Agenda packet — San Carlos City Council, October 24, 2022

CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
October 24, 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
a. Led by Boy Scout Troop 321.

3. CHANGES TO THE ORDER OF THE AGENDA

4. REPORT FROM CLOSED SESSION

5. PRESENTATIONS
a. Present Proclamations to Anthony Lee, Luke Maxwell, Will Maxwell and Nick Wacha from Boy Scout Troop 321, Upon Receiving Their Eagle Scout Award.

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 September 26, 2022 City Council Regular Meeting Minutes. c. Authorize the City Manager to Sign the Letter Prepared by Staff in Response to the 20212022 San Mateo County Civil Grand Jury Report “A Delicate Balance Between Knowledge and Power: Government Transparency and the Public’s Right to Know.”
d. Adopt a Resolution Approving the Reclassification of the Accounting Technician II Position to Accountant, Approving the New Classification Specification for the Accountant Position, Amending the Confidential Group Salary and Benefits Resolution, and Appropriating $41,850 from the Unassigned General Fund Balance to Fund the Reclassification.
e. Adopt Ordinance 1589 Amending and Modifying San Carlos Municipal Code Chapter 15.04 Technical Building Codes to Adopt the 2022 California Building Code Series and Adopt Ordinance 1590 Adopting the 2021 Edition of the International Fire Code with the 2022 California Fire Code Amendments.

9. NEW BUSINESS
a. Consideration of Adopting a Resolution Approving and Appropriating a OneTime Grant to CORA (Community Overcoming Relationship Abuse). b. Consideration of Adopting a Resolution Authorizing the City Manager to Execute a Change in the Income Classification of Two Below Market Rate (“BMR”) Moderate Income Units Located at 1001 Laurel Street (Units #225 and #418) with the Intent to Resell Once Eligible, LowIncome Buyers are Identified and Qualified.

10. PUBLIC HEARING
a. Consideration of Introducing an Ordinance Amending San Carlos Municipal Code Chapter 8.20 Explosives, Amending its Title, Adding Provisions for Regulation, Fines, and Penalties for Possession and Use of Fireworks, and Increasing the Penalties for Explosives.

11. 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.

12. 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 24, 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
a. Led by Boy Scout Troop 321.

3. CHANGES TO THE ORDER OF THE AGENDA

4. REPORT FROM CLOSED SESSION

5. PRESENTATIONS
a. Present Proclamations to Anthony Lee, Luke Maxwell, Will Maxwell and Nick Wacha from Boy Scout Troop 321, Upon Receiving Their Eagle Scout Award.

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

11. 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.

12. 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. 2 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
October 24, 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
a. Led by Boy Scout Troop 321.

3. CHANGES TO THE ORDER OF THE AGENDA

4. REPORT FROM CLOSED SESSION

5. PRESENTATIONS
a. Present Proclamations to Anthony Lee, Luke Maxwell, Will Maxwell and Nick Wacha from Boy Scout Troop 321, Upon Receiving Their Eagle Scout Award.

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

11. 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.

12. 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. 3 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
October 24, 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
a. Led by Boy Scout Troop 321.

3. CHANGES TO THE ORDER OF THE AGENDA

4. REPORT FROM CLOSED SESSION

5. PRESENTATIONS
a. Present Proclamations to Anthony Lee, Luke Maxwell, Will Maxwell and Nick Wacha from Boy Scout Troop 321, Upon Receiving Their Eagle Scout Award.

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

11. 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.

12. 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.

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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 26, 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: Adam Aronson, Economic Development and Housing Manager Nil Blackburn, Assistant City Manager
Sajuti Haque, Senior Management Analyst
Steven Machida, Public Works Director
Jeff Maltbie, City Manager
Crystal Mui, City Clerk
Cristian Padilla, Economic Development Coordinator
Lisa Porras, Planning Manager
Dave Pucci, Deputy Fire Chief
Gregory Rubens, City Attorney
A
l Savay, Community Development Director

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

2. PLEDGE OF ALLEGIANCE
Mayor McDowell led the Pledge of Allegiance.

3. CHANGES TO THE ORDER OF THE AGENDA
City Mana ger Jeff Maltbie removed item f – on-call legal services agreements, from the Consent Calendar for additional staff review.

4. PRESENTATIONS
a. Receive an Annual Update from the Community Foundation of San Carlos.

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Jessica Yang, Vice President of the Community Foundation of San Carlos, provided a report on the Foundation’s work in the previous year, and Michael Campbell, President of the Foundation, spoke on their strategic planning process.

5. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS

Mayor McDowell thanked community members who volunteere d at yesterday’s Day of Service and commended staff for their work on the event.

6. PUBLIC COMMENT
Miles Hampton, resident, spoke on the need to pave the streets on Montgomery Street.

Mayor McDowell directed staff to follow-up with Mr. Hampton on his comment.

Ellyn Dooley, resident, spoke on the need for updates to the City’s Reach Code.

Mary Beth Byko wsky,
Outreach Analyst with the California Department of Insurance, provided an update from their agency and noted an emergency preparedness and wildfire virtual town hall they’re hosting tomorrow.

Anna Axiaq, resident, requested Council repaint the crosswalk at Industrial across from Melodic Remedy and consider adding a crosswalk light. She also inquired about the plans involving a local automotive transmission business going out of business.

Mayor McDowell requested staff follow-up with Ms. Axiaq on her comments. 7 7. CONSENT CALENDAR

Mayor McDowell reminded Council that item f - on-call legal services agreements, was pulled from the Consent Calendar. She recused herself from item e - Fire Station 16 Replacement Project, as she lives within close proximity.

RESULT: Adopted [Unanimously] City Council Consent Calendar items ‘a’ - ‘d’ and ‘g’.

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

a. Motion to Waive Reading of All Ordinances.

b. Approve Minutes of August 22, 2022 City Council Regular Meeting.

c. Adopt a Resolution Amending the City of San Carlos' Conflict of Interest Code.

Resolution 2022-100

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d. Adopt a Resolution Accepting the 2022 Sewer System CCTV Inspection Project C1736; and Authorizing the Public Works Director to Issue and Record a Notice of Completion. Resolution 2022-101

e. Adopt a Resolution Awarding the Fire Station No. 16 Replacement Project C9823; Authorizing the City Manager to Execute a Public Projects Agreement with Beals Martin & Associates, Inc. of Redwood City, CA in the Amount of $9,269,311; and Authorizing an Expenditure of Contingency up to the Project Budget.

RESULT: Adopted [4 – 0 – 1] Resolution 2022-102 Awarding the Fire Station No. 16 Replacement Project C9823; Authorizing the City Manager to Execute a Public Projects Agreement with Beals Martin & Associates, Inc. of Redwood City, CA in the Amount of $9,269,311; and Authorizing an Expenditure of Contingency up to the Project Budget.

MOVER: Laura Parmer-Lohan
SECONDER: Adam Rak
AYES:

NAYS:

ABSTAIN:

Dugan, Collins, Parmer-Lohan, Rak
None
McDowell

Adopt a Resolution Authorizing the City Manager to Execute Agreements for Professional Services for On-Call Legal Services with Burke, Williams & Sorensen, LLP and Goldfarb & Lipman LLP, Each for an Amount Not to Exceed $200,000 and a Term of Two Years with the Option to Extend the Term by One Year.

g. Adopt a Resolution Accepting the San Carlos Avenue Eucalyptus Tree Removal Project C1722; and Authorizing the Public Works Director to Issue and Record a Notice of Completion. Resolution 2022-103

8. PUBLIC HEARING

a. Consideration of Adopting a Resolution Establishing the Child Care Development Impact Fee Levels for New Nonresidential Developments in San Carlos and Adopting the Updated Child Care Impact Fee Nexus Study Prepared by Economic & Planning Systems Inc. for the City of San Carlos dated September 9, 2022.

Senior Management Analyst Sajuti Haque provided background on the Child Care Development Impact Fee. Consultant Ashleigh Kanat presented on the Development Impact Fee levels and the updated Nexus Study and responded to Council questions.

Public Comment
None.

RESULT: Approved [Unanimously] to Close the Public Hearing.

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

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RESULT: Adopted [Unanimously] Resolution 2022-104 Establishing the Child Care Development Impact Fee Levels for New Nonresidential Developments in San Carlos and Adopting the Updated Child Care Impact Fee Nexus Study Prepared by Economic & Planning Systems Inc. for the City of San Carlos dated September 9, 2022.

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

9. STUDY SESSION

a. Review Draft 2023- 2031 Housing Element Prior to Submittal to State Department of Housing and Community Development.

Planning Manager Lisa Porras provided background on the Housing Element, shared staff’s outreach efforts, presented the draft housing element , spoke on the proposed development at 1785 San Carlos Avenue, and reviewed next steps.

Council recessed at 8:53 PM and reconvened at 9:02 PM.

Ms. Porras, Community Development Director Al Savay, City Attorney Greg Rubens, and MIG Consultants Lisa Brownfield and Genevieve Sharrow responded to Council questions.

Public Comments
Gary Baldocchi, resident, expressed concerns regarding zoning and flooding.

Mark Olbert, resident and former San Carlos Mayor and Councilmember, posed various housing questions.

Louis Boris, resident, posed questions and expressed concerns for the proposed 1785 San Carlos Ave. development.

Sean Peters, resident, expressed concerns with the development at 1785 San Carlos Ave. and provided suggestions to reduce its impact to Carmelita Drive and wildlife.

Paul Magginetti, resident, expressed concern s with the proposed changes ’ impact on density bonus.

Debbie Baldocchi, resident, expressed concerns with the proposed H ousing Element’s impact on density bonus and the proposed development at 1785 San Carlos Ave.

Greg Walker, resident, expressed concerns with the 1785 San Carlos Ave. development.

Ben Fuller, resident, expressed frustration with proposed changes to the Housing Element.

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Gina Vandellos, resident on behalf of her neighbor - Cathy, spoke on her concerns with the development and its impacts.

Carolyn Savage, resident, expressed concerns with the proposed requirements for parking, setback and window placements.

Jennifer Rosse, resident, expressed concerns with the proposed changes and requested Council to follow the East Side Vision.

Jeff, resident, expressed concern with the changes proposed.

Tim Hilborn, resident, commented that the housing assessments are inaccurate and requested Council to suspend sending the draft Housing Element to the state until the housing predictions are addressed. He provided suggestions for Council to consider.

Dimitri Vandellos, resident and President of the Greater East San Carlos Neighborhood Association, provided (with the use of visual aid) a comparison between the current Housing Element and the proposed changes, and expressed his concerns.

RESULT: At 10:22 PM, Approved [Unanimously] to Extend the Meeting to 11:15 PM.

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

Raquel Rendon-Walker, resident, expressed concerns with the potential impacts of the proposed changes.

Damon Belanger, resident, expressed concerns for zoning changes in east San Carlos.

Council provided the following feedback to staff:

- clarify that Action #6 under HOU-4.2 pertains to the building wall stepbacks of a project, not the lot line setbacks
- be mindful of flooding concerns
- incorporate Climate Mitigation Adaptation and Bicycle and Pedestrian Master Plans in this process
- clarify the current creek setback of 25 ft. from top of creek bank remains in place
-
provide additional clarification and information to the community on single family transitional standards, including specific setbacks
- in support of staff’s recommendation to remove 1785 San Carlos Ave property from the proposed housing opportunity sites list
- do not eliminate retail on the ground floor; allow the completed Downtown Plan Specific Plan project to unfold and address any potential changes - Provide Council with an update on changes to the August 30th Draft Housing Element that will be sent to the State Department of Housing and Community Development for review
- Preserve the existing height limits for MU-N-40, except along E. San Carlos Avenue where it can be 35 ft. and still accommodate the density adjustment

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- Add 880-888 El Camino Real sites into the proposed housing opportunity sites list

10. AGENDA SETTING

None.

11. ADJOURNMENT

The meeting adjourned at 11:11 PM.

Crystal Mui,
City Clerk

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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 24, 2022
ITEM TITLE: Authorize the City Manager to Sign the Letter Prepared by Staff in Response to the 2021-2022 San Mateo County Civil Grand Jury Report “A Delicate Balance Between Knowledge and Power:

Government Transparency and the Public’s Right to Know.” RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to sign a letter in response to the 2021-2022 San Mateo County Civil Grand Jury Report titled “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know”.

FISCAL IMPLICATIONS:

There are no fiscal implications associated with this action.

BACKGROUND:

On August 9, 2022, the 2021-2022 San Mateo County Civil Grand Jury (“Grand Jury”) issued a report titled “A Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know.” (“Report), enclosed as Attachment 2. Per the letter received from the Superior Court (Attachment 3), the City of San Carlos is required to submit comments on the findings and recommendations pertaining to the matters over which it has some decision-making authority within 90 days. The City’s response to the report is due to the Honorable Amarra A. Lee no later than November 9, 2022.

ANALYSIS:

The Grand Jury made five findings and five recommendations in its Report and requested that the City of San Carlos respond only to Finding 2 and Recommendation 4. Attachment 1 to this staff report is a letter prepared by staff to respond to the Grand Jury’s Report, and includes the proposed response:

Finding 2: The city uses a commercially available software application that includes a web portal enabling the public to easily request records and track their disposition.

Response: The City of San Carlos implemented such software in November of 2021. https://cityofsancarlos-ca.nextrequest.com/

Recommendation 4: By June 30, 2023, the City Council should direct staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.”

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Response: This recommendation has been implemented. Every year, the City Clerk’s office reviews hardcopy records stored offsite to determine which records are ready for destruction (pursuant to the City’s records retention schedule). Records that are ready for destruction are prepared and properly destroyed.

Additionally, for the past decade, staff has made great strides in digitizing its historical records, making it easier to not only access records remotely, but to keep on top of the City’s records retention schedule.

Staff will continue to review its records management practices and make further enhancements to the process as necessary.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Authorize the City Manager to Sign the Letter Prepared by Staff in Response to the 2021-2022 San Mateo County Civil Grand Jury Report “A Delicate Balance Between Knowledge and Power: Government Transparency and the Public’s Right to Know.”; or

2. Provide staff with alternative direction.

Respectfully submitted by:

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

1. Proposed Letter in Response to Grand Jury Report

2. Grand Jury Report

3. SMC Superior Court Letter 8.9.22

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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 “A Delicate Balance between Knowledge and Power:

Government Transparency and the Public’s Right to Know.” This response was approved by the San Carlos City Council at its regular public meeting of October 24, 2022.

Finding 2: The city uses a commercially available software application that includes a web portal enabling the public to easily request records and track their disposition.

Response: The City of San Carlos agrees with the finding. Such software was implemented in November of 2021. https://cityofsancarlos-ca.nextrequest.com/ Recommendation 4: By June 30, 2023, the City Council should direct staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.”
Response: This recommendation has been implemented. Every year, the City Clerk’s office reviews hardcopy records stored offsite to determine what records are ready for destruction (pursuant to the City’s records retention schedule). Records that are ready for destruction are prepared and properly destroyed.

Additionally, for the past decade, staff has made great stride in digitizing its historical records, making it easier to not only access records remotely, but to keep on top of the City’s records retention schedule.

Staff will continue to review its records management practices and make further enhancements to the process as necessary.

Respectfully submitted,
___________________________
Jeff Maltbie, City Manager

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2021-22 San Mateo County Civil Grand Jury 1

A Delicate Balance between Knowledge and Power:

Government Transparency and the Public’s Right to Know

Release Date: August 9, 2022

Issue Summary Background Discussion Findings Recommendations Request for Responses Methodology Bibliography Appendices Responses

ISSUE

The California Public Records Act requires that inspection or disclosure of governmental records be available to the public upon request. How do the cities in San Mateo County meet the requirements of this Act?

SUMMARY

The California Public Records Act (PRA) is an essential tool for the public to find out what their government agencies are doing. It’s one of the freedom of information laws enacted in every state in the Union to ensure that the public can witness the actions of their governments. The PRA’s purpose is to promote government transparency in California.

Fifteen years ago, the 2006-2007 San Mateo County Civil Grand Jury’s report, “Electronic Communication Among City Officials: A Valuable Tool in Need of Careful Guidance,” addressed the rise in local governments’ use of electronic forms of communication between elected and appointed officials.1 As it observed, these valuable and efficient tools can quickly disseminate information, and they can constitute public documents subject to public disclosure.

Reviewing that Grand Jury’s report alerted the 2021-2022 San Mateo County Civil Grand Jury to the potential that cities may be facing increased complexity and potential burdens in the processing of requests for public records.

The Grand Jury sought to understand how San Mateo County’s 20 cities respond to PRA requests, including:
 Cities’ policies and procedures for handling requests;  The types of records requests they receive;
 The training of key employees, elected officials, and appointed officials about PRA- related matters; and
 How legal changes may impact cities with regard to fulfilling PRA requests.

1 2006-2007 San Mateo County Civil Grand Jury, Electronic Communication among City Officials: A Valuable Tool in Need of Careful Guidance
https://sanmateocourt.org/documents/grand_jury/2006/ElectronicCommunicationfinal.pdf, retrieved June 9, 2022.

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2021-22 San Mateo County Civil Grand Jury 2
While the PRA does not require cities to adopt a formal policy, the Grand Jury sought to identify the cities that have written policy or procedure documents and the methods cities use to process the public’s requests. It also wanted to learn how key staff keep up to date with changes in PRA law. Failing to comply with these laws can subject a city to litigation and, more importantly, lead to erosion of the public’s trust.

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

1. Consider directing staff to create a written PRA procedures document for circulation to all relevant staff.

2. Consider directing staff to perform a cost/benefit analysis regarding the purchase of commercially available public records request software.

3. Consider directing staff to place information about how to access public records on the home page of their official website.

4. Consider directing staff to create a submittable online PRA request form.

5. Consider directing staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.”

BACKGROUND

Two centuries ago, James Madison wrote these words:

“A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”2

He further asserted, “Knowledge [is] the only Guardian of true liberty.”3

John Moss, a California member of the U.S. House of Representatives, used Madison’s quote to generate support for a bill he was introducing in Congress. In 1967, after a 12-year struggle, he was finally successful in passing the Federal Freedom of Information Act (FOIA). It served as the model for California’s similar Public Records Act enacted one year later.

The California Public Records Act was signed into law by Governor Ronald Reagan in 1968 and acknowledges one simple concept – that secrecy is contrary to a democratic system of “government of the people, by the people, and for the people”. Specifically, the PRA declares

2 Letter from James Madison to W.T. Barry (August 4, 1822), in The Writings of James Madison (Gaillard Hunt ed.).
3 Letter from James Madison to George Thomson (June 30, 1825) ( on file with The James Madison Papers at The Library of Congress).

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2021-22 San Mateo County Civil Grand Jury 3
that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state”.4

Every state has some form of freedom of information law that governs public access to state and local government documents.5 In addition, every state has some form of a “Sunshine Law” or “Open Meetings” law that requires public access to meetings of public legislative bodies.

California’s Ralph M. Brown Act is such a Sunshine Law.6 Passed in 1953, it guarantees the public’s right to attend and participate in meetings of local legislative bodies. The PRA and the Brown Act are California’s primary laws intended to promote government transparency.

What are Public Records?

The PRA defines the term “public records” as any “writing containing information relating to the conduct of the public’s business that is prepared, owned, used, or retained by a state or local agency regardless of physical form or characteristics.”7 Thus, a “writing” is not simply a hand- written or printed document; writings include an ever-broadening range of communications including audio and video recordings, emails, photos, drawings, computer data, and more.8

The agencies that hold these public records, and are subject to the PRA, include every county, city, town, school district, special district, police and fire department, commission, and board in California.9 Certain private entities that carry out public functions using funding from a local agency may also be subject to the PRA. The PRA applies to nearly every public agency one can imagine except for the Legislature and the courts.10

A public record refers to information that has been recorded or maintained by a public agency.

Typical examples of records that the public might request include:
 Property records,
 Building permits,
 Business registrations
 Employee compensation information
 Financial documents
 Code enforcement records
 Public works documents, and
 Police records.

4 California Government Code, Section 6250 (2021).
5 FOIA Advocates, State Public Records Laws. http://www.foiadvocates.com/records.html Retrieved May 11, 2022 6 CA Govt Code § 54950 et seq.
7 CA Govt Code § 6252(e).
8 CA Govt Code § 6252(g).
9 CA Govt Code § 6252(f). Excluded from the definition of state agency are those agencies provided for in article IV (except section 20(k)) and article VI of the Cal. Constitution. 10 The Legislature has its own sunshine law, Gov. Code, § 1070. Most court records are disclosable under a number of legal decisions and the First Amendment of the U.S. Constitution.

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Merely addressing a question to a local agency official or employee is not sufficient to constitute a public records request under the PRA. “What time do the lights go off at the neighborhood park?” Or “Why are there so many potholes on my street?” are not public records requests.

However, a request to see the contract for the vendor who installed the lights or paved the street would be a public records request.

The Form of PRA Request

The PRA ensures that all persons must receive equal access to public records. “Persons” can be corporations, partnerships, homeowners’ associations, and the media.11 Simply put, every person has the right to inspect public records, and no one type of person has a greater right of access to public records than any other person.12

Because the intent of the law is to enable easy access to public records, it is expansive in the available ways requests may be made. The request can be made in writing or orally, by physical or electronic means, remotely or in person. Persons making a PRA request are not required to explain the reason for the request.13

Public records are to be open for inspection during office hours at the local agency. To preserve the orderly function of their offices, agencies may establish reasonable policies for the inspection and copying of records. If the request asks for copies of documents, the agency is required to respond within ten days to determine whether they have disclosable records in their possession and to notify the person making the request of that determination. The agency must then make the records “promptly” available.14

An agency may extend the normal ten-day requirement for responding whether it has any disclosable documents for up to 14 additional days under certain circumstances.15 For example, if the agency needs to search through and collect a voluminous number of records or to consult with another agency with an interest in the requested records, such an extension is available.

The agency is required to assist the requester who is having difficulty making a focused and effective PRA request.16 And while the request may be burdensome, that burden alone is not sufficient to justify noncompliance. However, the agency is also not required to perform a “needle in a haystack” search for records.17 Additionally, a PRA request only applies to records that exist at the time of the request, not for records to be created in the future.

11 CA Govt Code § 6252(c); Connell v. Superior Court (Intersource, Inc.) (1997) 56 Cal.App.4th 601. 12 CA Govt Code § 6252.5; Los Angeles Unified School Dist. v. Superior Court (2007) 151 Cal.App.4th 759; Dixon v. Superior Court (2009) 170 Cal.App.4th 1271, 1279.
13 CA Govt Code § 6250; California. Constitution, Article. I, Section 3. 14 CA Govt Code § 6253(c).
15 CA Govt Code § 6253(c)(1-4).
16 CA Govt Code § 6253.1.
17 Cal. First Amend Coalition v. Superior Court (1998) 67 Cal. App. 4th 159, 166.

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Widespread Use of Electronic Communications

The public’s business increasingly relies on electronic communications. Email, social media postings, video and audio recordings, and the use of personal devices have created enormous volumes of public records for cities. In a case with broad consequences related to PRA requests, City of San Jose v. Superior Court of Santa Clara County (2017), the California Supreme Court ruled that communications carried out using a personal account or device were disclosable if the communication was related to the conduct of public business.18

For example, such a PRA request might be for all communications between city officials and a vendor that was granted a city-awarded contract. The search for responsive records could include reviewing all the emails, voice mails, and texts between the parties for relevant material, including on officials’ personal devices. This can be problematic since this communication, especially if voluminous, could require attorneys to determine what might be non-disclosable for reasons of privacy or privilege. In Getz v County of El Dorado (2021), a California appeals court ruled that El Dorado County’s unsubstantiated claim that a PRA request was overly broad and burdensome was not a valid reason for denial of records. The court explained that establishing that a request is overly burdensome requires more than the vague prospect of having to review lots of records. The County was ultimately compelled to produce over 40,000 email records.19

Law Enforcement Records

In recent years the most publicized form of an electronic record has been police body-cam footage. Landmark legislation has broadened PRA access to law enforcement records, including a limited subset of these audio and video recordings. On January 1, 2019, SB 1421 became law.

Called the Peace Officers: Release of Records bill, it requires law enforcement agencies to make records (including body-cam footage) related to certain serious officer use of force incidents, sexual assault, and acts of dishonesty available under the PRA.20 Police unions have filed multiple challenges to the law asserting concerns about officers’ privacy, retroactivity of the law, and the cost of producing records.21 These challenges have been consistently denied by courts.22 And in January 2022, SB 16, became effective. This new law now requires additional police disciplinary records, involving allegations of discrimination, unlawful arrest, and cover-ups of excessive force by fellow officers, to be made available under the PRA.23

18 Latham & Watkins, Client Alert Commentary, https://www.lw.com/thoughtLeadership/california-supreme-court- government-communications-on-private-accounts-are-public, retrieved May 11, 2022. 19 Getz v. The Superior Court, 72 Cal.App.5th 637, 287 Cal. Rptr. 3d 722 (Cal. Ct. App. 2021) https://law.justia.com/cases/california/court-of-appeal/2021/c091337.html, retrieved June 1, 2022. 20 CA Penal Code § 832.7 and § 832.8.
21 Voice of San Diego, A Brief History of Police Challenges. https://voiceofsandiego.org/2019/06/10/brief-history- of-police-challenges-and-losses-sb-1421/, retrieved March 18, 2022. 22 JD Supra, Another SB1421 Decision Against Law Enforcement. https://www.jdsupra.com/legalnews/another-sb- 1421-decision-against-law-45114/, retrieved March 18, 2022. 23 BBK Attorneys at Law, SB 16 Compliance Expanded Public Access. https://www.bbklaw.com/News- Events/Insights/2021/Legal-Alerts/12/SB-16-Compliance-Expanded-Public-Access-to-Law-Enf, retrieved March 18, 2022.

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Methods of Handling Requests

The PRA does not mandate any specific method for agency handling of records requests. Some local agencies simply monitor the process manually using an internally created document. Many other agencies now use commercially available software that links to information on their public websites. Often marketed to city clerks through professional organizations, such as the City Clerks Association of California, these software applications offer solutions to manage large portions of the PRA request process.

These applications can:
 Manage intake of requests through a public portal;
 Provide an automated response of receipt to the person making a request;  Alert agency staff to deadlines;
 Promote coordination across departments;
 Gather records and track their production to person making a request;  Provide tools to redact information; and
 Display and store responsive records.

The software enables anyone making a PRA request to see the status of their request through a portal. It also enables cities to make both the request and the records responsive to the request visible to the public.

Fees

An agency may charge a fee for costs of complying with the PRA, but only for the direct costs of making copies of responsive records – typically a nominal fee per page of paper copies. Since today most records are produced and delivered to the requester electronically, many responsive records are cost-free to the requesting party.

In National Lawyers Guild v. City of Hayward (2019), the California Supreme Court held that an effort by the city to charge $3,000 for labor related to redacting requested bodycam footage was not permissible as a “data extraction” cost.24 With this decision, the Court reaffirmed that local agencies may not charge for ancillary costs such as the labor required to retrieve documents or the inspection and handling of files.25

Voter-approved Propositions Affecting the PRA

In 2004, voters overwhelmingly passed Proposition 59, the “Public Records, Open Meetings Legislative Constitutional Amendment.” It essentially adds a “sunshine” amendment to the Declaration of Rights section of the California Constitution (similar to the U.S. Constitution’s

24 Reporters Committee, National Lawyers Guild v City of Hayward. https://www.rcfp.org/briefs- comments/national-lawyers-guild-v-hayward-california-supreme-court, retrieved June 14, 2022. 25 BBK Attorneys at Law, California Public Records Act Update. https://www.bbklaw.com/news-events/insights/2021/legal-alerts/01/california-public-records-act-update, retrieved March 16, 2022.

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Bill of Rights) stating, “The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”26

Proposition 42, the “Public Records. Open Meetings. State Reimbursement to Local Agencies.

Legislative Constitutional Amendment” was approved by voters in 2014. It was the result of a dispute over a controversial bill that would stop local governments from being required to follow key provisions of the PRA. The State legislature had considered the bill to be a budget move, since at that time it was required to reimburse local governments for complying with some aspects of records requests. The backlash over the signing of this bill caused the legislature to rescind it and put the matter before the voters as a constitutional amendment. When it passed, by a 62% yes vote, it required local governments to comply with the PRA without being reimbursed by the State for the cost of public access to records.”27 The full financial burden of compliance with the PRA now falls entirely on local governments.

Exemptions

While the PRA states that “the people” have the right to know what their government is doing, clearly circumstances arise where a balance must be achieved between the public interest and individual privacy rights. The PRA contains at least 76 express exemptions, for matters as diverse as library circulation records, copyright protected building plans, and medical and personnel records.28 In some instances a public document may not be considered exempt but may contain private information such as social security numbers and home addresses. Those specific portions will be redacted before release to the public.

Government Code section 6254 specifies a large number of exemptions under the PRA. Several of the more notable exemptions are listed below:

 Records Not in Existence
The agency is under no obligation to create records where none exist; agencies are not required to provide records that may be produced in the future relevant to the original request.

 Disclosure of records exempted by Federal or other State law Records shielded from disclosure by existing state or federal law, such as individual health records, are not accessible using the PRA.

 Public Interest Test and Deliberative Process Privilege Agencies may withhold certain records if they can demonstrate that the public interest served by not disclosing the record clearly outweighs the public interest served by its disclosure.

26 Cal. Const., Art I, § 3, subd. (b)(1)
27 Cal. Const., Art. I, § 3, subd. (b)(7)
28 CA Govt Code § 6254

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 Preliminary Drafts
Preliminary drafts, notes, or memos not normally preserved in the course of business are exempt.

 Attorney Client Communications
Confidential communications between lawyers and clients, and attorney work product, are exempt from disclosure.

 Pending Litigation
Records pertaining to pending litigation or claims to which a public agency is a party until the litigation or claim has been finally adjudicated or otherwise settled.

 Personal Information
This exemption is intended to protect the confidentiality of personnel, medical or other similar files which would constitute an unwarranted invasion of personal privacy.

 Trade Secrets
Businesses engaged in public contracts are not required to disclose their trade secrets in response to a PRA request.

Recourse When Responsive Documents Are Not Produced

If a local agency has unlawfully refused to disclose a public record, a person may ask a judge to enforce their rights under the PRA. This enforcement is primarily through a special, expedited civil judicial process.29 The PRA provides specific relief in the form of court costs and attorneys’ fees when an agency unlawfully denies access or copies of public records.

Conversely, a local agency cannot bring an action for relief to determine its obligation to disclose records.30 That would require the person requesting documents to defend a civil action and discourage them from requesting records in the first place. It would frustrate the central purpose of the act and the constitutional amendments specifically designed to provide access to information.

The PRA is an indispensable tool for the responsible exercise of democracy in California.

Government transparency, accountability and effectiveness depend on how our local agencies handle the information they create and are entrusted with maintaining. A changing legal framework, the ubiquity of electronic records, new communications technologies and the treatment of their related records, and the public’s demonstrated desire for “open government” present significant challenges to the efficient handling of PRA requests for the cities in our county.

29 CA Govt Code § 6258 and 6259.
30 Filarsky v. Superior Court (2002) 28 Cal.4th 419, 426.

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DISCUSSION

As stated above, the PRA applies to all of the public agencies in San Mateo County. To narrow the focus of our investigation, the Grand Jury opted to concentrate on the 20 cities, including their police and other departments, and the committees and commissions formed by those cities.

Survey Respondents
The Grand Jury began by sending a survey to the 20 city managers in the County (a copy of the survey appears in Appendix A). It asked six questions related to the processing of public records requests, policies and procedures used, and the PRA training of staff and officials. In most cases (13 of 20) the responses came from city clerks who are responsible for maintaining a city’s public records. Some of the clerks perform multiple roles for their cities, reflected in some cases (15%) by an additional job title. The following graphic illustrates the various job titles of survey respondents.

In two cities, the city clerk position is determined by public election; in the remainder of the cities, clerks are appointed by the city manager. Our investigation found that the city clerk is typically the official primarily responsible for the acknowledging receipt of a PRA request, tracking it through the city’s internal processes, and delivering correspondence and responsive records to the person submitting the request.31

The Grand Jury conducted follow-up interviews with representatives of all 20 cities, confirming their survey responses and gathering additional information. We asked the cities to provide written documentation of their PRA policies and procedures, if any exist. Fourteen cities replied that they had existing policies or procedures and supplied them to the Grand Jury. We also conducted in-depth interviews with five selected cities.32 These cities were chosen to give us a cross section sample based on city population, method of tracking, and volume of requests. The

31 In one city, the city attorney assumed most of this role, but even there the city clerk was in volved in the process. 32 Belmont, Daly City, San Bruno, San Mateo, and South San Francisco

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Grand Jury notes that respondents from all 20 cities were entirely cooperative and knowledgeable about their city’s PRA request procedures.

Documentation of PRA Policies and Procedures

The PRA does not require local agencies to create policies or documentation of how they receive, route, track, and fulfill records requests. When the Grand Jury asked respondents and interviewees to provide documentation describing how they handled PRA requests, we learned that six cities had no such documentation.33 In some cases, the documentation received from the remaining 14 cities was simply a description of the PRA’s requirements (perhaps supplied to staff for training for information). The Grand Jury also received documents such as the city’s internal procedures, as well as some that were formal policies signed and dated by the city manager. In interviews, all respondents could describe their processes.

The documentation received and reviewed by the Grand Jury varied widely. Atherton’s document is a colorful presentation defining the PRA and describing what is and isn’t a public record.

33 Grand Jury survey (December 2021) Belmont, Daly City, Half Moon Bay, Hillsborough, Menlo Park, and Woodside.

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It generally outlines city staff’s role in responding to a request. In contrast, Redwood City’s document is an administrative policy detailing the purpose and scope of how they respond to PRA requests. It notes specific types of records such as political reform act records and requests for electronic communications. It also specifies that the document will be reviewed every two years. Copies of the PRA documentation provided by Atherton and Redwood City can be found in Appendix B.

The Grand Jury noted that some cities relied on an individual staff member (city clerk or city attorney) to respond to records requests. In the event of illness, vacation, resignation or other interruption of service, no documentation exists to guide replacement personnel.

Written PRA policies or procedures provided to the Grand Jury typically covered subjects such as:
 The purpose of the PRA;
 Resources for PRA training;
 The steps in processing a request; and
 Specific staff responsibilities.

Website Portals

The Grand Jury found that while cities do receive PRA requests in various ways - submitted in- person at city offices, by telephone, and postal mail - they are most frequently submitted via email. We found that 16 of the 20 city websites included a portal containing a submittable form for the filing of a PRA request and four cities had no such form.34

Every city website somewhere provides instructions on how to make a PRA request. Some have links to those instructions on the home page, but most require steps to navigate to it. In some cases, the Grand Jury found broken links indicating inconsistencies in the level of maintenance of the PRA related pages. Some city websites simply instruct the public to send a public records request to the city clerk and provide contact information including an email address, a phone number, or a physical address at which to file.

34 Belmont, Brisbane, Hillsborough, and Portola Valley.

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Example of Easy and Accessible PRA-Information on a City Website

The website for the City of South San Francisco provides easily accessible information regarding PRA requests. The home page includes a “Public Records Request” link.

Clicking on the link brings up a page full of useful titles including how to make a request, the city’s PRA policy, who can make a request, and tips to expedite requests.

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Clicking on “Public Records Request” takes the user to a third-party public records web application where they can search by request reference number, track the status of a previous request, view a public archive, and submit a new request.

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Tracking a Public Records Request

Since the PRA mandates specific deadlines for public agencies to respond to a public records request, the ability to track submissions is vital in order to ensure legal compliance.35 All cities informed the Grand Jury that they track PRA requests, utilizing a variety of methods to do so.

Regardless of the specific method used by a city, the workflow is generally as follows.

Ten cities, which were generally smaller and field fewer requests, reported that they track PRA requests manually using an Excel spreadsheet or similar internal document.36 These documents

35 CA Govt Code § 6253(c).
36 Atherton, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Hillsborough, Portola Valley, San Bruno, and Woodside as of May 16, 2022.

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require manual data entry and maintenance by staff. For example, see San Bruno’s spreadsheet at Appendix C. While these cities indicated general satisfaction with their current methods of tracking, one city was actively seeking proposals from commercial software vendors and others were considering doing so. Appendix D shows such a vendor’s proposal.

The ten other cities, including most of the larger ones, use third-party software that automates the handling of PRA requests.37 These cities use one of two software applications.38 In interviews, staff generally expressed satisfaction with both products, citing their effectiveness and efficiency. Pricing of these applications will vary based on the configuration and storage options selected. One city indicated a desire to purchase software but cited the city’s budget constraints.

Another city noted that the cost was prohibitive for a city of their size and volume of requests.

Volume of Requests

Thirteen cities reported receiving more than 100 PRA requests in the past year. Two cities reported receiving fewer than 50 requests, while one city indicated that it received more than 1,600 requests for records. Another city noted a 500% increase from the previous year. All cities reported significant increases in the volume of requests received since the outset of the Covid pandemic.

Subjects of Requested Records

All 20 cities reported that the majority of the PRA requests they received were for routine records such as property-related documents, police records, public works documents, and business registrations. For example, in San Mateo, the City Clerk’s office recorded 1,695 PRA requests in the fiscal year ended June 30, 2021. The largest percentage (46%) were directed to the Community Development Department and typically asked for property records of some kind, including planning applications, building permits, blueprints, inspections, and code violations.

Requests for police records (35%) were the next most frequently requested type of record. The clerk’s office noted that the police department directly receives substantially more requests than come to the clerk through their PRA request software.

Time-Consuming Requests

The Grand Jury learned that a relatively small number of records requests are disproportionately time-consuming to fulfill. In particular, requests for communications records may fall into this category. The request may require a broad search of all relevant communications created and stored on electronic devices, including employees’ cell phones and laptops. Recently, Portola Valley received what was characterized as a “massive” PRA request for “all town communications regarding the housing element since July 1, 2021, including communications among elected officials, staff, consultants or members of the committee, like emails and text

37 Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Carlos , San Mateo, and South San Francisco as of May 16, 2022.
38 GovQA, If You Have a Public Records Problem. https://www.govqa.com/solutions/public-records-software/ Retrieved May 16, 2022, and NextRequest, The All-In-One Open Records Request Platform. https://www.nextrequest.com/, retrieved May 16, 2022.

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messages, including on personal devices.”39 The request was the result of a potential change to the town’s zoning laws to allow for more dense housing in one residential neighborhood.

Several cities reported to the Grand Jury that on rare occasions a disgruntled citizen or ex- employee has intentionally crafted a detailed records request intending to be time-consuming and annoying for the city. One respondent reported that the search and review of electronics communications in response to one request took months to complete, due to the number of responsive records and the broad search of multiple devices.

Training

State law does not mandate training for those implementing its provisions. City clerks often attend training through annual City Clerks Association of California conferences and other professional associations.

Half of the cities interviewed by the Grand Jury mandate formal PRA training for their key employees. Others offer training but do not mandate it, while some cities have no formal arrangements for PRA training at all.40 Training, if offered, is conducted by the city attorney. In

39 Angela Swartz, “‘Massive’ public records request escalates battle over Portola Valley's housing element,” Almanac, March 21, 2022.
https://www.almanacnews.com/news/2022/03/21/massive-public-records-request-escalates-battle-over-portola- valleys-housing-element, retrieved June 9, 2022.
40 Burlingame, Portola Valley, and Woodside.

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our investigation, respondents agreed that formal training for key city employees would make the handling of records requests more efficient and consistent.

Twelve cities informed the Grand Jury that they provide PRA training for their appointed and elected officials. This training is also typically provided by the city attorney, sometimes with the assistance of the city clerk. Eight cities reported that they do not offer specific PRA training to such officials, but some noted that their training in Brown Act compliance includes PRA training content.41

While the PRA does not include criminal penalties for noncompliance with its provisions, civil actions, as described earlier, may be filed and cities can be liable for court costs and attorneys’ fees.

Increasing Efficiency in Records Request Processing

Some cities have demonstrated how commonly requested records can be made available to the public without formal PRA requests.

Making public records available online is a convenient and efficient mechanism for both the requester and the municipality. Cities generally do this for many common records, such as meeting agendas for public meetings (which are legally required to be posted publicly).42 At the time of this investigation, some cities, such as San Carlos, also posted many records online.

Using the search term “public records” on the San Carlos city website brings up “Records

41BBK, Attorneys at Law, Summary of the Major Provisions and Requirements of the Ralph M. Brown Act. https://www.bbklaw.com/bbk/media/library/pdf/major-provisions-and-requirements-of-the-brown-act.pdf, retrieved June 9, 2022.
42 CA Govt Code § 54954.2.

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Available Online for Your Easy Access,” which connects to records such as budgets, building permits, and public works documents.

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The Half Moon Bay website offered a “Document Center” containing more than 2,000 city documents going back a decade.

Several cities noted that they often receive requests for the same records repeatedly. For example, this can occur when a sought-after property is offered for sale and brokers, architects, attorneys, and potential buyers are doing their due diligence. Cities using commercially provided software applications, or that post public records as do San Carlos and Half Moon Bay, can reduce the number of such duplicative PRA requests.

Records Management

Proper records management policies and practices facilitate effective compliance with the PRA.

Having better control of these records makes their timely and appropriate production more accurate and efficient. All cities in the County reported having records retention schedules that determine what documents must be retained and for how long. For example, in South San Francisco, leases for city owned properties must be kept in hard copy for the current year plus two-years. Board and commission resolutions must be kept permanently (a copy of the records retention schedule for South San Francisco is at Appendix E).

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The City of San Mateo reported a unique method for encouraging city staff in one element of the effective management of public records. There, the city clerk held a “Records Clean Up Day” (related materials are contained in Appendix F). During this event employees are tasked with:
 Reducing the number of duplicate records;
 Preparing records for off-site storage;
 Imaging and indexing electronic records; and
 Identifying electronic records eligible for destruction.

The retention life cycle of various records determined how different categories of documents are handled. The program was designed to create an enjoyable environment around these tedious tasks by employing a food truck, encouraging casual dress, creating contests with prizes, and printing T-shirts commemorating the day. The program included an on-site shred truck, and the city attorney was available for consultation.

In an email to the Grand Jury, a city staffer wrote, “In addition to elevating the employee understanding that these public records are an asset of the city (just like the vac truck, fleet, and streets) …we have a duty to manage and maintain them well; reinforce the policy and procedures we have adopted; and let’s face it, maintaining records can become back burner in the flurry of day-to-day needs and requests. Setting aside time to honor the need, accomplish an objective and then celebrate it – keeps it more in the forefront of the mind and honors the importance of the public’s records.” 43

43 Grand Jury correspondence April 26, 2022.

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Law Enforcement Records

Some cities reported receiving significant numbers of requests for police records. All such requests were forwarded directly to city police departments or the County Sheriff’s Office (for those cities contracting for police services).44 Law enforcement agencies typically employ a records manager tasked with responding to public records requests. In some cities the disposition of these requests was reported back to the city clerk for inclusion in their tracking systems; in others, the city clerk had no knowledge of the status of a police records request. The Grand Jury did not investigate how these requests for law enforcement records were handled in compliance with the PRA. It is of note that most law enforcement records are exempted from the Public Records Act pursuant to Government Code Section 6254(f).

FINDINGS

F1. The city has no written documentation of its PRA policy and internal procedures, making it more likely that requests could be handled inconsistently.

F2. The city uses a commercially available software application that includes a web portal enabling the public to easily request records and track their disposition.

F3. Information about how to access public records requires multiple clicks to find on the city’s website, which hinders the public’s access to public records.

F4. The City of San Mateo implements a Records Cleanup Day with the purpose of increasing employee understanding of the need to effectively maintain public records, thereby improving PRA request responsiveness.

F5. The city has no PRA request form online, making public access to public records less efficient.

RECOMMENDATIONS

R1. The city council should direct city staff to consider and report back by June 30, 2023, on the creation of a written PRA policy or procedures document for circulation to all relevant staff.

R2. The city council should direct city staff to consider performing a cost/benefit analysis and report back by September 1, 2023, on the purchase of commercially available public records request software.

R3. By June 30, 2023, the city council should consider directing city staff to place information about how to access public records on the home page of the city’s official website.

R4. By June 30, 2023, the city council should direct city staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.”
R5. By June 30, 2023, the city council should direct city staff to create, on the city clerk’s page of its website, a submittable PRA request form.

44 Contracting cities are Half Moon Bay, Millbrae, San Carlos, Woodside, and Portola Valley.

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REQUEST FOR RESPONSES

Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the selected city and town councils as follows (x):

City F1 F2 F3 F4 F5 R1 R2 R3 R4 R5
Atherton x x x x x
Belmont x x x x x x x x
Brisbane x x x x x x
Burlingame x x
Colma x x
Daly City x x x x
East Palo Alto x x
Foster City x x
Half Moon Bay x x x x x
Hillsborough x x x x x x x
Menlo Park x x x x x
Millbrae x x
Pacifica x x
Portola Valley x x x x x x
Redwood City x x x
San Bruno x x x x x
San Carlos x x
San Mateo x x
South San Francisco x x
Woodside x x x x x

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.

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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.
(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 therefor.

METHODOLOGY

Through examination of surveys, interviews, the documentation provided by the cities, a demonstration of third-party software, and a site visit, the Grand Jury studied how cities respond to public records requests, and how they keep up with changes in the law.

Survey
 The Grand Jury developed an online survey consisting of six questions and a request for copies of their PRA policies and procedures.
 The survey was sent to all 20 city managers in the County and various respondents completed the survey.
 We then followed up with a brief phone interview to confirm the responses received from those completing the survey, and to request written policy and procedures documents and records retention policies.

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2021-22 San Mateo County Civil Grand Jury 24
Documents
The Grand Jury reviewed:
 Policy and procedure documents from all cities that indicated having them.  Records retention policies from several cities.
 Proposals and contracts for third-party software received from various vendors  Marketing material of third-party software vendors
 Research on best practices in records management

Site Tour
 GJ conducted a site visit to the San Bruno City Attorney’s office.  San Mateo conducted a virtual demonstration of their third-party software.

Interviews
 The Grand Jury conducted further interviews with city attorneys, city clerks and city managers based on those with written policies or procedures documents, training of key employees and elected and appointed officials (advisory bodies), number of public records requests received per year, and those with an elected city clerk.

Web Sites
 The official websites of the 20 cities in the County were reviewed to assess the ease in locating information relating to public records, the methods of submission of a public records request, as well as users’ direct access to commonly requested public records.

BIBLIOGRAPHY

 League of California Cities (Revised April 2017). The People’s Business: A Guide to the California Records Act. Sacramento, CA.
 League of California Cities. “Open and Public V: A Guide to the Ralph M. Brown Act.” Accessed May 24, 2022. https://www.calcities.org/docs/default-source/city- attorneys/open-public-v-revised-2016.pdf?sfvrsn=995414c9_3.  Best Best & Krieger. “The Engineering of Public Records Processing.” December 2021 Accessed May 24, 2022. https://www.calcities.org/docs/default-source/city-clerks-new- law-and-elections-seminar---session-materials/the-engineering-of-public-records- processing.pdf.
 Californians Aware (2004). Top 10 Points to Remember about Exemptions from the California Public Records Act. Carmichael, CA.
 GovQA. “Best Practices for Fulfilling Public Records Requests.” Accessed May 11, 2022. www.GovQA.com-best-practices-fulfilling-public-records-requests.

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2021-22 San Mateo County Civil Grand Jury 25
 NextRequest. “Current Issues Affecting Public Records Request Management.” https://www.nextrequest.com/blog/current-issues-affecting-public-records-request- management, accessed May 11, 2022.
 Stephan A. Barber. “The California Public Records Act: The Public’s Right of Access to governmental Information.” 7 Pac.L.J. (1976). Accessed May 24, 2022. https://scholarlycommons.pacific.edu/cgi/viewcontent.cgi?article=2423&context=mlr  California Government Code – GOV Title 1, Division 7, Chapter 3.5, Sections 6250 - 6276.50 Inspection of Public Records.
 Ballotpedia. “Transparency Checklist”. https://ballotpedia.org/Transparency_checklist.

Accessed June 7, 2022

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2021-22 San Mateo County Civil Grand Jury 26

LIST OF APPENDICES

Appendix A – The Grand Jury Survey Results

Appendix B – PRA Policies and Procedures: Atherton and Redwood City

Appendix C – San Bruno PRA Request Log

Appendix D – GovQA Proposal for Services

Appendix E – South San Francisco Retention Schedule

Appendix F – City of San Mateo’s Clean-Up Day Staff Plan and Flyer

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2021-22 San Mateo County Civil Grand Jury 27

APPENDIX A
The Grand Jury Survey Results

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2021-22 San Mateo County Civil Grand Jury 29

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APPENDIX B
PRA Policies and Procedures: Atherton and Redwood City

Atherton: https://www.sanmateocourt.org/documents/grand_jury/2021/Appendix B - PRA PAP Atherton.pdf
Redwood City: https://www.sanmateocourt.org/documents/grand_jury/2021/Appendix B - PRA PAP Redwood City.pdf

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APPENDIX C
San Bruno PRA Request Log
(sample page with requester names removed)

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APPENDIX D
GovQA Proposal for Services

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APPENDIX E
South San Francisco Records Retention Schedule 2016

https://www.sanmateocourt.org/documents/grand_jury/2021/Appendix E - SSF Retention Schedule 2016.pdf

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APPENDIX F
City of San Mateo’s Clean-Up Day Staff Plan and Flyer

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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 24, 2022
ITEM TITLE: Adopt a Resolution Approving the Reclassification of the Accounting Technician II Position to Accountant, Approving the New Classification Specification for the Accountant Position, Amending the Confidential Group Salary and Benefits Resolution, and Appropriating $41,850 from the Unassigned General Fund Balance to Fund the Reclassification.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution to approve the reclassification of the Accounting Technician II position to Accountant, to approve the new classification specification for the Accountant position, to amend the Confidential Group salary schedule, and to appropriate $41,850 from the General Fund annually for this position.

FISCAL IMPLICATIONS:

Reclassification of the Accounting Technician II position (which cost $141,900) to the newly created Accountant position (which will cost $183,750), will require an additional $41,850 from the General Fund annually. There are sufficient funds available in the General Fund Unassigned Fund Balance to cover this request.

BACKGROUND:

This item is coming before the Council per Chapter 2.44.050 of the City’s Municipal Code, which states that revision to a position classification must be adopted by Council Resolution.

The Accounting Technician II position was adopted by the Council in 2001. An essential function of this position is to prepare and maintain the City’s payroll information. Over the last six years, this position was recruited four times, out of which two employees stayed for less than a year. Recruiting for and retaining employees for the Accounting Technician II position has been a challenge.

ANALYSIS:

Due to the high turnover rate in this position, staff is recommending upgrading this position from Accounting Technician II to Accountant. In addition, as a part of succession planning, this position is created as a layer between the Accounting Technician I/II and the Senior Accountant position to offer growth opportunities.

The new classification specification includes general accountant duties such as posting, balancing, and reconciliation of the general ledger and subsidiary accounts and assistance with

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quarterly and annual financial reporting, with an emphasis on payroll responsibilities.

The Accountant position is a journey level position in the accountant job series. It is distinguished from the Accounting Technician I/II position in that the incumbent is capable of performing the full range of accountant duties including processing payroll. It differs from the Senior Accountant position in that the senior position performs and is responsible for more complex accounting work and projects. This position is under the direction of the Financial Services Manager.

The proposed Accountant position will be in the Confidential Group.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution to approve the reclassification of the Accounting Technician II position to Accountant, to approve the new classification specification for the Accountant position, to amend the Confidential Group salary schedule, and to appropriate $41,850 from the General Fund annually for this position; or

2. Do not adopt a Resolution; or

3. Provide staff with alternative direction
Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. Accountant Classification Specification

3. Confidential Group Wage Schedule (Appendix A to Confidential Salary & Benefit Reso)

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RESOLUTION NO. 2022 – ____

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

APPROVING THE RECLASSIFICATION OF THE ACCOUNTING TECHNICIAN II POSITION

TO ACCOUNTANT, APPROVING THE NEW CLASSIFICATION SPECIFICATION FOR THE

ACCOUNTANT POSITION, AMENDING THE CONFIDENTIAL GROUP SALARY AND BENEFIT RESOLUTION, AND APPROPRIATING $41,850 FROM THE UNASSIGNED GENERAL FUND BALANCE TO FUND THE RECLASSIFICATION.

WHEREAS, recruiting for and retaining employees for the Accounting Technician II position has been a challenge; and
WHEREAS, due to high turnover rate in this position, staff is recommending upgrading this position from Accounting Technician II to Accountant; and WHEREAS, the new classification specification includes general accountant duties such as: posting, balancing, and reconciliation of the general ledger with an emphasis on payroll responsibilities; and
WHEREAS, the reclassification of the Accounting Technician II position to the newly created position Accountant will require an additional $41,850 from the General Fund Unassigned Fund Balance; and
WHEREAS, there are sufficient funds available in the General Fund Unassigned Fund balance to cover this request; and
WHEREAS, the proposed Accountant position will be in the Confidential Group.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby approves the reclassification of the Accounting Technician II position to Accountant, approves the new classification specification for the Accountant position, amends the Confidential Group Salary and Benefit Schedule, and appropriates $41,850 from the General Fund Unassigned Fund balance to cover this request.
* * * * *
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 24th 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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0 CITY OF SAN CARLOS
ADOPTED CC: 10/24/2022
FLSA STATUS:

Non-Exempt

ACCOUNTANT

DEFINITION
Under general direction, this position performs technical and administrative accounting work, and applies accounting principles and methods in maintaining the fiscal records and systems of the City. Performs professional accounting work requiring moderate to high level of technical skills; prepares financial reports requiring knowledge of City’s financial functions, governmental accounting, and automated accounting systems; payroll preparation, processing and maintenance; and performs related duties as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Financial Services Manager. Provides direction to clerical and technical staff, but does not exercise full supervisory responsibility.

ESSENTIAL AND IMPORTANT DUTIES (Illustrative Only)
•Participate in the posting, balancing, and reconciliation of the general ledger and subsidiary accounts.
•Review, enter, and proof payroll data and issue paychecks and electronic payroll deposits. •Maintain employee payroll files.
•Prepare payroll journal vouchers, quarterly and annual reports, and reconcile payroll related benefit account balances to the general ledger.
•Consult and coordinate with the Human Resources Department as needed for payroll related matters.
•Prepare standard, budget, and adjusting journal entries. •Assist with monthly and year-end closing including account analysis and report •distribution.
•Assist with preparation of financial statements and other external financial reports. •Assist with the development of budget work papers and final document preparation. •Perform special financial studies and analysis.
•Maintain cash receipt records, accounts receivable registers, report of invoice, aging report, and other financial records.
•Maintain file of miscellaneous accounts receivable including initiation of billings, collections, and follow-up on accounts.
•Review and update contract and lease agreements for compliance and make necessary adjustments.
•Prepare payment authorization requests for the Finance Department. •Process purchase requisitions and maintain open purchase order accounts. •Maintain accounts payable registers, ledgers, and other financial records. •Reconcile accounts and reconstruct accounting record trails in order to locate and correct errors or to determine reasons for imbalances.
•Reconcile payable account balance to the balance in the general ledger. •Research and answer finance related questions from the general public and the City staff. •Assist Senior Accountant with reconciling bank statements.

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0 •Audit cash received versus cash receipts, balance cash, prepare deposit report, enter cash receipts to the financial system, and make deposits to the bank. •Prepare work papers and perform analyses in support of Annual Audit. •Provide assistance to supervisor in implementing new programs. •Assist in fixed assets accounting.
•File Federal and State wage and benefit reports, taxes and returns, and EEOC Report. •Maintain effective working relationships with City employees and with the public. •Perform other duties as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of methods, practices, and terminology used in financial record keeping; practices related to accounts payable, billing, and payroll; general office practices and equipment; business methods; government accounting system requirements and procedures; computer spreadsheet software.

Ability and skills to learn, retain, interpret, and use financial policies and procedures; prepare accurate mathematical computations and timely submission of reports; accurately maintain complex financial and statistical data and records. Efficiently operate a variety of office equipment, including computer, and calculator. Effectively and efficiently prioritize work and meet deadlines; comprehend and accurately follow brief oral and written instructions; work without direct supervision; provide effective technical supervision to clerical staff. Establish, maintain, and foster cooperative working relations with internal and external customers, expressing self clearly and concisely in both verbal and written form.

EXPERIENCE AND EDUCATION:

Any combination of experience and training that would provide the required knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be:

Experience:

Two (2) years of professional accounting or municipal finance experience.

Education:

Graduation from an accredited four year college or university with a degree in accounting, finance, business or public administration, or a closely related field.

License and Certificate
Possession of a valid California Driver License.

SPECIAL REQUIREMENTS
Position may require prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination when using a computer keyboard.

Additionally, the position requires near vision in reading correspondence, statistical data, and using a computer, and hearing and speech to communicate in person and over the telephone.

The need to lift, drag, and push files, paper, and documents weighing up to 25 pounds also is required.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

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0 WORK ENVIRONMENT
Incumbent generally works in an office setting. The noise level in the work environment is usually quiet, but can be moderately noisy. The work environment requires working in a public setting and interacting with members of the public. The incumbent may potentially be asked to work remotely, part or full time, depending on the needs of the organization.

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Page 1 of 1 ends

CITY OF SAN CARLOS

APPENDIX A

CONFIDENTIAL GROUP

WAGE SCHEDULE
Effective July 5, 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5*
Hourly
Administrative Assistant $34.58 $36.31 $38.13 $40.03 $42.04 Management Analyst $44.04 $46.25 $48.55 $50.99 $53.53
Monthly
Executive Assistant $7,074 $7,428 $7,800 $8,190 $8,601
Human Resources Management Analyst $7,945 $8,345 $8,761 $9,200 $9,659 *Actual salary may be at or below this maximum at the discretion of the City Manager Effective July 4, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5*
Hourly
Accountant (effective 10/24/22) $43.71 $45.89 $48.19 $50.60 $53.13 Administrative Assistant $35.62 $37.40 $39.27 $41.23 $43.30 Management Analyst $45.36 $47.63 $50.01 $52.51 $55.14
Monthly
Executive Assistant $7,286 $7,651 $8,034 $8,435 $8,859
Human Resources Management Analyst $8,184 $8,595 $9,024 $9,476 $9,949 *Actual salary may be at or below this maximum at the discretion of the City Manager

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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 24, 2022
ITEM TITLE: Adopt Ordinance 1589 Amending and Modifying San Carlos Municipal Code Chapter 15.04 - Technical Building Codes - to Adopt the 2022 California Building Code Series and Adopt Ordinance 1590 Adopting the 2021 Edition of the International Fire Code with the 2022 California Fire Code Amendments.

RECOMMENDATIONS:

Staff recommends that the City Council adopt the following two Ordinances:

1.Ordinance 1589 amending San Carlos Municipal Code Chapter 15.04 – Technical Building Codes – to adopt the 2022 California Building Code Series; and

2.Ordinance 1590 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.

FISCAL IMPLICATIONS:

There is no fiscal impact and no additional appropriation is needed.

Building Division and Fire Department fees will not be changed with adoption of the 2022 California Building and Fire Code series. Any costs associated with training will be covered by the Building Division’s adopted budget.

BACKGROUND:

A full copy of Ordinance 1589 and Ordinance 1590 and related staff report was provided to the City Council at its October 10, 2022 meeting, at which time the Council introduced the proposed Ordinances. The Ordinances and track changes are provided as Attachments 1 and 2.

As discussed at the October 10, 2022 meeting, staff will return to the City Council in early 2023 for a study session to review the City’s Reach Code in more detail, including the existing exceptions currently in place, and explore possible policy considerations toward electrifying existing buildings.

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

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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.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt Ordinance 1589 amending San Carlos Municipal Code Chapter 15.04 – Technical Building Codes – to adopt the 2022 California Building Code Series and adopt Ordinance 1590 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 adopt Ordinances 1589 and 1590; or

3. Provide staff with alternative direction

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Respectfully submitted by:

Chris Valley, Building Official
Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Ordinance 1589 Technical Building Codes with Chapter 15 Technical Building Codes (Redlined)

2. Ordinance 1590 Fire Code

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5 ORDINANCE NO. 1589

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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5 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 24 th day of October, 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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5 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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5 * 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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5 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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5 (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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5 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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5 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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5 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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5 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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5 (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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 (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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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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5 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

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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5 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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5 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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5 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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5 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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5 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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5 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. 1590

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” document regarding the adoption of the City of San Carlos (hereafter referred

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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.
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

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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.

SECTION 7: Penalties-109, 2021 IFC and 2022 CFC.

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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.

Section 111.1, 111.2, 111.3, and 111.4. Amended.

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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.

Section 105.1.1 is amended and enforceable as follows:

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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:
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

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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.

Exceptions:

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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 24th 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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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 24, 2022
ITEM TITLE: Consideration of Adopting a Resolution Approving and Appropriating a One-Time Grant to CORA (Community Overcoming Relationship Abuse).

RECOMMENDATION:

Staff recommends that the City Council consider adopting a Resolution to approve and appropriate a one-time grant of $50,000 from the City’s General Fund Unassigned Fund Balance to Community Overcoming Relationship Abuse (CORA) for a Speak Up Community Education Program Pilot in San Carlos.

FISCAL IMPLICATIONS:

This action would appropriate $50,000 from the General Fund Unassigned Fund Balance which has sufficient funds to cover this request.

BACKGROUND:

CORA is the only agency in San Mateo County solely dedicated to helping those affected by intimate partner abuse. It receives over 12,000 requests for services each year.

CORA offers a range of programs and services, including a/an:

1.24-Hour, Multilingual Crisis Hotline which provides trained crisis counselors who assist with crisis intervention, safety planning, emotional support, access to emergency safe houses, and community referrals.

2.Emergency Response Program which is a partnership with all of San Mateo County’s law enforcement agencies to increase victim safety and help responding officers connect survivors with counselors.

3.Housing and Advocacy Program which operates the only safe houses in San Mateo County and can provide survivors with safe housing solutions and subsidies.

4.Family-Centered Adult and Child Mental Health Services which provided multi-lingual individual and family therapy.

5.Legal Services which operates a free, Legal Line and provides legal advice, information, and referrals to community resources.

As a 501(c) (3) charitable, nonprofit organization, 71%, 14%, and 13% of CORA’s revenue comes from government grants, foundations, and individual donations, respectively.

On September 8, 2022, the San Carlos Community learned of the tragic murder of Karina Castro, a 27-year-old resident and mother of two young children. Ms. Castro’s estranged boyfriend was

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arrested on suspicion of her murder. The abhorrent nature of Ms. Castro’s murder raised the community’s consciousness about the prevalence and risks of domestic violence.

At its October 10, 2022 City Council meeting, Mayor McDowell presented a proclamation to CORA, designating October as Domestic Violence Awareness Month. After the proclamation was read, CORA’s Chief Executive Officer Karen Ferguson, Ph.D. shared a presentation with the community. During the Agenda Setting Section of the evening’s agenda, Mayor McDowell proposed, and all City Councilmember agreed, to agendize an item to consider a one-time grant to CORA that would help spread awareness about its programs to the San Carlos community.

ANALYSIS:

Since the October 10, 2022 City Council meeting, Dr. Karen Ferguson shared information about a new CORA program under development called the “Speak Up Community Education Program” with the Mayor, Vice Mayor, and City staff. (See the brief program description in Attachment 2).

The goal of the Speak Up Community Education Program (“Speak Up Program”) is to provide different types of local businesses that have regular interaction with the public (such as hairdressers, nail salons, dentists, clergy, librarians, and realtors) with training and tools to identify the signs of domestic violence in their clients and strategies to support these individuals in a safe and helpful way. The Speak Up Program Pilot is rooted in the belief that when the community is informed and empowered to offer help, it is better prepared to reduce violence.

In order to launch a Speak Up Program Pilot for those who “live, work and operate businesses in San Carlos,” CORA requested $50,000 to hire a half-time community educator, plus related administrative, programmatic, and operational expenses for one year. (See proposed budget in Attachment 3).

Since its merger with the Center for Violence Prevention and Sor Juana Ines Service for Abused Women in 2003, CORA has served as the single provider of comprehensive intimate partner abuse crisis and prevention services in San Mateo County. CORA operates several well- established programs for victims of abuse and their families. The murder of Karina Castro has highlighted the critical importance of educating the community about how to identify and address domestic abuse in our community.

By adopting a Resolution to approve and appropriate a one-time grant of $50,000 from the City’s General Fund Unassigned Fund Balance to CORA for a Speak Up Program Pilot in San Carlos, community members would become more aware of inappropriate or potentially violent behavior and how to take constructive action to help reduce violence in our community.

ALTERNATIVES:

The alternatives available to the City Council include:

1.Adopt a Resolution to approve and appropriate a one-time grant of $50,000 from the City’s General Fund Unassigned Fund Balance to CORA for a Speak Up Community Education Program Pilot in San Carlos; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction

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Respectfully submitted by:

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

1. Resolution

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RESOLUTION NO. 2022 – ____

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

APPROVING AND APPROPRIATING A ONE-TIME GRANT TO CORA
(COMMUNITY OVERCOMING RELATIONSHIP ABUSE).

WHEREAS, Community Overcoming Relationship Abuse (CORA) is the only agency in San Mateo County solely dedicated to helping those affected by intimate partner abuse; and WHEREAS, CORA offers a range of programs and services, including a 24-hour, multilingual crisis hotline, an emergency response program, a housing and advocacy program, family-centered adult and child mental health services, and legal services; and WHEREAS, as a 501(c) (3) charitable, nonprofit organization, 71%, 14%, and 13% of CORA’s revenue comes from government grants, foundations, and individual donations, respectively; and
WHEREAS, the September 8, 2022 murder of Karina Castro, a 27-year-old resident and mother of two young children, allegedly by her estranged boyfriend, has raised the community’s consciousness about the prevalence and risks of domestic violence; and WHEREAS, at its October 10, 2022 City Council meeting, Mayor McDowell presented a proclamation to CORA’s Chief Executive Officer, designating October as Domestic Violence Awareness Month; and
WHEREAS, CORA has submitted a proposal to the City for one-time funding in the amount of $50,000 to develop and implement a Speak Up Community Education Program Pilot to provide different types of San Carlos businesses with the training and tools needed to identify the signs of domestic violence among their employees and staff in order to provide support to these individuals in a safe and helpful way; and
WHEREAS, the Speak Up Community Education Program Pilot is rooted in the belief that when the community is informed and empowered to offer help, it is better prepared to reduce violence.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby approves and appropriates a one-time grant of $50,000 from the City’s General Fund Unassigned Fund balance to CORA for its Speak Up Community Education Program Pilot in San Carlos. * * * * *
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 24th day of October 2022, by the following vote:

AYES, COUNCILMEMBERS:_______________________________________________ NOES, COUNCILMEMBERS:_______________________________________________

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ABSENT, COUNCILMEMBERS:_______________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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CORA Speak Up Community Education Program

CORA proposes to deliver a tailored program for those who live, work and operate businesses in San Carlos through the agency’s Speak Up Community Education Program. This program is designed to provide local businesses with education to be effective and timely in helping their employees and customers who are impacted by domestic violence. The CORA Speak Up Community Education Program provides businesses a three-module training designed to:

(1) help them understand domestic violence;
(2) teach them how they can recognize when employees are experiencing domestic violence and what kind of help would be useful; and
(3) providing an array of strategies to help them support clients in a way that would be most helpful, given the variety of circumstances they may encounter.

In these trainings some of the content to be covered includes key concepts from the CORA’s comprehensive 40-Hour Domestic Violence Advocate Training. Sample topics will include: what is domestic violence, some of the common signs an employee or customer may be abused at home, what a business can do to support their employees and customers, DV survivor/victim rights, and resources available in San Mateo County. The trainings will be tailored to different types of businesses – for example, hairdressers, nail salons, dentists, clergy, librarians and realtors – where there is significant interaction between the business staff and customers.

CORA staff will distribute CORA brochures and other informational materials to local businesses that participate in the training so their customers have access to the materials as needed.

Businesses are important members of our community; they work with people from all walks of life who may reveal signs of domestic violence to an alert business. The Speak Up Community Education Program is rooted in the belief that collective efficacy (a process that combines the strength of relationships among community members with their willingness to intervene on behalf of the common good), is linked to reduced violence. 1 When a community is informed
and empowered it is better prepared to prevent tragic outcomes such as what we saw in September in San Carlos. An informed and empowered community has developed a collective efficacy, community members are more aware of when someone's behavior is inappropriate or threatening and are more likely to challenge it, all of which ultimately leads to less violence.2

To launch this effort in San Carlos, CORA seeks funding in the amount of $50,000 to support the hiring of a half time community educator plus related programmatic and operational expenses (see attached budget for detail.)

1 According to a 1997 study (Sampson, Raudenbush, S. W., & Earls, F.) “collective efficacy of residents is a critical means by which urban neighborhoods inhibit the occurrence of personal violence, without regard to the demographic composition of the population.”
2 Banyard, Edwards, K., & Rizzo, A. (2019). “What would the neighbors do?” Measuring sexual and domestic violence prevention social norms among youth and adults. Journal of Community Psychology, 47(8), 1817 –1833. https://doi.org/10.1002/jcop.22201

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San Carlos SpeakUp Education Program
2022-23
Request
Manager of Education (0.10 FTE) 7,384$
Speak Up Community Educator (0.50 FTE) 23,400$
Subtotal 30,784$
Taxes & Benefits (25%) 7,696$
Total Staff 38,480$
Laptop 1,400$
Cell Phone 200$
Cell Phone Service 360$
Mileage 813$
Marketing and Social Media 2,000$
Subtotal 43,253$
Administrative Support 6,747$
Grand Total 50,000$

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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 24, 2022
ITEM TITLE: Consideration of Adopting a Resolution Authorizing the City Manager to Execute a Change in the Income Classification of Two Below Market Rate (“BMR”) Moderate-Income Units Located at 1001 Laurel Street (Units #225 and #418) with the Intent to Resell Once Eligible, Low-Income Buyers are Identified and Qualified.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute a change in the income classification of two Below Market Rate (“BMR”) Moderate- Income units located at 1001 Laurel Street (Units #225 and #418) with the intent to resell once eligible Low-Income buyers are identified and qualified.

FISCAL IMPLICATIONS:

Per staff’s recommendation, the City would expend $278,047 to reclassify unit #225 to Low- Income, and $310,117 to reclassify unit #418 to Low-Income. The reclassification expenditure is determined by subtracting the Low-Income Affordable Sale Price from the Moderate-Income Affordable Purchase Price that the City paid to acquire the BMR housing units. The table below illustrates the expense to reclassify both BMR units into the Low-Income classification:

Unit # Moderate-Income Price
(120% of AMI)
Low-Income (80% of AMI)
Price
Reclassification
Expenditure
225 $493,000 $214,953 $278,047
418 $525,130 $214,953 $310,177

The units were acquired using the Housing In-Lieu Fund (“Fund 29”). If reclassified, Fund 29 will see the return of approximately $417,906 as opposed to the $1,018,130 originally used to purchase the units. Closing costs are estimated to be $12,000, resulting in a net cost of $600,224 to the Fund. Fund 29 has an available balance of approximately $13,708,085. There is no fiscal implication to the General Fund.

BACKGROUND:

BMR units #225 and #418 at 1001 Laurel Street are both one-bedroom units restricted for Moderate-Income households. Under a Moderate-Income restriction, the household income limit is set at 120% of the Area Median Income (AMI), as defined by HUD and the State.

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Each income level is defined below:
•A Very Low-Income household earns between zero and 50 percent of AMI. •A Low-Income household earns between 51 and 80 percent of AMI. •A Moderate-Income household earns between 81 and 120 percent of AMI.

City staff and the BMR certified realtor experienced difficulty finding interested and qualified buyers for both one-bedroom units under the Moderate-Income restriction because the majority of Moderate-Income households prefer housing with two or more bedrooms to accommodate family sizes. The City exercised its right to purchase both units instead of allowing the previous BMR owners to sell the units on the open market and provide the City with 50% of the profit beyond the initial purchase price. The option to repurchase the units avoided the permanent removal of BMR units from the City’s existing stock of affordable housing units and gave the City the flexibility to then resell the units at a Moderate-Income affordable price, or reclassify them at a Low-Income affordable price.

In May of 2022, the City presented the following options to the housing subcommittee:

1. Resell at a Reduced BMR Price
The City has the ability to resell at a lower price and assume the write down as a loss.

This option would result in greater parity in prices between older and newer BMR units and make the older units affordable to more households within the Low-Income range.

However, the write down would result in a loss to the City of $278,047 to reclassify unit #225 to Low-Income, and $310,117 to reclassify unit #418 to Low-Income.

2. Resell at the Existing Moderate-Income Resale Price
Staff believes that an eligible Moderate-Income household would take an extended period to identify given the difficulty experienced in previous outreach efforts.

3. Sell the Unit on the Open Market
Should the City decide to sell the units on the Open Market it could profit beyond the initial Moderate-Income Purchase Price. These monies would then be deposited into the City’s Housing In-Lieu Fund (Fund 29) for the preservation and production of Low and Moderate Income Housing.

Further, this option would permanently remove a BMR unit from the City’s existing stock of affordable housing units, which is contrary to the purpose of the City’s BMR Ordinance to encourage the development and availability of affordable housing. The loss of this BMR unit also increases the City’s unmet RHNA goals as outlined in the draft Housing Element.

As a matter of precedent and continuing City policy, losses of older BMR units will require the City to redouble efforts to encourage new affordable housing development to meet Housing Element requirements.

ANALYSIS:

Staff is recommending that the City Council approve the reclassification from Moderate-Income to Low-Income for both units (#225 and #418) since it increases the likelihood of identifying an eligible buyer and it insures no net loss of BMR units in the City’s affordable housing stock. The City will then have the ability to resell the BMR unit to a qualified, Low-Income restricted

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household. Should the City Council approve the reclassification of both units, staff will begin working with a certified BMR realtor to find interested and qualified, Low-Income restricted buyers as soon as possible.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the City Manager to execute a change in the income classification of two Below Market Rate (“BMR”) Moderate-Income units located at 1001 Laurel Street (Units #225 and #418) with the intent to resell once eligible, Low-Income buyers are identified and qualified; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

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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 A CHANGE IN THE INCOME CLASSIFICATION OF TWO BELOW MARKET RATE (“BMR”) MODERATE-INCOME UNITS LOCATED AT 1001 LAUREL STREET (UNITS #225 AND #418) WITH THE INTENT TO RESELL ONCE ELIGIBLE, LOW-INCOME BUYERS ARE IDENTIFIED AND QUALIFIED.

WHEREAS, the City of San Carlos (“City”) is a real property owner for the property located at 1001 Laurel Street #225 (Assessor’s Parcel Number 114-490-420); and WHEREAS, the City is a real property owner for the property located at 1001 Laurel Street #418 (Assessor’s Parcel Number 114-500-450); and
WHEREAS, the City wishes to exercise its right to reclassify both income restricted units to Low-Income; and
WHEREAS, it is estimated that the loss for reclassifying 1001 Laurel Street #225 and #418 will not exceed the amount of $600,224; and
WHEREAS, the City wishes to write down the loss for reclassifying both units with the available funds in the Housing In-Lieu Fund (Fund 29), which has an available balance of $13,708,085.

NOW, THEREFORE BE IT RESOLVED, that the City Manager of the City of San Carlos is hereby authorized to execute a change in the income classification of two Below Market Rate (“BMR”) Moderate-Income units located at 1001 Laurel Street (Units #225 and #418). * * * * *
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 24th day of October 2022, by the following vote:

AYES, COUNCILMEMBERS:___________________________________________ NOES, COUNCILMEMBERS:___________________________________________ ABSENT, COUNCILMEMBERS:___________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:

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___________________________
MAYOR of the City of San Carlos

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CITY COUNCIL

STAFF REPORT
MEETING DATE: October 24, 2022
ITEM TITLE: Consideration of Introducing an Ordinance Amending San Carlos Municipal Code Chapter 8.20 - Explosives, Amending its Title, Adding Provisions for Regulation, Fines, and Penalties for Possession and Use of Fireworks, and Increasing the Penalties for Explosives.

RECOMMENDATION:

Staff recommends that the City Council introduce an Ordinance amending Chapter 8.20 Explosives, to amend its title, add provisions for regulation, fines, and penalties for possession and use of fireworks, and increase the penalties for explosives.

FISCAL IMPLICATIONS:

Enactment of this Ordinance could require a small level of staff resources for enforcement. An increased level of enforcement work would likely be required around the July 4th and New Year’s holidays.

BACKGROUND:

Illegal and dangerous fireworks can be a public nuisance for the noise and dangerous conditions they can cause. The possession and use of fireworks has the potential to create injury, property damage, fire hazards, and cause significant distress to the residents of San Carlos. The current code sections on the use of fireworks is limited to Chapter 15.04 of the Municipal Code and does not include detailed information on definitions or violation penalties. This proposed amendment to the San Carlos Municipal Code will allow the City to better curtail the use of dangerous fireworks and increase fines for the use of such fireworks and other explosives to modern amounts. The attached Ordinance is designed to provide updated definitions, clearer regulations, and more severe penalties for the possession and use of fireworks. The existing chapter penalties were last adopted in 1926. The maximum fine and maximum time in custody for convictions has increased since that time.

ANALYSIS:

The Health and Safety Code allows for individual jurisdictions to create ordinances to supplement the State Fireworks Law. This proposed ordinance provides definitions in line with the State Fireworks Law for “Dangerous Fireworks” and “Safe and Sane Fireworks” and prohibits the possession, use, discharge, and display of these fireworks. Additionally, the amended code makes it a violation for a person to abet or conceal another person’s use of fireworks. Any violation will be considered a misdemeanor and is subject to a $1,000 fine and up to six months imprisonment. These penalties are non-exclusive and in addition to penalties provided for under the State Fireworks Law.

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ALTERNATIVES:

The alternatives available to the City Council include:

1. Introduce the proposed Ordinance Amending San Carlos Municipal Code Chapter 8.20 - Explosives, Amending its Title, Adding Provisions for Regulation, Fines, and Penalties for Possession and Use of Fireworks, and Increasing the Penalties for Explosives; or

2. Amend the proposed Ordinance before introduction; or

3. Do not introduce the Ordinance; or

4. Provide staff with alternative direction
Respectfully submitted by:

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

1. Ordinance

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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SAN CARLOS AMENDING SAN CARLOS MUNICIPAL CODE CHAPTER 8.20 - EXPLOSIVES, AMENDING ITS TITLE, ADDING

PROVISIONS FOR REGULATION, FINES AND PENALTIES FOR POSSESSION AND USE OF FIREWORKS AND INCREASING THE PENALTIES FOR EXPLOSIVES. ____________________________________________________________________________ WHEREAS, Chapter 8.20 of the San Carlos Code governs the use of explosives; and WHEREAS, the City Council now desires to amend Chapter 8.20 of the San Carlos Municipal Code to add provisions related to fireworks and increase the penalties for explosives; and
WHEREAS, the City Council of the City of San Carlos is the decision-making body for this Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CARLOS DOES ORDAIN AS FOLLOWS:

SECTION 1. The forgoing recitals are true and correct and constitute the findings in this matter.

SECTION 2. Section 8.20.030 as written is repealed.

SECTION 3. The following sections are hereby added to Chapter 8.20 of the San Carlos Municipal Code:

Sec. 8.20.030. Definition – Firework
The most current adopted definitions set forth in State Fireworks Law (California Health and Safety Code Sections 12500 et seq.) will define terms used in this Article unless otherwise defined in this Code.
a. “Dangerous Fireworks” includes all fireworks specified as such in Section 12505 of the California Health and Safety Code or any safe and sane firework altered in any manner that makes them more dangerous.
b. “Safe and sane fireworks” means any fireworks specified as such in Section 12529 of the California Health and Safety Code.

Sec. 8.20.040 Prohibition – General Prohibition against Possession, Use, Discharge, or Display of Dangerous Fireworks
No person shall possess, use, discharge, or display any dangerous fireworks within the City without a permit issued by the Fire Chief or their designee pursuant to Section 12640 of the California Health and Safety Code.

Sec. 8.20.050 Prohibition – General Prohibition against Possession, Use, Discharge, or Display of Safe and Sane Fireworks

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No person shall possess, use, discharge, or display any safe and sane fireworks within the City without a permit issued by the Fire Chief or their designee pursuant to Section 12640 of the California Health and Safety Code.

Sec. 8.20.060 Violation – Penalty
a. Any person violating any provisions of this chapter or any of the provisions and conditions of the permit granted under this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000, or by imprisonment of the County Jail of San Mateo not exceeding six months, or by both such fine and imprisonment. b. Causing, permitting, adding, abetting, or concealing a violation of any provisions of this chapter and conditions of a permit granted under this chapter shall also constitute a violation.
c. The remedies provided by this Article are cumulative and in addition to any other remedy provided under Federal, State, or local law including the State Fireworks Law.

SECTION 4: CEQA. This Ordinance is exempt from additional environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3); under the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5: Severability. 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 6: Publication and 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, hereby certify that the foregoing Ordinance was introduced on the 24th day of October, 2022 and passed and adopted as an Ordinance of the City of San Carlos at a regular meeting thereof 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 24, 2022

San Carlos City Council
October 24, 2022