Agenda packet — San Carlos City Council, October 10, 2022

CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
October 10, 2022 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Masks are no longer required, but are still highly recommended in accordance with California Dept of Health Guidelines. To maintain public health and safety, please do not attend in person if you are experiencing symptoms associated with COVID19.

Provide Public Comment. To address the City Council on any item on the posted agenda, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.

Remote Participation :

Observe via:
Zoom. https://us02web.zoom.us/j/88256140939; or call 16699009128 and enter the Meeting ID #: 882 5614 0939
Meeting Webportal . www.cityofsancarlos.org/agenda Local TV. Comcast Channel 27 and AT&T Uverse Channel 99 Provide Public Comment. If you plan to make a public comment on any item on the posted agenda, please observe the meeting via Zoom (see above access information), and during the public comment period for the agenda item you wish to address, use the “raise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.

Councilmembers may participate in this meeting remotely as authorized by AB 361.

MAYOR: Sara McDowell
COUNCIL: Ronald Collins, John Dugan, Laura ParmerLohan, Adam Rak

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. CHANGES TO THE ORDER OF THE AGENDA

4. REPORT FROM CLOSED SESSION

5. PRESENTATIONS
a. Present a Proclamation Designating October 2022 as Domestic Violence Awareness Month.

6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Council Communications and Announcements are brief items from members of the City Council regarding upcoming events in the community and correspondence that they have received. They are informational in nature and no action will be taken on these items at this meeting.

7. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

Each speaker is limited to two minutes. If there are more than five individuals wishing to speak during public comment, the Mayor may choose to allow the first five speakers to speak during this time, and the balance of the Public Comment speakers will be called upon at the end of the Council Meeting.

If the item you are speaking on is not listed on the agenda, please be advised that the City Council may briefly respond to statements made or questions posed as allowed under the Brown Act (Government Code Section 54954.2). The City Council's general policy is to refer items to staff for attention, or have a matter placed on a future City Council agenda for a more comprehensive action or report and formal public discussion and input at that time.

8. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve the August 25, 2022 City Council Special Meeting Minutes. c. Approve the September 12, 2022 City Council Regular Meeting Minutes. d. Authorize the City Manager to Send a Letter in Response to the 20212022 San Mateo County Civil Grand Jury Report “Waiter! There’s a Car in My Soup!” e. Adopt a Resolution Authorizing the City Manager to Execute an Agreement for Professional Services for Arborist Consultant Services for a Period of Three Years, with the Option of Two, One Year Extensions, in an Amount not to Exceed $200,000 Annually with HortScience | Bartlett Consulting (HBC). f. Adopt a Resolution Authorizing the City Manager to Execute an Agreement for Website and Intranet Design, Development, Implementation, and Hosting Services to Revize Government Websites in an Amount Not to Exceed $219,392 for a Four Year Term, with Two, Two Year Options to Extend.
g. Adopt a Resolution Approving the Final Map for the 1525 San Carlos Avenue Development, Assessor’s Parcel Number (APN) 050123010. h. Accept the Quarterly Reports from City Commissions and Boards. i. Adopt a Resolution Authorizing Remote Teleconference Meetings of the City Council and Commissions Pursuant to Assembly Bill 361.

9. NEW BUSINESS
a. Consideration of Introducing an Ordinance Amending and Modifying San Carlos Municipal Code Chapter 15.04 Technical Building Codes to Adopt the 2022 California Building Code Series; and Introducing an Ordinance Adopting the 2021 Edition of the International Fire Code with the 2022 California Fire Code Amendments.

10. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting. a. Consideration of Agendizing an Item to Consider a One Time Grant to CORA (Community Overcoming Relationship Abuse).

11. ADJOURNMENT
__________________________________________________________________________________________ Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

In compliance with the Americans with Disabilities Act and Title VI, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 8024222 or via email at [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 1 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
October 10, 2022 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely as authorized by AB 361.

MAYOR: Sara McDowell
COUNCIL: Ronald Collins, John Dugan, Laura ParmerLohan, Adam Rak

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. CHANGES TO THE ORDER OF THE AGENDA

4. REPORT FROM CLOSED SESSION

5. PRESENTATIONS
a. Present a Proclamation Designating October 2022 as Domestic Violence Awareness Month.

7. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

2 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
October 10, 2022 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely as authorized by AB 361.

MAYOR: Sara McDowell
COUNCIL: Ronald Collins, John Dugan, Laura ParmerLohan, Adam Rak

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. CHANGES TO THE ORDER OF THE AGENDA

4. REPORT FROM CLOSED SESSION

5. PRESENTATIONS
a. Present a Proclamation Designating October 2022 as Domestic Violence Awareness Month.

7. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

3 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
October 10, 2022 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely as authorized by AB 361.

MAYOR: Sara McDowell
COUNCIL: Ronald Collins, John Dugan, Laura ParmerLohan, Adam Rak

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. CHANGES TO THE ORDER OF THE AGENDA

4. REPORT FROM CLOSED SESSION

5. PRESENTATIONS
a. Present a Proclamation Designating October 2022 as Domestic Violence Awareness Month.

7. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

4 August 25, 2022 1
San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Special Meeting
Conducted Remotely in Accordance with Assembly Bill 361 August 25, 2022, 9:00 AM

MINUTES

ROLL CALL
City Council Present: Sara McDowell, Mayor
Ronald Collins, Councilmember
John Dugan, Councilmember
Laura Parmer-Lohan, Councilmember
Adam Rak, Vice Mayor
Staff Present: Jeff Maltbie, City Manager
Crystal Mui, City Clerk
Gregory Rubens, City Attorney

1. CALL TO ORDER
The meeting was called to order at 9:04 AM by Mayor Sara McDowell.

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT
Debbie Baldocchi, resident, requested Council to discuss various topics at today’s meeting, including protecting of creeks, watersheds, night skies, existing open space, underground springs and wetlands. She also requested Council to require developers to contribute funds to the City for open space parks, enact transparency Ordinances for biotech labs on site and assign a city representative to the OneShoreline Group.

Sonia Elkes, resident, commented that portions of the Bicycle Pedestrian Master Plan may be outdated and requested changes to the area of Cedar and Arroyo to make it more bicycle friendly.

Kathleen Goforth, resident and member of the Peninsula Clean Energy Citizens Advisory Committee, requested Council takes steps to promote healthier homes and reduce greenhouse gas emissions.

4. STUDY SESSION
a. Discussion of Issues and Topics Affecting the City of San Carlos, Including, But Not Limited to the Items Listed in the Attachment. No Action Will be Taken on Any Items at This Meeting.

Infrastructure.
- Street Repair Protocol and Prioritization.

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August 25, 2022 2
Council directed staff to provide information in the council newsletter and city website on the prioritization process for street repair and consider including a flow chart to illustrate the process.
- Red Zones Near Corners in Residential Areas.

Council requested information on the holistic process for red striping on curbs and identifying areas in need.
- Sidewalk and Cross Walk Updates on Northwest Side on Brittan and Alameda; and Industrial Rd Near 24 Hour Fitness; Bike & Master Pedestrian Plan and Incorporating the New Safe Routes to Schools Report; and La Mesa Drive Traffic Calming.

City Manager Jeff Maltbie provided an update on these projects. - Ongoing Program of Sidewalk Installation.

Council spoke on their continued interest and commitment to installing sidewalks throughout certain areas of the City.
- Removal of Utility Graffiti Video.

Council directed staff to update the permitting process to require contractors remove utility markings from city streets and sidewalks when their projects are completed.

Mr. Maltbie noted that staff will:
o incorporate this requirement as part of the permitting close-out process;
o look into requiring contractors to retroactively clean-up their previously completed projects;
o clean-up the City’s own project markings;
o check on the large crack in the sidewalk on San Carlos Ave; and o provide a report back to Council.

East Side.
 East Side Residential Street Calming/Closure Traffic Plan Update.

Mr. Maltbie provided a brief update on the project and noted that staff will present options to consider at the next Council meeting.

Council requested additional outreach to ensure residents are aware of the discussions and plans.
 East Side Negotiations Update.

Mr. Maltbie provided a general update on the negotiations with east side developers and discussed next steps.
 Development Agreement Process.

Council requested being brought into the development agreement process early enough to have time to respond and provide meaningful input.  Community Benefits.

Council expressed interest in a community center that meets different needs in the community and suggested using Redwood City’s new community center as a potential model project.

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August 25, 2022 3
Council also discussed how the City should holistically consider community benefits and agreed that it’d be beneficial to delay its prioritization until projects begin to develop and there is more information to work with.

Housing
- Update on Cherry Street Affordable Housing Project.

Mr. Maltbie provided an update on this project, outlined the challenges with funding and noted that an item will be brought to Council in the near future to provide direction on how to proceed.
- Housing Element Update.

Mr. Maltbie noted that the draft Housing Element will be brought to Council at its September 26th meeting as a study session item.

Other
 Other Laurel Street Redesign Possibilities.

Council spoke on their preferred option for some portion of Laurel Street to remain closed.
 Tree Planting Program.

Council discussed an incentive based tree planting program and requested a study session to continue discussion and consider rubberized sidewalks to preserve existing street trees.
 Develop Policy on Billboards.

Council notified staff that they are not interested in additional billboards, however there was not a majority in support of agendizing a discussion on the development of a formal policy.
 Community Needs/Wants for Commercial- Retail Property.

Mr. Maltbie suggested Council consider funding a survey that focuses on the community’s commercial wants to establish a data set.

Council requested staff to provide more advanced public notice of Council mini retreats.

5. ADJOURNMENT
The meeting adjourned at 12:00 PM.

Crystal Mui,
City Clerk

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September 12, 2022 1

San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
September 12, 2022 7:00 PM

MINUTES

ROLL CALL

City Council Present: Sara McDowell, Mayor
Ronald Collins, Councilmember
John Dugan, Councilmember
Laura Parmer-Lohan, Councilmember
Adam Rak, Vice Mayor

Staff Present: Kristina Bell, Police Chief
Nil Blackburn, Assistant City Manager
Rucha Dande, Associate Planner
Steven Machida, Public Works Director
Jeff Maltbie, City Manager
Rebecca Mendenhall, Administrative Services Director
Crystal Mui, City Clerk
Lisa Porras, Principal Planner
Gregory Rubens, City Attorney
Al Savay, Community Development Director

1. CALL TO ORDER
Mayor Sara McDowell called the meeting to order at 7:00 PM.

2. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor McDowell.

3. CHANGES TO THE ORDER OF THE AGENDA

None.

4. PRESENTATIONS
a. Present a Proclamation Declaring September 15 to October 15, 2022 as Hispanic and Latinx Heritage Month.

Mayor McDowell presented a proclamation to Lilly Santos and Maria Medina, members of the Sequoia High School’s Latino Student Union.

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September 12, 2022 2

Ms. Santos, President of Sequoia High School’s Latino Student Union , spoke on the club’s goals and activities to celebrate their culture.

b. Present a Proclamation Designating September 2022 as Suicide Prevention Month.

Mayor McDowell presented a proclamation designating September as Suicide Prevention Month and shared a personal story.

Taylor Coutts, Program Manager for StarVista’s Suicide Prevention Hotline, shared information about their crises hotline and received the proclamation.

5. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Mayor McDowell spoke on the Sept ember 8 th homicide of Karina Castro. She sent condolences to Ms. Castro’s friends and families and the first responders involved and listed resources available to those who need assistance processing the event. Mayor McDowell also spoke on the services of CORA for anyone in a domestic violence situation.

Vice Mayor Rak requested staff look into ways the City can do more to support the community.

6. PUBLIC COMMENT

Mark Olbert, resident and former San Carlos Mayor and Councilmember , spoke on the September 8th tragedy in San Carlos and requested Council to consider contributing funds to support CORA and to lobby the County Board of Supervisors to purchase more housing for organizations like CORA to offer to victims.

7. CONSENT CALENDAR

RESULT:

Adopted [Unanimous] City Council Consent Calendar Items 'a ' through 'h'; and
Item i - Ordinance No. 1588 Amending Ordinance 1240 for the Planned Development Zoning District for the Property Located at 1087 Old County Road (APN 046184270).

MOVER: Ronald Collins
SECONDER: Laura Parmer-Lohan
AYES: Dugan, Collins, Parmer-Lohan, Rak, McDowell

a. Motion to Waive Reading of All Ordinances.

b. Approve Minutes of August 8, 2022 City Council Regular Meeting.

c. Approve Minutes of August 16, 2022 City Council Special Meeting.

d. Deny Claim of USAA.

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September 12, 2022 3

e. Adopt a Resolution Updating the Commission Handbook to Reflect Changes to the Planning and Transportation Commission. Resolution 2022-094

f. Adopt a Resolution Making Findings and Authorizing Remote Teleconference Meetings of the City Council and Commissions Pursuant to Assembly Bill 361. Resolution 2022- 095

g. Adopt a Resolution Approving the Use of the Library Excess Funds in Accordance with the Library Joint Powers Authority Agreement. Resolution 2022-096

h. Adopt a Resolution Authorizing the City Manager to Execute Agreements for Professional Services for On-Call CEQA Consultant Services. Resolution 2022-097

i. Adopt Ordinance 1588 Amending Ordinance 1240 for the Planned Development Zoning District for the Property Located at 1087 Old County Road (APN 046-184-270).

8. STUDY SESSION

a. Receive a Report and Provide Direction on Proposed Traffic Calming Measures in the Greater East San Carlos Neighborhood.

Public Works Director Steven Machida spoke on the traffic calming measures proposed by the Greater East San Carlos neighborhood, outlined staff actions and recommendations and responded to Council questions.

Public Comment:

Pam Cacci, commercial property owner, commented that not enough studies have been conducted in the area.

Mike Cacci, commercial property owner, commented that additional traffic studies need to be done on East San Carlos Ave. and Terminal Way and provided suggestions on a one way road.

Dimitri Vandellos, resident, provided suggestions on other traffic calming measures and voiced support of staff recommendation as a good first step.

Jennifer Rosse, resident, spoke in support of staff recommendation as a good first step and suggested future outreach meetings be conducted closer to their home.

Greg Walker, resident, spoke in support of staff recommendation as a good first step.

Damon Belanger, resident, spoke in support of staff recommendation as a good first step and suggested conducting additional studies to address issues that businesses have commented on.

Scot spoke in support of staff recommendation as a good first step and requested the City work with the most impacted residents who will have the pylons placed by their driveways.

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September 12, 2022 4

Council provided the following comments to staff:
- when evaluating future studies, consider what’s being done in the long term to address the influx of traffic
- continue community outreach and work with both residents and businesses for more data and input to pilot a holistic solution

9. NEW BUSINESS

a. Consideration of Adopting a Resolution Appointing the Community Foundation of San Carlos to Collect Donations for Victims of Crime in San Carlos.

City Manager Jeff Maltbie presented on the item.

RESULT: Adopted [Unanimous] Resolution 2022 -098 Appointing the Community Foundation of San Carlos to Collect Donations for Victims of Crime in San Carlos.

MOVER: Adam Rak
SECONDER: Laura Parmer-Lohan
AYES: Rak, Dugan, Collins, Parmer-Lohan, McDowell

b. Consideration of Adopting a Resolution Authorizing the City Manager to Enter into a Professional Services Agreement with Perkins&Will for Consulting Services to Prepare a Northeast Area Specific Plan Pursuant to the City Council’s Strategic Objective for the Northeast Area: Develop a Plan in Response to Continued D evelopment Interest in the Life Sciences and Biotechnology Sectors, and Develop Policies and Strategies to Incorporate Housing as Part of this New Development in the Amount of $1,422,182 and Authorizing a Contingency in an Amount up to $77,818.

Planning Manager Lisa Porras presented on the item. She provided background on the item, spoke on the consultant selection process and recommended having Perkins&Will provide consultant services. She, Consultant Geeti Silwal, City Attorney Greg Rubens and City Manag er Jeff Maltbie responded to Council questions.

Council stressed the priority to have the project completed before the moratorium
expires.

Councilmember Parmer-Lohan requested that the Climate Mitigation Adaptation Plan be included in this process as well.

RESULT: Adopt [Unanimous] Resolution 2022 -099 Authorizing the City Manager to Enter into a Professional Services Agreement with Perkins&Will for Consulting Services to Prepare a Northeast Area Specific Plan in the Amount of $1,422,182 and Authorizing a Contingency in an Amount up to $77,818.

MOVER: John Dugan
SECONDER: Laura Parmer-Lohan
AYES: Parmer-Lohan, Rak, Dugan, Collins, McDowell

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September 12, 2022 5

10. AGENDA SETTING

None.

c. Consideration of Appointing a City Representative to the San Mateo County Mosquito and Vector Control District to Fill a Term Ending December 31, 2024.

City Manager Jeff Maltbie presented on the item.

RESULT: Appointed [Unanimous] Councilmember Ronald Collins as the San Carlos Representative on the San Mateo County Mosquito and Vector Control District to Fill a Term Ending December 31, 2024.

MOVER: Adam Rak
SECONDER: Laura Parmer-Lohan
AYES: Collins, Parmer-Lohan, Rak, Dugan, McDowell

11. ADJOURNMENT

The meeting adjourned at 8:47PM.

Crystal Mui,
City Clerk

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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 10, 2022
ITEM TITLE: Authorize the City Manager to Send a Letter in Response to the 2021- 2022 San Mateo County Civil Grand Jury Report “Waiter! There’s a Car in My Soup!”
RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to send a letter in response to the 2021-2022 San Mateo County Civil Grand Jury Report “Waiter! There’s a Car in My Soup!” FISCAL IMPLICATIONS:

None at this time. Based on recommendations from the City Council, if additional funds are needed, they will be requested in a future report.

BACKGROUND:

Throughout San Mateo County, cities responded to the COVID-19 pandemic by establishing outdoor parklets for dining and shopping to help businesses remain open while providing a safe environment for diners and shoppers to eat, shop, and socialize. Cities on the Peninsula established temporary parklet programs. Construction of the parklets was authorized with limited oversight from cities. Cities still required encroachment permits, insurance certificates, and parklet plans from businesses seeking to establish parklets.

In December 2021, the Grand Jury started an investigation to understand the scope of the outdoor dining practice in the 20 cities on the Peninsula. Surveys were sent to all 20 City Managers with all cities responding to the survey. A follow-up interview was conducted with each city to confirm their submitted responses. The Grand Jury survey and its results can be found in Attachment 2.

After reviewing the survey results and the follow-up interviews, the Grand Jury selected six cities for further in-depth interviews. The cities selected were Burlingame, Menlo Park, Millbrae, Redwood City, San Carlos, and San Mateo. San Carlos, Redwood City, and Menlo Park all had established pre-COVID-19 parklet programs, while Burlingame, Millbrae, and San Mateo more than doubled their outdoor dining establishments. All six of these cities indicated that they were considering developing a permanent parklet program post-COVID-19.

ANALYSIS:

It was determined that most cities in San Mateo County had some form of outdoor dining prior to the COVID pandemic that consisted of sidewalk tables and chairs, onsite private dining areas, food trucks, stalls at Farmers’ Markets, and on-street parklets. However, as a result of the pandemic and the Governor’s Emergency Orders, cities were able to respond to the crisis by

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relaxing existing zoning, parking, and building standards to allow the use of parklets in the street right of way. This concept was so popular in San Mateo County, that the use of parklets more than tripled in 2021 when compared to prior years.

As stated above, the Grand Jury conducted follow-up interviews with the cities of Burlingame, Menlo Park, Millbrae, Redwood City, San Carlos and San Mateo to obtain a more in depth understanding of each city’s parklet program. The Grand Jury requires the six cities listed to respond to their final findings and recommendations.

City staff’s proposed response is below:

Findings
F1. The city has conducted permit compliance inspections as required under city regulations for its current outdoor dining facilities, but has not documented those inspections, which makes it difficult to manage compliance with permit requirements.

Response: The City respectfully disagrees with this finding. The City conducted parklet inspections and documented deficiencies. To help and support the business community, self-inspections were returned by the business owners. The City then followed up with inspections to confirm the results of the self-inspections. If deficiencies were noted, the parklet owner was given a designated time to make the corrections.

F2. The city has not documented certain known outdoor dining permit compliance deficiencies, which makes it difficult to mandate that corrections must be completed.

Response: The City respectfully disagrees with this finding. The City has conducted inspections, documented any deficiencies, and followed up with the parklet owners. Due to the nature of the COVID emergency, staff supported the use of temporary parklets to encourage the survival of the downtown businesses. Quick action was required during the early stages of the pandemic to meet this goal so staff created a preliminary inspection checklist. Staff is creating a more robust temporary parklet inspection program.

F3. The city has not documented corrections to certain known outdoor dining permit compliance deficiencies, which makes it difficult to ensure that any mandated corrections were in fact completed.

Response: The City respectfully disagrees with this finding. The City has conducted inspections, documented any deficiencies and followed up with the parklet owners. Due to the nature of the COVID emergency, staff supported the use of temporary parklets to encourage the survival of the downtown businesses. Quick action was required during the early stages of the pandemic to meet this goal, so staff created a preliminary inspection checklist. Staff is creating a more robust temporary parklet inspection program.

F4. The city has failed to adopt permanent outdoor dining regulations to replace the temporary regulations, which must expire, creating unpredictability and potentially terminating the city’s outdoor dining arrangements in a manner that would harm local business.

Response: The City respectfully disagrees with this finding. In March 2022, the City Council approved the preparation of the Downtown Specific Plan Project which will reimagine and re-envision the future of downtown San Carlos. A permanent parklet program will be

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considered as a component of the Downtown Specific Plan.

Recommendations
R1. The Grand Jury recommends that by March 31, 2023, the City Council should give direction to city staff on how to prioritize enforcement of the entirety of its current outdoor dining regulations.

Response: At the March 14, 2022 meeting, the City Council extended the temporary parklet program to September 1, 2023. In accordance with this directive, staff is creating a more robust temporary parklet inspection program.

R2. The Grand Jury recommends that by March 31, 2023, the City Council should give direction to city staff about whether to develop permanent outdoor dining regulations for potential adoption.

Response: The City has completed this recommendation. The City Council approved the preparation of the Downtown Specific Plan Project, which will consider establishing a permanent parklet program. This plan is scheduled to be completed in spring 2024.

Following is the link to the San Carlos Downtown Specific Plan web page. https://www.sancarlosdowntownplan.com
ALTERNATIVES:

The alternatives available to the City Council include:

1. Authorize the City Manager to Send a Letter in Response to the 2021-2022 San Mateo County Civil Grand Jury Report “Waiter! There’s a Car in My Soup!”; or

2. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida, Public Works Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Proposed Letter Responding to Grand Jury Report

2. Grand Jury Report "Waiter! There's a Car in My Soup!"

3. SMC Superior Court Letter 7.25.22

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2 5
4 October 25, 2022
Honorable Amarra A. Lee
Judge of the Superior Court
c/o Jenarda Dubois
Hall of Justice
400 County Center, 2nd Floor
Redwood City, CA 94063-1655
Hon. Amarra A. Lee:

The City of San Carlos hereby submits its response to the response to the 2021-2022 San Mateo County Civil Grand Jury Report titled “Waiter! There’s a Car in My Soup!” This response was approved by the San Carlos City Council at its regular public meeting of October 10, 2022.

Finding 1: The city has conducted permit compliance inspections as required under city regulations for its current outdoor dining facilities, but has not documented those inspections, which makes it difficult to manage compliance with permit requirements.

Response: The City respectfully disagrees with this finding. The City conducted parklet inspections and documented deficiencies. To help and support the business community, self-inspections were returned by the owners with follow-up city inspections conducted to confirm the results. If deficiencies were noted, the parklet owner was given a designated time to make the corrections.

Finding 2: The city has not documented certain known outdoor dining permit compliance deficiencies, which makes it difficult to mandate that corrections must be completed.

Response: The City respectfully disagrees with this finding. The City has conducted inspections, documented any deficiencies and followed up with the parklet owners. Due to the nature of the COVID emergency, staff supported the use of temporary parklets to encourage the survival of the downtown businesses. Quick action was required during the early stages of the pandemic to meet this goal so staff created a preliminary inspection checklist. Staff is creating a more robust temporary parklet inspection program.

Finding 3: The city has not documented corrections to certain known outdoor dining permit compliance deficiencies, which makes it difficult to ensure that any mandated corrections were in fact completed.

Response: The City respectfully disagrees with this finding. The City has conducted inspections, documented any deficiencies and followed up with the parklet owners. Due to the nature of the COVID emergency, staff supported the use of temporary parklets to encourage the survival of the downtown businesses. Quick action was required during the early stages of the pandemic to meet this goal so staff created a preliminary inspection checklist. Staff is creating a more robust temporary parklet inspection program.

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2 5
4 Finding 4: The city has failed to adopt permanent outdoor dining regulations to replace the temporary regulations, which must expire, creating unpredictability and potentially terminating the city’s outdoor dining arrangements in a manner that would harm local business.

Recommendation 1: The Grand Jury recommends that by March 31, 2023, the City Council should give direction to city staff on how to prioritize enforcement of the entirety of its current outdoor dining regulations.

Response: At the March 14, 2022 meeting the City Council extended the temporary parklet program to September 1, 2023. In accordance with this directive, staff is working on creating a more robust temporary parklet inspection program.

Recommendation 2: The Grand Jury recommends that by March 31, 2023, the City Council should give direction to city staff about whether to develop permanent outdoor dining regulations for potential adoption.

Response: The City has completed this recommendation. The City Council approved the preparation of the Downtown Specific Plan Project which will reimagine and re-envision the future of downtown San Carlos. This plan is scheduled to be completed in spring 2024.

Following is the link to the San Carlos Downtown Specific Plan web page. https://www.sancarlosdowntownplan.com
Respectfully submitted,
___________________________
Jeff Maltbie, City Manager

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2021-22 San Mateo County Civil Grand Jury
1 WAITER! THERE’S A CAR IN MY SOUP!
Release Date: July 25, 2022
Issue Summary Background Discussion Findings Recommendations Request for Responses Methodology Bibliography Appendices Responses

ISSUE
How have cities in San Mateo County adapted and learned from the outdoor dining emergency measures they adopted during the COVID-19 pandemic, and how do they plan to apply those experiences to their future outdoor dining policies?

SUMMARY
Prior to the COVID-19 pandemic, outdoor dining in San Mateo County was limited to sidewalk cafes and outdoor dining areas on restaurant property. Some cities experimented with early “parklet” programs that placed dining areas in some street parking. At times, city events such as farmers’ markets and festivals also provided patrons with outdoor dining opportunities.

In response to COVID-19, the State of California issued a series of emergency orders limiting business activities and ordering residents to shelter in place. When businesses were allowed to reopen, some cities adopted temporary regulations that fast-tracked permits for outdoor dining.

Cities discovered that outdoor dining kept many restaurants in business, while patrons embraced outdoor dining. In some cities, the municipal experience with outdoor dining policies is expected to be reflected in permanent policy changes.

The Grand Jury investigated several cities’ temporary outdoor dining policies. We discovered that some cities conducted no documented inspections of their outdoor dining facilities. Where inspections were performed, corrections of deficiencies were generally not documented.

Temporary ordinances are relatively easy for cities to adopt because they require little public input. In contrast, before permanent policies can be adopted as part of cities’ zoning codes, they must go through a time-consuming series of steps that allow the public to weigh in on the process. As of June 7, 2022, the City of San Mateo was the only city to have completed the process and transitioned away from emergency outdoor dining regulations to permanent policies.

Most of the cities we interviewed had not yet begun the process.

The Grand Jury recommends that city councils of the subject cities:

1. determine the extent to which they intend to enforce their current outdoor dining regulations; and

2. determine whether they wish to adopt permanent outdoor dining regulations.

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2 GLOSSARY
ADA - The Federal Americans with Disabilities Act (ADA) protects disabled people from discrimination, including by requiring that public accommodations be free from architectural barriers that make them inaccessible for use by disabled individuals.

Encroachment – An encroachment exists when a portion of the public right of way is taken for private use, such as when an eating establishment uses sidewalk or street parking space for table service.

Parklet - A space, typically converted from a public parking space, that extends from the sidewalk into the street and is set aside for amenities or commercial activity such as outdoor dining, is known as a parklet.

BACKGROUND
Throughout San Mateo County, cities responded to the 2020 COVID-19 pandemic by embracing the concept of outdoor dining both to help restaurants stay in business and to provide a safe environment for diners to eat and socialize. These efforts took advantage of the County’s generally mild weather and its several attractive downtown areas. Early in 2020, County emergency health orders prohibited indoor dining, compelling restaurants to rely on delivery and takeout sales, and threatening their economic viability. Nationwide, 36% of accommodation and food services establishments, employing 5.7 million workers, experienced government-mandated closures.1 In addition to expanding their takeout and delivery options, restaurants in the County sought to move operations outdoors. To support local restaurants, cities adopted temporary changes to municipal codes, permit requirements, and other regulations to enable expanded outdoor dining facilities. Over time, as the utility and popularity of these temporary arrangements became evident, cities began to examine whether their temporary policies should be permanent.

Types of Outdoor Dining
Whether on privately-owned restaurant patios or in spaces shared with the public’s right-of-way, outdoor dining is enjoyed in many forms throughout cities around the world. Dining “al fresco” or “all’aperto” adds an element of entertainment to eating out at a restaurant. Open air dining allows families to enjoy eating together in a more informal and relaxed atmosphere. Not only does eating outdoors offer diners a special ambiance, but it also allows restaurants to increase their seating, serve more meals and raise their revenue.

When cities are incorporated, they generally set aside some of the available land as a right-of- way for public use. The right-of-way is used for automobile traffic, parking, bike lanes, sidewalks, and other pedestrian areas. When cities permit outdoor dining spaces to extend into the public right-of-way, food vendors can operate in public travel easements such as sidewalks

1 “Impact of the Coronavirus Pandemic on Businesses and Employees by Industry.” U.S. Bureau of Labor Statistics, Spotlight on Statistics, July 2021

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3 and streets. Examples of dining opportunities within the public right-of-way include sidewalk cafes, parklets, festivals, street vendors, food trucks, and farmers markets. Belden Place in San Francisco, Redwood City’s theater district, Burlingame Avenue, and B Street in the City of San Mateo have all taken cues from the sidewalk cafes of Europe by extending their restaurants into public spaces. These city uses of public space for outdoor dining have dramatically supplemented prior outdoor dining configurations provided by some restaurants, such as rooftop cafes, beer gardens, and patio or courtyard tables.

The outdoor dining atmosphere seems to resonate well with customers. Restaurant parklets and other outdoor dining formats have become a common sight in downtowns throughout the County since 2020 through experimental temporary changes to local outdoor dining regulations.

Outdoor Dining in San Mateo County
Outdoor dining has existed in San Mateo County for many years. For example, cities experimented with closing streets to automobile traffic, extending restaurant seating into public spaces, and widening sidewalks to make more room for sidewalk cafes. San Carlos, Menlo Park, and Redwood City were among the first to accept the parklet concept as a matter of public policy, converting a limited number of parking spaces to outdoor dining patios on an experimental basis. Redwood City, San Mateo, and Burlingame all had significant projects prior to 2020. Redwood City created Theatre Way, a pedestrian-friendly, restaurant-friendly corridor by closing a section of Middlefield Road, creating dedicated outdoor dining areas in the street. San Mateo helped to create an outdoor mall lined with outdoor dining running parallel to B Street, connecting theaters to parking garages. As far back as May 2013, Burlingame eliminated angled parking on Burlingame Avenue in order to widen sidewalks for a variety of sidewalk cafes.2 In July 2015, San Carlos approved an 18-month pilot program for outdoor dining on Laurel Street.

2 Bay Area News Group, “Burlingame Avenue undergoes short-term pain for long-term gain,” East Bay Times, June 10, 2013

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4 A Brief History of Parklets
San Francisco is credited with creating the first “parklet” and coining the term; it was a parking space that was repurposed into a small park-like space for public recreation – not for private business. In 2005, an urban activist group known as Rebar fed coins into a parking meter, unrolled some grass turf, and added a potted plant to create an urban “park.” Since then, cities gradually began to capitalize on the idea to include outdoor dining patios that expand business opportunities for eating establishments and attract more diners to downtown areas.

City Ordinances
City regulations, such as those governing outdoor dining, are generally created through city ordinances that are codified in the municipal code. California law mandates how such ordinances are adopted. First, the city staff drafts a proposal with input from various boards, commissions and committees as appropriate. The city council then solicits public input from specialized committees, by written or emailed comment, as well as public input

The First Parklet
Source: https://nacto.org/docs/usdg/parklets_tiny_parks_with_big_impacts_for_city_streets_gould.pdf

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5 at a public meeting of the city council that approves the ordinance.3 The following diagram illustrates the process by which a municipal zoning ordinance is adopted.

Figure 1. Ordinance Process Example4

Adopting a new city ordinance is a complex and lengthy process. However, mechanisms are available when local emergencies or other urgent conditions require a city to adopt new laws and regulations for limited periods of time. In the event of a local emergency, California law permits a city to declare local emergencies when a situation that calls for immediate action to avoid

3 Charter cities can be governed by provisions in their own charters rather than the general law of California, but the process is similar.
4 Excerpted from “Ordinance Process,” Statescape. https://www.statescape.com/resources/local/ordinance-process/

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6 serious harm to the public peace, health, safety, or general welfare.5 Alternatively, a local government can pass an urgency ordinance to take effect immediately where necessary for the immediate preservation of public peace, health, or safety and passed by a four-fifths vote of the city council.6 Both emergency orders and urgency ordinances generally lapse when the emergency or threat to public health conditions requiring their adoption ceases.

Building Outdoor Dining in the Public Right-of-Way
If a restaurant wishes to make use of public space, such as the city sidewalk or adjacent parking spaces, it must obtain a special permit from the city for encroachment in the public right-of-way prior to construction. Such permits specify the conditions that must be met for that encroachment. Typically, the applicant seeking the permit is required to indemnify the city from lawsuits, maintain a specified minimum amount of liability insurance, and comply with operational standards to ensure public safety. After a permit is issued and the facility is constructed, the city conducts inspections to ensure that what is built complies with the permit specifications. When inspections are completed, the permit is signed off and the restaurant can open to the public. If there are any permit compliance deficiencies, they must be resolved before the permit can be signed off.

Local agencies responsible for restaurant permit compliance inspections typically include the city planning department, building department, and the fire department. The planning department may have a permit process for the right-of-way encroachment. The building department may inspect construction for compliance with building codes, as well as ADA requirements. The fire department may inspect new construction for the adequacy of its fire suppression measures and execute periodic checks for sprinklers and fire extinguishers. Should any required inspections find something non-compliant, the issue must be rectified prior to final approval. The space cannot be occupied by the public until the permit has final approval.

Cities do not inspect restaurants’ daily operations, such as compliance with the food safety requirements, because that task is the responsibility of the County Health Department, which monitors compliance with food safety and similar legal requirements. Health Department inspections are primarily concerned with kitchen and bar operations, so their influence on outdoor dining regulation is limited.

The COVID-19 Health Emergency Orders
With the emergence of the COVID-19 virus in March 2020, the six Bay Area counties responded with declarations and emergency orders based on health and public safety conditions. The first order issued by the counties restricted business activities and ordered residents to shelter at home, which was followed by Orders from the California Governor’s office.7 Counties directed bars and clubs to close and restaurants to open only for drive-through or pick-up and delivery.8

5 Gov. Code § 8610 and § 8634
6 Gov. Code § 36937(b)
7 Executive Department, State of California, Executive Order N-33-20, March 19, 2020 8 Office of Governor Gavin Newsom, “California Takes Action to Combat COVID-19”

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7 In June 2020, the County released an emergency order that temporarily suspended outdoor dining use permit and zoning requirements, allowing restaurants in the unincorporated areas to move more operations outdoors.9 The cities issued their own temporary orders allowing outdoor dining, similar to the County order.

Impact on Restaurants
In 2021, the National Restaurant Association reported restaurant sales at $799 billion, down $65 billion from 2019’s pre-pandemic levels. The number of restaurant employees at the end of 2021 was 14.5 million, down one million from 2019’s pre-pandemic levels. Ninety thousand restaurant locations were temporarily or permanently closed.10

San Mateo County estimated that about 230 of its roughly 3,700 food facilities went out of business during the pandemic.11 Even restaurants with outdoor dining facilities were closed for a portion of the year, but those without outdoor dining options were particularly hard hit.

9 County of San Mateo, Director of Emergency Services, Emergency Regulation No. 1 for the COVID-19 Emergency
10 National Restaurant Association, “Restaurant Industry Facts at a Glance” 11 Pender, Kathleen, “COVID-19 pandemic takes businesses on rough ride”, Climate Online Redwood City, March 15, 2021

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8 Specifically, between March 2020 and March 2021, restaurant indoor dining was closed 78% of the year, while outdoor dining was closed only 33% of the year, as shown in Figure 2.12

Portion of the Year Bay Area Restaurants Were Closed March 2020 to March 2021 (By County)

Figure 2. Portion of the Year Restaurants Closed

Cities were quick to respond by fast-tracking permit applications for outdoor dining encroachment, waiving fees and streamlining the process. Sidewalk cafes and parklets rapidly became a familiar sight throughout the county, keeping many businesses from being shuttered.

As cities experimented or struggled with temporary measures during the COVID-19 crisis, some also began to think about the possibility of making permanent provisions for more outdoor dining.

DISCUSSION
This Grand Jury investigation examined how jurisdictions implemented their temporary outdoor dining regulations in the public right-of-way, and whether or how they planned to convert them into permanent policies.

12 Sulek and Rowan. “A year of COVID lockdowns: This Bay Area county stayed open months longer than others.

So what was the impact?”, The Mercury News, March 21, 2021

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9 Survey
The Grand Jury investigation began in late 2021. In order to understand the scope of outdoor dining in the County, we prepared a short survey about cities’ practices. We sought to identify cities with outdoor dining regulations prior to the pandemic, cities that created or modified outdoor dining regulations in response to the pandemic, and cities that anticipated adopting permanent outdoor dining regulations. The surveys were sent to the city managers of all 20 cities in the County (leaving aside unincorporated areas where County regulations would apply). We received responses from all, and the respondents agreed to a 10 to 20 minute follow-up telephone interview to confirm the survey responses. The survey and its results can be found in Appendix A.

Select Cities Interviewed in Depth
After reviewing the results of the survey and follow-up interviews, the Grand Jury selected six cities for in-depth interviews – Burlingame, Menlo Park, Millbrae, Redwood City, San Carlos, and San Mateo. The selection criteria included:

 Experience with permitted commercial establishments providing food or drink in outdoor public spaces prior to 2020;
 Sizable increases in the number of permitted commercial establishments providing food or drink in outdoor public spaces during the pandemic (by December 2021); and  The intention to develop or modify permanent regulations for these establishments after the pandemic.

Menlo Park, Redwood City, and San Carlos all had pre-COVID-19 parklet experience. The number of outdoor dining establishments in Burlingame, Millbrae, and San Mateo had more than doubled. These six cities all indicated their intention to develop permanent outdoor dining regulations post-COVID-19.13

Growth in Outdoor Dining
Prior to 2020, most cities had some form of outdoor dining experience, such as sidewalk tables, parklets, on-site private outdoor space, and food vendors at temporary farmers markets or festivals. Survey results indicated that, by late 2021, the number of cities that reported parklets had more than tripled from the year before.14

13 Grand Jury survey
14 Grand Jury survey

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10 The number of cities that saw sidewalk tables and outdoor dining parklets in use increased as shown below:

Figure 3. Outdoor Dining Availability (Source): Grand Jury Survey

Temporary Emergency Measures
The Governor’s emergency proclamation in response to the COVID-19 pandemic both prompted and enabled cities to adopt emergency ordinances to respond to the crisis.15 City officials were empowered to proclaim the existence of a local emergency with instructions as to how the city should respond.16 The six cities we focused on all issued similar proclamations to allow outdoor dining.17

As the impact of the pandemic continued, cities repeatedly extended their temporary orders. For example, Redwood City’s orders were extended four times, most recently set to expire July 5, 2022.18

15 Executive Department, State of California Executive Order N-33-20, March 19, 2020 16 City of Redwood City, City Code § 10.6
17 For example, see Redwood City’s proclamation attached as Appendix B. 18 Grand Jury interviews

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11 The six cities the Grand Jury interviewed at length temporarily relaxed zoning standards and waived permitting fees in an effort to help their business community. Restaurant owners were required to apply for temporary encroachment business permits.19

City Oversight of Outdoor Dining
Once cities determined that they would permit outdoor dining under some conditions, they also assumed an obligation to verify compliance with those requirements. For example, they had new responsibilities for inspections of parklet facilities, adequacy of traffic barriers, and following up on complaints about COVID-19 protocol compliance. This proved a challenge for some cities.

When we asked cities about their oversight process, we found that they exercised different levels of oversight – ranging from actively walking around to engage with the restaurants to simply following up on complaints from the public.20

We discovered that when the temporary orders allowed the option of outdoor dining, a number of restaurants took the initiative to start building outdoor dining facilities even before temporary permits were made available. Due to the nature of the emergency, cities were lenient and worked with these restaurants to fast-track the permitting process and issue permits.21

Each of the cities required permits in order to build outdoor dining facilities within the public- right-of-way (see Appendix B for an example). In only one of the six cities interviewed in depth by the Grand Jury were we able to locate evidence of documented permit compliance inspections. In that city, the permit inspection form included a checklist of a dozen items specific to building and fire safety codes (see Appendix C). The city’s process required the business owner to complete the form in order to schedule an inspection. The completed form was then used by the city’s inspection team as a checklist to verify compliance.22 The city issued 36 permits, of which 30 were provided to us. Of those, we found that 18 had deficiencies and that only one correction notice was documented.23 In the other cities, the Grand Jury was unable to obtain any evidence of permit compliance inspections.

Although their ordinances require all construction to be compliant with the requirements of the Americans with Disabilities Act (ADA), the cities emphasized that the onus is on the businesses to make sure they are ADA compliant. The Grand Jury found no evidence that compliance with ADA construction standards was an inspection item at any of the cities we interviewed in depth.

19 Grand Jury interviews
20 Grand Jury interviews
21 Grand Jury interviews
22 Grand Jury interview
23 Grand Jury correspondence

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12 Planning for the Future
In responding to our December 2021 survey, 12 of the 20 cities (and all six we interviewed in greater depth) responded that they planned to modify their outdoor dining regulations once the emergency order was lifted.24 At the time we finalized this report, only one of the cities we interviewed in depth had completed the full process of transitioning from temporary to permanent regulations. The temporary programs in cities that have not yet adopted permanent regulations are at risk for expiration once their emergency orders are lifted.

The experiences of three cities illustrate the complexity of developing a modern outdoor dining program:

Burlingame
Burlingame began its process in May 2021 when a city council subcommittee began discussion of a fee structure for permanent parklet regulations. Two months later, the city council requested that the staff distribute a survey to get public input on parklets, which reconfirmed the popularity of the parklet program and the need to provide additional certainty to businesses.25 At the December 2021 meeting, the city council approved the extension of the parklet program with the provision that a rent be charged for use of publicly owned space.26 Thus far, the process has taken seven months.

Redwood City
Redwood City responded to the COVID-19 shutdowns by relaxing the zoning and permit requirements for outdoor dining, allowing the expansion of outdoor dining operations.27 A task force composed of city staff and economic partners developed its temporary outdoor dining program.28 They met on a bi-monthly basis for most of 2021 until the program stabilized. For almost a year, multiple departments worked with consultants to develop more permanent guidelines.29 The effort was supported by business and community surveys that showed overwhelming support for the parklet program. Staff met regularly to review and discuss design, guidelines, fees, transition from the temporary program, ordinance amendments, and ADA requirements for a permanent outdoor dining program. In May 2022, city staff conducted a City Council study session for public input and Council feedback on a comprehensive outdoor business activities program.30 So far, this process has taken more than a year.

24 Grand Jury survey
25 City of Burlingame City Council meeting, August 16, 2021 26 City of Burlingame City Council meeting, December 6, 2021 27 Redwood City Proclamation Allowing Outdoor Dining, September 1, 2020 28 Redwood City Chamber of Commerce, Redwood City Downtown Business Group and Redwood City Improvement Association
29 The departments involved included: City Manager’s Office, City Attorney’s Office, Community Development and Transportation, Fire, Parks and Recreation.
30 City Council meeting, May 23, 2022; see Staff Report attached as Appendix D

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13 San Mateo
The City of San Mateo began its process of converting temporary to permanent outdoor dining regulations in June 2021, when the city council adopted a resolution to establish guidelines for a long-term parklet program and associated permit fees.31 After going through an eight-month process, the city council approved permanent parklet program guidelines32 in February 2022 that went into effect on May 1, 2022, after the temporary program expired.33

Burlingame, Redwood City and San Mateo are all following the normal ordinance process. Their experience is presented here to illustrate the complexity and time involved in the effort to transition from temporary to permanent ordinances. In two of the three cities, more work needs to be done before a permanent program is in place.

FINDINGS
Of the following findings, the first three apply to all six cities we examined in depth, and the fourth applies to all but the City of San Mateo:

F1. The city has conducted permit compliance inspections as required under city regulations for its current outdoor dining facilities, but has not documented those inspections, which makes it difficult to manage compliance with permit requirements.

F2. The city has not documented certain known outdoor dining permit compliance deficiencies, which makes it difficult to mandate that corrections must be completed.

F3. The city has not documented corrections to certain known outdoor dining permit compliance deficiencies, which makes it difficult to ensure that any mandated corrections were in fact completed.

31 City of San Mateo City Council meeting, June 21, 2021, “Resolution to establish guidelines for a long-term Parklet Program and associated permit fees”
32 City of San Mateo Parklet Program Guidelines, as revised February 4, 2022 33 Grand Jury correspondence

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14 RECOMMENDATIONS
Of the following recommendations, the first applies to all six cities we examined in depth, and the second applies to all but the City of San Mateo:

R1. The Grand Jury recommends that by March 31, 2023, the city council should give direction to city staff on how to prioritize enforcement of the entirety of its current outdoor dining regulations.

R2. The Grand Jury recommends that by March 31, 2023, the city council should give direction to city staff about whether to develop permanent outdoor dining regulations for potential adoption.

REQUEST FOR RESPONSES
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the city councils of the following cities:

Responding Agency Finding Recommendation
City of Burlingame F1, F2, F3, F4 R1, R2
City of Menlo Park F1, F2, F3, F4 R1, R2
City of Millbrae F1, F2, F3, F4 R1, R2
City of Redwood City F1, F2, F3, F4 R1, R2
City of San Carlos F1, F2, F3, F4 R1, R2
City of San Mateo F1, F2, F3 R1

The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act.

RESPONSE REQUIREMENTS
California Penal Code Section 933.05, provides (emphasis added):
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.

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15 (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore.

METHODOLOGY
Documents/Sources
The Grand Jury reviewed and consulted numerous reports, news articles, and webpages in preparation of this report. Sources include the cities, the county, and the state as well as research organizations and professional associations. For a complete list see the Bibliography below.

Survey
To gather basic information about outdoor dining in the County, the Grand Jury conducted a survey of the City Managers in each of the 20 cities in the County. All City Managers or their designees completed the survey, and all respondents completed a follow-up telephone call to validate the survey responses. The survey and survey responses are included in Appendix A.

Interviews
As part of the investigation, the Grand Jury conducted 20 telephone interviews consisting of 10- 20 minutes with each of the city survey respondents in order to validate their online survey responses. The interviewees included City Managers and other senior city staff.

From the 20 cities surveyed, the Grand Jury selected six for in-depth interviews to gain a better understanding of their experience with the creation of their outdoor dining in public spaces. The cities that were chosen represented a mix of populations and geography in the County. The Grand Jury interviewed ten responsible officials among the cities selected for in-depth interviews.

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16 BIBLIOGRAPHY
 Sharon Stang, “Impact of the Coronavirus Pandemic on Businesses and Employees by Industry,” U.S. Bureau of Labor Statistics, Spotlight on Statistics, July 2021, https://www.bls.gov/spotlight/2021/impact-of-the-coronavirus-pandemic-on-businesses- and-employees-by-industry/home.htm
 Sulek and Rowan. “A year of COVID lockdowns: This Bay Area county stayed open months longer than others. So what was the impact?” The Mercury News, March 21, 2021
 City of San Mateo Parklet Program Guidelines, as revised February 4, 2022. https://www.cityofsanmateo.org/DocumentCenter/View/85420/Permanent-Parklets- Guidelines?bidId=
 Coronavirus Timeline: Tracking major moments of COVID-19 pandemic in San Francisco Bay Area, accessed June 8, 2022. https://abc7news.com/timeline-of- coronavirus-us-covid-19-bay-area-sf/6047519/
 Staff Report May 23, 2022, Outdoor Business Activity Program (Parklet and Sidewalk Café Program) Study Session.
https://meetings.redwoodcity.org/AgendaOnline/Documents/ViewDocument/STAFF REPORT.PDF.pdf?meetingId=2338&documentType=Agenda&itemId=7269&publishId =10960&isSection=false

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17 LIST OF APPENDICES
APPENDIX A: Civil Grand Jury Outdoor Dining Survey Results

APPENDIX B: Sample Temporary Permit – Redwood City, September 1, 2022

APPENDIX C: Temporary Outdoor Parklet Inspection Checklist

APPENDIX D: Redwood City Staff Report May 23, 2022

APPENDIX E: City of San Mateo Parklet Encroachment Permit Application, February 4, 2022

APPENDIX F: Burlingame Outdoor Dining Brochure

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18 APPENDIX A
Civil Grand Jury Outdoor Dining Survey Results
All 20 San Mateo County cities responded between December 2, 2021 and January 7, 2022 The survey responses to 1) the “City Represented” and 2) the “Name of the Respondent” and email addresses are removed from the results shown below.

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22 APPENDIX B
Sample Temporary Permit – Redwood City, September 1, 2022

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25 ATTY/DOCS-PERMITS/2020.003/OUTDOOR BUSINESS APPLICATION REV: 09-01-2020 PR
Application Page 4 of 9

INSTRUCTIONS FOR COMPLETING APPLICATION
I. GENERAL

A. Complete the Application for the Temporary Outdoor Business Permit (COVID- 19) by filling in all requested information, and by signing the application as the Applicant on the second page.

B. Fees for encroachments under City Code Section 29.26 are waived by the Director of Emergency Services/City Manager.

II. INSURANCE (City Property or Right of Way)

A. Companies writing the insurance required under the Application shall be licensed to do business in the State of California, or be permitted to do business under the Surplus Line Law of the State of California.

COVERAGE REQUIRED

B. Where Applicant is using City property or Right of Way, Applicant shall procure and maintain throughout the duration of this permit the following insurance coverage:

Commercial General Liability Insurance. This insurance shall protect the Applicant from claims for bodily injury and property damage that may arise because of work performed pursuant to this permit.

1. Type of Coverage. This policy of insurance shall include the City of Redwood City, its Council, boards, commissions, officers, employees, and agents as insureds under this policy, but solely as respects liability arising out of all operations of the Applicant for work performed pursuant to this permit. This policy shall provide coverage to each of the said insureds with respect to said work. Both bodily injury and property damage insurance must be on an occurrence basis, and said policy shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declaration, and if the said insureds have other insurance against the loss covered by said policy that other insurance shall be excess insurance only.

2. Amount of Coverage. The bodily injury and property damage liability coverage for the comprehensive general liability insurance policy and the automobile liability insurance policy insurance shall each provide for the following limits of liability coverage: $1,000,000 on account of any one occurrence with an aggregate limit of not less than $1,000,000 combined single limit.

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26 ATTY/DOCS-PERMITS/2020.003/OUTDOOR BUSINESS APPLICATION REV: 09-01-2020 PR
Application Page 5 of 9

3. Umbrella Policy. At the option of the Applicant, primary limits may be less than required, with an Umbrella Policy providing the additional limits needed. This form of insurance will be acceptable provided that the Primary and Umbrella Policies both provide the insurance coverages herein required.

Worker’s Compensation and Employers’ Liability Insurance. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Applicant is required to secure the payment of compensation to their employees, and for that purpose, obtain and keep in effect adequate Workers’ Compensation Insurance. If the Applicant, in the sole discretion of the City of Redwood City, satisfies the City of the responsibility and capacity under the applicable Workers’ Compensation Laws, if any, to act as self- insurer, they may so act, and in such case, the insurance required by this paragraph need not be provided.

The Applicant is advised of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provision of that code, shall comply with such provisions and have Employer’s Liability limits of $1,000,000 per accident before commencing the performance of any work authorized by this permit.

III. PROOF OF COVERAGE

A. Prior to beginning work, Applicant shall furnish the City with copies of the insurance certificate and endorsements. The endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

B. Insurance must include endorsements naming the City of Redwood City, its Council members, officers, boards, commissions, employees, and agents as additional, primary insureds.

C. The endorsements are required for the General Liability Insurance.

D. The insurance certificates and endorsements are to be received and approved by the City before work commences.

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Exhibit “A”
Operational Standards

Eligibility

1. Outdoor Activities on private property shall be available only for those current tenants of the shopping center or commercial building and shall not be available to mobile businesses, or on vacant property, or on property without commercial tenants.

2. All Outdoor Activities conducted on private property must be done with consent of the property owner.

a) Outdoor dining may operate on private property and within the public right-of-way.

b) Retail may operate on private property and within the public right-of-way but limited to the sidewalk area only where space allows, consistent with applicable law including but not limited to ADA requirements. No use of on-street parking or closed streets is permitted.

c) Personal Services may operate on private property only. Electrolysis, tattooing and piercings are not allowed outdoors. Personal Services is defined in Zoning Ordinance Article 2 (Definitions), and any applicable Precise Plan, and includes but is not limited to hair salons, barbershops, nail salons, massage parlors, body waxing, facials and threading.

d) Fitness uses may operate on private property or in public parks. Use of public parks is considered by the Parks, Recreation and Community Services Department at (650) 780-7250 and not through the Outdoor Business Permit process. Fitness uses include but are not limited to gymnasiums, exercise studios, martial arts studios, health clubs, and similar uses.

Safety, Location, Accessibility

3. All Outdoor Activities shall be consistent with State Guidelines (including Statewide Industry Guidance), Executive Orders and County Health Requirements issued by the State and County in response to COVID-19 (“State and County Orders”). Outdoor Activities must, at all times, be operated in accordance with State and Country Orders, including but not limited to, health guidelines regarding number of patrons, disinfectants, table spacing, use of shared materials, staff hygiene, and social distancing.

4. No permanent item or structures shall be installed on City property. No permanent or temporary signage shall be affixed to any publicly owned structure, including but not limited to streetlights, benches, bus shelters, or similar appurtenances.

5. The Outdoor Activity area shall be contiguous to commercial structures or walkways immediately adjacent to commercial structures. Businesses on private property shall utilize outdoor space contiguous to their tenant space unless authorized by the landlord to use other space contiguous to commercial structures or walkways immediately

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adjacent to structures. Notwithstanding the foregoing, a landlord may designate an alternative location for consolidated outdoor dining of take-away meals or retail pickup provided all other provisions of this Proclamation and State and County Orders are followed.

6. Temporary barriers not exceeding three (3) feet in height shall be placed in a safe manner around the Outdoor Activity area.

7. The Outdoor Activity area must remain clear of drive aisles and fire lanes necessary to provide adequate vehicular circulation and access by public safety vehicles in the event of a fire, medical, or other emergency.

8. A temporary accessible ramp from curb to Outdoor Activity area is required if a permanent ramp is not already available.

9. Accessible parking stalls, accessible van loading areas, and associated paths of travel shall not be impeded by Outdoor Activity areas.

10. Businesses shall not be permitted to expand beyond pre-Covid-19 capacity.

11. No permanent items or structures shall be installed within the Outdoor Activity area.

12. All walkways and sidewalks shall maintain a five-foot clear path of travel.

Operations

13. Temporary canopies or tents must comply with fire requirements. Permits from the Redwood City Fire Department are required for canopies or tents over 400 square feet.

Only one side of the tent or canopy can be closed at any given time.

14. Hours of operation for Outdoor Activity uses shall not exceed the normal hours of operation for the corresponding business with which the outdoor use is associated.

15. Outdoor Activity areas shall be regularly maintained free of trash and debris.

16. Use of electric powered tools such as hair dryers, cutters, curling irons, steam machines, equipment for polishing or electric nail drills shall only be allowed if the cords are kept from the path of travel, and shall be removed at the end of each day. Hair blowers cannot be used outside.

17. Any outdoor alcohol consumption shall be in compliance with the rules and regulations of the Department of Alcoholic Beverage Control and State and County Orders.

18. No outdoor music or entertainment is permitted.

19. Outdoor cooking or grilling is not permitted.

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Exhibit “B”
General Terms and Conditions

1. Applicant shall not use the Project Site to transport or store any hazardous materials.

2. The Outdoor Activity shall not restrict visibility to any traffic control devices or signs.

3. The Outdoor Activity shall not occupy exclusive bike lanes (where parking is not permitted), bus stops, or “no parking zones.”

4. Upon request by the City, Applicant shall maintain and/or re-establish access to any blocked or covered utility pole, manhole, vault, cleanout, valve, junction box, meter box or other facility.

5. Applicant shall maintain Outdoor Activity and the Project Site in a good and safe condition.

6. Applicant shall ensure adequate visibility of the Outdoor Activity during daytime and nighttime hours.

7. Any public and/or private improvements damaged by the Outdoor Activity must be repaired or replaced in-kind to the satisfaction of the improvement owner and at Applicant’s expense.

8. Applicant shall, at Applicant’s expense, remove said Outdoor Activity, and this permit shall terminate upon expiration of the Emergency Proclamation, or within thirty (30) days after written notice from the City Engineer, whichever is sooner.

Applicant agrees that in the event of failure to remove such Outdoor Activity within the time specified, the same may be removed by the City at Applicant’s expense, which cost shall be reimbursed by Applicant to City.

9. Applicant shall comply with applicable City noise ordinances. Applicant shall also comply with all applicable local, state and federal laws, regulations, rules and orders, including without limitation all environmental laws, and further including City Code Chapter 29 (Streets, Sidewalks and Work in or Use of City Right of Way) except where exempted under the Emergency Proclamation.

10. If the Project Site is City property or Right of Way, Applicant shall make no alterations whatsoever to the Project Site unless authorized in writing in advance by City. Any alterations authorized by City shall be constructed in strict conformance with plans approved by City.

11. This Permit, together with these General Terms and Conditions and any referenced exhibits, attached hereto and incorporated herein by reference, constitutes the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statement with respect thereto. This Permit may be amended only by a written instrument executed by the parties hereto. If any term, provision, or condition of this Permit is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Permit shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby.

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12. A waiver by either party of the performance of any covenant or condition herein shall not invalidate this Permit nor shall the delay or forbearance by either party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right. No waiver of any breach of any covenant or provision of this Permit shall be deemed a waiver of any subsequent breach of the same or any other covenant or provision hereof. No waiver shall be valid unless in writing and executed by the waiving Party.

13. The rights granted hereby are personal to Applicant and may not be transferred or assigned by operation of law or otherwise without the written consent of City.

Nothing in this Permit is intended to or shall confer upon any person other than the Parties any rights or remedies hereunder.

14. Working hours are limited to normal operating business hours. Applicant shall be solely responsible for providing all protective and safety measures necessary.

15. Applicant shall provide for safe movement of vehicular, bicycle, and pedestrian traffic including persons with disabilities in accordance with the Americans with Disabilities Act (ADA) through and around construction operations.

16. Final Decision; Appeal. The issuance of this permit shall constitute the final decision of the Community Development and Transportation Department. If Applicant wishes to dispute any condition of approval listed in this Permit, it has fifteen (15) days from the date of permit issuance to file an appeal to the City Manager or designee, which may be a hearing officer. The appeal shall be heard as soon as feasible and informally conducted.

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31 APPENDIX C
Temporary Outdoor Parklet Inspection Checklist
Temporary Outdoor Parklet Inspection Checklist
Use of sidewalks, parking places, or City streets for dining, gathering, or display of retail wares requires an encroachment permit from the City of San Carlos. Encroachment permits are for temporary use only and may be discontinued or revoked at any time. By filling out the blanks and checking each box below, you acknowledge that you are in compliance with all requirements herein. Please complete this checklist and information form and submit them online to the following: [email protected] by January 18, 2021.

Business Name:
___________________________________________________________________ Business Owner:
___________________________________________________________________ Business Address:
_________________________________________________________________ Contact Mobile Number:
____________________________________________________________

 An encroachment permit from the Public Works Department is required for all temporary outdoor parklets. (Public Works) Your Encroachment Permit No: _____________________ (Public Works)
 Parklets may only contain seating, tables, umbrellas, tents, canopies, membrane structures, and other types of shade or weather coverings. (Public Works)  Every permitted parklet shall have a worksite specific plan and must be posted at the front door. (Public Works)
 Any tent, canopy, fabric, or membrane structure material must be fire resistant and have a label sewn into the fabric indicating it is approved by California State Fire Marshal (CSFM) or CPAI84. (Fire)
 Any tent over 400 square feet requires a tent permit from the Fire Department. (Fire)  If over 400 square feet, provide Your Fire Permit No: ____________________ (Fire)  All floor coverings inside any tent, canopy, or membrane structure must be fire resistant. (Fire)
 Propane heaters, natural gas heaters, fire pits, and open flame devices are prohibited to be used under any tent, canopy, umbrella, or membrane structure or within five (5) feet of any combustible material. (Fire)
 The use of any permitted parklet after dark requires means of egress illumination. (Fire)  The use of any electrical extension cords, multi-plug adaptors and outlets, and gas powered generators are prohibited. (Fire)

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32  Each parklet must have at least one (1) fire extinguisher with a minimum rating 2A10BC for every fifty (50) feet of travel distance mounted no more than 42” off the finished floor. (Fire).
 "No smoking” signs must be posted in a conspicuous location inside each tent, canopy, or membrane structure. (Fire)
 Electrical lighting used to provide means of egress must be installed by a C-10 licensed electrical contractor. (Building)
 The use of electric heaters may be allowed if each heater is directly plugged into a GFCI socket and installed with an electrical permit by a C-10 licensed electrical contractor. (Building)

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Redwood City Staff Report May 23, 2022

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45 APPENDIX E
City of San Mateo Parklet Encroachment Permit Application - February 4, 2022

CITY OF SAN MATEO PARKLET

ENCROACHMENT PERMIT

APPLICATION
February 4, 2022

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PARKLET ENCROACHMENT APPLICATION DETAIL
Step 1: Read City of San Mateo Parklet Program Guidelines Step 2: Propose and submit Parklet Encroachment Permit Application with the following documents via email to [email protected] in one pdf file.

Parklet Encroachment Permit Application Cover (See Page 5-6) Proposed Parklet Details (See Page 7)
Insurance Documents – please follow City of San Mateo Standards for Insurance (See Pages 11-13)
Proposed Parklet Plan Set with the following required information

The City recommends that plans are prepared by licensed architect or engineer.

a. Site plan shall be drawn to scale on 11 x17 tabloid paper, include all pertinent dimensions and the following information:

1. Location of the business frontage

2. Dimensions of the parklet platform

3. ADA accessibility measurements

4. Set-backs from adjacent parking spaces and the adjacent traffic lane

5. Show dimension of existing parking stalls and travel lanes in immediate area and in the proposed parklet

6. Locations of traffic protection improvements such as wheel stops and posts or bollards

7. Location of public utilities including any manhole covers, gutter drains, fire hydrants, and etc.

8. Any adjacent installations on the sidewalk including parking meters, utility boxes, street signs, etc.

b. Elevation drawing showing the following information:

1. Height and design of platform railings/guards or edge buffers

2. Storm water drainage

3. Cross-section drawing of parklet

c. Photos: The application should include at least 3 photos showing existing built parklet, if applicable, the proposed parking space(s) converted into a parklet, adjacent sidewalk and store frontage

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d. Materials palette showing the following information:

1. Proposed materials for platform

2. Proposed materials for railings or edge buffers

3. Proposed furnishings

STEP 3: Staff will determine if the application is complete. If the application is not complete, the application will be deemed incomplete and returned to the applicant. The application will need to resubmit the full application with the missing documents or elements.

STEP 4: Once the application is deemed complete, the Applicant will be responsible for payment of one-time permit application fee to the City of San Mateo once the application is deemed complete, the annual permit encroachment fee which is based on the number of parking spaces included in the parklet, as well as an inspection fee from San Mateo Consolidated Fire as defined in the SMCF Fee Schedule. The City permit application and annual permit encroachment fees are updated in the City’s Comprehensive Fee Schedule.

STEP 5: Review of Application. The City of San Mateo will review the full application and provide feedback on any design modifications required.

STEP 6: Permit Issuance: After the Parklet Encroachment Permit has been issued, the applicant may begin construction. The permit shall expire if work on the encroachment described within does not commence within 12 months from the date of approval. The final issued encroachment permit will include the permit number, issue date, project address, final approved parklet plans, scope of work, applicant contact information, and permit expiration date.

STEP 7: Inspections. Before the parklet can be occupied by the public for business use, the City will need to complete its inspections of the parklet. Applicant will need to contact the City to schedule final inspections from Public Works, San Mateo Consolidated Fire, and Building Department.

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CITY OF SAN MATEO

PARKLET ENCROACHMENT APPLICATION COVER
330 W. 20TH AVE SAN MATEO, CA 94403
(Page 1/2)

APPLICANT INFORMATION

Business Name: _____________________________________________

Business Address: ___________________________________________

Valid City of San Mateo Business License Number: _________________

Business Owner Name: _____________________

Contact Number ____________________

Alternate Contact Number___________________

Email _____________________________

Mailing address if different than Business Address:

____________________________________________________________

I hereby certify that I am the business owner at the property described and I approve of the action requested herein.

As the applicant, I agree to abide by the Parklet Guidelines, insurance requirements, and Public Works Parklet Encroachment Permit Conditions.

Print ______________________Signature _________________________ Date_______________

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CITY OF SAN MATEO

PARKLET ENCROACHMENT APPLICATION COVER
330 W. 20TH AVE SAN MATEO, CA 94403
(page 2/2)

PROPERTY OWNER INFORMATION

Property Owner Name/Contact:__________________________________________

Property Owner Address:________________________________________________

Property Owner Phone:__________________________________

Property Owner Email:____________________________________

Business Name of Parklet:_______________________________________________________

Business Address of Parklet: _____________________________________________________

I am the property owner for the Permittee’s business and I approve of the submittal of this application. I have read the Parklet Encroachment Permit Guidelines and Conditions of Approval.

I understand that, if the Permittee fails to remove the parklet at the City’s request, it will be my responsibility to remove the parklet.

Print ____________________________ Signature ______________________ Date__________

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CITY OF SAN MATEO

PROPOSED PARKLET DETAILS
330 W. 20TH AVE SAN MATEO, CA 94403

1. Number of parking spaces requested: _____________

(circle one) Perpendicular/Angled or Parallel

2. Do these parking spaces expand beyond your business’ frontage? Yes /No

3. Color of Curb – White, Red, Blue, Green, None ______________________

4. Is the proposed parklet adjacent to a bike lane? Yes / No

5. What is the proposed use of the parklet?

__________________________________________________________________

6. Provide the hours of operation for the business: _________________________

7. Parklet Designer/Architect/Engineer/Construction Firm, if known

Name: _____________________________________

Title: _____________________________________

Firm: _____________________________________

Phone Contact: ____________________________

Email Contact: _____________________________

Please attach required parklet plan drawings and submittals to application cover and proposed parklet details.

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CITY OF SAN MATEO

PARKLET ENCROACHMENT PERMIT CONDITIONS

1. Annual Renewal Required: Each parklet encroachment permit has a twelve-month term.

An annual renewal fee is required and must be paid no later than one (1) year after the final approved permit date. Failure to pay the annual renewal fee will deem the permit expired which will result in the loss of rights to use the parklet in the public right-of-way.

2. Non-Transferrable: The permit is not transferrable in the case of a change in the ownership of the business. If the business ceases to operate for a period of over 30 days, the permit expires.

3. Failure to fully comply with the Parklet Program Guidelines, the City of San Mateo Municipal Code, City of San Mateo insurance requirements, approved construction drawings, the Americans with Disabilities Act, and Public Works Parklet Encroachment Permit Conditions will result in revocation of the permit and removal of the parklet at the business owner’s or property owner’s expense.

4. Responsible Party: No party other than the Permittee or its agent is authorized to work under this permit.

5. Acceptance of Provisions: Permittee understands and agrees that commencement of work authorized by the issuance of this permit shall constitute acceptance of the provisions of this permit and all attachments.

6. Allowed Hours of Work: Before starting work under the Encroachment Permit, the Permittee shall notify the City seventy-two (72) hours prior to initial start of work via email at [email protected], with the title of the email as follows, “(INSERT PERMIT NUMBER) Notice to Start”. When work has been interrupted for more than five (5) working days, an additional 24-hour notification is required via email to [email protected] before restarting work unless a pre-arranged agreement has been made with the City. Construction activities are restricted to weekdays between 7:30 a.m. and 4:30 p.m. in the public right-of-way but may vary depending on scope and location. No set up or take down activities are allowed outside of these hours. Requests for work hours outside of the approved hours require submittal of a Work Hours Waiver Form. Materials delivery to and from the site are prohibited between the hours of 7:30 a.m. and 8:30 a.m., and 4:00 p.m. and 5:30 p.m.

Haul routes are only allowed on the City Approved Truck Route Map (dated 2008).

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7. Limits of Construction: It is understood that the limits of constructing the approved parklet are within the parking space outlined in the application. The Permittee shall be confined to the parking space at all times during the construction of the parklet. If for any reason, the Permittee will need to encroach into the vehicle travel lane and/or sidewalk require any disturbance to the flow of traffic, a traffic control plan will need to be submitted and approved by Public Works before work can continue. Email [email protected] for traffic control plan requirements.

8. Standards of Construction: All work shall be done in accordance with the most current Building Code Standards unless otherwise approved on the plans or in the permit.

9. Inspection and Approval by the City: All work shall be subject to monitoring, inspection, and approval by the City. All work must be inspected by the City prior to public use. The permittee shall request a final inspection and acceptance of the work. Acceptance of work cannot be issued until Public Works Department, Building Division and San Mateo Consolidated Fire have all approve their respective inspections.

10. Stormwater Pollution Prevention Program: Per City of San Mateo Municipal Code Chapter 7.39, Permittee shall implement and maintain measures to keep sediment, washwaters, equipment maintenance products, and other construction related materials debris from entering the storm drainage system. Dumping or discharge into the City’s storm drainage system is prohibited. Measures to protect the storm drainage system shall be in place prior to start of work.

11. Making Repairs: In every case, the Permittee shall be responsible for restoring to its former condition as nearly as may be possible any portion of the City right- of-way, which has been damaged or otherwise disturbed by Permittee. The Permittee shall maintain the surface over facilities placed under any permit. If the right-of-way is not restored as herein provided for, and if the City elects to make repairs, permittee agrees by acceptance of permit to bear the cost thereof.

12. Clean Up Right-of-Way: Upon completion of the work, all brush, timber, scraps, material, etc., shall be entirely removed and the right-of-way shall be left in as presentable a condition as existed before work started.

13. Cost of Work: Unless otherwise stated on the permit or other separate written agreement, all costs incurred for work within the City right-of-way pursuant to this Encroachment Permit shall be borne by the Permittee, and Permittee hereby waives all claims for indemnification or contribution from the City for such work.

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14. Maintenance of Right-of-Way: The Permittee agrees, by acceptance of a permit, to properly maintain any encroachment into the public right-of-way. This will require inspection and repair of any damage to City facilities resulting from the encroachment.

15. Future Moving of Installation: If the Encroachment Permit was issued at the request of the Permittee, it is understood that whenever Public Utilities or City construction, reconstruction or maintenance work in the public right-of-way requires the installation of the parklet to be moved, adjusted or relocated, the Permittee , at his/her sole expense, upon request of the of the Public Utilities or Public Works, shall comply with said request.

16. Utilization of Public Parking: By acceptance of permit, the Permittee agrees to pay for any additional utilization of any metered parking spaces for the use of debris boxes, shipping containers, storage of materials, prolonged parking of construction-related vehicles, or any usage of a metered parking space related to the encroachment permit, for as long as the parking spaces are not available for public use outside of the approved parklet footprint. The fees shall be based on the current fee schedule. For non-metered public parking spaces utilized during construction, the Permittee shall place temporary “No Parking” signs. These signs are available for purchase through the City’s Public Works Department.

17. Indemnity: Permittee agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of Permittee’s activity and use of the public right-of-way, except for those claims arising out of CITY’s sole negligence or willful misconduct. Permittee agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.

18. Insurance: Prior to permit issuance, Permittee agrees to provide the required insurance described in these Guidelines.

19. Parklet Removal: Parklet permit will be revoked if/when the business affiliated with the permit is sold or closed for longer than 30 days. If the parklet is not removed by 30 days after the close of operations the City has the right to remove the parklet and dispose of the materials and charge the permittee and/or property owner for the expense.

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operations performed by or on behalf of the permittee including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Permittee’s insurance (at least as broad as ISO Form CG 20 10).

Primary Coverage
For any claims related to this permit, the Permittee’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by City, its elected or appointed officials, employees, or agents shall be excess of the Permittee’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Waiver of Subrogation
Permittee hereby grants to City a waiver of any right to subrogation which any insurer of said permittee may acquire against City by virtue of the payment of any loss under such insurance. Permittee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the permittee shall obtain coverage to reduce or eliminate such self- insured retentions as respects the City, its elected and appointed officials, employees, and agents; or the permittee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may by satisfied by either the named insured or City.

Verification of Coverage
Permittee shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before

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permitted activities begin. However, failure to obtain the required documents prior to the work beginning shall not waive the permittee’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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Burlingame Outdoor Dining Brochure

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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 10, 2022
ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Execute an Agreement for Professional Services for Arborist Consultant Services for a Period of Three Years, with the Option of Two, One- Year Extensions, in an Amount not to Exceed $200,000 Annually with HortScience | Bartlett Consulting (HBC).

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute an Agreement for Professional Services for arborist consultant services for a period of three years, with the option of two, one-year extension, in an amount not to exceed $200,000 annually with HortScience | Bartlett Consulting (HBC).

FISCAL IMPLICATIONS:

There is no fiscal impact or additional appropriation needed at this time. The proposed agreement for professional services would not commit the City of San Carlos to any new fiscal obligations.

The purpose of this action is to execute an agreement with a new on-call arborist. The agreement does not include a retainer or guarantee of work. When professional services are needed, staff will request the firm to render services for the tasks.

Funding for professional services has been included in the adopted budget.

BACKGROUND:

The Planning Division has traditionally contracted with arborist firms to perform analyses of protected trees, review development applications in conjunction with tree removal permits, prepare arborist reports, and attend public meetings, when required, to ensure compliance with the City’s Protected Tree Ordinance. Earlier this year, the City Council adopted a new comprehensive Protected Tree Ordinance (“Ordinance”) which became effective June 9, 2022.

The corresponding staff report and related attachments begin on page 70 of the May 9, 2022 City Council regular meeting agenda packet:
http://sancarlosca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=3332&Inline=True.

Most importantly, the new Ordinance assigned significant responsibilities to the City-retained arborist to make major decisions that will help implement the Ordinance. These included preparing and reviewing applicant submitted arborist reports, reviewing tree protection plans, reviewing protected tree removal/pruning permits applications, formulating conditions of approvals for tree removal permits, conducting site visits, reviewing the feasibility of design alternatives, monitoring replacement trees and noticing, etc. The Ordinance also allows the

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arborist to make decisions related to tree removal permits, as well as review and provide comments on tree protection plans and development applications regarding impacts to trees.

On March 28, 2022, the City Council approved additional funding for a professional arborist services budget which provided for a professional arborist to lead the processing of applications and implement the provisions of the newly adopted Ordinance. A significant portion of the arborist’s fees will be offset by permit fees, development fees, and plan review fees. See staff report and related attachments beginning on page 99 of the March 28, 2022 City Council regular meeting agenda packet:
http://sancarlosca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=3318&Inline=True The City currently contracts with two arborist firms, BioMaAS and WCA, for on-call arborist services to assist the Community Development Department in the review of development applications in conjunction with protected tree removal permits. The currently contracted arborist firms are on on-call basis only and their existing contracts do not include a comprehensive list of tasks as identified for the City arborist as specified in the new Ordinance. Staff therefore recommends the City retain a new arborist firm to serve as the City-retained arborist who would be the point person for most tree related inquiries, permit applications, and activities for the Community Development Department. Staff recommends maintaining the existing contract with WCA, to provide back-up arborist services as needed.

ANALYSIS:

On July 29, 2022, the Community Development Department issued a request for proposals (RFP) soliciting consulting firms to serve as a City-retained arborist. The RFP was sent directly to firms, posted on the City’s website, and posted on Planetizen (a professionally recognized independent resource for planning), APA, and Congress for New Urbanism (CNU).

Seven firms responded with proposals and all firms were interviewed by City staff. After careful consideration, City staff shortlisted two firms for follow-up interviews. Based on interviews and reference checks, staff recommends HortScience | Bartlett Consulting (HBC) to serve as a City- retained Arborist. HBC is a qualified and well renowned firm providing services for tree management planning, tree risk assessment and management, tree preservation during development, problem diagnosis and analysis, and training, with extensive experience working with cities of Berkeley and Menlo Park.

Staff’s recommendation is based on HBC’s competitive costs, demonstrated expertise, similar project experience, understanding of city processes, integrated team of experts, ability to address emergency tree removal situations, and approach to the scope of work. The project team at HBC have demonstrated experience reviewing development applications in conjunction with protected tree removals, preparing city ordinances, developing tree protection plans, and preparing public education documents for various cities across the Bay Area.

The proposal and scope of work is included as Attachment 2. A summary of the proposed contract term is outlined below:

Firm Contract Amount Contract Expiration Date
HortScience | Bartlett
Consulting (HBC)
$200,000 per year 3 years from date of execution,
plus the option of two, one-year
extensions

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If approved, using an arborist will likely reduce cost and time to applicants. The City-retained arborist will also handle tasks currently processed by Community Development Department staff, thus freeing staff time for other duties.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a resolution authorizing the City Manager to execute an agreement for professional services for arborist consultant services for a period of three years, with the option of two, one-year extensions, in an amount not to exceed $200,000 annually with HortScience | Bartlett Consulting (HBC); or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. HBC Proposal and Scope of Work

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RESOLUTION NO. 2022 - _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

AUTHORIZING THE CITY MANAGER EXECUTE AN AGREEMENT FOR PROFESSIONAL

SERVICES FOR ARBORIST CONSULTANT SERVICES FOR A PERIOD OF THREE YEARS,

WITH THE OPTION OF TWO, ONE-YEAR EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $200,000 ANNUALLY WITH HORTSCIENCE | BARTLETT CONSULTING (HBC). ___________________________________________________________________________ WHEREAS, the City of San Carlos has traditionally used the expertise of arborist consulting firms to perform analyses of protected trees, review development applications in conjunction with tree removal permits, prepare arborist reports, and attend public meetings, when required, to ensure compliance with the City’s Protected Tree Ordinance; and WHEREAS, On May 9, 2022, the City Council adopted a new comprehensive Protected Tree Ordinance (“Ordinance”) which became effective June 9, 2022; and WHEREAS, the new Ordinance assigns significant responsibilities to the City-retained arborist to make major decisions that will help implement the Ordinance; and WHEREAS, the contracts of the City’s current on-call arborist firms do not include a comprehensive list of tasks as identified for the City-retained arborist within the new Ordinance; and
WEHREAS, there is a need to hire a new arborist firm to serve as a City-retained arborist and point person to implement the newly adopted Protected Tree Ordinance; and WHEREAS, on July 29, 2022, the Community Development Department issued a request for proposals soliciting consulting firms to serve as City-retained arborists; and WHEREAS, following review of proposals and interview of firms, City staff and recommends HortScience | Bartlett Consulting (HBC) to serve as the City-retained arborist; and WHEREAS, HBC is a qualified and well renowned firm providing services for tree management planning, tree risk assessment and management, tree preservation during development, problem diagnosis and analysis, and training, with extensive experience working in neighboring jurisdictions.

WHEREAS, based on anticipated Arborist services needed in the coming years, staff recommends the contract amount be authorized in an amount not to exceed $200,000 each per year.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Carlos authorizes the City Manager to execute an agreement for professional services for City arborist services for a three-year term, with the option for two additional, one-year extensions in an amount not to exceed $200,000 per year.
.
* * * * * * *

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I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 10th day of October 2022, by the following vote:

AYES, COUNCILMEMBERS: _____________________________________________ NOES, COUNCILMEMBERS: ______________________________________________ ABSENT, COUNCILMEMBERS: ______________________________________________ CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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HortScience│Bartlett Consulting ● 325 Ray St. Pleasanton, CA ● 925.484.0211 ● www.hortscience.com A Division of the F.A. Bartlett Tree Expert Company

Response to Request for Proposal

City-retained Arborist

Prepared for:

City of San Carlos
Attn: Andrea Mardesich, Principal Planner
Planning Division
600 Elm Street
San Carlos, CA 94070

Prepared by:

HortScience | Bartlett Consulting
325 Ray Street
Pleasanton CA 94566

July 2022

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HortScience│Bartlett Consulting ● 325 Ray St. Pleasanton, CA ● 925.484.0211 ● www.hortscience.com A Division of the F.A. Bartlett Tree Expert Company
Response to Request For Proposal
City-retained Arborist
City of San Carlos

Table of Contents

Page

Overview 1

Consultant Information, Qualifications, and Experience 1

Cost Proposal 5

City Consultant Contract 6

Selected References 6

Conditions of Proposal 7

General Terms for Commercial Consulting Services 8

Attachments

Curriculum Vitae
Ryan Suttle
Allegra Mautner
Jane Whitcomb
Darya Barar

List of Clients in the last 12 Months

List of Projects Within San Carlos Within the Last 12 Months

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Proposal, City of San Carlos
July 2022 Page 1

HortScience│Bartlett Consulting ● 325 Ray St. Pleasanton, CA ● 925.484.0211 ● www.hortscience.com A Division of the F.A. Bartlett Tree Expert Company
Overview
HortScience | Bartlett Consulting is recognized as a leader in the fields of arboriculture, horticulture, and urban forestry.

Over the past 35+ years, HortScience | Bartlett Consulting has provided arborist services to many public agencies including the cities of Menlo Park, Palo Alto, Mountain View, Fremont, Santa Clara, San Francisco, Alameda, Pleasanton, Redwood City, Berkeley, and Piedmont. Our firm’s work spans a wide breadth, including tree management planning, tree risk assessment and management, tree preservation during development, problem diagnosis and analysis, and training. We have the capability to coordinate multi-disciplinary resource analysis, to create comprehensive tree management plans, and to design and implement research projects. We strive to meet the needs of a specific project by providing technical expertise of the highest quality applied in a practical, effective manner.

We believe that our experience and expertise uniquely equip us to best meet the City’s needs outlined by the subject RFP.

Consultant Information, Qualifications, and Experience
HortScience | Bartlett Consulting’s staff possesses knowledge, expertise and experience the wide range of arboricultural consulting services including tree risk assessment. We believe we demonstrate these skills every day, and that H | BC is uniquely equipped to best perform this service for the City. The following is an introduction of the staff that will participate in the proposed work.

Ryan Suttle
Consulting Arborist &
Urban Forester

Ryan has a background in research, data analysis and
management, utility vegetation management, tree risk
assessment and management, and tree inventories. He
has a B.A. from Santa Clara University and an M.S. from the University of Massachusetts, Amherst. Ryan is an
ISA Board Certified Master Arborist and has the Utility Specialist credential. He is also Tree Risk Assessment qualified. Since joining H | BC, Ryan has focused on tree preservation projects from initial tree assessment through construction monitoring. He serves as our point person for GIS work.

Allegra Mautner
Consulting Arborist &
Urban Forester

Allegra has over a decade of experience in forest
management in the Bay Area. Her expertise is in
education and training, project coordination, tree risk assessment, crew management, vegetation inventory,
systems and document creation, efficiency improvement,
and technical communication. Allegra instructed an
Urban & Community Forestry course at Merritt College
and recently trained crew at a historic olive orchard staff on proper pruning practices to reduce wildfire risk. She also routinely trained and led groups of volunteers in
pruning workshops for young trees in San Francisco.

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Jane Whitcomb
Arborist
Jane specializes in preparation of tree resource surveys and inventories. She also prepares our graphic materials.

Jane is an ISA Certified Arborist and Tree Risk
Assessment Qualified. Jane would provide field and
mapping support to the actual tree assessments. She
has worked for HortScience | Bartlett Consulting for over 30 years and has likely evaluated more trees than
anyone in the company. Jane currently focuses on
construction monitoring for several SummerHill Homes
and Irvine Company projects. She recently completed a
2,000+ tree risk assessment for San Francisco
Recreation and Park Department.

Darya Barar
Managing Consulting
Arborist & Urban
Forester
Darya specializes in urban forestry management with 14
years of experience in the municipal setting. She has
experience with tree ordinance development and
revision, on-call consulting services for municipalities developing urban forestry management plans, and
managing the day-to-day operations of a city’s urban
forest. Darya has extensive experience working iwith
community groups, state and local agencies to implement tree grands, plans, and projects. Darya is skilled at
successfully managing, planning, and implementing
forestry programs from day-to-day management to long
term planning and prioritization. In addition, she provides on-call consulting to the City of Berkeley, City of
Piedmont, and the Palo Alto Unified School District.

HortScience | Bartlett Consulting offers the following specialized experience and expertise:

▪ Of our technical staff of ten, all are ISA Certified Arborists. Ryan Suttle is a Board-Certified Master Arborist. Darya Barar is a Registered Consulting Arborist.

Nelda Matheny is a Board-Certified Master Arborist and a Registered Consulting Arborist.

• Nelda Matheny and Jim Clark are authors of A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas (published by the International Society of Arboriculture in 1994) as well as a number of articles on this topic.

▪ Nelda Matheny and Jim Clark are authors of Trees and Development: A Technical Guide to the Preservation of Trees During Land Development (1998.

International Society of Arboriculture) and the Municipal Specialist Certification Study Guide (2008. International Society of Arboriculture). Nelda and Jim are currently working on a revision to Trees and Development.

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▪ Nelda Matheny and Jim Clark have been invited speakers on the topic of tree risk assessment and tree preservation during development at a number of professional meetings including those organized by the University of California, USDA Forest Service and the National Park Service. They have provided training workshops in the United States, Europe, Canada, Hong Kong, Australia, and Singapore.

▪ Nelda Matheny and Jim Clark are authors (with Dr. Richard Harris) of the standard text and reference book in the field, Arboriculture – The Integrated Management of Landscape Trees, Shrubs and Vines (2004).

▪ Nelda Matheny and Jim Clark are revising the City of Palo Alto’s Tree and Landscape Technical Manual.

▪ Nelda Matheny is one of the authors of the upcoming revisions to the International Society of Arboriculture Best Management Practices: Tree Preservation During Construction.

▪ Nelda Matheny is one of the authors of the upcoming revisions to the International Society of Arboriculture Best Management Practices: Tree Risk Assessment.

▪ Jim Clark serves as an editor for Arboriculture & Urban Forestry and Urban Forestry & Urban Greening: two of the industry’s leading peer reviewed journals.

▪ HortScience | Bartlett Consulting has received a number of honors and awards including the California Urban Forests Council’s Durrell Maughn Founders Award (2010). In 2016, Nelda Matheny and Jim Clark were recipients of the Arbor Day Foundation’s Award for Excellence in Urban Forest Leadership.

▪ HortScience | Bartlett Consulting has extensive experience throughout the Bay Area reaching back decades. We have specifically worked with several municipalities in assisting with management of their urban forests.

▪ HortScience | Bartlett Consulting incorporates species invasiveness into its assessment of suitability for preservation, a component of all Arborist Reports.

▪ Darya Barar was one of the primary authors of the City of East Palo Alto’s Urban Forest Master Plan.

▪ Darya Barar developed a street tree palette for the North Bayshore area of Mountain View, prioritizing site suitability based on several factors including drought tolerance and longevity and performance in paved areas.

▪ Darya Barar worked with the City of Menlo Park staff and the Heritage Tree Task Force on benchmarking and developing a policy analysis report for revisions to the City’s Heritage Tree Ordinance.

▪ Allegra Mautner trained hundreds of volunteers in structural pruning of young trees in her time at Friends of the Urban Forest, coordinating management of 4,000 trees annually for scheduled and emergency tree care programs.

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▪ Allegra Mautner served as the instructor for Merritt College’s Urban & Community Forestry course focusing specifically on the theory and practice of municipal and community forestry.

▪ Ryan Suttle was part of an inter-disciplinary research team at UMass Amherst investigating the potential for leveraging artificial intelligence technology in tree risk assessment. He was invited to share the results of this novel pilot study at the 2021 International Society of Arboriculture annual conference.

▪ Ryan Suttle has been invited speaker on utility forestry, and presented results of his master’s research thesis, Assessing the Structure and Function of Utility Forests in Massachusetts, at several industry conferences in Massachusetts as well as the Trees and Utilities Conference, hosted by the Utility Arborist Association in Minneapolis.

▪ Ryan Suttle authored an independent review regarding the state of trees near electrical distribution lines across Massachusetts. The review made recommendations for future maintenance procedures for a major northeast utility with special concern for invasive tree and pest species management and climate change.

Curriculum Vitae for each of the relevant staff are included in the Attachments.

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HortScience | Bartlett Consulting has completed or is actively involved with the following selected projects, among many others, within the last five years that are relevant to the scope of services of the subject RFP:

• City of Berkeley: On-call consulting relating to street tree removal request, reviewing development plans for compliance with tree conditions, and reviewing sidewalk renovations where public trees may be impacted.

• City of Piedmont: On-call consulting relating to street tree removal requests, reviewing development plans for compliance with tree conditions, and reviewing sidewalk renovations where public trees may be impacted.

• City of Fremont: Tree assessment, impact evaluation, and construction monitoring for the City’s sidewalk repair program. At the request of either the City or contractor, H | BC arborists would consult on tree protection measures, root pruning / shaving opportunities, in-field inspection, recommending specific roots to be treated for sidewalk, curb, and gutter repair. We also monitored tree preservation for projects from demolition through the end of construction.

• City of Menlo Park: Contract arborist services relating to reviewing plans for compliance with tree conditions. We also monitored tree preservation for projects from demolition through the end of construction.

A list of all clients doing business with HortScience | Bartlett Consulting in the last 12 months and identification of projects within the City of San Carlos within the same timeframe are specified in the Attachments.

Cost Proposal
We can provide a detailed cost proposal for the entire project if the City provides detailed expectations for time requirements. We are also happy to provide proposals on a project-by-project basis, based on the fees below:

Managing Consultants $240.00
Consultants $200.00
Arborist $180.00
CAD/GIS Specialist $180.00
Inspector $140.00
Administrative Assistant $80.00

Hourly fees are portal-to-portal. Direct expenses such as reproduction and shipping shall be reimbursed at cost plus 15%. Mileage shall be reimbursed at the latest published IRS rate, currently $0.585 per pile (from Pleasanton).

Invoices shall be submitted to the client upon completion of a scope item. Payment is due within 30 days of date of invoice.

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City Consultant Contract
HortScience | Bartlett Consulting, Divisions of the F.A. Bartlett Tree Expert Company, has reviewed and agrees to the City’s Standard Professional Services Agreement, and is able to meet the agreement and insurance requirements (see Attachments).

Selected References

Client: City of Pleasanton
Address: PO Box 520 Pleasanton CA 94566
Contact Person: Sarah Hosterman
Telephone Number: 925-931-5514
E-mail: [email protected]
Time period: 1991 to present

For over 25 years, HortScience | Bartlett Consulting has provided on-call arborist consulting services to the City of Pleasanton’s Public Works, and Park and Recreation Departments, providing specialized expertise not found in City staff and an independent perspective and opinion. We have provided tree preservation and appraisal of damage reports for City capital improvement projects as well as assessment of individual trees.

Client City of Piedmont
Address: 120 Vista Ave, Piedmont, CA 94611
Contact Person: Nancy Kent
Telephone Number: 510-420-3064
E-mail: [email protected]
Time period: 2010 to present

HortScience | Bartlett Consulting provides on-call consulting relating to street tree removal requests, reviewing development plans for compliance with tree conditions, and reviewing sidewalk renovations where public trees may be impacted.

Client: City of Menlo Park
Address: 701 Laurel Street, Menlo Park, CA 94025
Contact Person: Brian Henry
Telephone Number: 650-330-6799
E-mail: [email protected]
Time period: 2016 to present

HortScience | Bartlett Consulting has worked as an arborist consultant for the City of Menlo Park. We provide many of the same services described in the subject RFP including review of arborist reports and development proposals, review of project plans for potential impacts to Heritage trees, assistance on updates to tree related ordinances, consulting services related to tree risk assessment and tree appraisal.

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Conditions of Proposal
The terms of this proposal shall remain in effect for a period of 45 days.

The client must inform HortScience | Bartlett Consulting of any additional requirements, including all insurance requirements, such as requests for Certificates of Insurance, or specific terms and conditions, which may affect the pricing of this proposal and the work. In the event that additional requirements do affect the costs associated with performance, HortScience | Bartlett Consulting reserves the right to reissue a new proposal with revised pricing for acceptance.

Additional General Terms
After reviewing the additional general terms provided with this proposal, which become part of this agreement, please sign and return a copy. In the event that the client should issue additional work authorization terms, if agreed upon, such terms will be incorporated into this agreement. In the event that such terms conflict with this agreement, then the terms of this agreement shall govern over any conflicting language.

Approval
The undersigned agree to the terms and conditions of this proposal and additional general terms.

City of San Carlos HortScience | Bartlett Consulting

____________________________ ____________________7/27/2022 Date Ryan Suttle Date

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The F.A. Bartlett Tree Expert Company

General Terms for Commercial Consulting Services

The F.A. Bartlett Tree Expert Company (“Bartlett Tree Experts”) provides tree-care and related consulting services to commercial and government clients. The agreed upon “Work” has been expressed in a sepa rate Client Agreement between Bartlett Tree Experts and the Client, and is identified within the portion of the Client Agreement communicating the Scope of the Work, the Goals, the Specifications, the Schedule of the Work, and the Payment Terms. These gen eral terms combine with the approved Client Agreement and form the complete agreement between the parties.

Article 1

TREE RISK

1.1 Tree Risk
(a) The Client acknowledges that having trees on one’s property involves risk, including the risk that a tree or tree limb might fall. As part of the Work, Bartlett Tree Experts may recognize the risk posed by failure of trees within the Scope of Work and recommend to the Client ways to reduce that risk, but the Client acknowledges that Bartlett Tree Experts cannot detect all defects and other conditions that present the risk of tree failure and cannot predict how all trees will respond to future events and circumstances. Trees can fail unpredictably, even if no defects or other conditions are apparent. Bartlett Tree Experts will not be responsible for damages caused by subsequent failure of a tree, or tree part, within or around the Scope of Work due to defects or other preexisting structural or health conditions.
(b) Unless the Work includes having Bartlett Tree Experts perform a tree risk assessment for designated trees, the Client acknowledges that in performing the Work Bartlett Tree Experts is not required to inspe ct and report to the Client on risks to, and risks posed by, trees on or near the Client’s property. (c) The Client also acknowledges that because trees are living organisms that change over time, the best protection against the risk associated with having trees on the Client’s property is for the Client to arrange to have them inspected by a qualified arborist annually and after each major weather event to identify any defects or other conditions that present the risk of tree failure. Then, once inspected, th e Client should review any possible defects or conditions that present the risk of failure and request recommendations for, and implement, remedial actions to mitigate the risks.

Article 2

THE WORK

2.1 Ownership
The Client states that all trees and other vegetation within the Scope of Work are owned by the Client or that the Owner has authorized the Client to include them within the Scope of Work.

2.2 Specified Trees or Work
The specific trees, shrubs, plant materials or work described in the Scope of Work or in the Agreement will be the only trees, shrubs, plant materials, or work included in the scope of the consultative services or Work performed by Bartlett for the Client.

2.3 Insurance
(a) Bartlett Tree Experts states that it is insured for liability resulting from injury to persons or damage to property while performing the Work and that its employees are covered under workers’ compensation laws. (b) The scope of ongoing operations of the Work shall be defined as beginning when the performance on the site begins and ending when the performance on the site concludes.

2.4 Compliance
Bartlett Tree Experts shall perform the Work competently and in compliance with the law and industry stan dards, including the American National Standards Institute’s A-300 Standards for tree care.

2.5 Access Over Roads, Driveways, and Walkways
The Client shall arrange for Bartlett Tree Experts’ representatives, vehicles, and equipment to have access during working hours to areas where the Work is to be performed. The Client shall keep roads, driveways, and walkways in those areas clear during working hours for the passage and parking of vehicles and equipment. Unless the Client Agreement states otherwise, Bartlett Tree Experts is not required to keep gates closed for animals or children.

2.6 Personnel
Bartlett Tree Experts will determine and provide the correct Bartlett personnel for completing the Work based scope of the project, the expertise needed, and the geographic location of the work, in order to meet the goals of the Client.

2.7 Accuracy of Information Provided By the Client or By Third Parties Acting on Behalf of the Client (a) The Client acknowledges that Bartlett Tree Experts cannot be held responsible for the accuracy of or content of information provided by the Client or third parties acting on behalf of the Client, including but not limited to; the legal description of the property, issues of title and/or ownership of the property, software programs, property and property line locations and/or boundaries, or other pieces of information provided which ar e integral to the final outcome of the consulting Work.

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(b) The Client agrees to correct any errors in any such inaccurate information that it or any third party acting on its behalf, provides Bartlett Tree Experts, once the inaccuracy is known, if such inform ation will be necessary for Bartlett Tree Experts to base its final analysis, management plans, written reports, information or recommendations on for the finalization of the Work.

2.8 Information Provided By Reliable Sources
In certain circumstances, Bartlett Tree Experts may need to engage outside reliable sources to provide specialized information, cost estimates, or opinions. Bartlett Tree Experts will make every effort to engage reputable and reliable sources, and will communicate the use of these sourc es to the Client if such sources are used to help determine an integral part of the Work.

2.9 Tree Locations, Maps, Sketches, and Diagrams
The Client acknowledges that Bartlett Tree Experts may use several means and methods to provide tree locations on maps, sketches, or drawings, and that the use of tree locations on maps, sketches, diagrams, and/or in pictures are intended to aid the Client in understanding the deliverables provided, and may not be to scale and should not be considered precise locations, engi neering surveys, or architectural drawings.

2.10 Global Positioning Systems
The Client acknowledges that all global positioning system (GPS) devices used to locate trees, shrubs, and plant material, have some accuracy limitations, and regardless of the methodol ogies or software programs used to enhance the accuracy of the locations, there will always be some level of meter or sub meter locational discrepancies within any deliverable product.

2.11 Advice, Opinions, Conclusions, and Recommendations (a) The Client Acknowledges that all advice, opinions, conclusions, and recommendations provided represent the professional objective opinion(s) of Bartlett Tree Experts; which are in no way predetermined, or biased toward any particular outcome. (b) The Client acknowledges that all advice, opinions, conclusions, and recommendations provided verbally or in written format such as email, management plans, or reports will be based on the present status of the tree(s), property(s), environmental conditions, and industry standards. Any advice, opinions, conclusions, and recommendations provided do not take into account any future changes in environmental conditions or changes to current industry standards which are unknown and unforeseen at the time the Work is performed.

2.12 Tree Risk Assessments and Inventories
(a) If the Client Agreement is specifically for Bartlett Tree Experts to provide a Level 1 Limited Visual, Level 2 Basic, or Level 3 Advanced assessment of tree risk for any tree or group of trees for the Client in accordance with industry standards, the Client understands that any risk ratings and recommendations for mitigating such risks will be based on the observed defects, conditions, and factors at the time of the tree risk assessment or inventory.
(b) The Client acknowledges that any recommendations made to mitigate risk factors will be made in accordance with industry best practices and standards, but that the decision to implement the recommended mitigation or remove the risk factors rests solely with the Client. (c) The Client understands that all risk ratings used are intended to assist the Client with understanding the potential for tree or tree part failure, and are not meant to be used to declare any tree or tree part to be safe or free from any defect. As such, the Client should n ot infer that any tree not identified as having an imminent or probable likelihood of failure, or not identified with a moderate, high, or extreme risk rating, or not having a condition rating of poor or dead is “safe” or will not fail in any manner. (d) The Client understands that it is the Client’s responsibility to ensure that the assessed tree or trees are continually inspected and reassessed periodically, or after any major weather event, in order to ensure that risk rating information is kept current, and to enter any changes to risk ratings or mitigation measures to the inventory or tracking system used by the Client.

2.13 Tree or Plant Value Appraisals
(a) The Client acknowledges that tree appraisal is not an exact science. If the Client Agreement is f or Bartlett Tree Experts to provide the Client with an appraisal estimate of cost or value, or estimated tree asset value, for specified trees or plant materials, the Client understands that those estimates will be based on a combination of visible conditions at the time of appraisal, information or pictures provided by the Client, local knowledge, information and/or cost estimates provided by local nurseries or plant wholesalers, information and/or costs provided by tree care or landscape installation and maintenance companies, industry best practices, and/or asset value software. (b) The Client understands that while any such appraisal will be based on one or several accepted industry methods of appraising plant material values, the appraised values p rovided may or may not be accepted as the final value by third parties, or decision makers in disputes over plant values, such as courts, arbitrators, insurers, or mediation efforts.

2.14 Local and Tree-Related Permits
Unless the Client Agreement states differently, the Client is responsible for obtaining and paying for all required local or tree related permits required. If the Work stated in the Client Agreement involves Bartlett Tree Experts submitting for, or assisting the Client in submitting for, any k ind of local or tree- related permit, the Client understands that Bartlett Tree Experts cannot guarantee the successful outcome. If Bartlett Tree Experts submits a local or tree permit application on behalf of the Client, the

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Client must provide all necessary information for Bartlett to make such a submittal, and the Client will be responsible for paying for, or reimbursing Bartlett Tree Experts for, all fees and expenses related to the application process, regardless of the outcome.

2.15 Expert Witness and Testimony
The Client acknowledges that unless the Scope of Work in Client Agreement is specifically to perform Expert Witness services and testimony for the Client, then nothing in the Client Agreement will obligate Bartlett Tree Experts to perform Expert Witness services or provide expert testimony for or on behalf of the Client.

2.16 Environmental Benefits Assessments
(a) The Client understands that Bartlett Tree Experts may use one or more software, or other programs, developed by other companies or government agencies, which are designed to help provide estimates on the environmental benefits of trees, shrubs, or other plant materials if the Work involves providing an environmental benefit assessment for the Client.
(b) The Client acknowledges that while Bartlett Tree Experts will be responsible for the correct collection and input of data into any such software or other program used to help estimate environmental benefits of trees, shrubs, and other plant materials, the determinations of the data made by any such program may vary based on the method, software, type, year, or version used at any given time. The Client understands that any such method, software, type, year, or version used is meant to provide a sound, scientific method to help the Client understand the environmental benefits of the collected data.

2.17 Tree and Property Hazards and Safety Issues
The Client understands that in no way does Bartlett Tree Experts imply, nor should the Client infer that Bartlett Tree Experts assumes the responsibility for inspecting, identifying, and correcting tree or property hazards or safety issues on or near the Client’s property, or conducting tree risk assessments, for which the Client Agreement does not specify, during the course of any of its ongoing consultat ive or other activities related to this Agreement.

2.18 Remote Sensing and Tree Canopy Assessments
(a) If the Work requires Bartlett Tree Experts to evaluate aerial imagery to classify land cover classes , classify random points, or create or manipulate shapefile boundaries, the Client understands that certain factors can prohibit the accuracy of the final Work product, such as; the availability of imagery, files, and shapefiles for the property or site from reliable sources, the accuracy and quality of imagery, file s, or shapefiles obtained from reliable sources or provided by the Client, the date of when the imagery, files, or shapefiles were taken or created, and the ability for a person to visually discern the difference between the pixels of aerial imagery.
(b) If such factors inhibit the accuracy of the Work, Bartlett Tree Experts may choose to conduct visual assessments, or use other means, to verify or classify points or imagery into the required specifications.

If such alternate methods are used, Bartlett Tree Experts will communicate the use of such methods to the Client in the final work product. If it is not possible or feasible to use alternative methods, then the Client acknowledges that the final work product may have some gaps in accuracy.

2.19 Use of Drones and Drone-Related Equipment
(a) If the Work specifies the use of Drones or Drone-related equipment to help collect information, the Client acknowledges that in some cases the use of Drones and Drone -related equipment can provide detailed information, imagery, views, and pictures of a tree(s) or property(s); however, in some cases, not all aspects of a tree(s) or property(s) can be seen or accessed by a Drone. The Client understands that this technology can be limited and should not be used by the Client as the sole decision-making criteria, but rather one of many factors used by the Client in the decision-making process. (b) The Client agrees that other methods of obtaining the required information must be included in the Client Agreement, and may be required to be utilized, in addition to or separate from the use of Drones or Drone related equipment in the event that the limitations are too severe to perform the required Work.

2.20 Decay Detection Devices
(a) The Client acknowledges that all decay detecting devices have limitations, and the use of any such device should be used to supplement information regarding the decay within a tree or trees, and not as the sole source of information.
(b) If the Work requires the use of a decay detection device, unless the Client Agreement specifies the type of device, Bartlett Tree Experts will decide the most appropriate type of decay detecting device to use based on the conditions present and the information needed to supplement and complete the Work.

2.21 Diagnostic Services
Bartlett Tree Experts may offer diagnostic services as a means of attempting to isolate certain plant pest or soil problems for the Client, and determining the most logical possibility as to the cause of the condition of the trees, shrubs, or plants in question. The Client understands that in some cases government quarantines may prohibit samples from being sent to a diagnostic clinic, and in some cases, determinations on samples may be inconclusive.

2.22 Tree Preservation, Tree Protection, and Construction and Site Monitoring (a) If the Work includes Bartlett Tree Experts conducting or providing tree preservation or tree protection evaluations, tree impact evaluations, recommendations, specifications, and/or documents required by the governing agency, the Client understands that Bartlett Tree Experts will review the project, materials or plans that are provided by the Client, combined with industry best practices and current tree conditions, to arrive at the recommendations and specifications . The Client also understands that trees are living organisms and that even following all industry best practices and specifications cannot guarantee that a tree will survive construction impacts, which may include but are not limited to soil compaction, root damage, inadequate soil moisture, and decrease in tree stability.

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(b) If the Work includes Bartlett Tree Experts conducting or providing tree monitoring during project construction, the Client understands that Bartlett Tree Experts will review the projec t, materials, or plans that are provided by the Client and/or described by the Client representative at the site, and provide recommendations to the Client to assist with tree preservation or protection, but that the Client will be responsible for ensuring the implementation of such recommendations by the Client or any third parties.

2.23 Irrigation and Recycled Water Assessments
(a) If the Work requires Bartlett Tree Experts to provide irrigation or recycled water assessments as a means of aiding the Client with their tree care needs, the assessments will be provided using the best known site conditions, the best available water quality information, or the best available water quality test results provided to Bartlett Tree Experts; however, the Client acknowled ges that Bartlett Tree Experts cannot provide information on water source, delivery systems, water chemistry, water quality testing methodology, or distribution systems.

2.24 Bird, Water Fowl, and Wildlife Habitat Assessments If the Work requires Bartlett Tree Experts to provide bird, water fowl, and wildlife habitat assessments or identifications as a means of aiding the Client with their tree care needs and wildlife considerations, the assessments will be based on known site conditions and available industry b ird, waterfowl, and wildlife management information.

2.25 Endangered or Protected Species and Habitats
(a) If the Work is for Bartlett Tree Experts to identify trees or plant materials that may be endangered or protected species, or to identify trees or plant materials that may be primary or secondary habitat for endangered or protected species, or to provide any analysis for a project that may affect any endangered species or protected species or its habitat, then Bartlett Tree Experts will base all reports and information on the existence of any known endangered or protected species and known habitats using government approved endangered or protected species or habitat information. (b) The Client acknowledges that Bartlett Tree Experts cannot be responsibl e for identifying unknown endangered species or habitats.

2.26 Wetland and Riparian Habitat Mapping
The Client understands that if the Work involves wetland or riparian habitat mapping, such maps will require the Client to provide the tree or plant species considered to be the primary or secondary habitat for the specific species of animal in question, and such maps will be limited to the species information provided as it overlays within the known designated wetland areas.

2.27 Representation Services
If the Work involves a member of Bartlett Tree Experts acting as a representative for, or decision - maker for, the Client, including but not limited to activities such as reviewing, approving or declining tree-related permits, plants, designs, or selections submitted by third parties, then the Client agrees to be the final decision-maker in the event of a third party appeal of an adverse decision or recommendation made by Bartlett Tree Experts with respect to granting or denying a tree related permit, plant, design, or selection submitted by a third party. The Client also agrees to defend Bartlett Tree Experts against any claims made by third parties regarding such decisions or recommendations, and represent the decisions and recommendations of Bartlett Tree Experts, as if such decisions or recommendations were made by the Client.

2.28 Integrated Pest Management
(a) If the Work includes consultation for integrated pest management services, the Client understands that the final product may involve recommendations for plant health care treatments that will be tailored to meet the Client’s needs for specific trees, shrubs, turf areas, or plants. In creating these recommendations, Bartlett Tree Experts will consider the Client’s objectives, priorities, budgetary concerns, plant materials, site conditions, pest and disease infestation levels and the expectations of those levels, and timing issues.
(b) The Client acknowledges that such recommendations may involve one or more inspections of specific plants to help determine insect and disease concerns, the sampling of specific plant materials or soil areas, an understanding of the cultural needs of certain plants, consideration of biological control concepts and limitations (natural and/or introduced predators), recommended improvements to physical site conditions, or the use of pesticide treatments. The integrated pest management service does not combine all possible controls and concepts for every tree, shrub, turf area, or plant, but rather it considers the most reasonable option or options for control of and mitigation of insect and disease damages to the specific trees, shrubs, turf areas or plants as designated by the Client to meet the Client’s goals.
(c) The Client understands and acknowledges that during the course of an integrated pest management program, as inspections are taking place, and treatments or other services are b eing performed to certain trees or shrubs, not every tree or shrub inspected will require a specific treatment or other service, and in fact, some trees or shrubs may not require any specific treatment or other service throughout the course of a season to maintain health and vigor if the inspections show insignificant pest thresholds, and sound environmental and cultural conditions. (d) The Client also understands that tree, shrub, plant and turf inspections conducted during the integrated pest management program are for the purpose of determining plant health issues and, insect and disease thresholds; and are not conducted for the purposes of determining tree, shrub, plant, or turf safety.

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2.29 Plant Species Selection
If the Work involves Bartlett Tree Experts providing advice and guidance on plant species selection to aid the Client with their landscape site needs, Bartlett Tree Experts will provide the advice and guidance based on the known site conditions, the available plant species locally at the time, and t he plant species characteristics. The Client will be responsible for the planting and maintenance, and ensuring the survival of such plant selections in the landscape.

2.30 Trees and Subsidence Assessments
(a) If the Work involves Bartlett Tree Experts providing an assessment of relationship between certain trees or tree parts and the subsidence or movement of a building or structure, the Client understands that certain inferences and assumptions will be made given the location, visibility, soil and drainage conditions, size, species, and condition of the tree or trees, and other factors, in order to perform the Work in the least intrusive manner possible.
(b) Bartlett Tree Experts recommends that the Client reviews any tree related report recommendations, prior to having the work completed, with their structural engineer or other qualified building contractor to help the client determine any potential adverse impact to the buildings or structures.

2.31 Investigation of Covenants, Easements, Constraints, or Restrictions The Client is responsible for investigating and identifying to Bartlett Tree Experts any covenants, easements, constraints, or other restrictions to the title or deed on the property that may adversely impact Bartlett Tree Experts’ ability to perform the Work.

2.32 Cancellation
If the Client cancels or reduces the Work after the Work has started, the Client shall pay Bartlett Tree Experts for all the items of the Work that have been completed and all reasona ble costs Bartlett Tree Experts has incurred in preparing to perform the remainder of the Work.

2.33 Payment
The Client shall pay for the Work when the Client receives Bartlett Tree Experts’ invoice for the Work, unless specific payment terms have been agreed upon by the parties. If any amount remains unpaid 30 days after the date of the invoice or any period stated in the Client Agreement, whichever is longer, as a service charge the unpaid amount will accrue interest at the rate of 1.5% per month (or 18% per y ear) or the maximum rate permitted by law, whichever is lower. The Client shall reimburse Bartlett Tree Experts for any expenses (including attorneys’ fees and court costs) it incurs in collecting amounts that the Client owes under the Client Agreement.

Article 3

TREE CONDITIONS

3.1 Cables, Braces and Tree-Support Systems
The Client acknowledges that cables, braces or tree-support systems are intended to reduce the risk associated with tree part breakage by providing supplemental support to certain areas within trees a nd in some cases by limiting the movement of leaders, limbs, or entire trees, and are intended to mitigate the potential damage associated with tree part breakage; but that such supplemental support systems cannot eliminate the risk of breakage or failure to trees or tree parts entirely, and future breakage and damage is still possible
(a) The Client acknowledges that for cables, braces or tree -support systems to function optimally, the Client must arrange for them to be inspected and maintained by a qualified arborist periodically and after each major weather event.

3.2 Lightning Protection Systems
(a) The Client acknowledges that lightning protection systems are intended to direct a portion of the electricity from a lightning strike down through the system into the gr ound, and mitigate the potential damage to the tree from a lightning strike, but that such systems cannot prevent damage to structures, nor can such systems prevent damage to trees caused by lightning entirely. (b) The Client acknowledges that for lightning protection systems to function optimally, the Client must arrange for them to be inspected and maintained by a qualified arborist periodically and after each major weather event.

3.3 Recreational Features
(a) The Client acknowledges that Bartlett Tree Experts recommends stopping the use of, and removing, any tree house, ropes course, swing, or other recreational feature attached to a tree. Regardless of the health or condition of the tree, such features might be unsuited for the intended use or might plac e unpredictable forces on the feature or the tree, resulting in failure of the feature or the tree and injury to persons or damage to property. Bartlett Tree Experts is not responsible for the consequences of use of any such feature.
(b) The Client acknowledges that if a recommendation is made to mitigate an observed and immediate safety issue on a tree with any such device or feature attached, such as the removal of a dead, dying, or broken limb that could fall and injure a person or damage property, the Clien t should not infer that following the recommendation and mitigating the immediate safety issue makes the tree in question safe for the use of the attached device or feature.

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3.4 Root Pruning
In the right circumstances, root pruning is a valuable and necessary service, but it might pose a risk to the health and structural integrity of trees. To limit that risk, Bartlett Tree Experts performs root pruning to industry standards, but the Client acknowledges that the health and structural integrity of trees within the Scope of Work might nevertheless be adversely affected by any root pruning performed as part of the Work. Bartlett Tree Experts shall assist the Client in understanding the risks involved before opting for root pruning, but the Client will be responsible for deciding to proceed with root pruning.

3.5 Stumps, Stump Grinding, Tree Grates
The Client acknowledges that if any recommendations call for the removal of certain trees, that the remaining stumps may present tripping hazards, and that it is the Client’s responsibility to remove any such tripping hazard, whether such hazard is created by the stump, the grindings if the stump is ground down, or any tree grates that exist.

3.6 Client Trees in Hazardous Condition
If the Client Agreement specifies that one or more trees within the Scope of Work are in hazardous condition, have an extreme, high or moderate risk rating, or should be removed for safety reasons, the Client acknowledges that removing those trees would prevent future damage from trees or tree limbs falling. If the Client requests that one or more of those trees be pruned instead of removed, the Client acknowledges that although pruning might reduce the immediate risk of limbs falling, it does not preclude the possibility of future limb, stem, or root failure. Bartlett Tree Experts is not responsible for any such future failure.

3.7 Trees in Poor Health or a Severe State of Decline
The Client acknowledges that if a tree is in poor health or in a severe state of decline, Bartlett Tree Experts cannot predict how that tree will respond to any recommended plant health care or soil care and fertilization treatment and might not be able to prevent that tree from getting worse or dying.

3.8 Trees Planted and Maintained by Other Contractors
The Client acknowledges that if trees within the Scope of Work were recently planted or are being maintained by one or more other contractors or if one or more other contractors will be watering and providing services with respect to trees within the Scope of Work, how those trees respond to treatment in the course of the Work might be unpredictable, and Bartlett Tree Experts cannot be responsible for the health of such trees or plants.

3.9 Trees with Cones and Large Seed Pods
The Client acknowledges that large tree cones or seedpods on some t rees can become dislodged and fall without notice, creating a hazard to persons or property. If the Client has the type of tree on their property that produces large, heavy cones or seedpods, and the Client does not wish to remove the tree, Bartlett Tree Experts recommends that the Client marks off and restricts the area under and near the tree from pedestrian and vehicle traffic whenever possible, places a warning sign near the tree, remains aware of the hazardous conditions the falling cones can create, and inspects the tree annually and removes any observable cones if possible in order to mitigate the potential for damage from falling cones.

3.10 Fire Damage
(a) Regardless of the species, trees exposed to fire can suffer structural damage that goes beyond whatever external damage might be visible. Fire can cause cracking and brittleness in tree structure and integrity; it can make pre-existing defects worse; it can make roots less stable; and it can weaken the overall health of the tree, making it susceptible to disease and pest infestations. The effects of fire damage are unpredictable and difficult to determine. Bartlett Tree Experts is not responsible for any injury to persons or damage to property resulting from services performed on fire -damaged trees as part of the Work.
(b) The Client acknowledges that if trees and shrubs on the Client’s property have been exposed to fire, the Client should have qualified arborist periodically inspect trees and shrubs on the property for fire damage.

Article 4

DISPUTE RESOLUTION

4.1 Arbitration
(a) As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of or related to the Client Agreement or Bartlett Tree Experts’ performance of the Work, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, and each party hereby consents to any such dispute being so resolved. Any arbitration commenced in accordance with this section must be con ducted by one arbitrator. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. The parties also agree that the issue of whether any such dispute is arbitrable will be decided by an arbitrator, not a court.
(b) The arbitrator must not award punitive damages in excess of compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration.

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4.2 Third Party Liability
The Client acknowledges that the use of any management plans create d, reports written, recommendations, maps, sketches, and conclusions made are for the Client’s use and are not intended to benefit or cause damage to any third party. Bartlett Tree Experts accepts no responsibility for any damages or losses suffered by any third party or by the Client as a result of decisions made or actions based upon the use of reliance of the management plans created, reports written, recommendations, maps, sketches, and conclusions made by any third party.

4.3 Limitation of Liability
The maximum liability of Bartlett Tree Experts for any losses incurred by the Client arising out of the Client Agreement or Bartlett Tree Experts’ performance of the Work will be the amount paid by the Client for the Work, except in the case of negligence or intentional misconduct by Bartlett Tree Experts.

Article 5

MISCELLANEOUS

5.1 Client Responsibilities
(a) The Client is responsible for the maintenance of the Client’s trees, shrubs, and turf and for all decisions as to whether or not to prune, remove, or conduct other types of tree work on each respective tree, or when to prune, remove, or conduct other tree work on any respective tree, and all decisions related to the safety of each respective tree, shrub, and turf area. (b) Nothing in this Agreement creates an ongoing duty of care for Bartlett Tree Experts to provide safety maintenance or safety inspections in and around the Client’s property. It is the responsibility of the Client to ensure the safety of its trees and landscape, and to take appropriate actions to prevent any future tree or tree part breakage or failures, or otherwise remove any hazardous con ditions which may be present or may develop in the future.

5.2 Severability
If any portion of this Client Agreement is found to be unenforceable, then only that portion will be stricken from the Client Agreement, and the remainder of the Client Agreement will remain enforceable.

5.3 Unrelated Court Proceedings
The Client acknowledges that Bartlett Tree Experts has prepared the Client Agreement solely to help the Client understand the Scope of Work and the related costs. If a court subpoenas Bartlett Tree Experts’ records regarding, or requires that a Bartlett representative testify about, the Client Agreement or the Work in connection with any Proceeding to which Bartlett Tree Experts is not a party or in connection with which Bartlett Tree Experts has not agreed to provide expert testimony, the Client shall pay Bartlett Tree Experts Two Hundred Dollars ($200.00) per hour for time spent by Bartlett representatives in collecting and submitting documents for those Proceedings and attending depositions or testifying as part of those Proceedings.

5.4 Use of Information
The Client acknowledges that the information provided within the Client Agreement and any deliverables provided is solely for the use of the Client for the intended purpose of helping the Client understand and manage their tree care needs. All deliverables must be used as a whole, and not separated or used separately for other purposes.

5.5 Notices
For a notice or other communication under the Client Agreement to be valid, it must be in writing and delivered (1) by hand, (2) by a national transportation company (with all fees prepaid), or (3) by email. If a notice or other communication addressed to a party is received after 5:00 p.m. on a business day at the location specified for that party, or on a day that is not a business day, then the notice will be deemed received at 9:00 a.m. on the next business day.

5.6 Amendment; Waiver
No amendment of the Client Agreement will be effective unless it is in writing and signed by the parties.

No waiver under the Client Agreement will be effective unless it is in writing and signed by the party granting the waiver. A waiver granted on one occasion will not operate as a waiver on other occasions

5.7 Conflicting Terms
If these terms conflict with the rest of the Client Agreement, the rest of the Client Agreement will prevail.

If these terms conflict with any other Client documentation, terms, or purchase order agreement, then the Client Agreement and these terms will prevail.

5.8 Entire Agreement
The Client Agreement with these terms constitutes the entire understanding between the parties regarding Bartlett Tree Experts’ performance of the Work and supersedes all other agreements, whether written or oral, between the parties.

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ATTACHMENTS

Curriculum Vitae
Ryan Suttle
Allegra Mautner
Jane Whitcomb

List of Clients in the Last 12 Months

List of Projects Within San Carlos Within the Last 12 Months

City Consultant Contract

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Ryan Suttle
Consulting Arborist & Urban
Forester
[email protected]
925.785.4321
325 Ray St
.Pleasanton, CA
94566
Education
University of Massachusetts, Am-
herst. Master of Science, Arboricul-
ture & Urban Forestry
Santa Clara University. Bachelor of
Arts, Environmental Science; Minors:

Biology, Studio Art
Certifications
ISA Board Certified Master Arborist
(WE-12647BU)
ISA Certified Utility Specialist
Tree Risk Assessment Qualification
Societies and Memberships
Western Chapter International Soci-
ety of Arboriculture
International Society of Arboriculture
Volunteer Experience
Friends of the Urban Forest, San
Francisco: Intern
Tree Northampton, Northampton MA:

Tree Planter
Amherst, MA: Drafted Tree Ordi-
nance for local government
Summary
Ryan Suttle comes to HortScience | Bartlett Consulting (H|BC) with a strong arboricultural background on various utility vegetation management projects on the West and East coast. He has experience conducting original and rig- orous scientific research projects and presenting to international audiences.

He has expertise in utility vegetation management, technical report writing, tree risk assessment, vegetation inventorying, and the intersection of arbori- culture and technology.

Selected Project Experience
Amherst, MA
Ryan worked with a major Northeast utility company to assess tree conditions along their roadside electrical distribution rights of way throughout the state of MA, to be delivered to the state department of public utilities. Utilized GIS to map field sites and assign to inspectors, and conducted a novel quantification of utility forest tree benefits using i-Tree Eco.

Amherst, MA
Conducted novel pilot study research into the use of artificial intelligence technologies in arboriculture. Ryan assessed likelihood of failure for approxi- mately 600 trees, and worked with a team of arboriculture and computer sci- ence researchers to train an artificial intelligence framework to classify likeli- hood of failure for trees using only a single photograph. Presented findings at the International Society of Arboriculture 2021 Virtual Conference.

Amherst, MA
Investigated effects of utility line clearance pruning on the size, value, and ecological function of trees in MA. This study compared utility pruned trees to trees pruned for other objectives in the landscape to investigate how, if at all, utility pruning may affect trees differently than other pruning objectives.

This study expands the limited pool of utility arboriculture research represent- ed in peer reviewed literature. Presented at the Utility Arborist Association Trees and Utilities Conference in 2021.

Previous Work Experience
Orion Managed Services, LLC: Quality Assurance Manager
Data manager for quality control and quality assurance for five territories on an enhanced vegetation management project in high fire threat areas of Cali- fornia. Built automated data error detecting algorithm to match field collected data to client scope using R statistical software.

UMass Amherst: Research Assistant and Arborist
Master’s thesis research focused on effects of utility pruning on trees and additional research into the use of artificial intelligence in arboriculture. In- ventoried trees in the UMass Amherst campus Waugh Arboretum, planned and led walking arboretum tours.

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Allegra Mautner
Consulting Arborist
and Urban Forester
[email protected]
925.585.5705
325 Ray Street
Pleasanton, CA 94566
Education
University of California, Berkeley
Bachelor of Science
Forestry and Natural Resources

Certifications
ISA Certified Arborist (WE-10369A)
Tree Risk Assessment Qualified

Societies and Memberships
International Society of Arboriculture
Western Chapter International
Society of Arboriculture

Volunteer and Related Experience
Merritt College Arboriculture Program
Faculty
Merritt College Arboriculture Program
Curriculum Advisory Committee Mem-
ber
Women in Arboriculture Committee
Member for Western Chapter Interna-
tional Society of Arboriculture
Canopy Tree Care Taskforce Advisory
Member
Friends of the Urban Forest
Tree Care Leader

Summary
Allegra has over a decade of experience in forest management in the Bay Ar- ea. She has experience in wildland and urban forestry inventory, utility vegeta- tion management, young tree care, production arboriculture, and municipal forestry. Her expertise is in education and training, project coordination, tree risk assessment, crew management, vegetation inventory, systems and docu- ment creation, efficiency improvement, and technical communication. Allegra joined the HortScience | Bartlett Consulting team in 2021.

Selected Project Experience
Street Tree Species Choice List, City of San José.

Updated list of over 120 potential species for planting within the Department of Transportation right of way. Improved list to include novel, climate-ready spe- cies and remove poor performing species. Improved accessibility to allow for use by inspectors, non-profit partners, and the general public. Included cus- tomizable filters to allow for site-specific species options which maximize bene- fits to the urban forest.

Beautify San José - Santa Teresa Corridor Rejuvenation. City of San José.

Inventoried all trees and potential planting locations along six miles of Santa Teresa Blvd. in south San José. Assessed trees in back ups and medians for hazard potential. Created and monitored work list for contractor crews. Creat- ed planting plan and site specific species palette for replacement trees and vacant sites along corridor.

Previous Work Experience
Urban and Community Forestry Course. Arboriculture Program Merritt College.

Teaches and created entire curriculum for 18-week Urban & Community For- estry course. The course is focused on the theory and practice of municipal and community forestry. Curriculum includes sections on inventories, apprais- al, ordinances, protection plans, tools and systems for inventories and assess- ments, as well as management plan creation and administration.

Tree Care Program. Friends of the Urban Forest.

Coordinated management of 4,000 trees annually through volunteer pruning program. Maintained database for and provided quality control for inventory of all trees as a part of the Scheduled and Emergency Tree Care Programs.

Managed intake and response to inquiries from property owners and the gen- eral public concerning citywide street tree management and ordinance compli- ance. Created Green Crew job-training program for entry-level tree care indus- try workers.

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Jane Whitcomb
Arborist and Graphics Technician [email protected]
925.484.0211
325 Ray St.

Pleasanton, CA 94566
Education
Santa Barbara City College
Cuesta College, San Luis Obispo
Certifications
ISA Certified Arborist (WE-3864A)
Tree Risk Assessment Qualification
Summary

Jane Whitcomb joined HortScience | Bartlett Consulting in 1995. She spe- cializes tree assessment as well as mapping systems. Jane is familiar and experienced in a variety of landscapes in the Bay Area from oak woodlands to planted landscapes.

Selected Project Experience
San Francisco Recreation & Parks Department
Jane assessed in the assessment and mapped of over 10,000 trees located on more than 50 park properties for the San Francisco Recreation & Parks Department.

The Presidio Trust
Having worked on the 2004, 2008, 2012, 2016 assessment, Jane just assist- ed in the completion of the 4th iteration of the risk assessment of ~ 8,000 trees at the Presidio. The goal was to assess tree health and identify high risk trees in a very urban setting. The project included data collection, manage- ment and analysis (Excel and GIS), working directly with the tree crew to ad- dress high risk trees, report preparation and meeting client expectations and schedules. As the only staff member involved in all four assessments, Jane has been central to this effort. She has coordinated mapping with Presidio Trust staff.

Caltrain Peninsula Corridor Electrification Project
Since 2013 Jane has worked with Caltrain on tree issues related to electrify- ing 51 miles of track from San Francisco to San Jose, through three phases.

Inventorying and assessing over 5,000 trees potentially impacted by the pro- ject.

Jane has worked with HortScience | Bartlett Consulting staff to assess and map trees on development sites throughout the San Francisco Bay Area.

Jane has transitioned tree location mapping at HortScience | Bartlett Consult- ing from ink-on-vellum and press-on type to CAD and GIS programs.

October 2018

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Darya Barar
Consulting Urban Forester &
HortScience | Bartlett Consulting
Manager
[email protected]
925.484.0211
325 Ray St
.Pleasanton, CA
94566
Education
California State Polytechnic Universi-
ty, Pomona. Bachelor of Arts, Liber-
al Studies; Minor: Horticulture
Certifications
Registered Consulting Arborist #693
ISA Certified Arborist (WE-6757A)
Tree Risk Assessment Qualification
Tree & Plan Appraisal Qualification
Societies and Memberships
International Society of Arboriculture
Western Chapter International Soci-
ety of Arboriculture
American Society of Consulting Ar-
borists
Previous Work Experience
The City of Pasadena
Pasadena, CA. Coordinated manage-
ment and development of a 61,000-
tree urban forest. Secured more than
$500,000 in State funding each year
for forestry management activities,
through preparation and submission
of grants. Monitored grant funding,
program implementation and prepare
all reports related to grants.

The Huntington Library, Art Collec-
tion, and Botanical Gardens, De-
partment of Education
San Marino CA. Designed and
taught curricula for the Botanical Gar-
dens school field trip programs and
the Huntington Explorers Summer
Program.

Summary
Darya Barar manages the HortScience | Bartlett Consulting (H|BC) office of 11 employees, nine of whom are Certified Arborists with six are Registered Consulting Arborists. During her tenure with H|BC Darya worked with the City of Menlo Park on their Heritage Tree Ordinance update, the City of Vallejo on a street tree ordinance update and is an on-call Arborist for the City of Berke- ley. Darya specializes in urban forestry management with 14 years of experi- ence in the municipal setting. She has particular experience in disaster man- agement. Darya has extensive experience working with community groups, state and local agencies on tree ordinances, master plans and large scale tree replacement projects.

Selected Project Experience
City of Menlo Park, CA
Darya worked with City of Menlo Park staff and the Heritage Tree Task Force on benchmarking and developing a policy analysis report for revisions to the Heritage Tree Ordinance. Darya developed a preferred options package based on direction from the Heritage Tree Task Force. The package included five main subject areas with 16 preferred options and over 50 options consid- ered.

City of Vallejo, CA
Darya worked with the City of Vallejo to revise the street tree ordinance. Dur- ing her there, she also help the City of Vallejo to successfully obtain funding for a street tree inventory project.

City of Berkeley, CA
Darya provides on-going consulting services. Evaluating street tree removal requests, reviewing development plans for compliance with tree conditions, and reviewing sidewalk renovations where public trees maybe impacted.

City of Mountain View, CA
Darya developed a street tree palette for the North Bayshore area of Moun- tain View. We assembled a list of candidate tree species that provided the desired functions, assessed the site suitability of each based on several fac- tors including, salt tolerance, drought tolerance, longevity and performance in paved areas. We then recommended species for street tree replacement based on the five street typologies presented in the North Bayshore Precise Plan. Finally, Darya developed a plan to phase existing street trees replace- ment with the newly designated street tree species.

Palo Alto Unified School District, CA
Darya provides on-going consulting services to the School District to evaluate tree health and structural condition, diagnose problems and recommend tree care management treatments to promote health and stability. Darya also pro- vides Arborist Reports for planned renovation or development on PAUSD property.

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Palo Alto Unified School District Integral AECOM Wood Carmel Pleas Meta City of Piedmont BluDot City of Pleasanton Greenbrier Bridge McBride, MD Hacienda Sares Live Oak Ponderosa City of Menlo Park Rosas SSA Sinnott SFEI Fort Bay Charitiies Housing Smith Group AJW MAI CalEng Avalon West Coast Land Development Lowe CorpSigns BPA Solar Tech F. Carbon Greystar Valley Cap. Takeuchi LPA Calson Heleo EBMUD
WRNS RMW Sargent C. Barton Hoffman, Mary Cupp, Dave HOK Longfellow Hanover Envision Bruce Jett Hazen Keddie, Taylor Calibr City of Mountain View SummerHill Google Triad Roberts, Alan ROMA Sage 88, LLC.

Carlson Devcon City of Mountain View Tong Borges New Fz. RHAA Olympic Evans Steelwave ICF Pacific West City of Valejo Presidio McGuigan, S.

Blackhawk Country Club Mid Penninsula Sanders HywrdSenior Sun Dev. Insite BrightView SF Botanical Garden Equity EAH DSD Las Palmas Snd. Stne. D&C City of Berkeley San Marin City of Belmont LCC Sacto Murphy, Steph HDR Irvine Company Eden ALTA Toll Habitat Rachelle Kier + Wright UC Berkeley Pulte McArdle Davidon Alden SunPower Martin Group Lennar Gottesman Helios UCSF Alliance Swift Form4
GGC SWA MareIs Nuvera Schnitzer Cotsirilos Harbor
Ware HAS City of San Francisco DeNardi Swenson Bruzzone Cal Coastal Rosa Larson City of Cupertino Workday Kaplan, Marty OutwrdBnd Prima Verde Design Lane Rosenberg L. Trumark ReUse TREANORHL Sutter Health Thuilot Bauen Cap. MBPAECOM Valley Oak Catalyst SFSU Moreau Catholic High School GKW Gordon Meridian Sand Hill KT Urban Seppala, S. Arista Networks HARD Gates Touchstone CAStion 10x Genomics Montana Schreiber, R.

Gavini Naveen City of Hayward HPA Duke TrueLife Everwest Amer. Cmp.

TriPointe Gates Stanford University QualT CP Bohannon Orchard DR Horton BayWest San Mateo Union High School District Hillhse Rice, Lauren J. FirstInd Pacific Saravana Fremont Scapes Mark P3RE Urban SummerHill
David J Powers SWA Gustafson M. 1388 Kifer LLC John Muir Mason, Ch. WCCUSD Schroeder, J. Miramar Capital SBCA LVJUSD
Client List from Last 12 Months
San Carlos City-retained Arborist
San Carlos, CA
July 2022

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Client Name Date Location
SSA Landscape Architects January 2022 San Carlos Industrial Park Presidio Bay Ventures January - April 2022 624 Quarry Rd, San Carlos Projects in San Carlos from Last 12
Months
San Carlos City-retained
Arborist
San Carlos, CA

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EXHIBIT A

SCOPE OF WORK

At the direction of the Community Development Department, the Consulting City Arborist will coordinate with Planning Division Staff, Building Division Staff, Public Works Department, and the City’s Code Enforcement Officer on the following tasks:

1. Review plans and arborist reports/landscape unit values submitted for development proposals through Planning Applications and Building Permit plan review. Identify any missing or inaccurate information and request additional information and/or clarifications as needed to provide recommendations based on City ordinances, General Plan policies and best management practices.

2. Handle all correspondence for tree removal applications and return timely comments.

3. Respond to tree related special public inquiries within 48 hours as requested by the City.

4. Assist the Code Enforcement Officer with clear and concise requirements to address removal of trees that have been deemed hazardous or in poor health.

5. Respond to emergency tree situations on site or via video calling within 24 hours outside of normal business hours.

6. Utilize City software systems (Trakit, Box, BlueBeam, Adobe Acrobat, etc.) to update application tracking and review

7. Attend public hearings outside of regular business hours virtual or in-person as directed by the Community Development Department.

8. Respond to Public Records Requests in accordance with legal requirements.

9. Assist staff with preparation of Ordinances, public education documents, and other forms of community outreach efforts and assist with streamlining documents and processes.

10. Expedite dead tree removal requests and/or emergency tree removal requests.

11. Provide replacement tree monitoring services, when required

12. Review project plans for potential impacts to Heritage Trees and Street Trees through construction-related activities and provide the necessary comments, methods of mitigation and/or recommendations to preserve the long-term health of identified trees.

13. Confirm as reasonable or dispute as unnecessary the Project Arborist’s recommendation of the necessity to remove a heritage tree or trees.

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14. Conduct site visits to verify that the tree data presented in the development proposal corresponds with the site conditions.

15. Accurately represent the City and answer questions, review plans and assist citizens in person at the public counter, on the phone or by email.

16. Visit the project site to verify tree protection measures are in place prior to building permit issuance.

17. Perform regular site inspections to ensure the health of trees and tree protection remains in place.

18. Work with city staff to implement best management practices and streamline the tree removal/ protection processes for development review.

19. Provide excellent customer service, remain flexible with job duties, be proactive and take initiative with assigned projects.

20. Supplemental tasks may be assigned as needed. The professional services contract will enable the City to obtain professional and technical assistance on short notice and as-needed basis from the selected consultants.

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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 10, 2022
ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Execute an Agreement for Website and Intranet Design, Development, Implementation, and Hosting Services to Revize Government Websites in an Amount Not to Exceed $219,392 for a Four Year Term, with Two, Two-Year Options to Extend.

RECOMMENDATION:

Adopt a resolution authorizing the City Manager to execute an agreement for products and/or services for website and intranet design, development, implementation, and hosting services (“Project”) in an amount not to exceed $219,392 for a four-year term, with two, two-year options to extend the agreement.

FISCAL IMPLICATIONS:

There is no fiscal implication or additional appropriation needed at this time.

See the table below for a summary of the Project cost by year. The first, four-year term of the Project will not exceed $149,200. This includes a one-time fee to build the website and intranet for $92,500 in year one of the agreement, plus a contingency of $7,500 to cover any unexpected design requirements in the build phase of the project, plus annual hosting, support, and maintenance fees of $16,400 per year, in years two through four of the agreement.

If the City chooses to exercise one or both options to extend the agreement, the annual hosting, support, and maintenance fee would be $17,548 per year, in years five through eight of the agreement, raising the total not-to-exceed Project cost to $219,392.

The year one cost of $92,500 to design, develop, and implement the website and intranet, plus $7,500 contingency are funded by the General Capital Fund (Fund 25). Ongoing annual hosting, support, and maintenance fees are funded by the general operating budget.

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BACKGROUND:

Municipal websites are arguably the most important communications tool a city possesses in its suite of community engagement tools. They have the power to reach the most individuals and contain large volumes of data, reports, and presentations. Municipal websites can be used to update, inform, educate, transact, and alert both the community and staff.

The City of San Carlos’ website and intranet were launched in 2005 and updated in 2012. In June 2017, the City entered into a five year agreement with Vision Technology Solutions, LLC (“Vision”) for a new website and intranet after a competitive request for proposals (“RFP”). Staff was unaware that approximately nine months later, in February 2018, Vision would be acquired by Granicus, LLC (“Granicus”).

The useful life of a website is typically two to five years. The City’s current website is over five years old and due for an update. At its June 13, 2022 meeting, the City Council adopted Resolution 2022-059 authorizing the City Manager to execute an addendum to the five-year agreement with Granicus to extend the contract term for one year through June 9, 2023 in order to have enough time to conduct an RFP and hire a new website provider. Also on June 13, 2022, the City Council passed Resolution 2022-069 appropriating $100,000 from the General Capital Fund (Fund 25) for the design, build, and implementation of a new City website and intranet.

ANALYSIS:

The City Manager’s Office issued an RFP for website design and hosting services on August 2, 2022 and received thirteen proposals by the due date on August 30, 2022. A selection committee comprised of six City staff reviewed all the proposals and identified four vendors to interview Table: Summary of Project Costs By Year
Year 1 100,000$ Build fee of $92,500, plus $7,500 Contingency (General Capital Fund) Year 2 16,400$
Year 3 16,400$
Year 4 16,400$
149,200$
Cost if First Option to Extend the Agreement is Exercised Year 5 17,548$
Year 6 17,548$
35,096$
Cost if Second Option to Extend the Agreement is Exercised Year 7 17,548$
Year 8 17,548$
35,096$
Cost for First Four Years

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based upon the following criteria: completeness of the proposal, including the number of municipal references provided; the design and development process and timeline outlined; hosting and security services; the content management system (“backend”); ongoing support and maintenance services; customer service offerings; the project team; and, pricing.

The City’s selection committee conducted all four vendor interviews on September 21, 2022 and selected Revize Government Websites (“Revize”) as the City’s preferred vendor based upon the following factors:
- Breadth of experience in delivering municipal websites, including, the number of municipal references that were provided;
- Elegant visual design;
- Search functionality;
- User-friendliness of their back-end content management system; - Project management team;
- Proposed project timeline;
- Breadth of modules offered including e-Notify, online forms, a public service request app, intranet, and more;
- ADA compliance tool;
- Free design refresh in year four of the contract; and - Number and scope of proposed changes to the City’s standard agreement for products and/or services.

Revize’s proposal is included as Attachment 2.

If the City Council adopts a resolution authorizing the City Manager to execute an agreement for products and/or services with Revize, the project can be initiated in the next few weeks beginning with project kickoff and discovery meetings with City departments and power users. Staff will also incorporate feedback obtained from community outreach via a feedback survey form posted on the City’s website, the “Council Newsletter”, Nextdoor, Twitter, and Facebook. The target completion date for this Project is May 2023 in order to allow for a seamless transition from the Granicus contract which expires in June 2023.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a resolution authorizing the City Manager to execute an agreement for products and/or services for website and intranet design, development, implementation, and hosting services in an amount not to exceed $219,392 for a four-year term, with two, two-year options to extend the agreement; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction
Respectfully submitted by:

Nil Blackburn, Assistant City Manager

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Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. Revize Website Proposal

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RESOLUTION NO. 2022 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WEBSITE AND

INTRANET DESIGN, DEVELOPMENT, IMPLEMENTATION, AND HOSTING SERVICES TO REVIZE GOVERNMENT WEBSITES IN AN AMOUNT NOT TO EXCEED $219,392 FOR A FOUR YEAR TERM, WITH TWO, TWO-YEAR OPTIONS TO EXTEND.

WHEREAS, the useful life of website is typically two to five years and the City’s current website is over five years old and due for an update; and WHEREAS, on June 13, 2022, the City Council passed Resolution 2022-069 appropriating $100,000 from the General Capital Fund (Fund 25) for the design, build, and implementation of a new City website and intranet; and
WHEREAS, ongoing annual hosting, support, and maintenance fees beyond the one-time design, build, and implementation costs are budgeted for in the general operating budget; and WHEREAS, a request for proposals (RFP) for the design, development, implementation, hosting of a new website and intranet was issued on August 2, 2022; and WHEREAS, the City’s selection committee comprised of six staff reviewed thirteen proposals after the RFP due date on August 30, 2022 and selected four vendors to participate in interviews on September 21, 2022; and
WHEREAS, following comprehensive interviews and reference checks, staff selected Revize Government Websites as the most qualified vendor to meet the City’s website and intranet needs.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Carlos hereby approves and authorizes the City Manager to execute an agreement with Revize Government Websites for website and intranet design, development, implementation, and hosting services in an amount not to exceed $219,392.
* * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 10th day of October 2022, by the following vote:

AYES, COUNCILMEMBERS: ___________________________________________ NOES, COUNCILMEMBERS: ___________________________________________ ABSENT, COUNCILMEMBERS: ___________________________________________

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________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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WEBSITE PROPOSAL FOR
The City of San Carlos,
California
Prepared by Thomas J. Jean [email protected]
Ph: 248-269-9263 x8035 Fax: 866-346-8880
www.revize.com June 9, 2022

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Revize California Clients!
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Colleen Roberts, New Bern, NC – Public Information Officer “Revize is a beehive of creative thinkers who are interested in putting your organization's communication objectives front and center.

They're extremely easy to work with and they're engaged every step of the way. Before, during and after Revize did our site build, they were super responsive any time we had questions or concerns. & they're always open to new ideas too. We couldn't be happier!”

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Revize Clients!
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Michael Bruckner, Assistant to the City Manager,
City of Arcadia, CA
“Revize has done it again! Another game changing, cutting edge website that moves the industry forward by connecting citizens to services in as few clicks as possible.”

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Section 1: RFP Checklist

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Section 2: Letter
Dear San Carlos Website Selection Committee,

Thank you for considering Revize as your web development partner. For nearly two decades, Revize has been a leader in providing high-quality, government-compliant web solutions. A myriad of industry awards and hundreds of satisfied clients stand as a testament to the quality and value of our work.

Every member of the Revize team understands that your website is more than a website. It’s a valuable resource that can help you build a better community.

Visitors are drawn to websites that are appealing yet functional, user-friendly with a plethora of services, and accessible on a wide range of devices. A Revize website will allow your residents and businesses to easily fill out and submit documents, review and pay bills and taxes, perform searches to answer frequently asked questions and perform a suite of other tasks that would otherwise require staff assistance. What’s more, a Revize website will enable you to increase staff productivity and decrease costs by reducing off-line departmental operations.

• City of Largo, FL www.largo.com
• New Bern, NC www.newbern-nc.org
• City of Arcadia, CA www.arcadiaca.gov
• City of St. Petersburg, FL www.stpete.org
• City of Des Moines, IA www.dsm.city
• And Many More!

We will work closely with you to design and develop a dynamic, functional and easy to navigate website that will perfectly fit your community. Then we empower you to control your digital presence with the industry’s best administrative management applications. Revize training ensures that your team has the skills needed to expertly update and manage website content and delivery.

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Government clients select Revize because we can help them • Effectively engage residents.
• Enhance their web presence and build an online communications center. • Empower non-technical web content editors and administrators to easily execute changes.
• Implement a scalable solution that allows them to affordably grow their web presence for the long term.

“Revize Websites build engagement
with your constituents.”

We have worked hard to establish a reputation for creating online community websites that engage, inform, and increase participation of your community. With our help, your community’s website can serve your residents better, inspire them more, and get them actively involved in your government.

Please contact me if you have any questions at all.

Sincerely,

Thomas J. Jean
Project Manager
248-269-9263 x8035
[email protected]

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Thank you for considering Revize Software Systems for your new website project.

We understand the importance of this undertaking and know how motivated your government/community is to selecting the right vendor; one who will work with you through all the steps required to build the perfect website featuring a plethora of high quality online services that your constituents will want to use regularly.

In more than two decades of working with government leaders, as well as through nationwide surveys, we have learned that the key to choosing a website vendor is finding the right balance between the total cost of the solution and the quality of the design, online apps and user functionality. In simpler terms, you need a solution that works for you and serves your constituents.

With approximately 2,500 government websites launched nationwide, Revize Software Systems is one of the industry’s leading providers. We credit our rapid growth to our 20-year track record of building award-winning government websites and content management systems. When you work with Revize, you’re not just a client, you become part of the Revize family and will receive the service and support you need and expect! We are among the most highly respected government website experts in the United States and we proudly stand by our work.

Revize has been a pioneer in implementing the latest trends in design by using Responsive Web Design (RWD). This technology ensures that site visitors have an optimal viewing experience — easy reading and navigation with a minimum of resizing, panning, and scrolling — across a wide range of devices, from desktop monitors to mobile phones. RWD provides flexible and fluid website layouts that adapt to almost any screen. When you implement a dynamic new website powered by Revize, you will not only get an outstanding look, layout and navigation, but you also receive 24/7 access to our Government Communication Center for residents, business and visitors.

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• Public Service Request App
• Calendar of Events
• E-Notification Modules
• On-Line Payment Portal
• Facilities Reservations
• News Center with Facebook/Twitter
Integration
• Emergency Alerts
• Online Forms / Survey Tools
• E-Newsletter Applications
• Job Posting and Tracking Module
• Public Records Request Tracker

Revize is renowned as a leader in providing practical, high-value, easy to use content management software Government CMS. This simple-to-use yet powerful solution enables clients to manage their online presence with high functionality and style.

With applications such as an online document center, public service request app, public records request tracker, agendas and minutes, frequently asked questions and more, Revize ensures that our clients have the tools they need to make information and services available for website users at the click of a mouse.

Revize addresses time concerns by completing websites in considerably less time than our competitors. And because our software is so easy to use, we are also able to effectively train our clients in less than half the time it takes our competitors. Our training program is customized based on each client’s needs, and we provide hands on training the way you want it - either onsite or off site through web conferencing tools. We pride ourselves on the skills of our support staff, who are responsive, knowledgeable and helpful. Our online support portal is available 24X7X365 for issue tracking and management. We also provide phone and email support during regular business hours.

Did you know?
Our technical support staff are trained
developers. When you call for tech support,
you’ll be speaking to staff with direct
knowledge of development!

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FOUNDED
1995

HEADQUARTERS
150 Kirts Blvd.

Troy, MI 48084
PHONE
248-269-9263

WEB SITE
www.revize.com

Revize Software Systems was founded in June, 1995 as a "new media" development company specializing in the creation of interactive web design, multimedia content delivered on CD-ROM, and video production. Since then, Revize has made an unsurpassed name for itself in the web/internet industry as THE master of government website design, which remains our specialty. We now boast more than 2,500 websites launched in North America and have created acclaimed website designs for hundreds of municipalities and counties, as well as government departments and agencies. In September, 1996 as the Internet was becoming a world-wide reality, Revize began developing a Web Content Management System (CMS) for the government market to enable non-technical contributors to quickly and easily update content on their websites. The result was the creation of our state- of-the-art Revize Government CMS. Our mission has always been to enhance the communications of government organizations nationwide with their varied and valued audiences. This is based on our vision statement, which reads:

“The empowerment of people
through simplified information
management technologies.”

Focused exclusively on creative web design, government web apps and content management technologies, Revize continues to invest in its technology, continually adding new capabilities and features that manifest our vision. While many municipalities choose Revize to develop and cost-effectively manage their website content, clients also use Revize as an information-sharing platform. Our suite of

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Revize Government web-based solutions has proven valuable as a powerful technology that empowers clients to build and maintain sophisticated web sites, all while using the Internet and internal Intranets/Extranets to acquire, analyze, process, summarize and share information – ensuring that the right people always have the right information at the right time.

“We are proud of our award winning web designs,
technologies, continued innovations to build
government centric modules and apps, web content
management, training and support capabilities. We
are especially proud of being recognized as one of
the industry’s top government website experts and
innovators. We are committed to pursuing the
continued evolution of all our services to provide
increased value to our government clients.”

Did you know?
Revize has won national awards for our
websites!

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Section 3: References
The City of Arcadia, California
www.arcadiaca.gov
Horizon Interactive Award Winner
Details:

The City of Arcadia, California chose Revize because they wanted a website that stood out from all of the others in Los Angeles County. In this site, we built unique designs for the city, recreation department, and library. Each one has its own unique look and feel while maintaining the brand. This site also includes our proprietary “curated search” feature. This feature puts you in control of the search results on the site. You get to decide which results display based on the search criteria your users input into the search. This allows them to find the results they are looking for instantly!
Mike Bruckner – Deputy City Manager - (626) 574-5433 - [email protected]

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City of Largo, Florida
www.largo.com
Details:

Largo, Florida wanted a website like no other. Through a collaboration between the city marketing team and Revize, we were able to create this award winning website.

Each page in this website was designed to uniquely fit the needs of the community.

We also built unique designs for the city parks, library, and theater. The navigation within this site is built based on services rather than department silos. Overall this website brings together an amazing mix of design expertise and functional clarity to create a great user experience!

Lauren Fatkin – Communications Strategist – 727.587.6740 - [email protected]

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The City of Olympia, Washington
www.olympiawa.gov

Details:

The City of Olympia, the Capitol City of Washington, presented a unique opportunity for Revize and the City’s web team. This website features an extremely innovative homepage. As users scroll from one section to the next, they can explore different trending topics, services, news, events, and much more in an extremely modern fashion. We built this website to be one of the most visually inspiring, but also most functional websites in the United States. With the unique design coupled with features such as a curated “smart search” feature and online interactive forms, this website makes a strong case for that title!

Joshua Linn – Website Administrator – 360.570.3782 – [email protected]

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The City of New Bern, North Carolina
www.newbernnc.gov

Details:

New Bern, North Carolina wanted a design unlike any City out there. With this design we pushed the limit of what people think when they see a City website. We integrated a drone video that plays on the full width homepage. In addition, this site features more scrolling than you may notice on more traditional websites. That is a good thing! Users are now, more than ever, viewing websites on their hand-held devices. Some estimates say this is as high as 60% of all internet usage! With more scrolling we are able to give the user a lot of information, without having to squeeze it into such a small space. This type of design also allows us to extend the City’s brand in a way that is unmatched in the industry!
Colleen Roberts – PIO – 252.639.2707 – [email protected]

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Tipton County, Tennessee
www.tiptonco.com
Details:

Tipton County is located on the Mississippi River north of Memphis and is one of the fastest growing counties in the state. Because of this fact, the website needed to refocus its attention. In addition to resident services, this website has a focus on economic development. To achieve this, we started off by integrating a drone video.

That video instantly showcases the growth in industry that Tipton is experiencing. As you scroll down the website, this business-friendly atmosphere is intertwined with resident engagement features. Each department has their own icon that is used to identify them uniquely. The interior pages have distinctive features that make them stand out as if they were stand-alone websites. With its service for residents and appeal to the business community, this is a next generation of government websites.

Shawn Anderson, GISP Director - 901.476.0234 – [email protected]

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City of Des Moines, Iowa
www.dsm.city
Details:

The City of Des Moines, Iowa came to Revize for a website that was completely different. Coming from an internally developed site, they wanted to work with a vendor that could lead them to a new way of interacting with their users. Page layouts were created to allow unique interaction with the City. This included board listings, Q&As, interactive park directories, plain language, and a resident focused navigation. We also incorporated some of their internal databases and features that had been built internally. This site improves the online experience for residents, business owners, and visitors!
Deb Maier – IT Business Analyst – 515.283.4796 – [email protected]

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The City of St. Petersburg, Florida
www.stpete.org

Details:

As Florida’s 5th largest, St. Petersburg is an iconic City with something to offer everyone, including a highly ADA compliant website. Because St. Pete is a longtime Revize client, their team worked very closely with ours and actually provided their own design concepts. We did the integration/pre-launch work and their staff was with us every step of the way. Inner pages are flexible to allow departments to have dedicated pages with a cohesive feel across all pages. Social media feeds from Instagram, Flickr, Facebook, Twitter, and YouTube all on the homepage! St.

Petersburg also users the Revize API to develop their own templates. This website is an elite representation of the power and beauty of the Revize process.

Nina Mahmoudi – Creative Services Manager – 727.893.7466 – [email protected]

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The City of Troy, Michigan
www.troymi.gov

Details:

The City of Troy wanted a website to increase ease of communication to all of their audiences. In addition, the city has been experiencing an economic resurgence particularly in the technology sector. In fact, Revize headquarters are in the City of Troy! This project included custom designs for The City, Library, and Recreation Department. Integration with the City’s existing 3rd party software was a major linchpin of this project. Included is a live-searchable “How Do I” section that narrows down results as the user is typing. This allows any user to easily find what they are looking for regardless of which department it exists under.

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Government Account References

Craig Kelly, Public Information Officer
Office: (972) 516-6016
Email: [email protected]
Website: www.ci.wylie.tx.us

Joshua Linn, Website Administrator
Office: (360) 570-3782
Email: [email protected]
Website: www.olympiawa.gov

Michael Bruckner, Assistant to the City Manager
Office: (626) 574-5433
Email: [email protected]
Website: www.arcadiaca.gov

Shawn Anderson, GISP Director
Phone: (901) 476-0234
Email: [email protected]
Website: www.tiptonco.com

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Revize Organization Chart

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Why Choose Revize?

We Have Government Specific Experience and Outstanding Client Testimonials You can rely on Revize and our 20 years of experience building and maintaining websites for municipal, county and government agencies of all sizes throughout North America, to deliver a customized site design that improves layout, navigation, usability and content. Using Revize ensures that your website will be reliable, W3C and ADA compliant, and allow for easy integration with existing or future web applications and third-party software. But there’s no need to take our word for it -- we encourage you to peruse our massive file of testimonials from our many satisfied clients.

We Will Build a Government Communication Center that Works for Your Community!
The Revize website design, Government CMS and interactive tool sets have been developed exclusively for our government clients to help them effectively communicate with their key target audiences such as residents, businesses and visitors. Some of our most popular website and Government applications and modules include: a new and improved Online Calendar, the comprehensive Forms Center, our News Center with real-time social media connectivity, Emergency Alerts, E-Notifications, Citizen Request Tracker, Parks & Shelter Reservations System, Document Center, and Online Payment Portal.

“We Build Superior Technology
into Every Website with CMS
Performance & Reliability That’s
Second to None.”

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What sets Revize apart from other companies? Revize’s superior technical architecture, unsurpassed staff expertise and highly effective publishing engine provide our government clients with the most reliable website solutions in the industry today. By ensuring our client’s data security and providing redundant server architecture and back-up data centers, Revize has a nearly 100% up-time rate. Plus, our clients never have to worry about data loss or data corruption because of our instantaneous back-up process and our data center’s tape back-up processes. Revize believes that investing a higher percentage of our profits into our technology and security makes us the best choice for the short and long term for governments seeking the best value for their community’s website.

“We Always Provide Knowledgeable,
Friendly and Responsive Service!”

All this, and a reliable IT partner too! Our website development is superior, and our Government CMS and suite of online apps is easy to learn and administer, but our 24/7 technical support will also be there for you to help you get over the hurdles! Our technical support team is widely considered to be among the industry’s best. We also provide a sophisticated backup infrastructure which allows us to guarantee

99.99 percent uptime. Plus regular updates and improvements to ensure that your site will remain current with industry standards and keep running smoothly for years to come. The Client Owns the CMS License and the Code!

We often hear the question: “What happens if we want to move the website to another vendor? Do we lose all access or any of our website data?” The answer is 100% NO! As our client, you own the template source code, the CMS, and any data that you put onto the website. We understand that clients may come and they go, but we always make sure they know they are just as important to us at the end of our tenure as they were at the beginning. If you decide to run the CMS in your own server, we can transfer the CMS license and software to your server as you own the license and you can run it from your server as long as you want.

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• Modern, timeless and unique website design integrated with online Government apps
• On-time delivery
• Competitive pricing
• Responsible stewardship of the organization’s stakeholders • Full functionality to update and manage your website
• All the tools/apps needed to increase communications with citizens • An easy CMS to train employees quickly
• Extended phone and email support
• Unlimited Upgrades: Revize provides unlimited upgrades to new and existing modules at no additional cost to you. Once you invest in Revize, you will receive free upgrades and feature enhancements for life.

“The Revize responsive website design is second to
none for us providing an excellent experience for the
growing number of residents, visitors and businesses
accessing WylieTexas.gov on mobile devices. Our
website’s
progressive look captures the vibrant culture
of our community.

— Craig Kelly, Public Information Officer, City of
Wylie, TX

Did you know?
Revize CMS is one of the most advanced
CMS in the government web design
industry with over 15 years of
development.

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Awards & Accolades

“The project was a collaboration between Revize, who
understood our vision and had the technical expertise to make it happen”

- MaryLee Woods, Deputy Chief Information Officer for the City

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Section 4: Project Approach and Scope of Work

Website and Intranet Design and Development
What makes Revize unique in its project approach and experience is our thorough preparation for each individual community combined with the range of website deployments and creative, customized fit we implement for each client. From small to large, rural to urban, the Revize project management process guarantees a perfect fit between the concept of the deployment and the expectations of the client’s level of engagement preferences.

We don’t use a “one size fits all” approach because
it doesn’t make sense.

However we do use a standard, proven effective process methodology. Each client is unique and we tailor our process to fit their unique needs. For as long as you are our client you will have staff dedicated to your account and access to an on-line portal for communication, design process and on-going support.

Dedicated Accounts Manager: Your dedicated Account Manager will handle all issues related to your contract, pricing, future product add-ons, and general account satisfaction. During the initial kick-off meeting, your Account Manager will introduce you to the team, explain roles and responsibilities, and place you in the very capable hands of your Dedicated Project Manager and Designer.

Dedicated Project Manager: Your dedicated Project Manager will handle all issues related to the website design, development, navigation, content, training, timelines and deliverables, as well as ensuring that feedback and communication occurs promptly in order to keep the project on-track. Also, the dedicated project manager will be the point of contact for any future technical support or issues that need to be addressed during the deployment and post deployment of the site.

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24/7/365 Project Portal Access: From day one, your project and on-going support is tracked in the Revize On-line Project Portal. The main point of contact you select for the project will receive an invitation to register, including setting up a secure user name and password. The Project Portal serves as a communication tool for any matter pertaining to your website design, development and on-going support even after your website is launched.

“We guarantee the best support in the industry
that’s 24/7 365 by the trained developers &
technicians”
Did you know?
Revize will provide a project portal that allows you to check in on the status of your project at any time!

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Revize Project Life Cycle

Phase 1: Initial Meeting, Communication Strategy, SOW
Your Revize Account Manager will set up the initial internal project planning meeting where we will talk about the overall management of your project, establish a timeline, and devise a Revize-Client Communication Strategy that will keep everyone engaged and up-to-date on the progress of the project. We will also discuss specific technical requirements of the project and determine the phases through which those requirements will be addressed. In addition, Revize will address the content strategy of the new site, any new content that needs to be written and how to fit the existing content into the new site, Additionally, as an optional item, Revize will discuss the process of conducting online surveys to gather feedback from your constituents for the new website layout and requirements. After this meeting, Revize will develop a Statement of Work and provide it to the client for review and approval.

Prior to the design kick-off meeting, you will receive our questionnaire to complete with various answers that will help our designers gather information regarding your needs and preferences. Our team will also brainstorm ideas and suggestions with you during the meeting.

The questionnaire addresses various issues such as:
• As a result of a new website design and navigation, what are the main improvements you hope to achieve?
• What are some key points and areas you may want featured on the Home Page? • Do you need help with logo design? Image? Marketing & branding? • What key modules do you want featured in your web site, like Document Center, Report a Request, News & Events, Events Calendar etc.
• Do you need social media features need to be highlighted in the new site? etc..

Phase 2: Discovery & Design
If there is client approval, we will collect feedback from the residents on the new design layout by setting up an online survey with a set of standard questions. The survey questions need to be approved by the client prior to our adding a link from your current website. This link can also be distributed through other channels like email, newsletter or any other form of communications you might be using to stay in touch with your residents. Usually there is a 1- to 2-week survey period.

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Once survey results have been tabulated and your needs have been determined, you and your Revize team will participate in a Design Kick-Off Meeting. A senior designer and team will conduct an in-depth interview, and brainstorm ideas with you about your vision for the look and feel of your custom website. Our efforts on this project will extend far beyond placement of provided information within a stunning design.

It’s about uncovering how your audience wants to be informed, and applying our 20+ years of web design and development expertise to create the most effective ways of displaying that information and getting users to access and use your website. We always strive for nothing less than an award winning design!

Revize Design Principles
The Revize Web Application Developers are not only responsible for the look, functionality, and performance of your website. They are also responsible for the security of the web content and web-based applications they create. They ensure that the code supports secure authentication and authorization, and provides access control mechanisms as required.

Good design principles are always based on readability, taking into consideration appropriate font type and size for headlines and text area, as well as line height – ensuring all page elements are balanced. Our designers also pay meticulous attention to their use of shadows and gradients. To the layman’s eye there may not appear to be a shadow, however on the website the font will appear sharper (or maybe softer depending on the amount of shadow used).

Of course color cannot be overlooked. Our designers first take the client’s preferences, official logo colors, and pictures into consideration to create a color scheme consisting of no more than three colors. We then use variants and hues to create visual appeal, contrast, eye-catching allure and invoke the overall feeling that the client desires.

Last but not least is effective use of page elements such as call to action buttons, social sharing icons, email newsletter sign-up, and promotion areas. The ultimate goal is to provide an easy to navigate webpage that is informative without being overwhelming. Therefore, it is the designer’s job to guide the client in making appropriate placement choices for needed items.

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Revize Design Trends
There are some exciting new design trends, and Revize is always on the cutting edge, implementing the best of these innovations in our websites. We are especially pleased at how effectively they are proving to be in increasing engagement in government websites.

#1 Responsive Web Design – The most important development in website design in years, Responsive Web Design (RWD) automatically conforms and optimizes websites for any screen size. With the substantial increase in smartphone and tablet users today, people are going online using a vast number of devices with wildly different screen sizes. Our websites offer this very important feature of easily and cleanly conforming to computer, tablet and mobile device screens.

#2 Liquified Content – This is another important trend that address the fact that information is no longer static or concrete. Instead, content is specifically customized for each unique user. Liquidity of content enhances the immediacy and flexibility of content. The more liquid your community’s content, the easier it is for residents and businesses to access this information in ways and via the channels of their choice:
fixed or mobile, interactive and live. Revize is able to effectively make your content liquid. This will make it adaptable to various situations and, therefore, easy to reuse in different contexts distributed for a variety of display formats and communication channels.

#3 Image Tiles – This is a trend that enables developers to display content in a pin board style of display. Revize now offers this feature, which creates a very visually appealing display of content, such as pictures or social streams. Image tiles also help promote engagement by encouraging site visitors to comment or reply to items from directly within the image tile. This is an especially useful option for web pages promoting tourism.

#4 Parallax Scrolling – This is a highly advanced, innovative design technique for sophisticated websites. Parallax Scrolling allows Revize to build websites in multiple layers, with content that moves across the screen at different speeds as visitors scroll. This unique design technique is very visually engaging and can help improve time-on-site metrics.

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#5 Innovative Typography – This plays a very important role in website design, image and branding, and is especially important for maximizing the look and feel of the website when accessing it from mobile devices. Our designers are experts in effective typography and take many factors into consideration when selecting the type of fonts, font sizes, and colors to be used for a website.

#6 Social Feeds – With the proven ability to strengthen and deepen interpersonal connections, social networks present a wonderful opportunity for government organizations to increase community engagement and make governments more accessible to the people they serve. One method already mentioned for improving social activity is using pin boards; another is creating a social area or social wall that combines activity from multiple social networks, like Facebook, LinkedIn, YouTube and Pinterest. Revize offers a comprehensive line of popular social media applications and networking.

“Over the past 20 years, Revize
has mastered the art of designing
government websites.”

Key Phase Objectives & Deliverables:

The following steps are followed while designing new sites • Establish Needs and Creative Direction: Understand your objectives and requirements, and provide recommendations for effective online branding pertinent to your requirements, existing branding and your web audience’s needs. The Revize designer will also conduct his own research in order to capture the character and “feel” of your area, which will inspire ideas for the overall

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design direction of the website.

• Main Menu Navigation & Home Page Wireframes: Work with you to establish a main-level navigational architecture and identify key items accessible from your home page. This establishes a baseline for the navigational structure, as well as the preferred content structure (wireframe*) for the home page.

• Page Layout and module placement: We will follow all the best practices to layout the different features and modules so that they can be easily accessed by your residents. For example, on the home page there will be sliding picture gallery and quick link buttons for Notify Me, Report a Concern, Document Center, FAQs etc. Also the news and announcements module and events calendar would be integrated into the website, along with the Social Media Center.

Did you know?
Revize will provide a 100% from scratch design with a satisfaction guarantee!

Please Note: The home page “wireframe” will simply serve as a realistic guideline in terms of content placement, but will not include the final text nor final imagery for this phase. Please see a sample wireframe to concept development snapshot in the next page.

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• Design Deliverable: The design
concepts for this phase will be
based on one or possibly two home
page layouts. The client will review
and provide design feedback to
the designer for changes. Revize
asks that clients have no more
than three iterations of changes
up to the point that the final
concept is approved.

• Final Home Page Sign Off:

When all changes have been
made, Revize will present your
final home page design and
layout for approval. Customer
approval is required to proceed
to the next phase, the inner
pages of the website, and the
process repeats itself before the
actual HTML & CSS is written.

• Final Inner Page Sign Off: When
all changes have been made,
Revize will present your final inner
page designs and layouts for
approval. Customer approval is
required to proceed to the next
phase, when the actual HTML &
CSS is written.

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Phase 3: Template Development, CMS Integration
First, the Revize development team will transform the approved designs from mere pictures into fully-functioning HTML/CSS and Revize Smart Tag enabled web page templates using the Revize Dreamweaver Extension. The Revize Smart Tags are fully customizable and allow customers to expand functionality as needed. To maximize this extensibility, the full Revize Java API is provided to clients with our Advanced Training Program.

Phase 4: CMS Modules Setup
In this phase, all of the features and modules the client has requested will be set up, e.g. calendar, document center, picture galleries, alert center, e-Notify, etc. are all brought to life and made functional while also being tested in the Revize CMS. Revize enhances current modules and adds new modules continuously, and you will receive all future updates to modules at no additional cost.

Phase 5: Custom Functionality Development & QA Testing
In this phase and according to your specifications, custom functionality of existing CMS modules, database scripting and programming, as well as any custom application development will be executed. The Revize development team will be interfacing directly with your technical staff to obtain information and test information exchange and application functionality.

This phase may overlap phases 2 – 4.

In our testing phase, we ensure that your website meets functionality, performance and security standards. Our QA team uses mock data to test navigation and interfaces of the templates, along with any custom developed applications or modules. Additionally, through a series of tests, we perform input validation to ensure that security mechanisms cannot be bypassed if anybody tampers with data he or she sends to the application, including HTTP requests, headers, query strings, cookies, and form fields. We also ensure that when errors do occur, they are processed in a secure manner to reduce or eliminate exposure of sensitive implementation information.

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Phase 6: Content Development / Content Migration
Revize will develop all of the pages for your site to make the initial content available upon site deployment. Our content development and migration experts use the latest standard formatting practices to develop the navigation and create the most effective content possible for your website. This includes spelling and style corrections into the new website.

There are no limits to the number of pages you can
create after you have gone through training.

Revize will implement an effective website architecture with the latest technology and usability trends so your website visitors can find information in an instant. We will also assess your current website content and incorporate what you currently have with additional content to maximize interest and excitement for your readers.

Our content experts are educated in proper writing and terminology, and will use correct grammar, spelling and punctuation.

Our web designers use creative typography which makes the website more visually appealing and also plays a role in defining the hierarchy of content to be placed on the web page. Variations in size and color are used, as well as strategic placement on the page to highlight certain site areas so the visitors can easily navigate the site.

Effective typography also ensures that your website will look good on desktop, laptop, mobile and tablet devices.

Phase 7: Training Your Staff (in-person or web based training) Once your website is ready for you to begin editing, you will be able to easily revise your content as often as needed. Revize will train you on how to operate the Administrative and Content Editor functions so you can manage your website. We typically provide this training on-site; however, we can also provide on-line training for your staff if you prefer. For your convenience, training materials can be downloaded from the Revize website. After training, our friendly and responsive support staff is always here to answer questions and provide training refreshers as needed.

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Standard Training Agendas
Basic Administrator Training (How to)
• Sign-in
• Create users
• Assign roles
• Set page level permissions
• Set section level permissions
• Configure and set up workflow approval process

Content Editor Training (How to)
• Sign-in
• Edit page content
• Copy/paste content or add new
• Create a file link
• Create a link to another web page or external web site • Create a new page and link to it
• Insert/update a picture
• Insert/update a table
• Spell check
• Save and Save as Draft
• History of the page content (content archive)
• Create a survey form or any other type of online web form • Create navigation pages (top/left menus)
• Create new calendar and create/edit calendar events
• Edit metadata

Advanced Administrator Training (How to)
• Run back-end reports
• Run Google Analytics reports

Training on use of specific Modules included, such as
• Emergency Notification Center
• Public Service Request App
• Web Calendar
• E-Notify
• Quick Links
• Document Center
• Form Center
• News Center

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• Frequently Asked Questions
• Request Center
• Bid Posting Center
• Job Posting Application
• RSS
• And more….

Revize Maintenance Covers
• 4 CMS upgrades per year
• Software and modules upgrades (Automatic Install)
• Server Hardware & OS upgrades
• Immediate bug fixes/patches
• Round the clock server monitoring
• Data Center network upgrades
• Security and antivirus software upgrades
• Firewall and router upgrades
• Bandwidth and network infrastructure upgrades
• Remote backup of all website assets
• Tape backup of all website assets
• Quarterly newsletters on major feature updates
• Regular Webinars on CMS features and usage

Did you know?
Revize has launched hundreds of municipal and county websites large and small!

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Phase 8: Final Phase: You Go Live!
At last, your website content is complete and your staff is sufficiently trained! The final phase in the process is to redirect your website domain name from your old site to your beautiful new one. Once this is completed, Revize will closely monitor the transfer for the first 24 hours to ensure that everything is working properly. Any issues that arise will be immediately resolved.

Marketing & Ongoing Consultation
Revize seizes on every effort to make our clients’ sites highly visible. We draft press releases for posting on our website and for distribution locally, and will continuously monitor your site after it goes live so that you can take advantage of all marketing opportunities. We also look to submit your site for different awards and recognition competitions to further maximize your site’s exposure.

Search Engine Registration and Marketing
Revize will input all the targeted keywords to make your web pages search engine friendly, thus enabling users to find targeted information when they do a Google, Yahoo or any other search on your site.

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Hosting Services

Resilient Hosting:

Revize uses Amazon Web Services (AWS) Hosting Infrastructure that is offered in multiple Regions in the United States and around the World. Each Region is a separate geographic area completely isolated one from another. AWS Regions are connected to multiple Internet Service Providers (ISPs) and to a private global network backbone to offer lower cost and more consistent cross-region network latency when compared with the public internet

A region has multiple, isolated locations known as Availability Zones (AZ).

Availability Zones are inter-connected through low-latency links. A Virtual Private Center (VPC) spans across multiple availability zones.

Revize Web Sites are hosted on a Virtual Machine running Windows Server operating system with Internet Information Service (IIS) as a Web Server. Virtual Machine is an

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EC2 instance in AWS terms is hosted inside a VPC in an availability zone of a pre- selected region. A number of EC2 are provisioned in multiple locations across the United States inside a Virtual Private Center isolated from the Internet and the rest of Amazon Web Services infrastructure to offer faster access to the end-users and to minimize the impact of an outage, whether of a specific EC2 instance, an availability zone or an entire AWS region.

Disaster Recovery:

Windows Web Server virtual disk or EC2 Elastic Block Storage (EBS) is backed up on evry night at 10 PM EST. Additionally, the snapshots or virtual disk backups are subsequently automatically copied between regions to enable cross-region recovery capabilities.

Should a Web Site hosted by Revize and monitored in automated fashion become unavailable, another EC2 instance can be restarted. When that proves insufficient EC2 instance will be reprovisioned in the same availability zone, a different availability zone, or, in a different region using the latest snapshot in the matter of a couple of minutes.

The incoming request, from the Internet traffic, is bound to a static IP address or Elastic IP in AWS terms that leverages NAT to forward traffic to a running EC2 instance private IP address. In the case of an EC2 instance re-provisioned in the same region, whether in the same or a different availability zone, Elastic IP is re-assigned to the new EC2 instance.

Elastic IP is represented to the public internet using CName or A-Host domain name services entry. In case of an EC2 instance or an availability zone failure, no adjustment to domain name service is required. In the case of a regional, wide-spread AWS outage, an EC2 instance is reprovisioned in a different region, re-using the latest snapshot preserving the content as of the last automated backup. However, an Elastic IP is specific to the region and, therefore a change to CName or A-Host configuration is required to point to the disaster recovery regional Elastic IP.

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Revize Disaster Recovery Infrastructure Diagram. AZ stands for Availability Zones

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Security

Revize takes website security very seriously and we provide our clients with the very best website protection protocols. Our data centers are located on secure premises equipped with card-reader access, security cameras and guards on duty 24/7 to ensure the physical protection from unauthorized entry.

Revize/AWS complies with SOC 1/ISAE 3402, SOC 2, SOC 3, FISMA, DIACAP, and FedRAMP, PCI DSS Level 1, ISO 9001, ISO 27001, ISO 27017, ISO 27018 and other programs. Revize is responsible for securing the content, access to the content on the web server, to snapshots, configurations and infrastructure as a whole.

Our web and network administrators monitor network activity 24-hours-a-day to ensure system integrity and protection against threats such as Denial of Service (DoS) attacks that could corrupt your website or block user access. Maintaining the secure configuration of our web servers is managed through application of appropriate patches and upgrades, security testing, vulnerability scans, monitoring of logs, and backups of data and OS.

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Security Controls, SSL, and Active Directory (LDAP)
• Anti-malware software such as antivirus software, anti-spyware software, and rootkit detectors
• Shield Plus Security Bundle to prevent DDoS attacks
• Intrusion detection and prevention software (such as file integrity checking software)
• Host-based firewalls to protect CMS servers from unauthorized access • Patch management software
• Security and Authentication Gateways
• Content filters, which can monitor traffic to and from the web server for potentially sensitive or inappropriate data and take action as necessary • HTTPS (Hypertext Transfer Protocol over SSL), which provides encryption and decryption for user page requests that require more secure online transactions • SSL (Secure Socket Layer) provides an encrypted end-to-end data path between a client and a server regardless of platform or OS • If you have an existing SSL Certificate we can transfer it to the new website.

Otherwise, if included, we will install a new SSL Certificate upon go live. • Active Directory (LDAP) is compatable with the Revize CMS. It can be set up in a variety of configurations. As part of the process we will work with you to determine which configuration will best meet your needs.

Application Security Authentication
• Role-Based Security: Role-based authentication to add individual user accounts and assign them system roles like Editor, Developer, Administrator, Workflow Approvers, etc., or department roles and empower the department to assign specific roles to users.
• Permission-Based Security: Ability to set up Content Owners/Editors and restrict which site pages they are authorized to update ▪ Global & Department Workflow Management:

Create workflow management and approval
processes where authorized department
personnel become approvers

Did you know?
Revize will host your website and CMS in
at least two completely separate
geographic locations!

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Content Management System
The Revize Content Management System is a full featured CMS built and maintained by Revize. We are constantly innovating the CMS with new features and updates to follow the latest trends and needs of our government clients. The CMS allows non- technical editors a full suite of tools that are easy to use/update.

Revize Government CMS User Interface

1. Revize CMS User Interface Home Page

2. Users simply browse to a page that they want to edit, select the Login button, and then insert their Login Name and Password into a login screen as shown below.

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3. Edit buttons appear on the page after the Login executes. Based on users roles/permissions, the appropriate buttons are displayed.

4. The input form appears as shown below. Content Editors can change banner, page heading and the content displayed in the center of the page. Notice the content is changed using a “Word Like” editor.

After the page is “saved”, the page can be sent to an approver for review or immediately published to the web site.

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Ongoing Support and Maintenance
Maximum Response Times
• 1 hour for crisis issues
• 4-6 hours for critical issues
• 24 hours for normal issues

Revize Support
• 8 a.m. – 8 p.m. EST Phone Support (Monday thru Friday) • 24X7X365 Portal & Email Support
• Dedicated support staff to provide assistance and answer all questions • New and existing user training
• Training refreshers
• Video tutorials and online training manual
• Automatic integration of enhancements
• E-Newsletter module support
• Automatic upgrades of CMS Modules such as Calendar, Document Center, etc…

Software Maintenance
Revize rolls out two new versions of the Revize CMS, and six to eight product updates every year. The Revize CMS is continuously enhanced to keep pace with cutting edge technologies and industry trends. When a software update or new version is rolled out, Revize will automatically update all servers used by our subscription service clients.

“As a Revize client, you will receive full
access to all enhancements to the
core components and modules
in the Revize CMS at no
additional charge.”

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Revize Website Analytics

Revize has Custom APIs for Google Web Analytics that is integrated in each of our client’s websites. Analytics makes it easy to understand how your site and app users are engaging with your content, so you know what’s working and what’s not. Revize CMS dashboard for Analytics provides an overall picture of how residents are interacting with your site, which pages/documents are being viewed most, how much traffic you are getting in your site across different geographic regions etc. You can filter and download all sorts of analytics reports for your IT Team and Management to analyze the data and effectiveness of your website content and services offered. Below is a graphical view of our analytics dashboard interface, the data shown is for our own website but this will be replaced by your site data when it’s integrated.

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Revize Technology Architecture

The Revize Government CMS is a standards-based, open architecture software product without any proprietary restrictions. Revize uses leading technologies to avoid integration problems with existing systems and comes complete with its own Integrated Publishing Engine, Embedded Relational DB, JSP/Servlet Engine, and Application Server.

Revize Intelligent Publishing WCM

“Security, Performance,
Redundancy”

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Customer Service

Customer service is a top priority here at Revize. In our contract, we will include a service level agreement. That agreement details our commitment to serving you as best as possible. It also includes provisions for your staff to contact us with any concerns. In addition to a full warranty, we provide unlimited retraining, status update meetings, website reviews, and (if necessary) refunds if we fail to meet our satisfaction guarantee.

• 8 AM – 8PM EST Phone Support (Monday thru Friday)
• 24X7X365 Portal and Email Support
• Staff provides assistance and answers all questions
• Dedicated support staff
• New/existing user training
• Free Training Refreshers
• Video tutorials and online training manual
• Automatic integration of enhancements
• E-Newsletter Module support
• Automatic upgrade of CMS modules, such as Calendar,
Document Center, etc.
• Four major CMS upgrades per year
• Software and modules upgrades (automatic install)
• Server hardware and OS upgrades
• Immediate bug fixes/patches
• Round the clock server monitoring
• Data Center Network upgrades
• Security and antivirus software upgrades
• Firewall and router upgrades
• Bandwidth and network infrastructure upgrades
• Remote backup of all website assets
• Periodic Newsletters on major feature updates
• Regular webinars on CMS features and usage

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Subcontracting

Revize does not intend to use subcontractors to complete this project.

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Section 5: Project Timeline, Team, and Deliverables
Timeline
Phase Duration

Did you know?
The project planning process is designed
to fit your needs. We will adapt our
timeline if your schedule requires.

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Team

Revize understands the importance of having a talented and experienced staff. We are proud of our well-respected team of top notch experts in the field of government website design, development, analysis, content management, training and support.

From the first creative concepts through to the design phases, and from site launch to training of personnel and continued support of your website project, we have the right group of seasoned professionals to work with you through the website process and beyond. We are pleased to introduce them:

Thomas Jean

As a project manager, Thomas has managed many award-winning website projects for our clients, including Des Moines, IA – Arcadia, CA – Largo, FL - Oswego County, NY – Kentwood, MI! Thomas has brought to Revize a very special skill set. Not only does he manage some of our highest priority projects, he is also a genuine subject matter expert when it comes to the inner workings of government. As an elected Township Trustee in a Michigan Township, he knows the advantages that come with modernizing the way government does business. With his unique background and education from one of the nation’s top universities, Thomas has managed nearly Thomas is uniquely experienced to give an honest and accurate assessment of your community’s website needs.

• Philosophy: Learn as much as possible about our clients and use that knowledge to help build an amazing website.
• Education: BA degree in Political Science from University of Michigan; • Expertise: Government procedure, special projects, public affairs, community development.
• Role on your website project: Project Manager

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Joseph J Nagrant
Joseph is an accomplished professional internet and website design consultant with more than 20 years of successful business development and account management leadership experience. He has worked with well over 400 townships, cities, counties, educational institutions, companies, and non-profit organizations. He’s a foremost expert in translating technical solutions into compelling living websites and other online community building opportunities. Additionally, he is a board member for Mott Community College (Flint, MI) MTEC Center, IT Advisory Council, Education Advisory Group. He also participates in many government discussions regarding the Internet for government use, including being a frequent guest on WDET (NPR) public radio and in The Detroit News. He has an excellent reputation for building and sustaining effective, long lasting client relationships.
• Philosophy: “Put yourself in the client’s shoes and do what is best for them.” • Education: BS in Electrical Engineering, Lawrence Tech University, MS in Business, Central Michigan University.
• Expertise: 29+ years of project, sales and marketing experience with government, education, corporate, and non-profit organizations.
• Role on your website project: Supervisor of account management between client and project team.

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Ray Akshaya
Ray has 20+ years of extensive technical experience with internet and website solutions. He has worked on hundreds of government, non-profit and educational websites and has a keen eye for web visitor requirements, information architecture, and usability. He is also a long-time veteran of Revize Software Systems and our clients enjoy working with him. In his career, he has deployed and/or assisted with technical solutions for more than 500 websites. When working on a project, Ray always visualizes himself in the client’s chair at the closing stages of the project and makes sure that all decisions made on a project are in alignment with the client’s vision and best practices for developing the system.
• Philosophy: “Work Hard, Help People and Live Honest." • Education: MS in Engineering Science, Louisiana State University, Baton Rouge • Expertise: Client Management, Project Management, Technology Development for CMS & Web Apps
• Role on your website project: Technical Director

Samir Alley
Samir has more than a decade of experience in managing web site design projects.

He has deployed 360+ municipal websites and has a solid background in web design and the latest web technologies. Formerly with Google, Samir is a leader equipped to handle any kind of sophisticated web project. He is an exceptional communicator with an innate listening skill that gives him the ability to understand and deploy a client’s unspoken needs. Samir’s blend of creativity, proficiency, and technical knowledge is unsurpassed in the industry.
• Philosophy: “Empathy, Focus, and… Impute”
• Expertise: Web Project Management - Adobe Design Premium CS5.5: Photoshop, Illustrator, InDesign, Flash, DreamWeaver, Fireworks, HTML, CSS, CSS3, SEO, PHP, JavaScript, MySQL, JQuery and HTML5.
• Role on your website project: Graphic design of website and backup support.

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Denise Brazier

Denise is an educator by nature. Her 20 years of experience in the public school system has made her a master of engaging participants during training. She effortlessly builds effective relationships with all clients. Denise has served as Advisory Counselor, Coordinator, Publicity Director, and Project Manager for several organizations in the education, non-profit and public sectors. She has been appointed to the state’s quality committee evaluating organizational policies and procedures for recognition.

• Philosophy: “Always explain things in the terms of your audience to ensure their understanding”
• Education & Training: MS in the Art of Education from Marygrove College.

Certification in Secondary Education
• Expertise: Training, education, teaching, public affairs and project management. • Role on your website project: Trainer for the Content Management toolset and project manager

Did you know?
Revize will put together a project team based on the unique needs of your project!

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Deliverables

Revize:
• Revize will conduct an in-person or virtual kickoff meeting with the client. (Sample schedule to be provided by Revize.) .
• Sample sitemap provided by Revize and site mapping process overview • After meeting, Revize will provide a detailed project plan that assesses key findings and details. • Revize will facilitate a follow-up meeting to review project plan and custom functionality needs via web/phone conference

Client:
• Before kickoff meeting client is required to register in Revize project portal, complete design questionnaire, upload at least 20 preliminary photos, and provide Revize with a kickoff meeting schedule.
• Client representative will be asked to participate in a follow-up meeting to review the project plan

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Revize:
• Within (5) five weeks of the kick-off meeting Revize will provide (1) one custom homepage mockup and up to (3) three basic interior page mockups. • Revize will provide a unique intranet mockup.
• As deemed appropriate by Revize, additional wireframes may be delivered to provide a view of custom functionality or other areas of the site that are of particular importance. (Intended to focus development efforts later in the project.)
• Revize will provide revisions to each mockup based on the feedback received from the client. • There will be no limit to the amount of revisions Revize will provide to each mockup. • Web/phone meetings may be necessary between each round of mockups/wireframes

Client:
• Within (10) ten business days of acceptance of the first mockup, the client shall provide design feedback/change requests to Revize through the customer portal in a single list. Feedback should be what the client website committee agrees to together. Any lists that have requests that compete with one another may result in delays.
• Revize will return an updated mockup based on that feedback to the client. Delivery time is dependent upon amount and specifics of feedback. Large lists of feedback may take longer.

Depending on the number of rounds, this process can cause delays to the timeline. • When the client considers the mockups final, they will indicate their approval in the Revize project portal
• Based on previous sitemap process overview, Client will decide whether they would like to create a sitemap or whether they would like Revize to create the sitemap. The sitemap should be provided in an excel or word format. Existing pages that client wants to be rebuilt in the new site should be linked with the correct URL and any notes for functionality of the new page. New pages should include a page name and brief description of the page functionality (e.g., freeform page style, staff directory, document center, etc.)

(Next steps cannot begin until main client homepage mockup is approved.)

Phase 3 begins on next page

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Revize:

• Mockups will be developed into HTML pages making them clickable and resizable. • Following HTML Development, Revize will add in the Revize Content Management System which makes the website easily editable.
• Integration of any 3rd party software will begin during this phase

Client:

• There are zero major tasks assigned to the client at this stage of the project. But, this is an ideal point of the project to be working on a final sitemap and begin writing any new content. Content can be written in MS-Word and provided to Revize. Or, added by the client directly into the beta website after phase 7.

Revize:

• Revize will review all developed assets for functionality. The development team will review functionality, style sheet, and formatting checking for errors and verifying that site matches approved design mockups.
• Any custom needs identified earlier in the project will be executed during this phase and tested for quality assurance.
• ADA programming and beta site review with the client

Client:

• Much like phase 4, phase 5 does not require much involvement by the client. However, Revize may request an online web meeting to discuss the progress of particular custom development. • The client may also be asked to review/approve changes that are suggested by Revize for accessibility reasons

Phase 7 begins on next page

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Revize:

• Revize will deliver a suggested sitemap, in Excel format, for the website prior to this phase (Unless the client has chosen to create their sitemap). Client and Revize will review and provide updated versions for approval. Pages will be built out one-by-one according to this previously approved sitemap architecture. Pages that are not linked in the sitemap will be created as blank pages.
• Migration includes up to all webpages, documents, and new content up to the relevant amount on the current website.

Client:
• To avoid delays, the client should plan to approve a sitemap before this phase.

• Any new content that the client would like Revize to add into the website should be provided either directly from the old website, or in an MS-Word like format. Otherwise, the client will have the ability to add new content before go live.

• After migration, the beta site will be provided with built out pages and content for review.

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Revize:

• Revize will conduct a review of the beta site followed by a core team training (smaller group). • After the beta site review, the client may request tweaks to the functionality of the website. • Revize will conduct a separate full staff training for all CMS editors virtually. • The training schedule will include editor training, and administrator training with a question and answer period.
• Results of the user experience testing will be provided to the client for review. • Any change requests will be reviewed by Revize for feasibility and scope conformance before they are completed.
• Revize will conduct meeting with client IT department before go live to discuss the process and establish pre-go-live checklist (e.g. SSL certificates, redirects, subdomains, etc.) • Retraining is available anytime after Go Live.

Client:
• Through the project portal, the client should provide a date and time to conduct beta site review and training.
• After training, the client will complete any final content polishing. This may include adding in different header photos, post migration content, or basic tweaks. • The client may also request functional tweaks to the site based on their review or results of UX testing
• The client should provide a list of pre-go-live questions to Revize for review and discussion. • When ready for the site to be pushed live, the client will make a request in the project portal at least 48 hours before desired go-live time. Revize will provide the go-live instructions before that time.

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Section 6: Service Agreement and Insurance Requirements

Revize has reviewed attachment 3 “Agreement for Products and/or Services” in full.

At this time we do not claim any redlined changes or major exceptions. Since Revize owned automobiles are unlikely to be used during the course of this project, our insurance provider may request a waiver of that requirement at the appropriate time.

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Section 7: Pricing
Grand Total First Year

$92,500

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Payment Options

The Revize Client First Plan offers local governments an alternative payment plan that makes it easier to purchase a new website on your budget and spreads the one- time project design and development costs over a longer period of time.

Through a minimum three-year contract, The Revize Client First Plan dramatically lowers the one-time project development and start-up costs of launching a new website. What Revize does is combine the one-time and recurring fees and spreading them over the life of the contract. And because we value our continuing relationships with our customers, those who extend their contract beyond the three- year minimum will receive a redesign at the end of their fourth year with Revize Free of Charge.
1/3rd of project costs + Annual Hosting, Support, Maintenance 1/3rd of project costs + Annual Hosting, Support, Maintenance 1/3rd of project costs + Annual Hosting, Support, Maintenance Annual Hosting, Support, Maintenance (Optional)
Includes Free Redesign
Revize provides a free website redesign during year four of service!

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Included Features

The Following Applications & Features will be integrated into Your Website:

In addition to the Government Content Management System that enables non- technical staff to easily and quickly create/update content in the new web site, Revize provides a suite of applications and features specifically designed for municipalities. All of those apps and features are fully described in the following section. The applications and features are grouped into five categories:

• Citizen’s Communication Center Apps
• Citizen’s Engagement Center Apps
• Staff Productivity Apps
• Site Administration and Security Features
• Mobile Device and Accessibility Features

Citizen’s Communication Center Apps
• Notification Center with Text/Email Alerts
• Bid Posting
• Document Center
• Email Notify
• FAQs
• Job Posting
• Multi-use Business Directory
• News Center with Facebook/Twitter Integration
• Online Forms
• Photo Gallery
• Quick Link Buttons
• Revize Web Calendar
• “Share This” Social Media Flyout App
• Sliding Feature Bar
• Language Translator

Citizen’s Engagement Center Apps
• Citizen Request Center with Captcha
• Public Service Request
• Online Interactive Forms (Public Records Request App) • Citizen Connect (Community Blog)
• Online Bill Pay
• RSS Feed

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Staff Productivity Apps
• Agenda Posting Center
• Job Posting App
• Image Manager
• iCal Integration
• Intranet
• Link Checker
• Menu Manager
• Online Form Builder
• Staff Directory
• Website Content Archiving
• Website Content Scheduling

Site Administration and Security Features
• Audit Trail
• Auto Site Map Generator
• History Log
• URL Redirect Setup
• Roles and Permission-based Security Mode
• Secure Site Gateway
• Unique Login/Password for each Content Editor
• Web Statistics and Analytics
• Workflows by Department

Mobile Device and Accessibility Features
• Font Size Adjustment
• Alt-Tags
• Responsive Website Design (RWD)

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Citizen’s Communication Center
Apps

DOCUMENT CENTER APP
Revize helps clients save thousands of dollars each year in employee time and resources with our Document Management Center. Using this module you can create and archive the documents your site
visitors need: applications,
brochures, manuals, policy and data
sheets, research papers, meeting
minutes, and more. By providing all
of your documents online, your site
visitors can access them 24/7 –
usually within two clicks -- and you
won’t incur any printing or postage
costs.

FAQ
FAQ’s make it easy for site visitors to find answers to common questions and will greatly decrease the number of calls
coming into your switchboard each
day. In fact, within six weeks of a
Revize website launch, our clients
typically experience a significant
decrease in the number of daily
phone calls… some by as much as
23%!

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E-NOTIFY
Many of our municipal clients include an email/text notification option on their Meeting Minutes and Meeting
Agendas pages so that interested
citizens can sign up for automatic
updates anytime there is a new
posting.

JOB POSTING
Revize’s job postings app allows your site visitors to view and apply for open positions online. Postings are removed automatically based on the job expiration date input by your HR personnel. You can provide as much detail as you like and link to or upload any number of files that
fully describe the job position. Best
of all, with the form fill interface, new
openings can be posted in minutes
by non-technical staff.

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INTERACTIVE MAP
Not only does the Revize CMS ensure that your site is easy for visitors to navigate, we’ve made it even easier for them navigate the real world surrounding your location. Specific buildings, parks, bike paths, mass transit stations, nearby businesses, tourist attractions,
parking lots, voter polling locations,
and more are incredibly easy to
identify with the familiar Google
Maps highlighted with Pins.

CALENDAR APP
The Master/Sub Calendar provides an easy-to-use tool to enhance usability and encourage the communication of events both internally and externally. It provides visibility and transparency into
activities, meetings, and events with
a visually appealing display and easy
to find event contact information.

The ability to insert recurring events
saves time by allowing you to create
the event once then repeat
automatically; great for Board and
City Council meetings.

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NOTIFICATION CENTER
You can’t fool or control Mother Nature. But you can protect members of your community from her wrath. Posting e
mergency notifications on your home page, any other page, or throughout your site, this module allows your content editor to accurately explain the situation and instruct members of your community on the next steps to take.

BID POSTING
The Bid Postings App provides a simple and easy-to-use method for organizing and presenting bids, RFPs and RFQs online for vendors or local contractors interested in providing products and services to your community.

BUSINESS DIRECTORY
Ideal for municipalities, chambers of commerce or any membership organization, this module allows you to easily create and maintain a searchable directory for either members or businesses within the website. Listings can be added, removed and categorized by non-technical staff in a simple table interface.

NEWS CENTER WITH FACEBOOK INTEGRATION
Many of our municipal clients include an email/text notification option on their Meeting Minutes and Meeting Agendas pages so that interested citizens can sign up for automatic updates anytime there is a new posting.

ONLINE FORMS
Using this module, you can create -- from scratch -- an unlimited number of online forms on any page of your site using various field options such as long answers, radio buttons, drop-down lists, multiple choice, etc. Having online web forms provides a quick and easy alternative for users to communicate with you and provide important feedback, opinions or complete tasks online. These forms can be used to have web visitors contact you with questions, comments and requests, give feedback, volunteer, or to sign-up for various events, activities or programs.

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QUICK LINKS
The Quick Links module allows site visitors to navigate to their areas of interest, much like FAQs. Examples for users: Where do I… Get Registered for Summer Camp Where do I… Get a Marriage License.

SHARING APP
Provides a one click drop down to multi-social media and utility buttons. A common widget used on the web, it is intuitive and easy to use.

SLIDING FEATURE BAR
This feature is a mainly for visual appeal. It helps to break up pages with an interesting slide bar that can be populated with any subjects or areas that you want to draw attention to.

For example, you may want to feature Parks & Rec, Landmarks and Tourist Attractions.

TRANSLATOR
Revize integrates the Google Translator into your website templates and translates from English to over 40 other
international languages. Provides users a large visual display at the top of the web page to choose any language to convert the text into.

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Citizen’s Engagement Center
Apps

PUBLIC SERVICE REQUEST APP
This app allows residents to submit requests based on a map view. Each time an issue is submitted, a staff member will receive an email notification. From there they are able to respond directly to the requests. Photo submission, automatic esclation, mobile app integration, and archived reporting make this one of our most powerful features!

CITIZEN REQUEST CENTER
This app allows customers, residents, participants, students, or any website visitor to post requests online. By the use of a drop down menu, individuals can forward the request, idea, or comment to the party of interest. That item is then forwarded via email to the proper recipient. You can add or delete department names as well as individuals in the drop down menu at any time. Captcha is integrated to ensure each request is genuine and not a spam.

PUBLIC RECORDS REQUEST TRACKER
This app allows public to order copies of the public records maintained by a municipality. The request is routed to the record custodian within a department and automated response is generated with a unique tracking number. The system allows the full tracking, correspondence and online handling of all types of public record request. The record request form is very flexible and customizable for every municipality.

CITIZEN CONNECT
This app helps open up the lines of communication between administrators and their constiuents, increasing transparency and contiuent interaction. It is a blog that features the option to allow constiuent comments for feedback (comments can be moderated before being published to the website).

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PARKS RESERVATION
This app allows the display of parks shelters and their amenities and to manage their availability to the public. A website visitor can search for facilities by type available, review the amenities for each facility and easily reserve the facility including the
option to pay for its use.

ONLINE BILL PAY
Allows clients to set-up secure on-line payment
processing for credit card transactions. Can
be used for utility and tax payments;
Purchasing items on-line; or making donations
to non-profit organizations.

RSS FEED
Site visitors will be eating out of the palm of your
hand with our RSS feeds module. Revize’s CMS allows
customers to generate RSS (Real Simple
Syndication) feeds for any genre of news or
events. RSS feeds are a trusted way to
communicate important information to site
visitors while ensuring that they remain
engaged with your organization and
regularly return to your site.

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Staff Productivity Apps

AGENDA POSTING CENTER
Using this app, you can upload agendas, meeting packets, meeting minutes, proposals for review, and more, all into one area on your website for easy access and review before, during, or after each meeting. Old meeting agendas and information are archived per meeting for quick access at any time.

JOB POSTING APP
This app allows you to post a job and receive resume submissions online. Candidates can fill in all the fields and submit the job application online. Once the job application is submitted, a link to the filled in application form will be emailed to the responsible HR person which they can view, print and file for their records.

IMAGE MANAGER
Allows approved staff to upload images from their computer or network folders. This very simple interface allows you to upload new pictures and stores uploaded pictures for reuse. Each department can create their own image folders and organize image libraries by department. Also, obsolete images can be deleted from the image library.

INTRANET
Provides a Dynamic CMS-enabled area with secure login to build out an entire Intranet for employee specific information only. It benefits your employees to have an internal organization landing page that can be updated with news, events, alerts and many of the same modules used on the extranet.

LINK CHECKER
When a new link is created, the Revize system checks if the URL (link) is valid or not.

If not, an error message will be displayed. This benefits the Content Editor by double checking bad links before they are saved on your website.

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MENU MANAGER
Allows approved content editors to add or edit site-wide top navigation, department or section specific links (e.g. left or right navigation). This feature gives you control to change and update the Navigation menus of your website for continuous improvement.

NEWS LETTER APP
The system allows non-technical staff to build attractive, informative newsletters and disseminate them with one click to everyone on your distribution list. Activity metrics include emails sent successfully to help you validate email addresses. The application provides the ability to import contact lists, upload images, add groups, assign contact lists to groups, as well as export lists.

ONLINE FORM BUILDER
Having online web forms provides a quick and easy alternative for users to communicate with you and provide important feedback, or complete tasks online.

These forms can be used to have web visitors contact you with questions, comments and requests, give feedback, volunteer, or to sign-up for various events, activities or programs.

WEB CONTENT ARCHIVE
Your site history will never be a mystery because all content edits for your site are archived on the Revize CMS database. Your content editors can click on the History button to view previous versions of a particular page or content block from your site.

WEB CONTENT SCHEDULE
This feature eliminates the possibility of having dated or past events being promoted on your site AFTER the event has passed, thus potentially undermining the perceived accuracy and currency of the site’s content in the minds of your audience.

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AUDIT TRAIL
This is a powerful administrative tracking tool that provides reports on the content change activities of any webpage within the system. The administrator can gauge how often the site is updated, which departments are most active; and also use the audit trail for recovery of data if necessary.

AUTO SITEMAP TOOL
Revize CMS provides this tool to automatically generate a sitemap. Anytime a new page is added or deleted from the system, the sitemap will republish to show the change. An up-to-date sitemap is very critical to boost the ranking of your website in different search engines.

HISTORY LOG
Administrators can view all the archived versions of any web page and restore any old/archived page. It is a very useful feature for referring to any archived legal documents or press releases.

ROLES/PERMISSION SETUP
Our CMS uses a role based authentication system where you can add individual user accounts and assign them system roles like Editor, Developer, Administrator, Workflow Approvers etc., or you can add roles for each department and assign department-specific roles to each user.

SECURE SITE GATEWAY
Provides a secure login area for either users of an intranet or users to access information not available to the general public. Once users are set-up with a secure login ID, they can manage their own password changes as necessary.

WEBSITE STATISTICS
Revize integrates Google’s Web Analytics tool to track number of site visits, website traffic sources, etc. Your website administrator can run various reports to collect important data on the usage of your website.

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WORKFLOWS BY DEPARTMENT
Provides a method for Supervisory Oversight of content updates. The process allows an authorized “approver” to compare the current page with the proposed new page content (side-by-side) for easy review and comparison.

“Our innovative solutions are
custom-tailored to meet the needs
of each individual client.”

Did you know?
Revize installs new features into your content management system on a rolling basis!

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Mobile Device and Accessibility
Apps

ALT-TAGS
Use of alt tags for images, a required part of the Revize CMS image manager feature, allows vision impaired
individuals to understand the content of the
image.

FONT SIZE ADJUSTMENT
Provides the ability for users to change
font size by clicking button to reach their
desired size. Helps those with low vision to
easily read information on your website.

RESPONSIVE WEB DESIGN
Revize uses pixel rendering Responsive Web
Design to accommodate better viewing of text
and graphics for any size screen, i.e., smart
phones, tablets, iPads and iPhones.

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Thank you
For Considering Revize

Prepared by Thomas J. Jean
150 Kirts Blvd. Troy, MI 48084
Ph: 248-269-9263 x8035 Fax: 866-346-8880
www.revize.com

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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 10, 2022
ITEM TITLE: Adopt a Resolution Approving the Final Map for the 1525 San Carlos Avenue Development, Assessor’s Parcel Number (APN) 050-123-010.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution approving the Final Map for the 1525 San Carlos Avenue Development (“Development”), Assessor’s Parcel Number (APN) 050-123- 010.

FISCAL IMPLICATIONS:

There is no fiscal implication or additional appropriation associated with this action.

New utility connections are needed to serve the Development, which will minimally increase the City’s infrastructure maintenance costs after construction. The Adopted Budget includes sufficient funding to include these connections with regular City maintenance.

BACKGROUND:

The Tentative Map for the Development was approved on December 17, 2018 by the Planning Commission. The City Council’s approval is required before the Final Map can be filed with the County Recorder.

The Development is a mixed-use condominium building with 18 residential units and one commercial unit at 1525 San Carlos Avenue. The Developer is required to improve the street frontage; provide sewer, storm, and water service connections; underground electrical and telecommunication services; install private landscaping; and, complete other improvements to meet City standards.

The developer, as subdivider, has submitted performance bonds to guarantee installation of the required subdivision improvements and has paid the required fees, as prescribed in the Subdivision Improvement Agreement (Attachment 2). The Final Map has, therefore, been found to be in substantial conformance with the approved Tentative Map and all conditions related to the Final Map have been met and/or guaranteed.

ANALYSIS:

Pursuant to the California Subdivision Map Act (Government Code Section 66474.1), once a Final Map is found to be in substantial conformance with the approved Tentative Map, approval of a Final Map is a "ministerial act.” The developer has met all City regulations and no further discretionary approvals are required.

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October 10, 2022 Packet Pg. 194
ALTERNATIVES:

The options available to the City Council include:

1. Adopt a Resolution approving the Final Map for the 1525 San Carlos Avenue Development, Assessor’s Parcel Number 050-123-010; or

2. Do not adopt the Resolution to approve the Final Map if the City Council finds that conditions have not been satisfactorily met; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida, Public Works Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. Exhibit A to Resolution - Subdivision Agreement

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October 10, 2022 Packet Pg. 195
RESOLUTION NO. 2022 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROVING THE FINAL MAP FOR THE 1525 SAN CARLOS AVENUE DEVELOPMENT, ASSESSOR PARCEL NUMBER 050-123-010.

WHEREAS, the Planning Commission made certain findings concerning the Tentative Map for the “1525 San Carlos Avenue Development”, as prescribed in the Tentative Map Certificate approved on December 17, 2018; and
WHEREAS, the subdivider has submitted performance bonds in the amounts of $73,851.28 (Faithful Performance) and $36,925.64 (Labor & Materials) to guarantee installation of the required subdivision improvements shown on the approved plans, and all fees have been received, as prescribed in the attached Subdivision Improvement Agreement; and WHEREAS, all other conditions required per said Tentative Map Certificate have been met or guaranteed.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council approve the Final Map for the 1525 San Carlos Avenue Development, assessor parcel number 050-123-010 is found to be in substantial compliance with the Tentative Map and Final Map approval is hereby granted, and the City Manager is hereby authorized to execute the attached Subdivision Improvement Agreement (Exhibit A) for the benefit of the City. * * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 10th day of October 2022, by the following vote:

AYES, COUNCILMEMBERS: ______________________________________________ NOES, COUNCILMEMBERS: ______________________________________________ ABSENT, COUNCILMEMBERS: ______________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
Exhibit A: Subdivision Improvement Agreement

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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 10, 2022
ITEM TITLE: Accept the Quarterly Reports from City Commissions and Boards.

RECOMMENDATION:

Staff recommends Council accept the Quarterly Reports from the City’s Commissions and Boards.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

Since 2020, the City Council receives quarterly reports from each Commission and Board with updates on activities from the preceding period along with its member attendance report.

ANALYSIS:

Attached are the Fiscal Year 2022-23 first quarter reports from the following Commissions and Boards covering July through September 2022:
- Downtown Advisory
- Economic Development Advisory
- Museum of San Carlos History
- Parks, Recreation and Culture
- Planning and Transportation
- Residential Design Review
- Youth Advisory
ALTERNATIVES:

The alternatives available to the City Council include:

1. Accept the Quarterly Reports from City Commissions and Boards; or

2. Do not accept the Quarterly Reports from City Commissions and Boards; or

3. Provide staff with alternative direction
Respectfully submitted by:

Crystal Mui, City Clerk

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October 10, 2022 Packet Pg. 207
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Downtown Advisory FY2023 Q1 Report

2. Economic Development Advisory FY2023 Q1 Report

3. Museum FY2023 Q1 Report

4. Parks, Recreation and Culture FY2023 Q1 Report

5. Planning and Transportation FY2023 Q1 Report

6. Residential Design Review FY 2023 Q1 Report

7. Youth Advisory FY2023 Q1 Report

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October 10, 2022 Packet Pg. 208

Downtown Advisory Committee (“DTAC”)
Q1 Quarterly Reports
July 1, 2022 – September 30, 2022

Summary of Accomplishments

The DTAC held one (1) meeting (on Sept 13, 2022) in the 1st quarter of FY2022/2023 and received a presentation and information from planning staff and RRM consultants on the following items:

a. Existing Conditions and Market Analysis Overview

b. Interactive Exercise

c. Recap Community Workshop of August 31, 2022

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October 10, 2022 Packet Pg. 209
Meeting Date
James Bertram
(Alternate)
Madison
Blanton
Allie
Board
Amy
Buckmaster
Sreecharan
Chandrasekharan
Allison
Chang
Tom
Davids
Jean
Dehner
Elisa
Espinoza
Samina
Ginwalla
Anthony
Kamm
Cecile
Lee
Donna
Lera
Tracy Massaro
(Alternate)
Mark
Maxwell
Monette
Meredith
Elizabeth
Min
Maya
Nayberg
Joaquin
Pedrin
9/13/2022 P P P P P P U P P P P P P P E P P P P
Total Unexcused Absences
This Fiscal Year 0 0 0 0 0 0 1 - U 0 0 0 0 0 0 0 0 0 0 0 0 P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

City of San Carlos
Downtown Advisory Committee Attendance Log

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October 10, 2022 Packet Pg. 210

CITY OF SAN CARLOS

ECONOMIC DEVELOPMENT ADVISORY COMMISSION (EDAC)

QUARTERLY REPORT, JUL-SEP 2022
Commissioners
Don Mancini (Chair)
Sailesh Mehra (Vice-Chair)
Pranita Ballback, Kelly Hickey (appointed this quarter), Anthony Kamm, Rajesh Krishnan (appointed this quarter), Madhura Kumar, Sailesh Mehra

Advisory
Al Savay, Community Development Director
Adam Aronson, Economic Development & Housing Manager
Cristian Padilla, Economic Development Coordinator
Sajuti Haque, Sr. Management Analyst

Meetings Summary

Over the last Quarter (July – September 2022) the EDAC held one meeting on August 23 rd,
2022.

At the August meeting the EDAC received two presentations. The first presentation was from staff member Cristian Padilla on a new city initiative, the Small Business Spotlight Program. The presentation included an overview of what the program would achieve and the connection to our Economic Development Plan. At the end of the presentation Cristian Padilla asked the commissioners for feedback on the program’s framework as well as how to best promote this program to the San Carlos business community.

The second presentation was from staff member Adam Aronson on a possible Affordable Housing project in Downtown San Carlos. This presentation included an overview on the project history, architectural renderings of the project, and the status of the project.

At this meeting, the Commission elected Sailesh Mehra to serve as Vice-Chair. Also, the EDAC welcomed two new Commissioners. Kelly Hickey and Rajesh Krishnan joined the Commission to fill the positions left vacant by Chris van Wert and Mark Berger.

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October 10, 2022 Packet Pg. 211
Meeting Date
Don Mancini
(Chair)
Sailesh Mehra
(Vice-Chair) Pranita Ballback Anthony Kamm Madhura Kumar Kelly Hickey Rajesh Krishnan 7/26/2022 - C
8/23/2022 P P P U P P P
9/27/2022 - C
Total Unexcused Absences
This Fiscal Year 0 0 0 1 - U 0 0 0
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Economic Development Advisory Commission Attendance Log Members are expectedto attend all regularly scheduled meetings and shouldmake every effortto do so. Such attendance ensuresa steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetingswithin aFiscal Year will result in that Commission member’s seat being declared vacant by theCity Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

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October 10, 2022 Packet Pg. 212
Museum of San Carlos History
1st Quarter Report to the San Carlos City Council

1 This report covers the time period from July 1 – September 30, 2022.

The Museum Board had two regularly scheduled meetings during this time period. The July 12 meeting was postposed to August 8 due to family emergencies of Board members. The September 20 meeting took place as scheduled. The meetings were held via Zoom and was attended by all Board members.

The 1st quarter is a busy creating and approving the Annual Budget, training new Board members (if applicable), a Villagers meeting and two Board meeting, and planning for our Fall Event: an Ice Cream Social.

Attendance
• All three City representatives were present at the August meeting; one was missing from the September meeting.
• The Villagers, the Museum docent group, held an in-person meeting at the Museum July 7. Most Museum Board members attended that meeting as well.

Activities & More
• The Museum was open to the public every Saturday during this period from 1 to 4pm. • The number of weekly visitors continued to be high until school and fall sports began. We attribute this in part to good weather, summer vacation and marketing on NextDoor, FaceBook, the website and signs downtown.
• At the August meeting the Board voted in the 2022-2023 Slate of Officers and welcomed new Board member Trudy Somrak. Trudy joins us as one of the Villager’s appointees. o President: Gayle Collins
o Vice President: John Durkin
o Treasurer: Trudy Somrak
o Secretary: Molly Barton
• Also at the August meeting, a revision to the Board Bylaws aligning the Board Bylaws with the newly revised Villagers Bylaws was approved.
o The Museum of San Carlos History Treasurer serves as a voting member to both the Villagers and Museum Boards. The Treasurer keeps accurate records of all income and expenses, makes all bank deposits, reconciles all bank accounts and reports out at all general and Board of Directors’ meetings. Fiscal year-end financial reports will be provided to the membership and Board of Directors at the July meeting. The Treasurer shall serve on the annual Board budget committee.
• During the month of August Docents packaged up the Sorcha Baru exhibit and replaced it with an Alice in Wonderland exhibit. The items are owned by a Docent and have been displayed in the past. It is fabulous!

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October 10, 2022 Packet Pg. 213
Museum of San Carlos History
1st Quarter Report to the San Carlos City Council

2 Activities & More (contd.)
• The Ice Cream Social was held on September 24. This event is free to the community and is intended as a community event to draw people to the Museum. We estimate over 100 people attended and, between donation, sales and opportunity drawings we covered the costs of the event.

The theme was “peace, love, history & ice cream” and attendees were encouraged to wear tie dyed clothing. We hosted the San Carlos High School graduating class of 1972 with tours, ice cream and popcorn. A great time was had by all! Additionally, we again utilized high school student volunteers as additional helpers (they received community service hours for their time). • The Museum continues to grow its profile on social media to increase visitors, advertise pop up shopping and Museum field trip opportunities.
• The Museum Board and Villagers continue to preserve our oldest newspapers that are too fragile to be scanned into the online archives.

The next report will be submitted at the end of the 2nd quarter, December 2022.

Respectfully Submitted by,
Molly Barton
MoSH Secretary
09/27/2022

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October 10, 2022 Packet Pg. 214
Meeting Date Molly Barton Gordon Burton John Durkin
8/8/2022 P P P
9/20/2022 P U P
Total Unexcused Absences
This Fiscal Year 0 1 - U 0
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Museum of San Carlos History Attendance Report
Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) consecutive Regular Meetings, will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from (2) consecutive Regular Meetings will result in that Commission member’s seat being declared vacant by the City Clerk.

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October 10, 2022 Packet Pg. 215
Parks, Recreation & Culture Commission
First Quarter for FY 2023
July - September 2022

The Parks, Recreation & Culture Commission met once during the first quarter, FY 2023, on August 10, 2022 via Zoom.

• Commissioners reappointed John Durkin as Chair, and Tony Chao as Vice Chair. • Commissioners received an update on the San Carlos Museum of History Board by Chair John Durkin.
• Commissioners received a presentation on Community Events. • Commissioners received a presentation on Parks Maintenance. • Commissioners decided to meet in-person at future meetings. • Commissioners received updates on CIP projects, including the Burton Park Flanagan field and Highlands Park Stadium field lighting project, and the Crestview Park track closure replacement, as well as updates on Parks & Recreation programs and services.

Attendance: August 10, 2022 – Commissioner Lee was excused.

Please see attached PR&C Commission Attendance Log.

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October 10, 2022 Packet Pg. 216
Meeting Date John Durkin Cecile Lee Mark Maxwell Stacy Cooper Dent Tony Chao Bob Bollier* 8/10/2022 P E P P P
Total Unexcused Absences
This Fiscal Year 0 0 0 0 0 0
*Bollier (alternate) joins 10/5/22
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Parks, Recreation and Culture Commission Attendance Log Members are expectedto attend all regularly scheduled meetings and shouldmake every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics underdiscussion. Unexcused absencesfrom three (3) Meetingswithin a FiscalYear will result in that Commission member’s seat being declared vacant bythe City Clerk. For thoseCommissions that are scheduledto meet less than oncea month, unexcused absencesfrom two (2) Meetingswithin a FiscalYear will result in that Commission member’s seat being declared vacant by the City Clerk.

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October 10, 2022 Packet Pg. 217

Planning and Transportation Commission
Q1 Quarterly Reports
July 1, 2022 – September 30, 2022

Summary of Accomplishments

The Planning Commission held 3 meetings in the 1st quarter of FY 2022/2023 and addressed the following items:

July 2022: Summer recess

August 1, 2022:
1021 Howard (APNs: 046-191-070, 080, and 020) - Request for Design Review, Transportation Demand Management Plan and Grading and Dirt Hall Certificate for the Development of a New 190,027 Square Feet Research and Development Life Science Building. – APPROVED

August 15, 2022: Cancelled

September 6, 2022:
1100 Industrial Road (APN: 112- 420-110) PLN2022-00040 - For the Purpose of Hearing and Considering All Comments of All Persons Interested in or Concerned with the Application of Caroline Palmer and Allison Gonzalez Requesting a Conditional Use Permit for Professional/Medical Office for Physical Therapy Services and a Conditional Use Permit for Instructional Services for a Private Fitness Studio. - APPROVED

September 19, 2022:

Request for a Planned Development Zoning, Planned Development Plan, Development Agreement, Design Review, Transportation Demand Management Plan and Grading & Dirt Haul Certificate at 405 Industrial Road (APN: 046051080) - APPROVED

Set the hearing date for 703 Knoll Drive Appeal – Staff recommends scheduling the hearing date for the 703 Knoll Drive appeal to Monday, October 17, 2022, Planning Commission meeting. - DONE

Receive the Preliminary Draft 20152023 Housing Element and provide staff with comments to consider prior to sending the document to the State Department of Housing and Community Development (HCD) for review.

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October 10, 2022 Packet Pg. 218
Meeting Date Janet Castaneda* Kristen Clements Ellen Garvey Jim Iacaponi David Roof 7/5/2022 - C
7/18/2022 - C
8/1/2022 P P P P
8/15/2022 - C
9/6/2022 P P P E
9/19/2022 P E P P P
Total Unexcused Absences
This Fiscal Year 0 0 0 0 0
*Castaneda joined 9/19/2022
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Planning and Transportation Commission Attendance Log
Members are expectedto attend all regularly scheduled meetings and shouldmake every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of currenttopics under discussion. Unexcused absences from three (3) Meetingswithin a FiscalYear will result inthat Commission member’s seat being declared vacant by theCity Clerk.For thoseCommissions that are scheduledto meet less than oncea month, unexcused absences fromtwo (2) Meetingswithin a FiscalYear will result in that Commission member’s seat being declared vacant by the City Clerk.

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October 10, 2022 Packet Pg. 219
1 Residential Design Review Committee (RDRC)
Q1 Quarterly Report
July 1, 2022 – September 30, 2022

Summary of Accomplishments

The RDRC held five public hearings in the 1
st quarter of FY 2022-2023 and took the following
actions:

A. Approvals: Six (6) applications: Four (4) new residences and two (2) additions

Address Description Total square
footage of
residence (s.f.)
703 Knoll Drive Addition 5,017 s.f.
227 Edgehill Drive New Residence 4,028 s.f.
2063 Belle Avenue New Residence 3,029 s.f.
1500 Belmont Avenue
(Formerly 1392 Rosewood
Avenue)
New Residence 3,052 s.f.
153 Edgehill Drive New Residence 3,045 s.f.
757 Knoll Drive Addition 4,404 s.f.

B. Other:

Consideration of Setting the Permanent Time for Regular Residential Design Review Committee (RDRC) Meetings at 4:30 P.M. on the First and Third Mondays of Each Month

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October 10, 2022 Packet Pg. 220
Meeting Date Ellen Garvey Eugene Sakai Hae Young Datwani Jim Iacoponi, Alternate 7/5/2022 P P P N/A
7/18/2022 - C C C C N/A
8/1/2022 P P E N/A
8/15/2022 P P P N/A
9/6/2022 P P P N/A
9/19/2022 P P P N/A
Total Unexcused Absences
This Fiscal Year 0 0 0 0
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Residential Design Review Committee
Members are expectedto attend all regularly scheduled meetings and should make every effortto do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduledto meet less than once a month, unexcused absences fromtwo (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

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October 10, 2022 Packet Pg. 221
YOUTH ADVISORY COUNCIL (YAC): QUARTERLY REPORT

July 2022 – September 2022

July 2022:
• Summer break. No meeting was held.

August 2022:
• After a quick summer break, the Youth Advisory Council (YAC) attended the August 22, 2022 City Council meeting where four members were appointed for a one-year term ending in 2023, five members were appointed for a two-year term ending in 2024, and two members were appointed as alternates for a one-year term ending in 2023.
• YAC resumed monthly meetings and began brainstorming their goals for the 2022-2023 school year.
• YAC members elected a new Chair, Vice-Chair, Public Relations, and Secretary.

September 2022:
• YAC established their work plan for the 2022-2023 school year. The Council agreed on four main objectives for the 2022-2023 school year: 1) in-person outdoor events for youth; 2) in-person mentorship opportunities for youth; 3) community support services; and 4) donation drives for youth.
• YAC hosted a Sensory Slime Donation Drive benefitting One Life Counseling Center for San Carlos Day of Service. They collected supplies for wish jars and sensory slime which will be utilized to build sensory regulation skills in schools and therapy.

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October 10, 2022 Packet Pg. 222
Meeting Date Calista Savay Hannah Delizo
Alice
Finkelstein
Samina
Ginwalla Annika Gupta
Vikram
Kacholiya Maya Nayberg
Eva
McLinden Ellora Mehta
Ava
Stathacopoulo
s Ivy Zhou
Sufiya Kaul
(Alternate)
Diya Patel
(Alternate)
7/14/2022 (Summer Break)
8/24/2022 U P P P P P P P P U P P P
9/14/2022 P U P P P P P P P P P P U
Total Unexcused Absences
This Fiscal Year 1 - U 1 - U 0 0 0 0 0 0 0 1 - U 0 0 1 - U P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum Members are expected to attend all regularly scheduled meetings and shouldmake every effortto do so. Suchattendance ensures a steady flow of communication and keeps everyone abreast of current topics underdiscussion. Unexcused absencesfrom three (3) Meetings within a FiscalYear will result in that Commission member’s seat being declared vacant bythe City Clerk.For those Commissions that are scheduled to meet less than oncea month, unexcused absencesfrom two (2) Meetings within a FiscalYear will result in that Commission member’s seat being declared vacant by the City Clerk.

City of San Carlos
Youth Advisory Council Attendance Log

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October 10, 2022 Packet Pg. 223

CITY COUNCIL

STAFF REPORT
MEETING DATE: October 10, 2022
ITEM TITLE: Adopt a Resolution Authorizing Remote Teleconference Meetings of the City Council and Commissions Pursuant to Assembly Bill 361.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing remote teleconference meetings of the City Council and Commissions pursuant to Assembly Bill (“AB”) 361.

FISCAL IMPLICATIONS:

There is no financial impact associated with adopting the proposed Resolution.

BACKGROUND:

On March 4, 2020, Governor Newsom of California proclaimed a state of emergency in response to the outbreak of the novel coronavirus (COVID-19). Then on March 17, 2020, the Governor issued Executive Order N-29-20 easing Brown Act restrictions to allow local legislative bodies to hold their meetings via teleconference. This enabled the San Carlos City Council and staff to continue to safely conduct public meetings with public participation via teleconference, while still adhering to the County of San Mateo Health Officer’s "shelter-in-place" order.

On September 16, 2021, Governor Newsom approved AB 361 with the goal to “improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options.” The bill contains an urgency clause, which made the bill effective upon signing with a sunset date of January 1, 2024.

AB 361 allows local legislative bodies to continue to meet remotely if they meet three criteria:

1. The local agency holds a meeting during a declared state of emergency proclaimed by the Governor;

2. State or local officials have imposed or recommended measures to promote social distancing; and

3. Legislative bodies have determined that meeting in person would present imminent risks to the health or safety of attendees.

Pursuant to AB 361, the City Council adopted Resolution 2021-093 on September 27, 2021, declaring the need for the City Council and Commissions to continue conducting remote meetings. Since October 25, 2021, the City Council has adopted a Resolution each month renewing its declaration to continue meeting remotely for the next 30 days.

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October 10, 2022 Packet Pg. 224
Since May 9, 2022, the City Council and Planning and Transportation Commission meetings have been conducted in-person, with an option for the public to participate remotely via Zoom. The Economic Development Advisory Commission, Parks, Recreation and Culture Commission and Youth Advisory Council have since decided to transition to in-person meetings as well. The Residential Design Review Committee continues to conduct its meetings remotely.

ANALYSIS:

Adopting the proposed Resolution will provide commissions with the option to continue holding remote meetings. In addition, members of the City Council and Planning and Transportation Commission will have the flexibility to participate via teleconference in the event of a potential COVID-19 exposure or COVID-19 related concerns, such as an asymptomatic infection or concerns that an infection might occur at a remote location when a councilmember or commissioner has an active infection. If the Council approves the proposed Resolution, staff will present a staff report to Council every thirty days to verify that the circumstances continue to exist.

If the Council does not adopt a Resolution this evening to authorize remote meetings pursuant to AB 361, beginning October 11, 2022, all commissions will need to transition back to in-person public meetings and any remote participation from members of the City Council and Commissions would need to be done according to the Brown Act’s teleconferencing requirements, which include identifying the teleconference location on the agenda of the meeting and allowing members of the public to attend the meeting at the teleconference location.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a resolution making findings and authorizing remote teleconference meetings of the City Council and Commissions pursuant to AB 361; or

2. Do not adopt the Resolution and proceed to transition all Commissions to in-person meetings beginning October 11, 2022; or

3. Provide staff with alternative direction
Respectfully submitted by:

Crystal Mui, City Clerk
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. AB 361

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October 10, 2022 Packet Pg. 225
RESOLUTION NO. 2022 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL AND COMMISSIONS PURSUANT TO ASSEMBLY BILL 361.
____________________________________________________________________________ WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of the novel coronavirus (COVID-19); and
WHEREAS, on March 10, 2020, the City Manager, acting as Director of Emergency Services of the City of San Carlos, proclaimed the existence of a local emergency within the City; and
WHEREAS, on March 12, 2020, the City Council adopted Resolution 2020-013 ratifying and extending the Director of Emergency Services’ proclamation of the existence of a local emergency caused by COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of Executive Order N-29-20, City staff set up Zoom meetings for all City Council and Commission meetings; and
WHEREAS, on September 16, 2021, the Governor signed Assembly Bill (“AB”) 361 into law as an urgency measure that went into effect immediately; and WHEREAS, AB 361 authorizes local legislative bodies to continue to conduct meetings using teleconferencing without complying with the Ralph M. Brown Act’s standard teleconferencing requirements if certain conditions are met; and WHEREAS, on September 27, 2021, pursuant to Assembly Bill 361, the City Council adopted Resolution 2021-093 making findings on the need for the City Council and Commissions to continue to teleconference in order to ensure the health and safety of the public; and WHEREAS, each month since the passing of Resolution 2021-093, the City Council has reviewed the situation and adopted a Resolution renewing its declaration for the need for the City Council and Commissions to continue conducting meetings remotely due to health and safety concerns, pursuant to AB 361; and
WHEREAS, since May 9, 2022, the City Council and Planning and Transportation Commission meetings have been conducted in-person, with an option for the public to participate remotely via Zoom. The Economic Development Advisory Commission, Parks, Recreation and Culture Commission and Youth Advisory Council have also transitioned to in-person meetings; and
WHEREAS, the Residential Design Review Committee has opted to continue conducing its meetings remotely; and

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WHEREAS, adopting a Resolution making findings and authorizing the option for the City Council and Commissions to continue conducting meetings remotely due to health and safety concerns, pursuant to AB 361, provides Commissions who aren’t ready to meet in person the option to continue remote meetings; and
WHEREAS, adopting a Resolution making findings and authorizing the option for the City Council and Commissions to continue conducting meetings remotely due to health and safety concerns, pursuant to AB 361 and provides members of the City Council and Commissions who have returned to in-person meetings with the flexibility to participate via teleconference in the event of potential COVID-19 exposure, future orders restricting attendance, a new variant causing the need to return to full remote meetings or other COVID-19 related concerns.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby makes the following findings, in compliance with AB 361, and in order to continue to teleconference under the modified Brown Act requirements:
a. The City Council has reconsidered the circumstances of the state of emergency; b. The Governor’s proclamation for a state of emergency issued on March 4, 2020 remains in effect;
c. Full return to in-person meetings would cause imminent risk to attendees who are vulnerable or where staff or councilmembers may have an asymptomatic, or where they are only able to attend remotely due to an infection, and it would be unsafe for the public to attend at their remote meeting location; and
d. State and local officials continue to strongly recommend masks be worn by all individuals in indoor settings.
*****

I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 10th day of October 2022, by the following vote:

AYES, COUNCILMEMBERS: _______________________________________________ NOES, COUNCILMEMBERS: _______________________________________________ ABSENT, COUNCILMEMBERS: _______________________________________________

________________________________
CITY CLERK of the City of San Carlos
APPROVED:

___________________________
MAYOR of the City of San Carlos

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Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1)
Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly

92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

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resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
92 —
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This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3)
Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch.
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to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4)
This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5)
This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6)
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7)
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8)
This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 —
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and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)
(1)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)
For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)
Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)
Each teleconference location be accessible to the public. (C)  Members of the public may address the legislative body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)
Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)
Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)
Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)
Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
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(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f)
All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g)
This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b)
(1)  For a state body holding a public meeting through
teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)
For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)
Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)
Each teleconference location be accessible to the public. (C)  Members of the public may address the state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 — 6 — Ch. 165

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or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)
If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)
Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)
Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)
Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)
Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)
In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)
This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
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54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)
(1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)
Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)
For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

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(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)
Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)
For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)
The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)
The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)
The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)
A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch.
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In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)
The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)
In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)
The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

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(3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)
The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)
This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)
(1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)
Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 Ch.
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shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)
For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)
(1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)
Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)
(1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)
Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)
For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 —
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In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)
The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)
In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)
The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 Ch. 165 — 13 —

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the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)
Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)
(i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)
A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)
A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3)
If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)
The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)
This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 — 14 — Ch. 165

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of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)
Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)
For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c)
(1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)
Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)
(1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 Ch. 165 — 15 —

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members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)
Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)
For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)
This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)
(1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)
Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 —
16 — Ch. 165

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legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)
For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

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powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)
This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6.

It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7.

The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 —
18 — Ch. 165

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(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1)
By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2)
By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

O
92 Ch.
165 — 19 —

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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 10, 2022
ITEM TITLE: Consideration of Introducing an Ordinance Amending and Modifying San Carlos Municipal Code Chapter 15.04 - Technical Building Codes - to Adopt the 2022 California Building Code Series; and Introducing an Ordinance Adopting the 2021 Edition of the International Fire Code with the 2022 California Fire Code Amendments.

RECOMMENDATIONS:

Staff recommends that the City Council introduce the following two Ordinances to:

1. Amend and modify Chapter 15.04 of the City of San Carlos Municipal Code (“Technical Building Codes”) to adopt the 2022 California Building Code series; and

2. Adopt the 2021 edition of the International Fire Code with the 2022 California Fire Code amendments.

FISCAL IMPLICATIONS:

There is no fiscal impact and no additional appropriation is needed.

Building Division and Fire Department fees will not be changed by adoption of the 2022 California Building and Fire Code series. Any costs associated with training will be covered by the adopted Building Division budget.

BACKGROUND:

The 2022 California Building Code series has been released by the State of California and will go into effect on January 1, 2023. The 2022 California Building Code series is an update to the 2019 California Building Code series. The updates are developed through a comprehensive multi-state agency and stakeholder effort including: the Department of Housing and Community Development; Division of State Architect; Office of Statewide Health Planning and Development; Office of the State Fire Marshal; Department of Public Health; California Energy Commission; industry stakeholders; and, interested members of the public. At the local level, the International Code Council (ICC) Peninsula Chapter, local Building Officials, and City staff provided input during the Code writing process.

Local jurisdictions may amend the new California Building Codes before they take effect only if the amendments are more restrictive and based on the need to address climatic, geological, topographical, or environmental conditions of the area.

The proposed amendments are intended to be reasonable, not overly burdensome, and consistent with those proposed by neighboring cities within San Mateo County. The goal of local

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building officials is to maintain Code consistency among jurisdictions by having as few local amendments as possible. The Technical Building Code Ordinance and track changes are provided as Attachment 1.

ANALYSIS:

1. The California Energy Code and Mandatory Solar

Consistent with the State’s goals to reduce carbon emissions and energy consumption, the California Energy Code and Energy Efficiency Standards continue to become more stringent. The 2022 California Building Code now expands the mandatory rooftop solar requirement to all building types. Other energy efficiency enhancements relate to photovoltaic (PV) and battery storage systems, building envelope requirements, indoor and outdoor lighting control systems, mechanical and water heating, and electrical power distribution systems.

2. The 2021 International Fire Code and the 2022 California Fire Code The City of San Carlos is required to formally adopt a Fire Code and to comply with California Health and Safety Code Sections 13143.5, 13145, and 13146. The proposed Ordinance (Attachment 3) includes amendments to the Fire Code, many of which were contained in the previous Ordinance of the San Carlos Fire Department. The proposed Ordinance reflects practical enforcement of the California Fire Code and will not pose an unreasonable financial hardship to stakeholders within the jurisdictional boundaries of the City. The Fire Code Ordinance will enhance the San Carlos Fire Department’s fire loss prevention and reduction program. The program is formulated for all risk protection by reducing the possible loss of life, property, and serious injury caused by the effects of fires and emergency incidents through public outreach, pre-fire planning, and enforcement by the San Carlos Fire Department personnel.

3. 2022 Code Cycle and City Climate Goals
Regular and more restrictive State Building Codes act to support the City’s goal to reduce emissions 40% by 2030 and 80% by 2050, relative to 1990 levels. The City’s Climate Mitigation and Adaptation Plan includes strategies to make necessary amendments to the State Code to ensure the City electrifies buildings at a pace to achieve these targets. The City Council adopted an all-electric new construction Reach Code in February 2021 that must be readopted and included in the 2022 Building Code. Included within the attached amendments is the City’s new construction Reach Code, with the following modifications that are necessary to ensure consistency with the 2022 Building Code:
• All-electric Reach Code construction requirements have been moved from the California Energy Code, Part 6, to the California Green Building Standards Code, Part 11, per recommendations by the California Energy Commission.
• Solar requirements have been omitted to remove redundancies as the 2022 California Building Code now expands solar to all buildings.
• Electric vehicle charging requirements in multi-family buildings and non-residential buildings have been increased based on enhancements to the 2022 California Building Code.

Staff will return to the City Council in early 2023 for a study session to review the City’s Reach

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Code in more detail, including the existing exceptions currently in place, and explore possible policy considerations toward electrifying existing buildings.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Introduce an Ordinance amending San Carlos Municipal Code Chapter 15.04 – Technical Building Codes – to adopt the 2022 California Building Code Series; and introduce an Ordinance amending San Carlos Municipal Code Section 15.04.110 – California Fire Code – to adopt the 2021 edition of the International Fire Code with the 2022 California Fire Code amendments; or

2. Do not introduce proposed Ordinances; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Chris Valley, Building Official
Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Ordinance – Technical Building Codes with Chapter 15 Technical Building Codes (Redlined)

2. Ordinance – Fire Code

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ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING THE SAN CARLOS MUNICIPAL CODE CHAPTER 15.04 - TECHNICAL BUILDING CODES - TO ADOPT THE 2022 EDITIONS OF THE CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE (VOLUMES 1 AND 2),

CALIFORNIA RESIDENTIAL CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA

MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE,

CALIFORNIA HISTORICAL CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA

GREEN BUILDING STANDARDS CODE, CALIFORNIA REFERENCED STANDARDS CODE, 1997 UNIFORM SECURITY CODE, THE 2021 EDITION OF THE INTERNATIONAL

PROPERTY MAINTENANCE CODE WITH AMENDMENTS AND MODIFICATIONS, AND SAFETY ASSESSMENT PROGRAM (SAP) PLACARDS.
____________________________________________________________________________ The City Council of the City of San Carlos does ordain as follows:

SECTION 1:

WHEREAS, the 2022 California Building Code series has been released by the State of California and will go into effect January 1, 2023; and WHEREAS, the amendments are intended to be reasonable, not overly burdensome, and in keeping with those proposed by neighboring cities within San Mateo County; and WHEREAS, the State of California adopted Senate Bill (“SB”) 100, which requires 100% clean electric grid by 2045; and
WHEREAS, the City of San Carlos seeks to readopt the current Reach Code that will enable the State of California to work toward achieving carbon neutrality by 2045; and WHEREAS, reducing or eliminating natural gas usage in the building sector is an important component of climate mitigation to achieve the State of California’s goal of carbon neutrality by 2045; and
WHEREAS, the City Council seek to meet the climate action goals set by the City of San Carlos, San Mateo County, and the State of California; and WHEREAS, the goal of local Building Officials is to maintain Code consistency amongst jurisdictions by having as few local amendments as possible.

SECTION 2: Chapter 15.04, Sections 15.04.010, 15.04.020, 15.04.030, 15.04.040, 15.04.045,

15.04.050, 15.04.060, 15.04.070, 15.04.080, 15.04.090, 15.04.100, 15.04.120, 15.04.125,

15.04.130, 15.04.140, 15.04.150, 15.04.160, and 15.04.170 of the San Carlos Municipal Code is hereby amended as set forth in Exhibit A attached hereto.

SECTION 3: Severability. That the City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and, if for any reason any

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sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 4: Effective Date. This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30-days after its passage and adoption. *****
I, City Clerk Crystal Mui, herby certify that the foregoing Ordinance was introduced on the 10th day of October, 2022 and passed and adopted at a regular meeting of the City Council of the City of San Carlos at a regular meeting thereof held on the ____ day of ___________, 2022, by the following vote:

AYES, COUNCIL MEMBERS:___________________________________________________ NOES, COUNCIL MEMBERS:___________________________________________________ ABSENT, COUNCIL MEMBERS: ________________________________________________ ___________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
Exhibit A – San Carlos Municipal Code Chapter 15 Updates (redlined)

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EXHIBIT A
Chapter 15.04
TECHNICAL BUILDING CODES*
Sections:

15.04.010 Adoption of codes by reference—Copies on file.

15.04.020 City Council findings.

15.04.030 Title 24, Part 1, California Administrative Code.

15.04.040 Title 24, Part 2, California Building Code, Volumes 1 and 2, with appendices, amendments, and modifications.

15.04.045 Title 24, Part 2.5, California Residential Code with appendices, amendments, and modifications.

15.04.050 Title 24, Part 3, California Electrical Code, with amendments and modifications.

15.04.060 Title 24, Part 4, California Mechanical Code with appendices.

15.04.070 Title 24, Part 5, California Plumbing Code with appendices.

15.04.080 Title 24, Part 6, California Energy Code with appendices.

15.04.090 Title 24, Part 7.

15.04.100 Title 24, Part 8, California Historical Building Code.

15.04.110 Title 24, Part 9, California Fire Code.

15.04.120 Title 24, Part 10, California Existing Building Code.

15.04.125 Title 24, Part 11, California Green Building Standards Code (CALGreen).

15.04.130 Title 24, Part 12, California Referenced Standards Code.

15.04.140 1997 Uniform Building Security Code.

15.04.150 20212018 International Property Maintenance Code.

15.04.160 Safety Assessment Program (SAP) placards.

15.04.170 Findings.

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* Prior ordinance history: Ords. 1021, 1078, 1099, 1104 and 1267.

15.04.010 Adoption of codes by reference—Copies on file.

The City Council finds that the requirements of Government Code Sections 50022.4, 50022.5 and 50022.6 relating to adopting codes by reference have been met. The City Council directs that one copy of each code adopted by reference shall be placed on file with the Building Official and maintained there for public inspection while the said codes are in effect. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.020 City Council findings.

The City Council finds that modifications are required for the respective codes being adopted herein.

Specifically, local climatic, geologic, topographic, and social conditions necessitate the modifications as listed in Section 15.04.170. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1448 § 2, 2012: Ord. 1428 § 2 (part), 2010)

15.04.030 Title 24, Part 1, California Administrative Code.

Title 24, Part 1, the California Administrative Code, 20222019 Edition, is hereby adopted by reference. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.040 Title 24, Part 2, California Building Code, Volumes 1 and 2, with appendices, amendments, and modifications
Title 24, Part 2, California Building Code, 20222019 Edition, Volumes 1 and 2, is hereby adopted by reference, with the following selected appendices, amendments and modifications:

A. Section 113, Board of Appeals, is deleted in its entirety and replaced with Title 24, Part 3, the California Electrical Code, 20222019 Edition, Section 89.108.8, Appeals Board.

B. Division II, Scope and Administration, is adopted and amended as follows:

Section 105.2 (2) Fences not over 6 feet high. Add: plus 12" of lattice. See the San Carlos Municipal Code, Section 18.15.040.

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Section 105.2 (4) Retaining walls that are not over 4 feet high measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids. Add: Wood retaining walls are limited to 3 feet tall without permits. Retained soil at top of wall limited to 2:1 slope.

Section 105.2 (6) is deleted.

C. Section 901.2, add:
as amended by the City of San Carlos Fire Department.

D. Section 1704.4 and Table 1705.3 are amended to read as follows:

Bolts or threaded rod, such as used for hold-down anchors, installed in existing concrete shall be load tested if used in tension.

1. The special inspection required to observe the placement of these types of rods or bolts is not required.

2. All (100%) of rods or bolts installed in existing concrete for tension anchorage, such as hold-downs, shall be tested.

3. All such anchors shall be tension tested to twice the allowable tension value for bolts of the same diameter, per Table 1908.2, or higher value as specified by the design structural engineer.

4. Use f'c of 2,500 psi unless higher f'c can be determined by report or test.

5. Tension testing (pull tests) of bolts or rods shall be performed by a third party testing lab approved by the Building Official.

6. Failed bolts or rods shall be replaced and tested per (3).

7. A final letter from the testing agency shall indicate all bolts passed the testing criteria.

DE. Section 1705.3, Exception 1, add:
where the structural design of the footing is based on a specified compression strength, f'c, no greater than 2,500 pound per square inch (psi)(17.2 Mpa).

F. Section 1905.1.8 ACI 318, Section 22.10, is modified to read as follows:

Section 1905.1.8 ACI 318, Section 22.10. Delete ACI 318, Section 22.10, and replace with the following:

22.10 – Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

22.10.1 – Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:

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(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness. (b) Plain concrete footings supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exception: In detached one and two-family dwellings three stories or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross-sectional area of the footing.

G. Section 1907, Minimum Slab Provisions, add:

The slab shall be reinforced by a minimum of 6" x 6", 10 gauge welded wire fabric or approved equal for all structures that require a building permit.

EH. Section 2308.3.12308.6, Foundation plates or sills, is modified to read as follows:

Section 2308.3.1 Foundation plates or sills. Foundation plates or sills resting on concrete or masonry foundations shall comply with Section 2304.3.1. Foundation plates or sills shall be bolted or anchored to the foundation with not less than 5/8-inch diameter (15.875 mm) steel bolts or approved anchors spaced to provide the equivalent anchorage as the steel bolts. Bolts shall be embedded not less than 7 inches (178 mm) into concrete or masonry. The bolts shall be located in the middle third of the width of the plate. Bolts shall be spaced not more than 6 feet (1829 mm) on center and there shall be not less than two bolts or anchor straps per piece with one bolt or anchor strap located not more than 12 inches (305 mm) or less than 4 inches (102 mm) from each end of the piece. Bolts in sill plates of braced wall lines in structures over two stories above grade shall be spaced not more than 4 feet (1219 mm) on center. A properly sized nut and washer shall be tightened on each bolt to the plate.

Section 2308.6 Foundation plates or sills. Foundations and footings shall be as specified in Chapter 18.

Foundation plates or sills resting on concrete or masonry foundations shall comply with Section 2304.3.1. Foundation plates or sills shall be bolted or anchored to the foundation with not less than 5/8" diameter (15.9 mm) steel bolts or approved anchors spaced to provide equivalent anchorage as the steel bolts. Bolts shall be embedded at least 7 inches (178 mm) into concrete or masonry, and spaced not more than 6 feet (1,829 mm) apart. There shall be a minimum of two bolts or anchor straps per piece with one bolt or anchor strap located not more than 12 inches (305 mm) or less than 4 inches (102 mm) from each end of the piece. A properly sized nut and washer shall be tightened on each bolt to the

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plate. Such washers shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm x 76 mm x 79 mm) in size.

FI. CBC Appendix Chapter I is selected and adopted. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.045 Title 24, Part 2.5, California Residential Code with appendices, amendments, and modifications.

Title 24, Part 2.5, California Residential Code, 20222019 Edition, is hereby adopted by reference, with the following selected appendices, amendments, and modifications:

A. Section R105.2, Work exempt from permit. Items 2, 5, and 10 are deleted.

B. Section R112, Board of Appeals, is deleted in its entirety and replaced with Title 24, Part 3, the California Electrical Code, 20222019 Edition, Section 89.108.8, Appeals Board.

C. Chapter 2, Definitions, add:

RESIDENTIAL RECONSTRUCTION. A residential-type project where the building at any time is uninhabitable, including removal of any or all utilities (water, electrical, natural gas, or sewer); or the project provides no permanent kitchen or bathroom facilities; or the project provides no shelter or ability to maintain heat as defined by code; or when over 50% of the foundation is replaced or reinforced other than the repair of a foundation failure; or when over 50% of the framing above the foundation is removed or replaced. Final determination whether a project meets the definition of residential reconstruction shall be made by the Building Official.

D. Section R313.2, One- and two-family dwellings automatic fire systems, add:

An automatic residential fire sprinkler system, in accordance with R313 or NFPA 13D, shall be installed in Residential Reconstruction projects of 2,500 square feet or greater, or the structure increases height from one storyone-story to a two story single familytwo-story single-family dwelling and is greater than 2,500 square feet.

E. Section R311.7.5.1, Risers, add:

The minimum stair riser height shall be no less than 4 inches (102 mm).

F. Section R403.1.3, Seismic reinforcing, is modified to read as follows:

Section R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Section R301.2.2.1, shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

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In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1,219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall.

In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1,219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.

In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.

Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.

FG. Section R403.1.6, Foundation anchorage, is modified to read as follows:

R403.1.6 Foundation anchorage. Wood sill plates and wood walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section.

Cold-formed steel framing shall be anchored directly to the foundation or fastened to wood sill plates in accordance with Section R505.3.1 or R603.3.1, as applicable. Wood sill plates supporting cold-formed steel framing shall be anchored to the foundation in accordance with this section.

Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs and all wood sill plates shall be anchored to the foundation with minimum 5/8-inch diameter (15.875 mm) anchor bolts spaced not greater than 6 feet (1829 mm) on center or approved anchors or anchor straps spaced as required to provide equivalent anchorage to 5/8- inch diameter (15.875 mm) anchor bolts. Bolts shall extend not less than 7 inches (178 mm) into the concrete or grouted cells of concrete masonry units. The bolts shall be located in the middle third of the width of the plate. A nut and washer shall be tightened on each anchor bolt. There shall be not fewer than two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundation that are not part of a braced wall panel shall be positively anchored with approved fasteners. Sill plates and sole plates shall be protected against decay and termites where required by Sections R317 and R318. Anchor bolts shall be permitted to be located while concrete is still plastic and before it has set. Where anchor bolts resist placement or consolidation of concrete around anchor bolts is impeded, the concrete shall be vibrated to ensure full contract between the anchor bolts and concrete.

Exceptions:

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1. Walls 24 inches (610 mm) total length or shorter connecting offset braced wall panels shall be anchored to the foundation with not fewer than one anchor bolt located in the center third of the plate section and shall be attached to adjacent braced wall panels at corners as shown in Item 9 of Table R602.3(1).

1. Connection of walls 12 inches (305 mm) total length or shorter connecting offset braced wall panels to the foundation without anchor bolts shall be permitted. The wall shall be attached to adjacent braced wall panels at corners as shown in Item 9 of Table R602.3(1).

2. Section R403.1.6 Foundation anchorage. Sill plates and walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section.

Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs and all wood sill plates shall be anchored to the foundation with anchor bolts spaced a maximum of 6 feet (1,829 mm) on center. Bolts shall be at least 5/8" (15.9 mm) in diameter and shall extend a minimum of 7 inches (178 mm) into concrete or grouted cells of concrete masonry units. A nut and washer shall be tightened on each anchor bolt. Such washers shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm x 76 mm x 79 mm) in size. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundation that are not a part of a braced wall panel shall be positively anchored with approved fasteners. Sill plates and sole plates shall be protected against decay and termites where required by Sections R317 and R318. Cold-formed steel framing systems shall be fastened to wood sill plates or anchored directly to the foundation as required in Section R505.3.1 or R603.3.1.

Exceptions:
1) Foundation anchorage spaced as required to provide equivalent anchorage to 5/8-inch diameter (15.9 mm) anchor bolts.
2) Walls 24 inches (610 mm) total length or shorter connecting offset braced wall panels shall be anchored to the foundation with a minimum of two anchor bolts located no less than 7 bolt diameters from each end of the plate section and shall be attached to adjacent braced wall panels at corners as allowed in Section R602.10.
3) Connection of walls 12 inches (305 mm) total length or shorter connecting offset braced wall panels to the foundation without anchor bolts shall be permitted. The wall shall be attached to adjacent braced wall panels at corners as allowed in Section R602.10.

H. Table R602.10.3 (3). Add a new footnote “e” to the end of CRC Table R602.10.3 (3), to read:
e. In Seismic Design Categories D0, D1 and D2, Method GB is not permitted and the use of Method PCP is limited to one-story single family dwellings and accessory structures.

I. Section R602.10.4. Add a new Subsection R602.10.4.4, to read:

R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D0, D1 and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of studs from other types of braced wall sheathing. In Seismic Design Categories D0, D1 and D2, the use of Method PCP is limited to one-story single family dwellings and accessory structures.

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GJ. CRC Appendix Chapters AH, AJ, AK, AO, AQ, AT, and AV, and AX are selected and adopted. (Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.050 Title 24, Part 3, California Electrical Code, with amendments and modifications.

Title 24, Part 3, California Electrical Code, 20222019 Edition, is hereby adopted by reference, with the following amendments and modifications:

A. Section 89.108.4.1, Permits (a), add:

A California State Licensed Electrical Contractor is required to obtain the permit for all electrical work performed in all occupancies except single family dwellings, attached or detached garages, carports or accessory buildings.

B. Chapter 1, Article 100, Definitions: Approved, add:

Existence of a factory applied label or application of a field applied label by an agency approved by the AHJ to test and label is an alternate method of approval. See the list of recognized third party testing and labeling agencies.

C. Chapter 1, Article 100, Definitions: Authority Having Jurisdiction (AHJ), add:

The Authority Having Jurisdiction is the Building Official of the City of San Carlos.

D. Section 210.11 (C) Branch Circuits Required, add items:
(5) Additional Branch Circuit Raceway Required for Future All-Electric. New one- and two-family dwellings, townhouses, and Residential Reconstruction projects (as defined in the California Residential Code), for each dwelling unit, shall install listed raceways to accommodate a dedicated branch circuit for the following electric appliance locations:

Clothes Dryer
HVAC
Kitchen Cooking
The raceway shall be not less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or sub-panel and shall terminate in a listed cabinet, box, or other enclosure in close proximity to the electrical appliance location(s). Raceways are required to be continuous at enclosed, inaccessible, or concealed areas and spaces. The service panel and/or sub-panel shall provide capacity to accommodate these branch circuits and permit the installation of branch circuit overcurrent protective devices for each appliance.

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(6) Additional Branch Circuit for Water Heating Systems. Systems using gas or propane water heaters in new one- and two-family dwellings, townhouses, and Residential Reconstruction projects (as defined in the California Residential Code) shall include the following branch circuit components:

A dedicated 125 volt, 20-amp receptacle connected to the main service or sub-panel with a 120/240 volt 3 conductor, 10 AWG branch circuit, within 3-feet of the water heater and accessible to the water heater with no obstructions. Both ends of the unused conductor shall be labeled “Spare” and be electrically isolated, and a reserved single-pole circuit breaker space in the electrical panel shall be provided and labeled “Future 240V Use.” (Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.060 Title 24, Part 4, California Mechanical Code with appendices.

Title 24, Part 4, California Mechanical Code, 20222019 Edition, is hereby adopted by reference, with the following selected appendices:

A. CMC Appendix Chapters B, C, D, F, and G are selected and adopted. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.070 Title 24, Part 5, California Plumbing Code with appendices.

Title 24, Part 5, California Plumbing Code, 20222019 Edition, is hereby adopted by reference, with the following selected appendices:

A. CPC Appendix Chapters A, B, C, D, E, F, G, I, J, and K are selected and adopted. (Ord. 1553 § 21513 § 1 (Exh. A (part)), 20192016: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.080 Title 24, Part 6, California Energy Code with appendices.

Title 24, Part 6, the California Energy Code, 20221920222019 Edition, is hereby adopted by reference, with all appendices.A. Section 100.0(e)(2)A of the Energy Code is amended to read as follows:
(e) Sections applicable to particular buildings. TABLE 100.0-A and this subsection list the provisions of Part 6 that are applicable to different types of buildings covered by Section 100.0(a).

1. All buildings. Sections 100.0 through 110.12 apply to all buildings.

Exception to Section 100.0(e) 1: Spaces or requirements not listed in TABLE 100.0-A.

2. Newly constructed buildings.

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A. All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable and shall be an All-Electric Building as defined in Section 100.1(b). For the purposes of All-Electric Building requirements, newly constructed buildings as defined in Section 100.1 shall include a construction project where an alteration includes replacement of over 50% of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or when over 50% of the existing framing above the sill plate is removed or replaced for purposes other than repair. If either of these criteria are met within a 3- year period, measured from the date of the most recent previously obtained permit final date, that structure is considered new construction and shall be subject to the All-Electric Building requirements.

The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the designated Building Official.

Exception 1: Laboratory areas within Non-Residential Buildings may contain non-electric Space Conditioning Systems. To take advantage of this exception, an applicant shall provide third party verification that the All-Electric space heating requirement is not cost effective and feasible.

Exception 2: If an applicant establishes that there is not an All-Electric prescriptive compliance pathway for the building or space regulated by the Energy Code, and that the building or space is not able to achieve compliance with the Energy Code using the alternative calculation method and using commercially available technology, then the Building Official may grant a modification. If the Building Official grants a modification pursuant to this Exception, an applicant shall comply with the pre-wiring provision of Note 1 below.

Exception 3: Non-residential buildings containing a for-profit restaurant open to the public or an employee commercial kitchen containing cooking facilities with the purpose of preparing and serving food for employees and visitors may apply to the Building Official for a modification to install gas-fueled cooking appliances. This exception does not apply to typical employee breakrooms or other self-service kitchens. This request must be based on a business-related reason to cook with a flame that cannot be reasonably achieved with an electric fuel source. The Building Official may grant this modification if he or she finds the following:

1. There is a business-related reason to cook with a flame; and

2. This need cannot be reasonably achieved with an electric fuel source; and

3. The applicant has employed reasonable methods to mitigate the greenhouse gas impacts of the gas- fueled appliance; and

4. The applicant shall comply with the pre-wiring provision of Note 1 below.

Exception 4: All residential buildings except Multi-Unit Residential buildings as defined by the San Carlos Municipal Code 18.40.020 may contain non-electric indoor and outdoor Cooking Appliances and indoor and outdoor Fireplaces.

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Exception 5: All-Electric Building requirements shall not apply to projects with planning entitlements approved by the City prior to the effective date of this Ordinance.

Exception 6: If an applicant establishes by substantial evidence that an All-Electric Building is infeasible for the project due to exceptional or extraordinary circumstances particular to the project, then the Building Official may grant a modification. The design professional shall submit findings demonstrating a unique reason that makes the technical code impractical, that the modification is in conformity with the intent and purpose of the technical code, the modification shall be as narrow as possible so as to effectuate as much of a reduction in natural gas as possible, and that such modification does not lessen health, life safety, and fire safety requirements or any degree of structural integrity. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre-wiring provision of Note 1 below.

A building applicant may appeal the decision of the Building Official to the City Council. The City Council’s decision on the appeal shall be final.

Note 1: If natural gas appliances are used in any of the above exceptions 1-6, natural gas appliance locations must also be electrically pre-wired for future electric appliance installation. The pre-wiring shall include the following:

1. A dedicated electrical circuit for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer’s recommendations) with an electrical receptacle that is connected to an electrical overcurrent protection device, extending to within 3 feet of the appliance and accessible without obstructions;

2. Panel and electrical receptacle to be labeled “For Future Electric Appliance” and be electrically isolated;

3. A circuit breaker shall be installed in the electrical panel for the branch circuit and labeled for each circuit, an example is as follows (i.e., “For Future Electric Range”); and

4. All electrical components, including conductors, receptacles, junction boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code.

Note 2: If any of the exceptions 1-6 are granted, the Building Official shall have the authority to approve alternate materials, design, and methods of construction or equipment per California Building Code (“CBC”) 104 or California Residential Code (“CRC”) R104, as applicable.

Note 3: Attached Accessory Dwelling Units and Junior Accessory Dwelling Units as defined by the San Carlos Municipal Code 18.40.020 are not considered new construction and are not subject to the All- Electric requirements unless the alteration to the existing residence includes replacement of over 50% of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or when over 50% of the existing framing above the sill plate is removed or replaced for purposes other than repair. If either of these criteria are met within a 3-year

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period, measured from the date of the most recent previously obtained permit final date, that structure is considered new construction and shall be subject to the All-Electric building requirements.

B. Section 100.1(b) of the Energy Code is amended to add definitions for “All-Electric Building” and “Laboratory” to read as follows:

ALL-ELECTRIC BUILDING: is a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating, cooking appliances, and clothes drying appliances. All-Electric Buildings may include solar thermal pool heating, or fossil fuels for backup power generation.

LABORATORY: is a building or area where research, experiments, and measurements in medical and life sciences are performed and/or stored requiring examination. The building may include workbenches, countertops, scientific instruments, and supporting offices.

C. Section 110.2 “Certification by manufacturers” of the Energy Code is amended to read as follows:

SECTION 110.2 – MANDATORY REQUIREMENTS FOR SPACE-CONDITIONING EQUIPMENT Certification by Manufacturers. Any space-conditioning equipment listed in this section, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified to the Commission that the equipment complies with all applicable requirements of this section.

D. Section 110.3(a) of the Energy Code is amended to read as follows:

SECTION 110.3 – MANDATORY REQUIREMENTS FOR SERVICE WATER-HEATING SYSTEMS AND

EQUIPMENT
(a) Certification by Manufacturers. Any service water-heating system or equipment, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified that the system or equipment complies with all of the requirements of this subsection for that system or equipment.

E. Section 110.4(a) of the Energy Code is amended to read as follows:

SECTION 110.4(a) – MANDATORY REQUIREMENTS FOR POOL AND SPA SYSTEMS AND EQUIPMENT (a) Certification by Manufacturers. Any pool or spa heating system or equipment, meeting the requirements of section 100.0 (e)2A, may be installed only if the manufacturer has certified that the system or equipment has all of the following:

1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency Regulations; and

2. On-off switch. A readily accessible on-off switch, mounted on the outside of the heater that allows shutting off the heater without adjusting the thermostat setting; and

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3. Instructions. A permanent, easily readable, and weatherproof plate or card that gives instruction for the energy efficient operation of the pool or spa heater and for the proper care of pool or spa water when a cover is used; and

4. Electric resistance heating. No electric resistance heating.

Exception 1 to Section 110.4(a)4: Listed package units with fully insulated enclosures, and with tightfitting covers that are insulated to at least R-6.

Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent of the annual heating energy from site solar energy or recovered energy.

F. Section 110.5 of the Energy Code is amended to read as follows:

SECTION 110.5 – COOKING EQUIPMENT, POOL AND SPA HEATERS, AND FIREPLACES Any system or equipment listed below may be installed only if it meets the requirements of Section 100.0 (e)2A:
(a) Cooking equipment
(b) Pool heaters
(c) Spa heaters
(d) Indoor and outdoor fireplaces
G. Section 110.10 of the Energy Code is amended to read as follows:

SECTION 110.10 – MANDATORY REQUIREMENTS FOR SOLAR READY BUILDINGS AND SOLAR PANEL

SYSTEM REQUIREMENTS FOR NON-RESIDENTIAL NEW BUILDINGS
(a) Covered Occupancies.

1. Single Family Residences. Single family residences located in new subdivisions with ten or more single family residences and where the application for a tentative subdivision map for the residences has been deemed complete or approved by the enforcement agency, which do not have a photovoltaic system installed, shall comply with the requirements of Section 110.10(b) through 110.10(e).

2. Low-rise Multi-family Buildings. Low-rise multi-family buildings that do not have a photovoltaic system installed shall comply with the requirements of Section 110.10(b) through 110.10(d).

3. Hotel/Motel Occupancies and High-rise Multi-family Buildings. Hotel/motel occupancies and high- rise multi-family buildings with ten habitable stories or fewer shall comply with the requirements of Section 110.10(b) through 110.10(d). The minimum solar photovoltaic system required is 2 watts per square foot of the building footprint or right-sized PV system shall be installed.

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4. Nonresidential Buildings. Nonresidential buildings with three habitable stories or fewer, other than healthcare facilities, shall comply with the requirements of Section 110.10(b) through 110.10(d). The minimum solar photovoltaic system required is 2 watts per square foot of the building footprint or right- sized PV system shall be installed.
(b) Solar Zone.

1. Minimum Solar Zone Area. The solar zone shall have a minimum total area as described below. The solar zone shall comply with access, pathway, smoke ventilation, and spacing requirements as specified in Title 24, Part 9 or other Parts of Title 24 or in any requirements adopted by a local jurisdiction. The solar zone total area shall be comprised of areas that have no dimension less than 5 feet and are no less than 80 square feet each for buildings with roof areas less than or equal to 10,000 square feet or no less than 160 square feet each for buildings with roof areas greater than 10,000 square feet.

A. Single Family Residences. The solar zone shall be located on the roof or overhang of the building and have a total area no less than 250 square feet.

Exception 1 to Section 110.10(b)1A: Single family residences with a permanently installed domestic solar water-heating system meeting the installation criteria specified in the Reference Residential Appendix RA4 and with a minimum solar savings fraction of 0.50.

Exception 2 to Section 110.10(b)1A: Single family residences with three habitable stories or more and with a total floor area less than or equal to 2,000 square feet and having a solar zone total area no less than 150 square feet.

Exception 3 to Section 110.10(b)1A: Single family residences located in the Wildland-Urban Interface Fire Area as defined in Title 24, Part 2 and having a whole house fan and having a solar zone total area no less than 150 square feet.

Exception 4 to Section 110.10(b)1A: Buildings with a designated solar zone area that is no less than 50 percent of the potential solar zone area. The potential solar zone area is the total area of any low-sloped roofs where the annual solar access is 70 percent or greater and any steep-sloped roofs oriented between 90 degrees and 300 degrees of true north where the annual solar access is 70 percent or greater. Solar access is the ratio of solar insolation including shade to the solar insolation without shade.

Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access.

Exception 5 to Section 110.10(b)1A: Single family residences having a solar zone total area no less than 150 square feet and where all thermostats are demand responsive controls and comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency.

Exception 6 to Section 110.10(b)1A: Single family residences meeting the following conditions:

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A. All thermostats are demand responsive controls that comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency.

B. Comply with one of the following measures:
i. Install a dishwasher that meets or exceeds the ENERGY STAR Program requirements with a refrigerator that meets or exceeds the ENERGY STAR Program requirements, a whole house fan driven by an electronically commutated motor, or an SAE J1772 Level 2 Electric Vehicle Supply Equipment (EVSE or EV Charger) with a minimum of 40 amperes; or
ii. Install a home automation system capable of, at a minimum, controlling the appliances and lighting of the dwelling and responding to demand response signals; or iii. Install alternative plumbing piping to permit the discharge from the clothes washer and all showers and bathtubs to be used for an irrigation system in compliance with the California Plumbing Code and any applicable local ordinances; or
iv. Install a rainwater catchment system designed to comply with the California Plumbing Code and any applicable local ordinances, and that uses rainwater flowing from at least 65 percent of the available roof area.

B. Low-rise and High-rise Multi-family Buildings, Hotel/Motel Occupancies, and Nonresidential Buildings. The solar zone shall be located on the roof or overhang of the building or on the roof or overhang of another permitted structure located within 250 feet of the building or on covered parking installed with the building project, and shall have a total area no less than 15 percent of the total roof area of the building excluding any skylight area. The solar zone requirement is applicable to the entire building, including mixed occupancy.

Exception 1 to Section 110.10(b)1B: High-rise Multi-family Buildings, Hotel/Motel Occupancies, and Nonresidential Buildings with a permanently installed solar electric system having a nameplate DC power rating, measured under Standard Test Conditions, of no less than one watt per square foot of roof area.

Exception 2 to Section 110.10(b)1B: High-rise multi-family buildings, hotel/motel occupancies with a permanently installed domestic solar water-heating system complying with Section 150.1(c)8Biii and an additional collector area of 40 square feet.

Exception 3 to Section 110.10(b)1B: Buildings with a designated solar zone area that is no less than 50 percent of the potential solar zone area. The potential solar zone area is the total area of any low-sloped roofs where the annual solar access is 70 percent or greater and any steep-sloped roofs oriented between 90 degrees and 300 degrees of true north where the annual solar access is 70 percent or greater. Solar access is the ratio of solar insolation including shade to the solar insolation without shade.

Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access.

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Exception 4 to Section 110.10(b)1B: Low-rise and high-rise multi-family buildings with thermostats in each dwelling unit that are demand response controls in compliance with Section 110.12(a) and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency. In addition, either A or B below:

A. In each dwelling unit, comply with one of the following measures:
i. Install a dishwasher that meets or exceeds the ENERGY STAR Program requirements with either a refrigerator that meets or exceeds the ENERGY STAR Program requirements or a whole house fan driven by an electronically commutated motor; or
ii. Install a home automation system that complies with Section 110.12(a) and is capable of, at a minimum, controlling the appliances and lighting of the dwelling and responding to demand response signals; or
iii. Install alternative plumbing piping to permit the discharge from the clothes washer and all showers and bathtubs to be used for an irrigation system in compliance with the California Plumbing Code and any applicable local ordinances; or
iv. Install a rainwater catchment system designed to comply with the California Plumbing Code and any applicable local ordinances, and that uses rainwater flowing from at least 65 percent of the available roof area.

B. Comply with Title 24, Part 11, Section A4.106.8.2 requirements for electric vehicle charging spaces.

Exception 5 to Section 110.10(b)1B: Buildings where the roof is designed and approved to be used for vehicular traffic or parking or for a heliport.

Exception 6 to Section 110.10(b)1B: Vegetative roofs covering 35 percent of the roof area or greater, meeting all relevant code requirements including considerations for wind, fire, and structural loads.

Exception 7 to Section 110.10(b)1B: Performance equivalency approved by the Building Official.

2. Azimuth. All sections of the solar zone located on steep-sloped roofs shall be oriented between 90 degrees and 300 degrees of true north.

3. Shading.

A. No obstructions, including but not limited to, vents, chimneys, architectural features, and roof mounted equipment, shall be located in the solar zone.

B. Any obstruction, located on the roof or any other part of the building that projects above a solar zone shall be located at least twice the distance, measured in the horizontal plane, of the height difference between the highest point of the obstruction and the horizontal projection of the nearest point of the solar zone, measured in the vertical plane.

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Exception to Section 110.10(b)3: Any roof obstruction, located on the roof or any other part of the building, that is oriented north of all points on the solar zone.

C. The solar zone needs to account for shading from obstructions that may impact the area required in 110.10(b)1B. When determined by the Building Official that conditions exist where excessive shading occurs and solar zones cannot be met, a performance equivalency approved by the Building Official may be used as an alternative.

4. Structural Design Loads on Construction Documents. For areas of the roof designated as solar zone, the structural design loads for roof dead load and roof live load shall be clearly indicated on the construction documents.

Note: Section 110.10(b)4 does not require the inclusion of any collateral loads for future solar energy systems.
(c) Interconnection Pathways.

1. The construction documents shall indicate a location reserved for inverters and metering equipment and a pathway reserved for routing of conduit from the solar zone to the point of interconnection with the electrical service.

2. For single family residences and central water-heating systems, the construction documents shall indicate a pathway for routing of plumbing from the solar zone to the water-heating system. (d) Documentation. A copy of the construction documents or a comparable document indicating the information from Sections 110.10(b) through 110.10(c) shall be provided to the occupant. (e) Main electrical service panel.

1. The main electrical service panel shall have a minimum bus bar rating of 200 amps.

2. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future solar electric installation. The reserved space shall be permanently marked as “For Future Solar Electric”.

A. ( (Ord. 1570 § 2, 2021; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.090 Title 24, Part 7.

Vacant. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

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15.04.100 Title 24, Part 8, California Historical Building Code.

Title 24, Part 8, the California Historical Building Code, 20222019 Edition, is hereby adopted by reference. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.110 Title 24, Part 9, California Fire Code.

Title 24, Part 9, the California Fire Code, 20222019 Edition, is hereby adopted by reference, with amendments and modifications (San Carlos Fire Ordinance).

A. Adoption of the 20212018 International Fire Code and the 20222019 California Fire Code. These codes are hereby adopted in their entirety by the City of San Carlos, for the purposes of prescribing regulations governing the conditions hazardous to life and property and for protection from fire, hazardous materials, or explosion, contained within the 20212018 International Fire Code and the 20222019 California Fire Code, Title 24, Part 9, with the exception of the following appendix chapters: A- Board of Appeals, E-Hazard Categories, F-Hazard Ranking, G-Cryogenic Fluids, J-Building Information Sign, L-Fire Fighter Air Replenishment Systems, M-High-Rise Buildings-Retroactive Automatic Fire Sprinkler Requirements , and the International Fire Code Standards, as compiled, recommended and published by the International Code Council.

One copy of said code and standards, including local amendments herein adopted and made part thereof, entitled “Amendments to the 20212018 International Fire Code with 20222019 California Fire Code Amendments” has been and is now filed with the San Carlos Building Division. The same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this section shall take effect, the provisions thereof shall be controlling within the limits of the City of San Carlos Fire Department.

Note: When sections noted in this section stipulate the IFC, this shall mean the 20212018 Edition of the International Fire Code for non-State Fire Marshal regulated occupancies. When sections noted in this section stipulate the CFC, this shall mean the 20222019 Edition of the California Fire Code, for California State Fire Marshal regulated occupancies for both building and non-building regulations.

B. Establishment and Duties of the Bureau of Fire Prevention. The International Fire Code and the California Fire Code, including International Fire Code Standards as adopted and amended herein, shall be enforced by the City of San Carlos Fire Department and managed by the City of Redwood City Fire Department (Bureau of Fire Prevention), and shall operate under the direction of the Fire Chief and the Fire Marshal of the Redwood City Fire Department. Both fire officers shall be known as the Fire Code Officials.

C. Definitions.

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1. Whenever the word “jurisdiction” is used in the International/California Fire Code, and Fire Code Standards, it is the City of San Carlos.

2. The party responsible for the enforcement of the International/California Fire Code and Fire Code Standards under the direction of the Fire Chief of the Redwood City Fire Department shall be the Fire Marshal.

3. Add the following definition:
“Fire Marshal” is the Fire Code Official of the Bureau of Fire Prevention.

Section 202 High Rise Structure Definition is hereby amended to read as follows:

High Rise Structure. Every building of any type of construction or occupancy having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access (see Section 403), except buildings used as hospitals as defined in Health and Safety Code Section 1250.

D. Appeals. Whenever the Fire Code Official disapproves an application or refuses to grant a permit applied for or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Code Official to the City Council of the City of San Carlos. For State Fire Marshal regulated occupancies, see Section 111.2.5 of the California Fire Code, Part 9, Title 24 CCR.

E. Penalties – Section 109, 20212018 IFC. Any person who shall violate any of the provisions of the code or standards hereby adopted, or fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order affirmed or modified by the Fire Code Official shall be guilty of a misdemeanor. Upon conviction, the court shall impose a fine not less than five hundred dollars or more than one thousand dollars or imprisonment for not less than one hundred eighty days or both.

Notwithstanding any other provision of the code adopted in this section, whenever violation of any section contained in the code adopted in this section is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute said misdemeanor may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint.

The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

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1. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

2. Due to the potential danger of the hazardous materials regulated under the International/California Fire Code, any person, firm, or corporation who violates any of the provisions of the International/California Fire Code shall be liable for civil penalties not exceeding five hundred dollars per day for the first ten days; and one thousand dollars per day for the next twenty days; and five thousand dollars for each day after twenty. This shall apply to each violation.

3. In addition to the penalties set out in this section, any condition caused or permitted to exist in violation of any of the provisions of the code adopted in this section shall be deemed a public nuisance and may be summarily abated as such, and each day such condition continues shall be regarded as a new separate offense. The City of San Carlos shall also be permitted the right of recovering those funds used to mitigate continuous, unabated hazards which present a clear and present danger. The cost recovery fee shall be based on the actual hourly rate for Fire Department personnel used in gaining compliance for those in violation.

F. Text Language and Local Amendments.

1. Chapter 1: Administration.
a. Section 108.1 Amended. Section 108.1 of the 20212018 IFC is amended as follows:

Appeals. In order to determine the suitability of alternate materials and types of construction, to provide for reasonable interpretations of this code, and relief by way of appeal from the granting or denial of any permit, this shall be and hereby is created a Board of Appeals consisting of members of the City Council, to pass upon pertinent matters, who shall grant such relief or make such interpretation or explanation as may be necessary and proper pursuant to the provisions of this Code. The Fire Chief shall be an ex officio member and shall act as Secretary of the Board. The Board of Appeals shall be the San Carlos City Council. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Fire Chief, with duplicate copy to the appellant, and may recommend to the executive body such new legislation consistent therewith.

Whenever the Fire Code Official/Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Code Official to the San Carlos City Council. Such appeal shall be made within thirty (30) days from the date of the decision being appealed and shall be in writing and filed with the City Clerk of the City of San Carlos. Said notice of appeal shall be accompanied by a payment of $100.00, payable to the City of San Carlos.

The notice of appeal shall:

1. Specify the substance and particulars of the decision being appealed;

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2. Show the date of the decision;

3. Be signed by the appellant or his/her duly authorized agent; and

4. Indicate the mailing address of the appellant.

Whenever a notice of appeal is filed with the City Clerk, the Clerk shall set the matter for the hearing at the earliest reasonable time and shall notify the appellant of the place, date and time for the hearing and consider the appeal.

The City Clerk shall give notice of the hearing to the appellant at least seven days prior to the time set for the hearing. Notice shall be given to the appellant by mailing said notice to the address shown on the notice of appeal.
b. Section 105.1.2 Added. Section 105.1.2 is added to the code adopted in this section and shall read as follows. Section 105.1 of the CFC is adopted as written in the 20222019 Edition of the CFC. 105.1.2 Fees and Special Requirements.

The fees for permits and other services shall be as established by resolution of the San Carlos City Council. The fees shall be set as a cost recovery for services provided by the Fire Department staff and Redwood City Fire Department Management staff to review and inspect the intended activities, operations, or functions as stipulated by section 105.1.1 and section 105.1.2 “Types of Permits.” Subsection 2, Construction Permit is adopted as written by model code. Operational Permits as indicated in section 105, subsection 105.1.2.1 is “not” adopted as written by model code for this ordinance. Section 105.1.1 is amended and enforceable as follows:
105.1.1. Construction Permits Required and Fire Clearance Inspections. 105.1.1. Permits required by this Code for construction related provisions for fire and life-safety that is under the responsibility of the fire department, shall be obtained upon approval of said construction plans and documents. This includes but is not limited to: architectural fire plan review, site plan review, automatic fire alarm systems, automatic fire sprinkler systems, automatic fire suppression systems, wildland urban intermix mitigation plans, and any other review of plans and specifications that require the approval of the Fire Code Official.
105.1.2. Fire clearance inspections are that maintenance type of fire code inspections performed to all occupancies that are under the jurisdictional enforcement powers of the City of San Carlos Fire Department.

Operational use permits “are not” issued on a regular or annual basis as per section 105.6 of the 2012 International Fire Code. Fire clearance inspections are designed to unify fire code operational use permits under one fire clearance inspection procedure, thereby; having one inspection inclusive of any potentially issued operational use permits. On a case-by-case basis, operational use permits may be issued when deemed necessary by the Fire Code Official.

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All fire construction plan check and construction permit fees and fire clearance inspection fees must be paid to the City of San Carlos Permit Center prior to engaging in the listed activities, operations or functions. A penalty for all permit payments delinquent after 30 days shall be a doubling of the original fee.

2. Chapter 3: General Fire Safety Precautions – Section 307 Amended. Section 307 of the 20212018 IFC/20222019 CFC is deleted in its entirety and is replaced by the following section:

Section 307.1 General: Open burning is strictly prohibited within the jurisdictional boundaries of the City of San Carlos. Open burning does not include approved exterior fireplaces or barbecues that are used in a safe manner, and used for cooking or warming purposes only. The Fire Chief prohibits burning of trash or vegetation, except for fire hazard reduction purposes when deemed necessary to abate an immediate fire hazard or during wildland fire suppression activities.

Section 40632406.10 is hereby added to the Fire Code to read as follows:
406.10324 Car Stackers and Car Puzzler Systems. Car stackers and car puzzler systems are defined as manual, or automatic, rack vehicle storage systems designed to park cars vertically and / or horizontally inside structures or under canopies such that the vehicles are in close proximity to one another with limited access for firefighters. The configuration of the vehicles stored in these systems presents an exposure hazard from one vehicle to another in the event of a vehicle fire.

Parking areas inside buildings or under attached canopies equipped with car stackers or car puzzler systems shall be protected from above by an automatic fire sprinkler system designed to a density of Extra Hazard Group 2. Standard coverage sidewall sprinklers, listed for Ordinary Hazard Group 2 shall be provided to protect each parking level, including the bottom levels. The maximum coverage of a sidewall sprinkler is 80 sq. ft. and the use of extended coverage sidewall heads for protection is prohibited.

The basic design area of application for the increased density fire sprinkler system protecting the car stacker or car puzzler systems shall be 2,500 square feet. The design area of application may be reduced upon approval by the fire code official but never less than 1,500 square feet if one-hour rated walls are provided between the stacker parking area and other standard parking stalls or storage areas, and the car stacker system is divided into a maximum of 1,000 square foot fire areas by one-hour rated fire barriers. Flow from all fire sprinkler heads, upright, pendant, and sidewall, at all levels, located in the design area of application, shall be included in the hydraulic calculations for the fire sprinkler system.

Car stackers and car puzzler systems installed inside structures or under attached canopies shall be provided with Manual Wet or Automatic Wet Standpipe connections at all points of access and at each parking level within the structure so that every part of the parking area is within 150 feet by hose pull of a standpipe connection.

Car stackers and car puzzler systems installed inside structures shall be provided with a mechanical smoke and heat removal system as per Section 910.4 of the California Fire Code. The smoke and heat

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removal system shall be automatically activated upon detection of fire by the fire alarm system. Section 910.4.4 is not applicable to this requirement.

Car stacker and car puzzler systems installed outside structures that are open to the environment shall be configured so as to limit fire spread from one vehicle to another and from vehicles to adjacent structures. This shall be accomplished with one-hour fire rated barriers creating a maximum of 2500 square foot fire areas between stackers or puzzlers and by providing adequate setback from adjacent structures.

Section 503.1.1 of the Fire Code is hereby amended to read as follows:

The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1. The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where any of the following conditions occur:

1.1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

1.2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

1.3. There are not more than two Group R-3 or Group U occupancies.

Section 503.2.3 of the Fire Code is hereby amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. This is defined as Asphaltic Concrete or Concrete (including pervious concrete) installed over an adequate compacted road bed to support the imposed loads (75,000 pounds) of fire apparatus. Any type of pavers, whether grouted or bedded in sand, or grass block type surfaces, are not approved for fire access roads or fire lanes.

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service systems, shall be not less than eight inches (8”) in diameter (inside measurement) provided, however, the Fire Code Official may require different sizes based on the conditions of the site, but in no case shall the fire service main be less than six inches (6”) in diameter (inside measurement).

Maintenance of privately-owned water mains, fire hydrants, or other fire service systems (collectively referred to as ‘Facilities’) shall be performed by, and be the responsibility of, the owners thereof, and the City shall assume no liability for damages to the Facilities in performing tests to, or in using, such Facilities. Appendix Table B105.1 (1) is not adopted under this ordinance. Minimum fire flow for one and two familyone- and two-family dwellings under 3600 square feet shall be 1000 gallons of water per minute with two-hour flow duration. Residual pressure shall not be less than 20 psi.Residual pressure shall not be less than 20 psi. For one and two family dwellings over 3600 square feet, the required fire flow shall be 50% of the value in Appendix Table B105.1 (2) with automatic fire sprinklers installed per Section 903.3.1.3 of the California Fire Code with a minimum flow requirement of 1000 gallons of water per minute. Appendix Table B105.2 is amended to allow a maximum reduction in required fire flow of 50% of the value in Table B105.1 (2) with a minimum fire flow of 1500 gallons per minute at 20 pounds per square inch residual pressure for buildings other than one and two familyone- and two-family residential dwellings with automatic fire sprinklers installed per Sections 903.3.1.1 or 903.3.1.2 of the California Fire Code.

Section 507.5.1.1 is hereby amended to read as follows:
507.5.1.1 Hydrant for standpipe systems and fire sprinkler systems. Buildings equipped with a standpipe system installed in accordance with Section 905 or a fire sprinkler system complying with section 903.3.1.1 shall have a fire hydrant within 50 feet (15,240 mm) of the fire department connections (FDC) located on the same side of the roadway.

Section 510.4.2.3 is hereby amended to read as follows:
510.4.2.3 Standby power. Emergency responder radio coverage systems shall be provided with dedicated standby batteries or provided with 2-hour standby batteries and connected to the facility generator power system in accordance with Section 1203. The standby power supply shall be capable of operating the emergency responder radio coverage system at 100-percent system capacity for a duration of not less than 24 hours.

Section 510.6.1 is hereby amended to read as follows:
510.6.1 Testing and proof of compliance. The owner of the building or owner’s authorized agent shall have the emergency responder radio coverage system inspected and tested annually by a fire department approved testing company or where structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of but not be limited to the following:

1. In-building coverage test as described in Section 510.5.3.

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2. Signal boosters shall be tested to verify that the gain is the same as it was upon initial installation and acceptance or set to optimize the performance of the system.

3. Backup batteries and power supplies shall be tested under load of a period of 1 hour to verify that they will properly operate during an actual power outage. If within the 1-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1-hour periods until the integrity of the battery can be determined.

4. Other active components shall be checked to verify operation within the manufacturer’s specifications.

5. At the conclusion of the testing, a report, which shall verify compliance with Section 510.5.43, shall be submitted to the fire code official.

3. Chapter 9: Fire Protection Systems and Equipment. a. Section 901.1, Scope, Amended. Add the following language to Section 901.1 of the 20212018 IFC and the 20222019 CFC:

The Fire Code Official may require additional extinguishers, and/or extinguishers of different ratings for protection of special hazards or hazardous areas. The higher ratings may be permitted if in the opinion of the Fire Code Official, they are better suited to substantially protect or mitigate the hazard(s).

Section 901.6.3 of the Fire Code is hereby amended to read as follows:
901.6.3 Records. All contractors who service, test, install and/or maintain fire protection systems within the City of Redwood City are required to enroll and utilize the approved single-point repository service to file records of all system inspections, tests, and maintenance required by the referenced standards.

This repository service shall be maintained and provided to the fire code official through a third party inspection reporting system. Fees, as applicable, will be paid directly from the contractor to the approved single-point repository service vendor.
b. Section 903.1 Amended. Section 903.2 of the code adopted in this section is deleted in its entirety and replaced by the following subsections 903.2.1.1 and 903.2.1.2:
903.2.1.1 New Construction. When the provisions of Chapter 9 of the 20212018 IFC with the 20222019 California Fire Code Amendments do not mandate automatic fire sprinkler system protection, and when the following occupancies are of new construction and the total square footage of the new building exceeds 2,500 square feet in size, or more than one-story in height, an automatic fire sprinkler system, shall be installed: Group A, Group B, Group E, (Non-public schools), Group F, Group H, Group I, Group M, and Group S occupancies.
903.2.1.2 Existing Construction. An approved automatic fire sprinkler system shall be installed in all locations of existing Group A, Group B, Group E (Non-public schools), Group F, Group H, Group I, Group M, Group R Division 2 (Hotels & Motels, only) and Group S occupancies, when the total square footage

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of the existing building exceeds 2,500 square feet in size, or is greater than one-story in height, and one or more of the following items apply:
a. Change to a more hazardous use/occupancy.
b. When the Fire Code Official determines that an automatic sprinkler system is necessary due to emergency vehicle access, fire load, occupant load or an existing condition which may hinder fire suppression efforts in the event of a fire or other perils. c. Section 903.2.8 Amended. Section 903.2.8 of the code adopted in this section is deleted and amended and replaced by the following subsections 903.2.8.1 and 903.2.8.2:
903.2.8.1 Group R, Division 1 and 2 Occupancies – New Construction.

When the provisions of Part 9, Title 24, C.C.R., 20222019 California Fire Code Section 903 does not mandate automatic fire sprinkler system protection, an approved automatic fire sprinkler system shall be installed in all new Group R-1 and R-2 occupancies. Installation of the sprinkler system shall conform to NFPA Standard 13R if the residential building is four stories or less in height and with the following additional protection:

1. Sprinklers shall be installed throughout garages, open attached porches, carports, large under-floor spaces that are of combustible construction, and accessible for storage use.

2. Sprinklers shall be installed throughout attic areas.

3. All sprinkler piping in attics shall be copper.
903.2.8.2 Group R, Division 3 Occupancies – New Construction.

An approved automatic fire sprinkler system shall be installed as per sections R313.1 and R313.2 of the 20222019 California Residential Code. Installation of the automatic fire sprinkler system shall be in accordance with NFPA 13D standards and with the following areas of the residence to be protected by automatic fire sprinklers:

1. Sprinklers shall be installed throughout garages, carports, and similar attached structures.

2. Pilot Sprinklers shall be installed in attic areas at the entry point into the attic, near heat sources, and near mechanical equipment installed in the attic.
903.2.8.2(A) Group R, Division 3 Occupancies – Existing Construction.

An approved automatic fire sprinkler system meeting the design criteria as stipulated in section 903 is required for existing Group R, Division 3 when the existing structure is demolished and is reconstructed to become a habitable space of 2,500 square feet or greater in size.

Demolished and Reconstruction means:

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1. The building has been completely torn down to the foundation; the structure is being renovated and is made uninhabitable during said renovation or reconstruction. This includes the removal or inoperability of any or all of the utilities to the building for a period of time of more than twenty-four consecutive hours. Utilities mean: water, electrical, natural gas, and sanitary sewer.

2. The structure increases height from one story to a two story single familytwo-story single-family dwelling and is greater than 2,500 square feet.

NOTE: The purpose of the residential fire sprinkler systems is to provide a life safety evacuation fire suppression system for the occupants, as to increase the survivability rate during the occurrence of a residential structure fire.

Section 903.2.23 is hereby added to the Fire Code to read as follows:
903.2.23 – Automatic Sprinkler System Requirements for Type-IV A, B, and C Construction Types.

Automatic sprinkler systems meeting section 903.3.1.1 of the fire code shall be installed throughout all new buildings built to Type-IV A, B, or C construction type. The design density for the automatic sprinkler system shall be a minimum design density of Ordinary Hazard Group-1 throughout the building regardless of use.

Section 903.4.2 is hereby amended as follows:
903.4.2 Alarms. One exterior approved audible device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler waterflow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. In addition, for automatic sprinkler systems installed under section 903.3.1.2 or 903.3.1.3, activation of all ofall the interconnected single station smoke alarms throughout the residence is required. An acceptable alternative to interconnection to the smoke alarms is the installation of horn strobe devices in locations that will provide adequate notification to all sleeping rooms. with at least one notification device per floor. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Visible alarm notification appliances shall not be required except when required by Section 907. 905.4 Location of Class I Standpipe Hose Connections. Class I standpipe hose connections shall be provided in all of the following locations:

1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at the intermediate floor landing unless otherwise approved by the fire code official.

Section 907.2.12.3.41 is hereby added to the Fire Code to read as follows:
907.2.12.3.41 Multistoried, Mid and High Rise Building Safety Requirements.

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(a) Firefighters Communications Systems: Are not allowed in lieu of an approved ERRCS, but wWhen required by the Fire Code Official, buildings six (6) or more stories in height, firefighter’s communication systems shall be installed in accordance with the following requirements:
(i) One access jack shall be provided at each stairwell landing and two (2) access jacks shall be provided in a lobby area of the building in plain view of elevator doors, and in any event at locations and according to specifications subject to the approval of the fire code official. (ii) One telephone set shall be provided at each floor of the building; provided, that such telephone sets shall be located in the lobby area at a location and according to specifications subject to the approval of the fire code official.
(iii) One additional telephone set shall be provided with not less than five hundred feet (500’) of telephone cord and shall be maintained on a roller device providing convenient portability. Said telephone set shall likewise be maintained at a location and according to specifications approved by the fire code official.
(b) Emergency Planning and Information: Buildings and occupancy groups specified in Title 19 of the California Code of Regulations, Section 3.09, and buildings with four (4) or more stories in height shall have posted a floor plan sign which shall provide emergency procedures at every stairway landing, elevator landing, and immediately inside all public entrances to the building. Information contained in the floor plan signs shall include, but shall not be limited to, the following:

1. Location of exits and fire alarm initiating stations;

2. Description of fire alarm sounds and appearance;

3. Fire Department emergency telephone number “911”;

4. Prohibition of the use of elevators during emergencies;

5. Instructions to be followed by ambulatory, non-ambulatory, and disabled persons in the event of an emergency;

6. Notation ‘you are here’ or other readily understandable marking specifying the location on the floor plan sign.

Floor plan signs shall be printed in a non-decorative lettering which shall not be less than three- sixteenths of an inch (3/16”) in height and shall provide a sharp contrast with the background. The information shall accurately depict the layout of the floor where the sign is located. Signs shall be mounted as specified by the California Building Code.
(c) Public Address System. In buildings four (4) or more stories in height, a public address system shall be installed for the exclusive use of Fire Department personnel, peace officers, or other City enforcement personnel according to specifications approved by the Fire Prevention Bureau. Controls for, and access

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to, such system shall be installed on the ground floor of the building at a location subject to the approval of the fire code official.
(d) Fire Equipment enclosure: Buildings of four (4) or more stories in height, a secure cabinet or other enclosed area shall be provided as directed by the Fire Code Official for housing fire equipment. Fire equipment required to be provided by the property owner or developer shall be at the direction of the fire code official.

Section 913.2.3 is hereby added to the Fire Code to read as follows:
913.2.3 Alternate source of power. Notwithstanding the availability of a public utility to provide electric service for a fire pump, electrically driven fire pumps shall be provided with an alternate source of power in accordance with NFPA 20 due to foreseeable extended electrical service interruptions along the California Power Grid due to high demand, high heat, Public Safety Power Shutoffs, and damage to the power grid caused by destructive natural events such as wildfires, high winds, and earthquakes.

4. Chapter 49: Requirements for Wildland-Urban Interface (WUI) Fire Areas. Section 4901.01 amended to include:

VERY HIGH FIRE HAZARD SEVERITY ZONE MAP:

The City Council hereby adopts and designates the most recent Very High Fire Hazard Severity Zones map as recommended by the Director of the California Department of Forestry and Fire Protection, and retained on file, or via the internet, and made available at the offices of the Fire Chief and Building Official of the City of San Carlos. Buildings and structures shall comply with the provisions as stipulated by the City of San Carlos Building Official and the California Building Code Chapter 7A or the California Residential Code Section R337.

5. Chapter 56: Explosives Fireworks (Pyrotechnical Special Effects Materials) – Section 5601.1 Amended. Section 5601.1 of the 20222019 CFC is amended and is replaced by the following sections:
5601.1-A: All non-professional fireworks listed by the California State Fire Marshal as “Safe and Sane” are prohibited within the jurisdictional boundaries of the City of San Carlos on a year round basis. 5601.2: All professional pyrotechnical devices used for public display, or special effects, shall be in accordance with the applicable provisions of the State of California Code of Regulations, Title 19 and the applicable sections of the State of California Fire Code. Permits for public display and/or special effects shall be obtained from the City of San Carlos. Application for a use permit shall be submitted to the Fire Department thirty days prior to the event.
(Ord. 1554 §§ 3 – 8, 2019: Ord. 1553 § 2 (Exh. A (part)), 2019: Ord.Chapter 80, 13-22, Section 27.10 of the Fire Code is hereby amended to read as follows:

Fire sprinkler systems for the protection of laboratory buildings shall be designed and installed in accordance with this standard, with a minimum design density of Ordinary Hazard Group II.

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Chapter 80, 13D-22, Section 6.2.2(2) of the Fire Code is hereby amended to read as follows:
(2) A stand-alone tank is permitted only if the following conditions are met:
(a) The pump shall be connected to a 220-volt circuit breaker shared with a common household appliance (e.g., range, oven, dryer),
(b) The pump shall be a stainless steel 220-volt pump,
(c) A valve shall be provided to exercise the pump. The discharge of the exercise valve shall drain to the tank, and
(d) A sign shall be provided stating: “Valve must be opened monthly for 5 minutes.” (e) A means for automatically refilling the tank level, so that the tank capacity will meet the required water supply duration in minutes, shall be provided.
(f) A test connection shall be provided downstream of the pump that creates a flow of water equal to the smallest sprinkler on the system. The connection shall return water to the tank. (g) Any disconnecting means for the pump shall be approved. (h) A method for refilling the tank shall be piped to the tank. (i) A method of seeing the water level in the tank shall be provided without having to open the tank. (j) The pump shall not be permitted to sit directly on the floor. (k) A stand-alone tank and pump are only allowed in areas not served by a municipal water system and only by approval of the fire code official.

Chapter 80, 13D-22, Section 8.3.4 of the Fire Code is hereby amended to read as follows:

8.3.4 Sprinklers shall not be required in detached garages, open attached porches with no habitable space above, carports with no habitable space above, and similar structures. (Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1512 §§ 3 – 8, 2016; Ord. 1470 § 1 (Exh. A (part)), 2013; Ord. 1469 §§ 3 – 8, 2013; Ord. 1432 §§ 1 – 5, 2011: Ord. 1428 § 2 (part), 2010)

15.04.120 Title 24, Part 10, California Existing Building Code.

Title 24, Part 10, the California Existing Building Code, 20222019 Edition, is hereby adopted by reference. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

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15.04.125 Title 24, Part 11, California Green Building Standards Code (CALGreen).

Title 24, Part 11, the California Green Building Standards Code (CALGreen), 20222019 Edition, is hereby adopted by reference, with the following amendments and modifications:

A. Section 202 of the Green Building Standards Code is amended to add definitions for “Electric Vehicle (EV) Capable,” “Level 1 Electric Vehicle (EV) Ready Space,” “Level 2 Electric Vehicle (EV) Ready Space,” “Electric Vehicle Charging Station (EVSC),” and “Automated Load Management System (ALMS)” to read as follows:

AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

A. ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques),Section 4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages, is modified to read as follows to include Residential Reconstruction projects:

Section 4.106.1 New one- and two-family dwellings and clothes drying, within the building or building property linestownhouses with attached private garages, and instead uses electric heating appliances for service.

AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

ALTERATION OR ALTER. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

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ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, Residential Reconstruction projects (as defined in the California Mechanical Code.

ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The conductors, including the ungrounded, grounded and equipment grounding conductors and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.

LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space.
ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit. iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes. v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.

LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

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LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

ELECTRIC VEHICLE (EV) CAPABLE. A listed electrical panel with sufficient capacity to provide a minimum 20 amperes to a designated charging space. Raceways from the electrical panel to the charging space(s) shall be installed to a charging space(s) only in locations that will be inaccessible in the future, either underground or where penetrations through walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways shall be at least 1” diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The electric panel circuit directory shall identify the overcurrent protection device space(s) reserved for EV charging as “EV CAPABLE.” Construction documents shall identify the location of the raceway from the panel to the charging space.

LEVEL 1 ELECTRIC VEHICLE (EV) READY SPACE. A complete electric circuit with a minimum 20-ampere capacity, including electrical panel capacity, overcurrent protection device, a minimum 1” diameter raceway that may include multiple circuits as allowed by the California Electrical Code, conductors, and either a) a receptacle, labelled “Electric Vehicle Outlet” with a minimum 1/2” font, adjacent to the parking space, or b) electric vehicle supply equipment (EVSE).

LEVEL 2 ELECTRIC VEHICLE (EV) READY SPACE. A complete electric circuit with a minimum 208/240 Volt, 40-ampere capacity, including electrical panel capacity, overcurrent protection device, a minimum 1” diameter raceway that may include multiple circuits as allowed by the California Electrical Code, conductors, and either a) a receptacle, labelled “Electric Vehicle Outlet” with a minimum ½” font, adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 30 amperes.

ELECTRIC VEHICLE CHARGING STATION (EVCS). One or more electric vehicle charging spaces that include the installation of electric vehicle supply equipment (EVSE) with a minimum capacity of 30 amperes connected to a circuit serving a Level 2 EV Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement.

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AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system that allows multiple EV chargers or EV-Ready electric vehicle outlets to share an electrical circuit and automatically reduce power at each charger. ALMS systems must be designed to deliver at least 1.4kW to each EV Capable, EV Ready, or EVCS space served by the ALMS. The connected amperage on-site shall not be lower than the required connected amperage per Part 11, 2019 California Green Building Code for the relevant building types.

B. Section 4.106.4 of the Green Building Standards Code is amended to read as follows:

SECTION 4

RESIDENTIAL MANDATORY MEASURES

4.106.4 Electric vehicle (EV) charging for new construction. New construction and shall comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

1.1. Where there is no commercial local utility power supply or the local utility is unable to supply adequate power.

1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for Affordable Housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.

3. Where there is evidence substantiating that meeting the requirements will alter the local utility infrastructure design requirements on the utility side of the meter so as to increase the utility side cost by more than $400 per dwelling unit for residential buildings that entirely consist of either affordable rental units, defined as units rented at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee. Residential developments meeting the above definition must have Inclusionary Housing Plan that is approved by the Housing Division pursuant to Section

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18.37.090. If costs are found to exceed this level, an applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity.

C. Section 4.106.4.1 of the Green Building Standards Code is amended to read as follows:

4.106.4.1 New one- and two-family dwellings, town houses with attached private garages. One parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space.

D. Section 4.106.4.2 of the Green Building Standards Code is amended:

4.106.4.2 New multi-family dwellings with new residential parking facilities. The following requirements apply to all new multi-family dwellings. Up to, and no more than, two dwelling unit parking spaces shall share access to one EV Ready Circuit that is within 3 feet of each parking space: Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included.

4.106.4.2.1 New Construction. Forty percent (40%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging.

Sixty percent (60%) of dwelling units with parking spaces shall be provided with at minimum a Level 1 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

1. 10% of the dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number.

2. In addition, each of the remaining dwelling units with parking space(s) shall be provided with at least a Level 1 EV Ready Space.

3. Mechanical parking systems shall have sufficient panel capacity to support 1.4kW to all50% of the mechanical parking stalls with pre-wiring to the mechanical parking system from the panel.

Note: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or one- hundred percent (100%) of parking spaces, whichever is less.Notes:

1. ALMS may be installed to decrease electrical services and transformer capacity associated with EV Charging Equipment subject to review of the authority having jurisdiction.

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2. Installation of Level 2 EV Ready Spaces above the minimum number required level may offset the minimum number Level 1 EV Ready Spaces required on a 1:1 basis.

3. The requirements apply to multi-family buildings with parking spaces including: a) assigned or leased to individual dwelling units, and b) unassigned residential parking.

4. The City of San Carlos may consider allowing exceptions, on a case by case basis, if a building permit applicant provides documentation detailing that an increased cost of utility service or on-site transformer capacity would exceed an average of $4,500 among charging spaces with Level 2 EV Ready Spaces and Level 1 EV Ready Spaces. If costs are found to exceed this level, the applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity.

E. Section 4.106.4.2.2 of the Green Building Standards Code is amended to read as follows:

4.106.4.2.2 Existing Buildings.

1. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be Level 2 EV Ready.

F. Section 4.106.4.3 of the Green Building Standards Code is amended to read as follows:

4.106.4.3 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section

4.106.4.2 shall comply with Section 4.106.4.3.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

4.106.4.3.1 Location. EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.3.1 and Section 4.106.4.3.2, Item 3

4.106.4.3.2 Dimensions. The charging spaces shall be designed to comply with the following:

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1. The minimum length of each EV space shall be 18 feet (5486 mm).

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.

4.106.4.2.2 Electric vehicle charging space (EV space) dimensions. Refer toException: Where the City of San Carlos Planning and Building Department Zoning Regulations for parking space dimension requirements are less than the minimum requirements stated in this section 4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable. .

G. Section 4.106.4.4 of the Green Building Standards Code is amended to read as follows:

4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.016.4.2 Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

H. Section 4.106.5 of the Green Building Standards Code is added and shall read as follows:

4.106.5 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.

4.106.5.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements.

Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.

Exceptions:

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1. All residential buildings except Multi-Unit Residential buildings as defined by the San Carlos Municipal Code 18.40.020 may contain non-electric indoor and outdoor Cooking Appliances and indoor and outdoor Fireplaces.

2. If an applicant establishes by substantial evidence that an All-Electric Building is infeasible for the project due to exceptional or extraordinary circumstances particular to the project, then the Building Official may grant a modification. The design professional shall submit findings demonstrating a unique reason that makes the technical code impractical, that the modification is in conformity with the intent and purpose of the technical code, the modification shall be as narrow as possible so as to effectuate as much of a reduction in natural gas as possible, and that such modification does not lessen health, life safety, and fire safety requirements or any degree of structural integrity. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with Section 4.106.5.2.

A building applicant may appeal the decision of the Building Official to the City Council. The City Council’s decision on the appeal shall be final.

3. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification.

The applicant shall comply with Section 4.106.5.2.

Note: Attached Accessory Dwelling Units and Junior Accessory Dwelling Units as defined by the San Carlos Municipal Code 18.40.020 are not considered new construction and are not subject to the All- Electric building requirements unless the alteration to the existing residence includes replacement of over 50% of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or when over 50% of the existing framing above the sill plate is removed or replaced for purposes other than repair. If either of these criteria are met within a 3-year period, measured from the date of the most recent previously obtained permit final date, that structure is considered new construction and shall be subject to the All-Electric building requirements.

4.106.5.2. Requirements for combustion equipment.

Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

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2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

FI. Section 5.106.15.3 of the Green Building Standards Code is amended to read as follows:

SECTION 5

NONRESIDENTIAL MANDATORY MEASURES

5.106.1.3 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.

5.106.1.3.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements.

Exceptions:

1. Laboratory areas with Non-Residential Buildings may contain non-electric Space Conditioning Systems. To take advantage of this exception, an applicant shall provide third party verification that the All-Electric space heating requirement is not cost effective and feasible. If the Building

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Official grants a modification pursuant to this Exception, the applicant shall comply with Section

5.106.1.3.2.

2. Non-residential buildings containing a for-profit restaurant open to the public or an employee commercial kitchen containing cooking facilities with the purpose of preparing and serving food for employees and visitors may apply to the Building Official for a modification to install gas- fueled cooking appliances. This exception does not apply to typical employee breakrooms or other self-service kitchens. This request must be based on a business-related reason to cook with a flame that cannot be reasonably achieved with an electric fuel source. The Building Official may grant this modification if he or she finds the following:

1. There is a business-related reason to cook with a flame; and

2. This need cannot be reasonably achieved with an electric fuel source; and

3. The applicant has employed reasonable methods to mitigate the greenhouse gas impacts of the gas-fueled appliance; and

4. The applicant shall comply with 5.106.1.3.2.

3. If an applicant establishes by substantial evidence that an All-Electric Building is infeasible for the project due to exceptional or extraordinary circumstances particular to the project, then the Building Official may grant a modification. The design professional shall submit findings demonstrating a unique reason that makes the technical code impractical, that the modification is in conformity with the intent and purpose of the technical code, the modification shall be as narrow as possible so as to effectuate as much of a reduction in natural gas as possible, and that such modification does not lessen health, life safety, and fire safety requirements or any degree of structural integrity. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with Section 5.106.1.3.2.

A building applicant may appeal the decision of the Building Official to the City Council. The City Council’s decision on the appeal shall be final.

4. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 5.106.1.3.2.

The Building Official shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

5.106.1.3.2. Requirements for combustion equipment.

Where combustion equipment is allowed per exceptions under Section 5.106.1.3.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

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2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

J. Section 5.106.5.3 of the Green Building Standards Code is amended to read as follows:

5.106.5.3 Electric Vehicle (EV) charging. [N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. or Section

5.106.5.3.2 to facilitate future installation and use of EV chargers of electric vehicle supply equipment (EVSE). When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:

Exceptions:

1. On a case-by-case basis where local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no commercial local utility power supply. b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

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K. Section 5.106.5.3.1 of the Green Building Standards Code is amended to read as follows:

5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared Parking SpaceOffice buildings: In nonresidential new construction buildings designated primarily for office use with parking:

5.106.5.3.1.1 New Construction. Ten percent (10%) of parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 1 EV Ready spaces. Thirty percent (30%) of parking spaces provided shall be EV Capable.

L. Section 5.106.5.3.2 of the Green Building Standards Code is amended to read as follows:1. When 10 or more parking spaces are constructed, 10% of the available parking spaces on site shall be equipped with Level 2 EVCS;

5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities.

5.106.5.3.2.1 New Construction. Five percent (5%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Twenty-five percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

M. Section 5.106.5.3.3 of the Green Building Standards Code is amended to read as follows:

5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.

5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

N. Section 5.106.5.3.4 of the Green Building Standards Code is amended to read as follows:

5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

2. An additional 10% shall be provided with at least Level 1 EV Ready Spaces; and

3. An additional 30% shall be at least EV Capable.

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Calculations for the required minimum number of spaces equipped with Level 2 EVCS, Level 1 EV Ready spaces and EV Capable spaces shall all be rounded up to the nearest whole number.

Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1” and sufficient for installation of EVCS at all required Level 1 EV Ready and EV Capable spaces; Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including Level 1 EV Ready and EV Capable spaces; and service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.

Note:

1. ALMS may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum requirements in this code. The option does not allow for installing less electrical panel capacity than would be required without ALMS.

5.106.5.3.2 Other nonresidential buildings: In nonresidential new construction buildings that are not designated primarily for office use, such as retail or institutional uses:

1. When 10 or more parking spaces are constructed, 6% of the available parking spaces on site shall be equipped with Level 2 EVCS;

2. An additional 5% shall be at least Level 1 EV Ready.

Calculations for the required minimum number of spaces equipped with Level 2 EVCS and Level 1 EV Ready spaces shall be rounded up to the nearest whole number Exception: Installation of each Direct Current Fast Charger with the capacity to provide at least 80 kW output may substitute for 6 Level 2 EVCS and 5 EV Ready spaces after a minimum of 6 Level 2 EVCS and 5 Level 1 EV Ready spaces are installed.

5.106.5.3.3 Clean Air Vehicle Parking Designation. EVCS qualify as designated parking as described in Section 5.106.5.2 Designated parking for clean air vehicles.

Notes:

1. The California Department of Transportation adopts and publishes the California Manual on Uniform Traffic Control Devices (California MUTCD) to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signs and Pavement Markings can be found in the New Policies & Directives number 13-01. www.dot.ca.gov/hq/traffops/policy/13-01.pdf.

2. See Vehicle Code Section 22511 for EV charging spaces signage in off-street parking facilities and for use of EV charging spaces.

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3. The Governor’s Office of Planning and Research published a Zero-Emission Vehicle Community Readiness Guidebook that provides helpful information for local governments, residents, and businesses. www.opr.ca.gov/docs/ZEV_Guidebook.pdf.

4. Section 11B-812 of the California Building Code requires that a facility providing EVCS for public and common use also provide one or more accessible EVCS as specified in Table 11B-228.3.2.1.

5. It is encouraged that for shared parking, EV Ready Spaces are designated as “EV preferred.”

5.106.5.3.4 [N] Identification. The raceway termination location shall be permanently and visibly marked as “EV Ready”.

Code) with attached private garages. (Ord. 1570 § 3, 2021; Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1448 § 3, 2012: Ord. 1428 § 2 (part), 2010; Ord. 1422 § 3, 2010)15.04.130

15.04.130 Title 24, Part 12, California Referenced Standards Code.

Title 24, Part 12, the California Referenced Standards Code, 20222019 Edition, is hereby adopted by reference. (Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.140 1997 Uniform Building Security Code.

The 1997 Uniform Building Security Code is hereby adopted by reference. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.150 20212018 International Property Maintenance Code.

The 20212018 International Property Maintenance Code is hereby adopted by reference, with the following amendments and modifications:

A. Section 101.1. Insert [City of San Carlos].

B. Section 103.5. Insert [First violation, $100 per violation; Second violation of the same ordinance within 36-months, $200 per violation; Each additional violation of the same ordinance within 36- months, $500 per violation].

C. Section 111. Means of appeal, is deleted in its entirety. Reference applicable San Carlos Municipal Code Section for means of appeal.

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D. Section 112.4. Insert [Two times the building permit fee], and delete “dollars or more than [AMOUNT] dollars.”
E. Section 302.4. Insert [Twelve (12) inches].

F. Section 304.14. Insert [January 1] to [December 31].

G. Section 602.3. Insert [January 1] to [December 31].

H. Section 602.4. Insert [January 1] to [December 31]. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.160 Safety Assessment Program (SAP) Placards.

The Safety Assessment Program (SAP) placards are hereby adopted and establish standard placards to be used to indicate the condition of a structure for continued occupancy. This section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point of a building or structure upon completion of a safety assessment.

A. Application. The provisions of this section are applicable to all buildings and structures of all occupancies regulated by the City of San Carlos. The City Council may extend the provisions as necessary.

B. Definitions. “Safety assessment” means a visual nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

C. Placards. The following are general descriptions of the official City of San Carlos placards to be used to designate the condition for continued occupancy for buildings or structures. The actual placards shall be in a form approved by the City Manager and substantially similar in substance to the following:

1. “INSPECTED – Lawful Occupancy Permitted” is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. This placard shall be green.

2. “RESTRICTED USE” is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions for continued occupancy. This placard shall be yellow.

3. “UNSAFE – Do Not Enter or Occupy” is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the Building Official or his or her authorized representative. Safety assessment teams shall be authorized to

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enter buildings posted with a red placard at any time. This placard shall not be used or considered as a demolition order. The individual who posts a red placard shall note in general terms the type of damage encountered. This placard shall be red.

The name of the jurisdiction, its address, and phone number shall be included on each placard posted.

Once a placard has been attached to a building or structure, it shall not be removed, altered, or covered except by an authorized representative of the Building Official, or upon written notification by the Building Official.

It shall be unlawful for any person, firm, or corporation, to alter, remove, cover, or deface a posted placard unless authorized by this section. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

15.04.170 Findings.

The following findings have been made:

A. Geologic. The City of San Carlos is located near a very active seismic area, seismic zone E (previously known as seismic zone 4). The entire City is two to seven kilometers from the San Andreas Fault, a major active fault in California.

There are five major soils types in the City from the bay to the hillsides. There is existing fill overlying unconsolidated Holocene Bay mud deposits. There is unconsolidated Holocene fine- to coarse-grained alluvial fan and basin deposits with a water table equal to or less than ten feet. There is unconsolidated Holocene fine- to coarse-grained alluvial fan deposits with a water table equal to or greater than ten feet. There are weak consolidated Pleistocene fine- to coarse-grained alluvial fan and basin deposits.

There are colluvial and landslide deposits locally overlying sandstone and bedrock units.

There are high flooding hazards in two of the five soils types and moderate flooding hazards in two of the five. There is high ground settlement potential in the area along the bay. There is high potential for seismically induced ground failure in the same area and moderate potential in the adjacent area.

There is a high potential for seismically induced ground shaking in all areas in the City. There is a high potential for liquefaction in the area adjacent to the bay and moderate potential in the adjacent area.

There is moderate potential for erosion and slope instability/landslides in approximately fifty percent of the City. Expansive soils or bedrock varies in significance in over two-thirds of the entire City.

These actions can cause great damage to structures in or on the ground. Gypsum wallboard and exterior Portland cement plaster have performed poorly during recent California seismic events. Cyclic seismic action testing has proven the limited seismic resistance of these materials.

POTENTIAL GEOLOGIC AND SEISMIC HAZARDS MAP

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Based upon these geologic findings, the City Council hereby adopts and designates the Harlan Tait Associates “Potential Geologic and Seismic Hazards Map, City of San Carlos, California” dated February 22, 1996, and Hazard Zone A and Hazard Zone B handouts, as minimum criteria to determine when a geotechnical investigation report (soils report) is required for development within the City.

B. Climatic. The local climate is characterized by markedly delineated rainy and dry seasons, which tend to maximize the expansive characteristics of soil.

C. Topography. San Carlos topography includes mountain and foothill areas. The ground elevation rises over nine hundred feet in less than one mile in much of the City resulting in large areas of unstable, steep slopes. Upgraded structural provisions are required to construct housing on these unpredictable, unstable steep slopes. Upgraded automatic sprinkler provisions are required due to approximately one- quarter of residential properties located in very high fire hazard severity zone.

D. The City Council hereby declares that it would have passed the ordinance codified in this chapter sentence by sentence, paragraph by paragraph and section by section, and does hereby declare that any provisions in this chapter are severable and, if for any reason any sentence, paragraph or section of this chapter shall be held invalid, such decision shall not affect the validity of the remaining parts of this chapter.

E. The ordinance codified in this chapter shall be published and posted according to law and shall take effect and be in force from and after thirty days after its passage and adoption. (Ord. 1553 § 2 (Exh. A (part)), 2019: Ord. 1513 § 1 (Exh. A (part)), 2016: Ord. 1470 § 1 (Exh. A (part)), 2013: Ord. 1428 § 2 (part), 2010)

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ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING SAN CARLOS MUNICIPAL CODE SECTION 15.04.110 – CALIFORNIA FIRE CODE – TO ADOPT THE 2021 EDITION OF THE INTERNATIONAL FIRE CODE AND THE 2022 CALIFORNIA FIRE CODE INCLUDING ALL ADOPTED STANDARDS AS SPECIFIED

PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND

PROPERTY FROM FIRE, HAZARDOUS MATERIALS, OR EXPLOSION, AND FOR PROVIDING

THE FIRE SAFETY INSPECTION PROCESS FOR HAZARDOUS USES OR OPERATIONS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION (SAN CARLOS FIRE ORDINANCE).

The City Council of the City of San Carlos does ordain as follows:

SECTION 1:

WHEREAS, the City Council finds that the unique characteristics of topography, geological, and climatic conditions, and the balance of residential, commercial, and industrial properties in the areas served by the San Carlos Fire Department requires adoption of the 2021 International Fire Code (IFC) and the 2022 California Fire Code (CFC) and amendments; and WHEREAS, on July 7, 2011, the City of San Carlos and the City of Redwood City entered into agreement as participating agencies for fire and emergency services; and WHEREAS, the City of San Carlos is required to formally adopt a Fire Code, and to comply with California Health and Safety Code Sections, 13143.5, 13145, and 13146, for the enforcement provisions of the California Fire Code; and
WHEREAS, the City of San Carlos currently shares fire protection services, including inspections and plan review, with the City of Redwood City and finds the need for a comprehensive San Carlos Fire Ordinance to ensure life-safety and protection for citizens and business owners of the City of San Carlos; and
WHEREAS, to promote consistency with enforcement of the Fire Code, and to make government operations more effective, the City Council desires to have a San Carlos Fire Ordinance that shares some of the same language and amendments with that of the City of Redwood City; and

WHEREAS, the City Council desires to make findings for the proposed amendments to the 2021 International Fire Code (IFC) and the 2022 California Fire Code in the San Carlos Municipal Code, Chapter 15.04, Technical Building Codes to further enhance and ensure life- safety.

SECTION 2: The City Council makes the following findings:

1. Findings.

A. Pursuant to Sections 17958.5 and 18941.5 of the California Health and Safety Code, the report contained herein is submitted as the “Findings of Fact”

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document regarding the adoption of the City of San Carlos (hereafter referred to as the City) Local Ordinance, which would adopt the 2021 International Fire Code and the 2022 California Fire Code, the International Fire Code Standards, and the below mentioned local amendments. Under this adopting ordinance, specific amendments have been established, which are more restrictive in nature than those adopted by the State of California (State Building Standards Commission), commonly referred to as the California Code of Regulations Title

24. B. These local amendments to the 2021 International Fire Code and the 2022 California Fire Code have been recognized by the City as tools for addressing the fire and life-safety hazard problem, concerns, and future direction by which the City can establish and maintain an environment, which will afford a level of fire and life-safety to all who live and work within the City of San Carlos Fire Department jurisdictional boundaries.

C. Under the provisions of Sections 17958.5 and 18941.5 of the California Health and Safety Code, local amendments shall be based upon the following conditions: Climatic, Geological, and Topographical. The “Findings of Fact” contained herein shall address each of these situations and shall present the local situation, which, either singularly or in combination, caused the established amendments to be adopted.
1) Climatic:

The areas served by the City, on average, experience an annual rainfall between 8 to 18 inches. This rainfall can be expected between October and April of each year and is based on the 100-year weather almanac. However, during the summer and early fall months there is little, if any, measurable precipitation. During this dry period, the temperatures are usually between 70°- 90° with light to gusty westerly winds.

These drying winds, mixed with the natural vegetation, which is dominant throughout the area, create a hazardous fuel condition, which further creates extensive grass and brushland fire risk. With residential developments encroaching into these wooded and grass, or brush-covered areas, wind and terrain-driven fires could have severe consequences to improved properties at risk. This has been demonstrated on several occasions in other areas of our State Fire/Rescue Aid Regions. 2) Geological:
a. Geographic Location. The area served by the City is located in San Mateo County. This area identified as being in the southern region of the county.
b. Seismic Location. The relatively young geological processes that have created the San Francisco Bay region are still active today. Seismically, the City sits along the active San Andreas Fault, and is rated as a Seismic Zone E. c. Size and population. Areas served by the Fire Department encompass approximately 6 square miles and 28,000 people.

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d. Roads and Streets. The number of vehicle miles driven is steadily increasing despite limited growth. Many older streets are narrow and steep. The impact of additional planned developments and increased traffic flow will continue to create an effect on the delivery of fire protection services. e. Soil Conditions. The City of San Carlos lays in the southern end of San Mateo County. The areas closest to the Bay are overlain by unconsolidated fine silty clay, known as Bay Mud, which varies in thickness from a few feet to as much as thirty (30) feet. Bedrock lies beneath the area at depths generally three hundred (300) feet or more. The topography is essentially flat, dropping from an elevation of eight hundred (800) feet to sea level. The slope of the city extends upwards on the western side. Slopes range from (0) degrees to more than (20) degrees on some streets.
f. Vegetation. The hilly portion of the City of San Carlos contains trees, dense brush vegetation and a heavy growth of natural grasses. The City and surrounding areas suffer several wildland fires each year.

3) Topographical:

The topographical element, as would be expected, is closely associated with the geographical element. With elevation changes in the City, development is of a geographical concern. With these changes development is, of course, following the path of least resistance; thereby creating a meandering pattern. This does not lend itself to a good systematic street and road layout, which would promote easy traffic flow. It has, in fact, resulted in few major cross-town thoroughfares, which tend to be heavily congested, primarily during commute hours and seasonal periods of the year. “Pass-through” vehicular traffic in the cities, such as the areas of the Alameda de Las Pulgas, Brittan Ave., San Carlos Ave., Edgewood Road, and El Camino Real. This increased commute time increases traffic for eastbound and westbound vehicular movement to US 101 and Interstate 280. This creates barriers, which increases the response time of fire apparatus and other emergency vehicles. The topography of the city is also being burdened by major structures.

Employment areas are throughout the city, and the people who work in these complexes have added to the traffic congestion throughout the cities, thereby increasing fire apparatus response times.

Inherent delays caused by the traffic patterns to many of these types of projects make it necessary to mitigate this problem by requiring additional built-in automatic fire protection and detection systems that provide early detection and initial control of fires until the arrival of the fire department.

As a result of the “Findings of Fact,” which identify the various climatic, geographical, and topographical elements, additional requirements as specified in the amendments to the adopting ordinance for the 2021 International Fire Code and the 2022 California Fire Code and the International Fire Code Standards by the City, are considered reasonable and necessary modifications. The experiences of several disastrous urban-wildland interface fires within Alameda, Santa Clara, San Mateo, Monterey Sonoma, Napa, and Contra Costa Counties have demonstrated the need for other fire protection features/regulations. While it is clearly understood that the adoption of such regulations may not prevent the incidence of fire, the implementation will reduce the severity and potential loss of life and property of those fires which do occur.

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SECTION 3: Adoption of the 2021 International Fire Code and the 2022 California Fire Code.

These codes are hereby adopted in their entirety by the City of San Carlos, for the purposes of prescribing regulations governing the conditions hazardous to life and property and for protection from fire, hazardous materials, or explosion, contained within the 2021 International Fire Code and the 2022 California Fire Code, Title 24, Part 9, including all Appendix Chapters with the exceptions of the following appendix chapters: A-Board of Appeals, E-Hazard Categories, F- Hazard Ranking, G-Cryogenic Fluids, J-Building Information Sign, L-Fire Fighter Air Replenishment Systems, M-High-Rise Buildings-Retroactive Automatic Fire Sprinkler Requirements, and the International Fire Code Standards, as compiled, recommended and published by the International Code Council (ICC). One (1) copy of said Code and Standards, including local amendments herein adopted and made part thereof, entitled “AMENDMENTS TO THE 2021 INTERNATIONAL FIRE CODE AND THE 2022 CALIFORNIA FIRE CODE” have been, and are now filed with the office of the Clerk for the City of San Carlos. The same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions, thereof, shall be controlling within the limits of the City of San Carlos Fire Department. Note: When sections noted in this ordinance stipulate the IFC, this shall mean the 2021 Edition of the International Fire Code for non-State Fire Marshal regulated occupancies. When sections noted in the ordinance stipulate the CFC, this shall mean the 2022 California Fire Code, for California State Fire Marshal regulated occupancies for both building and non-building regulations.

SECTION 4: Establishment and Duties of the Bureau of Fire Prevention.

The International Fire Code and the California Fire Code, including International Fire Code Standards as adopted and amended herein, shall be enforced by the City of San Carlos Fire Department, and managed by the City of Redwood City Fire Department (Bureau of Fire Prevention), and shall operate under the direction of the Fire Chief and the Fire Marshal of the Redwood City Fire Department. Both Fire Officers shall be known as the Fire Code Officials.

SECTION 5: Definitions.

3.1 Whenever the word “jurisdiction” is used in the International/California Fire Code, and Fire Code Standards, it is the City of San Carlos.

3.2 The party responsible for the enforcement of the International/California Fire Code and Fire Code Standards under the direction of the Fire Chief of the Redwood City Fire Department shall be the Fire Marshal.

3.3 Add the following definition: “Fire Marshal” is the Fire Code Official of the Bureau of Fire Prevention.

SECTION 6: Appeals.

Whenever the Fire Code Official disapproves an application or refuses to grant a permit applied for or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Code Official to the City Council of the City of San Carlos. For State Fire Marshal regulated occupancies, see section 111.2.5 of the California Fire Code, Part 9, Title 24 CCR.

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SECTION 7: Penalties-109, 2021 IFC and 2022 CFC.

Any person who shall violate any of the provisions of this code or standards hereby adopted, or fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order affirmed or modified by the Fire Code Official shall be guilty of a misdemeanor. Upon conviction, the court shall impose a fine not less than $500 dollars or more than $1,000 dollars or imprisonment for not less than 180 days or both.

Notwithstanding any other provision of this code, whenever violation of any section contained in this code is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute said misdemeanor, may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint.

1. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

2. Due to the potential danger of the hazardous materials regulated under the International/California Fire Code, any person, firm, or corporation who violates any of the provisions of the International/California Fire Code, shall be liable for civil penalties not exceeding $500 dollars per day for the first ten days; and $1,000 dollars per day for the next 20 days; and $5,000 dollars for each day after twenty.

This shall apply to each violation.

3. In addition to the penalties set out in this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated as such, and each day such condition continues shall be regarded as a new separate offense. The City of San Carlos shall also be permitted the right of recovering those funds, used to mitigate continuous, unabated hazards, which present a clear and present danger. The cost recovery fee shall be the based on the actual hourly rate for Fire Department personnel, used in gaining compliance for those in violation.

SECTION 8: Text Language and Local Amendments.

CHAPTER 1: Administration.

Section 104.10.3 is hereby added to read as follows:

104.10.3. New materials, processes, occupancies, requiring permits. The Fire Chief and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies, which shall require permits, in addition to those now enumerated in the Fire Code.

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Section 111.1, 111.2, 111.3, and 111.4. Amended.

Section 111.1, 111.2, 111.3, and 111.4 of the 2022 CFC is hereby deleted in its entirety and replaced with the following language as follows:

Appeals. In order to determine the suitability of alternate materials and types of construction, to provide for reasonable interpretations of this code, and relief by way of appeal from the granting or denial of any permit, this shall be and hereby is created a Board of Appeals consisting of members of the City Council, to pass upon pertinent matters, who shall grant such relief or make such interpretation or explanation as may be necessary and proper pursuant to the provisions of this code. The Fire Chief shall be an exofficio member and shall act as Secretary of the Board. The Board of Appeals shall be the San Carlos City Council. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Fire Chief, with duplicate copy to the appellant, and may recommend to the executive body such new legislation consistent therewith.

Whenever the Fire Code Official / Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Code Official to the San Carlos City Council. Such appeal shall be made within thirty (30) days from the date of the decision being appealed and shall be in writing and filed with the City Clerk of the City of San Carlos. Said notice of appeal shall be accompanied by a payment of $100.00, payable to the City of San Carlos.

The notice of appeal shall:

1. Specify the substance and particulars of the decision being appealed.

2. Show the date of the decision.

3. Be signed by the appellant or his/her duly authorized agent.

4. Indicate the mailing address of the appellant.

Section 105.1.2.1. Added: Section 105.1.2.1 is hereby added to the Fire Code and shall read as follows:

105.1.2.1. Fees and Special Requirements.

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105.1.2, Sub-section 1 is “not” adopted as written by model code for this ordinance.

Section 105.1.1 is amended and enforceable as follows:
105.1.1. Construction Permits Required and Fire Clearance Inspections. 105.1.1. Permits required by this code for construction related provisions for fire and life safety that is under the responsibility of the fire department, shall be obtained upon approval of said construction plans and documents. This includes but is not limited to; architectural fire plan review, site plan review, automatic fire alarm systems, automatic fire sprinkler systems, automatic fire suppression systems, wildland urban intermix mitigation plans, and any other review of plans and specifications that require the approval of the Fire Code Official. 105.1.2. Fire clearance inspections are that maintenance type of fire code inspections performed to all occupancies that are under the jurisdictional enforcement powers of the City of San Carlos Fire Department.

Operational use permits “are not” issued on a regular or annual basis as per section 105.6 of the 2019 California Fire Code. Fire clearance inspections are designed to unify fire code operational use permits under one fire clearance inspection procedure, thereby; having one inspection inclusive of any potentially issued operational use permits. On a case- by- case basis, operational use permits may be issued when deemed necessary by the Fire Code Official.

All fire construction plan check and construction permit fees and fire clearance inspection fees must be paid to the City of San Carlos Permit Center prior to engaging in the listed activities, operations, or functions. A penalty for all permit payments delinquent after 30 days shall be a doubling of the original fee.

CHAPTER 2. Definitions.

Section 202 High Rise Structure Definition is hereby amended to read as follows:

202 High Rise Structure. Every building of any type of construction or occupancy having floors used for human occupancy located more than 75 feet above the lowest level of fire department vehicle access (see Section 403), except buildings used as hospitals as defined in Health and Safety Code Section 1250.

CHAPTER 3. General Fire Safety Precautions.

Section 307. Amended: Section 307 of the 2022 CFC is deleted in its entirety and is replaced by the following section:

Section 307.1. General: Open burning is strictly prohibited within the jurisdictional boundaries of the City of San Carlos. Open burning does not include approved exterior fireplaces or barbecues that are used in a safe manner and used for cooking or warming purposes only. The Fire Chief prohibits burning of trash or vegetation, except for fire hazard reduction purposes when deemed necessary to abate an immediate fire hazard or during wildland fire suppression activities.

Section 324 is hereby added to the Fire Code to read as follows:

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324 Car Stackers and Car Puzzler Systems. Car stackers and car puzzler systems are defined as manual, or automatic, rack vehicle storage systems designed to park cars vertically and / or horizontally inside structures or under canopies such that the vehicles are in close proximity to one another with limited access for firefighters. The configuration of the vehicles stored in these systems presents an exposure hazard from one vehicle to another in the event of a vehicle fire.

The basic design area of application for the increased density fire sprinkler system protecting the car stacker or car puzzler systems shall be 2,500 square feet. The design area of application may be reduced upon approval by the fire code official but never less than 1,500 square feet if one- hour rated walls are provided between the stacker parking area and other standard parking stalls or storage areas, and the car stacker system is divided into a maximum of 1,000 square foot fire areas by one-hour rated fire barriers. Flow from all fire sprinkler heads, upright, pendant, and sidewall, at all levels, and located in the design area of application shall be included in the hydraulic calculations for the fire sprinkler system.

Car stackers and car puzzler systems installed inside structures shall be provided with a mechanical smoke and heat removal system as per Section 910.4 of the California Fire Code.

The smoke and heat removal system shall be automatically activated upon detection of fire by the fire alarm system. Section 910.4.4 is not applicable to this requirement.

Car stacker and car puzzler systems installed outside structures that are open to the environment shall be configured to limit fire spread from one vehicle to another and from vehicles to adjacent structures. This shall be accomplished with one-hour fire rated barriers creating a maximum of 2500 square foot fire areas between stackers or puzzlers and by providing adequate setback from adjacent structures.

CHAPTER 5. Fire Service Features.

Section 503.1.1 of the Fire Code is hereby amended to read as follows:

Exceptions 1.1 and 1.3 are not adopted.
503.1.1 Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

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Exceptions:

1. The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where any of the following conditions occur:

1.1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

1.3. There are not more than two Group R-3 or Group U occupancies.

Section 503.2.3 of the Fire Code is hereby amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. This is defined as Asphaltic Concrete or Concrete (including pervious concrete) installed over an adequate compacted roadbed to support the imposed loads (75,000 pounds) of fire apparatus. Any type of pavers, whether grouted or bedded in sand, or grass block type surfaces, are not approved for fire access roads or fire lanes.

Section 507.1.1 is hereby added to the Fire Code to read as follows:
507.1.1. Fire Main, Hydrant Specifications. Notwithstanding anything to the contrary contained in this Code, all water mains providing a water supply for fire protection, both to fire hydrants and to fire service systems, shall be not less than eight inches (8”) in diameter (inside measurement) provided, however, the Fire Code Official may require different sizes based on the conditions of the site, but in no case shall the fire service main be less than six inches (6”) in diameter (inside measurement). Maintenance of privately-owned water mains, fire hydrants, or other fire service systems (collectively referred to as ‘Facilities’) shall be performed by, and be the responsibility of, the owners thereof, and the City shall assume no liability for damages to the Facilities in performing tests to, or in using, such Facilities. Appendix Table B105.1 (1) is not adopted under this ordinance. Minimum fire flow for one- and two-family dwellings under 3600 square feet shall be 1000 gallons of water per minute with two-hour flow duration. Residual pressure shall not be less than 20 psi. For one- and two-family dwellings over 3600 square feet, the required fire flow shall be 50% of the value in Appendix Table B105.1 (2) with automatic fire sprinklers installed per Section 903.3.1.3 of the California Fire Code with a minimum flow requirement of 1000 gallons of water per minute. Appendix Table B105.2 is amended to allow a maximum reduction in required fire flow of 50% of the value in Table B105.1 (2) with a minimum fire flow of 1500 gallons per minute at 20 pounds per square inch residual pressure for buildings other than one- and two- family residential dwellings with automatic fire sprinklers installed per Sections 903.3.1.1 or 903.3.1.2 of the California Fire Code.

Section 510.4.2.3 is hereby amended to read as follows:

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510.4.2.3 Standby power. Emergency responder radio coverage systems shall be provided with dedicated standby batteries or provided with 2-hour standby batteries and connected to the facility generator power system in accordance with Section 1203. The standby power supply shall be capable of operating the emergency responder radio coverage system at 100-percent system capacity for a duration of not less than 24 hours.

Section 510.6.1 is hereby amended to read as follows:

510.6.1 Testing and proof of compliance. The owner of the building or owner’s authorized agent shall have the emergency responder radio coverage system inspected and tested annually by a fire department approved testing company or where structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of but not be limited to the following:

1. In-building coverage test as described in Section 510.5.3.

2. Signal boosters shall be tested to verify that the gain is the same as it was upon initial installation and acceptance or set to optimize the performance of the system.

4. Other active components shall be checked to verify operation within the manufacturer’s specifications.

5. At the conclusion of the testing, a report, which shall verify compliance with Section 510.5.4, shall be submitted to the fire code official.

CHAPTER 9: Fire Protection Systems and Equipment.

Section 901.1. Scope Amended.

Add the following language to section 901.1 of the 2019 CFC.

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official through a third-party inspection reporting system. Fees, as applicable, will be paid directly from the contractor to the approved single-point repository service vendor.

Section 903.2 of this code is hereby amended as follows:
903.2 New Construction. When the provisions of section 903.2.1 through 903.2.12 of the 2019California Fire Code do not mandate automatic fire sprinkler system protection, and when the following occupancies are of new construction and the total square footage of the new building exceeds 2,500 square feet in size, or more than one-story in height, an automatic fire sprinkler system, shall be installed in the following occupancy classifications: Group A, Group B, Group E, (Non-public schools), Group F, Group H, Group I, Group M, Group R, and Group S occupancies.
903.2 Existing Construction. An approved automatic fire sprinkler system shall be installed throughout all locations of existing Group A, Group B, Group E (Non-public schools), Group F, Group H, Group I, Group M, Group R, and Group S occupancies, when the total square footage of the existing building exceeds 2,500 square feet in size, or is greater than one-story in height, and one or more of the following items apply:
a. Change to a more hazardous use/occupancy.
b. When the Fire Code Official determines that an automatic sprinkler system is necessary due to emergency vehicle access, fire load, occupant load or an existing condition which may hinder fire suppression efforts in the event of a fire or other perils.

Section 903.2.8. Amended. Section 903.2.8 of the Fire Code is amended, and the following new sections are added:
903.2.8.(a) New Construction.

When the provisions of Section 903 of the Fire Code do not mandate automatic fire sprinkler system protection, an approved automatic fire sprinkler system shall be installed in all new Group R-1 and R-2 occupancies. Installation of the sprinkler system shall conform to NFPA Standard 13R if the residential building is four stories or less in height and with the following additional protection:

1. Sprinklers shall be installed throughout garages, open attached porches, carports, large under-floor spaces that are of combustible construction, and accessible for storage use.

2. Sprinklers shall be installed throughout attic areas.

3. All sprinkler piping in attics shall be copper.
903.2.8(b) Group R, Division 3 Occupancies – New Construction.

An approved automatic fire sprinkler system shall be installed as per sections R313.1 and R313.2 of the 2022 California Residential Code. Installation of the automatic fire sprinkler system shall be in accordance with section 903.3.1.3 (NFPA 13D) of the 2022 CFC and with the following areas of the residence to be protected by automatic fire sprinklers:

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1. Sprinklers shall be installed throughout garages, carports, and similar attached structures.

2. Pilot Sprinklers on metallic piping shall be installed in attic areas at the entry point into the attic, near heat sources, and near mechanical equipment installed in the attic.
903.2.8(c) Group R, Division 3 Occupancies-Existing Construction.

An approved automatic fire sprinkler system meeting the design criteria as stipulated in section 903.1.3 of the Fire Code is required for existing Group R, Division 3 when the existing structure is demolished and is reconstructed to become 2,500 square feet or greater in size.

Demolished and Reconstruction means:

1. The building has been completely torn down to the foundation; the structure is being renovated and is made uninhabitable during said renovation or reconstruction. This includes the removal or inoperability of any or all the utilities to the building for a period of more than twenty-four consecutive hours. Utilities mean, water, electrical, natural gas, and sanitary sewer.

2. The structure increases height from one story to a two-story single-family dwelling and is greater than 2,500 habitable square feet.

Section 903.2.23 is hereby added to the Fire Code to read as follows:
903.2.23 – Automatic Sprinkler System Requirements for Type-IV A, B, and C Construction Types. Automatic sprinkler systems meeting section 903.3.1.1 of the fire code shall be installed throughout all new buildings built to Type-IV A, B, or C construction type. The design density for the automatic sprinkler system shall be a minimum design density of Ordinary Hazard Group-1 throughout the building regardless of use.

Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Visible alarm notification appliances shall not be required except when required by Section 907.

Section 905.4 is hereby amended to read as follows:
905.4 Location of Class I Standpipe Hose Connections. Class I standpipe hose connections shall be provided in all the following locations:

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Section 907.2.12.3.4 is hereby added to the Fire Code to read as follows:
907.2.12.3.4 Multistoried, Mid- and High-Rise Building Safety Requirements. (a) Firefighters Communications Systems: Are not allowed in lieu of an approved ERRCS, but when required by the Fire Code Official, buildings six (6) or more stories in height, firefighter’s communication systems shall be installed in accordance with the following requirements:
(i) One access jack shall be provided at each stairwell landing and two (2) access jacks shall be provided in a lobby area of the building in plain view of elevator doors, and in any event at locations and according to specifications subject to the approval of the Fire Code Official.
(ii) One telephone set shall be provided at each floor of the building, provided that such telephone sets shall be in the lobby area at a location and according to specifications subject to the approval of the Fire Code Official. (iii) One additional telephone set shall be provided with not less than five hundred feet (500’) of telephone cord and shall be maintained on a roller device providing convenient portability. Said telephone set shall likewise be maintained at a location and according to specifications approved by the Fire Code Official.
(b) Emergency Planning and Information: Buildings and occupancy groups specified in Title 19 of the California Code of Regulations, Section 3.09, and buildings with four (4) or more stories in height shall have posted a floor plan sign which shall provide emergency procedures at every stairway landing, elevator landing, and immediately inside all public entrances to the building. Information contained in the floor plan signs shall include, but shall not be limited to, the following:

1. Location of exits and fire alarm initiating stations.

2. Description of fire alarm sounds and appearance.

3. Fire Department emergency telephone number “911”.

4. Prohibition of the use of elevators during emergencies.

5. Instructions to be followed by ambulatory, non-ambulatory, and disabled persons in the event of an emergency.

6. Notation ‘you are here’ or other readily understandable marking specifying the location on the floor plan sign.

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(c) Public Address System. In buildings four (4) or more stories in height, a public address system shall be installed for the exclusive use of Fire Department personnel, peace officers, or other City enforcement personnel according to specifications approved by the Fire Prevention Bureau. Controls for, and access to, such system shall be installed on the ground floor of the building at a location subject to the approval of the fire code official.
(d) Fire Equipment enclosure: Buildings of four (4) or more stories in height, a secure cabinet or other enclosed area shall be provided as directed by the Fire Code Official for housing fire equipment. Fire equipment required to be provided by the property owner or developer shall be at the direction of the Fire Code Official.

Chapter 49. Requirements for Wildland-Urban Interface (WUI) Fire Areas:

Section 4901.1. Amended to include:

VERY HIGH FIRE HAZARD SEVERITY ZONE MAP:

The City Council hereby adopts and designates the most recent Very High Fire Hazard Severity Zones map as recommended by the Director of the California Department of Forestry and Fire Protection and retained on file, or via the internet, and made available at the offices of the Fire Chief and Building Official of the City of San Carlos. Buildings and structures shall comply with the provisions as stipulated by the City of San Carlos Building Official, the California Building Code Chapter 7A, or the California Residential Code Section R337.

Chapter 56. Explosives Fireworks (Pyrotechnical Special Effects Materials):

Section 5601.1 Amended: Chapter 5601.1 of the 2022 CFC is hereby amended, and the following sections are added:
5601.1(a) All non-professional fireworks listed by the California State Fire Marshal as “Safe and Sane” are prohibited within the jurisdictional boundaries of the City of San Carlos on a year-round basis.
5601.1(b) All professional pyrotechnical devices used for public display, or special effects, shall be in accordance with the applicable provisions of the State of California Code of Regulations, Title 19 and the applicable sections of the State of California Fire Code. Permits for public display and/or special effects shall be obtained from the City of San Carlos. Application for a use permit shall be submitted to the Fire Department thirty days prior to the event.

Chapter 80, 13-22, Section 27.10 of the Fire Code is hereby amended to read as follows:

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Fire sprinkler systems for the protection of laboratory buildings as defined in 1.1.1 through 1.1.3 of NFPA 45 shall be designed and installed in accordance with this standard, with a minimum design density of Ordinary Hazard Group II and NFPA 45.

Chapter 80, 13D-22, Section 6.2.2(2) of the Fire Code is hereby amended to read as follows:

(2) A stand-alone tank is permitted only if the following conditions are met:

(a) The pump shall be connected to a 220-volt circuit breaker shared with a common household appliance (e.g., range, oven, dryer),

(b) The pump shall be a stainless steel 220-volt pump,

(d) A sign shall be provided stating: “Valve must be opened monthly for 5 minutes.”

(e) A means for automatically refilling the tank level, so that the tank capacity will meet the required water supply duration in minutes, shall be provided.

(f) A test connection shall be provided downstream of the pump that creates a flow of water equal to the smallest sprinkler on the system. The connection shall return water to the tank.

(g) Any disconnecting means for the pump shall be approved.

(h) A method for refilling the tank shall be piped to the tank.

(i) A method of seeing the water level in the tank shall be provided without having to open the tank.

(j) The pump shall not be permitted to sit directly on the floor.

(k) A stand-alone tank and pump are only allowed in areas not served by a municipal water system and only by approval of the fire code official.

Chapter 80, 13D-22, Section 8.3.4 of the Fire Code is hereby amended to read as follows:

8.3.4 Sprinklers shall not be required in detached garages, open attached porches with no habitable space above, carports with no habitable space above, and similar structures.

SECTION 9: Severability. That the City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 10: CEQA. The adoption of this ordinance is categorically exempt from CEQA pursuant to Section 15061(b) (3), as it is not a project which has the potential for causing a significant effect on the environment.

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SECTION 11: Effective Date. This Ordinance shall be published Pursuant to Section 36937 of the Government Code of the State of California and shall take affect and be in full force thirty (30) days after its final passage but no sooner than January 1, 2023. * * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on the 10th day of October, 2022, and passed and adopted at a regular meeting of the City Council of the City of San Carlos held on the _____day of _______2022, by the following vote:

AYES, COUNCILMEMBERS:___________________________________________________ NOES, COUNCILMEMBERS:___________________________________________________ ABSENT, COUNCILMEMBERS:_________________________________________________ _______________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos

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San Carlos City CouncilOctober 10, 2022

San Carlos City Council
October 10, 2022