Sediment and Debris Removal: Regular sediment and debris removal will be conducted in several locations to maintain lagoon inlet flows and water quality. Accumulated and captured material will be removed with mechanical equipment and hand labor from the O’Neill Slough inlet gates, Laurel Creek, 16
th Avenue Channel, 19th Avenue Channel, stormwater outfalls (59 total), and at the southern litter boom as needed. About 10 cubic yards of sediment, trash, and other material will be removed from the Bay side of the O’Neil Slough inlet gates in the first maintenance year, and only minor periodic maintenance is anticipated in subsequent years. All other sediment removal activities are expected to occur only once over the Project’s 5-year timeframe. At the Permittee’s known storm drain outfall sites, small amounts of accumulated mud, rocks, and debris will be cleared, and pipes and flapgates will be repaired 2 as needed, to
maintain property capacity and operation. Repairs will be located in locations above the waterline or will be exposed during the low-water maintenance period. Dewatering is not anticipated as part of the storm drain outfall repair. Excavated sediment and other debris will be taken by barge or truck to the decant area located at Laguna Vista Park, a Permittee-owned parcel off Kimberly Way at the south end of the lagoon. The decant area is an undeveloped, disturbed site, located between Highway 101 and the lagoon, consisting of mostly compacted dirt.
The Permittee will also conduct aquatic vegetation harvesting on an annual basis. Excessive growth of widgeon grass and filamentous algae is removed via mechanical harvesters that are used intermittently in the lagoon from June through August. The mechanical harvesters cut the top portion of the widgeon grass and algae, leaving the lower portion growing on the lagoon bottom and avoiding substrate disturbance and preserving habitat benefits.
Bank Protection and Fence Installation: The Permittee will repair existing bank protection as needed and install new bank protection measures along the shoreline. Most of the lagoon is designed with a 5:1 horizontal to vertical side slopes, and much of the shoreline has been armored to protect against erosion. The Permittee will either supplement or replace existing riprap areas. Where new bank stabilization is necessary, the Permittee will implement bioengineered bank stabilization measures to the maximum extent practicable. Although no bank repair or protection areas are currently identified, the Project will repair up to 200 linear feet of shoreline per year and install no more than 50 linear feet of new bank protection measures. The Permittee will install new and maintain existing fences along established property lines on an annual basis.
Beach Sand Replenishment: Sand replacement typically occurs once a year at Parkside Aquatic Park and Lakeshore Park. Each beach has a concrete path on the upland side, and replenishment occurs below and to the side of the path. The sand is replenished this way to maintain a gradual transition from the walkway to the beach for safety reasons. Additional sand is placed around the children’s play area at Parkside Aquatic Park. BMPs will be implemented during fence repairs or installation to protect water quality during construction.
2 Repairs will be located in locations above the waterline or will be exposed during the low-water maintenance period.
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2. Impacts to Waters of the State
The Water Board has independently reviewed the Project record to analyze impacts to water quality and the environment and designated beneficial uses within the Project’s watershed.
2.1 Fill and Discharge
The Project will temporarily and permanently impact approximately 0.39 acre and 0.06 acre of waters of the State, respectively, over the length of the five-year timeframe covered by this Certification, as shown in Tables 1 and 2.
Table 1: Summary of the Project’s temporary impacts.
Table 2: Summary of the Project's permanent impacts.
3. Mitigation
The Permittee will mitigate the Project’s temporary and permanent impacts to waters of the State. The Project’s temporary impacts resulting from repairs to existing bank protection, repairs to fences, and sediment and debris removal, will be mitigated by the Permittee through an annual trash cleanup program implemented by the Permittee. The water quality benefits associated with the Project’s aquatic vegetation removal will also mitigate the Project’s temporary impacts. To mitigate the Project’s permanent impacts to waters of the State from from new dock installation, Activity Aquatic
Resource Type3
Impact
Type
Annual
(Acre s)
5-Yr Total
(Acre s)
Bank Protection Repair 0.05 0. 23
Fence Construction Repair <0.01 <0.01
O'Neil Slough Tide Gate
Sediment Removal 0.01 0.05
St
orm drain Outfall Maintenance <0.01 <0.01
16th Ave. Sediment Removal N/A4 0.05
19th Ave. Sediment Removal N/A4 0.04
Laurel Creek Sediment Removal N/A4 0.02
~0.06 ~0.39Total
3This aquatic resource type is for accounting purposes. 4Sediment removal is expected to occur once at each location over the next five years.
Stream Channel
and Riparian
H
abitat
N/A
Activity
Aquatic
Resource Type3 Impact Type Annual
(Acre s)
5-Yr Total
(Acre s)
New Dock Pile Construction Permanent Loss <0.01 <0.01
New Bank Protection Degradation 0.01 0.05
New Fence Construction Degradation <0.01 <0.01
~0.012 ~0.06Total
Lake
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including new pile installation, new bank protection, and new fence installation, the Permittee will enhance an approximately 0.3-acre area located between an existing trail and the shoreline in the northern portion of the Project site. The Permittee will remove and replace an approximately 0.3-acre-area of non-native vegetation, primarily ice plant (Carpobrotus edulis), with native vegetation. The mitigation area contains several existing trees, but all available land that is suitable for planting will be planted with native vegetation. The plantings in the mitigation area will be by native scrub species that are suitable for proliferation, and both locally common and available. The work will expand and enhance the existing riparian habitat and provide a transition zone not currently present. The shoreline fringe, where native salt grass (Distichlis spicata) occurs will not be planted. The mitigation area will be monitored for a five-year timeframe, and the Permittee will detail the trash cleanup efforts in the annual monitoring reports (see Conditions 18 to 23). No further mitigation is required.
4. California EcoAtlas
Regional, state, and national studies have determined that tracking of mitigation and restoration projects must be improved to better assess the performance of these projects, following monitoring periods that last several years. To effectively carry out the State’s Wetlands Conservation Policy of no net loss to wetlands, the State needs to closely track both losses and successes of mitigation and restoration projects affecting wetlands and other waters of the State.
The Water Board must also track project performance in Bay Area creeks subject to routine repair and maintenance activities, such as recurring instabilities. Therefore, we adopted the digital interactive mapping tool called EcoAtlas.
[1] EcoAtlas is a web-based tool that integrates
maps, project plans, site conditions, restoration efforts, and other elements on a project-by- project basis based on data inputs. Accordingly, we require the Permittee to upload their Project information to EcoAtlas with the Project Tracker tool at https://ptrack.ecoatlas.org (see
Condition 9). The San Francisco Estuary Institute developed EcoAtlas and maintains detailed instructions for Project Tracker on its website at https://ptrack.ecoatlas.org/instructions.
5. CEQA Compliance
The Permittee, as lead agency, determined the Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15301, Existing Facilities. Accordingly, on July 7, 2021, the Permittee filed a Notice of Exemption (NOE) with the Officer of Planning and Research and the County Clerk of San Mateo County (State Clearinghouse No. 2021070131). The Water Board, as a responsible agency under CEQA, concurs that the Categorical Exemption is appropriate
6. Conditions
I, Thomas Mumley, Interim Executive Officer, do hereby issue this Order certifying that any discharge from the proposed Project will comply with the applicable provisions of sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the CWA, and with other applicable requirements of
[1] Source: California Wetlands Monitoring Workgroup (CWMW). EcoAtlas. Accessed March 12, 2019. https://www.ecoatlas.org. CWMW includes SFEI, State Board, U.S. EPA-Region IX, and other agencies with similar goals to track effects of projects in wetlands and other aquatic habitats.
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State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017-DWQ, “General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification,” which requires compliance with all conditions of this Order, including the following:
6.1 Regulatory Compliance and Work Windows
1. Design Conformance. The Project work shall be constructed in conformance with the Application materials and as described in this Certification. Any changes to the Project that may impact waters of the State must be accepted by the Executive Officer before they are implemented. To request Executive Officer acceptance, the Permittee shall submit the proposed revisions, clearly marked and described, to the attention of the Water Board staff listed on the cover page of this Certification. The Permittee shall not implement the proposed revisions until notified that they have been accepted by the Executive Officer;
2. Spe
cial Stat us Species. This Certification does not allow for the take, or incidental take, of any special status species. The Permittee shall request appropriate protocols prescribed from the United State Fish and Wildlife (USFWS) and/or National Marine Fisheries Service (NMFS) to ensure that Project activities do not impact the beneficial use of the Preservation of Rare and Endangered Species, and shall implement the provided protocols, as appropriate;
3. Pr
ecipitation and Construction Planning . Precipitation forecasts shall be considered when planning construction activities. The Permittee shall monitor the 72- hour forecast from the National Weather Service at http://www.nws.noaa.gov. When there is a forecast of more than 40% chance of rain, or at the onset of unanticipated precipitation, the Permittee shall remove all equipment from waters of the State, implement erosion and sediment control measures (e.g., jute, straw, coconut fiber erosion control fabric, coir logs, straw), and cease all Project activities. If any construction activities will occur outside their respective work windows specified in Condition 4after October 31, a Winterization Plan shall be submitted to the Executive Officer for review and acceptance and contain, but not be limited to, the following:
a) A ctivities and Timeline Description —for any proposed activity that will begin or end after October 1, the activity and its respective construction timeline, from start to finish, shall be described in detail.
b) E rosion Control Measures —all erosion control measures shall be described in detail, including, but not limited to, the type of erosion control measure and its material, implementation timeline, and best management practices to be used during and after implementation;
4. Wor
k Windows : The Project activities may be initiated as follows, so long as the precipitation and construction planning requirements specified in this Certification (see Condition
3) and the precipitation requirement listed in the Application’s materials are met:
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a) Sediment Removal, New Dock Installation using Poured Concrete, Dock Repair, Bank Stabilization, Fence Repair and Installation, and Beach Sand Replenishment:
April 15 to October 31. The work window may be extended on a case-by-case basis. To request an extension of the work window for these Project activities, the Permittee must submit a written request for review and acceptable to Tahsa Sturgis at
[email protected]. The request shall be submitted at least two weeks prior to when work is expected to occur outside of the April 15 to October 31 work window and shall include the requirements in Condition 3 of this Certification
as well as the other regulatory agencies that were contacted about the requested work extension. Minor debris removal that does not require excavation and is immediately necessary to prevent blocking inlets may be conducted any time of year. Bank repairs that do not require excavation may be conducted any time of year.
b) Dock Repair, Bank Stabilization, and Fence Repair and Installation: April 15 to October 31 or January 15 to February 15. The work for these activities may occur during the time when the reservoir is normally lowered during the annual drawdown period (January 15 to February 15), otherwise the work shall occur from April 15 to October 31. Bank repairs that do not require excavation and fence repair and installation may be conducted any time of year.
c) N
ew Dock Installation using Precast Concrete : any time of year provided that the requirements in Condition 3 of this Certification are met and the Permittee’s standard specification packet requirements are met.
d) A quatic Vegetation Harvesting : April 15 to October 31.
6.2 General Construction
5. Discharge Prohibition. No unauthorized construction-related materials or wastes shall be allowed to enter into or be placed where they may be washed by rainfall or runoff into waters of the State. When construction is completed, any excess material shall be removed from the work area and any areas adjacent to the work area where such material may be discharged to waters of the State;
6. E
quipment Maintenance Prohibition. No fueling, cleaning, or maintenance of vehicles or equipment shall take place within waters of the State, or within any areas where an accidental discharge to waters of the State may occur; and construction materials and heavy equipment must be stored outside of waters of the State. When work within waters of the State is necessary, best management practices shall be implemented to prevent accidental discharges;
7. B
eneficial Use Impacts. All work performed within waters of the State shall be completed in a manner that minimizes impacts to beneficial uses and habitat; measures shall be employed to minimize disturbances along waters of the State that will adversely impact the water quality of waters of the State. Disturbance or removal of vegetation shall not exceed the minimum necessary to complete Project implementation;
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8. Concrete Curing: Concrete used in the Project shall be allowed to completely cure (a minimum of 28 days) or be treated with a sealant that is non-toxic to aquatic life before it comes into contact with flowing water (Note: Demonstration of non-toxicity to aquatic life may be evaluated by measuring survival of test organisms in a 96-hour bioassay. The bioassay should be performed according to the most up-to-date protocols in 40 CFR part 136, currently Methods for Measuring the Acute Toxicity of Effluents and Receiving Water to Freshwater and Marine Organisms, 5th Edition (EPA-821-R-02-012), including sample collection, handling, and preservation in accordance with U.S. EPA protocols). Only sealants that have been tested and found non-toxic to freshwater aquatic life, including benthic macro-invertebrates, may be used on concrete surfaces that may come into contact with flowing water. Any sealant that may be used must be approved by CDFW prior to use. Concrete will be considered to be cured when water poured over the surface of concrete consistently has a pH of less than 8.5;
6.3 Pre-Construction Reporting and Other Requirements
9. EcoAtlas Form. The Permittee shall input Project information into EcoAtlas no later than 14 days from this Amended Certification’s issuance date, consistent with Section 4 herein. The Project information shall be added to the Project Tracker tool in EcoAtlas online at https://ptrack.ecoatlas.org. Instructions for adding information to EcoAtlas are available at https://ptrack.ecoatlas.org/instructions, or by contacting the Water Board staff listed on the cover page of this Certification. The Permittee shall notify the Water Board and submit documentation demonstrating the Project has been successfully added to EcoAtlas via email to
[email protected], or
by mail to the attention of 401 Certifications Reports (see address on the letterhead), and include EcoAtlas_445464_ Marina Lagoon Routine Maintenance Project;
10. C
ommencement of Construction . The Permittee shall submit a Start of Construction (SOC) Report acceptable to the Executive Officer in each year that Project activities occur. The SOC Report shall be submitted no later than seven days prior to start of initial ground disturbance activities in a given Project year. The Permittee shall and notify the Water Board at least 48 hours prior to initiating in-water work and any stream diversions. Notification may be via telephone, email, delivered written notice, or other verifiable means. The SOC Report shall be submitted in same timeframe specified herein for multiple construction seasons, if necessary, via email to RB2- [email protected], or by mail to the attention of 401 Certifications Reports (see address on the letterhead), and include SOC_445464_ Marina Lagoon Routine Maintenance Project;
11. Pho to -Documentation Points. Prior to the start of construction, the Permittee shall establish a minimum of 4 photo-documentation points at each Project site where Project related impacts to waters of the State occur. The points shall be used to track the Project’s construction impacts, the pre- and post-construction condition, and overall Project success. The Permittee shall prepare a site map with the photo- documentation points clearly marked. Prior to and following construction in each year where sediment and/or vegetation is removed or the vegetation pilot program is
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implemented, the Permittee shall photographically document the immediate pre- and post-Project condition at locations where impacts to waters of the State occur, including temporary impacts. These post-construction photographs and map shall be submitted, along with the as-built and construction completion reports (See Conditions
12 and 13);
6.4 Active Construction and Post-Construction Reporting Requirements
12. As-Built Report. The Permittee shall prepare an as-built report(s) acceptable to the Executive Officer in each year that Project activities occurred. The as-built report(s) shall be submitted to the Water Board no later than 60 days after completing Project construction activities in a given calendar year through the duration of the Project.
The report(s) shall include a description of the areas of actual disturbance during Project construction and the photographs and map specified in Condition
11. The
report(s) shall clearly identify and illustrate the Project activities that occurred in a given year, and the locations where impacts to waters of the State occurred. The Permittee shall submit one as-built report annually for all Project activities that occurred in that calendar year. The as-built report(s) shall include the 100 percent construction plans marked with the contractor’s field notes that clearly depict any deviations made during construction from the designs reviewed by the Water Board.
If design plans are not available for a Project activity (e.g., fence repair and installation, sand beach replenishment, sediment removal at inlets), the photographs specified in Condition 11 and a narrative shall be submitted in lieu of an as-built report. The as-built report(s) shall be sent with the annual monitoring reports (see Condition 23) via email to [email protected], or by mail to the attention of 401 Certifications Reports (see address on the letterhead), and include As-Built_ 445464_ Marina Lagoon Routine Maintenance Project in the email subject line when sent electronically or in the cover letter for hard copy submissions;
13. Project Construction Completion Report. The Permittee shall submit a Notice of Project Construction Completion (NOC) acceptable to the Executive Officer to notify the Water Board that the Project has been completed at the end of the 5-year period in which the Project will be occur. The NOC Completion Notice shall be submitted to the Water Board no later than 60 days after completing all Project construction activities in the final construction year. The NOC Completion Notice shall include the as-built reports (see Condition 12), the post-construction photographs (see Condition 11), the date of the first Project-related disturbance of waters of the State occurred, and the date the Project construction was completed for each Project activity. The NOC Completion Notice shall be sent via email to RB2-
[email protected], or by mail to the attention of 401 Certifications Reports (see address on the letterhead), and include NOC_445464_ Marina Lagoon Routine Maintenance Project in the email subject line when sent electronically or in the cover letter for hard copy submissions;
6.5 Dock Construction
14. Dock Photographs: Before commencing dock construction work, dock replacement work, and dock repair work, the Permittee shall establish a minimum of three (3)
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photo-documentation points at any location where public or private dock work occurs, including new dock construction, dock replacement work, and dock repair work. The points shall be used to track the Permittee’s compliance with the Certification. The Permittee shall prepare a site map with the photo-documentation points clearly marked. Prior to and following construction, the Permittee shall photographically document the immediate pre- and -post construction condition of the sites where dock work is being conducted. These post-construction photographs and map shall be submitted to the Water Board at the end of each year of the Certification’s coverage (See Condition 23);
15. Dock Specification Packet: If revised during the timeframe covered by this Certification, the Permittee shall submit the revised standard Dock Specification Packet to the Executive Officer for review and acceptance for consistency with the activities covered in this Certification. The Executive Officer must accept the revised Dock Specification Packet, as it relates to this Certification, prior to the construction of new or replaced private and public docks adhering to the revised Dock Specification Packet;
16. P
rivate Dock Design : Newly constructed or replaced private and public docks shall meet the requirements set forth by the Permittee, and specified in this Certification, including size restrictions stated in the Permittee’s standard Dock Specification Packet (See Condition 15). New dock construction is limited to a maximum of five per year and a total of 25 over the 5-year Certification timeframe;
17. Individual Dock Certifications: If the requirements in Condition 16 are not met, the work is not covered by this Certification, and the Permittee shall instruct the dock owner to apply to the Corps, Water Board, and the California Department of Fish and Wildlife (CDFW) for all necessary permits on an individual basis;
6.6 Mitigation and Monitoring Requirements
18. Monitoring and Monitoring Requirements. The Permittee shall monitor the areas impacted by the Project throughout the duration of the Project (5 years) and submit annual monitoring reports to the Water Board (see Condition 23) to verify the
Project’s impacts and to demonstrate beneficial uses have not been adversely affected. The Permittee shall also monitor the mitigation area for a minimum five- year period to verify the Project impacts have been sufficiently and appropriately mitigated. The annual monitoring reports shall also include an appendix summarizing the Project’s annual activities and impacts to waters of the State as well as the condition of the areas that were impacted (see Condition 23). If any signs of instability or excessive erosion are observed at the site, the Permittee shall document these observations in the annual reports and make recommendations for corrective actions, as necessary (see Condition 22). If any adverse impacts to waters of the State are observed during the monitoring period, compensatory mitigation may be required by the Executive Officer, including, but not limited to, extension of the monitoring period;
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19. Mitigation Monitoring Plan: The Permittee shall revise implement the mitigation and monitoring in accordance with the mitigation plan included in the Application materials, and as clarified on March 22, 2022, that the mitigation area will be irrigated in perpetuity, to include achievable performance and final success criteria, which indicate the mitigation project is successful, for the five-year monitoring period. Any The revisions to the mitigation plan shall be submitted to the Executive Officer for review and acceptance not later than 60 days following this Certification’s issuance date, and the plan shall not be implemented until the Executive Officer notifies the Permittee that the plan is acceptable;
20. M itigation Performance Criteria. The Permittee shall evaluate the mitigation area’s performance and success during the monitoring period by using the annual performance criteria in the Application materials, as revised, and as described herein.
The performance criteria (e.g., plant survival, plant vigor, vegetative cover, invasive species) shall be used to track the mitigation area’s annual progress towards meeting the final success criteria in the final monitoring year (see Condition 21). To
demonstrate the mitigation plantings have become successfully established, no irrigation shall be used in the last two years of monitoring. If the performance criteria are not met, the Permittee shall describe the deficiencies that led to the underperformance and recommend corrective actions, as necessary, to ensure the final success criteria are met in the final monitoring year (see Condition 22);
21. Final Success Criteria. The Project’s mitigation shall be considered successful if the Executive Officer determines the final success criteria specified in revised mitigation plan (see Condition
19) have been met in the final monitoring year’s annual report and no adverse impacts to waters of the State have otherwise occurred. The Permittee shall demonstrate the mitigation area is successful in the final monitoring year by meeting the mitigation’s final success criteria. The final success criteria shall be the performance criteria established for the final monitoring year specified in the Application. The Permittee shall also demonstrate that the mitigation plantings have been successfully established and are not reliant on irrigation (see Condition 20);
22. Corrective Actions. If any signs of instability or excessive erosion are observed
along the areas impacted at the Project site, the Permittee shall document these observations in the annual reports and make corrective action recommendations, as necessary. After receipt of an annual monitoring report, if corrective actions are determined necessary by the Executive Officer, the Permittee shall be required to re- submit the corresponding annual report to include corrective actions or revise recommended corrective actions that were previously proposed or accepted by the Executive Officer;
23. Annual Monitoring Reports. The Permittee shall submit annual monitoring reports, acceptable to the Executive Officer, by January 31 following each monitoring year.
The first monitoring year commences in the calendar year of the Project’s first year of activities. At the time of this Certification and Order, the Project is anticipated to commence in 2022. Therefore, the first annual monitoring report shall be due on
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January 31, 2023, unless the Project is completed at a different time. Annual reports shall include, but not be limited to, the following:
a) Photographs: photographs taken during the monitoring year from the photo- documentation points specified in Conditions 11 and 14 shall be included in each annual monitoring report, and updated as appropriate. The photographs shall include captions with respect to the photograph’s point of view, direction of flow, locations of Project activities, location of the photo-documentation point, and date photographed.
b) Activities and Impacts: the Project activities completed in the monitoring year and their respective impacts to waters of the State shall be included in each annual monitoring report. The final monitoring report shall include all Project activities and their impacts for the duration of the Project. The monitoring reports shall also reference the activities and impacts in relation to the limits covered in this Certification. If limits for any Project activity are exceeded, the Permittee may need to submit a report of waste discharge and shall be required to provide compensatory mitigation for the impacts to waters of the State that exceed the limits authorized in this Certification. As-built reports and photographs for construction activities shall be included in the annual report. Starting in the second monitoring year, previous as-built reports and photographs shall be included in the monitoring report’s appendices.
c) Mitigation Projects: the Permittee shall include the status of the mitigation project in each annual report, including the performance and final success criteria, as applicable, specified herein.
d) E
nvironmental Drivers: each monitoring report shall desc ribe the unusually low and large precipitation events that occurred at the site during the monitoring year.
The effects of the Project and environmental drivers (e.g., precipitation events, drought events) on site conditions shall be described in reference to the monitoring year’s precipitation events relevant Project activities. e) Cumulative Monitoring: each annual report shall summarize all data from previous monitoring reports in addition to the current year’s monitoring data, including the need for, and implementation of, any remedial actions. Monitoring data may include all relevant qualitative and quantitative data necessary to determine whether the site is stable. The final monitoring report shall document whether the temporarily impacted areas were restored to their pre-Project condition.
The overall Project and mitigation success shall be determined by, and acceptable to, the Executive Officer. If monitoring indicates that beneficial uses have been, or have the potential to be, adversely affected, the Permittee shall, in consultation with the appropriate agencies, identify remedial measures to be undertaken, including compensatory mitigation and extension of the monitoring and reporting period until the final success criteria are met. If a Corrective Action Plan is
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required and approved by the Executive Officer, the Permittee shall implement all remedial measures identified therein. Annual monitoring reports shall be submitted via email to [email protected],
or by mail to the attention of
401 Certifications Reports (see the address on the letterhead), and include AMR_445464_ Marina Lagoon Routine Maintenance Project in the email subject line when sent electronically or in the cover letter for hard copy submissions;
6.7 Administrative and General Compliance
24. Site Access. The Permittee shall grant Water Board staff or an authorized representative, upon presentation of credentials and other documents as may be required by law, permission to: (1) enter upon the Project site or compensatory mitigation site(s) where a regulated facility or activity is located or conducted, or where records are kept; (2) have access to and copy any records that are kept and are relevant to the Project or the requirements of this Order; (3) inspect any facilities, equipment, practices, or operations regulated or required under this Order; and (4) sample or monitor for the purposes of assuring Order compliance;
25. C
ertification and Order at Site . A copy of this Order shall be provided to any consultants, contractors, and subcontractors working on the Project. Copies of this Order shall remain at the Project site for the duration of this Order. The Permittee shall be responsible for work conducted by its consultants, contractors, and any subcontractors;
26. Ow
nership Change Notification . The Permittee shall provide a signed and dated notification to the Water Board of any change in ownership or interest in ownership of any Project area at least 10 days prior to the transfer of ownership. The purchaser shall also submit a written request to the Water Board to be named as the permittee in an amended order. Until this Order has been modified to name the purchaser as the permittee, the Permittee shall continue to be responsible for all requirements set forth in this Order;
27. W
ater Quality Violations Notification . The Permittee shall notify the Water Board of any violations of water quality standards, along with the cause of such violations, as soon as practicable (ideally within 24 hours). Notification may be via telephone, email, delivered written notice, or other verifiable means;
28. D
ischarge Change Notification . In accordance with Water Code section 13260, the Permittee shall file with the Water Board a report of any material change or proposed change in the ownership, character, location, or quantity of this waste discharge. Any proposed material change in operation shall be reported to the Executive Officer at least 30 days in advance of the proposed implementation of any change. Changes to discharges include, but are not be limited to, significant new soil disturbances, proposed expansions of development, or any change in drainage characteristics at the Project site. For the purpose of this Order, this includes any proposed change in the boundaries of the area of wetland/waters of the State to be impacted;
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29. Submittal of Reports. Where this Certification requires submittal of reports, including plans, reports, or related information, the submitted reports shall be acceptable to the Executive Officer;
30. In
dividual Waste Discharge Requirements. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements pursuant to Water Code sections 13263 and/or 13377 and California Code of Regulations, Title 23 (23 CCR) section 3857;
31. E
xpiration. This Order shall continue to have full force and effect regardless of the expiration or revocation of any federal license or permit issued for the Project;
6.8 Standard Conditions
32. Certification and Order Modification. This Order is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Water Code sections 13320 and 13330 and 23 CCR section 3867;
33. H
ydroelectric Facilitie s. This Order does not apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license, unless the pertinent certification application was filed pursuant to 23 CCR subsection 3855(b) and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought;
34. A
pplication Fee . This Certification and Order is conditioned upon full payment of the required fee, including annual fees, as set forth in 23 CCR section 3833. The required $8,286, calculated using the 2020/2021 Water Quality Certification Dredge and Fill Application Fee Calculator, Category A– Fill and Excavation Discharges, was received by the Water Board in two payments: $2,066 on October 25, 2021, and $6,220 on February 3, 2022;
6.9 Annual Fees
35. Annual Fee. In accordance with 23 CCR section 2200, the Permittee shall pay an annual fee to the Water Board each fiscal year (July 1 – June 30) until Project construction activities are completed and an acceptable Notice of Project Construction Completion is received by the Water Board. If monitoring is required, the Permittee shall pay an annual fee to the Water Board until monitoring activities are completed and an acceptable Notice of Mitigation Monitoring Completion is received by the Water Board (Note: the Annual Post Discharge Monitoring Fee may be changed by the State Water Board; at the time of Certification it was $2,031 per year for Category A projects). Annual fees will be automatically invoiced to the Permittee. The Permittee must notify the Water Board at Project and/or mitigation completion with a final report in order to request to terminate annual billing. Notification shall reference NMMC_ 445464_ Marina Lagoon Routine Maintenance Project and should be sent to the staff listed at the bottom of this Certification and to
[email protected]. Water Board staff will
154 of 574
Water Quality Certification RM: 445464
Marina Lagoon Routine Maintenance Project WDID# 2 CW445464
verify the conditions of the Certification have been met and may request a site visit at that time to confirm the Project’s status and compliance with the Certification.
This Order applies to the Project as proposed in the application materials and designs referenced above in the conditions of Certification. Be advised that failure to implement the Project in conformance with this Order is a violation of this Certification. Any violation of Certification conditions is a violation of State law and subject to administrative civil liability pursuant to Water Code sections 13350, 13385, or 13399.2. Failure to meet any condition of this Certification may subject the Permittee to civil liability imposed by the Water Board to a maximum of $25,000 per day of violation and/or $25 for each gallon of waste discharged in violation of this action above 1000 gallons. Any requirement for a report made as a condition to this Certification (e.g., conditions 3, 9-23 and 26-28) is a formal requirement pursuant to Water Code sections 13267 and 13383, and failure or refusal to provide, or falsification of such required report, is subject to civil liability as described in Water Code section 13268 and criminal liability under 13387. The burden, including costs, of these reports bears a reasonable relationship to the need for the report and the benefits to be obtained. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements.
If you have any questions concerning this Order, please contact Tahsa Sturgis of my staff at (510) 622-2316 or [email protected]
. All future correspondence regarding this
Project should reference RM 445464 indicated at the top of this letter.
Sincerely,
__________________________
for Thomas Mumley
Interim Executive Officer
cc: SWRCB, DWQ, [email protected]
Water Board, Victor Aelion, [email protected] CDFW, Will Kanz, [email protected]
U.S. EPA, Region IX:
Region IX Mailbox, [email protected]
Jennifer Siu, [email protected]
Corps, SF Regulatory Br anch, Katerina Galacatos, [email protected]
155 of 574
State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Bay Delta Region
2825 Cordelia Road, Suite 100
Fairfield, CA 94534
(707) 428-2002
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
January 26, 2022
Sarah Scheidt
City of San Mateo Public Works Department
330 West 20
th Avenue
San Mateo, California 94403
Dear Ms. Scheidt:
Amendment of Lake or Streambed Alteration, Notification No. 1600-2013-0268-R3, Marina Lagoon General Maintenance Project
The California Department of Fish and Wildlife (CDFW) has received your request to amend Lake or Streambed Alteration Agreement 1600-2013-0268-R3 (Agreement) and the required fee in the amount of $1,572.50 for a major amendment. Your request to amend the routine maintenance Agreement includes adding work activities to the project description and modifying the work season:
- Additional sediment removal to restore flow capacity into the Lagoon at the 16 th Avenue
Channel gate and O’Neil Slough tide gate (in tidal waters). - At the 16 th Avenue Channel, additional sediment removal will occur 75 feet upstream of the lagoon gate, in a trapezoidal, concrete-lined channel approximately 50 feet in width near top of bank with a narrower bottom width. Accumulated sediment is approximately 3 feet deep. Sediment removal at this location will occur once during the proposed Project’s 5-year term, for an estimated total of 500 cubic yards. Sediment removal will be done with an excavator with a standard or long-reach arm stationed on land. - At O’Neil Slough tide gate the Project will remove 10 cubic yards of sediment, and trash from the Bay side of the O’Neil Slough inlet gates in the first year. Up to 6 cubic yards of sediment will be removed in subsequent years. Sediment and debris removal will be limited to the cement inlet gate structure bounded by wingwalls and a cement floor, an area of 400 square feet or 0.01 acres. No removal will occur outside of the developed footprint. Sediment removal will only occur during low tide to minimize disturbance of adjacent sediment and performed using an excavator with standard or long-reach arm stationed above the O’Neil Slough inlet. Work is anticipated to require one to two days of excavation and is expected to occur one per year during September or October. - Stormdrain outfall repair is needed to maintain proper function for stormwater flows. At stormdrain outfall locations, no more than a total of 40 cubic yards will be removed per year. At several of the City’s 59 known stormdrain outfall sites, small amounts of accumulated mud, rocks and debris will be cleared, and pipes/flapgates repaired as needed, to maintain proper capacity and operation. Repairs will not be conducted in- water as outfalls are either located above the waterline or will be exposed during the low-water maintenance period. No dewatering will be done as part of stormdrain outfall repair.
- An additional 20 linear feet of new fence co nstruction per year is allowed under this amendment. This brings the total new fence construction per year to 40 linear feet.
156 of 574
Sarah Scheidt
January 26, 2022
- An all around work window for all maintenanc e activities, except for new dock structures and sediment removal in tidal habitat. Dock repair work will occur year-round.
CDFW hereby agrees to amend the agreement with addition of the following conditions:
2.1. Seasonal Work Period for Dredging, New Dock Installation using Poured Concrete and Beach Sand Replenishment. To avoid or minimize adverse impacts to fish and wildlife and their habitats, work within the Lagoon for these activities shall be limited to April 15 to October 31.
The work window may be extended via written request and written CDFW approval ([email protected]). Work period extension request must be submitted two weeks prior to when work is expected to occur outside of the April 15 to October 31 work window.
All other conditions in the Agreement remain in effect unless otherwise noted herein.
Please sign and return one copy of this letter to acknowledge the amendment. Copies of the Agreement and this amendment must be readily available at project worksites and must be presented when requested by a CDFW representative or agency with inspection authority.
If you have any questions regarding this letter, please contact Will Kanz, Environmental Scientist at (707) 337-1187 or by email at [email protected].
Sincerely,
Craig Weightman, Environmental Program Manager
ec: California Department of Fish and Wildlife
Wesley Stokes, Senior Environmental Scientists (Supervisor) [email protected]
ACKNOWLEDGEMENT
I hereby agree to the above-referenced amendment.
Print Name: _______________________________ Date: ____________________
Signature: ________________________________
157 of 574
State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM , Director Bay Delta Region
2825 Cordelia Road, Suite 100
Fairfield, CA 94534
(707) 428-2002
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
October 5, 2021
Sarah Scheidt
City of San Mateo Public Works Department
330 West 20th Street
San Mateo, California 94403
Dear Ms. Scheidt:
Extension of Lake or Streambed Alteration Agreement, Notification No. 1600- 2013-0268-R3, Marina Lagoon General Maintenance Project
The California Department of Fish and Wildlife (CDFW) received your request to extend Lake or Streambed Alteration Agreement (Agreement) and extension fee, for the above referenced agreement. CDFW hereby grants your request to extend the Agreement expiration from December 31, 2021, to December 31, 2026. All other conditions in the original Agreement remain in effect.
Copies of the original Agreement and this letter must be readily available at project worksites and must be presented when requested by a CDFW representative or other agency with inspection authority.
If you have any questions regarding this letter, please contact Will Kanz, Environmental Scientist at (707) 337-1187 or by email at [email protected].
Sincerely,
Craig Weightman, Environmental Program Manager
ec: California Department of Fish and Wildlife
Will Kanz, Environmental Scientist
[email protected]
Wesley Stokes, Senior Environmental Specialist (Supervisor) [email protected]
DocuSign Envelope ID: 863DE6DA-9976-494D-B9A6-C73D0C715728
158 of 574
California
Natural
Resources
Agency
_
DEPARTMENT
OF
FISH
AND
WILDLIFE
Bay
Delta
Region
7329
Silverado
Trail
Napa,
CA
94558
(707)
944-5500
www.wildlife.ca.qov
January
17,
2017
EDMUND
G.
BROWN.
Jr..
Governor
CHARLTON
H.
BONHAM,
Director
Brad
Underwood
City
of
San
Mateo
Public
Works
Department
330
West
20th
Street
San
Mateo,
CA
94403
Dear
Mr.
Underwood:
Final
Lake
or
Streambed
Alteration
Agreement,
Notification
No.
1 600-201
3-0268-R3,
Marina
Lagoon
General
Maintenance
Project
Enclosed
is
the
final
Streambed
Alteration
Agreement
(Agreement)
for
the
Marina
Lagoon
General
Maintenance
Project
(Project).
Before
the
California
Department
of
Fish
and
Wildlife
(CDFW)
may
issue
an
Agreement,
it
must
comply
with
the
California
Environmental
Quality
Act
(CEQA).
In
this
case,
CDFW
determined
your
Project
is
exempt
from
CEQA
and
filed
a
Notice
of
Exemption
(NOE)
on
the
same
date
it
signed
the
Agreement.
Under
CEQA,
the
filing
of
an
NOE
triggers
a
35-day
statute
of
limitations
period
during
which
an
interested
party
may
challenge
the
filing
agency’s
approval
of
the
Project.
You
may
begin
the
Project
before
the
statute
of
limitations
expires
if
you
have
obtained
all
necessary
local,
state,
and
federal
permits
or
other
authorizations.
However,
if
you
elect
to
do
so,
it
will
be
at
your
own
risk.
If
you
have
any
questions
regarding
this
letter,
please
contact
Randi
Adair,
Senior
Environmental
Scientist
(Supervisory)
at
(707)
576-2786
or
by
email
at
[email protected].
Sincerely,
Craig
J.
Weightman,
Environmental
Program
Manager
cc:
Simon
Environmental
Planning
Susan
Simon
[email protected]
California
Department
of
Fish
and
Wildlife
Lieutenant
James
Ober
[email protected]
Conserving
CaCifornias
cWiCdCife
Since
1870
159 of 574
CALIFORNIA
DEPARTMENT
OF
FISH
AND
WILDLIFE
BAY
DELTA
REGION
7329
SILVERADO
T
RAIL
NAPA,
CALIFORNIA
94558
(707)
944-5500
WWW.WILDLIFE.CA.GOV
STREAMBED
ALTERATION
AGREEMENT
NOTIFICATION
NO.
1 600-201
3-0268-R3
MARINA
LAGOON
CITY
OF
SAN
MATEO
MARINA
LAGOON
GENERAL
MAINTENANCE
PROJECT
This
Streambed
Alteration
Agreement
(Agreement)
is
entered
into
between
the
California
Department
of
Fish
and
Wildlife
(CDFW)
and
the
City
of
San
Mateo
(Permittee)
as
represented
by
Brad
Underwood.
RECITALS
WHEREAS,
pursuant
to
Fish
and
Game
Code
(FGC)
section
1602,
Permittee
notified
CDFW
on
July
3,
201
3 that
Permittee
intends
to
complete
the
project
described
herein.
WHEREAS,
pursuant
to
FGC
section
1603,
CDFW
has
determined
that
the
project
could
substantially
adversely
affect
existing
fish
or
wildlife
resources
and
has
included
measures
in
the
Agreement
necessary
to
protect
those
resources.
WHEREAS,
Permittee
has
reviewed
the
Agreement
and
accepts
its
terms
and
conditions,
including
the
measures
to
protect
fish
and
wildlife
resources.
NOW
THEREFORE,
Permittee
agrees
to
complete
the
project
in
accordance
with
the
Agreement.
PROJECT
LOCATION
This
Agreement
authorizes
routine
maintenance
in
the
185-acre
Marina
Lagoon,
which
was
historically
a
portion
of
Seal
Slough,
located
between
East
3rd
Avenue
to
the
north
and
Marine
Parkway
to
the
south;
in
the
City
of
San
Mateo,
County
of
San
Mateo,
State
of
California;
most
northern
Latitude
37°34’07”N
and
Longitude
122°17’32”N
and
most
southern
Latitude
37°32’02”N
and
Longitude
122°16'37”N.
PROJECT
DESCRIPTION
Under
this
Agreement,
Permittee
will
conduct
“routine
maintenance
activities”,
defined
160 of 574
Notification
#1
600-20
13-0268-R3
Streambed
Alteration
Agreement
Page
2 of
24 as
periodic
activities
necessary
to
restore
the
inflow
into
Marina
Lagoon
(Lagoon)
to
maintain
the
water
transport
and
storage
capacity
of
the
Lagoon
and
to
maintain
and/or
repair
existing
infrastructure,
docks
and
park
areas
surrounding
the
Lagoon.
The
Lagoon
was
historically
a
tidal
slough
connected
to
San
Francisco
Bay,
but
was
diked
and
dredged
to
create
a
lagoon
to
function
as
flood-control
relief
for
low
elevation
areas
and
a
recreational
boating
lake.
The
water
levels
in
the
Lagoon
are
highly
regulated
and
never
fluctuate
more
than
a
few
feet
throughout
the
year.
During
the
month
of
January
the
Lagoon
is
lowered
3.5 feet
to
facilitate
maintenance
work
on
the
docks
and
shoreline.
Water
intake
and
release
is
controlled
by
the
use
of
intake
gates
on
the
lagoon’s
south
end
at
O’Neill
Slough
and
by
the
Marina
Lagoon
Pump
Station
on
the
north
end
where
the
lagoon
outlets
to
the
San
Francisco
Bay.
Numerous
small
underground
storm
drains
transport
runoff
from
urban
areas
in
San
Mateo
and
Foster
City
situated
on
the
east
side
of
the
lagoon.
The
Lagoon
complex
comprises
four
minor
watersheds
including
16th
Avenue
and
19th
Avenue
drainages,
Laurel
Creek
and
Direct
Marina
Lagoon
Drainage.
These
watersheds
are
located
in
the
southern
two-thirds
of
San
Mateo.
The
complex
is
a
watershed
of
10 square
miles
originating
in
the
western
hills
of
San
Mateo
and
Belmont
and
draining
into
the
Lagoon.
Peak
storm
flows
from
the
western
hills
are
controlled
by
three
dams
on
Laurel
Creek.
The
watershed
is
almost
entirely
urbanized
with
the
exception
of
Sugarloaf
Mountain.
Routine
maintenance
activities
authorized
under
this
Agreement
are
limited
to
the
following:
1. Docks
and
Ramps
Construction,
maintenance
and
improvement
of
public
and
private
individual
boat
docks
and
ramps
and
pile-supported
boardwalks
on
both
banks
of
Marina
Lagoon.
Public
Docks
Parkside
Aquatic
Park
is
owned
by
the
Permitee
and
contains
a
public
boat
launch
facility
and
public
dock.
Park
amenities
include
a
public
beach,
picnic
area
and
play
area.
There
are
two
boat
ramps,
one
for
public
use
and
the
other
for
the
Harbor
Master’s
boats.
The
park
contains
four
docks;
three
at
the
south
end
and
one
at
the
north
end.
The
docks
at
the
south
end
facilitate
the
launching
of
boats
from
the
boat
ramps
and
are
floating
docks.
The
dock
at
the
north
end
of
the
park
is
a
fixed
dock.
The
floating
sections
of
the
south
end
docks
will
be
removed
and
repaired
on
land.
If
piles
need
to
be
replaced,
pre-cast
concrete
piles
or
secondary
containment
for
poured
piles
will
be
used.
Due
to
safety
concerns,
the
north
end
dock
will
be
removed
in
its
entirety
and
will
not
be
replaced.
161 of 574
Notification
#1
600-201
3-0268-R3
Streambed
Alteration
Agreement
Page
3 of
24 Private
Docks
The
Lagoon
is
surrounded
by
high
density
residential
areas
and
several
of
the
shoreline
parcels
have
private
docks
or
the
right
to
own
one.
Currently,
there
are
approximately
300
private
docks.
The
current
Standard
Plan
issued
by
the
San
Mateo
City
Building
Division
permit
approves
only
fixed
wooden
docks
with
concrete
piers.
The
City
of
San
Mateo’s
Dock
Information
Packet
Standards
requires
the
use
of
pre-cast
concrete
piles
or
a
secondary
containment
system.
This
will
ensure
that
no
freshly
poured
concrete
will
come
in
contact
with
the
water
for
at
least
30 days.
Typically,
poured
piles
will
be
concrete
surrounded
by
a
high
density
polyethylene
(HDPE)
secondary
containment
casing.
The
piles
will
be
installed
from
a
barge
or
aquamog
equipped
with
an
auger.
The
auger
is
used
to
drill
the
HDPE
form
in
the
lagoon
bottom,
driven
to
a
minimum
depth
of
six
feet.
The
concrete
is
poured
after
the
form
has
been
driven
into
the
lagoon
bottom.
The
decking
is
then
framed
over
the
piles.
A
turbidity
curtain
will
be
installed
in
the
water
surrounding
the
work
area
to
prevent
the
migration
of
construction
materials
and
debris
from
the
work
site.
The
barge
or
aquamog
will
access
the
water
from
Parkside
Aquatic
Park.
As
per
City
of
San
Mateo
Standard
Plan,
the
decking
will
be
constructed
above
the
summer
high
water
levels.
The
repair,
replacement
in-kind,
and
minor
extensions
of
existing
privately
owned
docks
can
be
completed
with
the
following
restrictions:
•
No
more
than
five
new
docks
shall
be
constructed
each
year.
•
Pressure-treated
wood
shall
not
be
used
for
any
dock.
2. Sediment
Removal
from
Stormwater
Outfalls
Yearly
maintenance
dredging
to
remove
the
accumulation
and
alluvial
material
in
front
of
the
19th
Avenue
Creek
inlet
located
just
north
of
Lakeshore
Park
and
the
Laurel
Creek
inlet
on
the
southern
side
of
the
Lagoon.
Laurel
Creek
and
19th
Avenue
Creek
are
freshwater
streams
discharging
to
the
Lagoon
primarily
during
the
winter
months.
Silt,
sediment
and
debris
will
be
dredged
and
removed
from
the
Lagoon
until
it
reaches
original
design
depth
of
six
feet.
Dredging
will
be
done
with
an
Aquamog
equipped
with
a
small
sealed
12 cubic
yard
(cy)
clambucket
to
scoop
material
directly
onto
a
low
draft
barge
for
transport
to
the
access
area
and
staging
area
at
Parkside
Aquatic
Park.
The
barge
will
transport
the
material
to
the
park
where
it
will
be
removed
by
an
excavator
to
sealed
10-wheeled
trucks.
The
material
will
then
be
transported
for
dewatering
to
an
upland
are
in
Laguna
Vista
Park
at
the
south
end
of
the
162 of 574
Notification
#1
600-201
3-0268-R3
Streambed
Alteration
Agreement
Page
4 of
24 Lagoon.
After
transport
an
excavator
will
stockpile
material
in
a
holding
area
designed
to
dewater
solids
via
infiltration,
surrounded
by
K-rails
and
straw
waddles.
A
silt
fence
will
be
installed
surrounding
the
exterior
straw
waddle
to
act
as
an
additional
runoff
control
measure.
The
dredged
material
will
be
dumped
in
the
containment
area
and
the
decant
water
will
be
captured,
settled,
and
discharged
for
infiltration.
The
material
will
be
piled
and
aerated
to
remove
any
remaining
water
to
facilitate
offhaul
and
final
disposal.
Sediment
may
be
removed
during
the
work
window
specified
below,
with
the
following
restrictions:
•
Sediment,
vegetation
or
debris
may
be
removed
with
mechanized
equipment.
•
Removal
of
up
to
a
maximum
750
cubic
yards
(cy)
per
outfall
per
year
is
covered
under
this
Agreement.
3. Aquatic
Vegetation
Harvesting
Mechanical
harvesters
are
used
intermittently
in
the
Lagoon
throughout
the
late
spring
and
summer
(June
through
August),
primarily
for
the
control
of
nuisance
widgeon
grass
and
filamentous
algae
that
interfere
with
safe
boating,
water
quality,
and
water
flow.
Harvesting
removes
nuisance
biomass
from
the
lagoon,
thereby
helping
to
reduce
a
nutrient
source.
This
is
a
significant
benefit
to
the
overall
health
of
the
lagoon,
which
is
impaired
by
Fecal
Indicator
Bacteria
(FIB).
The
accumulation
of
biomass
promotes
and
harbors
bacteria,
including
FIB;
as
well
as
promoting
reduced
dissolved
oxygen
during
the
cooler
evenings.
This
integrated
approach
to
nuisance
algae
management
helps
minimize
potential
adverse
environmental
impacts
from
pesticide
use.
Harvesting
is
an
efficient
means
of
vegetation
and
algae
control,
especially
in
the
open
waters
throughout
the
center
of
the
lagoon
where
the
vessels
can
operate
without
obstruction.
Harvesters
cannot
work
close
to
the
shorelines
due
to
shallow
waters,
and
therefore
do
not
operate
in
the
far
southern
end
of
the
lagoon
near
saline
emergent
wetlands.
Approximately
188
cubic
yards
of
nuisance
vegetation
from
lagoon
waters
between
June
and
August,
2016
were
harvested.
The
amount
of
vegetation
harvested
per
year
fluctuates
greatly
due
to
seasonal
variations
from
year
to
year.
Harvesting
equipment
is
mobilized
to
the
site
in
May.
All
equipment
is
cleaned,
dried,
and
inspected
according
to
the
contractor’s
Aquatic
Invasive
Species
-
Hazard
Analysis
and
Critical
Control
Point
Plan
(AIS-HACCPP).
Once
the
harvester
arrives
at
the
lagoon
it
does
not
leave
the
site
until
September
when
it
returns
to
their
yard.
The
vessels
are
staged
and
launched
from
the
Hillsdale
boat
launch
area
which
consists
of
a
gated
lot
and
concrete
boat
ramp.
Harvested
material
is
stockpiled
and
allowed
to
dewater
at
the
Hillsdale
Launch
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before
it
is
transported
to
a
landfill
for
green-waste
disposal
within
48 hours.
4. Bank
Protection
Most
of
the
lagoon
is
designed
with
a
5:1
horizontal
to
vertical
side
slopes.
Periodically,
there
are
areas
where
existing
bank
armoring
has
been
undermined
and
needs
to
be
repaired.
There
are
also
areas
that
need
bank
protection
where
the
shoreline
has
been
eroded
and
exposed.
The
eroded
shoreline
areas
are
in
locations
where
wave
action
is
increased
from
motorboat
activity.
The
typical
bank
protection
material
used
in
the
lagoon
is
quarter
ton
angular
rock.
Access
for
slope
construction
and
repair
will
be
from
upland
areas,
if
accessible,
or
from
the
water.
If
access
is
from
the
water,
the
material
will
be
transported
to
the
site
by
a
barge.
Depending
on
the
material’s
size,
it
will
be
placed
by
hand
or
by
an
aquamog.
Before
any
material
is
set,
a
layer
of
16-ounce
filter
fabric
will
be
placed
on
the
slope
to
prevent
the
loss
of
slope
material
through
void
spaces.
Before
any
work
begins,
a
silt
fence
will
be
installed
in
the
water
on
the
downslope
side
of
construction.
Water
access
and
staging
will
be
from
the
boat
ramp
and
parking
lot
at
Parkside
Aquatic
Park.
Repair,
Replace
or
Maintain
Existing
Bank
Protection
Replacement
or
repair
of
existing
damaged
or
failed
sections
of
rock
riprap
bank
stabilization
with
the
following
restrictions:
•
Placement
of
rip-rap
above
or
below
failed
sections
of
structures
to
aid
in
integrity
of
those
structures.
Riprap
of
proper
size
and
weight
to
withstand
wave
action
will
be
set
below
grade
and
keyed
into
the
bank.
•
Work
will
be
confined
to
the
damaged
or
failed
sections
and
immediate
adjacent
bank
area
affected
by
the
damage
failure.
•
Other
bank
stabilization
measures
that
may
be
employed
include
broadcast
and
hydro-seeding,
riparian/marsh
vegetation
planting
and
other
bioengineering
techniques.
•
Saltmarsh
vegetation
shall
be
protected
from
damage
to
the
greatest
extent
possible
during
repair
and
replacement.
•
This
activity
does
not
include
any
new
project
sites
which
may
need
structural
repair
(for
e.g.
placement
of
new
riprap
or
a
new
retaining
wall
where
these
structures
have
not
been
installed).
New
Bank
Protection
New
bank
stabilization
will
occur
with
the
following
restrictions:
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All
new
bank
stabilization
will
incorporate
bioengineering
techniques
only
or
biotechnical
techniques
if
bioengineering
is
infeasible.
5. Fences
Construction,
maintenance
and
improvement
of
fences
along
established
property
lines.
Several
private
shoreline
parcels
have
fences
protruding
below
the
Lagoon’s
summer
high
water
level.
Construction
of
New
Fences
New
fences
will
be
constructed
with
the
following
restrictions:
•
No
new
fences
will
be
constructed
below
the
point
on
the
shoreline
intersected
by
the
plane
of
the
summer
high
water
level
•
Up
to
20 linear
feet
of
new
fence
shall
be
installed
per
year
Existing
Fences
Repair,
improvement
and
maintenance
of
existing
fences
will
occur
with
the
following
restrictions:
•
Up
to
40 linear
feet
of
fence
repairs
per
year
6. Beach
Sand
Replenishment:
Sand
replacement
typically
occurs
once
a
year
at
Parkside
Aquatic
Park
and
Lakeshore
Park.
Each
beach
has
a
concrete
path
on
the
upland
side
and
replenishment
occurs
below
and
to
the
side
of
the
path.
The
sand
is
replenished
this
way
to
maintain
a
gradual
transition
from
the
walkway
to
the
beach
for
safety
reasons.
Additional
sand
is
placed
around
the
children’s
play
area
at
Parkside
Aquatic
Park.
The
concrete
path
is
approximately
120
feet
from
the
shoreline
at
Parkside
Aquatic
Park
and
100
feet
from
the
shoreline
at
Lakeshore
Park.
Sand
is
never
replenished
at
the
shoreline.
Staging
and
access
is
located
in
the
parking
lot
areas
of
each
park.
Replenishment
will
be
20-mesh
Bay
reclaimed
sand.
The
sand
will
be
spread
by
hand
or
an
excavator.
Beach
replenishment
will
occur
with
the
following
restrictions:
•
Beach
replenishment
shall
occur
once
per
year.
•
Only
hand
tools
shall
be
used
to
spread
the
sand
when
within
50 feet
of
the
shoreline.
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Debris
Removal
A
litter
boom
is
installed
at
the
southern
end
of
the
Lagoon
to
collect
debris
flowing
in
from
the
Laurel
Creek
and
O’Neil
Slough
inlets.
This
debris
will
be
removed
as
needed.
Typical
materials
that
are
collected
behind
the
boom
are
wood,
recyclables,
and
trash.
An
airboat
will
be
used
to
remove
the
material
and
transport
it
to
a
City
owned
waste
container
at
Parkside
Aquatic
Park.
The
airboat
will
access
the
lagoon
from
the
boat
ramps
at
Parkside
Aquatic
Park.
The
City
anticipates
boom
cleaning
to
occur
once
approximately
every
4 months.
PROJECT
IMPACTS
Existing
fish
or
wildlife
resources
the
routine
maintenance
activities
could
potentially
substantially
adversely
affect
include:
•
Green
sturgeon
(Acipensar
medirostris)
listed
as
threatened
under
Endangered
Species
Act
(ESA)
and
a
state
Species
of
Special
Concern
(SSC);
•
Nearshore
marine
fish
species
such
as
surfperch
(Embiotocidae),
topsmelt
(Atherinops
affinis),
sculpin,
and
rays
and
sharks
(Elasmobranchii);
•
Saltmarsh
wandering
shrew
(
Sorex
vagrans
halicoetes),
a
SSC;
•
Migratory,
nesting
and
foraging
waterfowl;
•
Foraging
Ridgeway’s
rail
(
Rallus
obsoletus,
formerly
California
clapper
rail),
listed
as
endangered
under
the
CESA
and
ESA
and
fully
protected
under
the
FGC;
•
Saltmarsh
common
yellowthroat
{
Geothlypis
trichas
sinuosa),
a
SSC;
•
Alameda
song
sparrow
(
Melospiza
melodia
pusillula),
a
SSC;
•
Foraging
California
black
rail
(
Laterallus
jamaicensis
coturniculus),
listed
as
endangered
under
CESA
and
ESA
and
fully
protected
under
the
FGC;
•
Coastal
marsh
milk-vetch
(
Astragalus
pycnostachyus
var
pycnostachyus)
designated
as
a
Rare
Plant
Rank
(RPR)
1B;
®
Point
Reye’s
Bird’s-beak
(
Chloropyron
maritimum
ssp.
polustre),
designated
as
RPR
1B;
•
California
seablite
(
Saueda
californica),
listed
as
Endangered
under
ESA
and
designated
as
RPR
1B;
•
Saline
clover
(Trifolium
hydrophium),
designated
as
RPR
1B;
•
Temporary
impacts
to
open
water;
•
Saline
emergent
wetlands
The
adverse
effects
the
project
could
potentially
have
on
the
fish
or
wildlife
resources
identified
above,
without
implementation
of
the
Measures
to
Protect
Fish
and
Wildlife
Resources
specified
below,
include:
•
Potential
increase
in
sediment
transport
during
project
activities;
•
Increase
in
turbidity
during
project
activities;
•
Disruption
to
nesting
and
foraging
birds;
•
Colonization
by
exotic
plant
or
animal
species;
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Direct
impacts
from
dredging
on
benthic
organisms,
•
Long-term
release
of
contaminants.
MEASURES
TO
PROTECT
FISH
AND
WILDLIFE
RESOURCES
1. Administrative
Measures
Permittee
shall
meet
each
administrative
requirement
described
below.
1.1 Documentation
at
Project
Site.
Permittee
shall
make
the
Agreement,
any
extensions
and
amendments
to
the
Agreement,
and
all
related
notification
materials
and
California
Environmental
Quality
Act
(CEQA)
documents,
readily
available
at
the
project
site
at
all
times
and
shall
be
presented
to
CDFW
personnel,
or
personnel
from
another
state,
federal,
or
local
agency
upon
request.
1.2 Providing
Agreement
to
Persons
at
Project
Site.
Permittee
shall
provide
copies
of
the
Agreement
and
any
extensions
and
amendments
to
the
Agreement
to
all
persons
who
will
be
working
on
the
project
at
the
project
site
on
behalf
of
Permittee,
including
but
not
limited
to
contractors,
subcontractors,
inspectors,
and
monitors.
1 .3
Notification
of
Conflicting
Provisions.
Permittee
shall
notify
CDFW
if
Permittee
determines
or
learns
that
a
provision
in
the
Agreement
might
conflict
with
a
provision
imposed
on
the
project
by
another
local,
state,
or
federal
agency.
CDFW
shall
be
notified
at
Suzanne
Deleon,
at
[email protected].
(831)
440-9433,
or
if
unavailable,
through
contact
with
the
CDFW
Bay
Delta
Regional
Office
by
mail,
phone
(707-944-5500)
or
fax
(707-944-5553).
In
that
event,
CDFW
shall
contact
Permittee
to
resolve
any
conflict.
1 .4
Project
Site
Entry.
Permittee
agrees
that
CDFW
personnel
may
enter
the
work
site(s)
at
any
time
to
inspect
routine
maintenance
activities
performed
and
to
verify
compliance
with
this
Agreement.
24-hour
notice
will
be
provided
to
private
dock
owners
prior
to
inspections.
1 .5
Additional
Measures.
As
a
result
of
any
field
inspection,
CDFW
may
require
that
additional
measures
be
applied
to
specific
activities
to
protect
sensitive
biological
resources.
Such
measures
may
be
amended
into
this
Agreement
with
the
agreement
of
both
parties,
or
if
an
exception
to
authorized
activities
is
identified,
Permittee
may
be
asked
to
submit
separate
written
notification
to
CDFW
pursuant
to
Condition
1 .7,
below.
1 .6
Authorized
Routine
Maintenance
Activities.
Only
those
activities
specifically
described
in
the
Project
Description
shall
be
conducted
under
this
Agreement.
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.7
Exceptions
to
Authorized
Activities.
Permittee
shall
submit
separate
written
notification
(Forms
FG
2023
and
FG
2024)
pursuant
to
Section
1602
of
the
FGC,
together
with
the
required
fee
prescribed
in
the
CDFW
Streambed
Alteration
Agreement
fee
schedule,
and
otherwise
follow
the
normal
notification
process
prior
to
the
commencement
of
work
activities
in
all
cases
where
one
or
more
of
the
following
conditions
apply:
The
proposed
work
does
not
meet
the
criteria
established
for
routine
maintenance
activities
in
the
Project
Description
of
this
Agreement;
The
nature
of
the
proposed
work
is
substantially
modified
from
the
work
described
in
the
Project
Description
of
this
Agreement;
CDFW
advises
Permittee
that
conditions
affecting
fish
and
wildlife
resources
have
substantially
changed
at
a
specified
work
site
or
that
such
resources
would
be
adversely
affected
by
the
proposed
maintenance
activity;
and/or;
The
proposed
work
would
adversely
impact
a
State
of
California
(State)
Species
of
Special
Concern
or
State
or
federally
listed
rare,
threatened,
endangered
or
candidate
species
or
its
habitat.
1 .8
CDFW-Approved
Qualified
Bioloqist(s')
and
Biological
Monitors).
Within
a
minimum
of
30 days
prior
to
initiating
special-status
surveys
within
the
project
area,
Permittee
shall
submit
to
CDFW
for
approval,
the
names
and
resumes
of
all
biologists
and
biological
monitors
involved
in
conducting
surveys
and/or
monitoring
work.
A
qualified
biologist
is
an
individual
who
shall
have
a
minimum
of
five
years
of
academic
training
and
professional
experience
in
biological
sciences
and
related
resource
management
activities
with
a
minimum
of
two
years
conducting
surveys
for
each
species
that
may
be
present
within
the
routine
maintenance
project
area.
A
biological
monitor
is
an
individual
who
shall
have
academic
and
professional
experience
in
biological
sciences
and
related
resource
management
activities
as
it
pertains
to
this
project,
experience
with
construction-level
biological
monitoring,
be
able
to
recognize
species
that
may
be
present
within
the
routine
maintenance
project
area,
and
be
familiar
with
the
habits
and
behavior
of
those
species.
1 .9
Unauthorized
Take.
This
Agreement
does
not
authorize
the
take
of
any
State
or
federally
listed
threatened
species,
endangered
species,
Species
of
Special
Concern
or
candidate
species.
If
CDFW
determines,
or
Permittee
finds,
that
there
are
such
species
on
the
work
site,
Permittee
shall
notify
CDFW
and/or
US
Fish
and
Wildlife
Service
(USFWS),
as
appropriate.
Permittee
shall
immediately
cease
work
until
CDFW
and
other
applicable
agencies
deem
that
the
concern
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special
status
species
has
been
resolved.
This
Agreement
does
not
authorize
capture
and/or
handling
of
listed
species.
2. Avoidance
and
Minimization
Measures
To
avoid
or
minimize
adverse
impacts
to
fish
and
wildlife
resources
identified
above,
Permittee
shall
implement
each
measure
listed
below.
Work
Periods
2.1 Seasonal
Work
Period
for
Dredging,
New
Dock
Installation
using
Poured
Concrete
and
Beach
Sand
Replenishment.
To
avoid
or
minimize
adverse
impacts
to
fish
and
wildlife
and
their
habitats,
work
within
the
Lagoon
for
these
activities
shall
be
limited
to
April
15 to
October
31 .
2.2 Seasonal
Work
Period
for
Dock
Repair,
Bank
Stabilization.
Fence
Repair
and
Installation.
The
work
for
these
activities
may
occur
during
the
time
when
the
reservoir
is
normally
lowered
during
the
annual
drawdown
period
from
January
15 to
February
15 to
facilitate
access
and
repairs.
If
not
completed
during
this
drawdown
period,
then
the
Seasonal
Work
Period
as
stated
in
Measure
2.1 shall
be
followed.
All
weather
forecast
and
precipitation
measures
shall
be
followed.
2.3 Seasonal
Work
Period
for
New
Dock
Installation
using
Precast
Concrete.
New
dock
installation
using
precast
concrete
may
be
conducted
at
any
time
provided
that
the
homeowners
follow
the
requirements
of
the
standard
specification
packet
issued
by
the
City
of
San
Mateo.
2.4 Seasonal
Work
Period
for
Debris
Removal.
Minor
debris
removal
that
does
not
require
excavation,
and
that
is
immediately
necessary
to
prevent
blocking
the
inlets,
may
be
conducted
at
any
time.
2.5 Seasonal
Work
Period
for
Activities
near
Joinville
Park.
To
avoid
impacts
to
saltmarsh
dependent
species,
any
work
conducted
within
700
feet
of
Joinville
Park
shall
be
conducted
from
September
1 to
October
15. 2.6
Seasonal
Work
Period
for
Revegetation,
Revegetation
work,
using
hand
tools,
may
occur
year-round.
2.7 Completion
by
End
of
Seasonal
Work
Period.
The
sediment
removal
and
new
dock
installation
using
poured
concrete
shall
not
be
initiated
unless
there
is
a
high
likelihood
that
it
can
be
completed
before
the
end
of
the
seasonal
work
window
designated
in
Measure
2.1. After
September
15 of
each
year,
projects
that
have
not
been
started
or
are
still
underway
shall
be
evaluated
to
ensure
they
can
be
completed
before
the
end
of
the
seasonal
work
period.
Those
projects
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24 unlikely
to
be
completed
before
the
end
of
the
seasonal
work
windows
shall
not
be
started.
2.8 Work
Period
Modification.
If
Permittee
needs
more
time
to
complete
project
activities,
work
may
be
authorized
outside
of
the
work
period
as
stated
in
Measure
2.1 and
2.2 and
extended
on
a
day-to-day
basis
by
CDFW
representative,
Suzanne
DeLeon,
at
suzanne.
deleon@wildlife.
ca.gov,
(831)440-
9433,
or
if
unavailable,
through
contact
with
the
CDFW
Bay
Delta
Regional
Office
by
mail,
phone
(707-944-5500)
or
fax
(707-944-5553).
Permittee
shall
submit
a
written
request
for
a
work
period
variance
to
CDFW
for
approval
at
least
seven
(7)
calendar
days
prior
to
October
31 .
The
work
period
variance
request
shall:
1)
describe
the
extent
of
work
already
completed;
2)
detail
the
activities
that
remain
to
be
completed;
3)
detail
the
time
required
to
complete
each
of
the
remaining
activities;
and
4)
provide
photographs
of
both
the
current
work
completed
and
the
proposed
site
for
continued
work.
Work
period
variances
are
issued
at
the
discretion
of
CDFW.
CDFW
will
review
the
written
request
to
work
outside
of
the
established
work
period
and
may
require
additional
measures
to
protect
fish
and
wildlife
resources
as
a
condition
for
granting
the
variance.
Any
additional
measures
shall
be
made
part
of
this
Agreement.
Construction
Measures
2.9 Work
During
Dry
Period
Only.
Work
within
the
Lagoon
shall
be
restricted
to
periods
of
low
rainfall
(less
than
%
inch
of
rain
in
a
24-hour
period)
and
dry
weather
as
allowed
during
the
work
periods
specified
above.
In
addition,
no
work
shall
occur
during
a
dry
out
period
of
24 hours
after
the
above
referenced
wet
weather.
2.10 Weather
Forecast.
Precipitation
forecasts
shall
be
considered
when
planning
maintenance
activities.
Permittee
shall
monitor
the
72-
hour
forecast
from
the
National
Weather
Service
(
http://www.nws.noaa
.
gov).
When
there
is
a
forecast
of
more
than
40%
chance
of
rain
or
at
the
onset
of
any
unanticipated
precipitation,
the
Permittee
shall
remove
all
equipment
and
shall
implement
erosion
and
sediment
control
measures
and
all
routine
maintenance
activities
shall
cease.
2.11 Washing
of
Equipment.
In
order
to
prevent
the
movement
of
invasive
plant
and
animal
species,
fungi,
and
other
biotic
agents
from
external
ecological
regions,
the
equipment
used
shall
be
washed
prior
to
entry
and
staging
onto
construction
sites.
2.12 Decontamination
of
Clothing
and
Equipment.
Any
equipment
that
will
enter
the
water
during
construction
shall
be
decontaminated
before
and
after
construction
to
prevent
the
spread
of
aquatic
diseases,
such
as
ranavirus,
and
invasive
aquatic
species,
such
as
quagga
mussel.
Workers
shall
also
decontaminate
waders,
boots
and
other
clothing
that
will
come
in
direct
contact
with
the
water.
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24 Decontamination
of
clothing
and
equipment
shall
be
done
through
one
or
more
of
the
following
methods:
•
Drying
equipment
in
an
upland
location
following
last
aquatic
use.
If
average
daytime
temperatures
exceed
80°
F,
drying
times
shall
be
at
least
7 days.
If
average
daytime
temperatures
are
below
80°
F,
drying
times
shall
be
at
least
30 days:
•
Scalding
water
wash
(at
least
140°
F)
with
varying
high
and
low
pressure
spray
to
dislodge
pathogens,
vegetation,
and
contaminated
sediment;
•
Freezing
at
a
temperature
of
less
than
32°
F
for
more
than
72 hours;
and/or
•
Soaking
in
a
hospital-grade
disinfectant
solution
for
at
least
two
minutes
(or
longer,
based
on
product
directions).
To
avoid
harm
to
non-target
species,
disinfected
clothing
and
equipment
shall
be
thoroughly
rinsed
in
a
water
bath
before
entering
the
stream.
•
Repeat
decontamination
is
required
only
if
the
equipment/clothing
is
removed
from
the
site,
used
within
a
different
waterbody,
and
returned
to
the
project
site.
Decontamination
shall
take
place
in
an
upland
location,
and
any
chemicals
used
during
decontamination
shall
be
prevented
from
entering
water
bodies
or
stormwater
drains.
2.13 Stockpiling
of
Soil.
No
castings
or
spoils
shall
be
placed
on
the
stream
side
of
the
bank
where
it
could
enter
the
stream
or
cover
riparian
or
wetland
areas.
If
soils
are
stockpiled,
the
stockpile
shall
be
located
away
from
the
creek
and
a
straw
waddle
or
other
erosion
control
device
shall
surround
the
stockpile
until
it
is
disposed
of
or
used.
2.14 Containment
Area
on
Barge.
A
containment
area
shall
be
established
around
the
perimeter
of
the
barge,
as
feasible,
by
laying
hay
waddles
and
/or
Visqueen
around
the
work
areas
on
the
barge.
If
discharge
from
dredge
spoils
is
discovered
by
any
of
the
personnel
on
board
the
barge,
activities
shall
cease
until
appropriate
corrective
measures
have
been
completed
and
the
discharge
source
has
been
repaired
or
halted.
CDFW
shall
be
notified
within
24 hours
of
discharge.
2.15 Silt
Boom
while
Dredging.
Permittee
shall
deploy
silt
curtains
around
the
project
site
to
prevent
heavily
silted
water
from
flowing
into
the
Lagoon
or
outfall
pumps.
The
silt
curtain
shall
be
long
enough
to
maintain
contact
with
the
bed
of
the
Lagoon
at
all
times.
The
silt
boom
shall
be
maintained
throughout
all
phases
of
the
excavation
activities,
monitored
for
effectiveness
and
repaired
or
replaced
as
needed.
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Dredge
Material.
At
no
time
shall
any
dredge
materials
or
any
other
substance
deemed
deleterious
to
fish
or
wildlife
be
allowed
to
enter
the
water
or
be
placed
where
they
may
be
washed
into
the
water.
Any
contaminated
water/materials
from
the
Project
activities
shall
be
pumped
or
placed
into
a
holding
facility
and
removed
for
proper
disposal.
If
material
is
released
into
the
water,
CDFW
shall
be
notified
within
24 hours
of
detecting
the
problem.
Project
operations
shall
not
be
resumed
until
the
source
of
discharge
is
identified
and
remedied.
When
the
situation
is
remedied
to
the
satisfaction
of
CDFW,
Project
operations
may
resume.
Wildlife
Protection
Measures
2.17 Education
Session
before
Commencement
of
Work.
Prior
to
any
routine
maintenance
activity,
within
or
near
saline
emergent
wetlands
located
at
the
far
north
and
far
south
of
the
main
channel,
the
biological
monitor
or
qualified
biologist
shall
conduct
an
education
session
on
species
that
may
be
present
at
the
project
work
site.
The
training
shall
consist
of
basic
identification
of
the
species,
their
basic
habits,
how
they
may
be
encountered
in
the
work
area,
and
procedures
to
follow
when
they
are
encountered.
Any
personnel
joining
the
work
crew
later
shall
receive
the
same
training
before
beginning
work.
The
penalties
for
non-compliance
of
conditions
in
this
Agreement
shall
be
relayed
to
all
project
personnel.
2.18 Sensitive
Plant
Survey.
Prior
to
any
routine
maintenance
activity
within
or
near
saline
emergent
wetlands
located
at
the
far
north
and
far
south
of
the
main
channel,
a
qualified
biologist
shall
conduct
protocol-level
surveys
for
sensitive
plant
species
during
the
peak
blooming
period
for
each
plant
species
that
could
be
present
within
the
project
area.
For
information
on
special
status
plant
survey
methodology
visit:
https://www.wildlife.ca.qov/Conservation/Plants.
2.1 9
Sensitive
Plant
Exclusion.
If,
at
any
time,
a
special-status
plant
species
is
found,
it
shall
be
flagged
for
avoidance,
and
site-specific
avoidance
buffers
approved
by
CDFW
shall
be
implemented.
All
the
special-status
plants
and
associated
buffer
zones
shall
be
avoided
during
project
activities.
CDFW
may
submit
additional
written
avoidance,
minimization
and
mitigation
measures
if
special-status
plants
are
found
in
the
project
area.
Permittee
may
be
required,
as
prescribed
in
CESA
and
FESA,
to
obtain
take
coverage
for
any
species
these
acts
protect
prior
to
commencement
of
the
project.
The
additional
measures
shall
be
considered
part
of
this
Agreement.
2.20 Nesting
Bird
Survey.
If
covered
activities
are
scheduled
during
the
nesting
season
of
raptors
and
migratory
birds,
a
focused
survey
for
active
nests
of
such
birds
shall
be
conducted
by
an
approved
qualified
biologist
within
15 days
prior
to
the
beginning
of
project-related
activities.
Surveys
shall
be
conducted
in
all
suitable
habitat
located
at
routine
maintenance
project
work
sites,
in
staging,
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and
stockpile
areas.
The
minimum
survey
radii
surrounding
the
work
area
is
typically
the
following:
i)
250
feet
for
passerines;
ii)
500
feet
for
other
small
raptors
such
as
accipiters;
iii)
1,000
feet
for
larger
raptors
such
as
buteos.
The
bird
survey
methodology
and
the
results
of
the
survey
shall
be
submitted
to
the
CDFW
prior
to
commencement
of
project
activities.
Nesting
seasons
shall
be
defined
as
followed:
i)
March
15 to
August
30 for
smaller
bird
species
such
as
passerines;
ii)
February
15 to
September
15 for
raptors.
2.21 Active
Nests.
An
active
nest
is
defined
as
a
nest
having
eggs
or
chicks
present.
If
active
nests
are
found,
the
Permittee
shall
consult
with
the
CDFW
and
the
USFWS
regarding
appropriate
action
to
comply
with
the
Migratory
Bird
Treaty
Act
of
1918
and
the
FGC
of
California,
If
a
lapse
in
project-related
work
of
15 days
or
longer
occurs,
another
focused
survey
shall
be
conducted
before
project
work
is
reinitiated.
If
active
nests
are
found,
the
Permittee
shall
consult
with
the
CDFW
and
the
USFWS
prior
to
resumption
of
project
activities.
2.22 Active
Nest
Buffers.
Active
nest
sites
shall
be
designated
as
“Ecologically
Sensitive
Areas”
and
protected
(while
occupied)
during
routine
maintenance
activities
with
the
establishment
of
a
fence
barrier
surrounding
the
nest
site.
The
typical
minimum
distances
of
the
protective
buffers
surrounding
each
identified
nest
site
is
usually
the
following:
i)
1 ,000
feet
for
large
raptors
such
as
buteos;
ii)
250
feet
for
small
raptors
such
as
accipiters;
iii)
250
feet
for
passerines.
A
biological
monitor
shall
monitor
the
behavior
of
the
birds
(adults
and
young,
when
present)
at
the
nest
site
to
ensure
that
they
are
not
disturbed
by
project-related
activities.
Nest
monitoring
shall
continue
during
project-related
construction
work
until
the
young
have
fully
fledged,
are
no
longer
being
fed
by
the
parents
and
have
left
the
nest
site,
as
determined
by
a
the
approved
biological
monitor.
2.23 Nesting
Habitat
Removal
or
Modification.
No
trees,
shrubs
or
wetland
and
marsh
habitat
shall
be
disturbed
that
contain
active
bird
nests
until
all
eggs
have
hatched,
and
young
have
fully
fledged
(are
no
longer
being
fed
by
the
adults,
and
have
completed
left
the
nest
site).
To
avoid
potential
impact
to
nesting
birds,
any
removal,
trimming
or
pruning
of
vegetation
shall
be
conducted
during
the
time
period
of
September
16 to
February
14,
if
feasible.
No
habitat
removal
or
modification
shall
occur
within
the
Ecologically
Sensitive
Area
fenced
nest
zone
even
if
the
nest
continues
to
be
active
beyond
the
typical
nesting
season
for
the
species
(refer
to
Measure
2.19),
until
the
young
have
fully
fledged
and
will
no
longer
be
adversely
affected
by
the
project.
2.24 Sensitive
Species
Sightings.
If
there
are
any
sightings
of
special-status
plant
and
wildlife
species,
all
project
activities
shall
cease
and
CDFW
shall
be
contacted
within
24 hours
of
the
sighting.
Through
consultation
with
CDFW,
additional
measures
may
be
developed
to
protect
special-status
species
if
found.
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Injury
or
Mortality
of
Special-Status
Species.
If
Permittee
or
its
employees,
contractors,
or
agents
injures
or
kills
a
special-status
species,
or
finds
any
such
animal
injured
or
dead,
all
activities
in
the
work
area
shall
immediately
cease,
and
CDFW
and
USFWS
shall
be
notified
by
telephone
within
30 minutes
of
the
discovery.
A
written
report
detailing
the
time,
location,
and
general
circumstances
under
which
the
dead
or
injured
individual
animal
was
found
shall
be
submitted
to
CDFW
and
the
USFWS
no
later
than
five
(5)
business
days
following
the
incident.
2.26 Stop
Work
Authority.
The
biological
monitor
or
qualified
biologist
shall
have
the
responsibility
and
authority
of
stopping
the
project
if
any
crews
or
personnel
are
not
complying
with
the
provisions
outlined
in
this
Agreement.
2.27 Change
of
Conditions.
If,
in
the
opinion
of
CDFW,
conditions
arise,
or
change,
in
such
a
manner
as
to
be
considered
deleterious
to
the
stream
or
wildlife,
operations
shall
cease
until
corrective
measures
approved
by
CDFW
are
taken.
Vegetation
Removal
2.28 No
Removal
of
Coastal
Salt
Marsh
Vegetation.
No
coastal
salt
marsh
vegetation
shall
be
removed
from
the
project
site
and
access
areas
without
the
prior
approval
from
CDFW.
CDFW
shall
be
consulted
regarding
the
development
of
suitable
protective
and
mitigation
measures
if
vegetation
will
be
removed.
Upon
determination
of
those
measures,
the
CDFW
shall
submit
written
avoidance
and
mitigation
measures
to
the
Permittee
and
those
measures
shall
be
considered
part
of
this
Agreement.
2.29 Removal
of
Vegetation.
Disturbance
or
removal
of
vegetation
shall
not
exceed
the
minimum
necessary
to
complete
activities.
Vegetation
outside
the
project
work
area
shall
not
be
removed
or
damaged
without
prior
consultation
and
written
approval
of
a
CDFW
representative.
Hand
tools
shall
be
used
to
trim
vegetation
to
the
extent
necessary
to
gain
access
to
the
work
sites.
Routine
Maintenance
Limits
2.30 Limits
on
Sediment
Removal
in
the
Lagoon.
Sediment
removal
shall
be
limited
to
the
amounts
and
timing
specified
in
the
Project
Description.
Specifically,
sediment
removal
shall
be
limited
to
750
cy
in
each
year.
No
more
than
one
dredging
event
shall
be
conducted
each
year.
2.31 Removal
of
Native
Material.
Except
as
explicitly
described
in
this
Agreement,
the
removal
of
native
soils,
rock,
gravel,
vegetation,
and
vegetative
debris
from
the
Lagoon
or
Lagoon
banks
is
prohibited.
2.32 Dock
Repair
and
Installation.
Pressure-treated
wood
shall
not
be
used
for
replacement
or
newly
constructed
docks.
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and
Sediment
Control
Measures
2.33 Silt
Control
Measures.
Silt
control
measures
shall
be
utilized
throughout
all
phases
of
the
project
where
silt
and/or
earthen
fill
threaten
to
enter
Waters
of
the
State.
2.34 Silt
Control
Effectiveness.
Silt
control
structures
shall
be
monitored
daily
for
effectiveness
and
shall
be
repaired
or
replaced
as
needed.
Passage
of
sediment
beyond
the
sediment
barrier
is
prohibited.
If
the
sediment
barrier
fails
to
retain
sediment,
construction
activities
shall
cease
and
corrective
measures
shall
be
employed.
2.35 Cease
Project
for
Elevation
of
Turbidity
Levels.
Upon
CDFW
determination
that
turbidity/siltation
levels
resulting
from
project
related
activities
constitute
a
threat
to
aquatic
life,
activities
associated
with
the
turbidity/siltation
shall
be
halted
until
effective
CDFW-approved
control
devices
are
installed
or
abatement
procedures
are
initiated.
CDFW
may
take
enforcement
action
if
appropriate
turbidity
and
siltation
control
measures
are
not
deployed.
2.36 Native
Vegetation
Seeding
and
Planting.
All
other
areas
of
disturbed
soil
which
drain
toward
State
waters
shall
be
planted
with
propagules
(seeds,
cuttings
and/or
divisions)
of
locally-collected
native
plants
appropriate
for
the
soil
and
hydrological
conditions
of
the
site.
Locally
native
wildflower
and/or
shrub
seeds
may
also
be
included
in
the
planting
mix.
2.37 Prohibited
Plant
Species.
Permittee
shall
not
plant,
seed,
or
otherwise
introduce
invasive
plant
species.
Prohibited
exotic
plant
species
include
those
categorized
as
“High”
and
“Moderate”
in
the
California
Invasive
Plant
Council's
Inventory
Database,
which
is
accessible
at:
http://www.cal-ipc.org/paf/.
Equipment
and
Vehicles
2.38 Vehicle/Equipment
Maintenance.
Any
equipment
or
vehicles
driven
and/or
operated
in
proximity
of
the
Lagoon
or
creeks
shall
be
maintained
in
good
working
order
to
prevent
the
release
of
contaminants
that
if
introduced
to
water
could
be
deleterious
to
aquatic
life,
wildlife,
or
riparian
habitat.
Vehicles
shall
be
moved
away
at
least
150
feet
from
the
stream
prior
to
refueling
and
lubrication.
2.39 Equipment
Storage
and
Stationary
Operation.
Staging
and
storage
areas
for
equipment,
materials,
fuels,
lubricants
and
solvents
shall
be
located
outside
of
the
stream
channel
and
banks.
Stationary
equipment
such
as
motors,
pumps,
generators,
compressors
and
welders,
located
adjacent
to
the
Lagoon
or
stream,
shall
be
positioned
over
drip-pans.
Any
equipment
or
vehicles
driven
and/or
operated
in
proximity
to
the
stream
must
be
checked
and
maintained
daily.
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24 Toxic
or
Hazardous
Materials
2.40 Concrete
-
Primary
Containment
Permittee
shall
install
the
necessary
containment
structures
to
control
the
placement
of
wet
concrete
and
to
prevent
it
from
entering
into
the
Lagoon
outside
of
those
structures.
No
concrete
shall
be
poured
within
the
high
flow
line
if
the
30-day
weather
forecast
indicates
any
chance
of
rain.
2.41 Concrete
-
Designated
Monitor.
At
all
times
when
Permittee
is
pouring
or
working
with
wet
concrete,
there
shall
be
a
designated
monitor
to
inspect
the
containment
structures
and
ensure
that
no
concrete
or
other
debris
enters
into
the
channel
outside
of
those
structures.
Runoff
from
the
concrete
shall
not
be
allowed
to
enter
the
stream
channel
at
any
time.
2.42 Isolate
Poured
Concrete
for
30 Days.
Poured
concrete
shall
be
excluded
from
the
wetted
channel
for
a
period
of
30 days
after
it
is
poured.
During
that
time
the
poured
concrete
shall
be
kept
moist,
and
runoff
from
the
concrete
shall
not
be
allowed
to
enter
a
live
stream.
CDFW-approved
commercial
sealants
may
be
applied
to
the
poured
concrete
surface
where
difficulty
in
excluding
water
flow
for
a
long
period
may
occur.
If
sealant
is
used,
water
shall
be
excluded
from
the
site
until
the
sealant
is
dry.
2.43 Storage
and
Handling
of
Hazardous
Materials.
Any
hazardous
or
toxic
materials
that
could
be
deleterious
to
aquatic
life
shall
be
contained
in
watertight
containers
or
removed
from
the
project
site.
Such
materials
include,
but
are
not
limited
to,
debris
soil,
silt,
bark,
rubbish,
creosote-treated
wood,
raw
cement/concrete
or
washings
thereof,
asphalt,
paint
or
other
coating
material,
and
oil
or
other
petroleum
products.
These
materials
shall
be
prevented
from
contaminating
the
soil
and/or
entering
the
waters
of
the
State.
Any
such
materials,
placed
within
or
where
they
may
enter
a
stream
or
lake,
by
Permittee
or
any
party
working
under
contract,
or
with
permission
of
Permittee,
shall
be
removed
immediately.
BMPs
shall
be
employed
to
accomplish
these
requirements.
2.44 Removal
of
Trash
and
Debris.
Permittee
shall
remove
all
raw
construction
materials
and
wastes
from
work
sites
following
the
completion
of
maintenance
activities.
Food-contaminated
wastes
generated
during
work
shall
be
removed
on
a
daily
basis
to
avoid
attracting
predators
to
work
sites.
All
temporary
fences,
barriers,
and/or
flagging
shall
be
completely
removed
from
work
sites
and
properly
disposed
of
upon
completion
of
maintenance
activities.
Permittee
or
its
contractors
shall
not
dump
any
litter
or
construction
debris
within
the
riparian/stream
zone.
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24 Spills
and
Emergencies
2.45 Spill
Containment.
All
activities
performed
in
or
near
a
stream
shall
have
absorbent
materials
designated
for
spill
containment
and
clean-
up
activities
on¬
site
for
use
in
an
accidental
spill.
The
Permittee
shall
immediately
notify
the
California
Emergency
Management
Agency
at
1-800-852-7550
and
immediately
initiate
the
clean-up
activities.
CDFW
shall
be
notified
by
the
Permittee
and
consulted
regarding
clean-up
procedures.
3. Reporting
Measures
Permittee
shall
meet
each
reporting
requirement
described
below.
3.1 Notification
of
Proposed
Activities.
Given
that
Routine
Maintenance
Activities
begin
in
January
and
may
occur
year-round,
on
an
annual
basis,
Permittee
shall
provide
CDFW
written
notification
of
maintenance
projects
completed
and
of
proposed
routine
maintenance
activities
to
be
performed
in
the
upcoming
year.
Annual
reports
shall
include
a
brief
project
description,
amount
of
sediment
removed,
quantify
of
vegetation
removed,
number
of
docks
replaced
and
repaired
and
description
of
bank
repair
and
revetment.
The
appropriate
fee
from
the
current
CDFW
Streambed
Alteration
Agreement
Fee
Schedule
for
work
completed
under
this
Agreement
based
upon
the
number
of
projects
completed
in
the
reporting
period
shall
also
accompany
the
notice
of
proposed
activities.
The
annual
report
is
due
by
January
15 of
each
year.
A
report
shall
be
submitted
to
CDFW
regardless
of
whether
work
was
completed.
CDFW
may
terminate
this
Agreement
if
reports
and
fees
are
not
submitted
by
this
deadline.
CDFW
shall
append
annual
notification
reports
of
proposed
maintenance
activities
to
this
Agreement.
For
streamlined
tracking,
Permittee
shall
label
annual
notification
reports
according
to
the
following
convention:
Exhibit
A-[year]
(e.g.
Exhibit
A-2017,
Exhibit
A-2018).
3.2 Species
Survey
Methods
and
Results.
Prior
to
commencement
of
project
activities
the
Permittee
shall
submit
to
CDFW
a
report
containing
the
species
survey
methods
and
results
of
the
survey.
Refer
to
Notification
Number
1600-
2013-0268-R3
when
submitting
the
report
to
the
CDFW.
3.3 Notification
to
the
California
Natural
Diversity
Database
(CNDDB).
If
any
listed,
rare,
or
special
status
species
are
detected
during
project
surveys
or
on
or
around
the
project
site
during
project
activities,
the
Permittee
shall
submit
CNDDB
Field
Survey
Forms
to
CDFW
in
the
manner
described
at
the
CNDDB
website
(http://www.dfq.ca.qov/bioqeodata/cnddb/submittinq
data
to
cnddb.asp)
within
14 working
days
of
the
sightings.
Copies
of
such
submittals
shall
also
be
submitted
to
the
CDFW
regional
office
as
specified
below.
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24 CONTACT
INFORMATION
Any
communication
that
Permittee
or
CDFW
submits
to
the
other
shall
be
in
writing
and
any
communication
or
documentation
shall
be
delivered
to
the
address
below
by
U.S.
mail,
fax,
or
email,
or
to
such
other
address
as
Permittee
or
CDFW
specifies
by
written
notice
to
the
other.
To
Permittee:
Brad
Underwood
City
of
San
Mateo
Public
Works
Department
330
West
20th
Street
San
Mateo,
CA
94403
Work
(650)
522-7300
[email protected]
To
CDFW:
California
Department
of
Fish
and
Wildlife
Bay
Delta
Region
7329
Silverado
Trail
Napa,
California
94558
Attn:
Lake
and
Streambed
Alteration
Program
-
Suzanne
DeLeon
Notification
#1600-201
3-0268-R3
Fax
(707)
944-5553
Suzanne.
LIABILITY
Permittee
shall
be
solely
liable
for
any
violations
of
the
Agreement,
whether
committed
by
Permittee
or
any
person
acting
on
behalf
of
Permittee,
including
its
officers,
employees,
representatives,
agents
or
contractors
and
subcontractors,
to
complete
the
project
or
any
activity
related
to
it
that
the
Agreement
authorizes.
This
Agreement
does
not
constitute
CDFW’s
endorsement
of,
or
require
Permittee
to
proceed
with
the
project.
The
decision
to
proceed
with
the
project
is
Permittee’s
alone.
SUSPENSION
AND
REVOCATION
CDFW
may
suspend
or
revoke
in
its
entirety
the
Agreement
if
it
determines
that
Permittee
or
any
person
acting
on
behalf
of
Permittee,
including
its
officers,
employees,
representatives,
agents,
or
contractors
and
subcontractors,
is
not
in
compliance
with
the
Agreement.
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CDFW
suspends
or
revokes
the
Agreement,
it
shall
provide
Permittee
written
notice
by
certified
or
registered
mail
that
it
intends
to
suspend
or
revoke.
The
notice
shall
state
the
reason(s)
for
the
proposed
suspension
or
revocation,
provide
Permittee
an
opportunity
to
correct
any
deficiency
before
CDFW
suspends
or
revokes
the
Agreement,
and
include
instructions
to
Permittee,
if
necessary,
including
but
not
limited
to
a
directive
to
immediately
cease
the
specific
activity
or
activities
that
caused
CDFW
to
issue
the
notice.
ENFORCEMENT
Nothing
in
the
Agreement
precludes
CDFW
from
pursuing
an
enforcement
action
against
Permittee
instead
of,
or
in
addition
to,
suspending
or
revoking
the
Agreement.
Nothing
in
the
Agreement
limits
or
otherwise
affects
CDFW's
enforcement
authority
or
that
of
its
enforcement
personnel.
OTHER
LEGAL
OBLIGATIONS
This
Agreement
does
not
relieve
Permittee
or
any
person
acting
on
behalf
of
Permittee,
including
its
officers,
employees,
representatives,
agents,
or
contractors
and
subcontractors,
from
obtaining
any
other
permits
or
authorizations
that
might
be
required
under
other
federal,
state,
or
local
laws
or
regulations
before
beginning
the
project
or
an
activity
related
to
it.
This
Agreement
does
not
relieve
Permittee
or
any
person
acting
on
behalf
of
Permittee,
including
its
officers,
employees,
representatives,
agents,
or
contractors
and
subcontractors,
from
complying
with
other
applicable
statutes
in
the
FGC
including,
but
not
limited
to,
FGC
sections
2050
et
seq.
(threatened
and
endangered
species),
3503
(bird
nests
and
eggs),
3503.5
(birds
of
prey),
5650
(water
pollution),
5652
(refuse
disposal
into
water),
5901
(fish
passage),
5937
(sufficient
water
for
fish),
and
5948
(obstruction
of
stream).
Nothing
in
the
Agreement
authorizes
Permittee
or
any
person
acting
on
behalf
of
Permittee,
including
its
officers,
employees,
representatives,
agents,
or
contractors
and
subcontractors,
to
trespass.
AMENDMENT
CDFW
may
amend
the
Agreement
at
any
time
during
its
term
if
CDFW
determines
the
amendment
is
necessary
to
protect
an
existing
fish
or
wildlife
resource.
Permittee
may
amend
the
Agreement
at
any
time
during
its
term,
provided
the
amendment
is
mutually
agreed
to
in
writing
by
CDFW
and
Permittee.
To
request
an
amendment,
Permittee
shall
submit
to
CDFW
a
completed
CDFW
“Request
to
Amend
Lake
or
Streambed
Alteration”
form
and
include
with
the
completed
form
payment
of
the
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amendment
fee
identified
in
CDFW’s
current
fee
schedule
(see
Cal.
Code
Regs.,
tit.
14,
§
699.5).
TRANSFER
AND
ASSIGNMENT
This
Agreement
may
not
be
transferred
or
assigned
to
another
entity,
and
any
purported
transfer
or
assignment
of
the
Agreement
to
another
entity
shall
not
be
valid
or
effective,
unless
the
transfer
or
assignment
is
requested
by
Permittee
in
writing,
as
specified
below,
and
thereafter
CDFW
approves
the
transfer
or
assignment
in
writing.
The
transfer
or
assignment
of
the
Agreement
to
another
entity
shall
constitute
a
minor
amendment,
and
therefore
to
request
a
transfer
or
assignment,
Permittee
shall
submit
to
CDFW
a
completed
CDFW
“Request
to
Amend
Lake
or
Streambed
Alteration”
form
and
include
with
the
completed
form
payment
of
the
minor
amendment
fee
identified
in
CDFW’s
current
fee
schedule
(see
Cal.
Code
Regs.,
tit.
14,
§
699.5).
EXTENSIONS
In
accordance
with
FGC
section
1 605(b),
Permittee
may
request
one
extension
of
the
Agreement,
provided
the
request
is
made
prior
to
the
expiration
of
the
Agreement’s
term.
To
request
an
extension,
Permittee
shall
submit
to
CDFW
a
completed
CDFW
“Request
to
Extend
Lake
or
Streambed
Alteration”
form
and
include
with
the
completed
form
payment
of
the
extension
fee
identified
in
CDFW’s
current
fee
schedule
(see
Cal.
Code
Regs.,
tit.
14,
§
699.5).
CDFW
shall
process
the
extension
request
in
accordance
with
FGC
1605(b)
through
(e).
If
Permittee
fails
to
submit
a
request
to
extend
the
Agreement
prior
to
its
expiration,
Permittee
must
submit
a
new
notification
and
notification
fee
before
beginning
or
continuing
the
project
the
Agreement
covers
(Fish
&
G.
Code,
§
1605,
subd.
(f)).
EFFECTIVE
DATE
The
Agreement
becomes
effective
on
the
date
of
CDFW’s
signature,
which
shall
be:
1)
after
Permittee’s
signature;
2)
after
CDFW
complies
with
all
applicable
requirements
under
the
California
Environmental
Quality
Act
(CEQA);
and
3)
after
payment
of
the
applicable
FGC
section
71 1
.4
filing
fee
listed
at
http://www.wildlife.ca.qov/habcon/ceqa/cega
chanqes.html.
TERM
This
Agreement
shall
expire
on
December
31,
2021
unless
it
is
terminated
or
extended
before
then.
All
provisions
in
the
Agreement
shall
remain
in
force
throughout
its
term.
Permittee
shall
remain
responsible
for
implementing
any
provisions
specified
herein
to
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fish
and
wildlife
resources
after
the
Agreement
expires
or
is
terminated,
as
FGC
section
1605(a)(2)
requires.
EXHIBITS
The
documents
listed
below
are
included
as
exhibits
to
the
Agreement
and
incorporated
herein
by
reference.
A.
Annual
Notifications
of
Proposed
Work
(reserved
for
future
exhibits)
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If
the
person
signing
the
Agreement
(signatory)
is
doing
so
as
a
representative
of
Permittee,
the
signatory
hereby
acknowledges
that
he
or
she
is
doing
so
on
Permittee’s
behalf
and
represents
and
warrants
that
he
or
she
has
the
authority
to
legally
bind
Permittee
to
the
provisions
herein.
AUTHORIZATION
This
Agreement
authorizes
only
the
project
described
herein.
If
Permittee
begins
or
completes
a
project
different
from
the
project
the
Agreement
authorizes,
Permittee
may
be
subject
to
civil
or
criminal
prosecution
for
failing
to
notify
CDFW
in
accordance
with
FGC
section
1602.
CONCURRENCE
The
undersigned
accepts
and
agrees
to
comply
with
all
provisions
contained
herein.
FOR
CITY
OF
SAN
MATEO
Brad
Underwood
Permittee
f
kl
n
Date
FOR
DEPARTMENT
OF
FISH
AND
WILDLIFE
Craig'J.
Weightman
Environmental
Program
Manager
Prepared
by:
Suzanne
DeLeon
Environmental
Scientist
Date
Sent:
September
15,
2016;
December
16,
2016
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Notification
#1600-201
3-0268-R3
Streambed
Alteration
Agreement
Page
24 of
24 EXHIBIT
A
ANNUAL
NOTIFICATIONS
OF
COMPLETED
WORK
(Reserved
for
future
exhibits)
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DEPARTMENT OF THE ARMY
SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS
450 GOLDEN GATE AVENUE
SAN FRANCISCO, CALIFORNIA 94102
Jul
y 29, 2022
Re
gulatory Division
SU
BJECT: File Number 2000-257530S
Ms
. Sarah Scheidt
The City of San Mateo
330 West 20th Street
San Mateo, California 94403
[email protected]
Dear
Ms. Scheidt:
Enc
losed is your signed copy of a Department of the Army, Regional General Permit (RGP7) (Enclosure 1) to carry out routine maintenance activities in Marina Lagoon, City of San Mateo, San Mateo County, California.
Shoul
d you have any questions regarding this matter, please call Michael Orellana of our Regulatory Division at (415) 503-6769 or by e-mail at [email protected].
Please address all correspondence to the Regulatory Division and refer to the File Number at the head of this letter. If you would like to provide comments on our permit review process, please complete the Customer Survey Form available online at
http://www.spn.usace.army.mil/Missions/Regulatory.aspx.
Si
ncerely,
Jam
es Mazza
Chief, Regulatory Division
Enc
losure
El
ectronic Copies Furnished (w/encl):
US
EPA, San Francisco, CA (Attn: Jennifer Siu, [email protected]) US FWS, Sacramento, CA (Attn: Gary Stern, [email protected]) US NMFS, Sacramento, CA (Attn: Kim Squires, [email protected]) CA RWQCB, Oakland, CA (Attn: Tahsa Sturgis, [email protected]) SF BCDC, Permit No. M2004.030.00 Amendment No. One, San Francisco, CA (Attn: Pascale Soumoy, [email protected])
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DEPARTMENT OF THE ARMY
SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS
450 GOLDEN GATE AVENUE
SAN FRANCISCO, CALIFORNIA 94102
DEPARTMENT OF THE ARMY PERMIT
PERMITTEE: Ms. Sarah Scheidt, City of San Mateo
PERMIT NO.: 2000-257530S, RGP7
ISSUING OFFICE: San Francisco District
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate District or Division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below:
PROJECT DESCRIPTION: This Department the Army permit authorizes the City of San Mateo to conduct routine maintenance activities resulting in the placement of fill and work within Marina Lagoon in the City of San Mateo, San Mateo County, California.
Following are the activities authorized by this permit:
1) Construction, maintenance, and improvement of public and private individual boat docks and ramps and pile supported boardwalks on both banks of Marina Lagoon within the City limits of San Mateo. There will be up to 5 newly constructed docks per year, for a total of 25 new docks over the span of the 5-year permit. A typical dock on the lagoon is approximately 25 feet in width, occupying the full extent of the parcel, and up to the maximum allowable length of 25 feet from the shoreline, requiring at least 6-8 support piles having a typical pile diameter of 12 inches, and therefore, the total amount of new dock structures will be approximately 34.90 cubic yards of fill within less than 0.01 acre of Corps jurisdiction over 5 years.
2) Maintenance and improvement of existing stormwater outfalls and the O’Neill Slough tide gate inlet, and activities related to the construction of storm water outfalls. This will include yearly sediment and debris removal to maintain lagoon flows and inlet capacity. Accumulated and captured material will be removed with mechanical equipment and hand labor from O’Neill Slough tide gate inlet, stormwater outfalls (59 total), and at the southern litter boom as needed. Up to 250 cubic yards of sediment will be removed over the span of the 5- year permit. This permit does not authorize the expansion of hardscape associated with outfall improvement or maintenance within waters of the U.S.
3) Construction, maintenance, and improvement of bank protection including riprap, bulkheads, paving on banks, and cuts and fills. To the maximum extent practicable, any new or additional bank stabilization shall incorporate structures or modifications beneficial to fish and wildlife. Each year, up to 200 linear feet of bank slope repair and 50 linear feet of new bank protection may be permitted under this RGP (10 feet maximum width and 250 feet maximum length). Bank protection work would be limited to 0.06 acre of disturbance in any given year.
Bank and Shoreline protection shall occur as needed at any time of year. The total amount of fill permitted below the summer high water line over the course of 5 years is 116 cubic yards.
4) Construction, maintenance, and installation of new fences along established property lines will occur on an annual basis. Several private shoreline parcels have fences protruding into the Lagoon below the summer high water level. Fence repair and installation will occur as needed at any time of year. Up to 40 linear feet of new fencing will be constructed per year. Existing fences shall not extend more than 6 feet into the Lagoon beyond the summer high water level. No new fences shall be constructed below the point on the shoreline intersected by
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ENG FORM 1721, Nov 86 2 (33 CFR pt. 325 (Appendix A))
the plane of the summer high water level. The total amount of fill associated with fence structures placed within Corps jurisdiction will be less than 1 cubic yard over the course of 5 years.
5) Maintenance, including sand replenishment, at the existing beaches at Lakeshore Park and Aquatic Park. Sand replenishment is estimated to occur once per year. Sand replenishment at both park locations will result in less than 0.001 acre of temporary impacts above the water line in each year. Up to 100 cubic yards in total of sand sourced from a local provider will be replenished annually at the Lagoon beaches.
6) Sediment Removal/Dredging: Operation of the Marina Lagoon will require periodic maintenance dredging to sustain the desired depth of sediment and flow in front of the 19th Avenue Creek, 16th Avenue Channel, and Laurel Creek inlets. The proposed dredging activities will result in the short-term disturbance of localized sediment. Up to 2,000 cubic yards of sediment will be dredged over the span of the 5-year permit.
7) Removal of nuisance aquatic vegetation. Mechanical harvesters will be used intermittently in the Lagoon throughout the late spring and summer (June through August), to control excessive growth of widgeon grass and filamentous algae to provide safe boating conditions and to maintain water quality and water flow.
All work shall be completed in accordance with the plans and drawings titled “USACE File #2000-257530S, Regional General Permit (RGP 7) for Marina Lagoon, July 1, 2022, 12 Sheets,” provided as enclosure 1.
PROJECT LOCATION: Marina Lagoon in the City of San Mateo, San Mateo County, California (Lat: 37.568611, Long: 122.292222).
PERMIT CONDITIONS:
GENERAL CONDITIONS:
1. The time limit for completing the work authorized ends on June 1, 2027. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below.
Should you wish to cease to maintain the authorized activity, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. For your convenience, a copy of the water quality certification or waiver is attached. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary
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ENG FORM 1721, Nov 86 3 (33 CFR pt. 325 (Appendix A))
to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
7. You understand and agree that, if future operations by the United States require the removal, relocation or other alteration of the structure or work authorized herein, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, you will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.
SPECIAL CONDITIONS:
1. By letter dated, February 25, 2022, the U.S. Fish and Wildlife Service (USFWS) concurred with the determination that the project may affect but is not likely to adversely affect California Ridgway’s rail (Rallus obsoletus obsoletus) and Salt marsh harvest mouse (Reithrodontomys raviventris) and their critical habitat. This concurrence was premised, in part, on the description of the proposed action and conservation measures discussed in enclosure 3. These measures are incorporated as special conditions to this Regional General Permit to ensure unauthorized incidental take of species and loss of critical habitat does not occur.
2. By letter dated, February 7, 2022, the National Marine Fisheries Service (NMFS) concurred with the determination that the project is not likely to adversely affect North American green sturgeon southern DPS (Acipenser medirostris) Central California Coast steelhead DPS (Oncorhynchus mykiss) and their critical habitat. This concurrence was premised, in part, on the description of the proposed action and conservation measures discussed in enclosure 4. These measures are incorporated as special conditions to this Regional General Permit to ensure unauthorized incidental take of species and loss of critical habitat does not occur.
3. Construction in waters of the U.S. is restricted to the California Department of Fish and Wildlife (CDFW) dry season, or the end of any extension granted by CDFW, the Water Board, and the Corps. The seasonal work period for new dock installation using poured concrete and beach sand replenishment shall be restricted to April 15 to October 31. The seasonal work period for dock repair, bank stabilization, and fence repair and installation shall be restricted to the annual drawdown period from January 15 to February 15, otherwise the work period will be restricted to April 15 to October 31. New dock installation using precast concrete may occur at any time provided that the homeowners follow the requirements of the standard Dock Specification Packet issued by the Applicant. Minor debris removal that does not require excavation, and that is immediately necessary to prevent blocking the inlets, may be conducted at any time. Any work conducted within 700 feet of Joinville Park shall be conducted from September 1 to October 15.
4. The permittee shall fully implement the avoidance and minimization measures as described in enclosure 5 during construction.
5. Prior to the start of each construction season, the permittee shall submit a pre-construction proposal for the year’s projects for Corps’ approval and authorization under this RGP. At a minimum, the pre-construction proposal shall include:
a. a list of the activities and their locations;
b. the volume, area, and type of temporary fill proposed to be discharged within waters of the U.S.; c. the volume, area, and type of permanent fill proposed to be discharged within waters of the U.S.; d. the volume and area of sediment proposed to be dredged from within waters of the U.S.; e. the amount of new hardscape proposed within waters of the U.S. (as opposed to replacement hardscape); and
f. whether special aquatic sites (e.g., wetlands or eelgrass) would be impacted.
6. The permittee must submit an annual report in accordance with the following procedures: Within sixty days after the conclusion of the construction season, you shall submit an annual report documenting the activities
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ENG FORM 1721, Nov 86 4 (33 CFR pt. 325 (Appendix A))
that occurred. This report shall include a description of the work performed, specifically noting any changes to proposed projects from what was outlined in the pre-construction proposal. The annual report may be submitted as an excel spreadsheet. At a minimum, the annual report shall include the following information for that year:
• A description of activities completed and their location; • Conservation measures implemented that year;
• The impacts associated with each project category for the preceding year; and • The total impacts associated with each project category over the life of the RGP.
FURTHER INFORMATION:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 403). (X) Section 404 of the Clean Water Act (33 U.S.C. Section 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. Section 1413).
2. Limits of this authorization:
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
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EN
G FORM 1721, Nov 86 5 (33 CFR pt. 325 (Appendix A))
b. The
information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate. (See Item 4 above.)
c. Si
gnificant new information surfaces which this office did not consider in reaching the original public interest decision.
Su
ch a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 C.F.R. § 325.7 or enforcement procedures such as those contained in 33 C.F.R. §§ 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 C.F.R. § 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Ex
tensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your
signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
______
_________________________________________ _________________________________________ (PERMITTEE) (DATE)
Th
is permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
______
_________________________________________ _________________________________________ James Mazza (DATE) Chief, Regulatory Division
San Francisco District
Whe
n the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
______
_________________________________________ _________________________________________ (TRANSFEREE) (DATE) 7/26/2022
29 JUL 2022
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Attachment C
Figure 7. Planting Plan and Notes
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-3
-2
0 2
4 6
8 MITIGATION AREA: 0.40 ACRES
EXISTING TRAIL
EXISTING VEGETATION
TO REMAIN, TYP
MARINA LAGOON
PLANTING AREA: 0.15 ACRES
PLANTING AREA: 0.15 ACRES
MITIGATION AREA: 0.21 ACRES
PLANT PALETTE
SYMBOL BOTANIC NAME COMMON NAME O.C (FT) QUANTITY
BACCHARIS PILULARIS COYOTE BRUSH 6'
BACCHARIS PILULARIS 'PIGEON POINT' DWARF COYOTE BRUSH 6' ARTEMISIA CALIFORNICA CALIFORNIA SAGE BRUSH 5'
FRANGULA CALIFORNICA 'EVE CASE' EVE CASE COFFEEBERRY 4' LUPINUS ALBIFRONS SILVER LUPINE 4'
ERIOGONUM FASCICULATUM CALIFORNIA BUCKWHEAT 3'
61 91
90 92
113
180
CONTAINER SIZE
1 GAL
1 GAL
1 GAL
1 GAL
1 GAL
1 GAL
LOCATION MAP
N.T.S.
SAN MATEO
PROJECT SITE
SCALE: 1 " = 40 '
0 40
PLANT LAYOUT
Marina Lagoon
Mitigation Area
San Mateo, Clifornia
Figure 7.
Planting Plan
L:\Acad 2000 Files\31000\31027\DWG\Mitigation Planting Areas\Plan-Plant.dwgPath: Prepared By: dgriffin, 10/13/2021 N
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SECTIONWIDTH AS SPECIFIEDOR 2X WIDTH OFROOTBALLSHRUB PLANTING DETAILNOT TO SCALE BACKFILL WITH ONE PARTCOMPOST , 3 PARTSNAVIVE SOILNATIVE SOIL CREATE FOUR (4) INCHHIGH BERM AROUNDPLANTING HOLE TODETAIN WATER3" MULCH, KEEP 2"AWAY FROM PLANTSTEM SET PLANT 2" ABOVE GRADE 2XX
NOTES1.LANDSCAPE ARCHITECT TO MARK EXISTING VEGETATION TO REMAIN.2.CLEAR AND GRUB UNMARKED EXISTING VEGETATION WITHIN PLANTINGAREAS PRIOR TO PLANTING. TILL CLEARED AREA TO MIN DEPTH OF 4 INCHES.FINAL SURVEY SHALL BE RAKED OR GRADED SMOOTH AND BE FREE OFROCKS THAT HAVE DIAMTER GREATER THAN 3 INCHES.3.ALL INVASIVE PLANTS SHALL BE HAND PULLED OR MECHANICALLY REMOVED.REMOVE ENTIRE PLANT INCLUDING ALL TOP GROWTH AND ROOT SYSTEM.DISPOSED OF OFF SITE AT A LICENSED LANDFILL.4.REPEAT REMOVAL OF INVASIVE PLANTS WILL LIKLEY BE REQUIRED AFTERPLANTING FOLLOWING SITE INSPECTIONS.5.PLANT INSTALLATION SHALL OCCUR BETWEEN OCTOBER 15TH ANDDECEMBER 31ST OR AS APPROVED BY THE LANDSCAPE ARCHITECT.6.THE CONTRACTOR SHALL STAKE OR MARK THE OUTER LIMITS OF THEPLANTING AREAS AND A TYPICAL LAYOUT FOR APPROVAL BY THE LANDSCAPEARCHITECT PRIOR TO INSTALLATION.5.0.30 ACRES OF THE MITIGATION AREA IS TO PLANTED WITH NATIVE SPECIES.
Marina LagoonMitigation AreaSan Mateo, Clifornia
Figure 7.Details andNotes
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Attachment D - IPM Policy
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1 Scope of Work for
IPM Landscape Pest Control Services
City has an Integrated Pest Management (IPM) Policy. The City’s IPM policy strives to promote IPM strategies to improve water quality in local creeks and the Bay, and independent of the policy, minimize health hazards to people from pesticide exposure.
Service provider shall conform to City’s IPM Policy in the following manner:
1. Furnish all supervision, labor, materials, and equipment necessary to evaluate, monitor, and provide pest management services for City of San Mateo rights-of- way, turf, landscaping and other terrestrial vegetation resources.
2. Whenever feasible, utilize pest management techniques that employ least toxic chemicals and non-pesticide alternatives.
3. Using IPM strategies, control vegetation pests that include various annual, biennial and perennial weeds.
4. Control pests while minimizing human exposure, secondary poisoning to non- target animals and pesticide-related water pollution by adhering to the following conditions:
the following products may not be used for pest control:
copper containing products
organophosphate products (e.g., diazinon, chlopyrifos, malathion, and parathion)
carbamate products (e.g., carbaryl and aldicarb)
pyrethroid products (e.g., allethrin, bifenthrin, beta-cyfluthrin, bioallethrin, cyfluthrin, cypermethrin, cyphenothrin, deltamethrin, esfenvalerate, etofenprox, fenpropathrin, gamma-cyhalothrin, imiprothrin, lambda- cyhalothrin, metofluthrin, permethrin, phenothrin, prallethrin, resmethrin, sumithrin (d-phenothrin), tau-fluvalinate, tefluthrin, tetramethrin, tralomethrin, cis-permethrin, and zeta-cypermethrin)
fipronil and its degradates
clopyralid products
indoxacarb
diuron
diamide products (e.g., chlorantraniliprole and cyantraniliprole)
Emergency applications of restricted chemical pesticides can be authorized by the project manager by submitting a written recommendation from a Pest Control Advisor (PCA) for use of the particular chemical, and should describe why less toxic alternatives are not practical.
4. Pest management and pesticide use tracking and reporting. The following records will be kept and procedures followed while servicing these sites:
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2 Inspection Report. Provide inspection and recommendation report to Project Manager or their designee after each site visit.
Pesticide Use Report. Provide monthly pesticide reporting information using the standard California Department of Pesticide Regulation form PR-ENF-060 or equivalent. Any recommendations for restricted chemical use must also be included with the monthly report. Submit the pesticide use information to the City Project Manager with the monthly billing invoice.
6. Qualifications.
Service provider will be in compliance with all federal, state, and local pest control operator requirements and regulations and maintain current licenses. The city strongly encourages IPM-certification. The following firms offer instruction and certification determined by the Regional Water Quality Control Board to satisfy standards of training for IPM:
a. Bay-Friendly Landscaping and Gardening Coalition.
http://bayfriendlycoalition.org/
This is not intended as an endorsement of any particular firm. Other firms may offer comparable training. The service providers should submit a copy of their IPM certification.
7. Ongoing IPM Training: The City encourages service providers to attend annual IPM trainings. Service providers should submit documentation demonstrating their attendance at IPM trainings.
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City of San Mateo IPM Program
Pesticide Use Summary Report
Service Provider Name:
Reporting Period:
Contact:
Phone:
Mailing Address:
Provide monthly pesticide reporting information using the standard California Department of Pesticide Regulation form PR -ENF-060 or the form below. Submit the pesticide use information to the City Project Manager with the monthly billing invoice.
Note: City requires alternatives to the use of the following pesticides: copper containing products; o rganophosphate products; carbamate products; synthetic pyrethroid products; fipronil; clopyralid products; indoxacarb; diuron; and diamide products . Emergency applications of restricted chemical pesticides can be authorized by the project manager by submitting a written recommendation from a Pest Co ntrol Advisor (PCA) for use of the particular chemical, and should describe why less toxic alternatives are not practical.
Date Manufacturer/Name of Product
Applied (if applicable)
EPA/CA Registration Number
Include Alpha Code
Total Product
Used
Location of
work
Units treated
(acres/trees,
etc)
Attachment F
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EXHIBIT B
PAYMENT RATES
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5 IV. FEE PROPOSAL
Task Item Estimate Unit Unit Price Total w. Direct Costs 1 Mobilization N/A LS 200 per day per vehicle w 20 trips, clerical DIR 5,500.00$ 2 Invasive Plant Removal 0.3 AC 8,500 per day full team w disposal 9,000.00$ 3 Install Baccharis pilularis 61 EA 40.00$ 2,440.00$ 4 Install Baccharis pilularis 'Pigeon Point' 91 EA 40.00$ 3,640.00$ 5 Install Artemisia californica 90 EA 40.00$ 3,600.00$ 6 Install Frangula californica 'Eve Case' 92 EA 40.00$ 3,680.00$ 7 Install Lupinus albifrons 113 EA 40.00$ 4,520.00$ 8 Install Eriogonum fasciculatum 180 EA 40.00$ 7,200.00$ 9 Install Mulch 20 CY 8,500 per day full team w materials 9,500.00$ 10 120 Day Guarantee Period 1 EA 2,500 per day half crew anually 2,500.00$ 11 Annual Invasive Species Management 3 YEAR 2,500 per day half crew x 3 trips each year 22,500.00$ 12 Replacement Planting 2 YEAR 2,500 per day half crew anually w material 9,000.00$ Total 83,080.00$
Alt. 1 Plant Protection Exclusionary Fence N/A EA 9,000 per day full team w materials 10,000.00$ Total w Alt. 1 93,080.00$
Task by Fiscal Year Cost
Phase 1 Tasks - Fiscal Year 2022/2023
1- Mobilization 2,500$
2- Invasive Plant Control 9,000$
3,4,5,6,7,8 Out-Planting 25,080$
9 Mulch 9,500$
10 120 Day Guarantee Period 2,500$
11 Annual Invasive Species Management 7,500$
Alt. 1 Plant Protection 10,000$
Total Phase 1 66,080$
Phase 2 Tasks - Fiscal Year 2023/2024
1 Mobilization 1,500$
11 Annual Invasive Species Management 7,500$
12 Replacement Planting 4,500$
Total Phase 2 13,500$
Phase 3 Tasks- Fiscal Year 2024/2025
1 Mobilization 1,500$
11 Annual Invasive Species Management 7,500$
12 Replacement Planting 4,500$
Total Phase 3 13,500$
Total: 93,080$
Exhibit B - Payment Rates
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EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products -completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non- owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be nece ssary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
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Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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CITY OF SAN MATEO
3 7
4 5
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 10-4666 File ID: 22-6767 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 07, 2022
SUBJECT:
Fashion Island Boulevard/19th Avenue Class IV Bikeway – Application RECOMMENDATION:
Adopt a Resolution to approve the submittal of an application to the San Mateo County Transportation Authority for Measure A and W Pedestrian and Bicycle Program Grant Funding for the Fashion Island Boulevard/19th Avenue Class IV Bikeway project in the amount of $2,000,000 with a local match requirement of approximately $200,000; and, if awarded, authorize the City Manager to execute all required documents and appropriate funds to the project.
BACKGROUND:
On August 4, 2022, the San Mateo County Transportation Authority released a Call for Projects for grant funding from the Measure A and W Pedestrian and Bicycle Program (Program). The funds through this grant Program are intended to support projects that improve bicycling and walking accessibility and safety to encourage greater use of active transportation modes. Measure A was reauthorized in 2004 and is a half-cent sales tax for transportation improvements.
Three percent of revenue from Measure A is available through this grant program. Measure W was authorized by voters in 2018 and is a new half-cent sales tax measure for transportation improvement implementation. Five percent of Measure W revenue is available through this grant program.
The San Mateo County Transportation Authority (TA) and the City/County Association of Governments (C/CAG) are cosponsors of two US 101/SR 92 Interchange Projects (the near-term Area Improvements and long-term Direct Connectors projects). The TA and C/CAG have been working to identify strategies to ensure the US 101/SR 92 interchange improvements also include multimodal elements. In parallel, the San Mateo County Transit District (SamTrans) completed an Express Bus Feasibility Study that identified transit-related infrastructure that could be bundled with and implemented alongside highway improvements.
The proposed Fashion Island Boulevard/19th Avenue Class IV Bikeway project (Project) is part of a joint effort between the City, TA, and SamTrans to design and construct multimodal improvements as part of this project (collectively known as the 101/92 Multimodal Projects). It is envisioned to be part of the Fashion Island Boulevard and 19th Avenue Smart Corridor and would connect directly to a proposed Mobility Hub at the existing Caltrans Park and Ride location. In addition to the proposed Class IV separated bikeway, the Smart Corridor would include design options for smart streetlights, air quality monitoring, traffic signal detection enhancements, and smart kiosks and digital bus stops with real-time transit information.
The total cost for the bikeway facility, including feasibility, design, and construction, is approximately $8,000,000; this grant application is for $2,000,000 with the remainder of funding from other grant sources. If funded, the City will provide $200,000 in total for the Project as local matching funds. The Project represents a unique opportunity for the TA to partner with C/CAG, SamTrans, and the City to implement highway, transit, Intelligent Transportation Systems (ITS), and complete
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streets improvements on roadways near the US 101/SR 92 interchange. These new elements will also help with the Project’s competitiveness in grant opportunities and with delivering more local benefits to the community surrounding the interchange.
The proposed Project represents the first step in planning and designing a corridor that connects San Mateo and Foster City residents and workers directly with regional multimodal transit options to allow people to opt out of congestion through the interchange. As the Project sponsor, the City is requesting that Council adopt a resolution in support of the $2,000,000 grant application and commit $200,000 in local matching funds if awarded the grant.
BUDGET IMPACT:
The submittal of the grant application for $2,000,000 has no immediate financial impact. If awarded, the grant requires a 10 percent minimum local match (estimated at $200,000). The City will provide a total of $200,000 in matching funds to fulfill this match requirement as the sponsor agency. Staff intends to allocate funds from Measure A funding to fulfill the local match requirement. If awarded, the Measure A funding will be appropriated to the 101/92 Multimodal Project.
ENVIRONMENTAL DETERMINATION:
This grant application and resolution is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) This project was identified in the 2020 Bicycle Master Plan, which was determined to be Categorically Exempt under CEQA per Section 15304 Minor Alterations to Land – Class 4, Subsection (h).
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Resolution
STAFF CONTACT
Sue-Ellen Atkinson, Principal Transportation Planner
[email protected]
(650) 522-7288
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RESOLUTION NO. ____ (2022)
APPROVING THE SUBMITTAL OF AN APPLICATION TO THE SAN MATEO COUNTY TRANSPORTATION
AUTHORITY FOR MEASURE A AND W PEDESTRIAN AND BICYCLE PROGRAM GRANT FUNDING FOR THE FASHION ISLAND BOULEVARD/19TH AVENUE CLASS IV BIKEWAY PROJECT AND AUTHORIZE EXECUTION OF ALL
REQUIRED DOCUMENTS
WHEREAS, the City of San Mateo (Sponsor) has identified the need for a bicycle connection on Fashion Island Boulevard/19th Avenue to provide stronger transit access and accessibility for San Mateo and Foster City residents; and
WHEREAS, the Sponsor has developed the Fashion Island Boulevard/19th Avenue Class IV Bikeway Project (Project) to provide a seamless and comfortable direct connection for bicyclists and pedestrians along Fashion Island Boulevard/19th Avenue as part of the 101/92 Multimodal Project; and WHEREAS, it will cost $2,200,000 to implement the Project scope; and WHEREAS, the Sponsor seeks $2,000,000 in grant funding for the Project; and WHEREAS, the San Mateo County Transportation Authority (TA) issued a Call for Projects for the Measure A & W Pedestrian and Bicycle Program on August 4, 2022; and WHEREAS, the TA requires a governing board resolution from the Sponsor for the following items:
1. Supporting the Project and application for $2,000,000 in TA Pedestrian and Bicycle Program funds for Project; and
2. Committing the Sponsor to the completion of the Project, including the appropriation of matching funds in the amount of $200,000 needed for implementation; and
3. Certifying that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and
4. Authorizing the Sponsor’s City Manager, or his/her designee, to sign a funding agreement with the TA, if funds are awarded, for TA pedestrian and bicycle program funding for the Project and to take any other actions necessary to give effect to this resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. Staff is directed to submit an application for TA Measure A and W Pedestrian and Bicycle Program funds for $2,000,000 for the Fashion Island Boulevard/19th Avenue Class IV Bikeway project.
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2. The City Manager, or his/her designee, is authorized to execute a funding agreement with the San Mateo County Transportation Authority and to take any other actions necessary to give effect to this resolution.
3. The City is committed to the completion of the Project, including the appropriation of $200,000 of matching funds needed for implementation, if awarded the requested TA funds.
4. The City certifies that any funds awarded by the San Mateo County Transportation Authority will be used to supplement existing funds for program activities and will not replace existing funds or resources.
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 22-6773 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 07, 2022
SUBJECT:
Wastewater Treatment Plant Immediate Action Project, Package II – Appropriation RECOMMENDATION:
Adopt a Resolution to authorize an appropriation of funds in the amount of $477,677 from the Sewer Fund Reserves for the Wastewater Treatment Plant Immediate Action Projects, Package II Project, revising the total project budget to a value of $13,021,372.
BACKGROUND:
The Clean Water Program (CWP) includes significant infrastructure upgrades at the Wastewater Treatment Plant (WWTP).
The WWTP Immediate Action Projects, Package II Project (Project) includes scope to improve the aging solids handling systems at the WWTP, including improvements to the sludge cake pumping system and installation of a sludge cake storage hopper.
The current fiscal year 2022-23 available budget for the Project is $12,543,695. As of October 10, 2022, the estimate to complete the Project is $13,021,372. This estimate includes additional construction, engineering, project management, and construction management costs through February 2023. A budget appropriation of $477,677 from the Sewer Fund Reserves is required to address the project budget deficit.
The Project has experienced issues related to both the sludge cake storage hopper as well as the cake pumping system. As a result, there have been increased costs for ongoing project and construction management, design services, and constructing solutions. The challenges with the sludge storage hopper have been addressed and associated costs are part of this appropriation. This appropriation does not address problems with the sludge cake pumping system, as solutions for that issue are still being evaluated. Another supplemental appropriation may be required at a future date.
BUDGET IMPACT:
There are sufficient funds available in the Sewer Fund Reserves for this appropriation to the WWTP Immediate Action Project, Package II Project (46T009).
ENVIRONMENTAL DETERMINATION:
The work addressed by this administrative report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.
NOTICE PROVIDED
All meeting noticing requirements were met.
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ATTACHMENTS
Att 1 - Proposed Resolution
STAFF CONTACT
Matt Fabry, Deputy Director
[email protected]
650 522 7309
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303
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RESOLUTION NO. ____ 2022
AUTHORIZING AN APPROPRIATION OF $477,677 FROM THE SEWER FUND RESERVES FOR THE WASTEWATER
TREATMENT PLANT IMMEDIATE ACTION PROJECT, PACKAGE II PROJECT WHEREAS, the Wastewater Treatment Plant Immediate Action Projects, Package II Project (“Project”) includes scope to improve the aging solids handling systems at the Wastewater Treatment Plant, including improvements to the sludge cake pumping system and installation of a sludge cake storage hopper; and WHEREAS, the Fiscal Year 2022-23 available budget for the Project is $12,543,695; and WHEREAS, as of October 10, 2022, the estimate to complete the project is $13,021,372, which includes additional costs associated with construction, engineering, project management, and construction management through February 2023 due to ongoing challenges encountered related to the sludge cake storage hopper and cake pumping system; and
WHEREAS, a budget appropriation of $477,677 is required to address the deficit; and WHEREAS, this appropriation does not address problems with the sludge cake pumping system, which are still uncertain, and another supplemental appropriation may be required at a future date if determined necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. The work addressed by this administrative report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.
2. An appropriation of funds of $477,677 from Sewer Fund Reserves to the Wastewater Treatment Plant Immediate Action Projects, Package II project (46T009), revising the total project budget to a value of $13,021,372, is hereby authorized.
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 22-6775 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 07, 2022
SUBJECT:
Wastewater Treatment Plant Supply of Liquid Polymer – Contract Change Order RECOMMENDATION:
Approve a contract change order to SNF Polydyne for the supply of liquid emulsion polymer in the amount of $15,000 for a revised total contract amount of $394,303 and authorize the Public Works Director to execute the change order in substantially the form presented.
BACKGROUND:
The Wastewater Treatment Plant (WWTP) uses liquid emulsion polymer to dewater biosolids. This polymer use is important as the chemical optimizes the dewatering process, producing biosolids with less water. The lower the water content in the biosolids, the lower the transportation costs associated with the hauling for their disposal.
In June 2022, the City Council approved the award of a contract to SNF Polydyne in an amount of $379,303 to provide the WWTP with liquid emulsion polymer. However, the contract amount did not include a required Federal Import Tariff charged by the supplier for importing this polymer. The proposed contract change order will ensure adequate funding to cover the import tariff in the amount of $0.0606 per pound of polymer, which would increase the annual cost to the City by approximately $12,120. The import tariff is set annually by the federal government and it is possible that the amount of this tariff could increase during the term of this contract. To account for this possibility, staff has included an additional amount of $2,880. Based on the above, staff recommends approval of a contract change in order in the amount of $15,000 for a total contract amount of $394,303.
BUDGET IMPACT:
Sufficient funding is available for this change order in the Wastewater Treatment Plant operating budget.
ENVIRONMENTAL DETERMINATION:
This change order is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Contract Change Order No. 1
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STAFF CONTACT
Rob Learmonth
[email protected]
650 522 7312
Matt Fabry, Deputy Director
[email protected]
650 522 7309
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Contract Change Order Page 1 of 1
Rev 7/21
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CITY OF SAN MATEO
PUBLIC WORKS DEPARTMENT
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER
PROJECT:WASTEWATER TREATMENT PLANT SUPPLY OF LIQUID POLYMER TO: SNF POLYDYNE
CONTRACT CHANGE ORDER NO. 1 Page 1 of 1
Purchase Order No. 46-05683 October 12, 2022
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.
DESCRIPTION OF WORK
Following is a description of work to be done, estimate of quantities, and prices to be paid.
CCO No. 1 will allow for the inclusion of a Federal Import Tariff of $0.0606 per pound charged for importing polymer.
Total cost of change not to exceed: $15,000.00
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
By reason of this proposed change, 0 days extension of time will be allowed.
Date Accepted:
Contractor: SNF POLYDYNE
By: ____________________________________________________________ Boyd Stanley
Title: Vice President
DISTRIBUTION: Purchasing Department, Contractor, Construction Inspector, Project Manager/Project Analyst, Project File
STATEMENT OF ACCOUNT
Original Contract Price $379,303.00
Previous Change Orders $0.00
Total to date $379,303.00
This Change Order $15,000.00
Revised Contract Price $394,303.00
Date Approved:
By: ________________________________________________
Azalea Mitch, Director of Public Works
NOTE: This change order is not effective until approved by the Director of Public Works.
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: PUBLIC HEARING Account Number: 14-1311 File ID: 22-6792 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: November 07, 2022
SUBJECT:
Downtown Business Improvement Area - Public Hearing
RECOMMENDATION:
Introduce an Ordinance to modify the basis and method of levy for the Downtown Business Improvement Area (DBIA); and adopt a Resolution to approve the Proposed Annual Assessment Schedule for the DBIA for Fiscal Year 2023-24.
BACKGROUND:
In accordance with Street and Highways Code Section 36500 and following, the City Council is required to hold two meetings to adjust the Downtown Business Improvement Area (DBIA) assessments. At the October 17, 2022 City Council meeting, the DSMA presented the proposal for assessment modifications and requested that the City Council adopt a resolution of intent to modify the basis and method of levy for the DBIA and scheduled a public hearing on November 7, 2022, to approve the proposed method and basis for the assessment.
Proposed Assessment Changes
For the last twelve years, the DSMA has not increased the DBIA assessments despite rapidly rising costs in San Mateo and the surrounding region. For fiscal year 2022-23, DSMA estimated the DBIA assessments to be approximately $150,000, anticipating a revenue reduction due to an economic slowdown. In order to maintain existing services and provide long- term sustainability of the BID, an adjustment is necessary. The new proposed rate was created based on DSMA’s goal of a reaching an annual budget of $400,000.
The proposed new rate is based on business type, location, size and employee count. •Business Type: Businesses have been categorized into Retail, Professional, Service and Financial based on their North American Industry Classification (NAIC) codes. The hotel and miscellaneous categories have been removed.
•Location: The zone of the business is determined by proximity to the Downtown core. Businesses located in Zone 1 pay higher assessments, as they tend to see greater benefits from cleanliness, beautification projects, and promotional activities than businesses further from the Downtown. Businesses located in Zone 2 are assessed at 50% of Zone 1. The existing zones and boundaries of the DBIA will remain the same. •Size: For retail businesses, the proposed rate is based on the gross receipts of a business, and the existing five tiers have remained the same at $0-$150,000, $150,001-$400-000, $400,001-600,000, $600-001-$1,000,000 and over $1,000,000. For professional and service businesses, the proposed rate is based on the number of employees working for the business. Professional and service businesses are categorized into five tiers from 0 to 5 employees, 6-15 employees, 16-35 employees, 36-75 employees, and over 75 employees.
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Rate Change by Business Type
Retailers are businesses that offer goods and products for sale and include restaurants, bars, grocery stores, furniture stores, clothing and apparel, jewelry, frames and similar. Retail business rates will increase from $166.35 to $200 for businesses with gross revenues of less than $150,000 for Zone 1 and from $66.35 to $100 for Zone 2. The rate increases for each tier is based on gross revenue and caps at $1,500 for retailers with over a $1,000,000 in revenues for Zone 1 and $750 for Zone 2.
Professional businesses are primarily second floor users that offer highly specialized services such as software development, software integration, cloud storage, gaming, medical, legal, accounting, architectural, engineering services and similar. These businesses will see the most significant fee increase. Professional businesses located in Zone 1 will change from a flat rate of $99.82 to a starting rate of $550 for up to 5 employees and rising to $3,050 for up to 75 employees. For businesses with over 75 employees, the business will be charged an additional $14 per employee on top of the $3,050 annual assessment. Professional businesses located in Zone 2 will change from a flat rate of $66.55 to $275 for up to 5 employees and rising to $1,525 for up to 75 employees. For businesses with over 75 employees, the business will be charged an additional $7 per employee on top of the $1,525 annual assessment.
Service businesses provide personal services like hair salons, nail salons, massage services, dry cleaners, auto bodies, gyms vacuum repair shops and similar. Service businesses located in Zone 1 will change from a flat rate of $133.08 to a starting rate of $400 for up to 5 employees and rising to $2,300 for up to 75 employees. For service businesses with over 75 employees, the business will be charged an additional $10 per employee on top of the $2,300 annual assessment. Service businesses located in Zone 2 businesses will change from a flat rate of $66.55 to $200 for up to 5 employees and rising to $1,150 for up to 75 employees. For businesses with over 75 employees, businesses will be charged an additional $5 per employee on top of the $1,150 annual assessment.
Financial businesses providers include money management firms, payment systems, digital banking, and brick and mortar banks. Financial businesses will continue to be assessed at a flat rate. Financial businesses located in Zone 1 will change from $998.15 to $1,500 and from $665.44 to $775 for Zone 2.
Mills Health Center is a non-profit hospital located in the Downtown. The hospital does not have to contribute to the assessment but is voluntarily proposing an annual $6,050 contribution to the DSMA to support the fee adjustment effort because the hospital understands the value of a vibrant Downtown and the need for increased sanitation and having a vibrant and clean Downtown for its employees, patients, and visitors to the hospital.
The changes in the proposed assessment structure and fees are intended to share costs more equitably among businesses in the DBIA and provide a sustainable revenue stream to maintain and improve services in the Downtown.
While the all volunteer DSMA Board has done an incredible job carrying out the work of the DSMA, the organization cannot continue indefinitely without an executive director. With the revenues provided by the current annual assessment, the organization cannot hire a skilled executive director while maintaining its current level of services and programs. Thus, the DSMA is requesting the Council to support the modification of the DBIA fee and the proposed fee schedule.
Public Outreach
The DSMA contracted with CivicMic for outreach and engagement on the fee proposal. The outreach portion focused on connecting with business owners in the Downtown Business Improvement Area (DBIA) and informing them about DSMA‘s desire for input on the services currently provided and the proposed fee change. CivicMic mailed postcards with information about the DSMA in English, Spanish, and Chinese, and held an online meeting on March 30, 2022. A survey launch followed these outreach efforts to provide another mechanism for business owners to provide feedback.
The DSMA also conducted an in-person meeting on September 22, 2022, where representatives from 10 businesses in the Downtown attended. The results from the outreach indicated that the business stakeholders are generally aware of
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the services being provided by DSMA and recognized these services as important to the success of their businesses.
Maintaining the cleanliness of the area is the most important service identified by business owners, while beautification and the promotion of public events are also valued. Additionally, there was a range of support for the fee change. While many business owners supported restructuring of the fee to make it more equitable to all businesses, there were also businesses who felt indifferent to the fee change. DSMA has continued to outreach to businesses to inform them of the fee change and garner support for the November meeting.
The DSMA sent out letters to every impacted business ahead of the October 17th meeting where the resolution of intent was considered. The City sent out a second letter announcing the public hearing with a copy of the adopted resolution of intent on October 24, 2022. Public comments, including written protests, have been included as Attachment 4 to this report. Any additional public comments and/or written protests received after the preparation of this report will be presented at the public hearing on November 7, 2022.
Annual Revenue
Under the existing assessment schedule, DBIA revenues averaged approximately $180,000 for the last 10 years before the pandemic. To support small businesses through the pandemic, the DSMA reduced its fees by 50% in fiscal year 2020-21 and again in fiscal year 2021-22. Thus, for the last two years the assessment was approximately $92,000. Under the proposed new structure, annual assessment is projected to range between $360,000 to $400,000.
In year one, the additional funds would support:
•Hiring of a full-time executive director
•Enhanced and additional cleaning services across the district •Expanded marketing to promote downtown and businesses
•New event programming to attract new and returning patrons and enhance the Downtown experience.
Public Hearing
At the November 7, 2022 public hearing, the City Council will review the public comments, including the written protests, and consider whether to approve the proposed resolution and draft ordinance included as Attachment 1 and 2 to modify the basis and method for DBIA assessment.
If approved, the new assessment is anticipated to start on July 1, 2023. This will allow businesses time to plan for the new rates and provide a longer recovery time for businesses who are struggling financially. Additionally, it allows time for the City’s finance department to implement the new rates internally through our Business License Tax system.
In accordance with Streets and Highways Code Section 36535, if written protests are received from the owners of businesses in the proposed area that will pay 50% or more of the assessment, the proposed modification will not occur and no further proceedings are to take place for one year.
BUDGET IMPACT:
Modifying the DBIA assessment fee does not have an impact on the General Fund.
ENVIRONMENTAL DETERMINATION:
This item is exempt from California Environmental Quality Act (CEQA) requirements because it is an administrative activity that will not have a significant effect on the environment per CEQA Guidelines section 15378(b)(5).
NOTICE PROVIDED
All meeting noticing requirements were met. Businesses within the DBIA were sent a letter announcing the public hearing with a copy of the adopted resolution of intent on October 24, 2022. A public notice and the adopted resolution of intention was also published in the San Mateo Daily Journal for 7 days.
ATTACHMENTS
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Att 1 – Draft Ordinance
Att 2 – Proposed Resolution
Att 3 – NBS Study
Att 4 – Public Comments
STAFF CONTACT
Jennifer Chen, Economic Development Manager
[email protected]
(650) 522-7009
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CITY OF SAN MATEO
DRAFT ORDINANCE
An Ordinance Modifying the Basis and Method of Levy for the Downtown Business Improvement Area (DBIA) and Amending Ordinance Nos. 1986-12, 1995-21, 1996-13, and 2008-7 WHEREAS, on May 5, 1986, pursuant to Section 35600, et seq. of the California Streets and Highway Code, the City Council adopted Ordinance No. 1986-12 to establish the Downtown Business Improvement Area (DBIA) of the City of San Mateo; and
WHEREAS, on August 21, 1995, the City Council adopted Ordinance No. 1995-21 amending Ordinance No. 1986-12 to repeal and replace the section entitled, “System of Charges or Assessments”; and
WHEREAS, on June 24, 1996, the City Council adopted Ordinance No. 1996-13 amending Ordinance No. 1995-21 to again repeal and replace the section entitled, “System of Charges or Assessments,” and to change the number of benefit zones from three to two; and WHEREAS, on June 2, 2008, the City Council adopted Ordinance No. 2008-7 amending Ordinance Nos. 1986-12 and 1996-13 to expand the DBIA boundaries; and WHEREAS, on October 17, 2022, the City Council adopted a Resolution of Intent to modify the basis and method of levy for the DBIA and to set a public hearing to consider the proposed changes to the annual assessment; and
WHEREAS, prior boundaries and zones for the DBIA under Ordinance No. 2008-7 are to remain the same as previously adopted; and
WHEREAS, a notice of public hearing and Resolution of Intent was published in the local newspaper and mailed to each business in the DBIA; and
WHEREAS, a public hearing to consider the modification of the basis and method of levy for the DBIA was held on November 7, 2022 at 7:00 p.m. in the City Council Chambers at 330 W. 20th Avenue, where all protests and testimony regarding the proposed assessment were heard and considered by the City Council; and
WHEREAS, all protests, both written and oral, are hereby overruled, and there was no majority protest made by the businesses in the DBIA, pursuant to Sections 36525 and 36540 of the California Streets and Highways Code; and
WHEREAS, the businesses located within the DBIA will benefit from the expenditure of funds raised by the annual assessment.
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NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA ORDAINS AS FOLLOWS:
Section 1. The Section entitled “System of Charges or Assessments” (Section 3) contained in Ordinance 1996-13 is repealed and the following section is added:
Section 3. The Section entitled “System of Charges or Assessments” Charges or assessment shall be made upon various classes of businesses and zones of benefit in the following manner:
Retail: includes but is not limited businesses that have goods and food for sale including automotive vehicles and parts dealers, home furnishing stores, jewelers, electronics and appliance stores, building material and garden equipment and supplies dealers, food and beverage stores, full- service restaurants, limited service restaurant, fast food restaurants, cafeterias, dessert and snack establishments, bars, gasoline stations, clothing and clothing accessories, sporting goods, hobby stores, music instruments, book stores, general merchandise store, wireless phone stores and similar.
All businesses classified as Retail shall pay an annual assessment based on the following gross receipts schedule:
Professional: includes but is not limited to businesses that offer services that are highly specialized and typically require licensing and regulations. Professional service providers and information-based businesses such as software publishers, data processing, network hosting and related services, internet publishing and broadcasting and web search portals, venture capital, insurance agencies and brokerage, real estate agents and brokers, offices of lawyers, accounting, architectural, engineering advertising, translation and interpretation services, veterinary services, offices of physicians, offices of dentists, other health practitioners, and similar.
All businesses classified as Professional shall pay an annual assessment based on the number of full-time equivalency employees.
Professional (based on number of employees)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
Up to 5 Employees $550.00 $275.00
6-15 Employees $1,200.00 $600.00
16-35 Employees $2,300.00 $1,150.00
36-75 Employees $3,050.00 $1,525.00
76+ Employees 1, 2 $3,050.00
$98.82
$1,525.00
$66.55
1 - $3,050 + $14.00 per employee over 75 employees for Zone 1 2 - $1,525 + $10.00 per employee over 75 employees for Zone 2 Retail (based on annual gross receipts)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
0- $150,000 $200.00 $166.36 $100.00 $66.55
$150,001- $400,000 $400.00 $332.72 $200.00 $99.82
$400,001- $600,000 $800.00 $665.43 $400.00 $133.10
$600,001- $1,000,000 $1,150.00 $998.15 $575.00 $199.62
$1,000,000+ $1,500.00 $1,330.88 $750.00 $332.72
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Service: includes but is not limited to providers of personal and business services such as hair salons, nail salons, lock smiths, dry cleaners, auto service and maintenance shops, gyms, vacuum repair shops, educational, childcare, electronic equipment repair, personal care services, and similar.
All businesses classified as Service shall pay an annual assessment based on the number of full-time equivalency employees.
Service (based on number of employees)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
Up to 5 Employees $400.00 $200.00
6-15 Employees $1,150.00 $575.00
16-35 Employees $1,700.00 $850.00
36-75 Employees $2,300.00 $1,150.00
76+ Employees 3, 4 $2,300.00
$133.08
$1,150.00
$66.55
3 - $2,300 + $10.00 per employee over 75 employees for Zone 1 4 - $1,150 + $7.00 per employee over 75 employees for Zone 2 Financial: includes but not limited to businesses in the financial industry such as money management, payments, digital banking, banks, savings and loan companies, credit unions, finance companies, and similar.
All businesses classified as Financial shall pay a flat annual assessment.
Financial (flat rate)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
Financial $1,500.00 $998.15 $775.00 $665.44
Hotels: Removed
Miscellaneous: Removed
Based on their North American Industry Classification System (NAICS), businesses previously categorized as Miscellaneous will be assigned to one of the following categories: Retail, Professional, or Service.
For Professional and Service sectors, the number of employees shall be determined based on Full Time Equivalent of 40 hours a week as reported on the initial business license application and updated thereafter during the annual business license renewal.
Annually, for subsequent years, the assessments will be adjusted in accordance with the annual March San Francisco-Oakland-San Jose consumer Price Index of the Bureau of Labor Statistics, United States Department of Labor, under the heading All Items-All Urban Consumers (CPI), or any index substituted by the Department of Labor therefore.
A single assessment shall be paid when multiple business are located at the same address as defined in this paragraph. Businesses are located at the same address if, for example, they occupy the same suite within an office building or occupy the same suite within an office building or occupy undivided retail or service space within a large retail or service establishment. Businesses are not located at the same address merely because they share a common entry from a public street with a common principal
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address such as in most office buildings. The assessment to be paid shall be based on accumulated gross receipts for multiple businesses or shall be set at the highest assessment within the applicable fixed fee classification if there are multiple classification for which there is no gross receipts table.
All businesses, including new businesses in operation for one year or less are subject to the assessment.
Section 2. Environmental Determination. This City Council action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Section 15378(b)(5).) Section 3. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
Section 4. Publication. This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section
2.15 of the City Charter.
Section 5. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective on July 1, 2023.
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)
APPROVING THE PROPOSED ANNUAL ASSESSMENT SCHEDULE FOR THE DOWNTOWN BUSINESS IMPROVEMENT AREA FOR FISCAL YEAR 2023-24
WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Street and Highway Code Section 36500 et seq.) authorizes cities to establish new parking business improvement districts for the purpose of imposing assessments on businesses for certain purposes and to modify the boundaries, assessments and activities in the district; and
WHEREAS, the City Council approved Ordinance No. 1986-12 (Ordinance) establishing the Downtown Business Improvement Area (DBIA); and
WHEREAS, the City Council approved Ordinance No. 1995-21 to repeal and replace the section of the Ordinance entitled, “System of Charges or Assessments;” and WHEREAS, the City Council approved Ordinance No. 1996-13 amending the DBIA to again repeal and replace the section entitled, “System of Charges or Assessments,” and to change the number of benefit zones from three to two; and
WHEREAS, the City Council approved Ordinance No. 2008-7 expanding the DBIA boundary; and WHEREAS, the City Council supports a strong, economically sustainable and vibrant Downtown with enhanced cleaning services, public space programming for special events, and beautification programs; and WHEREAS, the Downtown businesses value enhanced cleaning services, special community events to promote Downtown businesses and enhance Downtown’s image; and WHEREAS, the DBIA fees have not been increased in twelve years, despite rising costs in San Mateo and the surrounding region; and
WHEREAS, the Downtown San Mateo Association commissioned NBS to evaluate the methods of current assessment and to provide guidance on amended assessments; and WHEREAS, NBS provided a Memorandum dated October 5, 2022, (“NBS Study”) with its findings and proposed assessment schedule; and
WHEREAS, the proposed assessment schedule in the NBS Study was created to more equitably distribute costs among the businesses based on their business type, size, and location in the DBIA to assist with creating and maintaining a vibrant Downtown core; and
WHEREAS, the proposed assessment will start on July 1, 2023, to allow businesses time to plan for the new rates and provide a longer recovery time for businesses who are still struggling financially; and
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WHEREAS, a public hearing was held on November 7, 2022, after being duly noticed for a time and place specified in the notice of intention; and
WHEREAS, all protests, either written or otherwise to the assessment proposed were heard and considered at the public hearing; and
WHEREAS, Streets and Highways Code section 36535(b) authorizes the City Council, upon the conclusion of the public hearing, to approve changes in the proposed assessments; and WHEREAS, this project is exempt from California Environmental Quality Act (CEQA) requirements because it is an administrative activity that will not have a significant effect on the environment per CEQA Guidelines section 15378(b)(5)).
NOW, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES THAT:
1. The City Council confirms that a majority protest, within the meaning of Streets and Highways Code Sections 36525 and 36540, was not made with regards to the proposed assessments.
2. The City Council hereby approves and confirms the findings of the NBS Study.
3. The City Council approves the proposed assessment set forth in the Annual Assessment Schedule for FY 2023-2024, attached hereto as Exhibit A for the Downtown Business Area set forth in the “DBIA Boundary Map,” attached hereto as Exhibit B.
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Exhibit A:
Downtown Business Improvement Area (DBIA) Annual Assessment Schedule For FY 2023-2024 Professional (based on number of employees)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
Up to 5 Employees $550.00 $275.00
6-15 Employees $1,200.00 $600.00
16-35 Employees $2,300.00 $1,150.00
36-75 Employees $3,050.00 $1,525.00
76+ Employees 1, 2 $3,050.00
$98.82
$1,525.00
$66.55
1 - $3,050 + $14.00 per employee over 75 employees for Zone 1 2 - $1,525 + $10.00 per employee over 75 employees for Zone 2 Service (based on number of employees)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
Up to 5 Employees $400.00 $200.00
6-15 Employees $1,150.00 $575.00
16-35 Employees $1,700.00 $850.00
36-75 Employees $2,300.00 $1,150.00
76+ Employees 3, 4 $2,300.00
$133.08
$1,150.00
$66.55
3 - $2,300 + $10.00 per employee over 75 employees for Zone 1 4 - $1,150 + $7.00 per employee over 75 employees for Zone 2 Financial (flat rate)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
Financial (flat rate) $1,500.00 $998.15 $775.00 $665.44 Assessment Category Definitions:
•Employees: shall be defined as Full Time Equivalent employees on staff as reported by the business on the City of San Mateo business license application
•Miscellaneous: Removed
•Hotels: Removed
•Retail: includes but not limited businesses that have goods and food for sale including automotive vehicles and parts dealers, home furnishing stores, jewelers, electronics and Retail (based on annual gross receipts)
Zone 1 Zone 2
PROPOSED Existing PROPOSED Existing
0- $150,000 $200.00 $166.36 $100.00 $66.55
$150,001- $400,000 $400.00 $332.72 $200.00 $99.82
$400,001- $600,000 $800.00 $665.43 $400.00 $133.10
$600,001- $1,000,000 $1,150.00 $998.15 $575.00 $199.62
$1,000,000+ $1,500.00 $1,330.88 $750.00 $332.72
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appliance stores, building material and garden equipment and supplies dealers, food and beverage stores, full-service restaurants, limited service restaurant, fast food restaurants, cafeterias, dessert and snack establishments, bars, gasoline stations, clothing and clothing accessories, sporting goods, hobby stores, music instruments, book stores, general merchandise store, wireless phone stores and similar
•Professional: includes but not limited to businesses that offer services that are highly specialized and typically require licensing and regulations. Professional service providers and information-based businesses such as software publishers, data processing, network hosting and related services, internet publishing and broadcasting and web search portals, venture capital, insurance agencies and brokerage, real estate agents and brokers, offices of lawyers, accounting, architectural, engineering advertising, translation and interpretation services, veterinary services, offices of physicians, offices of dentists, and other health practitioners •Service: includes but is not limited to providers of personal and business services such as hair salons, nail salons, lock smiths, dry cleaners, auto service and maintenance shops, gyms, vacuum repair shops, educational, childcare, electronic equipment repair, personal care services, and similar
•Financial: includes but not limited to businesses in the financial industry such as money management, payments, digital banking, banks, savings and loan companies, credit unions, and finance companies
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Exhibit B: Map of Downtown San Mateo Business Improvement Area (DBIA) Zone 1 - Shaded parcels
Zone 2 – Parcels outlined in black
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32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fax: 951.296.1998
nbsgov.com
MEMO
To: Downtown San Mateo Association Board Members
From: Sara Mares/NBS
Date: October 5, 2022
Re: Update to Business Improvement District Research and Analysis from February 2020 Executive Summary
Downtown San Mateo has gone through many changes over the past years, with more changes to come. Community leaders realized it was time to review the level of services provided, budget and method of funding within the Downtown Business Improvement Area (the “DBIA”). In particular, there has been a desire to update the fee structure so that it is more equitable, based on the benefits offered by the services that are provided.
As with many downtowns, there is a shift occurring in retail from goods to experiences, such as shopping to din ing. In the City of San Mateo (the “City”) , there has also been a pronounced increase in office space and foot traffic from those workers and office users. At the same time, there has been a natural increase in the cost of operations (Downtown San Mateo As sociation [the “DSMA”] staff, cleaning, event production) while revenues have remained flat.
Background – Downtown Business Improvement Area
The City established the DBIA in 1986, pursuant to the Parking and Business Improvement Area Law of 1979 , to levy an annual assessment on businesses within the DBIA in order to provide decorations, promote public events, furnish music, and generally promote business activities within the DBIA . The DSMA is the advisory board appointed by the City Council of the City (the “Council”) to make recommendations to the Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, and on the method and basis of levying the assessments.
The Parking and Business Impro vement Area Law of 1979 was repealed and replaced with the Parking and Business Improvement Area Law of 1989 (the “PBIA Law”), and, as such, the DBIA is currently subject to Chapters 3, 4, and 5 of the PBIA Law, covering (1) Assessments, (2) Modifications to Boundaries, Assessments, Improvements, or Activities, and (3) Disestablishment, respectively. Pursuant to the PBIA Law, the City must renew the DBIA each year More recently, the DSMA has focused on beautification and cleanliness , public outreach, promotion of the DBIA, and events. The City collects the annual assessment —on behalf of the DSMA—from each business within the DBIA as part of the annual business license tax, which provides the majority of the revenue needed to pay for these services and activities. Efforts to
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review the funding have been ongoing. Please refer to Appendix C for a copy of the initial memorandum prepared in analyzing the funding options.
Rate Analysis
In order for the DSMA to generate desired revenue of $ 400,000, NBS recommends the following rates for each of the following categories in Zone 1 and Zone 2, based on the discussions with the DSMA and our understanding of the area:
Based on information provided by the City, the following table shows the number of businesses within each basic category:
The business type categories are described in more detail below:
Business Type Total
Financial 11
Mills Health Center 1
Professional 176
Retail 166
Service 128
Total 482
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Financial: includes but not limited to businesses in the financial industry such as money management, payments, digital banking, banks, savings and loan companies, credit unions, and finance companies
Mills Health Center: Voluntarily contribution – specifically the business identified Professional: includes but not limited to businesses that offer services that are highly specialized and typically require licensing and regulations. Professional service providers and information-based businesses such as software publishers, data processing, network hosting and related services, internet publishing and broadcasting and web search portals, venture capital, insurance agencies and brokerage, real estate agents and brokers, offices of lawyers, accounting, architectural, engineering advertising, translation and interpretation services, veterinary services, offices of physicians, offices of dentists, and other health practitioners Retail: includes but not limited businesses that have goods and food for sale including automotive vehicles and parts dealers, home furnishing stores, jewelers, electronics and appliance stores, building material and garden equipment and supplies dealers, food and beverage stores, full-service restaurants, limited service restaurant, fast food restaurants, cafeterias, dessert and snack establishments, bars, gasoline stations, clothing and clothing accessories, sporting goods, hobby stores, music instruments, book stores, general merchandise store, wireless phone stores and similar
Service: includes but is not limited to providers of personal and business services such as hair salons, nail salons, lock smiths, dry cleaners, auto service and maintenance shops, gyms, vacuum repair shops, educational, childcare, electronic equipment repair, personal care services, and similar
Please refer to Appendix A to see the factors assigned to each Business Type in each Zone.
Please refer to Appendix B to see how each Business License Description was categorized.
Conclusion
As discussed within this memo, the business landscape in the Downtown San Mateo area has changed since the original DBIA was formulated. There has been a pronounced increase in office space and foot traffic from those workers and office users. Meanwhile, there has been a natural increase in the cost of operations while revenues have remained flat. Due to the DSMA’s desire to provide increased services and improved equity among the payors for those services, there is a need for increased revenue.
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Appendix A
Downtown San Mateo Association
Downtown Business Improvement Area
Proposed Assessment Rates for FY 2023/24 Assuming a Budget of $400,000, Zone 2 Factor of 50% Retail: $0 - $150,000 1.00 $166.36 1.00 $200.00 20.22% Retail: $150,001 - $400,000 2.00 332.72 2.00 400.00 20.22% Retail: $400,001 - $600,000 4.00 665.43 4.00 800.00 20.22% Retail: $600,001 - $1,000,000 6.00 998.15 6.00 1,150.00 15.21% Retail: $1,000,001 + 8.00 1,330.88 8.00 1,500.00 12.71% Professional 1 0.60 99.82 - - n/a Miscellaneous 2 0.60 99.82 - - n/a Service 1 0.80 133.08 - - n/a Hotel 3 1.60 266.18 - - n/a Financial 6.00 998.15 6.00 1,550.00 55.29% Mills Health Center 4 - - 24.00 n/a Professional: Up to 5 Employees 1 - 99.82 2.00 550.00 450.99% Professional: 6-15 Employees 1 - 99.82 4.75 1,200.00 1102.16% Professional: 16-35 Employees 1 - 99.82 9.00 2,300.00 2204.15% Professional: 36-75 Employees 1 99.82 12.00 3,050.00 2955.50% Professional: 76+ Employees 1 5 99.82 12.00 3,050.00 2955.50% Service: Up to 5 Employees 1 - 133.08 1.50 400.00 200.57% Service: 6-15 Employees 1 - 133.08 4.50 1,150.00 764.14% Service: 16-35 Employees 1 - 133.08 6.75 1,700.00 1177.43% Service: 36-75 Employees 1 133.08 9.00 2,300.00 1628.28% Service: 76+ Employees 1 6 133.08 9.00 2,300.00 1628.28% 3 - Only one business in the DBIA is classified as Hotel ; however, it is not actually a hotel, it is a rooming house.
In the future, NBS recommends that the Hotel category be consolidated into one of the Service categories. 4 - Assigned 24 times the Benefit Factor assigned to Retail: $1,000,001 + . 5 - Base rate of $3,050, plus $14.00 per employee over 75 employees. 6 - Base rate of $2,300, plus $10.00 per employee over 75 employees. 1 - The Professional and Service categories are proposed to be broken-up into five new categories, with tiers based on employee counts. For purposes of this analysis, assumptions were made regarding employee counts at existing businesses within the DBIA (using the listing of business licenses provided by the City of San Mateo), as such information is not available from the City of San Mateo. 2 - NBS proposes to eliminate the Miscellaneous category and reassign existing businesses with that designation into one of the Professional or Service categories.
Rate @ $400k
Annual %
Change
Zone 1
Current Structure Revised Structure
FY 2022/23 FY 2023/24
Business Type
Benefit
Factor Rate
Benefit
Factor
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Appendix A
Downtown San Mateo Association
Downtown Business Improvement Area
Proposed Assessment Rates for FY 2023/24 Assuming a Budget of $400,000, Zone 2 Factor of 50% Retail: $0 - $150,000 0.40 $66.55 0.50 $100.00 50.26% Retail: $150,001 - $400,000 0.60 99.82 1.00 200.00 100.36% Retail: $400,001 - $600,000 0.80 133.10 2.00 400.00 200.53% Retail: $600,001 - $1,000,000 1.20 199.62 3.00 575.00 188.05% Retail: $1,000,001 + 2.00 332.72 4.00 750.00 125.41% Professional 1 0.40 66.55 - - n/a Miscellaneous 2 0.40 66.55 - - n/a Service 1 0.40 66.55 - - n/a Hotel 3 0.40 66.55 - - n/a Financial 4.00 665.44 3.00 775.00 16.46% Professional: Up to 5 Employees 1 - 66.55 1.00 275.00 313.22% Professional: 6-15 Employees 1 - 66.55 2.40 600.00 801.58% Professional: 16-35 Employees 1 - 66.55 4.50 1,150.00 1628.02% Professional: 36-75 Employees 1 66.55 6.00 1,525.00 2191.51% Professional: 76+ Employees 1 5 66.55 6.00 1,525.00 2191.51% Service: Up to 5 Employees 1 - 66.55 0.75 200.00 200.53% Service: 6-15 Employees 1 - 66.55 2.25 575.00 764.01% Service: 16-35 Employees 1 - 66.55 3.38 850.00 1177.24% Service: 36-75 Employees 1 66.55 4.50 1,150.00 1628.02% Service: 76+ Employees 1 6 66.55 4.50 1,150.00 1628.02% 3 - Only one business in the DBIA is classified as Hotel ; however, it is not actually a hotel, it is a rooming house.
Accordingly, NBS recommends that the Hotel category be consolidated into one of the Service categories. 4 - The Benefit Factor for all business types in Zone 2 have been modified to be 50% (Zone 2 Factor) of the Benefit Factor for corresponding busniess types in Zone 1. The Zone 2 Factor is not consistently applied under the current rate structure.
5 - Base rate of $1,525, plus $7.00 per employee over 75 employees. 6 - Base rate of $1,150, plus $5.00 per employee over 75 employees. 1 - Professional and Service categories are proposed to be broken-up into five new categories, with tiers based on employee counts. For purposes of this analysis, assumptions were made regarding employee counts at the existing businesses within the DBIA (using the listing of business licenses provided by the City of San Mateo), as such information is not available from the City of San Mateo. 2 - NBS proposes to eliminate the Miscellaneous category and reassign existing businesses with that designation into one of the Professional or Service categories.
Rate @ $400k
Annual %
Change
Zone 2
Current Structure Revised Structure
FY 2022/23 FY 2023/24
Business Type
Benefit
Factor Rate
Benefit
Factor 4
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FINANCIAL
BANK
BANKING
COMMERCIAL BANK
FINANCIAL SVCS
SECURITIES BROKER
SECURITY BROKER
PROFESSIONAL
3D VISUALIZATION TRAINING
ACCOUNTING
ACCOUNTING SERVICES
ACCOUNTING, TAX SERVICES
ACUPUNCTURE
ACUPUNCTURE SERVICES
ACUPUNCTURIST
ARCHITECTURE
ASSET MANAGEMENT
ATTORNEY
AUDIOLOGY SERVICES
BUILDING SCANNING AND BUILDING DATA HOSTING
BUSINESS CONSULTANTRECORDS STORAGE
CHIROPRACTIC
CHIROPRACTOR
CLINICAL LAB
CLOUD BASED INFASTRUCTURE FOR REAL TIME MESSAGING/MOBILE APP
COMPUTER SOFTWARE AND SERVICES
CONSULTANT
CONSULTING
COUNSELING SERVICES
COWORKING SPACE
CPA FIRM
DATA PROCESSING PLATFORM
DATABASE DEVELP
DENTAL OFFICE
DENTAL PRACTICE
DENTIST
DERMATOLOGY PRACTICE
DESIGN STRATEGY
Dispensing Optician
DOCTORS OFFICE
ELECTRONIC INSTRUMENTS FOR SAILBOATS AND PADDLEBOARDS
ESCROW
EXECUTIVE SUITES BUSINESS
EXPORT AND IMPORT OFFICE
FINANCIAL SRVCS
GAME SOFTWARE DEVELOPMENT
GENERAL DENTAL PRACTICE
HOTEL MGT
INCOME TAX INSURANCE AND REGISTRATION SERVICE
INSURANCE
INSURANCE SALES
INSURANCE/FIN
INTERNET APPLICATIONS AND DIGITAL MEDIA
INTERNET CLOUD PLATFORM SERVICE
INVESTMENT ADVICE
KIDNEY DIALYSIS SERVICE
LAW FIRM
LAW OFFICE
LAW OFFICES
LAW PRACTICE
MANAGEMENT CONSULTING
MARKETING CONSULTING
MARRIAGE AND FAMILY THERAPHY
MARRIAGE AND FAMILY THERAPIST
MARRIAGE FAMILY THERAPY
MEDICAL
MEDICAL CLINIC
MEDICAL DOCTOR
APPENDIX B
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PROFESSIONAL
MEDICAL OFFICE
MEDICAL PRACTICE
MEDICAL PSYCHIATRY GROUP PRACTICE
MEDICAL SERVICE
MEDICAL SERVICES
MENTAL HEALTH SV
MENTAL HEALTH/COUNSELING SERVICES
MERCHANT ACQUIRING
MOBILE GAME DEVELOPMENT
MOBILE/INTERNET APP DEVELOPMENT
MORTGAGE BROKER
ONLINE DATA BACKUP
ONLINE SOFTWARE SUBSCRIPTIONS DIY VIDEO
OPHTHALMOLOGY
OPTICAL STORE
OPTOMETRIST PRACTICE
OPTOMETRY OFFICE
PEDIATRIC URGENT CARE
PHYSICIAN
PODIATRY
PRIVATE OPERATING FOUNDATION
PROFESSIONAL SVC
PROJECT MANAGEMENT CONSULTING
PROPERTY MANAGEMENT
PROPERTY MGMT
PROSTHETIC AND ORTHOTIC SERVICES
PSYCHIATRIST
PSYCHOTHERAPIST AT BUILDING SOLUTIONS COUNSELING CENTER PSYCHOTHERAPIST: ELIZABETH ALVAREZ
PSYCHOTHERAPY
PSYCHOTHERAPY PRACTICE
PSYCHOTHERAPY SERVICES
PUBLIC ADVOCATE AND EDUCATION FOR CA FACIAL PLASTIC SURGERY
PUBLIC RELATIONS SERVICES
REAL ESTATE
REAL ESTATE BRKR
REAL ESTATE INVESTMENTS
REAL ESTATE MGMT
RECONSTRUCTIVE SURGERY
RECRUITING COMPANY
RECRUITING SERVICES
RESEARCH AND DEVELOPMENT
RETAIL EYEWEAR
SALE OF INSURANCE
SALES OF SECURITY CAMERAS/SOFTWARE DEVELOPMENT
SALES-SATELLITE
SOFTWARE
SOFTWARE DEVELOPER
SOFTWARE DEVELOPMENT
SOFTWARE DEVELOPMENT VIDEO GAMES
SOFTWARE DISTRIBUTION FOR AG WATER AND ENERGY SECTOR
SOFTWARE PLATFORM FOR MODERN CLOUD APPLICATIONS
SOFTWARE PUBLICATION
SOFTWARE SERVICES
SOFTWARE SERVICES @SPACES
SPEECH THERAPY
TAX AND ACCOUNTING SERVICES
TAX PREPARATION
TAX SERVICES
VENTURE CAPITAL
VENTURE CAPITAL MANAGEMENT
VETERINARY SVCS
Wealth Managaement
WEBSITE CREATION
APPENDIX B
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RETAIL
BAKERY (PASTERIES COOKIES)
BAKERY CAFE
BAKERY/CAFE
BAR
BEAUTY SUPPLIES
BEER WINE COCKTAIL BAR
BICYCLE RETAIL SERVICE REPAIRS
BICYCLE SHOP
BOBA MILK TEA
BOBA TEA CAFE
BUBBLE TEA JUICE BAR AND SMOOTHIES
CAFE SERVING BOBA TEA AND FRUIT TEA
CAKE DECOR/SALES
CELL PHONE ACCESSORIES
CHINESE RESTAURANT
COFFEE HOUSE
COFFEE SHOP
CONVENIENCE MARKET
CONVENIENCE STORE
CUPCAKERY
DELI
DESSERT RESTAURANT
DRINK AND SNACK STORE
DRINKING PLACE
DRUGSTORE
E COMMERCE DELIVERING AWESOME GIFTS FOR MEN
EXQUISITE TEA AND DESSERT
FAST CASUAL DINING AND TAKE OUT RESTAURANT
FAST FOOD
FAST FOOD RESTAURANT
FLORIST GIFTS
FOOD AND BEVERAGES
FOOD SERVICE
FOOD TO GO
FOOD TRUCK BURRITOS TACOS QUESADILLAS
FULL SERVICE JAPANESE RESTAURANT
FULL SERVICE RESTAURANT
FULL SERVICE RESTAURANT - DINING, CATERING
FULL SERVICE RESTAURANT AND DESSERT
FULL-SERVICE RESTAURANT
GROCERY
HARDWARE - RETAIL
HAWAIIAN CAFE
JAPANESE RESTAURANT
JUICE AND ICE CREAM SHOP
LEATHER PRODUCTS
LIQUOR/GROCERY
MEAT MARKET
MEDITERRANEAN RESTAURANT
MEXICAN RESTAURANT
MISC RETAIL STORE
MOVIE THEATRE
NOODLE BAR
NOODLE SHOP
NOTARY, SHIPPING, PRINTING, MAILBOX RENTAL
OFFICE
ORTHOPEDIC SALES
PAINT/SUNDRIES
PIZZA
PIZZA PARLOR
PIZZA RESTAURANT
PIZZA SHOP
PIZZA/PASTA/BAR
PRODUCE MARKET
QUICK SERVICE CASUAL JAPANESE RESTAURANT
RESTAURANT
RESTAURANT, OFFER QUICK NOODLES SERVICE
RESTAURANT/BAR
RETAIL - CAFE
RETAIL - DONUTS
RETAIL CLOTHING
APPENDIX B
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RETAIL
RETAIL COOKING SUPPLY STORE AND COOKING SCHOOL
RETAIL DANCEWEAR
RETAIL FLOORING SALES
RETAIL FOOD
RETAIL FRAMING
RETAIL FURNITURE
RETAIL HOME FURNISHINGS
RETAIL JEWELRY
RETAIL PLASTICS
RETAIL RESTAURANT
RETAIL SALE OF MARTIAL ARTS EQUIPMENT & INSTRUCTION
RETAIL SALES
RETAIL SALES OF GAS
RETAIL SALES OF WIRELESS TELECOMMUNICATIONS
RETAIL SHOES
RETAIL SKATEBOARD STORE
RETAIL SPECIALTY FOODS
RETAIL TOBACCO & NOVELTY PRODUCTS
RETAIL-FOOD SALE
SALE OF BICYCLES INCLUDING E-BIKES AND CYCLING EQUIPMENT SALES
SALES RETAILS OF GROCERIES AND MARKET PRODUCTS
SEA FOOD TO GO
SELLING CRAFTED TEA DRINKS
SMOKE SHOP
SOFT SERVE & TAIYAKI
SPORTS CLOTHES AND PHONES
SUSHI BAR RESTAURANT
TAKE OUT FOOD
TAQUERIA
TASTING ROOM AND RETAIL SALES
TECHNOLOGY STORE, SERVICE REPAIR AND SALES OF IPHONES LAPTOPS.
THAI FOOD RESTAURANT
VACUUM & SEWING SALES
WOMANS CLOTHING STORE
SERVICE
181 2ND AVE PARKING (SAN MATEO)
APPLIANCE REPAIR
AUTO BODY REPAIR
AUTO CARE
AUTO LUBE/OIL
AUTO REPAIR
Auto Repair and Tire Sales
AWARD PRODUCTS
BARBER SHOP
BEAUTY RETAIL STORE
BEAUTY SALON
BEAUTY SHOP
BOXING AND FITNESS
BUSINESS MANAGEMENT / SKIN CARE PRODUCT SALES
CENTERED SPANISH LEARNING
CHILDREN'S GYMNASTICS
CLEANERS
CLEANING SERVICES
CORPORATE PARKING AND CUSTOMER SERVICE
COSMETIC AND PARAMEDICAL TATTOO, PERMANENT MAKEUP
COURSES AND BOARDING
DRY CLEANER
DRY CLEANING
DRY CLEANING AND ALTERATIONS
ELECTRONIC REPAIR (CELL PHONES, TABLETS, COMPUTERS) AND SOME RETAIL.
ENTREPRENEURIAL CENTER PROVIDES TOOLS TO START-UPS
ESTHETICS SERVICES AND EYELASH EXTENSIONS
APPENDIX B
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SERVICE
FITNESS CLUB
FITNESS STUDIO
FURNITURE/ACCESS
GAS STATION
GEN. CONTRACTOR
HAIR AND NAIL
HAIR AND NAILS
HAIR MAKEUP WAXING SALON
HAIR NAILS AND FACIALS
HAIR SALON
HAIR SALON - 6 STATIONS
HAIR STYLIST - IC @MAISON SALON
HAIR, NAIL, & FACIAL SALON
HAIRCUTTING
HAIRSTYLIST
HEALTH AND WELLNESS, PERSONAL TRAINING, GROUP CLASS
HEALTH/FITNESS
HOLISTIC HEALTH SPA
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SCALE SALES/SVC
SERVICE AND PRODUCT SALES
SERVICE STATION
SHIPPING, NOTARY PUBLIC, FINGERPRINTING, ETC SERVICES
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APPENDIX B
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32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fax: 951.296.1998
nbsgov.com
MEMO
To: Downtown San Mateo Association Board Members
From: Tim Seufert and Nick Dayhoff/NBS
Date: February20, 2020
Re: Business Improvement District Research and Analysis Executive Summary
Downtown San Mateo has gone through many changes over the past years, with more changes to come. Community leaders realized it was time to review the level of services provided, budget and method of funding within the Downtown Business Improvement Area (the “DBIA”). In particular, there has been a desire to update the fee structure so that it is more equitable, based on the benefits offered by the services that are provided.
As with many downtowns, there is a shift occurring in retail from goods to experiences, such as shopping to dining. In the City of San Mateo (the “City”) , there has also been a pronounced increase in office space and foot traffic from those workers and office users. At the same time, there has been a natural increase in the cost of operations (Downtown San Mateo Association [the “DSMA”] staff, cleaning, event production) while revenues have remained flat.
Therefore, this memo provides some background and comparative information, and briefly summarizes the proposed changes to the method of assessing the fees, with a focus on equity and fairness.
As further detailed in this memo, in order for the DSMA to generate desired revenue of $350,000, NBS recommends the following rates for each of the following categories in Zone 1 and Zone 2, based on the discussions with the DSMA and our understanding of the area:
Business Type
Current
Rate
Proposed
Rate Business Type
Current
Rate
Proposed
Rate
Retail: $0 - $150,000 $166.36 $182.72 Retail: $0 - $150,000 $66.55 $91.36 Retail: $150,001 - $400,000 332.72 365.44 Retail: $150,001 - $400,000 99.82 182.72 Retail: $400,001 - $600,000 665.43 730.88 Retail: $400,001 - $600,000 133.10 365.44 Retail: $600,001 - $1,000,000 998.15 1,096.32 Retail: $600,001 - $1,000,000 199.62 548.16 Retail: $1,000,001 + 1,330.88 1,461.76 Retail: $1,000,001 + 332.72 730.88 Financial 998.15 1,096.32 Financial 665.44 548.16
Mills Health Center - 4,385.28 Mills Health Center - n/a Professional: Up to 5 Employees - 365.44 Professional: Up to 5 Employees - 182.72 Professional: 6-15 Employees - 1,096.32 Professional: 6-15 Employees - 548.16 Professional: 16-35 Employees - 1,644.48 Professional: 16-35 Employees - 822.24 Professional: 36-75 Employees - 2,192.64 Professional: 36-75 Employees - 1,096.32 Professional: 76 + Employees
1 - 2,192.64 Professional: 76 + Employees
3 - 1,096.32
Service: Up to 5 Employees - 274.08 Service: Up to 5 Employees - 137.04 Service: 6-15 Employees - 822.24 Service: 6-15 Employees - 411.12 Service: 16-35 Employees - 1,233.36 Service: 16-35 Employees - 616.68 Service: 36-75 Employees - 1,644.48 Service: 36-75 Employees - 822.24 Service: 76 + Employees
2 - 1,644.48 Service: 76 + Employees
4 - 822.24
1 - plus $9.79 per employee over 75 employees. 3 - plus $4.89 per employee over 75 employees. 2 - plus $7.34 per employee over 75 employees. 4 - plus $3.67 per employee over 75 employees.
Zone 2Zone 1
APPENDIX C
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Background – Downtown Business Improvement Area
The City established the DBIA in 1986, pursuant to the Parking and Business Improvement Area Law of 1979 , to levy an annual assessment on businesses within the DBIA in order to provide decorations, promote public events, furnish music, and generally promote business activities within the DBIA . The DSMA is the advisory board appointed by the City Council of the City (the “Council”) to make recommendations to the Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, and on the method and basis of levying the assessments.
The Parking and Business Improvem ent Area Law of 1979 was repealed and replaced with the Parking and Business Improvement Area Law of 1989 (the “PBIA Law”), and, as such, the DBIA is currently subject to Chapters 3, 4, and 5 of the PBIA Law, covering(1) Assessments,(2)Modifications to Boundaries, Assessments, Improvements, or Activities, and(3)Disestablishment, respectively.Pursuant to the PBIA Law,the City must renew the DBIAeach year
More recently, the DSMA has focused on beautification and cleanliness , public o utreach, promotion of the DBIA, and events. The City collects the annual assessment —on behalf of the DSMA—from each business within the DBIA as part of the annual business license tax, which provides the majority of the revenue needed to pay for these services and activities.
In advance of the next renewal proceedings, the DSMA Board is exploring the possibility of modifying the current assessment structure, which has been in place since 2009. As part of this process, the DSMA Board commissioned NBS to research methods that other Business Improvement Districts (“BIDs”) use to assess businesses, and to provide some guidance and options for amending the DSMA’s current method of assessment . This memorandu m serves to address these issues, among others.
Existing DBIA Assessment
All businesses within the DBIA , excluding non -profits, are currently subject to the levy of the annual assessment, based upon the location of the business, type of business, as well as gross sales if the business is classified as Retail.
There are two Zones within the DBIA. Zone 1 is the core of the City’s downtown area, and businesses within this zone receive the most benefit and impact from the DSMA’s services and activities, and as such pay a higher assessment than those businesses in Zone 2. Zone 2 is further out from the City’s downtown area, and businesses within this Zone receive less benefit from the DSMA’s services and activities, and as such pay a lower assessment than thosebusinesses in Zone
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Business are classified into six different types, for assessment purposes:
Retail
Financial
Hotel
Professional
Service
Miscellaneous
Existing assessments for each type of business are as follows:
TABLE 1 – EXISTING ASSESSMENT RATES
Type Annual Gross Receipts
Zone 1
Rate
Zone 2
Rate
Retail
$0 - $150,000 $166.36 $66.55
$150,001 - $400,000 332.72 99.82
$400,001 - $600,000 665.43 133.10
$600,001 – $1,000,000 998.15 199.62
$1,000,001 + 1,330.88 332.72
Professional 99.82 66.55
Miscellaneous 99.82 66.55
Service 133.08 66.55
Hotel 266.18 66.55
Financial 998.15 665.44
Potential Legal Risks of an Assessment Rate Increase
Legal challenges against new or increased assessments are not uncommon, and in fact, legal threats against new or increased assessments are fairly common. If an assessment is likely to be challenged, a city may consider “impounding” the assessment proceeds until the challenge has ended. Cities do this because once proceeds are paid to the association and expended on services, those proceeds will not be available for refunds or satisfaction of judgments.
Associations generally do not like impounding, since it prevents payment for services if funding is held-up by the city.
Legal challenges against assessments, it seems, are almost strictly limited to those assessments subject to Proposition 218, which requires a much more stringent analysis separating and quantifying special and general benefit prior to levying an assessment , as only special benefit may be assessed. The ‘good’ news is that, in 1999, the Fourth District Court of Appeal ruled that BIDs created by cities under thePBIA Law are not subject to the requirements of Proposition 218, and the court concluded that assessments levied pursuant to the PBIA Law do not constitute an "assessment" within the meaning of Proposition 218.
As a result of the adoption by the voters in 2010 of Proposition 26, a n assessment against businesses requires two -thirds voter approval as a special tax unless it meets one of severa l enumerated exceptions.
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The exceptions most relevant in the context of BIDs are for:
A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.
A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.
Under Proposition 26, the local government bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs ofthe activity, and that the manner in which those costs are allo cated to a payor bear a fair or reasonable relationship to the payor's burdens on, or benefits received from, the activity.
The common BID seems to qualify for an exemption to Proposition 26, although that doesn’t guarantee a BID assessment will not be challenged. Note that agroup called San Diegans for Open Government has unsuccessfully challenged the validity of the City of San Diego’s BIDS on more than one occasion.
Therefore, t he most likely potential legal risk of a modification to the current assessment structure – or even the existing structure – is a successful majority protest at the annual public hearing on the re-authorization of the DBIA. If there is a successful majority protest against the proposed structural changes and assessments, the DSMA must wait for one year before attempting to renew the DBIA. For this reason, it is important that the DSMA reach out to business owners within the DBIA to keep them informed of any proposed structural changes or increases to assessments prior to the public hearing . Such outreach and h aving the largest assessees on board throughout the process helps to mitigate the risk of a successful majority protest.
Assessment Equity/Comparing the Existing DBIA Assessment with other Regional BIDs
As part of this project, NBS examined several other BIDs in the region and throughout the State of California to study what factors are used to levy their assessments and how they create equity in the assessment distribution among different categories of businesses. Appendix A details various characteristics of each of these examined BIDs, including: name of the BID, number of businesses within the BID, annual revenue, annual budget, services/activities, number of zones, assessment methodology, treatment of non-profit businesses, treatment of hospitals (if any), and treatment of businesses on the second floor or higher of buildings.
Most of the examined BIDs have categories similar tothose in the DBIA, specifically some version of retail, service, professional, and financial categories; however, there is some variation in regard to how th e assessment is determined. The examined BIDs provide many different examples of just this:
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the Park Street BIDassesses a rate per $1,000 ofgross receiptsfor retail businesses, while the other categories pay a flat rate;
the Downtown Palo Alto BID uses theranges of employees as the basis of assessment for retail/restaurants, service, and professional businesses, the number of rooms for lodging businesses, and a flat rate for financial businesses;
the Downtown Santa Cruz BID uses a rate per square foot of floor area for all types of businesses;
Novato’s Downtown BID uses the ranges of employees as the basis of assessment, but only for retail/restaurant businesses. All other types of businesses are assessed flat fees of varying amounts;
Petaluma’s Downtown BID uses the number of employees; both of Santa Barbara’s BIDs use some percentage of the regular business license fee for most types of businesses as the basis for their assessment; the Downtown Long Beach PBIA applies a base fee per business, plus a fee per employee; the East Anaheim St reet PBIA uses flat rates for most categories, and the others pay a flat fee plus a per employee fee;
the Downtown Santa Ana BID uses some percentage of the regular business license fee for all businesses types; and,
the Huntington Beach Downtown BID uses ranges of square feet of floor area for retail/restaurant and service/office businesses , uses the number of rooms for hotel businesses, and utilizes a flat rate for other business types.
Through this research, it seems that the most common ways in which these other BIDs create equity in assessment distribution is by using gross sales figures, employee counts, square footage of businesses, flat fees per category, or some combination of these variables. Any of these methodologies seem reasonable as it relates to apportioning the DBIA assessment. It all comes down to whether or not such data is available for analysis.
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In order to see how the DBIA’s assessments compare to a few other BIDs in the region i n terms of revenues generated and equity of assessments between categories, NBS focused -in on the Park Street BID, the Downtown Palo Alto BID, the Downtown Santa Cruz BID, and Novato’s Downtown BID. The following table shows some key points:
TABLE 2 – REGIONAL BID COMPARISON
BID
Number of
Businesses
BID
Revenue 1
Professional
to Base Retail
Ratio
Service to
Base Retail
Ratio
DBIA 525+ ~$190,000 60% 80%
Park Street BID 2 470+ ~122,000 51% 51%
Downtown Palo Alto BID 800+ ~112,500 27% 76%
Downtown Santa Cruz BID 3 650+ ~250,000 40% 40%
Novato’s Downtown BID 380+ ~55,500 83% 100%
1 –Only includes revenue from the BID assessment. Does not include revenue from grants or fundraising.
2 – Has both Retail Service (minimum of $172) and Retail Goods (minimum of $336) categories and are assessed $0.40 per $1,000 of gross sales in Area A. 3 – All business types are assessed $0.41 per square foot of floor area.
Refer to Appendix A for further details on the various assessment rates among the examined BIDs.
Ground Floor vs. Second Floor/Non-Profits
Like the DBIA, m ost of the examined BIDs treat businesses on the ground floor the same as businesses on upper floors. However, a few treat businesses that are not on the ground floor differently.
For example, in theDowntown Palo Alto Business Improvement District second floor (and higher) businesses located within Zone A are assessed the same as similar street-level businesses within Zone B. Depending on the type of business and the number of employees , the assessment to businesses on the upper floors of a buildingamounts to anywhere between 17% to 25% less than businesses on the ground floor.
The Huntington Beach Downtown Business Improvement D istrict has different rate s for Service/Office businesses that are not on the ground floor. Depending on the zone and square footage of the business, the assessment to these types of businesses on the upper floors of a building amounts to anywhere between 57% less to 150% more than businesses on the ground floor.
As it relates to considering potentia l structural changes to the DBIA assessment, NBS recommends assessing businesses on the second floor or higher the same as similar business types on the ground floor. In our opinion, there’s really no reason to assessthese businesses any differently because the people who work at businesses still have to use the sidewalks and benefit from the DSMA’s cleaning program , and the business still benefits from the DSMA’s marketing and outreach activities . In addition, b usinesses on the second floor are more likely to be
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professional offices or similar (not retail based businesses) and would likely already be assessed at a different rate than retail-based businesses on the ground floorthat rely more-heavily on foot traffic at the sidewalk level.
Similarly to the DBIA, most of the examined BIDs specifically exempt non-profit businesses from paying an assessment. The exceptions being the Downtown Santa Cruz Business Improvement District and the East Anaheim Street PBIA in the City of Long Beach, with the latter only assessing a base fee of $100 to non -profit businesses. The Huntington Beach Downtown Business Improvement District, which doesn’t assess non -profit businesses on their regular schedule of assessments, does allow non-profit businesses to participate by paying $30. As it seems it is not too common to assess BID fees to non -profit businesses, NBS recommends that any modified structure continue to exempt non-profit businesses. The only exception here being if the DSMA desires to assess the Mills Medical Center, which lies within the boundaries of Zone 1 within the DBIA, but is currently not assessed . This medical center is the largest employer in the City and has a large footprint in the downtown area, and should likely be assessed.
Potential Revenue Generated from a Change in Assessment Fees and Potential Structural Changes to the DBIA Assessment
The potential revenue generated in any given year should generally be a function of the DSMA’s proposed budget in any given year. The DSMA should begin with a proposed budget for the upcoming year and assessments should then be apportioned to each business, based upon such annual budget. Assessments rates should ideally be re -evaluated each year or every few years depending on changes to both annual budget and the number and types of business within the DBIA. This is absolutely necessary due the uncertainty of economic conditions from year-to-year and how such conditions will affect the number and types of businesses that may exist within the DBIA in any given year.
As previously detailed, there are several ways in which other BIDs apportion assessments to businesses: some use a rate per $1,000 of gross receipts, some use a rate per floor area, some use employee counts, etc. Since none of these factors are available from the City, as they relate to the DBIA, NBS must work within the confines of the existing rate structure. This isn’t exactly ideal for purposes of analyzing potential new assessment structures, butit may actually be more favorable from a business owners’ perspective, as working within the existing rate structure at least provides acertain level of familiarity. It’s also worth noting that many of the other examined BIDs use business categories similar to those of the DSMA.
That being said, NBS does recommend some modifications to the existin g structure, as well as increasing the existing assessment rates, as the DSMA has expressed its desire to increase annual BID revenue to $350,000 , in order to hire an executive director, expand existing services and activities, and create value for the downtown area . Achieving this level of revenue under the current rate structure is simply not possible, as the DSMA anticipates only $190,000 in assessment revenue in FY2019/20, per the DSMA’s annual reportfor FY 2018/19.This represents a desired revenue increase of approximately 84.2% from current levels.
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To start, NBS has analyzed the current listing of active businesses within the DBIA, as provided by the City. The count of each business type within each of the two Zones are shown in the following table:
TABLE 3 – COUNT OF EACH BUSINESS TYPE
Type Annual Gross Receipts
Zone 1
Count
Zone 2
Count
Total
Count
Retail
$0 - $150,000 31 8 39
$150,001 - $400,000 39 9 48
$400,001 - $600,000 14 3 17
$600,001 – $1,000,000 21 4 25
$1,000,001 + 50 12 62
Professional 146 21 167
Miscellaneous 22 9 31
Service 85 38 123
Hotel 0 1 1
Financial 11 1 12
TOTALS 419 106 525
Table 3 shows that there is only one business in the DBIA classified as Hotel. However, after researching the listing of business licenses provided by the City, it was discovered that this business is not actually a hotel in the traditional sense – it is actually a rooming house. As this is the only business classified in this mann er, NBS recommends that the Hotel category be consolidated with the Service category.
NBS also recommends that businesses in the Miscellaneous category be reassigned to either the Service or Professional category, and the Miscellaneous category be eliminated.
Regarding the Service category, the DSMA desires to break-up this classification into five tiers using ranges of employee counts: Up to 5 Employees, 6-15 employees, 16-35 employees, 36-75 employees, and 76+ employees . DSMA also would like to break -up the Professional category in the same manner.As employee count data is not available from the City, an estimate of the employee count range was made for each business classified aseitherServiceor Professional.
In addition, the DSMA wishes to assess the Mills Health Center, as it is the largest employer in the City . Although this medical complex is not currently assessed under the current rate structure, as it is a non -profit entity, the DSMA feels that it does benefit from the services and activities provided. Since it is such a large complex and a top employer, NBS suggests assessing the Mills Health Center 24 times more than businesses in the Retail $0 - $150,000 category.
Since we’re constrained to working mostly under the existing rate structure, in order to propose any modifications, we must f irst examine such structure by analyzing how the various rates for each category relate to the Zone 1 rate for Retail $0 - $150,000 (the “Base Assessment Rate”) businesses.
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TABLE 4 – EXISTING RELATIVE RATE STRUCTURE
Type Annual Gross Receipts
Zone 1
Rate
Zone 1
Benefit
Factor 1
Zone 2
Rate
Zone 2
Benefit
Factor 1
Retail
$0 - $150,000 $166.36 1.00x $66.55 0.40x
$150,001 - $400,000 332.72 2.00x 99.82 0.60x
$400,001 - $600,000 665.43 4.00x 133.10 0.80x
$600,001 – $1,000,000 998.15 6.00x 199.62 1.20x
$1,000,001 + 1,330.88 8.00x 332.72 2.00x
Professional 99.82 0.60x 66.55 0.40x
Miscellaneous 99.82 0.60x 66.55 0.40x
Service 133.08 0.80x 66.55 0.40x
Hotel 266.18 1.60x 66.55 0.40x
Financial 998.15 6.00x 665.44 4.00x
1 – Relative to the Base Assessment Rate.
From Table 4, we can see how the current rates are structured. In Zone 1, businesses classified as Retail $150,001 - $400,000 are assessed two times the Base Assessment Rate , businesses classified as Retail $400,001 - $600,000 are assessed four times the Base Assessment Rate, etc.
The same follows in Zone 2: businesses classified as Retail $0 - $150,000 are assessed 0.40 times the Base Assessment Rate, businesses classified as Retail $150,001 - $400,000 are assessed 0.60 times the Base Assessment Rate, etc.
NBS recommends that the Retail benefit factors in Zone 1 be kept intact.
Next, we need to examine how the rates for each business type in Zone 2 relate to the corresponding business type in Zone 1:
TABLE 5 – EXISTING ZONE 2 FACTORS
Type Annual Gross Receipts
Zone 1
Rate
Zone 2
Rate
Zone 2
Zone
Factor 1
Retail
$0 - $150,000 $166.36 $66.55 0.40x
$150,001 - $400,000 332.72 99.82 0.30x
$400,001 - $600,000 665.43 133.10 0.20x
$600,001 – $1,000,000 998.15 199.62 0.20x
$1,000,001 + 1,330.88 332.72 0.25x
Professional 99.82 66.55 0.67x
Miscellaneous 99.82 66.55 0.67x
Service 133.08 66.55 0.50x
Hotel 266.18 66.55 0.25x
Financial 998.15 665.44 0.67x
1 – Relative to the corresponding business type in Zone 1.
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From Table 5, we can see how the current rates for each business type in Zone 2 relate to the corresponding business types in Zone 1: businesses classified as Retail $0, - $150,000 in Zone 2 are assessed 0.40 times the corresponding rate in Zone 1, businesses classified as Retail $150,001 - $400,000 are assessed 0.30 times the corresponding rate in Zone 1 , etc. Curiously, this table shows that there are currently six different Zone 2 “Zone Factors”. In our experience in working with various assessment districts throughout the State, best practice dictates that a Zone Factor should be consistently applied among all categories or business types within a specific zone of benefit. E.g., if it is determined that businesses in one zone receive half of the benefit of another zone, a Zone Factor of 50% should be applied evenly among all business types within the zone benefitting less, relative to the same business types in the zone benefitting more. In the DBIA’s case, the average of the various existing Zone 2 Zone Factors is 0.40, or 40% the benefit of businesses in Zone 1. After discussing with the DSMA, we will apply a 0.50 Zone 2 Zone Factor in our proposed structural modifications and consistently apply this number across all business types in Zone 2, relative to the same business types in Zone 1.
After making the recommended modifications to the Service and Professional categories, eliminating the Hotel and Miscellaneous categories, adding a new category for the Mills Health Center, and consistently applying the 0.50 Zone 2 Zone Factor to all business types in Zone 2 relative to corresponding businesses in Zone 1, results in the following revisedbenefit factors for the DBIA:
TABLE 6 – PROPOSED RELATIVE RATE STRUCTURE
Type Annual Gross Receipts
Zone 1
Benefit
Factor
Zone 2
Benefit
Factor 1
Retail
$0 - $150,000 1.00x 0.50x
$150,001 - $400,000 2.00x 1.00x
$400,001 - $600,000 4.00x 2.00x
$600,001 – $1,000,000 6.00x 3.00x
$1,000,001 + 8.00x 4.00x
Financial 6.00x 3.00x
Mills Health Center 24.00x n/a
Professional:Up to 5 Employees 2.00x 1.00x
Professional: 6-15 Employees 6.00x 3.00x
Professional: 16-35 Employees 9.00x 4.50x
Professional: 36-75 Employees 12.00x 6.00x
Professional: 76 +Employees 12.00x 6.00x
Service:Up to 5 Employees 1.50x 0.75x
Service: 6-15 Employees 4.50x 2.25x
Service:16-35 Employees 6.75x 3.38x
Service:36-75 Employees 9.00x 4.50x
Service:76 +Employees 9.00x 4.50x
1 –50% of the benefit factor for the same business type in Zone 1.
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In order to develop rates based on these new benefit factors, the benefit factors shown in Table 6 were applied to each of the businesses within the DBIA, mostly pursuant to the business types from the listing provided by the City (Hotel and Miscellaneous were reassigned, and a handful of businesses were reassigned to a more appropriate category). The total benefit factors within the DBIA is shown in the following table:
TABLE 7 – TOTAL BENEFIT FACTOR WITHIN THE DBIA
Type Annual Gross Receipts
Total
Benefit
Factor
Retail
$0 - $150,000 35.00
$150,001 - $400,000 87.00
$400,001 - $600,000 62.00
$600,001 – $1,000,000 132.00
$1,000,001 + 448.00
Financial 69.00
MillsHealth Center 24.00
Professional:Up to 5 Employees 193.00
Professional: 6-15 Employees 354.00
Professional: 16-35 Employees 99.00
Professional: 36-75 Employees 96.00
Professional: 76 +Employees 36.00
Service:Up to 5 Employees 116.25
Service: 6-15 Employees 123.75
Service:16-35 Employees 40.50
Service:36-75 Employees 0.00
Service:76 +Employees 0.00
TOTAL 1,915.50
Using the total benefit factor of 1,886.63 allows us to come up with a rate per 1.00 benefit factor, depending upon the DSMA’s desired annual budget. For this example, we’ll use the DSMA’s anticipated revenue for FY 2019/20:
TABLE 8 – RATE PER 1.00 BENEFIT FACTOR (19/20 REVENUE ESTIMATES) Total DBIA Benefit Factor 1,915.50
DSMA Budget $190,000.00
Rate per 1.00 Benefit Factor $99.19
This shows that the New Base Assessment Rate would need to be $99.19 to achieve a budget of $190,000, which is approximately 40.4% lower to the existing Base Assessment Rate of $166.36.
In order to meet the DSMA’s desired goal of a $350,000 annual budget, the New Base Assessment Rate would need to be $182.72, or about 9.8% higher than the existing structure:
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TABLE 9 – RATE PER 1.00 BENEFIT FACTOR (PROPOSED)
Total DBIA Benefit Factor 1,915.50
DSMA Budget $350,000.00
Rate per 1.00 Benefit Factor $182.72
Appendix B shows the detailed schedule ofrecommended rates for each business type, assuming a FY 2020/21 budget $350,000, and a Zone 2 Zone Factor of 0.50.
Appendix C compares the average assessment for each general category of business under the existing structure with the average assessment for each general category of business under the proposed structure.
If other data points were available from the City, specifically gross sales, accurate employee counts, and/or gross floor area of each business, we could provide different options for a revised rate structure. Because we do not have such data, we are mostly constrained to working within the limitations of the existing model.
Conclusion
As discussed within this memo, the business landscape in the Downtown San Mateo area has changed a lot since the original DBIA was formulated. There has been a pronounced increase in office space and foot traffic from those workers and office users. Meanwhile, there has been a natural increase in the cost of operationswhile revenues have remained flat. Due to the DSMA’s desire to provide increased services and improved equity among the payors for those services, there is a need for increased revenue. Therefore, it’s important for the DSMA to re-evaluate its method of assessment for the DBIA. NBS believes that the rate modifications proposed within this memo will help put the DSMA on a sustainable path in terms of having a reliable source of annual revenue and creating assessment equity among the various categories.
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Downtown Alameda Business
Association (Park Street
Business Improvement Area)
470+ • $122,000 from BIA Assessment
• $206,000 from other sources $328,000 see map
Special Events
Clean, Green and Safe Program
Promotions Program
Member outreach
Administration
2 Palo Alto Downtown Business
and Professional Association
(Downtown Palo Alto
Buisness Improvement
District)
800+ • $112,500 from BID Assessment
• $21,000 from other sources $133,500 see map
Banners
Summer Concert Series
Special Events
Downtown Street Team
Member outreach
Administration
2 Downtown Association of
Santa Cruz (Downtown Santa
Cruz Business Improvement
District)
650+ • $250,000 from BID Assessment
• $279,584 from other sources $526,084 n/a
Marketing
Special Events
Member outreach
Administration
2 Downtown Novato Business
Association (Downtown
Business Improvement
District)
380+
• $55,500 from BID Assessment
• $55,500 from City (dollar for dollar assmt match)
• $92,940 from other sources
$268,400 see map
Marketing
Special Events
Member outreach
Administration
2 Petaluma Downtown
Association (Downtown
Business Improvement
District)
175+ $65,000 $65,000 see map
Beautification
Marketing
Security
Administration
3 Downtown Organization of
Santa Barbara (Downtown
Business Improvement
District / Old Town Business
Improvemetn District)
1,480+ • $263,000 from BID Assessment
• $375,580 from other sources $637,270 see map
Marketing/Communications/Advertising
Outreach and Involvement
Administration
2 Downtown Long Beach PBIA 1,800+ $633,000 $633,000 see map Community Advocacy
Marketing and Communications
Economic Development
1 East Anaheim Street PBIA 425+ • $142,255 from BID Assessment • $100 from other sources $142,355 see map
Cleanliness
Event Support
Member and Area Marketing & Promotion
Member Representation & Communication
1 Downtown Santa Ana
Business Improvement
District
600+ $200,000 $200,000 see map
Decorations
Events
Promotion of Business Activities
1 Huntington Beach Downtown
Business Improvement
District
260 • $120,000 from BIA Assessment
• $588,000 from other sources $708,000 see map
Marketing
Special Events
Safety
Maintenance and Beautification
Administration
2 BID
Name # of Businesses Annual Reven ue Annual Budget Size Activities Number of Zones
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BID
Name
Business Mix / Assessment
Methodology
Downtown Alameda Business
Association (Park Street
Business Improvement Area)
Financial/Utilities: Areas A & B: $1,136
Palo Alto Downtown Business
and Professional Association
(Downtown Palo Alto
Buisness Improvement
District)
Financial Institutions: Zones A & B: $500
Downtown Association of
Santa Cruz (Downtown Santa
Cruz Business Improvement
District)
$0.41/square foot
Retail & Food: Type 1 - 100%
Financial, Bars, and Theaters: Type 2 - 60%
Wholesale Trade, Services and Professions, Auto Dealers: Type 3 - 40% Zone Factors: Zone 1 - 100%; Zone 2 - 60%
Assessment = Business SqFt x $0.41 x Type% x Zone% + $50 Downtown Novato Business
Association (Downtown
Business Improvement
District)
Financial Institutions: Zones A & B: $525
Lodging (Bed & Breakfast): Zones A & B: $158
Lodging (Hotels and Motels): Zones A & B: $263
Petaluma Downtown
Association (Downtown
Business Improvement
District)
Based on Zone, type of business, number of employees
Downtown Organization of
Santa Barbara (Downtown
Business Improvement
District / Old Town Business
Improvemetn District)
Old Town BID
Businesses located on State Street: equal to 100% of business license (minimum of $100) Businesses not located on State Street: equal to 75% of business license (minimum of $100) Automobile Sales and Service Businesses: $600 max
Other Businesses: Wholesale. Professional, Real Estate: $100 Dowtown BID
Professionals: equal to 15% of business license (minimum of $50) All others: equal to 100% of business license
Downtown Long Beach PBIA
Independent Contractors: Base fee of $317.23 + $5.36 per employee All Other Businesses: Base fee of $461.92 + $7.76 per employee East Anaheim Street PBIA
Non-Profit: Base fee of $100
Commercial / Industrial Space Rental: Base fee of $120
Contractors, Insurance Companies, Manufacturing, Misc Mobile, Professionals, Services, Vending & Wholesale: Base fee of $200 + $15 per employee Financial Institutions, Recreation / Entertainment, Retail & Unique Business: Base fee of $300 + $15 per employee Downtown Santa Ana
Business Improvement
District
1.5 times the annual business license tax for the following businesses:
Amusement Services, Pawnbrokers, Service Stations, Retail Sales, Hotels, Motels, Theaters, Food Establishments
0.25 times annual business license tax for the following businesses:
Commercial Rental Property, Rental Property, Residential and Rooming House 1 times the annual business license tax for all other businesses Huntington Beach Downtown
Business Improvement
District
Non-Retail: Area A - $172
Area B - $110
Retail Service: Area A - $0.40/$1,000 Gross Receipts (min: $172; max: $2,259) Area B - $0.20/$1,000 Gross Receipts (min: $110; max: $1,136) Retail Goods: Area A - $0.40/$1,000 Gross Receipts (min: $336; max: $2,259; +surcharge of $4,495 if business exceeds 30k sqft) Area B - $0.20/$1,000 Gross Receipts (min: $172; max: $1,136) Retailers and Restaurants: Zone A: $225 (under 6 FTE); $340 (6-10 FTE); $450 (11+ FTE) Zone B: $170 (under 6 FTE); $260 (6-10 FTE); $340 (11+ FTE) Service Businesses: Zone A: $170 (under 4 FTE); $260 (4-6 FTE); $340 (7+ FTE) Zone B: $130 (under 4 FTE); $200 (4-6 FTE); $260 (7+ FTE) Professional Businesses: Zone A: $60 (0.26-1 FTE); $110 (2-4 FTE); $170 (5-9 FTE); $225 (10+ FTE) Zone B: $50 (0.26-1 FTE); $90 (2-4 FTE); $130 (5-9 FTE); $170 (10+ FTE) Lodging Businesses: Zone A: $225 (up to 20 rooms); $340 (21-40 rooms); $450 (41+ rooms) Zone B: $170 (up to 20 rooms); $260 (21-40 rooms); $340 (41+ rooms) Retailers/Restaurants: Zone A: $158 (1-3 employees); $263 (4-6 employees); $368 (7+ employees) Zone B: $79 (1-3 employees); $131 (4-6 employees); $184 (7+ employees) Service Businesses: Zone A: $158
Zone B: $79
Professional Businesses: Zone A: $131
Zone B: $65
Retail / Restaurants: Zone 1 - $351 (<= 1ksqft); $702 (1,001sqft-2,500sqft); $1,053 (2,501sqft-4,999sqft); $1,404 (5k+sqft) Zone 2 - $200 (<= 1ksqft); $400 (1,001sqft-2,500sqft); $600 (2,501sqft-4,999sqft); $800 (5k+sqft) Hotels: Zone 1 - $468 (<= 20 rooms); $936 (21-50 rooms); $1,404 (50+ rooms) Zone 2 - $400 (<= 20 rooms); $800 (21-50 rooms); $1,200 (50+ rooms) Services / Offices: Zone 1 - $281 (First Floor); $120 (Basment or 2nd Floor+, <=1ksqft); $150 (Basment or 2nd Floor+, 1,001sqft-2,500sqft); $300 (Basment or 2nd Floor+, 2,501sqft-4,999sqft); $700 (Basment or 2nd Floor+, 5k+sqft) Zone 2 - $160 (First Floor); $90 (Basment or 2nd Floor+, <=1ksqft); $120 (Basment or 2nd Floor+, 1,001sqft-2,500sqft); $150 (Basment or 2nd Floor+, 2,501sqft-4,999sqft); $350 (Basment or 2nd Floor+, 5k+sqft) Cart / Kiosk: Zone 1 - $100
Zone 2 - $80
Banks / ATM: Zone 1 - $600
Zone 2 - $400
Seasonal: Zone 1 - $500
Zone 2 - $300
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BID
Name Non-Profit Hospital 2nd Floor
Downtown Alameda Business
Association (Park Street
Business Improvement Area)
No - only businesses
selling things are assessed
"Health/Medical
Professions" listed as a
Non-Retail use
Businesses treated the same as
those on the ground floor
Palo Alto Downtown Business
and Professional Association
(Downtown Palo Alto
Buisness Improvement
District)
No - specifically exempt
"Doctors" listed as
Professional Business
use
Second floor (and higher)
businesses located within Zone A
are assessed the same as similar
street-level businesses within
Zone B
Downtown Association of
Santa Cruz (Downtown Santa
Cruz Business Improvement
District)
Yes
Yes - lots of medical
professions + Kaiser
Medical Office -
Businesses treated the same as
those on the ground floor
Downtown Novato Business
Association (Downtown
Business Improvement
District)
Not clear if non-profits are
assessed
Yes - lots of medical
professions
Businesses treated the same as
those on the ground floor
Petaluma Downtown
Association (Downtown
Business Improvement
District)
No - specifically exempt Some Medical/Dental
uses
Businesses treated the same as
those on the ground floor
Downtown Organization of
Santa Barbara (Downtown
Business Improvement
District / Old Town Business
Improvemetn District)
No - specifically exempt Yes - if for profit Businesses treated the same as those on the ground floor
Downtown Long Beach PBIA No Yes - lots of medical
professions
Businesses treated the same as
those on the ground floor
East Anaheim Street PBIA Yes - base fee only Yes - lots of medical professions
Businesses treated the same as
those on the ground floor
Downtown Santa Ana
Business Improvement
District
No Some Medical/Dental
uses
Businesses treated the same as
those on the ground floor
Huntington Beach Downtown
Business Improvement
District
No, but may voluntarily
participate by paying $30
Some Medical/Dental
uses Yes
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Appendix B
Downtown San Mateo Association
Downtown Business Improvement Area
Proposed Assessment Rates for FY 2020/21 Assuming a Budget of $350,000, Zone 2 Factor of 50% Retail: $0 - $150,000 1.00 $166.36 1.00 $182.72 9.83%
Retail: $150,001 - $400,000 2.00 332.72 2.00 365.44 9.83% Retail: $400,001 - $600,000 4.00 665.43 4.00 730.88 9.84% Retail: $600,001 - $1,000,000 6.00 998.15 6.00 1,096.32 9.84% Retail: $1,000,001 + 8.00 1,330.88 8.00 1,461.76 9.83%
Professional 1 0.60 99.82 - - -100.00%
Miscellaneous 2 0.60 99.82 - - -100.00%
Service 1 0.80 133.08 - - -100.00%
Hotel 3 1.60 266.18 - - -100.00%
Financial 6.00 998.15 6.00 1,096.32 9.84%
Mills Health Center 4 - - 24.00 4,385.28 n/a
Professional: Up to 5 Employees 1 - - 2.00 365.44 n/a
Professional: 6-15 Employees 1 - - 6.00 1,096.32 n/a
Professional: 16-35 Employees 1 - - 9.00 1,644.48 n/a
Professional: 36-75 Employees 1 12.00 2,192.64 n/a
Professional: 76 + Employees 1 5 12.00 2,192.64 n/a
Service: Up to 5 Employees 1 - - 1.50 274.08 n/a
Service: 6-15 Employees 1 - - 4.50 822.24 n/a
Service: 16-35 Employees 1 - - 6.75 1,233.36 n/a
Service: 36-75 Employees 1 9.00 1,644.48 n/a
Service: 76 + Employees 1 6 9.00 1,644.48 n/a
Zone 1
Current Structure Revised Structure
FY 2019/20 FY 2020/21
Benefit
Factor Rate
Benefit
Factor
1 - The Professional and Service categories are proposed to be broken-up into five new categories, with tiers based on employee counts. For purposes of this analysis, assumptions were made regarding employee counts at existing businesses within the DBIA (using the listing of business licenses provided by the City of San Mateo), as such information is not available from the City of San Mateo.
Rate @
$350k
Annual %
ChangeBusiness Type
3 - Only one business in the DBIA is classified as Hotel ; however, it is not actually a hotel, it is a rooming house. In the future, NBS recommends that the Hotel category be consolidated into one of the Service categories. 4 - Assigned 24 times the Benefit Factor assigned to Retail: $1,000,001 + . 2 - NBS proposes to eliminate the Miscellaneous category and reassign existing businesses with that designation into one of the Professional or Service categories.
5 - Base rate of $2,192.64, plus $9.79 per employee over 75 employees. 6 - Base rate of $1,644.48, plus $7.34 per employee over 75 employees.
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Appendix B
Downtown San Mateo Association
Downtown Business Improvement Area
Proposed Assessment Rates for FY 2020/21 Assuming a Budget of $350,000, Zone 2 Factor of 50% Retail: $0 - $150,000 0.40 $66.55 0.50 $91.36 37.28%
Retail: $150,001 - $400,000 0.60 99.82 1.00 182.72 83.05% Retail: $400,001 - $600,000 0.80 133.10 2.00 365.44 174.56% Retail: $600,001 - $1,000,000 1.20 199.62 3.00 548.16 174.60% Retail: $1,000,001 + 2.00 332.72 4.00 730.88 119.67%
Professional 1 0.40 66.55 - - -100.00%
Miscellaneous 2 0.40 66.55 - - -100.00%
Service 1 0.40 66.55 - - -100.00%
Hotel 3 0.40 66.55 - - -100.00%
Financial 4.00 665.44 3.00 548.16 -17.62%
Professional: Up to 5 Employees 1 - - 1.00 182.72 n/a
Professional: 6-15 Employees 1 - - 3.00 548.16 n/a
Professional: 16-35 Employees 1 - - 4.50 822.24 n/a
Professional: 36-75 Employees 1 6.00 1,096.32 n/a
Professional: 76 + Employees 1 5 6.00 1,096.32 n/a
Service: Up to 5 Employees 1 - - 0.75 137.04 n/a
Service: 6-15 Employees 1 - - 2.25 411.12 n/a
Service: 16-35 Employees 1 - - 3.38 616.68 n/a
Service: 36-75 Employees 1 4.50 822.24 n/a
Service: 76 + Employees 1 6 4.50 822.24 n/a
Current Structure
FY 2019/20
Business Type
Benefit
Factor Rate
Zone 2
Annual %
Change
Revised Structure
5 - Base rate of $1,096.32, plus $4.89 per employee over 75 employees. 6 - Base rate of $822.24, plus $3.67 per employee over 75 employees. 2 - NBS proposes to eliminate the Miscellaneous category and reassign existing businesses with that designation into one of the Professional or Service categories.
3 - Only one business in the DBIA is classified as Hotel ; however, it is not actually a hotel, it is a rooming house.
Accordingly, NBS recommends that the Hotel category be consolidated into one of the Service categories. 4 - The Benefit Factor for all business types in Zone 2 have been modified to be 50% (Zone 2 Factor) of the Benefit Factor for corresponding busniess types in Zone 1. The Zone 2 Factor is not consistently applied under the current rate structure.
FY 2020/21
Rate @
$350k
Benefit
Factor 4
1 - Professional and Service categories are proposed to be broken-up into five new categories, with tiers based on employee counts. For purposes of this analysis, assumptions were made regarding employee counts at the existing businesses within the DBIA (using the listing of business licenses provided by the City of San Mateo), as such information is not available from the City of San Mateo.
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Appendix C
Downtown San Mateo Association
Downtown Business Improvement Area
Comparing Average Assessments Between Current Structure and Proposed Structure Current Structure Revised Structure
FY 2019/20 FY 2020/21
Retail - All Tiers $739.98 $825.19
Professional - All Tiers 99.82 795.23
Service - All Tiers 133.08 474.61
Financial 998.15 1,113.10
Mills Health Center - 4,452.40
Current Structure Revised Structure
FY 2019/20 FY 2020/21
Retail - All Tiers $183.92 $407.11
Professional - All Tiers 66.55 309.19
Service - All Tiers 66.55 226.93
Financial 665.44 556.55
Average
Assessment @
$350kBusiness Type
Average
Assessment
Zone 2
Zone 1
Business Type
Average
Assessment
Average
Assessment @
$350k
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From: Jennifer Chen
Sent: Tuesday, November 1, 2022 2:00 PM
To: Seamus <[email protected]>; Lew Cohen <[email protected]> Cc: 'Danielle Wood' <[email protected]>
Subject: 101 S San Mateo Drive
Hi All –
I received a phone call from Willian Tatomer MD who is a therapist at 101 S San mateo Drive. He thinks that his fee going from $99 to $550 is too high. He does share his office with 3 other therapist and I mentioned that he would share the DBIA with all three therapist.
His contact information is as follows: and
Thanks,
Jennifer
Jennifer Chen “
陳珍妮”
Economic Development Manager | City Manager’s Office
330 W. 20th Ave. San Mateo, CA 94403
650-522-7009 | [email protected]
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1 Fro
m: Betty Shon
Sent: Thursday, October 27, 2022 3:50 PM
To: Clerk <[email protected]>
Cc: Lino Campanile ; Jeff Bak ; Richard Ng
; Kelly Chang Levine
Subject: Resolution of intent to modify the basis and method of levy for the downtown business Improvement Area (DBIA)
To whom it may concern,
Westlake DMD LLC, owners of
the property at 500 and 520 S. El Camino Real hereby protests the proposed changes to the BID assessment structure and rates effective July 1, 2023. The proposed change represents an increase of more than 23 times our current fee. The services provided by the DBIA do not warrant this increase. Kindly confirm receipt of our protest. Thank you.
Sincerely,
Betty Shon
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1 Fro
m: Deborah Postal
Date: Tuesday, October 18, 2022 at 3:50 PM
To: Clerk <[email protected]>
Subject: Response to BID Assessment Fees
Dear City Clerk,
This correspondence is to protest the increase in BID assessments. For those of us who are self-employed and work (very) part-time, having to make an additional increased payment is just too much. Perhaps, DSMA should consider an increase to businesses with a full-time schedule, or put t his increase off until we get through this time of high inflation, and the exorbitant costs for rent, supplies, and materials to run many businesses these days.
Sincerely,
Deborah Postal
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1 Fro
m: Gene Manyak
Sent: Wednesday, October 26, 2022 12:31 PM
To: Clerk <[email protected]>; Rick Bonilla <[email protected]>; Amourence Lee <[email protected]>; Joe Goethals <[email protected]>; Diane Papan <[email protected]>; Eric Rodriguez <[email protected]> Subject: Protest to proposed DBIA tax/levy (Downtown Business Improvement Area) Hello,
My wife and I own a professional business in downtown San Mateo, and have a strong issue with the proposed DBIA tax. Currently we pay $98.82 per year, and the City is proposing a 10x/20x/30x increase. That seems excessive, unfair, and unreasonable! We already pay Business License taxes based on revenue. If the city needs money to pay for downtown beautification and upkeep, then use the proceeds of the business license tax, which is fairly based on revenue. The additional thousands of dollars in extra taxes for the DBIA seems unfair. Especially the proposed increase in the Professional tier. The businesses that would truly benefit the most from downtown upkeep and beautification, the Retail tier, are being practically untouched. The proposed tax increase is primarily going to businesses who benefit the least (Service & Professional). Very unfair! Our office is on the 6th floor of a multi-story building with its own garage. Downtown beautification is important, but won't meaningfully impact our business. If anything, we help other businesses in downtown, so why should we pay a disproportionate amount of this new tax (Professional Services are hit very hard).
o Patients who come to our office drive into the building garage, come up an elevator to our office, and then leave. Perhaps they then go out and about in downtown San Mateo, but that is our business helping other city merchants, not the other way around. The primary purpose of the trip to downtown San Mateo is to visit our office, not the other way around. Why should we pay a 10-30x increase in this tax if we aren't really getting any benefit from it? Perhaps an extra fee for street-level businesses
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2 would be fair, but even in this case the amount should be reasonable given that a separate business tax already exists.
And why such a large increase to the Professional tier? Again, we already pay the city via a % of annual revenues.
Also, why base the amount on number of employees, and how do you define an employee? Someone who works 2 hours per week, or FTE? How about owner, are they included in the count?
This proposed tax seems flawed and unjust. If the city needs money to pay for downtown beautification and upkeep, that is why the business license tax exists. We are fundamentally opposed to the new DBIA tax in the way that it is being proposed.
Regards,
Gene Manyak
Manyak Dental Group
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1 Fro
m: San Mateo Lock Works <[email protected]>
Sent: Wednesday, October 19, 2022 2:43 PM
To: Clerk <[email protected]>
Subject: Regarding the proposed BID Assessment Rate Increase To All ,
We are emphatically not in favor of the proposed rate increase. Our business, San Mateo Lock Works, established 1927 does not support this proposal.
Please share will all involved.
Steve DeSantis Owner
Gary DeSantis Owner
Sid Shimabuku Owner
Jesse DeSantis Owner
--
Trust your real locksmith with real experience and a real location. Watch out for locksmiths advertising on the internet with no location or phantom addresses!
San Mateo Lock Works
Family Owned Since 1927
321 Second Ave, San Mateo, CA 94401
650-344-4905
WWW.sanmateolockworks.com
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2 2) The “fairness” issue is not addressed properly - we are kept being told it’s about FTEs which is not in any of the formal documents nor does it include contractors which a lot of businesses use in spite of AB 5 - which means we (Nandi Yoga) are going to have an excessive burden for zero services that will get to our area. In our conversations about employees versus FTEs, we have been told it’s “self reporting” and that no one is going to check it - this is the same argument we heard about covid mask restrictions from the County when they said “no one is checking anyway so if you are safe, just go ahead and tell people not to wear their masks” - playing in the gray area of the law is not how we run our business.
3) There is nothing in the document that gives any evidence of value - some general comments on trash pickup and planting - I would think that should be part of the City buildings and grounds budget - that is the city’s responsibily and we all pay trash fees tor ecology for exactly that service - but if I were an investor, and someone asked me for $220,000 extra (much less the $400,000 in total), I would demand to see the potential return with some data and proof. It’s not there. I can see what Hillsborough does with their investment in the Hillsborough Beautification Foundation; I can see what Burlingame did downtown with their investment - both were costly but very clear on the outcomes - visible, tangible, obvious - I don’t see that here.
4) Most small businesses are still dealing with the consequences of Covid - for us we are still operating on less then 1/3 of revenue at a time when our rent and other utility costs are going up - the last thing we need is an additional tax from the City (which you can call this whatever you want - it is a TAX from the city) where there is zero impact on our business or in our area. Now is not the time to be pushing additional costs on businesses that are already struggling to get by, especially when there is limited to no impact on their business.
Bottom line:
1) We see no benefit to our specific business at all
2) We have seen nothing done between 6th and 9th Avenue between B Street and the railroad tracks in the 15 years we have been here - absolutely nothing. If you want to do this for downtown, then eliminate our section from the downtown association - it is nothing more then a transfer tax from us to the DSMA and downtown businesses and restaurants.
3) If you’re going to do something for downtown, do something major like Burlingame did on Burlingame Ave - make a real difference the area.
At Nandi, we have experienced multiple unnecessary and useless cost impositions from the City and County - from Covid restrictions to unequitable fire protection requirements to now this. You can be sure when our lease is up in March 2025, after 17 years in San Mateo, we will be looking at other jurisdictions then San Mateo - when we started San Mateo was so easy to do business with, far easier then our neighboring towns - our experience in these past few years have us questioning that point of view and certainly asking whether there is a better place to continue for our community.
Regards,
Andrew Klein
Co-Owner, Nandi Yoga
On Oct 28, 2022, at 9:34 AM, Seamus <[email protected]> wrote:
Hello Andrew,
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3 Thank you and your wife for taking the time to reach out to us with your concerns about the proposed DSMA rate modification. Also, thank you for taking the time to speak to our consultant, Danielle at CivicMic.
We have attached a letter that explains where we are and what we would like to do in the future. Our focus is on creating equity across all ratepayers and increasing the support for our businesses. We hope the detail we have provided in the phone call and this letter will help create a better understanding of our objective and benefit.
We would greatly appreciate your support. Thank you,
Seamus Whitley
Treasurer, DSMA
P.S. Thank you for letting us know of your wife's interest in the DSMA Executive Director position we hope to create with this rate modification. We will look forward to seeing her application when the position is posted.
<Dear Businesses Owner.pdf>
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THE FOLLOWING PUBLIC
COMMENTS WERE SUBMITTED
FOLLOWING THE PUBLICATION
OF THE AGENDA PACKET
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From: [email protected]
Sent: Thursday, November 3, 2022 6:07 PM
To: Clerk <[email protected]>
Subject: DBIA Assessment
Dear Sir or Madam:
Please consider this as my protesting the proposed DBIA assessment. A $98.82 to $550 increase just seems to be incomprehensible! I will say that I have had a single physician office in San Mateo for nearly 50 years and feel the association has offered nothing to my business. In the past, the main event seemed to be sidewalk sales which does not apply to medicine. The focus was always retail.
When the association came into existence, the premise was that if not enough people objected, then it passed. The current cost increase seems to use the same formula. I would suggest that a fair approach would be to make the argument for an increase and then require 50% of the association to vote in favor. If it’s a good idea, half should agree. My hunch is that most have little knowledge of the association or what it does.
I also think there is a huge gap between the retail world and the professional world. No doctors are looking for foot traffic. If anything, we attract people to downtown for the benefit of retail.
I hope the council will consider alternative plans and not vote for these increases.
Thank you for your consideration.
William R Tatomer, MD
Sent from my iPad
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From: Marcus Gilmour < >
Date:
November 4, 2022 at 8:48:50 AM PDT
To: [email protected]
Subject: DSMA new fee structure
Dear City Council Members,
The purpose of this email is to express my support for the proposed new DSMA fee structure.
It is important for DSMA to continue to be able to provide services that support business owners in the Downtown.
It is the small businesses that give the
Downtown it’s incredible character and vibrancy and I believe the new fee structure will help the DSMA in its efforts to continue supporting the business community into the future.
Regards,
Marcus Gilmour
Lane Partners
MARCUS J. GILMOUR | Principal
644 Menlo Avenue 2nd Floor, Menlo Park, CA 94025
t 650 838 0100
d 650 665 7085
LANE-PARTNERS.COM
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From:
MIN YEN CHANG
Sent: Monday, November 7, 2022 2:38 PM
To: [email protected]; [email protected]; Jennifer Chen <[email protected]> Subject: Additional Tax for DSMA
I am writing to protest the proposed tax increase as per your letter dated October 18,2022. We pay enough in fees and do not support additional funding to the DSMA. Thank you.
Sincerely,
Min Yen Chang
Owner
C3 Auto Inc.
315 8th Ave
San Mateo, Ca 94401
Sent from Yahoo Mail.
Get the app
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Downtown Business Improvement Area
(DBIA)
Resolution to Modify Annual Assessment
Public Hearing
Jennifer Chen, Economic Development Manager
Office of City Manager
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Public Process
• At the 10/17 meeting, City Council approved DSMA’s request to hold a public hearing on the modification of the basis and method of assessment for the DBIA
• The City sent a second mailing to all Downtown businesses with a copy of the resolution with the new assessment fees
• Announcement of the public hearing and copy of the resolution were published in the San Mateo Daily Journal
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Proposed BID Funding Details
B y : S ar a M ar es , N B S
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Proposed Fee Structures
Existing DBIA Boundary and Zones – No changes
Business Type
• Retail based on Gross Receipt – Tiers unchanged
• Financial – Flat Rate
• Professional – Based on number of full time equivalent (FTE) employees/ 40 hours
• Service – Based on number of full time equivalent (FTE) employees/ 40 hours
• Miscellaneous Type - Removed business type
• Hotel - Removed business type
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Business Type Categories
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Proposed Updated Fee Structure
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Amendments to the Fee Structure
• ‘Sole proprietor’ defined as a business owner who works for themselves without any employees
• Addition of a Sole proprietor tier for Professional and Service categories • Reduction of fees for the Professional and Services categories in the 6-15 employee tier
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At the Oct 17th meeting, DSMA detailed the anticipated expenditures:
Hire a full-time executive director to bring more
presence and dedicated effort to the Downtown
Increase cleaning activities to maximize benefit to
Downtown
Expand marketing, advertising, and publication to
increase foot traffic to downtown businesses
Reinvigorate signature DSMA events and public art
programs to help promote local businesses and
increase community engagement
Advocacy for Downtown businesses
Continue the strong relationship with the City
Council, City Manager, and Public Works departments
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Next Steps:
• If approved, fees will start July 1, 2023
• Staff will implement the changes in the business tax license over the course of the next 3-6 months
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Council Action Requested:
• Introduce the ordinance and adopt the resolution, both as amended
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 16 Section Name: NEW BUSINESS Account Number: 25-3112 File ID: 22-6553 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: November 7, 2022
SUBJECT:
Draft Goals, Policies and Actions for the Land Use, Community Design and Historic Preservation, and Safety Elements – General Plan Update
RECOMMENDATION:
Provide direction on the Goals, Policies and Actions for the Land Use, Community Design and Historic Preservation, and Safety Elements that should be included in the City’s Draft General Plan Update.
BACKGROUND:
The City’s General Plan Update (GPU) kicked off in fall 2018 and began with a series of visioning workshops and community meetings. From April 2019 through July 2022, the General Plan team held a series of meetings and events to establish the General Plan study areas, create the range of alternatives, confirm the draft alternatives, and receive feedback and direction on the preferred land use and circulation scenarios from the community and, ultimately, the City Council. More information about the background information, technical reports and the outreach process, including meeting materials and recordings, is available online at www.StriveSanMateo.org.
To date, the Strive San Mateo General Plan Update has focused on crafting a shared community vision for what San Mateo can be in the year 2040, as well as selecting the preferred land use and circulation scenarios that will guide the General Plan’s Land Use and Circulation Elements. The process is now shifting to focus on the goals and policies for all of the elements in the City’s General Plan Update. The draft Goals, Policies and Actions were published on July 21, 2022, which started the next phase of community outreach and engagement (public meetings, workshops and pop-up events, as well as an online survey), that wrapped up at the beginning of October 2022.
Goals, Policies and Actions Definitions
A General Plan is made up of a Vision Statement and Guiding Principles (Attachment 1), text describing key issues of community interest, and goals and policies that outline how the City will address those issues, as well as accompanying maps and diagrams. Each element of the General Plan will also include a concise set of background narratives that summarizes current conditions in the city related to the topics in the element. The background information will provide context about the issues the City plans to address, explaining why there is policy direction so that the the policies and actions can focus on how the City can achieve a desired outcome. The narratives also provide information on other regulations and/or agencies that influence the decision-making process. Together, these items paint a picture of the community’s future. A draft outline of how the complete draft General Plan will be composed is included in Attachment 2.
It is anticipated that this outline will continue to evolve and be refined based on ongoing community input and Council direction before the draft General Plan document is published in 2023.
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Each element, or chapter, of the General Plan addresses a specific set of topics and includes a set of goals, policies and actions that provide a blueprint for how the City will address these issues. Definitions of what a goal, policy, and action are, and the relationship between them, is as follows:
•A goal is a description of a general desired result that the City seeks to create through the implementation of its General Plan.
•A policy is a specific statement that regulates activities in the City, guides decision-making and directs ongoing efforts as the City works to achieve a goal. General Plan policies establish standards that will be used by City staff, Planning Commission, and City Council when pritoritizing initiatives and expenditures, reviewing and approving new development, and in related City decision-making.
•An action is a measure, procedure, or technique intended to help reach a specified goal or implement a policy. The actions in the General Plan will serve as a to-do list for City staff and officials to implement the goals and policies of the General Plan.
These goals, policies, and actions provide guidance to the City on how to direct change and manage resources over the next 20 years.
The basis for the draft Goals, Policies and Actions started with the City’s current General Plan. However, there are many important policy topics in which the current General Plan policy language is outdated and/or no longer adequately responds to current conditions and other present-day issues. To address these policy gaps, the General Plan team drafted updated versions by refining existing policies and creating new ones, as needed. The process to prepare the draft Goals, Policies, and Actions that go into the GPU includes the following steps:
•Review of existing General Plan Goals, Policies, and Actions. City staff from all departments, the GPU Technical Advisory Committee (TAC), reviewed the existing General Plan Goals, Policies, and Actions and provided direction on which policies needed clarification, improvement, or removal. In addition, the General Plan team carefully reviewed the Goals, Policies, and Actions and identified what changes were needed to respond to community input collected throughout the GPU process and State requirements by drawing from best practices used by other California communities.
•Draft new and revised Goals, Policies, and Actions. The preparation of the updated Goals, Policies, and Actions for the GPU has been going on for over two years, with the TAC and General Plan Team focused on addressing policy gaps, alignment with current processes and policies, and in response to community input. These draft Goals, Policies, and Actions are available online at: www.strivesanmateo.org/general-plan-documents/. •Collect input and direction on draft Goals, Policies, and Actions. The General Plan team is sharing the draft Goals, Policies, and Actions with the community, General Plan Subcommittee, Planning Commission, and City Council this summer and fall to receive input and direction. Table 1 summarizes the community outreach program.
Table 1 – Goals, Policies, and Actions Outreach Activities and Events Event Date
Strive San Mateo Newsletter Mailed to all households Citywide during week of July 19-22, 2022 Online Survey Monday, July 18 to Friday, October 14, 2022 Informational Virtual Workshop Thursday, September 8, 2022 In-Person Spanish Language Workshop Saturday, September 10, 2022 at the King Center In-Person Open House Saturday, September 17, 2022 at the Downtown Library Pop-up Events See Attachment 4 for the list of events
Community Group Presentations Dates and locations TBD
Community Feedback
On July 21, 2022, the City published an online survey to collect feedback and reactions to the draft Goals, Policies and Actions. Survey participants had the option of selecting which draft Goals, Policies, and Actions from the seven General
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Plan Elements to provide feedback on. The online survey was open through October 14, 2022, and a total of 221 responses were submitted. In addition, as of October 21, the City had received 39 written comment letters. Based on the survey responses and written comments, some of the key issues that the community wants to see addressed within the GPU are as follows:
•Improving public safety;
•Limiting noise exposure;
•Maintaining the City’s visual and architectural character; •Adding more affordable housing;
•Preserving historic resources;
•Planning for sea level rise;
•Maintaining and improving infrastructure, public services, parks and recreational facilities; and •Improving bicycle and pedestrian safety and connectivity.
A more detailed summary of the online survey results, community input and comment letters received through October 21, 2022, is included in Attachment 3.
General Plan Subcommittee Meetings
The General Plan Subcommittee (GPS) met on August 11, 18, and 30, 2022, to review and provide feedback on the draft Goals, Policies and Actions. At all three meetings, the GPS accepted public comments, asked clarifying questions and provided a range of comments and feedback on all of the topics covered in the seven elements. Some of the overarching themes that emerged from the GPS’s discussions and comments are listed below. A more detailed summary of the comments and input provided by the GPS is included in Attachment 4. •Focus on ways to support increased housing production and providing housing for residents at all income levels. •Support the transition away from single-occupancy vehicles to other forms of mobility and prioritize investment in infrastructure that supports the safety and comfort of walking, biking and transit. •Highlight how the City will be addressing environmental justice and climate change in all of the elements. •Support high quality, pedestrian oriented, human-scale design in new development, with a focus on establishing objective standards for architectural design and historic preservation. •Support investment in the City’s parks and recreational facilities, and ensure that they are accessible to all residents and neighborhoods.
Planning Commission Meetings
The Planning Commission reviewed the draft Goals, Policies and Actions at their meetings on September 13 and September 27. At the September 27th meeting, the Commission provided recommendations on the Land Use, Community Design and Historic Preservation and Safety Elements. Overall, the Commission generally supported the comments provided by the GPS and made comments about the need for some policies to be more focused and, in many cases, include stronger language. Some of the Commissions’ overarching recommendations for each Element are listed below. A more detailed summary of the input and recommendations provided by the Planning Commission is included in Attachment 5.
•Land Use Element
oAddress the City’s jobs-housing balance and include policies that improve the balance. oSupport the inclusion of environmental justice policies and actions in the General Plan. oStrengthen policies related to climate change.
•Community Design and Historic Preservation Element
oClarify what the term “character” means in the General Plan. oAvoid stark differences in building mass within a single block. oRevisit the language in the historic preservation policies and actions. •Safety Element
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oSea level rise is an important hazard to consider in the General Plan. oProvide an emphasis on emergency readiness in the equity priority community areas. oAdd policies focused on reducing per capita energy use.
To respond to reoccurring comments and feedback that were received from the community, GPS and/or Planning Commission, the General Plan Team drafted updated language for various goals, policies and actions in the four elements under review at this meeting (Attachments 6-8). These recommendations include edits/revisions to existing language, as well as potentially new policies and actions for the Council to consider. Policies and actions with suggested revisions are shown in track changes and listed below the original draft language that was published in July 2022 for comparison purposes. These recommended edits are not inclusive of all comments received and should be considered a starting point for the discussion. Staff is looking for direction on other topics and comments before drafting edits or evaluating updated policy language.
DISCUSSION:
The goal of this meeting will be for the Council to provide direction to the General Plan Team on the draft Goals, Policies and Actions and which ones should or should not be included in the draft General Plan. As noted above, for this meeting, the Council is reviewing and providing direction on the Goals, Policies and Actions for the following three General Plan elements:
•Land Use (Attachment 6)
•Community Design and Historic Preservation (Attachment 7) •Safety (Attachment 8)
When considering the draft Goals, Policies and Actions, as well as all of the comments and feedback collected, the Council should consider the following questions:
•Do you agree with the proposed revisions to the draft Goals, Policies, and Actions, and the proposed new policies and actions in response to input received to date (Attachments 6-8)? •Is there anything you would add or change?
•Should any of the policies be changed from a recommendation to a requirement or vice versa? •Are there additional specific actions that should be added to support implementation of the policies? NEXT STEPS:
Following the two October meetings, the General Plan Team will finalize the Goals, Policies and Actions per Council direction and incorporate them into the draft General Plan. Publication of the draft General Plan is targeted in spring 2023.
The draft General Plan will then be available for review and input from the community, the GPS, the Planning Commission, and the City Council in spring and summer of 2023.
BUDGET IMPACT:
There are no direct budgetary impacts to taking this action.
ENVIRONMENTAL DETERMINATION:
In accordance with Public Resources Code section 21065, the City Council's direction on the draft Goals, Policies and Actions is not a project subject to CEQA because it can be seen with certainty that this activity will not cause a physical change in the environment. Preparation of a draft Environmental Impact Report for the General Plan Update commenced in August 2022, with publication of the report for public review anticipated in the spring of 2023. The draft Environmental Impact Report will have a 45-day public comment period once it is published. A final EIR will be prepared prior to any formal decisions on the updated General Plan.
PUBLIC COMMENTS:
A summary of the community feedback and comments on draft Goals, Policies and Actions that has been received since July 2022 is included in Attachment 3. All written comments that have been submitted on this topic are available online at www.strivesanmateo.org/documents/publiccomments. This link also includes all comments that have been submitted since the beginning of the GPU effort in September 2018.
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NOTICE PROVIDED:
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – General Plan Vision Statement
Att 2 – Draft General Plan Outline
Att 3 – Updated Summary of Community Feedback
Att 4 – Summary of General Plan Subcommittee Meetings
Att 5 – Summary of Planning Commission Recommendations
Att 6 – Land Use Element Draft Goals, Policies and Actions Att 7 – Community Design and Historic Preservation Element Draft Goals, Policies and Actions Att 8 – Safety Element Draft Goals, Policies and Actions
STAFF CONTACT
City of San Mateo PlaceWorks
Zachary Dahl, AICP, Deputy Director Joanna Jansen, AICP, LEED AP, Principal (650) 522-7207
[email protected]
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Our Vision:
San Mateo is a vibrant, livable, diverse, and healthy community that respects the quality of its neighborhoods, fosters a flourishing economy, is committed to equity, and is a leader in environmental sustainability.
Diversity
We embrace
diversity and
respect the
experiences,
contributions,
and aspirations
of people of all
ages, abilities,
incomes, and
backgrounds.
We celebrate
arts and
culture.
Balance
We seek to
balance
well-designed
development
and thoughtful
preservation
with a full
spectrum
of choices
for housing
and effective
transportation.
Inclusivity
We strive
to include
everyone in
community life
and decisions
for a shared,
sustainable
future.
Prosperity
We cultivate
a diverse
and thriving
economy with
different types
of homes, jobs,
recreation,
lifelong learning
opportunities,
and services
for both current
and future
generations.
Resiliency
We are leaders
in sustainability,
making San
Mateo strong
and resilient by
acting boldly
to adapt to
a changing
world.
Our Values:
Vision
&Values
San Mateo General Plan Update www.strivesanmateo.org
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P L A C E W O R K S i
Draft General Plan – Outline
I. INTRODUCTION
A. WHAT IS A GENERAL PLAN?
B. WHO MADE THE GENERAL PLAN?
C. VISION AND VALUES
D. USER’S GUIDE
1. Overview of elements
2. Topics integrated throughout:
a. Environmental Justice
b. Climate Change and Sustainability
c. Community Engagement
3. Definition of goal, policy, and action
E. IMPLEMENTING THE GENERAL PLAN
1. Relationship to zoning code, other plans, annual budget, etc.
2. Amendments process
II. LAND USE
A. INTRODUCTION
B. BACKGROUND
1. Area Description
2. History
3. Projected Growth
4. Economic Profile
5. Land Use
i. Land Use Standards
ii. Land Use Map
iii. Specific Plans and Master Plans
C. GOALS, POLICIES, AND ACTIONS
1. Balanced, Orderly, and Equitable Growth and Preservation
2. A Diverse Range of Land Uses
3. Focused Planning Areas
a. Downtown
b. El Camino Real
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c. Hillsdale Station Area
d. Shopping Centers in Transition
4. Environmental Justice
a. Community Health
b. Equity Priority Communities
c. Access to Healthy Food
5. Community Engagement
6. Climate Change and Sustainability
7. A Sustainable Economy
a. Economic Development
b. Fiscal Health
8. Development Review
9. Regional Cooperation
10. General Plan Maintenance
III. CIRCULATION
A. INTRODUCTION
B. BACKGROUND
1. 21st Century Transportation
2. Transit
3. Bicycle and Pedestrian
4. Roadway Classifications
5. Future Traffic Conditions
6. Roadway improvements
7. Parking
8. Future Transportation Technology
C. GOALS, POLICIES, AND ACTIONS
1. Multimodal Transportation
2. Transportation Demand Management
3. Pedestrians
4. Bicycles and Micromobility
5. Transit and Mobility Services
6. Roadway Improvements
7. Parking Management
8. Future Mobility and Technology
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P L A C E W O R K S iii
IV.HOUSING [prepared separately]
V. COMMUNITY DESIGN AND HISTORIC RESOURCES
A. INTRODUCTION
B. BACKGROUND
1. Setting
2. Historic Resources
3. Elements of Design (e.g. scale, massing, materials, lighting, landscaping)
4. Art in Public Places
C. GOALS, POLICIES, AND ACTIONS
1. Natural Landscapes and the Urban Forest
2. Historic Resources
3. City Image
4. Residential
5. Mixed-Use and Commercial Areas
6. Area-Specific Design Policies
i. North Central
ii. Shoreview
iii. Marina Lagoon/ Bridgepointe
i. Northwest Heights
iv. Hayward Park/SunnyBrae
v. Beresford Park
ii. Hillsdale/Sugarloaf
iii. Western Hills
VI. CONSERVATION, OPEN SPACE, PARKS AND RECREATION
A. INTRODUCTION
B. BACKGROUND
1. Natural Resources
2. Tribal Cultural Resources
3. Parks and Recreation
C. GOALS, POLICIES, AND ACTIONS
1. Environmental Stewardship
2. Access to Nature
3. Water Quality, Creeks, and Riparian Areas
4. Air Quality
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5. Hillsides
6. Archaeological Resources and Tribal Cultural Resources
7. Parks and Recreation
VII. PUBLIC SERVICES AND FACILITIES
A. INTRODUCTION
B. BACKGROUND
1. Equitable Access to Public Services and Facilities
2. Water Supply/Storm Drainage/Wastewater/Street Maintenance
3. Public Buildings
4. Schools
5. Library Services
6. Hospital and Medical Services
7. Childcare
8. Social Services
9. Communications
10. Solid Waste and Recycling
11. Waste Management
C. GOALS, POLICIES, AND ACTIONS
1. Community Safety
2. Water Supply
3. Sewer and Storm Drainage
4. Public Services and Facilities
5. Children and Youth
6. Healthcare and Social Services
7. Solid Waste
VIII. SAFETY
A. INTRODUCTION
B. BACKGROUND
1. Emergency Readiness and Emergency Operations
2. Geologic and Seismic Hazards
3. Sea Level Rise and Flood Hazards
4. Wild Fire Hazards
5. Hazardous Materials
6. Energy Supply
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P L A C E W O R K S v
C. GOALS, POLICIES, AND ACTIONS
1. Emergency Readiness and Emergency Operations
2. Geotechnical Hazards
3. Flood Hazards
4. Sea Level Rise
5. Wildfire Hazards
6. Hazardous Materials
7. Energy Supply
IX. NOISE
A. INTRODUCTION
B. BACKGROUND
1. Basic Concepts of Environmental Noise
2. Noise in San Mateo
3. Mitigating Noise Impacts
C. GOALS, POLICIES, AND ACTIONS
X. APPENDICES
XI. GLOSSARY
XII. ACKNOWLEDGEMENTS
Separate from General Plan: ACTION PLAN (or IMPLEMENTATION PLAN)
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MEMORANDUM
DATE October 21, 2022
TO San Mateo City Council
FROM Joanna Jansen and Carey Stone, PlaceWorks
SUBJECT Summary of Community Engagement and Public Input on the Draft Policies and Actions This memorandum summarizes the community input received on the draft policies and actions as of October 21, 2022. Table 1 summarizes the outreach events. The purpose of the outreach events was to spread the word about the draft policies and actions, answer questions, and collect feedback and reactions to the proposed policy language.
TABLE 1 COMMUNITY OUTREACH EVENTS
Date Outreach Event # of Participants
Thursday, July 21, 2022 to
Friday, October 14, 2022 Draft Policies and Actions Online Survey 221 Saturday, July 16, 2022 to
Friday, October 21, 2022 Written Public Comments 39
Tuesday, August 23, 2022 Video Loco Pop-up 25
Thursday, August 25, 2022 Video Loco Pop-up 20
Friday, August 26, 2022 Chavez Market Pop-up 15
Saturday, August 27, 2022 Rediscover San Mateo Community Fest Pop-up 140 September 06, 2022 Chavez Market Pop-up 50
Thursday, September 8, 2022 Virtual Community Workshop 26 Friday, September 9, 2022 Movies in the Park Pop-up 50
Saturday, September 10, 2022 Spanish Language Workshop 4 Saturday, September 10, 2022 September Nights on B Street Pop-up 30 Thursday, September 15, 2022 September Nights on B Street Pop-up 15 Friday, September 16, 2022 Movies in the Park Pop-up 50 Saturday, September 17, 2022 Open House 30
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TABLE 1 COMMUNITY OUTREACH EVENTS
Date Outreach Event # of Participants
Thursday, September 22, 2022 September Nights on B Street Pop-up 31 Friday, September 23, 2022 Movies in the Park Pop-up 25 Saturday, September 24, 2022 San Mateo Firefighters Association Chili Cook-off Pop-up 45
SUMMARY OF COMMUNITY INPUT BY TOPIC/ELEMENT
This section summarizes the feedback on the draft policies and actions. The City collected feedback via:
Draft Policies and Actions Online Survey. The online survey was available on www.strivesanmateo.org from July 21, 2022 through October 14, 2022 to allow community members an opportunity to share reactions and feedback on the draft policies and actions.
Respondents can choose to provide input on some or all of the goals and policies of the seven General Plan elements. The settings of the survey restricted the number of responses to one per person and track web browser cookies to help ensure that each participant only completes the survey once. The online survey is not considered statistically significant. Pop-up Events. The City has planned 12 pop-up events to occur at locations throughout the city to ensure the outreach process collects input from the following groups per Council direction:
o Non-English speakers
o Renters
o Residents 44 and under
o Low-income and very low-income households
o Under-represented neighborhoods:
North Shoreview
Shoreview
North Central
Central
East of 101
At the pop-up events, City staff has been sharing information about the General Plan update, publicized the upcoming outreach events, and encouraging people to take the online survey. Virtual Workshop and Open Houses. The City hosted a virtual workshop on Thursday, September 8, 2022, an in-person Spanish language Open House on September 10, 2022, and an in-person Open House on September 17, 2022. At these events, participants could ask questions and provide feedback on the draft policies and actions.
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Written Comments. Throughout the General Plan Update the City has encouraged people to submit written comments to [email protected]. From July 16, 2022 to October 21, 2022, the City received 39 written comments. Attachment A includes the original written comments submitted to the City. Any written comments submitted after this date will be posted to: www.strivesanmateo.org/documents/publiccomments/ The following sections organize the feedback according to the relevant General Plan element.
Environmental justice comments are located under the “Environmental Justice” header.
Land Use Element
• When asked how the City should focus its land use planning efforts, the top two answers selected by survey respondents included:
o Maintain downtown San Mateo as the economic, cultural, and social center of the community.
o Promote residential and mixed use land uses and improvements along El Camino Real to strengthen its role as both alocal and regional connector. • When asked what top goals this element should priortize, the top three goals selected by survey respondents included:
o Encourage a wide range of land uses, including housing, parks, open space, retail, etc.
o Help improve conditions in equity priority communities. *Note: Equity priority communities are areas that have asignificant concentration of underserved populations, such as households with low incomes and people of color. o Promote balanced, orderly and equitable growth.
• Other comments:
o Focus housing growth close to public transit and retail areas where the impact on existing neighborhoods will be limited.
o Build structures over three stories along El Camino Real given limited land supply and to add more affordable housing.
o Prioritize residential uses in mixed use designations. Push for a higher number of housing units and resident parking in mixed use buildings. o Increase the Below Market Rate housing from 15 percent to 20 percent or more for new projects that provide affordable housing.
o Maintain the jobs/housing balance.
o Prioritize land use policies that will further ithe City’s environmental and social equity goals. There seems to be a disconnect between these goals and the physical planning and design approaches outlined in the draft Land Use Element.
o Encourage transit-oriented, high density, mixed used developments. o Plan for two- and three-bedroom housing units to accommodate families.
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o Create a requirement that new multifamily units have a minimum mix or percentage of 3+ bedrooms.
o Increase family friendly rental housing that have three bedroom units. o Create a vacancy tax on all units that are vacant for six months or longer. o Create a policy to provide and priortize housing for City employees, teachers, firefighters, etc.
o Streamline permitting for new housing if it meets affordability targets. o Simplify the Accessory Dwelling Unit requirements.
o Add a policy that prohibits the removal of housing units similar to the City of San Francisco. For example, if a property has two legal units, any redevelopment of the site should have at least two units or pay in-lieu fees for the removal of the unit.
o Prioritize housing over retail or office space in mixed use designations. o Develop along our various arterials with bus routes, like Alameda de las Pulgas and Hillsdale Blvd, not just El Camino Real.
o Height, density, and parking requirements make it impossible to build affordable housing.
o Preserve existing medical office sites; the shortage of primary care doctors will be exacerbated by new housing.
o Limit the density of downtown development.
o Require downtown development to account for grade separation. o Increase the maximum building height in downtown and elsewhere to support more housing options around major transit centers.
o Add more housing and less office space.
o Increase housing for all income levels.
o Stop building housing to reduce traffic and noise. Maintain retail spaces. o Stop big developments.
o Respect Measure Y limits. Keep San Mateo’s small town feel. o Increase building heights.
o Consider five/six-story buildings along El Camino Real and near transit. o Stop the construction of housing provided by the government. o Accommodate the 1900 Norfolk development and the possible new building at the Fish Market.
o Support Draegers marketstaying in downtown. Add a grocery store in downtown if Draegers leaves.
o Promote smaller stores within communities instead of big stores. o Require mixed use projects to have a minimum of 40 percent housing if housing program benefits are to apply.
o Consider the transition of office uses to residential uses only if there is access to transit, infrastructure, and recreation services.
o Encourage retail uses.
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o Preserve retail to protect local jobs.
o Locate mini-markets, pocket parks, and mini-town squares within walking distance of housing.
o Increase family-friendly entertainment uses.
o Maintain vacant land for park use.
o Expand outdoor dining along B Street. Add more B Street type closures around the city.
o Maintain commercial developments to buffer residential areas from traffic and train noise.
o Make shopping centers more “green” and safe.
o Repurpose underutlized spaces.
o Improve the building permit process so that it is less complicated and time consuming.
o Hold town halls and health fairs to engage with the community. o Employ ambassadors to walk around the City and engage with people about their issues and needs. Need more door to door visits.
o Publicize/have larger presence about City initiatives in the San Mateo Daily Journal.
o Send out more mailers about City happenings.
o Continue to offer Zoom meetings/workshops in the afternoons/evenings. o Offer in-person meetings.
o Increase public noticing.
o Consider renters in all City decisions. Encourage renters to participate in community engagement processes.
o Provide child care at meetings.
o Add WiFi at senior housing; offer digital classes.
o Reduce greenhouse gas emissions by promoting access to shops, jobs, recreation, and services within walking distance.
Circulation Element
• When asked how the City should work toward a sustainable transportation system, the top two answers selected by respondents included:
o Prioritize bicycle and pedestrian safety improvements. o Encourage mixed-use transit oriented development near Cal Train stations and transit corridors.
• When asked what top goals this element should priortize, the top three goals selected by survey respondents included:
o Foster a sustainable transportation system that has walking, biking, and transit connections.
o Build and maintain a safe, connected, and equitable pedestrian network. • Other comments:
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o Reduce and eliminate traffic fatalities.
o Reduce traffic congestion.
o Reduce speed limits on driving corridors, especially on El Camino Real to improve pedestrian and bicycle safety.
o Average vehicle speeds of 25 mph is a degradation to our quality of life. o Add stop signs to Sunnybrae Boulevard to reduce traffic speed. o Add stop signs to slow drivers between El camino Real and San Mateo Drive. o Implement “less drastic” speed bumps along Alameda de las Pulgas. o Keep 26th Avenue and Pico Avenue closed from Campus Drive. o Consider oneway streets for narrow roadways.
o Design roadways across railroad tracks so you don’t have to drive on 19th Avenue to get from west San Mateo to east San Mateo.
o Add connections under railroad tracks as part of grade separation projects. o As part of Hayward Station Caltrain redevelopment, connect 16th Avenue under the tracks for bicycle, pedestrian, and vehicles.
o Need more frequent, faster bus service.
o Provide electric public transportation options such as buses and scooters. o Add a Downtown shuttle.
o Incentivize parents not to drive their kids to school. Add free busing for all students.
o Add bicycle/pedestrian paths along the right-of-way as part of Caltrain construction efforts.
o Encourage biking and walking and prioritize bicycle and pedestrian safety improvements.
o Increase off-street/protected bicycle and pedestrian trails. o Create a program to purchase electric bicycles and scooters to help resolve the last mile issue.
o Prohibit circular bike racks; they are difficult to lock your bike to. Look to bike racks and bicycle parking program the City of Davis uses/has. o Prioritize and seek out funding for existing proposed bicycle lanes. o Add more bike lanes. Add bike lanes along El Camino Real, 3rd Avenue, and 4th Avenue,
o Add bike lockers.
o Add a bicycle boulevard along Hacienda and Mason along with traffic calming measures.
o Add a buffered bike lane on the Alameda.
o Improve and widen sidewalks whenever possible.
o Increase the safety and walkability of El Camino Real by adding crosswalks, improving sidewalks and increasing transit.
o Widen sidewalks along El Camino Real between 20th and 25th Avenues.
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o Update downtown development guidelines so that building to the lot line does not reduce the existing sidewalk width.
o Add a pedestrian bridge over SR 92 between 26th Avenue and Campus Drive. o Slow down traffic to 15 mph in school zones, even on main corridors like Alameda de las Pulgus in front of Aragon High School and Baywood Elementary. o Develop a safe routes for seniors program.
o Improve pedestrian safety, especially along East Poplar and San Mateo Drive. o Allow riding on the sidewalk in appropriate areas.
o Educate people about the benefit of bicycling and walking in terms of climate change.
o Attract a micromobility provider to San Mateo.
o Plan for improvements in micromobility including scooters and other new technology.
o Apply complete streets design standards to future projects. o Improve transit, walking, and biking connections to parks, public facilities, shops, and schools.
o Incentivize the use of public transportation.
o Increase bicycle and pedestrian connectivity when reviewing new development projects.
o Encourage electric bike rentals or electric bike subsidies for residents. o Add electric vehicle charging stations inpublic parking areas including schools. o Encourage carpooling.
o Require developers to provide on-site parking instead of paying in-lieu fees. o Taking away parking to disincentivize car use doesn’t work;don’t remove parking for bike lanes.
o Reduce parking requirements. Eliminate parking minimums citywide. o Limit parking lots.
o Repave the roads in the Sunnybrae neighborhood.
o Avoid purely asiprational transportation policies; taking away parking will not decrease driving. To reduce traffic, encourage hybrid work approaches. o Make toll lanes on US 101 free to residents of the county where the lanes are located.
o Add an off ramp at the office park/Marriott near SR 92/US 101. o Consider shared parking, e.g. use Hillsdale Shipping Center for overnight parking.
o Add street lighting citywide.
o Focus engaging with homeowners, especially over 65 years old.
Community Design and Historic Preservation Element
• When asked how the City can help develop and maintain San Mateo’s unique character, the top two answers selected by survey respondents included:
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o Promote pedestrian improvements that increase neighborhood and citywide walkability.
o Require usable public open space areas in new developments. • When asked what top goals this element should priortize, the top three goals selected by survey respondents included:
o Protect heritage trees and street trees.
o Preserve historic and culturally important structures, assets, and districts. o Preserve and enhance San Mateo’s natural setting.
• Other comments:
o Preserve historic resources.
o Update the historic resource survey.
o Pair historic and ecological preservation with a forward-looking approach to new development, including higher densities and acceptance of a range of architectural styles.
o Ensure the preservation of historic resources is not overused to deny projects. o Strengthen the historic resource preservation policies. See the letter from the San Mateo Heritage Alliance in Attachment A for the list of suggestions. o Allow developers to contribute money for public education and interpretation of historic and archaeological resouces as a mitigation measure. o Educate the public about cultural resources.
o Update historical plaques and landmarks; incorporate native voices. o Create spaces that are specific to different age groups in San Mateo. o Maintain the character of San Mateo in new development by incorporating classical design elements and sufficient green space.
o New buildings in Downtown San Mateo have negatively affected the historic character and ambience.
o Improve Downtown’s cleanliness and design.
o Incorporate design principles to ensure that new buildings and additions are responsive and complementary to the existing historic character, local topography, urban design and sense of place that is evident throughout San Mateo.
o Incorporate more traditional architectural in new buildings in or near the historic district.
o Improve the character of downtown.
o Include shorter buildings at the street front and transition to taller buildings at the back to prevent an “alley” feeling on a street.
o Support more stories of building height if building design is attractive. o Add more benches downtown.
o Prioritize pedestrian and wheelchair friendly design. o Continue to support ground floor retail uses and improvements the physical and aesthetic nature of the Borel Square commercial district. New buildings or
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remodels should incorporate natural landscaping that compliments the residential neighborhood. Encourage a mixed-use and community recreation facility.
o Add more trees to keep the city cool from excessive heat. o Regularly water trees planted as part of the tree planting program. o Add flexibility for the removal and replacement of historic trees. Look at the criteria for tree removal.
o Add incentives to remove trees that pose a fire danger.
Conservation, Open Space, Parks and Recreation Element
• When asked how the City can imporve access to parks, recreational programs, and facilities, the top two answers selected by survey respondents included:
o Increase availability of free park facilities and amenities that are open to the public.
o Increase opportunities for residents to provide input on major park improvements.
• When asked how the City should prioritize future park improvements, the top two answers selected by survey respondents included:
o Improve and create new passive use outdoor spaces such as linear parks and pocket parks.
o Invest in underserved areas and areas with limited access to park facilities.
• When asked what top goals this element should priortize, the top three goals selected by survey respondents included:
o Protect and enhance the City’s natural resources.
o Ensure that all San Mateo residents breathe safe, clean air. o Provide a comprehensive system of parks and recreation programs and facilities.
• Other comments:
o Maintain and preserve heritage trees.
o Amend Policy CD-P2.3 to protect tree roots during construction activity. o Incorporate fire prevention measures in open space.
o Require new construction to incorporate green space and carbon neutralizing features.
o Develop more green space and sports fields.
o Add pocket parks everywhere. Work with the community to identify the locations.
o Stop approving new development until there is a plan for the City to meet the park service standards.
o Highlight a “park of the month.”
o Make private open space requirements flexible to increase open space.
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o Open Mickelson Pool.
o Add a 50 meter swimming pool.
o Upgrade the pickle ball courts at Central Park.
o Paint and update all City buildings and community centers. o Reduce the amount of trash at Central Park.
o Get rid of the Poplar Creek Golf Course VIP program.
o Create a program where individuals can sponsor dog poop bag stations. o Offer a variety of professional concerts and performances at the San Mateo Performing Arts Center.
o Ensure the accessibility of all public services and facilities, such as playgrounds and recreational programs for children with disabilities. o Add more spaces for community groups to gather.
o Incorporate maker spaces in libraries or recreation centers. o Work with schools to open their playgrounds for public use. o Implement a “Take a Hike” program similar to the County of San Mateo. o Complete the Bay Trail.
o Encourage healthy lifestyles through City events like walk-a-thons. o Add exercise stations along walking and jogging trails. o Add a water faucet at the Seal Point dog park bench/shade structure. o Plant trees at Seal Point.
o Allow off-road bicycle access, including on singletrack trail segments, in Sugarloaf Open Space.
o Utilize vacant lots for community gardens, trails, and exercise use. o Increase outdoor trails.
o Provide safe connecting routes to open spaces in Belmont. o Increase rooftop gardens.
o Use native and drought tolerant plants in City parks. o Not enough parking at Central Park.
o Beresford Park is too crowded.
o Reduce the use of artificial chemicals ( fertilizers, herbicides, pesticides) to create a more regenerative local ecosystem.
o Clean up outdoor spaces and waterways.
o Improve access to creeks and the lagoon. Add benches and trails along the lagoon.
o Educate the community about the benefits of creeks, ex. they provide habitat for plants and animals and flood protection.
o Protect and preserve open space; no mitigation should be allowed. o Maintain our natural areas to help protect residents from heat events. o Raise our levees to protect the city from sea level rise. o Encourage solar panels; consider City subsidies.
o Ban gas leaf blowers to improve air quality and reduce noise.
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o Create an outdoor, dedicated roller skating area.
o Reduce light pollution.
Public Services and Facilities Element
• When asked how the City should support access to health care facilities, social services, and other community health amenities, the top two answers selected by survey respondents included:
o Support efforts to provide the city’s fair share of social services. o Encourage the expansion of high-quality medical care services. • When asked how the City should maintain adequate water supplies, the top two answers selected by survey respondents included:
o Encourage water efficiency in new developments and existing buildings. o Distribute recycled water for non-drinking purposes, such as toilet flushing and laundry.
• When asked what top goals this element should priortize, the top three goals selected by survey respondents included:
o Provide access to a safe, sustainable and resilient supply of water. o Provide for adequate police, fire, and life safety protection. o Foster the healthy development and education of children of all abilities, incomes, and backgrounds.
• Other comments:
o Ensure that future growth can be supported by City infrastructure. There should be a plan in place to ensure our infrastructure can support future population growth.
o Require developers to pay their fair share for improvements to infrastructure and public services.
o Make library services more inclusive, dynamic, and reflective of the community. o Increase police street patrol to reduce crime.
o Improve police and fire response times.
o Maintain police service levels and response times as the population grows. o Create a fund that the City contributes to every year to move City Hall to Downtown, closer to transit and local businesses.
o Modernize the fair grounds.
o Make it easier for people to dispose of large items.
o Add features to garbage trucks to prevent waste from flying out. o Require hauling serices to provide evidence waste was diposed of properly before being paid for the service.
o Require wastewater services to operate like a public utility where the City can access capital markets for funding needs.
o Develop lighting plans for public facilities to mitigate impacts to animals and insects while preserving community safety.
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o Incentivize grey water systems.
o Maintain the corporation yard in its existing location. o Focus water conservation strategies on big water users. o Add more lawn removal requirements.
o Fix water leaks.
o Reduce water waste from heating water.
o Expand programs that reimburse homeowners for sewer mainline repairs or replacements.
o Need environmentally safe buildings and infrastructure. o Partner with Recology to promote composting/food waste reduction at publicly owned apartment complexes.
o Reduce construction waste.
o Reduce litter on streets, sidewalks, creeks, etc. Add more garbage cans to reduce littering.
o Eliminate street sweeping machines in neighborhoods that do not restrict parking for street sweeping.
o Mirror the San Francisco “Pit Stop” program (i.e. public restrooms). o Need more support for the homeless.
o Retain and support healthcare providers and first responders. o Establish wellness centers.
o Partner with medical companies to promote wellness.
o Need quality full day child care.
o Add a middle school in District 3 to reduce traffic.
o Require school vending machines to sell water bottles for 25 cents similr to Costco.
o Need healthier restaurants.
o Need more dental facilities and discounts for dental service. o Increase farmers’ markets and publicize their availability. o Fund healthy school lunches.
Safety Element
• When asked what top goals this element should priortize, the top three goals selected by survey respondents included:
o Maintain adequate safety protection from wildfires.
o Promote clean energy supply.
o Support emergency preparedness efforts.
• Other comments:
o Establish a metric or rule to limit development in areas that would reduce 911 response times.
o Ensure that every community has a community center that can serve as a cooling center or emergency shelter during extreme and other types of
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disasters.
o Support emergency prepardness efforts.
o Continue to manage vegetation to reduce wildfire risks. o Trim eucalyptus trees along SR 92 (near Murphy) to reduce wildfire hazards. o Create a City program to address trees that pose a wildfire hazard; offer financial incentives to remove trees.
o Ensure that the new wastewater treatment plant incorporates a horizontal levee design for resilience to sea level rise.
o Plan for sea level rise.
o Consider the limits of our electricy grid when advocating for the use of clean energy sources.
o Quicken the transition to all electric heating and power. o Add security cameras in public ares and parks.
o Move the Energy Supply section to the Public Services and Facilities Element. o Create a plan to generate clean electric power.
o Encourage rooftop solar and electrification.
Noise Element
• Prohbit the use of outdoor equipment on Sundays.
• Require the use of electric leaf blowers.
• Reduce Caltrain and Union Pacific noise. Upgrade Caltrain crossings so no train horn is required.
• Train warning horn blasts seem excessively loud.
• Reduce Caltrain noise by adding greenery along US 101 and SR 92. • Implement a Caltrain quiet zone similar to Atherton.
• Caltrain grade separation will help reduce noise.
• Explore whether Caltrain operators need to honk their horns as much as four times. • Reduce commercial train activity.
• Improve the sound wall on the west side of US 101.
• Reduce the noise level along SR 92; it is too high and constant. • Ensure noise impacts are equitable on both the east and west sides of San Mateo. • Reduce the use of illegal fireworks.
• Establish and enforce a maximum noise limit for vehicles. • Prohibit the use of after market vehicle accessories that create loud vehicles. • Reduce noise pollution from aircraft. Require airplane “quiet hours” from 1 am to 4 am to allow for rest and peace.
• Pay for noise reduction window replacement for all housing within a flight path. • Reduce noice pollution from automobiles and buses.
• Reduce traffic noise along El Camino Real.
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• Require noise and vibration abatement for older, existing buildings that apply for rehabilitation/construction permits.
• As temperatures rise, consider the influence of AC units and increased noise and encourage all passive modes of cooling before mechanical cooling. • Limit the number of contruction projects happening in an area to reduce noise impacts. • Limit street sweeping to 5 am and later in the downtown area. • Ticket loud cars and motorcycles.
Environmental Justice (covered in multiple elements)
Environmental justice addresses our living environments, and specifically the health, safety, and opportunities available in different communities. The General Plan must include policies and actions that will lead to an equitable distribution of resources and opportunities and will reduce the impacts of environmental hazards in equity priority communities. Per State law, the General Plan’s environmental justice policies and actions must reflect the needs of the jurisdiction’s equity priority communities. To understand the needs of San Mateo’s equity priority communities, the City is holding a series of pop-ups in North Central and North Shoreview. This section summarizes input collected through a paper survey about environmental justice topics at the August 23 and 25, 2022 Video Loco Pop -up (North Central), August 26, 2022 Chavez Market Pop -up (North Shoreview), and Rediscover Community Fest Pop -up (Downtown) and at the Spanish language workshop on September 10, 2022. The paper survey was available in Spanish, Simplified Chinese, and English. City staff collected approximately 91 survey responses at these pop-ups.
Walking, Biking, and Taking the Bus
• Too many homeless people especially on the bus. Provide bicycles to homeless people. • San Mateo has good access to public transit and bike lanes. • Need more frequent bus service to reduce wait times.
• San Mateo needs BART service.
• Establish autonomous transportation in the downtown corridor. • Do not allow cars in the downtown.
• Improve bike lanes; it is dangerous and difficult to ride your bike on the road. • Add more bike lanes, but maintain existing parking.
• Require helmets on electric scooters. Establish speed limits for electric scooters. • Improve pedestrian access on El Camino Real.
• Need to add crosswalks, especially where students take the bus near 2 nd Avenue and
Humboldt Street.
• Add more pedestrian crossings along Poplar Avenue; it is very dark in places. • Improve 4th Avenue and Idaho Street.
• Improve the sidwalks.
• Have accessible ramps at every sidewalk crossing.
• Improve the roads.
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• Reduce traffic speeds.
• Parking is an issue.
• Reduce car break-ins.
• Add more street lighting citywide including along Monte Diablo Avenue and Grant Street.
Access to Healthy Foods
• San Mateo has access to healthy food.
• One thing that is missing is a large grocery store like Safeway. Safeway is a little bit far away. There used to be a Kmart next to Ross but now it is gone. Add a large grocery store at the Ross site.
• Many people get free, healthy food; there is a lot of support from churches and nonprofits.
• Add food lockers or refrigerators with free food at local worsjo[ spaces or recreation centers.
• Improve access to low-cost food.
• Improve the food offered at schools; make school food healthier. • Reduce the cost of fresh, healthy food.
• Lower income people are in poorer health because they can't afford organic food. • Increase community gardens in San Mateo; convert Fitzgerald Field into a community garden.
Civic Engagement
• Make a flyer with tear out phone numbers that people can take with them with information about events or where to call if they have a problem or question. • These bilingual pop-ups are great. Talk to people where they are; go directly to their neighborhoods.
• Have meetings and events in parks and sports fields.
• Increase advertising of events; increase social media posts. • Need to think about how to engage with people who don't know how to read or write. • Need more community events that are culturally specific. • Have options to participate in many languages; need more Spanish language workshops. • Hold after-work meetings.
• Hold events at local North Central churches.
• Increase the presence of City staff at community events to meet people and learn about our community’s needs.
• Use community groups and other agencies already working in our neighborhoods as messengers for City initiatives.
• Hold more neighborhood meetings.
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• Expand advertisements of City Council meetings and make it clear that people can provide comments, immigrants don't participate. Let people know that this is the only way you get your voice heard.
• Translate City Council meetings into multiple languages. • Schedule meetings on alternating days.
• Organize and educate the people that live here. Have meetings to orient them on how to improve the quality of life.
• Send more frequent notices through the mail, television, and radio; educate people about what is happening.
• Go to schools to provide information.
• Enforce compliance with Home for All housing plan.
Physical Activity and Community Health
• San Mateo could use a community health center.
• Need more fitness programs, fitness is not a priority for people. Fitness programs should be free.
• San Mateo needs more gyms.
• We need more gym equipment in parks. Especially the type of equipment that suggests the number of repetitions to do on each machine.
• There are a lot of places outdoors to run and walk; need to improve the promoting the availability of these spaces.
• Fix the playground slide at the Martin Luther King Park playground. • Need basketball courts.
• City should promote or advertise sports events and sponsor events such as races. • Promote physical activities with the support of different agencies. • Offer free classes like Zumba or martial arts in public spaces. • Convert Fitzgerald Field into a multipurpose use including basketball, Tai Chi, and al fresco group exercise classes.
• We have quite a few parks, trails and fields for sports. • Add signage and posters to promote exercise and health. • Need more exercise programs like the City of Burlingame offers. • Need more programs for youth and more space for youth programs; provide funding for participation in programs.
• There are no opportunities for physical exercise for children with disabilities. • Need more activities for senior citizens, organize and promote programs and short field trips for seniors.
• Focus on keeping the areas clean. People should not leave their trash everywhere. Clean the streets regularly.
• Improve public safety.
• Increase the height of the freeway sound wall.
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Equitable Access to Public Facilities
• There are public services, parks, public restrooms. Very good access to public services here.
• There are some private places, there should be assistance to pay for the use of private spaces and private lessons and classes. Or just don't have any private spaces and make everything public.
• Provide assistance/financial aid to cover the cost of recreation programs. • All programs in public spaces must be free.
• Treat everyone the same. Do not differentiate between people. • Educate people about the public services that are available. Support schools that have fewer resources.
• Ensure that public programs benefit as many people as possible, not just the same families.
Pollution and Air Quality
• There is very little pollution. There are no factories that contaminate the air in this neighborhood.
• Require a health risk assessment.
• There are a lot of electric vehicles here which will help improve air quality. • Electric cars and public transportation are expensive. • Need more electric vehicle charging stations.
• Make solar panels an affordable option for everyone.
• Offer low cost public transportation options.
• Add housing near jobs so you don’t have to drive.
• Incentivize people to not drive to work.
• Do not cut trees.
• Provide other options instead of driving. Provide more bike lanes, give drivers an incentive for getting electric cars such as rebates.
• The City can't really do much for pollution, focus regionally, but the City cannot fix it. • What open space and traffic and noise pollution measures can be put in place for North Central?
• Everybody deserves a piece of open space, fresh air, and nature. Add more open space to the affected areas.
Other Ideas
• There is a lot of vandalism and crime. They have tried to rob me in my house. The gangs try to steal cars. The most important thing is for people to feel safe in the neighborhoods.
• Everyone should support each other and help each other out. • More activities to keep children occupied and more investment in public safety.
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• Schools need more materials, maintenance and resources for the children. They need materials such as personal hygiene supplies. There should also be more vigilance and security in our schools.
• Need a lot more housing. Need to make affordable housing for low-income people. • There is no parking on B Street and downtown at lunchtime. • Have the City approve permits for neighborhood block parties to improve community building.
• The police need better relationships and to be more present in the community. More police are needed but they should be talking to the people and building relationships. • Fix the properties on Norfolk.
• Add more neighborhood shops.
• Review City/County Association of Governments of San Mateo County (C/CAG) documents for their screening of the needs of lower income areas.
Other Comments
• Consider the cumulative traffic impacts of all the proposed projects within the city. • Do not allow downzoning under the preferred land use scenario. • Apply a Mixed Use High designation at the PS Business Park site in Study Area 8. • I do not support environmental justice.
• Need to build new schools to support additional housing growth. • There is not enough water for additional housing growth. • Limit job growth to what is needed for economic health. • Create progress reports every five years to summarize what the City has accomplished and identify ways to further meet the General Plan goals.
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Draft Policies and Actions Outreach Demographics
This section summarizes the demographic characteristics of the outreach participants. Of the 713 total participants, 324 participants provided voluntary demographic data. The demographic data helps the project team determine if the outreach program is reaching the full range of San Mateo’s demographics.
This data indicates that the outreach program should continue to be refined to increase involvement of renters, younger residents, and residents who identify as Asian and Black/African American. A summary of the demographics of the outreach participants is presented below.
How are you affiliated with San Mateo?
Number of Respondents: 324
58%
8%
25%
8%
1% 0%
Live in San Mateo Work in San Mateo Live and work in
San Mateo
Visit San Mateo to
shop, dine, etc
I am not
connected to San
Mateo
Own property in
San Mateo
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Which best describes your current housing situation?
Number of Respondents: 278
Owner
Occupied
65%
Renter
Occupied
30%
Other,5%
Draft Policies and Actions Outreach Participants
Owner
Occupied
54%
Renter
Occupied
46%
City of San Mateo, 2019
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What is your age group?
Number of Respondents: 299
0.7%
3%
28%
45%
22%
Under 18 years 18-24 years 25-40 years 41-64 years 65+ years Draft Policies and Actions Outreach Participants
27%
17%
15%
13% 12%
15%
0-25 years 25-34 years 35-44 years 45-54 years 55-64 years 65+ years City of San Mateo, 2019
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What is your race or ethnicity? (Check all that apply).
Number of Respondents: 310
6%
1%
0%
0%
20%
7%
15%
50%
0% 10% 20% 30% 40% 50% 60%
Other
Native American
Black/African American
Pacific Islander
Latino/Hispanic
Mixed or other
Asian
White
Draft Policies and Actions Outreach Participants
0%
26%
2%
25%
6%
41%
American Indian or Alaska Native
Asian / API, Non-Hispanic
Black or African American
Hispanic or Latinx
Other Race or Multiple
White, Non-Hispanic
City of San Mateo, 2019
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Which best describes your household annual income?
Number of Respondents: 170
12%
12%
16%
22%
19%
19%
0% 5% 10% 15% 20% 25%
Less than $75,000
$75,000-$99,000
$100,000-$149,000
$150,000-$199,000
$200,000-$300,000
More than $300,000
Draft Policies and Actions Outreach Participants
19%
10%
5%
16%
50%
Less than $50,000
$50,000-$74,999
$75,000-$99,999
$100,000-$149,999
$150,000 or more
City of San Mateo, 2019
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Attachment A
Written Public Comments
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Sent: Saturday, July 16, 2022 9:58 PM
To: City Council (San Mateo) <[email protected]> Subject: To the Council For Monday's City Council Mtg...thanks
Under the preferred general plan, what are you going to do about the traffic that will be generated in and through the now planned “land locked” Hayward Park area?
Railroad tracks on the East and 4 plus story, high density buildings on the North, South and West with only two streets through Hayward Park: Palm Avenue and B Street.
Larry Patterson promised that when Bay Meadows and the TOD overlay was approved, there would be no net increase in terms of traffic on Palm Ave and B St. He said that on the record.
But that is clearly not going to be the case when this GP update is implemented.
Did planning forget to look at these planning issues comprehensively? Or did they just look at various sections of the City, separately - Downtown, El Camino and 92/101, without looking at the cumulative impacts that each of those 3 individual high density sections might have on one particular neighborhood?
For the GP update, was there cumulative traffic studies done on the impact of high density being built on the north, west and south sides of Hayward part or were they just done separately on the downtown, El Camino and Hayward Park TOD sections?
The problem is the cumulative impact of each of those separate sections on Hayward Park itself. This issue happens nowhere else in the City under the preferred GP update.
I would appreciate your response as to the cumulative traffic impact on Hayward Park, if the present preferred GP is passed.
A quick final note, it also seems that you’re giving up on solar access for a wide swath of Hayward Park residents along the El Camino Real.
Sincerely Yours,
Laurence Kinsella
San Mateo, CA 94402
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From: Gustavo Hornos
Sent: Monday, July 18, 2022 3:54 PM
To: City
Council (San Mateo) <[email protected]>
Subject: Please do not allow “Downzoning” in Zone Study 4
Download full resolution images
Available until Aug 17, 2022
Dear San Mateo City Council,
We ask for your help in this matter because after reading the Staff’s suggestions and looking at the zone map they prepared for today’s Plan Update Meeting they are proposing to lower our current R4 Residential Multiple Family Dwelling High Density into a Low/Medium designation.
It is clear to us that even they say otherwise they are still trying to limit and downgrade our block building rights while allowing a huge increase for other properties in the same Downtown area, actually in front of our eyes, right in our backyard.
This is happening even after the City Council and the Mayor in person clearly said that “Downzoning" was not fair.
We are attaching a picture from our backyard where you will see how the newly approved 5 Story MidPeninsula Garage Building is changing completely our view and PDFs of the current San Mateo Zoning Plans for you to compare in order to make justice and to exercise fairness.
Attached is also the PDF file with our previous letter regarding a “Request to do not lower our home land use zone density category” and to be considered as our comments for today’s City Council Meeting where you will decide about Land Use in San Mateo.
Sincerely,
Gustavo Hornos and Jesica Salomon
, San Mateo CA 94402 (between 5th & 9th Avenue)
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Thank you for your hard work on this General Plan Update. We appreciate our partnership with the City.
Sincerely,
Bradley Karvasek
Bradley Karvasek | Vice President - Senior Development Executive 2525 152nd Ave NE | Redmond, WA 98052
T 425.883.1300 C 206.369.1355
psbusinessparks.com
This e-mail may contain confidential or proprietary materials for the sole use of the intended recipient. Any review, use, distribution or disclos ure by others is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and delete all copies.
329 of 574
From: Strive San Mateo <[email protected]>
Sent: Wednesday, July 20, 2022 4:56 PM
To: General Plan <[email protected]>
Subject: New message on Strive San Mateo
Name: Bob Childs
Email:
Message: Your mailer on the general plan states "the general plan team will reach out to communities in San Mat
eo where health and well-being are harmed by inequities to ask about the needs and priorities of those residents". How about having the general plan team reach out to the communities that are paying the bulk of the taxes? We are paying your salary and you should be listening to us, the tax payers! Your " Environmental Justice" plan stinks of woke ideology. If you listen to the people who are paying the taxes you might actually hear that there are people who do not support these socialist programs you are pushing.
---
Date: July 20, 2022
Time: 11:55 pm
Page URL: http://strivesanmateo.org/participate-online/ User Agent: Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/103.0.0.0 Safari/537.36
Remote IP: 162.144.147.225
Powered by: Elementor
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From: Strive San Mateo <[email protected]>
Sent: Thursday, July 21, 2022 2:30 PM
To: General Plan <[email protected]>
Subject: New message on Strive San Mateo
Name: Keith
Email:
Message: Ronald Reagan once said that if fascism ever comes to America it'll come in the name of liberalism, (
ie. socialism). That's what I see when I hear the terms social justice, environmental justice, etc...
Funding and organizing the radical left wing since day one are the central banking oligarchs. They are fascists/neo-feudalists using socialist dupes and socialist policies to consolidate political and economic power.
The central banking oligarchs are implementing their new/one world order agenda at the local, state, national and international level using ignorant and corrupt political hacks like the person reading this message.
PS. CO2/plant food does not drive global temperatures, never has, never will. The CO2/plant food scare is an oligarch scam.
---
Date: July 21, 2022
Time: 9:30 pm
Page URL: https://strivesanmateo.org/participate-online/ User Agent: Mozilla/5.0 (Android 10; Mobile; rv:91.0) Gecko/91.0 Firefox/91.0 Remote IP: 162.144.147.225
Powered by: Elementor
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From: Strive San Mateo <[email protected]>
Sent: Wednesday, July 20, 2022 3:16 PM
To: General Plan <[email protected]>
Subject: New message on Strive San Mateo
Name: John Konopka
Email:
Message: I'm most concerned about global warming and sea level rise. Much of San Mateo lies close to sea level.
How at risk are we? What can be done? How are we coordinating with other cities bordering the Bay?
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Date: July 20, 2022
Time: 10:16 pm
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From: Strive San Mateo <[email protected]>
Sent: Thursday, July 21, 2022 12:14 PM
To: General Plan <[email protected]>
Subject: New message on Strive San Mateo
Name: Sue Papilion
Email:
Message: Received literature on plan participation which said take survey and I see the survey is over? Either I g
ot literature late 7/20/22 or you got your wires crossed. I think far too often committees assume everything runs as fast as their decisions and the public is a pain anyway because you only hear the negative from them. Well I'd like to be positive about growth and you needed my input as a renter!
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Date: July 21, 2022
Time: 7:14 pm
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From: Strive San Mateo <[email protected]>
Sent: Wednesday, July 20, 2022 6:14 PM
To: General Plan <[email protected]>
Subject: New message on Strive San Mateo
Name: jim tilton
Email:
Message: It does not matter how much affordable housing you build there will always be a need for more. I
f enough of the elites can not find and hire the help they need to maintain there lawns and teach in the schools then the desirability of the are will decrease and people will be able to afford housing.
Building high density housing on every available inch is clearly not the answer. . .
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Date: July 21, 2022
Time: 1:13 am
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From: Strive San Mateo <[email protected]>
Sent: Thursday, July 21, 2022 3:47 PM
To: General Plan <[email protected]>
Subject: New message on Strive San Mateo
Name: Violeta
Email:
Message: I just got your flyer. While y ou talk about reshaping the city and talk about development and growth -so far I’ve only seen the co at ruction of offices and housing but have not heard or read ANYTHING about building new schools considering the amount of people these new housing will bring to the city. Are you going to build new schools? or does development only means property taxes the city will collect without considering that more families mean even bigger class sizes in our already crammed schools?
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Date: July 21, 2022
Time: 10:47 pm
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From: Strive San Mateo <[email protected]>
Sent: Thursday, July 21, 2022 9:46 PM
To: General Plan <[email protected]>
Subject: New message on Strive San Mateo
Name: Kent Carrillo
Email:
Message: you guys are ruining San Mateo with the continued construction of more, and more, and more high den
sity housing. where is it written that San Mateo needs to be the next New York City? Stop already. We dont have enough water now. Where will the water come from for all these hundreds of new units? Why is it nobody is talking about that? Just stop. I dont care what the State says. How about listening to your residents for a change, especially your long time residents. San Mateo used to be so very nice. Now, its pretty much urban sprawl. we dont need it, dont want it.
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Date: July 22, 2022
Time: 4:45 am
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From: Frank Markowitz
Sent: Friday, July 29, 2022 3:33 PM
To: General Plan <[email protected]>
Cc: Rick Bonilla <[email protected]>; Diane Papan <[email protected]>; Joe Goethals <[email protected]>; Amourence Lee <[email protected]>; Eric Rodriguez <[email protected]>
Subject: General Plan - support for higher densities, higher building heights, and improved bicycle/pedestrian facilties
General Plan Subcommittee -
As a single-family homeowner in the Beresford/Hillsdale area since 2002 (and an experienced urban/transportation planner), I commend the City Council for supporting targeted higher densities. Given the severe local jobs/housing imbalance, resulting in teachers and other middle-class jobholders unable to afford to live here, it is imperative that more housing be approved, while limiting job growth.
I support concentrating housing growth in areas close to public transit and shopping (like near Caltrain stations and along El Camino Real) or in areas where the impact on existing neighborhoods will be limited (like redeveloping the Campus Drive Peninsula Office Park). The Measure Y height limit of 55 feet is far too restrictive, and I support a higher limit, going back to the voters again if needed. This limit is inconsistent with what neighboring cities are approving and a potential impediment to efficient development. I strongly support rezoning commercial areas to encourage residential or mixed-use redevelopment. I also support more affordable housing.
There is a recent trend among a number of other cities locally (like South SF, Burlingame, and Redwood City) to support huge biotech development, out of scale with housing growth. I hope that San Mateo will not follow this trend, and job growth should be limited to the amount needed to stay economically healthy.
Regarding transportation, I support local proposals, including a bicycle boulevard on Hacienda and Mason (with significant traffic calming measures) and a buffered bike lane on the Alameda. Pedestrian safety improvements and improved street lighting are needed citywide.
Thanks very much.
Frank Markowitz
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From:
Sent: Thursday, August 4, 2022 4:04 PM
To: General Plan <[email protected]>; Eric Rodriguez <[email protected]> Subject: Housing...
To the members of the general plan:
Yesterday, I called many offices of primary care doctors to seek an appointment since my primary care doctor is retiring. I was repeatedly told that the doctor had a full practice and was not accepting new patients. The harsh reality that our peninsula has a shortage of primary career doctors amplifies the lack of thought and foresight for the needs of our citizens. The irresponsible building of hundreds of affordable homes will create a medical catastrophe because of this shortage.
Additionally, each day there are more and more news articles about the water shortage in the West because of the historic drought we are experiencing. Imagine the amount of water needed in all of these structures that have been and are being built. Where do you plan to obtain this need in order to supply the everyday multiple need for water in these homes? Here is a riveting article about this, and sadly you continue to build.
The end of snow threatens to upend 76 million American lives Disappearing snowpack is accelerating the historic drought across the Western US, and so far government responses haven’t matched the scale of the problem.
Read in Bloomberg: https://apple.news/AFXdahSKETlSf29wcUCIvQQ
Alarmingly,
Maureen Zane
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From: Kristie Eglsaer
Sent: Friday, August 5, 2022 11:39 AM
To: General Plan <[email protected]>
Subject: Public comments re Community Design and Historic Preservation; and Conservation, Open Space and Recreation
Dear General Plan Community Design and Historic Preservation and Conservation, Open Space and Recreation subcommittee,
I am writing to provide comments on the Aug 11 meeting.
I am very glad to see conservation and protecting natural resources as part of the general plan and plans to ensure access to nature for all!
Regarding historic preservation, I am so happy to see that alternatives to demolition must be submitted for historic buildings. I would encourage the committee to expand this in all cases of construction.
Deconstruction and recycling should be the first option rather than demolition.
According to the EPA, Construction and Demolition debris is the largest source of waste in America, more than twice the amount of waste generated by municipal solid waste.
San Mateo is a leader in waste reduction, as with finding reasonable solutions to support businesses transitioning to compostable take out containers. Construction and demolition debris must be addressed.
US EPA Best Practices for Reducing, Reusing, and Recycling Construction and Demolition Materials
CalRecycle C&D Recycling Tools for Contractors, Local Governments, and Processors
Deconstruction: The Story of Two Homes (video)
Also regarding historic preservation, consider creating education and training programs, like in San Antonio, Texas.
Thank you very much for considering my comments.
Best, Kristie Eglsaer
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From: Jim Sell
Sent: Monday, August 8, 2022 1:42 PM
To: General Plan <[email protected]>
Subject: Height and Density
Dear Planners,
Current height, density and parking requirements make it mathematically impossible to build affordable housing in San Mateo. I own two R4 lots in the block adjacent to El Camino and W. 3d, nine years ago I had an evaluation done to develop housing on the property . The study projected that 22 two bedroom units would need to sell for 1.5 to 1.8 million and take 3 to 4 years to complete. Our zoning laws make it affordably impossible West of El Camino.
Jim Sell
650 465 1569
Virus-free. www.avast.com
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From: [email protected]
Sent: Tuesday, August 9, 2022 8:33 AM
To: General Plan <[email protected]>
Subject: Public Comment on Caltrain Noise
I am a registered voter in San Mateo City. I would like to suggest San Mateo City should implement Caltrain quiet zone similar to Atherton. Especially in downtown San Mateo area, the trains blast their horns nonstop all through the downtown area since there are so many railroad crossings. It's disruptive to residents and businesses in the affected areas. For example: trains run from 5am - past midnight, how does one get restful sleep. It's a non-stop alarm clock. Maybe start with a pilot program on 9th St railroad crossing.
https://www.ci.atherton.ca.us/456/Quiet-Zone
At 1 2: 01 AM on Monday, June 1 3, 201 6, the Atherton Fair Oaks Q uiet Zone was officially established by the Town of Atherton. Railroad Quiet Zones ca n be establ ished based on criteria outlined in the Final Rule on Use of Locomotive Horns at Highway -Ra il Gra de Crossings (Final Rule), which was made effective on June 24, 2005 by the Federal Railroad Administration (FRA) and amended on August 1 7, 2006.
Thanks for the consideration,
Zorigt Bazarragchaa
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SAN MATEO
HERITAGE ALLIANCE
RECOMMENDED ALTERNATIVE
HISTORIC RESOURCES ELEMENT
GENERAL PLAN 2040
HISTORIC RESOURCES
The Historic Resources component of the General Plan confirms the City’s commitment to the protection, enhancement, perpetuation, and use of historic resources as economic, cultural, and aesthetic benefits to the City of San Mateo.
GOALS
GOAL CD-3.1 Identify and preserve historic, architectural and cultural resources, including individual properties, districts and sites, to maintain San Mateo’s sense of place and special identity, and to enrich our understanding of the city’s history and continuity with the past.
GOAL CD-3.2 Use historic preservation principles as an equal component in the planning and development process. Fully integrate the consideration of historic, architectural and cultural resources as a major aspect of the City's planning, permitting and development activities.
GOAL CD-3.3 Ensure compatibility between new development and existing historic, architectural and cultural resources.
POLICIES
Policy CD-P3.1 Historic Resource Definition. A district, landscape, object, sign, site, or structure significant in American archeology, architecture, culture, engineering, or history that is either designated or eligible for designation under city, state, or national criteria.
Policy CD-P3.2 Historic Preservation. Identify and preserve historic buildings, districts and sites, unless proven not feasible.
Policy CD-P3.3 Demolition. The City shall consider demolition of historic resources as a last resort, to be permitted only if rehabilitation of the resource is not feasible, demolition is necessary to protect the health, safety, and welfare of its residents, or the public benefits outweigh the loss of the historic resource.
San Mateo Heritage Alliance (smheritage.org)
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SAN MATEO
HERITAGE ALLIANCE
Policy CD-P3.4 Historic Districts. Actively identify and protect concentrations of buildings which convey the flavor of local historical periods or provide an atmosphere of exceptional architectural interest or integrity, when they meet national, state or local criteria.
Policy CD-P3.5 Downtown Historic District. Maintain the identified historic district along portions of 3rd Avenue and B Street, and continue to implement regulations to protect the overall historic and architectural character and integrity of the area.
Policy CD-P3.6 Scale and Character of New Construction in Historic Districts.
Promote an architecturally sensitive approach to new construction in Historic districts.
Demonstrate the proposed project’s contextual relationship with land uses and patterns, spatial organization, visual relationships, cultural and historic values, and relationships in height, massing, modulation, and materials.
Policy CD-P3.7 Downtown Building Heights. Relate the height of new buildings to the pattern of downtown and to the character of existing and proposed development.
New development shall be encouraged to step down towards some existing buildings in order to be compatible with the pattern of Downtown.
Policy CD-P3.8 Historic Surveys and Context Statements. For areas that have not been surveyed, the City shall seek funding to prepare new historic context surveys. In these surveys, the potential eligibility of all properties 45 years and older for listing in National, California or local registers shall be evaluated.
Policy CD-P3.9 Historic Structure Renovation, Rehabilitation, and Adaptive Reuse. Promote the renovation and rehabilitation of historic structures that conforms to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures and the California Historical Building Code and prioritize historic structures for available rehabilitation funds.
Policy CD-P3.10 Public Awareness. Foster public awareness and appreciation of the City's historic, architectural, cultural and archaeological resources and educate the community about how to preserve and improve these resources.
Policy CD-P3.11 Historic Preservation Funding. Pursue and promote historic preservation funding sources to incentivize the protection of historic resources such as the California Mills Act Property Tax Abatement Program and Federal Historic Preservation Tax Incentives Program.
Policy CD-P3.12 Encourage both public and private stewardship of the City's historic and cultural resources.
San Mateo Heritage Alliance (smheritage.org)
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HERITAGE ALLIANCE
ACTIONS
Action CD-A3.1 Incorporate preservation as an integral part of the general plan, specific plans, environmental processes, planning, permitting, and development activities.
Action CD-A3.2 Historic Resources Survey. Establish and maintain an inventory of architecturally, culturally, and historically significant structures, districts and sites.
Proactively update and maintain an up-to-date historic resources inventory. Actively seek funding opportunities to update the historic survey.
Action CD-A3.3 Historic Preservation Ordinance. Update and maintain the City’s Historic Preservation Ordinance to be consistent with State and Federal standards and guidelines, and to support local historic preservation objectives. Incorporate zoning tools such as Historic Preservation Overlay Zones (HPOZs) and conservation districts.
Action CD-A3.4 Historic Design Standards. Create objective design standards for development within commercial and residential historic districts and adjacent properties, to maintain the historic character of these resources. Revise the Downtown and Historic District Design Standards to give consideration to new development within a historic preservation context.
Action CD-A3.5 Demolition Alternatives. Require an applicant to submit alternatives to full demolition on how to preserve a historic building as part of any planning application and implement methods of preservation unless health and safety requirements cannot be met.
Action CD-A3.6 Encourage and assist owners of historically significant buildings in finding ways to adapt and rehabilitate these buildings, including participation in state and federal tax relief programs.
Action CD-A3.7 Streamline, to the maximum extent feasible, any future processes for design review of historic structures to eliminate unnecessary delay and uncertainty for the applicant and to encourage historic preservation.
Action CD-A3.8 Preservation Incentives. Create incentives to preserve historic and cultural resources such as reducing parking requirements, allowing a flexible use, or establishing a transfer of development rights program.
Action CD-A3.9 Create incentives to encourage salvage and reuse of discarded historic building materials.
San Mateo Heritage Alliance (smheritage.org)
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Laurie and Randy Hietter
August 11, 2022
Mr. Zachary Dahl, Deputy Director VIA EMAIL
General Plan Subcommittee
Community Development Department
City of San Mateo
330 West 20th Avenue
San Mateo, California 94403
Dear Mr. Dahl and General Plan Subcommittee Members:
Thank you for the opportunity to provide comments regarding the proposed 5. Community Design and Historic Resources Element of the 2040 General Plan. The San Mateo Heritage Alliance (SMHA) submitted suggested revised policies yesterday. It is especially important to include the initial discussion of Principles. We support the SMHA revisions to the City’s document.
The comments below reference the
Policies and Actions in the City’s Goals, Policies, and Actions to emphasize certain points.
NATURAL LANDSCAPES AND THE URBAN FOREST
Policy CD-P2.3 New Development Requirements.
Add protection of tree roots to the policy to protect the health of the trees during construction.
Damage to roots can be fatal to trees.
“Require the protection of trees and their roots during construction activity; …”
HISTORIC RESOURCES
Please replace these goals, policies, and actions with those presented by the San Mateo Heritage Alliance (submitted August 10, 2022).
Policies
Policy CD‐P3.1 Historic Preservation. This should be a policy to identify and preserve resources. The City must follow the law, not just “where feasible.” Policy CD‐P3.2 Historic Districts. Insert “Identify and” at the beginning of the policy. The City is currently not conducting adequate review or protection of historic district must follow the direction of the State Historic Preservation office, which states:
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Mr. Zachary Dahl
General Plan Subcommittee
August 11, 2022