dollars of known improvements uh [18:33] and and we will are and will continue to [18:36] work on providing more funding for our [18:37] storm water system uh certainly this [18:40] flood surge was record levels of water [18:43] but as we'll see in some of these next [18:45] pictures some of the more concerning [18:48] issues are are the landslides and so [18:51] we've had a number of locations where [18:52] there's been landslides and we've had [18:54] our geotechnical Engineers out to assess [18:57] these areas sometimes they're behind [19:00] homes other times they're on areas that [19:02] you can visibly see for example driving [19:04] San Bruno Avenue but but know that your [19:07] staff has not only taken temporary [19:10] measures to visqueen or put plastic to [19:13] cover a number of the slides but we've [19:15] also had geotechnical Engineers out and [19:18] I hiked many of these areas yesterday [19:20] with our staff [19:22] but of most concern or let me talk about [19:25] trees as we know high winds that we [19:27] continue to experience we had a number [19:29] of tree failures many people in the [19:32] community did not experience closed [19:34] roads and that's really because of the [19:37] wonderful work of our Public Works staff [19:39] and our fire department that were out [19:41] there immediately as a tree fell and [19:44] removed it from the roadway but we had [19:45] trees that fell all throughout the [19:48] community due to the high wind taking [19:50] out power power lines but a most concern [19:54] are two sinkholes one in the [19:58] uh Northern parking lot of Church of the [20:01] Highlands that is actually a city storm [20:03] drain that's the picture in the middle [20:05] that is a temporary fix that our [20:07] consultant uh or one of our emergency [20:10] contractors was able to put in place [20:12] it's a 54 and storm dream Culvert that [20:15] collapsed and created a sinkhole there [20:19] has been a temporary fix and there's [20:20] currently three metal grates covering [20:22] that fix but we do expect this to be a [20:24] very large and likely very expensive fix [20:27] and if you go there now you can hear the [20:30] water gushing we cannot fix it in the [20:32] middle of the storm season but we do [20:35] believe that this temporary fix will hold but there is a large section [20:39] of the pipe that is depressed and has [20:41] created a sinkhole and so that area is [20:43] currently off limits in addition near [20:45] city park at Cypress and Crystal Springs [20:47] there was a sinkhole that developed [20:49] under the sidewalk uh happy to announce [20:52] that that a permanent fix has already [20:54] been installed for that our contractor [20:57] worked throughout the night until five [20:59] o'clock in the morning one day just to [21:01] fix that when we had a break in between [21:03] the storms we have not yet repaired the [21:05] concrete of course due to the due to the [21:07] Rain [21:08] next steps we will we are in the early [21:11] phase as I mentioned of our assessment [21:13] process we will continue to prepare for [21:15] these storms that are coming thankfully [21:18] they appear to be less in severity than [21:20] what we've experienced we will complete [21:22] our damage assessments provide that [21:24] information to the council and later on [21:27] your agenda tonight is the ratification [21:29] to continue the emergency the existence [21:32] of the local emergency and we anticipate [21:35] continuing with that local emergency [21:38] and asking the council to Sunset that [21:41] emergency at the next council meeting we [21:44] still would like to con continue with [21:46] the activation of our ELC as we continue [21:49] to assess and then experience continued [21:53] precipitation make sure that we're able [21:55] to respond and respond appropriately [21:56] thank you happy to take any questions [22:02] thank you very much before I asked my [22:04] colleagues for any questions I do want [22:06] to thank the county [22:08] for their efforts [22:10] opening up the Event Center getting Red [22:12] Cross there established but also just [22:15] the county and the Dem having the calls [22:18] to the emergency services Council in [22:20] addition to staff so what I want to say [22:21] is some of these calls are at 9am 1 30 [22:24] p.m 4 P.M uh and I was on those and was [22:28] even at a celebration of life Sunday and [22:31] there are staff is on it as I am and so [22:34] I want to thank the staff because I was [22:37] always assured San Bruno was well [22:39] represented and was there taking care of [22:41] things and I appreciate that and that's [22:44] where everybody from the county is [22:46] telling each other what their status is [22:48] what what what's happening and so it's [22:50] again the county having a collective [22:52] effort and this was a great mechanism [22:54] that was learned from from covid [22:56] and I want to thank staff because we [22:59] know from our uh public works department [23:03] Community Services Department police [23:05] fire it's a lot and a lot came on New [23:10] Year's Eve and and into the new year [23:13] and I know for the whole County staff I [23:16] know I had a meeting on uh [23:19] ALS jpa and here we were at 10 A.M in [23:21] Brisbane manager who runs that was [23:24] saying the whole town is out the whole [23:26] city is out uh Burlingame was operating [23:29] on a generator at the city hall so it's [23:31] really been daunting for folks so really [23:33] kudos to everybody in the county and [23:35] kudos to the city of San Bruno who I [23:38] felt very [23:40] comfortable and rested well somewhat but [23:45] knowing that things were being [23:46] represented present and knew they had [23:49] things in hand so I'd like the city [23:52] manager [23:53] Mr Lee to the Chiefs to please pass it [23:56] on to [23:57] um and see uh [23:59] the director [24:00] but anyway everybody can please pass it [24:03] on uh with that questions from [24:05] colleagues [24:07] if not uh right now uh through the vice [24:11] mayor uh Hamilton [24:13] yeah not a question just to comment and [24:15] I won't uh Echo everything that you that [24:17] you just said um although we all feel [24:20] the same way [24:21] um uh regarding the performance of our [24:23] staff [24:24] um police fire Community Services [24:26] sitting at public works all the all the teams working so hard [24:31] um uh for us through this I just wanted [24:34] to take a second to reiterate [24:37] um what the city manager said in the [24:39] presentation regarding the importance of [24:41] um of everyone to to download and [24:44] participate in the SMC alert [24:47] um system it really is quick and easy to [24:51] sign up [24:52] um and it's not a it's not one of those [24:54] things where you sign up and then you [24:55] regret it because you get a bunch of you [24:57] know you get a bunch of things that [24:58] aren't um that aren't uh important the [25:01] stuff that comes out when you get the [25:03] when or you know road closures and and [25:06] you know things that are things that you [25:09] need to know things that are important [25:11] and it's really a it's really worth it [25:14] and I highly highly recommend that [25:17] everyone download it [25:19] smclert.org thank you no other questions from [25:23] colleagues and is there any members of [25:25] the public that wish to comment or ask [25:27] questions on the section [25:34] we have one hand raised Robert Regal I will not be bringing you [25:39] in [25:45] I just had one question did the city [25:47] experience any ssos during the [25:51] end of the year first of the year [26:02] I'm sorry [26:03] to the mayor would you like me to take [26:06] that um members of the public may not uh [26:09] have heard but he I think the caller [26:11] said SSO sanitary sewer overflows uh yes [26:15] we did we experienced two sanitary sewer [26:19] overflows oftentimes when you have [26:21] localized flooding uh the sewer pipe [26:24] will fill up with storm water and then [26:28] bubble up at some of the clean outs and [26:30] manholes and that's why the health [26:32] officer in San Mateo County and we [26:34] always say don't walk in flood waters [26:36] they can be contaminated with bacteria [26:38] so we did report to sanitary sewer [26:41] overflows of one of just over 5 000 [26:45] gallons and one of if memory serves me [26:48] around two or four hundred gallons but [26:51] we we will confirm that but certainly [26:54] anytime you have localized flooding [26:56] especially in a neighborhood where [26:58] there's residential sewer pipes you [27:01] oftentimes have sanitary sewer overflows [27:05] thank you very much no other comments [27:07] then I would ask maybe manager if you [27:10] don't go far [27:11] um because we'll go on to the next item B on Shoreline presentation on the [27:17] tide cloud gate reinplacement project [27:20] and if you could do the intro and sure [27:22] uh I would like to introduce the [27:25] executive director of Juan Shoreline uh [27:28] Lynn matherman who will provide our [27:30] presentation he is also here with [27:33] supervisor Dave fine and I think we will [27:35] have a supervisor Pine first [27:38] thank you city manager [27:41] president uh supervisor fine well good [27:44] evening council members and staff I'm [27:46] happy to be here tonight in my capacity [27:49] as the chair of one Shoreline which is [27:52] the San Mateo County flood and sea level [27:54] rise resiliency District I'm really [27:56] pleased to have the opportunity to talk [27:58] about one Shoreline and how we're [27:59] working in San Bruno to address flooding [28:03] concerns so one Shoreline was [28:06] established in 2020 with really three [28:08] objectives one was to approach these [28:11] problems in a multi-jurisdictional way [28:14] um second was the really to build staff [28:16] expertise and third was to be able to [28:19] compete effectively for [28:21] funding to to attack these problems and [28:24] we've made good Headway on those on [28:25] those goals we recently completed a [28:28] project in Redwood City called The Bay [28:30] Front Canal which had really languished [28:32] for many many decades because it's hard [28:34] for the cities to come together [28:36] in terms of expertise we have a small [28:38] and mighty staff it's only four people [28:39] but they wake up every day thinking [28:41] about flooding and a small team can go a [28:43] long way and we've had some success in [28:46] procuring funds we recently received [28:48] eight million dollars to work on a [28:49] project in Burlingame Millbrae but [28:52] tonight's discussion is of course [28:54] focused on on San Bruno so when matter [28:57] men will give the presentation talk a [28:59] little bit about one Shoreline but then [29:02] spend time on some of the immediate [29:04] actions that we've we've taken here to [29:07] try to alleviate flooding in the in the [29:09] Bel Air neighborhood we're concerning [29:11] the tide Gates and the pump stations and [29:13] then turn our attention to you know what [29:15] are the longer term solutions for [29:17] flooding in Bel Air where we're [29:19] recognizant of the fact that the Bel Air [29:21] neighborhood is in a FEMA flood zone and [29:23] that's very difficult for the residents [29:25] to have to pay those extra charges [29:28] so with that let me introduce so Ann [29:30] matterman the CEO of one Shoreline [29:40] good evening thank you for being here [29:42] yeah it's good to see you again Mr Mayor [29:44] and uh good to see you council members [29:47] thank you chair Pine for kicking us off [29:50] uh I wanted to also thank the city [29:53] representative from this part of the [29:55] county we have seven board members five [29:58] of which are from cities and the city [30:00] representative from the North Bay Side [30:02] is Donna Coulson from Burlingame and so [30:05] she also represents the interests of [30:07] this area and she's a contact for for [30:09] you as well as supervisor Pine also [30:13] wanted to acknowledge and thank McKenna [30:15] Wong who's sitting two rows behind Dave [30:17] Pine she's our project manager that [30:19] focuses in on San Bruno and has worked [30:21] extensively with City staff on what [30:24] we're about to talk about today [30:26] and and then finally acknowledge the [30:30] substantial efforts of Matt Lee and [30:33] Dennis Bosch here at the city who are [30:35] partners with us as well as city manager [30:37] Rogan and his staff [30:39] who we've been working with quite a bit [30:42] lately so I'll Advance this slide there [30:45] we go okay so that's the introductory [30:47] slide [30:49] and [30:52] so if I just I'm trying to press to [30:55] advance [31:02] um [31:03] this is [31:04] okay all right great so the pictures [31:09] that you see above the three on the left [31:11] are from San Bruno in 2021 people [31:14] remember that on October of that year [31:16] there was a very substantial event that [31:19] resulted in flooding to the Bel Air [31:20] neighborhood the picture at the right is [31:22] from the Pacific coast side and at one [31:26] Shoreline we are thinking about the [31:28] whole County including what's on the bay [31:30] side and the coast side in terms of the [31:33] water related impacts of climate change [31:37] oh there we go so the county had a [31:42] long-standing flood control district but [31:45] it only covered a small percentage of [31:47] the actual area in the county in terms [31:50] of generating Revenue to work on these [31:52] issues and actually projects in those [31:54] areas and on the Bayside it was a very [31:57] small percentage as well in the range of [32:00] about 10 percent and there was no [32:01] activity on the coast side given the uh [32:05] the substantial and in some ways unique [32:09] vulnerability of San Mateo County to [32:11] climate change and the water related [32:14] impacts it was felt that this Flood [32:16] Control District was inadequate to [32:19] address the issue and so in in 2019 [32:24] there was State legislation [32:26] signed by the governor Newsom and it [32:29] established the San Mateo County flood [32:31] and sea level rise resiliency District [32:32] also known as one Shoreline as of [32:35] January 1 of 2020 and and we work on the [32:38] multiple issues associated with water [32:40] and climate including flooding and sea [32:43] level rise Coastal erosion as I [32:45] mentioned Regional storm water efforts [32:48] water retention and as part of the we we [32:52] look at Recreation opportunities for [32:54] recreational enhancement and [32:55] environmental enhancement we take a [32:58] holistic approach to to the threats [33:01] looking at all these different threats [33:03] and not just kind of a traditional flood [33:04] control approach holistic of you to [33:07] geography as supervisor Pine mentioned [33:11] we work multi-jurisdictionally and [33:14] throughout the county because of course [33:16] this issue of of climate does not in any [33:20] way respect jurisdictional boundaries [33:22] and no City can do it alone and then we [33:25] take a holistic view of objectives [33:28] we think about how to incorporate not [33:31] just governmental work but also with our [33:34] partners in the private sector and [33:35] community-based organization is bring [33:37] them into the fold and a holistic view [33:39] of the disciplines where climate is not [33:42] just a water issue or a wildfire issue [33:44] it's also a housing issue or a land use [33:46] issue or a transportation issue or a [33:48] utilities issue all of these things are [33:51] affected now and will be affected more [33:52] so in the future by the effects of [33:55] climate change [33:57] in terms of our activities this is our [34:01] last slide on one Shoreline but it [34:03] summarizes what we've been up to in 2020 [34:06] 2021 and 2022 setting up the new agency [34:09] as supervisor Prime mentioned we [34:12] completed a 10 million dollar [34:13] construction project down along the Bay [34:16] Side of Redwood City and Menlo Park [34:19] we've developed new multiple [34:21] jurisdiction jurisdictional projects [34:23] including the one that was mentioned in [34:25] Berlin Cayman Millbrae we've developed [34:28] the first of its kind in the Bay Area [34:30] zoning ordinance to address future [34:32] climate conditions for the city of [34:34] Burlingame and we're working with other [34:35] cities on their various General planned [34:38] documents specific plans and zoning [34:42] ordinances we would be very happy to [34:45] work with San Bruno on those types of [34:46] documents and and we've raised funds [34:51] we've spent about three and a half [34:53] million dollars just under that and [34:54] we've brought in almost 20 million [34:56] dollars so far so I think it's a good [34:58] return on investment to this point [35:02] um [35:02] if we look at the bay side and we look [35:04] where work is being done to address the County's unique vulnerability to sea [35:10] level rise in California there are areas [35:13] of the county that have work that is in [35:16] planning design or construction and [35:18] those are the areas in green of our 53 [35:20] miles of County Shoreline there are also [35:22] substantial areas in red that don't yet [35:24] have those types of activities underway [35:26] in any coordinated way and those are the [35:29] areas in red and so we have a bay [35:31] program at one Shoreline to align and [35:34] connect all of the shoreline on the bay [35:37] side of this County [35:40] um we we work over the next 18 months [35:42] we're going to be doing a lot of work on [35:44] those planning documents [35:46] um because that's I think going to be [35:48] our Legacy is what are these communities [35:49] look like so that we don't have to [35:51] retrofit them in the future for things [35:53] that we know are coming like The New [35:55] Normal over every winter of drought and [35:58] Atmospheric River if anybody thinks that [36:00] this is a once in a lifetime event [36:04] um I would submit that they're probably [36:06] mistaken is that what we saw in 2021 [36:08] what we've seen now in 2022 is what [36:11] we're going to see more or less in [36:13] Winters to come and we need to be [36:15] thinking now about that in terms of how [36:17] and where we develop and what what that [36:19] looks like are we are we positioning [36:21] ourselves to be able to become resilient [36:24] to these types of events also [36:26] multi-jurisdictional projects it's not [36:28] just Burlingame and Millbrae what we're [36:30] doing on San Bruno Creek is also a [36:32] multi-jurisdictional project as I'll [36:33] mention and these other items [36:36] okay so um so looking at San Bruno Creek [36:40] as was mentioned uh there was a [36:43] long-standing flood control district [36:45] that had flood zones in 2020 when when [36:48] Shoreline was established We inherited a [36:51] decades-old flood zone uh four of them [36:54] actually and the two that you see here [36:55] for Coloma Creek Watershed and the San [36:57] Bruno Creek is a flood zone the San [37:00] Bruno Creek flood zone collects property [37:02] taxes from residents within the city as [37:04] well as a small sliver of the Coloma [37:06] Creek Watershed specific to the San [37:08] Bruno Creek flood zone it generates [37:10] about 350 thousand dollars annually this [37:13] year we've been very active working with [37:15] the city and the county on on Creek [37:17] related issues that I'll describe we'll [37:19] be spending about eight hundred thousand [37:21] dollars this year and at the end of this [37:23] fiscal year we anticipate having a [37:25] reserve of about 2.3 million dollars on [37:29] the right now you can see coming up the [37:33] current FEMA flood map for the city of [37:36] San Bruno [37:37] um and the area in that's circled in [37:40] pink let's say is the area of San Bruno [37:43] that's within the FEMA flood map in in [37:45] those in that area of the city uh if if [37:48] a property owner has a federally backed [37:50] mortgage then they're required to [37:51] purchase flood insurance [37:53] um and this was a big topic of [37:54] discussion uh in 2017 2018 [37:58] and the maps became the FEMA Maps became [38:01] effective in 2019 there are multiple [38:03] reasons that the Bel Air area of the [38:07] neighborhood an area of San Bruno is [38:09] within the FEMA flood map those are five [38:12] reasons that are listed there that [38:13] includes uh according to the modeled [38:16] reasons water coming from navigable [38:19] Slough down Shaw Road from South San [38:21] Francisco water I'm kind of going in a [38:23] circular way clockwise water coming up [38:27] the creek in San Bruno Creek the [38:29] backflow effects from a tight gate water [38:32] just coming from San Francisco Airport [38:34] into the city of San Bruno and South of [38:37] the airport there's a high line Canal [38:39] which is quite far from that area but [38:41] according to the models water that comes [38:43] up Highline Canal which separates [38:45] Millbrae and SFO would make its way into [38:48] San Bruno and then finally the Cupid's [38:50] row Canal whether there's enough [38:52] capacity there so we have to work on all [38:54] five issues if we want to get people out [38:56] of this FEMA flood map [39:00] taking a little closer view at the Bel [39:03] Air neighborhood it's located along [39:06] Highway 101 and Highway 380 and about [39:10] the first The Last Mile sorry of the [39:12] creek as it drains into the bay and in [39:15] that stretch it's very complex [39:16] jurisdictionally and technically where [39:20] you have the city of course the city of [39:21] San Bruno jurisdiction you have also [39:24] County unincorporated area San Francisco [39:26] International Airport ownership of land [39:29] Caltrans [39:31] right-of-way underneath 380 and Highway [39:34] 101 and then as it drains to the Bay the [39:37] city of South San Francisco [39:38] is is the jurisdiction of that area and [39:42] we own the tide gate at one Shoreline [39:45] and we also have land rights where it [39:47] says the Walnut Pump Station [39:50] that that section North of San Bruno [39:53] Avenue [39:55] um as we as we look at uh as the work [39:59] um that there's been a lot of work uh [40:01] over the last 10 years a lot of [40:03] attention paid to this area here are [40:05] seven different Studies by different [40:07] agencies that have looked at this issue [40:10] and our job at one Shoreline as kind of [40:13] a regional body as I said that thinks [40:16] holistically is to pull together these [40:18] studies in a cogent way that makes sense [40:21] where we have one solution one big [40:23] solution that takes into account the the [40:26] data that has been gathered by multiple [40:28] agencies because this is a system in all [40:31] aspects of the system uh relate to one [40:33] another so that's what we're trying to [40:35] do if we look at the work that was done [40:38] uh the near-term work that was done to [40:41] reduce flooding in the Bel Air [40:42] neighborhood there was work done by by [40:46] one Shoreline that we worked with the [40:48] county and and City staff and the staff [40:50] that's in supervisor Pines office to [40:53] repair the tide guide this is the title [40:56] of our agenda item here and these two [40:58] pictures show a before and after of the [41:01] tide gate the picture at the top has the flap gate a jar and uh and three of [41:08] the four flap Gates were um were [41:10] detached and so water would flow freely [41:13] in from the bay and this was uh [41:15] something that occurred or they became [41:18] attached in the fall of 2021 and [41:21] undoubtedly that affected the flooding [41:23] that happened in October 2021. we fixed [41:26] those earlier this spring I mean [41:28] actually not the spring but the spring [41:30] of 2022 after uh the this circumstance [41:34] was identified and and we all discussed [41:37] why we think that made a big difference [41:39] in the storms of of the past 10 days or [41:42] so another near-term activity that we've [41:45] been working on is to repair and replace [41:49] and provide backup electricity for the [41:52] motors and the Walnut and Angus Pump [41:54] Station these are immediately adjacent [41:56] to the Bel Air neighborhood and are very [41:59] important resources to drain the water [42:01] that's collected on the streets of Bel [42:03] Air and pump it into San Bruno Creek so [42:06] that it can efficiently efficiently [42:07] float uh make its way to the to the bay [42:10] and then finally we're working with [42:12] Caltrans which as I mentioned has [42:14] right-of-way under Highway 380 and [42:15] Highway 101 to put a valve on their [42:19] outfall to reduce the water that backs [42:22] up from the creek in into the outfall [42:25] and then onto the Caltrans property [42:27] under 380 and then on to 7th Avenue and that whole cycle or movement of [42:32] water also exacerbates the flooding [42:35] there so how do we how do we know that [42:38] or think that the tide gate made a [42:40] difference [42:42] the work on the tight gate late [42:45] earlier this year so the repair project [42:48] We Believe has made a difference if you [42:50] look at the images on the left these are [42:53] images from dry days sunny days and it's [42:57] from January 3rd of 2022. the video is [43:01] driving along 7th Avenue heading towards [43:03] the city of South San Francisco and the still images are just pictures from [43:08] that day as well there's a lot of water [43:10] at 7th Avenue at the PG e site and then [43:15] of course heading under Highway 380. you [43:17] can see all that water [43:18] so that was in January and then at the [43:20] end of 2022 after the tide gate project [43:23] was done this is also during High Tides [43:25] you see basically no water in that same [43:28] area and [43:30] um and so we believe it's made it quite [43:32] a big big difference [43:34] um now when it rains and you have these [43:36] storms there's kind of a more much more [43:39] complicated mix of of fresh water and [43:41] tidal water and so that's one of the [43:44] things that excuse me we would be [43:46] studying uh in in the work that's [43:48] upcoming [43:51] so we have a set of rain gauges [43:53] throughout the county this was mentioned [43:55] earlier in Mr grogan's presentation we [43:58] have a set of of gauges of rain and a [44:01] creek height the water that's in Creeks [44:04] during storms and we look at those [44:06] gauges [44:07] during these storms any time of day 24 [44:11] hours a day and depending on the [44:14] circumstance of both the water in the [44:16] channel and the rain that's coming [44:18] towards the channel we send out alerts [44:22] and the alerts go to City staff and the [44:25] alerts now in two watersheds including [44:28] San Bruno Creek go to the public through [44:30] SMC alert so I would Echo the comments [44:33] of Mr Grogan and your vice mayor about [44:36] the importance of SMC alert especially [44:38] if you live or work near the Bel Air [44:41] neighborhood because that's where we've [44:43] developed a what's called a polygon of [44:45] the map where we will send out SMC [44:47] alerts if it looks like San Bruno Creek [44:50] will over top or there will be [44:51] substantial flooding within that [44:53] neighborhood [44:58] it's kind of slow to come up so here are [45:01] what's called hydrographs of of the [45:04] creek events of October 24 2021 and [45:07] December 31 2022. [45:10] um essentially we watch those things and [45:14] worry about these things no matter what [45:15] time of day we're looking at it so that [45:18] you don't have to and we will rock we [45:21] watched these things and establish okay [45:22] is there a peak flow going on and do we [45:25] send out a message but if you compare [45:27] those two storms in October 2021 there [45:30] was more rain than in December of 20 [45:33] December 31 of 2022 but December 31 of [45:37] 2022 that storm had a higher peak of [45:40] water within the creek Channel [45:42] and at the same time it caused less a [45:46] little bit less flooding apparently [45:47] based on the information that we have [45:48] and I want to just pause there one [45:50] second and encourage people if they have [45:53] pictures or videos from their property [45:56] or if they're in the neighborhood and [45:58] they're seeing flooding feel free to [45:59] send it to us at one Shoreline because [46:01] as we calibrate our flood alert system [46:05] and as we think about uh projects in the [46:08] future it's very helpful for us to [46:10] understand where flooding occurred and [46:11] at what time [46:13] as we as we kind of develop those or [46:16] refine those products and so we we [46:20] believe that that that flooding was [46:22] reduced due to two things one is the [46:24] pump stations were fully functioning in [46:27] December of 31 of 2022 storm all the [46:31] pumps were online there was electrical [46:32] generator backup all the things that I [46:34] mentioned that we have been working on [46:35] through 2022 as well as the tide had [46:39] less influence because the tide Gates [46:41] were were operable fully operable [46:45] okay last slide long-term Solutions this [46:48] is super important so [46:51] all of everything I just said is about [46:54] the near-term how do we deal with the [46:56] flooding today to the best of our [46:57] Collective ability [47:00] that is not going to get people out of [47:01] the flood insurance program and it's not [47:03] going to address these issues long term we need to look at those five [47:06] sources of flooding and and think about [47:09] the FEMA maps and think about sea level [47:12] rise and how that is going to further [47:14] influence what we were seeing in the [47:16] slide with the video of the drive from [47:20] the car on 7th Avenue and so for the [47:24] long-term solution we're embarking on a [47:27] project we will get it started in 2023 [47:29] regardless of what the federal [47:31] government says to us about our Grant [47:32] application we applied for nine hundred [47:34] thousand dollars we had the support of [47:36] San Bruno South San Francisco and others [47:39] on that application so we're hopeful but [47:41] regardless we will get started on the [47:43] project and potential aspects of the [47:45] project are a complete replacement of [47:47] the tide gate the repair that we made [47:49] was to a facility that was established [47:52] or built in the 1940s it is it is now [47:56] repaired it is working much better than [47:58] it was 15 months ago but it's is not a [48:00] long-term solution for this area so [48:02] replacing the tide gate is important [48:04] potentially building a new pump station [48:06] at the tide gate to get water [48:08] over the tide gate from the creek into [48:11] the bay another another idea is to [48:15] replace these pump stations that right [48:17] now we're constantly trying to repair [48:18] those pump stations were built in the [48:21] 1960s and they are not up to the task of [48:24] these atmospheric Rivers another project [48:27] idea is to elevate the bay shoreline [48:30] between San Bruno Creek and Colma Creek [48:33] and because it's all kind of connected [48:35] with the sea level rise issue and then [48:37] finally to build one or more stormwater [48:40] detention basins adjacent to the creek [48:42] whether that's far Upstream near Highway [48:44] 280 perhaps in the park right here at [48:47] this right next to where we're talking [48:49] right now or farther much farther [48:52] Downstream as San Bruno Creek goes along [48:55] the Bel Air neighborhood so these are [48:57] some of the project ideas that we're [48:59] going to get started on doing some [49:02] planning and project alternative [49:05] analysis with consultants in the next 12 [49:08] months [49:10] and that concludes the presentation [49:12] I and McKenna and supervisor Pine would [49:15] be glad to answer questions thank you very much for that information [49:20] I think it's extremely helpful and I [49:22] don't know that as we've talked before [49:24] and I appreciate your time that folks [49:26] know those things that are occurring and [49:28] have occurred and so thank you for that [49:30] with that I'd like to ask my colleagues [49:32] if there are any questions that they [49:33] have at this time [49:38] yep yes uh [49:41] sorry to get used to this first welcome [49:43] again happy New Year and may I please uh [49:46] call upon council member Alvarez [49:49] thank you for your um very informative [49:51] presentation [49:53] um just reading on your website um and [49:56] you also mentioned that you have [49:59] identified three solutions which are [50:03] um replacing the pump station I know [50:06] that we have had [50:08] um problems whenever we have heavy rains [50:11] like this along 7th Avenue which was [50:15] built in the 1960s on that that bump [50:20] station when do you anticipate to start [50:23] the project that you identified [50:26] yeah uh thank you for that question [50:29] um so I guess what I would say is [50:33] the project would start with [50:36] understanding what those seven other [50:38] studies said and and pulling them [50:41] together into a cohesive plan okay and [50:45] so the project starts with planning and [50:47] collecting data so that we fully [50:49] understand the interaction between the [50:52] creek [50:53] the storm drain system for that [50:55] neighborhood the tides and water that's [50:58] coming in potentially from South San [51:01] Francisco and also from Millbrae if in [51:03] fact it is so we need to understand what [51:05] we're looking at and that's what we [51:06] would start in 2023 is to get gain that [51:10] understanding and and using those [51:11] previous studies as as an important [51:14] Baseline [51:15] and then we would start a process of a [51:19] SQL document so that we we make public [51:22] Alternatives and get feedback from the [51:25] public and from regulatory environmental [51:27] Regulatory Agencies to understand okay [51:29] what is a preferred project that we can [51:31] actually move forward on at the same [51:33] time we're doing a SQL document and [51:34] doing we would do design of a preferred [51:37] project and the SQL document and the [51:39] design process would go hand in hand [51:41] that would take a couple years and [51:44] during that time we would seek outside [51:48] funding one of the reasons one Shoreline [51:50] was created established in 2020 as [51:54] supervisor Pine mentioned is to be able [51:57] to attract external funding in a way [51:59] that maybe we otherwise couldn't because [52:01] we're working together as cities and one [52:03] Shoreline in the county and so during [52:06] that process of of sequin design we try [52:09] to attract especially Federal money and [52:12] with all of these storms there is news [52:15] federal faster declarations which means [52:17] there's new money for these kinds of [52:18] projects so so I can't give a specific [52:21] timeline all I can say is commit to is [52:24] that we're going to start on that [52:25] process this year [52:30] any other questions from colleagues I'm [52:33] sorry I apologize [52:35] I was looking straight ahead city [52:37] manager sure [52:39] thank you mayor I just want to also say [52:41] that we've talked to one Shoreline and [52:43] one of the commitments that we have [52:44] together is that we'd like to hold a [52:47] neighborhood meeting specifically on [52:49] this issue a lot of things were [52:51] discussed tonight and a lot of work is [52:53] going on for a permanent fix but we know [52:56] not everyone in that Community knows [52:58] about that as well as [53:01] people's property is being flooded in I [53:04] was out there in the middle of a storm [53:05] and I think having a meeting partic [53:09] specifically on this topic is [53:10] appropriate and we've talked to one [53:12] Shoreline about that and we will be [53:14] partnering to hold a meeting in San [53:16] Bruno specifically with our community [53:20] that's affected by this flooding both to [53:21] let them know of the work that's going [53:23] on as well as to seek their ideas and so [53:26] know that that will happen in you and [53:28] the community will see information about [53:30] scheduling of that meeting as soon as we [53:32] can get it together [53:33] thank you for uh alerting us and and the [53:36] community to that and of course [53:37] um having available for uh languages as [53:41] well uh would be thank you [53:43] um and I think it's important to realize [53:44] too with the flood in FEMA the city [53:46] really also went to bat and in the [53:49] appeal process and really worked [53:50] diligently Jimmy Tan was here then and [53:52] the city staff to try to mitigate and uh [53:56] shall we say shrink the size of who is [53:59] required was mandated to have the flood [54:00] insurance so I do want to recall and [54:03] remind the community and staff work [54:04] extremely hard but as we know trying to [54:07] deal with the federal government uh what [54:10] we think is right and what they think [54:12] are right might be I do not have any I [54:14] do not have any in-person speaker cards [54:16] but we do have one remote hand raised [54:19] Robert Regal [54:21] I will be bringing you in [54:23] whenever you're ready you may begin [54:26] I just have one one question is there [54:28] any need in this scheduling of [54:31] activities to dredge San Bruno Creek all [54:35] the way from the Thai Gates back to San [54:38] Antonio Huntington area to increase the [54:40] capacity that the creek could hold uh [54:44] when the there's excess water [54:49] so would you like me to yes sir okay [54:53] um that's a great question that we have [54:55] we are looking at right now [54:57] um [54:58] the the actual channel of the creek uh [55:03] seems to be able to hold the water [55:05] that's in the channel from [55:09] the the just say just Downstream the [55:11] Cupid's row area to uh to the highway [55:15] 380. but part of our analysis that I [55:19] mentioned to councilwoman Alvarez what [55:21] would be [55:23] is that is the capacity of the channel [55:25] sufficient we know that Upstream of [55:28] their [55:29] um let's see near near the ball fields [55:32] all the way to the train tracks by [55:34] Cupid's row we know that that stretch [55:36] does not have sufficient capacity and [55:39] there had been annual maintenance uh to [55:43] remove the vegetation that obstructed [55:45] the flow there uh previously [55:47] we also know that in 2022 that [55:50] maintenance was not allowed due to [55:52] environmental concerns we're definitely [55:54] hoping and planning that we come in [55:56] there in 2023 and do that vegetation [55:59] removal because it should be done [56:02] so I guess I would in summary for for Mr [56:05] reichel's question I would say that that [56:08] is a very astute question one that we're [56:10] evaluating and we're looking for [56:12] opportunities to increase Channel [56:15] capacity [56:16] it's not practical to just go in there [56:19] and dredge the whole Channel there are [56:21] multiple landowners as I mentioned San [56:23] Francisco Airport being one Caltrans [56:25] being another [56:28] um and there are endangered species in [56:31] that stretch and Regulatory permits [56:33] associated with that and so it's it's [56:35] complicated but we're certainly looking [56:38] at whether this emergency declaration by [56:43] Mr Grogan and the county enables us to [56:47] do some things that otherwise might be [56:50] more difficult to do so stay tuned on [56:52] that one I guess [56:54] thank you any other questions [56:58] and thank you for bringing that up and [57:00] being very candid which is there's a lot [57:02] of owners there's a lot of bureaucracy [57:04] uh and trying to get everybody on the [57:06] same page but taking opportunities that [57:08] unfortunately have been placed before us [57:10] appreciate you looking into that and [57:12] coming up with some ideas [57:14] uh with that I want to thank you very [57:15] much for the presentation both uh both [57:18] of you for being here and thank you very [57:19] much for your time this evening and [57:21] being with us and wish you a safe [57:23] travels home thank you have a good rest [57:25] of your evening [57:27] now we'll move on to item six consent [57:29] calendar all items are considered [57:31] routine or implemented by an earlier [57:33] Council action and may be enacted by one [57:35] motion there will be no separate [57:37] discussion unless requested there will [57:39] be a single public comment period for [57:42] all these items in this section unless [57:45] requested by a council member for a [57:47] separate vote with that are there any [57:49] items under consent that a colleague [57:52] would like to pull for a separate now [57:55] separate vote [57:59] uh any colleagues wish to have an item [58:02] so it can have discussion and or [58:04] um a question [58:09] council member [58:11] yes please go ahead [58:14] thank you Mr Mayor [58:17] which item [58:19] line item F okay thanks for [58:22] clarification sure all right so I have f [58:24] is there any other items [58:28] seen hearing none okay let's move on to [58:31] item F adopt a resolution authorizing [58:34] the city manager to execute an agreement [58:35] with a true north compliance Inc and the [58:38] amount not to exceed 285 000 and West [58:41] Coast code Consultants Inc in an amount [58:43] not to exceed 450 000 to perform [58:45] off-site building permit plan review [58:47] Services council member Alvarez [58:51] thank you Mr Mayor [58:53] I just want to point out the important [58:56] that it's important to understand the [58:58] difference between plants reviewed in [59:00] the city hall my question is do we have [59:04] Consultants doing on-site plan review if [59:08] so is that agreement included in the [59:10] proposed resolution [59:13] assistant city manager hi [59:16] city manager Darcy Smith [59:18] I believe the question was about if the [59:20] city has on-site plan review services [59:26] by Consultants yeah so as part of this [59:30] current fiscal year budget the city [59:31] council did authorize that expended [59:35] expenditure for that project or but that [59:39] those Services as a new item [59:43] um and the city just recently executed [59:45] those agreements with two different [59:46] consulting firms and anticipates [59:48] offering those services on site in the [59:52] coming weeks [59:53] okay thank you by appointment only at [59:56] City Hall and we'll be providing the [59:58] information on our website and in an [1:00:00] online scheduling tool too [1:00:03] thank you last question [1:00:06] first staff [1:00:08] prayer staff report True North has not [1:00:11] been involved with ongoing projects [1:00:13] and therefore has Allied the current [1:00:16] budget cycle and the same with the WC3 [1:00:21] for the agreement that is requested to [1:00:23] be executed [1:00:25] so it won't be outside the current [1:00:28] budget budget cycle because a budget [1:00:31] amendment was approved by the city [1:00:33] council as part of the [1:00:36] quarterly budget amendment which was [1:00:39] approved on November 8th for the [1:00:42] authorization of these two consultant [1:00:46] agreements through separate expended [1:00:49] term Revenue accounts that were set up [1:00:51] as part of that budget amendment which [1:00:52] the city council reviewed and approved [1:00:54] back in November [1:00:57] thank you and that's only through the [1:00:58] end of this fiscal year so only through [1:01:00] June 30th of this year [1:01:02] for approval before the end of the [1:01:04] fiscal year that just as a follow-up to [1:01:06] that we would also do what we normally [1:01:08] do at the end of the year is that if [1:01:10] there are unspent funds from a contract [1:01:12] that we intend to utilize we would [1:01:14] encumber those funds and roll them over [1:01:16] to the next year that way you might see [1:01:19] the expenditure fund of some of these [1:01:22] funds in next fiscal year but know that [1:01:25] they will not be double budgeted we [1:01:26] would essentially capture any unspent [1:01:28] money and roll them forward and then [1:01:30] that would decrease the amount that we [1:01:32] request in next year's budget [1:01:36] some of these questions but since the topic is on I was wondering is it [1:01:39] typical for us to [1:01:42] um [1:01:42] call out in a contract which funding [1:01:46] source we're using to to pay for it it [1:01:48] seemed uh like an unusually because of [1:01:51] the fact that we said we were pulling [1:01:53] from a certain fund it could put [1:01:55] contracts in Jeopardy so I'm wondering [1:01:57] is that typical I mean we never see the [1:01:59] contract so I I wouldn't know what's [1:02:01] included in them or not but it seemed [1:02:03] unusual to me that that piece of [1:02:05] information was part of the country is [1:02:07] really a result of the prior [1:02:09] conversations that we had with the city [1:02:10] council if you remember what we were [1:02:13] doing before is we were we would do our [1:02:16] normal procurement process where we [1:02:18] would get requests for that contract [1:02:20] what we wanted to do was change that [1:02:22] process and and depending on the nature [1:02:26] of the service the funding source is [1:02:28] different for example uh not the [1:02:30] contracts we're talking about have a [1:02:32] developer that is [1:02:35] um into that one reimbursement agreement [1:02:37] and so they're not getting that [1:02:38] expedited service but they're getting [1:02:40] that normal service however [1:02:42] in our normal capacity we don't be paid [1:02:45] for by those normal planning fees that [1:02:48] you established each year in that RNR [1:02:50] fee schedule and so in order so we can [1:02:53] actually where you have a developer [1:02:54] coming in and saying we will pay for [1:02:56] expedited service we know that that will [1:02:58] cost more and more structure uh what [1:03:00] vendors we're providing what service and [1:03:02] which bucket they were a funding source [1:03:04] identified in them or is it just because [1:03:07] we're talking about uh the reimbursable [1:03:11] or or a an account or an account that [1:03:14] does have reimbursable portion right [1:03:17] so exactly where we're funding it from [1:03:20] but we were very clear in the materials [1:03:22] that we provided to council where the [1:03:24] funding source would come from but [1:03:27] um again for all for our development [1:03:28] related kind items whether that's the [1:03:30] reimbursement account or whether [1:03:32] um they are paying our normal fees okay [1:03:35] so these are they're special [1:03:38] okay [1:03:39] are going to be shared with the public [1:03:41] for minutes [1:03:44] just want to make sure that was [1:03:46] happening because it's not on the agenda [1:03:48] and I did submit some questions they [1:03:50] were answered clarifications either our [1:03:52] practice is and has been for wealth that [1:03:55] people can go to the website and see [1:03:56] those questions that uh that we do [1:03:58] submit so uh some of us are just so [1:04:01] everybody knows so we're reading the [1:04:03] packet we've been asked to questions [1:04:04] staff uh does their due diligence to get [1:04:07] back to us prior to tonight's meeting [1:04:08] but they're also posted for people to to [1:04:11] review as well I did skim through the responses that were provided and I [1:04:16] had one one follow-up question so that [1:04:18] there were two million dollar contracts [1:04:21] that were referenced in the stats of [1:04:23] those funds become no longer encumbered [1:04:25] and they're available for the rest of [1:04:27] yes that's correct okay thank you thank [1:04:30] you to comment on any of the consent [1:04:33] items a through G [1:04:35] I do not have any speaker cards and no [1:04:38] remote hands are raised thank you then [1:04:40] I'll bring it back to the council all [1:04:42] votes so any action by Council on [1:04:44] consent through the chair yes I will [1:04:47] make a motion to approve the consent [1:04:49] calendar [1:04:50] a second [1:04:51] or a second [1:04:53] uh motion by salary second by Alvarez [1:04:57] roll call please [1:04:58] councilmember Alvarez [1:05:01] yes yes [1:05:04] motion passes 5-0 with that thank you [1:05:07] everyone we'll move on to item seven [1:05:09] which is uh public hearing [1:05:11] item 7A appeal of the Planning [1:05:14] Commission decision to approve an [1:05:16] Architectural Review permit and a use [1:05:18] permit to allow a residential addition [1:05:20] to 1261 Claremont Drive [1:05:23] and first before we turn it over to the [1:05:25] director I'd like to ask the city [1:05:27] manager if you could please sure thank [1:05:29] you mayor Javon Grogan city manager [1:05:31] again it is my pleasure to introduce a [1:05:34] new gentleman to our community community [1:05:36] that will provide this presentation a [1:05:39] gentleman by the name of Peter Gilly he [1:05:41] is our new community and economic [1:05:42] development director this is this is his [1:05:46] very first council meeting he started [1:05:48] with the city on January 3rd but he [1:05:52] spent almost his entire day in our [1:05:54] Emergency Operations Center and did [1:05:56] stuff other than planning and [1:05:58] development for the first few days so it [1:05:59] was a wonderful trial by fire Mr Gilly [1:06:03] comes to us having been the community [1:06:05] development director in the city of [1:06:07] Ventura having also worked in Thousand [1:06:09] Oaks but also know that he has [1:06:11] significant Bay Area experience having [1:06:14] worked prior in the city of Mountain [1:06:15] View as well as Cupertino and so without [1:06:18] further Ado [1:06:20] um Mr Gilly has in short amount of time [1:06:24] worked with staff and came up to speed [1:06:26] enough that he wanted to do tonight's [1:06:28] presentation and so we will turn it over [1:06:30] to Peter Gilly Mr Gilley I apologize [1:06:34] um for folks in the audience if you wish [1:06:36] to speak on this topic and there will be [1:06:37] public comment the speaker cards that [1:06:39] you have if you bring them up over here [1:06:41] uh to where the city clerk is that would [1:06:43] be appreciated and with that I'm sorry [1:06:45] uh Mr Kelly please proceed yes thank you [1:06:48] very much Mr Mayor members of the [1:06:50] council as was stated I'm Peter Gilly [1:06:52] I'm the new director of of of the [1:06:55] community and economic development [1:06:56] department very happy to be here and [1:06:58] with me is Michael Laughlin the planning [1:07:02] and housing manager who is going to be [1:07:04] my backup on some technical questions [1:07:07] that you if you end up having them [1:07:10] the agenda item tonight is a public [1:07:13] hearing of an appeal of a Planning [1:07:14] Commission decision to approve a [1:07:16] residential Edition at 1261 Claremont [1:07:21] Drive [1:07:22] this is how this agenda item will be [1:07:26] organized we'll have the staff [1:07:28] presentation and and then the council [1:07:31] can ask questions of Staff will have the [1:07:33] appellant and then the applicant both [1:07:36] have time for presentations there will [1:07:38] be a public comment period and then the [1:07:41] council will have the chance to ask [1:07:43] uh additional questions and then uh go [1:07:46] into to to the deliberations [1:07:49] uh the council action uh may include a [1:07:53] variety of options [1:07:55] um many of which are listed in the staff [1:07:56] report uh you could approve the project [1:07:58] uh effectively turning down the appeal [1:08:02] you can you can deny the project [1:08:04] effectively granting the appeal you can [1:08:06] also continue the item uh uh and request [1:08:10] additional information or you can [1:08:12] provide Direction on modifications you [1:08:14] want to see and you can refer that back [1:08:17] to the Planning Commission [1:08:19] so there's a variety of options for the [1:08:21] council [1:08:22] the objective of this agenda item this [1:08:26] hearing is to hold the public hearing [1:08:29] and receive information on the item so [1:08:32] that you can make a final decision on [1:08:34] the appeal of the planning commission's [1:08:35] approval [1:08:39] so I will go through some highlights of [1:08:41] the background there is a lot more [1:08:43] information in the staff report and and [1:08:45] the packet if you have any questions on [1:08:47] anything that I don't go over please do ask them [1:08:51] the applicant is the property owner of of the subject site they are [1:08:57] proposing a one in two story addition to [1:08:59] an existing home uh that is shown on the [1:09:02] slide [1:09:03] uh the location of the site is the [1:09:06] corner of of [1:09:08] Claremont and and and and Fairmont uh [1:09:12] and on the aerial photo uh showing the [1:09:14] applicant site outlined in Orange uh the [1:09:18] appellant is the immediate neighbor uh [1:09:21] and they that that property is outlined [1:09:24] in blue [1:09:26] and the scope of the project the scope [1:09:29] of the addition to the home uh it [1:09:31] triggers both an Architectural Review [1:09:33] permit and a use permit uh which is why [1:09:35] it it went to the architectural view [1:09:37] committee or Arc and it went to the [1:09:39] Planning Commission [1:09:44] this slide shows the uh public hearings [1:09:47] that the project went to prior to even [1:09:49] going to public hearings the application [1:09:51] came in in August of 2021 [1:09:54] went through a round of Staff review and [1:09:57] staff pointed out a number of of of of [1:10:00] conflicts with the design guidelines the [1:10:03] applicant then updated the plan that [1:10:06] update went to the arc on on [1:10:09] November 4th of 2021 [1:10:12] Arc recommended more modifications to [1:10:16] the project it came back in January of [1:10:18] 2022 at that point it was sent on to the [1:10:21] Planning Commission who saw in February [1:10:23] of 2022 where uh there was a public [1:10:27] hearing uh there was a lot of discussion [1:10:29] and the Planning Commission asked that [1:10:31] or they continued the item and asked the [1:10:34] applicant to provide shade studies which [1:10:37] are basically diagrams that show how the [1:10:40] project is going to cast Shadows [1:10:42] particularly on the neighboring property [1:10:45] the project then came back to the [1:10:47] Planning Commission with those shade [1:10:48] studies in March of 2022 [1:10:51] at that time the neighbor who is now the appellant also provided some [1:10:59] concepts for how the design should be [1:11:01] changed the Planning Commission took all [1:11:04] that information and recommended that [1:11:06] the applicant do another redesign of the [1:11:09] project to try to incorporate as many of the ideas that were discussed [1:11:14] and I have slides coming up that are [1:11:17] going to show how the project has [1:11:19] evolved [1:11:20] the applicant then updated the plans [1:11:23] again uh came back to the Arc in October [1:11:26] and then back to the Planning Commission [1:11:28] in November uh at the end of November [1:11:32] the Planning Commission [1:11:34] looked at the redesign uh and did end up [1:11:36] voting 5-1 to approve the project [1:11:41] at that point uh the neighbor filed a [1:11:44] timely appeal [1:11:46] and that appeals at the Planning [1:11:49] Commission are brought to the city [1:11:50] council and in their appeal documents [1:11:53] the Appellate [1:11:54] listed a number of concerns which we [1:11:56] tried to provide a a snapshot of on the [1:11:59] screen and in the staff report [1:12:01] uh [1:12:03] the the applicant has made uh clear at [1:12:06] the Planning Commission level and in the uh appeal that uh they believe [1:12:12] there are opportunities to design a [1:12:14] house in a different way uh that will [1:12:17] reduce impacts on on their property and [1:12:20] uh the appellant has a presentation and [1:12:23] we'll go through those arguments [1:12:28] now go over uh some more details about [1:12:31] the project and how we got to this point [1:12:33] uh we'll have some uh plans and images [1:12:36] that I can come back to at any time if [1:12:38] the council has has questions on them [1:12:41] this is uh just a street view of of of the home and Andy uh [1:12:48] appellants home as well uh you want to [1:12:51] come back to this just to uh have have [1:12:54] this image up [1:12:56] this is that same snapshot of the [1:12:58] existing home but also uh uh the view of [1:13:03] the Planning Commission approved uh new [1:13:06] home so the existing home is a little [1:13:09] under 1900 square feet it has an far of [1:13:12] 0.32 and far is the floor area ratio [1:13:16] that is the sum of all of the areas of [1:13:19] all the floors including the garage [1:13:21] divided by the lot area [1:13:23] uh the maximum allowed far for this [1:13:26] particular site based on our zoning is [1:13:28] 0.55 [1:13:31] the Planning Commission approved project [1:13:34] is a little over 3000 square feet of of [1:13:37] home again that's including the garage [1:13:39] and a 0.53 far so slightly under the [1:13:43] maximum that's allowed [1:13:47] this is a site plan so this is a bird's [1:13:50] eye view of the site again using the [1:13:53] same color coding on the applicant's [1:13:55] property in in [1:13:57] for easier reference the lighter orange [1:14:00] shading is the outline of the first [1:14:03] floor which is predominantly the [1:14:06] existing home [1:14:07] the darker orange is shows the second [1:14:10] floor which is is all new [1:14:16] these are the building elevations of the [1:14:18] proposed home these elevations are [1:14:20] two-dimensional views of the front the [1:14:22] rear and the two sides again we're [1:14:24] showing this so that we can come back to [1:14:26] it if the council wants to discuss them [1:14:28] we're going to be talking most about the [1:14:30] north side that is the side that faces [1:14:33] the [1:14:34] appellance property that elevation is in [1:14:39] the bottom right hand corner [1:14:43] the applicant also provided renderings [1:14:46] of of the pro of of the project which [1:14:48] are three-dimensional views uh of of [1:14:51] what the project would look like I just [1:14:53] want to note it is very common in uh in [1:14:56] renderings that because it's a model out [1:14:59] of a computer that they don't show the [1:15:01] neighboring buildings it was not done on [1:15:04] purpose that's just is the common [1:15:06] approach [1:15:12] so the project actually complies with [1:15:14] all the city's regulations [1:15:16] but because the project triggered [1:15:19] needing to go through special review it [1:15:21] also needs to be found to meet our [1:15:23] residential design guidelines [1:15:25] now the guidelines are as they are [1:15:28] called they are guidelines they are not [1:15:30] requirements that all need to be met but [1:15:32] they are a very useful guide for staff [1:15:35] applicants and the Planning Commission [1:15:36] in order to judge whether a residential [1:15:40] Edition should be approved [1:15:42] just for context the the guidelines were [1:15:45] adopted by Council in 2010 [1:15:47] and there's there's over 150 [1:15:51] different [1:15:52] guidelines in the document so there are [1:15:55] a lot of them uh they're split up into [1:15:57] 13 sections I put a handful of the most [1:16:00] relevant ones uh on the screen [1:16:02] neighborhood compatibility architectural [1:16:04] style second floor treatment [1:16:07] the the one that is the largest issue in [1:16:09] this case is privacy and solar access [1:16:11] and that is the one that the appellant [1:16:14] is is Raising and giving the most [1:16:17] attention to and two of them in [1:16:20] particular which the appellant has in in [1:16:22] their package is uh on the screen and [1:16:25] that is uh the the guideline calls for [1:16:28] the project to minimize Shadow and [1:16:30] privacy impacts on adjacent properties [1:16:37] so through these six public hearings [1:16:40] leading to this appeal the arc and [1:16:42] Planning Commission reviewed the project [1:16:44] for compliance with all of the design [1:16:46] guidelines and spent arguably most of [1:16:49] the time talking about topics that [1:16:51] related to shade and privacy [1:16:55] the Planning Commission and Arc asked [1:16:57] for a number of changes and the [1:16:59] predominantly the the major ones are [1:17:01] listed on the screen they're also in the [1:17:03] written staff report and they all go [1:17:05] towards addressing the mass of the [1:17:07] second floor and that size and volume of [1:17:10] the second floor is directly related to [1:17:13] The Shadow impacts that the project will [1:17:15] have as well as privacy impacts [1:17:18] I have slides with imagery that shows [1:17:20] how each uh what each one of these look [1:17:22] like [1:17:24] but in general the the applicant has [1:17:27] moved the Second Story further away from [1:17:30] uh from the property line with the [1:17:34] appellant that's item number one they've [1:17:37] reduced the length of the second story [1:17:39] that faces the uh [1:17:43] property line of the of the appellant [1:17:45] and they've reduced that total height of [1:17:47] the building itself as well to address [1:17:51] privacy they've also taken out the [1:17:52] Second Story deck and they've modified [1:17:54] the windows that are facing the appellant's property [1:18:00] so I'll go through and try to show what [1:18:03] those changes look like and mean on the [1:18:06] proposed front elevation so this is [1:18:09] viewing it from the street you'll see [1:18:11] there's uh [1:18:13] on the left is the design that the [1:18:16] Planning Commission saw in March this is [1:18:18] the the project designed that the [1:18:22] Planning Commission asked to be [1:18:23] redesigned and changed the one on the [1:18:26] right is what came back to the Planning [1:18:28] Commission and was eventually approved [1:18:31] uh [1:18:32] you'll see on both of them there's an [1:18:34] orange line that is dashed that is our [1:18:37] daylight plane which is a guideline [1:18:40] and it basically calls for if you're [1:18:43] going to have a taller building [1:18:46] basically the setback for the taller [1:18:48] part of the building needs to be further [1:18:50] away originally the March 2020 2022 [1:18:54] design had the first and second floor [1:18:56] basically going straight up so that had [1:18:59] the massing of the second floor very [1:19:02] close to the neighbor thus having more [1:19:04] Shadow impact the revised plan pushes [1:19:07] the Second Story back the the first [1:19:09] story is still where it is because it's [1:19:10] existing house but the second story [1:19:13] starts about an additional [1:19:16] four feet in and that meets our daylight [1:19:19] plane guideline again the applicant made [1:19:22] that change at the direction of the [1:19:24] Planning Commission [1:19:26] as I noted earlier there's about a two [1:19:29] foot reduction in the overall height of the house the applicant has made the [1:19:35] plate Heights of the second floor the [1:19:37] plate Heights being the ceiling height [1:19:38] uh [1:19:40] pretty much as low as you can [1:19:44] it does it is at I believe seven foot [1:19:48] nine inches which for a a new house is [1:19:52] relatively low at the corners of the of [1:19:55] the room so from the front elevation [1:19:57] those are changes that were made [1:19:59] then for the site elevation [1:20:03] the again on the left that's the that's [1:20:06] the project that went to Planning [1:20:07] Commission in March on the right is the [1:20:10] redesign uh clearly the length of that [1:20:15] second story in March was was uh [1:20:19] was cut down approximately shown again [1:20:22] in the in the orange Dash lines was the [1:20:25] mass and the length of the Second Story [1:20:27] back in March it it it was cut back so [1:20:32] that again is going to uh reduce the [1:20:35] shadow impacts on the neighbor [1:20:37] talked already about about the reduced [1:20:39] height you can see it on on this angle [1:20:41] as well and then two other things to [1:20:43] address privacy impacts the the plan [1:20:46] used to have a second story deck that on [1:20:48] the rear that's taken out and all of the [1:20:51] windows now on this side are uh our [1:20:54] clear story Windows which are windows [1:20:56] whose plate height or bottom of the [1:20:58] window is about [1:21:00] five feet eight inches the idea is it [1:21:03] still gives light into the room it could [1:21:05] give air circulation but if you're just [1:21:08] standing in the room you're not really [1:21:09] going to have a view into your [1:21:11] neighbor's yard again these were things [1:21:14] asked of the applicant by the Planning [1:21:16] Commission to reduce the impacts on on [1:21:19] the appellant's property [1:21:22] so [1:21:23] after seeing all of these uh all of [1:21:27] these changes [1:21:29] through the hearings the Planning [1:21:31] Commission ended up approving the [1:21:32] project on a 5-1 vote and the Planning [1:21:36] Commission on these type of projects are [1:21:37] required to make findings of approval [1:21:40] and there are some excerpts of some of [1:21:42] those findings uh on on on the slide [1:21:45] they're all in in the attached [1:21:47] resolutions and also referencing the [1:21:49] staff report but notably the Planning [1:21:52] Commission in their judgment found that [1:21:55] the project as redesigned will not [1:21:57] unreasonably [1:21:59] restrict or interfere with light and air [1:22:01] on on the property or on other property [1:22:04] in the neighborhood [1:22:05] that was the planning commission's way [1:22:07] of saying [1:22:08] we do hear that the appellant has [1:22:11] problems and would like more changes but [1:22:14] we do recognize the applicant has made [1:22:16] changes and the Planning Commission [1:22:18] viewed that uh the impacts left on the [1:22:23] appellant were not unreasonable [1:22:28] that was their their findings and it's [1:22:31] important to note uh that doesn't mean [1:22:33] the Planning Commission made a [1:22:35] conclusion that there are no impacts uh [1:22:38] it's pretty much accepted and [1:22:39] acknowledged that if you're going to [1:22:40] have a two-story home next to a [1:22:42] one-story home there are going to be [1:22:44] some shading impacts the Planning [1:22:46] Commission made the finding that uh [1:22:48] because the guidelines were met and [1:22:50] design changes have been made that there [1:22:53] won't be unreasonable impacts [1:22:56] uh the app the appellant uh will make [1:22:59] the case for why the planning [1:23:01] commissions uh conclusion was not right [1:23:04] and why more changes should be made [1:23:09] this slide is a necessary slide for all [1:23:14] land use entitlements under the [1:23:16] California Environmental Quality act [1:23:18] every action made at a hearing needs to [1:23:22] have a secret determination this project [1:23:26] uh whether you're proven in this form [1:23:28] whether you approve it with [1:23:29] modifications or even if if you don't if [1:23:33] you if you turn the project down it is [1:23:35] exempt from SQL review which which the [1:23:38] Planning Commission agreed with [1:23:42] so moving into the conclusion uh the [1:23:46] recommendation for tonight is that this [1:23:48] is at the council hold the public [1:23:50] hearing and adopt the resolution [1:23:52] approving the permits that the applicant [1:23:55] has asked for uh this is effectively [1:23:57] turning down the appeal and uh this does [1:24:01] align with the planning commission's [1:24:02] action [1:24:04] as noted previously uh there's the [1:24:07] agenda for this this item and as I noted [1:24:10] at the beginning the actions available [1:24:12] to council go beyond what is recommended [1:24:15] you are able to turn down the project uh [1:24:18] require more information and and have [1:24:21] the project come back to council or direct more [1:24:25] changes happen uh with the option of [1:24:26] sending it back to Planning Commission [1:24:28] for a final action [1:24:30] so with that that's that concludes [1:24:32] staff's presentation and we're available [1:24:33] to answer any questions [1:24:37] thank you very much and at this time are [1:24:39] there any Council questions on the [1:24:41] staff's presentations specifically to [1:24:43] the staff's presentation [1:24:47] vice mayor is there any [1:24:51] thank you just wanted to make sure with [1:24:53] that what we are going to do is ask the [1:24:56] uh appellant to please step forward for [1:24:59] the presentation [1:25:01] we'll have 10 this is the time to [1:25:03] utilize up to 10 minutes [1:25:06] um or not but this will be the one time [1:25:30] so as the opponent steps forward again [1:25:32] uh have a minute to utilize it as you [1:25:34] wish but this will be the one time for [1:25:36] your opportunity and uh welcome this [1:25:38] evening and you let us know when you're [1:25:40] ready the city clerk will set the timer [1:25:42] and it will be obviously you can see it [1:25:44] so I won't stop or interrupt you or give [1:25:46] you a uh what do you want to call it a [1:25:48] one minute unless you wish [1:25:59] thank you council members and staff for [1:26:05] hearing this appeal my name is Tyson [1:26:07] Murphy I'm the [1:26:09] homeowner at 1251 Claremont next door to [1:26:12] the post site [1:26:15] um [1:26:17] is there a [1:26:19] okay [1:26:26] I can't read it oh my gosh [1:26:28] okay let's jump right into it reasons [1:26:30] for the appeal the current design [1:26:33] unreasonably restricts Sun access and [1:26:35] privacy to our yard at 12 I disagree [1:26:38] with interpretation from staff [1:26:41] the original design in March 2022 was [1:26:44] rejected due to excessive shading and it [1:26:48] did not uh [1:26:50] existing design did not result in the [1:26:52] shade and impact yet it was approved by [1:26:55] the [1:26:56] Planning Commission [1:26:58] anyway really I'm seeking an alternative [1:27:01] solution [1:27:03] um [1:27:04] to this problem that's beneficial to [1:27:06] both parties [1:27:08] currently I feel that we at 1251 [1:27:10] Claremont are incurring the brunt of the [1:27:12] sacrifice here you have the [1:27:18] you know on the left the snapshot of the [1:27:23] design and then the right [1:27:27] in relation to our yard above it and [1:27:29] then the aerial photo [1:27:32] um [1:27:33] our backyard is really more of a side [1:27:35] yard we don't have much proper room in [1:27:37] the rear of the property it's to the [1:27:39] side and it butts up to the shared [1:27:41] property line with the proposed project [1:27:43] our living room flows into the outdoor [1:27:47] living space through large windows and [1:27:49] that's where we can take sunlight for [1:27:51] daylighting and warmth that was designed [1:27:53] this way and the major issue that [1:27:56] threatens that is the Second Story [1:27:57] addition on the North wing [1:28:00] one closest to our house [1:28:03] that's significantly and unreasonably [1:28:04] Shades our yard and Outdoor Living Space [1:28:09] additionally privacy concerns [1:28:13] those windows they are able to see into [1:28:16] our yard because they are windows so we [1:28:19] spent a lot of time in our yard our [1:28:21] nine-year-old daughter plays in our yard [1:28:22] I have a significant concern with the [1:28:25] Privacy that's uh that we have to deal [1:28:28] with here [1:28:33] so this is an image of our side yard [1:28:36] side backyard taken from the rear of the [1:28:38] property [1:28:39] that shows [1:28:41] all of our outdoor living space in [1:28:44] relation to the project site there it's uh [1:28:49] very very close proximity of their house [1:28:52] on the right [1:28:54] and The Morning Sun that filters into [1:28:56] our yard and into our home [1:28:59] as design will essentially be snuffed [1:29:02] out by that very close uh [1:29:05] Second Story on the North wing [1:29:11] um some interior photos to demonstrate [1:29:13] how that sunlight coming in the backyard [1:29:16] Daylights into the home [1:29:18] provides you know that daylighting and [1:29:20] the warmth and this is really a [1:29:24] you a critical functional element of the [1:29:26] design of the home [1:29:29] and the enjoyment of the home [1:29:33] there's a living room on the left dining [1:29:35] room on the right and shared large [1:29:37] windows to the outdoor living space [1:29:44] I want to get back to the proximity of [1:29:46] the lease home next to us how close it [1:29:49] really is you can see in the middle [1:29:52] photo there's the shared property line [1:29:53] fence and it's only a four foot side [1:29:56] setback [1:29:57] and you can see the one on the right I [1:30:00] mean there's our yard and their house [1:30:01] even as a one story [1:30:03] is already right on top of our yard and [1:30:06] if you're gonna build up from there [1:30:08] that's where the significant impacts [1:30:10] occur [1:30:17] okay this was showed in the staff [1:30:19] presentation but the [1:30:21] March 2022 [1:30:23] design on the left with no daylight [1:30:26] playing [1:30:27] was that was rejected due to excessive [1:30:29] shading and in the new design on the [1:30:32] right so the biggest issue with the [1:30:35] shading is the top portion the the roof [1:30:39] pitch you can see it's 17 feet three [1:30:42] inches from the property line on the the [1:30:45] original design on the left and then [1:30:47] that was moved over only two feet to [1:30:49] 19-4 by the daylight plane [1:30:52] so [1:30:54] that shadow [1:30:56] you know only moved over two feet it [1:30:59] doesn't make a big impact [1:31:07] additionally their house sits on a [1:31:13] higher elevation than our house the [1:31:15] street is an upward slope going from our [1:31:17] house to their house and that even the [1:31:20] Shadows cast are even longer in length [1:31:22] than normal [1:31:27] so this is just to show that uh to make [1:31:31] the comparison between the two designs [1:31:37] and then this is [1:31:39] on the right [1:31:41] these are Shadow diagrams [1:31:44] from the um [1:31:45] from the architect showing that you know [1:31:49] the left top left is the original design [1:31:51] and the top right is you can see the [1:31:55] second floor pitch shadow goes down and [1:31:59] it's 44 feet six inches the original [1:32:01] design that was rejected for excessive [1:32:03] shading casts a shadow in the winter at [1:32:06] 12 p.m 44 feet 6 inches the updated [1:32:09] design [1:32:11] at 12 p.m winner cast a shadow length of [1:32:14] 43 feet 2 inches [1:32:17] it's only a 16 inch difference three [1:32:19] percent [1:32:21] they were directed to minimize the [1:32:23] shadow impacts and the daylight plane [1:32:26] implementation this proves did not [1:32:28] accomplish that [1:32:30] but somehow the Planning Commission [1:32:32] approved it anyway [1:32:34] 16 inches on a 44 foot Shadow that's a three percent difference that [1:32:39] is negligible that is [1:32:42] you know almost nothing [1:32:48] and then as they were directed to [1:32:51] minimize the shadow impacts per the [1:32:53] language of the design guidelines [1:32:56] 3.13.1 minimize Shadow impacts on [1:32:59] adjacent properties designed second [1:33:01] floor volumes to minimize [1:33:03] Sun access to Living Spaces and actively [1:33:05] used outdoor areas on adjacent homes [1:33:10] so they did not minimize the shadow [1:33:13] impacts with the daylight plane [1:33:14] impotation is my point here [1:33:18] um also going back to the privacy [1:33:20] concerns that conflicts with the other [1:33:21] daylight plane minimize privacy [1:33:24] intrusion on adjacent residences so I [1:33:26] don't think they've accomplished either [1:33:27] of these [1:33:31] and then [1:33:33] I want to say there was a the staff made [1:33:36] a reference to a sketch that we provided [1:33:40] from the [1:33:42] original design [1:33:45] that they say that they've made they've [1:33:47] basically followed with their new design [1:33:49] that was before [1:33:52] we saw the daylight plane of the design [1:33:55] with it or we saw the shadow study with [1:33:59] the design of the daylight plane [1:34:00] implementation before we knew the [1:34:02] daylight plane implementation did not [1:34:05] reduce the shading so [1:34:07] once I saw that everything changed [1:34:17] so [1:34:25] I have demonstrated to you that you know [1:34:29] the daylight plane implementation did [1:34:30] not minimize the shadow [1:34:32] uh impacts to our property [1:34:35] um at no point during the architecture [1:34:38] review or the Planning Commission [1:34:39] meetings did the project architect [1:34:41] demonstrate that [1:34:44] this new design did not demonstrate did [1:34:47] not quantify that it actually [1:34:50] did improve the shading impact I [1:34:53] compared the old design and the new [1:34:54] design he has never done that he has [1:34:57] never proved to anyone the Planning [1:35:00] Commission [1:35:01] that there is an actual Improvement in [1:35:04] the shading impact in this design [1:35:06] compared to the old design that he [1:35:08] actually minimized the shadow impact [1:35:11] I've never seen that and at the last [1:35:14] Planning Commission call I asked him to [1:35:16] do that [1:35:17] he didn't do it the planning [1:35:19] Commissioners didn't ask him to do that [1:35:21] in fact they didn't ask him a single [1:35:23] direct question which I couldn't believe [1:35:25] based on the new information [1:35:29] so [1:35:33] one major concern that I have is that [1:35:36] every set of architectural plans [1:35:38] throughout this whole process [1:35:40] has had [1:35:42] inaccuracies and flaws in them from the [1:35:44] very beginning [1:35:46] and [1:35:48] I was told by staff that they do not [1:35:51] have an independent process of [1:35:52] verification for the validity and [1:35:55] accuracy of the information provided to [1:35:57] them by the architect [1:35:59] there is no verification and they are [1:36:01] basing their analysis [1:36:03] on this information from the architect [1:36:05] and then submitting the recommendations [1:36:07] accordingly to the Planning Commission [1:36:10] this is a huge issue [1:36:18] in March for the March 2022 [1:36:20] Planning Commission meeting [1:36:23] I brought to the attention of the [1:36:25] planning department staff multiple [1:36:27] errors and flaws in that set of plans I [1:36:30] hired two independent Architects to [1:36:32] review the plans uh [1:36:35] examples include measurement between the [1:36:38] houses were inaccurate that's important [1:36:41] to the shadow study and the evaluation [1:36:44] the orientation of the Shadow sir I so [1:36:47] much apologize it has been 10 minutes [1:36:48] I'm going to give you 30 seconds which [1:36:50] I'll do as well to the other side [1:36:53] um but if you could okay [1:36:56] presentation back up [1:37:00] okay [1:37:02] so the solution that I want to propose [1:37:04] that would be a shared sacrifice is you [1:37:07] can see in blue there that you can find [1:37:10] the Second Story addition to the [1:37:12] southeast wing it is [1:37:15] perpendicular to the path of the sun [1:37:17] where the north Wing is parallel that's [1:37:18] why it blocks so much sun the [1:37:20] perpendicular will have less impact on [1:37:22] us and we don't expect zero impact we [1:37:25] just don't agree with you know there's [1:37:28] too much impact now he has room on three [1:37:31] sides of the house there to expand the [1:37:33] first story [1:37:34] he can get uh all they can get [1:37:39] maintain the desired square footage they [1:37:41] can reduce the visual impact for the [1:37:43] neighborhood by reducing the the amount [1:37:46] of a second story mass and mitigate the [1:37:48] shadow impact and privacy concerns for [1:37:50] us at 1251 Clara thank you very much I [1:37:53] appreciate that thank you for your time [1:37:55] and and your information that you [1:37:57] provided to us with that I'm going to [1:38:00] move to the uh [1:38:02] applicant presentation step forward [1:38:22] just so we you'll have the laptop that [1:38:25] you can reference or set it on your [1:38:27] clock but you will have 10 minutes but [1:38:28] obviously to be fair [1:38:30] um you'll have 10 minutes and 30 seconds [1:38:32] but my room but I want to be fair and [1:38:35] Equitable to everybody yeah that'd be [1:38:37] great thank you [1:38:41] yeah and and you tell me if you wish a [1:38:45] minute warning or if you if if you don't [1:38:47] yeah actually [1:38:49] um give me uh once it gets to about six [1:38:52] minutes give me a warning uh the [1:38:54] homeowners would like to speak a little [1:38:55] bit too so you want to add a six minute [1:38:57] you want to know yeah I'm gonna keep [1:38:59] doing this again because it'll be within [1:39:02] the 10 minutes so even though you're [1:39:04] pausing and the person's coming there's [1:39:06] some walking time you to understand that [1:39:09] you might want to bring them up closer [1:39:12] okay so that you don't want to waste [1:39:14] time on somebody walking up because I'm [1:39:16] just trying to look out for everybody [1:39:19] okay and as city clerk would you help be [1:39:22] mindful of that it's a six minute Mark [1:39:24] that he wishes to know and uh you tell [1:39:26] us when you're ready and the time will [1:39:27] begin okay cool sounds good the only [1:39:30] thing I just want to make sure is that [1:39:31] the slides work can we fill those up [1:39:34] real quick before we start the timer [1:39:35] we'll get the present up there I'll make [1:39:37] sure I can actually uh go forward and [1:39:40] back [1:39:43] okay looks like it's working [1:39:45] I'm ready whenever uh you [1:39:47] guys are [1:39:50] good yeah I'm ready let's go thank you [1:39:53] okay [1:39:55] all right thank you everybody uh thank [1:39:57] you mayor vice mayor and council members [1:40:00] um there was quite a a lot of [1:40:01] accusations and I'm going to try to [1:40:05] answer as most of those as I can [1:40:07] um but I guess before I get into that [1:40:10] let me just quickly [1:40:12] answer the first one we did our best to [1:40:15] mitigate [1:40:16] the shading and everything that [1:40:20] 1251 says that we were impacting so I'm [1:40:23] going to click and as you can see in the [1:40:25] red that's basically the original design [1:40:27] the red was what was deleted from the [1:40:29] design and that includes a deck and also [1:40:31] the north side and on top of that we [1:40:34] thought in good faith that we would also [1:40:36] remove the room too so it would allow [1:40:38] them a better view from their bedroom [1:40:39] and so we removed that too and so that's [1:40:42] what's in the green [1:40:44] and so what ended up happening is we [1:40:47] also were at a commission meeting where [1:40:49] they presented us with a design that [1:40:52] placed more weight at the south of the building and that's what we also did [1:40:58] and that's how we ended up with the [1:40:59] current design [1:41:03] so this is going to just illustrate that [1:41:05] a little bit better so that we're all [1:41:07] clear so the dotted lines is what was [1:41:10] deleted from the original [1:41:11] and then also the green line is what was [1:41:13] added [1:41:17] so one more time [1:41:21] so all of that was removed right there [1:41:23] in the red that's been shaded [1:41:26] as well as we change the size of those [1:41:28] windows and over here [1:41:30] we're going to show that again of the [1:41:32] total amount that was removed [1:41:35] and the room that was removed was right [1:41:37] there so we were hoping that by removing [1:41:40] that it would uh [1:41:42] make everything a little bit better [1:41:43] um but you know we're here now [1:41:46] so [1:41:49] all right so this brings us to uh the [1:41:52] main points that Tyson made and I think [1:41:55] his presentation the majority of it [1:41:57] focused on the shadows and how it [1:42:00] impacts his backyard we've tried to [1:42:02] explain to him multiple times uh in in a [1:42:05] and do meetings privately as well as [1:42:08] during the commission meetings so I [1:42:09] would like to illustrate this one more [1:42:11] time very clearly so as you can see in [1:42:13] the red that is the first level of the [1:42:15] house that red is the existing shade of [1:42:19] the house the first three slides that [1:42:21] you see is in the summer time and that [1:42:23] green portion is actually the the shade [1:42:27] that's caused by the second floor [1:42:30] um so during the summer time I don't [1:42:32] think there's any issues as you can see [1:42:33] once it hits noon uh there isn't really [1:42:36] nothing on [1:42:38] Tyson's property so Equinox is on the [1:42:41] next three slides so as you can see the [1:42:43] red there is is basically what the [1:42:47] existing house Shadows casting and so [1:42:50] there's some pink hatchlines as well as [1:42:52] the green that is the shadow that will [1:42:55] be added onto the existing Shadow at 9am [1:42:59] but once it hits 12 o'clock the shadow [1:43:02] will recede and it will as you can see [1:43:04] it goes where the red is existing and [1:43:07] the green is uh the second floor and I [1:43:10] like to make a note that in the photos [1:43:12] and everything the green Shadow isn't in [1:43:15] their main backyard area so by 12 [1:43:18] o'clock the Shadows already moved aside [1:43:21] and then by three o'clock all Shadows [1:43:24] off their property and I think one of [1:43:25] the major contentions was actually [1:43:27] during winter time so we ended up doing [1:43:30] a few more sun studies to illustrate [1:43:34] um or so they have a better view of all [1:43:36] this so for 9 A.M it's uh all the shadow [1:43:40] that's cast is actually by the first level so there isn't really [1:43:47] any second floor level Shadow casted uh [1:43:51] so on the second slide that little bit [1:43:53] of green and then then that's already I [1:43:55] believe at 10 o'clock it's real rotated [1:43:57] out and you guys you can see it's none [1:44:01] of it's really hitting their backyard [1:44:03] and I think one of the things that Tyson [1:44:06] said that the information that I'm [1:44:08] providing is not accurate or potentially [1:44:10] not accurate and I'd like to make it [1:44:12] very clear that on on the staff report [1:44:14] on page 135 actually show all the [1:44:17] calculations of how I re I did the [1:44:20] length in a triangle showing how the [1:44:23] shade links are done and all that [1:44:25] information can be [1:44:27] compared to on online solar calculators [1:44:30] okay so you're seeing the time okay copy [1:44:33] that okay [1:44:33] um well okay one one more minute and [1:44:35] then oh [1:44:36] all right what else we got um [1:44:40] no no let me make sure I got everything [1:44:44] um [1:44:46] okay okay well [1:44:49] so I'll move away from the shadows and [1:44:51] let's just talk about the house so the [1:44:53] way that the properties are laid out [1:44:56] um I wanted to illustrate on this slide [1:44:58] that there's [1:45:01] a lot of foliage everywhere [1:45:03] um as you can see in the red arrow [1:45:04] that's a pretty large set of foliage so [1:45:08] a lot of the Shadows do come from there [1:45:10] once we get past the the noon [1:45:13] um so let me show you [1:45:19] again this is their backyard those trees [1:45:22] and everything uh cast quite a bit of [1:45:25] Shadows [1:45:27] um so I just want to I just want to make [1:45:29] sure that everybody understands that the [1:45:31] project site itself [1:45:33] is prone to shadows and so and the [1:45:37] purpose of all those other slides was [1:45:38] just to show that [1:45:40] the Shadows actually created by the [1:45:42] second floor isn't that large as shown [1:45:46] in the green [1:45:48] but yeah that's that's how I go um yeah [1:45:54] hi I'm Kevin I'm the owner of 1261 [1:45:56] Claremont [1:45:58] um [1:46:00] I'll I'll start my course [1:46:03] so healthier hello honor I just want to [1:46:06] say that it's nice to actually have a [1:46:08] chance in person to get to meet our [1:46:09] mayor uh vice mayor council members city [1:46:13] manager and assistant manager I think [1:46:15] Peter unless you finally meet you uh [1:46:17] Michael [1:46:20] um [1:46:22] thank you all and events for your time [1:46:23] our neighbor Tyson Murphy has a right to [1:46:25] State how he feels about the subject I [1:46:27] respect his right but certainly don't [1:46:29] discount all the actual efforts and [1:46:30] resources we put into this project this [1:46:32] house for the past uh more than one year [1:46:35] all the efforts to get all the efforts [1:46:37] to get the approval of the house and [1:46:38] definitely feel free to ask Brian and I [1:46:40] any questions [1:46:41] through any of those pages uh I would [1:46:45] definitely want to answer you guys if [1:46:48] you guys have any questions and [1:46:51] I'm just going to enter and pass it on [1:46:54] to my wife thank you [1:46:59] good evening uh council members and [1:47:01] staff [1:47:02] um thank you for your time so we've been [1:47:04] living in San Bruno since 2013 and when [1:47:07] I was pregnant in 2020 we decided to [1:47:09] look for a house [1:47:11] since we were going to have a baby so in [1:47:13] 2021 we were really lucky to find 1261 [1:47:17] Claremont out of all the competition you [1:47:20] know we were able to purchase this [1:47:21] fixer-upper [1:47:23] and we were hoping to move in by [1:47:25] Christmas of last year but now our sun [1:47:28] is two and a half almost and we're still [1:47:30] living in a one bedroom condo just The [1:47:32] Shelter Creek a few blocks away and you [1:47:34] know it's really difficult to have a two [1:47:37] and a half year old in a one-bedroom [1:47:38] condo and um [1:47:41] there's nowhere for him to run [1:47:42] especially in the winter when it's like [1:47:44] ringing almost every day [1:47:46] so you know it's very frustrating to see [1:47:50] that our property is sitting empty just [1:47:52] a few blocks away [1:47:54] because of uh some Shadows preventing us [1:47:58] from moving in and I mean I don't want [1:48:01] to repeat what the architecture [1:48:03] architect said and planning commissions [1:48:05] they've been through this you know many times and I just really hope that [1:48:10] we can move forward with our life [1:48:11] because I was planning to have another [1:48:13] baby but you know this whole setback I [1:48:16] don't know what's going on so [1:48:18] um yeah so please I I hope we can [1:48:21] continue with our Remodel and finally [1:48:23] get to enjoy our home thank you so much [1:48:28] thank you is there any time remaining [1:48:30] sir [1:48:32] little undertale [1:48:34] a little under two minutes left is there [1:48:37] any final comments this is the one [1:48:38] opportunity no we're all good okay then [1:48:41] I've been told by the applicant that [1:48:43] their presentation has concluded [1:48:44] therefore both presentations have [1:48:46] concluded this is the last opportunity [1:48:48] for those here in the audience to put [1:48:50] forward any speaker cards but now we'll [1:48:51] turn it over to any public comments so [1:48:53] the clerk will read your name please [1:48:55] step forward to the podium and you will [1:48:57] have up to three minutes [1:48:59] and city clerk will be keeping time [1:49:01] thank you [1:49:03] give me one moment let me just reset the [1:49:06] timer [1:49:22] okay I have one two three and I mean [1:49:25] sorry four in-person speaker cards [1:49:27] I will be calling in John McLaughlin [1:49:31] as well as Joanne [1:49:35] next one is s-bomb [1:49:38] and the fourth is Terence Lee [1:49:52] thank you [1:49:54] am I I'm live [1:49:56] uh Mr Mayor and council members uh thank [1:49:59] you for hearing me [1:50:00] um [1:50:01] I'm here to speak in support of the [1:50:03] Murphys and seek changes that will [1:50:06] address their legitimate concerns by way [1:50:08] of background I've known I knew the [1:50:10] prior owner I've known him for over 50 [1:50:12] years and I remember him telling me how [1:50:15] delighted he was to sell the place which [1:50:17] had been continuously occupied before he [1:50:19] sold it versus a number of years so it [1:50:22] was not a teardown [1:50:24] uh but he was delighted because the [1:50:26] purchaser uh needed to make a 1031 [1:50:29] exchange for tax purposes so he was [1:50:32] quite happy with the price he got and [1:50:34] quite happy to be moving on from the [1:50:36] house [1:50:38] but I'd like to each of you to take a [1:50:40] minute [1:50:41] and sit in the place of the Murphys [1:50:43] you've already heard from the applicant [1:50:45] about their situation and their small [1:50:47] apartment but you need to appreciate how [1:50:49] things look from the Murphy's home [1:50:52] you've just purchased the home of your [1:50:54] dreams looking forward to living in San [1:50:56] Bruno your daughter playing in the [1:50:58] backyard virtually by accident you learn [1:51:02] a massive expansion the house next door [1:51:05] is going through the approval process [1:51:07] you didn't receive the notice [1:51:09] you speak up examine and find the [1:51:12] applicant's package is peppered with [1:51:14] errors and omissions a chart was shown [1:51:17] up there of these various meetings those [1:51:19] little boxes really don't do those [1:51:21] meetings Justice you could spend a [1:51:23] couple hours on each of those meetings [1:51:25] dissecting them dissecting the issues [1:51:28] that came up and the errors that came up [1:51:30] sometimes found by staff quite often [1:51:33] found by The Murphys or by The [1:51:35] Architects [1:51:36] that they'd retained and a lot of those [1:51:39] were identified a lot of those were [1:51:41] corrected [1:51:42] you speak up you examine you find the [1:51:45] applicant's package is peppered with [1:51:46] errors and emissions and will damage you [1:51:48] and I think Tyson Murphy has made it [1:51:51] very clear how he feels that will damage [1:51:53] him [1:51:54] back to package goes only to return with [1:51:57] some errors corrected some created new [1:52:00] ones and evidence of the potential [1:52:02] damage to your quiet enjoyment of your [1:52:04] home in the meantime you've encouraged [1:52:07] significant costs to bring forward [1:52:08] correct information you become [1:52:11] optimistic in the commission conveys an [1:52:13] expectation that the applicant meet with [1:52:16] you and develop an agreeable path [1:52:18] forward you become frustrated over the [1:52:20] lack of responsiveness to your essential [1:52:23] concerns back the package goes through [1:52:26] the Architectural Review sent forward to [1:52:28] the commission with a we've done all we [1:52:30] can do comment and approved one thing is [1:52:34] missing the additional concerns of the [1:52:37] Murphys were not addressed [1:52:40] to be accurate many changes were made to [1:52:42] the design it does look better than the [1:52:45] first try if the first try had looked [1:52:47] like this and the applicant had been [1:52:50] willing to actually work with the [1:52:51] Murphys I'd like to Hope real progress [1:52:54] could have been made to correct features [1:52:57] damaging the Murphy's quality of life [1:52:59] thank you thank you for your comments [1:53:03] thank you for being mindful of the time [1:53:05] appreciate [1:53:10] good evening I'm Joanne McLaughlin [1:53:14] um we're at 1281 Claremont so just a [1:53:17] couple houses away [1:53:19] I just like to emphasize the residential [1:53:22] guidelines [1:53:23] that when the city [1:53:26] um [1:53:27] wrote up these guidelines clearly their [1:53:31] intent was to preserve Sun access as [1:53:35] much as possible [1:53:36] you know if the diet in your materials [1:53:40] there's the diagram showing the [1:53:41] two-story house shading completely the [1:53:44] one-story house next door that's the [1:53:46] situation that we're in even though the [1:53:51] they have done the they have moved the [1:53:53] house addition over a little bit the net [1:53:56] effect is it's still shading the house [1:54:00] even as the architect said all morning [1:54:03] the mornings are being shaded and this [1:54:05] is an important time in your life I mean [1:54:08] it's it's half the time you know that's [1:54:10] till noon that's a big part of your day [1:54:13] it's important [1:54:15] um and just my question is [1:54:18] why do the leaves have the blessings of [1:54:22] the city of the Planning Commission [1:54:26] to diminish the Murphy's enjoyment of [1:54:30] their house [1:54:32] I mean why are there rights greater than [1:54:36] the existing homeowner the home people [1:54:39] that live there [1:54:40] the um in the one-story house [1:54:44] the other my other issue is that yes [1:54:47] this has taken a long time but you [1:54:49] should have you should have been at [1:54:50] those meetings [1:54:51] the initial the initial trying to get it [1:54:56] out right project [1:54:59] um they bought the house May 27th they [1:55:02] had this to the Planning Commission at [1:55:04] August 19th so they threw this together [1:55:06] really fast [1:55:08] they didn't go out and measure they just [1:55:10] did Google Maps you know the estimated [1:55:13] where how close it was to the fence it [1:55:17] was all guesstimating and the [1:55:20] neighborhood was very upset because it [1:55:22] was so massive it's just larger than any [1:55:25] other house in our neighborhood [1:55:27] and it was very sloppy and so that's why [1:55:32] there was revision and revision and [1:55:34] revision but yet even though that has [1:55:37] all been done [1:55:39] and even though the architect is saying [1:55:41] oh we'll now see this is very little [1:55:43] effect is coming from the second floor [1:55:47] you should have heard [1:55:49] I know that Tyson has photographs [1:55:51] showing that [1:55:53] in the morning he is getting sun in the [1:55:56] winter time even though the one-story [1:55:58] house is there it is coming through so [1:56:00] when the second story is built on that's [1:56:03] going to cause him to have [1:56:06] to lose his sunshine in the morning and [1:56:10] you know we all miss the sunshine these [1:56:12] days we really [1:56:14] we want sunshine thank you thank you for [1:56:17] your comments next speaker please [1:56:21] next speaker is s bomb [1:56:39] Sharon bomb Claremont Drive [1:56:41] Mr mayor council members [1:56:45] I've lived in this neighborhood for 60 [1:56:47] years [1:56:49] I've seen a lot of things happen I've [1:56:51] seen houses rebuilt I've seen houses [1:56:54] added on [1:56:57] um this house that is proposed at 1261 [1:57:03] the house the Murphy's house and I don't [1:57:06] even know the Murphys I don't know [1:57:08] really either [1:57:09] and the house behind [1:57:12] 1261 they are literally going to be [1:57:17] smothered by this Edition [1:57:20] it's just way too big it doesn't blend [1:57:24] in with the neighborhood it looks like a [1:57:26] hotel [1:57:27] because it's sitting out there on the [1:57:30] corner these houses when they were built [1:57:33] 65 plus years ago they were all one [1:57:38] level ranch style homes [1:57:41] this certainly doesn't [1:57:44] blend in with the neighborhood at all [1:57:46] where it's located [1:57:48] and I agree with the Murphys that it [1:57:52] impedes on their privacy [1:57:56] um it seems to be really close to the [1:58:00] property lines [1:58:02] um [1:58:03] perhaps [1:58:05] the leaves should have had a little more [1:58:07] foresight before they purchased this [1:58:10] house if in the end they wanted such a [1:58:13] big big home [1:58:16] but it just it doesn't fit [1:58:19] on that corner [1:58:21] thank you for your comments next speaker [1:58:26] please [1:58:28] next speaker is Terence Lee [1:58:42] hmm uh thank you everybody [1:58:46] I'm not prepared to speak until the last [1:58:49] minute [1:58:51] I believe science [1:58:53] and I still remember 40 something years [1:58:57] ago I come to cebuno I studied in [1:58:59] Skyline College [1:59:01] and I went to San Jose State Company San [1:59:03] Bruno San Francisco [1:59:05] I do encourage my son Terry to start a [1:59:09] family in San Bruno [1:59:10] because this is the first city I come [1:59:13] 47 years ago [1:59:16] I have a question for Kevin [1:59:20] are you doing this whole for profit are [1:59:23] you doing this for development he said [1:59:25] no [1:59:27] it's for the Sun [1:59:29] for the family [1:59:30] I love it good [1:59:33] now Mr Murphy about concerned about the [1:59:35] tree I love tree [1:59:37] one of the trees I grow [1:59:40] in San Francisco just blow up [1:59:42] by the wind two days ago [1:59:45] 37 years ago [1:59:48] first I wonder [1:59:50] how much Mr Murphy is low about the tree [1:59:53] how old is the chick what kind of tree [1:59:55] is this [1:59:56] and then secondly about the sunlight [1:59:59] if I Mr Murphy [2:00:01] I'll be very kind to the neighborhood [2:00:03] and tell them don't pan any tall tree [2:00:06] next to the fans between the both houses [2:00:10] for the Privacy for the Sun Life well [2:00:13] I'm gonna keep fighting for something [2:00:15] so minor [2:00:17] which only a few minutes in the winter [2:00:21] time [2:00:22] that's what I want to say and hopefully [2:00:26] everybody understand [2:00:29] you want to be about [2:00:33] home in San Bruno and I hope the city of [2:00:37] San Bruno willing to accept [2:00:39] the Bibles of all different people young [2:00:42] people old people [2:00:45] thank you for your comments next speaker [2:00:50] please [2:00:52] no other speaker cards and no remote [2:00:55] hands are raised okay this is the last [2:00:57] opportunity for anybody in the audience [2:00:59] or anyone that is uh watching us via [2:01:02] Zoom [2:01:03] it's once we move forward there will be no [2:01:07] other public comments uh city clerk no [2:01:10] other hands are raised all right thank [2:01:12] you and seeing none here in the audience [2:01:13] to me that is sufficient at this time [2:01:16] what we will do now is we will bring it [2:01:17] back to the city council for now their [2:01:20] questions and or deliberation [2:01:22] interaction [2:01:24] colleagues [2:01:26] first we'll go to council member Salazar [2:01:28] uh before uh [2:01:30] and he comes I I did want to disclose [2:01:35] um relationships as it was advice that [2:01:37] we do and I did want to uh say that I do [2:01:40] know the McLaughlin's I've known them [2:01:42] for a long time I've uh worked closely [2:01:44] with John on on projects since the [2:01:46] explosion I also uh know Miss Sharon [2:01:49] Baum we've served on a committee [2:01:50] together to [2:01:52] Dole out the donations that were given [2:01:55] as part of that uh donation so I do I do [2:01:58] know those parties then so I just wanted [2:02:00] to disclose that and I do we're being [2:02:03] and I will say I know the McLaughlin's [2:02:05] and and maybe it's because I've lived [2:02:07] around town a long time and uh and for [2:02:09] Miss bomb I also know her she's probably [2:02:11] taught a lot of uh tiny tot uh uh Folks [2:02:15] at the recreation center where I worked [2:02:17] so [2:02:19] um now but I have not talked to either [2:02:21] of them in regards to this project but I [2:02:24] was I know you didn't hear me I was [2:02:25] saying I remember for the tiny taught [2:02:27] teacher at the rec center and I wasn't [2:02:28] employed at the recreation San Bruno [2:02:30] Parks and Recreation but I did not talk [2:02:32] to either parties in regards to this [2:02:33] project [2:02:35] is there any other disclosures that wish [2:02:36] to be made [2:02:38] councilmember Medina [2:02:39] yes [2:02:40] um I know Miss Baum I know Mr McLaughlin [2:02:45] um from their service and from being in [2:02:47] the neighborhood I did take a phone call [2:02:50] from Mr Murphy regarding this project I [2:02:53] explained [2:02:54] that I was there to listen [2:02:57] I did not express an opinion and said I [2:03:00] was going to wait for this meeting to be [2:03:03] able to listen to what each side had had [2:03:07] to say thank you okay thank you for [2:03:09] starting out Mr Salazar all right with [2:03:12] that uh we will go to uh again questions [2:03:15] and deliberations questions from Council [2:03:17] Members I'm sorry through the mayor um [2:03:19] I'm sorry I I can't see you but thank [2:03:21] you uh Vice [2:03:23] it's fine I know it's difficult to see [2:03:25] that that so many screens when someone's [2:03:27] on screen so I I appreciate it [2:03:30] um I just wanted to uh uh disclose that [2:03:32] Mr Murphy did contact me by phone as [2:03:34] well [2:03:35] um to express his concerns [2:03:37] um I have not met Mr Murphy previously [2:03:39] uh to the short phone call we had [2:03:41] yesterday [2:03:42] um and all the uh all the information [2:03:44] presented were were uh was information [2:03:47] that was already available in the packet [2:03:49] and and presented to us tonight [2:03:52] um and um I did not ask any [2:03:55] um ask any questions to and deferred [2:03:57] that um to to tonight so thank you okay [2:04:01] thank you all right now back to [2:04:03] colleagues [2:04:04] um through the mayor may I make an [2:04:06] announcement if someone is um logged in [2:04:08] to zoom if you could disconnect the [2:04:11] microphone feature because I believe [2:04:14] that there is a echo due to that [2:04:22] okay yeah okay all right uh I'm gonna go [2:04:26] ahead and proceed okay thank you so [2:04:28] again Council this is your time for the [2:04:31] questions and deliberations colleagues [2:04:36] council member Salazar I guess I'll [2:04:38] start [2:04:39] um [2:04:40] so it is unfortunate that we're at this [2:04:43] point it is uh it's always nice when [2:04:45] neighbors can find a mutual uh [2:04:47] Arrangement up front and it doesn't have [2:04:49] to come to this but [2:04:51] um I I also realize that San Bruno is [2:04:54] completely built out and every project [2:04:57] that comes before the Planning [2:04:59] Commission is probably going to be a [2:05:02] second floor Edition [2:05:03] and it's uh almost impossible to do one [2:05:07] of those without having some sort of [2:05:08] impact [2:05:09] so it is a [2:05:12] I understand it's a sensitive situation [2:05:14] and there are you know people making [2:05:17] Investments uh with expectation that [2:05:19] they can do things uh We've set out [2:05:21] guidelines as a city that permit certain [2:05:24] things [2:05:25] and those guidelines don't necessarily [2:05:28] have every potential impact [2:05:31] played out and so that there are [2:05:33] situations that could be disadvantageous [2:05:37] uh there was a proposal [2:05:40] um that the um that Mr Murphy uh uh [2:05:45] suggested that could potentially [2:05:47] minimize the shadowing even further and [2:05:50] so my question to staff [2:05:52] um first is uh were those uh [2:05:56] modifications [2:05:58] proposed and reviewed by the Planning [2:06:01] Commission and could something like that [2:06:04] be accomplished with uh minimal impact [2:06:07] to the project cost [2:06:18] please go ahead and you're welcome to [2:06:20] stay up there too just in case there are [2:06:21] questions please yes [2:06:27] okay there we go yes uh thank you [2:06:31] council member the uh the the diagram [2:06:33] that uh the appellant showed uh with the [2:06:37] image we believe is new but the but the [2:06:39] idea of [2:06:42] rearranging the where the addition is [2:06:45] being put is something I was raised at [2:06:48] prior meetings [2:06:51] the [2:06:52] that would be pretty much a complete [2:06:55] redesign it is not completely outside [2:06:58] the realm of of possibility but they're [2:07:02] certainly added at a time in cost to the [2:07:05] applicant [2:07:11] thank you [2:07:13] all right uh Mr Salazar has concluded [2:07:15] other questions uh from colleagues [2:07:22] uh through the mayor uh vice mayor [2:07:24] Hamilton [2:07:26] thank you so [2:07:28] um [2:07:31] council member Salazar is correct this [2:07:33] is that this is uh unfortunate to have [2:07:36] to [2:07:36] um to come here because you know [2:07:38] regardless of the decision made tonight [2:07:40] you know there's going to be [2:07:43] um a severe disappointment on one side [2:07:45] so it's it's [2:07:46] um uh it's it's unfortunate but this is [2:07:50] um that's come to this [2:07:52] so you know through the through the [2:07:56] um initial staff report and then the two [2:07:59] presentations we're getting a lot of [2:08:02] conflicting information about the [2:08:04] shading about what you know what what [2:08:06] the actual impact is and [2:08:09] it's [2:08:11] the the presentation that we received [2:08:13] from the um from the applicant [2:08:16] um [2:08:17] you know there's you know seem to [2:08:20] demonstrate that there's you know [2:08:22] there's already a lot of there's already [2:08:23] a lot of shading as it is right now even [2:08:25] without any addition and you know the [2:08:28] um the additional shade that will be [2:08:30] provided there has staff [2:08:33] analyzed that and to verify that the [2:08:37] accuracy of that [2:08:41] Mr vice mayor uh we have we have looked [2:08:44] at the data we've looked at the diagrams [2:08:46] uh we have not looked into the math and [2:08:49] the engineering and and calculations [2:08:52] involved but the results do appear to be [2:08:56] what we would think they would be uh [2:09:00] looking at these type of shade and [2:09:02] Shadow studies are not actually an [2:09:04] application requirement and and thus [2:09:07] this is was kind of an extra ask of the [2:09:09] Planning Commission uh and it's not [2:09:10] something that we have the capacity to truly go out and [2:09:16] verify unless uh we were to hire a [2:09:19] consultant to peer review uh [2:09:22] that work [2:09:24] I understood [2:09:26] and then [2:09:27] um I'm sorry you know vice mayor do you [2:09:30] and I'm and I know the remote makes it a [2:09:32] pause here can you just mind holding the [2:09:34] city manager had wanted to add something [2:09:37] certainly thank you Andrew I just wanted [2:09:41] to note that um in the appellants [2:09:44] presentation there was a picture of what [2:09:47] the shading is today uh which did align [2:09:50] very much to the data that was presented [2:09:53] by the applicant showing that their [2:09:56] today without the addition there is a [2:09:58] lot of shading just from the existing [2:10:01] first story in the winter at [2:10:04] approximately 9 A.M and so [2:10:07] the council member or vice mayor [2:10:09] mentioned that there appeared to be a [2:10:11] incongruence in some of the data but in [2:10:14] what we saw today from both the [2:10:17] appellant and the applicant I think [2:10:18] there was congruence that there is [2:10:20] significant shading during the winter on [2:10:23] most of the side slash rear yard [2:10:27] at around 9 A.M and so that's just with [2:10:31] one story yes it will be slightly [2:10:33] increased but from the picture that I [2:10:34] think we all saw their significant [2:10:37] shading already [2:10:39] yeah and thank you city manager uh thank [2:10:41] you for uh pausing uh vice mayor please [2:10:43] go ahead [2:10:44] sure and then the the other um concern [2:10:48] regarding privacy [2:10:50] um in the appallance uh presentation [2:10:54] not a lot of time was was spent there um [2:10:58] except to say that a window it was [2:11:00] basically that a window is a window [2:11:03] um the [2:11:05] you know in my time on the on the [2:11:07] Planning Commission I served on the [2:11:08] Planning Commission before [2:11:09] um joining the city council [2:11:12] um you know it was like it was a fairly [2:11:14] common practice in these situations [2:11:16] where you've got a a two-story Edition [2:11:19] going up next to a one-story [2:11:22] um uh neighbor [2:11:24] to do these clustery windows with the [2:11:27] high high sill meaning that through the [2:11:31] normal [2:11:33] you know usage of of a room unless [2:11:36] you're unless you're [2:11:39] um [2:11:39] tall and or you know deliberately [2:11:43] looking up out the window you're not [2:11:45] going to be you know gazing down into [2:11:47] your into your neighbor's yard and this [2:11:49] is a this is a fairly common [2:11:51] um uh mitigation that that we've seen on [2:11:54] these editions [2:11:56] um councilman Salazar was correct you [2:11:57] know whenever you're doing a uh a [2:12:00] two-story addition next to a one story [2:12:02] home there's going to be impacts and [2:12:05] um [2:12:06] I would have liked to have seen a little [2:12:08] more you know [2:12:10] [Music] [2:12:12] I guess uh [2:12:14] opinion or evidence on on the the [2:12:17] Privacy impact after the the change of [2:12:21] the windows [2:12:23] um I guess that's it for me for for now [2:12:25] thank you [2:12:29] other questions uh councilmember Alvarez [2:12:32] please [2:12:33] Mr Mayor [2:12:34] um I just want to add that I agree with [2:12:36] the city manager I believe that the [2:12:38] applicant has presented their case very [2:12:42] well [2:12:42] with regards to the orientation of the [2:12:46] sun [2:12:47] compared to the summer summer season and winter the orientation of the sun is [2:12:54] basically in in between that's why on [2:12:57] the presentation of of the applicant [2:12:59] basically shows very little Shadow so I [2:13:03] don't see any [2:13:05] um any uh big impact on the shadowing [2:13:08] issue for the purpose Edition when it [2:13:12] comes to the uh the Privacy I think the [2:13:16] optigan had [2:13:17] um [2:13:18] meant that you know all the requests [2:13:21] from from the repellent [2:13:25] um just to [2:13:26] you know um [2:13:28] give the uh the height a little bit [2:13:31] higher and and also um based on what um [2:13:35] vice mayor Hamilton mentioned that [2:13:37] unless you're tall and your intention is [2:13:39] to look down [2:13:41] um I don't think it would be an issue on the Privacy matter [2:13:46] with one addition we have a regular [2:13:48] window that basically anybody can look [2:13:51] at and through the through the through [2:13:53] the neighbor and we don't see that being [2:13:56] an issue as for privacy issue because [2:13:59] it's it's a an eye level a high level of [2:14:03] an individual so I don't see any um [2:14:07] issue when it comes to the Privacy [2:14:09] either based on on the applicant's [2:14:12] presentation thank you [2:14:15] any other questions or comments [2:14:16] councilmember Medina yes thank you Mr [2:14:18] Mayor [2:14:19] um I think [2:14:22] my colleagues covered a lot [2:14:25] um [2:14:27] of the concerns and and the real reality [2:14:31] that when somebody's building a second [2:14:33] story Edition [2:14:35] and I can tell you from personal [2:14:37] experience it's happening at my house [2:14:39] right now [2:14:41] the applicant is [2:14:43] they're building the house and as I look [2:14:45] up I'm I'm like wow that didn't look [2:14:50] like that on the plans and I could [2:14:51] understand that [2:14:53] because property owners have rights [2:14:58] to have a second story we have the [2:15:00] guidelines [2:15:01] that attempt to [2:15:03] create [2:15:05] more of a acceptable level [2:15:09] and the key words that I'm looking at [2:15:11] here are [2:15:13] um minimize [2:15:14] and reduce step back [2:15:18] um and has met the daylight plane [2:15:21] guideline [2:15:22] and that's what I'm feeling is probably [2:15:26] one of the most important thing here is [2:15:27] this is our guideline [2:15:31] um so I my question would be to staff [2:15:34] and also to explain to the public this [2:15:37] is the first time in seven years that [2:15:38] I've I've sat in on a an appeal of of a [2:15:44] property it doesn't happen very often [2:15:47] so [2:15:48] reducing compared to minimizing is a really really strong [2:15:54] word [2:15:55] um [2:15:56] but [2:15:57] legally I would like to hear from our [2:16:00] City attorney about [2:16:03] um [2:16:04] those those words because I believe that [2:16:08] the attempt to reduce and someone could [2:16:11] say to minimize [2:16:13] um has been made [2:16:16] now if if it was possible [2:16:19] um to move the house a little further [2:16:23] over [2:16:24] during the second round that would have [2:16:27] probably been Optimum [2:16:29] um I understand the the idea about the [2:16:31] windows as well because looking out of [2:16:33] my bedroom window I can see there's a [2:16:36] window on the on the the house that's [2:16:38] next door but [2:16:41] houses need to have Windows and it's [2:16:44] just something to be aware of and and [2:16:47] it's more of a reality so I think I've just wanted to to bounce to the [2:16:53] legal side of things to make sure those [2:16:56] are covered and that the effort has been [2:16:59] made [2:17:01] by meeting the guideline which wasn't [2:17:03] met before [2:17:05] and [2:17:06] um the accuracy [2:17:10] because it's kind of a I agree with the [2:17:13] vice mayor said we heard kind of two [2:17:15] different things that it was it barely [2:17:17] reduced it but hearing from the [2:17:20] applicant that the shades are already [2:17:22] there [2:17:23] um so [2:17:25] just one second so let's see how that [2:17:29] goes if you don't mind Mr no no Trisha [2:17:31] Ortiz City attorney so [2:17:34] um I will probably kick it back over to [2:17:36] staff to discuss the guidelines but I [2:17:38] think what you're talking about were the [2:17:39] guidelines which aren't necessarily the [2:17:41] legal parameters the legal parameters [2:17:43] are when we look at [2:17:45] approving the project which is you have [2:17:49] to be able to make the findings that are [2:17:51] in your code and those are the findings [2:17:54] that have all been laid out in the staff [2:17:57] report as well as the resolution so [2:18:00] um I think the guidelines it's probably [2:18:02] more appropriate for staff to talk about [2:18:04] how they view the guidelines because as they were saying they're not hard and [2:18:09] fast rules they are just what they say [2:18:11] they are which is guidelines and you [2:18:13] look to okay factually how do we apply [2:18:15] these guidelines what's the practice and [2:18:17] things like that [2:18:21] foreign [2:18:28] they're both going to the same way [2:18:31] um it it doesn't say come up again [2:18:34] um but if uh respond further yes I have [2:18:38] noted that when you do a second story [2:18:42] you are going to have impacts [2:18:45] and that and so [2:18:48] um if the intent of the guidelines were [2:18:52] to minimize to zero then there would be [2:18:55] these these number of guidelines [2:19:00] suggesting wholesale avoid one is you [2:19:04] have a two-story wall and you have an [2:19:06] offset on it the other is is the [2:19:09] daylight plane [2:19:11] one of the statements of of the [2:19:13] appellant is the daylight plane isn't [2:19:15] doing enough [2:19:19] the daylight plane reflects what the [2:19:21] council in 2010 said was enough it's a [2:19:24] big document and as I said there's a [2:19:26] number of guidelines and you really have [2:19:28] to take a look at the whole package all [2:19:30] together [2:19:31] knowing that perfectly meeting every [2:19:34] guideline is probably never going to [2:19:36] happen but are you meeting the intent [2:19:39] are you doing as much as what a update [2:19:49] now you answered the question I mean [2:19:51] thank you I think my colleague said [2:19:56] asked most of the questions and that was [2:19:58] about the the shadowing and there was two topics that came up Mr [2:20:02] Murphy was the shadowing and the privacy [2:20:03] and I and I a lot of time was spent on [2:20:05] the shadowing [2:20:06] um and I know that there is going to be [2:20:08] an effect it's [2:20:10] as was stated earlier a one story and a [2:20:13] two-story there's an effect in which and [2:20:16] it's trying to minimize it's not going [2:20:18] to ever eliminate and I think [2:20:20] um in my time here I'm trying to think [2:20:22] of and also an appeal that's come [2:20:23] forward [2:20:25] um [2:20:26] I share Mr Murphy's concerns because his [2:20:29] movie may not be an option and and [2:20:32] building is and I do know there are that [2:20:34] those things do occur what I do to try [2:20:37] to meet somewhere [2:20:39] um but in which that I do appreciate [2:20:42] that we're making a statement that I [2:20:43] didn't have any questions there are no [2:20:45] more questions from Council council [2:20:47] member Salazar yes so [2:20:49] um [2:20:50] there was a an initial design that was [2:20:53] rejected by the Planning Commission and [2:20:55] then a subsequent one and what was the [2:21:00] um the measurement that was that made [2:21:04] the difference for the Planning [2:21:05] Commission what what did they see the [2:21:07] one thing I think it was a combination [2:21:09] of of items uh and when you take [2:21:12] together pushing the Second Story wall [2:21:14] further away from the neighbor and [2:21:18] meeting the daylight plane bringing the [2:21:20] height down a little bit and shortening [2:21:23] the length of that Second Story [2:21:26] I I think the Planning Commission looked [2:21:29] at well you know if you put [2:21:32] there really isn't much more to do other [2:21:34] than uh [2:21:36] prescribe that it the second story has [2:21:38] to be in a certain place which uh I [2:21:41] believe our Planning Commission didn't [2:21:43] believe was appropriate in this case to [2:21:46] force the applicant to do that [2:21:52] no further questions for staff [2:21:54] um I'll ask if please feel free to sit [2:21:56] down anything else from uh okay so we're [2:22:00] back to the point of uh our deliberation [2:22:02] and our action [2:22:05] um I'm gonna ask the City attorney uh [2:22:07] just so you can State I mean I know the approving would overturn the appeal [2:22:12] but I just want to make it abundantly [2:22:13] clear yeah mayor Medina City Council [2:22:16] Members the motion to approve the [2:22:20] resolution would be a motion to approve [2:22:24] the project [2:22:27] there are alternative uh courses of [2:22:30] action that the staff has outlined in [2:22:33] the staff report which means for denial [2:22:36] or you could [2:22:38] request that the appellant that the [2:22:40] applicant makes certain modifications to [2:22:42] the project design and refer the project [2:22:44] back to the Planning Commission but the [2:22:46] recommended motion is to approve the [2:22:49] resolution which would approve the [2:22:51] project and provide the necessary [2:22:52] findings [2:22:54] thank you very much for doing I just [2:22:56] wanted us all to understand what action [2:22:58] and what that will interpret and mean [2:23:00] for it so is there any uh action [2:23:04] from the council in regards to this [2:23:06] appeal [2:23:14] chair I'm sorry council member Salazar [2:23:16] yeah and um as I stated earlier it is uh [2:23:20] regrettable when neighbors have [2:23:22] conflicts like these but based on the [2:23:24] fact that uh the Planning Commission [2:23:27] who has the expertise in this [2:23:30] approved and I have to make a motion to [2:23:33] um to approve [2:23:35] the resolution as it's presented [2:23:38] is there hold on no and uh you you've [2:23:42] had your your time and I'm I'm sorry uh [2:23:45] there's a motion on the floor is there a [2:23:46] second I'm sorry a second [2:23:48] okay and I apologize Mr Murphy [2:23:51] um uh motion by Salazar seconded by [2:23:54] Alvarez is everybody understand the [2:23:55] motion [2:23:57] then there will be a roll call please [2:24:00] councilmember Alvarez yes council member [2:24:04] Marty Medina yes council member Salazar [2:24:07] yes vice mayor Hamilton [2:24:10] yes mayor Rico Medina yes [2:24:15] the resolution of motion has passed by a [2:24:17] 5-0 vote thank you for your time here [2:24:20] thank you for your your input [2:24:24] and with that yes sir sorry sir I'm [2:24:28] sorry sorry [2:24:31] um with that [2:24:33] um a five minute break to do that and [2:24:35] then we will come back [2:24:37] so we will be in recess for five minutes [2:24:39] to allow everybody to depart and our get [2:24:42] settled for the next uh situation or the [2:24:44] next part of the agenda thank you [2:25:14] [Music] [2:25:21] foreign [2:25:23] [Music] [2:25:50] foreign [2:25:56] [Music] [2:26:27] foreign [2:26:46] [Music] [2:26:56] foreign [2:27:51] [Music] [2:28:02] foreign [2:28:04] [Music] [2:28:32] foreign [2:28:39] [Music] [2:29:12] foreign [2:30:51] [Music] [2:30:58] foreign [2:31:10] [Music] [2:31:41] thank you [2:31:46] [Music] [2:32:07] foreign [2:32:14] [Music] [2:32:43] foreign [2:32:48] [Music] [2:33:18] foreign [2:33:20] [Music] [2:33:47] foreign [2:33:50] [Music] [2:34:01] [Applause] [2:34:02] [Music] [2:34:26] foreign [2:34:27] [Music] [2:34:57] foreign [2:35:07] [Music] [2:35:42] foreign [2:36:11] no no no no no no [2:36:24] [Music] [2:36:29] no no no no no no [2:36:32] ah [2:36:34] [Music] [2:36:37] foreign [2:36:43] [Music] [2:37:09] foreign [2:37:21] [Music] [2:37:41] foreign [2:37:47] [Music] [2:38:23] thank you [2:38:27] [Music] [2:38:44] foreign [2:39:05] [Music] [2:39:45] thank you [2:39:49] okay [2:39:54] all right thank you for your patience [2:39:57] we're back from our recess and we are [2:40:00] now going to be on item 8 and it will be [2:40:02] the study session [2:40:05] oh hi Darcy Smith assistant city manager [2:40:08] hold on hold on [2:40:10] um the assistant city manager was very [2:40:12] excited for this topic but let's uh [2:40:14] we'll have the city clerk read it and [2:40:15] then we'll turn it over to the assistant [2:40:16] city manager [2:40:18] item 8A conduct study session and [2:40:21] provide comments on the draft safe [2:40:23] routes to school plan [2:40:25] yes this is a very exciting item that [2:40:28] we've been waiting for for a while [2:40:29] because safe routes to school is very [2:40:31] important to everyone in the community [2:40:33] it affects us all so with that I'll turn [2:40:36] over to Matt Lee our Public Works [2:40:37] director who's gonna kick off this item [2:40:39] and I apologize I know it's late it's a long item but we have a lot of [2:40:44] really meaty details that we wanted to [2:40:45] present to you as this is a study [2:40:47] session [2:40:48] thank you thank you Mr Lee good evening [2:40:50] mayor Medina members Council uh like [2:40:53] assistant city manager Smith said this [2:40:55] is a very exciting item I'm actually [2:40:56] excited about it too it's a long time [2:40:59] coming uh it's about a year in the [2:41:01] making [2:41:02] um and the study session is for the safe [2:41:05] routes to school plan which I think we [2:41:07] all can agree on uh which is making safe [2:41:09] routes for children's to to walk or find [2:41:12] alternative modes of transportation to [2:41:14] school I am going to be here tonight to [2:41:17] kind of set the stage for the plan [2:41:19] itself I have Jeff Knowles here from [2:41:21] Alta planning to kind of go through the [2:41:23] meat and potatoes of the of the [2:41:25] presentation itself and Anna Morales of [2:41:28] our team to be able to answer any [2:41:30] questions later if you guys have it [2:41:32] uh in terms of the agenda like I said [2:41:35] we're going to go through those items [2:41:36] what I wanted to do was to actually talk [2:41:39] about the background uh as you all know [2:41:42] uh the city was awarded a Caltrans Grant [2:41:45] in 2020 of approximately 250 000 uh that [2:41:50] Grant was to allow us to develop a [2:41:52] city-wide safe route to school plan [2:41:54] which was uh developed within this past [2:41:58] year starting back in November 2021 [2:42:01] this plan is actually a really great [2:42:05] example of how the community can come [2:42:07] together and develop a plan that works [2:42:09] for everybody it involved multiple [2:42:11] stakeholders various schools and members [2:42:14] of the community [2:42:15] so without further Ado I would like to [2:42:19] bring Jeff Knowles up to talk about the [2:42:22] plan itself [2:42:24] foreign [2:42:25] welcome and thank you for your patience [2:42:28] thank you thank you members of council [2:42:30] mayor of staff and members of the public [2:42:32] who are joining us my name is Jeff [2:42:33] Knowles I'm with Alta planning and [2:42:35] design of principal and our Oakland [2:42:36] office it's been my pleasure to be be [2:42:38] your project manager in the safe routes [2:42:40] to school plan [2:42:43] my agenda tonight is to walk you through [2:42:45] the project overview talk about the [2:42:47] safety analysis that was conducted the [2:42:49] community engagement that we went [2:42:50] through for this plan uh the walk Audits [2:42:53] and then really get into the findings [2:42:54] recommendations that were prioritized [2:42:56] and then Matt's going to come back and [2:42:58] talk to you about next steps and where [2:42:59] you go from here [2:43:02] to the project overview [2:43:04] favorites to school is a comprehensive [2:43:06] program to make school communities safer [2:43:08] especially for people students who are [2:43:10] walking or bicycling we do that by a [2:43:13] combination of engineering Solutions and [2:43:15] education and encouragement activities [2:43:17] that will hopefully encourage people to [2:43:19] take that active choice [2:43:23] the project involved objective data [2:43:25] analysis focused on safety listening to [2:43:28] Community member concerns and their [2:43:29] ideas observing traffic patterns and [2:43:32] behavior [2:43:33] based on those findings we developed [2:43:35] priority Improvement recommendations [2:43:37] the plan is not funded or commits the [2:43:40] city to any funding rather it sets the [2:43:42] city up to make wise Investments and [2:43:45] compete for grant funding from the [2:43:46] county from MTC and other state funding [2:43:50] sources [2:43:53] we partnered with many schools Bel Air [2:43:56] Allen Rollingwood John Muir and Portola [2:44:00] elementary schools Parkside intermediate [2:44:02] cappuccino high and St Robert Catholic [2:44:05] Palos Verdes and El Portal schools we [2:44:08] also there are a couple schools that [2:44:09] were partially participating that means [2:44:11] they were involved that we had [2:44:12] recommendations but we didn't they [2:44:13] didn't get the full Suite of involvement [2:44:15] Highlands Christian School Stratford and [2:44:17] monteverdi were three they were added as [2:44:20] parsley participating [2:44:23] started oops excuse me [2:44:27] we started this process in Winter of [2:44:29] 2022 where the schools were identified [2:44:31] we had our first Community Workshop in [2:44:33] the spring we conducted our walk audits [2:44:35] we initiated our community surveys we [2:44:38] met with ptos and ptas that's [2:44:40] parent-teacher organizations and [2:44:42] associations and started identify draft [2:44:44] recommendations [2:44:47] in the summer we gathered input on those [2:44:49] recommendations we revised them [2:44:51] prioritized them and created the draft [2:44:53] plan [2:44:54] this fall we shared the draft plan with [2:44:57] the public we revised it based off of [2:44:59] input we received from school [2:45:01] administrators and for members of the [2:45:02] public we produced a final draft plan [2:45:05] that is here tonight for city council [2:45:07] study session [2:45:08] the final plan will be presented for [2:45:11] city council adoption tentatively [2:45:13] February 14th [2:45:19] I'm going to talk a little bit about [2:45:19] safety analysis which was one of our big [2:45:21] factors in coming up with [2:45:22] recommendations we analyzed vehicle [2:45:25] pedestrian and collision data on the [2:45:27] city's roadways and produce the map that [2:45:29] you see on the screen the roads in blue [2:45:32] and purple have the most significant [2:45:34] safety challenges the analysis [2:45:36] highlighted areas that had the most [2:45:37] severe collisions involving Youth and crashes [2:45:41] that involve vulnerable Road users that [2:45:43] is people walking or bicycling [2:45:45] the results that you see here align with [2:45:47] what we've seen in other jurisdictions [2:45:49] most crashes occurring along busier [2:45:51] streets and in denser roadway networks [2:45:53] you can see that around Skyline [2:45:55] Boulevard here and also along and east [2:45:58] of El Camino Real [2:46:03] our community engagement involved online [2:46:05] and in-person engagement so for online [2:46:08] we had a project website we developed [2:46:11] that project website with San [2:46:13] bruno.ca.gov safe routes if measure the [2:46:15] public are watching or watching later [2:46:17] they can still go to that website and [2:46:19] get information about the plan [2:46:21] we had a survey interactive map we had [2:46:24] information about upcoming events and a [2:46:26] contact form [2:46:28] this is a screen capture of the [2:46:29] interactive web tool where residents [2:46:31] could share their preferred walking or [2:46:33] bicycling routes from home to school [2:46:35] they also could add points to identify [2:46:37] challenging locations along those routes [2:46:42] we made presentations to over 70 parents [2:46:45] and staff at PTO meetings at Allen [2:46:48] Rollingwood John Muir and Portola we [2:46:51] actively tried to get on the agendas for [2:46:53] all the different ptos some of them were [2:46:55] less active than others and these are [2:46:56] the ones that invited us to come and [2:46:58] present [2:47:01] we heard from over 400 residents through [2:47:04] the survey responses and half of those [2:47:06] were parents and students that lived [2:47:08] within a mile of school so that's a [2:47:09] great distance for walking and bicycling [2:47:11] the top three concerns we heard were [2:47:13] speeding traffic along the Route [2:47:15] uncomfortable intersections and too much [2:47:17] traffic along the Route [2:47:20] in addition to that in-person online [2:47:22] engagement we conducted walk audits [2:47:26] this is a practical oops sorry this is a [2:47:29] practical exercise where our staff of [2:47:31] Transportation planners and Engineers [2:47:32] worked with City staff District staff [2:47:35] School administrators and parents to [2:47:38] observe biking and walking we looked at [2:47:41] how people were able to cross streets [2:47:42] observed any potential safety issues how [2:47:45] drivers interacted with students in [2:47:47] walking and biking and we conducted [2:47:49] these with for the nine fully [2:47:51] participating schools [2:47:55] so now I'm going to talk to you about [2:47:56] the findings and recommendations we [2:47:59] developed site-specific recommendations [2:48:00] those recommendations are in two [2:48:02] different buckets infrastructure [2:48:04] projects and non-infrastructure programs [2:48:07] examples of infrastructure projects [2:48:09] include painting high visibility [2:48:10] crosswalks [2:48:12] like the image shown here this is [2:48:14] converting maybe a two parallel lines or [2:48:16] transverse crosswalks into this ladder [2:48:18] style these are painted yellow these are [2:48:21] to Mark the high visibility crosswalks [2:48:23] in school zones [2:48:25] another type of infrastructure that [2:48:27] we're recommending are curb extensions [2:48:29] you can see an example here where we've [2:48:31] bold out the corners this is important [2:48:34] to increasing visibility especially for [2:48:36] smaller students at the corners [2:48:38] increases the visibility between drivers [2:48:40] and people waiting to cross it also [2:48:42] reduces the exposure of people out in [2:48:44] the middle of the street it also another [2:48:46] benefit is that it slows down cars [2:48:49] taking turns at Corners there's another [2:48:51] style that you can do which is a paint [2:48:52] and post there's an example here where [2:48:55] you just have flexible bollards and [2:48:57] paint that goes down this could be an [2:48:58] interim low-cost solution as you're [2:49:00] looking for funding for that higher cost [2:49:02] full concrete solution in the previous [2:49:04] image [2:49:06] other examples infrastructure could [2:49:08] include stop signs or completing studies [2:49:10] that you need to add stop signs or [2:49:13] painting red no parking curbs I heard a [2:49:16] comment at the speaker or the from the [2:49:18] public earlier today about this desire [2:49:21] this is something that comes up [2:49:22] repeatedly in the plan of creating these [2:49:24] visibility zones for people crossing the [2:49:27] streets [2:49:30] most touristic most jurisdictions lean [2:49:32] heavily on engineering Solutions what I [2:49:34] want to point out is this plan balances [2:49:36] that with non-infructure programs [2:49:39] it includes a comprehensive list of [2:49:41] these infrastructure programs such as [2:49:43] Walk and Roll to school days [2:49:45] walking school buses which you can see [2:49:48] here parents volunteering to walk their [2:49:50] kids to school and pick up other kids [2:49:52] along the way [2:49:53] other ideas like encouraging families to [2:49:56] park and walk to school for those that [2:49:58] can't maybe walk the entire distance [2:49:59] this is a way to kind of cut that in [2:50:01] half driver awareness campaigns and bike [2:50:03] rodeos which include skills training for [2:50:06] kids [2:50:07] yeah [2:50:08] this image is from a series of one page [2:50:11] one pages that we created for school [2:50:12] Partners looking to get involved in [2:50:14] safer programming the same information [2:50:17] is shared in the safe rates of school [2:50:19] plan starting on page 19. we include a [2:50:21] program description [2:50:23] planning resources and program examples [2:50:26] potential partners and responsible [2:50:28] agencies and the timing or seasonal [2:50:31] considerations for each of the programs [2:50:34] one program that has strong interest is [2:50:36] the crossing guard program Matt Lee is [2:50:38] going to come back and share with you [2:50:40] some of the discussion about the [2:50:42] crossing guard program [2:50:47] thanks Jeff a little bit about the [2:50:49] crossing guard program just so we recall [2:50:52] on the October 11th council meeting [2:50:53] there was a discussion of a student [2:50:56] pedestrian Crossing safety on Niles [2:50:58] Avenue and in that meeting the there was [2:51:01] a it was brought to the attention [2:51:03] Council that Crossing cards were [2:51:05] provided at three locations the one [2:51:07] location at Crystal Springs and Oak [2:51:09] Avenue [2:51:11] was optimized for student safety and so [2:51:14] the discussion had there [2:51:16] at that time the police chief was [2:51:18] directed to kind of go take a look back [2:51:21] at the crossing guard program that memo [2:51:23] is attached in this staff report and uh [2:51:25] the the biggest takeaway is uh to add [2:51:28] additional crossing guards would be [2:51:29] approximately twenty thousand dollars [2:51:31] per year per location and require [2:51:33] Amendment to the current budget and the [2:51:35] appropriate funds needed for that [2:51:36] contract now I handed it back to Jeff to [2:51:41] talk about the city-wide infrastructure [2:51:44] recommendations [2:51:47] thanks Matt so before I share the draft [2:51:50] school specific recommendations the plan [2:51:52] has three city-wide infrastructure [2:51:54] recommendations [2:51:55] first we recommend lowering speed limits [2:51:57] to 15 miles per hour in school zones [2:52:00] the second is to look at what policy [2:52:02] changes are necessary to make it easier [2:52:04] for staff to add always stops in school [2:52:07] zones [2:52:08] and finally adding Street trees and [2:52:11] green storm water infrastructure at the [2:52:13] same time that safety improvements go in [2:52:15] when funding allows [2:52:18] the city of San Bruno and the districts [2:52:20] served in this plan do not have [2:52:23] unlimited financial resources or staff [2:52:25] capacity so recognizing that [2:52:27] implementing every recommendation in the [2:52:30] plan may not be feasible [2:52:32] therefore we put we went through a [2:52:34] prioritization process to identify the [2:52:35] highest impact and lowest cost projects [2:52:38] this plan uses the following criteria to [2:52:40] select those high priority projects [2:52:42] across the city and for each School [2:52:45] the first is location projects and [2:52:47] locations with the greatest risk [2:52:49] indicated by that Collision analysis [2:52:51] that I shared with you previously [2:52:53] second was efficacy there have been many [2:52:55] studies about how efficient or you know [2:52:57] effective different treatments are and [2:53:00] reducing crashes and so that was [2:53:01] something we looked at [2:53:03] and then the third and final criteria [2:53:05] was cost so this is where we scored [2:53:07] lower cost projects higher [2:53:09] I'll walk through uh now I'm going to [2:53:12] walk through each school's high priority [2:53:13] projects I'm not going to go through all [2:53:15] 92 just the high priority ones for each [2:53:17] school that way you can come back with [2:53:19] any questions you have [2:53:22] after reviewing Community input and [2:53:24] conducting a walk audit at Allen [2:53:26] Elementary we found that cars moved [2:53:28] quickly on Lyndon Elm and Angus ABS we [2:53:30] also didn't find a need for crosswalk [2:53:31] improvements at intersections near the [2:53:33] schools near the school based on the [2:53:36] findings the plan recommended nine [2:53:38] infrastructure projects [2:53:40] the three high priority projects at [2:53:42] Allen are shown in the map in red at [2:53:44] number four on Angus Avenue where the [2:53:46] plan recommends making the school drop [2:53:48] off Loop a write-in right out only for [2:53:51] vehicles the other two high priority [2:53:53] recommendations are number six at [2:53:55] Genevieve and Acacia Ave and number [2:53:57] seven at Genevieve and Cypress ABS the [2:53:59] plan recommends studying adding all [2:54:01] waste stops and then also adding red [2:54:03] curb near the crosswalks at both of [2:54:05] these locations [2:54:09] at Bel Air Elementary findings from the [2:54:11] walk audit and Survey are consistent [2:54:13] with the school safety assessment [2:54:14] conducted in 2019 [2:54:16] specifically concerns about congestion [2:54:18] at the school entrance on Third Avenue [2:54:20] and around the loading zones and [2:54:22] speeding into and out of the school [2:54:24] parking lot connecting to First Avenue [2:54:30] the planning effort was more extensive [2:54:31] than the previous School assessment as [2:54:33] such these findings are consistent with [2:54:35] the previous work and in some cases [2:54:36] Provide support for more robust [2:54:38] Solutions the plan recommends 11 [2:54:40] improvements around Bel Air [2:54:42] high priority recommendations include [2:54:44] numbers three and four shown in red on [2:54:46] the map which focus on improving [2:54:47] conditions where the school drop-off [2:54:49] Loop meets Lions Park number three adds [2:54:52] a sidewalk connection into Lion's Park [2:54:54] parking lot to connect the school with [2:54:57] the existing pedestrian path towards the [2:54:58] south side of the Lot Number Four adds a [2:55:00] raised crosswalk and a right in right [2:55:03] out style directive to slow and simplify [2:55:05] vehicle movements at that location [2:55:08] recommendations two and six also clarify [2:55:10] pedestrian right-of-way by making a [2:55:12] crosswalk across the driveway around the [2:55:14] school [2:55:20] the walk audit and our survey feedback [2:55:22] at cappuccino highlighted long [2:55:24] uncomfortable Crossings especially to [2:55:26] the east of Campus on El Camino Real [2:55:29] people also noted the rolled curb on on [2:55:32] the sidewalks that allowed cars to park [2:55:34] and block the sidewalk making it [2:55:35] challenging for people to walk in some [2:55:38] areas around the school [2:55:41] plan recommends 11 projects at [2:55:43] cappuccino [2:55:45] the high priority improvements are [2:55:47] mostly along El Camino Real you can see [2:55:48] this on 7 8 and 11. those include mostly [2:55:52] adding always stops and recommending [2:55:55] straightening the right turn Lanes to [2:55:57] align with the street to improve [2:55:58] visibility and slow [2:56:00] turning traffic [2:56:05] yeah John Muir a walk audit participants [2:56:07] noticed significant congestion along [2:56:09] crestmore Drive leading North from the [2:56:11] school along with the other Drive driver [2:56:13] behavior and conditions that made it [2:56:15] challenging to Cross crestmore Drive [2:56:17] additional Community input reinforced [2:56:19] Crossing difficulties at existing marked [2:56:22] and unmarked crosswalks [2:56:24] so therefore we came up with 10 [2:56:25] improvements at Muir the highest [2:56:27] priority improvements are focused on [2:56:28] making it easier for students and [2:56:30] community members across crestmore drive [2:56:32] at Cambridge Lane close to the school [2:56:35] recommendation you can see number four [2:56:37] includes an all-way stop warrant study [2:56:40] and then recommendation six adds Boll [2:56:43] alerts or posts to create a hardened [2:56:46] Center Line on Cambridge Lane [2:56:47] approaching the school entrance [2:56:51] foreign [2:56:54] schools these are County run special [2:56:56] education facilities where the student [2:56:58] body is bussed to campus their walking [2:57:01] and biking needs are somewhat limited as [2:57:02] a result however school officials on the [2:57:05] walk audit share that students [2:57:06] frequently crossed Commodore Drive to [2:57:08] access the park across the street and [2:57:10] would benefit from improved [2:57:11] accessibility and ease of that Crossing [2:57:16] we have four recommendations at the [2:57:18] school site the high priority project is [2:57:20] located on Commodore Drive at the school [2:57:21] entrance and includes painting a high [2:57:24] visibility crosswalk across the driveway [2:57:26] and realigning the curb ramps to make [2:57:28] the entrance to the school grounds more [2:57:31] accessible [2:57:34] at Parkside walk audit participants and [2:57:36] Community input noted significant [2:57:38] digestion and double parking along Niles [2:57:41] Avenue adjacent to school which made it [2:57:43] difficult for students to cross from the [2:57:45] adjacent neighborhood genevine Ave was [2:57:48] also identified as a barrier for [2:57:49] students Crossing from neighborhoods to [2:57:51] the north with heavy or fast traffic and [2:57:54] uncomfortable intersections the project [2:57:56] team also explored potential connections [2:57:59] to the South to dissipate some of the [2:58:02] congestion on the north side of the [2:58:03] school [2:58:06] of the nine recommendations [2:58:08] projects that worksite for them are high [2:58:11] priority two recommendations numbers [2:58:12] eight and nine along genevine Ave at [2:58:15] Cedar and Cherry Ave include paint and [2:58:18] post curb extensions and high visibility [2:58:20] crosswalks to make it easier to cross [2:58:22] Genevieve while an always-stop warrant [2:58:25] study is also recommended at Cedar lined [2:58:28] up with the school entrance [2:58:29] recommendation 4 also involves a stop [2:58:31] warrant study to create better Crossing [2:58:33] opportunities at the school entrance [2:58:35] recommendation number seven at Donner [2:58:37] Ave and Palomar Court include conducting [2:58:40] a stop warrant study with second tier [2:58:42] recommendations to install high-vis [2:58:44] crosswalks [2:58:48] the walk audit at Portola and Community [2:58:50] input noted and comfortable conditions [2:58:52] walking along Amador Avenue due to foggy [2:58:55] conditions and lack of street lights the [2:58:57] project team also heard concerns about [2:58:59] Crossing at busy intersections towards [2:59:02] and including Skyline Boulevard that [2:59:03] serve as a barrier for students and [2:59:05] caregivers about and about visibility [2:59:09] concerns that the existing Crossing on [2:59:10] Amador near the school entrance [2:59:13] we have five recommendations at Portola [2:59:15] the highest priority recommendation is [2:59:17] to increase pedestrian accessibility [2:59:20] and visibility at the school entrance on [2:59:22] Amador Ave by adding curb ramps and a [2:59:24] high visibility crosswalk as well as [2:59:26] reinforcing simplified traffic flow with [2:59:28] right in right out only Flex posts [2:59:34] the largest opportunity for improvement [2:59:36] shared by The Rolling one Community was [2:59:38] the current traffic congestion during [2:59:40] pickup and drop-off due to Vehicles [2:59:42] parked on Cottonwood Drive knowing that [2:59:44] Rolling Wood is slated to close at the [2:59:46] end of the 22-23-3 school year the [2:59:48] project team also looked at connections [2:59:50] to other neighborhoods at the periphery [2:59:52] of rolling one school zone [2:59:55] of the six recommendations at [2:59:57] Rollingwood three are high priority the [2:59:59] first and easiest is to implement [3:00:00] recommendation number two on the map [3:00:02] priveting marketing parking along [3:00:04] Cottonwood where the pot pick up and [3:00:06] drop off cues form a bottleneck the [3:00:08] other two high priority projects are [3:00:10] adding high visibility crosswalks and [3:00:13] exploring traffic calming along [3:00:14] Rollingwood Drive [3:00:18] at St Robert Elementary project team [3:00:20] heard from Community about traffic [3:00:21] moving quickly and a need for traffic [3:00:23] calming along Oak Avenue as well as [3:00:26] Crossing concerns at Oak and Niles and [3:00:28] Oak and Crystal Springs [3:00:30] during the walk audit the project team [3:00:31] had similar observations and also noted [3:00:33] challenging pedestrian visibility around [3:00:36] the many entrances and exits of school [3:00:37] and church parking lots along Oak and [3:00:40] Crystal Springs [3:00:42] the plan recommends 13 projects around [3:00:45] St Roberts and the highest priority [3:00:47] recommendations are related to [3:00:48] pedestrian visibility along and at [3:00:50] Crystal Springs Road near Oak Avenue [3:00:57] Highlands Christian School this is the [3:00:59] first of the three partially [3:01:00] participating schools that did not [3:01:01] receive a walk audit however conditions [3:01:04] observed during the Portola Elementary [3:01:05] walk audit informed recommendations [3:01:07] nearby at Highlands as you can see [3:01:09] portola's shown here just up the street [3:01:12] on on Amador Ave recommendation number [3:01:16] one it's a high priority to increase [3:01:18] pedestrian visibility at the school [3:01:19] entrance by extending the red curbs on [3:01:21] Amador Ave and Monterey Drive [3:01:23] second high priority project number two [3:01:26] is exploring the addition of traffic [3:01:27] calming elements to Monterey Drive such [3:01:29] as speed feedback science which are the [3:01:31] signs that light up to tell you how fast [3:01:32] you're going [3:01:33] adding speed humps or visually nearing [3:01:35] the travel Lanes by striping The Edge [3:01:37] Lane of parking [3:01:39] all of the traffic calming would need to [3:01:41] adhere to the city's traffic calming [3:01:43] program [3:01:45] monteverdi is another school that the [3:01:47] project team did not conduct a full walk [3:01:49] audit however we sent our engineering [3:01:52] team out there to look at observations [3:01:54] and came up with additional [3:01:56] recommendations a high priority is here [3:01:58] at [3:01:59] um Saint Cloud and Fleetwood Drive the [3:02:02] plan recommends conducting an always [3:02:03] stop warrant study painting high [3:02:05] visibility crosswalks on all legs of the [3:02:07] intersection installing paint and post [3:02:09] curb extensions and extending the length [3:02:12] of the adjacent no parking zones [3:02:16] Stratford school is the final partially [3:02:19] participating school and like the others [3:02:22] did not receive a full audit but from [3:02:24] the input we received from the public we [3:02:26] came up with a series of recommendations [3:02:28] high priority number one on the map is [3:02:30] extending no parking zones around the [3:02:33] existing crosswalk at the school [3:02:34] entrance [3:02:35] number three is to evaluate install [3:02:39] traffic calming devices along crestmore [3:02:41] drive this is one that came up quite a [3:02:44] bit from public input on recommendations [3:02:47] for the school [3:02:49] so in summary we've prioritized 22 high [3:02:52] priority projects at a cost of just [3:02:54] under five hundred thousand dollars 38 [3:02:56] medium priority projects at 2.1 million [3:02:59] dollars and 32 lower priority projects [3:03:02] at 4.9 million dollars a total of 7.5 [3:03:06] million dollars altogether these are all [3:03:09] planning level cost estimates and [3:03:10] additional design is needed to further [3:03:12] refine these costs we believe you can [3:03:15] accomplish all high priority projects [3:03:17] with a single Grant from San Mateo [3:03:19] County Transportation Authority through [3:03:20] their measure a w program additional [3:03:23] City and external grants will be needed [3:03:24] for the rest [3:03:26] Matt's going to come back and going to [3:03:28] share a list a short list of [3:03:29] opportunities that we think the city [3:03:30] will be competitive for screen funding [3:03:32] and then walk you through next steps [3:03:37] thanks Jeff so [3:03:40] in terms of funding opportunities we [3:03:43] really try to be opportunistic for plans [3:03:45] like this once we get the plan going and [3:03:48] it's adopted by Council we take every [3:03:50] opportunity we can with existing [3:03:52] projects to implement some of these [3:03:53] low-hanging fruits and then with that [3:03:57] there are also grant opportunities that [3:03:59] we keep our eyes out on there's federal [3:04:00] grants such as safe routes Safe Streets [3:04:03] on roads for all there's various state [3:04:05] grants and as Jeff mentioned there's the [3:04:07] local grants of San Mateo County measure [3:04:10] a w as well and then there's always our [3:04:12] own CIP funds if if there are any that [3:04:16] would um be be able to be utilized with [3:04:20] those types of funds I now pass it back [3:04:22] to Jeff uh to oh sorry I apologize and [3:04:26] so uh so those are the funds that we [3:04:28] have for tonight the fiscal impact there [3:04:31] is no fiscal impact for you guys to [3:04:33] receive the the plan itself uh we [3:04:36] already as we mentioned earlier had a [3:04:38] grant to uh develop the plan [3:04:41] um and so there would be no cost for [3:04:43] this actual plan uh and finalizing it [3:04:45] the next steps we have is to receive the [3:04:47] input from Council uh and the project [3:04:50] team can finalize the safe routes to [3:04:52] school plan and bring it back for [3:04:53] Council adoption at a future meeting [3:04:56] so tonight's action is just for you to [3:04:59] provide us with any comments you have on [3:05:00] the plan itself or we're able uh to [3:05:03] answer any questions that you and you [3:05:06] all may have [3:05:08] thank you both very much for the report [3:05:10] and at this time we'll ask any uh [3:05:13] comments or questions comments or [3:05:15] questions from Council at this time [3:05:18] councilman Medina [3:05:22] um [3:05:24] it's amazing really [3:05:26] um just wanted to thank everyone [3:05:27] involved for for this I know [3:05:32] numerous people in our community are [3:05:34] concerned about you know the topic not [3:05:37] only around schools but the additional [3:05:39] speeding and [3:05:42] impairments to line of sight at [3:05:45] intersections where there's just so many [3:05:47] cars now that our roads weren't designed [3:05:50] to have that many cars and now [3:05:53] people are parking and blocking the line [3:05:55] of sight and and [3:05:57] um [3:05:59] I'm looking forward to implementing some [3:06:01] of these things I'm concerned of course [3:06:03] of the cost just like everything else [3:06:05] [Music] [3:06:05] um [3:06:06] were trying to do our best with the [3:06:09] money that we have I am encouraged by [3:06:12] the grant opportunities and [3:06:16] um as we go forward with our budget [3:06:19] to seeing how we could start taking [3:06:22] bites out of these things to making and [3:06:25] I really appreciate the [3:06:28] um the way that it's prioritized for for [3:06:30] getting the low-cost effective ones I [3:06:33] mean a lot of crosswalks back in the day [3:06:36] I I recall [3:06:39] um how we would repaint crosswalks like [3:06:43] every other year and then and and I [3:06:44] think we've kind of gone away from that [3:06:46] and there's a lot of striping that needs [3:06:48] to be done on not just the crosswalks [3:06:51] but on our streets as we heard earlier [3:06:53] today [3:06:55] so a lot of thanks for everyone [3:07:00] um and uh there's a lot now it's there's [3:07:03] a lot of work ahead so how we achieve [3:07:06] that I look forward to the budget and [3:07:08] seeing how we can get those grants so [3:07:10] thank you all for your work [3:07:12] thank you councilmember Alvarez please thank you [3:07:18] um I want to acknowledge sorry everyone [3:07:19] really quickly [3:07:22] the I think it I think it's page 24 or [3:07:25] 25 of the slides [3:07:29] so I noticed I noticed that [3:07:31] um the regular sidewalk was painted uh [3:07:34] yellow very [3:07:36] um you know very attractive and then I [3:07:39] also saw the round round design material [3:07:44] I don't know what materialism how do you determine uh what specific [3:07:49] design [3:07:51] um to use I noticed that the the blue bubble I think it's on page 24 [3:07:57] 25. very attractive actually [3:08:02] um is that [3:08:05] but it's not it wasn't used for The [3:08:08] Pedestrian though unlike the yellow [3:08:10] paint [3:08:14] um yeah I'm trying to find the photo I [3:08:16] think slide 24 [3:08:18] is slide 25 is just a concrete bulb out [3:08:22] location are you talking about that yes [3:08:24] the blue [3:08:26] blood design oh okay yeah so so uh so [3:08:29] like Jeff uh mentioned earlier these are [3:08:32] kind of the low-cost implementations uh [3:08:35] that we can kind of get out into uh the [3:08:38] into the real world uh without having to [3:08:41] spend a little too much money with the [3:08:43] final solution which is essentially the [3:08:46] concrete bulb out so uh I think what we've learned in the transportation [3:08:49] field is that we can Implement these [3:08:51] quickly [3:08:52] um and and and have them out there so [3:08:55] that they can expect so that the [3:08:57] traveling pedestrians can experience the [3:08:59] benefit prior to us finding a solution [3:09:01] of putting in actual concrete because [3:09:04] you know with the concrete work here [3:09:06] it's not just putting another sidewalk [3:09:08] out it's actually re-grading and looking [3:09:10] at the flow line for storm drainage uh [3:09:13] for for the intersection and trying to [3:09:15] make sure that that works and so that's [3:09:16] where the complications are so these are [3:09:18] kind of like Jeff said [3:09:20] um the the infrastructure improvements [3:09:23] that we can see a little more quickly [3:09:24] obviously these would be an air areas [3:09:27] where the wreck these are implemented in [3:09:29] areas where we're trying to shorten the [3:09:31] crossing distance [3:09:33] between the yellow visibility material [3:09:36] that we usually [3:09:37] see on the ram in in the sidewall and [3:09:42] they use that a lot for visibility but [3:09:44] you mentioned that you know this is also [3:09:46] as part of the reason for visibility so [3:09:49] between the two I probably would lean to [3:09:52] that the blue design the round blue [3:09:55] design very nice thank you [3:09:58] councilmember Salazar thank you sir uh [3:10:01] so one one question [3:10:03] um Matt I was wondering if you had had a [3:10:05] chance or will you at some point uh see [3:10:08] if there's an intersection between the [3:10:10] projects recommended here and projects [3:10:12] that we have in in flight or planning [3:10:15] already I was thinking you know we're going to put the the traffic [3:10:19] signals uh in front of the entrance to [3:10:22] City Park and that could have a [3:10:25] significant impact in some of the [3:10:26] recommendations that were made around St [3:10:28] Roberts and so uh you know maybe if we [3:10:32] can [3:10:33] so we could potentially prioritize [3:10:35] projects that have already either been [3:10:38] vetted or we already know that something [3:10:39] is is in the works for them [3:10:42] yeah that's a that's a great comment um [3:10:44] so uh unfortunately the projects are [3:10:47] happening on different timelines right [3:10:49] like the intercession of city park we've [3:10:50] kind of gone through the analysis to [3:10:52] determine what we were going to do at [3:10:53] that intersection and so we're moving [3:10:55] ahead with design we're in the process [3:10:57] of trying to get this plan adopted but [3:11:00] the good news is once this plan does get [3:11:01] adopted then we kind of make sure we [3:11:04] look take a look at our existing [3:11:05] projects to see where we can find [3:11:07] synergies between the recommendations [3:11:09] and what we're currently implementing [3:11:11] okay and then my my next question was [3:11:14] just you know regarding these projects [3:11:16] in general is there empirical data that [3:11:19] shows what level of participation we get [3:11:24] in communities for each of these types [3:11:26] of projects so you know what it what is [3:11:29] the real impact right because people may [3:11:31] say yeah we'd like to ride our bikes to [3:11:33] school with our kids but once once the [3:11:36] routes are in place is there any [3:11:38] evidence that people actually follow [3:11:40] through on that commitment yeah so [3:11:42] um I can bring Jeff up to talk about [3:11:44] kind of the before and after studies of [3:11:46] the plan and how we measure if the [3:11:49] infrastructure or the improvements are [3:11:51] working yeah [3:11:53] a great question again Jeff Knowles with [3:11:54] Alta this gets question asked asked a [3:11:57] lot about when we make this investment [3:11:58] are we actually see a return on that the [3:12:00] answer is yes if you combine the [3:12:02] engineering with the non-infrastructure [3:12:04] programs together they kind of work hand [3:12:06] in hand you can't just have new [3:12:07] infrastructure and hope for the best so [3:12:09] that's where this plan really marries [3:12:11] the two together in partnership with [3:12:12] school districts with other like the [3:12:15] County Office of Education provides a [3:12:17] lot of resources so I think together you [3:12:18] can see that [3:12:20] before and after studies Nationwide have [3:12:22] shown as much as a 20 increase in [3:12:24] children walking and bicycling to school [3:12:26] when there is a robust safer to school [3:12:28] program activated [3:12:30] okay thank you so it's more than just [3:12:32] build it and they will come it's more [3:12:33] than just build it and we come it has to [3:12:34] be a steady consistent investment all [3:12:37] right so well thank you and and I also [3:12:39] wanted to say that it was a very [3:12:40] impressive report I enjoyed reading it [3:12:42] so thank you [3:12:44] vice mayor Hamilton [3:12:47] uh I also agree it was very impressive [3:12:49] uh report and um very very comprehensive [3:12:53] I have a couple of of comments and then [3:12:55] a question the [3:12:57] um I'm all I'm also as as [3:13:01] um the council member Medina mentioned I [3:13:03] I'm concerned with the overall cost but [3:13:06] this is the the the in looking through [3:13:09] all of the [3:13:10] um all of the uh infrastructure [3:13:13] recommendations in the report and I did [3:13:15] that I read through every single one of [3:13:16] them [3:13:17] um I could they're all good projects [3:13:20] every single one of them they're so you [3:13:22] know I I so I appreciate that we you [3:13:24] know that we [3:13:25] um have already done the effort to [3:13:27] prioritize and and try to put some at [3:13:29] the top of the list but eventually [3:13:30] they're all going to [3:13:32] um and um so what I'm hoping that we'll [3:13:34] be able to leverage [3:13:36] um Consultants to do the bulk of the [3:13:38] design work under supervision from our [3:13:40] city staff [3:13:41] um as managers [3:13:43] um considering that especially if we're able to do these do this work [3:13:46] with one-time Grant funds [3:13:49] um [3:13:50] because it's going to take you know a [3:13:52] while to get a lot of these projects [3:13:55] um completed I I agree that the the [3:13:58] education piece [3:14:00] um is something that we need to get [3:14:01] after right away I had one question [3:14:03] regarding education and um there was a program in place when my [3:14:08] kids were in elementary school called uh [3:14:11] stop look wave [3:14:12] and I I it was and there was there was [3:14:16] Fanfare about it when it came out and [3:14:17] then then it kind of went away I don't [3:14:19] know if that was a school district [3:14:20] program or if it was a city program [3:14:24] um and basically what it was was that [3:14:26] education both for drivers and for [3:14:28] students to [3:14:30] um reduce the reduce the danger at [3:14:33] marked crosswalks meaning that when you [3:14:37] come to a crosswalk both the driver and [3:14:40] the people crossing the street [3:14:43] Endeavor to make eye contact and then [3:14:45] wait and [3:14:47] um and and then you know so then when [3:14:49] you see when you see the wave from the [3:14:50] driver you know that the driver sees you [3:14:52] and that you can cross safely [3:14:54] um I haven't heard anything about this [3:14:55] and I'm wondering if that's maybe just a [3:14:57] program that fizzled out and I just [3:14:58] wondered if if there was any mention of [3:15:00] that or or or if that came up at all [3:15:03] during the [3:15:04] um during the work to put together the [3:15:06] report [3:15:09] thank you uh councilmember Hamilton uh that is a good question uh like Jeff [3:15:15] knows indicated earlier [3:15:17] we there are various programs that you [3:15:20] can apply with the infrastructure fixes [3:15:23] uh you know with safe routes to school [3:15:25] they talk about the fivees you know [3:15:27] education enforcement and and all that [3:15:29] and so [3:15:31] um I have not specifically heard of that [3:15:33] program but the way you describe it it [3:15:35] makes sense right really the goal is to [3:15:37] make sure uh that the pedestrians and [3:15:40] the drivers see each other so there are [3:15:41] no collisions I can check with Jeff uh [3:15:45] to see if they're if he's aware of that [3:15:47] type of program [3:15:48] okay thank you there was a small [3:15:51] engineering component to it because they [3:15:53] actually painted the words stop look [3:15:55] wave in the in the in the crosswalks [3:15:58] um you know for the for the pedestrians [3:16:00] to see uh vice mayor thank you for that [3:16:03] and we've we've noted that when we were [3:16:04] doing walk on it so we saw that painted [3:16:06] on a lot of your cross so stop look wave [3:16:07] and we thought this is look at San Bruno [3:16:09] leading the way I've never seen any [3:16:10] other jurisdiction do that so I think [3:16:13] it's a good thing that we should [3:16:14] probably talk about maybe more in the [3:16:16] plan somewhere [3:16:17] um we don't know what happened to that [3:16:20] program but it's certainly part of the [3:16:21] driver awareness campaign that we did [3:16:23] call out in the plan as a as an activity [3:16:25] as part of the notification programs I [3:16:27] think the city should [3:16:28] look at most of them are Grant funded [3:16:31] through the office of traffic safety and [3:16:33] so this is one where I assume that it [3:16:35] had a grant ran its course and it's [3:16:37] probably not now it's the time to look [3:16:38] at that again so thank you okay thank [3:16:42] you for the explanation [3:16:45] thank you vice mayor uh city manager [3:16:49] thank you mayor uh Jess with stop [3:16:50] looking wave uh I am knowledgeable of [3:16:53] that stenciling that we did and um the [3:16:56] city does possess the actual stencil and [3:16:59] our staff does routinely repaint the [3:17:02] stop looking wave and certainly as we [3:17:05] look at those high priority projects we [3:17:07] can check back in with staff and see if [3:17:09] any of those crosswalks that currently [3:17:11] have it uh need a refresh and I believe [3:17:13] it was [3:17:15] I'll just say pre-covet when I last had [3:17:17] that conversation with staff and we did [3:17:19] a mini uh overtime program just to make [3:17:22] sure that um those crosswalks were [3:17:25] repainted and refreshed with stop [3:17:27] looking wave but know that we'll look [3:17:28] into that and we have that stencil and [3:17:30] that ability in-house [3:17:32] that's great through the mayor yes um [3:17:35] that that's that's great news and I'd [3:17:37] love to hear that and I would think that [3:17:40] we we Pro it's been a while so we [3:17:42] probably need to at least do some [3:17:44] Outreach to remind people what it means [3:17:47] not just not just paying it make sure [3:17:49] that it's there but remind people what [3:17:50] it actually means [3:17:52] um so that's just a suggestion thank you [3:17:55] yeah and for me uh I'll try to make it [3:17:58] brief not to um [3:18:00] also State what my colleagues have but [3:18:02] yes very detailed report I want to also [3:18:04] make mention that we're talking about [3:18:05] funding sources and obviously from the [3:18:08] San Mateo County Transportation [3:18:10] Authority funds were allocated uh for [3:18:12] this I remember voting on that [3:18:14] um and in addition obviously I'm not [3:18:16] going to speak any more about that since [3:18:18] I serve on that body [3:18:19] but also there was an item in the report [3:18:21] about SamTrans and working [3:18:22] collaboratively a lot of this report is [3:18:24] about being collaborative a lot on the [3:18:26] PTO ptas about the school district about [3:18:29] where where does that all that come [3:18:31] together as far as trying to get either [3:18:33] funding grants and or collaboration and [3:18:36] shall we say skin in the game but on the [3:18:39] SamTrans I know it alluded to cappuccino [3:18:41] and Parkside as far as having more buses [3:18:43] I want to say I can tell you that for [3:18:47] SamTrans it was a very much a direction [3:18:49] by the board of directors to have school [3:18:51] schedules aligned very much staff at the [3:18:55] transit district went out and tried to [3:18:58] reach out to all superintendents and the [3:19:01] districts I can tell you for Parkside as [3:19:04] an example they did not turn in the [3:19:06] survey but the Transit District staff [3:19:09] went online to look up the school [3:19:11] schedule and do the best they can as far [3:19:13] as with cappuccino high school it's also [3:19:16] very close to the El Camino Real route [3:19:18] so that is very much a hub as far as [3:19:22] getting to other locations and again we [3:19:25] also know the fact of everybody who [3:19:27] wants I'm sure it better in all their [3:19:30] Community but serving in the county [3:19:31] sometimes when you're adding routes then [3:19:34] some routes are going to have to go and [3:19:36] they're based on obviously ridership [3:19:38] and economics and the return so I just [3:19:42] wanted to make that comment on the the [3:19:43] two Transit District things but it is a [3:19:47] very detailed report I think council [3:19:49] member Medina might have said but you [3:19:51] know [3:19:53] it's a lot of money and so it's about [3:19:55] getting what you can get done but it's [3:19:58] also about trying to uh shall I say [3:20:00] partner with others and trying to see [3:20:02] what we can do so but thank you very [3:20:04] much for the report let me see if [3:20:05] there's anybody from the public that [3:20:08] wishes to speak on this topic [3:20:10] we do not have any speaker cards but we [3:20:13] have one hand one remote hand raised [3:20:15] Jennifer Blanco [3:20:18] and we hear from trustee Blanco please [3:20:20] Jennifer Blanco whenever you're ready [3:20:22] you may begin [3:20:25] how about now yes we can hear you oh [3:20:29] perfect okay [3:20:31] um thank you so much I um first of all [3:20:34] let me Begin by saying wishing everyone [3:20:37] um a happy New Year just unfortunate [3:20:40] that we're we started it with all these [3:20:43] atmospheric reverse storms and so stay [3:20:46] safe everyone so [3:20:48] um thank you again for allowing me to [3:20:49] speak my name is Jennifer Blanco and I [3:20:53] am one of the trustees on the San Bruno [3:20:54] Park School District I listened to the [3:20:57] whole presentation and so I do have some [3:21:00] questions so if Matt and Jeff would be [3:21:04] so gracious enough to answer my [3:21:05] questions I would truly appreciate it [3:21:08] so um Marty I do have to agree with you [3:21:12] that we as a community we have many [3:21:13] community members here who are very [3:21:16] concerned with our kids and getting them [3:21:18] safe lead to school and that also [3:21:20] includes us trustees and so [3:21:24] um my questions are [3:21:27] so um I didn't see or read anything as [3:21:31] unfortunately I'm not able to log on to [3:21:34] my laptop to watch the meeting but I'm [3:21:36] watching from my phones it's really hard [3:21:38] for me to read the presentation [3:21:41] um I didn't see anything in regards to [3:21:44] um for partnering with the bike and [3:21:49] um pedestrian committee and the reason [3:21:52] why I'm asking that is because I'm going [3:21:55] to say six or seven principles that go [3:21:57] from Parkside we did have a fatal [3:22:01] um uh accident when we had a student who [3:22:05] took off on a friend's bike and she did [3:22:07] not know that her um that the bikes [3:22:11] brakes didn't work and so she flew down [3:22:15] on Niles and head on [3:22:18] um [3:22:19] hit um an oncoming back Shield of a car [3:22:22] and [3:22:24] um she passed away [3:22:26] um I believe she was a seventh or eighth [3:22:28] grader and Sir her name is Rebecca [3:22:30] Medrano [3:22:31] um and so I know that we need a lot of [3:22:34] Education in regards to [3:22:37] um to our kids and just letting them [3:22:39] know that there's you got to be safe [3:22:41] when you're out there on the streets [3:22:43] um last year also in regarding I kept [3:22:46] hearing pedestrian disability with the [3:22:49] congestion congestion on Niles last year [3:22:52] a student ran out from between the cars [3:22:55] and it just so happened that I saw it [3:22:58] myself he ran into a car and he hit the [3:23:00] car and then he fell down to the street [3:23:03] I know a lot of Education we need we [3:23:06] need to really push that education to [3:23:09] our to all of our families throughout [3:23:11] the school district and so [3:23:13] um the other thing too is [3:23:16] um [3:23:17] so I would I was I'm just wondering if [3:23:20] um [3:23:21] if it's possible I would really [3:23:24] appreciate it if the school board could [3:23:27] have this presentation and so my my one [3:23:30] of my questions so my question was for [3:23:32] the partnership with the bike and um but [3:23:35] The Pedestrian committee and also when [3:23:37] will the school district receive this [3:23:39] presentation and thank you for the time [3:23:41] thank you very much uh trustee Blanco is [3:23:44] there any [3:23:45] plans to uh you've already been working [3:23:48] with the schools right but will they be [3:23:50] also have the availability to the [3:23:52] reporter reach out to or is that not [3:23:56] known uh so we've we've worked with the [3:23:59] schools and our bicycle pedestrian [3:24:01] advisory committee and as well as our [3:24:04] tspc uh we've worked with them as well [3:24:06] uh as part of our efforts [3:24:10] um it was we were not going as part of [3:24:13] the consultant scope we weren't going to [3:24:14] go to the school district and make a [3:24:16] presentation but [3:24:18] uh [3:24:20] you would need to have that through the [3:24:22] appropriate accounts I'm sorry city [3:24:27] manager thank you mayor um we will look [3:24:29] into uh communicating with the school [3:24:31] board and seeing if it's possible to [3:24:33] have a presentation provided to them [3:24:37] thank you [3:24:39] um and thank you very much and I also [3:24:42] wanted to say I I did I forgot with the [3:24:44] 15 Mile uh per hour I brought that up [3:24:47] and I didn't realize it was April but it [3:24:49] was a while ago and I thank all my [3:24:51] colleagues because they were concurrence [3:24:52] 100 about that that's important so those [3:24:55] are the things that I think we should [3:24:56] move on that are immediate of concern [3:24:58] and safety so but with that [3:25:01] um thank you both very much and thank [3:25:02] you for being here and being patient [3:25:05] this evening we appreciate it [3:25:07] all right thank you with the hour of 10 [3:25:10] 30 at this time uh we as our new policy [3:25:13] is we have conduct a business and [3:25:16] comments from Council Members which [3:25:19] would mean we would normally conclude at [3:25:20] 11 [3:25:21] unless we have a motion and a vote to [3:25:24] exceed that so I just want to be as is [3:25:27] it more than just a check-in and and [3:25:29] then if we get close we will see that [3:25:31] Council wants to exceed the time [3:25:33] thank you sir [3:25:35] but again if you if we haven't taken [3:25:37] action or began the topic prior to 11 [3:25:39] then that will need to be extended so [3:25:41] with that why don't we move to conduct [3:25:43] of business [3:25:48] item nine a introduce read by title and [3:25:51] wave further reading of an ordinance [3:25:53] adding chapter 2.33 to the San Bruno [3:25:56] Municipal Code adopting local [3:25:58] contribution limits for city council [3:26:01] elections [3:26:03] a City attorney I was going to say you [3:26:05] could have done it there but [3:26:16] hello mayor Medina and City Council [3:26:18] Members I'm returning to you with our [3:26:21] item on considering a ordinance to [3:26:24] establish local campaign contribution [3:26:27] limits [3:26:31] there it is [3:26:35] foreign so here's an outline of what I'm [3:26:39] going to be discussing I'm going to give [3:26:40] you a little bit of background an [3:26:41] overview of the uh the regulations [3:26:45] the proposed ordinance and then a [3:26:47] recommended action [3:26:54] so as you'll recall back in March of [3:26:57] 2022 you held a study session on a [3:26:59] number of potential ballot items [3:27:01] including whether or not you would like [3:27:05] to establish campaign contribution [3:27:07] limits [3:27:08] um as part of that study session you [3:27:10] directed staff to come back with a [3:27:12] ordinance not to create not to have a [3:27:14] ballot measure but instead to consider [3:27:17] an ordinance of the city council [3:27:19] we brought that ordinance back to you [3:27:21] December 13th of 2022 you considered it [3:27:25] um and raised questions about a [3:27:28] provision prohibiting Anonymous [3:27:30] donations [3:27:32] and requested staff to to return with an [3:27:35] ordinance that does not impose [3:27:36] requirements that are in addition to the [3:27:39] existing requirements in the political [3:27:41] reform act and I'll get back to that [3:27:44] after just giving continuing to give you [3:27:47] a little bit of a background about the [3:27:48] ordinance so as you may recall in 2021 [3:27:53] there are beginning in 2021 the state [3:27:57] established local camp or Statewide [3:28:00] campaign contribution limits that apply [3:28:02] by default when a city has not already [3:28:05] enacted its own local limits the default [3:28:08] contribution was four thousand nine [3:28:11] hundred dollars for the years 2021 and [3:28:14] 2022 and the legislation provides for [3:28:17] that amount to be adjusted [3:28:20] every two years for inflation so it was [3:28:23] just recently updated and the new limit [3:28:26] is 5500. [3:28:30] um and then when you were looking at [3:28:32] this we presented you with a table [3:28:34] showing the various local campaign [3:28:37] Finance regulations for cities in nearby [3:28:42] on the peninsula here [3:28:46] the ordinance that we provided [3:28:49] um [3:28:50] provides a prohibits contributions from [3:28:53] a person to a candidate in excess of [3:28:55] five hundred dollars [3:28:56] the limit does not apply to [3:28:58] contributions of a candidate's own [3:29:00] personal funds to a candidate's own [3:29:01] campaign and it requires a statement to [3:29:04] be included on all campaign [3:29:07] contributions solicitations here's the [3:29:10] there's the uh the notice I won't read [3:29:13] it it's also in the ordinance [3:29:16] um [3:29:17] the ordinance does not apply to [3:29:18] campaigns for a ballot measure [3:29:20] referendum or initiative it requires [3:29:22] electronic filing of campaign statements [3:29:25] it established penalties and provided [3:29:28] additional enforcement tools [3:29:31] and I'm just going to quickly go over [3:29:32] this because we already looked at this [3:29:34] before and here is the key of why we're [3:29:37] coming back the proposed ordinance [3:29:39] prohibited Anonymous contributions in [3:29:41] any amount which essentially imposed a [3:29:44] requirement to track uh the source of [3:29:47] all contributions and the question was [3:29:49] does this impose a requirement on [3:29:52] candidates that exceeds what's already [3:29:55] in the political reform Act [3:29:57] so under the political reform act there [3:30:00] is a clear prohibition to receive [3:30:02] Anonymous contributions of a hundred [3:30:04] dollars or more from any person [3:30:07] and also in the political reform act [3:30:09] there's a requirement to report when the [3:30:12] total amount of contributions received [3:30:14] from any person exceeds 100 or more [3:30:18] so these two Provisions together [3:30:20] actually are an applied obligation to [3:30:22] track contributions under a hundred [3:30:24] dollars because you'd have to know if [3:30:27] somebody gave you fifty dollars if you [3:30:29] got another fifty dollars did that come [3:30:31] from the same person so [3:30:34] the ordinance that I'm bringing back to [3:30:36] you is the same ordinance that you [3:30:38] looked at in December [3:30:41] and the question to you is are you [3:30:45] satisfied with having explicit the [3:30:48] obligation to track obligations [3:30:51] under a hundred dollars or do you want [3:30:54] to remove that obligation so that you [3:30:57] are uh so so you don't have this clear [3:31:00] requirement [3:31:01] um and you are more clearly aligned [3:31:04] with the specific language of the [3:31:06] political reform Act [3:31:09] so there's two potential recommended [3:31:11] actions the first is to if you're going [3:31:14] to establish the campaign contribution [3:31:17] limits you can have the motion is to [3:31:20] introduce read by title only and wave [3:31:22] further reading of an ordinance adding [3:31:24] chapter 2.33 to the San Bruno Municipal [3:31:27] Code adopting local campaign [3:31:29] contribution limits in the alternative [3:31:31] motion if you want to remove the [3:31:33] prohibition against Anonymous [3:31:34] contributions would be to make that same [3:31:37] motion but also direct or to specify [3:31:40] that the ordinance you're adopting would [3:31:43] uh Delete paragraph B of section [3:31:46] 2.33.030 [3:31:49] and with that I'm happy to take any [3:31:51] questions any questions from colleagues [3:31:57] um [3:31:58] questions council member questions yes [3:32:01] please [3:32:02] so [3:32:03] for clarification on the [3:32:06] anonymous donations [3:32:09] so [3:32:10] there's a distinction I guess between [3:32:12] tracking and Reporting correct right and [3:32:15] so what we're required to report is [3:32:18] anything that exceeds a hundred dollars [3:32:21] from an individual correct so [3:32:24] if we are to specify an R [3:32:28] uh ordinance that we [3:32:31] do not allow Anonymous does that imply [3:32:35] also that we are required to report it [3:32:37] does not no it is it is merely an [3:32:40] obligation to not accept an anonymous [3:32:43] donation it is just an obligation to [3:32:46] inquire as to the source of that [3:32:48] information have some way of tracking it [3:32:50] but you're not there's no reporting [3:32:52] requirements the [3:32:54] um [3:32:55] the ordinance does not change the [3:32:57] reporting requirements they are what [3:32:59] they are in the political reform act the form requires the reporting of all [3:33:04] donations from any source of 100 or more [3:33:07] and since that is covered under the fppc [3:33:10] guidelines then is it necessary for us [3:33:13] to state that if it's already covered by existing [3:33:19] legislation right [3:33:22] um so the way I look at it is kind of we [3:33:24] had the question come up in December [3:33:27] what does this mean so I think by [3:33:29] stating it you make it very clear that [3:33:32] we are requiring the source of all [3:33:36] donations to be identified and to track [3:33:40] it is implied I think in the current [3:33:43] regulations but it's not specifically [3:33:45] stated which I think is why we had the [3:33:47] question and I had to go back and look [3:33:49] at it and come back to you with this [3:33:51] discussion so [3:33:53] um [3:33:53] I guess my answer is by by adding it [3:33:56] you're just making it very clear that [3:33:58] this is the proper way to track how you [3:34:01] receive contributions [3:34:04] and my next question you may have to [3:34:07] defer to somebody else and staff but [3:34:11] when we run for office the county [3:34:14] provides instruction on how we conduct [3:34:18] our campaigns and what our regulations [3:34:20] are so will the city now assume the [3:34:24] responsibility of conducting its own [3:34:26] education campaign for new candidates [3:34:28] that address its own [3:34:31] specific guidelines and if so will that [3:34:34] be conducted by the city clerk's office [3:34:36] and what what is the impact yeah so I'm [3:34:39] happy to turn this over to staff but I [3:34:41] guess my initial thought is that it's [3:34:45] just an ordinance like any other [3:34:46] ordinance that says here's our rules [3:34:49] um I don't know that it requires much [3:34:52] education Beyond here's what the rules [3:34:55] are which is the limit the limit for [3:34:57] campaign contributions 500 dollars [3:35:00] there is no there is a Prohibition [3:35:02] against [3:35:04] um Anonymous contributions so to the [3:35:06] extent there is any education I suppose [3:35:08] it could be as simple as handing a [3:35:11] candidate the city's ordinance or [3:35:13] directing the the candidate to the [3:35:16] cities [3:35:17] um [3:35:18] the municipal code I do know that I I [3:35:21] believe that the city clerk provides a [3:35:24] handbook to candidates and we probably [3:35:28] could quite easily wrap these new [3:35:31] Provisions into that either by again [3:35:34] attaching the ordinance or just [3:35:36] summarizing the key provisions [3:35:39] so we do meet we do meet with each [3:35:41] candidate individually and explain the [3:35:44] documents and go over the forms so that [3:35:46] would be something that we would [3:35:48] definitely go over and explain with each [3:35:50] candidate that is running for office [3:35:54] and then uh finally there there is a [3:35:58] language in there that says that uh [3:36:01] individuals have the option to [3:36:05] um [3:36:06] basically seek legal action against a [3:36:08] candidate if they feel that they've [3:36:10] violated it and the city has basically [3:36:13] right a first refusal to address the [3:36:15] issue if they choose not to that an [3:36:17] individual could still sue a candidate [3:36:19] for uh non-compliance based on their [3:36:22] interpretation [3:36:24] now [3:36:25] I don't believe that there's anything [3:36:27] currently uh that the state does other [3:36:30] than impose fines for violations so this [3:36:34] pretty much makes it a crime [3:36:36] to willingly uh so somebody all somebody [3:36:39] would have to do is say that no they [3:36:41] should have known better and so they [3:36:43] willingly broke the law now they're [3:36:45] basically [3:36:47] um [3:36:47] having to having to pay an additional so [3:36:50] not just fine but of actually paying for [3:36:53] a violation of a of a city [3:36:56] um [3:36:57] ordinance and so that that also is sort [3:37:00] of above and beyond uh I believe of the [3:37:03] penalty that the state would impose [3:37:06] right so there is so [3:37:09] provide penalties similar to other code [3:37:12] violations there's the you know [3:37:15] infraction and misdemeanor [3:37:16] administrative fine those are all [3:37:18] options for the city to enforce and then [3:37:21] the additional enforcement tools do [3:37:23] include include a private right of [3:37:25] action which would be a private citizen [3:37:28] bringing a private lawsuit so not saying [3:37:33] um yeah so so it would just be a civil [3:37:36] suit it wouldn't be a Criminal suit [3:37:40] but the [3:37:42] so [3:37:43] there is something in there that says [3:37:45] that if a candidate willfully violates [3:37:49] this these Provisions then it is an [3:37:51] infraction [3:37:53] not just a final mistake [3:37:56] of the way the fppc would interpret it [3:37:59] but actually [3:38:00] you're you're breaking a rule and then [3:38:02] so you're subject to a fine because of [3:38:06] that and then on top of that private [3:38:08] citizens can also step in and um and [3:38:11] take action that is correct the way it's [3:38:13] set up that is correct [3:38:15] oh that that's it just and then I [3:38:19] certainly want to hear from the rest of [3:38:20] colleagues I thought back in December [3:38:22] 13th one of the things were like the [3:38:24] state does this and we don't want to [3:38:25] exceed that right and and I think [3:38:28] council member sellers are brought up a [3:38:30] very [3:38:30] quite the state awarding imposed then [3:38:34] assembly uh person Mullen already [3:38:36] established something for the State of [3:38:37] California [3:38:38] and then jurisdictions have that ability [3:38:39] to to exceed it but not you can't have [3:38:42] less than it so then the council said [3:38:45] okay we want to go through this process [3:38:46] and I think the reason it pauses on this [3:38:48] December 13th specifically was because [3:38:50] it was a reporting mechanism of uh below [3:38:54] 90 uh 99 and below and I think that's [3:38:57] what we're trying to get and not have [3:38:58] all these extras and um again due to the [3:39:03] hour some of the areas that Mr sellers [3:39:05] are just pointed out are the concerns [3:39:07] I've had and that's what I had in the [3:39:08] 13. so it's still I still have those [3:39:11] concerns but anyway let me see my other [3:39:13] colleagues councilmember Medina [3:39:19] right so I think less is more [3:39:22] in this case of of keeping it to [3:39:27] um whatever the state says and the only [3:39:29] thing we're changing is the limit [3:39:31] everything else Remains the Same I think [3:39:33] is probably what I understood the [3:39:36] council wanted to do [3:39:38] um it's nice to see that there are [3:39:40] penalties but [3:39:42] um I don't mind if we kept those but [3:39:47] I'm feeling like [3:39:49] to keep it more streamlined that just [3:39:52] having the limit [3:39:54] eliminating the the tracking because [3:39:57] let's let the state do that it's up to [3:40:00] each candidate but um I think if we kind [3:40:02] of just kept it really streamlined and achieved just to make sure I [3:40:07] understand the comment I the state has [3:40:10] enforcement measures for so we're not [3:40:13] adding any additional reporting [3:40:14] requirements we're just limiting we're [3:40:16] establishing a limit and then we're also [3:40:19] providing this this ordinance also [3:40:22] provides penalties for failure to comply [3:40:25] with the ordinance similar to any other [3:40:27] code violation I don't believe the state [3:40:30] is going to enforce your 500 [3:40:32] contribution limit [3:40:34] the city would need to have some sort of [3:40:37] a [3:40:38] it's it's the city's ordinance and the [3:40:41] city needs to have penalty if if it [3:40:43] wants to have teeth [3:40:45] it needs to include that in the [3:40:47] ordinance yeah had we stayed with the [3:40:49] state then the state tracks it it's [3:40:51] their responsibility because we are [3:40:53] modifying that correctly and we are [3:40:55] sitting in the limit now the stability [3:40:56] that so extra work is now being placed [3:40:59] in the city of San Bruno for that [3:41:01] ownership I've already heard my comments [3:41:03] but now we're adding a penalty and stuff [3:41:05] I don't know a policy needed um [3:41:08] so with your explanation of of guests [3:41:12] if if a candidate did write and Report [3:41:16] that they took six hundred dollars from [3:41:18] somebody then they'd be in violation [3:41:20] society when there are no consequences [3:41:22] then people just go ahead and do it and [3:41:24] so what's the point [3:41:27] of having the rule if you're not and as [3:41:29] for the amount of time tracking [3:41:32] basically when we file our our updated [3:41:34] reports to the state that gets a copy to [3:41:37] our city clerk I'm for enforcement and the city clerk can chime in here but [3:41:43] I but the ordinance does require [3:41:45] electronic filing which I think is [3:41:47] intended to Yes [3:41:50] um so back on the um [3:41:53] on the anonymous donations piece there [3:41:56] was there are discussion whether we [3:41:57] should remove that language to make [3:41:59] things simpler and I'm not in favor of [3:42:02] that well let me ask my question first [3:42:05] if we were if we were to remove the [3:42:10] um [3:42:11] the the explicit language prohibiting [3:42:14] Anonymous donations [3:42:18] of any kind [3:42:20] um [3:42:21] would that mean that someone who wanted [3:42:23] to get around the 500 contribution limit [3:42:27] and give me more than that as if I was a [3:42:30] candidate [3:42:31] um that they could simply send me [3:42:36] 10 99 Anonymous donations [3:42:39] separately [3:42:41] um yeah council member Hamilton I think [3:42:44] you're right I mean the intention of [3:42:46] adding the prohibit prohibition against [3:42:48] Anonymous donations was to [3:42:51] one make it clear that probably if you [3:42:55] ever get any Anonymous donations that [3:42:57] total one hundred dollars you need to [3:43:00] track who they're from to make sure [3:43:01] they're not from the same person [3:43:05] um [3:43:06] I don't know what's wrong right and two [3:43:10] to try to to the extent that you wanted [3:43:13] to limit contributions to five hundred [3:43:17] dollars to provide to include a [3:43:20] provision that closes a pretty [3:43:23] significant loophole [3:43:26] right [3:43:28] and this provision closes the loophole [3:43:30] in your opinion [3:43:32] correct [3:43:35] thank you that's that's why I'm in favor [3:43:37] of leaving it [3:43:38] Mr Salazar councilman Salazar I would [3:43:41] say that because the state already [3:43:43] requires us to report contributions in [3:43:47] aggregate that exceed a hundred it's not [3:43:49] a loophole it's not a loophole at all [3:43:53] um so [3:43:55] what if I were on my on my I'm sorry I'm [3:43:59] sorry I just want to make sure because [3:44:00] this light is still on so I want to make [3:44:01] sure he's concluded oh he'll defer uh [3:44:04] vice mayor [3:44:06] so what would prevent a candidate from [3:44:10] listing [3:44:11] like in the example that I gave 10 99 [3:44:14] Anonymous donations [3:44:18] Mr Salazar [3:44:20] the same restrictions from the state [3:44:23] from the fppc that currently prevent [3:44:25] them from doing it it's it's it's [3:44:27] already state law [3:44:30] is the so I guess that's the question [3:44:32] for the City attorney is the state law [3:44:33] you can't receive a single donation of a [3:44:38] hundred dollars a single Anonymous [3:44:39] donation of honor others or more or they [3:44:42] address aggregate donations from the [3:44:44] same doors or if it's aggregate I'm [3:44:45] asking the City attorney [3:44:50] mayor Medina and council member Hamilton [3:44:53] the state law prohibits aggregate [3:44:56] donations from a single Source uh in [3:44:59] excess 100 or more and so that's [3:45:03] you know that and and the [3:45:06] state law prohibits Anonymous donations [3:45:09] of a hundred dollars or more uh so [3:45:14] impliedly there is a requirement to make [3:45:18] sure your traffic must happen [3:45:22] right and that that I I see no harm in [3:45:26] making that clear because that's [3:45:29] certainly not [3:45:30] crystal clear in the way that it's it is [3:45:33] through the state I see no harm in [3:45:35] making it clear we don't want if we [3:45:37] don't want [3:45:38] Anonymous donations [3:45:40] then we shouldn't want Anonymous [3:45:42] donations let's just say so [3:45:45] now I'm just thinking that I mean if [3:45:46] somebody gave you a 50 check [3:45:49] you have a categorization and form four [3:45:51] six that you have to report it you don't [3:45:53] have to use the name once you get to the [3:45:54] 100 of course they have need to know [3:45:56] your name your occupation whether you're [3:45:58] retired whether you're not that's the [3:45:59] way the law is [3:46:02] um so when we keep saying Anonymous so [3:46:04] somebody gives a a young person [3:46:07] at school elementary school gives you a [3:46:09] dollar [3:46:11] now you need to get all the data [3:46:13] just as an example and a young person a [3:46:16] minor could do that [3:46:18] so that's where I'm I'm going with the [3:46:20] we have a state law that already [3:46:22] mandates in the aggregate so uh Mr uh [3:46:25] councilmember Medina I'm sorry you [3:46:26] didn't have the button on yeah [3:46:28] I'll go in and push the button [3:46:32] um [3:46:33] so we're kind of getting in the weeds a [3:46:35] little bit I could go either way just so [3:46:38] that we passed this tonight [3:46:40] um if you did get the one dollar [3:46:41] contribution you don't have to report it [3:46:43] and give the kid's name but you have to [3:46:45] keep that in mind if it did get up to [3:46:49] over a hundred so [3:46:51] to make it absolutely clear intent to [3:46:54] make the main part is the 500 limit but [3:46:57] I do think that we need we do need to [3:47:00] have consequences which is why [3:47:03] um there has to be some penalty in there [3:47:05] otherwise somebody could go ahead and [3:47:08] exceed it and then there's no penalty [3:47:09] why even half the ordinance and Mr [3:47:12] Salazar thank you and I agree with uh [3:47:14] council member Medina and that it can't [3:47:17] be comprised of the infraction that [3:47:18] there would be a corresponding fine and [3:47:20] it appears to me that we are going [3:47:22] beyond that and saying that now it's event I I really understood this [3:47:27] whole attempt to be a way to level the [3:47:31] playing field for new candidates and I [3:47:34] believe that if we're making this more [3:47:36] and you know we also just since I have [3:47:39] the mic since I have the floor you know [3:47:41] we we say in this that um you know it's [3:47:44] people into the shadows and and I I [3:47:46] think of an example that happened uh [3:47:49] recently where there was a candidate for [3:47:52] a state office tribute that not pack was [3:47:55] solely dedicated to uh promoting their [3:47:58] campaign [3:47:59] and that it didn't have limits [3:48:02] and so if we you know if if this is [3:48:05] really intended to level the playing [3:48:07] field we could potentially be uh [3:48:10] allowing people with connections to [3:48:13] powerful packs [3:48:15] to actually have a leg up over anybody [3:48:17] because now uh our friends and neighbors [3:48:21] are limited at 500 [3:48:24] people who are contributing to a pack [3:48:26] they can do one one-time contributions [3:48:29] that are at the state limit and that's a [3:48:32] lot higher than anything we're allowing [3:48:33] in fact it's interesting to see that the [3:48:36] increase from last year to this year is [3:48:39] more than our overall limit for a single [3:48:41] contribution so [3:48:43] um and we're also saying our ours won't [3:48:46] automatically increase like the states [3:48:47] does so we're going to if you have a [3:48:49] concern that incumbents have a mechanism [3:48:52] for keeping new uh candidates out all [3:48:56] they have to do is freeze those dollars [3:48:57] they're already sitting in the seat so [3:48:59] they got it easy and now you're limiting [3:49:01] their ability to raise money so these [3:49:04] are unintended consequences I believe [3:49:06] I'm not I'm not opposed to the Limit [3:49:09] um [3:49:10] it it's certainly you know in my [3:49:12] experience and everyone posted that poor [3:49:14] portion of it but it does seem that we [3:49:16] are we're creating [3:49:18] some other issues that were not intended [3:49:21] and in some cases may run contrary to [3:49:24] the spirit of what we had hoped to do by [3:49:26] modernizing our Our Kind our campaign uh [3:49:30] limits [3:49:33] and I'll just say is there any members [3:49:34] of the public that wish to speak on this [3:49:38] I do not have any speaker cards and no [3:49:40] remote hands are raised thank you very [3:49:42] much so we'll bring it back to council [3:49:44] uh for any action or does it need to go [3:49:48] back or there were two options that were [3:49:50] placed uh I don't know if it's [3:49:52] I think we've got it unless it needs to [3:49:54] because of the hour place back on the [3:49:56] board but is there any direction or act [3:49:58] I guess action by Council does it mean [3:50:00] or Direction [3:50:02] you're the mayor uh yes vice mayor thank [3:50:04] you [3:50:05] I would like to make a motion to [3:50:08] um uh introduce the ordinance as read by [3:50:11] the clerk [3:50:13] I I didn't I didn't the last part I [3:50:15] didn't quite hear I'm sorry I'm sorry I [3:50:18] would like to make it I would like I'm [3:50:20] basically following what's what's listed [3:50:22] in the uh in the packet under the [3:50:23] recommendation [3:50:25] um introduce the ordinance as read by [3:50:27] the clerk [3:50:31] I can read the whole thing if you want [3:50:33] no we don't need to read I just want to [3:50:34] clarify for the colleagues because I [3:50:36] think just so we're on the same page [3:50:37] that's with everything right yes [3:50:39] everything that's been discussed whether [3:50:41] you have one side or the other is how it [3:50:44] is um I've addressed my concerns [3:50:47] um and I think everybody understands so [3:50:48] uh with that it is a roll call so roll [3:50:51] call please [3:50:54] thank you very much [3:50:56] I apologize [3:50:58] um is there a second on the motion is [3:51:00] there a second on the motion [3:51:03] I've heard none hence it has died due to [3:51:06] counsel [3:51:07] councilmember Salazar who's the chair I know that staff has already spent a [3:51:11] lot of time on this and I I do believe [3:51:13] it would be uh approproving it and to we [3:51:18] want to say anything I don't [3:51:20] um for it to keep on going up with [3:51:22] inflation so pumper must do address [3:51:25] um councilman salazarus can what would [3:51:28] be acceptable for you um for us to [3:51:32] structure this where there are no [3:51:34] additional paint [3:51:36] um and and if we can do that without [3:51:38] imposing additional penalties scare a [3:51:40] lot of people and having [3:51:42] individuals have that ability to sue you [3:51:45] know who's who's going to come after [3:51:46] them so [3:51:50] um [3:51:51] yeah I mean we still have to rely a [3:51:54] little bit on on people's honor why [3:51:57] don't we [3:51:58] as this is can you formulate an emotion [3:52:02] unless because I think you've placed [3:52:04] what what it is and I think that's what [3:52:05] councilmember Medina was saying okay [3:52:07] what will it take oh I'm sorry yes [3:52:09] City's Journey so mayor Medina just to [3:52:11] help move this along if if the issue is [3:52:15] this litigation component or [3:52:18] um administrative fine then it would we [3:52:22] could uh you could make a motion to [3:52:24] approve the ordinance [3:52:27] um with Section uh [3:52:30] 2.33.100 deleted which is the the [3:52:34] section which provides for injunction [3:52:37] and other court actions [3:52:43] or through the mayor I just was quickly [3:52:46] going back and reading through that I [3:52:47] would be supportive of that [3:52:50] thank you in order to get to a [3:52:52] compromise [3:52:53] um thank you um and then there was [3:52:55] another item uh the uh customer sales to [3:52:58] strike the um the tracking [3:53:00] sentence [3:53:04] go ahead I'm sorry I'm okay with leaving [3:53:05] that in so um [3:53:09] yeah if if we can agree to drop the the [3:53:14] section that the City attorney just [3:53:15] referred to [3:53:17] um [3:53:18] I guess I would be supportive of of that [3:53:22] um that that to me was probably the [3:53:24] biggest concern do you want the [3:53:26] inflation 500 limit to go up [3:53:30] as with the with inflation so we don't [3:53:32] have to worry about it 20 years from now [3:53:36] okay [3:53:37] uh and so back to staff how difficult [3:53:40] would it be to Peg that to some index [3:53:43] that would make sense [3:53:47] wouldn't be difficult at all we have [3:53:49] fees annually that increase by inflation [3:53:51] and we would simply do that annually or [3:53:55] in in this case [3:53:57] um uh biannually when there's an [3:53:59] election and so I think the intent [3:54:01] increases [3:54:03] before the next election [3:54:09] okay well then I I will make a revised [3:54:12] motion then to uh [3:54:14] approve uh what's in front of us uh with [3:54:17] the exception of the section that the [3:54:20] City attorney referred to which would [3:54:23] impose those uh which would allow for [3:54:25] additional uh litigation against [3:54:28] candidates and also with the revision [3:54:31] that there would be a uh adjustment an [3:54:34] annual adjustment to the to the Limit [3:54:39] and one and and I know we'll let's see [3:54:41] if there's a second first I'll second [3:54:43] that and with that let's go to the City [3:54:44] attorney for clarification and make sure [3:54:46] we're on the same page yeah mayor Medina [3:54:48] I guess um when we get into a little [3:54:50] more Drafting and the CPI and things [3:54:53] like that [3:54:55] um perhaps it would be better to come [3:54:56] back with a new ordinance rather than [3:54:59] trying to do this drafting on the spot I [3:55:03] should have had you about 20 minutes ago [3:55:04] because what I'm also feeling and I've [3:55:07] learned long lessons is when you get to [3:55:09] the 11 o'clock hour and you have elected [3:55:11] bodies making decisions sometimes that [3:55:13] may not be the best time so to have [3:55:15] fresh eyes uh I I'm going to suggest and [3:55:18] recommend to colleagues that we do with [3:55:21] the city attorney recommended is that [3:55:23] all right yeah we have a first on the [3:55:25] second on the floor so we'd have to [3:55:26] rescind that [3:55:30] uh so and I'm willing to [3:55:33] I just want to make sure we're following [3:55:34] the rules right so uh City attorney is [3:55:37] that okay if they uh pull back and [3:55:40] withdraw the motion in the second and [3:55:42] then give you direction if there's [3:55:44] concurrence [3:55:46] absolutely fine city manager I just want [3:55:48] to clarify that direction so in the [3:55:52] section [3:55:56] 2.33.030 that includes an Express [3:55:59] requirement to track Contra injunct [3:56:02] injunction and Court action section [3:56:06] 2.33 point [3:56:08] and staff will come back at a subsequent [3:56:10] meeting that is that's how I understand [3:56:13] perfect thank you and is uh if there's [3:56:15] concurrence by council is that suffice [3:56:18] Alvarez I think at this hour that is [3:56:20] always safe [3:56:22] um we have passed 11. so with that [3:56:25] um we have still one item of conduct and [3:56:27] we have Council comments so action to [3:56:29] continue now since we've hit the 11 [3:56:31] o'clock hour Mr Salazar through the [3:56:33] chair I will make a motion that we [3:56:34] extend for another hour [3:56:36] I was going to say midnight but okay for [3:56:38] one hour that's the motion is there a [3:56:40] second [3:56:41] my second second to [3:56:44] um extend for one hour roll call please [3:56:47] Hamilton [3:56:48] yes mayor Rico Medina yes [3:56:51] motion passes 5-0 We are continuing all [3:56:54] right with that let's move on to Item B [3:56:55] please [3:56:57] item 9B repo receive report and confirm [3:57:01] appointment of city council members to [3:57:02] serve as representatives and alternates [3:57:04] to San Mateo County agencies and other [3:57:07] Regional bodies [3:57:09] I will now share my screen thank you [3:57:16] and let me know if you can see that okay [3:57:19] oh [3:57:21] you're gonna enlarge it at all [3:57:23] it might I mean I have in front of me [3:57:26] but am I thinking for others [3:57:33] all right [3:57:35] is that okay [3:57:48] oh so then I need some minutes [3:57:52] hide it how do I hide [3:58:01] okay we are ready if you are yes city [3:58:18] clerk good evening mayor and council [3:58:20] members in January of every year we [3:58:22] appoint council members to serve as [3:58:24] representatives to various San Mateo [3:58:26] County agencies and other Regional [3:58:28] bodies The Matrix before you shows all [3:58:30] of the county and Regional agencies the [3:58:33] council serves on throughout the year [3:58:34] with the exception of the San Mateo [3:58:36] Mosquito Abatement District Robert Regal [3:58:39] was appointed by the city council to [3:58:41] serve on the San Mateo Mosquito [3:58:43] Abatement district and his term expires [3:58:46] in December of 2024. [3:58:48] in 2022 city manager Javon Grogan served [3:58:52] as representative on the coma Creek [3:58:54] flood control district [3:58:56] I'd like to point out that although some [3:58:59] of the bodies do not require alternates [3:59:02] we believe it would be potentially [3:59:04] beneficial to just go ahead and appoint [3:59:06] one to each body [3:59:08] and our recommendation here today is [3:59:10] that Council filled the open vacant [3:59:12] seats and confirm appointment of the [3:59:14] city council members to serve as [3:59:16] representatives and alternates to the [3:59:18] cemetery San Mateo County agencies and [3:59:20] other Regional bodies [3:59:23] okay with that um you see it on the [3:59:25] screen and I know with the lateness of [3:59:27] the hour [3:59:28] um so [3:59:30] um [3:59:31] I'm gonna maybe start it off then I'll [3:59:32] try to speed it up [3:59:34] um there are things uh and also by the [3:59:36] way Boscov for example vice mayor [3:59:39] Hamilton was already reappointed and [3:59:41] they do it in a different fashion and I [3:59:43] believe they do not uh require or allow [3:59:46] alternates to that case excuse me so [3:59:50] with that there's the airport Community [3:59:52] Roundtable [3:59:54] um uh there is an opening has desired to [3:59:58] have it asked if another colleague would [4:00:01] be willing to take that are there any [4:00:04] um suggestions or volunteers uh council [4:00:08] member Alvarez through Richard thank you [4:00:11] um Mr Mayor [4:00:13] um Airport Community Roundtable is a [4:00:16] very interesting and I think it will be [4:00:18] a very challenging committee but I will [4:00:21] step up and volunteer to be a primary [4:00:24] this is interesting because when I used [4:00:27] to work at the building counter we have [4:00:30] very limited information to give to the [4:00:33] residents regarding noise mitigation [4:00:36] with the airport that being said to be [4:00:39] the primary representative for this [4:00:41] committee [4:00:42] it would be a privilege for me to learn [4:00:47] more and to provide more information to [4:00:49] the community [4:00:51] well I appreciate that and I don't know [4:00:54] if I need to ask council member Medina [4:00:55] or Hamilton if you would disagree with [4:00:57] that statement or [4:00:59] it's a it's a little loud on that Round [4:01:02] Table [4:01:03] um it's a little frustrating honestly [4:01:06] that okay you're good but I'll stop it's [4:01:08] late so so congratulations [4:01:12] so uh but you know [4:01:15] I [4:01:16] know you're aware you probably have [4:01:18] heard things about it but for you to [4:01:20] come forward and I think all of us can [4:01:23] say thank you [4:01:24] um you know if maybe I'll just try to [4:01:27] speed this up so let's go down just to [4:01:30] the the primary for uh coma Creek the [4:01:33] reason I had that open is because we've [4:01:35] had the city manager do it it's four [4:01:37] times a year [4:01:38] um it's not it's a quarterly basis [4:01:41] um it's in South San Francisco we don't [4:01:43] need to have it now I check they don't [4:01:44] meet for a little bit we can bring that [4:01:46] back but that was my intent he's been [4:01:48] willing to do it because other city [4:01:49] managers do it but we want to be [4:01:51] valuable to his time the next one down [4:01:54] so we can come back the next time is [4:01:56] home for all what I'd like to ask is for [4:01:59] the primary to be uh council member [4:02:01] Alvarez the alternate to be council [4:02:03] member of Medina [4:02:05] for the heart I'd like to ask council [4:02:07] member Medina to be the primary I'd like [4:02:09] an alternate for um [4:02:12] council member Alvarez on the league of [4:02:14] California City's Peninsula division I'd [4:02:17] like the primary to be [4:02:20] vice mayor Hamilton there is not a [4:02:23] requirement to have an alternate though [4:02:26] others are welcome to attend if people [4:02:29] were already listed on there because [4:02:31] some of them serve an executive as an [4:02:33] example on YouTube councilmember [4:02:35] Medina's on PC but he's also on the [4:02:36] board and so I would not want to have I [4:02:39] think continuity is important and I [4:02:40] wouldn't want to jeopardize anybody who [4:02:42] has those those positions going to the [4:02:45] alternate positions and I do understand [4:02:47] that there may be desire others want as [4:02:51] an example in a bag or others we can [4:02:53] work on that [4:02:54] on the alternates I think I've expressed [4:02:59] on pce I'd like to have vice mayor [4:03:02] Hamilton on that I think I already [4:03:04] talked about heart and I think I've [4:03:05] already talked about home for all on the [4:03:08] other alternates it's not applicable on [4:03:11] the San Mateo County of cities that is a [4:03:14] proxy that goes to whoever is available [4:03:17] the mayor just says at this meeting [4:03:20] ex-person will go ahead and do it like I [4:03:22] said we didn't need one for the league [4:03:24] cities that's an n a and that leaves me [4:03:28] Creek which we'll come back to and then [4:03:30] Bosco which is not to my knowledge last [4:03:32] I was told was not permitted airport [4:03:34] Roundtable I think it's amongst us who [4:03:37] would want to be the alternate they meet [4:03:39] six times a year the [4:03:42] jpals which is the ambulance one that [4:03:46] meets quarterly [4:03:48] um and then the bay uh a bag those are [4:03:51] the ones that um I think that if there's [4:03:54] any volunteers we deal with tonight if [4:03:56] not they can be held because of the late [4:03:58] hour I just rambled a lot so I'll leave [4:04:01] it to anybody who wants to say something [4:04:03] or we can again [4:04:04] speak to next time [4:04:09] I'm sorry vice mayor [4:04:12] um you can put me down as the alternate [4:04:13] for the rounded for the airport [4:04:15] Roundtable happy to I'm happy to be um [4:04:18] council member Alvarez is back up on [4:04:20] that one vice mayor [4:04:22] thank you [4:04:23] uh councilman Medina [4:04:25] he's a glutton for punishment yes he is [4:04:28] uh it's just it's the alternate [4:04:30] that's right [4:04:31] um Mr Mayor if [4:04:33] um if [4:04:34] our city manager doesn't mind me taking [4:04:36] Colma Creek I'll I'll do that [4:04:41] okay thank you [4:04:43] I think it'd be interesting honestly [4:04:46] um yeah I was actually thinking about it [4:04:48] as well I can be I can be a council [4:04:51] members alternate on that one as well [4:04:53] thank you [4:04:57] um [4:05:01] no that one's oh the that's it for the [4:05:04] other buddies on a pointed by the city [4:05:06] and I have to look more into that [4:05:07] because [4:05:08] yeah so we're good on that [4:05:10] um I'm gonna say [4:05:12] um really the only thing is is for now [4:05:14] the a bag and the ALS and people can [4:05:16] just uh get to me [4:05:18] um unless there's anybody who wants to [4:05:19] do that now it's not a one only meets a [4:05:22] couple times another one meets four [4:05:23] times so I think we're fine [4:05:25] um but anyway we can always come back [4:05:27] but it's not required to have alternates [4:05:29] uh [4:05:30] yes I'm sorry I can volunteer for [4:05:32] alternate for the ABAC a bag or ALS o [4:05:36] make sure okay [4:05:41] we have a Mr salazaro secondary on ALS [4:05:44] and uh Alvarez on a bag [4:05:47] um I think we've just connected that did [4:05:49] I talk too quick City Clerk or well Mr [4:05:52] Mayor yeah yes I I wanted to offer um [4:05:56] council member Alvarez to to be the [4:05:58] primary if you'd like they don't meet [4:06:00] very often [4:06:01] just that um [4:06:03] I taking on a couple other things [4:06:07] and I'd be happy to be the alternate [4:06:09] just to kind of like switch that if I'm [4:06:11] sorry what committee is just to do the a [4:06:13] bag oh the a bag okay sure yeah it's a [4:06:17] good way to meet a lot of people all the [4:06:20] electives in the uh [4:06:21] across the counties okay yeah thank you [4:06:24] I think uh uh I'm sorry city clerk [4:06:27] because she's previously typing his word [4:06:29] moving the chat the checkerboard here [4:06:32] if we could please share the screen so [4:06:35] that everyone could review and make sure [4:06:37] that I captured everything correctly [4:06:39] that would be greatly appreciated [4:06:45] okay and let me let me know when you'd [4:06:49] like me to scroll [4:07:02] I'll scroll down a bit [4:07:05] does everybody think it it reflects what [4:07:07] we heard once you get home through the [4:07:10] mayor I think I I [4:07:12] um I should be listed on row 15 for [4:07:14] peninsula clean energy [4:07:17] yes and I'm the alternate on home for [4:07:20] all of that right you're correct okay [4:07:21] let me home for all [4:07:35] everybody's that look correct with those [4:07:37] modifications thank you for everybody's [4:07:39] eyes that are better than mine [4:07:42] good good okay with that as you now see [4:07:46] it before you uh is there um [4:07:51] a motion [4:07:54] well now with our new rules we need a [4:07:57] motion we didn't before so moved uh we [4:08:00] have a motion from uh councilman Medina [4:08:03] second in from vice mayor Hamilton [4:08:04] correct and uh [4:08:08] council member Alvarez yes council [4:08:11] member Marty Medina yes council member [4:08:13] Salazar yes vice mayor Hamilton [4:08:16] yes mayor Rico Medina yes [4:08:21] um okay okay [4:08:22] thank you everybody [4:08:24] and um may I say too if there's any [4:08:27] calendars from these bodies so let's go [4:08:31] through this my my understanding too and [4:08:34] you're right I I didn't ask if is there [4:08:35] any public comment [4:08:37] uh on this that's what you get when I [4:08:38] sit here yeah [4:08:40] but no hands were raised and there are [4:08:43] no hands raised now okay thank you [4:08:46] um but uh let's just to be clear then [4:08:48] the city clerk's office would go ahead [4:08:50] and notify the agencies of the [4:08:52] particular appointments so that they're [4:08:54] aware I would ask colleagues when you [4:08:56] get a calendar of dates if if and when [4:08:59] you do please give that to to the [4:09:02] clerk's office just so we can update the [4:09:03] SB calendar and that we all know what [4:09:05] we're doing and where we're going so [4:09:07] it's easier for staff to see that our [4:09:10] availability [4:09:11] is that okay all right I didn't ask the [4:09:14] city clerk before I said that [4:09:15] um okay let's move on to council uh [4:09:18] comments from comments from council [4:09:20] members and also there's not a committee [4:09:22] report uh under right now so if there [4:09:25] are any I would appreciate if you could [4:09:27] please put that [4:09:29] um under your comments when you're [4:09:30] called and uh that'll be [4:09:33] um put on the next one so with that we [4:09:36] will start with item a uh council member [4:09:40] Sandy Alvarez request to discuss [4:09:42] re-establishment of beautification task [4:09:44] force committee [4:09:46] council member Salazar if you can kindly [4:09:49] pass that along thank you [4:09:52] the beautification task force committee [4:09:54] was originally established by our former [4:09:56] council member Irene O'Connell it [4:09:59] supports and Advocates the public Arts [4:10:01] policy tree ordinances and other Council [4:10:04] policies that encourage the [4:10:06] beautification of the city the task [4:10:09] force also organizes several Citywide [4:10:11] events including operation Clean Sweep [4:10:14] held the first Saturday in May each year [4:10:17] and the beautification awards they also [4:10:20] serve in an advisory capacity to the [4:10:22] city council that said my request to [4:10:25] re-establish The View sorry the [4:10:28] beautification task force would be a [4:10:30] continuation of how the committee was [4:10:33] structured [4:10:34] the goals of the beautification task [4:10:36] force are to educate the community about [4:10:39] enhancing and protecting San Bruno's [4:10:42] environmental assets to promote the [4:10:44] quality of life in San Bruno by creating [4:10:47] supporting and participating in [4:10:49] activities and programs that improve the [4:10:52] physical and aesthetic environment of [4:10:54] our community [4:10:56] Advocate a high standard of community responsibility cleanliness [4:11:01] maintenance and attractiveness for our [4:11:04] developed and natural environment last to Mentor neighborhood [4:11:09] and city-wide cleanups [4:11:12] how we can achieve these goals [4:11:15] promote community activities like [4:11:17] city-wide cleanups Earth Day activities [4:11:19] beautification Awards and similar [4:11:22] programs community outreach to volunteer [4:11:25] and or participate in local activities [4:11:28] encourage community members to be [4:11:30] proactive on monitoring neighborhood [4:11:34] and last [4:11:36] thank you for your comments thank you [4:11:38] for the handout [4:11:40] and so what it has I'm sorry it was [4:11:43] asking for [4:11:45] um [4:11:46] the discussion for re-establishment of [4:11:48] the beautification task force committee [4:11:51] which I know there's a lot of when I say [4:11:53] a lot that's but it's wrong what I mean [4:11:56] by that is is it a standing committee is [4:11:58] it under the brown act those are things [4:12:00] that would need to be vetted right so [4:12:02] that we have it structured correctly but [4:12:04] with that I'll open up to my colleagues [4:12:06] councilman Medina yes I would be [4:12:09] appropriate to discuss that so I am in [4:12:11] support of this and the way it used to [4:12:13] exist but maybe if we could add some [4:12:15] additional structure to it uh we could [4:12:17] definitely fortify there is still one [4:12:19] reference to it in the municipal code so [4:12:21] uh it's a good thing we're bringing it [4:12:23] back so I am in support uh vice mayor [4:12:26] Hamilton any comment [4:12:28] I agree with both both comments that so [4:12:31] far and I'm I don't know if you have an [4:12:33] extra one or I can use mine I can hand [4:12:35] it over to staff that's okay so that [4:12:37] they have the basis in which to or thank [4:12:38] you councilmember Medina oh he and she [4:12:41] has an extra [4:12:42] um if that can be done so that and [4:12:43] presented and so we are looking for the [4:12:46] discussion with the handout that has now [4:12:48] been presented to staff for uh how they [4:12:52] can uh put that together [4:12:55] uh to bring it back with that caveat of [4:12:58] Staff involvement uh Brown act standing [4:13:02] committee those type of elements is that [4:13:04] fair city manager absolutely mayor we [4:13:06] still need to go through the appointment [4:13:08] of city council members to various [4:13:10] standing and ad hoc committees and so [4:13:12] when we discuss that item uh staff will [4:13:15] bring this item forward and I think uh [4:13:17] we can give some thoughts on how to more [4:13:20] formalize it and align it to our [4:13:22] structure but uh certainly we will do [4:13:24] that and support that process if so [4:13:27] directed which I'm assuming because [4:13:30] everybody there was no roll call one but [4:13:32] I I thought I heard General concurrence [4:13:34] to direct staff to bring this back at [4:13:37] um subsequently and we will aim to do [4:13:40] that when we appoint council members to [4:13:43] the various standing and adult [4:13:44] committees okay thank you [4:13:47] um with that um the way the new rules [4:13:49] work I mean even though the mayor just [4:13:51] real I'm sorry go ahead I'm sorry to [4:13:53] interrupt uh just if someone can send me [4:13:55] a copy of the handout that would be [4:13:57] great [4:13:57] since I can't grab it [4:13:59] physically [4:14:02] oh oh yes okay yes we'll do that it's [4:14:04] going to be done right now [4:14:07] vice mayor Hamilton I can email you a [4:14:10] copy Perfect all right I appreciate that [4:14:13] thank you thank you uh but I think under [4:14:15] the new policies and procedures uh [4:14:17] though you have a total Five-0 [4:14:19] concurrence we have to have a vote an [4:14:20] emotion [4:14:22] so [4:14:23] um so moved [4:14:25] okay uh motion Medina seconded uh [4:14:28] Salazar roll call please [4:14:34] councilmember Alvarez [4:14:37] councilmember Marty Medina yes council [4:14:40] member Salazar yes vice mayor Hamilton [4:14:43] yes mayor Rico Medina yes [4:14:46] uh passes 5-0 and at this time [4:14:48] councilmember Alvarez is there anything [4:14:50] else under comments that you would like [4:14:52] to offer this evening you don't have to [4:14:55] but if there is this would be the [4:14:56] opportunity not at this point Thank you very much thank you for that [4:14:59] let's move on to Item B uh council [4:15:02] member Salazar request to discuss [4:15:04] revisions to existing cannabis [4:15:06] regulations including zoning number of [4:15:08] allowed businesses and the process for [4:15:11] awarding permits council member Salazar [4:15:13] thank you Mr Mayor I I actually did have [4:15:16] some things written out but given the [4:15:17] late hour and being that I don't want to [4:15:19] use up our hour extension I am going to [4:15:22] limit this to my request for support [4:15:26] from the council to ask staff to bring [4:15:28] back a revised ordinance or ordinances [4:15:31] if required that would modify our [4:15:35] current uh [4:15:36] our current zoning our current uh [4:15:42] limit on the number of dispensaries in [4:15:45] the city [4:15:46] and uh also the process by which permits [4:15:51] uh or licenses would be [4:15:54] assigned [4:15:57] um [4:15:59] so I I mean I could I could go into some [4:16:02] other details but as I said given the [4:16:04] delayed hour I really just want uh an [4:16:06] opportunity for this to come back [4:16:08] um my intent is to limit the number of [4:16:11] uh [4:16:13] of areas within the city where it's [4:16:15] permitted and to reduce the number of [4:16:18] licenses that are issued [4:16:25] um [4:16:26] yeah yes is there any questions or uh [4:16:30] questions from colleagues in regards to [4:16:32] council member salazarus [4:16:36] councilman sure [4:16:38] so [4:16:40] how does this affect what we're [4:16:44] it's totally going to revise it so I'm [4:16:45] looking over at the [4:16:46] um for our [4:16:48] staff to kind of chime in on [4:16:51] this [4:16:53] city manager sure and thank you [4:16:58] councilmember Medina and we were just [4:17:01] having a little side conversation here I [4:17:03] think we were we would need [4:17:04] clarification and specifics to bring [4:17:07] back a revised ordinance uh what I in [4:17:10] lieu of doing that I think what we can [4:17:12] do is agenda is a discussion amongst the [4:17:15] city council if so moved by the majority [4:17:18] of council here tonight and based on [4:17:20] that discussion [4:17:22] um I think Council should provide clear [4:17:24] Direction on revisions to the ordinance [4:17:26] and on regulations if uh if so desired [4:17:30] and then we would then draft those have [4:17:32] them reviewed of course by staff and our [4:17:35] City attorney and then schedule it at a [4:17:37] subsequent council meeting for adoption [4:17:42] um or first reading right and and given [4:17:45] that uh there is a process uh that's [4:17:48] already put in place and that I don't [4:17:50] want to run afoul of any anything that's happening I did want to expedite [4:17:54] and so I can provide specifics of what I [4:17:57] would be requesting if that would [4:17:58] facilitate bringing back an ordinance [4:18:00] that could then be discussed modified at [4:18:03] a meeting rather than having an open [4:18:04] discussion that would then lead to the [4:18:07] presentation of an ordinance that would [4:18:09] then have to come back for two readings [4:18:10] so very specifically I could tell you [4:18:13] that my intent is to remove downtown and [4:18:16] tan Fran from the uh the zoning that's approved currently and it is also [4:18:22] my intent to reduce the number of [4:18:24] businesses from the four down to two uh [4:18:29] where one of them would be required to [4:18:31] be a delivery service and one could be a [4:18:34] potential retail or they could both be [4:18:37] delivery services and [4:18:40] um [4:18:41] and I I would like I would I would limit [4:18:43] it to that [4:18:47] I see manager is that what you're [4:18:48] looking for [4:18:53] I think that if Council support here [4:18:55] tonight uh to bring that back and we [4:18:57] would uh look to schedule that [4:18:59] discussion with that revised ordinance [4:19:02] that I believe has to occur at a regular [4:19:04] meeting if there is a direction from the [4:19:07] city council to do that expeditiously we [4:19:10] would calendar that for the January 24th [4:19:14] meeting which is your next regular [4:19:15] meeting [4:19:18] and I do think that we would need to do [4:19:21] um notifications to very I I believe the [4:19:24] interested parties list [4:19:26] has an interested party list for our [4:19:29] cannabis regulations I think um it would [4:19:31] be an incumbent Upon Us inappropriate to [4:19:33] send a notification uh to all of those [4:19:36] individuals on that interested party [4:19:38] list and anyone that we know has pulled [4:19:43] an application or asked questions of uh [4:19:46] staff in in the intention to develop an [4:19:49] application and so we would provide [4:19:51] those uh notice notifications that this [4:19:54] would be discussed at the January does [4:19:55] and reduce the number of allowable [4:19:58] permits at the city could Grant to two [4:20:02] one being delivery and the other being [4:20:05] either delivery or retail or and or both [4:20:08] correct correct [4:20:14] I was just going to clarify that the [4:20:16] Apple commercial cannabis operator [4:20:19] permits application deadline has been [4:20:22] set for next Tuesday [4:20:25] so we would know by [4:20:27] before the 24th who had submitted [4:20:29] applications and we could also obviously [4:20:31] inform that group anyone who had submit [4:20:33] uh the permit and the information did [4:20:36] make it very clear that the city council [4:20:39] still reserves the right to award up to [4:20:43] four or less than four and so should you [4:20:45] make that change uh know that we we've [4:20:49] talked we believe sufficient notice was [4:20:51] provided that the city council has [4:20:54] discretion now on how many permits you [4:20:57] would issue [4:20:59] uh councilman Medina [4:21:02] yeah I'm a little concerned about the [4:21:03] detail that we're going this is this is [4:21:05] Council Commons and it should be we're [4:21:08] getting way too specific that it's not [4:21:10] agenda so I believe the way it's [4:21:12] supposed to work is you say that you're [4:21:16] going to have a discussion of the item [4:21:18] like councilman councilwoman Alvarez [4:21:22] just did but I think the specifics of [4:21:24] what you're trying to do in in a [4:21:27] non-agend diet the City attorney it's [4:21:29] this isn't an agendized topic and we're [4:21:31] getting into the specifics of the [4:21:33] changes [4:21:35] and I don't know if that I'm questioning [4:21:37] if the if that's appropriate so there's [4:21:40] a question on the process which has been [4:21:43] established already but uh City attorney [4:21:46] mayor Medina and council member Medina [4:21:48] the [4:21:49] um [4:21:50] the city council's not actually taking [4:21:51] action on these items what it's doing is [4:21:53] giving direction to staff to come back [4:21:55] with [4:21:56] an agendized item that you will consider [4:21:59] these changes to the [4:22:02] um to the Cannabis ordinance at that [4:22:04] point you will have the gender will [4:22:07] provide you're just discussing [4:22:10] um [4:22:11] you're discussing revisions and [4:22:14] directing staff to come back with uh [4:22:17] with proposed changes that you will [4:22:19] consider on a properly agendized meeting [4:22:23] sure but the revisions are pretty [4:22:25] detailed and [4:22:28] um I'm not going to support this [4:22:31] I think I think to have the study [4:22:33] session to talk about it but to to [4:22:36] manipulate it so that you can get it [4:22:38] changed for another meeting I think I [4:22:41] think that's beyond [4:22:43] the intent that [4:22:46] well I would only say that uh [4:22:49] in in uh in the past Council comments [4:22:54] were not agendized and we were [4:22:56] prohibited from having open discussion [4:22:58] and we would we were limited to [4:23:00] providing direction to staff to bring [4:23:02] something back but that changed that [4:23:05] changed when uh we decided that we would [4:23:08] agendize and basically spell out the [4:23:11] action that we intended to take and so [4:23:13] this this was agendized I think I was [4:23:16] very clear in uh the topics that I [4:23:18] intended to discuss and I I don't think [4:23:21] it's inappropriate but I I am hoping [4:23:23] that at least two of my colleagues will [4:23:25] support uh letting this move forward [4:23:30] city manager [4:23:34] thank thank you [4:23:35] mayor Medina just on this topic I do for [4:23:40] me feel that the threshold line is we [4:23:42] are not tonight discussing the merits of [4:23:46] the changes that council member Salazar [4:23:49] is asking to be discussed at a later [4:23:52] meeting [4:23:53] but Council and providing Clarity to [4:23:57] staff on what his proposal is for that [4:24:01] meeting to be [4:24:02] and should there be majority concurrents [4:24:06] I think staff would take that direction [4:24:08] and say we have had a council member [4:24:12] agenda is a topic that they would like [4:24:15] to have their colleagues discuss they [4:24:17] have clearly articulated what that topic [4:24:19] is [4:24:21] in a majority of council has provided [4:24:23] direction to staff to agendize that that [4:24:26] discussion and so we're not discussing [4:24:29] the merits we're clearly just getting I [4:24:31] think a clear understanding of what the [4:24:34] council member would like discussed [4:24:38] or we're working on now [4:24:40] whether it's storm related all the other [4:24:43] stuff that we're dealing with we're [4:24:46] going to tell staff stop that and do [4:24:48] this [4:24:51] no that's okay you can say yes what yeah [4:24:54] and what else want to make sure I [4:24:55] understand number of ordinances and the [4:24:57] resolutions that were put in place I'm [4:24:59] not asking that everything be redone I'm [4:25:01] not asking staff to do any additional [4:25:02] work I'm asking for very specific [4:25:04] changes to one or more ordinances if it [4:25:07] crosses over into two ordinances I was [4:25:09] very specific about what I requested [4:25:10] this shouldn't take a lot of Staff time [4:25:12] this is I I was very specific and it's [4:25:15] very detailed so if if that you if you [4:25:18] think that's going to derail other [4:25:20] um or we try to do that we give [4:25:22] direction from this body if there is a [4:25:24] majority on what to do which this once [4:25:27] this policy went into effect this [4:25:29] Council has done that whether it's [4:25:32] 504132 to say this is now a priority we [4:25:35] want to bring this forward so but I I [4:25:37] see the the city manager go ahead [4:25:39] foreign [4:25:42] [Music] [4:25:49] I'm not reading the the language and [4:25:52] your policies and procedures but we were [4:25:55] very [4:25:57] um [4:25:57] clearing those discussions that if a [4:26:01] item is requested to be brought back [4:26:06] urgently immediately uh we staff asked [4:26:10] that it that the council essentially [4:26:12] make a determination that this is a very [4:26:14] important [4:26:15] item and we would like staff to [4:26:17] prioritize it respecting that the [4:26:20] manager or the City attorney has the [4:26:22] ability to say hey I don't think that we [4:26:24] can accomplish that or it will be [4:26:27] council member Salazar articulate [4:26:29] is because the applications are [4:26:33] um [4:26:34] processes open uh he feels that this is [4:26:38] a urgent thing that he is requesting his [4:26:40] support from his colleagues to direct [4:26:43] staff to agenda's soon [4:26:47] um [4:26:48] I do believe that because it's it's [4:26:51] amending ordinances that we've already [4:26:53] drafted that with clear direction we can [4:26:56] accomplish [4:26:57] caveat beam [4:27:00] if a major storm hits and we divert a [4:27:02] bunch of attention right I I reserve the [4:27:04] right to send counsel and email saying [4:27:06] you know I X Y and Z has happened I [4:27:09] don't think we'll be able to do that by [4:27:10] the 24th we will do that [4:27:13] um [4:27:13] at another meeting [4:27:15] I think with this item what also [4:27:20] um [4:27:21] we are talking a change to an ordinance [4:27:24] that will require two readings that will [4:27:28] um we need to sort of plan out all of [4:27:31] that [4:27:32] but if counsel is saying that this is a [4:27:35] important item that you would like [4:27:37] discuss soon [4:27:38] I do believe that we can agendize that [4:27:40] for the [4:27:43] um January 24th date now if [4:27:49] looking at the the schedule we we may [4:27:51] want to say [4:27:52] um we're going to push some of the [4:27:54] regular business sort of up earlier or [4:27:56] have a special meeting we still need to [4:27:58] do that but but so to discuss it now we certainly need to do notifications to [4:28:04] the interested party list [4:28:06] and provide those [4:28:08] um uh people that are currently actively [4:28:11] submitting uh permits with that notice [4:28:14] um and so we will expeditiously do that [4:28:17] frankly uh beginning tomorrow morning if [4:28:20] so directed by the by the city council [4:28:22] of [4:28:24] changing things around right that's my point [4:28:27] so [4:28:29] um I still think I'll just wait so thank [4:28:32] you for that explanation that [4:28:34] hopefully it doesn't storm too much and that it doesn't mean modifications [4:28:37] can't be made at that time is that [4:28:39] correct [4:28:45] mayor Medina [4:28:46] we would have an ordinance in front of [4:28:48] you we'd have the same limitations that [4:28:50] we would typically have with a nordics [4:28:52] which is very difficult to modify draft [4:28:55] an ordinance from the dice but [4:28:57] we could make changes [4:29:00] okay thank you as long as they were [4:29:02] saying um I just want to ask [4:29:04] councilmember Hamilton because I can't [4:29:06] see oh there you go now I can see but I [4:29:08] haven't been able to see it so I just I [4:29:09] had a note here I'm just calling I've [4:29:11] been waiting for the the this part of [4:29:13] the conversation to end I I would have I [4:29:15] would have through the mayor to my way [4:29:16] in [4:29:17] um so so my question would be that since [4:29:20] the since the [4:29:22] uh permit filing period is open with the [4:29:24] deadline of next week if permit applications are received for [4:29:32] potential [4:29:34] businesses that are in the in the areas [4:29:38] that are being proposed to be removed by [4:29:41] ordinance what happens then I mean we [4:29:44] would we [4:29:46] what happens then [4:29:48] so we've already got it we've already [4:29:50] got it submitted uh [4:29:52] um [4:29:53] permit application for an area that's [4:29:56] currently [4:29:58] that by our rules are currently is is [4:30:00] currently fine [4:30:03] we would then go back to them and say oh [4:30:06] sorry we're changing the rules [4:30:10] foreign [4:30:12] manager sir uh thank you uh council [4:30:16] member uh Hamilton uh certainly [4:30:19] there's the possibility that [4:30:23] um [4:30:25] we may receive an application by the due [4:30:27] date of next Tuesday for [4:30:30] um either downtown or [4:30:34] tanfran and the majority of the council [4:30:38] may decide uh to revise the ordinance to [4:30:42] exempt those areas [4:30:43] that would mean that we would need to [4:30:45] look at our process and likely [4:30:48] um I think we could obviously assume [4:30:50] that someone that applied downtown will [4:30:52] say hey I didn't have the opportunity to [4:30:55] look at other areas because I thought [4:30:57] that [4:30:58] um this area that I was applying for [4:31:00] would be allowed and so we would need to [4:31:03] consider that I don't want to sort of [4:31:05] proffer on the Fly what we would do but [4:31:09] I but I I hearing the council member [4:31:13] Salazar's request actually honestly for [4:31:15] the first time tonight [4:31:17] um I think we need to think that through [4:31:19] and how we would modify the process [4:31:22] what I would say and I I hesitate to say [4:31:25] this that [4:31:26] if it's supported by a majority of the [4:31:28] council to look at this maybe that is [4:31:31] one of the reasons why having this [4:31:33] conversation sooner rather than later [4:31:35] may be a good thing [4:31:36] because we have people [4:31:38] uh applying for a permit based on a set [4:31:43] of criteria that the city council [4:31:46] established [4:31:48] if the city council is thinking about [4:31:51] changing that criteria I don't know that [4:31:53] to be the case but if [4:31:55] um we should probably do that sooner [4:31:58] rather than later [4:31:59] and so [4:32:02] if a majority of the council supports [4:32:04] staff agendizing that and we would come [4:32:08] back and have that discussion and again [4:32:09] I think we would need to notify the [4:32:14] um interested party list or anyone that [4:32:16] has picked up an application or called [4:32:18] in with a question to say hey I I'm [4:32:20] looking at [4:32:22] um your application packet that you [4:32:25] submitted and so we would certainly do [4:32:28] that if directed [4:32:30] okay and and we do have a member of the [4:32:32] public so I had a question but I want to [4:32:35] uh please uh until as the hours late [4:32:38] we have one remote hand raise Courtney I will be bringing you in [4:32:45] Courtney you may begin whenever you're [4:32:47] ready [4:32:48] hi yes can you all hear me yes we can [4:32:50] hear you all right thank you so much so [4:32:53] um my name is Courtney Caron and I am a [4:32:55] cannabis attorney who has specialized in [4:33:00] um the merit-based application process [4:33:02] for the last several years and what I'm [4:33:05] hearing right now is is problematic to [4:33:07] me excuse me and also causing me a [4:33:10] little bit of stress because [4:33:12] individuals who apply for these [4:33:15] merit-based application processes spend [4:33:17] a great deal of time and money preparing [4:33:20] applications and part of of that process [4:33:23] that you've implemented is having a [4:33:25] property that is zoned correctly and [4:33:28] just the entitlement of of getting that properly zoned property [4:33:33] um you know can cost you know thousands [4:33:36] upon thousands of dollars during this [4:33:38] holding period of preparing the [4:33:40] application and so if the city is [4:33:42] actually considering the city council [4:33:45] members are actually considering [4:33:46] modifying the existing ordinance that [4:33:49] has been used to create this merit-based [4:33:52] process then frankly the merit-based [4:33:54] process needs to be paused so that [4:33:57] nobody is spending you know additional [4:33:59] funds to prepare an application and [4:34:01] submit it only to find out that the [4:34:03] property that they have located in the [4:34:05] application they have prepared is [4:34:07] actually no longer going to be valid [4:34:08] under an amended ordinance so [4:34:11] um I really don't think it would be [4:34:13] advantageous for the city to accept [4:34:15] applications on the 17th if the city [4:34:17] council does intend to review that [4:34:19] ordinance because it is extremely unfair [4:34:22] to all of the applicants who may fall in [4:34:25] one of those those zones with a property [4:34:27] that is is going to be amended and [4:34:30] further I think you're going to find [4:34:32] yourself in quite a bit of litigation if [4:34:34] you do accept applications and then [4:34:37] modify an ordinance that excludes people [4:34:39] and then give those people you know an [4:34:42] additional timeline to find a new [4:34:44] property [4:34:45] I believe you're going to have you know [4:34:48] some real real issues with that just [4:34:50] based off my experience with this [4:34:51] merit-based application process in [4:34:54] pretty much every city in the state of [4:34:55] California that has had a merit-based [4:34:57] application process so I would just [4:35:00] caution accepting applications if the [4:35:03] intent is actually to revise the [4:35:06] ordinance and would strongly urge that that the city manager's office put [4:35:10] a pause on this entire process until the [4:35:13] city council has made a determination as [4:35:15] to whether or not they're actually going [4:35:17] to amend the ordinance that might affect [4:35:20] those who have already prepared [4:35:21] applications [4:35:23] um since since the finish line is just [4:35:24] around the corner here thank you so much [4:35:26] for your time [4:35:27] thank you for staying on this late and [4:35:30] thank you for your comments [4:35:31] City management sure so what I think is [4:35:35] important is that we not [4:35:37] um [4:35:38] try to make every decision that we may [4:35:40] need to make tonight I think what we're [4:35:42] hearing is [4:35:44] um based on an agendas Council Comet a [4:35:48] member of the city council asking their [4:35:52] colleagues to provide direction to staff [4:35:55] to to schedule an item if a majority of [4:35:59] counsel accepts that staff will do fully [4:36:04] perform that Duty I think that there are [4:36:06] other decisions that need to be made [4:36:08] want us notifying everyone [4:36:11] um certainly the manager's office has [4:36:12] the ability to extend the deadline or [4:36:15] pause applications I think based on what [4:36:18] council directs we will certainly take [4:36:22] the appropriate action and and look into [4:36:24] looking to what is the appropriate next [4:36:26] steps but I don't think we need to [4:36:28] process through those right now I think [4:36:30] what is before us is a member of the [4:36:33] city council asking their colleagues to [4:36:35] agenda as an item I think we address [4:36:37] that and then we let staff process [4:36:40] through all the decisions that need to [4:36:42] be made to prepare for your policy [4:36:45] discussion [4:36:46] thank you city manager is there any [4:36:48] other questions or comments from [4:36:50] colleagues at this time [4:36:52] already opened the public uh vice mayor [4:36:55] just want to make sure [4:36:57] okay thank you [4:36:59] um with that is there again any action [4:37:02] council member Salazar [4:37:04] um [4:37:05] following our new processes I will make [4:37:08] a motion [4:37:10] to uh direct staff to bring back revised [4:37:14] Origins [4:37:15] motion uh Salazar seconded Alvarez we're [4:37:19] all called please oh I'm sorry pause question city manager can I just [4:37:23] ask the council member to restate the [4:37:26] changes in his motion that he's asking [4:37:29] staff to make so we have complete uh [4:37:31] clarity thank you I I will do that so uh [4:37:35] I will make a motion that uh we direct [4:37:37] staff to bring back revised ordinance uh [4:37:41] that those two businesses can be either [4:37:45] both delivery services [4:37:48] or one delivery service and one retail [4:37:51] the permitted zones [4:37:54] a second [4:37:56] on the question city manager is that [4:37:58] which no mayor Rico Medina yes [4:38:03] that action passes uh 3-2 [4:38:09] anything else under uh Council comments [4:38:12] uh [4:38:13] just one comment I just wanted to uh [4:38:17] welcome our newest member to uh [4:38:21] thank you thank you vice mayor Hamilton [4:38:25] uh try going till three that's what I'm [4:38:27] doing [4:38:28] um [4:38:29] uh no I don't have any comments [4:38:32] thank you and do the lateness support [4:38:33] being here late and city manager I would [4:38:36] think please don't show up at eight in [4:38:38] the morning [4:38:39] um for the team so anyway with that we [4:38:41] will go ahead and adjourn the next [4:38:42] regular city council meeting that will [4:38:44] be scheduled on January the 24th 2023 at [4:38:47] 7 pm here at the senior center meeting [4:38:48] adjourned [4:38:52] okay [4:38:57] [Music] [4:39:41] thank you [4:39:47] [Music]